		II
		112th CONGRESS
		1st Session
		S. 861
		IN THE SENATE OF THE UNITED STATES

			April 14, 2011
			Ms. Landrieu (for
			 herself and Mr. Vitter) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To restore the natural resources, ecosystems, fisheries,
		  marine habitats, and coastal wetland of Gulf Coast States, to create jobs and
		  revive the economic health of communities adversely affected by the explosion
		  on, and sinking of, the mobile offshore drilling unit Deepwater Horizon, and
		  for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Resources and Ecosystems
			 Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast
			 States Act of 2011.
		2.FindingsCongress finds that—
			(1)as a result of
			 decades of oil and gas development in the Gulf of Mexico, producing and
			 nonproducing States in the Gulf Coast region have borne substantial risks of
			 environmental damage and economic harm, all of which culminated with the
			 explosion on, and sinking of, the mobile offshore drilling unit Deepwater
			 Horizon;
			(2)the discharge of
			 oil in the Gulf of Mexico that began following the explosion on, and sinking
			 of, the mobile offshore drilling unit Deepwater Horizon has caused substantial
			 environmental destruction and economic harm to the people and communities of
			 the Gulf Coast region;
			(3)(A)in the report entitled
			 America’s Gulf Coast—A Long Term Recovery Plan after the Deepwater
			 Horizon Oil Spill, the Secretary of the Navy stated, “Together, the
			 Gulf’s tourism and commercial and recreational fishing industries contribute
			 tens of billions of dollars to the U.S. economy. More than 90 percent of the
			 nation’s offshore crude oil and natural gas is produced in the Gulf, and the
			 Federal treasury receives roughly $4.5 billion dollars every year from offshore
			 leases and royalties. And it is in the Gulf of Mexico that nearly one third of
			 seafood production in the continental U.S. is harvested. America needs a
			 healthy and resilient Gulf Coast, one that can support the diverse economies,
			 communities, and cultures of the region.”;
				(B)to address the needs of the Gulf Coast
			 region, the Secretary of the Navy stated, “It is recommended that the President
			 urge Congress to pass legislation that would dedicate a significant amount of
			 any civil penalties recovered under the Clean Water Act from parties
			 responsible for the Deepwater Horizon oil spill to those directly impacted by
			 that spill.”; and
				(C)to mitigate local challenges and help
			 restore the resiliency of communities adversely affected by the spill, the
			 Secretary of the Navy stated that the legislation described in subparagraph (B)
			 should [b]uild economic development strategies around community needs,
			 and take particular efforts to address the needs of disadvantaged, underserved,
			 and resource constrained communities;
				(4)in a final report
			 to the President, the National Commission on the BP Deepwater Horizon Oil Spill
			 and Offshore Drilling—
				(A)stated,
			 “Estimates of the cost of Gulf restoration, including but not limited to the
			 Mississippi Delta, vary widely, but according to testimony before the
			 Commission, full restoration of the Gulf will require $15 billion to $20
			 billion: a minimum of $500 million annually for 30 years.”; and
				(B)like the
			 Secretary of the Navy, recommended that, to meet the needs described in
			 subparagraph (A), a substantial portion of applicable penalties under the
			 Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) be dedicated to
			 long-term restoration of the Gulf of Mexico;
				(5)taking into
			 account the risks borne by Gulf Coast States for decades of oil and gas
			 development and the environmental degradation suffered by the Gulf Coast
			 ecosystem, the amounts received by the United States as payment of
			 administrative, civil, or criminal penalties in connection with the explosion
			 on, and sinking of, the mobile offshore drilling unit Deepwater Horizon should
			 be expended—
				(A)to restore the
			 natural resources, ecosystems, fisheries, marine habitats, coastal wetland, and
			 economy of the Gulf Coast; and
				(B)to address the
			 associated economic harm suffered by the people and communities of the region,
			 including especially socially vulnerable populations;
				(6)the expenditures
			 of funds pursuant to this Act and the amendments made by this Act should be
			 based on the best available physical, ecological, and social science;
			(7)the projects and
			 programs authorized by this Act and the amendments made by this Act should be
			 carried out pursuant to contracts awarded in a manner that provides a
			 preference to individuals and entities that reside in, are headquartered in, or
			 are principally engaged in business in a Gulf Coast State; and
			(8)Federal, State,
			 and local officials should seek—
				(A)to leverage the
			 financial resources made available under this Act; and
				(B)to the maximum
			 extent practicable, to ensure that projects funded pursuant to this Act
			 complement efforts planned or in operation to revitalize the natural resources
			 and economic health of the Gulf Coast region, including by augmenting funding
			 for projects underwritten by the private sector and philanthropic
			 organizations.
				3.Gulf Coast
			 Restoration Trust Fund
			(a)EstablishmentThere
			 is established in the Treasury of the United States a trust fund to be known as
			 the Gulf Coast Restoration Trust Fund (referred to in this
			 section as the Trust Fund), consisting of such amounts as are
			 deposited in the Trust Fund under this Act or any other provision of
			 law.
			(b)TransfersThe
			 Secretary of the Treasury shall deposit in the Trust Fund an amount equal to 80
			 percent of all administrative, civil, and criminal penalties paid by
			 responsible parties after the date of enactment of this Act in connection with
			 the explosion on, and sinking of, the mobile offshore drilling unit Deepwater
			 Horizon pursuant to a court order, negotiated settlement, or other instrument
			 in accordance with section 311 of the Federal Water Pollution Control Act (33
			 U.S.C. 1321).
			(c)ExpendituresAmounts
			 in the Trust Fund, including interest earned on advances to the Trust Fund and
			 proceeds from investment under subsection (d), shall—
				(1)be available for
			 expenditure, without further appropriation, solely for programs and projects to
			 restore, protect, and make sustainable use of the natural resources,
			 ecosystems, fisheries, marine habitats, coastal wetland, and economy of the
			 Gulf Coast States (as defined in section 311 of the Federal Water Pollution
			 Control Act (33 U.S.C. 1321)), in accordance with this Act and the amendments
			 made by this Act; and
				(2)remain available
			 until expended, without fiscal year limitation.
				(d)InvestmentAmounts
			 in the Trust Fund shall be invested in accordance with section 9702 of title
			 31, United States Code, and any interest on, and proceeds from, any such
			 investment shall be credited to, and become a part of, the Trust Fund.
			(e)AdministrationNot
			 later than 180 days after the date of enactment of this Act, after providing
			 notice and an opportunity for public comment, the Secretary of the Treasury
			 shall establish such procedures as the Secretary determines to be necessary to
			 deposit amounts in, and expend amounts from, the Trust Fund pursuant to this
			 Act, including—
				(1)procedures to
			 assess whether the programs and activities carried out under this Act and the
			 amendments made by this Act achieve compliance with applicable requirements,
			 including procedures by which the Secretary of the Interior may determine
			 whether an expenditure by a Gulf Coast State (as that term is defined in
			 section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321))
			 pursuant to such a program or activity achieves compliance;
				(2)auditing
			 requirements to ensure that amounts in the Trust Fund are expended as intended;
			 and
				(3)procedures for
			 identification and allocation of funds available to the Secretary under other
			 provisions of law that may be necessary to pay the administrative expenses
			 directly attributable to the management of the Trust Fund.
				4.Gulf coast
			 natural resources restoration and economic recoverySection 311 of the Federal Water Pollution
			 Control Act (33 U.S.C. 1321) is amended—
			(1)in subsection
			 (a)—
				(A)in paragraph
			 (25)(B), by striking and at the end;
				(B)in paragraph
			 (26)(D), by striking the period at the end and inserting a semicolon;
			 and
				(C)by adding at the
			 end the following:

						(27)the term
				Chairperson means the Chairperson of the Council;
						(28)the term
				Comprehensive Plan means the comprehensive plan developed by the
				Council pursuant to subsection (t);
						(29)the term
				Council means the Gulf Coast Ecosystem Restoration Council
				established pursuant to subsection (t);
						(30)the term
				Deepwater Horizon oil spill means the blowout and explosion of the
				mobile offshore drilling unit Deepwater Horizon that occurred on April 20,
				2010, and resulting hydrocarbon releases into the environment;
						(31)the term
				Gulf Coast ecosystem means—
							(A)the coastal
				zones, as that term is defined in section 304 of the Coastal Zone Management
				Act of 1972 (16 U.S.C. 1453) of the Gulf Coast States; and
							(B)includes any
				adjacent land, water, watersheds, and areas of the outer Continental Shelf of
				the Gulf Coast States that—
								(i)are within 50
				miles of the coastal zones of the Gulf Coast States and have been adversely
				affected by the Deepwater Horizon oil spill; and
								(ii)have been
				potentially affected by continued impacts relating to the Deepwater Horizon oil
				spill;
								(32)the term
				Gulf Coast State means any of the States of Alabama, Florida,
				Louisiana, Mississippi, and Texas; and
						(33)the term
				Trust Fund means the Gulf Coast Restoration Trust Fund established
				pursuant to section 3 of the Resources and
				Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the
				Gulf Coast States Act of
				2011.
						;
				(2)in subsection
			 (s), by inserting except as provided in subsection (t) before
			 the period at the end; and
			(3)by adding at the
			 end the following:

					(t)Gulf coast
				restoration and recovery
						(1)State
				allocation and expenditures
							(A)In
				generalOf the total amounts made available in any fiscal year
				from the Trust Fund, 35 percent shall be disbursed to the Gulf Coast States in
				equal shares for expenditure in accordance with this subsection.
							(B)Use of
				funds
								(i)In
				generalAmounts provided to the Gulf Coast States under this
				subsection shall be used to carry out projects and programs to restore,
				protect, and make sustainable use of the natural resources, ecosystems,
				fisheries, marine habitats, coastal wetland, and economy of the Gulf
				Coast.
								(ii)ActivitiesAmounts
				provided to the Gulf States under this subsection may be used to carry out 1 or
				more of the following activities:
									(I)Coastal
				protection projects and activities, including conservation, coastal
				restoration, hurricane protection, and infrastructure directly affected by
				coastal wetland losses, beach erosion, and the impacts of the Deepwater Horizon
				oil spill.
									(II)Mitigation of
				damage to, and restoration of, fish, wildlife, or natural resources.
									(III)Implementation
				of a federally approved marine, coastal, or comprehensive conservation
				management plan, including fisheries monitoring.
									(IV)Programs to
				promote tourism in a Gulf Coast State.
									(V)Programs to
				promote the consumption of seafood produced from the Gulf Coast ecosystem or
				adjacent Federal waters.
									(VI)Planning
				assistance and the administrative costs of complying with this
				subsection.
									(C)ConditionsAs
				a condition of receiving amounts from the Trust Fund, the Governor of a Gulf
				Coast State, in consultation with the appropriate State entity, including the
				entities described in subparagraph (D), shall—
								(i)agree to meet
				such conditions, including audit requirements, as the Secretary of the Treasury
				determines necessary to ensure that amounts disbursed from the Trust Fund will
				be used in accordance with this subsection;
								(ii)certify in such
				form and in such manner as the Secretary of the Treasury determines necessary
				that the project or program for which the Governor is requesting
				amounts—
									(I)is designed to
				restore, protect, and make sustainable use of the natural resources,
				ecosystems, fisheries, marine habitats, coastal wetland, and economy of the
				Gulf Coast;
									(II)carries out 1 or
				more of the activities described in subparagraph (B);
									(III)was selected
				based on meaningful input from the public, including broad-based participation
				from individuals, businesses, and nonprofit organizations; and
									(IV)in the case of a
				natural resource, is based on the best available science; and
									(iii)certify that
				the project or program and the awarding of a contract for the expenditure of
				amounts received under this subsection are consistent with the standard
				procurement rules and regulations governing a comparable project or program in
				that State, including all applicable competitive bidding and audit
				requirements.
								(D)Approval by
				State entity, task force, or agencyThe following Gulf Coast
				State entities, task forces, or agencies shall be consulted by the applicable
				Gulf Coast State Governor in carrying out subparagraph (C):
								(i)In the State of
				Alabama, the Port Authority of Alabama.
								(ii)In the State of
				Louisiana, the Coastal Protection and Restoration Authority of
				Louisiana.
								(E)Compliance with
				conditionsIf the Secretary of the Treasury determines that an
				expenditure by a Gulf Coast State of amounts made available under this
				subsection does not meet the conditions of this subsection, the Secretary shall
				make no additional amounts from the Trust Fund available to that Gulf Coast
				State until such time as an amount equal to the amount expended for the
				unauthorized use—
								(i)has been
				deposited by the Gulf Coast State in the Trust Fund; or
								(ii)has been
				authorized by the Secretary of the Treasury for expenditure by the Gulf Coast
				State for a project or program that meets the requirements of this
				subsection.
								(F)Public
				inputIn meeting any condition of this subsection, the Governor
				of a Gulf Coast State may use any procedure appropriate in that Gulf Coast
				State, including consulting with 1 or more established task forces or other
				entities, to develop recommendations for proposed projects and programs that
				would restore, protect, and make sustainable use of the natural resources,
				ecosystems, fisheries, marine habitats, coastal wetland, and economy of the
				Gulf Coast.
							(G)Previously
				approved projects and programsThe Governor of a Gulf Coast State
				shall be considered to have met the conditions of subparagraph (C) for a
				specific project or program if, before the date of enactment of the
				Resources and Ecosystems Sustainability,
				Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of
				2011—
								(i)the Gulf Coast
				State has established conditions for carrying out projects and programs that
				are similar to the conditions described in subparagraph (C); and
								(ii)the applicable
				project or program carries out 1 or more of the activities described in
				subparagraph (B)(ii).
								(H)Consultation
				with CouncilIn carrying out this subsection, each Governor of a
				Gulf Coast State shall seek the input of the Chairperson of the Council to
				identify large-scale projects that may be jointly supported by that Gulf Coast
				State and by the Council pursuant to the Comprehensive Plan with amounts
				provided under this subsection.
							(I)Non-Federal
				matching fundsA Governor of a Gulf Coast State may use, in whole
				or in part, amounts made available to that Gulf Coast State from the Trust Fund
				to satisfy the non-Federal share of the cost of any project or program
				authorized by Federal law that meets the use requirements under subparagraph
				(B)(i).
							(J)Local
				preferenceIn awarding contracts to carry out a project or
				program under this subsection, a Governor of a Gulf Coast State may give a
				preference to individuals and companies that reside in, are headquartered in,
				or are principally engaged in business in, a Gulf Coast State.
							(2)Council
				establishment and allocation
							(A)In
				generalOf the total amount made available in any fiscal year
				from the Trust Fund, 60 percent shall be disbursed to the Council to carry out
				the Comprehensive Plan.
							(B)Council
				expenditures
								(i)In
				generalIn accordance with this paragraph, the Chairperson shall
				select, and the Council shall undertake, projects and programs that would
				restore and protect the natural resources, ecosystems, fisheries, marine
				habitats, and coastal wetland of the Gulf Coast.
								(ii)Allocation and
				expenditure proceduresThe Secretary of the Treasury shall
				develop such conditions, including audit requirements, as the Secretary of the
				Treasury determines necessary to ensure that amounts disbursed from the Trust
				Fund to the Council to implement the Comprehensive Plan will be used in
				accordance with this paragraph.
								(C)Gulf Coast
				Ecosystem Restoration Council
								(i)EstablishmentThere
				is established as an independent entity in the Federal Government a council to
				be known as the Gulf Coast Ecosystem Restoration Council.
								(ii)MembershipThe
				Council shall consist of the following members, or in the case of a Federal
				agency, a designee at the level of the Assistant Secretary or the
				equivalent:
									(I)The Chair of the
				Council on Environmental Quality.
									(II)The Secretary of
				the Interior.
									(III)The Secretary
				of the Army.
									(IV)The Secretary of
				Commerce.
									(V)The Secretary of
				Agriculture.
									(VI)The
				Administrator of the Environmental Protection Agency.
									(VII)The Secretary
				of Homeland Security.
									(VIII)The Secretary
				of Energy.
									(IX)The Governor of
				the State of Alabama.
									(X)The Governor of
				the State of Florida.
									(XI)The Governor of
				the State of Louisiana.
									(XII)The Governor of
				the State of Mississippi.
									(XIII)The Governor
				of the State of Texas.
									(iii)ChairpersonFrom
				among the Federal agency members of the Council, the Council shall select, and
				the President shall appoint, 1 member to serve as Chairperson of the
				Council.
								(iv)Duties of
				CouncilThe Council shall—
									(I)consult with, and
				provide recommendations to, the Chairperson during development of a preliminary
				plan, the Comprehensive Plan, and future revisions to the Comprehensive
				Plan;
									(II)identify as soon
				as practicable the projects that—
										(aa)have been
				authorized prior to the date of enactment of this subsection but not yet
				commenced; and
										(bb)if
				implemented quickly, would restore and protect the natural resources,
				ecosystems, fisheries, marine habitats, and coastal wetland of the Gulf Coast
				ecosystem;
										(III)coordinate the
				development of consistent policies, strategies, plans, and activities by
				Federal agencies, State and local governments, and private sector entities for
				addressing the restoration and protection of the Gulf Coast ecosystem;
									(IV)establish such
				other advisory committee or committees as may be necessary to assist the
				Council, including to address public policy and scientific issues;
									(V)coordinate
				scientific and other research associated with restoration of the Gulf Coast
				ecosystem;
									(VI)seek to ensure
				that all policies, strategies, plans, and activities for addressing the
				restoration of the Gulf Coast ecosystem are based on the best available
				physical, ecological, and social science;
									(VII)make
				recommendations to address the particular needs of especially socially
				vulnerable populations;
									(VIII)develop
				standard terms to include in contracts for projects and programs awarded
				pursuant to the Comprehensive Plan that provide a preference to individuals and
				companies that reside in, are headquartered in, or are principally engaged in
				business in, a Gulf Coast State;
									(IX)prepare an
				integrated financial plan and recommendations for coordinated budget requests
				for the amounts proposed to be expended by the Federal agencies represented on
				the Council for projects and programs in the Gulf Coast States; and
									(X)submit an annual
				report to Congress that—
										(aa)summarizes the
				policies, strategies, plans, and activities for addressing the restoration and
				protection of the Gulf Coast ecosystem;
										(bb)describes the
				projects and programs being implemented to restore and protect the Gulf Coast
				ecosystem; and
										(cc)makes such
				recommendations to Congress for modifications of existing laws as the Council
				determines necessary to achieve the purposes of the
				Resources and Ecosystems Sustainability,
				Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of
				2011.
										(v)Application of
				Federal Advisory Committee ActThe Council, or any other advisory
				committee established under this subsection, shall not be considered an
				advisory committee under the Federal Advisory Committee Act (5 U.S.C.
				App.).
								(D)Comprehensive
				Plan
								(i)Proposed
				plan
									(I)In
				generalNot later than 180 days after the date of enactment of
				the Resources and Ecosystems Sustainability,
				Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of
				2011, the Chairperson, on behalf of the Council, shall publish a
				proposed plan to restore and protect the natural resources, ecosystems,
				fisheries, marine habitats, and coastal wetland of the Gulf Coast
				ecosystem.
									(II)ContentsThe
				proposed plan described in subclause (I) shall include and incorporate the
				findings and information prepared by the President’s Gulf Coast Restoration
				Task Force.
									(ii)Publication
									(I)Initial
				planNot later than 1 year after date of enactment of the
				Resources and Ecosystems Sustainability,
				Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of
				2011 and after notice and opportunity for public comment, the
				Chairperson, on behalf of the Council, shall publish in the Federal Register
				the initial Comprehensive Plan to restore and protect the natural resources,
				ecosystems, fisheries, marine habitats, and coastal wetland of the Gulf Coast
				ecosystem.
									(II)Cooperation
				with Gulf Coast Restoration Task ForceThe Council shall develop
				the initial Comprehensive Plan in close coordination with the President’s Gulf
				Coast Restoration Task Force.
									(III)ConsiderationsIn
				developing the initial Comprehensive Plan, the Council shall consider any
				finding or report submitted by a center of excellence participating in the Gulf
				Coast Ecosystem Restoration Science, Monitoring, and Technology Program
				established pursuant to section 5(c) of the Resources and Ecosystems Sustainability, Tourist
				Opportunities, and Revived Economies of the Gulf Coast States Act of
				2011.
									(IV)ContentsThe
				initial Comprehensive Plan shall include—
										(aa)such provisions
				as are necessary to fully incorporate in the Comprehensive Plan the strategy,
				projects, and programs recommended by the President’s Gulf Coast Restoration
				Task Force;
										(bb)a
				list of any project or program authorized prior to the date of enactment of
				this subsection but not yet commenced, the completion of which would further
				the purposes and goals of this subsection and of the
				Resources and Ecosystems Sustainability,
				Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of
				2011;
										(cc)a
				description of the manner in which amounts from the Trust Fund projected to be
				made available to the Council for the succeeding 10 years will be allocated;
				and
										(dd)a
				list of specific projects and programs to be funded and carried out during the
				3-year period immediately following the date of publication of the initial
				Comprehensive Plan, including a table that illustrates the distribution of
				projects and programs by Gulf Coast State.
										(V)Plan
				updatesThe Council shall update—
										(aa)the
				Comprehensive Plan every 5 years in a manner comparable to the manner
				established in this subsection for each 5-year period for which amounts are
				expected to be made available to the Gulf Coast States from the Trust Fund;
				and
										(bb)the 3-year list
				of projects and programs described in subclause (IV)(dd) annually.
										(iii)Restoration
				prioritiesExcept for projects and programs described in
				subclause (IV)(bb), in selecting projects and programs to include on the 3-year
				list described in subclause (IV)(dd), based on the best available science, the
				Council shall give highest priority to—
									(I)projects that are
				projected to make the greatest contribution to restoring and protecting the
				natural resources, ecosystems, fisheries, marine habitats, and coastal wetland
				of the Gulf Coast ecosystem, without regard to geographic location;
									(II)large-scale
				projects and programs that—
										(aa)are not likely
				to be funded under other environmental restoration and protection programs
				authorized in the Gulf Coast States; and
										(bb)are projected to
				substantially contribute to restoring and protecting the natural resources,
				ecosystems, fisheries, marine habitats, and coastal wetland of the Gulf Coast
				ecosystem; and
										(III)existing Gulf
				Coast State comprehensive plans for the restoration and protection of natural
				resources, ecosystems, fisheries, marine habitats, and coastal wetland of the
				Gulf Coast ecosystem.
									(E)Implementation
								(i)In
				generalThe Council, acting through the member agencies and Gulf
				Coast States, may carry out projects and programs adopted in the Comprehensive
				Plan.
								(ii)Administrative
				responsibility
									(I)In
				generalPrimary authority and responsibility for each project and
				program included in the Comprehensive Plan shall be assigned by the Chairperson
				to an agency or a Gulf Coast State represented on the Council.
									(II)Transfer of
				amountsAmounts necessary to carry out each project or program
				included in the Comprehensive Plan shall be transferred by the Secretary of the
				Treasury from the Trust Fund to that Federal agency or Gulf Coast State as the
				project or program is implemented, subject to such conditions as the Secretary
				of the Treasury established pursuant to section 3 of the
				Resources and Ecosystems Sustainability,
				Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of
				2011.
									(iii)Cost
				sharing
									(I)In
				generalA Gulf Coast State may use, in whole or in part, amounts
				made available to that Gulf Coast State from the Trust Fund to satisfy the
				non-Federal share of the cost of carrying a project or program that—
										(aa)is authorized by
				other Federal law; and
										(bb)meets the
				criteria of this paragraph.
										(II)Inclusion in
				Comprehensive PlanA project or program described in subclause
				(I) shall be selected and adopted by the Council as part of the Comprehensive
				Plan in the manner described in this paragraph.
									(F)CoordinationThe
				Council and the Federal members of the Council may develop Memorandums of
				Understanding establishing integrated funding and implementation plans among
				the member agencies and
				authorities.
							.
			5.Gulf Coast
			 Ecosystem Restoration Science, Monitoring, and Technology Program
			(a)DefinitionsIn
			 this section:
				(1)AdministratorThe
			 term Administrator means the Administrator of the National Oceanic
			 and Atmospheric Administration.
				(2)ProgramThe
			 term Program means the Gulf Coast Ecosystem Restoration Science,
			 Monitoring, and Technology Program established by subsection (b).
				(b)EstablishmentThere
			 is established within the National Oceanic and Atmospheric Administration a
			 program to be known as the Gulf Coast Ecosystem Restoration Science,
			 Monitoring, and Technology Program, to be carried out by the
			 Administrator.
			(c)Centers of
			 excellence
				(1)In
			 generalIn carrying out the Program, the Administrator shall make
			 grants in accordance with paragraph (2) to establish and operate 5 centers of
			 excellence, 1 of which shall be located in each of the States of Alabama,
			 Florida, Louisiana, Mississippi, and Texas.
				(2)Grants
					(A)In
			 generalThe Administrator shall use the amounts made available to
			 carry out this section to award competitive grants to nongovernmental entities
			 and consortia in the Gulf Coast region (including public and private
			 institutions of higher education) for the establishment of centers of
			 excellence as described in paragraph (1).
					(B)ApplicationTo
			 be eligible to receive a grant under this paragraph, an entity or consortium
			 described in subparagraph (A) shall submit to the Administrator an application
			 at such time, in such manner, and containing such information as the
			 Administrator determines to be appropriate.
					(C)PriorityIn
			 awarding grants under this paragraph, the Administrator shall give priority to
			 entities and consortia that demonstrate the ability to establish the broadest
			 cross-section of participants with interest and expertise in any discipline
			 described in paragraph (3) on which the proposed curriculum of the center of
			 excellence will be focused.
					(3)DisciplinesEach
			 center of excellence shall focus the curriculum of the center on science,
			 technology, and monitoring in at least 1 of the following disciplines:
					(A)Coastal wetland
			 restoration and protection.
					(B)Coastal and
			 marine fisheries and wildlife ecosystem research, monitoring, mapping, and
			 recovery.
					(C)Offshore energy
			 development, including research and technology to improve the safety in
			 exploration and development of oil and gas resources.
					(D)Sustainable
			 growth, economic, and commercial development.
					(E)Port, harbor, and
			 waterway construction and maintenance.
					(4)Coordination
			 with other programsThe Administrator shall develop a plan for
			 the coordination of projects and activities between the Program and other
			 existing Federal and State science and technology programs in the States of
			 Alabama, Florida, Louisiana, Mississippi, and Texas.
				(d)FundingExcept
			 as provided in subsection (t)(4) of section 311 of the Federal Water Pollution
			 Control Act (33 U.S.C. 1321), of the total amount made available for each
			 fiscal year for the Gulf Coast Restoration Trust Fund established under section
			 3, 5 percent shall be allocated to the Program.


		II
		112th CONGRESS
		2d Session
		S. 3592
		IN THE SENATE OF THE UNITED STATES

			September 20, 2012
			Mr. Bennet introduced
			 the following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Older Americans Act of 1965 to encourage the
		  use of locally grown food in meal programs.

		1.Short
			 titleThis Act may be cited as
			 the Locally Grown Foods for Older
			 Americans Act.
		2.Locally grown
			 foodSection 339(2) of the
			 Older Americans Act of 1965 is amended—
			(1)in subparagraph
			 (J), by striking , and and inserting a comma;
			(2)in subparagraph
			 (K), by striking the period and inserting , and; and
			(3)by adding at the
			 end the following:

					(L)where feasible, encourages the use of
				locally grown foods in meal programs and identifies potential partnerships and
				contracts with local producers and providers of locally grown
				foods.
					.


		IV
		112th CONGRESS
		1st Session
		H. RES. 434
		IN THE HOUSE OF REPRESENTATIVES

			October 13, 2011
			Mr. Conyers (for
			 himself and Mr. Clarke of Michigan)
			 submitted the following resolution; which was referred to the
			 Committee on Natural
			 Resources, and in addition to the Committee on
			 Foreign Affairs, 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

		RESOLUTION
		Celebrating the 10-year commemoration of
		  the Underground Railroad Memorial, comprised of the Gateway to Freedom Monument
		  in Detroit, Michigan, and the Tower of Freedom Monument in Windsor, Ontario,
		  Canada.

		Whereas millions of Africans and their descendants were
			 enslaved in the United States and the American colonies from 1619 through
			 1865;
		Whereas Africans forced into slavery were unspeakably
			 debased, humiliated, dehumanized, brutally torn from their families and loved
			 ones, and subjected to the indignity of being stripped of their names and
			 heritage;
		Whereas tens of thousands of people of African descent
			 silently escaped their chains to follow the perilous Underground Railroad
			 northward towards freedom in Canada;
		Whereas the Detroit River played a central role for these
			 passengers of the Underground Railroad on their way to freedom;
		Whereas, in October 2001, the City of Detroit, Michigan,
			 joined with Windsor and Essex County in Ontario, Canada, to memorialize the
			 courage of these freedom seekers with an international memorial to the
			 Underground Railroad, comprising the Tower of Freedom Monument in Windsor and
			 the Gateway to Freedom Monument in Detroit;
		Whereas the deep roots that slaves, refugees, and
			 immigrants who reached Canada from the United States created in Canadian
			 society remain as tributes to the determination of their descendants to
			 safeguard the history of the struggles and endurance of their forebears;
		Whereas the observance of the 10-year commemoration of the
			 Underground Railroad Memorial will be celebrated from October 19 through
			 October 22, 2011, and might include the designation of an International Freedom
			 Corridor and the nomination of the historic Detroit River as an International
			 World Heritage Site;
		Whereas the designation of an International Freedom
			 Corridor would include the States of Michigan, Illinois, Ohio, Wisconsin,
			 Missouri, Indiana, and Kentucky, the Detroit, Mississippi, and Ohio Rivers,
			 which traverse portions of these States, and any other sites associated within
			 this International Freedom Corridor;
		Whereas the Detroit River might be designated as an
			 International World Heritage Site with further joint nomination by the National
			 Park Service and the Parks Canada Agency for inclusion on the World Heritage
			 Site list of the United Nations Educational, Scientific, and Cultural
			 Organization as a testament to the shared history of the United States and
			 Canada;
		Whereas a cooperative international partnership project is
			 dedicated to education and research with the goal of promoting cross-border
			 understanding as well as economic development and cultural heritage
			 tourism;
		Whereas, over the course of history, the United States has
			 become a symbol of democracy and freedom around the world; and
		Whereas the legacy of African-Americans is interwoven with
			 the fabric of democracy and freedom in the United States: Now, therefore, be
			 it

		That the House of
			 Representatives—
			(1)celebrates the
			 10-year commemoration of the Underground Railroad Memorial, comprised of the
			 Gateway to Freedom Monument in Detroit, Michigan, and the Tower of Freedom
			 Monument in Windsor, Ontario, Canada;
			(2)supports the
			 designation of an International Freedom Corridor and the nomination of the
			 historic Detroit River as an International World Heritage Site;
			(3)recognizes that a
			 National Park Service special resource study may establish national
			 significance, suitability, and feasibility of a National Freedom Corridor;
			 and
			(4)acknowledges that
			 the National Heritage Areas and Corridors are examples of recognitions that do
			 not involve establishing a new unit of the National Park System, and for which
			 the role of the National Park Service is primarily to assist State and local
			 initiatives to preserve resources.


116 HR 2643 IH: Broadband Mapping After Public Scrutiny Act of 2019
U.S. House of Representatives
2019-05-09
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.

I116th CONGRESS1st SessionH. R. 2643IN THE HOUSE OF REPRESENTATIVESMay 9, 2019Mr. Latta (for himself and Mr. Welch) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo direct the Federal Communications Commission to establish a challenge process to verify fixed
			 and mobile broadband service coverage data.

 1.Short titleThis Act may be cited as the Broadband Mapping After Public Scrutiny Act of 2019 or the Broadband MAPS Act of 2019. 2.Verification of broadband service coverage data (a)RulemakingNot later than 6 months after the date of the enactment of this Act, the Commission shall initiate a rulemaking to establish a challenge process to collect and use fixed and mobile broadband service coverage data submitted to the Commission by private entities and State, local, and Tribal government entities to verify fixed and mobile broadband service coverage data reported to the Commission by fixed and mobile broadband service providers.
 (b)Data submission standardsThe process established under subsection (a) shall include uniform standards for data submitted through such process to ensure consistent and accurate reporting methods.
 (c)Data validationThe process established under subsection (a) shall include an evidence-based method to validate the accuracy of data submitted through such process.
 (d)DefinitionsIn this section: (1)CommissionThe term Commission means the Federal Communications Commission.
 (2)StateThe term State has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).


		I
		111th CONGRESS
		2d Session
		H. R. 5460
		IN THE HOUSE OF REPRESENTATIVES

			May 28, 2010
			Ms. Chu 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 and the Higher Education Act of 1965 to require the Secretary of Education
		  to establish grant programs to help pregnant and parenting students stay in
		  school, and for other purposes.

		1.Short titleThis Act may be referred to as the
			 Teen Parent Graduation and College Achievement Act.
		2.FindingsCongress makes the following
			 findings:
			(1)Each year, nearly 750,000 American
			 teenagers ages 15 through 19 become pregnant, giving the United States the
			 highest teenage pregnancy rate of all industrialized nations.
			(2)Overall, there has been an impressive
			 decline in teen pregnancy and birth rates since the early 1990s. Between 2005
			 and 2006, however, teen pregnancy rates increased for the first time in 14
			 years.
			(3)Seventy percent of teenagers who become
			 pregnant drop out of high school, and teenage fathers tend to complete, on
			 average, one semester of high school fewer than men who delay fatherhood until
			 they are 21 years or older. Fewer economic opportunities are available to these
			 teenage parents.
			(4)Some teenagers drop out of school as a
			 result of subsequent pregnancies. In 2006, subsequent pregnancies accounted for
			 85,000, or almost 20 percent, of all teenage pregnancies.
			(5)Marginalized racial or ethnic minority and
			 immigrant communities generally have less access to the education, support, and
			 services needed for healthy growth and development, and are at high risk for
			 teenage pregnancy.
			(6)The high rate of teenage pregnancy in
			 racial or ethnic minority and immigrant communities can lead to a
			 disproportionate dropout rate in those communities. School systems in many such
			 communities lack the funding and expertise to effectively counter high school
			 teenage pregnancy dropout rates.
			(7)Fifty-two percent of Latina teens and 50
			 percent of African-American teen girls will become pregnant at least once
			 before they are 20 years old. Birth rates among Latina and African-American
			 youth ages 15 through 17 are more than twice the birth rates of Caucasian youth
			 in the same age range.
			(8)The 2005 Youth
			 Risk Behavior Survey contained the surprising finding that sexually active
			 lesbian, gay, and bisexual youth are three times as likely to face an unwanted
			 pregnancy as their heterosexual peers.
			(9)Only 51 percent of all teenage mothers, and
			 38 percent of teenage mothers who have a child before they turn 18, have a high
			 school diploma, compared to 89 percent of all other women.
			(10)Parenthood is a
			 leading cause of school dropout among teenage women. Of all teenage women who
			 have dropped out of high school, 30 percent cited pregnancy or parenthood as a
			 reason they dropped out, including 36 percent of Latina women and 38 percent of
			 African-American women.
			(11)Two-thirds of all
			 teenage births occur among teenagers ages 18 and 19. Birth rates among women of
			 those ages have declined less significantly than among teenage women of other
			 ages. These older teenage parents would benefit from the increased availability
			 of services at institutions of higher education, particularly at community
			 colleges.
			(12)The
			 responsibilities of pregnancy and parenting can interfere with the attainment
			 of a college degree. Sixty-one percent of women who have children after
			 enrolling in community college do not graduate. Women who do not have children
			 after enrollment graduate at a 65 percent higher rate than women who do.
			(13)Comprehensive
			 support through schools, public agencies, and community-based organizations can
			 reduce high school dropout rates and ensure that more pregnant and parenting
			 teenagers complete high school and enroll in institutions of higher
			 education.
			(14)More data on the
			 prevalence of pregnant and parenting teenagers is needed so that Federal
			 assistance reaches the communities in which it is most needed.
			3.Grants for
			 assistance to pregnant and parenting students at elementary and secondary
			 schools
			(a)Establishment of
			 grant programPart H of title
			 I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et
			 seq.) is amended—
				(1)in section 1803
			 (20 U.S.C. 6553)—
					(A)by striking
			 this part and inserting subparts 1 and 2;
					(B)by inserting
			 (a) before the first sentence; and
					(C)by adding at the
			 end the following new subsection:

							(b)For the purpose of carrying out subpart 3,
				there are authorized to be appropriated $75,000,000 for each of fiscal years
				2011 through
				2015.
							;
					(2)in section 1822(a)
			 (20 U.S.C. 6561a(a)), by striking 1803 each place it appears and
			 inserting 1803(a); and
				(3)by adding at the
			 end the following new subpart:

						3Grants for
				Assistance to Pregnant and Parenting Students
							1840.Grants for
				assistance to pregnant and parenting students
								(a)Grant program
				authorizedThe Secretary
				shall establish a program to award grants to local educational agencies to help
				pregnant and parenting students stay in school by expanding their access to
				services, including—
									(1)tutoring;
									(2)pregnancy-related
				healthcare;
									(3)child care;
									(4)transportation;
									(5)after-school
				support;
									(6)academic
				counseling;
									(7)school social work
				services; or
									(8)family planning
				services, including services for subsequent pregnancy prevention.
									(b)PriorityIn
				awarding grants under subsection (a), the Secretary shall give priority to a
				local educational agency that, in the determination of the Secretary—
									(1)is eligible for
				assistance under part A;
									(2)serves a school
				that will have a significant percentage of pregnant and parenting students in
				the period for which the grant is awarded; and
									(3)will expand the
				access of pregnant and parenting students to each service described in
				subsection (a).
									(c)Limitation on
				amount of grantThe amount of
				a grant awarded under subsection (a) shall not exceed $500,000.
								(d)Grant
				conditionsAs a condition of
				receiving a grant under subsection (a), a local educational agency—
									(1)shall agree to enter into partnerships and
				share grant funds, when appropriate, with public agencies or with
				community-based organizations to carry out the purpose for which the grant is
				awarded; and
									(2)shall not use more
				than 10 percent of the amount of the grant for administrative costs.
									(e)Use of
				fundsUses of funds from a grant awarded under subsection (a) may
				include—
									(1)compensating
				teachers and other employees for performing additional services in carrying out
				the purpose of the grant; and
									(2)encouraging
				training practicums for graduate students in social work to carry out the
				purpose of the grant.
									(f)ApplicationTo be eligible to receive a grant under
				subsection (a), a local educational agency shall submit an application to the
				Secretary at such time, in such manner, and containing such information as the
				Secretary may require.
								(g)Reporting
									(1)SubmissionThe
				Secretary shall submit to Congress a report on the program established under
				subsection (a), including the information specified in paragraph (2), on the
				following dates:
										(A)A date that is not
				later than September 30, 2013.
										(B)A date that is not
				later than January 1, 2016.
										(2)ContentsA
				report submitted under paragraph (1) shall include the following information,
				as determined by the Secretary:
										(A)The number and
				graduation rate of pregnant and parenting students who benefit from the
				program, and their rate of enrollment in institutions of higher
				education.
										(B)The effectiveness of the program, in the
				long term, in reducing costs to the Federal government, including the costs of
				providing, to individuals affected by the program, benefits under the Medicaid
				program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.),
				the Supplemental Nutrition Assistance Program established under the Food and
				Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), and Federal foster care
				programs, and other income-tested or need-based
				benefits.
										.
				(b)Clerical
			 amendmentThe table of
			 contents in section 2 of the Elementary and Secondary Education Act of 1965 (20
			 U.S.C. 6301 note) is amended by inserting after the item relating to section
			 1830 the following:

						Subpart 3—Grants for Assistance to
				Pregnant and Parenting Students
						Sec. 1840. Grants for assistance to
				pregnant and parenting
				students.

					.
			4.Grants for
			 assistance to pregnant and parenting students at institutions of higher
			 educationPart A of title IV
			 of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by
			 adding at the end the following new subpart:

				11Grants for
				Assistance to Pregnant and Parenting Students
					420S.Grants for
				assistance to pregnant and parenting students
						(a)Grant program
				authorizedThe Secretary
				shall establish a program to award grants to institutions of higher education
				to help pregnant and parenting students stay in school by expanding their
				access to services, including—
							(1)tutoring;
							(2)pregnancy-related
				healthcare;
							(3)child care;
							(4)transportation;
							(5)after-school
				support;
							(6)academic
				counseling;
							(7)school social work
				services; or
							(8)family planning
				services, including services for subsequent pregnancy prevention.
							(b)PriorityIn
				awarding grants under subsection (a), the Secretary shall give priority to an
				institution of higher education that, in the determination of the
				Secretary—
							(1)will have a
				significant percentage of pregnant and parenting students in the period for
				which the grant is awarded; and
							(2)will expand the
				access of pregnant and parenting students to each service described in
				subsection (a).
							(c)Limitation on
				amount of grantThe amount of
				a grant awarded under subsection (a) shall not exceed $500,000.
						(d)Grant
				conditionsAs a condition of
				receiving a grant under subsection (a), an institution of higher
				education—
							(1)shall agree to enter into partnerships and
				share grant funds, when appropriate, with public agencies or with
				community-based organizations to carry out the purpose for which the grant is
				awarded; and
							(2)may use no more
				than 10 percent of the amount of the grant for administrative costs.
							(e)Use of
				fundsUses of funds from a grant awarded under subsection (a) may
				include—
							(1)compensating
				teachers and other employees for performing additional services in carrying out
				the purpose of the grant; and
							(2)encouraging
				training practicums for graduate students in social work to carry out the
				purpose of the grant.
							(f)ApplicationTo be eligible to receive a grant under
				subsection (a), an institution of higher education shall submit an application
				to the Secretary at such time, in such manner, and containing such information
				as the Secretary may require.
						(g)Reporting
							(1)SubmissionThe
				Secretary shall submit to Congress a report on the program established under
				subsection (a), including the information specified in paragraph (2), on the
				following dates:
								(A)A date that is not
				later than September 30, 2013.
								(B)A date that is not
				later than January 1, 2016.
								(2)ContentsA
				report submitted under paragraph (1) shall include the following information,
				as determined by the Secretary:
								(A)The number and
				graduation rate of pregnant and parenting students who benefit from the
				program.
								(B)The effectiveness of the program, in the
				long term, in reducing costs to the Federal government, including the costs of
				providing, to individuals affected by the program, benefits under the Medicaid
				program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.),
				the Supplemental Nutrition Assistance Program established under the Food and
				Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), and Federal foster care
				programs, and other income-tested or need-based benefits.
								(h)Authorization of
				appropriationsThere are authorized to be appropriated to carry
				out this section $75,000,000 for each of fiscal years 2011 through
				2015.
						.


115 S2484 IS: Stronger Safety Net Act
U.S. Senate
2018-03-01
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.

II115th CONGRESS2d SessionS. 2484IN THE SENATE OF THE UNITED STATESMarch 1, 2018Mrs. Murray introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo enhance Social Security benefits for children, divorced spouses, and widows and widowers, and
			 for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Stronger Safety Net Act, or the SSN Act.
 (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Improving benefits for divorced spouses, widows, widowers, and surviving divorced spouses.Sec. 3. Extended benefit eligibility for children who are full-time students.Sec. 4. Establishment of payroll surtax for high-income individuals.Sec. 5. Inclusion of surplus earnings in social security benefit formula. 2.Improving benefits for divorced spouses, widows, widowers, and surviving divorced spouses (a)Expansion of benefits for divorced spouses (1)Wife's insurance benefitsSection 202(b) of the Social Security Act (42 U.S.C. 402(b)) is amended—
 (A)in paragraph (1)(G), by striking 10 years and inserting 5 years; and (B)by amending paragraph (2) to read as follows:

 (2)(A)Except as provided in subsections (k)(5) and (q), a wife's insurance benefit for each month shall be equal to—
 (i)in the case of a wife (as defined in section 216(b)), one-half of the primary insurance amount of her husband for such month; or
 (ii)in the case of a divorced wife (as defined in section 216(d)), the applicable percentage (as determined under subparagraph (B)) of one-half of the primary insurance amount of her former husband for such month.
 (B)For purposes of subparagraph (A)(ii), the applicable percentage shall be equal to 100 percent reduced by 10 percentage points for each year in the period immediately before the date the divorce became effective in which the divorced wife was married to her former husband that is less than 10 years..
 (2)Husband's insurance benefitsSection 202(c) of the Social Security Act (42 U.S.C. 402(c)) is amended— (A)in paragraph (1)(G), by striking 10 years and inserting 5 years; and
 (B)by amending paragraph (2) to read as follows:  (2)(A)Except as provided in subsections (k)(5) and (q), a husband's insurance benefit for each month shall be equal to—
 (i)in the case of a husband (as defined in section 216(f)), one-half of the primary insurance amount of his wife for such month; or
 (ii)in the case of a divorced husband (as defined in section 216(d)), the applicable percentage (as determined under subparagraph (B)) of one-half of the primary insurance amount of his former wife for such month.
 (B)For purposes of subparagraph (A)(ii), the applicable percentage shall be equal to 100 percent reduced by 10 percentage points for each year in the period immediately before the date the divorce became effective in which the divorced husband was married to his former wife that is less than 10 years..
					(b)Improving social security benefits for widows and widowers in two-Income households
 (1)WidowsSection 202(e) of the Social Security Act (42 U.S.C. 402(e)) is amended—
 (A)in paragraph (1)—
 (i)in subparagraph (B), by inserting and at the end;
 (ii)in subparagraph (C)(iii), by striking and at the end;
 (iii)by striking subparagraph (D);
 (iv)by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and
 (v)in the flush matter following subparagraph (E)(ii), as so redesignated, by striking becomes entitled to an old-age insurance benefit and all that follows through such deceased individual,;
 (B)by striking subparagraph (A) in paragraph (2) and inserting the following:  (2)(A)Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widow's insurance benefit for each month shall be equal to the greater of—
 (i)subject to paragraph (9), the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual; or
 (ii)subject to paragraphs (9) and (10), in the case of a fully insured widow or surviving divorced wife, 75 percent of the sum of any old-age or disability insurance benefit for which the widow or the surviving divorced wife is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual.;
 (C)in paragraph (5)—
 (i)in subparagraph (A), by striking paragraph (1)(F) and inserting paragraph (1)(E); and
 (ii)in subparagraph (B), by striking paragraph (1)(F)(i) and inserting paragraph (1)(E)(i); and
 (D)by adding at the end the following new paragraphs:  (9)For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced wife, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(b)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)).
 (10)For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual—
 (A)who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits); and
 (B)to whom wages and self-employment income were credited in each of such hypothetical individual’s elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year..
 (2)WidowersSection 202(f) of the Social Security Act (42 U.S.C. 402(f)) is amended—
 (A)in paragraph (1)—
 (i)in subparagraph (B), by inserting and at the end;
 (ii)in subparagraph (C)(iii), by striking and at the end;
 (iii)by striking subparagraph (D);
 (iv)by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and
 (v)in the flush matter following subparagraph (E)(ii), as so redesignated, by striking becomes entitled to an old-age insurance benefit and all that follows through such deceased individual,;
 (B)by striking subparagraph (A) in paragraph (2) and inserting the following:  (2)(A)Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widower's insurance benefit for each month shall be equal to the greater of—
 (i)subject to paragraph (9), the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual; or
 (ii)subject to paragraphs (9) and (10), in the case of a fully insured widower or surviving divorced husband, 75 percent of the sum of any old-age or disability insurance benefit for which the widower or the surviving divorced husband is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual.;
 (C)in paragraph (5)—
 (i)in subparagraph (A), by striking paragraph (1)(F) and inserting paragraph (1)(E); and
 (ii)in subparagraph (B), by striking paragraph (1)(F)(i) and inserting paragraph (1)(E)(i); and
 (D)by adding at the end the following new paragraphs:  (9)For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced husband, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(c)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)).
 (10)For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual—
 (A)who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits); and
 (B)to whom wages and self-employment income were credited in each of such hypothetical individual’s elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year..
 (3)Reduction of benefit for individuals entitled to simultaneous benefitsSection 202(k)(3) of the Social Security Act (42 U.S.C. 402(k)(3)) is amended— (A)in subparagraph (A), by striking If an individual and inserting Except as provided in subparagraph (C), if an individual; and
 (B)by adding at the end the following new subparagraph:  (C)If an individual is entitled for any month to a widow's or widower's insurance benefit and is also entitled to an old-age or disability insurance benefit for such month that is greater than such widow's or widower's insurance benefit, the reduction described in subparagraph (A), with respect to such widow's or widower's insurance benefit, shall be carried out by substituting an amount equal to the primary insurance amount of the deceased individual referred to in subsection (e)(1) or (f)(1) (as determined for purposes of subsection (e)(2)(A)(i) or (f)(2)(A)(i)) for the amount equal to the old-age or disability insurance benefit of the individual entitled to the widow's or widower's insurance benefit..
 (c)Conforming amendmentsSection 216(d) of the Social Security Act (42 U.S.C. 416(d)) is amended— (1)in paragraph (1), by striking 10 years and inserting 5 years;
 (2)in paragraph (2), by striking 10 years and inserting 5 years; (3)in paragraph (4), by striking 10 years and inserting 5 years; and
 (4)in paragraph (5), by striking 10 years and inserting 5 years. (d)Effective dateThe amendments made by this section shall apply with respect to wife’s insurance benefits, husband’s insurance benefits, widow's insurance benefits, and widower's insurance benefits that are payable for months beginning after December 31, 2018.
			3.Extended benefit eligibility for children who are full-time students
			(a)In general
 (1)Extension of benefitsSection 202(d) of the Social Security Act (42 U.S.C. 402(d)) is amended— (A)in paragraphs (1)(B), (1)(E), (1)(F)(i), (1)(G)(ii), (6)(A), (6)(D), (6)(E)(i), (7)(A), (7)(B), and (7)(D), by striking full-time elementary or secondary school student each place it appears and inserting full-time student;
 (B)in paragraphs (1)(B), (1)(F)(ii), (1)(G)(iii), (6)(A), (6)(D), (6)(E)(ii), and (7)(D), by striking 19 each place it appears and inserting 23; (C)in subparagraphs (A), (B), and (D) of paragraph (7), by striking elementary or secondary school each place it appears and inserting educational institution;
 (D)in paragraph (7)(A), by striking schools involved and inserting institutions involved;
 (E)in paragraph (7), by amending subparagraph (C) to read as follows:

 (C)For purposes of this subsection, the term educational institution means—
 (i)a school which provides elementary or secondary education as determined under the law of the State or other jurisdiction in which it is located; and
 (ii)an institution described in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).;
				and
 (F)in paragraph (7)(D), by striking diploma or equivalent certificate from a secondary school (as defined in subparagraph (C)(i)) and inserting diploma, degree, or equivalent certificate from an institution described in subparagraph (C)(ii).
 (2)Effective dateThe amendments made by this subsection shall apply to child's insurance benefits that are payable for months beginning after December 31, 2018.
 (b)Temporary exclusion from determination of maximum family benefitsSection 203(a) of the Social Security Act (42 U.S.C. 403(a)) is amended— (1)in paragraph (3)—
 (A)by redesignating subparagraph (D) as subparagraph (E); and (B)by inserting after subparagraph (C) the following new subparagraph:

 (D)During the period that begins on January 1, 2019, and ends on December 31, 2023, when any of such individuals has attained age 19 and is entitled to monthly benefits as a child who is a full-time student under section 202(d)(1)(B)(i) for any month, the benefit to which he or she is entitled on the basis of the wages and self-employment income of such insured individual for such month shall be determined without regard to this subsection, and the benefits of all other individuals who are entitled for such month to monthly benefits under section 202 on the wages and self-employment income of such insured individual shall be determined as if no such child were entitled to benefits for such month.; and
 (2)in paragraph (6), by inserting (3)(E), after (3)(D),. (c)Railroad Retirement Act (1)Section 2(d) of the Railroad Retirement Act of 1974 (45 U.S.C. 232(2)(d)) is amended—
 (A)in clause (iii) of paragraph (1), by striking will be less than nineteen years of age and a full-time elementary or secondary school student and inserting will be less than 23 years of age and a full-time student at an educational institution (as defined in section 202(d)(7) of the Social Security Act); and
 (B)in paragraph (4)— (i)by striking elementary or secondary school each place it appears and inserting educational institution;
 (ii)by striking nineteen and inserting 23; and (iii)by striking a diploma or equivalent certificate from a secondary school (as defined in section 202(d)(7)(c)(i) of the Social Security Act) and inserting a diploma, degree, or equivalent certificate from an institution described in section 202(d)(7)(C)(ii) of the Social Security Act.
 (2)Section 5(c)(7) of the Railroad Retirement Act of 1974 (45 U.S.C. 235(c)(7)) is amended— (A)by striking elementary or secondary school and inserting educational institution; and
 (B)by striking 19 and inserting 23. 4.Establishment of payroll surtax for high-income individuals (a)Self-Employment income surtaxSection 1401 of the Internal Revenue Code of 1986 is amended—
 (1)by redesignating subsection (c) as subsection (d); and (2)by inserting after subsection (b) the following new subsection:

						(c)Additional tax for old-Age, survivors, and disability insurance
 (1)In generalIn addition to the taxes imposed by the preceding subsections, there is hereby imposed on every individual for each taxable year beginning after December 31, 2018, a tax equal to 4 percent of additional self-employment income for such taxable year.
 (2)Additional self-employment incomeFor purposes of paragraph (1), the term additional self-employment income means, for any taxable year, the amount (not less than zero) equal to the excess of— (A)the sum of self-employment income (determined without regard to section 1402(b)(1)) for the taxable year and wages (as defined in section 3121(a), determined without regard to paragraph (1) thereof) paid to such individual during such taxable year, over
 (B)the sum of the additional wages (as defined in section 3101(c)(2)) paid to such individual for the taxable year and the amount determined under paragraph (3) for the taxable year.
								Rules similar to the rules of subparagraph (A) of the second sentence of section 1402(b) shall
 apply for purposes of determining wages under clause (i).(3)Exemption amountThe amount determined under this paragraph is an amount equal to— (A)in the case of a taxable year beginning after December 31, 2018, and before January 1, 2020, $400,000, and
 (B)in the case of any taxable year beginning after December 31, 2019, the product of— (i)$400,000, and
 (ii)the quotient obtained by dividing— (I)the national average wage index (as defined in section 209(k)(1)) for the calendar year which is 2 years before the calendar year in which the taxable year begins, by
 (II)the national average wage index for calendar year 2017.. (b)Employee wage surtaxSection 3101 of the Internal Revenue Code of 1986 is amended—
 (1)by redesignating subsection (c) as subsection (d); and (2)by inserting after subsection (b) the following new subsection:

						(c)Additional tax for old-Age, survivors, and disability insurance
 (1)In generalIn addition to the taxes imposed by the preceding subsections, there is hereby imposed on the income of every individual a tax equal to 2 percent of additional wages (as defined in paragraph (2)) which are received with respect to employment during any calendar year beginning after December 31, 2018.
 (2)Additional wagesFor purposes of paragraph (1), the term additional wages has the same meaning given the term wages under section 3121(a) (determined without regard to paragraph (1) thereof), except that such term shall not include that amount of remuneration that is less than—
 (A)for calendar year 2019, $400,000, and (B)for any calendar year after 2019, the product of—
 (i)$400,000, and (ii)the quotient obtained by dividing—
 (I)the national average wage index (as defined in section 209(k)(1)) for the second preceding calendar year, by
 (II)the national average wage index for calendar year 2017.. (c)Employer wage surtaxSection 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

					(f)Additional tax for old-Age, survivors, and disability insurance
 (1)In generalIn addition to the taxes imposed by subsections (a) and (b), there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 2 percent of additional wages (as defined in paragraph (2)) paid by the employer with respect to employment during any calendar year beginning after December 31, 2018.
 (2)Additional wagesFor purposes of paragraph (1), the term additional wages has the same meaning given such term under section 3101(c).. (d)Railroad Retirement Tax Act (1)Railroad employeesSection 3201 of the Internal Revenue Code of 1986 is amended—
 (A)by redesignating subsection (c) as subsection (d); and (B)by inserting after subsection (b) the following new subsection:

							(c)Additional tier 1 tax
 (1)In generalIn addition to the taxes imposed by the preceding subsections, there is hereby imposed on the income of each employee a tax equal to 2 percent of additional compensation (as defined in paragraph (2)) received by such employee during any calendar year beginning after December 31, 2018, for services rendered by such employee.
 (2)Additional compensationFor purposes of paragraph (1), the term additional compensation has the same meaning given the term compensation under section 3231(e) (determined without regard to paragraph (2) thereof), except that such term shall not include that amount of remuneration that is less than—
 (A)for calendar year 2019, $400,000, and (B)for any calendar year after 2019, the product of—
 (i)$400,000, and (ii)the quotient obtained by dividing—
 (I)the national average wage index (as defined in section 209(k)(1)) for the second preceding calendar year, by
 (II)the national average wage index for calendar year 2017.. (2)Railroad employee representativesSection 3211 of the Internal Revenue Code of 1986 is amended—
 (A)by redesignating subsection (c) as subsection (d); and (B)by inserting after subsection (b) the following new subsection:

 (c)Additional tier 1 taxIn addition to the taxes imposed by the preceding subsections, there is hereby imposed on the income of each employee representative a tax equal to 4 percent of additional compensation (as defined under section 3201(c)) received by such employee representative during any calendar year beginning after December 31, 2018, for services rendered by such employee representative..
 (3)Railroad employersSection 3221 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

 (e)Additional tier 1 taxIn addition to the taxes imposed by subsections (a) and (b), there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 2 percent of additional compensation (as defined under section 3201(c)) paid by such employer during any calendar year beginning after December 31, 2018, for services rendered to such employer..
 (4)Social Security Equivalent Benefit AccountSection 15A(b)(1)(A) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n–1(b)(1)(A)) is amended by striking sections 3201(a), 3211(a)(1), and 3221(a) of the Railroad Retirement Tax Act and inserting subsections (a) and (c) of section 3201, subsections (a) and (c) of section 3211, and subsections (a) and (e) of section 3221 of the Internal Revenue Code of 1986.
				(e)Amendments to the Social Security Act
 (1)Transfer of amounts to Federal Old-Age and Survivors Insurance Trust FundSection 201 of the Social Security Act (42 U.S.C. 401) is amended— (A)in subsection (b)(3)—
 (i)by inserting and additional wages (as defined in section 1402(c) of such Code) after section 3121 of such Code); (ii)by inserting and additional wages after such wages;
 (iii)by inserting and additional wages after which wages; and (iv)by inserting and additional wages after records of wages;
 (B)in subsection (b)(4)— (i)by inserting and additional self-employment income (as defined in section 3101(c) of such Code) after section 1402 of such Code);
 (ii)by inserting and additional self-employment income after such self-employment income; (iii)by inserting and additional self-employment income after which self-employment income; and
 (iv)by inserting and additional self-employment income after records of self-employment income; (C)in subsection (c)(1)(R)—
 (i)by inserting and additional wages (as so defined) after wages (as so defined); (ii)by inserting and additional wages after which wages; and
 (iii)by inserting and additional wages after records of wages; and (D)in subsection (c)(2)(R)—
 (i)by inserting and additional self-employment income (as so defined) after self-employment income (as so defined); (ii)by inserting and additional self-employment income after which self-employment income; and
 (iii)by inserting and additional self-employment income after records of self-employment income. (2)Definition of additional wagesSection 209 of the Social Security Act (42 U.S.C. 409) is amended by adding at the end the following new subsection:
 (l)Additional wagesFor purposes of this title, the term additional wages has the same meaning given the term wages (determined without regard to subsection (a)(1)), except that such term shall not include that amount of remuneration that is less than—
 (1)for calendar year 2019, $400,000, and (2)for any calendar year after 2019, the product of—
 (A)$400,000, and (B)the quotient obtained by dividing—
 (i)the national average wage index (as defined in section 209(k)(1)) for the second preceding calendar year, by
 (ii)the national average wage index for calendar year 2017.. (3)Definition of additional self-employment incomeSection 211 of the Social Security Act (42 U.S.C. 411) is amended by adding at the end the following new subsection:
 (m)Additional Self-Employment Income(1)For purposes of this title, the term additional self-employment income means, for any taxable year, the amount equal to the excess (if any) of— (A)the sum of self-employment income (determined without regard to subsection (b)(1)) for the taxable year and wages (as defined in section 209(a), determined without regard to paragraph (1) thereof) paid to such individual during such taxable year, over
 (B)the sum of the additional wages paid to such individual for the taxable year and the amount determined under paragraph (2) for the taxable year.
 (2)The amount determined under this paragraph is an amount equal to— (A)in the case of a taxable year beginning after December 31, 2018, and before January 1, 2020, $400,000, and
 (B)in the case of any taxable year beginning after December 31, 2019, the product of— (i)$400,000, and
 (ii)the quotient obtained by dividing— (I)the national average wage index (as defined in section 209(k)(1)) for the calendar year which is 2 years before the calendar year in which the taxable year begins, by
 (II)the national average wage index for calendar year 2017.. 5.Inclusion of surplus earnings in social security benefit formula (a)Inclusion of surplus average indexed monthly earnings in determination of primary insurance amountsSection 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended—
 (1)in clauses (i), (ii), and (iii), by inserting basic before average indexed monthly earnings each place it appears;
 (2)in clause (ii), by striking and at the end;
 (3)in clause (iii), by inserting and at the end; and (4)by inserting after clause (iii) the following new clause:

 (iv)2 percent of the individual’s surplus average indexed monthly earnings,.
				(b)Basic AIME and
			 surplus AIME
				(1)Basic
 AIMESection 215(b)(1) of such Act (42 U.S.C. 415(b)(1)) is amended—
 (A)in the matter preceding subparagraph (A), by inserting basic before average; and
 (B)in subparagraph (A), by striking paragraph (3) and inserting paragraph (3)(A) and by inserting before the comma the following: to the extent such total does not exceed the contribution and benefit base for the applicable year.
					(2)Surplus
			 AIME
					(A)In
 generalSection 215(b)(1) of such Act (as amended by paragraph (1)) is amended—
 (i)by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
 (ii)by inserting (A) after (b)(1); and
 (iii)by adding at the end the following new subparagraph:

 (B)(i)An individual’s surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing—
 (I)the total (after adjustment under paragraph (3)(B)) of such individual’s surplus earnings (determined under clause (ii)) for such individual’s benefit computation years (determined under paragraph (2)), by
 (II)the number of months in those years.
 (ii)For purposes of clause (i) and paragraph (3)(B), an individual’s surplus earnings for a benefit computation year are the total of such individual’s additional wages (as defined in section 209(l)) paid in and additional self-employment income (as defined in section 209(m)) credited to such benefit computation year, to the extent such total does not exceed the amount determined for such year under clause (iii).
 (iii)For purposes of clause (ii), the amount determined under this clause is— (I)in the case of a benefit computation year beginning after December 31, 2018, and before January 1, 2020, $500,000; and
 (II)in the case of any benefit computation year beginning after December 31, 2019, the product of $500,000 and the quotient obtained by dividing—
 (aa)the national average wage index (as defined in section 209(k)(1)) for the calendar year which is 2 years before the calendar year in which the benefit computation year begins, by
 (bb)the national average wage index for calendar year 2017.. (B)Conforming amendmentThe heading for section 215(b) of such Act is amended by striking Average Indexed Monthly Earnings and inserting Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings.
					(3)Adjustment of
 surplus earnings for purposes of determining surplus AIMESection 215(b)(3) of such Act (42 U.S.C. 415(b)(3)) is amended—
 (A)in subparagraph (A), by striking subparagraph (B) and inserting subparagraph (C) and by inserting and determination of basic average indexed monthly income after paragraph (2);
 (B)by redesignating subparagraph (B) as subparagraph (C); and
 (C)by inserting after subparagraph (A) the following new subparagraph:

 (B)For purposes of determining under paragraph (1)(B) an individual’s surplus average indexed monthly earnings, the individual’s surplus earnings (described in paragraph (1)(B)(ii)) for a benefit computation year shall be deemed to be equal to the product of—
 (i)the individual’s surplus earnings for such year (as determined without regard to this subparagraph), and
 (ii)the quotient described in subparagraph (A)(ii)..
 (c)Railroad Retirement ActSection 1(h)(5) of the Railroad Retirement Act of 1974 (45 U.S.C. 231(h)(5)) is amended— (1)by striking and at the end of clause (ii);
 (2)by striking the period at the end of clause (iii) and inserting ; and; and (3)by adding at the end the following new clause:

 (iv)for each such calendar month after 2018, the amount which is creditable as such individual's additional wages under section 209(l) of the Social Security Act.. (d)Effective dateThe amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act (42 U.S.C. 415(a)(3)(B))) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2018.


116 HR 8801 IH: Air America Act of 2020
U.S. House of Representatives
2020-11-20
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. 8801IN THE HOUSE OF REPRESENTATIVESNovember 20, 2020Mr. Grothman (for himself, Mrs. Carolyn B. Maloney of New York, Mrs. Demings, Mr. Mast, Mr. Gallego, Mr. Lynch, Mr. Kelly of Mississippi, Ms. Norton, Mr. Stewart, Ms. Brownley of California, Mr. Bilirakis, Mr. Byrne, and Mr. Waltz) introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo provide redress to the employees of Air America.1.Short titleThis Act may be cited as the Air America Act of 2020. 2.Air America(a)FindingsCongress finds the following:(1)Air America, Incorporated (referred to in this section as Air America) and its related cover corporate entities were wholly owned and controlled by the United States Government and directed and managed by the Department of Defense, the Department of State, and the Central Intelligence Agency from 1950 to 1976.(2)Air America, a corporation owned by the Government of the United States, constituted a Government corporation, as defined in section 103 of title 5, United States Code.(3)It is established that the employees of Air America and the other entities described in paragraph (1) were Federal employees.(4)The employees of Air America were retroactively excluded from the definition of the term employee under section 2105 of title 5, United States Code, on the basis of an administrative policy change in paperwork requirements implemented by the Office of Personnel Management 10 years after the service of the employees had ended and, by extension, were retroactively excluded from the definition of the term employee under section 8331 of title 5, United States Code, for retirement credit purposes.(5)The employees of Air America were paid as Federal employees, with salaries subject to—(A)the General Schedule under subchapter III of chapter 53 of title 5, United States Code; and(B)the rates of basic pay payable to members of the Armed Forces.(6)The service and sacrifice of the employees of Air America included—(A)suffering a high rate of casualties in the course of employment;(B)saving thousands of lives in search and rescue missions for downed United States airmen and allied refugee evacuations; and(C)lengthy periods of service in challenging circumstances abroad.(b)DefinitionsIn this section—(1)the term affiliated company, with respect to Air America, includes Air Asia Company Limited, CAT Incorporated, Civil Air Transport Company Limited, and the Pacific Division of Southern Air Transport; and(2)the term qualifying service means service that—(A)was performed by a United States citizen as an employee of Air America or an affiliated company during the period beginning on January 1, 1950, and ending on December 31, 1976; and(B)is documented in the attorney-certified corporate records of Air America or any affiliated company.(c)Treatment as Federal EmploymentAny period of qualifying service—(1)is deemed to have been service of an employee (as defined in section 2105 of title 5, United States Code) with the Federal Government; and(2)shall be treated as creditable service by an employee for purposes of subchapter III of chapter 83 of title 5, United States Code.(d)RightsAn individual who performed qualifying service, or a survivor of such an individual, shall be entitled to the rights, retroactive as applicable, provided to employees and their survivors for creditable service under the Civil Service Retirement System under subchapter III of chapter 83 of title 5, United States Code, with respect to that qualifying service.(e)Deduction, Contribution, and Deposit RequirementsThe deposit of funds in the Treasury of the United States made by Air America in the form of a lump-sum payment apportioned in part to the Civil Service Disability and Retirement Fund in 1976 is deemed to satisfy the deduction, contribution, and deposit requirements under section 8334 of title 5, United States Code, with respect to all periods of qualifying service.(f)Application Time LimitSection 8345(i)(2) of title 5, United States Code, shall be applied with respect to the death of an individual who performed qualifying service by substituting 2 years after the effective date under section 2(g) of the Air America Act of 2020 for 30 years after the death or other event which gives rise to title to the benefit.(g)Effective DateThis section shall take effect on the date that is 30 days after the date of enactment of this Act.


113 S834 IS: Improving Access to Child Care for Homeless Families Act of 2013
U.S. Senate
2013-04-25
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. 834
		IN THE SENATE OF THE UNITED STATES

			April 25, 2013
			Mrs. Murray (for herself
			 and Mr. Franken) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Child Care and Development Block Grant Act
		  of 1990 to ensure access to high-quality child care for homeless children and
		  families, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Improving Access to Child Care for
			 Homeless Families Act of 2013.
		2.Findings; sense
			 of Congress
			(a)FindingsCongress
			 makes the following findings:
				(1)Homelessness
			 among children and youth in public schools has increased by 57 percent during
			 the period since 2006.
				(2)Among homeless
			 children living in shelters supported by the Department of Housing and Urban
			 Development, 50 percent are under 5 years old.
				(3)A 2010 study by
			 the Eunice Kennedy Shriver National Institute of Child Health and Human
			 Development found that children who had received high-quality care in the first
			 few years of life scored higher on measures of academic and cognitive
			 achievement when the children were 19 years old, and were less likely to
			 misbehave, than children who had been enrolled in low-quality care in those
			 years.
				(4)Homelessness has
			 a negative impact on child development that surpasses the harmful impacts of
			 poverty. A Head Start demonstration project serving homeless families indicated
			 that the homeless children served had more instances of developmental delay,
			 learning disabilities, and physical or mental health problems, compared with
			 their low-income peers in stable housing.
				(5)For homeless
			 families, residential instability, high mobility, documentation requirements,
			 and lack of transportation are significant obstacles to accessing and retaining
			 child care services.
				(6)According to a
			 study by the Institute for Children, Poverty, and Homelessness, homeless
			 families are less likely to receive government financial assistance for child
			 care than families that are not homeless.
				(7)Without child
			 care, homeless parents of young children struggle to search for employment,
			 maintain employment, and enter job training programs.
				(8)Many parents who
			 are domestic violence survivors who flee their homes try to find employment,
			 but the parents are often limited by a lack of child care. In a survey of
			 nearly 1,500 domestic violence survivors in domestic violence shelters, 29
			 percent indicated that they needed help with child care.
				(9)In school year
			 2006–2007 there were 22,650 homeless families served by Head Start programs,
			 and in school year 2011–2012 there were 49,164 homeless families served by Head
			 Start programs. The number of homeless families being served by Head Start
			 programs has more than doubled in the past 5 years
				(b)Sense of
			 CongressIt is the sense of Congress that—
				(1)(A)Congress has enacted
			 successful policies to increase homeless children's access to and stability in
			 public elementary and secondary schools and Head Start programs; and
					(B)in order to increase homeless
			 families' access to and continuity in child care, similar policies should be
			 applied to Federal child care programs; and
					(2)such policies
			 will assist homeless parents in maintaining employment and regaining housing,
			 and will provide critical interventions to support that vulnerable population
			 of children.
				3.PurposeThe purpose of this Act is to ensure access
			 to high-quality child care for homeless children and families.
		4.Child care for
			 homeless children
			(a)Lead agency
			 dutiesSection 658D(b)(1)(D) of the Child Care and Development
			 Block Grant Act of 1990 (42 U.S.C. 9858b(b)(1)(D)) is amended by striking
			 Federal, State and local child care and early childhood development
			 programs. and inserting

					Federal, State,
			 and local child care, early childhood development, and social service programs
			 that shall include—(1)Head Start and
				Early Head Start programs under the Head Start Act (42 U.S.C. 9831 et
				seq.);
					(2)programs, and
				services of partners, that serve vulnerable populations, including programs
				serving homeless children and services of local educational agency liaisons for
				homeless children and youths designated under subsection (g)(1)(J)(ii) of
				section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432);
				and
					(3)programs, and
				services of entities receiving grants, to provide to homeless veterans services
				authorized under chapter 20 of title 38, United States Code, consisting of
				housing, employment-related services (such as services under section 2021 or
				2021A of such title), or supportive services (such as services authorized under
				section 2044 of such
				title).
					.
			(b)Plan
			 requirementsSection 658E(c) of the Child Care and Development
			 Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended—
				(1)in paragraph
			 (2)—
					(A)in subparagraph
			 (D), by inserting , Head Start and Early Head Start agencies under the
			 Head Start Act (42 U.S.C. 9831 et seq.), State Coordinators designated under
			 subsection (d)(3), and local educational agency liaisons for homeless children
			 and youths designated under subsection (g)(1)(J)(ii), of section 722 of the
			 McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432), local educational
			 agencies and providers of early intervention services under the Individuals
			 with Disabilities Education Act (20 U.S.C. 1400 et seq.), after
			 children;
					(B)in subparagraph
			 (F)(i), by striking the semicolon and inserting and the establishment of
			 a grace period that allows homeless children to receive services under this
			 subchapter while their families are taking any necessary action to comply with
			 immunization and other health and safety requirements;; and
					(C)in subparagraph
			 (H)—
						(i)by
			 striking and families and inserting families;
			 and
						(ii)by
			 inserting , and families of homeless children before the
			 period;
						(2)in paragraph
			 (3)(B)—
					(A)by inserting
			 activities that improve access to such services (including
			 transportation to child care services, procedures to permit immediate
			 enrollment of homeless children while required documentation is obtained,
			 training and technical assistance on identifying and serving homeless children
			 and their families, and specific outreach to families described in paragraph
			 (2)(H)), after availability of such services,;
			 and
					(B)by inserting
			 , to homeless children, after family size);
			 and
					(3)in paragraph (5),
			 by adding at the end the following: Each sliding fee scale shall be
			 applied using measures to ensure that cost sharing is not a barrier to the
			 enrollment of families of homeless children..
				(c)Access and
			 outreach to families of homeless childrenSection 658G of the
			 Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is
			 amended—
				(1)by inserting
			 (such as resource and referral services) after and
			 activities; and
				(2)by striking
			 (such as resource and referral services). and inserting ,
			 including developing strategies and partnerships to provide transportation to
			 child care services and specific outreach to families described in section
			 658E(c)(2)(H)). after availability of child care.
				(d)ReportsSection
			 658K(a)(1)(B) of the Child Care and Development Block Grant Act of 1990 (42
			 U.S.C. 9858i(a)(1)(B)) is amended—
				(1)in clause (ix),
			 by striking and at the end;
				(2)in clause (x), by
			 adding and at the end; and
				(3)by inserting
			 after clause (x) the following:

						(xi)whether the
				children receiving assistance under this subchapter are homeless
				children;
						.
				5.Pilot
			 program
			(a)RedesignationSection
			 658L of the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
			 9858j) is amended—
				(1)by striking the
			 section heading;
				(2)by inserting
			 (c) Report by
			 Secretary.— before Not later;
				(3)by striking
			 section 658K and inserting this section;
			 and
				(4)by moving
			 subsection (c) (as redesignated by paragraph (2)) to the end of section
			 658K.
				(b)Establishment
			 of programThe Child Care and Development Block Grant Act of 1990
			 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658K (42 U.S.C.
			 9858i), as amended by subsection (a), the following:

					658L.Pilot
				program
						(a)In
				generalThe Secretary shall carry out a pilot program to identify
				and implement best practices for increasing access to and continuity of child
				care for homeless children.
						(b)GrantsIn
				carrying out the pilot program, the Secretary shall award to States not more
				than 5 grants of not more than $5,000,000 per grant. Each grant shall be for a
				period of not more than 3 years, beginning not later than March 31,
				2014.
						(c)ApplicationIn
				order to be eligible to receive a grant under this section, a State shall
				submit an application to the Secretary at such time, in such manner, and
				containing such information as the Secretary shall require.
						(d)Use of
				fundsA State that receives a grant under this section shall use
				the funds made available under the grant—
							(1)to establish a
				pilot project for—
								(A)implementing
				promising practices for increasing access to and continuity of child care for
				homeless children; and
								(B)identifying the
				best practices; and
								(2)to carry out
				subsection (e)(1).
							(e)Assessments and
				reports
							(1)State
				responsibilities
								(A)AssessmentA
				State that receives a grant under this section shall carry out data collection
				for and an assessment of its pilot project described in subsection
				(d)(1).
								(B)Report to the
				SecretaryNot later than 42 months after the first day of the
				grant period for a pilot project described in subsection (d)(1), the State
				carrying out the pilot project shall submit to the Secretary a report
				containing a summary of the results of the assessment described in subparagraph
				(A), including a description of the best practices identified.
								(2)Secretarial
				responsibilitiesNot later than 4 years after the first day of
				the latest grant period for a pilot project, the Secretary shall submit to
				Congress a report containing a summary of the reports received under paragraph
				(1) and a recommendation concerning whether and how to expand the pilot
				projects carried out with best practices.
							(f)Authorization
				of appropriationsThere is authorized to be appropriated to carry
				out this section such sums as may be necessary for each of fiscal years 2014
				through 2016, which shall remain available through fiscal year
				2018.
						.
			6.DefinitionsSection 658P of the Child Care and
			 Development Block Grant Act of 1990 (42 U.S.C. 9858n) is amended—
			(1)in paragraph
			 (4)(C)—
				(A)in clause (i), by
			 striking or at the end;
				(B)in clause (ii),
			 by striking the period and inserting ; or; and
				(C)by adding at the
			 end the following:

						(iii)is a homeless
				child.
						;
				and
				(2)by adding at the
			 end the following:

					(15)Homeless
				childThe term homeless child means a homeless child
				or youth, as defined under section 725 of the McKinney-Vento Homeless
				Assistance Act (42 U.S.C.
				11434a).
					.