“TEXT OF AMENDMENTS” published by Congressional Record on Nov. 20, 2014

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Volume 160, No. 143 covering the 2nd Session of the 113th Congress (2013 - 2014) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S6213-S6218 on Nov. 20, 2014.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 3950. Mr. PORTMAN submitted an amendment intended to be proposed by him to the bill S. 2410, to authorize appropriations for fiscal year 2015 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1069. REPORTS ON IMPLEMENTATION OF NATIONAL RESEARCH

COUNCIL STUDY ON SPECIALIZED DEGREE-GRANTING

GRADUATE PROGRAMS.

(a) Reports.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy and the Secretary of the Air Force shall each submit to the appropriate committees of Congress a report on the implementation by such Secretary of the recommendations in the report of the National Research Council of the National Academy of Sciences entitled ``Review of Specialized Degree-Granting Graduate Programs of the Department of Defense in STEM and Management''.

(b) Matters Relating to Air Force Report.--

(1) Consultation.--In preparing the report required by subsection (a), the Secretary of the Air Force shall consult with the AFIT Foundation.

(2) Certain elements.--The report of the Secretary of the Air Force under subsection (a) addressing recommendation 3-2 in the report of the National Research Council described in that subsection, regarding the chain of command of the Air Force Institute of Technology, shall include the following:

(A) Options for alternative chains of command for the Air Force Institute of Technology, and an identification of the preferred alternative among such options.

(B) An assessment of the effect of the chain of command, as recommended in such recommendation 3-2, on the ability of the Air Force Institute of Technology to support Air Force space, cyberspace, intelligence, and global strike missions, and the nuclear enterprise.

(D) An assessment of the effects of implementation of such recommendation 3-2 on the military and civilian workforces of the Air Force.

(E) Such recommendations for legislative action with respect to implementation of such recommendation 3-2 as the Secretary considers appropriate.

(c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--

(1) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(2) the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives.

______

SA 3951. Mr. PORTMAN submitted an amendment intended to be proposed by him to the bill S. 2410, to authorize appropriations for fiscal year 2015 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title XI, add the following:

SEC. 1105. TEMPORARY AUTHORITIES FOR CERTAIN POSITIONS AT

DEPARTMENT OF DEFENSE RESEARCH AND ENGINEERING

FACILITIES.

Section 1107 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 887; 10 U.S.C. 2358 note) is amended--

(1) in subsection (a), by adding at the end the following new paragraph:

``(3) Students enrolled in scientific and engineering programs.--The director of any STRL may appoint qualified candidates enrolled in a program of undergraduate or graduate instruction leading to a bachelor's or advanced degree in a scientific, technical, engineering, or mathematical course of study at an institution of higher education (as that term is defined in section 102 of the Higher Education Act of 1965

(20 U.S.C. 1002)) to positions described in paragraph (3) of subsection (b) as an employee in a laboratory described in that paragraph without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such title).'';

(2) in subsection (b), by adding at the end the following new paragraph:

``(3) Candidates enrolled in scientific and engineering programs.--The positions described in this paragraph are scientific and engineering positions that may be temporary or term in any laboratory designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 as a Department of Defense science and technology reinvention laboratory.''; and

(3) in subsection (c), by adding at the end the following new paragraph:

``(3) In the case of a laboratory described in subsection

(b)(3), with respect to appointment authority under subsection (a)(3), the number equal to 3 percent of the total number of scientific and engineering positions in such laboratory that are filled as of the close of the fiscal year last ending before the start of such calendar year.''.

______

SA 3952. Mr. PORTMAN submitted an amendment intended to be proposed by him to the bill S. 2410, to authorize appropriations for fiscal year 2015 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1069. REPORT ON REINVESTMENT OF OPERATIONAL COSTS OF THE

JOINT SYSTEMS MANUFACTURING CENTER.

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the analysis, plans, and recommendations of the Army on means by which the operational costs associated with the Joint Systems Manufacturing Center could be equitably applied for long-term sustainability of that facility. The report may include such recommendations for legislative or administrative action as the Secretary considers appropriate to implement any plans and recommendations set forth in the report.

______

SA 3953. Mr. MENENDEZ (for himself and Mr. Booker) submitted an amendment intended to be proposed by him to the bill S. 2410, to authorize appropriations for fiscal year 2015 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title X, add the following:

SEC. 1047. LIMITATION ON DEACTIVATION OR RELOCATION OF

MOBILIZATION-DEMOBILIZATION MISSION AT JOINT

BASE MCGUIRE-DIX-LAKEHURST, NEW JERSEY.

The Secretary of the Army may not deactivate the mobilization-demobilization mission at Joint Base McGuire-Dix-Lakehurst, New Jersey, or relocate such mission to another installation, until 30 days after the date on which the Secretary submits to the congressional defense committees a report setting forth a justification for the deactivation or relocation of such mission, including an assessment of any costs to be incurred, and cost-savings to be achieved, as a result of the deactivation or relocation of such mission.

______

SA 3954. Mr. BROWN (for himself and Mr. Blunt) submitted an amendment intended to be proposed by him to the bill S. 2410, to authorize appropriations for fiscal year 2015 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

SEC. __. PROGRAM TO SUPPORT ESTABLISHMENT OF INSTITUTES FOR

MANUFACTURING INNOVATION.

(a) Establishment of Program.--

(1) Authority.--The Secretary of Defense may establish a program (referred to in this section as the ``Program'') for the purposes set forth in paragraph (2).

(2) Purposes of program.--The purposes of the Program are as follows:

(A) To improve measurably the ability of the United States manufacturing sector and to support military requirements and missions.

(B) To help the United States meet national security needs by minimizing the risk of dependence on foreign sources for critical components.

(C) To stimulate United States leadership in advanced manufacturing research, innovation, and technology that has a strong potential to generate substantial benefits to the United States.

(D) To facilitate the transition of innovative and transformative technologies into scalable, cost-effective, and high-performing manufacturing capabilities.

(E) To facilitate access by manufacturing enterprises to capital-intensive infrastructure, including high-performance computing, in order to improve the speed with which such enterprises commercialize new processes and technologies.

(F) To facilitate the execution of--

(i) joint research and development projects between industry partners; and

(ii) cost-shared research projects between the public and private sector.

(G) To accelerate measurably the development of a skilled defense advanced manufacturing workforce.

(H) To facilitate peer exchange of and the documentation of best practices in addressing advanced manufacturing challenges.

(I) To leverage non-Federal sources of support to promote a stable and sustainable business model without the need for long-term Federal funding.

(3) Support.--If the Secretary establishes the Program, the Secretary shall carry out the purposes set forth in paragraph

(2) by supporting the establishment of one or more institutes for manufacturing innovation.

(4) Metrics.--If the Secretary establishes the Program, the Secretary shall--

(A) develop metrics for each institute for manufacturing innovation supported under the Program to measure achievement of the purposes of the Program; and

(B) implement procedures for evaluation of such institutes based on such metrics.

(b) Institutes for Manufacturing Innovation.--

(1) In general.--For purposes of this section, an

``institute for manufacturing innovation'' is an institute that--

(A) has been established by a person or group of persons to address defense challenges in advanced manufacturing and to assist manufacturers in retaining or expanding industrial production of defense systems in the United States;

(B) has a predominant focus on research and development of manufacturing processes, novel materials, enabling technologies, supply chain integration practices, or such other aspects of advanced manufacturing as the Secretary considers relevant, with the potential--

(i) to ensure domestic sources for critical defense materiel;

(ii) to create or maintain a technical military advantage;

(iii) to improve the competitiveness of United States manufacturing, in support of enhancing the affordability of defense systems;

(iv) to accelerate non-Federal investment in advanced defense manufacturing production capacity in the United States;

(v) to increase measurably the non-Federal investment in advanced manufacturing research; and

(vi) to enable the commercial application of new technologies or industry-wide manufacturing processes so as to improve the affordability of defense systems; and

(C) includes active participation among representatives from multiple industrial entities, research universities, community colleges, and such other entities as the Secretary considers appropriate, which may include industry-led consortia, career and technical education schools, Federal laboratories, State, local, and tribal governments, businesses, educational institutions, and nonprofit organizations.

(2) Activities.--Activities of an institute for manufacturing innovation may include the following:

(A) Research, development, and demonstration projects, including proof-of-concept development and prototyping, to reduce the cost, time, and risk of commercializing new technologies and improvements in existing technologies, processes, products, and research and development of materials to solve pre-competitive industrial problems with economic or national security implications.

(B) Development and implementation of education and training courses, materials, and programs.

(D) Development of innovative methodologies and practices for supply chain integration and introduction of new technologies into supply chains.

(E) Development or updating of industry-led, shared-vision technology roadmaps for the development of technologies underpinning next-generation or transformational innovations, developed in coordination with government organizations.

(F) Outreach and engagement with small- and medium-sized manufacturing enterprises, in addition to large manufacturing enterprises.

(G) Coordinate with the Defense Production Act Committee on defense industrial base matters.

(H) Such other activities as the Secretary, in consultation with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing, considers consistent with the purposes described in subsection (a)(2).

(1) In general.--In carrying out the Program, the Secretary of Defense may provide funding for planning, establishing, or supporting an institute for manufacturing innovation.

(2) Selection.--

(A) Competitive, merit review.--In awarding funding under paragraph (1), the Secretary shall use appropriate, competitive, merit review.

(B) Collaboration.--In awarding funding under paragraph

(1), the Secretary shall collaborate with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing.

(C) Considerations.--In awarding funding to plan, establish, or support an institute for manufacturing innovation, the Secretary shall consider, at a minimum, the following:

(i) The potential of the institute for manufacturing innovation to advance domestic defense manufacturing and the likelihood of military impact in the predominant focus areas of the institute for manufacturing innovation.

(ii) The commitment of continued financial support, advice, participation, and other contributions from non-Federal sources, to provide leverage and resources to promote a stable and sustainable business model without the need for long-term Federal funding.

(iii) Whether the financial support provided to the institute from non-Federal sources significantly outweighs the requested Federal funding.

(iv) How the institute will support core Department of Defense missions and address key technology priorities.

(v) How the institute will increase the non-Federal investment in advanced defense manufacturing research in the United States.

(vi) How the institute will engage with small- and medium-sized manufacturing enterprises, to improve the capacity of such enterprises to commercialize new processes and technologies.

(vii) How the institute will carry out educational and workforce activities that meet industrial needs related to the predominant focus areas of the institute for manufacturing innovation, including activities focused on veterans and military dependents.

(viii) How the institute will advance economic competitiveness both globally and domestically and generate substantial benefits to the United States that extend beyond the direct return to participants in the Program.

(ix) Whether the predominant focus of the institute is a manufacturing process, novel material, enabling technology, supply chain integration methodology, or other relevant aspect of advanced manufacturing that has not already been commercialized, marketed, distributed, or sold by another entity.

(x) How the institute will strengthen and leverage the assets of a region to support military requirements and missions.

(3) Limitations on awards.--

(A) In general.--No funding may be provided under the Program to an institute for manufacturing innovation after the five-year period beginning on the date on which the Secretary first awards funding to an institute under the Program.

(B) Matching funds and weighted preferences.--The total Federal funding awarded to an institute for manufacturing innovation, including funding awarded under the Program, during a five-year period shall not exceed 50 percent of the total funding of the institute during that period.

(d) Additional Authorities.--

(1) Appointment of personnel and contracts.--The Secretary may appoint such personnel and enter into such contracts, funding agreements, and other agreements as the Secretary considers necessary or appropriate to carry out the Program, including support for research and development activities involving an institute for manufacturing innovation.

(2) Acceptance or transfer of funds.--The Secretary may accept from or transfer to other Federal agencies, or State or local governments, such sums as the Secretary considers necessary or appropriate to carry out the Program.

(3) Use of resources.--In furtherance of the purposes of the Program, the Secretary may use, with the consent of a covered entity and with or without reimbursement, the land, services, equipment, personnel, and facilities of such covered entity.

(4) Acceptance of resources.--In addition to amounts appropriated to carry out the Program, the Secretary may accept funds, services, equipment, personnel, and facilities from any covered entity to carry out the Program pursuant to section 2601 of title 10, United States Code.

(5) Covered entity.--For purposes of this subsection, a covered entity is any Federal department, Federal agency, instrumentality of the United States, State, local government, tribal government, Territory or possession of the United States, or of any political subdivision thereof, or international organization, or any public or private entity or individual.

______

SA 3955. Mr. REID (for Ms. Landrieu) submitted an amendment intended to be proposed by Mr. Reid of Nevada to the bill S. 2410, to authorize appropriations for fiscal year 2015 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

SEC. 1087. LOAN GUARANTEES FOR MEDICAL ISOTOPE PRODUCTION.

(a) In General.--Notwithstanding section 1703(a) of the Energy Policy Act of 2005 (42 U.S.C. 16513(a)), any medical isotope production facility used to produce molybdenum-99

(including nuclear reactors that use either high or low enriched uranium, nonreactor, accelerator-driven irradiation facilities, and associated radioisotope processing, waste management, and support facilities) shall be considered to be an advanced nuclear energy facility that is eligible for a guarantee under section 1703 of that Act.

(b) Funding.--The matter under the heading ``Title 17 Innovative Technology Loan Guarantee Program'' in title III of division C of the Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 619) is amended by inserting ``or medical isotope production facilities used to produce molybdenum-99'' after ``nuclear power facilities''.

______

SA 3956. Mr. RUBIO submitted an amendment intended to be proposed by him to the bill S. 2410, to authorize appropriations for fiscal year 2015 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of division C, add the following:

TITLE XXXVI--VESSEL INCIDENTAL DISCHARGE

SEC. 3601. SHORT TITLE.

This title may be cited as the ``Vessel Incidental Discharge Act''.

SEC. 3602. FINDINGS; PURPOSE.

(a) Findings.--Congress makes the following findings:

(1) Beginning with enactment of the Act to Prevent Pollution from Ships in 1980 (22 U.S.C. 1901 et seq.), the United States Coast Guard has been the principal Federal authority charged with administering, enforcing, and prescribing regulations relating to the discharge of pollutants from vessels engaged in maritime commerce and transportation.

(2) The Coast Guard estimates there are approximately 21,560,000 State-registered recreational vessels, 75,000 commercial fishing vessels, and 33,000 freight and tank barges operating in United States waters.

(3) From 1973 to 2005, certain discharges incidental to the normal operation of a vessel were exempted by regulation from otherwise applicable permitting requirements.

(4) Over the 32 years during which this regulatory exemption was in effect, Congress enacted statutes on a number of occasions dealing with the regulation of discharges incidental to the normal operation of a vessel, including--

(A) the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) in 1980;

(B) the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.);

(D) section 415 of the Coast Guard Authorization Act of 1998 (112 Stat. 3434) and section 623 of the Coast Guard and Maritime Transportation Act of 2004 (33 U.S.C. 1901 note), which established interim and permanent requirements, respectively, for the regulation of vessel discharges of certain bulk cargo residue;

(E) title XIV of division B of Appendix D of the Consolidated Appropriations Act, 2001 (114 Stat. 2763), which prohibited or limited certain vessel discharges in certain areas of Alaska;

(F) section 204 of the Maritime Transportation Security Act of 2002 (33 U.S.C. 1902a), which established requirements for the regulation of vessel discharges of agricultural cargo residue material in the form of hold washings; and

(G) title X of the Coast Guard Authorization Act of 2010

(33 U.S.C. 3801 et seq.), which provided for the implementation of the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001.

(b) Purpose.--The purpose of this title is to provide for the establishment of nationally uniform and environmentally sound standards and requirements for the management of discharges incidental to the normal operation of a vessel.

SEC. 3603. DEFINITIONS.

In this title:

(1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency.

(2) Aquatic nuisance species.--The term ``aquatic nuisance species'' means a nonindigenous species (including a pathogen) that threatens the diversity or abundance of native species or the ecological stability of navigable waters or commercial, agricultural, aquacultural, or recreational activities dependent on such waters.

(3) Ballast water.--

(A) In general.--The term ``ballast water'' means any water, including any sediment suspended in such water, taken aboard a vessel--

(i) to control trim, list, draught, stability, or stresses of the vessel; or

(ii) during the cleaning, maintenance, or other operation of a ballast water treatment technology of the vessel.

(B) Exclusions.--The term ``ballast water'' does not include any pollutant that is added to water described in subparagraph (A) that is not directly related to the operation of a properly functioning ballast water treatment technology under this title.

(4) Ballast water performance standard.--The term ``ballast water performance standard'' means the numerical ballast water discharge standard set forth in section 151.2030 of title 33, Code of Federal Regulations or section 151.1511 of title 33, Code of Federal Regulations, as applicable, or a revised numerical ballast water performance standard established under subsection (a)(1)(B), (b), or (c) of section 3605.

(5) Ballast water treatment technology or treatment technology.--The term ``ballast water treatment technology'' or ``treatment technology'' means any mechanical, physical, chemical, or biological process used, alone or in combination, to remove, render harmless, or avoid the uptake or discharge of aquatic nuisance species within ballast water.

(6) Biocide.--The term ``biocide'' means a substance or organism, including a virus or fungus, that is introduced into or produced by a ballast water treatment technology to reduce or eliminate aquatic nuisance species as part of the process used to comply with a ballast water performance standard under this title.

(7) Discharge incidental to the normal operation of a vessel.--

(A) In general.--The term ``discharge incidental to the normal operation of a vessel'' means--

(i) a discharge into navigable waters from a vessel of--

(I)(aa) ballast water, graywater, bilge water, cooling water, oil water separator effluent, anti-fouling hull coating leachate, boiler or economizer blowdown, byproducts from cathodic protection, controllable pitch propeller and thruster hydraulic fluid, distillation and reverse osmosis brine, elevator pit effluent, firemain system effluent, freshwater layup effluent, gas turbine wash water, motor gasoline and compensating effluent, refrigeration and air condensate effluent, seawater pumping biofouling prevention substances, boat engine wet exhaust, sonar dome effluent, exhaust gas scrubber washwater, or stern tube packing gland effluent; or

(bb) any other pollutant associated with the operation of a marine propulsion system, shipboard maneuvering system, habitability system, or installed major equipment, or from a protective, preservative, or absorptive application to the hull of a vessel;

(II) weather deck runoff, deck wash, aqueous film forming foam effluent, chain locker effluent, non-oily machinery wastewater, underwater ship husbandry effluent, welldeck effluent, or fish hold and fish hold cleaning effluent; or

(III) any effluent from a properly functioning marine engine; or

(ii) a discharge of a pollutant into navigable waters in connection with the testing, maintenance, or repair of a system, equipment, or engine described in subclause (I)(bb) or (III) of clause (i) whenever the vessel is waterborne.

(B) Exclusions.--The term ``discharge incidental to the normal operation of a vessel'' does not include--

(i) a discharge into navigable waters from a vessel of--

(I) rubbish, trash, garbage, incinerator ash, or other such material discharged overboard;

(II) oil or a hazardous substance as those terms are defined in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321);

(III) sewage as defined in section 312(a)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1322(a)(6)); or

(IV) graywater referred to in section 312(a)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1322(a)(6));

(ii) an emission of an air pollutant resulting from the operation onboard a vessel of a vessel propulsion system, motor driven equipment, or incinerator; or

(iii) a discharge into navigable waters from a vessel when the vessel is operating in a capacity other than as a means of transportation on water.

(8) Geographically limited area.--The term ``geographically limited area'' means an area--

(A) with a physical limitation, including limitation by physical size and limitation by authorized route, that prevents a vessel from operating outside the area, as determined by the Secretary; or

(B) that is ecologically homogeneous, as determined by the Secretary, in consultation with the heads of other Federal departments or agencies as the Secretary considers appropriate.

(9) Manufacturer.--The term ``manufacturer'' means a person engaged in the manufacture, assemblage, or importation of ballast water treatment technology.

(10) Secretary.--The term ``Secretary'' means the Secretary of the department in which the Coast Guard is operating.

(11) Vessel.--The term ``vessel'' means every description of watercraft or other artificial contrivance used, or practically or otherwise capable of being used, as a means of transportation on water.

SEC. 3604. REGULATION AND ENFORCEMENT.

(a) In General.--The Secretary, in consultation with the Administrator, shall establish and implement enforceable uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel. The standards and requirements shall--

(1) be based upon the best available technology economically achievable; and

(2) supersede any permitting requirement or prohibition on discharges incidental to the normal operation of a vessel under any other provision of law.

(b) Administration and Enforcement.--The Secretary shall administer and enforce the uniform national standards and requirements under this title. Each State may enforce the uniform national standards and requirements under this title. SEC. 3605. UNIFORM NATIONAL STANDARDS AND REQUIREMENTS FOR

THE REGULATION OF DISCHARGES INCIDENTAL TO THE

NORMAL OPERATION OF A VESSEL.

(a) Requirements.--

(1) Ballast water management requirements.--

(A) In general.--Notwithstanding any other provision of law, the requirements set forth in the final rule, Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters (77 Fed. Reg. 17254 (March 23, 2012), as corrected at 77 Fed. Reg. 33969 (June 8, 2012)), shall be the management requirements for a ballast water discharge incidental to the normal operation of a vessel until the Secretary revises the ballast water performance standard under subsection (b) or adopts a more stringent State standard under subparagraph (B) of this paragraph.

(B) Adoption of more stringent state standard.--If the Secretary makes a determination in favor of a State petition under section 3610, the Secretary shall adopt the more stringent ballast water performance standard specified in the statute or regulation that is the subject of that State petition in lieu of the ballast water performance standard in the final rule described under subparagraph (A).

(2) Initial management requirements for discharges other than ballast water.--Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Administrator, shall issue a final rule establishing best management practices for discharges incidental to the normal operation of a vessel other than ballast water.

(b) Revised Ballast Water Performance Standard; 8-Year Review.--

(1) In general.--Subject to the feasibility review under paragraph (2), not later than January 1, 2022, the Secretary, in consultation with the Administrator, shall issue a final rule revising the ballast water performance standard under subsection (a)(1) so that a ballast water discharge incidental to the normal operation of a vessel will contain--

(A) less than 1 living organism per 10 cubic meters that is 50 or more micrometers in minimum dimension;

(B) less than 1 living organism per 10 milliliters that is less than 50 micrometers in minimum dimension and more than 10 micrometers in minimum dimension;

(i) 1 colony-forming unit of toxicogenic Vibrio cholera

(serotypes O1 and O139) per 100 milliliters or less than 1 colony-forming unit of that microbe per gram of wet weight of zoological samples;

(ii) 126 colony-forming units of escherichia coli per 100 milliliters; and

(iii) 33 colony-forming units of intestinal enterococci per 100 milliliters; and

(D) concentrations of such additional indicator microbes and of viruses as may be specified in regulations issued by the Secretary in consultation with the Administrator and such other Federal agencies as the Secretary and the Administrator consider appropriate.

(2) Feasibility review.--

(A) In general.--Not less than 2 years before January 1, 2022, the Secretary, in consultation with the Administrator, shall complete a review to determine the feasibility of achieving the revised ballast water performance standard under paragraph (1).

(B) Criteria for review of ballast water performance standard.--In conducting a review under subparagraph (A), the Secretary shall consider whether revising the ballast water performance standard will result in a scientifically demonstrable and substantial reduction in the risk of introduction or establishment of aquatic nuisance species, taking into account--

(i) improvements in the scientific understanding of biological and ecological processes that lead to the introduction or establishment of aquatic nuisance species;

(ii) improvements in ballast water treatment technology, including--

(I) the capability of such treatment technology to achieve a revised ballast water performance standard;

(II) the effectiveness and reliability of such treatment technology in the shipboard environment;

(III) the compatibility of such treatment technology with the design and operation of a vessel by class, type, and size;

(IV) the commercial availability of such treatment technology; and

(V) the safety of such treatment technology;

(iii) improvements in the capabilities to detect, quantify, and assess the viability of aquatic nuisance species at the concentrations under consideration;

(iv) the impact of ballast water treatment technology on water quality; and

(v) the costs, cost-effectiveness, and impacts of--

(I) a revised ballast water performance standard, including the potential impacts on shipping, trade, and other uses of the aquatic environment; and

(II) maintaining the existing ballast water performance standard, including the potential impacts on water-related infrastructure, recreation, propagation of native fish, shellfish, and wildlife, and other uses of navigable waters.

(i) In general.--If the Secretary, in consultation with the Administrator, determines on the basis of the feasibility review and after an opportunity for a public hearing that no ballast water treatment technology can be certified under section 3606 to comply with the revised ballast water performance standard under paragraph (1), the Secretary shall require the use of the treatment technology that achieves the performance levels of the best treatment technology available.

(ii) Implementation deadline.--If the Secretary, in consultation with the Administrator, determines that the treatment technology under clause (i) cannot be implemented before the implementation deadline under paragraph (3) with respect to a class of vessels, the Secretary shall extend the implementation deadline for that class of vessels for not more than 36 months.

(iii) Compliance.--If the implementation deadline under paragraph (3) is extended, the Secretary shall recommend action to ensure compliance with the extended implementation deadline under clause (ii).

(D) Higher revised performance standard.--

(i) In general.--If the Secretary, in consultation with the Administrator, determines that ballast water treatment technology exists that exceeds the revised ballast water performance standard under paragraph (1) with respect to a class of vessels, the Secretary shall revise the ballast water performance standard for that class of vessels to incorporate the higher performance standard.

(ii) Implementation deadline.--If the Secretary, in consultation with the Administrator, determines that the treatment technology under clause (i) can be implemented before the implementation deadline under paragraph (3) with respect to a class of vessels, the Secretary shall accelerate the implementation deadline for that class of vessels. If the implementation deadline under paragraph (3) is accelerated, the Secretary shall provide not less than 24 months notice before the accelerated deadline takes effect.

(3) Implementation deadline.--The revised ballast water performance standard under paragraph (1) shall apply to a vessel beginning on the date of the first drydocking of the vessel on or after January 1, 2022, but not later than December 31, 2024.

(4) Revised performance standard compliance deadlines.--

(A) In general.--The Secretary may establish a compliance deadline for compliance by a vessel (or a class, type, or size of vessel) with a revised ballast water performance standard under this subsection.

(B) Process for granting extensions.--In issuing regulations under this subsection, the Secretary shall establish a process for an owner or operator to submit a petition to the Secretary for an extension of a compliance deadline with respect to the vessel of the owner or operator.

(i) apply for a period of not to exceed 18 months from the date of the applicable deadline under subparagraph (A); and

(ii) be renewable for an additional period of not to exceed 18 months.

(D) Factors.--In issuing a compliance deadline or reviewing a petition under this paragraph, the Secretary shall consider, with respect to the ability of an owner or operator to meet a compliance deadline, the following factors:

(i) Whether the treatment technology to be installed is available in sufficient quantities to meet the compliance deadline.

(ii) Whether there is sufficient shipyard or other installation facility capacity.

(iii) Whether there is sufficient availability of engineering and design resources.

(iv) Vessel characteristics, such as engine room size, layout, or a lack of installed piping.

(v) Electric power generating capacity aboard the vessel.

(vi) Safety of the vessel and crew.

(E) Consideration of petitions.--

(i) Determinations.--The Secretary shall approve or deny a petition for an extension of a compliance deadline submitted by an owner or operator under this paragraph.

(ii) Deadline.--If the Secretary does not approve or deny a petition referred to in clause (i) on or before the last day of the 90-day period beginning on the date of submission of the petition, the petition shall be deemed approved.

(1) Revised ballast water performance standards.--The Secretary, in consultation with the Administrator, shall complete a review, 10 years after the issuance of a final rule under subsection (b) and every 10 years thereafter, to determine whether further revision of the ballast water performance standard would result in a scientifically demonstrable and substantial reduction in the risk of the introduction or establishment of aquatic nuisance species.

(2) Revised standards for discharges other than ballast water.--The Secretary, in consultation with the Administrator, may include in a decennial review under this subsection best management practices for discharges covered by subsection (a)(2). The Secretary shall initiate a rulemaking to revise 1 or more best management practices for such discharges after a decennial review if the Secretary, in consultation with the Administrator, determines that revising 1 or more of such practices would substantially reduce the impacts on navigable waters of discharges incidental to the normal operation of a vessel other than ballast water.

(3) Considerations.--In conducting a review under paragraph

(1), the Secretary, the Administrator, and the heads of other appropriate Federal agencies as determined by the Secretary, shall consider the criteria under section 3605(b)(2)(B).

(4) Revision after decennial review.--The Secretary shall initiate a rulemaking to revise the current ballast water performance standard after a decennial review if the Secretary, in consultation with the Administrator, determines that revising the current ballast water performance standard would result in a scientifically demonstrable and substantial reduction in the risk of the introduction or establishment of aquatic nuisance species.

SEC. 3606. TREATMENT TECHNOLOGY CERTIFICATION.

(a) Certification Required.--Beginning 60 days after the date that the requirements for testing protocols are issued under subsection (i), no manufacturer of a ballast water treatment technology shall sell, offer for sale, or introduce or deliver for introduction into interstate commerce, or import into the United States for sale or resale, a ballast water treatment technology for a vessel unless the treatment technology has been certified under this section.

(b) Certification Process.--

(1) Evaluation.--Upon application of a manufacturer, the Secretary shall evaluate a ballast water treatment technology with respect to--

(A) the effectiveness of the treatment technology in achieving the current ballast water performance standard when installed on a vessel (or a class, type, or size of vessel);

(B) the compatibility with vessel design and operations;

(D) the impact on the environment;

(E) the cost effectiveness; and

(F) any other criteria the Secretary considers appropriate.

(2) Approval.--If after an evaluation under paragraph (1) the Secretary determines that the treatment technology meets the criteria, the Secretary may certify the treatment technology for use on a vessel (or a class, type, or size of vessel).

(3) Suspension and revocation.--The Secretary shall establish, by regulation, a process to suspend or revoke a certification issued under this section.

(1) Imposition of conditions.--In certifying a ballast water treatment technology under this section, the Secretary, in consultation with the Administrator, may impose any condition on the subsequent installation, use, or maintenance of the treatment technology onboard a vessel as is necessary for--

(A) the safety of the vessel, the crew of the vessel, and any passengers aboard the vessel;

(B) the protection of the environment; or

(2) Failure to comply.--The failure of an owner or operator to comply with a condition imposed under paragraph (1) shall be considered a violation of this section.

(d) Period for Use of Installed Treatment Equipment.--Notwithstanding anything to the contrary in this title or any other provision of law, the Secretary shall allow a vessel on which a system is installed and operated to meet a ballast water performance standard under this title to continue to use that system, notwithstanding any revision of a ballast water performance standard occurring after the system is ordered or installed until the expiration of the service life of the system, as determined by the Secretary, so long as the system--

(1) is maintained in proper working condition; and

(2) is maintained and used in accordance with the manufacturer's specifications and any treatment technology certification conditions imposed by the Secretary under this section.

(e) Certificates of Type Approval for the Treatment Technology.--

(1) Issuance.--If the Secretary approves a ballast water treatment technology for certification under subsection (b), the Secretary shall issue a certificate of type approval for the treatment technology to the manufacturer in such form and manner as the Secretary determines appropriate.

(2) Certification conditions.--A certificate of type approval issued under paragraph (1) shall specify each condition imposed by the Secretary under subsection (c).

(3) Owners and operators.--A manufacturer that receives a certificate of type approval for the treatment technology under this subsection shall provide a copy of the certificate to each owner and operator of a vessel on which the treatment technology is installed.

(f) Inspections.--An owner or operator who receives a copy of a certificate under subsection (e)(3) shall retain a copy of the certificate onboard the vessel and make the copy of the certificate available for inspection at all times while the owner or operator is utilizing the treatment technology.

(g) Biocides.--The Secretary may not approve a ballast water treatment technology under subsection (b) if--

(1) it uses a biocide or generates a biocide that is a pesticide, as defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136), unless the biocide is registered under that Act or the Secretary, in consultation with Administrator, has approved the use of the biocide in such treatment technology; or

(2) it uses or generates a biocide the discharge of which causes or contributes to a violation of a water quality standard under section 303 of the Federal Water Pollution Control Act (33 U.S.C. 1313).

(h) Prohibition.--

(1) In general.--Except as provided in paragraph (2), the use of a ballast water treatment technology by an owner or operator of a vessel shall not satisfy the requirements of this title unless it has been approved by the Secretary under subsection (b).

(2) Exceptions.--

(A) Coast guard shipboard technology evaluation program.--An owner or operator may use a ballast water treatment technology that has not been certified by the Secretary to comply with the requirements of this section if the technology is being evaluated under the Coast Guard Shipboard Technology Evaluation Program.

(B) Ballast water treatment technologies certified by foreign entities.--An owner or operator may use a ballast water treatment technology that has not been certified by the Secretary to comply with the requirements of this section if the technology has been certified by a foreign entity and the certification demonstrates performance and safety of the treatment technology equivalent to the requirements of this section, as determined by the Secretary.

(i) Testing Protocols.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall issue requirements for land-based and shipboard testing protocols or criteria for--

(1) certifying the performance of each ballast water treatment technology under this section; and

(2) certifying laboratories to evaluate such treatment technologies.

SEC. 3607. EXEMPTIONS.

(a) In General.--No permit shall be required or prohibition enforced under any other provision of law for, nor shall any standards regarding a discharge incidental to the normal operation of a vessel under this title apply to--

(1) a discharge incidental to the normal operation of a vessel if the vessel is less than 79 feet in length and engaged in commercial service (as defined in section 2101(5) of title 46, United States Code);

(2) a discharge incidental to the normal operation of a vessel if the vessel is a fishing vessel, including a fish processing vessel and a fish tender vessel, (as defined in section 2101 of title 46, United States Code);

(3) a discharge incidental to the normal operation of a vessel if the vessel is a recreational vessel (as defined in section 2101(25) of title 46, United States Code);

(4) the placement, release, or discharge of equipment, devices, or other material from a vessel for the sole purpose of conducting research on the aquatic environment or its natural resources in accordance with generally recognized scientific methods, principles, or techniques;

(5) any discharge into navigable waters from a vessel authorized by an on-scene coordinator in accordance with part 300 of title 40, Code of Federal Regulations, or part 153 of title 33, Code of Federal Regulations;

(6) any discharge into navigable waters from a vessel that is necessary to secure the safety of the vessel or human life, or to suppress a fire onboard the vessel or at a shoreside facility; or

(7) a sovereign immune vessel of a foreign nation

(including a time-chartered or voyage-chartered vessel) when engaged in noncommercial service.

(b) Ballast Water Discharges.--No permit shall be required or prohibition enforced under any other provision of law for, nor shall any ballast water performance standards under this title apply to--

(1) a ballast water discharge incidental to the normal operation of a vessel determined by the Secretary to--

(A) operate exclusively within a geographically limited area;

(B) take up and discharge ballast water exclusively within 1 Captain of the Port Zone established by the Coast Guard unless the Secretary determines such discharge poses a substantial risk of introduction or establishment of an aquatic nuisance species;

(C) operate pursuant to a geographic restriction issued as a condition under section 3309 of title 46, United States Code, or an equivalent restriction issued by the country of registration of the vessel; or

(D) continuously take on and discharge ballast water in a flow-through system that does not introduce aquatic nuisance species into navigable waters;

(2) a ballast water discharge incidental to the normal operation of a vessel consisting entirely of water suitable for human consumption; or

(3) a ballast water discharge incidental to the normal operation of a vessel in an alternative compliance program established pursuant to section 3608.

(c) Vessels With Permanent Ballast Water.--No permit shall be required or prohibition enforced under any other provision of law for, nor shall any ballast water performance standard under this title apply to, a vessel that carries all of its permanent ballast water in sealed tanks that are not subject to discharge.

(d) Vessels of the Armed Forces.--Nothing in this title shall be construed to apply to--

(1) a vessel owned or operated by the Department of Defense

(other than a time-chartered or voyage-chartered vessel); or

(2) a vessel of the Coast Guard, as designated by the Secretary of the department in which the Coast Guard is operating.

SEC. 3608. ALTERNATIVE COMPLIANCE PROGRAM.

(a) In General.--The Secretary, in consultation with the Administrator, may promulgate regulations establishing 1 or more compliance programs as an alternative to ballast water management regulations issued under section 3605 for a vessel that--

(1) has a maximum ballast water capacity of less than 8 cubic meters;

(2) is less than 3 years from the end of the useful life of the vessel, as determined by the Secretary; or

(3) discharges ballast water into a facility for the reception of ballast water that meets standards promulgated by the Administrator, in consultation with the Secretary.

(b) Promulgation of Facility Standards.--Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall promulgate standards for--

(1) the reception of ballast water from a vessel into a reception facility; and

(2) the disposal or treatment of the ballast water under paragraph (1).

SEC. 3609. JUDICIAL REVIEW.

(a) In General.--An interested person may file a petition for review of a final regulation promulgated under this title in the United States Court of Appeals for the District of Columbia Circuit.

(b) Deadline.--A petition shall be filed not later than 120 days after the date that notice of the promulgation appears in the Federal Register.

(c) Exception.--Notwithstanding subsection (b), a petition that is based solely on grounds that arise after the deadline to file a petition under subsection (b) has passed may be filed not later than 120 days after the date that the grounds first arise.

SEC. 3610. EFFECT ON STATE AUTHORITY.

(a) In General.--No State or political subdivision thereof may adopt or enforce any statute or regulation of the State or political subdivision with respect to a discharge incidental to the normal operation of a vessel after the date of enactment of this Act.

(b) Savings Clause.--Notwithstanding subsection (a), a State or political subdivision thereof may enforce a statute or regulation of the State or political subdivision with respect to ballast water discharges incidental to the normal operation of a vessel that specifies a ballast water performance standard that is more stringent than the ballast water performance standard under section 3605(a)(1)(A) and is in effect on the date of enactment of this Act if the Secretary, after consultation with the Administrator and any other Federal department or agency the Secretary considers appropriate, makes a determination that--

(1) compliance with any performance standard specified in the statute or regulation can in fact be achieved and detected;

(2) the technology and systems necessary to comply with the statute or regulation are commercially available; and

(3) the statute or regulation is consistent with obligations under relevant international treaties or agreements to which the United States is a party.

(1) Submission.--The Governor of a State seeking to enforce a statute or regulation under subsection (b) shall submit a petition requesting the Secretary to review the statute or regulation.

(2) Contents; deadline.--A petition shall--

(A) be accompanied by the scientific and technical information on which the petition is based; and

(B) be submitted to the Secretary not later than 90 days after the date of enactment of this Act.

(3) Determinations.--The Secretary shall make a determination on a petition under this subsection not later than 90 days after the date that the petition is received.

SEC. 3611. APPLICATION WITH OTHER STATUTES.

Notwithstanding any other provision of law, this title shall be the exclusive statutory authority for regulation by the Federal Government of discharges incidental to the normal operation of a vessel to which this title applies. Except as provided under section 3605(a)(1)(A), any regulation in effect on the date immediately preceding the effective date of this Act relating to any permitting requirement for or prohibition on discharges incidental to the normal operation of a vessel to which this title applies shall be deemed to be a regulation issued pursuant to the authority of this title and shall remain in full force and effect unless or until superseded by new regulations issued hereunder.

______

SA 3957. Mr. REID (for Mr. Harkin) proposed an amendment to the bill H.R. 669, to improve the health of children and help better understand and enhance awareness about unexpected sudden death in early life; as follows:

Amend the title so as to read: ``A bill to improve the health of children and help better understand and enhance awareness about unexpected sudden death in early life.''.

______

SA 3958. Mr. REID (for Mr. Harkin) proposed an amendment to the bill H.R. 669, to improve the health of children and help better understand and enhance awareness about unexpected sudden death in early life; as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Sudden Unexpected Death Data Enhancement and Awareness Act''.

SEC. 2. CONTINUING ACTIVITIES RELATED TO STILLBIRTH, SUDDEN

UNEXPECTED INFANT DEATH AND SUDDEN UNEXPLAINED

DEATH IN CHILDHOOD.

(a) In General.--The Secretary of Health and Human Services shall continue activities related to still birth, sudden unexpected infant death, and sudden unexplained death in childhood, including, as appropriate--

(1) collecting information, such as socio-demographic, death scene investigation, clinical history, and autopsy information, on stillbirth, sudden unexpected infant death, and sudden unexplained death in childhood through the utilization of existing surveillance systems and collaborating with States to improve the quality, consistency, and collection of such data;

(2) disseminating information to educate the public, health care providers, and other stakeholders on stillbirth, sudden unexpected infant death and sudden unexplained death in childhood; and

(3) collaborating with the Attorney General, State and local departments of health, and other experts, as appropriate, to provide consistent information for medical examiners and coroners, law enforcement personnel, and health care providers related to death scene investigations and autopsies for sudden unexpected infant death and sudden unexplained death in childhood, in order to improve the quality and consistency of the data collected at such death scenes and to promote consistent reporting on the cause of death after autopsy to inform prevention, intervention, and other activities.

(b) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report that includes a description of any activities that are being carried out by agencies within the Department of Health and Human Services, including the Centers for Disease Control and Prevention and the National Institutes of Health, related to stillbirth, sudden unexpected infant death, and sudden unexplained death in childhood, including those activities identified under subsection (a).

SEC. 3. NO ADDITIONAL APPROPRIATIONS.

This Act shall not be construed to increase the amount of appropriations that are authorized to be appropriated for any fiscal year.

____________________

SOURCE: Congressional Record Vol. 160, No. 143

“TEXT OF AMENDMENTS” published by Congressional Record on Nov. 20, 2014

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