[Congressional Record Volume 159, Number 107 (Wednesday, July 24, 2013)]
[Senate]
[Pages S5908-S5916]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. BOOZMAN (for himself and Mr. Pryor):
S. 1350. A bill to exclude from gross income compensation provided
for victims of the March 29, 2013, pipeline oil spill in Mayflower,
Arkansas; to the Committee on Finance.
Mr. BOOZMAN. Mr. President, on March 29, 2013, the ExxonMobil
pipeline
[[Page S5909]]
ruptured spilling an estimated 147,000 gallons of oil into Mayflower,
Arkansas. Victims of this oil spill are rightfully being compensated by
ExxonMobil, but the Internal Revenue Service has said that compensatory
payments will be considered taxable income. These families should not
have to pay taxes on this disaster relief assistance. The Mayflower Oil
Spill Tax Relief Act of 2013 prohibits compensation to Mayflower oil
spill victims from being taxed by treating it as ``a qualified disaster
relief payment'' under current law. My colleague Senator Pryor joins me
in introducing this important legislation. I would also like to thank
Representative Tim Griffin for his support and leadership on the House
companion version of the Mayflower Oil Spill Tax Relief Act of 2013.
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. 1350
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 ``Mayflower Oil Spill Tax
Relief Act of 2013''.
SEC. 2. MAYFLOWER, ARKANSAS OIL SPILL COMPENSATION EXCLUDED
FROM GROSS INCOME.
For purposes of the Internal Revenue Code of 1986--
(1) the March 29, 2013, pipeline rupture and oil spill in
Mayflower, Arkansas, shall be treated as a qualified disaster
under section 139(c) of such Code, and
(2) any compensation provided to or for the benefit of a
victim of such disaster shall be treated as a qualified
disaster relief payment under section 139(b) of such Code.
______
By Mr. ROCKEFELLER (for himself and Mr. Thune):
S. 1353. A bill to provide for an ongoing, voluntary public-private
partnership to improve cybersecurity, and to strengthen cybersecurity
research and development, workforce development and education, and
public awareness and preparedness, and for other purposes; to the
Committee on Commerce, Science, and Transportation.
Mr. ROCKEFELLER. Mr. President, the cybersecurity legislation Senator
Thune and I introduce today is built upon several years of bipartisan
hard work on the Senate Commerce, Science, and Transportation
Committee. I am proud of that fact and proud of our work product.
I would like to sincerely thank Senator Thune for working closely
with me on this legislation. Senator Thune appreciates the gravity of
the cybersecurity threat to our national security and our economy--a
genuine threat to the free flow of commerce. He has been laser focused
in finding workable, private sector led solutions to mitigate this
existential threat.
Our bill will go a long way to better secure our nation from ongoing
cyber threats by having the National Institute of Standards and
Technology, NIST, a world-class, non-regulatory agency within the
Department of Commerce--facilitate and support the development of
voluntary, industry-led standards and best practices to reduce cyber
risks to critical infrastructure and all businesses.
Our bill will give NIST the permanent authority it needs to continue
the standards development process initiated by the President's
Executive Order on Improving Critical Infrastructure Cybersecurity to
ensure such efforts remain industry led and voluntary.
It will also make sure that the Federal Government supports cutting
edge research, works to increase public awareness, and improves our
workforce to better address cyber threats.
Our country's future economic success and security demands prompt
attention to the cyber threat. It demands we all pull together to face
the reality of cyber intrusions into every aspect of our nation's
business, our electric grid, our trade secrets, our water supply, and
so much more. The stakes are great. This is about our national
security--3 Directors of National Intelligence have said cyber attacks
are the number 1 national security threat to our country. That is why
we have to find a way to reach a consensus that allows us to
responsibly legislate.
This bill is a very good start. There is a lot more we can and should
do to protect our critical infrastructure, including promoting more
sharing of private sector threat information. I will certainly keep
looking for ways to work with my colleagues to provide this nation with
the tools and resources we need to take on this threat.
Again, I thank Senator Thune for dedicating his time, talent, and
energy to this legislation, and his fine staff.
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. 1353
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Cybersecurity Act of 2013''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. No regulatory authority.
TITLE I--PUBLIC-PRIVATE COLLABORATION ON CYBERSECURITY
Sec. 101. Public-private collaboration on cybersecurity.
TITLE II--CYBERSECURITY RESEARCH AND DEVELOPMENT
Sec. 201. Federal cybersecurity research and development.
Sec. 202. Computer and network security research centers.
TITLE III--EDUCATION AND WORKFORCE DEVELOPMENT.
Sec. 301. Cybersecurity competitions and challenges.
Sec. 302. Federal cyber scholarship-for-service program.
Sec. 303. Study and analysis of education, accreditation, training, and
certification of information infrastructure and
cybersecurity professionals.
TITLE IV--CYBERSECURITY AWARENESS AND PREPAREDNESS
Sec. 401. National cybersecurity awareness and preparedness campaign.
SEC. 2. DEFINITIONS.
In this Act:
(1) Cybersecurity mission.--The term ``cybersecurity
mission'' means activities that encompass the full range of
threat reduction, vulnerability reduction, deterrence,
international engagement, incident response, resiliency, and
recovery policies and activities, including computer network
operations, information assurance, law enforcement,
diplomacy, military, and intelligence missions as such
activities relate to the security and stability of
cyberspace.
(2) Information infrastructure.--The term ``information
infrastructure'' means the underlying framework that
information systems and assets rely on to process, transmit,
receive, or store information electronically, including
programmable electronic devices, communications networks, and
industrial or supervisory control systems and any associated
hardware, software, or data.
(3) Information system.--The term ``information system''
has the meaning given that term in section 3502 of title 44,
United States Code.
SEC. 3. NO REGULATORY AUTHORITY.
Nothing in this Act shall be construed to confer any
regulatory authority on any Federal, State, tribal, or local
department or agency.
TITLE I--PUBLIC-PRIVATE COLLABORATION ON CYBERSECURITY
SEC. 101. PUBLIC-PRIVATE COLLABORATION ON CYBERSECURITY.
(a) Cybersecurity.--Section 2(c) of the National Institute
of Standards and Technology Act (15 U.S.C. 272(c)) is
amended--
(1) by redesignating paragraphs (15) through (22) as
paragraphs (16) through (23), respectively; and
(2) by inserting after paragraph (14) the following:
``(15) on an ongoing basis, facilitate and support the
development of a voluntary, industry-led set of standards,
guidelines, best practices, methodologies, procedures, and
processes to reduce cyber risks to critical infrastructure
(as defined under subsection (e));''.
(b) Scope and Limitations.--Section 2 of the National
Institute of Standards and Technology Act (15 U.S.C. 272) is
amended by adding at the end the following:
``(e) Cyber Risks.--
``(1) In general.--In carrying out the activities under
subsection (c)(15), the Director--
``(A) shall--
``(i) coordinate closely and continuously with relevant
private sector personnel and entities, critical
infrastructure owners and operators, sector coordinating
councils, Information Sharing and Analysis Centers, and other
relevant industry organizations, and incorporate industry
expertise;
``(ii) consult with the heads of agencies with national
security responsibilities, sector-specific agencies, State
and local governments, the governments of other nations, and
international organizations;
``(iii) identify a prioritized, flexible, repeatable,
performance-based, and cost-effective approach, including
information security measures and controls, that may be
voluntarily adopted by owners and operators of
[[Page S5910]]
critical infrastructure to help them identify, assess, and
manage cyber risks;
``(iv) include methodologies--
``(I) to identify and mitigate impacts of the cybersecurity
measures or controls on business confidentiality; and
``(II) to protect individual privacy and civil liberties;
``(v) incorporate voluntary consensus standards and
industry best practices;
``(vi) align with voluntary international standards to the
fullest extent possible;
``(vii) prevent duplication of regulatory processes and
prevent conflict with or superseding of regulatory
requirements, mandatory standards, and related processes; and
``(viii) include such other similar and consistent elements
as the Director considers necessary; and
``(B) shall not prescribe or otherwise require--
``(i) the use of specific solutions;
``(ii) the use of specific information or communications
technology products or services; or
``(iii) that information or communications technology
products or services be designed, developed, or manufactured
in a particular manner.
``(2) Limitation.--Information shared with or provided to
the Institute for the purpose of the activities described
under subsection (c)(15) shall not be used by any Federal,
State, tribal, or local department or agency to regulate the
activity of any entity.
``(3) Definitions.--In this subsection:
``(A) Critical infrastructure.--The term `critical
infrastructure' has the meaning given the term in section
1016(e) of the USA PATRIOT Act of 2001 (42 U.S.C. 5195c(e)).
``(B) Sector-specific agency.--The term `sector-specific
agency' means the Federal department or agency responsible
for providing institutional knowledge and specialized
expertise as well as leading, facilitating, or supporting the
security and resilience programs and associated activities of
its designated critical infrastructure sector in the all-
hazards environment.''.
TITLE II--CYBERSECURITY RESEARCH AND DEVELOPMENT
SEC. 201. FEDERAL CYBERSECURITY RESEARCH AND DEVELOPMENT.
(a) Fundamental Cybersecurity Research.--
(1) In general.--The Director of the Office of Science and
Technology Policy, in coordination with the head of any
relevant Federal agency, shall build upon programs and plans
in effect as of the date of enactment of this Act to develop
a Federal cybersecurity research and development plan to meet
objectives in cybersecurity, such as--
(A) how to design and build complex software-intensive
systems that are secure and reliable when first deployed;
(B) how to test and verify that software and hardware,
whether developed locally or obtained from a third party, is
free of significant known security flaws;
(C) how to test and verify that software and hardware
obtained from a third party correctly implements stated
functionality, and only that functionality;
(D) how to guarantee the privacy of an individual,
including that individual's identity, information, and lawful
transactions when stored in distributed systems or
transmitted over networks;
(E) how to build new protocols to enable the Internet to
have robust security as one of the key capabilities of the
Internet;
(F) how to determine the origin of a message transmitted
over the Internet;
(G) how to support privacy in conjunction with improved
security;
(H) how to address the growing problem of insider threats;
(I) how improved consumer education and digital literacy
initiatives can address human factors that contribute to
cybersecurity;
(J) how to protect information processed, transmitted, or
stored using cloud computing or transmitted through wireless
services; and
(K) any additional objectives the Director of the Office of
Science and Technology Policy, in coordination with the head
of any relevant Federal agency and with input from
stakeholders, including industry and academia, determines
appropriate.
(2) Requirements.--
(A) In general.--The Federal cybersecurity research and
development plan shall identify and prioritize near-term,
mid-term, and long-term research in computer and information
science and engineering to meet the objectives under
paragraph (1), including research in the areas described in
section 4(a)(1) of the Cyber Security Research and
Development Act (15 U.S.C. 7403(a)(1)).
(B) Private sector efforts.--In developing, implementing,
and updating the Federal cybersecurity research and
development plan, the Director of the Office of Science and
Technology Policy shall work in close cooperation with
industry, academia, and other interested stakeholders to
ensure, to the extent possible, that Federal cybersecurity
research and development is not duplicative of private sector
efforts.
(3) Triennial updates.--
(A) In general.--The Federal cybersecurity research and
development plan shall be updated triennially.
(B) Report to congress.--The Director of the Office of
Science and Technology Policy shall submit the plan, not
later than 1 year after the date of enactment of this Act,
and each updated plan under this section to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives.
(b) Cybersecurity Practices Research.--The Director of the
National Science Foundation shall support research that--
(1) develops, evaluates, disseminates, and integrates new
cybersecurity practices and concepts into the core curriculum
of computer science programs and of other programs where
graduates of such programs have a substantial probability of
developing software after graduation, including new practices
and concepts relating to secure coding education and
improvement programs; and
(2) develops new models for professional development of
faculty in cybersecurity education, including secure coding
development.
(c) Cybersecurity Modeling and Test Beds.--
(1) Review.--Not later than 1 year after the date of
enactment of this Act, the Director the National Science
Foundation, in coordination with the Director of the Office
of Science and Technology Policy, shall conduct a review of
cybersecurity test beds in existence on the date of enactment
of this Act to inform the grants under paragraph (2). The
review shall include an assessment of whether a sufficient
number of cybersecurity test beds are available to meet the
research needs under the Federal cybersecurity research and
development plan.
(2) Additional cybersecurity modeling and test beds.--
(A) In general.--If the Director of the National Science
Foundation, after the review under paragraph (1), determines
that the research needs under the Federal cybersecurity
research and development plan require the establishment of
additional cybersecurity test beds, the Director of the
National Science Foundation, in coordination with the
Secretary of Commerce and the Secretary of Homeland Security,
may award grants to institutions of higher education or
research and development non-profit institutions to establish
cybersecurity test beds.
(B) Requirement.--The cybersecurity test beds under
subparagraph (A) shall be sufficiently large in order to
model the scale and complexity of real-time cyber attacks and
defenses on real world networks and environments.
(C) Assessment required.--The Director of the National
Science Foundation, in coordination with the Secretary of
Commerce and the Secretary of Homeland Security, shall
evaluate the effectiveness of any grants awarded under this
subsection in meeting the objectives of the Federal
cybersecurity research and development plan under subsection
(a) no later than 2 years after the review under paragraph
(1) of this subsection, and periodically thereafter.
(d) Coordination With Other Research Initiatives.--In
accordance with the responsibilities under section 101 of the
High-Performance Computing Act of 1991 (15 U.S.C. 5511), the
Director the Office of Science and Technology Policy shall
coordinate, to the extent practicable, Federal research and
development activities under this section with other ongoing
research and development security-related initiatives,
including research being conducted by--
(1) the National Science Foundation;
(2) the National Institute of Standards and Technology;
(3) the Department of Homeland Security;
(4) other Federal agencies;
(5) other Federal and private research laboratories,
research entities, and universities;
(6) institutions of higher education;
(7) relevant nonprofit organizations; and
(8) international partners of the United States.
(e) National Science Foundation Computer and Network
Security Research Grant Areas.--Section 4(a)(1) of the Cyber
Security Research and Development Act (15 U.S.C. 7403(a)(1))
is amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(J) secure fundamental protocols that are integral to
inter-network communications and data exchange;
``(K) secure software engineering and software assurance,
including--
``(i) programming languages and systems that include
fundamental security features;
``(ii) portable or reusable code that remains secure when
deployed in various environments;
``(iii) verification and validation technologies to ensure
that requirements and specifications have been implemented;
and
``(iv) models for comparison and metrics to assure that
required standards have been met;
``(L) holistic system security that--
``(i) addresses the building of secure systems from trusted
and untrusted components;
``(ii) proactively reduces vulnerabilities;
``(iii) addresses insider threats; and
``(iv) supports privacy in conjunction with improved
security;
``(M) monitoring and detection;
``(N) mitigation and rapid recovery methods;
``(O) security of wireless networks and mobile devices; and
``(P) security of cloud infrastructure and services.''.
[[Page S5911]]
(f) Research on the Science of Cybersecurity.--The head of
each agency and department identified under section
101(a)(3)(B) of the High-Performance Computing Act of 1991
(15 U.S.C. 5511(a)(3)(B)), through existing programs and
activities, shall support research that will lead to the
development of a scientific foundation for the field of
cybersecurity, including research that increases
understanding of the underlying principles of securing
complex networked systems, enables repeatable
experimentation, and creates quantifiable security metrics.
SEC. 202. COMPUTER AND NETWORK SECURITY RESEARCH CENTERS.
Section 4(b) of the Cyber Security Research and Development
Act (15 U.S.C. 7403(b)) is amended--
(1) by striking ``the center'' in paragraph (4)(D) and
inserting ``the Center''; and
(2) in paragraph (5)--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D)
and inserting a semicolon; and
(C) by adding at the end the following:
``(E) the demonstrated capability of the applicant to
conduct high performance computation integral to complex
computer and network security research, through on-site or
off-site computing;
``(F) the applicant's affiliation with private sector
entities involved with industrial research described in
subsection (a)(1);
``(G) the capability of the applicant to conduct research
in a secure environment;
``(H) the applicant's affiliation with existing research
programs of the Federal Government;
``(I) the applicant's experience managing public-private
partnerships to transition new technologies into a commercial
setting or the government user community; and
``(J) the capability of the applicant to conduct
interdisciplinary cybersecurity research, such as in law,
economics, or behavioral sciences.''.
TITLE III--EDUCATION AND WORKFORCE DEVELOPMENT.
SEC. 301. CYBERSECURITY COMPETITIONS AND CHALLENGES.
(a) In General.--The Secretary of Commerce, Director of the
National Science Foundation, and Secretary of Homeland
Security shall--
(1) support competitions and challenges under section 105
of the America COMPETES Reauthorization Act of 2010 (124
Stat. 3989) or any other provision of law, as appropriate--
(A) to identify, develop, and recruit talented individuals
to perform duties relating to the security of information
infrastructure in Federal, State, and local government
agencies, and the private sector; or
(B) to stimulate innovation in basic and applied
cybersecurity research, technology development, and prototype
demonstration that has the potential for application to the
information technology activities of the Federal Government;
and
(2) ensure the effective operation of the competitions and
challenges under this section.
(b) Participation.--Participants in the competitions and
challenges under subsection (a)(1) may include--
(1) students enrolled in grades 9 through 12;
(2) students enrolled in a postsecondary program of study
leading to a baccalaureate degree at an institution of higher
education;
(3) students enrolled in a postbaccalaureate program of
study at an institution of higher education;
(4) institutions of higher education and research
institutions;
(5) veterans; and
(6) other groups or individuals that the Secretary of
Commerce, Director of the National Science Foundation, and
Secretary of Homeland Security determine appropriate.
(c) Affiliation and Cooperative Agreements.--Competitions
and challenges under this section may be carried out through
affiliation and cooperative agreements with--
(1) Federal agencies;
(2) regional, State, or school programs supporting the
development of cyber professionals;
(3) State, local, and tribal governments; or
(4) other private sector organizations.
(d) Areas of Skill.--Competitions and challenges under
subsection (a)(1)(A) shall be designed to identify, develop,
and recruit exceptional talent relating to--
(1) ethical hacking;
(2) penetration testing;
(3) vulnerability assessment;
(4) continuity of system operations;
(5) security in design;
(6) cyber forensics;
(7) offensive and defensive cyber operations; and
(8) other areas the Secretary of Commerce, Director of the
National Science Foundation, and Secretary of Homeland
Security consider necessary to fulfill the cybersecurity
mission.
(e) Topics.--In selecting topics for competitions and
challenges under subsection (a)(1), the Secretary of
Commerce, Director of the National Science Foundation, and
Secretary of Homeland Security--
(1) shall consult widely both within and outside the
Federal Government; and
(2) may empanel advisory committees.
(f) Internships.--The Director of the Office of Personnel
Management may support, as appropriate, internships or other
work experience in the Federal Government to the winners of
the competitions and challenges under this section.
SEC. 302. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM.
(a) In General.--The Director of the National Science
Foundation, in coordination with the Director of the Office
of Personnel Management and Secretary of Homeland Security,
shall continue a Federal Cyber Scholarship-for-Service
program to recruit and train the next generation of
information technology professionals, industrial control
system security professionals, and security managers to meet
the needs of the cybersecurity mission for Federal, State,
local, and tribal governments.
(b) Program Description and Components.--The Federal Cyber
Scholarship-for-Service program shall--
(1) provide scholarships to students who are enrolled in
programs of study at institutions of higher education leading
to degrees or specialized program certifications in the
cybersecurity field;
(2) provide the scholarship recipients with summer
internship opportunities or other meaningful temporary
appointments in the Federal information technology workforce;
and
(3) provide a procedure by which the National Science
Foundation or a Federal agency, consistent with regulations
of the Office of Personnel Management, may request and fund
security clearances for scholarship recipients, including
providing for clearances during internships or other
temporary appointments and after receipt of their degrees.
(c) Scholarship Amounts.--Each scholarship under subsection
(b) shall be in an amount that covers the student's tuition
and fees at the institution under subsection (b)(1) and
provides the student with an additional stipend.
(d) Scholarship Conditions.--Each scholarship recipient, as
a condition of receiving a scholarship under the program,
shall enter into an agreement under which the recipient
agrees to work in the cybersecurity mission of a Federal,
State, local, or tribal agency for a period equal to the
length of the scholarship following receipt of the student's
degree.
(e) Hiring Authority.--
(1) Appointment in excepted service.--Notwithstanding any
provision of chapter 33 of title 5, United States Code,
governing appointments in the competitive service, an agency
shall appoint in the excepted service an individual who has
completed the academic program for which a scholarship was
awarded.
(2) Noncompetitive conversion.--Except as provided in
paragraph (4), upon fulfillment of the service term, an
employee appointed under paragraph (1) may be converted
noncompetitively to term, career-conditional or career
appointment.
(3) Timing of conversion.--An agency may noncompetitively
convert a term employee appointed under paragraph (2) to a
career-conditional or career appointment before the term
appointment expires.
(4) Authority to decline conversion.--An agency may decline
to make the noncompetitive conversion or appointment under
paragraph (2) for cause.
(f) Eligibility.--To be eligible to receive a scholarship
under this section, an individual shall--
(1) be a citizen or lawful permanent resident of the United
States;
(2) demonstrate a commitment to a career in improving the
security of information infrastructure; and
(3) have demonstrated a high level of proficiency in
mathematics, engineering, or computer sciences.
(g) Repayment.--If a scholarship recipient does not meet
the terms of the program under this section, the recipient
shall refund the scholarship payments in accordance with
rules established by the Director of the National Science
Foundation, in coordination with the Director of the Office
of Personnel Management and Secretary of Homeland Security.
(h) Evaluation and Report.--The Director of the National
Science Foundation shall evaluate and report periodically to
Congress on the success of recruiting individuals for
scholarships under this section and on hiring and retaining
those individuals in the public sector workforce.
SEC. 303. STUDY AND ANALYSIS OF EDUCATION, ACCREDITATION,
TRAINING, AND CERTIFICATION OF INFORMATION
INFRASTRUCTURE AND CYBERSECURITY PROFESSIONALS.
(a) Study.--The Director of the National Science Foundation
and the Secretary of Homeland Security shall undertake to
enter into appropriate arrangements with the National Academy
of Sciences to conduct a comprehensive study of government,
academic, and private-sector education, accreditation,
training, and certification programs for the development of
professionals in information infrastructure and
cybersecurity. The agreement shall require the National
Academy of Sciences to consult with sector coordinating
councils and relevant governmental agencies, regulatory
entities, and nongovernmental organizations in the course of
the study.
(b) Scope.--The study shall include--
(1) an evaluation of the body of knowledge and various
skills that specific categories of professionals in
information infrastructure and cybersecurity should possess
in order to secure information systems;
[[Page S5912]]
(2) an assessment of whether existing government, academic,
and private-sector education, accreditation, training, and
certification programs provide the body of knowledge and
various skills described in paragraph (1);
(3) an evaluation of--
(A) the state of cybersecurity education at institutions of
higher education in the United States;
(B) the extent of professional development opportunities
for faculty in cybersecurity principles and practices;
(C) the extent of the partnerships and collaborative
cybersecurity curriculum development activities that leverage
industry and government needs, resources, and tools;
(D) the proposed metrics to assess progress toward
improving cybersecurity education; and
(E) the descriptions of the content of cybersecurity
courses in undergraduate computer science curriculum;
(4) an analysis of any barriers to the Federal Government
recruiting and hiring cybersecurity talent, including
barriers relating to compensation, the hiring process, job
classification, and hiring flexibility; and
(5) an analysis of the sources and availability of
cybersecurity talent, a comparison of the skills and
expertise sought by the Federal Government and the private
sector, an examination of the current and future capacity of
United States institutions of higher education, including
community colleges, to provide current and future
cybersecurity professionals, through education and training
activities, with those skills sought by the Federal
Government, State and local entities, and the private sector.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the National Academy of Sciences shall
submit to the President and Congress a report on the results
of the study. The report shall include--
(1) findings regarding the state of information
infrastructure and cybersecurity education, accreditation,
training, and certification programs, including specific
areas of deficiency and demonstrable progress; and
(2) recommendations for further research and the
improvement of information infrastructure and cybersecurity
education, accreditation, training, and certification
programs.
TITLE IV--CYBERSECURITY AWARENESS AND PREPAREDNESS
SEC. 401. NATIONAL CYBERSECURITY AWARENESS AND PREPAREDNESS
CAMPAIGN.
(a) National Cybersecurity Awareness and Preparedness
Campaign.--The Director of the National Institute of
Standards and Technology (referred to in this section as the
``Director''), in consultation with appropriate Federal
agencies, shall continue to coordinate a national
cybersecurity awareness and preparedness campaign, such as--
(1) a campaign to increase public awareness of
cybersecurity, cyber safety, and cyber ethics, including the
use of the Internet, social media, entertainment, and other
media to reach the public;
(2) a campaign to increase the understanding of State and
local governments and private sector entities of--
(A) the benefits of ensuring effective risk management of
the information infrastructure versus the costs of failure to
do so; and
(B) the methods to mitigate and remediate vulnerabilities;
(3) support for formal cybersecurity education programs at
all education levels to prepare skilled cybersecurity and
computer science workers for the private sector and Federal,
State, and local government; and
(4) initiatives to evaluate and forecast future
cybersecurity workforce needs of the Federal government and
develop strategies for recruitment, training, and retention.
(b) Considerations.--In carrying out the authority
described in subsection (a), the Director, in consultation
with appropriate Federal agencies, shall leverage existing
programs designed to inform the public of safety and security
of products or services, including self-certifications and
independently-verified assessments regarding the
quantification and valuation of information security risk.
(c) Strategic Plan.--The Director, in cooperation with
relevant Federal agencies and other stakeholders, shall build
upon programs and plans in effect as of the date of enactment
of this Act to develop and implement a strategic plan to
guide Federal programs and activities in support of the
national cybersecurity awareness and preparedness campaign
under subsection (a).
(d) Report.--Not later than 1 year after the date of
enactment of this Act, and every 5 years thereafter, the
Director shall transmit the strategic plan under subsection
(c) to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives.
______
By Mr. DURBIN:
S. 1359. 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, 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. 1359
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
2013''.
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 natural beauty and health of the ocean and coastal
environment is what draws passengers to travel along these
waterways by ship;
(3) protecting the natural environment is beneficial to
both the environment and to the cruise industry;
(4) the number of cruise passengers continues to grow,
making the cruise industry 1 of the fastest growing tourism
sectors in the world;
(5) in 2010, more than 10,000,000 passengers departed from
North America on thousands of cruise ships;
(6) as of 2010, the average annual growth rate of cruise
passengers is 7.5 percent;
(7) 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;
(8) an average-sized cruise vessel generates millions of
gallons of liquid waste and many tons of solid waste;
(9) in just 1 week, a 3000-passenger cruise ship generates
approximately 200,000 gallons of human sewage, more than
1,000,000 gallons of water from showers and sinks and
dishwashing water (commonly known as ``graywater''), more
than 8 tons of solid waste, and toxic wastes from dry
cleaning and photo-processing laboratories;
(10) 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;
(11) those frequently untreated cruise ship discharges
deliver nutrients, hazardous substances, pharmaceuticals, and
human pathogens, including viruses and bacteria, directly
into the marine environment;
(12) 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'';
(13) 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;
(14) 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'';
(15) the nutrient pollution from human sewage discharges
from cruise ships can contribute to the incidence of harmful
algal blooms;
(16) algal blooms have been implicated in the deaths of
marine life, including the deaths of more than 150 manatees
off the coast of Florida;
(17) 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;
(18) 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;
(19) 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
(20) 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
[[Page S5913]]
(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--
``(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;
[[Page S5914]]
``(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
``(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
[[Page S5915]]
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.--
``(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.
``(vi) Deposits to fund.--Notwithstanding any other
provision of law, all fees collected under this paragraph,
and all penalties and payments collected for violations of
this subsection, shall be deposited in the Fund.
[[Page S5916]]
``(12) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator and the
Commandant such sums as are necessary to carry out this
subsection for each of fiscal years 2010 through 2014.''.
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