S.Amdt. 4234Senate111th Congress (2009-2011)

To establish a program, and to make available funds, to provide technical assistance grants for use by organizations in assisting individuals and businesses affected by the Deepwater Horizon oil spill in the Gulf of Mexico.

What it does: Rewrites page 74, line 13 through page 79, line 3
Submitted May 25, 2010

What it changes

1 change to H.R. 4899

Replaces text
  1. Rewrites page 74, line 13 through page 79, line 3

    ReplacesPrinted page

    Removes page 74, line 13 through page 79, line 3 of the printed bill. See that page

    Inserted: TITLE II

    Inserted: DEPARTMENT OF COMMERCE

    Inserted: 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.

    Inserted: 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).

    Inserted: 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.

    Inserted: DEPARTMENT OF HEALTH AND HUMAN SERVICES

    Inserted: 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.

    Inserted: DEPARTMENT OF THE INTERIOR

    Inserted: 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.

    Inserted: DEPARTMENT OF JUSTICE

    Inserted: 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.

    Inserted: ENVIRONMENTAL PROTECTION AGENCY

    Show 46 more inserted paragraphs

    Inserted: 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.

    Inserted: GENERAL PROVISION--THIS TITLE

    Inserted: deepwater horizon SEC. 2001. SECTION 6002(B) OF THE OIL POLLUTION ACT OF 1990 (33 U.S.C. 2752) IS AMENDED IN THE SECOND SENTENCE:

    Inserted: (1) by inserting ": (1)" before "may obtain an advance" and after "the Coast Guard";

    Inserted: (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".

    Inserted: SEC. 2002. OIL SPILL CLAIMS ASSISTANCE AND RECOVERY.

    Inserted: (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").

    Inserted: (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.

    Inserted: (c) Use of Funds.--

    Inserted: (1) In general.--Funds from a grant provided under this section may be used by an eligible organization--

    Inserted: (A) to support--

    Inserted: (i) education;

    Inserted: (ii) outreach;

    Inserted: (iii) intake;

    Inserted: (iv) language services;

    Inserted: (v) accounting services;

    Inserted: (vi) legal services offered pro bono or by a nonprofit organization;

    Inserted: (vii) damage assessments;

    Inserted: (viii) economic loss analysis;

    Inserted: (ix) collecting and preparing documentation; and

    Inserted: (x) assistance in the preparation and filing of claims or appeals;

    Inserted: (B) to provide assistance to individuals or businesses seeking assistance from or under--

    Inserted: (i) a party responsible for the oil spill;

    Inserted: (ii) the Oil Spill Liability Trust Fund;

    Inserted: (iii) an insurance policy; or

    Inserted: (iv) any other program administered by the Federal Government or a State or local government;

    Inserted: (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;

    Inserted: (D) to assist other organizations in--

    Inserted: (i) assisting specific business sectors;

    Inserted: (ii) providing services;

    Inserted: (iii) assisting specific jurisdictions; or

    Inserted: (iv) otherwise supporting operations; and

    Inserted: (E) to establish an advisory board of service providers and technical experts--

    Inserted: (i) to monitor the claims process relating to the oil spill; and

    Inserted: (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.

    Inserted: (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.

    Inserted: (d) Provision of Grants.--

    Inserted: (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary shall provide grants under this section.

    Inserted: (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--

    Inserted: (A) the fishery and aquaculture industries;

    Inserted: (B) the restaurant, grocery, food processing, and food delivery industries; and

    Inserted: (C) the hotel and tourism industries.

    Inserted: (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.

    Inserted: (4) Availability of funds.--Funds from a grant provided under this section shall be available until the later of, as determined by the Secretary--

    Inserted: (A) the date that is 6 years after the date on which the oil spill occurred; and

    Inserted: (B) the date on which all claims relating to the oil spill have been satisfied.

    Original wording

    Beginning on page 74, strike line 13 and all that follows through page 79, line 3, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 4234. Ms. LANDRIEU proposed an amendment to the bill H.R. 4899, making emergency supplemental appropriations for disaster relief and summer jobs for the fiscal year ending September 30, 2010, and for other purposes; as follows:

Beginning on page 74, strike line 13 and all that follows through page 79, line 3, and 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. 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”.

SEC. 2002. 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.

Legislative Activity

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5 earlier actions
Floor Latest Action

Considered by Senate. (consideration: CR S4475)

May 27, 2010

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Floor

Considered by Senate. (consideration: CR S4475)

May 27, 2010

Floor

Proposed amendment SA 4234 withdrawn in Senate. (consideration: CR S4503)

May 27, 2010

Floor

Considered by Senate. (consideration: CR S4398)

May 26, 2010

Floor

Senate amendment submitted

May 25, 2010

Floor

Senate amendment proposed (on the floor): Amendment SA 4234 proposed by Senator Landrieu.(consideration: CR S4202-4203; text: CR S4202-4203)

May 25, 2010

Floor

Amendment SA 4234 proposed by Senator Landrieu. (consideration: CR S4202-4203; text: CR S4202-4203) To establish a program, and to make available funds, to provide technical assistance grants for use by organizations in assisting individuals and businesses affected by the Deepwater Horizon oil spill in the Gulf of Mexico.

May 25, 2010

Amendments

1 amendment

Offered to this amendment