[Congressional Record Volume 156, Number 82 (Thursday, May 27, 2010)]
[Senate]
[Pages S4556-S4559]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4296. Mr. INOUYE submitted an amendment intended to be proposed to 
amendment SA 4274 submitted by Mr. Burr and intended to be proposed to 
the bill H.R. 4899, making supplemental appropriations for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table, as follows:

       On page 1, strike line 3 and all that follows through line 
     6 and insert the following:

     ``Filipino Veterans Equity Compensation Fund'' account and 
     such other unobligated amounts as the Secretary of Veterans 
     Affairs considers appropriate may be transferred to the 
     ``Medical Services'' account: Provided, That any amount 
     transferred from ``Construction, Major Projects'' shall be 
     derived from unobligated balances that are a direct result of 
     bid savings: Provided further, That amounts transferred to 
     the ``Medical Services'' account are
                                 ______
                                 
   SA 4297. Mr. INOUYE submitted an amendment intended to be proposed 
to amendment SA 4275 submitted by Mr. Burr and intended to be proposed 
to the bill H.R. 4899, making supplemental appropriations for the 
fiscal year ending September 30, 2010, and for other purposes; which 
was ordered to lie on the table, as follows:

       On page 1, strike line 6 and all that follows through line 
     7 and insert the following:
     fiscal years, $67,000,000 of the unobligated balances that 
     are a direct result of bid savings may be transferred to the 
     ``Filipino Veterans Equity Compensation Fund'' account

[[Page S4557]]

     and any remaining amounts of such unobligated balances not 
     transferred to the ``Filipino Veterans Equity Compensation 
     Fund'' account may be used by the Secretary of Vet-
                                 ______
                                 
   SA 4298. Mr. NELSON of Florida (for himself and Mr. Shelby) 
submitted an amendment intended to be proposed to amendment SA 4234 
proposed by Ms. Landrieu to the bill H.R. 4899, making supplemental 
appropriations for the fiscal year ending September 30, 2010, and for 
other purposes; which was ordered to lie on the table, as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

                                TITLE II

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

       For an additional amount, in addition to amounts provided 
     elsewhere in this Act, for ``Economic Development Assistance 
     Programs'', 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, $10,000,000, 
     to remain available until expended, of which not less than 
     $5,000,000 shall be used to provide technical assistance 
     grants in accordance with section 2002.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

       For an additional amount, in addition to amounts provided 
     elsewhere in this Act, for ``Operations, Research, and 
     Facilities'', $13,000,000, 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 that resources provided under other 
     authorities and appropriations including by the responsible 
     parties under the Oil Pollution Act, 33 U.S.C. 2701, et seq., 
     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).
       For an additional amount, in addition to amounts provided 
     elsewhere in this Act, for ``Operations, Research, and 
     Facilities'', for activities undertaken including scientific 
     investigations and sampling as a result of the incidents 
     related to the discharge of oil and the use of oil 
     dispersants that began in 2010 in connection with the 
     explosion on, and sinking of, the mobile offshore drilling 
     unit Deepwater Horizon, $7,000,000, to remain available until 
     expended. These activities may be funded through the 
     provision of grants to universities, colleges and other 
     research partners through extramural research funding.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

       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.

                       DEPARTMENT OF THE INTERIOR

                          Departmental Offices

                        Office of the Secretary

                         salaries and expenses

                     (including transfer of funds)

       For an additional amount for the ``Office of the Secretary, 
     Salaries and Expenses'' for increased inspections, 
     enforcement, investigations, environmental and engineering 
     studies, and other activities related to emergency offshore 
     oil spill incidents in the Gulf of Mexico, $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 of the Interior to carry out the purposes 
     provided herein.

                         DEPARTMENT OF JUSTICE

                            Legal Activities

            salaries and expenses, general legal activities

       For an additional amount for ``Salaries and Expenses, 
     General Legal Activities'', $10,000,000, to remain available 
     until expended, for litigation expenses resulting from 
     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.

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

       For an additional amount for ``Science and Technology'' 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 Secretary of 
     Commerce and the Secretary of the Interior: Provided further, 
     That the study may be funded through the provision of grants 
     to universities and colleges through extramural research 
     funding.

                     GENERAL PROVISION--THIS TITLE

                           deepwater horizon

     SEC. 2001.

       (a) In General.--Section 6002(b) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2752) is amended in the second sentence:
       (1) by inserting ``: (1)'' before ``may obtain an advance'' 
     and after ``the Coast Guard'';
       (2) by striking ``advance. Amounts'' and inserting the 
     following: ``advance; (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 (3) amounts''.
       (b) Assessment of Environmental Impacts.--
       (1) Definitions.--In this subsection:
       (A) Deepwater horizon oil discharge.--The term ``Deepwater 
     Horizon oil discharge'' means the discharge of oil and the 
     use of oil dispersants that began in 2010 in connection with 
     the explosion on, and sinking of, the mobile offshore 
     drilling unit Deepwater Horizon in the Gulf of Mexico.
       (B) Responsible party.--The term ``responsible party'' 
     means a responsible party (as defined in section 1001 of the 
     Oil Pollution Act of 1990 (33 U.S.C. 2701)) with respect to 
     the Deepwater Horizon oil discharge.
       (2) Appropriations of funds.--
       (A) In general.--For an additional amount, in addition to 
     amounts provided elsewhere in this Act for ``Operations, 
     Research, and Facilities'' of the National Oceanic and 
     Atmospheric Administration, $22,400,000 to carry out enhanced 
     fisheries data collection in the Gulf of Mexico to assess 
     environmental impacts related to the Deepwater Horizon oil 
     discharge.
       (B) Grants to fishermen.--Of the amount appropriated under 
     subparagraph (A), $5,000,000 shall be available to provide 
     cooperative research grants to fishermen to collect data to 
     establish ecosystem baselines to assist managers in fully 
     understanding the extent of the damage that resulted from the 
     Deepwater Horizon oil discharge.
       (3) Liability and reimbursement.--Notwithstanding any 
     limitation on liability under section 1004 of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2704) or any other provision 
     of law, each responsible party shall, upon the demand of the 
     Secretary of the Treasury, reimburse the general fund of the 
     Treasury for the amount appropriated pursuant to paragraph 
     (2).

     SEC. 2002. FUNDING FOR ENVIRONMENTAL AND FISHERIES IMPACTS.

       (a) Definitions.--In this section:
       (1) Deepwater horizon oil discharge.--The term ``Deepwater 
     Horizon oil discharge'' means the discharge of oil and the 
     use of oil dispersants that began in 2010 in connection with 
     the explosion on, and sinking of, the mobile offshore 
     drilling unit Deepwater Horizon in the Gulf of Mexico.
       (2) Oil spill liability trust fund.--The term ``Oil Spill 
     Liability Trust Fund'' means the Oil Spill Liability Trust 
     Fund established under section 9509 of the Internal Revenue 
     Code of 1986 (26 U.S.C. 9509).
       (3) Responsible party.--The term ``responsible party'' 
     means a responsible party (as defined in section 1001 of the 
     Oil Pollution Act of 1990 (33 U.S.C. 2701)) with respect to 
     the Deepwater Horizon oil discharge.
       (b) Availability of Funds.--Notwithstanding any provision 
     of section 9509 of the Internal Revenue Code of 1986 (26 
     U.S.C. 9509), amounts from the Oil Spill Liability Trust Fund 
     shall be made available for the following purposes:
       (1) Fisheries disaster relief.--For an additional amount, 
     in addition to other amounts provided in this Act for the 
     National Oceanic and Atmospheric Administration, $20,000,000 
     to be available to provide fisheries disaster relief under 
     section 312 of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1861a) related to a commercial 
     fishery failure due to a fishery resource disaster in the 
     Gulf of Mexico that resulted from the Deepwater Horizon oil 
     discharge.
       (2) Expanded stock assessment of fisheries.--For an 
     additional amount, in addition to other amounts provided in 
     this Act for the National Oceanic and Atmospheric 
     Administration, $15,000,000 to conduct an expanded stock 
     assessment of the fisheries of the Gulf of Mexico. Such 
     expanded stock assessment shall include an assessment of the 
     commercial and recreational catch and biological sampling, 
     observer programs, data

[[Page S4558]]

     management and processing activities, the conduct of 
     assessments, and follow-up evaluations of such fisheries.
       (3) Ecosystem services impacts study.--For an additional 
     amount, in addition to other amounts provided for the 
     Department of Commerce, $1,000,000 to be available for the 
     National Academy of Sciences to conduct a study of the long-
     term ecosystem service impacts of the Deepwater Horizon oil 
     discharge. Such study shall assess long-term costs to the 
     public of lost water filtration, hunting, and fishing 
     (commercial and recreational), and other ecosystem services 
     associated with the Gulf of Mexico.
       (c) Liability and Reimbursement.--Notwithstanding any 
     limitation on liability under section 1004 of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2704) or any other provision 
     of law, each responsible party shall, upon the demand of the 
     Secretary of the Treasury, reimburse the Oil Spill Liability 
     Trust Fund for the amounts made available pursuant to 
     subsection (b).

     SEC. 2003. OIL SPILL CLAIMS ASSISTANCE AND RECOVERY.

       (a) Establishment of Grant Program.--The Secretary of 
     Commerce (referred to in this section as the ``Secretary'') 
     shall establish a grant program to provide to eligible (as 
     determined by the Secretary) organizations technical 
     assistance grants for use in assisting individuals and 
     businesses affected by the Deepwater Horizon oil spill in the 
     Gulf of Mexico (referred to in this section as the ``oil 
     spill'').
       (b) Application.--An organization that seeks to receive a 
     grant under this section shall submit to the Secretary an 
     application for the grant at such time, in such form, and 
     containing such information as the Secretary shall require.
       (c) Use of Funds.--
       (1) In general.--Funds from a grant provided under this 
     section may be used by an eligible organization--
       (A) to support--
       (i) education;
       (ii) outreach;
       (iii) intake;
       (iv) language services;
       (v) accounting services;
       (vi) legal services offered pro bono or by a nonprofit 
     organization;
       (vii) damage assessments;
       (viii) economic loss analysis;
       (ix) collecting and preparing documentation; and
       (x) assistance in the preparation and filing of claims or 
     appeals;
       (B) to provide assistance to individuals or businesses 
     seeking assistance from or under--
       (i) a party responsible for the oil spill;
       (ii) the Oil Spill Liability Trust Fund;
       (iii) an insurance policy; or
       (iv) any other program administered by the Federal 
     Government or a State or local government;
       (C) to pay for salaries, training, and appropriate expenses 
     relating to the purchase or lease of property to support 
     operations, equipment (including computers and 
     telecommunications), and travel expenses;
       (D) to assist other organizations in--
       (i) assisting specific business sectors;
       (ii) providing services;
       (iii) assisting specific jurisdictions; or
       (iv) otherwise supporting operations; and
       (E) to establish an advisory board of service providers and 
     technical experts--
       (i) to monitor the claims process relating to the oil 
     spill; and
       (ii) to provide recommendations to the parties responsible 
     for the oil spill, the National Pollution Funds Center, other 
     appropriate agencies, and Congress to improve fairness and 
     efficiency in the claims process.
       (2) Prohibition on use of funds.--Funds from a grant 
     provided under this section may not be used to provide 
     compensation for damages or removal costs relating to the oil 
     spill.
       (d) Provision of Grants.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall provide grants 
     under this section.
       (2) Networked organizations.--The Secretary is encouraged 
     to consider applications for grants under this section from 
     organizations that have established networks with affected 
     business sectors, including--
       (A) the fishery and aquaculture industries;
       (B) the restaurant, grocery, food processing, and food 
     delivery industries; and
       (C) the hotel and tourism industries.
       (3) Training.--Not later than 30 days after the date on 
     which an eligible organization receives a grant under this 
     section, the Director of the National Pollution Funds Center 
     and the parties responsible for the oil spill shall provide 
     training to the organization regarding the applicable rules 
     and procedures for the claims process relating to the oil 
     spill.
       (4) Availability of funds.--Funds from a grant provided 
     under this section shall be available until the later of, as 
     determined by the Secretary--
       (A) the date that is 6 years after the date on which the 
     oil spill occurred; and
       (B) the date on which all claims relating to the oil spill 
     have been satisfied.

     SEC. 2004. GULF OF MEXICO RESTORATION AND PROTECTION.

       (a) Short Title.--This section may be cited as the ``Gulf 
     of Mexico Restoration and Protection Act''.
       (b) Findings and Purposes.--
       (1) Findings.--Congress finds that--
       (A) the Gulf of Mexico is a valuable resource of national 
     and international importance, continuously serving the people 
     of the United States and other countries as an important 
     source of food, economic productivity, recreation, beauty, 
     and enjoyment;
       (B) over many years, the resource productivity and water 
     quality of the Gulf of Mexico and its watershed have been 
     diminished by point and nonpoint source pollution;
       (C) the United States should seek to attain the protection 
     and restoration of the Gulf of Mexico ecosystem as a 
     collaborative regional goal of the Gulf of Mexico Program; 
     and
       (D) the Administrator of the Environmental Protection 
     Agency, in consultation with other Federal agencies and State 
     and local authorities, should coordinate the effort to meet 
     those goals.
       (2) Purposes.--The purposes of this section are--
       (A) to expand and strengthen cooperative voluntary efforts 
     to restore and protect the Gulf of Mexico;
       (B) to expand Federal support for monitoring, management, 
     and restoration activities in the Gulf of Mexico and its 
     watershed;
       (C) to commit the United States to a comprehensive 
     cooperative program to achieve improved water quality in, and 
     improvements in the productivity of living resources of, the 
     Gulf of Mexico; and
       (D) to establish a Gulf of Mexico Program to serve as a 
     national and international model for the collaborative 
     management of large marine ecosystems.
       (c) Gulf of Mexico Restoration and Protection.--Title I of 
     the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 123. GULF OF MEXICO RESTORATION AND PROTECTION.

       ``(a) Definitions.--In this section;
       ``(1) Gulf of mexico ecosystem.--The term `Gulf of Mexico 
     ecosystem' means the ecosystem of the Gulf of Mexico and its 
     watershed.
       ``(2) Gulf of mexico executive council.--The term `Gulf of 
     Mexico Executive Council' means the formal collaborative 
     Federal, State, local, and private participants in the 
     Program.
       ``(3) Program.--The term `Program' means the Gulf of Mexico 
     Program established by the Administrator in 1988 as a 
     nonregulatory, inclusive partnership to provide a broad 
     geographic focus on the primary environmental issues 
     affecting the Gulf of Mexico.
       ``(4) Program office.--The term `Program Office' means the 
     office established by the Administrator to administer the 
     Program that is reestablished by subsection (b)(1)(A).
       ``(b) Continuation of Gulf of Mexico Program.--
       ``(1) Gulf of mexico program office.--
       ``(A) Reestablishment.--The Program Office established 
     before the date of enactment of this section by the 
     Administrator is reestablished as an office of the 
     Environmental Protection Agency.
       ``(B) Requirements.--The Program Office shall be--
       ``(i) headed by a Director who, by reason of management 
     experience and technical expertise relating to the Gulf of 
     Mexico, is highly qualified to direct the development of 
     plans and programs on a variety of Gulf of Mexico issues, as 
     determined by the Administrator; and
       ``(ii) located in a State all or a portion of the coastline 
     of which is on the Gulf of Mexico.
       ``(C) Functions.--The Program Office shall--
       ``(i) coordinate the actions of the Environmental 
     Protection Agency with the actions of the appropriate 
     officials of other Federal agencies and State and local 
     authorities in developing strategies--

       ``(I) to improve the water quality and living resources in 
     the Gulf of Mexico ecosystem; and
       ``(II) to obtain the support of appropriate officials;

       ``(ii) in cooperation with appropriate Federal, State, and 
     local authorities, assist in developing and implementing 
     specific action plans to carry out the Program;
       ``(iii) coordinate and implement priority State-led and 
     community-led restoration plans and projects, and facilitate 
     science, research, modeling, monitoring, data collection, and 
     other activities that support the Program through the 
     provision of grants under subsection (d);
       ``(iv) implement outreach programs for public information, 
     education, and participation to foster stewardship of the 
     resources of the Gulf of Mexico;
       ``(v) develop and make available, through publications, 
     technical assistance, and other appropriate means, 
     information pertaining to the environmental quality and 
     living resources of the Gulf of Mexico ecosystem;
       ``(vi) serve as the liaison with, and provide information 
     to, the Mexican members of the Gulf of Mexico States Accord 
     and Mexican counterparts of the Environmental Protection 
     Agency; and
       ``(vii) focus the efforts and resources of the Program 
     Office on activities that will result in measurable 
     improvements to water quality and living resources of the 
     Gulf of Mexico ecosystem.
       ``(c) Interagency Agreements.--The Administrator may enter 
     into 1 or more interagency agreements with other Federal 
     agencies to carry out this section.
       ``(d) Grants.--
       ``(1) In general.--In accordance with the Program, the 
     Administrator, acting through the Program Office, may provide 
     grants to

[[Page S4559]]

     nonprofit organizations, State and local governments, 
     colleges, universities, interstate agencies, and individuals 
     to carry out this section for use in--
       ``(A) monitoring the water quality and living resources of 
     the Gulf of Mexico ecosystem;
       ``(B) researching the effects of natural and human-induced 
     environmental changes on the water quality and living 
     resources of the Gulf of Mexico ecosystem;
       ``(C) developing and executing cooperative strategies that 
     address the water quality and living resource needs in the 
     Gulf of Mexico ecosystem;
       ``(D) developing and implementing locally based protection 
     and restoration programs or projects within a watershed that 
     complement those strategies, including the creation, 
     restoration, protection, or enhancement of habitat associated 
     with the Gulf of Mexico ecosystem; and
       ``(E) eliminating or reducing nonpoint sources that 
     discharge pollutants that contaminate the Gulf of Mexico 
     ecosystem, including activities to eliminate leaking septic 
     systems and construct connections to local sewage systems.
       ``(2) Federal share.--The Federal share of the cost of any 
     project or activity carried out using a grant provided under 
     this section shall not exceed 75 percent, as determined by 
     the Administrator.
       ``(3) Administrative costs.--Administrative costs in the 
     form of salaries, overhead, or indirect costs for services 
     provided and charged against programs or projects carried out 
     using funds made available through a grant under this 
     subsection shall not exceed 15 percent of the amount of the 
     grant.
       ``(e) Reports.--
       ``(1) Annual report.--Not later than December 30, 2009, and 
     annually thereafter, the Director of the Program Office shall 
     submit to the Administrator and make available to the public 
     a report that describes--
       ``(A) each project and activity funded under this section 
     during the previous fiscal year;
       ``(B) the goals and objectives of those projects and 
     activities; and
       ``(C) the net benefits of projects and activities funded 
     under this section during previous fiscal years.
       ``(2) Assessment.--
       ``(A) In general.--Not later than April 30, 2011, and every 
     5 years thereafter, the Administrator, in coordination with 
     the Gulf of Mexico Executive Council, shall complete an 
     assessment, and submit to Congress a comprehensive report on 
     the performance, of the Program.
       ``(B) Requirements.--The assessment and report described in 
     subparagraph (A) shall--
       ``(i) assess the overall state of the Gulf of Mexico 
     ecosystem;
       ``(ii) compare the current state of the Gulf of Mexico 
     ecosystem with a baseline assessment;
       ``(iii) include specific measures to assess any 
     improvements in water quality and living resources of the 
     Gulf of Mexico ecosystem;
       ``(iv) assess the effectiveness of the Program management 
     strategies being implemented, and the extent to which the 
     priority needs of the region are being met through that 
     implementation; and
       ``(v) make recommendations for the improved management of 
     the Program, including strengthening strategies being 
     implemented or adopting improved strategies.
       ``(f) Budget Item.--The Administrator, in the annual 
     submission to Congress of the budget of the Environmental 
     Protection Agency, shall include a funding line item request 
     for the Program Office as a separate budget line item.
       ``(g) Limitation on Regulatory Authority.--Nothing in this 
     section establishes any new legal or regulatory authority of 
     the Administrator other than the authority to provide grants 
     in accordance with this section.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, to 
     remain available until expended--
       ``(1) $10,000,000 for fiscal year 2010;
       ``(2) $15,000,000 for fiscal year 2011; and
       ``(3) $25,000,000 for each of fiscal years 2012 through 
     2014.''.
                                 ______
                                 
  SA 4299. Mr. INOUYE submitted an amendment intended to be proposed by 
him to the bill H.R. 4899, making supplemental appropriations for the 
fiscal year ending September 30, 2010, and for other purposes; as 
follows:

       On page 41, line 14, insert before the colon the following: 
     ``or may be retained in the `Construction, Major Projects' 
     account and used by the Secretary of Veterans Affairs for 
     such major medical facility projects (as defined under 
     section 8104(a) of title 38, United States Code) that have 
     been authorized by law as the Secretary considers 
     appropriate''.

                          ____________________