116 S2699 IS: Ocean, Coastal, and Estuarine Acidification Necessitates Research Act of 2019
U.S. Senate
2019-10-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 2699IN THE SENATE OF THE UNITED STATESOctober 24, 2019Mr. Markey (for himself and Mr. Sullivan) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo reauthorize the Federal Ocean Acidification Research and Monitoring Act of 2009, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Ocean, Coastal, and Estuarine Acidification Necessitates Research Act of 2019 or the OCEAN Research Act.
 2.PurposesSection 12402 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3701) is amended—
 (1)by striking (a) Purposes.—; (2)in paragraph (1)—
 (A)in the matter preceding subparagraph (A), by striking development and coordination and inserting coordination and implementation; (B)in subparagraph (A), by striking acidification on marine organisms and inserting acidification and coastal acidification on marine organisms; and
 (C)in subparagraph (B), by striking establish and all that follows and inserting maintain an interagency research, monitoring, and public outreach program on ocean acidification and coastal acidification;;
 (3)in paragraph (2), by striking establishment of an ocean acidification program and inserting maintenance of an ocean acidification and coastal acidification program; (4)in paragraph (3), by inserting and coastal acidification after ocean acidification; and
 (5)in paragraph (4), by inserting and coastal acidification that take into account other environmental and anthropogenic stressors after ocean acidification. 3.DefinitionsSection 12403 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3702) is amended—
 (1)in paragraph (1), by striking of the Earth’s oceans and all that follows and inserting and changes in the water chemistry of the Earth’s oceans, coastal estuaries, and waterways caused by carbon dioxide from the atmosphere and the breakdown of organic matter.;
 (2)in paragraph (3), by striking Joint Subcommittee on Ocean Science and Technology and inserting Subcommittee on Ocean Science and Technology of the Committee on Environment; (3)by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively;
 (4)by inserting before paragraph (2), as so redesignated, the following:  (1)Coastal AcidificationThe term coastal acidification means the combined decrease in pH and changes in the water chemistry of coastal oceans, estuaries, and other bodies of water from chemical inputs (including carbon dioxide from the atmosphere), freshwater inputs, and excess nutrient run-off from land and coastal atmospheric pollution that result in processes that release carbon dioxide, acidic nitrogen, and sulfur compounds as byproducts which end up in coastal waters.;
 (5)by inserting after paragraph (2), as so redesignated, the following:  (3)Institution of higher educationThe term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).; and
 (6)by adding at the end the following:  (6)StateThe term State means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States.
 (7)Tribal organizationThe term Tribal organization has the meaning given the term tribal organization in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).. 4.Interagency working groupSection 12404 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3703) is amended—
 (1)in the section heading, by striking subcommittee and inserting working group; (2)in subsection (a)—
 (A)by amending paragraph (1) to read as follows:  (1)In generalThe Subcommittee shall establish an interagency working group on ocean acidification and coastal acidification.;
 (B)by amending paragraph (2) to read as follows:  (2)MembershipThe interagency working group on ocean acidification shall be comprised of senior representatives from—
 (A)the National Oceanic and Atmospheric Administration; (B)the National Science Foundation;
 (C)the National Aeronautics and Space Administration; (D)the United States Geological Survey;
 (E)the United States Fish and Wildlife Service;
 (F)the Bureau of Ocean Energy Management; (G)the Environmental Protection Agency;
 (H)the Department of Agriculture;
 (I)the Department of State; (J)the Department of Energy;
 (K)the Department of the Navy; (L)the National Park Service;
 (M)the Bureau of Indian Affairs;
 (N)the National Institute of Standards and Technology; (O)the Smithsonian Institution; and
 (P)such other Federal agencies as the Subcommittee considers appropriate.; and (C)in paragraph (3), in the paragraph heading, by striking Chairman and inserting Chair;
 (3)in subsection (b)— (A)in paragraph (1)—
 (i)by inserting and coastal acidification after acidification; and (ii)by inserting , including the efforts of the National Oceanic and Atmospheric Administration to facilitate such implementation after of the plan;
 (B)in paragraph (2)— (i)in subparagraph (A), by inserting and coastal acidification after ocean acidification; and
 (ii)in subparagraph (B), by inserting or coastal acidification after ocean acidification; (C)in paragraph (4), by striking ; and and inserting a semicolon;
 (D)in paragraph (5)— (i)by inserting and Coastal after Ocean;
 (ii)by striking developed and inserting and coastal acidification developed; and (iii)by striking the period at the end and inserting and coastal acidification; and; and
 (E)by adding at the end the following:  (6)ensure that each of the Federal agencies represented on the interagency working group—
 (A)participates in the Ocean and Coastal Acidification Information Exchange established under paragraph (5); and
 (B)delivers data and information to support the data archive system established under section 12406(d).; and
 (4)in subsection (c), in paragraph (2)— (A)in the matter preceding subparagraph (A), by inserting , and to the Director of the Office of Management and Budget, after House of Representatives; and
 (B)in subparagraph (B), by striking the interagency research and inserting interagency strategic research. 5.Ocean and Coastal Acidification Advisory BoardThe Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3701 et seq.) is amended by inserting after section 12404 the following:

				12404A.Ocean and Coastal Acidification Advisory Board
 (a)EstablishmentThe Chair of the Subcommittee shall establish an Ocean and Coastal Acidification Advisory Board (in this section referred to as the Advisory Board).
 (b)DutiesThe Advisory Board shall— (1)not later than 180 days before the Subcommittee submits a report under section 12404(c)(2)—
 (A)review a draft of the report; (B)submit to the Subcommittee an analysis of the draft for consideration before submitting the report under section 12404(c)(2); and
 (C)concurrently with the submission by the Subcommittee of the report under that section, submit a copy of the analysis provided to the Subcommittee under subparagraph (B) to—
 (i)the Committee on Commerce, Science, and Transportation of the Senate; and
 (ii)the Committee on Science, Space, and Technology and the Committee on Natural Resources of the House of Representatives;
 (2)not later than 180 days before the Subcommittee submits a strategic research plan under section 12404(c)(3)—
 (A)review a draft of the plan; (B)submit to the Subcommittee an analysis of the plan, and recommendations for the implementation of the plan, for consideration before submitting the plan under section 12404(c)(3); and
 (C)concurrently with the submission of the Subcommittee of the plan under that section, submit a copy of the analysis provided to the Subcommittee under subparagraph (B) to the committees specified in clauses (i) and (ii) of paragraph (1)(C);
 (3)provide ongoing advice to the Subcommittee and the interagency working group established under section 12404 on matters related to Federal activities on ocean acidification and coastal acidification;
 (4)advise the Subcommittee and the interagency working group on— (A)efforts to coordinate research and monitoring activities related to ocean acidification and coastal acidification; and
 (B)the best practices for the standards developed for data archiving under section 12406(e); (5)publish in the Federal Register a charter;
 (6)provide to the Library of Congress— (A)the charter required by paragraph (5);
 (B)any schedules and minutes for meetings of the Advisory Board; (C)any documents that are approved by the Advisory Board; and
 (D)any reports and analysis prepared by the Advisory Board; and (7)establish a publicly accessible page on the website of the National Oceanic and Atmospheric Administration that contains the information described in subparagraphs (A) through (D) of paragraph (6).
 (c)MembershipThe Advisory Board shall consist of 24 members as follows: (1)Two representatives of the shellfish and crab industry.
 (2)One representative of the finfish industry. (3)One representative of seafood processors.
 (4)Three representatives from institutions of higher education, including both natural and social sciences.
 (5)One representative of recreational fishing. (6)One representative of relevant nongovernmental organizations.
 (7)Six representatives from relevant State and local governments and Tribal organizations. (8)One representative from the Alaska Ocean Acidification Network.
 (9)One representative from the California Current Acidification Network. (10)One representative from the Northeast Coastal Acidification Network.
 (11)One representative from the Southeast Ocean and Coastal Acidification Network. (12)One representative from the Gulf of Mexico Ocean Acidification Network.
 (13)One representative from the Mid-Atlantic Coastal Acidification Network. (14)One representative from the Pacific Islands Ocean Observing System or a similar entity representing—
 (A)the island territories and possessions of the United States in the Pacific Ocean; and
 (B)the State of Hawaii. (15)One representative from the Caribbean Regional Association for Coastal Ocean Observing or a similar entity representing Puerto Rico and the United States Virgin Islands.
 (16)One representative from the National Oceanic and Atmospheric Administration, who shall serve as an ex officio member of the Advisory Board without a vote.
 (d)Appointment of membersThe Chair of the Subcommittee shall— (1)appoint members to the Advisory Board (taking into account the geographical interests of each individual to be appointed as a member to ensure that an appropriate balance of geographical interests are represented by the members of the Advisory Board) who—
 (A)represent the interest group for which each seat is designated; (B)demonstrate expertise on ocean acidification or coastal acidification and its scientific, economic, industry, cultural, and community impacts; and
 (C)have a record of distinguished service with respect to ocean acidification or coastal acidification, and such impacts;
 (2)give consideration to nominations and recommendations from the members of the interagency working group and the public for such appointments; and
 (3)ensure that an appropriate balance of scientific, industry, and geographical interests are represented by the members of the Advisory Board.
 (e)Term of membershipEach member of the Advisory Board— (1)shall be appointed for a 5-year term; and
 (2)may be appointed to more than one term. (f)ChairThe Chair of the Subcommittee shall appoint one member of the Advisory Board to serve as the Chair of the Advisory Board.
 (g)MeetingsNot less than once each calendar year, the Advisory Board shall meet at such times and places as may be designated by the Chair of the Advisory Board, in consultation with the Chair of the Subcommittee and the Chair of the interagency working group.
 (h)BriefingThe Chair of the Advisory Board shall brief the Subcommittee and the interagency working group on the progress of the Advisory Board as necessary.
 (i)Federal Advisory Committee ActSection 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board..
 6.Strategic research planSection 12405 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3704) is amended—
 (1)by inserting and coastal acidification after acidification each place it appears; (2)in subsection (a)—
 (A)in the first sentence— (i)by inserting , and not later than every 5 years thereafter after the date of enactment of this Act;
 (ii)by inserting address the socioeconomic impacts of ocean acidification and coastal acidification and to after mitigation strategies to; and (iii)by striking marine ecosystems each place it appears and inserting ecosystems; and
 (B)in the second sentence— (i)by striking its potential impacts and inserting their potential impacts; and
 (ii)by inserting and recommendations made by the Advisory Board in the review of the plan required under section 12404A(b)(2)(A) after subsection (d);
 (3)in subsection (b)— (A)in paragraph (1), by inserting and social sciences after among the ocean sciences;
 (B)in paragraph (2)— (i)in subparagraph (A), by striking its physical, chemical, and biological impacts and inserting their physical, chemical, and biological impacts, including trends of changes in ocean chemistry,;
 (ii)in subparagraph (B)— (I)by striking improve the ability to assess the and inserting assess the short-term and long-term; and
 (II)by striking ; and at the end and inserting a semicolon; (iii)by amending subparagraph (C) to read as follows:

 (C)provide information for the— (i)development of adaptation and mitigation strategies to address the socioeconomic impacts of ocean acidification and coastal acidification;
 (ii)conservation of marine organisms and ecosystems; and (iii)assessment of the effectiveness of such adaptation and mitigation strategies; and; and
 (iv)by adding at the end the following:  (D)improve research on—
 (i)ocean acidification and coastal acidification; (ii)the interactions between and effects of multiple combined stressors including changes in water chemistry, changes in sediment delivery, hypoxia, and harmful algal blooms, on ocean acidification and coastal acidification; and
 (iii)the effect of environmental stressors on marine resources and ecosystems;; (C)in paragraph (3)—
 (i)in subparagraph (F), by striking database development and inserting data management; (ii)in subparagraph (H), by striking ; and and inserting a semicolon; and
 (iii)by adding at the end the following:  (J)assessment of adaptation and mitigation strategies; and
 (K)education and outreach activities;; (D)in paragraph (4), by striking set forth and inserting ensure an appropriate balance of contribution in establishing;
 (E)in paragraph (5), by striking reports and inserting the best available peer-reviewed scientific reports; (F)in paragraph (6), by striking of the United States and inserting within the United States;
 (G)in paragraph (7), by striking outline budget requirements and inserting estimate costs associated for full implementation of each element of the plan by fiscal year; (H)in paragraph (8)—
 (i)by striking its and inserting their; and (ii)by striking ; and and inserting a semicolon;
 (I)in paragraph (9), by striking the period at the end and inserting ; and; and (J)by adding at the end the following:

 (10)describe monitoring needs necessary to support potentially affected industry members, coastal stakeholders, fishery management councils and commissions, non-Federal resource managers, and scientific experts on decisionmaking and adaptation related to ocean acidification and coastal acidification.;
 (4)in subsection (c)— (A)in paragraph (1)(C), by striking surface;
 (B)in paragraph (3)— (i)by striking input, and and inserting inputs,;
 (ii)by inserting , marine food webs, after marine ecosystems; and (iii)by inserting , and modeling that supports fisheries management after marine organisms; and
 (C)by adding at the end the following:  (6)Research to understand related and cumulative stressors and other biogeochemical processes occurring in conjunction with ocean acidification and coastal acidification.; and
 (5)by striking subsection (e) and inserting the following:  (e)Advisory Board evaluationNot later than 180 days before the strategic research plan is submitted to Congress under section 12404(c)(3), the Subcommittee shall provide the Advisory Board established under section 12404A a copy of the plan for purposes of review under subsection (b)(2)(A) of such section.
 (f)Publication and public commentNot later than 90 days before the strategic research plan is submitted to Congress under section 12404(c)(3), the Subcommittee shall—
 (1)publish a draft of the plan in the Federal Register; and
 (2)provide an opportunity for submission of public comments for a period of not less than 60 days..
 7.NOAA ocean and coastal acidification activitiesSection 12406 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3705) is amended—
 (1)in the section heading, by inserting and coastal after ocean; (2)by inserting and coastal acidification after acidification each place it appears;
 (3)in subsection (a)— (A)in the matter preceding paragraph (1)—
 (i)by inserting coordination, after research, monitoring,; and (ii)by striking and implementation;
 (B)in paragraph (1)— (i)in subparagraph (B)—
 (I)by inserting including the Integrated Ocean Observing System and the ocean observing assets of other Federal and State agencies, after ocean observing assets,; and
 (II)by inserting and agency and department missions, prioritizing the location of monitoring instruments, assets, and projects to maximize the efficiency of resources and to optimize understanding of socioeconomic impacts and ecosystem health after research program;
 (ii)in subparagraph (C)— (I)by striking adaptation and inserting adaptation and mitigation; and
 (II)by inserting and supporting socioeconomically vulnerable communities and industries  after marine ecosystems; (iii)in subparagraph (E)—
 (I)by striking its impacts and inserting their impacts; and (II)by striking ; and and inserting a semicolon;
 (iv)in subparagraph (F)— (I)by striking monitoring and impacts research and inserting research, monitoring, and adaptation and mitigation strategies; and
 (II)by striking the semicolon and inserting ; and; and (v)by adding at the end the following:

 (G)research to improve understanding of the effect of— (i)other environmental stressors on ocean acidification and coastal acidification;
 (ii)multiple environmental stressors on living marine resources and coastal ecosystems; and (iii)adaptation and mitigation strategies to address the socioeconomic impacts of ocean acidification and coastal acidification.;
 (C)in paragraph (2), by striking critical research projects that explore and inserting critical research and education projects that explore and communicate; and (4)by adding at the end the following:

 (c)Relationship to interagency working groupThe National Oceanic and Atmospheric Administration shall serve as the lead Federal agency responsible for coordinating the Federal response to ocean acidification and coastal acidification, by—
 (1)leading the interagency working group established under section 12404 in implementing the strategic research plan under section 12405;
 (2)coordinating monitoring and research efforts among Federal agencies in cooperation with State and local governments, Tribal organizations, and international partners;
 (3)maintaining the Ocean and Coastal Acidification Information Exchange required by section 12404(b)(5) to allow for information to be electronically accessible, including information—
 (A)on ocean acidification and coastal acidification developed through or used by the ocean acidification and coastal acidification program described in subsection (a); or
 (B)that would be useful to State or local governments, Tribal organizations, resource managers, policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification and coastal acidification; and
 (4)establishing and maintaining the data archive system under subsection (d). (d)Data archive system (1)ManagementThe Secretary, in coordination with members of the interagency working group established under section 12404, shall provide for the long-term stewardship of, and access to, data relating to ocean acidification and coastal acidification by establishing and maintaining a data archive system that the National Centers for Environmental Information uses to process, store, archive, provide access to, and incorporate to the extent possible, such data collected—
 (A)through relevant federally funded research; and (B)by a Federal, State, or local agency, Tribal organization, scientist at an institution of higher education, citizen scientist, or industry organization.
 (2)Existing global or national data assetsIn establishing and maintaining the data archive system under paragraph (1), the Secretary shall ensure that existing global or national data assets (including the data assets maintained by the National Centers for Environmental Information, the Integrated Ocean Observing System, and other existing data systems within Federal agencies) are incorporated to the greatest extent possible.
 (e)Standards, protocols, and proceduresThe Secretary, in coordination with members of the interagency working group established under section 12404, shall establish and revise as necessary the standards, protocols, or procedures for—
 (1)processing, storing, archiving, and providing access to data described in subsection (d); (2)the interoperability and intercalibration of such data;
 (3)the collection of any metadata underlying such data; and (4)sharing such data with State and local governments, Tribal organizations, potentially affected industry members, coastal stakeholders, fishery management councils and commissions, non-Federal resource managers, and institutions of higher education.
 (f)Dissemination of ocean acidification data and coastal acidification dataThe Secretary, in coordination with members of the interagency working group established under section 12404, shall disseminate the data described in subsection (d) to the greatest extent practicable by sharing such data on full and open access exchanges, including the Ocean and Coastal Acidification Information Exchange required by section 12404(b)(5).
 (g)RequirementRecipients of grants from the National Oceanic and Atmospheric Administration under this subtitle that collect data described in subsection (d) shall—
 (1)collect such data in accordance with the standards, protocols, or procedures established pursuant to subsection (e); and
 (2)submit such data to the data archive system under subsection (d), in accordance with any rules promulgated by the Secretary..
 8.Ocean acidification collaborative research grantsThe Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3701 et seq.) is amended by inserting after section 12406 the following:

				12406A.Ocean acidification collaborative research grants
 (a)DefinitionsIn this section: (1)Academic communityThe term academic community includes faculty and other representatives of institutions of higher education and other schools, researchers, scientists, and natural resource managers.
 (2)Seafood industryThe term seafood industry includes shellfish growers, shellfish harvesters, commercial fishermen, recreational fishermen, other members of the seafood harvesting or supply chain, and organizations representing any of such groups.
 (b)GrantsThe Secretary shall provide grants for collaborative research projects on ocean acidification developed and conducted through partnerships between the seafood industry and the academic community.
 (c)Criteria for approvalThe Secretary may not provide a grant for a project under this section unless the project is— (1)consistent with the themes identified under the strategic research plan developed by the Subcommittee under section 12405; and
 (2)designed to— (A)develop and support partnerships, communications, and shared understanding between the seafood industry and the academic community;
 (B)include the seafood industry in research on ocean acidification; (C)deliver research, monitoring, or adaptation results which will benefit both the seafood industry and the academic community;
 (D)incorporate into the research agenda the expertise of both the seafood industry, including their unique understanding of the natural environment, and the academic community;
 (E)promote better understanding of seafood industry research questions and priorities within the academic community;
 (F)promote wider understanding of ocean acidification among the academic community, the seafood industry, and other stakeholders as appropriate; and
 (G)include appropriately balanced support from both the seafood industry and the academic community. (d)PriorityThe Secretary shall prioritize funding under this section to projects which—
 (1)address ecosystems and communities vulnerable to the impacts of ocean acidification; (2)demonstrate support from local stakeholders, such as representatives of States or other governmental jurisdictions, community organizations, tribes, or educational institutions, as appropriate, located within the region in which the project will be undertaken; or
 (3)utilize seafood industry assets as research and monitoring platforms. (e)Implementation guidelinesNot later than 180 days after the date of enactment of this section, the Secretary, in collaboration with the Subcommittee, shall issue implementation guidelines under this section, including criteria and priorities for grants. Those guidelines shall be developed in consultation, as appropriate, with—
 (1)State, regional, and local decisionmakers with ocean acidification experience; (2)the seafood industry and other marine-dependent industries;
 (3)formal and informal educators, including both those within academia and those who are not; (4)tribes;
 (5)nongovernmental organizations involved in ocean acidification research, prevention, or adaptation; and
 (6)any other appropriate community stakeholders. (f)Contents of proposalsEach proposal for a grant under this section shall include—
 (1)a description of the qualifications of the individuals or entities who will conduct the project; (2)a plan for ensuring full participation and engagement of both industry and academic community participants, including a description of how each partner will contribute expertise to the project in terms of design, execution, and interpretation of results;
 (3)a plan for the dissemination of the results of the research project, which may include— (A)educational programs;
 (B)presentations to members of the seafood industry, the academic community, and community stakeholders;
 (C)scientific publication; and (D)delivery to appropriate representatives of States or other government jurisdictions who would use the information;
 (4)a description of how the project is consistent with the program elements described in section 12405(c); and
 (5)any other information the Secretary considers necessary for evaluating the eligibility of the project for funding under this section.
 (g)Alternative participantsThe Secretary may make a grant under this section to a partnership in which a marine-dependent industry is substituted for the seafood industry if the proposed project serves the purposes of this section. In such a case, the participation and interests of that marine-dependent industry shall be substituted for those of the seafood industry in applying the requirements of this section.
 (h)Project reportingEach grantee under this section shall provide periodic reports as required by the Secretary. Each such report shall include all information required by the Secretary for evaluating the progress and success of the project.
					(i)Matching requirements
 (1)In generalExcept as provided in paragraph (2), the total amount of Federal funding for a collaborative research project supported under this section may not exceed 85 percent of the total cost of such project. For purposes of this paragraph, the non-Federal share of project costs may be provided by in-kind contributions and other noncash support.
 (2)WaiverThe Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that no reasonable means are available through which applicants can meet the matching requirement and the probable benefit of such project outweighs the public interest in such matching requirement.
 (j)FundingOf the amount authorized to be appropriated by section 12409(a) for each of fiscal years 2020 through 2024, $5,000,000 shall be available to provide grants under this section..
 9.NSF ocean and coastal acidification activitiesSection 12407 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3706) is amended—
 (1)in the section heading, by inserting and coastal after ocean; (2)by inserting and coastal acidification after acidification each place it appears;
 (3)in subsection (a)— (A)in the matter preceding paragraph (1)—
 (i)by striking continue and all that follows through which shall; (ii)by striking proposals for research and inserting proposals for the researching; and
 (iii)by striking its impacts and inserting their impacts; (B)in paragraph (1), by striking marine ecosystems and inserting ecosystems;
 (C)in paragraph (2), by striking ; and at the end and inserting a semicolon; (D)in paragraph (3)—
 (i)by striking and its impacts and inserting and their impacts; and (ii)by striking the period at the end and inserting ; and; and
 (E)by adding at the end the following:  (4)adaptation and mitigation strategies to address socioeconomic effects of ocean acidification and coastal acidification.; and
 (4)by adding at the end the following:  (d)RequirementRecipients of grants from the National Science Foundation under this section that collect data described under section 12406(d) shall—
 (1)collect data in accordance with the standards, protocols, or procedures established pursuant to section 12406(e); and
 (2)submit such data to the Director and the Secretary, in accordance with any rules promulgated by the Director or the Secretary..
 10.NASA ocean and coastal acidification activitiesSection 12408 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3707) is amended—
 (1)in the section heading, by inserting and coastal after ocean; (2)in subsection (a)—
 (A)in the subsection heading, by inserting and coastal after ocean; and (B)in the text, by striking acidification and its impacts and inserting acidification and coastal acidification and their impacts;
 (3)in subsections (b) and (c), by inserting and coastal acidification after acidification each place it appears; and (4)by adding at the end the following:

 (d)RequirementResearchers from the National Aeronautics and Space Administration that collect data described under section 12406(d) shall—
 (1)collect such data in accordance with the standards, protocols, or procedures established pursuant to section 12406(e); and
 (2)submit such data to the Administrator and the Secretary, in accordance with any rules promulgated by the Administrator or the Secretary..
 11.Authorization of appropriationsSection 12409 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3708) is amended—
 (1)in subsection (a), by striking subtitle— and all that follows and inserting the following: subtitle $35,500,000 for each of fiscal years 2020 through 2024.; and (2)in subsection (b), by striking subtitle— and all that follows and inserting the following: subtitle $20,000,000 for each of fiscal years 2020 through 2024..
			12.Study examining the impact of ocean acidification and other environmental stressors on estuarine
			 environments
 (a)In generalNot later than 60 days after the date of enactment of this Act, the Secretary of Commerce shall make appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (referred to in this Act as the National Academies) under which the National Academies shall conduct a study that—
 (1)examines the existing science of ocean acidification in estuarine environments; (2)examines the challenges to studying ocean acidification and ocean acidification’s interactions with other environmental stressors in estuarine environments, including harmful algal blooms, nutrient loading, and hypoxia;
 (3)provides recommendations for improving future research with respect to ocean acidification in estuarine environments; and
 (4)identifies pathways for applying science in management and mitigation decisions relating to ocean acidification in estuarine environments.
 (b)Contents of studyThe study described under subsection (a) shall include— (1)the behavior of the carbonate system within estuarine environments;
 (2)the interactions of the carbonate system with other biotic and abiotic characteristics of estuarine ecosystems;
 (3)how environmental and anthropogenic changes or disturbances could affect abiotic and biotic processes within estuaries;
 (4)how estuarine biotic and abiotic processes will be affected under predicted environmental changes; (5)the current state of data collection, interpretation, storage, and retrieval and observational infrastructure of abiotic and biotic parameters in estuarine ecosystems;
 (6)the gaps that exist in understanding the socio-economic and health impacts of ocean acidification in estuaries;
 (7)future directions for scientific research; and (8)pathways for applying science in management and mitigation decisions.
 (c)ReportIn entering into an arrangement under subsection (a), the Secretary shall request that the National Academies transmit to Congress a report on the results of the study not later than 24 months after the date of enactment of this Act.
 (d)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $1,000,000.


 S190 ENR: Power And Security Systems (PASS) Act
U.S. Senate

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.

One Hundred Fifteenth Congress of the United States of America1st SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and
			 seventeenS. 190IN THE SENATE OF THE UNITED STATESAN ACTTo provide for consideration of the extension under the Energy Policy and Conservation Act of
			 nonapplication of No-Load Mode energy efficiency standards to certain
			 security or life safety alarms or surveillance systems, and for other
 purposes.1.Short titleThis Act may be cited as the Power And Security Systems (PASS) Act.2.Extension of nonapplication of no-load mode energy efficiency standard to certain security or life
 safety alarm or surveillance systems(a)Section 325(u)(3)(D)(ii) of the Energy Policy and Conservation Act (42 U.S.C. 6295(u)(3)(D)(ii)) is amended—(1)by striking 2015 each place it appears and inserting 2021; and(2)by striking 2017 and inserting 2023.(b)Section 325(u)(3)(E) of the Energy Policy and Conservation Act (42 U.S.C. 6295(u)(3)(E)) is amended—(1)in clause (ii), by striking July 1, 2017, and inserting the effective date of the amendment under subparagraph (D)(ii); and(2)by adding at the end the following:(iv)Treatment in ruleIn the rule under subparagraph (D)(ii) and subsequent amendments the Secretary may treat some or all external power supplies designed to be connected to a security or life safety alarm or surveillance system as a separate product class or may extend the nonapplication under clause (ii)..Speaker of the House of RepresentativesVice President of the United States and President of the Senate


117 S453 IS: Children’s Health Insurance Program Pandemic Enhancement and Relief Act
U.S. Senate
2021-02-25
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.

II117th CONGRESS1st SessionS. 453IN THE SENATE OF THE UNITED STATESFebruary 25, 2021Mr. Casey (for himself and Mr. Van Hollen) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo increase support for State Children's Health Insurance programs during the COVID–19 emergency, and for other purposes.1.Short titleThis Act may be cited as the Children’s Health Insurance Program Pandemic Enhancement and Relief Act or the CHIPPER Act.2.Increasing the CHIP enhanced FMAP to help States respond to the COVID–19 pandemicSection 2105(b) of the Social Security Act (42 U.S.C. 1397ee(b)) is amended—(1)by striking For purposes of subsection (a), and inserting the following:(1)In generalFor purposes of subsection (a),; (2)in the second sentence— (A)by inserting , subject to paragraph (2), after 23 percentage points, and; and(B)by striking September 30, 2020 and inserting September 30, 2022; and(3)by adding at the end the following new paragraph: (2)RequirementsDuring the period that begins on October 1, 2020, and ends on September 30, 2022, a State shall not receive the increase described in the second sentence of paragraph (1) to the enhanced FMAP for such State, with respect to a quarter that occurs during such period, if—(A)the amount of any premium imposed by the State under the State child health plan (or a waiver of such plan) during such quarter, with respect to an individual enrolled under such plan (or waiver), exceeds the amount of such premium as of January 1, 2020;(B)the State fails to provide that an individual who is enrolled for benefits under such plan (or waiver) as of the date of enactment of this paragraph or enrolls for benefits under such plan (or waiver) during the period beginning on such date of enactment and ending on the last day of the month in which the emergency period defined in paragraph (1)(B) of section 1135(g) ends shall be treated as eligible for such benefits through the end of the month in which such emergency period ends unless the individual requests a voluntary termination of eligibility or the individual ceases to be a resident of the State; (C)the State does not provide coverage under such plan (or waiver), without the imposition of cost sharing, during such quarter for any testing services and treatments for COVID–19, including vaccines, specialized equipment, and therapies;(D)the State imposes a waiting period under the State child health plan prior to the provision of child health assistance to a targeted low-income child; or(E)the State fails to take active measures (as determined by the Secretary) to identify and re-enroll children who are eligible for child health assistance under the State plan and who were previously enrolled in such plan..


117 HR 3699 IH: Toxic Free Food Act of 2021
U.S. House of Representatives
2021-06-04
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.

I117th CONGRESS1st SessionH. R. 3699IN THE HOUSE OF REPRESENTATIVESJune 4, 2021Ms. DeLauro introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo direct the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to update and clarify its rule on substances generally recognized as safe, and for other purposes.1.Short titleThis Act may be cited as the Toxic Free Food Act of 2021. 2.Directed rulemaking regarding substances generally recognized as safe(a)Directed rulemaking(1)In generalThe Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall—(A)not later than 180 days after the date of enactment of this Act, publish a proposed revision to the final rule titled Substances Generally Recognized as Safe, published by the Food and Drug Administration on August 17, 2016 (81 Federal Register 54960 et seq.); and(B)not later than 90 days after the close of the period for public comment on the revision proposed pursuant to subparagraph (A), publish a final revision to such final rule.(2)ContentsThe revision required by paragraph (1) shall include each of the following:(A)The revision shall prohibit a manufacturer from marketing a substance as GRAS, or manufacturing or selling food that contains a substance the manufacturer has determined to be GRAS, unless—(i)the Secretary has received notice that the manufacturer has determined such substance to be GRAS; and(ii)the manufacturer has provided the Secretary with supporting information sufficient to understand the basis of the determination, including, as required by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)—(I)the cumulative effects of the substance, as required under section 409 of such Act (21 U.S.C. 348);(II)an adequately protective use of safety factors; and(III)application of a margin of safety to take into account the impacts of exposures during critical windows of development and on vulnerable populations.(B)The revision shall require the Secretary—(i)to make each determination that is submitted pursuant to subparagraph (A)(i), and the supporting information submitted pursuant to subparagraph (A)(ii), publicly available on the website of the Food and Drug Administration; and(ii)provide a period of at least 90 days for the Secretary and the public to review each such determination and object, if appropriate, in order to ensure that the substance involved is safe taking into account the factors in listed in section 409(c)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(c)(5)).(C)The revision shall clarify that newly synthesized or novel chemical substances cannot be GRAS.(D)The revision shall clarify that carcinogenic substances cannot be GRAS.(E)The revision shall—(i)prohibit the Secretary from relying on the determination of experts with conflicts of interest when determining a substance to be GRAS; and(ii)incorporate the recommendations in the draft guidance titled Best Practices for Convening a GRAS Panel, issued by the Food and Drug Administration in November, 2017, and measures to strengthen the recommendations in such guidance.(F)The revision shall create a process that requires the Secretary to systematically reassess any substance that was determined to be GRAS if such determination did not meet the revised standards for such a determination.(b)Food Advisory CommitteeNot later than 180 days after the date of enactment of this Act, the Secretary shall—(1)reestablish the Food Advisory Committee to work with the Secretary on the reassessment standards, process, and methods necessary to complete the work described in subsection (a)(2)(F); and(2)provide such Committee with such staffing and resources as are necessary to complete such work.(c)DefinitionsIn this subsection:(1)The term GRAS means, with respect to a substance, generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures (or, in the case of a substance used in food prior to January 1, 1958, through either scientific procedures or experience based on common use in food) to be safe under the conditions of its intended use, as described in section 201(s) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).(2)The term Secretary means the Secretary of Health and Human Services.


		II
		109th CONGRESS
		2d Session
		S. 3481
		IN THE SENATE OF THE UNITED
		  STATES

			June 8, 2006
			Mr. Thune introduced the
			 following bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To require the Government Accountability
		  Office to submit a report to Congress on the compliance of the Postal Service
		  with procedural requirements in the closing of the postal sorting facility in
		  Aberdeen, South Dakota, and for other purposes.

		1.Report on the postal sorting
			 facility in Aberdeen, South Dakota
			(a)In
			 GeneralNot later than 1 year
			 after the date of enactment of this Act, the Government Accountability Office
			 shall submit a report on the compliance of the Postal Service with procedural
			 requirements in the closing of the postal sorting facility in Aberdeen, South
			 Dakota to—
				(1)the Committee on Homeland Security and
			 Governmental Affairs of the Senate; and
				(2)the Committee on Government Reform of the
			 House of Representatives.
				(b)ContentsThe report submitted under subsection (a)
			 shall include an evaluation of—
				(1)the compliance of the Postal Service with
			 the requirements of section 404(b) of title 39, United States Code, (or any
			 other statutory or regulatory requirement) with respect to the closing of the
			 postal sorting facility in Aberdeen, South Dakota; and
				(2)changed circumstances that have occurred at
			 the postal sorting facility in Aberdeen, South Dakota since February 1993 (the
			 date on which the Government Accountability Office submitted a report to the
			 Senate on that faclility) that may impact a reconsideration of the
			 determination to close that facility.
				(c)Operation of
			 the postal sorting facilityDuring the period from the date of
			 enactment of this Act through the date occurring 60 days after the date of the
			 submission of the report required by this Act, the Postal Service may not take
			 any action to close the postal sorting facility in Aberdeen, South
			 Dakota.


117 HR 2093 : Veterans and Family Information Act
U.S. House of Representatives

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.

IIB117th CONGRESS1st SessionH. R. 2093IN THE SENATE OF THE UNITED STATESJune 16, 2021Received; read twice and referred to the Committee on Veterans' AffairsAN ACTTo direct the Secretary of Veterans Affairs to make all fact sheets of the Department of Veterans Affairs available in English, Spanish, and Tagalog, and other commonly spoken languages, and for other purposes.1.Short titleThis Act may be cited as the Veterans and Family Information Act.2.Fact sheets(a)LanguagesThe Secretary of Veterans Affairs shall make available versions of all fact sheets of the Department of Veterans Affairs in—(1)English;(2)Spanish;(3)Tagalog; and(4)each of the 10 most commonly spoken languages, other than English, in the United States that are not otherwise covered by paragraphs (2) and (3).(b)WebsiteThe Secretary of Veterans Affairs shall establish and maintain a publicly available website of the Department of Veterans Affairs that contains links to all fact sheets of the Veterans Benefits Administration, Veterans Health Administration, and of the National Cemetery Administration. The website shall be accessible by a clearly labeled hyperlink on the homepage of the Department.(c)ReportNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit a report to Congress regarding fact sheets described in subsection (a) and details of the Language Access Plan of the Department of Veteran Affairs. The report shall include the following:(1)What the Secretary determines constitutes a fact sheet of the Department for purposes of this Act.(2)How such fact sheets are utilized and distributed other than on and through the website of the Department.(3)How such Language Access Plan is communicated to veterans, family members of veterans, and caregivers.(4)The roles and responsibilities of patient advocates in the coordination of care for veterans with limited English proficiency, family members of such veterans, and caregivers.(5)Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency.Passed the House of Representatives June 15, 2021.Cheryl L. Johnson,Clerk.


		I
		111th CONGRESS
		2d Session
		H. R. 4634
		IN THE HOUSE OF REPRESENTATIVES

			February 22, 2010
			Mr. Brown of South
			 Carolina (for himself, Mr.
			 McIntyre, Mr. Wilson of South
			 Carolina, Mr. Mica,
			 Mr. Barrett of South Carolina,
			 Mr. Jones, and
			 Ms. Kosmas) introduced the following
			 bill; which was referred to the Committee
			 on Natural Resources

		A BILL
		To limit the authority of the Secretary of Commerce to
		  implement certain fishery closures unless the Secretary certifies that closure
		  is the only option available for maintaining a fishery at a sustainable level,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Transparency in Job Loss from Fishery
			 Closures Act of 2010.
		2.Secretarial
			 requirements
			(a)Certification
			 requirementThe Secretary may not implement a closure of a
			 directed fishery pursuant to the Magnuson-Stevens Fishery Conservation and
			 Management Act (16 U.S.C. 1801 et seq.) that would have a direct or indirect
			 affect of at least $50,000 on each of more than 25 small businesses that do
			 business related to the recreational, charter, or commercial fishing industries
			 involved in the fishery being closed, unless the Secretary has certified
			 that—
				(1)the fishery
			 closure is the only option available for maintaining the fishery at a
			 sustainable level;
				(2)the stock
			 assessment for the fishery has been updated and peer reviewed within the
			 preceding 3-year period; and
				(3)the stock
			 assessment was developed using at least 2 models that were subjected to outside
			 peer review prior to such use.
				(b)Application to
			 existing closuresThe Secretary shall—
				(1)review any fishery
			 closure for which notice was published in the Federal Register within the
			 12-month period preceding the date of enactment of this Act, and—
					(A)within the 60-day
			 period beginning on such date of enactment, make the certification described in
			 subsection (a)(1) with respect to such closure; or
					(B)within the 90-day
			 period beginning on such date of enactment, review and implement options other
			 than closure for maintaining the fishery at a sustainable level;
					(2)review the effects
			 of each such closure on coastal communities, including—
					(A)the direct and
			 indirect impact of the closure on all affected small businesses in such
			 communities;
					(B)the job losses as
			 a result of the closure that have already occurred in such communities;
			 and
					(C)the job losses as
			 a result of the closure that are expected to occur in such communities within
			 the 1-year period beginning on the date the review is initiated; and
					(3)report to Congress
			 on the actions taken under this subsection for each such closure.
				3.Report to
			 CongressThe Secretary shall
			 report to Congress by not later than 120 days after the date of enactment of
			 this Act on—
			(1)the number of
			 fishery closures that were established within the 5-year period preceding such
			 date of enactment;
			(2)the reason for
			 each such closure;
			(3)the duration of
			 each such closure;
			(4)the impact of each such closure on coastal communities; and
			(5)the expected
			 duration of each such closure.
			4.DefinitionsIn this Act:
			(1)FisheryThe term fishery has the
			 meaning that term has in the Magnuson-Stevens Fishery Conservation and
			 Management Act (16 U.S.C. 1801 et seq.).
			(2)SecretaryThe
			 term Secretary means the Secretary of Commerce, acting through
			 the National Oceanic and Atmospheric Administration.
			(3)Small
			 businessThe term small business means any
			 business that has had gross revenues of less than $500,000 per year for a
			 minimum of three years.


109 HR 4086 IH: To amend the Internal Revenue Code of 1986 to provide a tax credit for health insurance costs of eligible disaster relief recipients.
U.S. House of Representatives
2005-10-19
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
109th CONGRESS
1st Session
H. R. 4086
IN THE HOUSE OF REPRESENTATIVES

October 19, 2005
Mr. Jindal introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to provide a tax credit for health insurance costs of eligible disaster relief recipients.

1.Credit for health insurance costs of eligible disaster relief recipients
(a)In generalSection 35 of the Internal Revenue Code of 1986 (relating to health insurance costs of eligible individuals) is amended by adding at the end the following new subsection:

(h)Application to disaster victims
(1)In generalAn eligible disaster relief recipient shall be treated as an eligible individual for purposes of this section and section 7527.
(2)Special rulesIn the case of an eligible disaster relief recipient, for purposes of this section and section 7527—
(A)12 month limitationOnly the first 12 months that an individual is an eligible disaster relief recipient shall be treated as eligible coverage months.
(B)Qualified health insuranceSubject to subsection (e)(3), the term qualified health insurance means—
(i)any group or individual health insurance plan or policy under which the individual and any qualifying family members taken into account under this section were covered during the 7-day period described in paragraph (3) with respect to such eligible disaster relief recipient, and
(ii)in the case of the subsequent non-renewal, cancellation, or termination (other than voluntarily by the individual), of any plan or policy described in clause (i), any successor or conversion plan or policy offered by an insurer, a plan sponsor, or a State program, to the individual in accordance with any applicable provision of Federal or State law.
(C)Qualified health insurance costs credit eligibility certificateThe statement described in section 7527(d) shall be treated as a qualified health insurance costs credit eligibility certificate only if certified by the Director of the Federal Emergency Management Agency (or by any other person or entity designated by the Secretary).
(3)Eligible disaster relief recipientFor purposes of this subsection, the term eligible disaster relief recipient means any individual—
(A)whose primary residence, business, or primary worksite was located in a qualified disaster area, at any time during the 7-day period ending on the date that the President makes the determination described in paragraph (4) with respect to such area, or
(B)whose employer conducted an active trade or business in a qualified disaster area during such period and, because of damage to the employer caused by the disaster, subsequently terminated the individual’s employment.
(4)Qualified disaster areaFor purposes of this subsection, the term qualified disaster area means any area—
(A)with respect to which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and
(B)which is determined by the President to warrant individual or individual and public assistance from the Federal Government under the such Act..
(b)Effective dateThe amendment made by this section shall apply to taxable years ending on or after August 28, 2005.


116 HR 7161 IH: COVID–19 Memorial Quilt Act of 2020
U.S. House of Representatives
2020-06-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7161IN THE HOUSE OF REPRESENTATIVESJune 11, 2020Mr. Carson of Indiana (for himself, Mr. Rush, Ms. Moore, Ms. Kaptur, Ms. Blunt Rochester, Ms. Norton, Mrs. Carolyn B. Maloney of New York, Mr. Cicilline, Mr. Visclosky, Ms. Johnson of Texas, Ms. Lee of California, Mr. Hastings, Mr. Lewis, Ms. Wilson of Florida, and Mr. Kennedy) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo direct the Smithsonian Institution and the American Folklife Center at the Library of Congress to jointly carry out the COVID–19 Pandemic Memorial Quilt Project to honor and remember Americans who have lost their lives to the COVID–19 Pandemic, and for other purposes.1.Short titleThis Act may be cited as the COVID–19 Memorial Quilt Act of 2020.2.COVID–19 Pandemic Memorial Quilt Project(a)Establishment and operationThe Secretary of the Smithsonian Institution and the Director of the American Folklife Center at the Library of Congress shall jointly carry out a project to be known as the COVID–19 Pandemic Memorial Quilt Project to honor and remember Americans who have lost their lives to the COVID–19 Pandemic.(b)Scope of ProjectUnder the Project, the Secretary and the Director shall—(1)provide for the design, creation, and display of a memorial quilt consisting of individual panels in memory of those who have lost their lives to the COVID–19 Pandemic; and(2)carry out other commemorative programming and exhibits to honor the victims of the COVID–19 Pandemic.(c)Specifics of memorial quilt(1)SpecificsIn providing for the design, creation, and display of the memorial quilt described in subsection (b)(1), the Secretary and Director shall provide for the following:(A)The design and creation of the quilt.(B)Agreements with the Architect of the Capitol for the first display of the quilt to be held on the United States Capitol Grounds.(C)Agreements with the National Park Service for the second display of the quilt to be held on the National Mall.(D)Agreements with museums, institutions of higher education, and other appropriate persons to display portions of the quilt, and to provide such museums, institutions, and other persons with educational materials relating to the creation of the quilt and the history of the Pandemic.(E)Making information on the quilt available on the official public website of the Smithsonian Institution and the American Folklife Center at the Library of Congress.(F)The provision for the appropriate storage and preservation of the quilt.(2)Assistance to artists from National Endowment for the ArtsThere are authorized to be appropriated to the National Endowment for the Arts such sums as may be necessary for the Chairperson of the National Endowment for the Arts to make grants-in-aid to individual artists under section 5(c) of the National Foundation of the Arts and the Humanities Act of 1965 (20 U.S.C. 954(c)) to assist such artists with the design and preparation of panels for the quilt described in subsection (b)(1).(d)Plan of Congressional Advisory PanelThe Secretary and the Director shall carry out the Project in accordance with the plan submitted by the Congressional Advisory Panel on Honoring Victims of the COVID–19 Pandemic under section 3.(e)Ensuring participation of Native Americans and residents of territoriesIn carrying out the Project, the Secretary and the Director shall take steps to ensure the participation of Native Americans, tribal nations, and residents of territories and possessions of the United States.3.Congressional Advisory Panel on Honoring Victims of COVID–19 Pandemic(a)EstablishmentThere is established the Congressional Advisory Panel on Honoring Victims of the COVID–19 Pandemic.(b)Membership(1)In generalThe Advisory Panel shall be composed of—(A)25 members appointed by the chair of the Committee on Transportation and Infrastructure of the House of Representatives in consultation with the ranking minority member of the Committee and the chair and ranking minority member of the Committee on House Administration of the House of Representatives; and(B)the Secretary of the Smithsonian Institution and the Director of the American Folklife Center at the Library of Congress, who shall each serve as an ex officio member.(2)QualificationsThe members of the Advisory Panel who are appointed under subparagraph (A) of paragraph (1) shall include public health experts, public health advocates, educators, researchers, families and individuals affected by the COVID–19 Pandemic, public health workers including physicians and nurses, elected leaders of local governments, representatives of communities that are heavily affected by the Pandemic, and front-line personnel.(3)DeadlineThe members of the Advisory Panel shall be appointed not later than 90 days after the date of the enactment of this Act.(4)CompensationMembers of the Advisory Panel shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.(5)VacancyA vacancy in the Advisory Panel shall be filled in the same manner as the original appointment was made.(c)Staff(1)AppointmentThe Advisory Panel shall appoint and fix the pay of such personnel as it considers appropriate.(2)Nonapplicability of certain civil service lawsThe staff of the Advisory Panel may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay for GS–15 of the General Schedule.(3)Experts and consultantsThe Advisory Panel may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.(4)Staff of Federal agenciesUpon request of the Advisory Panel, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Advisory Panel to assist it in carrying out its duties under this Act(d)Plan for carrying out Project(1)PlanThe Advisory Panel shall develop and submit to the Secretary of the Smithsonian Institution and the Director of the American Folklife Center at the Library of Congress a plan for the Secretary and Director to carry out the COVID–19 Pandemic Memorial Quilt Project under section 2.(2)DeadlineThe Advisory Panel shall submit the plan under this subsection to the Secretary and the Director not later than 1 year after the appointment of all of its members.(e)Administrative support servicesUpon the request of the Advisory Panel, the Administrator of General Services shall provide to the Advisory Panel, on a reimbursable basis, the administrative support services necessary for the Advisory Panel to carry out its responsibilities under this Act.(f)TerminationThe Advisory Panel shall terminate 6 months after submitting the plan under this section.4.Authorization of appropriationsIn addition to the sums authorized to be appropriated to the National Endowment for the Arts under section 2(c)(2), there are authorized to be appropriated such sums as may be necessary to carry out this Act.


113 HR 3956 IH: Community Investment and Empowerment Act
U.S. House of Representatives
2014-01-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I113th CONGRESS2d SessionH. R. 3956IN THE HOUSE OF REPRESENTATIVESJanuary 28, 2014Ms. Kelly of Illinois introduced the following bill; which was referred to the Committee on Small BusinessA BILLTo amend the Small Business Investment Act of 1958 to authorize the Small Business Administrator to make grants for economic growth, business retention and business recruitment to economically underserved communities.1.Short titleThis Act may be cited as the Community Investment and Empowerment Act.2.PurposeThe purpose of this Act is to assist with the economic growth of economically disadvantaged communities that have potential for strong Class 1 commercial investment, but continue to have a difficult time recruiting Class 1 commercial investment.3.Economic growth, retention, and recruitment of commercial investment in underserved communitiesThe Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) is amended by adding at the end the following new title:VIECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL INVESTMENT IN ECONOMICALLY DISADVANTAGED COMMUNITIES511.Grant program(a)AuthorizationFrom amounts appropriated under section 513, the Administrator shall make grants on a competitive basis to communities for—(1)the creation of a grant and/or revolving loan fund program that helps develop financing packages for Class 1 commercial investment;(2)lowering real estate property tax rates;(3)conducting community-wide market analysis to help recruit and/or retain Class 1 commercial investment;(4)creating employment training programs for Class 1 business customer service, sales, and managerial positions;(5)retail marketing strategies to solicit new Class 1 commercial investment starts in the community;(6)program allowances for activities such as the publication of marketing materials, development of economic development web pages, and educational outreach activities with retail trade associations; and(7)hiring business recruitment specialists.(b)EligibilityThe Administrator may only make a grant under subsection (a) to communities that—(1)demographics include—(A)a median per capita income no higher than $35,000; and(B)a lack of Class 1 commercial investment; and(2)submit an application at such time, in such form, and containing such information and assurances as the Administrator may require, including—(A)a description of how the community through the activities the community carries out with the grant funds will recruit, retain and grow their economy through Class 1 commercial investment; and(B)a description of the difficulty the community has faced recruiting, retaining and growing their economy through Class 1 commercial investment.(c)Matching funds(1)In generalThe Administrator may not make a grant to a community under subsection (a) unless the community agrees that, with respect to the costs to be incurred by the community in carrying out the activities for which the grant is awarded, the community will make available non-Federal contributions in an amount equal to not less than 10 percent of the Federal funds provided under the grant.(2)Satisfying matching requirementsThe non-Federal contributions required under paragraph (1) may be—(A)in cash or in-kind, including services, fairly evaluated; and(B)from—(i)any private source;(ii)a State or local governmental entity; or(iii)a not-for-profit.(3)WaiverThe Administrator may waive or reduce the non-Federal contribution required by paragraph (1) if the community involved demonstrates that the eligible entity cannot meet the contribution requirement due to financial hardship.(d)LimitationsFunding appropriated under section 513 will be allocated by the following formula—(1)no more than up to 5 percent of funds appropriated under section 513 shall go to administrative costs;(2)up to 70 percent of funding appropriated under section 513 shall go toward activities described in sections (a)(1) through (a)(4) after taking into account administrative costs under section (c)(1)(A); and(3)30 percent of funding appropriated under section 513 shall go toward activities described in sections (a)(5) through (a)(7) after taking into account administrative costs under section (c)(1)(A).512.DefinitionsIn this title, the following definitions apply:(1)CommunityThe term community means a governance structure that includes county, parish, city, village, township, district or borough.(2)Class 1 commercial investmentThe term Class 1 commercial investment means retail grocery chains, food service retailers, restaurants and franchises, retail stores, cafes, shopping malls, and other shops.(3)economically underserved communityThe term economically underserved community means an area suffering from low income and resultant low purchasing power, limiting its ability to generate sufficient goods and services to be used in exchange with other areas to meet current consumption needs.513.Authorization of appropriationsThere is authorized to be appropriated to the Administrator to carry out section 511(a) $40,000,000 for each of fiscal years 2014 through 2019..


		II
		112th CONGRESS
		2d Session
		S. 3176
		IN THE SENATE OF THE UNITED STATES

			May 14, 2012
			Mr. Webb (for himself
			 and Mr. Lee) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Foreign
			 Relations

		A BILL
		To provide that the President must seek congressional
		  approval before engaging members of the United States Armed Forces in military
		  humanitarian operations.

		1.Short
			 titleThis Act may be cited as
			 the Military Humanitarian Operations
			 Act of 2012.
		2.Military
			 humanitarian operation defined
			(a)In
			 generalIn this Act, the term military humanitarian
			 operation means a military operation involving the deployment of members
			 or weapons systems of the United States Armed Forces where hostile activities
			 are reasonably anticipated and with the aim of preventing or responding to a
			 humanitarian catastrophe, including its regional consequences, or addressing a
			 threat posed to international peace and security. The term includes—
				(1)operations
			 undertaken pursuant to the principle of the “responsibility to protect” as
			 referenced in United Nations Security Council Resolution 1674 (2006);
				(2)operations
			 specifically authorized by the United Nations Security Council, or other
			 international organizations; and
				(3)unilateral
			 deployments and deployments made in coordination with international
			 organizations, treaty-based organizations, or coalitions formed to address
			 specific humanitarian catastrophes.
				(b)Operations not
			 includedThe term military humanitarian operation
			 does not mean a military operation undertaken for the following
			 purposes:
				(1)Responding to or
			 repelling attacks, or preventing imminent attacks, on the United States or any
			 of its territorial possessions, embassies, or consulates, or members of the
			 United States Armed Forces.
				(2)Direct acts of
			 reprisal for attacks on the United States or any of its territorial
			 possessions, embassies, or consulates, or members of the United States Armed
			 Forces.
				(3)Invoking the
			 inherent right to individual or collective self-defense in accordance with
			 Article 51 of the Charter of the United Nations.
				(4)Military missions
			 to protect or rescue United States citizens or military or diplomatic personnel
			 abroad.
				(5)Carrying out
			 treaty commitments to directly aid allies in distress.
				(6)Humanitarian
			 missions in response to natural disasters where no civil unrest or combat with
			 hostile forces is reasonably anticipated, and where such operation is for a
			 limited duration.
				(7)Actions to
			 maintain maritime freedom of navigation, including actions aimed at combating
			 piracy.
				(8)Training
			 exercises conducted by the United States Armed Forces abroad where no combat
			 with hostile forces is reasonably anticipated.
				3.Requirement for
			 congressional authorization
			(a)Authorization
			 requiredThe President may not deploy members of the United
			 States Armed Forces into the territory, airspace, or waters of a foreign
			 country for a military humanitarian operation not previously authorized by
			 statute unless—
				(1)the President
			 submits to Congress a formal request for authorization to use members of the
			 Armed Forces for the military humanitarian operation; and
				(2)Congress enacts a
			 specific authorization for such use of forces.
				(b)Joint
			 resolution of approval
				(1)Introduction
			 and placement on calendarIf the President submits a formal
			 request under subsection (a)(1) for authorization to use members of the Armed
			 Forces for a military humanitarian operation, then within 1 calendar day of
			 such request, the majority leader of the Senate and the Speaker of the House of
			 Representatives shall introduce an identical joint resolution in the Senate and
			 the House of Representatives calling for consideration of the military
			 humanitarian operation and shall place such resolution directly on the calendar
			 of the respective House.
				(2)Floor
			 consideration
					(A)In
			 generalIt shall be in order for any Member of the respective
			 House to move to proceed to the consideration of a resolution introduced under
			 paragraph (1), and all points of order against the resolution (and against
			 consideration of the resolution) are waived. The motion is highly privileged in
			 the House of Representatives and is privileged in the Senate and is not
			 debatable. The motion is not subject to amendment, to a motion to postpone, or
			 to a motion to proceed to the consideration of other business. A motion to
			 reconsider the vote by which the motion is agreed to or disagreed to shall not
			 be in order. If a motion to proceed to the consideration of the resolution is
			 agreed to, the resolution shall remain the unfinished business of the
			 respective House until disposed of.
					(B)DebateDebate
			 on the resolution, and on all debatable motions and appeals in connection
			 therewith, shall be limited to not more than 4 hours, which shall be divided
			 equally between those favoring and those opposing the resolution. A motion
			 further to limit debate is in order and not debatable. An amendment to, or a
			 motion to postpone, or a motion to proceed to the consideration of other
			 business, or a motion to recommit the resolution is not in order. A motion to
			 reconsider the vote by which the resolution is agreed to or disagreed to is not
			 in order.
					(C)Vote on final
			 passageImmediately following the conclusion of the debate on the
			 resolution, and a single quorum call at the conclusion of the debate if
			 requested in accordance with the rules of the appropriate House, the vote on
			 final passage of the resolution shall occur. The vote shall occur not later
			 than 48 hours after submission of a formal request under subsection (a)(1),
			 unless the President waives such deadline, in which case the vote in each House
			 shall occur on the next calendar day each respective House is in
			 session.
					(D)Rulings of the
			 chair on procedureAppeals from the decisions of the Chair
			 relating to the application of the rules of the Senate or the House of
			 Representatives, as the case may be, to the procedure relating to a resolution
			 described in paragraph (1) shall be decided without debate.
					(3)Coordination
			 with action by other HouseIf, before the passage by one House of
			 a resolution of that House described in paragraph (1), that House receives from
			 the other House a resolution described in paragraph (1)—
					(A)the resolution of
			 the other House shall not be referred to a committee; and
					(B)with respect to
			 the resolution of the House receiving the resolution, the procedure in the
			 receiving House shall be the same as if no joint resolution had been received
			 from the other House until the vote on final passage, when the joint resolution
			 received from the other House shall supplant the joint resolution of the
			 receiving House.
					(4)Rules of House
			 of Representatives and SenateThis subsection is enacted by
			 Congress—
					(A)as an exercise of
			 the rulemaking power of the Senate and House of Representatives, respectively,
			 and as such it is deemed a part of the rules of each House, respectively, but
			 applicable only with respect to the procedure to be followed in that House in
			 the case of a resolution described in paragraph (1), and it supersedes other
			 rules only to the extent that it is inconsistent with such rules; and
					(B)with full
			 recognition of the constitutional right of either House to change the rules (so
			 far as relating to the procedure of that House) at any time, in the same manner
			 and to the same extent as in the case of any other rule of that House.
					4.SeverabilityIf any provision of this Act is held to be
			 unconstitutional, the remainder of the Act shall not be affected.


		One Hundred Tenth Congress of the United States of
		  America
		2d SessionBegun and held at the City of Washington on Thursday, the third
		day of January, two thousand and eight
		S. 2571
		IN THE SENATE OF THE UNITED
		  STATES
		AN ACT
		To make technical corrections to the
		  Federal Insecticide, Fungicide, and Rodenticide Act.

		1.Technical corrections to the Federal
			 Insecticide, Fungicide, and Rodenticide Act
			(a)Pesticide Registration Service
			 FeesSection 33 of the
			 Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8) is
			 amended—
				(1)in subsection (b)(7)—
					(A)in subparagraph (D)—
						(i)by striking clause (i) and inserting the
			 following:

								(i)In generalThe Administrator may exempt from, or waive
				a portion of, the registration service fee for an application for minor uses
				for a pesticide.
								;
				and
						(ii)in clause (ii), by inserting or
			 exemption after waiver; and
						(B)in subparagraph (E)—
						(i)in the paragraph heading, by striking
			 Waiver and inserting
			 Exemption;
						(ii)by striking waive the registration
			 service fee for an application and inserting exempt an
			 application from the registration service fee; and
						(iii)in clause (ii), by striking
			 waiver and inserting exemption; and
						(2)in subsection (m)(2), by striking
			 2008 each place it appears and inserting
			 2012.
				(b)Effective
			 DateThe amendments made by
			 subsection (a) take effect on October 1, 2007.

			Speaker of the House of Representatives

			Vice President of the United States and President of the
			 Senate


		I
		112th CONGRESS
		1st Session
		H. R. 3455
		IN THE HOUSE OF REPRESENTATIVES

			November 17, 2011
			Mr. Palazzo (for
			 himself, Mr. Holden,
			 Mr. Bartlett,
			 Mr. Thompson of Mississippi,
			 Mr. Westmoreland,
			 Mr. Latham,
			 Mr. LoBiondo,
			 Mr. Nunnelee, and
			 Mr. Harper) introduced the following
			 bill; which was referred to the Committee
			 on Armed Services

		A BILL
		To amend title 10, United States Code, to include the
		  Chief of the National Guard Bureau as a member of the Joint Chiefs of Staff and
		  to reestablish the position of Vice Chief of the National Guard
		  Bureau.

		1.Membership of the Chief of
			 the National Guard Bureau on the Joint Chiefs of Staff
			(a)Membership on
			 Joint Chiefs of StaffSection 151(a) of title 10, United States
			 Code, is amended by adding at the end the following new paragraph:

					(7)The Chief of the National Guard
				Bureau.
					.
			(b)Conforming
			 amendmentsSection 10502 of such title, as amended by section
			 2(b)(1) of this Act, is further amended—
				(1)by redesignating subsection (d) as
			 subsection (e); and
				(2)by inserting after subsection (c) the
			 following new subsection (d):

						(d)Member of Joint
				Chiefs of StaffThe Chief of
				the National Guard Bureau shall perform the duties prescribed for him or her as
				a member of the Joint Chiefs of Staff under section 151 of this
				title.
						.
				2.Reestablishment of
			 position of Vice Chief of the National Guard Bureau and termination of position
			 of Director of the Joint Staff of the National Guard Bureau
			(a)Reestablishment
			 and termination of positionsSection 10505 of title 10, United
			 States Code, is amended to read as follows:

					10505.Vice Chief of
				the National Guard Bureau
						(a)Appointment(1)There is a Vice Chief of the National Guard
				Bureau, selected by the Secretary of Defense from officers of the Army National
				Guard of the United States or the Air National Guard of the United States
				who—
								(A)are recommended for such appointment
				by their respective Governors or, in the case of the District of Columbia, the
				commanding general of the District of Columbia National Guard;
								(B)have had at least 10 years of
				federally recognized service in an active status in the National Guard;
				and
								(C)are in a grade above the grade of
				brigadier general.
								(2)The Chief and Vice Chief of the
				National Guard Bureau may not both be members of the Army or of the Air
				Force.
							(3)(A)Except as provided in
				subparagraph (B), an officer appointed as Vice Chief of the National Guard
				Bureau serves for a term of four years, but may be removed from office at any
				time for cause.
								(B)The term of the Vice Chief of the
				National Guard Bureau shall end within a reasonable time (as determined by the
				Secretary of Defense) following the appointment of a Chief of the National
				Guard Bureau who is a member of the same armed force as the Vice Chief.
								(b)DutiesThe
				Vice Chief of the National Guard Bureau performs such duties as may be
				prescribed by the Chief of the National Guard Bureau.
						(c)GradeThe
				Vice Chief of the National Guard Bureau shall be appointed to serve in the
				grade of lieutenant general.
						(d)Functions as
				Acting ChiefWhen there is a vacancy in the office of the Chief
				of the National Guard Bureau or in the absence or disability of the Chief, the
				Vice Chief of the National Guard Bureau acts as Chief and performs the duties
				of the Chief until a successor is appointed or the absence of disability
				ceases.
						.
			(b)Conforming
			 amendments
				(1)Section 10502 of
			 such title is amended by striking subsection (e).
				(2)Section
			 10506(a)(1) of such title is amended by striking and the Director of the
			 Joint Staff of the National Guard Bureau and inserting and the
			 Vice Chief of the National Guard Bureau.
				(c)Clerical
			 amendments
				(1)Heading
			 amendmentThe heading of section 10502 of such title is amended
			 to read as follows:

						10502. Chief of the National Guard Bureau:
				appointment; advisor on National Guard matters;
				grade
						.
				(2)Table of
			 sectionsThe table of sections at the beginning of chapter 1011
			 of such title is amended—
					(A)by striking the
			 item relating to section 10502 and inserting the following new item:

								10502. Chief of the National Guard Bureau:
				appointment; advisor on National Guard matters;
				grade.

							;

						and(B)by striking the
			 item relating to section 10505 and inserting the following new item:

								10505. Vice Chief of the National Guard
				Bureau.

							.