109 HR 1636 IH: Clean Cruise Ship Act of 2005
U.S. House of Representatives
2005-04-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 1636
IN THE HOUSE OF REPRESENTATIVES

April 14, 2005
Mr. Farr (for himself, Mr. Shays, Mr. Abercrombie, Mr. Andrews, Mrs. Capps, Mr. Case, Mr. Grijalva, Mr. Holt, Mr. Honda, Mr. Lantos, Ms. Lee, Mr. McGovern, Mr. George Miller of California, Mr. Moran of Virginia, Mr. Pallone, Mrs. Tauscher, Mr. Weiner, Ms. Woolsey, Mr. Thompson of California, Mr. Udall of New Mexico, Ms. Carson, Mr. Stark, Ms. Schakowsky, Ms. Eshoo, Ms. DeLauro, and Ms. Linda T. Sánchez of California) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To establish national standards for discharges from cruise vessels into the waters of the United States, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Clean Cruise Ship Act of 2005.
(b)Table of contentsThe table of contents of this Act is as follows:

Sec. 1. Short title; table of contents
Sec. 2. Findings and purposes
Sec. 3. Definitions
Sec. 4. Prohibitions and conditions regarding the discharge of sewage, graywater, or bilge water
Sec. 5. Effluent limits for discharges of sewage and graywater
Sec. 6. Inspection and sampling
Sec. 7. Employee protection
Sec. 8. Judicial review
Sec. 9. Enforcement
Sec. 10. Citizen suits
Sec. 11. Alaskan cruise vessels
Sec. 12. Ballast water
Sec. 13. Funding
Sec. 14. Effect on other law
2.Findings and purposes
(a)FindingsCongress finds that—
(1)cruise vessels carry millions of passengers each year, and in 2001 carried 8,400,000 passengers in North America;
(2)cruise vessels carry passengers to and through the most beautiful ocean areas in the United States and provide many people in the United States ample opportunities to relax and learn about oceans and marine ecosystems;
(3)ocean pollution threatens the beautiful and inspiring oceans and marine wildlife that many cruise vessels intend to present to travelers;
(4)cruise vessels generate tremendous quantities of pollution, including—
(A)sewage (including sewage sludge);
(B)graywater from showers, sinks, laundries, baths, and galleys;
(C)oily water;
(D)toxic chemicals from photo processing, dry cleaning, and paints;
(E)ballast water;
(F)solid wastes; and
(G)emissions of air pollutants;
(5)some of the pollution generated by cruise ships, particularly sewage discharge, can lead to high levels of nutrients that are known to harm and kill coral reefs and which can increase the quantity of pathogens in the water and heighten the susceptibility of many coral species to scarring and disease;
(6)laws (including regulations) in effect as of the date of enactment of this Act do not provide adequate controls, monitoring, or enforcement of certain discharges from cruise vessels into the waters of the United States; and
(7)to protect coastal and ocean areas of the United States from pollution generated by cruise vessels, new Federal legislation is needed to reduce and better regulate discharges from cruise vessels, and to improve monitoring, reporting, and enforcement of discharges.
(b)PurposesThe purposes of this Act are—
(1)to prevent the discharge of any untreated sewage or graywater from a cruise vessel entering ports of the United States into the waters of the United States;
(2)to prevent the discharge of any treated sewage, sewage sludge, graywater, or bilge water from cruise vessels entering ports of the United States into the territorial sea;
(3)to establish new national effluent limits and management standards for the discharge of treated sewage or graywater from cruise vessels entering ports of the United States into the exclusive economic zone of the United States in any case in which the discharge is not within an area in which discharges are prohibited; and
(4)to ensure that cruise vessels entering ports of the United States comply with all applicable environmental laws.
3.DefinitionsIn this Act:
(1)CommandantThe term Commandant means the Commandant of the Coast Guard.
(2)AdministratorThe term Administrator means the Administrator of the Environmental Protection Agency.
(3)Territorial sea
(A)In generalThe term territorial sea means the belt of the sea measured from the baseline of the United States determined in accordance with international law, as set forth in Presidential Proclamation number 5928, dated December 27, 1988.
(B)InclusionThe term territorial sea includes the waters lying seaward of the line of ordinary low water and extending to the baseline of the United States described in subparagraph (A).
(4)Exclusive economic zoneThe term exclusive economic zone means the Exclusive Economic Zone of the United States established by Presidential Proclamation number 5030, dated March 10, 1983.
(5)Waters of the United StatesThe term waters of the United States means the waters of the territorial sea, the exclusive economic zone, and the Great Lakes.
(6)Great LakeThe term Great Lake means—
(A)Lake Erie;
(B)Lake Huron (including Lake Saint Clair);
(C)Lake Michigan;
(D)Lake Ontario; and
(E)Lake Superior.
(7)Cruise vessel
(A)In generalThe term cruise vessel means a passenger vessel (as defined in section 2101(22) of title 46, United States Code), that—
(i)is authorized to carry at least 250 passengers; and
(ii)has onboard sleeping facilities for each passenger.
(B)ExclusionsThe term cruise vessel does not include—
(i)a vessel of the United States operated by the Federal Government; or
(ii)a vessel owned and operated by the government of a State.
(8)Passenger
(A)In generalThe term passenger means any person on board a cruise vessel for the purpose of travel.
(B)InclusionsThe term passenger includes—
(i)a paying passenger; and
(ii)a staffperson, such as a crew member, captain, or officer.
(9)PersonThe term person means—
(A)an individual;
(B)a corporation;
(C)a partnership;
(D)a limited liability company;
(E)an association;
(F)a State;
(G)a municipality;
(H)a commission or political subdivision of a State; and
(I)an Indian tribe.
(10)CitizenThe term citizen means a person that has an interest that is or may be adversely affected by any provision of this Act.
(11)Discharge
(A)In generalThe term discharge means a release of any substance, however caused, from a cruise vessel.
(B)InclusionsThe term discharge includes any escape, disposal, spilling, leaking, pumping, emitting or emptying of any substance.
(12)SewageThe term sewage means—
(A)human body wastes;
(B)the wastes from toilets and other receptacles intended to receive or retain human body wastes; and
(C)sewage sludge.
(13)GraywaterThe term graywater means galley, dishwasher, bath, and laundry waste water.
(14)Bilge waterThe term bilge water means wastewater that includes lubrication oils, transmission oils, oil sludge or slops, fuel or oil sludge, used oil, used fuel or fuel filters, or oily waste.
(15)Sewage sludge
(A)In generalThe term sewage sludge means any solid, semi-solid, or liquid residue removed during the treatment of municipal waste water or domestic sewage.
(B)InclusionsThe term sewage sludge includes—
(i)solids removed during primary, secondary, or advanced waste water treatment;
(ii)scum;
(iii)septage;
(iv)portable toilet pumpings;
(v)type III marine sanitation device pumpings (as defined in part 159 of title 33, Code of Federal Regulations); and
(vi)sewage sludge products.
(C)ExclusionsThe term sewage sludge does not include—
(i)grit or screenings; or
(ii)ash generated during the incineration of sewage sludge.
(16)Indian tribeThe term Indian tribe has the meaning given in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
4.Prohibitions and conditions regarding the discharge of sewage, graywater, or bilge water
(a)Prohibition
(1)In generalExcept as provided in paragraph (2) and section 11, no cruise vessel entering a port of the United States may discharge sewage, graywater, or bilge water into the waters of the United States.
(2)ExceptionA cruise vessel described in paragraph (1) may discharge sewage, graywater, or bilge water into the exclusive economic zone but outside the territorial sea, or, in the case of the Great Lakes, beyond any point that is 12 miles from the shore, only if—
(A)
(i)in the case of a discharge of sewage or graywater, the discharge meets all applicable effluent limits established under this Act and is in accordance with all other applicable laws (including regulations); or
(ii)in the case of a discharge of bilge water, the discharge is in accordance with all applicable laws (including regulations);
(B)the cruise vessel meets all applicable management standards established under this Act; and
(C)the cruise vessel is not discharging in an area in which the discharge is otherwise prohibited.
(b)Safety exception
(1)Scope of exceptionSubsection (a) shall not apply in any case in which—
(A)a discharge is made solely for the purpose of securing the safety of the cruise vessel or saving a human life at sea; and
(B)all reasonable precautions have been taken for the purpose of preventing or minimizing the discharge.
(2)Notification of Commandant
(A)In generalIf the owner, operator, or master, or other individual in charge, of a cruise vessel authorizes a discharge described in paragraph (1), the individual shall notify the Commandant of the decision to authorize the discharge as soon as practicable, but not later than 24 hours, after authorizing the discharge.
(B)ReportNot later than 7 days after the date on which an individual described in subparagraph (A) notifies the Commandant of an authorization of a discharge under the safety exception under this paragraph, the individual shall submit to the Commandant a report that includes—
(i)the quantity and composition of each discharge made under the safety exception;
(ii)the reason for authorizing each discharge;
(iii)the location of the vessel during the course of each discharge; and
(iv)such other supporting information and data as are requested by the Commandant.
5.Effluent limits for discharges of sewage and graywater
(a)Effluent limits
(1)In generalNot later than 3 years after the date of enactment of this Act, the Commandant and the Administrator shall jointly promulgate effluent limits for sewage and graywater discharges from cruise vessels entering ports of the United States.
(2)RequirementsThe effluent limits shall—
(A)require the application of the best available technology that will result in the greatest level of effluent reduction achievable, recognizing that the national goal is the elimination of the discharge of all pollutants in sewage and graywater by cruise vessels into the waters of the United States by 2016; and
(B)require compliance with all relevant water quality criteria standards.
(b)Minimum limitsThe effluent limits under subsection (a) shall require, at a minimum, that treated sewage and graywater effluent discharges from cruise vessels shall, not later than 3 years after the date of enactment of this Act, meet the following standards:
(1)In generalThe discharge satisfies the minimum level of effluent quality specified in section 133.102 of title 40, Code of Regulations (or a successor regulation).
(2)Fecal coliformWith respect to the samples from the discharge during any 30-day period—
(A)the geometric mean of the samples shall not exceed 20 fecal coliform per 100 milliliters; and
(B)not more than 10 percent of the samples shall exceed 40 fecal coliform per 100 milliliters.
(3)Residual chlorineConcentrations of total residual chlorine in samples shall not exceed 10 milligrams per liter.
(c)Review and revision of effluent limitsThe Commandant and the Administrator shall jointly—
(1)review the effluent limits required by subsection (a) at least once every 3 years; and
(2)revise the effluent limits as necessary to incorporate technology available at the time of the review in accordance with subsection (a)(2).
6.Inspection and sampling
(a)Development and implementation of inspection program
(1)In generalThe Commandant, in consultation with the Administrator, shall promulgate regulations to implement an inspection, sampling, and testing program sufficient to verify that cruise vessels calling on ports of the United States are in compliance with—
(A)this Act (including regulations promulgated under this Act);
(B)the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (including regulations promulgated under that Act);
(C)other applicable Federal laws and regulations; and
(D)all applicable requirements of international agreements.
(2)InspectionsThe program shall require that—
(A)regular announced and unannounced inspections be conducted of any relevant aspect of cruise vessel operations, equipment, or discharges, including sampling and testing of cruise vessel discharges; and
(B)each cruise vessel that calls on a port of the United States shall be subject to an unannounced inspection at least annually.
(b)RegulationsNot later than 1 year after the date of enactment of this Act, the Commandant, in consultation with the Administrator, shall promulgate regulations that, at a minimum—
(1)require the owner, operator, or master, or other individual in charge, of a cruise vessel to maintain and produce a logbook detailing the times, types, volumes, and flow rates, origins, and locations of any discharges from the cruise vessel;
(2)provide for routine announced and unannounced inspections of—
(A)cruise vessel environmental compliance records and procedures; and
(B)the functionality and proper operation of installed equipment for abatement and control of any cruise vessel discharge (which equipment shall include equipment intended to treat sewage, graywater, or bilge water);
(3)require the sampling and testing of cruise vessel discharges that require the owner, operator, or master, or other individual in charge, of a cruise vessel—
(A)to conduct that sampling or testing; and
(B)to produce any records of the sampling or testing;
(4)require any owner, operator, or master, or other individual in charge, of a cruise vessel who has knowledge of a discharge from the cruise vessel in violation of this Act (including regulations promulgated under this Act) to immediately report that discharge to the Commandant (who shall provide notification of the discharge to the Administrator); and
(5)require the owner, operator, or master, or other individual in charge, of a cruise vessel to provide to the Commandant and Administrator a blueprint of each cruise vessel that includes the location of every discharge pipe and valve.
(c)Evidence of compliance
(1)Vessel of the United States
(A)In generalA cruise vessel registered in the United States to which this Act applies shall have a certificate of inspection issued by the Commandant.
(B)Issuance of certificateThe Commandant may issue a certificate described in subparagraph (A) only after the cruise vessel has been examined and found to be in compliance with this Act, including prohibitions on discharges and requirements for effluent limits, as determined by the Commandant.
(C)Validity of certificateA certificate issued under this paragraph—
(i)shall be valid for a period of not more than 5 years, beginning on the date of issuance of the certificate;
(ii)may be renewed as specified by the Commandant; and
(iii)shall be suspended or revoked if the Commandant determines that the cruise vessel for which the certificate was issued is not in compliance with the conditions under which the certificate was issued.
(D)Special certificatesThe Commandant may issue special certificates to certain vessels that exhibit compliance with this Act and other best practices, as determined by the Commandant.
(2)Foreign vessel
(A)In generalA cruise vessel registered in a country other than the United States to which this Act applies may operate in the waters of the United States, or visit a port or place under the jurisdiction of the United States, only if the cruise vessel has been issued a certificate of compliance by the Commandant.
(B)Issuance of certificateThe Commandant may issue a certificate described in subparagraph (A) to a cruise vessel only after the cruise vessel has been examined and found to be in compliance with this Act, including prohibitions on discharges and requirements for effluent limits, as determined by the Commandant.
(C)Acceptance of foreign documentationThe Commandant may consider a certificate, endorsement, or document issued by the government of a foreign country under a treaty, convention, or other international agreement to which the United States is a party, in issuing a certificate of compliance under this paragraph (except that such a certificate, endorsement, or document shall not serve as a proxy for certification of compliance with this Act).
(D)Validity of certificateA certificate issued under this section—
(i)shall be valid for a period of not more than 24 months, beginning on the date of issuance of the certificate;
(ii)may be renewed as specified by the Commandant; and
(iii)shall be suspended or revoked if the Commandant determines that the cruise vessel for which the certificate was issued is not in compliance with the conditions under which the certificate was issued.
(d)Cruise observer pilot program
(1)In generalNot later than 1 year after the date of enactment of this Act, the Commandant shall establish, and for each of fiscal years 2006 through 2008, shall carry out, a program for the placement of 2 or more independent observers on cruise vessels for the purpose of monitoring and inspecting cruise vessel operations, equipment, and discharges to ensure compliance with—
(A)this Act (including regulations promulgated under this Act); and
(B)all other relevant Federal laws (including regulations) and international agreements.
(2)ResponsibilitiesAn observer described in paragraph (1) shall—
(A)observe and inspect—
(i)onboard environmental treatment systems;
(ii)use of shore-based treatment and storage facilities;
(iii)discharges and discharge practices; and
(iv)blueprints, logbooks, and other relevant information;
(B)have the authority to interview and otherwise query any crew member with knowledge of vessel operations;
(C)have access to all data and information made available to government officials under this section; and
(D)immediately report any known or suspected violation of this Act or any other applicable Federal law or international agreement to—
(i)the Coast Guard; and
(ii)the Environmental Protection Agency.
(3)ReportNot later than January 31, 2008, the Commandant shall submit to Congress a report describing the results, and recommendations for continuance, of the program under this subsection.
(e)Onboard monitoring system pilot program
(1)In generalNot later than 1 year after the date of enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Administrator and the Commandant, shall establish, and for each of fiscal years 2006 through 2011, shall carry out, with industry partners as necessary, a pilot program to develop and promote commercialization of technologies to provide real-time data to Federal agencies regarding—
(A)graywater and sewage discharges from cruise vessels; and
(B)functioning of cruise vessel components relating to pollution control.
(2)Technology requirementsTechnologies developed under the program under this subsection—
(A)shall have the ability to record—
(i)the location and time of discharges from cruise vessels;
(ii)the source, content, and volume of those discharges; and
(iii)the state of components relating to pollution control at the time of the discharges, including whether the components are operating correctly; and
(B)shall be tested on not less than 10 percent of all cruise vessels operating in the territorial sea of the United States, including large and small vessels.
(3)Participation of industry
(A)Competitive selection processIndustry partners willing to participate in the program may do so through a competitive selection process conducted by the Administrator of the National Oceanic and Atmospheric Administration.
(B)ContributionA selected industry partner shall contribute not less than 20 percent of the cost of the project in which the industry partner participates.
(4)ReportNot later than January 31, 2008, the Administrator of the National Oceanic and Atmospheric Administration shall submit to Congress a report describing the results, and recommendations for continuance, of the program under this subsection.
7.Employee protection
(a)Prohibition of discrimination against persons filing, instituting, or testifying in proceedings under this ActNo person shall terminate the employment of, or in any other way discriminate against (or cause the termination of employment of or discrimination against), any employee or any authorized representative of employees by reason of the fact that the employee or representative—
(1)has filed, instituted, or caused to be filed or instituted any proceeding under this Act; or
(2)has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this Act.
(b)Application for review; investigation; hearings; review
(1)In generalAn employee or a representative of employees who believes that the termination of the employment of the employee has occurred, or that the employee has been discriminated against, as a result of the actions of any person in violation of subsection (a) may, not later than 30 days after the date on which the alleged violation occurred, apply to the Secretary of Labor for a review of the alleged termination of employment or discrimination.
(2)ApplicationA copy of an application for review filed under paragraph (1) shall be sent to the respondent.
(3)Investigation
(A)In generalOn receipt of an application for review under paragraph (1), the Secretary of Labor shall carry out an investigation of the complaint.
(B)RequirementsIn carrying out this subsection, the Secretary of Labor shall—
(i)provide an opportunity for a public hearing at the request of any party to the review to enable the parties to present information relating to the alleged violation;
(ii)ensure that, at least 5 days before the date of the hearing, each party to the hearing is provided written notice of the time and place of the hearing; and
(iii)ensure that the hearing is on the record and subject to section 554 of title 5, United States Code.
(C)Findings of CommandantOn completion of an investigation under this paragraph, the Secretary of Labor shall—
(i)make findings of fact;
(ii)if the Secretary of Labor determines that a violation did occur, issue a decision, incorporating an order and the findings, requiring the person that committed the violation to take such action as is necessary to abate the violation, including the rehiring or reinstatement, with compensation, of an employee or representative of employees to the former position of the employee or representative; and
(iii)if the Secretary of Labor determines that there was no violation, issue an order denying the application.
(D)OrderAn order issued by the Secretary of Labor under subparagraph (C) shall be subject to judicial review in the same manner as orders and decisions of the Administrator are subject to judicial review under this Act.
(c)Costs and expensesIn any case in which an order is issued under this section to abate a violation, at the request of the applicant, a sum equal to the aggregate amount of all costs and expenses (including attorney’s fees), as determined by the Secretary of Labor, to have been reasonably incurred by the applicant for, or in connection with, the institution and prosecution of the proceedings, shall be assessed against the person committing the violation.
(d)Deliberate violations by employee acting without direction from employer or agentThis section shall not apply to any employee that, without direction from the employer of the employee (or agent of the employer), deliberately violates any provision of this Act.
8.Judicial review
(a)Review of actions by Administrator or Commandant; selection of court; fees
(1)Review of actions
(A)In generalAny interested person may petition for a review, in the United States circuit court for the circuit in which the person resides or transacts business directly affected by the action of which review is requested—
(i)of an action of the Commandant in promulgating any effluent limit under section 5; or
(ii)of an action of the Commandant in carrying out an inspection, sampling, or testing under section 6.
(B)Deadline for reviewA petition for review under subparagraph (A) shall be made—
(i)not later than 120 days after the date of promulgation of the limit or standard relating to the review sought; or
(ii)if the petition for review is based solely on grounds that arose after the date described in clause (i), as soon as practicable after that date.
(2)Civil and criminal enforcement proceedingsAn action of the Commandant or Administrator with respect to which review could have been obtained under paragraph (1) shall not be subject to judicial review in any civil or criminal proceeding for enforcement.
(3)Award of feesIn any judicial proceeding under this subsection, a court may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party in any case in which the court determines such an award to be appropriate.
(b)Additional evidence
(1)In generalIn any judicial proceeding instituted under subsection (a) in which review is sought of a determination under this Act required to be made on the record after notice and opportunity for hearing, if any party applies to the court for leave to adduce additional evidence, and demonstrates to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the proceeding before the Commandant or Administrator, the court may order the additional evidence (and evidence in rebuttal of the additional evidence) to be taken before the Commandant or Administrator, in such manner and on such terms and conditions as the court determines to be appropriate.
(2)Modification of findingsOn admission of additional evidence under paragraph (1), the Commandant or Administrator—
(A)may modify findings of fact of the Commandant or Administrator, as the case may be, relating to a judicial proceeding, or make new findings of fact, by reason of the additional evidence so admitted; and
(B)shall file with the return of the additional evidence any modified or new findings, and any related recommendations, for the modification or setting aside of any original determinations of the Commandant or Administrator.
9.Enforcement
(a)In generalAny person that violates section 4 or any regulation promulgated under this Act may be—
(1)assessed a class I or class II penalty described in subsection (b); or
(2)assessed a civil penalty in a civil action under subsection (c).
(b)Amount of administrative penalty
(1)Class iThe amount of a class I civil penalty under subsection (a)(1) shall not exceed—
(A)$10,000 per violation; or
(B)$25,000 in the aggregate, in the case of multiple violations.
(2)Class iiThe amount of a class II civil penalty under subsection (a)(1) shall not exceed—
(A)$10,000 per day for each day during which the violation continues; or
(B)$125,000 in the aggregate, in the case of multiple violations.
(3)Separate violationsEach day on which a violation continues shall constitute a separate violation.
(4)Determination of amountIn determining the amount of a civil penalty under subsection (a)(1), the Commandant or the court, as the case may be, shall consider—
(A)the seriousness of the violation;
(B)any economic benefit resulting from the violation;
(C)any history of violations;
(D)any good-faith efforts to comply with the applicable requirements;
(E)the economic impact of the penalty on the violator; and
(F)such other matters as justice may require.
(5)Procedure for class i penalty
(A)In generalBefore assessing a civil penalty under this subsection, the Commandant shall provide to the person to be assessed the penalty—
(i)written notice of the proposal of the Commandant to assess the penalty; and
(ii)the opportunity to request, not later than 30 days after the date on which the notice is received by the person, a hearing on the proposed penalty.
(B)HearingA hearing described in subparagraph (A)(ii)—
(i)shall not be subject to section 554 or 556 of title 5, United States Code; but
(ii)shall provide a reasonable opportunity to be heard and to present evidence.
(6)Procedure for class ii penalty
(A)In generalExcept as otherwise provided in this subsection, a class II civil penalty shall be assessed and collected in the same manner, and subject to the same provisions, as in the case of civil penalties assessed and collected after notice and an opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code.
(B)RulesThe Commandant may promulgate rules for discovery procedures for hearings under this subsection.
(7)Rights of interested persons
(A)Public noticeBefore issuing an order assessing a class II civil penalty under this subsection, the Commandant shall provide public notice of and reasonable opportunity to comment on the proposed issuance of each order.
(B)Presentation of evidence
(i)In generalAny person that comments on a proposed assessment of a class II civil penalty under this subsection shall be given notice of—
(I)any hearing held under this subsection; and
(II)any order assessing the penalty.
(ii)HearingIn any hearing described in clause (i)(I), a person described in clause (i) shall have a reasonable opportunity to be heard and to present evidence.
(C)Rights of interested persons to a hearing
(i)In generalIf no hearing is held under subparagraph (B) before the date of issuance of an order assessing a class II civil penalty under this subsection, any person that commented on the proposed assessment may, not later than 30 days after the date of issuance of the order, petition the Commandant—
(I)to set aside the order; and
(II)to provide a hearing on the penalty.
(ii)New evidenceIf any evidence presented by a petitioner in support of the petition under clause (i) is material and was not considered in the issuance of the order, as determined by the Commandant, the Commandant shall immediately—
(I)set aside the order; and
(II)provide a hearing in accordance with subparagraph (B)(ii).
(iii)Denial of hearingIf the Commandant denies a hearing under this subparagraph, the Commandant shall provide to the petitioner, and publish in the Federal Register, notice of and the reasons for the denial.
(8)Finality of order
(A)In generalAn order assessing a class II civil penalty under this subsection shall become final on the date that is 30 days after the date of issuance of the order unless, before that date—
(i)a petition for judicial review is filed under paragraph (10); or
(ii)a hearing is requested under paragraph (7)(C).
(B)Denial of hearingIf a hearing is requested under paragraph (7)(C) and subsequently denied, an order assessing a class II civil penalty under this subsection shall become final on the date that is 30 days after the date of the denial.
(9)Effect of action on complianceNo action by the Commandant under this subsection shall affect the obligation of any person to comply with any provision of this Act.
(10)Judicial review
(A)In generalAny person against which a civil penalty is assessed under this subsection, or that commented on the proposed assessment of such a penalty in accordance with paragraph (7), may obtain review of the assessment in a court described in subparagraph (B) by—
(i)filing a notice of appeal with the court within the 30-day period beginning on the date on which the civil penalty order is issued; and
(ii)simultaneously sending a copy of the notice by certified mail to the Commandant and the Attorney General.
(B)Courts of jurisdictionReview of an assessment under subparagraph (A) may be obtained by a person—
(i)in the case of assessment of a class I civil penalty, in—
(I)the United States District Court for the District of Columbia; or
(II)the United States district court for the district in which the violation occurred; or
(ii)in the case of assessment of a class II civil penalty, in—
(I)the United States Court of Appeals for the District of Columbia Circuit; or
(II)the United States circuit court for any other circuit in which the person resides or transacts business.
(C)Copy of recordOn receipt of notice under subparagraph (A)(ii), the Commandant, shall promptly file with the appropriate court a certified copy of the record on which the order assessing a civil penalty that is the subject of the review was issued.
(D)Substantial evidenceA court with jurisdiction over a review under this paragraph—
(i)shall not set aside or remand an order described in subparagraph (C) unless—
(I)there is not substantial evidence in the record, taken as a whole, to support the finding of a violation; or
(II)the assessment by the Commandant of the civil penalty constitutes an abuse of discretion; and
(ii)shall not impose additional civil penalties for the same violation unless the assessment by the Commandant of the civil penalty constitutes an abuse of discretion.
(11)Collection
(A)In generalIf any person fails to pay an assessment of a civil penalty after the assessment has become final, or after a court in a proceeding under paragraph (10) has entered a final judgment in favor of the Commandant, the Commandant shall request the Attorney General to bring a civil action in an appropriate district court to recover—
(i)the amount assessed; and
(ii)interest that has accrued on the amount assessed, as calculated at currently prevailing rates beginning on the date of the final order or the date of the final judgment, as the case may be.
(B)NonreviewabilityIn an action to recover an assessed civil penalty under subparagraph (A), the validity, amount, and appropriateness of the civil penalty shall not be subject to judicial review.
(C)Failure to pay penaltyAny person that fails to pay, on a timely basis, the amount of an assessment of a civil penalty under subparagraph (A) shall be required to pay, in addition to the amount of the civil penalty and accrued interest—
(i)attorney’s fees and other costs for collection proceedings; and
(ii)for each quarter during which the failure to pay persists, a quarterly nonpayment penalty in an amount equal to 20 percent of the aggregate amount of the assessed civil penalties and nonpayment penalties of the person that are unpaid as of the beginning of the quarter.
(12)Subpoenas
(A)In generalThe Commandant may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents in connection with hearings under this subsection.
(B)Refusal to obeyIn case of contumacy or refusal to obey a subpoena issued under this paragraph and served on any person—
(i)the United States district court for any district in which the person is found, resides, or transacts business, on application by the United States and after notice to the person, shall have jurisdiction to issue an order requiring the person to appear and give testimony before the Commandant or to appear and produce documents before the Commandant; and
(ii)any failure to obey such an order of the court may be punished by the court as a contempt of the court.
(c)Civil actionThe Commandant may commence, in the United States district court for the district in which the defendant is located, resides, or transacts business, a civil action to impose a civil penalty under this subsection in an amount not to exceed $25,000 for each day of violation.
(d)Criminal penalties
(1)Negligent violationsA person that negligently violates section 4 or any regulation promulgated under this Act commits a Class A misdemeanor.
(2)Knowing violationsAny person that knowingly violates section 4 or any regulation promulgated under this Act commits a Class D felony.
(3)False statementsAny person that knowingly makes any false statement, representation, or certification in any record, report, or other document filed or required to be maintained under this Act or any regulation promulgated under this Act, or that falsifies, tampers with, or knowingly renders inaccurate any testing or monitoring device or method required to be maintained under this Act or any regulation promulgated under this Act, commits a Class D felony.
(e)Rewards
(1)Payments to individuals
(A)In generalThe Commandant or the court, as the case may be, may order payment, from a civil penalty or criminal fine collected under this section, of an amount not to exceed 1/2 of the civil penalty or fine, to any individual who furnishes information that leads to the payment of the civil penalty or criminal fine.
(B)Multiple individualsIf 2 or more individuals provide information described in subparagraph (A), the amount available for payment as a reward shall be divided equitably among the individuals.
(C)Ineligible individualsNo officer or employee of the United States, a State, or an Indian tribe who furnishes information or renders service in the performance of the official duties of the officer or employee shall be eligible for a reward payment under this subsection.
(2)Payments to States or Indian tribesThe Commandant or the court, as the case may be, may order payment, from a civil penalty or criminal fine collected under this section, to a State or Indian tribe providing information or investigative assistance that leads to payment of the penalty or fine, of an amount that reflects the level of information or investigative assistance provided.
(3)Payments divided among States, Indian tribes, and individualsIn a case in which a State or Indian tribe and an individual under paragraph (1) are eligible to receive a reward payment under this subsection, the Commandant or the court shall divide the amount available for the reward equitably among those recipients.
(f)Liability in remA cruise vessel operated in violation of this Act or any regulation promulgated under this Act—
(1)shall be liable in rem for any civil penalty or criminal fine imposed under this section; and
(2)may be subject to a proceeding instituted in the United States district court for any district in which the cruise vessel may be found.
(g)Compliance orders
(1)In generalIf the Commandant determines that any person is in violation of section 4 or any regulation promulgated under this Act, the Commandant shall—
(A)issue an order requiring the person to comply with the section or requirement; or
(B)bring a civil action in accordance with subsection (b).
(2)Copies of order, service
(A)Corporate ordersIn any case in which an order under this subsection is issued to a corporation, a copy of the order shall be served on any appropriate corporate officer.
(B)Method of service; specificationsAn order issued under this subsection shall—
(i)be by personal service;
(ii)state with reasonable specificity the nature of the violation for which the order was issued; and
(iii)specify a deadline for compliance that is not later than—
(I)30 days after the date of issuance of the order, in the case of a violation of an interim compliance schedule or operation and maintenance requirement; and
(II)such date as the Commandant, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements, determines to be reasonable, in the case of a violation of a final deadline.
(h)Civil actions
(1)In generalThe Commandant may commence a civil action for appropriate relief, including a permanent or temporary injunction, for any violation for which the Commandant is authorized to issue a compliance order under this subsection.
(2)Court of jurisdiction
(A)In generalA civil action under this subsection may be brought in the United States district court for the district in which the defendant is located, resides, or is doing business.
(B)JurisdictionA court described in subparagraph (A) shall have jurisdiction to grant injunctive relief to address a violation, and require compliance, by the defendant.
10.Citizen suits
(a)AuthorizationExcept as provided in subsection (c), any citizen may commence a civil action on his or her own behalf—
(1)against any person (including the United States and any other governmental instrumentality or agency to the extent permitted by the eleventh amendment of the Constitution) that is alleged to be in violation of—
(A)the conditions imposed by section 4;
(B)an effluent limit or management standard under this Act; or
(C)an order issued by the Administrator or Commandant with respect to such a condition, effluent limit, or performance standard; or
(2)against the Administrator or Commandant, in a case in which there is alleged a failure by the Administrator or Commandant to perform any nondiscretionary act or duty under this Act.
(b)JurisdictionThe United States district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties—
(1)to enforce a condition, effluent limit, performance standard, or order described in subsection (a)(1);
(2)to order the Administrator or Commandant to perform a nondiscretionary act or duty described in subsection (a)(2); and
(3)to apply any appropriate civil penalties under section 9(b).
(c)NoticeNo action may be commenced under this section—
(1)before the date that is 60 days after the date on which the plaintiff gives notice of the alleged violation—
(A)to the Administrator or Commandant; and
(B)to any alleged violator of the condition, limit, standard, or order; or
(2)if the Administrator or Commandant has commenced and is diligently prosecuting a civil or criminal action on the same matter in a court of the United States (but in any such action, a citizen may intervene as a matter of right).
(d)Venue
(1)In generalAny civil action under this section shall be brought in—
(A)the United States District Court for the District of Columbia; or
(B)any other United States district court for any judicial district in which a cruise vessel or the owner or operator of a cruise vessel are located.
(2)InterventionIn a civil action under this section, the Administrator or the Commandant, if not a party, may intervene as a matter of right.
(3)Procedures
(A)ServiceIn any case in which a civil action is brought under this section in a court of the United States, the plaintiff shall serve a copy of the complaint on—
(i)the Attorney General;
(ii)the Administrator; and
(iii)the Commandant.
(B)Consent judgmentsNo consent judgment shall be entered in a civil action under this section to which the United States is not a party before the date that is 45 days after the date of receipt of a copy of the proposed consent judgment by—
(i)the Attorney General;
(ii)the Administrator; and
(iii)the Commandant.
(e)Litigation costs
(1)In generalA court of jurisdiction, in issuing any final order in any civil action brought in accordance with this section, may award costs of litigation (including reasonable attorney’s and expert witness fees) to any prevailing or substantially prevailing party, in any case in which the court determines that such an award is appropriate.
(2)SecurityIn any civil action under this section, the court of jurisdiction may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure.
(f)Statutory or common law rights not restrictedNothing in this section restricts the rights of any person (or class of persons) under any statute or common law to seek enforcement or other relief (including relief against the Administrator or Commandant).
(g)Civil action by State governorsA Governor of a State may commence a civil action under subsection (a) of this section, without regard to the limitation under subsection (c), against the Administrator or Commandant in any case in which there is alleged a failure of the Administrator or Commandant to enforce an effluent limit or performance standard under this Act, the violation of which is causing—
(1)an adverse effect on the public health or welfare in the State; or
(2)a violation of any water quality requirement in the State.
11.Alaskan cruise vessels
(a)Definition of Alaskan cruise vesselIn this section, the term Alaskan cruise vessel means a cruise vessel—
(1)that seasonally operates in water of or surrounding the State of Alaska;
(2)in which is installed, not later than the date of enactment of this Act (or, at the option of the Commandant, not later than September 30 of the fiscal year in which this Act is enacted), and certified by the State of Alaska for continuous discharge and operation in accordance with all applicable Federal and State law (including regulations), an advanced treatment system for the treatment and discharge of graywater and sewage; and
(3)that enters a port of the United States.
(b)Applicability
(1)In generalExcept as provided in paragraph (2), an Alaskan cruise vessel shall not be subject to this Act (including regulations promulgated under this Act) until the date that is 15 years after the date of enactment of this Act.
(2)ExceptionsAn Alaskan cruise vessel—
(A)shall not be subject to the minimum effluent limits prescribed under section 5(b) until the date that is 3 years after the date of enactment of this Act;
(B)shall not be subject to effluent limits promulgated under section 5(a) or 5(c) until the date that is 6 years after the date of enactment of this Act; and
(C)shall be prohibited from discharging sewage, graywater, and bilge water in the territorial sea, in accordance with this Act, as of the date of enactment of this Act.
12.Ballast waterIt is the sense of Congress that action should be taken to enact legislation requiring strong, mandatory standards for ballast water to reduce the threat of aquatic invasive species.
13.Funding
(a)Authorization of appropriationsThere are authorized to be appropriated to the Commandant and the Administrator such sums as are necessary to carry out this Act for each of fiscal years 2006 through 2010.
(b)Cruise Vessel Pollution Control Fund
(1)EstablishmentThere is established in the general fund of the Treasury a separate account to be known as the Cruise Vessel Pollution Control Fund (referred to in this section as the Fund).
(2)Appropriation of amountsThere are appropriated to the Fund such amounts as are deposited in the Fund under subsection (c)(5).
(3)Use of amounts in FundThe Administrator and the Commandant may use amounts in the fund, without further appropriation, to carry out this Act.
(c)Fees on cruise vessels
(1)In generalThe Commandant shall establish and collect from each cruise vessel a reasonable and appropriate fee, in an amount not to exceed $10 for each paying passenger on a cruise vessel voyage, for use in carrying out this Act.
(2)Adjustment of fee
(A)In generalThe Commandant shall biennially adjust the amount of the fee established under paragraph (1) to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor during each 2-year period.
(B)RoundingThe Commandant may round the adjustment in subparagraph (A) to the nearest 1/10 of a dollar.
(3)Factors in establishing fees
(A)In generalIn establishing fees under paragraph (1), the Commandant may establish lower levels of fees and the maximum amount of fees for certain classes of cruise vessels based on—
(i)size;
(ii)economic share; and
(iii)such other factors as are determined to be appropriate by the Commandant and Administrator.
(B)Fee schedulesAny fee schedule established under paragraph (1), including the level of fees and the maximum amount of fees, shall take into account—
(i)cruise vessel routes;
(ii)the frequency of stops at ports of call by cruise vessels; and
(iii)other relevant considerations.
(4)Collection of feesA fee established under paragraph (1) shall be collected by the Commandant from the owner or operator of each cruise vessel to which this Act applies.
(5)Deposits to FundNotwithstanding any other provision of law, all fees collected under this subsection, and all penalties and payments collected for violations of this Act, shall be deposited into the Fund.
14.Effect on other law
(a)United StatesNothing in this Act restricts, affects, or amends any other law or the authority of any department, instrumentality, or agency of the United States.
(b)States and interstate agencies
(1)In generalExcept as provided in paragraph (2), nothing in this Act precludes or denies the right of any State (including a political subdivision of a State) or interstate agency to adopt or enforce—
(A)any standard or limit relating to the discharge of pollutants by cruise ships; or
(B)any requirement relating to the control or abatement of pollution.
(2)ExceptionIf an effluent limit, performance standard, water quality standard, or any other prohibition or limitation is in effect under Federal law, a State (including a political subdivision of a State) or interstate agency described in paragraph (1) may not adopt or enforce any effluent limit, performance standard, water quality standard, or any other prohibition that—
(A)is less stringent than the effluent limit, performance standard, water quality standard, or other prohibition or limitation under this Act; or
(B)impairs or in any manner affects any right or jurisdiction of the State with respect to the waters of the State.


		II
		112th CONGRESS
		2d Session
		S. 2557
		IN THE SENATE OF THE UNITED
		  STATES

			May 7, 2012
			Mrs. Feinstein
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend the temporary suspension of duty
		  on artichokes, prepared or preserved by vinegar or acetic
		  acid.

		1.Artichokes, prepared or preserved by
			 vinegar or acetic acid
			(a)In generalHeading 9902.03.90 of the Harmonized Tariff
			 Schedule of the United States (relating to artichokes, prepared or preserved by
			 vinegar or acetic acid) is amended by striking the date in the effective period
			 column and inserting 12/31/2015.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies with respect to goods entered, or withdrawn from
			 warehouse for consumption, on or after the 15th day after the date of the
			 enactment of this Act.


113 S1910 IS: Pat Summitt Congressional Gold Medal Act
U.S. Senate
2014-01-09
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.

II113th CONGRESS2d SessionS. 1910IN THE SENATE OF THE UNITED STATESJanuary 9, 2014Mr. Alexander (for himself and Mr. Corker) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo award a Congressional Gold Medal to Pat Summitt, in recognition of her remarkable career as an unparalleled figure in women's team sports, and for her courage in speaking out openly and courageously about her battle with Alzheimer's.1.Short titleThis Act may be cited as the
		  Pat Summitt Congressional Gold Medal Act.2.FindingsCongress finds the following:(1)Pat Summitt, who has more wins than any
basketball coach in NCAA history, men or women,
concluded her coaching career after 38 seasons at the University of Tennessee on April 18, 2012.(2)Pat Summitt won a record eight NCAA
championships, and received National Coach of the
Year honors 7 times over her career.(3)Pat Summitt will remain head coach emeritus at the University of Tennessee, mentoring and teaching life skills to players.(4)Coaching has been the great passion of Pat
Summitt’s life, and the job has always been an opportunity for her to work with student-athletes and
help them discover their true potential.(5)Coach Summitt’s last team at the University of Tennessee finished with an overall record of
27–9, including an SEC Tournament Championship
and a spot in the Final Four in Denver.(6)Pat Summitt continued her work off the court, including a graduation record of 100 percent
for all Lady Vols who completed their eligibility at
the University of Tennessee.(7)Pat Summitt announced on August 23, 2011, that she had been diagnosed with early onset dementia, Alzheimer's Type.(8)Later in November 2011, Coach Summitt announced the Pat Summitt Foundation Fund, which helps to provide funding and research for Alzheimer’s and dementia.(9)On May 29, 2012, President Barack Obama awarded the Presidential Medal of Freedom, the country’s highest civilian honor, to Pat Summitt for her remarkable career as an unparalleled figure in women’s team sports, and for her courage in speaking out openly and courageously about her battle with Alzheimer’s.3.Congressional Gold Medal(a)Presentation authorizedThe Speaker of
the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements
for the presentation, on behalf of the Congress, of a gold
medal of appropriate design to Pat Summitt, in recognition of her remarkable career as an unparalleled figure
in women’s team sports, and for her courage in speaking
out openly and courageously about her battle with Alzheimer’s.(b)Design and strikingFor purposes of the presentation referred to in subsection (a), the Secretary
of the Treasury (referred to in this Act as the Secretary) shall strike a gold medal with suitable emblems,
devices, and inscriptions, to be determined by the Secretary.4.Duplicate medalsThe Secretary may strike and sell duplicates in
bronze of the gold medal struck pursuant to section 3
under such regulations as the Secretary may prescribe, at
a price sufficient to cover the cost thereof, including labor,
materials, dies, use of machinery, and overhead expenses,
and the cost of the gold medal.5.Status of medals(a)National medalsThe medals struck pursuant to this Act are national medals for purposes of chapter
51 of title 31, United States Code.(b)Numismatic itemsFor purposes of section
5134 of title 31, United States Code, all medals struck
under this Act shall be considered to be numismatic items.


		II
		111th CONGRESS
		2d Session
		S. 3063
		IN THE SENATE OF THE UNITED
		  STATES

			March 3, 2010
			Mr. Reid (for himself,
			 Mr. Begich, Mr.
			 Bennet, Mr. Bennett,
			 Mrs. Feinstein, Mr. Merkley, Ms.
			 Murkowski, and Mr. Wyden)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To direct the Secretary of the Interior to
		  provide loans to certain organizations in certain States to address habitats
		  and ecosystems and to address and prevent invasive species.

		1.Short titleThis Act may be cited as the
			 Invasive Species Emergency Response
			 Fund Act.
		2.PurposesThe purpose of this Act is to encourage
			 partnerships among Federal and State agencies, Indian tribes, academic
			 institutions, and public and private stakeholders—
			(1)to prevent against the introduction and
			 spread of harmful invasive species;
			(2)to protect, enhance, restore, and manage a
			 variety of habitats for native plants, fish, and wildlife; and
			(3)to establish early detection and rapid
			 response capabilities to combat incipient harmful invasive species.
			3.Invasive Species Emergency Response
			 Fund
			(a)DefinitionsIn this section:
				(1)EcosystemThe term ecosystem means an
			 area, considered as a whole, that contains living organisms that interact with
			 each other and with the non-living environment.
				(2)Eligible
			 StateThe term eligible
			 State means any State located in Region 4, as determined by the Census
			 Bureau.
				(3)FundThe term Fund means the
			 Invasive Species Emergency Response Fund established by subsection (b).
				(4)Indian tribeThe term Indian tribe has the
			 meaning given the term in section 4 of the Indian Self-Determination Act and
			 Education Assistance Act (25 U.S.C. 450b).
				(5)IntroductionThe term introduction, with
			 respect to a species, means the intentional or unintentional escape, release,
			 dissemination, or placement of the species into an ecosystem as a result of
			 human activity.
				(6)Invasive speciesThe term invasive species
			 means a species—
					(A)that is nonnative to a specified ecosystem;
			 and
					(B)the introduction to an ecosystem of which
			 causes, or may cause, harm to—
						(i)the economy;
						(ii)the environment; or
						(iii)human, animal, or plant health.
						(7)Qualified organization
					(A)In generalThe term qualified
			 organization means an organization that—
						(i)submits an application for a project in an
			 eligible State; and
						(ii)demonstrates an effort to address—
							(I)a certain invasive species; or
							(II)a certain habitat or ecosystem impacted by
			 an invasive species.
							(B)InclusionsThe term qualified
			 organization includes any individual representing, or any combination
			 of—
						(i)public or private stakeholders;
						(ii)Federal agencies;
						(iii)Indian tribes;
						(iv)State land, forest, or fish wildlife
			 management agencies;
						(v)academic institutions; and
						(vi)other organizations, as the Secretary
			 determines to be appropriate.
						(8)SecretaryThe term Secretary means the
			 Secretary of the Interior.
				(9)StakeholderThe term stakeholder
			 includes—
					(A)State, tribal, and local governmental
			 agencies;
					(B)the scientific community; and
					(C)nongovernmental entities, including
			 environmental, agricultural, and conservation organizations, trade groups,
			 commercial interests, and private landowners.
					(b)Establishment of FundThere is established in the Treasury of the
			 United States a revolving fund, to be known as the Invasive Species
			 Emergency Response Fund, consisting of—
				(1)such amounts as are appropriated to the
			 Fund pursuant to subsection (h); and
				(2)interest earned on investments of amounts
			 in the Fund under subsection (e).
				(c)Expenditures from Fund
				(1)In generalSubject to paragraph (2), on request by the
			 Secretary, the Secretary of the Treasury shall transfer from the Fund to the
			 Secretary such amounts as the Secretary determines are necessary to provide
			 loans under subsection (f)(1).
				(2)Administrative expensesOf the amounts in the Fund—
					(A)not more than 5 percent shall be available
			 for each fiscal year to pay the administrative expenses of the Department of
			 the Interior to carry out this section;
					(B)not more than 5 percent shall be available
			 for each fiscal year to pay the administrative expenses of offices of the
			 Governors of eligible States to carry out this section; and
					(C)not more than 10 percent shall be available
			 for each fiscal year to pay the administrative expenses of a qualified
			 organization to carry out this section.
					(d)Transfers of amounts
				(1)In generalThe amounts required to be transferred to
			 the Fund under this section shall be transferred at least monthly from the
			 general fund of the Treasury to the Fund on the basis of estimates made by the
			 Secretary of the Treasury.
				(2)AdjustmentsProper adjustment shall be made in amounts
			 subsequently transferred to the extent prior estimates were in excess of or
			 less than the amounts required to be transferred.
				(e)Investment of amounts
				(1)In generalThe Secretary of the Treasury shall invest
			 such portion of the Fund as is not, in the judgment of the Secretary of the
			 Treasury, required to meet current withdrawals.
				(2)Interest bearing obligationsInvestments may be made only in
			 interest-bearing obligations of the United States.
				(f)Use of Fund
				(1)Loans
					(A)In generalThe Secretary shall use amounts in the Fund
			 to provide loans to qualified organizations to prevent and remediate the
			 impacts of invasive species on habitats and ecosystems.
					(B)Eligibility
						(i)In generalTo be eligible to receive a loan under this
			 paragraph, a qualified organization shall submit to the Governor of the
			 eligible State in which the project of the qualified organization is located an
			 application at such time, in such manner, and containing such information as
			 may be required by application requirements established by the Secretary, after
			 taking into account the recommendations of the Governors of eligible
			 States.
						(ii)Gubernatorial recommendationsIn reviewing the applications under clause
			 (i), the Governor may recommend to the Secretary for approval any application
			 of a qualified organization under clause (i) if the Governor determines that
			 the qualified organization is carrying out or will carry out a project—
							(I)designed to fully assess long-term
			 comprehensive severity of the problem or potential problem addressed by the
			 project;
							(II)that uses early detection and response
			 mechanisms that seek to prevent—
								(aa)the introduction or spread of invasive
			 species from outside the United States into an eligible State; or
								(bb)the spread of an established invasive
			 species into an eligible State;
								(III)to prevent the regrowth or reintroduction
			 of an invasive species, to the extent to which the qualified organization has
			 achieved progress with respect to reduction or elimination of the invasive
			 species;
							(IV)in rare or unique habitats, such as—
								(aa)desert terminal lakes;
								(bb)rivers that feed desert terminal
			 lakes;
								(cc)desert springs;
								(dd)alpine lakes;
								(ee)old growth forest ecosystems; and
								(ff)special land allocations, such as
			 wilderness, wilderness management areas, research natural areas, and
			 experimental forests;
								(V)that is likely to prevent or resolve a
			 problem relating to invasive species;
							(VI)to remediate the spread of aquatic invasive
			 species within important bodies of water, as determined by the Secretary
			 (including the Colorado River);
							(VII)to remediate the spread of terrestrial
			 invasive species within important forest ecosystems, including wilderness,
			 wilderness management areas, research natural areas, and experimental
			 forests;
							(VIII)to assess and promote wildfire management
			 strategies, increase the supply of native plant materials, and reintroduce
			 native plant species intended to limit or mitigate the impacts of invasive
			 species;
							(IX)to assess and reduce invasive
			 species-related changes in wildlife habitat and aquatic, terrestrial, and arid
			 ecosystems;
							(X)to assess and reduce negative economic
			 impacts and other impacts associated with control methods and the restoration
			 of a native ecosystem;
							(XI)to improve the overall capacity of the
			 United States to address invasive species;
							(XII)to promote cooperation and participation
			 between States that have common interests regarding invasive species;
							(XIII)that addresses or enhances the efforts of
			 qualified organizations, States, or landscape-level initiatives that have
			 invasive species responsibility, authority, or prevention, remediation and
			 control strategies, and applicable plans in place; or
							(XIV)to educate the public regarding the
			 negative effects of invasive species, to help prevent and mitigate the
			 introduction and spread of invasive species into or near high-risk aquatic,
			 terrestrial, and arid ecosystems.
							(iii)Transmission to the SecretaryThe Governor shall transmit to the
			 Secretary all applications received by the Governor under clause (i).
						(C)Sense of Congress regarding multistate
			 compactsIt is the sense of
			 Congress that—
						(i)Governors of States should enter into
			 multistate compacts in coordination with qualified organizations to prevent,
			 address, and remediate against the spread of animals, plants, or pathogens, or
			 aquatic, wetland, or terrestrial invasive species;
						(ii)the Secretary should give special
			 consideration to multistate compacts described in clause (i) in reviewing loan
			 solicitations and applications of the States and qualified organizations that
			 are parties to the compacts; and
						(iii)if a multistate compact is entered into
			 under clause (i), the Governors of all States that are parties to the compact
			 should combine to repay to the Secretary of the Treasury a total combined
			 amount equal to not less than 25 percent of the amount of the loan provided
			 under this Act (including interest at a rate less than or equal to the market
			 interest rate).
						(D)Petitions
						(i)Action by GovernorNot later than 30 days after the receipt of
			 an application recommended for approval by the Secretary under subparagraph
			 (B)(ii), the Governor of an eligible State shall submit to the Secretary, on
			 behalf of all qualified organizations, a petition, together with copies of the
			 recommended application, to receive a loan under this paragraph.
						(ii)ApprovalNot later than 30 days after the date of
			 receipt of a petition under clause (i), the Secretary, at the sole discretion
			 of the Secretary, may approve the petition.
						(iii)Action on approvalNot later than 30 days after the date of
			 approval of a petition under clause (ii) or the approval by the Secretary of an
			 application otherwise transmitted by a Governor under subparagraph (B)(iii),
			 the Secretary shall provide to the qualified organization a loan under this
			 paragraph.
						(E)PriorityIn providing loans under this paragraph,
			 the Secretary shall give priority to applications of qualified organizations
			 carrying out, or that will carry out, more than 1 project described in
			 subparagraph (B)(ii).
					(2)Requirements
					(A)Loan repayment
						(i)In-kind considerationWith respect to loan repayment under clause
			 (ii), the Secretary may accept, in lieu of monetary payment, in-kind
			 contributions in such form and such quantity as may be acceptable to the
			 Secretary, including contributions in the form of—
							(I)maintenance, remediation, prevention,
			 alteration, repair, improvement, or restoration (including environmental
			 restoration) activities for approved projects; and
							(II)such other services as the Secretary
			 considers to be appropriate.
							(ii)RepaymentSubject to clause (iii), not later than 10
			 years after the date on which a qualified organization receives a loan under
			 paragraph (1), the qualified organization shall repay to the Secretary of the
			 Treasury an amount equal to not less than 25 percent of the amount of the loan
			 (including interest at a rate less than or equal to the market interest
			 rate).
						(iii)WaiverNot more frequently than once every 5
			 years, the Secretary, in consultation with the Secretary of the Treasury, may
			 waive the requirements under clauses (i) and (ii) with respect to 1 qualified
			 organization.
						(B)Long-term management and remediation
			 strategiesThe Secretary
			 shall ensure that no loan provided under paragraph (1) is used to carry out a
			 long-term management or remediation strategy, unless the Governor or applicable
			 qualified organization demonstrates either or both a reliable funding stream
			 and in-kind contributions to carry out the strategy over the duration of the
			 project.
					(3)RenewalAfter reviewing the reports under
			 subsection (g), if the Secretary, in consultation with the Governor of each
			 affected State, determines that a project is making satisfactory progress, the
			 Secretary may renew the loan provided under this subsection for a period of not
			 more than 3 additional fiscal years.
				(g)Reports
				(1)Reports to SecretaryFor each year during which a qualified
			 organization receives a loan under subsection (f), the qualified organization,
			 in conjunction with the Governor of the eligible State in which the qualified
			 organization is primarily located, shall submit to the Secretary a report
			 describing each project (including the results of the project) carried out by
			 the qualified organization using the loan during that year.
				(2)Report to CongressNot later than September 30, 2011, and
			 annually thereafter through September 30, 2015, the Secretary shall submit a
			 report describing the total loan amount requested by each eligible State during
			 the preceding fiscal year and the total amount of the loans provided under
			 subsection (f)(1) to each eligible State during that fiscal year, and an
			 evaluation on effectiveness of the Fund and the potential to expand the Fund to
			 other regions, to—
					(A)the Committees on Appropriations, Energy
			 and Natural Resources, and Environment and Public Works of the Senate;
			 and
					(B)the Committees on Appropriations and
			 Natural Resources of the House of Representatives.
					(3)Report by borrower
					(A)In generalEach qualified organization that receives a
			 loan under subsection (f)(1) shall submit to the Secretary a report describing
			 the use of the loan and the success achieved by the qualified
			 organization—
						(i)not less frequently than once each year
			 until the date of expiration of the loan; or
						(ii)if the loan expires before the date that is
			 1 year after the date on which the loan is provided, at least once during the
			 term of the loan.
						(B)Interim
			 updateIn addition to the
			 reports required under subparagraph (A), each qualified organization that
			 receives a loan under subsection (f)(1) shall submit to the Secretary,
			 electronically or in writing, a report describing the use of the loan and the
			 success achieved by the qualified organization, expressed in chronological
			 order with respect to the date on which each project was initiated—
						(i)not less frequently than once every 180
			 days until the date of expiration of the loan; or
						(ii)if the loan expires before the date that is
			 180 days after the date on which the loan is provided, on the date on which the
			 term of the loan is 50 percent completed.
						(h)Authorization of
			 appropriationsThere is
			 authorized to be appropriated to the Fund $80,000,000 for each of fiscal years
			 2011 through 2015.


116 HR 1342 IH: Ensuring Medicaid Provides Opportunities for Widespread Equity, Resources, and Care Act
U.S. House of Representatives
2019-02-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1342IN THE HOUSE OF REPRESENTATIVESFebruary 25, 2019Mrs. Dingell (for herself and Mr. Guthrie) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo reauthorize the Money Follows the Person Demonstration Program.

 1.Short titleThis Act may be cited as the Ensuring Medicaid Provides Opportunities for Widespread Equity, Resources, and Care Act or the EMPOWER Care Act. 2.Extension of Money Follows the Person Rebalancing Demonstration (a)FundingSection 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended—
 (1)in paragraph (1)— (A)in subparagraph (E), by striking and after the semicolon;
 (B)in subparagraph (F)— (i)by striking subject to subparagraph (3), $112,000,000 and inserting $450,000,000; and
 (ii)by striking the period at the end and inserting ; and; and (C)by adding at the end the following new subparagraph:

 (G)$450,000,000 for each of fiscal years 2020 through 2023.;  (2)in paragraph (2)—
 (A)by striking Subject to paragraph (3), amounts and inserting Amounts; and (B)by striking 2021 and inserting 2023; and
 (3)by striking paragraph (3). (b)Research and evaluationSection 6071(g) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended—
 (1)in paragraph (2), by striking 2016 and inserting 2023; and (2)in paragraph (3), by inserting and for each of fiscal years 2019 through 2023, after 2016,.
				3.Changes to institutional residency period requirement
 (a)In generalSection 6071(b)(2) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended— (1)in subparagraph (A)(i), by striking 90 and inserting 60; and
 (2)by striking the flush sentence after subparagraph (B). (b)Effective dateThe amendments made by subsection (a) shall take effect on the date that is 30 days after the date of enactment of this Act.
 4.Updates to State application requirementsSection 6071(c) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended— (1)in paragraph (3), by striking , which shall include and all that follows through 2007;
 (2)in paragraph (7)— (A)in the paragraph heading, by striking Rebalancing and inserting Expenditures; and
 (B)in subparagraph (B)— (i)in clause (i), by striking and after the semicolon;
 (ii)in clause (ii), by striking the period at the end and inserting a semicolon; and (iii)by adding at the end the following:

 (iii)include a work plan that describes for each Federal fiscal year that occurs during the proposed MFP demonstration project—
 (I)the use of grant funds for each proposed initiative that is designed to accomplish the objective described in subsection (a)(1), including a funding source for each activity that is part of each such proposed initiative;
 (II)an evaluation plan that identifies expected results for each such proposed initiative; and (III)a sustainability plan for components of such proposed initiatives that are intended to improve transitions, which shall be updated with actual expenditure information for each Federal fiscal year that occurs during the MFP demonstration project; and
 (iv)contain assurances that grant funds used to accomplish the objective described in subsection (a)(1) shall be obligated not later than 24 months after the date on which the funds are awarded and shall be expended not later than 60 months after the date on which the funds are awarded (unless the Secretary approves a waiver of either such requirement).; and
 (3)in paragraph (13)— (A)in subparagraph (A), by striking ; and and inserting , and in such manner as will meet the reporting requirements set forth for the Transformed Medicaid Statistical Management Information System (T–MSIS);;
 (B)by redesignating subparagraph (B) as subparagraph (D); and (C)by inserting after subparagraph (A) the following:

 (B)the State shall report on a quarterly basis on the use of grant funds by distinct activity, as described in the approved work plan, and by specific population as targeted by the State;
 (C)if the State fails to report the information required under subparagraph (B), fails to report such information on a quarterly basis, or fails to make progress under the approved work plan, the State shall implement a corrective action plan and any lack of progress under the approved work plan may result in withholding of grant funds made available to the State; and.
 5.Funding for quality assurance and improvement; technical assistance; oversightSection 6071(f) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by striking paragraph (2) and inserting the following:

 (2)FundingFrom the amounts appropriated under subsection (h)(1) for each of fiscal years 2019 through 2023, $1,000,000 shall be available to the Secretary for each such fiscal year to carry out this subsection..
 6.Best practices evaluationSection 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by adding at the end the following:

				(i)Best practices
 (1)ReportThe Secretary, directly or through grant or contract, shall submit a report to the President and Congress not later than September 30, 2020, that contains findings and conclusions on best practices from the State MFP demonstration projects carried out with grants made under this section. The report shall include information and analyses with respect to the following:
 (A)The most effective State strategies for transitioning beneficiaries from institutional to qualified community settings carried out under the State MFP demonstration projects and how such strategies may vary for different types of beneficiaries, such as beneficiaries who are aged, physically disabled, intellectually or developmentally disabled, or individuals with serious mental illnesses, and other targeted waiver beneficiary populations.
 (B)The most common and the most effective State uses of grant funds carried out under the State MFP demonstration projects for transitioning beneficiaries from institutional to qualified community settings and improving health outcomes, including differentiating funding for current initiatives that are designed for such purpose and funding for proposed initiatives that are designed for such purpose.
 (C)The most effective State approaches carried out under State MFP demonstration projects for improving person-centered care and planning.
 (D)Identification of program, financing, and other flexibilities available under the State MFP demonstration projects, that are not available under the traditional Medicaid program, and which directly contributed to successful transitions and improved health outcomes under the State MFP demonstration projects.
 (E)State strategies and financing mechanisms for effective coordination of housing financed or supported under State MFP demonstration projects with local housing authorities and other resources.
 (F)Effective State approaches for delivering Money Follows the Person transition services through managed care entities.
 (G)Other best practices and effective transition strategies demonstrated by States with approved MFP demonstration projects, as determined by the Secretary.
 (H)Identification and analyses of opportunities and challenges to integrating effective Money Follows the Person practices and State strategies into the traditional Medicaid program.
 (2)CollaborationIn preparing the report required under this subsection, the Secretary shall collect and incorporate information from States with approved MFP demonstration projects and beneficiaries participating in such projects, and providers participating in such projects.
 (3)FundingFrom the amounts appropriated under subsection (h)(1) for each of fiscal years 2019 through 2020, not more than $300,000 shall be available to the Secretary for each such fiscal year to carry out this subsection..
 7.MACPAC report on qualified settings criteriaSection 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note), as amended by section 6, is amended by adding at the end the following:

 (j)MACPAC reportPrior to the final implementation date established by the Secretary for the criteria established for home and community-based settings in section 441.301(c)(4) of title 42, Code of Federal Regulations, as part of final implementation of the Home and Community Based Services (HCBS) Final Rule published on January 16, 2014 (79 Fed. Reg. 2947) (referred to in this subsection as the HCBS final rule), the Medicaid and CHIP Payment and Access Commission (MACPAC) shall submit to Congress a report that—
 (1)identifies the types of home and community-based settings and associated services that are available to eligible individuals in both the MFP demonstration program and sites in compliance with the HCBS final rule; and
 (2)if determined appropriate by the Commission, recommends policies to align the criteria for a qualified residence under subsection (b)(6) (as in effect on October 1, 2017) with the criteria in the HCBS final rule..
		8.Application to current projects
 Not later than 1 year after the date of enactment of this Act, any State with an approved MFP demonstration project under section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) on the date of enactment of this Act shall submit a revised application to the Secretary that contains the same information and assurances as are required for any new State applicant under the amendments made by this Act.


		I
		111th CONGRESS
		1st Session
		H. R. 4230
		IN THE HOUSE OF REPRESENTATIVES

			December 8, 2009
			Mr. Blumenauer
			 introduced the following bill; which was referred to the
			 Committee on House
			 Administration, and in addition to the Committees on
			 Oversight and Government
			 Reform, Ways and
			 Means, Energy and
			 Commerce, and Veterans’
			 Affairs, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To limit access of Members of Congress to
		  Government-administered health care benefits so long as comprehensive health
		  reform legislation has not become law.

		1.Short titleThis Act may be cited as the
			 Health Care Reality Check Act.
		2.Limiting access
			 of Members of Congress to Government-administered health care benefits so long
			 as comprehensive health reform legislation has not become law
			(a)In
			 generalEffective for months
			 beginning after the date of the enactment of this Act, no Member of or delegate
			 to the United States House of Representatives and no Member of the United
			 States Senate shall be eligible for any Government-administered health care
			 benefit until the first day of the first month following the date on which
			 comprehensive health reform legislation is signed into law.
			(b)DefinitionsIn
			 this section:
				(1)Government-administered
			 health care benefitThe term
			 Government-administered health care benefit includes health care
			 benefits or services under or through any of the following:
					(A)FEHBPChapter
			 89 of title 5, United States Code (relating to the Federal Employees Health
			 Benefits Program or FEHBP).
					(B)MedicareThe
			 Medicare program under title XVIII of the Social Security Act.
					(C)VAThe
			 Department of Veterans Affairs.
					(D)OAPThe
			 Office of the Attending Physician in the United States Capitol.
					(E)FSAPayment
			 through a flexible spending account program.
					(2)Comprehensive
			 health reform legislationThe
			 term comprehensive health reform legislation means an Act of
			 Congress that includes at least all of the following:
					(A)Establishment of
			 an inclusive and accessible health insurance marketplace which includes a
			 public health insurance option.
					(B)A prohibition of
			 discrimination in health benefits coverage based on pre-existing conditions and
			 a prohibition on the imposition of lifetime limits on coverage.
					(C)A limit on the
			 ability of health insurance issuers to charge higher premiums due to health
			 status, age, or gender.
					(D)A requirement that
			 health insurance issuers expend a minimum medical loss ratio of at least 85
			 percent of premium dollars on medical care, rather than on administration,
			 marketing, and profit, and refund to consumers or subsequently adjust premiums
			 insofar as it fails to meet such loss ratio.
					(E)Establishment of
			 an essential health benefits requirement for all health insurance coverage that
			 includes coverage of hospitalization, physician services, prescription drugs,
			 preventive services with no cost-sharing, mental health services, and oral
			 health and vision for children.
					(F)Preserving
			 individual choice of doctors and health providers.
					(G)Providing a
			 sliding scale of affordability credit to low- and moderate- income individuals
			 and families and limiting annual out-of-pocket spending for all income levels
			 to prevent bankruptcies from medical expenses.
					(H)Creating shared
			 responsibility among individuals, employers, and government to ensure that all
			 Americans have affordable coverage of essential health benefits.


115 HRES 571 IH: Recognizing Filipino American History Month and celebrating the history and culture of Filipino Americans and their immense contributions to the United States.
U.S. House of Representatives
2017-10-12
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.

IV115th CONGRESS1st SessionH. RES. 571IN THE HOUSE OF REPRESENTATIVESOctober 12, 2017Ms. Hanabusa (for herself, Mr. McNerney, Ms. Bordallo, Mr. Vargas, Mr. Peters, Ms. Lofgren, Ms. Judy Chu of California, Mrs. Napolitano, Mr. Scott of Virginia, Ms. Lee, Mr. Sablan, Mr. Gomez, Mr. Lowenthal, Ms. Speier, Mr. Grijalva, Mr. Ted Lieu of California, Ms. Jayapal, and Mr. Takano) submitted the following resolution; which was referred to the Committee on Oversight and Government ReformRESOLUTIONRecognizing Filipino American History Month and celebrating the history and culture of Filipino
			 Americans and their immense contributions to the United States.

 Whereas the earliest documented Filipino presence in the continental United States was October 18, 1587, when the first Luzones Indios arrived in Morro Bay, California, on board the Nuestra Señora de Esperanza, a Manila-built galleon ship;
 Whereas the Filipino American National Historical Society recognizes 1763 as the year in which the first permanent Filipino settlement in the United States was established in St. Malo, Louisiana;
 Whereas the recognition of the first permanent Filipino settlement in the United States adds a new perspective to United States history by bringing attention to the economic, cultural, social, and other notable contributions made by Filipino Americans to the development of the United States;
 Whereas the Filipino American community is the second largest Asian American and Pacific Islander group in the United States with a population of approximately four million individuals;
 Whereas, from the Civil War to the Iraq and Afghanistan conflicts, Filipino American servicemen and servicewomen have a longstanding history of serving in the Armed Forces;
 Whereas more than 250,000 Filipinos fought under the United States flag during World War II to protect and defend the United States in the Pacific theater;
 Whereas 20,000 Filipino World War II veterans were granted United States citizenship as a result of the Immigration Act of 1990 (Public Law 101–649), which was signed into law by President George H.W. Bush on November 29, 1990;
 Whereas, effective June 8, 2016, the Filipino World War II Veterans Parole Program allowed for Filipino World War II veterans and certain family members to be reunited more expeditiously than what the current immigrant visa process would have otherwise allowed;
 Whereas the Filipino Veterans of World War II Congressional Gold Medal Act of 2015 (Public Law 114–265) was signed into law by President Barack Obama on December 14, 2016, and the presentation of congressional gold medals pursuant to such Act will take place on October 25, 2017, in Emancipation Hall in the United States Capitol;
 Whereas Filipino Americans continue to demonstrate a commendable sense of patriotism and honor; Whereas nine Filipino Americans have received the Congressional Medal of Honor, the highest award for valor in action against an enemy force that can be bestowed on an individual serving in the Armed Forces;
 Whereas the late Thelma Garcia Buchholdt, born in Claveria, Cagayan, on the island of Luzon in the Philippines—
 (1)moved with her family to Alaska in 1965; (2)was elected to the House of Representatives of Alaska in 1974;
 (3)was the first Filipino woman elected to a State legislature; and (4)authored a comprehensive history book entitled Filipinos in Alaska: 1788–1958;
 Whereas Filipino American farm workers and labor leaders, such as Philip Vera Cruz and Larry Itliong, played an integral role in the multiethnic United Farm Workers movement alongside Cesar Chávez, Dolores Huerta, and other Latino workers;
 Whereas Filipino Americans play an integral role in the United States healthcare system as nurses, doctors, and other medical professionals;
 Whereas Filipino Americans have contributed greatly to music, dance, literature, education, business, journalism, sports, fashion, politics, government, science, technology, the fine arts, and other fields that enrich the landscape of the United States;
 Whereas, as mandated in the mission statement of the Filipino American National Historical Society, efforts should continue to promote the study of Filipino American history and culture because the roles of Filipino Americans and other people of color have largely been overlooked in the writing, teaching, and learning of United States history;
 Whereas it is imperative for Filipino American youth to have positive role models to instill— (1)the significance of education, complemented by the richness of Filipino American ethnicity; and
 (2)the value of the Filipino American legacy; and Whereas it is essential to promote the understanding, education, and appreciation of the history and culture of Filipino Americans in the United States: Now, therefore, be it

 That the House of Representatives— (1)recognizes the celebration of Filipino American History Month as—
 (A)a study of the advancement of Filipino Americans; (B)a time to reflect on and remember the many notable contributions that Filipino Americans have made to the United States; and
 (C)a time to renew efforts toward the research and examination of history and culture so as to provide an opportunity for all people of the United States to learn more about Filipino Americans and to appreciate the historic contributions of Filipino Americans to the United States; and
 (2)urges the people of the United States to observe Filipino American History Month with appropriate programs and activities.