114 HR 3892 IH: Muslim Brotherhood Terrorist Designation Act of 2015
U.S. House of Representatives
2015-11-03
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
		114th CONGRESS
		1st Session
		H. R. 3892
		IN THE HOUSE OF REPRESENTATIVES

			November 3, 2015
			Mr. Diaz-Balart (for himself, Mr. Gohmert, Mr. Weber of Texas, Mrs. Black, and Mr. Pompeo) introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To require the Secretary of State to submit a report to Congress on the designation of the Muslim
			 Brotherhood as a foreign terrorist organization, and for other purposes.

 1.Short titleThis Act may be cited as the Muslim Brotherhood Terrorist Designation Act of 2015. 2.Findings; sense of Congress (a)FindingsCongress finds the following:
 (1)Multiple countries have declared the Society of the Muslim Brothers (commonly known as the Muslim Brotherhood) a terrorist organization or proscribed the group from operating in their countries. (2)In 1980, following a wave of assassinations targeting government officials and the June 16, 1979, massacre of 83 military cadets in Aleppo, the Government of Syria—
 (A)banned the Muslim Brotherhood from the country; and (B)made membership in the organization punishable by death.
 (3)In a February 14, 2003, court decision, the Russian Supreme Court— (A)described the Muslim Brotherhood as a terrorist organization; and
 (B)banned the organization from operating in Russia. (4)In 2013—
 (A)an Egyptian court banned the Muslim Brotherhood from Egypt; and (B)the Government of Egypt officially declared the Muslim Brotherhood a terrorist organization.
 (5)The Kingdom of Saudi Arabia designated the Muslim Brotherhood as a terrorist group on March 7, 2014.
 (6)The Cabinet of the United Arab Emirates has published a list of terrorist organizations, which includes the Muslim Brotherhood and its local affiliates.
 (7)On March 21, 2014, the Foreign Minister of Bahrain backed the terrorist designations of the Muslim Brotherhood by the United Arab Emirates and Saudi Arabia.
 (8)The Muslim Brotherhood, which was founded in Egypt in 1928 by Hassan al-Banna, remains headquartered in Egypt but operates throughout the world.
 (9)The Muslim Brotherhood’s long-standing motto includes the following: Allah is our objective. The Prophet is our leader. The Qur’an is our law. Jihad is our way. Dying in the way of Allah is our highest hope. [Allah is greater!].
 (10)Hassan al-Banna, in a book entitled The Way of Jihad, taught— (A)Jihad is an obligation from Allah on every Muslim and cannot be ignored nor evaded. Allah has ascribed great importance to jihad and has made the reward of the martyrs and fighters in His way a splendid one. Only those who have acted similarly and who have modeled themselves upon the martyrs in their performance of jihad can join them in this reward.; and
 (B)Jihad [means] the fighting of the unbelievers, and involves all possible efforts that are necessary to dismantle the power of the enemies of Islam including beating them, plundering their wealth, destroying their places of worship and smashing their idols..
 (11)Hassan al-Banna also taught that it is the nature of Islam to dominate, not to be dominated, and thus that the mission of Islam, as interpreted and executed by the Muslim Brotherhood, must be to impose [Islamic] law on nations and to extend its power to the entire planet. While al-Banna's plan for accomplishing this mission was multifaceted, it centrally incorporated training for and the execution of violent jihad–terrorist operations.
 (12)In Richard P. Mitchell’s 1969 book on the history of the Muslim Brotherhood, entitled The Society of Muslim Brothers, Professor Mitchell explained al-Banna's teachings on violent jihad: The certainty that jihad had this physical connotation is evidenced by the relationship always implied between it and the possibility, even the necessity, of death and martyrdom. Death, as an important end of jihad, was extolled by al-Banna in a phrase which came to be a famous part of his legacy: [T]he art of death. Death is art. The Koran has commanded people to love death more than life. Unless the philosophy of the Koran on death replaces the love of life which has consumed Muslims, then they will reach naught. Victory can only come with the mastery of the art of death. The movement cannot succeed, al-Banna insists, without this dedicated and unqualified kind of jihad.
 (13)This philosophy pervaded the Muslim Brotherhood’s prioritization of training for combat. Professor Mitchell observed that it was the tone of the training which gave [the Muslim Brotherhood] its distinctive qualities, adding: If the Muslim Brothers were more effectively violent than other groups on the Egyptian scene, it was because militancy and martyrdom had been elevated to central virtues in the Society's ethos.. Its literature and speeches were permeated with references identifying it and its purposes in military terms. Al-Banna told members again and again that they were the army of liberation, carrying on your shoulders the message of liberation; you are the battalions of salvation for this nation afflicted by calamity.
 (14)Al-Banna's blueprint for revolution anticipated a final stage of execution at which point the battalions the Muslim Brotherhood had trained would conquer … every obstinate tyrant. This violent ideology continued to be part of the Brotherhood’s indoctrination in standard membership texts, such as Sayyid Qutb's Milestones and Fathi Yakan’s To Be a Muslim.
 (15)In Muslim Brotherhood organizations and chapters throughout the world, including in the United States, al-Banna’s originating philosophy continues to be taught.
 (16)In its earliest days, the Egyptian Muslim Brotherhood established a terrorist wing, referred to as the secret apparatus, which conducted bombings and assassinations targeting foreigners and government officials. The assassinations by the Muslim Brotherhood of Judge Ahmed Al-Khazinder Bey in 1947 and Prime Minister Mahmoud Al-Nuqrashi in 1948 prompted the first ban on the organization in Egypt.
 (17)The United States has previously designated global elements of the Muslim Brotherhood as foreign terrorist organizations, including—
 (A)the terrorist group Hamas, which self-identifies as one of the wings of the Muslim Brotherhood in Palestine, which was designated as a foreign terrorist organization by President William J. Clinton on January 23, 1995, by Executive Order 12947, and by Secretary of State Madeline Albright on October 7, 1997, under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); and
 (B)the Kuwaiti Muslim Brotherhood’s Lajnat al-Daawa al-Islamiya (Islamic Call Committee), which was designated as a foreign terrorist organization by President George W. Bush on September 23, 2001, by Executive Order 13224 and by Secretary of State Colin Powell on January 9, 2003, under such section 219(a).
 (18)Lajnat al-Daawa al-Islamiya was designated as a foreign terrorist organization for— (A)being a financial conduit for Osama bin Laden and Al-Qaeda;
 (B)funding terrorist groups in Chechnya and Libya; and (C)including Al-Qaeda operations chief Khalid Sheikh Mohammed and World Trade Center bomber Ramzi Yousef as leaders with the organization.
 (19)Militias of the Libyan Muslim Brotherhood recently joined forces with United States designated terrorist organizations, particularly Ansar al-Sharia, as part of the Shura Council of Benghazi Revolutionaries and Libya Dawn forces fighting against the military forces of the internationally recognized Libyan government.
 (20)Individual Muslim Brotherhood leaders have been designated by the United States as Specially Designated Terrorists, as authorized under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and initiated under Executive Order 13224 (September 23, 2001), including Shaykh Abd-al-Majid Al-Zindani, a leader of the Yemeni Muslim Brotherhood’s Al-Islah political party, who was designated by the Secretary of the Treasury as a specially designated terrorist on February 2, 2004. The designation states that al-Zindani has a long history of working with Bin Laden, serving as one of his spiritual leaders, in addition to his activities in support of Al-Qaeda, including recruiting and procuring weapons. Al-Zindani was also identified in a Federal lawsuit as a coordinator of the October 2000 suicide attack targeting the USS COLE in Aden, Yemen, that killed 17 United States Navy sailors, including personally selecting the 2 suicide bombers. In September 2012, al-Zindani reportedly called for his supporters to kill United States Marines stationed at the United States Embassy in Sana'a, Yemen.
 (21)Mohammad Jamal Khalifa, a veteran of the Soviet-Afghan war, senior Muslim Brotherhood leader, and brother-in-law and close confidant of Osama bin Laden was arrested in California in December 1994 on charges related to the 1993 bombing of the World Trade Center. Evidence was found at that time that linked Khalifa to the planned al-Qaeda Operation Bojinka plot that included the bombing of 11 airplanes between Asia and the United States. He was deported to Jordan in May 1995. Prior to that time he operated an Islamic charity in the Philippines that was accused of funneling money to the Abu Sayyef terrorist group and laundering money for Bin Laden. He was sought again by United States authorities in 2007, and an Interpol bulletin was issued to several United States intelligence agencies. Khalifa was killed four days later in Madagascar.
 (22)Sami Al-Hajj, an Al-Qaeda member and senior leader of the Muslim Brotherhood's Shura Council, was imprisoned as a detainee at the Department of Defense facility at Guantanamo Bay, Cuba. He was captured by Pakistani forces near the Afghanistan border in 2001 and transferred to United States custody. He was detained for his work as a money and weapons courier for Al-Qaeda. He reportedly worked directly with Taliban commander Mullah Mohammad Omar to procure weapons, and met with senior Afghan Muslim Brotherhood officials in mid-2001 to discuss the transfer of Stinger missiles from Afghanistan to Chechnya.
 (23)According to a May 1995 report by the United States House of Representatives Task Force on Terrorism and Unconventional Warfare, a series of conferences hosted by Sudanese Muslim Brotherhood leader Hassan al-Turabi in Khartoum, Sudan, during October 1994 and March to April 1995 featured representatives from virtually every Islamic terrorist organization in the world. The conferences included representatives from Iranian intelligence, Hezbollah, Palestinian Islamic Jihad, Egyptian Islamic Jihad, and the Armed Islamic Group of Algeria, and leaders from the international Muslim Brotherhood, the Muslim Brotherhood in the Gulf Countries, Hamas (the Palestinian Muslim Brotherhood), the Islamic Action Front (Jordanian Muslim Brotherhood), and the Ennahda Movement (the Tunisian Muslim Brotherhood). Osama bin Laden was present at the conferences. The parties agreed to launch a terrorism offensive beginning in 1995, with targets including United States interests and personnel in the Middle East and attacks inside the United States homeland.
 (24)In October 2003, Richard Clarke, former National Coordinator for Security and Counterterrorism for Presidents William J. Clinton and George W. Bush, testified before the Committee on Banking, Housing, and Urban Affairs of the Senate that terrorist organizations continued to operate inside the United States and their connection to the Muslim Brotherhood networks, stating Dating back to the 1980's, Islamist terrorist networks have developed a sophisticated and diversified financial infrastructure in the United States. In the post September 11th environment, it is now widely known that every major Islamist terrorist organization, from Hamas to Islamic Jihad to al-Qaeda, has leveraged the financial resources and institutions of the United States to build their capabilities. We face a highly developed enemy in our mission to stop terrorist financing. While the overseas operations of Islamist terrorist organizations are generally segregated and distinct, the opposite holds in the United States. The issue of terrorist financing in the United States is a fundamental example of the shared infrastructure levered by Hamas, Islamic Jihad and al-Qaeda, all of which enjoy a significant degree of cooperation and coordination within our borders. The common link here is the extremist Muslim Brotherhood—all of these organizations are descendants of the membership and ideology of the Muslim Brothers..
 (25)One of the examples cited by Richard Clarke in his testimony before the Committee on Banking, Housing, and Urban Affairs of the Senate was the case of Soliman Biheiri, who ran an investment firm specializing in islamically permissible investments, the Secaucus, New Jersey-based Baitul Mal, Incorporated, which offered a range of financial services for the Muslim community, and invested in businesses and real estate. According to Federal prosecutors, the shareholders of Baitul Mal included al-Qaeda financier Yassin al-Qadi and top Hamas leader Mousa abu Marzook, both of whom are specially designated global terrorists and operated separate businesses out of the offices of Baitul Mal, Incorporated and also did business with Baitul Mal, Incorporated. Other Baitul Mal, Incorporated investors included Abdullah bin Laden, nephew of Osama bin laden, and Tarek Swaidan, a Kuwaiti Muslim Brotherhood leader. In a September 2003 detention hearing, Federal prosecutors described Biheiri as the United States banker for the Muslim Brotherhood, and stating that the defendant came here as the Muslim Brotherhood's financial toehold in the United States.. Biheiri was convicted on Federal immigration charges on October 9, 2003.
 (26)The fact that the international Muslim Brotherhood engages in terrorism financing inside the United States was attested to in February 2011 by FBI Director Robert Mueller, who testified before the Permanent Select Committee on Intelligence of the House of Representatives about the Muslim Brotherhood's networks and agenda in the United States, stating: I can say at the outset that elements of the Muslim Brotherhood both here and overseas have supported terrorism. To the extent that I can provide information, I would be happy to do so in closed session. But it would be difficult to do in open session..
 (27)In the Holy Land Foundation prosecutions—the largest terrorism financing trial in United States history—Department of Justice officials successfully argued in court that the international Muslim Brotherhood and its United States affiliates had engaged in a widespread conspiracy to raise money and materially support the terrorist group Hamas. HLF officials charged in the case were found guilty on all counts in November 2008, primarily related to millions of dollars that had been transferred to Hamas. During the trial and in court documents, Federal prosecutors implicated a number of prominent United States-Islamic organizations in this conspiracy, including the Islamic Society of North America, the North American Islamic Trust, and the Council on American-Islamic Relations. These groups and their leaders, among others, were named as unindicted co-conspirators in the case. The Department of Justice told the court that these United States-Muslim Brotherhood affiliates acted at the direction of the international Muslim Brotherhood to support terrorism in a July 2008 court filing: ISNA and NAIT, in fact, shared more with HLF than just a parent organization. They were intimately connected with the [Holy Land Foundation] and its assigned task of providing financial support to HAMAS. Shortly after HAMAS was founded in 1987, as an outgrowth of the Muslim Brotherhood, the International Muslim Brotherhood ordered the Muslim Brotherhood chapters throughout the world to create Palestine Committees, who supported HAMAS with media, money and men. The U.S.-Muslim Brotherhood created the U.S. Palestine Committee, which document reflect was initially comprised of 3 organizations: the Holy Land Foundation, the Islamic Association for Palestine, and the United Association for Studies and Research. CAIR was later added to these organizations. The mandate of these organizations, per the International Muslim Brotherhood, was to support HAMAS, and the HLF's particular role was to raise money to support HAMAS' organizations inside the Palestinian territories..
 (28)In September 2010, the Supreme Guide of the Muslim Brotherhood, Mohamed Badie, delivered a weekly sermon mirroring the ideological themes of Al-Qaeda's August 1996 declaration of war against the United States. Calling on Arab and Muslim regimes to confront not just Israel, but also the United States, he declared that Resistance is the only solution against the Zio-American arrogance and tyranny.. This resistance can only come from fighting and understanding that the improvement and change that the [Muslim] nation seeks can only be attained through jihad and sacrifice and by raising a jihadi generation that pursues death just as the enemies pursue life. He also predicted the imminent downfall of the United States, saying The United States is now experiencing the beginning of its end, and is heading towards its demise..
 (29)Since August 2013, Muslim Brotherhood members in Egypt have been killed in firefights during attacks on police and military targets, and during the manufacture and placement of explosives for acts of terrorism.
 (30)The August 14, 2013, clearing of Muslim Brotherhood protests in Egypt resulted in attacks by Muslim Brotherhood supporters targeting the Coptic Christian community. Attacks included 70 churches and more than 1,000 homes and businesses of Coptic Christian families torched in the ensuing violence. During the Muslim Brotherhood protests, there were repeated reports of direct incitement towards the Copts from leading Muslim Brotherhood figures, and since the protest dispersal this targeting of the Christian community continues in official statements on Muslim Brotherhood social media outlets and from its leadership. As the United States Commission on International Religious Freedom has previously noted, this terror campaign by the Muslim Brotherhood is not a new development. Over the past decade violence by the Muslim Brotherhood has been directed at the Coptic community. As the USCIRF observed in its 2003 Annual Report: Coptic Christians face ongoing violence from vigilante Muslim extremists, including members of the Muslim Brotherhood, many of whom act with impunity..
 (31)On January 27, 2015, the Muslim Brotherhood published on their official Ikhwanonline.com website an announcement that the organization was entering a new phase and calling its followers to prepare for a long, uncompromising jihad against the Egyptian government. The statement also positively recalled the Muslim Brotherhood’s terrorist past, including the operations of the secret apparatus terror wing active in the 1940s and 1950s, and the group’s battalions organized by Brotherhood founder Hassan al-Banna that fought against Israel during its War of Independence in 1948.
 (32)On May 27, 2015, a group of 159 Muslim Brotherhood-associated scholars from 35 nations announced the publication of a document endorsing violence in Egypt in response to a war against Islam's principles.. Specifically, Article 4 of the Call to Egypt calls for retribution punishment against government officials, judges, police, soldiers, religious officials, and media personalities backing the government. The document was affirmed by the Muslim Brotherhood in an English-language statement published on their official website.
 (33)A July 1, 2015, statement published on the Muslim Brotherhood's official English-language website called for rebellion against the Egyptian government after a group of senior Muslim Brotherhood leaders were killed in a shootout after opening fire on Egyptian anti-terror police who were raiding the secret meeting in 6 of October City. Documents reportedly recovered at the scene showed that the leadership were planning acts of sabotage and attacks on police stations during the second anniversary of the removal of Mohamed Morsi on July 3rd.
 (34)A senior Egyptian Muslim Brotherhood leader, Ashraf Abdel Ghaffar, gave a July 3, 2015, interview in which he defended the sabotage of power stations and high voltage pylons targeting Egyptian citizens by the Muslim Brotherhood as punishment for support of the Egyptian government.
 (b)Sense of CongressIt is the sense of Congress that— (1)the Muslim Brotherhood meets the criteria for designation as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and
 (2)the Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury, should exercise the Secretary of State’s statutory authority by designating the Muslim Brotherhood as a foreign terrorist organization.
				3.Report on designation of the muslim brotherhood as a foreign terrorist organization
 (a)DefinitionsIn this section: (1)Appropriate congressional committeesThe term appropriate congressional committees means—
 (A)the Committee on Homeland Security and Governmental Affairs of the Senate; (B)the Committee on Armed Services of the Senate;
 (C)the Committee on Foreign Relations of the Senate; (D)the Select Committee on Intelligence of the Senate;
 (E)the Committee on the Judiciary of the Senate; (F)the Committee on Banking, Housing, and Urban Affairs of the Senate;
 (G)the Committee on Homeland Security of the House of Representatives; (H)the Committee on Armed Services of the House of Representatives;
 (I)the Committee on Foreign Affairs of the House of Representatives; (J)the Permanent Select Committee on Intelligence of the House of Representatives;
 (K)the Committee on the Judiciary of the House of Representatives; and (L)the Committee on Financial Services of the House of Representatives.
 (2)Intelligence communityThe term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
 (b)ReportNot later than 60 days after the date of the enactment of this Act, the Secretary of State, in consultation with the intelligence community, shall submit a detailed report to the appropriate congressional committees that—
 (1)indicates whether the Muslim Brotherhood meets the criteria for designation as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and
 (2)if the Secretary of State determines that Muslim Brotherhood does not meet the criteria referred to in paragraph (1), includes a detailed justification as to which criteria have not been met.
 (c)FormThe report required under subsection (b) shall be submitted in unclassified form, but may include a classified annex, if appropriate.


117 HR 3530 IH: Illegal Immigration Penalty Enhancement Act of 2021
U.S. House of Representatives
2021-05-25
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.

I117th CONGRESS1st SessionH. R. 3530IN THE HOUSE OF REPRESENTATIVESMay 25, 2021Mr. Nehls (for himself and Mr. Reschenthaler) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend the Immigration and Nationality Act to impose a penalty for illegal immigration, and for other purposes.1.Short titleThis Act may be cited as the Illegal Immigration Penalty Enhancement Act of 2021. 2.Penalty for illegal immigration(a)In generalChapter 8 of Immigration and Nationality Act (8 U.S.C. 1321 et seq.) is amended by adding after section 275 of the Immigration and Nationality Act (8 U.S.C. 125) the following new section:275A.Penalty for illegal immigration(a)OffenseNotwithstanding any other provision of law, a certain illegal alien found to have reentered into the United States shall be imprisoned for a term of not less than five years in a Federal correctional facility.(b)Conviction for a crimeNotwithstanding any other provision of law, a certain illegal alien who is convicted of an offense under subsection (a) and an offense under State or Federal law shall serve such sentences consecutively with the penalty for the offense under subsection (a) being served in a Federal correctional facility. (c)Subsequent entryThe penalty under subsection (a) shall apply to each unlawful entry into the United States.(d)Certain illegal alien definedIn this section, the term certain illegal alien means an alien, who at the time of a commission of an offense under subsection (a)—(1)does not have lawful immigration status, including—(A)an alien who entered the United States without inspection, admission, or parole; or(B)an alien whose lawful status has expired or was rescinded, revoked, or otherwise terminated; and(2)has reentered the United States after being deported..(b)Conforming amendmentThe table of contents for the Immigration and Nationality Act is amended by inserting after the item relating to section 275 the following:Sec. 275A. Penalty for illegal immigration. .


		II
		112th CONGRESS
		2d Session
		S. 3428
		IN THE SENATE OF THE UNITED STATES

			July 24, 2012
			Mr. Cardin introduced
			 the following bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To amend the Clean Air Act to partially waive the
		  renewable fuel standard when corn inventories are low.

		1.Short titleThis Act may be cited as the
			 Renewable Fuel Standard Flexibility
			 Act.
		2.Partial Waiver of
			 renewable fuel standardSection 211(o)(7) of the Clean Air Act (42
			 U.S.C. 7545(o)(7)) is amended by adding at the end the following:

				(G)Consideration of
				Corn Inventories
					(i)Determinations
				regarding corn stocks-to-use ratioNot later than November 30 of each year,
				the Administrator shall determine and publish the estimated United States corn
				stocks-to-use ratio for the applicable crop year—
						(I)in consultation
				with the Secretary of Agriculture; and
						(II)based on the most
				recent publication of the World Agricultural Supply and Demand Estimate or
				other similar authoritative estimate issued or used by the Secretary of
				Agriculture.
						(ii)WaiverBased on the most recent determination of
				the Administrator under clause (i), the Administrator shall waive the
				requirements of paragraph (2) by reducing the national quantity of renewable
				fuel otherwise required for a period as follows:

									United States Corn Stocks-to-Use
						Ratio for the Applicable Crop Year (percent)Reduction in national quantity of renewable fuel
						required

									Above
						10.0No adjustment

									10.0–7.510 percent reduction

									7.49–6.015 percent reduction

									5.99–5.025 percent reduction

									Below
						5.050 percent reduction.

					(iii)DurationA
				waiver under clause (ii) that is based on a determination under clause (i) that
				is made not later than November 30 of a calendar year shall—
						(I)take effect on
				the date that is 30 days after the date on which the determination is
				published; and
						(II)remain in effect
				for the following calendar year.
						(iv)Adjustment of
				renewable fuel obligationOn granting a waiver under clause (ii)
				that reduces the national quantity of renewable fuel required for a period to
				which paragraph (3) applies, the Administrator shall adjust the renewable fuel
				obligation determined under paragraph (3) in proportion to the
				reduction.
					(v)No effect on
				required volume of advanced biofuel
						(I)In
				generalA waiver granted under this subparagraph that reduces the
				national quantity of renewable fuel required for a period shall not affect the
				volume of advanced biofuel required under paragraph (2).
						(II)ApplicabilityThe
				Administrator shall not allow any volume of conventional biofuel to be used to
				satisfy the requirement for advanced biofuel under paragraph (2).
						(vi)PublicationThe
				Administrator shall publish each waiver under clause (ii) in the Federal
				Register, including an explanation of the basis for the
				waiver.
					.


109 HRES 849 EH: Providing for consideration of the bill (H.R. 5521) making appropriations for the Legislative Branch for the fiscal year ending September 30, 2007, and for other purposes.
U.S. House of Representatives
2006-06-07
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.

IV
109th CONGRESS
2d Session
H. RES. 849
In the House of Representatives, U. S.,

June 7, 2006

RESOLUTION
Providing for consideration of the bill (H.R. 5521) making appropriations for the Legislative Branch for the fiscal year ending September 30, 2007, and for other purposes.

That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 5521) making appropriations for the Legislative Branch for the fiscal year ending September 30, 2007, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Appropriations. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read. All points of order against provisions in the bill for failure to comply with clause 2 of rule XXI are waived. Notwithstanding clause 11 of rule XVIII, no amendment to the bill shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Karen L. HaasClerk.


110 HR 5777 IH: To impose certain restrictions on trade with and

U.S. House of Representatives
2008-04-10
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
		110th CONGRESS
		2d Session
		H. R. 5777
		IN THE HOUSE OF REPRESENTATIVES

			April 10, 2008
			Mr. Tancredo
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means, and in addition to the Committees on
			 Foreign Affairs,
			 Judiciary, and
			 Financial Services, 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 impose certain restrictions on trade with and
		  investment in the People’s Republic of China, and for other
		  purposes.

		1.Short titleThis Act may be cited as the China
			 Democracy Act.
		2.Restrictions on
			 trade with and investment in the People’s Republic of China
			(a)Restrictions on
			 trade
				(1)In
			 generalSubject to paragraph (2), no article that is the product
			 of the People’s Republic of China may be imported into the United States, and
			 no goods or technology may be exported from any place in the United States to
			 the People’s Republic of China.
				(2)ExceptionParagraph
			 (1) shall not apply to—
					(A)exports of food or
			 medicine to the People’s Republic of China; or
					(B)exports of items
			 that would be authorized for export to Cuba, except that such items shall be
			 subject to the same restrictions relating to licenses or other approval that
			 apply with respect to exports of such items to Cuba.
					(b)Restrictions on
			 investment in Chinese enterprisesNo United States person may,
			 after the end of the 180-day period beginning on the date of the enactment of
			 this Act, make an investment in any enterprise in the People’s Republic of
			 China or in any enterprise that is owned or controlled by the Government of,
			 entities controlled by the Government of, or nationals of, the People’s
			 Republic of China.
			(c)Restrictions on
			 investment by Chinese nationals in U.S. personsNo United States person may, after the end
			 of the 180-day period beginning on the date of the enactment of this Act,
			 engage in any transaction the purpose of which is to secure an investment by a
			 Chinese national in any United States person or in any enterprise owned or
			 controlled by United States persons.
			3.Entry of vessels
			 engaged in trade with the People’s Republic of China
			(a)ProhibitionsExcept as specifically authorized by the
			 President, by means of regulations, rulings, instructions, licenses, or
			 otherwise —
				(1)no vessel that enters a port or place in the People’s Republic of China to
			 engage in the trade of goods or the purchase or provision of services, may
			 enter a port in the United States for the purpose of loading or unloading
			 freight for a period of 180 days after the date on which the vessel departed
			 from a port or place in the People’s Republic of China; and
				(2)no vessel carrying goods to or from the
			 People’s Republic of China or carrying goods in which the People’s Republic of
			 China or a national of the People’s Republic of China has an interest may enter
			 a port in the United States with such goods on board.
				(b)ExceptionSubsection (a) shall not apply with respect
			 to exports of items permitted under section 1.
			4.Enforcement
			(a)Regulatory
			 authorityThe President shall
			 issue such regulations, orders, and licenses as are necessary to carry out this
			 Act.
			(b)Exceptions from
			 prohibitionsThe President
			 may provide for such exceptions from the prohibitions contained in this Act as
			 are consistent with the Cuban Assets Control Regulations under part 515 of
			 title 31, Code of Federal Regulations, as in effect on the date of the
			 enactment of this Act.
			5.PenaltiesAny person or entity that violates this Act
			 or any regulation, license, or order issued under this Act shall be subject to
			 the penalties provided in section 206 of the International Emergency Economic
			 Powers Act (50 U.S.C. 1705) for violations under that Act.
		6.Suspension of
			 visas to Chinese nationalsNo
			 immigrant or nonimmigrant visa may be issued to any national of the People’s
			 Republic of China, and any such visa issued to a national of the People’s
			 Republic of China before the effective date of this Act may not be extended on
			 or after such effective date.
		7.Downgrading of
			 diplomatic relationsThe
			 President shall take the necessary steps to downgrade diplomatic relations with
			 the People’s Republic of China to that which existed before the United States
			 recognized the People’s Republic of China in 1979.
		8.DefinitionsIn this Act:
			(1)FoodThe term food means—
				(A)any article used
			 for food or drink for humans; and
				(B)any article used
			 for a component of an article described in subparagraph (A).
				(2)InvestmentThe term investment means
			 any contribution or commitment of funds, commodities, services, patents,
			 processes, or techniques, in the form of—
				(A)a loan,
				(B)the purchase of a
			 share of ownership,
				(C)participation in
			 royalties, earnings, or profits,
				(D)the furnishing of
			 commodities or services pursuant to a lease or other contract, or
				(E)other
			 mechanism,
				that is made
			 for the production of income.(3)MedicineThe
			 term medicine has the meaning given the term drug
			 in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
			 321).
			(4)National of the
			 People’s Republic of ChinaThe term national of the
			 People’s Republic of China—
				(A)means—
					(i)a
			 citizen of or person owing allegiance to the People’s Republic of China;
					(ii)any corporation, partnership, or other
			 entity organized under the laws of the People’s Republic of China; and
					(iii)any entity owned
			 or controlled by persons or entities described in clause (i) or (i); and
					(B)does not include any citizen or person
			 owing allegiance to Taiwan, the Pescadores, or any other island over which the
			 Taiwanese Government exercises control.
				(5)People’s
			 Republic of ChinaThe term
			 People’s Republic of China—
				(A)includes mainland
			 China, Hong Kong, Macao, and any other territory or special administrative
			 region governed by the People’s Republic of China; and
				(B)does not include
			 Taiwan, the Pescadores, or any other island over which the Taiwanese Government
			 exercises control.
				(6)United
			 StatesThe term United
			 States includes any commonwealth, territory, or possession of the
			 United States, and the customs waters of the United States (as defined in
			 section 401 of the Tariff Act of 1930 (19 U.S.C. 1401)).
			(7)United States
			 personThe term United States person means—
				(A)any United States
			 citizen or alien lawfully admitted for permanent residence to the United
			 States;
				(B)any corporation,
			 partnership, or other entity organized under the laws of the United States;
			 and
				(C)any person in the
			 United States.
				(8)VesselThe
			 term vessel includes every description of water craft or other
			 contrivance used, or capable of being used, as a means of transportation in
			 water, but does not include aircraft.
			9.Effective
			 dateThis Act shall take
			 effect 180 days after the date of the enactment of this Act.
		10.TerminationThis Act shall cease to be effective 30 days
			 after the date on which the President determines and certifies to the Congress
			 that the People’s Republic of China—
			(1)at the national, provincial, and local
			 levels, is governed by governments that are democratically elected from free
			 and fair elections—
				(A)conducted under
			 the supervision of internationally recognized observers; and
				(B)in which—
					(i)opposition parties
			 were permitted ample time to organize and campaign for such elections; and
					(ii)all
			 candidates were permitted full access to the media;
					(2)is showing respect
			 for the basic civil liberties and human rights of the citizens of the People’s
			 Republic of China;
			(3)has a
			 market-oriented economic system based on the right to own and enjoy property;
			(4)ensures regular
			 free and fair elections and the full enjoyment of basic civil liberties and
			 human rights by the citizens of the People’s Republic of China;
			(5)has established an
			 independent judiciary; and
			(6)is no longer engaging in wide-scale
			 espionage activities directed against the United States.


		II
		111th CONGRESS
		1st Session
		S. 1820
		IN THE SENATE OF THE UNITED STATES

			October 21, 2009
			Mr. Durbin introduced
			 the following bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To amend the Federal Water Pollution Control Act to
		  establish national standards for discharges from cruise
		  vessels.

		1.Short titleThis Act may be cited as the
			 Clean Cruise Ship Act of
			 2009.
		2.Findings and
			 purposes
			(a)FindingsCongress finds that—
				(1)cruise ships carry
			 millions of passengers through North American waters each year, showcase some
			 of the most beautiful ocean and coastal environments in the United States, and
			 provide opportunities for passengers to relax and enjoy oceans and marine
			 ecosystems;
				(2)the number of
			 cruise passengers continues to grow, making the cruise industry one of the
			 fastest growing tourism sectors in the world;
				(3)in 2007, more than
			 10,000,000 passengers departed from North America on thousands of cruise
			 ships;
				(4)during the 2
			 decades preceding the date of enactment of this Act, the average cruise ship
			 size has increased at a rate of approximately 90 feet every 5 years;
				(5)an average-sized
			 cruise vessel generates millions of gallons of liquid waste and many tons of
			 solid waste;
				(6)in just 1 week, a
			 3000-passenger cruise ship generates approximately 210,000 gallons of human
			 sewage, 1,000,000 gallons of water from showers and sinks and dishwashing water
			 (commonly known as graywater), 37,000 gallons of oily bilge
			 water, more than 8 tons of solid waste, and toxic wastes from dry cleaning and
			 photo-processing laboratories;
				(7)in an
			 Environmental Protection Agency survey of 29 ships traveling in Alaskan waters,
			 reported sewage generation rates ranged from 1,000 to 74,000 gallons per day
			 per vessel, with the average volume of sewage generated being 21,000 gallons
			 per day per vessel;
				(8)those frequently
			 untreated cruise ship discharges deliver nutrients, hazardous substances,
			 pharmaceuticals, and human pathogens, including viruses and bacteria, directly
			 into the marine environment;
				(9)in the final
			 report of the United States Commission on Ocean Policy, that Commission found
			 that cruise ship discharges, if not treated and disposed of properly, and the
			 cumulative impacts caused when cruise ships repeatedly visit the same
			 environmentally sensitive areas, can be a significant source of
			 pathogens and nutrients with the potential to threaten human health and damage
			 shellfish beds, coral reefs, and other aquatic life;
				(10)pollution from
			 cruise ships not only has the potential to threaten marine life and human
			 health through consumption of contaminated seafood, but also poses a health
			 risk for recreational swimmers, surfers, and other beachgoers;
				(11)according to the
			 Environmental Protection Agency, Sewage may host many pathogens of
			 concern to human health, including Salmonella, Shigella, Hepatitis A and E, and
			 gastro-intestinal viruses. Sewage contamination in swimming areas and shellfish
			 beds poses potential risks to human health and the environment by increasing
			 the rate of waterborne illnesses;
				(12)the nutrient
			 pollution from human sewage discharges from cruise ships can contribute to the
			 incidence of harmful algal blooms;
				(13)algal blooms
			 have been implicated in the deaths of marine life, including the deaths of more
			 than 150 manatees off the coast of Florida;
				(14)in a 2005 report
			 requested by the International Council of Cruise Lines, the Science Panel of
			 the Ocean Conservation and Tourism Alliance recommended that—
					(A)“[a]ll blackwater
			 should be treated”;
					(B)treated
			 blackwater should be “avoided in ports, close to bathing beaches or water
			 bodies with restricted circulation, flushing or inflow”; and
					(C)blackwater should
			 not be discharged within 4 nautical miles of shellfish beds, coral reefs, or
			 other sensitive habitats;
					(15)that Science
			 Panel further recommended that graywater be treated in the same manner as
			 blackwater and that sewage sludge be off-loaded to approved land-based
			 facilities;
				(16)in a summary of
			 recommendations for addressing unabated point sources of pollution, the Pew
			 Oceans Commission states that, “Congress should enact legislation that
			 regulates wastewater discharges from cruise ships under the Clean Water Act by
			 establishing uniform minimum standards for discharges in all State waters and
			 prohibiting discharges within the U.S. Exclusive Economic Zone that do not meet
			 effluent standards.”; and
				(17)a comprehensive
			 statutory regime for managing pollution discharges from cruise vessels,
			 applicable throughout the United States, is needed—
					(A)to protect
			 coastal and ocean areas from pollution generated by cruise vessels;
					(B)to reduce and
			 better regulate discharges from cruise vessels; and
					(C)to improve
			 monitoring, reporting, and enforcement of standards regarding
			 discharges.
					(b)PurposeThe
			 purpose of this Act is to amend the Federal Water Pollution Control Act (33
			 U.S.C. 1251 et seq.) to establish national standards and prohibitions for
			 discharges from cruise vessels.
			3.Cruise vessel
			 dischargesSection 402 of the
			 Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at
			 the end the following:

				(s)Cruise vessel
				discharges
					(1)DefinitionsIn this subsection:
						(A)Bilge
				water
							(i)In
				generalThe term bilge water means
				wastewater.
							(ii)InclusionsThe
				term bilge water includes lubrication oils, transmission oils, oil
				sludge or slops, fuel or oil sludge, used oil, used fuel or fuel filters, and
				oily waste.
							(B)CommandantThe
				term Commandant means the Commandant of the Coast Guard.
						(C)Cruise
				vessel
							(i)In
				generalThe term cruise vessel means a passenger
				vessel that—
								(I)is authorized to
				carry at least 250 passengers; and
								(II)has onboard
				sleeping facilities for each passenger.
								(ii)ExclusionsThe
				term cruise vessel does not include—
								(I)a vessel of the
				United States operated by the Federal Government;
								(II)a vessel owned
				and operated by the government of a State; or
								(III)a vessel owned
				by a local government.
								(D)DischargeThe
				term discharge means the release, escape, disposal, spilling,
				leaking, pumping, emitting, or emptying of bilge water, graywater, hazardous
				waste, incinerator ash, sewage, sewage sludge, trash, or garbage from a cruise
				vessel into the environment, however caused, other than—
							(i)at an approved
				shoreside reception facility, if applicable; and
							(ii)in compliance
				with all applicable Federal, State, and local laws (including
				regulations).
							(E)Exclusive
				economic zoneThe term exclusive economic zone has
				the meaning given the term in section 2101 of title 46, United States Code (as
				in effect on the day before the date of enactment of Public Law 109–304 (120
				Stat. 1485)).
						(F)FundThe
				term Fund means the Cruise Vessel Pollution Control Fund
				established by paragraph (11)(A)(i).
						(G)GarbageThe
				term garbage means solid waste from food preparation, service and
				disposal activities, even if shredded, ground, processed, or treated to comply
				with other requirements.
						(H)Graywater
							(i)In
				generalThe term graywater means galley water,
				dishwasher, and bath, shower, and washbasin water.
							(ii)InclusionsThe
				term graywater includes, to the extent not already covered under
				provisions of law relating to hazardous waste—
								(I)spa, pool, and
				laundry wastewater;
								(II)wastes from soot
				tanker or economizer cleaning;
								(III)wastes from
				photo processing;
								(IV)wastes from
				vessel interior surface cleaning; and
								(V)miscellaneous
				equipment and process wastewater.
								(I)Hazardous
				wasteThe term
				hazardous waste has the meaning given the term in section 6903 of
				the Solid Waste Disposal Act (42 U.S.C. 6903).
						(J)Incinerator
				ashThe term incinerator ash means ash generated
				during the incineration of solid waste or sewage sludge.
						(K)New
				vesselThe term new vessel means a vessel, the
				construction of which is initiated after promulgation of standards and
				regulations under this subsection.
						(L)No-discharge
				zone
							(i)In
				generalThe term no-discharge zone means an area of
				ecological importance, whether designated by Federal, State, or local
				authorities.
							(ii)InclusionsThe
				term no-discharge zone includes—
								(I)a marine
				sanctuary;
								(II)a marine
				protected area;
								(III)a marine
				reserve; and
								(IV)a marine
				national monument.
								(M)PassengerThe
				term passenger means any person (including a paying passenger and
				any staff member, such as a crew member, captain, or officer) traveling on
				board a cruise vessel.
						(N)SewageThe
				term sewage means—
							(i)human and animal
				body wastes; and
							(ii)wastes from
				toilets and other receptacles intended to receive or retain human and animal
				body wastes.
							(O)Sewage
				sludge
							(i)In
				generalThe term sewage sludge means any solid,
				semi-solid, or liquid residue removed during the treatment of on-board
				sewage.
							(ii)InclusionsThe
				term sewage sludge includes—
								(I)solids removed
				during primary, secondary, or advanced wastewater 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 (or a successor regulation)); and
								(VI)sewage sludge
				products.
								(iii)ExclusionsThe
				term sewage sludge does not include—
								(I)grit or
				screenings; or
								(II)ash generated
				during the incineration of sewage sludge.
								(P)TrashThe
				term trash means solid waste from vessel operations and passenger
				services, even if shredded, ground, processed, or treated to comply with other
				regulations.
						(2)Prohibitions
						(A)Prohibition on
				discharge of sewage sludge, incinerator ash, and hazardous waste
							(i)In
				generalExcept as provided by subparagraph (C), no cruise vessel
				departing from, or calling on, a port of the United States may discharge sewage
				sludge, incinerator ash, or hazardous waste into navigable waters, including
				the contiguous zone and the exclusive economic zone.
							(ii)Off-loadingSewage
				sludge, incinerator ash, and hazardous waste described in clause (i) shall be
				off-loaded at an appropriate land-based facility.
							(B)Prohibition on
				discharge of sewage, graywater, and bilge water
							(i)In
				generalExcept as provided by subparagraph (C), no cruise vessel
				departing from or calling on, a port of the United States may discharge sewage,
				graywater, or bilge water into navigable waters, including the contiguous zone
				and the exclusive economic zone, unless—
								(I)the sewage,
				graywater, or bilge water is treated to meet all applicable effluent limits
				established under this section and is in accordance with all other applicable
				laws;
								(II)the cruise vessel
				is underway and proceeding at a speed of not less than 6 knots;
								(III)the cruise
				vessel is more than 12 nautical miles from shore; and
								(IV)the cruise vessel
				complies with all applicable standards established under this Act.
								(ii)No-discharge
				zonesNotwithstanding any other provision of this paragraph, no
				cruise vessel departing from, or calling on, a port of the United States may
				discharge treated or untreated sewage, graywater, or bilge water into a
				no-discharge zone.
							(C)Safety
				exception
							(i)Scope of
				exceptionSubparagraphs (A) and (B) shall not apply in any case
				in which—
								(I)a discharge is
				made solely for the purpose of securing the safety of the cruise vessel or
				saving human life at sea; and
								(II)all reasonable
				precautions have been taken to prevent or minimize the discharge.
								(ii)Notification
								(I)In
				generalIf the owner, operator, master, or other person in charge
				of a cruise vessel authorizes a discharge described in clause (i), the person
				shall notify the Administrator and the Commandant of the decision to authorize
				the discharge as soon as practicable, but not later than 24 hours, after
				authorizing the discharge.
								(II)ReportNot
				later than 7 days after the date on which a discharge described in clause (i)
				occurs, the owner, operator, master, or other person in charge of a cruise
				vessel, shall submit to the Administrator and the Commandant a report that
				describes—
									(aa)the
				quantity and composition of each discharge authorized under clause (i);
									(bb)the
				reason for authorizing each such discharge;
									(cc)the
				location of the vessel during the course of each such discharge; and
									(dd)such other
				supporting information and data as are requested by the Commandant or the
				Administrator.
									(III)Disclosure of
				reportsUpon receiving a report under subclause (II), the
				Administrator shall make the report available to the public.
								(3)Effluent
				limits
						(A)Effluent limits
				for discharges of sewage, graywater, and bilge water
							(i)In
				generalNot later than 1 year after the date of enactment of this
				subsection, the Administrator shall promulgate effluent limits for sewage,
				graywater, and bilge water discharges from cruise vessels.
							(ii)RequirementsThe
				effluent limits shall—
								(I)be consistent with
				the capability of the best available technology to treat effluent;
								(II)take into account
				the best available scientific information on the environmental effects of
				sewage, graywater, and bilge water discharges, including conventional,
				nontoxic, and toxic pollutants and petroleum;
								(III)take into account
				marine life and ecosystems, including coral reefs, shell fish beds, endangered
				species, marine mammals, seabirds, and marine ecosystems;
								(IV)take into account
				conditions that will affect marine life, ecosystems, and human health,
				including seamounts, continental shelves, oceanic fronts, warm core and cold
				core rings, and ocean currents; and
								(V)require compliance
				with all relevant Federal and State water quality standards.
								(iii)Minimum
				limitsThe effluent limits promulgated under clause (i) shall
				require, at a minimum, that treated sewage, treated graywater, and treated
				bilge water effluent discharges from cruise vessels, measured at the point of
				discharge, shall, not later than the date described in subparagraph (C)—
								(I)satisfy the
				minimum level of effluent quality specified in section 133.102 of title 40,
				Code of Federal Regulations (or a successor regulation); and
								(II)with respect to
				the samples from the discharge during any 30-day period—
									(aa)have a geometric
				mean that does not exceed 20 fecal coliform per 100 milliliters;
									(bb)not
				exceed 40 fecal coliform per 100 milliliters in more than 10 percent of the
				samples; and
									(cc)with respect to
				concentrations of total residual chlorine, not exceed 10 milligrams per
				liter.
									(B)Review and
				revision of effluent limitsThe Administrator shall—
							(i)review the effluent
				limits promulgated under subparagraph (A) at least once every 5 years;
				and
							(ii)revise the
				effluent limits to incorporate technology available at the time of the review
				in accordance with subparagraph (A)(ii).
							(C)Compliance
				dateThe Administrator shall
				require compliance with the effluent limits promulgated pursuant to
				subparagraph (A)—
							(i)with respect to
				new vessels put into water after the date of enactment of this subsection, as
				of the date that is 180 days after the date of promulgation of the effluent
				limits; and
							(ii)with respect to
				vessels in use as of that date of enactment, as of the date that is 1 year
				after the date of promulgation of the effluent limits.
							(D)Sampling,
				monitoring, and reporting
							(i)In
				generalThe Administrator shall require sampling, monitoring, and
				reporting to ensure compliance with—
								(I)the effluent
				limitations promulgated under subparagraph (A);
								(II)all other
				applicable provisions of this Act;
								(III)any regulations
				promulgated under this Act;
								(IV)other applicable
				Federal laws (including regulations); and
								(V)all applicable
				international treaty requirements.
								(ii)Responsibilities
				of persons in charge of cruise vesselsThe owner, operator,
				master, or other person in charge of a cruise vessel, shall at a
				minimum—
								(I)conduct sampling
				or testing at the point of discharge on a monthly basis, or more frequently, as
				determined by the Administrator;
								(II)provide real-time
				data to the Administrator, using telemetric or other similar technology, for
				reporting relating to—
									(aa)discharges of
				sewage, graywater, and bilge water from cruise vessels;
									(bb)pollutants emitted
				in sewage, graywater, and bilge water from cruise vessels; and
									(cc)functioning of
				cruise vessel components relating to fuel consumption and control of air and
				water pollution;
									(III)ensure, to the
				maximum extent practicable, that technologies providing real-time data have the
				ability to record—
									(aa)the
				location and time of discharges from cruise vessels;
									(bb)the
				source, content, and volume of the discharges; and
									(cc)the
				operational state of components relating to pollution control technology at the
				time of the discharges, including whether the components are operating
				correctly;
									(IV)establish chains
				of custody, analysis protocols, and other specific information necessary to
				ensure that the sampling, testing, and records of that sampling and testing are
				reliable; and
								(V)maintain, and
				provide on a monthly basis to the Administrator, electronic copies of required
				sampling and testing data.
								(iii)Reporting
				requirementsThe Administrator shall require the compilation and
				production, and not later than 1 year after the date of enactment of this
				subsection and biennially thereafter, the provision to the Administrator and
				the Commandant in electronic format, of documentation for each cruise vessel
				that includes, at a minimum—
								(I)a detailed
				description of onboard waste treatment mechanisms in use by the cruise vessel,
				including the manufacturer of the waste treatment technology on board;
								(II)a detailed
				description of onboard sludge management practices of the cruise vessel;
								(III)copies of
				applicable hazardous materials forms;
								(IV)a
				characterization of the nature, type, and composition of discharges by the
				cruise vessel;
								(V)a determination of
				the volumes of those discharges, including average volumes; and
								(VI)the locations,
				including the more common locations, of those discharges.
								(iv)Shoreside
				disposalThe Administrator shall require documentation of
				shoreside disposal at approved facilities for all wastes by, at a
				minimum—
								(I)establishing
				standardized forms for the receipt of those wastes;
								(II)requiring those
				receipts to be sent electronically to the Administrator and Commandant and
				maintained in an onboard record book; and
								(III)requiring those
				receipts to be signed and dated by the owner, operator, master, or other person
				in charge of the discharging vessel and the authorized representative of the
				receiving facility.
								(v)RegulationsNot
				later than 18 months after the date of enactment of this subsection, the
				Administrator, in consultation with the Commandant, shall promulgate
				regulations that, at a minimum, implement the sampling, monitoring, and
				reporting protocols required by this subparagraph.
							(4)Inspection
				program
						(A)In
				generalThe Administrator shall establish an inspection program
				to require that—
							(i)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;
							(ii)each cruise
				vessel that calls on a port of the United States be subject to an unannounced
				inspection at least once per year; and
							(iii)inspections be
				carried out by the Environmental Protection Agency or the Coast Guard.
							(B)Coast Guard
				inspectionsIf the Administrator and the Commandant jointly agree
				that some or all inspections are to be carried out by the Coast Guard, the
				inspections shall—
							(i)occur outside the
				Coast Guard matrix system for setting boarding priorities;
							(ii)be consistent
				across Coast Guard districts; and
							(iii)be conducted by
				specially-trained environmental inspectors.
							(C)RegulationsNot
				later than 18 months after the date of enactment of this subsection, the
				Administrator, in consultation with the Commandant, shall promulgate
				regulations that, at a minimum—
							(i)designate
				responsibility for conducting inspections;
							(ii)require the owner,
				operator, master, or other person in charge of a cruise vessel to maintain and
				submit a logbook detailing the times, types, volumes, flow rates, origins, and
				specific locations of, and explanations for, any discharges from the cruise
				vessel not otherwise required by the International Convention for the
				Prevention of Pollution from Ships, 1973 (done at London on November 2, 1973;
				entered into force on October 2, 1983), as modified by the Protocol of 1978
				relating to the International Convention for the Prevention of Pollution from
				Ships, 1973 (done at London, February 17, 1978);
							(iii)provide for
				routine announced and unannounced inspections of—
								(I)cruise vessel
				environmental compliance records and procedures; and
								(II)the functionality,
				sufficiency, redundancy, and proper operation and maintenance of installed
				equipment for abatement and control of any cruise vessel discharge (including
				equipment intended to treat sewage, graywater, or bilge water);
								(iv)ensure
				that—
								(I)all crew members
				are informed of, in the native language of the crew members, and understand,
				the pollution control obligations under this subsection, including regulations
				promulgated under this subsection; and
								(II)applicable crew
				members are sufficiently trained and competent to comply with requirements
				under this subsection, including sufficient training and competence—
									(aa)to
				effectively operate shipboard pollution control systems;
									(bb)to
				conduct all necessary sampling and testing; and
									(cc)to
				monitor and comply with recording requirements;
									(v)require that
				operating manuals be on the cruise vessel and accessible to all crew
				members;
							(vi)require the
				posting of the phone number for a toll-free whistleblower hotline on all ships
				and at all ports using language likely to be understood by international
				crews;
							(vii)require any
				owner, operator, master, or other person in charge of a cruise vessel, who has
				knowledge of a discharge from the cruise vessel in violation of this
				subsection, including regulations promulgated under this subsection, to report
				immediately the discharge to the Administrator and the Commandant;
							(viii)require the
				owner, operator, master, or other person in charge of a cruise vessel to
				provide, not later than 1 year after the date of enactment of this subsection,
				to the Administrator, Commandant, and on-board observers (including designated
				representatives), a copy of cruise vessel plans, including—
								(I)piping schematic
				diagrams;
								(II)construction
				drawings; and
								(III)drawings or
				diagrams of storage systems, processing, treating, intake, or discharge
				systems, and any modifications of those systems (within the year during which
				the modifications are made); and
								(ix)inhibit illegal
				discharges by prohibiting all means of altering piping, tankage, pumps, valves,
				and processes to bypass or circumvent measures or equipment designed to
				monitor, sample, or prevent discharges.
							(D)Disclosure of
				logbooksThe logbook described in subparagraph (C)(ii) shall be
				submitted to the Administrator and the Commandant.
						(5)Cruise observer
				program
						(A)In
				generalNot later than 18 months after the date of enactment of
				this subsection, the Commandant, in consultation with the Administrator, shall
				establish and carry out a program for the hiring and placement of 1 or more
				trained, independent, observers on each cruise vessel.
						(B)PurposeThe
				purpose of the cruise observer program established under subparagraph (A) is to
				monitor and inspect cruise vessel operations, equipment, and discharges to
				ensure compliance with—
							(i)this subsection
				(including regulations promulgated under this subsection); and
							(ii)all other
				relevant Federal and State laws and international agreements.
							(C)RegulationsNot
				later than 18 months after the date of enactment of this subsection, the
				Commandant, in consultation with the Administrator and the Attorney General,
				shall promulgate regulations that, at a minimum—
							(i)specify that the
				Coast Guard shall be responsible for the hiring of observers;
							(ii)specify the
				qualifications, experience, and duties of the observers;
							(iii)specify methods
				and criteria for Coast Guard hiring of observers;
							(iv)establish the
				means for ensuring constant observer coverage and allowing for observer relief
				and rotation; and
							(v)establish an
				appropriate rate of pay to ensure that observers are highly trained and
				retained by the Coast Guard.
							(D)ResponsibilitiesCruise
				observers participating in the program established under subparagraph (A)
				shall—
							(i)observe and
				inspect—
								(I)onboard liquid and
				solid handling and processing systems;
								(II)onboard
				environmental treatment systems;
								(III)use of
				shore-based treatment and storage facilities;
								(IV)discharges and
				discharge practices; and
								(V)documents relating
				to environmental compliance, including—
									(aa)sounding boards,
				logs, and logbooks;
									(bb)daily and
				corporate maintenance and engineers’ logbooks;
									(cc)fuel, sludge,
				slop, waste, and ballast tank capacity tables;
									(dd)installation,
				maintenance, and operation records for oily water separators, incinerators, and
				boilers;
									(ee)piping
				diagrams;
									(ff)e-mail
				archives;
									(gg)receipts for the
				transfer of materials, including waste disposal;
									(hh)air
				emissions data; and
									(ii)electronic and
				other records of relevant information, including fuel consumption, maintenance,
				and spares ordering for all waste processing- and pollution-related
				equipment;
									(ii)have the
				authority to interview and otherwise query any crew member with knowledge of
				cruise vessel operations;
							(iii)have access to
				all data and information made available to government officials under this
				subsection;
							(iv)immediately report
				any known or suspected violation of this subsection or any other applicable
				Federal law or international agreement to—
								(I)the owner,
				operator, master, or other person in charge of a cruise vessel;
								(II)the Commandant;
				and
								(III)the
				Administrator;
								(v)maintain
				inspection records to be submitted to the Commandant and the Administrator on a
				semiannual basis; and
							(vi)have authority to
				conduct the full range of duties of the observers within the United States
				territorial seas, contiguous zone, and exclusive economic zone.
							(E)Program
				evaluationThe cruise observer program established and carried
				out by the Commandant under subparagraph (A) shall include—
							(i)a
				method for collecting and reviewing data relating to the efficiency,
				sufficiency, and operation of the cruise observer program, including—
								(I)the ability to
				achieve program goals;
								(II)cruise vessel
				personnel cooperation;
								(III)necessary
				equipment and analytical resources; and
								(IV)the need for
				additional observer training; and
								(ii)a
				process for adopting periodic revisions to the program based on the data
				collected under clause (i).
							(F)Observer
				supportNot later than 18 months after the date of enactment of
				this subsection, the Commandant, in consultation with the Administrator, shall
				implement a program to provide support to observers, including, at a
				minimum—
							(i)training for
				observers to ensure the ability of the observers to carry out this
				paragraph;
							(ii)necessary
				equipment and analytical resources, such as laboratories, to carry out the
				responsibilities established under this subsection; and
							(iii)support relating
				to the administration of the program and the response to any recalcitrant
				cruise vessel personnel.
							(G)ReportNot
				later than 3 years after the date of establishment of the program under this
				paragraph, the Commandant, in consultation with the Administrator, shall submit
				to Congress a report describing—
							(i)the results of the
				program in terms of observer effectiveness, optimal coverage, environmental
				benefits, and cruise ship cooperation;
							(ii)recommendations
				for increased effectiveness, including increased training needs and increased
				equipment needs; and
							(iii)other
				recommendations for improvement of the program.
							(6)Rewards
						(A)Payments to
				individuals
							(i)In
				generalThe Administrator or a court of competent jurisdiction,
				as the case may be, may order payment, from a civil penalty or criminal fine
				collected for a violation of this subsection, of an amount not to exceed ½ of
				the amount of the civil penalty or criminal fine, to any individual who
				furnishes information that leads to the payment of the civil penalty or
				criminal fine.
							(ii)Multiple
				individualsIf 2 or more individuals provide information
				described in clause (i), the amount available for payment as a reward shall be
				divided equitably among the individuals.
							(iii)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 paragraph.
							(B)Payments to
				Indian tribesThe Administrator or a court of competent
				jurisdiction, as the case may be, may order payment, from a civil penalty or
				criminal fine collected for a violation of this subsection, to an 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.
						(C)Payments divided
				among Indian tribes and individualsIn a case in which an Indian
				tribe and an individual under subparagraph (A) are eligible to receive a reward
				payment under this paragraph, the Administrator or the court shall divide the
				amount available for the reward equitably among those recipients.
						(7)Liability in
				remA cruise vessel operated
				in violation of this subsection or any regulation promulgated under this
				subsection—
						(A)shall be liable in
				rem for any civil penalty or criminal fine imposed for the violation;
				and
						(B)may be subject to a
				proceeding instituted in any United States district court of competent
				jurisdiction.
						(8)Permit
				requirementA cruise vessel
				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 permit under this section.
					(9)Nonapplicability
				of certain provisionsParagraphs (6)(A) and (12)(B) of section
				502 shall not apply to any cruise vessel.
					(10)Statutory or
				common law rights not restrictedNothing in this
				subsection—
						(A)restricts the
				rights of any person (or class of persons) to regulate or seek enforcement or
				other relief (including relief against the Administrator or Commandant) under
				any statute or common law;
						(B)affects the right
				of any person (or class of persons) to regulate or seek enforcement or other
				relief with regard to vessels other than cruise vessels under any statute or
				common law; or
						(C)affects the right
				of any person (or class of persons) under any statute or common law, including
				this Act, to regulate or seek enforcement or other relief with regard to
				pollutants or emission streams from cruise vessels that are not otherwise
				regulated under this subsection.
						(11)Establishment
				of Fund; fees
						(A)Cruise vessel
				pollution control fund
							(i)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 paragraph as the Fund).
							(ii)AmountsThe
				Fund shall consist of such amounts as are deposited in the Fund under
				subparagraph (B)(vi).
							(iii)Availability
				and use of amounts in FundAmounts in the Fund shall be—
								(I)available to the
				Administrator and the Commandant as provided in appropriations Acts; and
								(II)used by the
				Administrator and the Commandant only for purposes of carrying out this
				subsection.
								(B)Fees on cruise
				vessels
							(i)In
				generalThe Commandant and the Administrator shall establish and
				collect from each cruise vessel a reasonable and appropriate fee for each
				paying passenger on a cruise vessel voyage, for use in carrying out this
				subsection.
							(ii)Adjustment of
				fee
								(I)In
				generalThe Commandant and the Administrator shall biennially
				adjust the amount of the fee established under clause (i) to reflect changes in
				the Consumer Price Index for All Urban Consumers published by the Department of
				Labor during the most recent 2-year period for which data are available.
								(II)RoundingThe
				Commandant and the Administrator may round an adjustment under subclause (I) to
				the nearest 1/10 of a dollar.
								(iii)Factors in
				establishing fees
								(I)In
				generalIn establishing fees under clause (i), the Commandant and
				Administrator may establish lower levels of fees and the maximum amount of fees
				for certain classes of cruise vessels based on—
									(aa)size;
									(bb)economic share;
				and
									(cc)such other
				factors as are determined to be appropriate by the Commandant and the
				Administrator.
									(iv)Fee
				schedulesAny fee schedule established under clause (i),
				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 applicable
				considerations.
								(v)Collection of
				feesA fee established under clause (i) shall be collected by the
				Administrator or the Commandant from the owner or operator of each cruise
				vessel to which this subsection applies.
							(vi)Deposits to
				FundNotwithstanding any other provision of law, all fees
				collected under this paragraph, and all penalties and payments collected for
				violations of this subsection, shall be deposited in the Fund.
							(12)Authorization
				of appropriationsThere are authorized to be appropriated to the
				Administrator and the Commandant such sums as are necessary to carry out this
				subsection for each of fiscal years 2010 through
				2014.
					.


114 SRES 415 ATS: Congratulating the 2016 national champions, the Villanova Wildcats, for their win in the 2016 National Collegiate Athletic Association Division I Men's Basketball Tournament.
U.S. Senate
2016-04-06
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.

		III
		114th CONGRESS
		2d Session
		S. RES. 415
		IN THE SENATE OF THE UNITED STATES

			April 6, 2016
			Mr. Casey (for himself and Mr. Toomey) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Congratulating the 2016 national champions, the Villanova Wildcats, for their win in the 2016
			 National Collegiate Athletic Association Division I Men's Basketball
			 Tournament.

 Whereas, on April 4, 2016, the Villanova Wildcats defeated the University of North Carolina Tar Heels by a score of 77 to 74 in the final game of the National Collegiate Athletic Association (referred to in this preamble as the NCAA) Division I Men's Basketball Tournament in Houston, Texas;
 Whereas the Villanova Wildcats hold 2 national men's basketball titles for winning NCAA championships in 1985 and 2016;
 Whereas junior forward Kris Jenkins scored the last-second, game-winning 3-point shot; Whereas the Villanova Wildcats shot 58.2 percent from the field during the tournament, the highest percentage since the 64-team bracket was introduced in 1985;
 Whereas the Villanova Wildcats had the largest margin of victory in any Final Four game, beating the Oklahoma Sooners by 44 points;
 Whereas senior guard Ryan Arcidiacono was named the Most Outstanding Player of the 2016 Final Four, averaging 15.5 points on 73-percent shooting in the 2 final games in Houston and providing the game-winning assist in the championship game;
 Whereas Jay Wright was named the Naismith Coach of the Year for the second time; Whereas during the 2015–2016 season, the Villanova Wildcats finished with a record of 35-5; and
 Whereas Villanova University is committed to the ideal of the student athlete and the education of the athletes of Villanova University, as evidenced by the presence of 5 seniors and 3 juniors on the roster of the Villanova Wildcats: Now, therefore, be it

 That the Senate— (1)congratulates and honors the Villanova University men’s basketball team and its loyal fans on the performance of the team in the 2016 National Collegiate Athletic Association Division I Men's Basketball Tournament; and
 (2)recognizes and commends the hard work, dedication, determination, and commitment to excellence of the players, parents, families, coaches, and managers of the team.