		II
		110th CONGRESS
		2d Session
		S. 3392
		IN THE SENATE OF THE UNITED STATES

			July 31, 2008
			Ms. Klobuchar (for
			 herself, Mr. Thune,
			 Mr. Leahy, Mrs.
			 McCaskill, and Mr. Voinovich)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To amend the Homeland Security Act of 2002
		  to establish an appeal and redress process for passengers wrongly delayed or
		  prohibited from boarding a flight, or denied a right, benefit, or privilege,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Fair, Accurate, Secure, and Timely
			 Redress Act of 2008 or the FAST Redress Act of 2008.
		2.Establishment of
			 appeal and redress process for passengers wrongly delayed or prohibited from
			 boarding a flight, or denied a right, benefit, or privilege
			(a)In
			 generalSubtitle H of title VIII of the Homeland Security Act of
			 2002 (6 U.S.C. 451 et
			 seq.) is amended by adding at the end the following:

					890.Appeal and
				redress process for passengers wrongly delayed or prohibited from boarding a
				flight, or denied a right, benefit, or privilege
						(a)EstablishmentNot
				later than 30 days after the date of the enactment of this section, the
				Secretary shall establish a fair and timely process for individuals who believe
				they were delayed or prohibited from boarding a commercial aircraft or denied a
				right, benefit, or privilege because they were wrongly identified as a threat
				when screened against any terrorist watchlist or database used by the
				Transportation Security Administration or any office or component of the
				Department.
						(b)Office of
				Appeals and Redress
							(1)Establishment
								(A)In
				generalThe Secretary shall establish in the Department an Office
				of Appeals and Redress (referred to in this section as the Office)
				to implement, coordinate, and execute the process established by the Secretary
				pursuant to subsection (a).
								(B)RepresentationThe
				Office shall include representatives from the Transportation Security
				Administration and such other offices and components of the Department as the
				Secretary determines appropriate.
								(2)Comprehensive
				Cleared ListThe process established by the Secretary pursuant to
				subsection (a) shall include the establishment of a method by which the Office,
				under the direction of the Secretary, shall maintain and appropriately
				disseminate a comprehensive list, to be known as the Comprehensive
				Cleared List, of individuals who—
								(A)were misidentified
				as an individual on any terrorist watchlist or database;
								(B)completed an
				appeal and redress request approved by the Department and provided such
				additional information as required by the Department to verify the individuals'
				identities; and
								(C)permit the use of
				their personally identifiable information to be shared between multiple
				components of the Department for purposes of this section.
								(3)Use of
				Comprehensive Cleared List
								(A)In
				generalExcept as provided in
				subparagraph (B), the Secretary shall—
									(i)transmit the
				Comprehensive Cleared List and any other information the Secretary determines
				necessary to resolve misidentifications and improve the administration of the
				advanced passenger prescreening system and reduce the number of false
				positives—
										(I)to the
				Transportation Security Administration or any other appropriate office or
				component of the Department;
										(II)other Federal,
				State, local, and tribal entities; and
										(III)domestic air
				carriers and foreign air carriers that use any terrorist watchlist or database;
				and
										(ii)ensure that the
				Comprehensive Cleared List is taken into account by all appropriate offices or
				components of the Department when assessing the security risk of an
				individual.
									(B)Termination
									(i)In
				generalThe transmission of
				the Comprehensive Cleared List to domestic air carriers and foreign air
				carriers under subparagraph (A)(i)(III) shall terminate on the date on which
				the Federal Government assumes terrorist watchlist or database screening
				functions.
									(ii)Written
				notification to CongressNot
				later than 15 days after the date described in clause (i), the Secretary shall
				submit written notification of such termination to—
										(I)the Committee on Commerce, Science, and
				Transportation of the Senate;
										(II)the Committee on Homeland Security and
				Governmental Affairs of the Senate; and
										(III)the Committee on Homeland Security of the
				House of Representatives.
										(4)Intergovernmental
				effortsThe Secretary may—
								(A)enter into
				memoranda of understanding with other Federal, State, local, and tribal
				agencies or entities, as necessary, to improve the appeal and redress process,
				to verify an individual’s identity and personally identifiable information, and
				for other purposes; and
								(B)work with other
				Federal, State, local, and tribal agencies or entities that use any terrorist
				watchlist or database to ensure, to the greatest extent practicable, that the
				Comprehensive Cleared List is considered when assessing the security risk of an
				individual.
								(5)Handling of
				personally identifiable informationThe Secretary, in conjunction
				with the Chief Privacy Officer of the Department, shall—
								(A)require that
				employees of the Department handling personally identifiable information of
				individuals complete mandatory privacy and security training before being
				authorized to handle personally identifiable information of individuals;
								(B)ensure that the
				information maintained under this subsection is secured by encryption,
				including one-way hashing, data anonymization techniques, or such other
				equivalent technical security protections to the extent the Secretary
				determines necessary;
								(C)limit the
				information collected from misidentified passengers or other individuals to the
				minimum amount necessary to resolve an appeal and redress request;
								(D)ensure that the
				information maintained under this subsection is shared or transferred via an
				encrypted data network that has been audited to ensure that the anti-hacking
				and other security related software functions perform properly and are updated
				as necessary;
								(E)ensure that any
				employee of the Department receiving the information maintained under this
				subsection handles such information in accordance with
				section
				552a of title 5, United States Code, subchapter II of chapter
				35 of title 44, United States Code, section 11331 of title 40, United States
				Code, and other applicable laws;
								(F)only retain the
				information maintained under this subsection for as long as needed to assist
				the individual traveler in the appeal and redress process;
								(G)engage in
				cooperative agreements with appropriate Federal agencies and entities, on a
				reimbursable basis, to ensure that legal name changes are properly reflected in
				any terrorist watchlist or database and the Comprehensive Cleared List to
				improve the appeal and redress process and to ensure the most accurate lists of
				identifications possible (except that
				section
				552a of title 5, United States Code, shall not prohibit the
				sharing of legal name changes among Federal agencies and entities for the
				purposes of this section); and
								(H)conduct and
				publish a privacy impact assessment of the appeal and redress process
				established under this section and submit the assessment to—
									(i)the Committee on
				Commerce, Science, and Transportation of the Senate;
									(ii)the Committee on
				Homeland Security and Governmental Affairs of the Senate; and
									(iii)the Committee
				on Homeland Security of the House of Representatives.
									(6)Initiation of
				appeal and redress process at airports
								(A)In
				generalThe Office shall provide written information to air
				carrier passengers at each airport at which the Department has a presence on
				how to begin the appeal and redress process established pursuant to subsection
				(a).
								(B)Airports with
				significant Department presenceThe Office shall ensure that a
				Transportation Security Administration supervisor who is trained in such appeal
				and redress process is available at each airport at which the Department has a
				significant presence to provide support to air carrier passengers in need of
				guidance concerning such process.
								(c)Terrorist
				watchlist or database definedIn this section, the term terrorist
				watchlist or database means any terrorist watchlist or database used by
				the Transportation Security Administration or any office or component of the
				Department or specified in Homeland Security Presidential Directive 6, in
				effect as of the date of the enactment of this
				section.
						.
			(b)Incorporation of
			 secure flightSection 44903(j)(2) of title 49,
			 United States Code, is amended—
				(1)in subparagraph
			 (C)(iii)—
					(A)by redesignating
			 subclauses (II) through (VII) as subclauses (III) through (VIII), respectively;
			 and
					(B)by inserting after
			 subclause (I) the following:

							(II)ensure, not later than 30 days after the
				date of the enactment of the FAST Redress Act of 2008, that the procedure
				established under subclause (I) is incorporated into the appeals and redress
				process established under section 890 of the Homeland Security Act of
				2002;
							;
					(2)in subparagraph
			 (E)(iii), by inserting , in accordance with the appeals and redress
			 process established under section 890(a) of the Homeland Security Act of
			 2002 before the period at the end; and
				(3)in subparagraph
			 (G)—
					(A)in clause (i), by
			 adding at the end the following: The Assistant Secretary shall
			 incorporate the process established pursuant to this clause into the appeals
			 and redress process established under section 890(a) of the Homeland Security
			 Act of 2002.; and
					(B)in clause (ii), by
			 adding at the end the following: The Assistant Secretary shall
			 incorporate the record established and maintained pursuant to this clause into
			 the Comprehensive Cleared List established and maintained under section
			 890(b)(2) of the Homeland Security Act of 2002..
					(c)Report to
			 Congress
				(1)In
			 generalNot later than 240 days after the date of the enactment
			 of this Act, the Secretary of Homeland Security shall submit to the Committee
			 on Commerce, Science, and Transportation of the Senate, the Committee on
			 Homeland Security and Governmental Affairs of the Senate, and the Committee on
			 Homeland Security of the House of Representatives a report on the status of
			 information sharing among users at the Department of Homeland Security of any
			 terrorist watchlist or database.
				(2)ContentsThe
			 report required by paragraph (1) shall include the following
			 information:
					(A)A description of
			 the processes and the status of the implementation of section 890 of the
			 Homeland Security Act of 2002, as added by subsection (a), to share the
			 Comprehensive Cleared List required by section 890(b)(2) of such Act with other
			 offices and components of the Department of Homeland Security and other
			 Federal, State, local, and tribal authorities that utilize any terrorist
			 watchlist or database.
					(B)A description of
			 the extent to which such other offices and components of the Department of
			 Homeland Security are taking into account the Comprehensive Cleared
			 List.
					(C)Data on the
			 number of individuals who have sought and successfully obtained redress through
			 the Office of Appeals and Redress established under section 890(b)(1) of the
			 Homeland Security Act of 2002, as added by subsection (a).
					(D)Data on the number of individuals who have
			 sought and were denied redress through the Office of Appeals and
			 Redress.
					(E)An assessment of
			 what impact information sharing of the Comprehensive Cleared List has had on
			 misidentifications of individuals who have successfully obtained redress
			 through the Office of Appeals and Redress.
					(F)An updated
			 privacy impact assessment.
					(3)Terrorist watchlist or database
			 definedIn this subsection,
			 the term terrorist watchlist or database has the meaning given the
			 term in section 890(c) of the Homeland Security Act of 2002, as added by
			 subsection (a) of this section.
				(d)Conforming
			 amendmentTitle 49, United States Code, is amended by striking
			 section 44926 (and the item relating to such section in the analysis for
			 chapter 449 of title
			 49).
			(e)Clerical
			 amendmentSection 1(b) of the Homeland Security Act of 2002
			 (6 U.S.C.
			 101(b)) is amended by striking the item relating to section 890
			 and inserting the following:

						Sec. 890. Appeal and redress process for
				passengers wrongly delayed or prohibited from boarding a flight, or denied a
				right, benefit, or
				privilege.

					.


		II
		110th CONGRESS
		1st Session
		S. 2323
		IN THE SENATE OF THE UNITED STATES

			November 7, 2007
			Mr. Kerry introduced the
			 following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To provide for the conduct of carbon capture and storage
		  technology research, development, and demonstration projects, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Carbon Capture and Storage
			 Technology Act of 2007.
		2.DefinitionsIn this Act:
			(1)SecretaryThe
			 term Secretary means the Secretary of Energy.
			(2)Task
			 ForceThe term Task Force means the interagency task
			 force established by section 5(a)(1).
			3.Carbon dioxide
			 sequestration commercial demonstration projects
			(a)In
			 generalThe Secretary shall establish a competitive grant program
			 to provide grants or other financial assistance to at least 3, but not more
			 than 5, 8-year commercial demonstration projects to demonstrate the long-term
			 effects of sequestration of carbon dioxide in deep geological formations, of
			 which—
				(1)not less than 2
			 of those projects shall be conducted in deep saline aquifers; and
				(2)the remainder may
			 be conducted in saline aquifers combined with storage in established oil or gas
			 fields.
				(b)Project
			 requirementsA commercial demonstration project provided
			 assistance under subsection (a) shall—
				(1)involve
			 injections of at least 1,000,000 tons of carbon dioxide each year;
				(2)include intensive
			 characterization and monitoring of the site for the commercial demonstration
			 project in order to evaluate—
					(A)the security of
			 the storage of carbon dioxide over the period during which the commercial
			 demonstration project is being carried out;
					(B)any leakage from
			 the site over the period during which the commercial demonstration project is
			 being carried out; and
					(C)the security of
			 the storage of carbon dioxide, including the likelihood of leakage from the
			 site after the project has ceased to operate;
					(3)include
			 development of best practices for injecting, permitting, and managing the
			 storage area;
				(4)require full
			 integration of data from the commercial demonstration project; and
				(5)include an
			 evaluation of the most cost-efficient ways in which to—
					(A)undertake
			 sequestration of carbon dioxide;
					(B)integrate
			 sequestration with the capture and transportation of carbon dioxide;
					(C)effectively
			 monitor and verify the injected carbon dioxide; and
					(D)identify and
			 manage hazards and risks associated with storage.
					(c)ApplicationTo
			 be eligible to receive assistance under subsection (a), an entity shall submit
			 to the Secretary an application at such time, in such manner, and containing
			 such information as the Secretary may require.
			(d)LocationIn
			 providing assistance under this section, the Secretary shall select commercial
			 demonstration projects that are in locations that—
				(1)are geologically
			 and geophysically diverse;
				(2)represent a range
			 of population densities; and
				(3)are in close
			 proximity to—
					(A)utilities and
			 industrial settings; and
					(B)large-scale
			 existing and planned coal-fired generation facilities.
					(e)Cost-sharing
			 requirement
				(1)In
			 generalExcept as provided in paragraph (2), the non-Federal
			 share of the cost of carrying out a commercial demonstration project under
			 subsection (a) shall be not less than 20 nor more than 50 percent, as
			 determined by the Secretary.
				(2)ExceptionThe
			 Secretary may waive the non-Federal share required under paragraph (1) as the
			 Secretary determines to be appropriate.
				(f)Reports to
			 congress
				(1)Initial
			 reportAs soon as practicable, but not later than 8 years, after
			 the date of enactment of this Act, the Secretary shall submit to the
			 appropriate committees of Congress a report that describes the preliminary
			 results of—
					(A)any commercial
			 demonstration projects carried out under this section; and
					(B)the evaluation
			 conducted under subsection (b)(5).
					(2)Final
			 reportAfter any demonstration projects have been operated for a
			 sufficient period of time to gather meaningful data and performance metrics, as
			 determined by the Secretary, but not later than 10 years after the date of
			 enactment of this Act, the Secretary shall submit to the appropriate committees
			 of Congress a final report that includes the information required under
			 paragraph (1).
				(g)Authorization
			 of appropriationsThere is authorized to be appropriated to carry
			 out this section $1,600,000,000 for the period of fiscal years 2008 through
			 2015.
			4.Carbon dioxide
			 capture demonstration projects
			(a)In
			 generalThe Secretary shall establish a competitive grant program
			 under which the Secretary shall provide grants to at least 3, but not more than
			 5, commercial demonstration projects for the capture of carbon emissions from
			 coal-fired power plants.
			(b)Project
			 requirements
				(1)In
			 generalA commercial
			 demonstration project provided assistance under this section shall involve a
			 coal-fired power plant with a nameplate capacity of at least 250, but not more
			 than 500, megawatts.
				(2)PriorityThe
			 Secretary shall give priority to integrated proposed commercial demonstration
			 projects that would combine the capture of carbon dioxide with sequestration in
			 deep geological formations.
				(c)ApplicationTo
			 be eligible to receive assistance under subsection (a), an entity shall submit
			 to the Secretary an application at such time, in such manner, and containing
			 such information as the Secretary may require.
			(d)Cost-sharing
			 requirement
				(1)In
			 generalExcept as provided in paragraph (2), the non-Federal
			 share of the cost of carrying out a commercial demonstration project under
			 subsection (a) shall be not less than 50 percent.
				(2)ExceptionThe
			 Secretary may waive the non-Federal share required under paragraph (1) if the
			 Secretary determines that—
					(A)the technology
			 that is the subject of the commercial demonstration project is critical and the
			 technology risk is relatively high; and
					(B)there are
			 insufficient resources to provide the non-Federal share.
					(e)Authorization
			 of appropriationsThere is authorized to be appropriated to carry
			 out this section $2,400,000,000 for the period of fiscal years 2008 through
			 2015.
			5.Carbon capture
			 and storage regulations
			(a)Interagency
			 task force
				(1)In
			 generalThere is established an interagency task force to develop
			 regulations providing guidelines and practices for the capture and storage of
			 carbon dioxide.
				(2)MembershipThe
			 Task Force shall be composed of—
					(A)the
			 Secretary;
					(B)the Administrator
			 of the Environmental Protection Agency; and
					(C)the Secretary of
			 the Interior (acting through the Director of the United States Geological
			 Survey).
					(3)ChairpersonThe
			 Administrator of the Environmental Protection Agency shall be the chairperson
			 of the Task Force.
				(4)ConsultationIn
			 developing regulations under this section, the Task Force shall consult
			 with—
					(A)industry
			 experts;
					(B)legal experts;
			 and
					(C)technical
			 experts.
					(5)RequirementsThe
			 regulations developed by the Task Force shall—
					(A)take into account
			 existing underground injection control program requirements of the
			 Environmental Protection Agency;
					(B)address the
			 certification and closure of carbon dioxide capture and storage sites;
					(C)address the
			 potential appropriate transfer of liability to governmental entities;
					(D)provide
			 mechanisms to ensure, monitor, and verify the safe transportation and storage
			 of carbon dioxide;
					(E)provide estimate
			 of the costs of carrying out the regulations; and
					(F)take into account
			 the outcomes of demonstration projects.
					(6)Proposed
			 regulationsNot later than 3 years after the date of enactment of
			 this Act, the Task Force shall submit to the appropriate committees of Congress
			 the proposed regulations developed by the Task Force.
				(b)PromulgationNot
			 later than 18 months after the date on which the proposed regulations are
			 submitted under subsection (a)(6), the Administrator of the Environmental
			 Protection Agency shall promulgate the regulations.
			(c)UpdateNot
			 later than 3 years after the date of promulgation of the regulations under
			 subsection (b), the Administrator of the Environmental Protection Agency shall
			 update the regulations as necessary to take into account the results of
			 demonstration projects carried out under sections 3 and 4.
			(d)EnforcementThe
			 Administrator of the Environmental Protection Agency shall be responsible for
			 enforcement of, and inspections relating to, the regulations promulgated under
			 subsections (b) and (c).
			6.Carbon dioxide
			 capture and storage research and development
			(a)Carbon dioxide
			 capture technologiesThe Director of the Office of Science, in
			 consultation with the Assistant Secretary for Fossil Energy, shall carry out a
			 program for the research and development of potential technologies and
			 approaches for the capture of carbon dioxide, including the capture of carbon
			 dioxide—
				(1)through coal
			 gasification and related capture technologies;
				(2)in air-blown
			 pulverized coal combustion facilities;
				(3)in oxy-fueled
			 pulverized coal combustion facilities;
				(4)through
			 lower-cost separation of oxygen from air at power plants; and
				(5)through advanced
			 concepts and biological systems.
				(b)Carbon dioxide
			 storage technologies
				(1)In
			 generalThe Secretary, in consultation with the Secretary of the
			 Interior, shall carry out a program for the research and development of carbon
			 dioxide storage technologies, including—
					(A)the improved
			 understanding of geological carbon dioxide sequestration processes and
			 characteristics;
					(B)simulation
			 activities at carbon dioxide storage sites established under this Act or any
			 other Act; and
					(C)identification,
			 management, and mitigation of hazards and risks.
					(2)RecommendationsBased
			 on the research and development activities conducted under paragraph (1), the
			 Secretary shall develop recommendations for optimal carbon dioxide storage
			 features, practices, and conditions.
				(c)Authorization
			 of appropriationsThere are authorized to be appropriated for the
			 conduct of activities under—
				(1)subsection (a)(1)
			 $100,000,000 for each of fiscal years 2008 through 2012;
				(2)paragraphs (2)
			 and (3) of subsection (a) $100,000,000 for each of fiscal years 2008 through
			 2012;
				(3)subsection (a)(4)
			 $100,000,000 for each of fiscal years 2008 through 2012; and
				(4)subparagraphs (A)
			 and (B) of subsection (b)(1) $50,000,000 for each of fiscal years 2008 through
			 2012.
				7.Carbon dioxide
			 storage capacity assessment
			(a)DefinitionsIn
			 this section—
				(1)AssessmentThe
			 term assessment means the national assessment of capacity for
			 carbon dioxide completed under subsection (f).
				(2)CapacityThe
			 term capacity means the portion of a storage formation that can
			 retain carbon dioxide in accordance with the requirements (including physical,
			 geological, and economic requirements) established under the methodology
			 developed under subsection (b).
				(3)Engineered
			 hazardThe term engineered hazard includes the
			 location and completion history of any well that could affect potential
			 storage.
				(4)RiskThe
			 term risk includes any risk posed by geomechanical, geochemical,
			 hydrogeological, structural, and engineered hazards.
				(5)SecretaryThe
			 term Secretary means the Secretary of the Interior, acting through
			 the Director of the United States Geological Survey.
				(6)Storage
			 formationThe term storage formation means a deep
			 saline formation, unmineable coal seam, or oil or gas reservoir that is
			 capable of accommodating a volume of industrial carbon dioxide.
				(b)MethodologyNot
			 later than 1 year after the date of enactment of this Act, the Secretary shall
			 develop a methodology for conducting an assessment under subsection (f), taking
			 into consideration—
				(1)the geographical
			 extent of all potential storage formations in all States;
				(2)the capacity of
			 the potential storage formations;
				(3)the injectivity
			 of the potential storage formations;
				(4)an estimate of
			 potential volumes of oil and gas recoverable by injection and storage of
			 industrial carbon dioxide in potential storage formations;
				(5)the risk
			 associated with the potential storage formations; and
				(6)the Carbon
			 Sequestration Atlas of the United States and Canada that was completed by the
			 Department of Energy in April 2006.
				(c)Coordination
				(1)Federal
			 coordination
					(A)ConsultationThe
			 Secretary shall consult with the Secretary of Energy and the Administrator of
			 the Environmental Protection Agency on issues of data sharing, format,
			 development of the methodology, and content of the assessment required under
			 this title to ensure the maximum usefulness and success of the
			 assessment.
					(B)CooperationThe
			 Secretary of Energy and the Administrator shall cooperate with the Secretary to
			 ensure, to the maximum extent practicable, the usefulness and success of the
			 assessment.
					(2)State
			 coordinationThe Secretary shall consult with State geological
			 surveys and other relevant entities to ensure, to the maximum extent
			 practicable, the usefulness and success of the assessment.
				(d)External review
			 and publicationOn completion of the methodology under subsection
			 (b), the Secretary shall—
				(1)publish the
			 methodology and solicit comments from the public and the heads of affected
			 Federal and State agencies;
				(2)establish a panel
			 of individuals with expertise in the matters described in paragraphs (1)
			 through (5) of subsection (b) composed, as appropriate, of representatives of
			 Federal agencies, institutions of higher education, nongovernmental
			 organizations, State organizations, industry, and international geoscience
			 organizations to review the methodology and comments received under paragraph
			 (1); and
				(3)on completion of
			 the review under paragraph (2), publish in the Federal Register the revised
			 final methodology.
				(e)Periodic
			 UpdatesThe methodology developed under this section shall be
			 updated periodically (including at least once every 5 years) to incorporate new
			 data as the data becomes available.
			(f)National
			 assessment
				(1)In
			 generalNot later than 2 years after the date of publication of
			 the methodology under subsection (d)(1), the Secretary, in consultation with
			 the Secretary of Energy and State geological surveys, shall complete a national
			 assessment of capacity for carbon dioxide in accordance with the
			 methodology.
				(2)Geological
			 verificationAs part of the assessment under this subsection, the
			 Secretary shall carry out a drilling program to supplement the geological data
			 relevant to determining storage capacity of carbon dioxide in geological
			 storage formations, including—
					(A)well log
			 data;
					(B)core data;
			 and
					(C)fluid sample
			 data.
					(3)Partnership
			 with other drilling programsAs part of the drilling program
			 under paragraph (2), the Secretary shall enter, as appropriate, into
			 partnerships with other entities to collect and integrate data from other
			 drilling programs relevant to the storage of carbon dioxide in geologic
			 formations.
				(4)Incorporation
			 into NatCarb
					(A)In
			 generalOn completion of the assessment, the Secretary of Energy
			 shall incorporate the results of the assessment using the NatCarb database, to
			 the maximum extent practicable.
					(B)RankingThe
			 database shall include the data necessary to rank potential storage sites for
			 capacity and risk, across the United States, within each State, by formation,
			 and within each basin.
					(5)ReportNot
			 later than 180 days after the date on which the assessment is completed, the
			 Secretary shall submit to the Committee on Energy and Natural Resources of the
			 Senate and the Committee on Science and Technology of the House of
			 Representatives a report describing the findings under the assessment.
				(6)Periodic
			 updatesThe national assessment developed under this section
			 shall be updated periodically (including at least once every 5 years) to
			 support public and private sector decisionmaking.
				(g)Authorization
			 of appropriationsThere is authorized to be appropriated to carry
			 out this section $30,000,000 for the period of fiscal years 2008 through
			 2012.
			8.Technology-sharing
			 agreementsThe Secretary, in
			 coordination with the Secretary of State, shall offer to enter into agreements
			 with each of the countries of China and India, and any other country that is
			 heavily dependent on coal-fired power plants for electricity generation, to
			 pursue agreements under which the countries subject to an agreement
			 shall—
			(1)fund and demonstrate carbon dioxide capture
			 and storage technologies;
			(2)share and transfer knowledge and
			 information relating to those technologies; and
			(3)provide training with respect to those
			 technologies.


113 S1202 IS: Safeguarding America’s Future and Environment Act
U.S. Senate
2013-06-20
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.

		II
		113th CONGRESS
		1st Session
		S. 1202
		IN THE SENATE OF THE UNITED STATES

			June 20, 2013
			Mr. Whitehouse (for
			 himself and Mr. Baucus) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To establish an integrated Federal program to respond to
		  ongoing and expected impacts of extreme weather and climate change by
		  protecting, restoring, and conserving the natural resources of the United
		  States, and to maximize government efficiency and reduce costs, in cooperation
		  with State, local, and tribal governments and other entities.

		1.Short
			 titleThis Act may be cited as
			 the Safeguarding America’s Future and
			 Environment Act or the SAFE Act.
		2.Findings,
			 purposes, and policy
			(a)FindingsCongress
			 finds that—
				(1)natural resources
			 provide significant benefits to the people and economy of the United States,
			 including—
					(A)abundant clean
			 water supplies;
					(B)flood and coastal
			 storm protection;
					(C)clean air;
					(D)a source for
			 food, fiber, medicines, and pollination of the crops and other plants of the
			 United States;
					(E)outdoor
			 recreation, which is a source of jobs and economic stimulus;
					(F)hunting and
			 fishing opportunities and support of subsistence communities;
					(G)scientific
			 research and education; and
					(H)world-class
			 tourism destinations that support local economies;
					(2)the United States
			 Geological Survey, National Oceanic and Atmospheric Administration, National
			 Aeronautics and Space Administration, and other agencies within the United
			 States Global Change Research Program have observed that the natural resources
			 of the United States are facing increasing impacts from extreme weather and
			 climate change, including—
					(A)more frequent and
			 severe droughts and heatwaves;
					(B)more frequent and
			 severe storms and floods;
					(C)more frequent and
			 severe wildfires;
					(D)more frequent and
			 severe outbreaks of forest pests and invasive species;
					(E)flooding and
			 erosion of coastal areas due to rising sea levels;
					(F)melting glaciers
			 and sea ice;
					(G)thawing
			 permafrost;
					(H)shifting fish,
			 wildlife, and plant population ranges;
					(I)disruptive shifts
			 in the timing of fish, wildlife, and plant natural history cycles, such as
			 blooming, breeding, and seasonal migrations; and
					(J)ocean
			 acidification; and
					(3)the Federal
			 Government should provide leadership in preparing for and responding to the
			 impacts described in paragraph (2) to ensure that present and future
			 generations continue to receive the benefits of the abundant and diverse
			 natural resources of the United States.
				(b)PurposesThe
			 purpose of this Act is to establish an integrated Federal program—
				(1)to respond to
			 ongoing and expected impacts of extreme weather and climate change by
			 protecting, restoring, and conserving the natural resources of the United
			 States; and
				(2)to maximize
			 government efficiency and reduce costs, in cooperation with State, local, and
			 tribal governments and other entities.
				(c)Natural
			 resources climate change adaptation policyIt is the policy of the Federal Government,
			 in cooperation with State and local governments, Indian tribes, and other
			 interested stakeholders to evaluate and reduce the increased risks and
			 vulnerabilities associated with future extreme weather events and other climate
			 impacts in carrying out the respective missions of those entities and to use
			 all practicable means to protect, restore, and conserve natural resources so
			 that natural resources—
				(1)become more resilient, adapt to, and
			 withstand the ongoing and expected impacts of extreme weather and climate
			 change; and
				(2)can continue safeguarding the communities
			 in, and sustaining the economy of, the United States.
				3.DefinitionsIn this Act:
			(1)BoardThe
			 term Board means the Science Advisory Board established under
			 section 6(b)(1).
			(2)CenterThe
			 term Center means the National Climate Change and Wildlife Science
			 Center established under section 6(a)(1).
			(3)CorridorsThe
			 term corridors means areas that—
				(A)provide
			 connectivity, over different time scales, of landscapes, habitats or potential
			 habitats, and ecological processes; and
				(B)facilitate
			 terrestrial, marine, estuarine, and freshwater fish, wildlife, or plant
			 movement that is necessary—
					(i)for
			 migration, gene flow, or dispersal; or
					(ii)to
			 respond to the ongoing and expected impacts of climate change (including, where
			 applicable, ocean acidification, drought, flooding, and wildfire).
					(4)Ecological
			 processesThe term ecological processes means
			 biological, chemical, or physical interaction between the biotic and abiotic
			 components of an ecosystem, including—
				(A)nutrient
			 cycling;
				(B)pollination;
				(C)predator-prey
			 relationships;
				(D)soil
			 formation;
				(E)gene flow;
				(F)disease
			 epizootiology;
				(G)larval dispersal
			 and settlement;
				(H)hydrological
			 cycling;
				(I)decomposition;
			 and
				(J)disturbance
			 regimes, such as fire and flooding.
				(5)HabitatThe
			 term habitat means the physical, chemical, and biological
			 properties that fish, wildlife, or plants use for growth, reproduction,
			 survival, food, water, or cover (whether on land, in water, or in an area or
			 region).
			(6)Indian
			 tribeThe term Indian tribe has the meaning given
			 the term in section 4 of the Indian Self-Determination and Education Assistance
			 Act (25 U.S.C. 450b).
			(7)Natural
			 resourcesThe term natural resources means land,
			 wildlife, fish, air, water, plants, habitats, and ecosystems of the United
			 States.
			(8)Natural
			 resources adaptationThe term natural resources
			 adaptation means the protection, restoration, and conservation of
			 natural resources so that natural resources become more resilient, adapt to,
			 and withstand the ongoing and expected impacts of extreme weather and climate
			 change (including, where applicable, ocean acidification, drought, flooding,
			 and wildfire).
			(9)PanelThe
			 term Panel means the Natural Resources Climate Change Adaptation
			 Panel established under section 4(a).
			(10)Resilience;
			 resilientThe terms resilience and
			 resilient, with respect to a natural resource, mean the ability of
			 the natural resource to recover from disturbance.
			(11)StateThe
			 term State means—
				(A)a State of the
			 United States;
				(B)the District of
			 Columbia;
				(C)American
			 Samoa;
				(D)Guam;
				(E)the Commonwealth
			 of the Northern Mariana Islands;
				(F)the Commonwealth
			 of Puerto Rico; and
				(G)the United States
			 Virgin Islands.
				(12)StrategyThe
			 term Strategy means the National Fish, Wildlife, and Plants
			 Climate Adaptation Strategy released March 26, 2013.
			4.Natural
			 resources climate change adaptation panel
			(a)EstablishmentNot
			 later than 90 days after the date of enactment of this Act, the President shall
			 establish a Natural Resources Climate Change Adaptation Panel composed of the
			 heads of Federal agencies or departments with jurisdiction over natural
			 resources of the United States and State and tribal representatives,
			 including—
				(1)the Administrator
			 of the National Oceanic and Atmospheric Administration;
				(2)the Chief of the
			 Forest Service;
				(3)the Director of
			 the National Park Service;
				(4)the Director of
			 the United States Fish and Wildlife Service;
				(5)the Director of
			 the Bureau of Land Management;
				(6)the Director of
			 the United States Geological Survey;
				(7)the Commissioner
			 of Reclamation;
				(8)the Director of
			 the Bureau of Indian Affairs;
				(9)the Administrator
			 of the Environmental Protection Agency;
				(10)the Chief of
			 Engineers;
				(11)the Chair of the
			 Council on Environmental Quality, who shall serve as Chairperson of the
			 Panel;
				(12)the
			 Administrator of the Federal Emergency Management Agency;
				(13)State
			 representatives from each regional association of State fish and wildlife
			 agencies; and
				(14)not less than 2
			 tribal representatives.
				(b)DutiesThe
			 Panel shall serve as a forum for interagency consultation on, and the
			 coordination of, the development and implementation of the Strategy.
			5.National fish,
			 wildlife, and plants climate adaptation strategy
			(a)In
			 generalThe Panel shall adopt the Strategy to protect, restore,
			 and conserve natural resources so that natural resources become more resilient,
			 adapt to, and withstand the ongoing and expected impacts of extreme weather and
			 climate change.
			(b)Review and
			 revisionBeginning in fiscal year 2017, and every 4 years
			 thereafter, the Panel shall review and revise the Strategy to
			 incorporate—
				(1)new information
			 regarding the ongoing and expected impacts of climate change on natural
			 resources; and
				(2)new advances in
			 the development of natural resources adaptation strategies.
				(c)RequirementsIn
			 revising the Strategy, the Panel shall—
				(1)use the best
			 available science; and
				(2)provide public
			 notice and opportunity for comment from all interested stakeholders.
				(d)ContentsA
			 revised Strategy shall—
				(1)assess the
			 vulnerability of natural resources to climate change, including short-term,
			 medium-term, long-term, cumulative, and synergistic impacts;
				(2)describe current,
			 observation, and monitoring activities at the Federal, State, tribal, and local
			 levels relating to the ongoing and expected impacts of climate change on
			 natural resources;
				(3)identify and
			 prioritize research and data needs;
				(4)identify natural
			 resources likely to have the greatest need for protection, restoration, and
			 conservation due to the ongoing and expanding impacts of extreme weather and
			 climate change;
				(5)include specific
			 protocols for integrating natural resources adaptation strategies and
			 activities into the conservation and management of natural resources by Federal
			 agencies to ensure consistency across agency jurisdictions;
				(6)identify
			 opportunities for maintaining, restoring, or enhancing natural resources to
			 reduce the risks of extreme weather and climate change on other vulnerable
			 sectors of society;
				(7)identify Federal
			 policies and actions that may reduce resilience and increase the vulnerability
			 of natural resources to extreme weather and climate change;
				(8)include specific
			 actions that Federal agencies shall take to protect, conserve, and restore
			 natural resources to become more resilient, adapt to, and withstand the ongoing
			 and expected impacts of climate change, including a timeline to implement those
			 actions;
				(9)include specific
			 mechanisms for ensuring communication and coordination—
					(A)among Federal
			 agencies; and
					(B)between Federal
			 agencies and State natural resource agencies, territories of the United States,
			 Indian tribes, private landowners, conservation organizations, and other
			 countries that share jurisdiction over natural resources with the United
			 States;
					(10)include specific
			 actions to develop and implement coordinated natural resources inventory and
			 monitoring protocols through interagency coordination and collaboration with
			 States and local governments, Indian tribes, and private organizations;
			 and
				(11)include
			 procedures for guiding the development of detailed agency-specific adaptation
			 plans required under section 7.
				(e)Implementation
				(1)In
			 generalConsistent with other laws and Federal trust
			 responsibilities concerning Indian land, each Federal agency represented on the
			 Panel shall integrate the elements of the Strategy that relate to conservation,
			 restoration, and management of natural resources into agency plans,
			 environmental reviews, and programs.
				(2)Public
			 reportEach Federal agency represented on the Panel shall, on an
			 annual basis, make available to the public a report documenting the actions of
			 the agency in implementing the Strategy.
				(3)CoordinationThe
			 Panel shall coordinate the implementation of the Strategy with non-Panel
			 Federal agencies to achieve the national policy described in section
			 2(c).
				6.Natural
			 resources adaptation science and information
			(a)National
			 climate change and wildlife science center
				(1)EstablishmentThe
			 Secretary of the Interior, in collaboration with the States, Indian tribes, and
			 other partner organizations, shall establish a National Climate Change and
			 Wildlife Science Center within the United States Geological Survey.
				(2)Duties of
			 centerThe Center shall assess and develop scientific
			 information, tools, strategies, and techniques to be used by the Panel, Federal
			 and State agencies, and other interested parties in addressing the impacts of
			 extreme weather and climate change on natural resources.
				(3)General
			 authority to enter into contracts, grants, and cooperative
			 agreementsThe Secretary may enter into contracts, grants, or
			 cooperative agreements, for periods not to exceed 5 years, with State agencies,
			 State cooperative extension services, institutions of higher education, other
			 research or educational institutions and organizations, Federal and private
			 agencies and organizations, individuals, and any other contractor or recipient,
			 to further the duties under paragraph (2) without regard to—
					(A)any requirements
			 for competition;
					(B)section 6101 of
			 title 41, United States Code; or
					(C)subsections (a)
			 and (b) of section 3324 of title 31, United States Code.
					(b)Science
			 advisory board
				(1)In
			 generalNot later than 180 days after the date of enactment of
			 this Act, the Secretary of Commerce and the Secretary of the Interior shall
			 establish and appoint the members of a Science Advisory Board.
				(2)MembershipThe
			 Board shall be comprised of not fewer than 10 and not more than 20
			 members—
					(A)who have
			 expertise in biology (including fish, wildlife, plant, aquatic, coastal, and
			 marine biology), ecology, climate change (including, where applicable, ocean
			 acidification, drought, flooding, and wildfire), and other relevant scientific
			 disciplines;
					(B)who are
			 scientists that represent a balanced membership among Federal, State, tribal,
			 and local representatives, institutions of higher education, and other
			 interested parties; and
					(C)of whom at least
			 1/2 shall be recommended by the President of the National
			 Academy of Sciences.
					(3)DutiesThe
			 Board shall—
					(A)advise the Panel
			 on the state of the science regarding—
						(i)the
			 ongoing and expected impacts of extreme weather and climate change on natural
			 resources; and
						(ii)scientific
			 strategies and mechanisms for natural resources adaptation;
						(B)identify and
			 recommend priorities for ongoing research needs on the issues described in
			 subparagraph (A) to inform the research priorities of the Center described in
			 subsection (a) and other Federal climate science institutions; and
					(C)review and
			 comment on each revised Strategy before that Strategy is finalized.
					(4)CollaborationThe
			 Board shall collaborate with climate change and ecosystem research entities in
			 other Federal agencies and departments.
				(5)Availability to
			 publicThe advice and recommendations of the Board shall be made
			 available to the public.
				7.Federal natural
			 resource agency adaptation plans
			(a)DevelopmentNot
			 later than 1 year after the date of enactment of this Act and not later than 1
			 year after the date of each revision of the Strategy, each Federal agency with
			 representation on the Panel shall—
				(1)complete a
			 natural resources adaptation plan for that Federal agency that is consistent
			 with the revised Strategy;
				(2)detail the
			 ongoing and expanding proposed actions of the Federal agency, and any changes
			 in decisionmaking processes necessary to increase the ability of resources
			 under the jurisdiction of the agency;
				(3)provide
			 opportunities for public review and comment on the plan;
				(4)coordinate with
			 the plan of each other Federal agency with representation on the Panel;
			 and
				(5)submit the plan
			 to the President for approval.
				(b)RequirementsEach
			 adaptation plan shall—
				(1)identify and
			 prioritize specific conservation strategies and actions that address the
			 ongoing and expected impacts of extreme weather and climate change on natural
			 resources under the jurisdiction of the department or agency preparing the
			 plan, including—
					(A)protection,
			 restoration, and conservation of natural resources to become more resilient,
			 adapt to, and better withstand the impacts of extreme weather and climate
			 change; and
					(B)protection of
			 habitats and ecosystems, the diversity of native fish, wildlife, and plant
			 populations, and wildlife corridors, including—
						(i)protection,
			 restoration, and conservation of terrestrial, marine, estuarine, and freshwater
			 habitats and ecosystems;
						(ii)establishment of
			 terrestrial, marine, estuarine, and freshwater corridors;
						(iii)restoration and
			 conservation of ecological processes;
						(iv)protection of a
			 broad diversity of native species of fish, wildlife, and plant populations
			 across the ranges of those species; and
						(v)protection of
			 fish, wildlife, and plant health, recognizing that climate can alter the
			 distribution and ecology of parasites, pathogens, and vectors;
						(2)describe how the
			 agency will—
					(A)integrate the
			 strategies and conservation activities into plans, programs, activities, and
			 actions of the agency relating to the conservation and management of natural
			 resources;
					(B)establish new
			 plans, programs, activities, and actions, if necessary;
					(C)maintain or
			 restore corridors; and
					(D)minimize the
			 impacts of energy, development, water, transportation, and transmission
			 projects and other activities on wildlife and wildlife habitat;
					(3)establish
			 methods—
					(A)to assess the
			 effectiveness of strategies and conservation actions the agency takes to
			 protect, restore, and conserve natural resources so natural resources become
			 more resilient, adapt to, and withstand the ongoing and expected impacts of
			 climate change; and
					(B)to update those
			 strategies and actions to respond to new information and changing
			 conditions;
					(4)describe current
			 and proposed mechanisms to enhance cooperation and coordination of natural
			 resources adaptation efforts with other Federal agencies, State and local
			 governments, Indian tribes, and nongovernmental stakeholders;
				(5)include written
			 guidance to resource managers; and
				(6)identify and
			 assess data and information gaps necessary to develop natural resources
			 adaptation plans and strategies.
				(c)Implementation
				(1)In
			 generalOn approval by the President, each Federal agency with
			 representation on the Panel shall, consistent with existing authority,
			 implement the adaptation plan of the agency through existing and new plans,
			 policies, programs, activities, and actions.
				(2)Consideration
			 of impactsTo the maximum extent practicable and consistent with
			 existing authority, natural resource management decisions made by each Federal
			 agency with representation on the Panel shall—
					(A)consider the
			 ongoing and expected impacts of extreme weather and climate change on natural
			 resources; and
					(B)select
			 alternatives that will avoid and minimize those impacts and promote
			 resilience.
					(d)Revision and
			 reviewNot later than 4 years after the date of implementation of
			 the adaptation plan of a Federal agency, and every 4 years thereafter, the
			 Federal agency shall review and revise the adaptation plan to incorporate the
			 best available science, including advice and information pursuant to section 6
			 and other information, regarding the ongoing and expected impacts of climate
			 change on natural resources.
			8.State natural
			 resources adaptation plans
			(a)RequirementTo
			 be eligible to receive funds pursuant to subsection (d), not later than 1 year
			 after the date of enactment of this Act and not later than 1 year after the
			 date of each revision of the Strategy, each State shall prepare and submit to
			 the Secretary of the Interior and, as applicable, the Secretary of Commerce, a
			 State natural resources adaptation plan detailing current and future efforts of
			 the State to address the ongoing and expected impacts of climate change on
			 natural resources and coastal areas within the jurisdiction of the
			 State.
			(b)Review or
			 approvalThe Secretary of the Interior and, as applicable, the
			 Secretary of Commerce shall—
				(1)review each State
			 adaptation plan; and
				(2)approve a State
			 adaptation plan if the plan—
					(A)meets the
			 requirements of subsection (c); and
					(B)is consistent
			 with the Strategy.
					(c)ContentsA
			 State adaptation plan shall—
				(1)meet the
			 requirements described in section 7(b);
				(2)include the
			 adaptation provisions of any State comprehensive wildlife conservation strategy
			 (or State wildlife action plan) that has been—
					(A)submitted to the
			 United States Fish and Wildlife Service; and
					(B)approved, or is
			 pending approval, by the United States Fish and Wildlife Service;
					(3)include the
			 adaptation provisions of a statewide assessment and strategy for forest
			 resources required under section 2A of the Cooperative Forestry Assistance Act
			 of 1978 (16 U.S.C. 2101a) that has been—
					(A)submitted to the
			 Secretary of Agriculture; and
					(B)approved, or is
			 pending approval, by the Secretary of Agriculture; and
					(4)include the
			 adaptation provisions of a Coastal Zone Management Plan or a Coastal and
			 Estuarine Land Conservation Program Plan that has been—
					(A)submitted to the
			 National Oceanic and Atmospheric Administration; and
					(B)approved, or is
			 pending approval, by the National Oceanic and Atmospheric
			 Administration.
					(d)Distribution of
			 funds to StatesAny funds made available pursuant to this Act
			 shall be—
				(1)used to carry out
			 natural resources adaptation activities in accordance with adaptation plans
			 approved under this section; and
				(2)made available
			 through—
					(A)the State and
			 tribal wildlife grant program under title I of division F of the Consolidated
			 Appropriations Act, 2008 (Public Law 110–161; 121 Stat. 2103); and
					(B)(i)the grant program under
			 section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455);
			 and
						(ii)the Coastal and Estuarine Land
			 Conservation Program established under title II of the Department of Commerce
			 and Related Agencies Appropriations Act, 2002 (16 U.S.C. 1456d).
						(e)Public
			 inputIn developing an adaptation plan, a State shall solicit and
			 consider input from the public and independent scientists.
			(f)Coordination
			 with other plansA State adaptation plan shall, where
			 appropriate, integrate the goals and measures set forth in other natural
			 resources conservation strategies and plans.
			(g)UpdatesEach
			 State adaptation plan shall be updated at least every 4 years.
			9.Authorization of
			 appropriationsThere are
			 authorized to be appropriated to carry out this Act such sums as are
			 necessary.


117 S2183 IS: Superfund Polluter Pays Restoration Act of 2021
U.S. Senate
2021-06-22
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.

II117th CONGRESS1st SessionS. 2183IN THE SENATE OF THE UNITED STATESJune 22, 2021Mr. Booker (for himself, Mr. Whitehouse, and Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to reinstate the financing for the Hazardous Substance Superfund, and for other purposes.1.Short titleThis Act may be cited as the Superfund Polluter Pays Restoration Act of 2021.2.Extension and modification of Superfund excise taxes(a)ExtensionSubsection (e) of section 4611 of the Internal Revenue Code of 1986 is amended to read as follows:(e)Application of hazardous substance superfund financing rateThe Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date that is 60 days after the date of the enactment of the Superfund Polluter Pays Restoration Act of 2021..(b)Modification of Hazardous Substance Superfund financing rate(1)In generalSection 4611(c)(2)(A) of such Code is amended by striking 9.7 cents and inserting 17.2 cents.(2)Inflation adjustmentSection 4611(c) of such Code is amended by adding at the end the following new paragraph:(3)Adjustment for inflation(A)In generalIn the case of any taxable year beginning after December 31, 2021, the amount under paragraph (2)(A) shall be increased by an amount equal to—(i)such amount, multiplied by(ii)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof.(B)RoundingIf any increase determined under this paragraph is not a multiple of 0.1 cents, such increase shall be rounded to the next lowest multiple of 0.1 cents..(c)Modification of rate of tax on certain chemicalsSection 4661(b) of the Internal Revenue Code of 1986 is amended to read as follows:(b)Amount of tax(1)In generalThe amount of tax imposed by subsection (a) shall be determined in accordance with the following table:In the case of:The tax is the following amount per ton:Acetylene$12.01Benzene12.01Butane12.01Butylene12.01Butadiene12.01Ethylene12.01Methane8.49Napthalene12.01Propylene12.01Toluene12.01Xylene12.01Ammonia6.51Antimony10.98Antimony trioxide9.25Arsenic10.98Arsenic trioxide8.41Barium sulfide5.67Bromine10.98Cadmium10.98Chlorine6.66Chromium10.98Chromite3.75Potassium dichromate4.17Sodium dichromate4.61Cobalt10.98Cupric sulfate4.61Cupric oxide8.86Cuprous oxide9.79Hydrochloric acid0.72Hydrogen fluoride10.43Lead oxide10.21Mercury10.98Nickel10.98Phosphorus10.98Stannous chloride7.03Stannic chloride5.23Zinc chloride5.48Zinc sulfate4.69Potassium hydroxide0.54Sodium hydroxide0.69Sulfuric acid0.64Nitric acid0.59.(2)Adjustment for inflation(A)In generalIn the case of any taxable year beginning after December 31, 2021, each of the dollar amounts in the table in paragraph (1) shall be increased by an amount equal to—(i)such amount, multiplied by(ii)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting calendar year 202020 for calendar year 2016 in subparagraph (A)(ii) thereof.(B)RoundingIf any increase determined under this paragraph is not a multiple of $0.01, such increase shall be rounded to the next lowest multiple of $0.01..(d)Effective dateThe amendments made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act.3.Clarification of definition of crude oil for excise tax purposes(a)Definition of crude oilParagraph (1) of section 4612(a) of the Internal Revenue Code of 1986 is amended to read as follows:(1)Crude oilThe term crude oil includes crude oil condensates, natural gasoline, any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture (including oil derived from tar sands), and any oil derived from kerogen-bearing sources (including oil derived from oil shale)..(b)Effective dateThe amendment made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act.4.Use of Hazardous Substance Superfund for cleanup(a)Availability of amountsSection 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended—(1)in subsection (a) by striking For the purposes specified and all that follows through for the following purposes: and inserting the following: The amount in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 shall be available, without further appropriation, to be used for the purposes specified in this section. The President shall use such amount for the following purposes:; and(2)in subsection (c)—(A)by striking Subject to such amounts as are provided in appropriations Acts, the each place it appears and inserting The; and(B)in paragraph (12) by striking to the extent that such costs and all that follows through and 1994.(b)Amendment to the Internal Revenue CodeSection 9507 of the Internal Revenue Code of 1986 is amended—(1)in subsection (c)(1)—(A)by striking , as provided in appropriations Acts,; and(B)by striking the Superfund Amendments and Reauthorization Act of 1986 in subparagraph (A)(i) thereof and inserting the Superfund Polluter Pays Restoration Act of 2021; and(2)in subsection (d)(3), by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B).


113 HR 449 IH: Veterans’ Heritage Firearms Act of 2013
U.S. House of Representatives
2013-02-01
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.

I
113th CONGRESS
1st Session
H. R. 449
IN THE HOUSE OF REPRESENTATIVES

February 1, 2013
Mr. Miller of Florida introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means and Veterans’ 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

A BILL
To provide an amnesty period during which veterans and their family members can register certain firearms in the National Firearms Registration and Transfer Record, and for other purposes.

1.Short titleThis Act may be cited as the Veterans’ Heritage Firearms Act of 2013.
2.Amnesty period for veterans to register qualifying firearms
(a)RegistrationSubject to such regulations as the Attorney General may prescribe, the applicable veteran or a member of the family of such a veteran, who owns and possesses a qualifying firearm, may register the firearm in the National Firearms Registration and Transfer Record (described in section 5841 of the Internal Revenue Code of 1986) during the amnesty period.
(b)Qualifying firearm
(1)In generalFor purposes of this section, the term qualifying firearm means any firearm which was acquired—
(A)before October 31, 1968; and
(B)by a veteran, while the veteran was a member of the Armed Forces and was stationed outside the continental United States.
(2)Presumption of validityIn the absence of clear and convincing evidence to the contrary, the Attorney General shall accept as true and accurate any affidavit, document, or other evidence submitted by an individual to establish that a firearm meets the requirements of paragraph (1).
(c)HearingsIf the Attorney General determines that an individual may not register a firearm under subsection (a) during the amnesty period, the Attorney General, on the request of such individual, shall—
(1)provide the individual any evidence on which the Attorney General’s decision is based; and
(2)promptly hold a hearing to review the determination.
(d)Limited immunity
(1)Criminal liability under title 18An individual who registers a firearm under subsection (a) of this section—
(A)shall be treated, for purposes of subsections (a)(3) and (o) of section 922 of title 18, United States Code, as having lawfully acquired and possessed the firearm before the date of the enactment of chapter 44 of such title and of each provision of that chapter; and
(B)shall not be liable for any violation of that chapter which—
(i)is based solely on the ownership, possession, transportation, importation, or alteration of the firearm by the individual; and
(ii)occurred before or concurrent with the registration.
(2)Criminal liability under internal revenue codeExcept as provided in paragraph (3), an individual who registers a firearm under subsection (a) shall not be liable for a violation of chapter 53 or 75 of the Internal Revenue Code of 1986 with respect to the firearm which occurred before or concurrent with the registration.
(3)Transfer tax liabilityParagraph (2) shall not affect the liability of any individual for any transfer tax imposed under section 5811 of the Internal Revenue Code of 1986.
(4)Attempts to registerIn the case of an applicable veteran or a member of such a veteran’s family who attempts to register a qualifying firearm in the National Firearms Registration and Transfer Record at a time other than during the amnesty period, paragraphs (1), (2), and (3) shall apply with respect to the individual if the individual surrenders the firearm to a law enforcement agency not later than 30 days after notification by the Attorney General of potential criminal liability for continued possession of the firearm.
(e)ForfeitureA firearm registered under subsection (a) shall not be subject to seizure or forfeiture under chapter 53 or 75 of the Internal Revenue Code of 1986 or chapter 44 of title 18, United States Code, for a violation of any such chapter with respect to the firearm which occurred before or concurrent with the registration.
(f)Notice; forms; mailbox rule
(1)Notice of amnesty periodThe Attorney General shall provide clear printed notices providing information regarding the amnesty period and registering a firearm during the period. To the extent feasible, the Attorney General shall ensure that the notices are posted in post offices, law enforcement buildings, and businesses of licensed firearms dealers.
(2)VA OutreachThe Secretary of Veterans Affairs, in consultation with the Attorney General, shall carry out an outreach program and develop a communications strategy to provide to veterans information regarding the amnesty period and registering a firearm during the period, including by posting notices in facilities of the Department of Veterans Affairs and on the Internet website of the Department.
(3)FormsThe Attorney General shall make available any forms necessary for registering a firearm in the National Firearms Registration and Transfer Record. To the extent feasible, the Attorney General shall make such forms available in the locations referred to in paragraphs (1) and (2) and through the Internet website for the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
(4)Mailbox ruleFor purposes of this section, the Attorney General shall treat any form that is postmarked during the amnesty period as received during the amnesty period.
(g)DefinitionsIn this section:
(1)Amnesty periodThe term amnesty period means the 180-day period beginning on the date that is 90 days after the date of the enactment of this Act.
(2)FirearmThe term firearm has the meaning given the term in section 5845 of the Internal Revenue Code of 1986, except that the term does not include—
(A)any device described in subsection (f)(1) of such section; or
(B)any combination of parts—
(i)designed or intended for use in converting any device into a device described in subparagraph (A); or
(ii)from which a device described in subparagraph (A) may be readily assembled.
(3)Applicable veteranThe term applicable veteran means, with respect to a firearm, the veteran referred to in subsection (b)(1) with respect to the firearm.
(4)VeteranThe term veteran has the meaning given such term in section 101(2) of title 38, United States Code.
(5)Family
(A)In generalThe term family means, with respect to a veteran, any grandparent of the veteran or of any spouse of the veteran, any lineal descendant of any such grandparent, and any spouse of any such lineal descendant.
(B)Special rulesFor purposes of subparagraph (A):
(i)A spouse of an individual who is legally separated from the individual under a decree of divorce or separate maintenance shall be treated as the spouse of the individual.
(ii)Individuals related by the half blood or by legal adoption shall be treated as if they are related by the whole blood.
(6)Continental united statesThe term continental United States means the several States and the District of Columbia, but does not include Alaska or Hawaii.
3.Transfer of firearms to museums
(a)Transfer of forfeited firearms to museums
(1)In generalThe Attorney General shall transfer each firearm which has been forfeited to the United States to the first qualified museum that submits a request for the firearm in such form and manner as the Attorney General may specify.
(2)Destruction of forfeited firearms prohibitedThe Attorney General shall not destroy any firearm which has been forfeited to the United States until the end of the 5-year period beginning on the date of the forfeiture.
(3)Catalogue of firearmsWith respect to each firearm that is available to be transferred to a museum under paragraph (1), the Attorney General shall, not later than 60 days after the forfeiture of the firearm, publish information which identifies the firearm (including a picture) on the web page of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The information shall be available to the public without cost and without restriction.
(4)Registration of firearmsAny firearm transferred under paragraph (1) to a qualified museum shall be registered to the transferee in the National Firearms Registration and Transfer Record (described in section 5841 of the Internal Revenue Code of 1986).
(5)FirearmIn this subsection, the term firearm means any firearm (as defined in section 2(g)(2) of this Act) which is treated as a curio or relic under chapter 44 of title 18, United States Code.
(6)Qualified museumIn this subsection, the term qualified museum means—
(A)any museum owned or operated by a unit of Federal, State, or local government; and
(B)any museum which—
(i)is open to the public;
(ii)is incorporated as a not-for-profit corporation under applicable State law;
(iii)may possess a firearm in the collection of the museum under the laws of the State in which the collection is displayed;
(iv)holds a license under chapter 44 of title 18, United States Code, as a collector of curios or relics; and
(v)certifies to the Attorney General that—
(I)the museum is not engaged in the trade or business of buying or selling firearms;
(II)with respect to the transfer of any firearm under paragraph (1), the museum is not requesting the transfer of the firearm for purpose of sale; and
(III)the museum shall, not later than 90 days after the museum ceases operations, file an application pursuant to chapter 53 of the Internal Revenue Code of 1986 to transfer any machinegun transferred to the museum under paragraph (1) to an entity or person who may lawfully possess the machinegun under section 922(o) of title 18, United States Code, or abandon the machinegun to Federal, State, or local law enforcement authorities.
(b)Transfer of machineguns to museumsSection 922(o)(2) of title 18, United States Code, is amended—
(1)in subparagraph (A), by striking or at the end;
(2)by redesignating subparagraph (B) as subparagraph (C); and
(3)by inserting after subparagraph (A) the following:

(B)a transfer to or by, or possession by, a museum that is open to the public and incorporated as a not-for-profit corporation under applicable State law; or.