[Congressional Record Volume 155, Number 153 (Wednesday, October 21, 2009)]
[Senate]
[Pages S10637-S10644]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN:
  S. 1820. A bill to amend the Federal Water Pollution Control Act to 
establish national standards for discharges from cruise vessels; to the 
Committee on Commerce, Science, and Transportation.
  Mr. DURBIN. Mr. President, today I am introducing the Clean Cruise 
Ship Act of 2009. This bill would address a serious and growing threat 
to U.S. waters by placing limits on the dumping of wastewater by cruise 
ships. Cruise ships generate millions of gallons of wastewater every 
day--much of it vile sewage. These ships can directly dump their waste 
into the oceans with minimal oversight.
  This bill would require cruise ships to obtain permits through EPA's 
National Pollutant Discharge Elimination System in order to discharge 
sewage, graywater, and bilge water. It also would require cruise ships 
to upgrade their wastewater treatment systems to meet the standards of 
today's best available technology. This technology significantly 
reduces the pollutants that ships discharge and is already being used 
successfully on cruise ships in Alaska, thanks to that state's forward-
thinking regulations.
  The problem is real. The number of cruise ship passengers has been 
growing nearly twice as fast as any other mode of travel. In the U.S. 
alone the numbers are approaching ten million passengers a year, with 
some ships carrying 3,000 or more passengers. These ships produce 
massive amounts of waste: one ship can produce over 200,000 gallons of 
sewage each week; a million gallons of graywater from kitchens, 
laundry, and showers; and over 25,000 gallons of oily bilge water that 
collects in ship bottoms.
  I have nothing against cruise vacations. They can be a wonderful way 
to visit beautiful places. What my bill proposes to do is change the 
way the cruise ships manage the removal of waste. Here is the 
unpleasant reality. Within three miles of shore, vessels can discharge 
human body wastes and other toilet waste provided that a ``marine 
sanitation device'' is installed. The Environmental Protection Agency 
released a report in December of 2008, however, that concluded that 
these systems simply don't work. These sewage treatment devices leave 
discharges that consistently exceed national effluent standards for 
fecal coliform and other pathogens and pollutants. In fact, fecal 
coliform levels in effluent are typically 20 to 200 times greater than 
in untreated domestic wastewater.
  Beyond three miles from shore there are no restrictions on sewage 
discharge. Cruise ships can directly dump raw sewage into U.S. waters.
  The situation with cruise ship graywater also requires attention. 
While cruise ships must obtain permits to discharge graywater within 
three miles of the coast, there is still a pollution issue. Graywater 
from sinks, tubs, and kitchens contains large amounts of pathogens and 
pollutants. Fecal coliform concentrations, for example, are 10 to 1000 
times greater than those in untreated domestic wastewater. These 
pollutants sicken our marine ecosystems, wash up onto our beaches, and 
contaminate food and shellfish that end up on our dinner plates.
  Beyond 3 miles from shore there are no restrictions on graywater 
discharge. Cruise ships can directly dump graywater into U.S. waters.
  Following the lead of Alaska, the Clean Cruise Ship Act seeks to 
address these oversights. No discharges would be allowed within twelve 
miles of shore. Beyond twelve miles, discharges of sewage, graywater, 
and bilge water would be allowed, provided that they meet national 
effluent limits consistent with the best available technology. That 
technology works and is commercially available now. The recent 
Environmental Protection Agency study found that these ``advanced 
wastewater treatment'' systems effectively remove pathogens, suspended 
solids, metals, and oil and grease.
  Under this legislation, the release of raw, untreated sewage would be 
banned. No dumping of sewage sludge and incinerator ash would be 
allowed in U.S. waters. All cruise ships calling on U.S. ports would 
have to dispose of hazardous waste in accordance with the Resource 
Conservation and Recovery Act. The bill would establish inspection and 
enforcement mechanisms to ensure compliance.
  The protection of U.S. waters is vital to our Nation's health and 
economy. The oceans not only support the life of nearly 50 percent of 
all species on Earth, but they also provide 20 percent of the animal 
protein and 5 percent of the total protein in the human diet.
  Some cruise ship companies already are trying to improve their 
environmental footprint. They also want to preserve the environment 
that attracts their passengers. But the efforts between cruise ship 
companies are not uniform. A Federal standard would apply one set of 
requirements to all companies.
  It is time to bring the cruise ship industry into the 21st century. 
It is time to update the laws that protect our oceans, and urge 
adoption of the best available wastewater treatment technology at sea.

[[Page S10638]]

  Working together, we can support the industry while protecting the 
natural treasures that are our oceans. I think the approach taken in 
the Clean Cruise Ship Act will achieve that goal. I encourage my 
colleagues here in the Senate to work with me to pass legislation that 
will put a stop to the dumping of hazardous pollutants along our 
coasts. Together we can clean up this major source of pollution that is 
harming our waters.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1820

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Clean Cruise Ship Act of 
     2009''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress 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) Purpose.--The 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.

     SEC. 3. CRUISE VESSEL DISCHARGES.

       Section 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) Definitions.--In this subsection:
       ``(A) Bilge water.--
       ``(i) In general.--The term `bilge water' means wastewater.
       ``(ii) Inclusions.--The 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) Commandant.--The term `Commandant' means the 
     Commandant of the Coast Guard.
       ``(C) Cruise vessel.--
       ``(i) In general.--The 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) Exclusions.--The 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) Discharge.--The 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 zone.--The 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) Fund.--The term `Fund' means the Cruise Vessel 
     Pollution Control Fund established by paragraph (11)(A)(i).
       ``(G) Garbage.--The 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 general.--The term `graywater' means galley water, 
     dishwasher, and bath, shower, and washbasin water.
       ``(ii) Inclusions.--The 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 waste.--The 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 ash.--The term `incinerator ash' means 
     ash generated during the incineration of solid waste or 
     sewage sludge.
       ``(K) New vessel.--The 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 general.--The term `no-discharge zone' means an 
     area of ecological importance, whether designated by Federal, 
     State, or local authorities.
       ``(ii) Inclusions.--The 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) Passenger.--The 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) Sewage.--The 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 general.--The term `sewage sludge' means any 
     solid, semi-solid, or liquid residue removed during the 
     treatment of on-board sewage.
       ``(ii) Inclusions.--The term `sewage sludge' includes--

[[Page S10639]]

       ``(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) Exclusions.--The term `sewage sludge' does not 
     include--

       ``(I) grit or screenings; or
       ``(II) ash generated during the incineration of sewage 
     sludge.

       ``(P) Trash.--The 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 general.--Except 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-loading.--Sewage 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 general.--Except 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 zones.--Notwithstanding 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 exception.--Subparagraphs (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 general.--If 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) Report.--Not 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 reports.--Upon 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 general.--Not 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) Requirements.--The 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 limits.--The 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 limits.--The 
     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 date.--The 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 general.--The 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 
     vessels.--The 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 requirements.--The 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 disposal.--The 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

[[Page S10640]]

       ``(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) Regulations.--Not 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 general.--The 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 inspections.--If 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) Regulations.--Not 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 logbooks.--The logbook described in 
     subparagraph (C)(ii) shall be submitted to the Administrator 
     and the Commandant.
       ``(5) Cruise observer program.--
       ``(A) In general.--Not 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) Purpose.--The 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) Regulations.--Not 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) Responsibilities.--Cruise 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 evaluation.--The 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 support.--Not 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) Report.--Not 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.--

[[Page S10641]]

       ``(i) In general.--The 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 
     \1/2\ 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 individuals.--If 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 individuals.--No 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 tribes.--The 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 
     individuals.--In 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 rem.--A 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 requirement.--A 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 provisions.--Paragraphs 
     (6)(A) and (12)(B) of section 502 shall not apply to any 
     cruise vessel.
       ``(10) Statutory or common law rights not restricted.--
     Nothing 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) Establishment.--There 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) Amounts.--The Fund shall consist of such amounts as 
     are deposited in the Fund under subparagraph (B)(vi).
       ``(iii) Availability and use of amounts in fund.--Amounts 
     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 general.--The 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 general.--The 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) Rounding.--The 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 general.--In 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 schedules.--Any 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 fees.--A 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.
                                 ______
                                 
      By Mr. KOHL (for himself, Ms. Mikulski, Mr. LeMieux, and Mr. 
        Leahy):
  S. 1821. A bill to protect seniors in the United States from elder 
abuse by establishing specialized elder abuse prosecution and research 
programs and activities to aid victims of elder abuse, to provide 
training to prosecutors and other law enforcement related to elder 
abuse prevention and protection, to establish programs that provide for 
emergency crisis response teams to combat elder abuse, and for other 
purposes; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today I am proud to join Senators Kohl, 
Mikulski, and LeMieux to introduce the Elder Abuse Victims Act of 2009, 
a bill to protect older Americans from abuse and exploitation. It is 
clear that we are not doing enough to combat crime against seniors, and 
the Elder Abuse Victims Act will give us important tools to better 
prevent and punish this deplorable behavior.
  I have long fought to improve and protect the lives of older 
Americans. In 2000, I joined Senator Bayh in sponsoring the Protecting 
Seniors from Fraud Act, which was signed into law nearly nine years ago 
today. A key provision that I worked to incorporate into that 
legislation required the Attorney General to conduct a study of crime 
against seniors and to include specific information about crimes that 
disproportionately affect seniors in the National Crime Victimization 
Survey. The information collected as a result of those provisions has 
been valuable in understanding the scope of crime perpetrated against 
seniors and how best to combat it. In 2003, I sought further 
protections by introducing the Seniors Safety Act. That bill aimed to 
strengthen enforcement of many of the most prevalent crimes perpetrated 
against seniors, including health care fraud, nursing home abuse, 
telemarketing fraud, and pension fraud.
  The Elder Abuse Victims Act builds on these earlier efforts and 
ensures that fighting the abuse and exploitation of our seniors is a 
top law enforcement priority. Specifically, the bill provides grants to 
train prosecutors and establish elder justice units within State and 
local courts and law enforcement offices. It also requires the U.S. 
Department of Justice to further study state and local enforcement of 
elder abuse laws and establish more uniform procedures to improve the 
identification and handling of elder justice matters. Additionally, the 
bill provides funding for elder abuse victims advocacy groups to ensure 
that vulnerable seniors have access to critical support services.
  It is particularly important that we strengthen our ability to 
protect older Americans because they are the most rapidly growing 
population group in our society, making them an ever more attractive 
target for criminals. The Department of Health and Human Services has 
predicted that the number of older Americans will grow from 13 percent 
of the U.S. population in 2000 to 20 percent by 2030. In Vermont, 
seniors comprise about 12 percent of the population, a number that is 
expected to increase to 20 percent by 2025.
  The growing number of older Americans demands that we have enough 
advocacy programs and law enforcement services in place to protect our 
seniors. We all deserve to age with dignity, free of the threat of 
abuse or fraud. The Elder Abuse Victims Act can help by giving our 
justice system the tools it needs to prosecute offenders who prey on 
the elderly. I look forward to working with Senators Kohl, Mikulski, 
LeMieux, and others to better protect seniors from crime and abuse.
                                 ______
                                 
      By Mr. MERKLEY (for himself and Mrs. Boxer):
  S. 1822. A bill to amend the Emergency Economic Stabilization Act of 
2008, with respect to considerations of the Secretary of the Treasury 
in providing assistance under that Act, and for other purposes; to the 
Committee

[[Page S10642]]

on Banking, Housing, and Urban Affairs.
  Mr. MERKLEY. Mr. President, I join today with Senator Boxer of 
California to introduce legislation that will help create jobs by 
getting credit flowing to small businesses and consumers.
  Small businesses employ half of the Nation's workforce and are key to 
creating jobs. Sadly, they have been hit hard by the credit crisis. 
Less than one-third of small businesses report that their credit needs 
are being met today, and 59 percent of them now rely on credit cards to 
finance their daily operations, up from 44 percent at the end of last 
year. We urgently need to speed credit to small businesses so that they 
can create jobs and grow the economy. The best way to do so is through 
the thousands of community banks located across our Nation.
  Community banks are essential to small business lending. Our Nation's 
7,500 community banks of under $1 billion in assets hold 11 percent of 
our Nation's assets, but they make 38 percent of our Nation's small 
business loans by asset. Due to the current economic recession, these 
responsible, well-regulated institutions have seen their capital bases 
shrunk and have been forced to reduce lending, which negatively impacts 
surrounding businesses and communities. These institutions can help us 
turn our economy around if we give them the capital they need to 
increase the flow of credit to small businesses and entrepreneurs.
  The Bank on Our Communities Act will help get capital to community 
banks--on the condition that they restart lending. The bill empowers 
the Secretary of the Treasury to redeploy up to $15 billion in TARP 
into a new Community Credit Renewal Fund. Community banks of $5 billion 
in assets or less can qualify for investment by the Fund if they 
conduct an internal stress test to determine the amount of capital they 
need to remain well-capitalized during adverse economic conditions and 
restart small business and consumer lending and raise at least 50 
percent of that target recapitalization amount from private investors. 
Once in receipt of their new capital, participating banks would be 
required to increase small business and consumer lending by at least 
the amount provided by the Fund and to increase small business lending 
in particular by at least 5 percent over the lowest point in 2009. 
Additional incentives are given to increase lending to credit-worthy 
businesses above the minimum levels required for program participation.
  This bill is common sense legislation with common sense values. It 
will give the folks on Main Street the same access and opportunity as 
those on Wall Street and create much needed jobs in the process. I ask 
that my colleagues join me in the effort to help small businesses 
thrive in our local communities and get our economy back on track.
                                 ______
                                 
      By Ms. COLLINS (for herself, Mr. Lieberman, and Mr. Carper):
  S. 1830. A bill to establish the Chief of Conservation Officers 
Council to improve the energy efficiencies of Federal agencies, and for 
other purposes; to the Committee on Homeland Security and Governmental 
Affairs.

  Ms. COLLINS. Mr. President I rise to introduce a bill that would 
improve the Federal Government's efforts to become more energy 
efficient and ensure accountability within executive branch agencies 
for meeting energy efficiency targets. The legislation would also amend 
Federal contracting rules to encourage energy efficiency across the 
Federal, State, and local governments by making energy-saving 
technologies more widely available and at lower costs to taxpayers. I 
am pleased to be joined by Senators Lieberman and Carper on this 
important bill.
  As the largest institutional user of energy in the world, the Federal 
Government has ample opportunity to implement energy efficiency 
policies and technologies. According to the U.S. Department of Energy's 
Federal Energy Management Program, the Federal Government consumes 1.6 
percent of the Nation's total energy--about $17.5 billion in annual 
energy costs. Electricity at Federal buildings accounts for almost half 
of this usage.
  Improving energy efficiency is not only good for the environment; it 
can also produce savings for taxpayers.
  Agencies that have been more aggressive in implementing energy 
savings initiatives and have fully complied with existing laws and 
regulations have also enjoyed significant cost savings. For example, 
two of the Department of Energy laboratories have developed 
environmental management systems, which have shown a total of $16.6 
million in cost savings and avoidance within a 4-year period. 
Environmental management systems are a strategic approach to ensuring 
that an organization's environmental priorities are integrated into 
operational, planning, and management decisions. The systems these 
laboratories developed emphasized achieving full compliance, pollution 
prevention, and effective and focused communications and community 
outreach.
  Over the last few decades, more than a dozen laws, regulations, and 
Executive Orders have been implemented to encourage energy efficiency 
and reduce environmental impacts of government operations. 
Unfortunately, agencies have been inconsistent and sporadic in meeting 
their environmental goals. The lack of a unified effort and 
accountability with agencies has undermined the good intentions of 
these policies.
  A great variance exists across the government, both in terms of 
compliance with energy efficiency laws and regulations, as well as with 
initiatives individual agencies have developed to reduce energy usage.
  Agencies should explore diverse and innovative ways to save money by 
decreasing energy consumption, as well as have greater incentives to 
undertake initiatives to meet energy reduction mandates.
  The Obama administration issued an Executive Order earlier this 
month, which makes strides in establishing a more integrated strategy 
toward sustainability and energy efficiency.
  This Executive Order, however, does not go far enough in providing 
agency officials with the authority and accountability necessary to 
enforce applicable efficiency mandates. The Executive Order directs 
each agency head to designate an ``Agency Senior Sustainability 
Officer'' from among the agency's senior management officials. This 
position is too similar to the agency environmental executives created 
by Executive Order in 2007, which did very little to improve agencies' 
compliance with applicable laws.
  Our legislation, however, would create a Chief Conservation Officer 
within each agency. The officer would be drawn from career Senior 
Executives. These officers will help spur long-term leadership on this 
issue.
  In contrast to the Executive Order, implementing energy efficiency 
and sustainability policies would also be the primary responsibility of 
this individual. Dedicating a senior-level career official to energy 
efficiency policy would improve the government's focus on 
implementation of existing laws and policies, enhance innovation, and 
help identify future initiatives.
  The Chief Conservation Officer would also be responsible for 
incorporating environmental considerations into agency procurement 
practices. This involvement will encourage efficiency improvements in 
the agency's procurement of goods and services.
  To improve the availability of efficiency technologies and help lower 
their costs, the bill would make several improvements in government 
procurement policies.
  Specifically, the bill would allow state and local government to 
purchase ``green'' commodities and services off the General Services 
Administration Schedule. This procurement authority would help State 
and local governments reduce the administrative costs of negotiating 
their own contracts and would increase competition and lower costs. 
Federal agencies should also reap the benefits of this program as more 
goods and services become available at reduced costs.
  Participation in the program would be voluntary for State and local 
governments, as well as vendors. The proposal would also provide small 
businesses with ``green'' products more efficient access to State and 
local markets, markets that geography and cost might otherwise 
foreclose. For comparison sake, 80 percent of GSA Schedule contracts 
are with small businesses.
  Over the next 5 years, the legislation would also allow agencies to 
enter into power purchase agreements for electricity produced by 
renewable energy

[[Page S10643]]

sources. These agreements could last not more than 20 years and 
agencies would need to assess that the agreement would be cost 
effective before entering into them.
  We know from examples such as the solar power system at Nellis Air 
Force Base what a well-designed public-private partnership can 
accomplish, if executed correctly. This project cost the Air Force less 
than $100,000 in capital costs, yet saved the government more than $1.2 
million in its first year of operation by supplying \1/4\ of the total 
power used at the base, where 12,000 people live and work. 
Additionally, the project is expected to reduce carbon emissions by 
24,000 tons annually.
  Finally, the bill would expand the definition of renewable energy in 
Federal purchase requirements beyond electricity. Under the current 
definition, agencies cannot take advantage of ``green'' technologies 
like geothermal energy because geo-thermal energy is not considered 
electric.
  By promoting accountability for meeting existing energy efficiency 
mandates and by encouraging initiatives to decrease energy usage and 
spur innovation, this bill would help ``green'' our federal operations. 
The associated savings should improve our government's bottom line--to 
the benefit of taxpayers.
                                 ______
                                 
      By Mr. KERRY:
  S. 1831. A bill to amend the Small Business Investment Act of 1958 to 
reauthorize the venture capital program, and for other purposes; to the 
Committee on Small Business and Entrepreneurship.
  Mr. KERRY. Mr. President, our country's small businesses continue to 
struggle with access to credit and capital for maintaining and growing 
their businesses. Small businesses are the engine of our economy and a 
key factor in addressing unemployment. They employ more than half of 
all private sector employees and have generated approximately 64 
percent of the net new jobs over the past 15 years. We should be doing 
more to aid small businesses so they can not only stay on their feet 
but also flourish to their full potential.
  That is why I am reintroducing the Small Business Venture Capital 
Act, which reauthorizes the New Markets Venture Capital Program and 
promotes geographic equity so businesses across the country may benefit 
from the program. This program addresses the market gap in venture 
capital for companies located in low- and moderate-income, rural, and 
urban areas--i.e., high unemployment areas--as well as the need for 
smaller deals that neither traditional venture funds nor the SBIC 
Program will make. It has proven successful so far, and we need more 
community development venture capital to create sustainable, high-
quality, local jobs.
  Without this Government partnership, these investments are not going 
to be done. Particularly at a time when our economy is pressured and 
hurting, when we need to create jobs, I encourage my colleagues to 
support this bill. Last Congress, this bill came out of the Small 
Business Committee in a totally bipartisan fashion and it is my hope 
that this time we complete the process.
                                 ______
                                 
      By Mr. AKAKA (for himself, Ms. Collins, Mr. Levin, Mr. 
        Lautenberg, and Mr. Menendez):
  S. 1834. A bill to amend the Animal Welfare Act to ensure that all 
dogs and cats used by research facilities are obtained legally; to the 
Committee on Agriculture, Nutrition, and Forestry.
  Mr. AKAKA. Mr. President, today I introduce the Pet Safety and 
Protection Act of 2009. The legislation amends the Animal Welfare Act 
to ensure that all companion animals such as dogs and cats used by 
research facilities are obtained legally. I am pleased to be joined by 
a number of my colleagues, serving as cosponsors of the legislation 
including Senator Susan Collins, Senator Frank Lautenberg, Senator Carl 
Levin, and Senator Robert Menendez.
  More than 40 years ago, Congress passed the Animal Welfare Act, AWA, 
to stop the mistreatment of animals and to prevent the unintentional 
sale of family pets for laboratory experiments. While the AWA has 
helped to safeguard animals across the country, we still find that the 
Act does not adequately provide pets and pet owners with reliable 
protection against the action of some unethical Class B dealers. Of the 
eleven Class B dealers licensed by the Department of Agriculture, USDA, 
to sell live dogs and cats for experimentation, one has been issued to 
a 5-year license suspension. and seven others are under investigation 
for apparent violations of the AWA.
  Despite new enforcement guidelines and intensified inspection efforts 
by USDA, it is nearly impossible to assure that stolen or lost pets 
will not enter research laboratories via the Class B dealer system. 
Each year, hundreds of thousands of dollars are spent on regulating 
Class B dealers. Enactment of the Pet Safety and Protection Act helps 
reduce the Department of Agriculture's regulatory burden by allowing 
the Department to use its resources more efficiently and effectively. 
In order to combat any future violations of the AWA, this bill 
increases the penalties under the Act to a minimum of $1,000 per 
violation, in addition to any other existing penalties.
  My legislation promotes humane treatment of animals and preserves the 
integrity of research laboratories to obtain animals from legitimate 
sources, while complying with the AWA. Such legitimate sources include 
USDA-licensed Class A dealers or breeders; municipal pounds that choose 
to release dogs and cats for research purposes; legitimate pet owners 
who want to donate their animals to research; and private and Federal 
facilities that breed their own animals. These four sources are capable 
of supplying millions of animals for research, far more cats and dogs 
than are required by current laboratory demand.
  A May 2009 study conducted by the National Academies, ``Scientific 
and Humane Issues in the Use of Random Source Dogs and Cats in 
Research'' found that while some random-source dogs and cats may be 
necessary and desirable for research that is funded by the National 
Institute of Health, NIH, Class B dealers are not necessary to supply 
such animals for NIH funded research. Further this report makes clear 
that there are sufficient, alternative sources to acquire animals with 
characteristics similar to animals provided by Class B dealers. As 
there are legitimate sources of such animals, the report leave little 
doubt that Class B dealers are no longer necessary.
  In light of this recent report, this bill is an appropriate and 
feasible action, as alternatives to Class B dealers do exist to meet 
research needs. This bill does not address the larger issue of whether 
animals should or should not be used in research facilities. In fact, 
this bill does not impair or impede research. Medical research is one 
of our primary tools in the discovery of new drugs and surgical 
techniques that help develop cures for life-threatening diseases and 
animal research has been, and continues to be, a fundamental part of 
scientific advancements. Instead, this legislation targets the 
unethical practice of selling stolen pets and stray animals to research 
facilities by ending the fraudulent practices of Class B dealers, as 
well as the unnecessary suffering of animals in their care. I urge my 
colleagues to support this important legislation.
  Mr. President, I ask unanimous consent that a letter of support be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                     Animal Welfare Institute,

                                 Washington, DC, October 19, 2009.
     Hon. Daniel Akaka,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Akaka: We want to thank you for reintroducing 
     the Pet Safety and Protection Act. For too long, Class B 
     dealers who sell dogs and cats to research laboratories have 
     flouted the Animal Welfare Act, acquiring animals through 
     theft and fraud, lying about the origins of the animals, and 
     keeping them in inhumane conditions. Despite the hundreds of 
     thousands of tax dollars that the U.S. Department of 
     Agriculture spends trying to regulate Class B dealers, the 
     agency cannot guarantee that dogs and cats are not being 
     illegally acquired for use in experiments.
       A May 2009 report from the National Academy of Sciences 
     supports the position that this bill will not have an adverse 
     impact on the conduct of research. In addressing the question 
     of whether Class B dealers are needed to supply NIH-sponsored 
     research with random source animals, the NAS concluded that 
     they are not. It found that animals with similar qualities 
     are available from alternative sources. ``The Committee 
     therefore determined Class B dealers are not necessary

[[Page S10644]]

     as providers of random source animals for NIH-related 
     research.'' In fact, many researchers do not use Class B 
     dealers to acquire dogs and cats, and it is time for the 
     remainder who do to end their embarrassing association with 
     these habitual violators of the law.
       We are grateful to you for again taking on the important 
     job of ensuring the safety of companion animals. We will do 
     all that we can to achieve passage of this bill. Please 
     contact me at 202-446-2121 or Lauren Silverman at the Humane 
     Society of the U.S. if we can be of further assistance.
           With much appreciation,
                                                       Cathy Liss,
                                                        President.
       On behalf of: American Society for the Prevention of 
     Cruelty to Animals, Animal Welfare Institute, Born Free USA 
     Humane Society of the United States In Defense of Animals, 
     International Fund for Animal Welfare Last Chance for Animals 
     Massachusetts Society for the Prevention of Cruelty to 
     Animals Physicians Committee for Responsible Medicine World 
     Society for the Protection of Animals.

                          ____________________