113 HR 2287 IH: Native Hawaiian Education Act
U.S. House of Representatives
2013-06-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2287
		IN THE HOUSE OF REPRESENTATIVES

			June 6, 2013
			Ms. Gabbard (for
			 herself, Ms. Hanabusa, and
			 Mr. Young of Alaska) introduced the
			 following bill; which was referred to the Committee on Education and the
			 Workforce

		A BILL
		To amend the Elementary and Secondary Education Act of
		  1965 regarding Native Hawaiian education.

		1.Short titleThis Act may be cited as the
			 Native Hawaiian Education
			 Act.
		2.FindingsSection 7202 of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 7512) is amended to read as follows:

				7202.FindingsCongress finds the following:
					(1)Native Hawaiians
				are a distinct and unique indigenous people with a historical continuity to the
				original inhabitants of the Hawaiian archipelago, whose society was organized
				as a nation and internationally recognized as a nation by the United States,
				the United Kingdom, France, and Japan, as evidenced by treaties governing
				friendship, commerce, and navigation.
					(2)The United States
				has recognized and reaffirmed that—
						(A)Native Hawaiians
				have a cultural, historic, and land-based link to the indigenous people who
				exercised sovereignty over the Hawaiian Islands, and that group has never
				relinquished its claims to sovereignty or its sovereign lands;
						(B)the United States
				furnishes services to Native Hawaiians because of their unique status as the
				indigenous people of a once sovereign nation with whom the United States has
				established a trust relationship;
						(C)Congress has also
				delegated broad authority to administer a portion of the Federal trust
				responsibility to the State of Hawaii;
						(D)the political
				status of Native Hawaiians is comparable to that of American Indians and Alaska
				Natives; and
						(E)the aboriginal,
				indigenous people of the United States have—
							(i)a
				continuing right to autonomy in their internal affairs; and
							(ii)an ongoing right
				of self-determination and self-governance that has never been
				extinguished.
							(3)The political
				relationship between the United States and the Native Hawaiian people has been
				recognized and reaffirmed by the United States, as evidenced by the inclusion
				of Native Hawaiians in—
						(A)the Native
				American Programs Act of 1974 (42 U.S.C. 2991 et seq.);
						(B)Public Law 95–341
				(commonly known as the American Indian Religious Freedom
				Act (42 U.S.C. 1996));
						(C)the National
				Museum of the American Indian Act (20 U.S.C. 80q et seq.);
						(D)the Native
				American Graves Protection and Repatriation Act (25 U.S.C. 3001 et
				seq.);
						(E)the National
				Historic Preservation Act (16 U.S.C. 470 et seq.);
						(F)the Native
				American Languages Act (25 U.S.C. 2901 et seq.);
						(G)the American
				Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20
				U.S.C. 4401 et seq.);
						(H)the Workforce
				Investment Act of 1998 (29 U.S.C. 2801 et seq.); and
						(I)the Older
				Americans Act of 1965 (42 U.S.C. 3001 et seq.).
						(4)In 1993, 2005, and
				2009, the Kamehameha Schools Bishop Estate released the findings of the Native
				Hawaiian Educational Assessment Project, which found that despite the
				successes of the programs established under title IV of the Augustus F.
				Hawkins-Robert T. Stafford Elementary and Secondary School Improvement
				Amendments of 1988, many of the same educational needs still existed for Native
				Hawaiians. Subsequent reports by the Kamehameha Schools Bishop Estate and other
				organizations have generally confirmed those findings. For example—
						(A)Native Hawaiian
				students continue to begin their school experience lagging behind other
				students in terms of readiness factors such as vocabulary test scores;
						(B)Native Hawaiian
				students continue to score below national norms on standardized education
				achievement tests at all grade levels;
						(C)both public and
				private schools continue to show a pattern of lower percentages of Native
				Hawaiian students in the uppermost achievement levels and in gifted and
				talented programs;
						(D)Native Hawaiian
				students continue to be overrepresented among students qualifying for special
				education programs provided to students with learning disabilities, mild mental
				retardation, emotional impairment, and other such disabilities;
						(E)Native Hawaiians
				continue to be underrepresented in institutions of higher education and among
				adults who have completed 4 or more years of college; and
						(F)Native Hawaiians
				continue to be disproportionately represented in many negative social and
				physical statistics indicative of special educational needs.
						(5)The number of
				Native Hawaiian students served by the State of Hawaii Department of Education
				has risen from 20 percent in 1980 to 26 percent in 2008, and there are, and
				will continue to be, geographically rural, isolated areas with a high Native
				Hawaiian population density.
					(6)Despite the
				consequences of more than 100 years of nonindigenous influence, the Native
				Hawaiian people are determined to preserve, develop, and transmit to future
				generations their ancestral territory and their cultural identity, in
				accordance with their own spiritual and traditional beliefs, customs,
				practices, language, and social institutions.
					(7)The State of
				Hawaii, in the constitution and statutes of the State of Hawaii—
						(A)reaffirms and
				protects the unique right of the Native Hawaiian people to practice and
				perpetuate their culture and religious customs, beliefs, practices, and
				language;
						(B)recognizes the
				traditional language of the Native Hawaiian people as an official language of
				the State of Hawaii, which may be used as the language of instruction for all
				subjects and grades in the public school system; and
						(C)promotes the study
				of the Hawaiian culture, language, and history by providing a Hawaiian
				education program and using community expertise as a suitable and essential
				means to further the
				program.
						.
		3.PurposesSection 7203 of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 7513) is amended to read as follows:

				7203.PurposesThe purposes of this part are—
					(1)to authorize,
				develop, implement, assess, and evaluate innovative educational programs,
				Native Hawaiian language medium programs, Native Hawaiian culture-based
				education programs, and other education programs to improve the academic
				achievement of Native Hawaiian students by meeting their unique cultural and
				language needs in order to help such students meet challenging State student
				academic achievement standards;
					(2)to provide
				guidance to appropriate Federal, State, and local agencies to more effectively
				and efficiently focus resources, including resources made available under this
				part, on the development and implementation of—
						(A)innovative
				educational programs for Native Hawaiians;
						(B)rigorous and
				substantive Native Hawaiian language programs; and
						(C)Native Hawaiian
				culture-based educational programs; and
						(3)to create a system
				by which information from programs funded under this part will be collected,
				analyzed, evaluated, reported, and used in decisionmaking activities regarding
				the types of grants awarded under this
				part.
					.
		4.Native Hawaiian
			 Education Council GrantSection 7204 of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 7514) is amended to read as follows:

				7204.Native
				Hawaiian Education Council Grant
					(a)Grant
				AuthorizedIn order to better effectuate the purposes of this
				part through the coordination of educational and related services and programs
				available to Native Hawaiians, including those programs that receive funding
				under this part, the Secretary shall award a grant to an education council, as
				described under subsection (b).
					(b)Education
				Council
						(1)EligibilityTo
				be eligible to receive the grant under subsection (a), the council shall be an
				education council (referred to in this section as the Education
				Council) that meets the requirements of this subsection.
						(2)CompositionThe
				Education Council shall consist of 15 members of whom—
							(A)1 shall be the
				President of the University of Hawaii (or a designee);
							(B)1 shall be the
				Governor of the State of Hawaii (or a designee);
							(C)1 shall be the
				Superintendent of the State of Hawaii Department of Education (or a
				designee);
							(D)1 shall be the
				chairperson of the Office of Hawaiian Affairs (or a designee);
							(E)1 shall be the
				executive director of Hawaii’s Charter School Network (or a designee);
							(F)1 shall be the
				chief executive officer of the Kamehameha Schools (or a designee);
							(G)1 shall be the
				Chief Executive Officer of the Queen Liliuokalani Trust (or a designee);
							(H)1 shall be a
				member, selected by the other members of the Education Council, who represents
				a private grant-making entity;
							(I)1 shall be the
				Mayor of the County of Hawaii (or a designee);
							(J)1 shall be the
				Mayor of Maui County (or a designee from the Island of Maui);
							(K)1 shall be the
				Mayor of the County of Kauai (or a designee);
							(L)1 shall be
				appointed by the Mayor of Maui County from the Island of either Molokai or
				Lanai;
							(M)1 shall be the
				Mayor of the City and County of Honolulu (or a designee);
							(N)1 shall be the
				chairperson of the Hawaiian Homes Commission (or a designee); and
							(O)1 shall be the
				chairperson of the Hawaii Workforce Development Council (or a designee
				representing the private sector).
							(3)RequirementsAny
				designee serving on the Education Council shall demonstrate, as determined by
				the individual who appointed such designee with input from the Native Hawaiian
				community, not less than 5 years of experience as a consumer or provider of
				Native Hawaiian education or cultural activities, with traditional cultural
				experience given due consideration.
						(4)LimitationA
				member (including a designee), while serving on the Education Council, shall
				not be a recipient of grant funds that are awarded under this part.
						(5)Term of
				membersA member who is a designee shall serve for a term of not
				more than 4 years.
						(6)Chair, vice
				chair
							(A)SelectionThe
				Education Council shall select a Chair and a Vice Chair from among the members
				of the Education Council.
							(B)Term
				limitsThe Chair and Vice Chair shall each serve for a 2-year
				term.
							(7)Administrative
				provisions relating to education councilThe Education Council
				shall meet at the call of the Chair of the Council, or upon request by a
				majority of the members of the Education Council, but in any event not less
				often than every 120 days.
						(8)No
				compensationNone of the funds made available through the grant
				may be used to provide compensation to any member of the Education Council or
				member of a working group established by the Education Council, for functions
				described in this section.
						(c)Use of Funds for
				Coordination ActivitiesThe Education Council shall use funds
				made available through the grant to carry out each of the following
				activities:
						(1)Providing advice
				about the coordination, and serving as a clearinghouse for, the educational and
				related services and programs available to Native Hawaiians, including the
				programs assisted under this part.
						(2)Assessing the
				extent to which such services and programs meet the needs of Native Hawaiians,
				and collecting data on the status of Native Hawaiian education.
						(3)Providing
				direction and guidance, through the issuance of reports and recommendations, to
				appropriate Federal, State, and local agencies in order to focus and improve
				the use of resources, including resources made available under this part,
				relating to Native Hawaiian education, and serving, where appropriate, in an
				advisory capacity.
						(4)Awarding grants,
				if such grants enable the Education Council to carry out the activities
				described in paragraphs (1) through (3).
						(5)Hiring an
				executive director who shall assist in executing the duties and powers of the
				Education Council, as described in subsection (d).
						(d)Use of Funds for
				Technical AssistanceThe Education Council shall use funds made
				available through the grant to—
						(1)provide technical
				assistance to Native Hawaiian organizations that are grantees or potential
				grantees under this part;
						(2)obtain from such
				grantees information and data regarding grants awarded under this part,
				including information and data about—
							(A)the effectiveness
				of such grantees in meeting the educational priorities established by the
				Education Council, as described in paragraph (6)(D), using metrics related to
				these priorities; and
							(B)the effectiveness
				of such grantees in carrying out any of the activities described in section
				7205(c) that are related to the specific goals and purposes of each grantee’s
				grant project, using metrics related to these priorities;
							(3)assess and define
				the educational needs of Native Hawaiians;
						(4)assess the
				programs and services available to address the educational needs of Native
				Hawaiians;
						(5)assess and
				evaluate the individual and aggregate impact achieved by grantees under this
				part in improving Native Hawaiian educational performance and meeting the goals
				of this part, using metrics related to these goals;
						(6)prepare and submit
				to the Secretary, at the end of each calendar year, an annual report that
				contains—
							(A)a description of
				the activities of the Education Council during the calendar year;
							(B)a description of
				significant barriers to achieving the goals of this part;
							(C)a summary of each
				community consultation session described in subsection (e); and
							(D)recommendations to
				establish priorities for funding under this part, based on an assessment
				of—
								(i)the educational
				needs of Native Hawaiians;
								(ii)programs and
				services available to address such needs;
								(iii)the
				effectiveness of programs in improving the educational performance of Native
				Hawaiian students to help such students meet challenging State student academic
				achievement standards; and
								(iv)priorities for
				funding in specific geographic communities.
								(e)Use of Funds for
				Community consultationsThe Education Council shall use funds
				made available though the grant under subsection (a) to hold not less than 1
				community consultation each year on each of the islands of Hawaii, Maui,
				Molokai, Lanai, Oahu, and Kauai, at which—
						(1)not less than 3
				members of the Education Council shall be in attendance;
						(2)the Education
				Council shall gather community input regarding—
							(A)current grantees
				under this part, as of the date of the consultation;
							(B)priorities and
				needs of Native Hawaiians; and
							(C)other Native
				Hawaiian education issues; and
							(3)the Education
				Council shall report to the community on the outcomes of the activities
				supported by grants awarded under this part.
						(f)FundingFor
				each fiscal year, the Secretary shall use the amount described in section
				7206(d)(2), to make a payment under the grant. Funds made available through the
				grant shall remain available until expended.
					(g)ReportBeginning
				not later than 2 years after the date of enactment of the
				Native Hawaiian Education Act,
				and for each subsequent year, the Secretary shall prepare and submit to the
				Committee on Education and the Workforce of the House of Representatives, and
				the Committee on Indian Affairs and the Committee on Health, Education, Labor,
				and Pensions of the Senate, a report that—
						(1)summarizes the
				annual reports of the Education Council;
						(2)describes the
				allocation and use of funds under this part and the information gathered since
				the first annual report submitted by the Education Council to the Secretary
				under this section; and
						(3)contains
				recommendations for changes in Federal, State, and local policy to advance the
				purposes of this
				part.
						.
		5.Grant program
			 authorizedSection 7205 of the
			 Elementary and Secondary Education Act of 1965 (20 U.S.C. 7515 et seq.) is
			 amended to read as follows:

				7205.Grant Program
				authorized
					(a)Grants and
				contractsIn order to carry out programs that meet the purposes
				of this part, the Secretary is authorized to award grants to, or enter into
				contracts with—
						(1)Native Hawaiian
				educational organizations;
						(2)Native Hawaiian
				community-based organizations;
						(3)public and private
				nonprofit organizations, agencies, and institutions with experience in
				developing or operating Native Hawaiian education and workforce development
				programs or programs of instruction in the Native Hawaiian language;
						(4)charter schools;
				and
						(5)consortia of the
				organizations, agencies, and institutions described in paragraphs (1) through
				(4).
						(b)PriorityIn
				awarding grants and entering into contracts under this part, the Secretary
				shall give priority to—
						(1)programs that meet
				the educational priority recommendations of the Education Council, as described
				under section 7204(d)(6)(E);
						(2)the repair and
				renovation of public schools that serve high concentrations of Native Hawaiian
				students;
						(3)programs designed
				to improve the academic achievement of Native Hawaiian students by meeting
				their unique cultural and language needs in order to help such students meet
				challenging State student academic achievement standards, including activities
				relating to—
							(A)achieving
				competence in reading, literacy, mathematics, and science for students in
				preschool through grade 3;
							(B)the educational
				needs of at-risk children and youth;
							(C)professional
				development for teachers and administrators;
							(D)the use of Native
				Hawaiian language and preservation or reclamation of Native Hawaiian
				culture-based educational practices;
							(E)preparation for
				employment in fields in which Native Hawaiians are underemployed or
				underrepresented; and
							(F)other programs
				relating to the activities described in this part; and
							(4)programs in which
				a State educational agency, local educational agency, institution of higher
				education, or a State educational agency or local educational agency in
				partnership with an institution of higher education apply for a grant or
				contract under this part as part of a partnership or consortium.
						(c)Authorized
				activitiesActivities provided through programs carried out under
				this part may include—
						(1)the development
				and maintenance of a statewide Native Hawaiian early education and care system
				to provide a continuum of high-quality early learning services for Native
				Hawaiian children from the prenatal period through the age of kindergarten
				entry;
						(2)the operation of
				family-based education centers that provide such services as—
							(A)programs for
				Native Hawaiian parents and infants from the prenatal period through age
				3;
							(B)early care and
				education programs for Native Hawaiians; and
							(C)research on, and
				development and assessment of, family-based, early childhood, and preschool
				programs for Native Hawaiians;
							(3)activities that
				enhance beginning reading and literacy in either the Hawaiian or the English
				language among Native Hawaiian students in kindergarten through grade 3 and
				assistance in addressing the distinct features of combined English and Hawaiian
				literacy for Hawaiian speakers in grades 5 and 6;
						(4)activities to meet
				the special needs of Native Hawaiian students with disabilities,
				including—
							(A)the identification
				of such students and their needs;
							(B)the provision of
				support services to the families of such students; and
							(C)other activities
				consistent with the requirements of the Individuals with Disabilities Education
				Act;
							(5)activities that
				address the special needs of Native Hawaiian students who are gifted and
				talented, including—
							(A)educational,
				psychological, and developmental activities designed to assist in the
				educational progress of such students; and
							(B)activities that
				involve the parents of such students in a manner designed to assist in the
				educational progress of such students;
							(6)the development of
				academic and vocational curricula to address the needs of Native Hawaiian
				children and adults, including curricula materials in the Hawaiian language and
				mathematics and science curricula that incorporate Native Hawaiian tradition
				and culture;
						(7)professional
				development activities for educators, including—
							(A)the development of
				programs to prepare prospective teachers to address the unique needs of Native
				Hawaiian students within the context of Native Hawaiian culture, language, and
				traditions;
							(B)in-service
				programs to improve the ability of teachers who teach in schools with high
				concentrations of Native Hawaiian students to meet the unique needs of such
				students; and
							(C)the recruitment
				and preparation of Native Hawaiians, and other individuals who live in
				communities with a high concentration of Native Hawaiians, to become
				teachers;
							(8)the operation of
				community-based learning centers that address the needs of Native Hawaiian
				families and communities through the coordination of public and private
				programs and services, including—
							(A)early care and
				education programs;
							(B)before- and
				after-school programs and weekend academies;
							(C)career and
				technical and adult education programs; and
							(D)programs that
				recognize and support the unique cultural and educational needs of Native
				Hawaiian children, and incorporate appropriately qualified Native Hawaiian
				elders and seniors;
							(9)activities,
				including program co-location, to enable Native Hawaiians to enter and complete
				programs of postsecondary education, including—
							(A)subject to
				subsection (f), the provision of full or partial scholarships for undergraduate
				or graduate study that are awarded to students based on their academic promise
				and financial need, with a priority, at the graduate level, given to students
				entering professions in which Native Hawaiians are underrepresented;
							(B)family literacy
				services;
							(C)counseling and
				support services for students receiving scholarship assistance;
							(D)counseling and
				guidance for Native Hawaiian secondary school students who have the potential
				to receive scholarships;
							(E)assistance with
				completing the college admissions and financial aid application processes;
				and
							(F)faculty
				development activities designed to promote the matriculation of Native Hawaiian
				students;
							(10)research and data
				collection activities to determine the educational status and needs of Native
				Hawaiian children and adults;
						(11)other research
				and evaluation activities related to programs carried out under this part;
				and
						(12)other activities,
				consistent with the purposes of this part, to meet the educational needs of
				Native Hawaiian children and adults.
						(d)Additional
				activitiesNotwithstanding any other provision of this part,
				funds made available to carry out this section as of the day before the date of
				enactment of the Native Hawaiian Education
				Act shall remain available until expended. The Secretary shall
				use such funds to support the following:
						(1)The development of
				a body of Native Hawaiian law.
						(2)The repair and
				renovation of public schools that serve high concentrations of Native Hawaiian
				students.
						(3)The perpetuation
				of, and expansion of access to, Hawaiian culture and history through digital
				archives.
						(4)Informal education
				programs that connect traditional Hawaiian knowledge, science, astronomy, and
				the environment through State museums or learning centers.
						(5)Public charter
				schools serving high concentrations of Native Hawaiian students.
						(e)Administrative
				costs
						(1)In
				generalExcept as provided in paragraph (2), not more than 5
				percent of funds provided to a recipient of a grant or contract under this
				section for any fiscal year may be used for administrative purposes.
						(2)ExceptionThe
				Secretary may waive the requirement of paragraph (1) for a nonprofit entity
				that receives funding under this section and allow not more than 10 percent of
				funds provided to such nonprofit entity under this section for any fiscal year
				to be used for administrative purposes.
						(f)Scholarship rule
				and conditions
						(1)Institutions
				outside HawaiiThe Secretary shall not establish a policy under
				this section that prevents a Native Hawaiian student enrolled at a 2- or 4-year
				degree-granting institution of higher education outside of the State of Hawaii
				from receiving a scholarship pursuant to subsection (c)(9)(A).
						(2)Scholarship
				conditionsThe Secretary shall establish conditions for receipt
				of a scholarship awarded under subsection (c)(9)(A). The conditions shall
				require that an individual seeking such a scholarship enter into a contract to
				provide professional services to the Native Hawaiian community, either during
				the scholarship period or upon completion of a program of postsecondary
				education.
						.
		6.Administrative
			 provisions; authorization of appropriationsSection 7206 of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 7516) is amended to read as follows:

				7206.Administrative
				provisions
					(a)Application
				requiredNo grant may be made under this part, and no contract
				may be entered into under this part, unless the entity seeking the grant or
				contract submits an application to the Secretary at such time, in such manner,
				and containing such information as the Secretary may determine to be necessary
				to carry out the provisions of this part.
					(b)Direct grant
				applicationsThe Secretary shall provide a copy of all direct
				grant applications to the Education Council.
					(c)Supplement not
				supplant
						(1)In
				generalExcept as provided in paragraph (2), funds made available
				under this part shall be used to supplement, and not supplant, any State or
				local funds used to achieve the purposes of this part.
						(2)ExceptionParagraph (1) shall not apply to any
				nonprofit entity or Native Hawaiian community-based organization that receives
				a grant or other funds under this part.
						(d)Authorization of
				appropriations
						(1)In
				generalThere are authorized to be appropriated to carry out this
				section, and sections 7204 and 7205, such sums as may be necessary for fiscal
				year 2014 and each of the 5 succeeding fiscal years.
						(2)ReservationOf
				the funds appropriated under this subsection, the Secretary shall reserve, for
				each fiscal year after the date of enactment of the
				Native Hawaiian Education Act
				not less than $500,000 for the grant to the Education Council under section
				7204.
						(3)AvailabilityFunds
				appropriated under this subsection shall remain available until
				expended.
						.
		7.DefinitionsSection 7207 of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 7517) is amended—
			(1)by redesignating
			 paragraphs (1) through (6) as paragraphs (2) through (7), respectively;
			 and
			(2)by inserting
			 before paragraph (2) (as redesignated by paragraph (1)) the following:

					(1)Community
				consultationThe term community consultation means a
				public gathering—
						(A)to discuss Native
				Hawaiian education concerns; and
						(B)about which the
				public has been given not less than 30 days
				notice.
						.


117 HR 3454 IH: Modernizing Disclosures for Investors Act
U.S. House of Representatives
2021-05-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 3454IN THE HOUSE OF REPRESENTATIVESMay 20, 2021Mrs. Wagner introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo require the Securities and Exchange Commission to implement rules simplifying the quarterly financial reporting regime.1.Short titleThis Act may be cited as the Modernizing Disclosures for Investors Act.2.Issuer option for simplified quarterly financial reporting(a)In generalNot later than one year after the date of enactment of this Act, the Securities and Exchange Commission shall issue such rules as the Commission determines may be necessary or appropriate in the public interest or for the protection of investors to allow issuers of securities traded on a national securities exchange to elect to disclose quarterly financial information in a simplified manner, such as through a press release or by a shortened form. In issuing such disclosure rules, the Commission shall—(1)amend rules issued pursuant to sections 13(a) and 15(d) of the Securities Exchange Act of 1934 to permit issuers of securities traded on a national securities exchange to disclose quarterly financial information in a manner other than through filing a Form 10–Q;(2)require financial statements disclosed pursuant to such rules to include a quarterly income statement, a balance sheet as of the last day of the quarter, and a statement of operations, all prepared in accordance with such rules as the Commission may adopt consistent with this Act;(3)not provide any exemption with respect to the requirements of section 302 of the Sarbanes-Oxley Act of 2002 and section 1350 of title 18, United States Code; and(4)require that such disclosures include a statement of any material changes in financial condition or results of operations since the end of the issuer’s most recent financial statements disclosed pursuant to the Commission’s rules.(b)DefinitionsFor purposes of this section:(1)National securities exchangeThe term national securities exchange means an exchange registered as a national securities exchange pursuant to section 6 of the Securities Exchange Act of 1934.(2)Other termsThe terms Commission, issuer, and security have the meaning given those terms, respectively, under section 3 of the Securities Exchange Act of 1934.


116 HR 2743 IH: To repeal the Office of Financial Research, and for other purposes.
U.S. House of Representatives
2019-05-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 2743IN THE HOUSE OF REPRESENTATIVESMay 15, 2019Mr. Budd (for himself, Mr. Mooney of West Virginia, and Mr. Davidson of Ohio) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo repeal the Office of Financial Research, and for other purposes.

		1.Repeal of the Office of Financial Research
 (a)In generalSubtitle B of title I of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5342) is hereby repealed.
 (b)Conforming amendments to the Dodd-Frank Wall Street Reform and Consumer Protection ActThe Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended— (1)in the table of contents in section 1(b), by striking the items relating to subtitle B of title I;
 (2)in section 102(a)— (A)by striking paragraph (5); and
 (B)by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively; (3)in section 111—
 (A)in subsection (b)(2)— (i)by striking subparagraph (A); and
 (ii)by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively; and (B)in subsection (c)(1), by striking subparagraphs (C), (D), and (E) and inserting subparagraphs (B), (C), and (D);
 (4)in section 112— (A)in subsection (a)(2)—
 (i)in subparagraph (A), by striking direct the Office of Financial Research to; (ii)by striking subparagraph (B); and
 (iii)by redesignating subparagraphs (C) through (N) as subparagraphs (B) through (M), respectively; and (B)in subsection (d)—
 (i)in paragraph (1), by striking the Office of Financial Research, member agencies, and and inserting member agencies and; (ii)in paragraph (2), by striking the Office of Financial Research, any member agency, and and inserting any member agency and;
 (iii)in paragraph (3)— (I)by striking , acting through the Office of Financial Research, each place the term appears; and
 (II)in subparagraph (B), by striking the Office of Financial Research or; and (iv)in paragraph (5)(A), by striking , the Office of Financial Research,; and
 (5)in section 116, by striking , acting through the Office of Financial Research, each place the term appears. (c)Additional conforming amendments (1)Financial Institutions Reform, Recovery, and Enforcement Act of 1989Section 1206(a) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833b(a)) is amended by striking the Office of Financial Research,.
 (2)Title 5Title 5, United States Code, is amended— (A)in section 3132(a)(1)(D)—
 (i)by striking the Office of Thrift Supervision,, and inserting the Office of Thrift Supervision,; and (ii)by striking the Bureau of Consumer Financial Protection, and the Office of Financial Research and inserting and the Bureau of Consumer Financial Protection; and
 (B)in section 5314, by striking Director of the Office of Financial Research.. (3)Title 44Section 3502(5) of title 44, United States Code, is amended by striking the Office of Financial Research,.


IB
Union Calendar No. 178
112th CONGRESS 1st Session
H. R. 2840
[Report No. 112–266]
IN THE HOUSE OF REPRESENTATIVES

September 2, 2011
Mr. LoBiondo (for himself, Mr. Mica, and Mr. Gibbs) introduced the following bill

September 6, 2011
Referred to the Committee on Transportation and Infrastructure

November 3, 2011
Additional sponsors: Mr. Landry, Mr. LaTourette, Mr. Cooper, Ms. Herrera Beutler, and Mr. Cravaack

November 3, 2011
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic
For text of introduced bill, see copy of bill as introduced on September 2, 2011

A BILL
To amend the Federal Water Pollution Control Act to regulate discharges from commercial vessels, and for other purposes.

1.Short titleThis Act may be cited as the Commercial Vessel Discharges Reform Act of 2011.
2.Discharges from commercial vesselsTitle III of the Federal Water Pollution Control Act (33 U.S.C. 1311 et seq.) is amended by adding at the end the following:

321.Discharges from commercial vessels
(a)DefinitionsIn this section, the following definitions apply:
(1)Aquatic nuisance speciesThe term aquatic nuisance species means a nonindigenous species (including a pathogen) that threatens the diversity or abundance of native species or the ecological stability of navigable waters or commercial, agricultural, aquacultural, or recreational activities dependent on such waters.
(2)Ballast water
(A)In generalThe term ballast water means any water (including any sediment suspended in such water) taken aboard a commercial vessel—
(i)to control trim, list, draught, stability, or stresses of the vessel; or
(ii)during the cleaning, maintenance, or other operation of a ballast water treatment system of the vessel.
(B)ExclusionThe term ballast water does not include any pollutant that is added to water described in subparagraph (A) that is not directly related to the operation of a properly functioning ballast water treatment technology certified under subsection (e).
(3)Ballast water performance standardThe term ballast water performance standard or performance standard means a numerical ballast water performance standard specified under subsection (c) or established under subsection (d).
(4)Ballast water treatment systemThe term ballast water treatment system means any equipment on board a commercial vessel (including all compartments, piping, spaces, tanks, and multi-use compartments, piping, spaces, and tanks) that is—
(A)designed for loading, carrying, treating, or discharging ballast water; and
(B)installed and operated to meet a ballast water performance standard.
(5)Ballast water treatment technologyThe term ballast water treatment technology or treatment technology means any mechanical, physical, chemical, or biological process used, either singularly or in combination, to remove, render harmless, or avoid the uptake or discharge of aquatic nuisance species within ballast water.
(6)BiocideThe term biocide means a substance or organism, including a virus or fungus, that is introduced into, or produced by, a ballast water treatment technology as part of the process used to comply with a ballast water performance standard under this section.
(7)Commercial vesselThe term commercial vessel means every description of watercraft, or other artificial contrivance used or capable of being used as a means of transportation on water, that is engaged in commercial service (as defined under section 2101 of title 46, United States Code).
(8)ConstructedThe term constructed means a state of construction of a commercial vessel at which—
(A)the keel is laid;
(B)construction identifiable with the specific vessel begins;
(C)assembly of the vessel has begun comprising at least 50 tons or 1 percent of the estimated mass of all structural material of the vessel, whichever is less; or
(D)the vessel commences a major conversion.
(9)Discharge incidental to the normal operation of a commercial vessel
(A)In generalThe term discharge incidental to the normal operation of a commercial vessel means—
(i)a discharge into navigable waters from a commercial vessel of—
(I)
(aa)graywater (except graywater referred to in section 312(a)(6)), bilge water, cooling water, oil water separator effluent, anti-fouling hull coating leachate, boiler or economizer blowdown, byproducts from cathodic protection, controllable pitch propeller and thruster hydraulic fluid, distillation and reverse osmosis brine, elevator pit effluent, firemain system effluent, freshwater layup effluent, gas turbine wash water, motor gasoline and compensating effluent, refrigeration and air condensate effluent, seawater pumping biofouling prevention substances, boat engine wet exhaust, sonar dome effluent, exhaust gas scrubber washwater, or stern tube packing gland effluent; or
(bb)any other pollutant associated with the operation of a marine propulsion system, shipboard maneuvering system, habitability system, or installed major equipment, or from a protective, preservative, or absorptive application to the hull of a commercial vessel;
(II)weather deck runoff, deck wash, aqueous film forming foam effluent, chain locker effluent, non-oily machinery wastewater, underwater ship husbandry effluent, welldeck effluent, or fish hold and fish hold cleaning effluent; or
(III)any effluent from a properly functioning marine engine; or
(ii)a discharge of a pollutant into navigable waters in connection with the testing, maintenance, and repair of a system, equipment, or engine described in subclause (I)(bb) or (III) of clause (i) whenever the commercial vessel is waterborne.
(B)ExclusionThe term discharge incidental to the normal operation of a commercial vessel does not include—
(i)a discharge into navigable waters from a commercial vessel of—
(I)ballast water;
(II)rubbish, trash, garbage, incinerator ash, or other such material discharged overboard;
(III)oil or a hazardous substance within the meaning of section 311; or
(IV)sewage within the meaning of section 312; or
(ii)an emission of an air pollutant resulting from the operation onboard a commercial vessel of a vessel propulsion system, motor driven equipment, or incinerator.
(10)Existing commercial vesselThe term existing commercial vessel means a commercial vessel constructed prior to January 1, 2012.
(11)Geographically limited areaThe term geographically limited area means an area—
(A)with a physical limitation that prevents a commercial vessel from operating outside the area, as determined by the Secretary; or
(B)that is ecologically homogeneous, as determined by the Administrator, in consultation with the Secretary.
(12)Major conversionThe term major conversion means a conversion of a commercial vessel that—
(A)changes its ballast water capacity by 15 percent or more; or
(B)prolongs the life of the commercial vessel by 10 years or more, as determined by the Secretary.
(13)ManufacturerThe term manufacturer means a person engaged in the manufacturing, assembling, or importation of a ballast water treatment technology.
(14)Navigable watersThe term navigable waters includes the exclusive economic zone, as defined in section 107 of title 46, United States Code.
(15)Nonindigenous speciesThe term nonindigenous species means a species or other viable biological material that enters an ecosystem beyond its historic range.
(16)Owner or operatorThe term owner or operator means a person owning, operating, or chartering by demise a commercial vessel.
(17)SecretaryThe term Secretary means the Secretary of the department in which the Coast Guard is operating.
(18) Vessel General PermitThe term Vessel General Permit means the Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels issued by the Administrator under section 402 for ballast water and other discharges incidental to the normal operation of vessels, as in effect on December 19, 2008, for all jurisdictions except Alaska and Hawaii, and February 6, 2009, for Alaska and Hawaii.
(b)General provisions
(1)Ballast water discharge requirements for commercial vesselsAn owner or operator may discharge ballast water from a commercial vessel into navigable waters only if—
(A)the discharge—
(i)meets the ballast water performance standard;
(ii)is made pursuant to the safety exemption established by subsection (c)(2);
(iii)meets the requirements of an alternative method of compliance established for the commercial vessel under subsection (f); or
(iv)is made pursuant to a determination that the commercial vessel meets the requirements relating to geographically limited areas under subsection (g); and
(B)the owner or operator discharges the ballast water in accordance with a ballast water management plan approved under subsection (i).
(2)Applicability
(A)Covered vesselsParagraph (1) shall apply to the owner or operator of a commercial vessel that is designed, constructed, or adapted to carry ballast water if the commercial vessel is—
(i)documented under the laws of the United States; or
(ii)operating in navigable waters on a voyage to or from a point in the United States.
(B)Exempted vesselsParagraph (1) shall not apply to the owner or operator of—
(i)a commercial vessel that carries all of its ballast water in sealed tanks that are not subject to discharge;
(ii)a commercial vessel that continuously takes on and discharges ballast water in a flow-through system;
(iii)any vessel in the National Defense Reserve Fleet that is scheduled to be disposed of through scrapping or sinking;
(iv)a commercial vessel that discharges ballast water consisting solely of water—
(I)taken aboard from a municipal or commercial source; and
(II)that, at the time the water is taken aboard, meets the applicable regulations or permit requirements for such source under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) and section 402 of this Act; or
(v)a commercial vessel that is 3 years or fewer from the end of its useful life, as determined by the Secretary, on the date on which the regulations issued under paragraph (3) become effective for the vessel pursuant to the implementation schedule issued under paragraph (3)(B).
(C)LimitationAn exemption under subparagraph (B)(v) shall cease to be effective on the date that is 3 years after the date on which the regulations under paragraph (3) become effective for the commercial vessel pursuant to the implementation schedule issued under paragraph (3)(B).
(3)Issuance of regulations
(A)In generalNot later than 180 days after the date of enactment of this section, the Secretary, in consultation with the Administrator, shall issue final regulations to implement the requirements of this section.
(B)Proposed ruleFor the purposes of chapter 5 of title 5, United States Code, the proposed rulemaking published by the Coast Guard on August 28, 2009 (74 Fed. Reg. 44632; relating to standards for living organisms in ships’ ballast water discharged in U.S. waters), shall serve as a proposed rule for the purposes of issuing regulations under this section.
(4)Compliance schedules
(A)Initial performance standard compliance deadlines
(i)In generalAn owner or operator shall comply with the performance standard established under subsection (c) on or before the deadline that applies to the commercial vessel of the owner or operator, as specified in clause (ii).
(ii)DeadlinesThe deadlines for compliance with the performance standard established under subsection (c) are as follows:
(I)For a commercial vessel constructed on or after January 1, 2012, the date of delivery of the vessel.
(II)For an existing commercial vessel with a ballast water capacity of less than 1,500 cubic meters, the date of the first drydocking of the vessel after January 1, 2016.
(III)For an existing commercial vessel with a ballast water capacity of at least 1,500 cubic meters but not more than 5,000 cubic meters, the date of the first drydocking of the vessel after January 1, 2014.
(IV)For an existing commercial vessel with a ballast water capacity of greater than 5,000 cubic meters, the date of the first drydocking of the vessel after January 1, 2016.
(iii)RegulationsIn issuing regulations under paragraph (3), the Secretary shall include a compliance schedule that sets forth the deadlines specified in clause (ii).
(B)Revised performance standard compliance deadlines
(i)In generalUpon revision of a performance standard under subsection (d), the Secretary, in consultation with the Administrator, shall issue a compliance schedule that establishes deadlines for an owner or operator to comply with the revised performance standard.
(ii)FactorsIn issuing a compliance schedule under this subparagraph, the Secretary—
(I)shall consider the factors identified in subparagraph (C)(iv); and
(II)may establish different compliance deadlines based on vessel class, type, or size.
(iii)Vessels constructed after issuance of revised performance standardsA compliance schedule issued under this subparagraph with respect to a revised performance standard shall require, at a minimum, the owner or operator of a commercial vessel that commences a major conversion or is constructed on or after the date of issuance of the revised performance standard to comply with the revised performance standard.
(C)Extension of compliance deadlines
(i)In generalThe Secretary may extend a compliance deadline established under subparagraph (A) or (B) on the Secretary’s own initiative or in response to a petition submitted by an owner or operator.
(ii)Processes for granting extensionsIn issuing regulations under paragraph (3), the Secretary shall establish—
(I)a process for the Secretary, in consultation with the Administrator, to issue an extension of a compliance deadline established under subparagraph (A) or (B) for a commercial vessel (or class, type, or size of vessel); and
(II)a process for an owner or operator to submit a petition to the Secretary for an extension of a compliance deadline established under subparagraph (A) or (B) with respect to the commercial vessel of the owner or operator.
(iii)Period of extensionsAn extension issued under this subparagraph shall—
(I)apply for a period of not to exceed 18 months; and
(II)be renewable for an additional period of not to exceed 18 months.
(iv)FactorsIn issuing an extension or reviewing a petition under this subparagraph, the Secretary shall consider, with respect to the ability of an owner or operator to meet a compliance deadline, the following factors:
(I)Whether the treatment technology to be installed is available in sufficient quantities to meet the compliance deadline.
(II)Whether there is sufficient shipyard or other installation facility capacity.
(III)Whether there is sufficient availability of engineering and design resources.
(IV)Vessel characteristics, such as engine room size, layout, or a lack of installed piping.
(V)Electric power generating capacity aboard the vessel.
(VI)Safety of the vessel and crew.
(v)Consideration of petitions
(I)DeterminationsThe Secretary shall approve or deny a petition for an extension of a compliance deadline submitted by an owner or operator under this subparagraph.
(II)DeadlineIf the Secretary does not approve or deny a petition referred to in subclause (I) on or before the last day of the 90-day period beginning on the date of submission of the petition, the petition shall be deemed approved.
(c)Ballast water performance standard for commercial vessels
(1)In generalTo meet the ballast water performance standard, an owner or operator shall—
(A)conduct ballast water treatment before discharging ballast water from a commercial vessel into navigable waters using a ballast water treatment technology certified for the vessel (or class, type, or size of vessel) under subsection (e); and
(B)ensure that any ballast water so discharged meets, at a minimum, the numerical ballast water performance standard set forth in the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, as adopted on February 13, 2004, or a revised numerical ballast water performance standard established under subsection (d).
(2)Safety exemptionNotwithstanding paragraph (1), an owner or operator may discharge ballast water without regard to a ballast water performance standard if—
(A)the discharge is done solely to ensure the safety of life at sea;
(B)the discharge is accidental and the result of damage to the commercial vessel or its equipment and—
(i)all reasonable precautions to prevent or minimize the discharge have been taken; and
(ii)the owner or operator did not willfully or recklessly cause such damage; or
(C)the discharge is solely for the purpose of avoiding or minimizing discharge from the vessel of pollution that would otherwise violate an applicable Federal or State law.
(d)Review of performance standard
(1)In generalNot later than January 1, 2016, and every 10 years thereafter, the Administrator, in consultation with the Secretary, shall complete a review to determine whether revising the ballast water performance standard would result in a scientifically demonstrable and substantial reduction in the risk of the introduction or establishment of aquatic nuisance species.
(2)ConsiderationsIn conducting the review, the Administrator shall consider—
(A)improvements in the scientific understanding of biological and ecological processes that lead to the introduction or establishment of aquatic nuisance species;
(B)improvements in ballast water treatment technology, including—
(i)the capability of such technology to achieve a revised ballast water performance standard;
(ii)the effectiveness and reliability of such technology in the shipboard environment;
(iii)the compatibility of such technology with the design and operation of commercial vessels by class, type, and size;
(iv)the commercial availability of such technology; and
(v)the safety of such technology;
(C)improvements in the capabilities to detect, quantify, and assess the viability of aquatic nuisance species at the concentrations under consideration;
(D)the impact of ballast water treatment technology on water quality; and
(E)the costs, cost-effectiveness, and impacts of—
(i)a revised ballast water performance standard, including the potential impacts on shipping, trade, and other uses of the aquatic environment; and
(ii)maintaining the existing ballast water performance standard, including the potential impacts on water-related infrastructure, recreation, the propagation of native fish, shellfish, and wildlife, and other uses of navigable waters.
(3)Revision of performance standard
(A)RulemakingIf, pursuant to a review conducted under paragraph (1), the Administrator, in consultation with the Secretary, determines that revising the ballast water performance standard would result in a scientifically demonstrable and substantial reduction in the risk of the introduction or establishment of aquatic nuisance species, the Administrator shall undertake a rulemaking to revise the performance standard.
(B)Special ruleThe Administrator may not issue a revised performance standard pursuant to this paragraph that applies to a commercial vessel constructed prior to the date on which the revised performance standard is issued unless the revised performance standard is at least 2 orders of magnitude more stringent than the performance standard in effect on the date that the review is completed.
(4)State petition for review of performance standards
(A)In generalThe Governor of a State may submit a petition requesting that the Administrator review a ballast water performance standard if there is significant new information that could reasonably indicate the performance standard could be revised to result in a scientifically demonstrable and substantial reduction in the risk of the introduction or establishment of aquatic nuisance species.
(B)TimingA Governor may not submit a petition under subparagraph (A) during the 1-year period following the date of completion of a review under paragraph (1).
(C)Required informationA petition submitted to the Administrator under subparagraph (A) shall include the scientific and technical information on which the petition is based.
(D)Review and reportingUpon receipt of a petition from a Governor under subparagraph (A), the Administrator shall make publicly available a copy of the petition, including the scientific and technical information provided by the Governor under subparagraph (C).
(E)Review and revision of performance standards
(i)In generalIf, after receiving a petition submitted by a Governor under subparagraph (A) for review of a performance standard, the Administrator, in consultation with the Secretary, determines that the petition warrants additional action, the Administrator may—
(I)in consultation with the Secretary, initiate a review of the performance standard under paragraph (1); and
(II)in consultation with the Secretary, revise the performance standard through a rulemaking under paragraph (3)(A), subject to the limitation in paragraph (3)(B).
(ii)Treatment of more than one petition as a single petitionThe Administrator may treat more than one petition as a single petition for review.
(e)Treatment technology certification
(1)Certification required
(A)Certification process
(i)EvaluationUpon application of a manufacturer, the Secretary shall evaluate a ballast water treatment technology with respect to—
(I)whether the treatment technology meets the ballast water performance standard when installed on a commercial vessel (or a class, type, or size of commercial vessel);
(II)the effect of the treatment technology on commercial vessel safety; and
(III)any other criteria the Secretary considers appropriate.
(ii)CertificationIf, after conducting the evaluation required by clause (i), the Secretary determines the treatment technology meets the criteria established under such clause, the Secretary may certify the treatment technology for use on a commercial vessel (or a class, type, or size of commercial vessel).
(iii)Suspension and revocation of certificationThe Secretary shall, by regulation, establish a process to suspend or revoke a certification issued under this subparagraph.
(B)Certificates of type approval
(i)Issuance of certificates to manufacturerIf the Secretary certifies a ballast water treatment technology under subparagraph (A), the Secretary shall issue to the manufacturer of the treatment technology, in such form and manner as the Secretary determines appropriate, a certificate of type approval for the treatment technology.
(ii)Conditions to be included in certificatesA certificate of type approval issued under clause (i) shall include any conditions that are imposed by the Secretary under paragraph (2).
(iii)Issuance of copies of certificates to owners and operatorsA manufacturer that receives a certificate of type approval under clause (i) for a ballast water treatment technology shall furnish a copy of the certificate to any owner or operator of a commercial vessel on which the treatment technology is installed.
(iv)InspectionsAn owner or operator who receives a copy of a certificate under clause (iii) for a ballast water treatment technology installed on a commercial vessel shall retain a copy of the certificate onboard the commercial vessel and make the copy of the certificate available for inspection at all times that such owner or operator is utilizing the treatment technology.
(C)Treatment technologies that use or generate biocidesThe Secretary may not certify a ballast water treatment technology that—
(i)uses a biocide or generates a biocide that is a pesticide, as defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136), unless the biocide is registered under such Act or the Administrator has approved the use of such biocide in such treatment technology; or
(ii)uses or generates a biocide the discharge of which causes or contributes to a violation of a water quality standard under section 303 of this Act.
(D)Prohibition
(i)In generalExcept as provided by clause (ii), an owner or operator may not use a ballast water treatment technology to comply with the requirements of this section unless the Secretary has certified the treatment technology under subparagraph (A).
(ii)Exceptions
(I)Coast Guard Shipboard Technology Evaluation ProgramAn owner or operator may use a ballast water treatment technology that has not been certified by the Secretary to comply with the requirements of this section if the technology is being evaluated under the Coast Guard Shipboard Technology Evaluation Program.
(II)Ballast water treatment technologies certified by foreign entitiesAn owner or operator may use a ballast water treatment technology that has not been certified by the Secretary to comply with the requirements of this section if the technology has been certified by a foreign entity and the certification demonstrates performance and safety of the treatment technology equivalent to the requirements of this subsection, as determined by the Secretary.
(2)Certification conditions
(A)Imposition of conditionsIn certifying a ballast water treatment technology under this subsection, the Secretary, in consultation with the Administrator, may impose any condition on the subsequent installation, use, or maintenance of the treatment technology onboard a commercial vessel as is necessary for—
(i)the safety of the vessel, the crew of the vessel, and any passengers aboard the vessel;
(ii)the protection of the environment; and
(iii)the effective operation of the treatment technology.
(B)Failure to complyThe failure of an owner or operator to comply with a condition imposed under subparagraph (A) is a violation of this section.
(3)Use of ballast water treatment technologies once installed
(A)In generalSubject to subparagraph (B), an owner or operator who installs a ballast water treatment technology that the Secretary has certified under paragraph (1) may use the treatment technology, notwithstanding any revisions to a ballast water performance standard occurring after the installation so long as the owner or operator—
(i)maintains the treatment technology in proper working condition; and
(ii)maintains and uses the treatment technology in accordance with—
(I)the manufacturer’s specifications; and
(II)any conditions imposed by the Secretary under paragraph (2).
(B)LimitationSubparagraph (A) shall cease to apply with respect to a commercial vessel after the first to occur of the following:
(i)The expiration of the service life of the ballast water treatment technology of the vessel, as determined by the Secretary.
(ii)The expiration of service life of the vessel, as determined by the Secretary.
(iii)The completion of a major conversion of the vessel.
(4)Testing protocolsNot later than 180 days after the date of enactment of this section, the Administrator, in consultation with the Secretary, shall issue guidelines specifying land-based and shipboard testing protocols or criteria for—
(A)certifying the performance of ballast water treatment technologies under this subsection; and
(B)certifying laboratories to evaluate such treatment technologies.
(5)ProhibitionFollowing the date on which the requirements of subsection (b)(1) apply with respect to a commercial vessel pursuant to the implementation schedule issued under subsection (b)(3)(B), no manufacturer of a ballast water treatment technology shall sell, offer for sale, or introduce or deliver for introduction into interstate commerce, or import into the United States for sale or resale, a ballast water treatment technology for the commercial vessel unless the technology has been certified under this subsection.
(f)Alternative methods of compliance
(1)EstablishmentNot later than 180 days after the date of enactment of this section, the Secretary, in consultation with the Administrator, shall establish an alternative method of compliance with this section for a commercial vessel having a maximum ballast water capacity of less than 8 cubic meters.
(2)Factors for considerationIn establishing an alternative method of compliance under paragraph (1), the Secretary shall consider—
(A)the effectiveness of the alternative method in reducing the risk of the introduction or establishment of aquatic nuisance species relative to the performance standard; and
(B)any other factor the Secretary considers appropriate.
(3)Best management practicesThe Secretary may establish as an alternative method of compliance appropriate ballast water best management practices to minimize the introduction or establishment of aquatic nuisance species.
(g)Geographically limited areas
(1)In generalSubsections (c), (e), and (i) shall not apply to a commercial vessel that—
(A)operates exclusively within a geographically limited area, as determined by the Secretary, in consultation with the Administrator; or
(B)operates pursuant to a geographic restriction issued for the commercial vessel under section 3309 of title 46, United States Code.
(2)Petition for determination by the Secretary
(A)Submission of petitionsFollowing the date of issuance of final regulations under subsection (b), an owner or operator may petition the Secretary for a determination under paragraph (1).
(B)DeterminationsThe Secretary shall approve or deny a petition submitted by an owner or operator under subparagraph (A).
(C)DeadlineIf the Secretary does not approve or deny a petition submitted by an owner or operator under subparagraph (A) on or before the last day of the 90-day period beginning on the date of submission of the petition, the petition shall be deemed approved.
(3)NotificationThe Secretary shall notify the Administrator and the Governor of each State the waters of which could be affected by the discharge of ballast water from a commercial vessel for which a petition has been granted under paragraph (2) of the granting of any such petition.
(4)Best management practicesFor a commercial vessel for which a petition is granted under paragraph (2), the Secretary shall require the owner or operator to implement appropriate ballast water best management practices to minimize the introduction or establishment of aquatic nuisance species.
(h)Reception facilities
(1)In generalAn owner or operator shall discharge ballast water in compliance with subsection (c) or (f) unless discharging ballast water into—
(A)an onshore facility for the reception of ballast water that meets standards issued by the Administrator, in consultation with the Secretary; or
(B)an offshore facility for the reception of ballast water that meets standards issued by the Secretary, in consultation with the Administrator.
(2)Issuance of standardsNot later than 2 years after the date of enactment of this section—
(A)the Administrator, in consultation with the Secretary, shall issue the standards referred to in paragraph (1)(A); and
(B)the Secretary, in consultation with the Administrator, shall issue the standards referred to in paragraph (1)(B).
(3)Sole method of dischargeThe Secretary, in consultation with the Administrator, and upon petition by an owner or operator, may issue to an owner or operator a certificate stating that a commercial vessel is in compliance with the requirements of subsection (b)(1)(A) if discharging ballast water into a facility meeting the standards issued under this subsection is the sole method by which the owner or operator discharges ballast water from the commercial vessel.
(4)Ballast water management plansAn owner or operator discharging ballast water under this subsection shall discharge such water in accordance with a ballast water management plan approved under subsection (i).
(i)Commercial vessel ballast water management plan
(1)In generalAn owner or operator shall discharge ballast water in accordance with a ballast water management plan that—
(A)meets requirements prescribed by the Secretary; and
(B)is approved by the Secretary.
(2)Foreign commercial vesselsThe Secretary may approve a ballast water management plan for a foreign commercial vessel on the basis of a certificate of compliance issued by the country of registration of the commercial vessel if the requirements of the government of that country for a ballast water management plan are substantially equivalent to regulations issued by the Secretary.
(3)Recordkeeping
(A)In generalExcept as provided by subparagraph (B), an owner or operator shall maintain in English and have available for inspection by the Secretary a ballast water record book in which each operation of the commercial vessel involving a ballast water discharge is recorded in accordance with regulations issued by the Secretary.
(B)Alternative means of recordkeepingThe Secretary may provide for alternative methods of recordkeeping, including electronic recordkeeping, to comply with the requirements of this paragraph.
(j)Regulation of ballast water dischargesEffective on and after the date of enactment of this section—
(1)the Administrator (or a State in the case of a permit program approved under section 402) shall not require any new permit or permit condition under section 402 for any discharge of ballast water from a commercial vessel into navigable waters; and
(2)except as provided by subsection (k), a State or political subdivision thereof shall not adopt or enforce any law or regulation of the State or political subdivision with respect to such a discharge.
(k)State authority
(1)State programsThe Governor of a State desiring to administer its own inspection and enforcement authority for ballast water discharges within its jurisdiction may submit to the Secretary a complete description of the program the Governor proposes to establish and administer under State law. In addition, the Governor shall submit a statement from the State attorney general that the laws of the State provide adequate authority to carry out the described program.
(2)ApprovalThe Secretary, with the concurrence of the Administrator, may approve a program of a State submitted under paragraph (1) providing for the State’s own inspection and enforcement authority for ballast water discharges within its jurisdiction, if the Secretary determines that the State possesses adequate resources to—
(A)inspect, monitor, and board a commercial vessel at any time, including the taking and testing of ballast water samples, to ensure the commercial vessel’s compliance with this section;
(B)ensure that any ballast water discharged within the waters subject to the jurisdiction of the State meets the requirements of this section;
(C)establish adequate procedures for reporting violations of this section;
(D)investigate and abate violations of this section, including the imposition of civil and criminal penalties consistent with subsection (o); and
(E)ensure that the Secretary and the Administrator receive notice of each violation of this section in an expeditious manner.
(3)ComplianceAny State program approved under paragraph (2) shall at all times be conducted in accordance with this subsection.
(4)Withdrawal of ApprovalWhenever the Secretary, in consultation with the Administrator, determines, after providing notice and the opportunity for a public hearing, that a State is not administering a program in accordance with the terms of the program as approved under paragraph (2), the Secretary shall notify the State, and, if appropriate corrective action is not taken within a period of time not to exceed 90 days, the Secretary, with the concurrence of the Administrator, shall withdraw approval of the program. The Secretary shall not withdraw approval of a program unless the Secretary has first notified the State and made public, in writing, the reasons for the withdrawal.
(5)Limitation on statutory constructionNothing in this subsection shall limit the authority of the Administrator or the Secretary to carry out inspections of any commercial vessel under subsection (n).
(6)State lawsNotwithstanding any other provision of this section, a State may enact such laws as are necessary to provide for the implementation of the State ballast water inspection and enforcement program provided under this subsection. The requirements for a ballast water inspection and enforcement program contained in such State law shall be substantively and procedurally equivalent to those required in this section, and any requirements relating to recordkeeping, reporting, and sampling or analysis contained in such State law shall be substantively and procedurally equivalent to the requirements of this section and its implementing regulations and guidance.
(l)Discharges incidental to the normal operations of a commercial vessel
(1)Evaluation of incidental discharges
(A)In generalNot later than 3 years after the date of enactment of this section, the Administrator, in consultation with the Secretary, shall complete an evaluation of discharges incidental to the normal operation of a commercial vessel.
(B)FactorsIn carrying out the evaluation, the Administrator shall analyze—
(i)the characterization of the various types and composition of discharges incidental to the normal operation of a commercial vessel by different classes, types, and sizes of commercial vessels;
(ii)the volume of such discharges for representative individual commercial vessels and by classes, types, and sizes of commercial vessels in the aggregate;
(iii)the availability and feasibility of implementing technologies or best management practices for the control of such discharges;
(iv)the characteristics of the receiving waters of such discharges;
(v)the nature and extent of potential effects of such discharges on human health, welfare, and the environment;
(vi)the extent to which such discharges are currently subject to and addressed by regulations under existing Federal laws or binding international obligations of the United States; and
(vii)any additional factor that the Administrator considers appropriate.
(2)Regulation of incidental dischargesEffective on and after the date of enactment of this section—
(A)the Administrator (or a State in the case of a permit program approved under section 402) shall not require any new permit or permit conditions under section 402 for any discharge incidental to the normal operation of a commercial vessel; and
(B)a State or political subdivision thereof shall not adopt or enforce any law or regulation of the State or political subdivision with respect to such a discharge.
(m)Effect on Vessel General Permit
(1)ExpirationNotwithstanding the expiration date set forth in the Vessel General Permit, the Vessel General Permit shall expire as follows:
(A)The terms and conditions of section 6 of such permit or any law of a State regulating the discharge of ballast water or any discharge incidental to the normal operation of a commercial vessel, upon the date of enactment of this section.
(B)For each commercial vessel, the terms and conditions of such permit (except the terms and conditions referred to in subparagraph (A)) applicable to a discharge of ballast water—
(i)on the date on which—
(I)a ballast water treatment technology certified under subsection (e) is installed on the commercial vessel;
(II)an alternative method of compliance established for the commercial vessel under subsection (f) is implemented for the commercial vessel;
(III)a petition is granted for the commercial vessel under subsection (g); or
(IV)a certificate is issued for the commercial vessel under subsection (h); or
(ii)in any case not described in clause (i), on December 18, 2013.
(2)Discharges incidental to the normal operation of commercial vesselsNotwithstanding the expiration date set forth in the Vessel General Permit, the terms and conditions of such permit (except the terms and conditions referred to in paragraph (1)(A)) applicable to discharges incidental to the normal operation of a commercial vessel shall remain in effect.
(n)Inspections and enforcement
(1)In general
(A)Coast Guard enforcementThe Secretary shall enforce the requirements of this section and may utilize by agreement, with or without reimbursement, law enforcement officers or other personnel and facilities of the Administrator, other Federal agencies, and the States.
(B)Environmental Protection Agency actionsNotwithstanding any enforcement decisions of the Secretary under subparagraph (A), the Administrator may use the authorities provided in sections 308, 309, 312, and 504 whenever required to carry out this section.
(2)Coast Guard inspectionsThe Secretary may carry out inspections of any commercial vessel at any time, including the taking of ballast water samples, to ensure compliance with this section. The Secretary shall use all appropriate and practical measures of detection and environmental monitoring of such commercial vessels and shall establish adequate procedures for reporting violations of this section and accumulating evidence regarding such violations.
(o)Compliance
(1)Detention of commercial vesselThe Secretary, by notice to the owner or operator, may detain the commercial vessel if the Secretary has reasonable cause to believe that the commercial vessel does not comply with a requirement of this section or is being operated in violation of such a requirement.
(2)Sanctions
(A)Civil penalties
(i)In generalAny person who violates this section shall be liable for a civil penalty in an amount determined under clause (ii). Each day of a continuing violation constitutes a separate violation. A commercial vessel operated in violation of this section is liable in rem for any civil penalty assessed for that violation.
(ii)Penalty amountsThe amount of a civil penalty assessed under clause (i) shall be determined as follows:
(I)For vessels with a ballast water capacity less than 1500 cubic meters, not to exceed $25,000 for each violation.
(II)For vessels with a ballast water capacity of 1500 cubic meters but not more than 5,000 cubic meters, not to exceed $28,750 for each violation.
(III)For vessels with a ballast water capacity greater than 5,000 cubic meters, not to exceed $32,500 for each violation.
(B)Criminal penaltiesAny person who knowingly violates this section shall be punished by a fine of not less that $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than 3 years, or both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
(C)Revocation of clearanceUpon request of the Secretary, the Secretary of Homeland Security shall withhold or revoke the clearance of a commercial vessel required by section 60105 of title 46, United States Code, if the owner or operator is in violation of this section.
(3)Enforcement actions
(A)Administrative actionsIf the Secretary finds that a person has violated this section, the Secretary may assess a civil penalty for the violation. In determining the amount of the civil penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior violations, and such other matters as justice may require.
(B)Civil actionsAt the request of the Secretary, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this section. Any court before which such an action is brought may award appropriate relief, including temporary or permanent injunctions and civil penalties.
(4)ExclusionNo person shall be found in violation of this section whose commission of prohibited acts is found by the Secretary to have been in the interest of ensuring the safety of life at sea.
(p)Regulation under other sections of this ActThis section shall not affect the regulation of discharges from a commercial vessel pursuant to section 311 or 312..
3.Discharges incidental to the normal operation of a covered vessel
(a)Discharges incidental to the normal operation of a covered vessel
(1)No permit requiredSection 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:

(s)Discharges incidental to the normal operation of a covered vesselNo permit shall be required under this Act by the Administrator (or a State, in the case of a permit program approved under subsection (b)) for a discharge incidental to the normal operation of a covered vessel (as defined in section 312(p))..
(2)Best management practices for covered vesselsSection 312 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:

(p)Best management practices for covered vessels
(1)DefinitionsIn this subsection, the following definitions apply:
(A)Covered vesselThe term covered vessel means every description of watercraft, or other artificial contrivance used or capable of being used as a means of transportation on water, that is engaged in commercial service (as defined under section 2101 of title 46, United States Code), and—
(i)is less than 79 feet in length; or
(ii)is a fishing vessel (as defined in section 2101 of title 46, United States Code), regardless of length of the vessel.
(B)Discharge incidental to the normal operation of a covered vesselThe term discharge incidental to the normal operation of a covered vessel means a discharge incidental to the normal operation of a commercial vessel (as defined in section 321), insofar as the commercial vessel is a covered vessel.
(2)Determination of discharges subject to best management practices
(A)Determination
(i)In generalThe Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, shall determine the discharges incidental to the normal operation of a covered vessel for which it is reasonable and practicable to develop best management practices to mitigate the adverse impacts of such discharges on the waters of the United States.
(ii)PromulgationThe Administrator shall promulgate the determinations under clause (i) in accordance with section 553 of title 5, United States Code.
(B)ConsiderationsIn making a determination under subparagraph (A), the Administrator shall consider—
(i)the nature of the discharge;
(ii)the environmental effects of the discharge, including characteristics of the receiving waters;
(iii)the effectiveness of the best management practice in reducing adverse impacts of the discharge on water quality;
(iv)the practicability of developing and using a best management practice;
(v)the effect that the use of a best management practice would have on the operation, operational capability, or safety of the vessel;
(vi)applicable Federal and State law;
(vii)applicable international standards; and
(viii)the economic costs of the use of the best management practice.
(C)TimingThe Administrator shall—
(i)make initial determinations under subparagraph (A) not later than 1 year after the date of enactment of this subsection; and
(ii)every 5 years thereafter—
(I)review the determinations; and
(II)if necessary, revise the determinations based on any new information available to the Administrator.
(3)Regulations for the use of best management practices
(A)In generalThe Secretary of the department in which the Coast Guard is operating shall promulgate regulations on the use of best management practices for discharges incidental to the normal operation of a covered vessel that the Administrator determines are reasonable and practicable to develop under paragraph (2).
(B)Regulations
(i)In generalThe Secretary shall promulgate the regulations under this paragraph as soon as practicable after the Administrator makes determinations pursuant to paragraph (2).
(ii)ConsiderationsIn promulgating regulations under this paragraph, the Secretary may—
(I)distinguish among classes, types, and sizes of vessels;
(II)distinguish between new and existing vessels; and
(III)provide for a waiver of the applicability of the standards as necessary or appropriate to a particular class, type, age, or size of vessel.
(4)Effect of other lawsThis subsection shall not affect the application of section 311 to a covered vessel.
(5)Prohibition relating to covered vesselsAfter the effective date of the regulations promulgated by the Secretary of the department in which the Coast Guard is operating under paragraph (3), the owner or operator of a covered vessel shall neither operate in, nor discharge any discharge incidental to the normal operation of the vessel into navigable waters, if the owner or operator of the vessel is not using any applicable best management practice meeting standards established under this subsection..
4.Conforming and technical amendments
(a)Effluent limitationsSection 301(a) of the Federal Water Pollution Control Act (33 U.S.C. 1311(a)) is amended by inserting 312, 321, after 318,.
(b)Review of Administrator’s actionsThe first sentence of section 509(b)(1) of such Act (33 U.S.C. 1369(b)(1)) is amended—
(1)by striking and (G) and inserting (G); and
(2)by inserting after section 304(l), the following: and (H) in issuing any regulation or otherwise taking final agency action under section 312 or 321,.
5.Regulation of ballast water and incidental discharges from a commercial vessel
(a)In generalEffective on the date of enactment of this Act, the following discharges shall not be regulated in any manner other than as specified in section 312 or 321 of the Federal Water Pollution Control Act (as added by this Act):
(1)A discharge incidental to the normal operation of a commercial vessel.
(2)A discharge of ballast water from a commercial vessel.
(b)DefinitionsIn this section, the terms ballast water, commercial vessel, and discharge incidental to the normal operation of a commercial vessel have the meanings given those terms in section 321(a) of the Federal Water Pollution Control Act (as added by this Act).
6.Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990
(a)Aquatic nuisance species in waters of the United StatesEffective on the date of issuance of final regulations under section 321(b) of the Federal Water Pollution Control Act (as added by this Act), section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711) is repealed.
(b)Relationship to other lawsEffective on the date of enactment of this Act, section 1205 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4725) is repealed.

November 3, 2011
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed