[House Document 111-116]
[From the U.S. Government Publishing Office]
111th Congress, 2d Session - - - - - - - - - - - - House Document 111-116
A REQUEST FOR BUDGET AMENDMENTS FOR FISCAL YEAR 2011
__________
COMMUNICATION
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
A REQUEST FOR BUDGET AMENDMENTS FOR FISCAL YEAR 2010 PROPOSALS IN THE
FISCAL YEAR 2011 BUDGET FOR THE DEPARTMENT OF HOMELAND SECURITY
May 14, 2010.--Referred to the Committee on Appropriations and ordered
to be printed
The White House,
Washington, May 12, 2010.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam Speaker: The oil spill in the Gulf of Mexico is
a massive and potentially unprecedented environmental disaster
that can seriously damage the economy and environment of our
Gulf States and jeopardize the livelihoods of thousands of
Americans who live throughout the Gulf region.
That is why since the initial explosion on the drilling rig
occurred, the Federal Government has launched and coordinated a
unified and relentless response to this crisis.
From day one of this spill, we made preparations to stage
equipment and personnel for a worst-case scenario, and there is
underway a sustained, multi-agency response to this disaster.
My Administration and I will not rest--or be satisfied--until
the leak is stopped at the source, the oil on the Gulf is
contained and cleaned up, and the people of this region are
able to go back to their lives and livelihoods.
Part of that effort is to hold BP, and other responsible
parties in this spill, accountable for the crisis. The Federal
Government will aggressively pursue full compensation for the
containment and clean up, as well as any damages incurred
because of this spill.
At the same time, I will spare no effort to clean up
whatever damage is caused, assist those whose livelihoods have
been affected by this spill, and restore the Gulf coast. We
cannot allow the potentially protracted pursuit of claims to
prevent us from swift action to help those harmed by this
spill.
That is why I ask the Congress to consider the enclosed
amendment to Fiscal Year (FY) 2010 proposals in my FY 2011
Budget.
The amendment includes General Provision proposals for the
Departments of Labor, Agriculture, Commerce, Justice, the
Interior, Health and Human Services, Homeland Security, and the
Treasury, and the Environmental Protection Agency. I request
these proposals be considered as emergency requirements, since
this request responds to urgent and essential needs.
The details of this request are set forth in the enclosed
letter from the Director of the Office of Management and
Budget. Together, these amendments will provide critical funds
and authorities needed to respond to this spill as well as
changes to current law to better prepare the Nation for any
future spills.
The people of the Gulf region--the hardworking individuals,
families, and business owners--have already begun to incur
significant economic losses due to this disaster. They face the
prospect of greater losses as the full impact becomes clear, in
large part because of the unique relationship between their
traditional livelihoods and the fragile environment. The Gulf
coast is one of the richest and most beautiful ecosystems on
the planet, and for centuries, its residents have enjoyed and
made a living from the fish that swim in these waters and the
wildlife that inhabit these shores. We will do everything in
our power to support those who are affected by the spill,
protect our natural resources, demand reimbursement from the
responsible parties for costs incurred, rebuild what has been
damaged, and help this region persevere as it has done so many
times before.
Sincerely,
Barack Obama.
Enclosure.
GENERAL PROVISIONS--THIS ACT
House Doc. No. 111-92
Page: 6
FY 2011 Budget Appendix Page: 1366
FY 2010 Pending Request: ---
Proposed Amendment: Language
Revised Request: ---
(In the appropriations language under the above heading, add
the following seventeen new sections directly following section
2:)
SEC. 3. OIL SPILL UNEMPLOYMENT ASSISTANCE.
(a) Oil Spill Unemployment Assistance.--Upon a
determination by the President that additional resources are
necessary to respond to an incident related to a spill of
national significance declared under the National Contingency
Plan provided for under section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9605) (``covered incident''), the Secretary of Labor
is authorized to provide to any individual unemployed as a
result of a covered incident such benefit assistance as the
Secretary deems appropriate while such individual is unemployed
for the weeks of such unemployment with respect to which the
individual is not entitled to any other unemployment
compensation (as that term is defined in section 85(b) of the
Internal Revenue Code of 1986) or waiting period credit. Such
assistance as the Secretary shall provide shall be available to
an individual as long as the individual's unemployment caused
by a covered incident continues or until the individual is
reemployed in a suitable position, but no longer than 26 weeks
after the individual's unemployment that resulted from the
covered incident. Oil spill unemployment assistance payments
for a week of unemployment shall not exceed the maximum weekly
amount authorized under the unemployment compensation law of
the State affected by a covered incident. The Secretary is
directed to provide such assistance through agreements with
States that, in the Secretary's judgment, have an adequate
system for administering such assistance through existing State
agencies.
(b) Federal-State Agreements.--Any State affected by a
covered incident which desires to do so may enter into and
participate in an agreement under this section with the
Secretary. Any State which is a party to an agreement under
this section may, upon providing 30 days' written notice to the
Secretary, terminate such agreement.
(c) Provisions of Agreement.--Any agreement under
subsection (b) shall provide that the State agency of the State
will--
(1) make payments of oil spill unemployment
assistance to individuals who--
(A) are unemployed as a result of a covered
incident;
(B) have no rights to regular compensation or
extended compensation with respect to a week
under such law or any other State unemployment
compensation law or to compensation under any
other Federal law; and
(C) are not receiving compensation with
respect to such week under the unemployment
compensation law of Canada; and
(2) refer individuals receiving oil spill
unemployment assistance under this section to One-Stop
Career Centers established under title I of the
Workforce Investment Act of 1998 for reemployment
services or training provided under such Act, the
Wagner-Peyser Act, or other Federal law.
(d) Weekly Benefit Amount, Due Process Rights.--For
purposes of any agreement under this section, the terms and
conditions of Federal law and regulations which apply to claims
for disaster unemployment assistance and to the payment thereof
shall apply to claims for oil spill unemployment assistance and
the payment thereof, except where otherwise inconsistent with
the provisions of this section or with the regulations or
operating instructions of the Secretary promulgated to carry
out this section.
(e) Unauthorized Aliens Ineligible.--A State shall require
as a condition of oil spill unemployment assistance under this
section that each alien who receives such assistance must be
legally authorized to work in the United States, as defined for
purposes of the Federal Unemployment Tax Act (26 U.S.C. 3101 et
seq.). In determining whether an alien meets the requirements
of this subsection, a State must follow the procedures provided
in section 1137(d) of the Social Security Act (42 U.S.C. 1320b-
7(d)).
(f) Fraud and Overpayments.--
(1) In general.--If an individual knowingly has made,
or caused to be made by another, a false statement or
representation of a material fact, or knowingly has
failed, or caused another to fail, to disclose a
material fact, and as a result of such false statement
or representation or of such nondisclosure such
individual has received an amount of oil spill
unemployment assistance under this section to which
such individual was not entitled, such individual--
(A) shall be ineligible for further oil spill
unemployment assistance under this section in
accordance with the provisions of the
applicable State unemployment compensation law
relating to fraud in connection with a claim
for unemployment compensation; and
(B) shall be subject to prosecution under
section 1001 of title 18, United States Code.
(2) Repayment.--In the case of individuals who have
received amounts of oil spill unemployment assistance
under this section to which they were not entitled, the
State shall require such individuals to repay the
amounts of such oil spill unemployment assistance to
the State agency, except that the State agency may
waive such repayment if it determines that--
(A) the payment of such oil spill
unemployment assistance was without fault on
the part of any such individual; and
(B) such repayment would be contrary to
equity and good conscience.
(3) Prevention and detection by state agency.--The
State agency shall submit a weekly payment file of all
benefit payments to the National Directory of New
Hires, and shall make arrangements for the cross match
of the benefit payment recipients' social security
numbers with the National Directory of New Hires
Reported Hire and Benefit payment databases a minimum
of once each week and investigate all matches.
(4) Recovery by state agency.--
(A) In general.--The State agency may recover
the amount to be repaid, or any part thereof,
by deductions from any oil spill unemployment
assistance payable to such individual under
this section or from any unemployment
compensation payable to such individual under
any State or Federal unemployment compensation
law administered by the State agency or under
any other State or Federal law administered by
the State agency which provides for the payment
of any assistance or allowance with respect to
any week of unemployment, during the 3-year
period after the date such individuals received
the payment of the oil spill unemployment
assistance to which they were not entitled,
except that no single deduction may exceed 50
percent of the weekly benefit amount from which
such deduction is made.
(B) Opportunity for hearing.--No repayment
shall be required, and no deduction shall be
made, until a determination has been made,
notice thereof and an opportunity for a fair
hearing has been given to the individual, and
the determination has become final.
(5) Review.--Any determination by a State agency
under this subsection shall be subject to review in the
same manner and to the same extent as determinations
under the State unemployment compensation law, and only
in that manner and to that extent.
(g) Payments to States.--
(1) Benefits.--There shall be paid to each State that
has entered into an agreement under this section an
amount equal to 100 percent of the oil spill
unemployment assistance paid to individuals by the
State under such agreement.
(2) Administration.--There shall be paid to each
State that has entered into an agreement under this
section such amounts as the Secretary determines
necessary for the proper and efficient administration
of such agreement.
(h) Financing.--
(1) In general.--There are appropriated out of the
general fund of the United States Treasury such funds
as may be necessary in meeting the costs of benefits,
Federal administration, and State administration of
agreements under this section.
(2) The Secretary shall from time to time certify to
the Secretary of the Treasury for payment to each State
the sums payable to such State under this section. Upon
receipt of the certification from the Secretary, the
Secretary of the Treasury shall make payments to the
State in accordance with such certification, by
transfers from the general fund of the United States
Treasury.
(i) Relationship With Income Replacement Payments for Lost
Wages or Self Employment Income by the Responsible Party.--
(1) The total combined amount an individual receives
of oil spill unemployment assistance and payments by
the responsible party for either lost wages or self-
employment income shall not exceed the greater of--
(A) the total amount of unemployment
assistance that an individual is entitled to
receive under subsection (a), as determined by
the State agency, or
(B) the liability of the responsible party to
such individual for lost wages or self-
employment income.
(2) If a responsible party or the Oil Spill Liability
Trust Fund under the Oil Pollution Act (33 U.S.C. 2701
et seq.) makes a payment to the individual for lost
wages related to unemployment resulting from a covered
incident, and an individual has previously received
unemployment assistance under this section for such
period of unemployment, the responsible party or the
Oil Spill Liability Trust Fund shall subtract from such
payment the amount of such unemployment assistance and
shall reimburse such subtracted amount to the United
States for deposit in the general fund of the Treasury.
If a responsible party fails to reimburse such
subtracted amount pursuant to this paragraph, the
Secretary of the Treasury shall request the Attorney
General to bring a civil action against the responsible
party or a guarantor in an appropriate district court
to recover the amount of the demand, plus all costs
incurred in obtaining payment including prejudgment
interest, attorneys fees, and any other administrative
and adjudicative costs involved.
(3) If a responsible party or the Oil Spill Liability
Trust Fund has made a payment to an individual for lost
wages related to unemployment resulting from a covered
incident, the amount of such payment shall be
subtracted from the unemployment assistance under this
section that the individual subsequently receives for
such period of unemployment.
(4) Any individual's receipt of unemployment
assistance under this section related to unemployment
resulting from a covered incident shall be conditional
on the individual taking appropriate actions, as
determined by the Secretary, to seek payment for lost
wages for such period of unemployment under the Oil
Pollution Act from the responsible party or the Oil
Spill Liability Trust Fund.
(5) Any individual, as a condition of receiving oil
spill unemployment assistance, shall provide informed
consent to the sharing of benefit information between
the State agency and the responsible party (or its
claim processor) or the Oil Spill Liability Trust Fund,
as appropriate, for the purpose of determining
eligibility and to avoid duplicate payments as deemed
necessary.
(6) If the Secretary determines the actions described
in paragraphs (2) through (5) have not succeeded in
avoiding duplicate payments, the Secretary may take
such other actions as the Secretary determines
necessary in order to avoid duplicate payments,
consistent with the responsible party or the Oil Spill
Liability Trust Fund making payments to individuals for
lost wages related to unemployment resulting from a
covered incident.
(7) The Secretary may take such actions as the
Secretary determines are necessary for implementing
this section, including entering into agreements with
States that have agreements with the Secretary to
administer this program, and the responsible party with
respect to each State's administration of this program
and payments made by the responsible party to claimants
for lost wages and self-employment income to establish
processes for--
(A) the coordination of payment of oil spill
unemployment assistance under this section and
payments for lost wages and self employment
income by the responsible party or the Oil
Spill Liability Trust Fund so as to minimize
duplicate payments to claimants, including
methods to:
(i) prevent duplicate payments, such
as developing methods for claims
processing that identify eligibility
for both types of payments so as to
ensure the individual receives no more
than the amount specified in paragraph
(1) of this subsection;
(ii) document that individuals who
received either oil spill unemployment
assistance or payments by the
responsible party or the Oil Spill
Liability Trust Fund prior to execution
of the agreement were unemployed as a
result of the oil spill; and
(iii) ensure prompt and accurate
payment of oil spill unemployment
assistance under this section or
payment of claims by the responsible
party or the Oil Spill Liability Trust
Fund;
(B) sharing and protecting information
regarding an individual's claim for oil spill
unemployment assistance or claims for
replacement of wages that is necessary to
coordinate benefit payments and claims by the
responsible party or the Oil Spill Liability
Trust Fund under subparagraph (A);
(C) reimbursement by the responsible party to
the Federal government and States for payment
of oil spill unemployment assistance to
individuals whose unemployment was the result
of a covered incident and for the
administration of this program, which may
include the responsible party developing a
special fund for use by the States to pay
benefits under this program, in accordance with
process developed under subparagraph (A) with a
periodic reconciliation process to make future
claims unnecessary;
(D) ensuring that the responsible party shall
make benefit information available to
government organizations upon request subject
to the safeguards applicable to confidential
unemployment compensation information in
Federal law and regulations, which shall apply
to the Secretary, the State agencies
administering the oil spill unemployment
assistance program, the responsible party, and
the Oil Spill Liability Trust Fund; and
(E) developing similar agreements with the
responsible party to coordinate payments of
unemployment compensation under State law
related to a covered incident and payments made
by the responsible party or the Oil Spill
Liability Trust Fund.
(8) The procedures developed under this section may
be employed by States to coordinate payments of
unemployment compensation under State law related to a
covered incident and payments made by the responsible
party or the Oil Spill Liability Trust Fund.
(j) Each responsible party under the Oil Pollution Act, 33
U.S.C. 2701, et seq., is liable for any costs, net of any
payments by the responsible party to the United States under
subsection (i), incurred by the United States under this
section and shall, upon the demand of the Secretary of the
Treasury, reimburse the general fund of the Treasury for these
costs as well as the costs of the United States in
administering its responsibilities under this section. If a
responsible party fails to pay a demand of the Secretary of the
Treasury pursuant to this subsection, the Secretary shall
request the Attorney General to bring a civil action against
the responsible party or a guarantor in an appropriate district
court to recover the amount of the demand, plus all costs
incurred in obtaining payment including prejudgment interest,
attorneys fees, and any other administrative and adjudicative
costs involved. Such reimbursement shall be without regard to
limits of liability under the Oil Pollution Act, 33 U.S.C.
2704.
(k) This section shall take effect immediately upon
enactment and shall apply to all responsible parties under the
Oil Pollution Act, including any party determined to be liable
under the Oil Pollution Act for any incident that occurred
prior to the enactment of this section.
(l) Definitions.--
(1) ``Duplicate payments'' includes any payment that
would cause the individual to receive payments in
excess of the amount determined under paragraph (1) of
subsection (i).
(2) ``Responsible party'' means one or more
responsible parties.
(3) ``Secretary'' means United States Secretary of
Labor.
(4) ``State'' means any State, as defined in the
Federal Unemployment Tax Act (26 U.S.C. 3306(j)(1))
directly affected by a covered incident.
(5) ``State agency'' means the State agency which
administers the unemployment insurance law of the State
approved by the Secretary of Labor under section 3304
of the Internal Revenue Code of 1986.
This proposal would create a new program of unemployment
assistance to workers who are unemployed as a result of a spill
of national significance and who have no entitlement to any
other unemployment compensation. The program is modeled after
the Disaster Unemployment Assistance program and will provide
up to 26 weeks of benefits to the self-employed, as well as
other workers ineligible for regular unemployment compensation.
This proposal would appropriate such sums as may be
necessary from the General Fund of the Treasury. This proposal
would also ensure that this new program does not provide
assistance that duplicates, or takes the place of, the payments
for lost wages that responsible parties under the Oil Pollution
Act or the Oil Spill Liability Trust Fund make to an unemployed
worker. This section would also ensure that responsible parties
under the Oil Pollution Act bear the cost of the program. In
addition, this section would take effect immediately upon
enactment and apply to all responsible parties under the Oil
Pollution Act, including any party determined to be liable
under the Oil Pollution Act for any incident that occurred
prior to the enactment of this section.
SEC. 4. AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998.
(a) In General.--Sec. 173(a) of the Workforce Investment
Act of 1998 (29 U.S.C. 2918(a)) is amended by adding a new
paragraph (5) as follows:
``(5) to provide assistance to the Governor of any
State within the boundaries of an area that is the
subject of a Presidential determination that additional
resources are necessary to respond to an incident
related to a spill of national significance declared
under the National Contingency Plan provided for under
section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9605) (`covered incident') to provide oil spill
relief employment in the area.''.
(b) Oil Spill Relief Employment Assistance Requirements.--
Sec. 173 of the Workforce Investment Act of 1998 (29 U.S.C.
2918) is amended by adding a new subsection (h) as follows:
``(h) Oil Spill Relief Employment Assistance
Requirements.--
``(1) In general.--Funds made available under
subsection (a)(5)--
``(A) shall be used to provide oil spill
relief employment on projects regarding
cleaning, restoration, renovation, repair and
reconstruction of lands, marshes, waters,
structures, and facilities located within the
area of the covered incident, as well as
offshore areas related to such incident, and
projects that provide food, clothing, shelter,
and other humanitarian assistance to
individuals harmed by the covered incident;
``(B) may be expended through public and
private agencies and organizations engaged in
such projects;
``(C) may be expended to provide employment
and training activities;
``(D) may be expended to provide personal
protective equipment to workers engaged in oil
spill relief employment described in
subparagraph (A);
``(E) may be used to increase the capacity of
States to make available the full range of
services authorized under this title and
provide information (in languages appropriate
to the individuals served) about, and access
to, the variety of public and private services
available to individuals adversely affected by
the covered incident in One-Stop Career Centers
and other access points (including other public
facilities, mobile service delivery units, and
social services offices); and
``(F) may be used to provide temporary
employment by public sector entities for a
period not to exceed six months, in addition to
the oil spill relief employment described in
subparagraph (A).
``(2) Eligibility.--An individual shall be eligible
for services under subsection (a)(5) if such individual
is temporarily or permanently laid off as a consequence
of the covered incident, is a dislocated worker, is a
long-term unemployed individual, or meets such other
criteria as the Secretary may establish.
``(3) Limitations on oil spill relief employment
assistance.--No individual shall be employed under
subsection (a)(5) for more than six months for oil
spill relief employment related to recovery from a
single covered incident. The Secretary may extend, upon
reviewing a State's request, such employment related to
recovery from a single covered incident for up to an
additional six months.
``(4) Reimbursement.--Each responsible party under
the Oil Pollution Act, 33 U.S.C. 2701, et seq., is
liable for any costs incurred by the United States
under this subsection or subsection (a)(5) and shall,
upon the demand of the Secretary of the Treasury,
reimburse the general fund of the Treasury for the
costs incurred under this subsection or subsection
(a)(5) as well as the costs of the United States in
administering its responsibilities under this
subsection or subsection (a)(5). If a responsible party
fails to pay a demand of the Secretary of the Treasury
pursuant to this subsection or subsection (a)(5), the
Secretary shall request the Attorney General to bring a
civil action against the responsible party or a
guarantor in an appropriate district court to recover
the amount of the demand, plus all costs incurred in
obtaining payment including prejudgment interest,
attorneys fees, and any other administrative and
adjudicative costs involved. Such reimbursement shall
be without regard to limits of liability under the Oil
Pollution Act, 33 U.S.C. 2704.
``(5) Use of available funds.--Funds appropriated for
fiscal years 2009 and 2010 and remaining available for
obligation by the Secretary to provide any assistance
authorized under this section shall be available to
assist workers affected by a covered incident,
including workers who have relocated from areas in
which a covered incident has been declared. Under such
conditions as the Secretary may approve, any State may
use funds that remain available for expenditure under
any grants awarded to the State under this section to
provide any assistance authorized under this
subsection. Funds used pursuant to the authority
provided under this paragraph shall be subject to the
reimbursement requirements described in paragraph (4).
``(6) Requirements for grant applications.--An
application submitted to the Secretary under this
subsection shall include a detailed description of--
``(A) How the State will ensure the capacity
of One-Stop Career Centers and other access
points to--
``(i) provide affected individuals
with information, in languages
appropriate to the individuals served,
about the range of available services;
and
``(ii) provide affected individuals
with access to the range of needed
services;
``(B) How the State will prioritize
individuals who are temporarily or permanently
laid off as a consequence of the covered
incident in the assignment of temporary
employment positions; and
``(C) Any other supporting information the
Secretary may require.''.
(c) This section shall take effect immediately upon
enactment and shall apply to all responsible parties under the
Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), including
any party determined to be liable under the Oil Pollution Act
for any incident that occurred prior to the enactment of this
section.
(d) Appropriations.--For an additional amount for
``Training and Employment Services'', Employment and Training
Administration, Department of Labor, to carry out the
provisions of section 173(a)(5) and (h) of the Workforce
Investment Act of 1998 (29 U.S.C. 2918(a)(5) and (h), ``WIA''),
as amended by this Act, $50,000,000, to remain available until
June 30, 2011: Provided, That funding shall be available upon
enactment of this Act, notwithstanding section 189(g)(1) of
WIA.
This section would amend the Workforce Investment Act of
1998 (WIA) to create an oil spill relief employment program.
The program is similar to the existing disaster relief
employment assistance program authorized under WIA, but is
specifically targeted to spills of national significance
declared under the National Contingency Plan provided for under
section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 rather than disasters.
Grants could also be used to increase the capacity of One-Stop
Career Centers, social services offices, and other public
facilities to provide affected individuals information about,
and access to, the range of needed services. This section would
also ensure that responsible parties under the Oil Pollution
Act bear the cost of the program. In addition, this section
would take effect immediately upon enactment and apply to all
responsible parties under the Oil Pollution Act, including any
party determined to be liable under the Oil Pollution Act for
any incident that occurred prior to the enactment of this
section.
SEC. 5. RESERVATION OF FUNDS FOR ADMINISTRATIVE ACTIVITIES OF THE
DEPARTMENT OF LABOR.
The Secretary of Labor may reserve not more than one
percent of the funds available to carry out section 3 of this
Act and section 173(h) of the Workforce Investment Act of 1998
(as added by section 4 of this Act) for transfer to appropriate
Department of Labor accounts for program administration and
support activities in the Department of Labor associated with
such sections, and for the increased worker protection and
workplace benefit activities and oversight and coordination
activities in connection with the application of laws and
regulations associated with the Department's response to spills
of national significance declared under the National
Contingency Plan provided for under section 105 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605). A responsible party
under the Oil Pollution Act (33 U.S.C. 2701, et seq.) shall,
upon the demand of the Secretary of the Treasury, reimburse the
general fund of the Treasury for all or a portion of the
additional amount appropriated herein, as determined by the
Secretary of the Treasury. If a responsible party fails to pay
a demand of the Secretary of the Treasury pursuant to this
section, the Secretary shall request the Attorney General to
bring a civil action against the responsible party or a
guarantor in an appropriate district court to recover the
amount of the demand, plus all costs incurred in obtaining
payment including prejudgment interest, attorneys fees, and any
other administrative and adjudicative costs involved. Such
reimbursement shall be without regard to limits of liability
under the Oil Pollution Act, 33 U.S.C. 2704. This section shall
take effect immediately upon enactment and shall apply to all
responsible parties under the Oil Pollution Act, including any
party determined to be liable under the Oil Pollution Act for
any incident that occurred prior to the enactment of this
section. The Secretary of Labor shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate a report describing the use of the funds not later than
one year after the date of enactment of this Act.
This section would allow the reservation of up to one
percent of funds provided under sections 3 and 4 to administer
and support the Oil Spill Unemployment Assistance program
authorized by section 3 of this Act and the Oil Spill Relief
Employment Assistance program authorized by section 4 of this
Act, as well as worker protection and other activities in
conjunction with the Department's response to spills of
national significance declared under the National Contingency
Plan provided for under section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9605). This section would also ensure that
responsible parties under the Oil Pollution Act bear the cost
of the program. In addition, this section would take effect
immediately upon enactment and apply to all responsible parties
under the Oil Pollution Act, including any party determined to
be liable under the Oil Pollution Act for any incident that
occurred prior to the enactment of this section.
SEC. 6. EMERGENCY STANDARDS OF ELIGIBILTY FOR THE SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM AND FOOD COMMODITIES.
(a) Authority.--
(1) In general.--Acting upon a request by a State
agency (as defined in section 3(t) of the Food and
Nutrition Act of 2008, 7 U.S.C. 2011 (Act)), and upon a
determination by the Secretary of Agriculture that
additional resources are necessary to respond to an
incident related to a spill of national significance
declared under the National Contingency Plan provided
for under section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9605) (``covered incident''), the
Secretary of Agriculture may establish temporary
emergency standards of eligibility and more flexible
administrative responses for the Supplemental Nutrition
Assistance Program (SNAP) authorized under the Act for
households adversely impacted by covered incidents.
(2) Notice and comment.--The promulgation of the
standards required under this section shall be made
without regard to--
(A) the Statement of Policy of the Secretary
of Agriculture effective July 24, 1971 (36 Fed.
Reg. 13804), relating to notices of proposed
rulemaking and public participation in
rulemaking;
(B) the notice and comment provisions of
section 553 of title 5, United States Code; and
(C) section 4(c) of the Act.
(b) Food Commodities.--The Secretary of Agriculture, in
consultation with the Secretary of Homeland Security, may
utilize funds made available under Section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c) in the support of emergency
distribution of food in States adversely impacted by a spill of
national significance declared under the National Contingency
Plan provided for under section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9605).
(c) Financing.--Each responsible party under the Oil
Pollution Act, 33 U.S.C. 2701, et seq., is liable for any costs
incurred by the United States under subsection (a) and (b) and
shall, upon the demand of the Secretary of the Treasury,
reimburse the general fund of the Treasury for the costs
incurred under subsections (a) and (b) as well as the costs of
the United States in administering its responsibilities under
this section. If a responsible party fails to pay a demand of
the Secretary of the Treasury pursuant to this subsection, the
Secretary shall request the Attorney General to bring a civil
action against the responsible party or a guarantor in an
appropriate district court to recover the amount of the demand,
plus all costs incurred in obtaining payment including
prejudgment interest, attorneys fees, and any other
administrative and adjudicative costs involved. Such
reimbursement shall be without regard to limits of liability
under the Oil Pollution Act, 33 U.S.C. 2704.
(d) This section shall take effect immediately upon
enactment and shall apply to all responsible parties under the
Oil Pollution Act, including any party determined to be liable
under the Oil Pollution Act for any incident that occurred
prior to the enactment of this section.
This proposal would authorize Disaster Supplemental
Nutrition Assistance Program (D-SNAP) for individuals and
families and use of Section 32 funds for the purchase and
replenishment of Department of Agriculture (USDA) foods used in
areas affected by a spill of national significance. This
section would also ensure that responsible parties under the
Oil Pollution Act bear the cost of the program. In addition,
this section would take effect immediately upon enactment and
apply to all responsible parties under the Oil Pollution Act,
including any party determined to be liable under the Oil
Pollution Act for any incident that occurred prior to the
enactment of this section.
D-SNAP is the cornerstone of Federal nutrition assistance
during a disaster. It provides targeted food assistance quickly
to those who experience a loss in income, a loss of food, or
who may not ordinarily qualify for regular assistance.
Certification is streamlined both in terms of fewer eligibility
factors and reduced procedural requirements. Benefits are
issued on an EBT card that can be used at authorized food
retailers to purchase food. D-SNAP participants with continuing
needs may then be transitioned to regular SNAP benefits.
USDA has a long history of providing food products to State
agencies for distribution to shelters and other mass feeding
sites during an emergency. States mobilize quickly and often
utilize existing inventories of food products, including food
products previously provided by USDA to the States for use in
other USDA domestic feeding programs, by diverting these
products to emergency feeding activities. This provision would
allow the Secretary of Agriculture to use Section 32 funds to
acquire commodities for use in implementing existing USDA
emergency feeding assistance programs and would allow the
Secretary to replenish the food inventories of States if the
States, in carrying out such programs, had diverted food
products previously provided to it by USDA.
SEC. 7.
(a) For an additional amount for ``Operations, Research,
and Facilities'', National Oceanic and Atmospheric
Administration, Department of Commerce, $15,000,000, to remain
available until expended, for responding to economic impacts on
fishermen and fishery-dependent businesses: Provided, That the
amounts appropriated herein are not available unless the
Secretary of Commerce determines, in consultation with the
Director of the Office of Management and Budget, that resources
provided under other authorities and appropriations (including
by the responsible party (or parties) under the Oil Pollution
Act, 33 U.S.C. 2701, et seq., and by the Small Business
Administration and Department of Labor) are not sufficient to
respond to economic impacts on fishermen and fishery-dependent
business following an incident related to a spill of national
significance declared under the National Contingency Plan
provided for under section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9605): Provided further, That the National Marine
Fisheries Service shall cause such amounts to be distributed
among eligible recipients of assistance for fishery resource
disasters and commercial fishery failures declared by the
Secretary of Commerce under sections 308(b) and 308(d) of the
Interjurisdictional Fisheries Act (16 U.S.C. 4107) and sections
312(a) and 315 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a(a) and 1864).
(b) For an additional amount for ``Operations, Research,
and Facilities'', National Oceanic and Atmospheric
Administration, Department of Commerce, for activities
undertaken as a result of the incidents related to the
discharge of oil that began in 2010 in connection with the
explosion on, and sinking of, the mobile offshore drilling unit
Deepwater Horizon, $5,000,000, to remain available until
expended.
These funds would enable the Federal Government to
establish an interim relief fund to provide a backstop in the
event resources from a responsible party (or parties) under the
Oil Pollution Act are not provided. This proposal would provide
funds to the Secretary of Commerce to respond to economic
impacts on fishermen and fishery-dependent businesses in the
event of a commercial fisheries failure pursuant to either the
Magnuson-Stevens Fishery Conservation and Management Act or the
Interjurisdictional Fisheries Act. There are several other
Federal programs that provide financial support for affected
fisheries in addition to this section, and the Secretary of
Commerce is required to consult with the Director of the Office
of Management and Budget on any aid pursuant to this section.
This proposal would also provide funds for the National
Oceanic and Atmospheric Administration for activities that
support the response to the Deepwater Horizon oil spill, but
may not qualify as recoverable from the responsible parties
under the Oil Pollution Act or the Oil Spill Liability Trust
Fund.
SEC. 8.
For an additional amount for ``Economic Development
Assistance Programs'', Economic Development Administration,
Department of Commerce, to carry out planning, technical
assistance and other assistance under section 209, and
consistent with section 703(b), of the Public Works and
Economic Development Act (42 U.S.C. 3149, 3233), in states
affected by the incidents related to the discharge of oil that
began in 2010 in connection with the explosion on, and sinking
of, the mobile offshore drilling unit Deepwater Horizon,
$5,000,000, to remain available until expended.
This proposal would provide $5 million for the Economic
Development Administration's Economic Adjustment Assistance
program (EAA). EAA will award grants to State, local, and non-
profit entities in the affected region for strategic planning
and technical assistance. Potential activities to be funded
include short- and long-term economic recovery plans, and state
and local economic recovery coordinators. Consistent with
section 703(b) of the Public Works and Economic Development Act
(42 U.S.C. 3233), the grants do not require matching funds from
recipients.
SEC. 9.
For an additional amount for ``Salaries and Expenses,
General Legal Activities'', Legal Activities and U.S. Marshals,
Department of Justice, for the legal activities of the
Department of Justice, not otherwise provided for, $10,000,000,
to remain available until expended, for litigation expenses as
a result of incidents related to the discharge of oil that
began in 2010 in connection with the explosion on, and sinking
of, the mobile offshore drilling unit Deepwater Horizon.
This section would provide $10 million for the Civil
Division and the Environment and Natural Resources Division for
civil defensive litigation, and civil and criminal enforcement
under the Oil Pollution Act, the Federal Torts Claims Act, and
the Clean Water Act.
SEC. 10.
For an additional amount for ``Salaries and Expenses'',
Office of the Secretary, Department of the Interior, for
increased inspections, enforcement, investigations, and
engineering studies of offshore facilities and for
environmental studies determined to be appropriate in light of
the incidents related to the discharge of oil that began in
2010 in connection with the explosion on, and sinking of, the
mobile offshore drilling unit Deepwater Horizon, $29,000,000,
to remain available until expended: Provided, That such funds
may be transferred by the Secretary to any other account in the
Department or to the head of any Federal department or agency,
with the concurrence of the head of the relevant Federal
department or agency, to carry out the purposes provided
herein.
This proposal would provide funds for the Secretary of the
Interior for additional inspections, enforcement, studies and
other activities that may not qualify as recoverable from the
responsible parties under the Oil Pollution Act or the Oil
Spill Liability Trust Fund. This includes approximately $20
million for increased inspections, engineering studies,
investigations, and enforcement of safety regulations. Another
$7 million is for more comprehensive evaluations of policies,
procedures and actions that may be needed in light of the
Deepwater Horizon incident. Finally, $2 million is provided for
the Fish and Wildlife Service, U.S. Geological Survey or others
to conduct general environmental studies that would not
otherwise be eligible for reimbursement from the responsible
parties.
SEC. 11.
Section 11(c)(1) of the Outer Continental Shelf Lands Act
of 1953, as amended (43 U.S.C. 1340(c)(1)), is amended in the
fourth sentence by deleting ``within thirty days of its
submission,'' and inserting in lieu thereof:
``within ninety days of its submission or within such
additional time as the Secretary determines is necessary to
complete any environmental, safety, or other reviews (in the
case of leases issued after March 17, 2010), or within ninety
days of its submission or, with the consent of the holder of
the lease, within such additional time as the Secretary
determines is necessary to complete any environmental, safety,
or other reviews (in the case of leases issued on or before
March 17, 2010),''.
This proposal would extend the time period that the
Department of the Interior has to review an offshore oil and
gas exploration plan. This will provide more time for the
agency to determine if statutory and regulatory requirements
are being met.
SEC. 12.
For an additional amount for ``Science and Technology'',
Environmental Protection Agency, for a study on the potential
human and environmental risks and impacts of the release of
crude oil and the application of dispersants, surface washing
agents, bioremediation agents, and other mitigation measures
listed in the National Contingency Plan Product List (40 C.F.R.
Part 300 Subpart J) as appropriate, $2,000,000, to remain
available until expended: Provided, That the study shall be
performed at the direction of the Administrator of the
Environmental Protection Agency, in coordination with the
Administrator of the National Oceanic and Atmospheric
Administration and the Director of the Minerals Management
Service in the Department of the Interior. The study may be
funded through the provision of grants to universities and
colleges through extramural research funding.
This section would provide $2 million for a study of long-
term risks and impacts from crude oil releases and use of
chemical dispersants led by the Environmental Protection Agency
in coordination with the National Oceanic and Atmospheric
Administration and the Minerals Management Service.
SEC. 13.
For an additional amount for ``Salaries and Expenses'',
Food and Drug Administration, Department of Health and Human
Services, for food safety monitoring and response activities in
connection with the incidents related to the discharge of oil
that began in 2010 in connection with the explosion on, and
sinking of, the mobile offshore drilling unit Deepwater
Horizon, $2,000,000, to remain available until expended.
The U.S. Food and Drug Administration (FDA) operates a
safety program for all fish and fishery products under the
provisions of the Federal Food, Drug and Cosmetic Act, the
Public Health Service Act, and related regulations. The FDA
program includes research, inspection, laboratory analysis,
compliance, enforcement, and outreach.
This section would provide $2 million to the FDA to monitor
and respond to the environmental impact of the oil on seafood
fished from the gulf and surrounding areas. These efforts could
include, but are not limited to, testing and deploying
technology to speed the analysis of seafood samples for
contamination that could harm consumers.
SEC. 14. DEEPWATER HORIZON.
Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C.
2752) is amended in the second sentence:
(a) by inserting ``--(1)'' before ``may obtain an advance''
and after ``the Coast Guard'';
(b) by inserting ``; and'' before the concluding period;
(c) by inserting the following language after the newly
inserted ``; and'' and before the concluding period:
``(2) in the case of discharge of oil that began in
2010 in connection with the explosion on, and sinking
of, the mobile offshore drilling unit Deepwater
Horizon, may, without further appropriation, obtain one
or more advances from the Oil Spill Liability Trust
Fund as needed, up to a maximum of $100,000,000 for
each advance, the total amount of all advances not to
exceed the amounts available under section 9509(c)(2)
of the Internal Revenue Code of 1986 (26 U.S.C.
9509(c)(2)), and within 7 days of each advance, shall
notify Congress of the amount advanced and the facts
and circumstances necessitating the advance''; and
(d) by inserting ``--(3)'' before ``Amounts advanced''.
This proposal would permit the Coast Guard to obtain one or
more advances (up to $100 million each) from the Principal Fund
within the Oil Spill Liability Trust Fund (OSLTF) to underwrite
Federal response activities with regard to discharge of oil
that began in 2010 in connection with the explosion on, and
sinking of, the mobile offshore drilling unit Deepwater
Horizon. This proposal permits advances only up to the total
expenditures limitation allowed under current law, as amended
by section 15 of these general provisions.
The Administration has determined the current transfer
limitation of a single $100 million advance is inadequate to
address effectively the response and removal effort related to
the Deepwater Horizon spills. The capacity to obtain such
advances is essential to avoid potential delays in providing
response resources.
SEC. 15. OIL SPILL LIABILITY TRUST FUND; LIMITATION ON EXPENDITURES.
(a) Revenue Code.--Section 9509(c)(2)(A) (relating to
limitation on expenditures) of the Internal Revenue Code of
1986 (26 U.S.C. 9509(c)(2)(A)) is amended--
(1) in clause (i), by striking ``$1,000,000,000'' and
inserting in lieu thereof ``$1,500,000,000''; and
(2) in clause (ii), by striking ``$500,000,000'' and
inserting in lieu thereof ``$750,000,000''.
(b) Oil Pollution Act of 1990.--
(1) Section 1004(a) of the Oil Pollution Act of 1990
(33 U.S.C. 2704(a)) is amended--
(A) in subparagraph (1)(A) by striking
``$3,000'' and inserting in lieu thereof ``the
total of all removal costs plus $X'';
(B) in subparagraph (1)(B) by striking
``$1,900'' and inserting in lieu thereof ``the
total of all removal costs plus $X'';
(C) in subclause (1)(C)(i)(I) by striking
``$22,000,000'' and inserting in lieu thereof
``the total of all removal costs plus $X'';
(D) in subclause (1)(C)(i)(II) by striking
``$16,000,000'' and inserting in lieu thereof
``the total of all removal costs plus $X'';
(E) in subclause (1)(C)(ii)(I) by striking
``$6,000,000'' and inserting in lieu thereof
``the total of all removal costs plus $X'';
(F) in subclause (1)(C)(ii)(II) by striking
``$4,000,000'' and inserting in lieu thereof
``the total of all removal costs plus $X'';
(G) in paragraph (2) by --
(i) striking ``$950'' and inserting
in lieu thereof ``the total of all
removal costs plus $X''; and
(ii) striking ``$800,000'' and
inserting in lieu thereof ``the total
of all removal costs plus $X'';
(H) in paragraph (3) by striking
``$75,000,000'' and inserting in lieu thereof
``$X''; and
(I) in paragraph (4) by striking
``$350,000,000'' and inserting in lieu thereof
``the total of all removal costs plus $X''.
(2) Section 1006(e)(2) of the Oil Pollution Act of
1990 (33 U.S.C. 2706(e)) is amended by--
(A) striking ``rebuttable presumption'' and
inserting in lieu thereof ``Judicial review of
assessments''; and
(B) striking ``have the force and effect''
and all that follows and inserting in lieu
thereof ``be subject to judicial review under
the Administrative Procedure Act (5 U.S.C. 551
et seq.) on the basis of the administrative
record developed by the Lead Administrative
Trustee as provided in such regulations.''.
(3)(A) Title I of the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.) is amended by inserting after
section 1013 the following new section:
``SEC. 1013-A. INFORMATION ON CLAIMS.
``In the event of a spill of national significance, the
President may require a responsible party or a guarantor of a
source, designated under section 1014(a), to provide to the
United States information on claims that the President
determines necessary, including but not limited to--
``(1) claims, individually, the aggregate thereof, or
both;
``(2) the transaction date or dates of such claims,
including processing times, individually, the aggregate
thereof, or both; and
``(3) any other data pertaining to such claims that
the President, in his sole and exclusive discretion,
determines to be necessary to ensure the performance of
the responsible party or the guarantor with regard to
processing and adjudication of such claims,
individually, the aggregate thereof, or both.''.
(B) Clerical amendment.--Section 2 of Oil Pollution
Act of 1990 is amended by adding after the item
relating to section 1013 the following new item:
``Sec. 1013-A. Information on claims.''.
(4) Section 1016(a) of the Oil Pollution Act of 1990
(33 U.S.C. 2716(a)) is amended by striking ``sufficient
to meet the maximum amount of liability to which the
responsible party could be subjected under section
1004(a) or (d) of this Act, in a case where the
responsible party would be entitled to limit liability
under that section.'' and inserting in lieu thereof
``in the amount of $X.''.
(c) The President, by regulations issued not later than
three years after the date of enactment of this section, and
not less than every 3 years thereafter, shall adjust the limits
on expenditures specified in Section 9509(c)(2)(A)(i) and (ii)
of the Internal Revenue Code of 1986 (26 U.S.C. 9509
(c)(2)(A)(i) and (ii)) to reflect significant increases in the
Consumer Price Index.
(d) Tribes.--Section 1002(b)(2) of the Oil Pollution Act of
1990 (33 U.S.C. 2702(b)(2)) is amended:
(1) in subparagraph (D) by:
(A) striking ``or'' before ``a political
subdivision thereof''; and
(B) inserting ``, or an Indian tribe'' before
the concluding period; and
(2) in subparagraph (F) by:
(A) striking ``or'' before ``a political sub-
division of a State''; and
(B) inserting ``, or an Indian tribe'' before
the concluding period.
(e) Effective Date.--This section shall take effect
immediately upon enactment and shall apply to all responsible
parties under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et
seq.), including any party determined to be liable under the
Oil Pollution Act for any incident that occurred prior to the
enactment of this section.
The Administration has determined the current ``incident''
limitation ($1 billion) on fund payments and liability
limitations for responsible parties are inadequate to address
effectively the response and removal effort related to some oil
spills. These limitations were set in 1990 and have not been
adjusted to reflect the dramatic growth in deepwater
exploration and production, among other things. This proposal
would, for any single incident, raise (1) the statutory
expenditure limitation by the Oil Spill Liability Trust Fund
from $1 billion to $1.5 billion and (2) the cap on natural
resource damage assessments and claims from $500 million to
$750 million. The proposal would also raise the limitation on
liability for responsible parties. The Administration looks
forward to working with the Congress to develop levels for the
various caps that provide for substantial, and proportional,
increases.
The proposal would also amend the Oil Pollution Act's
judicial review provision for assessments of damages to natural
resources in a manner that more closely aligns that review with
established administrative law principles. It would also amend
the Oil Pollution Act to allow the President to require a
responsible party to provide data related to the responsible
party's claims process activity to the Government. This will
allow the government to exercise appropriate oversight of the
responsible parties' required actions under the Oil Pollution
Act. The proposal would clarify the provisions under the Act to
place tribal governments on equal footing with States and local
governments to avail themselves of the same benefits afforded
under the section 1002(b)(2)(D) and (F) of the Act when
recovering damages to revenues and public services from a
responsible party or parties. In addition, this section would
take effect immediately upon enactment and apply to all
responsible parties under the Oil Pollution Act, including any
party determined to be liable under the Oil Pollution Act for
any incident that occurred prior to the enactment of this
section.
SEC. 16. PER BARREL TAX ASSESSMENT INCREASE.
Section 4611 of the Internal Revenue Code of 1986 (26
U.S.C. 4611) is amended:
(a) in clause (c)(2)(B):
(1) in clause (i) by deleting ``8 cents'' and
inserting in lieu thereof ``9 cents''; and
(2) in clause (ii) by deleting ``9 cents'' and
inserting in lieu thereof ``10 cents'';
(b) in subsection (f) by:
(1) deleting paragraph (2) in its entirety; and
(2) deleting ``(1) In general.--Except as provided in
paragraph (2), the'' and inserting in lieu thereof
``The''.
(c) The amendments made by this section shall apply on and
after the first day of the first calendar quarter after the
date of enactment of this Act.
This proposal would adjust the rate of tax per barrel of
oil to replenish the Oil Spill Liability Trust Fund.
SEC. 17.
None of the provisions of this Act, including any funds
appropriated or expenses authorized herein, shall be construed
as relieving or diminishing in any way the legal obligations of
responsible parties to pay or provide reimbursement for removal
costs, damages, or other expenditures under the Oil Pollution
Act (33 U.S.C. 2701 et seq.) or other applicable law.
This proposal would make clear that obligations of the
responsible parties under the Oil Pollution Act would not
decrease as a result of this amendment.
SEC. 18. EMERGENCY DESIGNATION.
The amounts made available in sections 3 through 17 under
this heading are designated by the Congress as emergency
requirements for the specific purposes provided herein.
SEC. 19. SEVERABILITY.
If any provision of sections 3 through 18 of this Act, or
any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder of
the provisions of sections 3 through 18 of this Act and the
application of the provisions to any other person or
circumstance shall not be affected.