[Congressional Record Volume 160, Number 143 (Thursday, November 20, 2014)]
[Senate]
[Pages S6213-S6218]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           TEXT OF AMENDMENTS

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

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

     SEC. 1069. REPORTS ON IMPLEMENTATION OF NATIONAL RESEARCH 
                   COUNCIL STUDY ON SPECIALIZED DEGREE-GRANTING 
                   GRADUATE PROGRAMS.

       (a) Reports.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of the Navy and the 
     Secretary of the Air Force shall each submit to the 
     appropriate committees of Congress a report on the 
     implementation by such Secretary of the recommendations in 
     the report of the National Research Council of the National 
     Academy of Sciences entitled ``Review of Specialized Degree-
     Granting Graduate Programs of the Department of Defense in 
     STEM and Management''.
       (b) Matters Relating to Air Force Report.--
       (1) Consultation.--In preparing the report required by 
     subsection (a), the Secretary of the Air Force shall consult 
     with the AFIT Foundation.
       (2) Certain elements.--The report of the Secretary of the 
     Air Force under subsection (a) addressing recommendation 3-2 
     in the report of the National Research Council described in 
     that subsection, regarding the chain of command of the Air 
     Force Institute of Technology, shall include the following:
       (A) Options for alternative chains of command for the Air 
     Force Institute of Technology, and an identification of the 
     preferred alternative among such options.
       (B) An assessment of the effect of the chain of command, as 
     recommended in such recommendation 3-2, on the ability of the 
     Air Force Institute of Technology to support Air Force space, 
     cyberspace, intelligence, and global strike missions, and the 
     nuclear enterprise.
       (C) A description of milestones and timetables for 
     implementation of such recommendation 3-2.
       (D) An assessment of the effects of implementation of such 
     recommendation 3-2 on the military and civilian workforces of 
     the Air Force.
       (E) Such recommendations for legislative action with 
     respect to implementation of such recommendation 3-2 as the 
     Secretary considers appropriate.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.
                                 ______
                                 
  SA 3951. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XI, add the following:

     SEC. 1105. TEMPORARY AUTHORITIES FOR CERTAIN POSITIONS AT 
                   DEPARTMENT OF DEFENSE RESEARCH AND ENGINEERING 
                   FACILITIES.

       Section 1107 of the National Defense Authorization Act for 
     Fiscal Year 2014 (Public Law 113-66; 127 Stat. 887; 10 U.S.C. 
     2358 note) is amended--
       (1) in subsection (a), by adding at the end the following 
     new paragraph:
       ``(3) Students enrolled in scientific and engineering 
     programs.--The director of any STRL may appoint qualified 
     candidates enrolled in a program of undergraduate or graduate 
     instruction leading to a bachelor's or advanced degree in a 
     scientific, technical, engineering, or mathematical course of 
     study at an institution of higher education (as that term is 
     defined in section 102 of the Higher Education Act of 1965 
     (20 U.S.C. 1002)) to positions described in paragraph (3) of 
     subsection (b) as an employee in a laboratory described in 
     that paragraph without regard to the provisions of subchapter 
     I of chapter 33 of title 5, United States Code (other than 
     sections 3303 and 3328 of such title).'';
       (2) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(3) Candidates enrolled in scientific and engineering 
     programs.--The positions described in this paragraph are 
     scientific and engineering positions that may be temporary or 
     term in any laboratory designated by section 1105(a) of the 
     National Defense Authorization Act for Fiscal Year 2010 as a 
     Department of Defense science and technology reinvention 
     laboratory.''; and
       (3) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(3) In the case of a laboratory described in subsection 
     (b)(3), with respect to appointment authority under 
     subsection (a)(3), the number equal to 3 percent of the total 
     number of scientific and engineering positions in such 
     laboratory that are filled as of the close of the fiscal year 
     last ending before the start of such calendar year.''.
                                 ______
                                 
  SA 3952. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1069. REPORT ON REINVESTMENT OF OPERATIONAL COSTS OF THE 
                   JOINT SYSTEMS MANUFACTURING CENTER.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of the Army shall submit to the 
     congressional defense committees a report on the analysis, 
     plans, and recommendations of the Army on means by which the 
     operational costs associated with the Joint Systems 
     Manufacturing Center could be equitably applied for long-term 
     sustainability of that facility. The report may include such 
     recommendations for legislative or administrative action as 
     the Secretary considers appropriate to implement any plans 
     and recommendations set forth in the report.
                                 ______
                                 
  SA 3953. Mr. MENENDEZ (for himself and Mr. Booker) submitted an 
amendment intended to be proposed by him to the bill S. 2410, to 
authorize appropriations for fiscal year 2015 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1047. LIMITATION ON DEACTIVATION OR RELOCATION OF 
                   MOBILIZATION-DEMOBILIZATION MISSION AT JOINT 
                   BASE MCGUIRE-DIX-LAKEHURST, NEW JERSEY.

       The Secretary of the Army may not deactivate the 
     mobilization-demobilization mission at Joint Base McGuire-
     Dix-Lakehurst, New Jersey, or relocate such mission to 
     another installation, until 30 days after the date on which 
     the Secretary submits to the congressional defense committees 
     a report setting forth a justification for the deactivation 
     or relocation of such mission, including an assessment of any 
     costs to be incurred, and cost-savings to be achieved, as a 
     result of the deactivation or relocation of such mission.
                                 ______
                                 
  SA 3954. Mr. BROWN (for himself and Mr. Blunt) submitted an amendment 
intended to be proposed by him to the bill S. 2410, to authorize 
appropriations for fiscal year 2015 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. __. PROGRAM TO SUPPORT ESTABLISHMENT OF INSTITUTES FOR 
                   MANUFACTURING INNOVATION.

       (a) Establishment of Program.--
       (1) Authority.--The Secretary of Defense may establish a 
     program (referred to in this section as the ``Program'') for 
     the purposes set forth in paragraph (2).
       (2) Purposes of program.--The purposes of the Program are 
     as follows:
       (A) To improve measurably the ability of the United States 
     manufacturing sector and to support military requirements and 
     missions.
       (B) To help the United States meet national security needs 
     by minimizing the risk of dependence on foreign sources for 
     critical components.
       (C) To stimulate United States leadership in advanced 
     manufacturing research, innovation, and technology that has a 
     strong potential to generate substantial benefits to the 
     United States.
       (D) To facilitate the transition of innovative and 
     transformative technologies into scalable, cost-effective, 
     and high-performing manufacturing capabilities.
       (E) To facilitate access by manufacturing enterprises to 
     capital-intensive infrastructure, including high-performance 
     computing, in order to improve the speed with which such 
     enterprises commercialize new processes and technologies.
       (F) To facilitate the execution of--
       (i) joint research and development projects between 
     industry partners; and
       (ii) cost-shared research projects between the public and 
     private sector.
       (G) To accelerate measurably the development of a skilled 
     defense advanced manufacturing workforce.

[[Page S6214]]

       (H) To facilitate peer exchange of and the documentation of 
     best practices in addressing advanced manufacturing 
     challenges.
       (I) To leverage non-Federal sources of support to promote a 
     stable and sustainable business model without the need for 
     long-term Federal funding.
       (3) Support.--If the Secretary establishes the Program, the 
     Secretary shall carry out the purposes set forth in paragraph 
     (2) by supporting the establishment of one or more institutes 
     for manufacturing innovation.
       (4) Metrics.--If the Secretary establishes the Program, the 
     Secretary shall--
       (A) develop metrics for each institute for manufacturing 
     innovation supported under the Program to measure achievement 
     of the purposes of the Program; and
       (B) implement procedures for evaluation of such institutes 
     based on such metrics.
       (b) Institutes for Manufacturing Innovation.--
       (1) In general.--For purposes of this section, an 
     ``institute for manufacturing innovation'' is an institute 
     that--
       (A) has been established by a person or group of persons to 
     address defense challenges in advanced manufacturing and to 
     assist manufacturers in retaining or expanding industrial 
     production of defense systems in the United States;
       (B) has a predominant focus on research and development of 
     manufacturing processes, novel materials, enabling 
     technologies, supply chain integration practices, or such 
     other aspects of advanced manufacturing as the Secretary 
     considers relevant, with the potential--
       (i) to ensure domestic sources for critical defense 
     materiel;
       (ii) to create or maintain a technical military advantage;
       (iii) to improve the competitiveness of United States 
     manufacturing, in support of enhancing the affordability of 
     defense systems;
       (iv) to accelerate non-Federal investment in advanced 
     defense manufacturing production capacity in the United 
     States;
       (v) to increase measurably the non-Federal investment in 
     advanced manufacturing research; and
       (vi) to enable the commercial application of new 
     technologies or industry-wide manufacturing processes so as 
     to improve the affordability of defense systems; and
       (C) includes active participation among representatives 
     from multiple industrial entities, research universities, 
     community colleges, and such other entities as the Secretary 
     considers appropriate, which may include industry-led 
     consortia, career and technical education schools, Federal 
     laboratories, State, local, and tribal governments, 
     businesses, educational institutions, and nonprofit 
     organizations.
       (2) Activities.--Activities of an institute for 
     manufacturing innovation may include the following:
       (A) Research, development, and demonstration projects, 
     including proof-of-concept development and prototyping, to 
     reduce the cost, time, and risk of commercializing new 
     technologies and improvements in existing technologies, 
     processes, products, and research and development of 
     materials to solve pre-competitive industrial problems with 
     economic or national security implications.
       (B) Development and implementation of education and 
     training courses, materials, and programs.
       (C) Development of workforce recruitment, training, 
     retention, and exchange programs and initiatives.
       (D) Development of innovative methodologies and practices 
     for supply chain integration and introduction of new 
     technologies into supply chains.
       (E) Development or updating of industry-led, shared-vision 
     technology roadmaps for the development of technologies 
     underpinning next-generation or transformational innovations, 
     developed in coordination with government organizations.
       (F) Outreach and engagement with small- and medium-sized 
     manufacturing enterprises, in addition to large manufacturing 
     enterprises.
       (G) Coordinate with the Defense Production Act Committee on 
     defense industrial base matters.
       (H) Such other activities as the Secretary, in consultation 
     with Federal departments and agencies whose missions 
     contribute to or are affected by advanced manufacturing, 
     considers consistent with the purposes described in 
     subsection (a)(2).
       (c) Funding for Institutes for Manufacturing Innovation.--
       (1) In general.--In carrying out the Program, the Secretary 
     of Defense may provide funding for planning, establishing, or 
     supporting an institute for manufacturing innovation.
       (2) Selection.--
       (A) Competitive, merit review.--In awarding funding under 
     paragraph (1), the Secretary shall use appropriate, 
     competitive, merit review.
       (B) Collaboration.--In awarding funding under paragraph 
     (1), the Secretary shall collaborate with Federal departments 
     and agencies whose missions contribute to or are affected by 
     advanced manufacturing.
       (C) Considerations.--In awarding funding to plan, 
     establish, or support an institute for manufacturing 
     innovation, the Secretary shall consider, at a minimum, the 
     following:
       (i) The potential of the institute for manufacturing 
     innovation to advance domestic defense manufacturing and the 
     likelihood of military impact in the predominant focus areas 
     of the institute for manufacturing innovation.
       (ii) The commitment of continued financial support, advice, 
     participation, and other contributions from non-Federal 
     sources, to provide leverage and resources to promote a 
     stable and sustainable business model without the need for 
     long-term Federal funding.
       (iii) Whether the financial support provided to the 
     institute from non-Federal sources significantly outweighs 
     the requested Federal funding.
       (iv) How the institute will support core Department of 
     Defense missions and address key technology priorities.
       (v) How the institute will increase the non-Federal 
     investment in advanced defense manufacturing research in the 
     United States.
       (vi) How the institute will engage with small- and medium-
     sized manufacturing enterprises, to improve the capacity of 
     such enterprises to commercialize new processes and 
     technologies.
       (vii) How the institute will carry out educational and 
     workforce activities that meet industrial needs related to 
     the predominant focus areas of the institute for 
     manufacturing innovation, including activities focused on 
     veterans and military dependents.
       (viii) How the institute will advance economic 
     competitiveness both globally and domestically and generate 
     substantial benefits to the United States that extend beyond 
     the direct return to participants in the Program.
       (ix) Whether the predominant focus of the institute is a 
     manufacturing process, novel material, enabling technology, 
     supply chain integration methodology, or other relevant 
     aspect of advanced manufacturing that has not already been 
     commercialized, marketed, distributed, or sold by another 
     entity.
       (x) How the institute will strengthen and leverage the 
     assets of a region to support military requirements and 
     missions.
       (3) Limitations on awards.--
       (A) In general.--No funding may be provided under the 
     Program to an institute for manufacturing innovation after 
     the five-year period beginning on the date on which the 
     Secretary first awards funding to an institute under the 
     Program.
       (B) Matching funds and weighted preferences.--The total 
     Federal funding awarded to an institute for manufacturing 
     innovation, including funding awarded under the Program, 
     during a five-year period shall not exceed 50 percent of the 
     total funding of the institute during that period.
       (d) Additional Authorities.--
       (1) Appointment of personnel and contracts.--The Secretary 
     may appoint such personnel and enter into such contracts, 
     funding agreements, and other agreements as the Secretary 
     considers necessary or appropriate to carry out the Program, 
     including support for research and development activities 
     involving an institute for manufacturing innovation.
       (2) Acceptance or transfer of funds.--The Secretary may 
     accept from or transfer to other Federal agencies, or State 
     or local governments, such sums as the Secretary considers 
     necessary or appropriate to carry out the Program.
       (3) Use of resources.--In furtherance of the purposes of 
     the Program, the Secretary may use, with the consent of a 
     covered entity and with or without reimbursement, the land, 
     services, equipment, personnel, and facilities of such 
     covered entity.
       (4) Acceptance of resources.--In addition to amounts 
     appropriated to carry out the Program, the Secretary may 
     accept funds, services, equipment, personnel, and facilities 
     from any covered entity to carry out the Program pursuant to 
     section 2601 of title 10, United States Code.
       (5) Covered entity.--For purposes of this subsection, a 
     covered entity is any Federal department, Federal agency, 
     instrumentality of the United States, State, local 
     government, tribal government, Territory or possession of the 
     United States, or of any political subdivision thereof, or 
     international organization, or any public or private entity 
     or individual.
                                 ______
                                 
  SA 3955. Mr. REID (for Ms. Landrieu) submitted an amendment intended 
to be proposed by Mr. Reid of Nevada to the bill S. 2410, to authorize 
appropriations for fiscal year 2015 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1087. LOAN GUARANTEES FOR MEDICAL ISOTOPE PRODUCTION.

       (a) In General.--Notwithstanding section 1703(a) of the 
     Energy Policy Act of 2005 (42 U.S.C. 16513(a)), any medical 
     isotope production facility used to produce molybdenum-99 
     (including nuclear reactors that use either high or low 
     enriched uranium, nonreactor, accelerator-driven irradiation 
     facilities, and associated radioisotope processing, waste 
     management, and support facilities) shall be considered to be 
     an advanced nuclear energy facility that is eligible for a 
     guarantee under section 1703 of that Act.
       (b) Funding.--The matter under the heading ``Title 17 
     Innovative Technology Loan

[[Page S6215]]

     Guarantee Program'' in title III of division C of the Omnibus 
     Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 619) is 
     amended by inserting ``or medical isotope production 
     facilities used to produce molybdenum-99'' after ``nuclear 
     power facilities''.
                                 ______
                                 
  SA 3956. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of division C, add the following:

                TITLE XXXVI--VESSEL INCIDENTAL DISCHARGE

     SEC. 3601. SHORT TITLE.

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

     SEC. 3602. FINDINGS; PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) Beginning with enactment of the Act to Prevent 
     Pollution from Ships in 1980 (22 U.S.C. 1901 et seq.), the 
     United States Coast Guard has been the principal Federal 
     authority charged with administering, enforcing, and 
     prescribing regulations relating to the discharge of 
     pollutants from vessels engaged in maritime commerce and 
     transportation.
       (2) The Coast Guard estimates there are approximately 
     21,560,000 State-registered recreational vessels, 75,000 
     commercial fishing vessels, and 33,000 freight and tank 
     barges operating in United States waters.
       (3) From 1973 to 2005, certain discharges incidental to the 
     normal operation of a vessel were exempted by regulation from 
     otherwise applicable permitting requirements.
       (4) Over the 32 years during which this regulatory 
     exemption was in effect, Congress enacted statutes on a 
     number of occasions dealing with the regulation of discharges 
     incidental to the normal operation of a vessel, including--
       (A) the Act to Prevent Pollution from Ships (33 U.S.C. 1901 
     et seq.) in 1980;
       (B) the Nonindigenous Aquatic Nuisance Prevention and 
     Control Act of 1990 (16 U.S.C. 4701 et seq.);
       (C) the National Invasive Species Act of 1996 (110 Stat. 
     4073);
       (D) section 415 of the Coast Guard Authorization Act of 
     1998 (112 Stat. 3434) and section 623 of the Coast Guard and 
     Maritime Transportation Act of 2004 (33 U.S.C. 1901 note), 
     which established interim and permanent requirements, 
     respectively, for the regulation of vessel discharges of 
     certain bulk cargo residue;
       (E) title XIV of division B of Appendix D of the 
     Consolidated Appropriations Act, 2001 (114 Stat. 2763), which 
     prohibited or limited certain vessel discharges in certain 
     areas of Alaska;
       (F) section 204 of the Maritime Transportation Security Act 
     of 2002 (33 U.S.C. 1902a), which established requirements for 
     the regulation of vessel discharges of agricultural cargo 
     residue material in the form of hold washings; and
       (G) title X of the Coast Guard Authorization Act of 2010 
     (33 U.S.C. 3801 et seq.), which provided for the 
     implementation of the International Convention on the Control 
     of Harmful Anti-Fouling Systems on Ships, 2001.
       (b) Purpose.--The purpose of this title is to provide for 
     the establishment of nationally uniform and environmentally 
     sound standards and requirements for the management of 
     discharges incidental to the normal operation of a vessel.

     SEC. 3603. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Aquatic nuisance species.--The term ``aquatic nuisance 
     species'' means a nonindigenous species (including a 
     pathogen) that threatens the diversity or abundance of native 
     species or the ecological stability of navigable waters or 
     commercial, agricultural, aquacultural, or recreational 
     activities dependent on such waters.
       (3) Ballast water.--
       (A) In general.--The term ``ballast water'' means any 
     water, including any sediment suspended in such water, taken 
     aboard a vessel--
       (i) to control trim, list, draught, stability, or stresses 
     of the vessel; or
       (ii) during the cleaning, maintenance, or other operation 
     of a ballast water treatment technology of the vessel.
       (B) Exclusions.--The term ``ballast water'' does not 
     include any pollutant that is added to water described in 
     subparagraph (A) that is not directly related to the 
     operation of a properly functioning ballast water treatment 
     technology under this title.
       (4) Ballast water performance standard.--The term ``ballast 
     water performance standard'' means the numerical ballast 
     water discharge standard set forth in section 151.2030 of 
     title 33, Code of Federal Regulations or section 151.1511 of 
     title 33, Code of Federal Regulations, as applicable, or a 
     revised numerical ballast water performance standard 
     established under subsection (a)(1)(B), (b), or (c) of 
     section 3605.
       (5) Ballast water treatment technology or treatment 
     technology.--The term ``ballast water treatment technology'' 
     or ``treatment technology'' means any mechanical, physical, 
     chemical, or biological process used, alone or in 
     combination, to remove, render harmless, or avoid the uptake 
     or discharge of aquatic nuisance species within ballast 
     water.
       (6) Biocide.--The term ``biocide'' means a substance or 
     organism, including a virus or fungus, that is introduced 
     into or produced by a ballast water treatment technology to 
     reduce or eliminate aquatic nuisance species as part of the 
     process used to comply with a ballast water performance 
     standard under this title.
       (7) Discharge incidental to the normal operation of a 
     vessel.--
       (A) In general.--The term ``discharge incidental to the 
     normal operation of a vessel'' means--
       (i) a discharge into navigable waters from a vessel of--

       (I)(aa) ballast water, graywater, bilge water, cooling 
     water, oil water separator effluent, anti-fouling hull 
     coating leachate, boiler or economizer blowdown, byproducts 
     from cathodic protection, controllable pitch propeller and 
     thruster hydraulic fluid, distillation and reverse osmosis 
     brine, elevator pit effluent, firemain system effluent, 
     freshwater layup effluent, gas turbine wash water, motor 
     gasoline and compensating effluent, refrigeration and air 
     condensate effluent, seawater pumping biofouling prevention 
     substances, boat engine wet exhaust, sonar dome effluent, 
     exhaust gas scrubber washwater, or stern tube packing gland 
     effluent; or
       (bb) any other pollutant associated with the operation of a 
     marine propulsion system, shipboard maneuvering system, 
     habitability system, or installed major equipment, or from a 
     protective, preservative, or absorptive application to the 
     hull of a vessel;
       (II) weather deck runoff, deck wash, aqueous film forming 
     foam effluent, chain locker effluent, non-oily machinery 
     wastewater, underwater ship husbandry effluent, welldeck 
     effluent, or fish hold and fish hold cleaning effluent; or
       (III) any effluent from a properly functioning marine 
     engine; or

       (ii) a discharge of a pollutant into navigable waters in 
     connection with the testing, maintenance, or repair of a 
     system, equipment, or engine described in subclause (I)(bb) 
     or (III) of clause (i) whenever the vessel is waterborne.
       (B) Exclusions.--The term ``discharge incidental to the 
     normal operation of a vessel'' does not include--
       (i) a discharge into navigable waters from a vessel of--

       (I) rubbish, trash, garbage, incinerator ash, or other such 
     material discharged overboard;
       (II) oil or a hazardous substance as those terms are 
     defined in section 311 of the Federal Water Pollution Control 
     Act (33 U.S.C. 1321);
       (III) sewage as defined in section 312(a)(6) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1322(a)(6)); or
       (IV) graywater referred to in section 312(a)(6) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1322(a)(6));

       (ii) an emission of an air pollutant resulting from the 
     operation onboard a vessel of a vessel propulsion system, 
     motor driven equipment, or incinerator; or
       (iii) a discharge into navigable waters from a vessel when 
     the vessel is operating in a capacity other than as a means 
     of transportation on water.
       (8) Geographically limited area.--The term ``geographically 
     limited area'' means an area--
       (A) with a physical limitation, including limitation by 
     physical size and limitation by authorized route, that 
     prevents a vessel from operating outside the area, as 
     determined by the Secretary; or
       (B) that is ecologically homogeneous, as determined by the 
     Secretary, in consultation with the heads of other Federal 
     departments or agencies as the Secretary considers 
     appropriate.
       (9) Manufacturer.--The term ``manufacturer'' means a person 
     engaged in the manufacture, assemblage, or importation of 
     ballast water treatment technology.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.
       (11) Vessel.--The term ``vessel'' means every description 
     of watercraft or other artificial contrivance used, or 
     practically or otherwise capable of being used, as a means of 
     transportation on water.

     SEC. 3604. REGULATION AND ENFORCEMENT.

       (a) In General.--The Secretary, in consultation with the 
     Administrator, shall establish and implement enforceable 
     uniform national standards and requirements for the 
     regulation of discharges incidental to the normal operation 
     of a vessel. The standards and requirements shall--
       (1) be based upon the best available technology 
     economically achievable; and
       (2) supersede any permitting requirement or prohibition on 
     discharges incidental to the normal operation of a vessel 
     under any other provision of law.
       (b) Administration and Enforcement.--The Secretary shall 
     administer and enforce the uniform national standards and 
     requirements under this title. Each State may enforce the 
     uniform national standards and requirements under this title.

[[Page S6216]]

     SEC. 3605. UNIFORM NATIONAL STANDARDS AND REQUIREMENTS FOR 
                   THE REGULATION OF DISCHARGES INCIDENTAL TO THE 
                   NORMAL OPERATION OF A VESSEL.

       (a) Requirements.--
       (1) Ballast water management requirements.--
       (A) In general.--Notwithstanding any other provision of 
     law, the requirements set forth in the final rule, Standards 
     for Living Organisms in Ships' Ballast Water Discharged in 
     U.S. Waters (77 Fed. Reg. 17254 (March 23, 2012), as 
     corrected at 77 Fed. Reg. 33969 (June 8, 2012)), shall be the 
     management requirements for a ballast water discharge 
     incidental to the normal operation of a vessel until the 
     Secretary revises the ballast water performance standard 
     under subsection (b) or adopts a more stringent State 
     standard under subparagraph (B) of this paragraph.
       (B) Adoption of more stringent state standard.--If the 
     Secretary makes a determination in favor of a State petition 
     under section 3610, the Secretary shall adopt the more 
     stringent ballast water performance standard specified in the 
     statute or regulation that is the subject of that State 
     petition in lieu of the ballast water performance standard in 
     the final rule described under subparagraph (A).
       (2) Initial management requirements for discharges other 
     than ballast water.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Administrator, shall issue a final rule establishing best 
     management practices for discharges incidental to the normal 
     operation of a vessel other than ballast water.
       (b) Revised Ballast Water Performance Standard; 8-Year 
     Review.--
       (1) In general.--Subject to the feasibility review under 
     paragraph (2), not later than January 1, 2022, the Secretary, 
     in consultation with the Administrator, shall issue a final 
     rule revising the ballast water performance standard under 
     subsection (a)(1) so that a ballast water discharge 
     incidental to the normal operation of a vessel will contain--
       (A) less than 1 living organism per 10 cubic meters that is 
     50 or more micrometers in minimum dimension;
       (B) less than 1 living organism per 10 milliliters that is 
     less than 50 micrometers in minimum dimension and more than 
     10 micrometers in minimum dimension;
       (C) concentrations of indicator microbes that are less 
     than--
       (i) 1 colony-forming unit of toxicogenic Vibrio cholera 
     (serotypes O1 and O139) per 100 milliliters or less than 1 
     colony-forming unit of that microbe per gram of wet weight of 
     zoological samples;
       (ii) 126 colony-forming units of escherichia coli per 100 
     milliliters; and
       (iii) 33 colony-forming units of intestinal enterococci per 
     100 milliliters; and
       (D) concentrations of such additional indicator microbes 
     and of viruses as may be specified in regulations issued by 
     the Secretary in consultation with the Administrator and such 
     other Federal agencies as the Secretary and the Administrator 
     consider appropriate.
       (2) Feasibility review.--
       (A) In general.--Not less than 2 years before January 1, 
     2022, the Secretary, in consultation with the Administrator, 
     shall complete a review to determine the feasibility of 
     achieving the revised ballast water performance standard 
     under paragraph (1).
       (B) Criteria for review of ballast water performance 
     standard.--In conducting a review under subparagraph (A), the 
     Secretary shall consider whether revising the ballast water 
     performance standard will result in a scientifically 
     demonstrable and substantial reduction in the risk of 
     introduction or establishment of aquatic nuisance species, 
     taking into account--
       (i) improvements in the scientific understanding of 
     biological and ecological processes that lead to the 
     introduction or establishment of aquatic nuisance species;
       (ii) improvements in ballast water treatment technology, 
     including--

       (I) the capability of such treatment technology to achieve 
     a revised ballast water performance standard;
       (II) the effectiveness and reliability of such treatment 
     technology in the shipboard environment;
       (III) the compatibility of such treatment technology with 
     the design and operation of a vessel by class, type, and 
     size;
       (IV) the commercial availability of such treatment 
     technology; and
       (V) the safety of such treatment technology;

       (iii) improvements in the capabilities to detect, quantify, 
     and assess the viability of aquatic nuisance species at the 
     concentrations under consideration;
       (iv) the impact of ballast water treatment technology on 
     water quality; and
       (v) the costs, cost-effectiveness, and impacts of--

       (I) a revised ballast water performance standard, including 
     the potential impacts on shipping, trade, and other uses of 
     the aquatic environment; and
       (II) maintaining the existing ballast water performance 
     standard, including the potential impacts on water-related 
     infrastructure, recreation, propagation of native fish, 
     shellfish, and wildlife, and other uses of navigable waters.

       (C) Lower revised performance standard.--
       (i) In general.--If the Secretary, in consultation with the 
     Administrator, determines on the basis of the feasibility 
     review and after an opportunity for a public hearing that no 
     ballast water treatment technology can be certified under 
     section 3606 to comply with the revised ballast water 
     performance standard under paragraph (1), the Secretary shall 
     require the use of the treatment technology that achieves the 
     performance levels of the best treatment technology 
     available.
       (ii) Implementation deadline.--If the Secretary, in 
     consultation with the Administrator, determines that the 
     treatment technology under clause (i) cannot be implemented 
     before the implementation deadline under paragraph (3) with 
     respect to a class of vessels, the Secretary shall extend the 
     implementation deadline for that class of vessels for not 
     more than 36 months.
       (iii) Compliance.--If the implementation deadline under 
     paragraph (3) is extended, the Secretary shall recommend 
     action to ensure compliance with the extended implementation 
     deadline under clause (ii).
       (D) Higher revised performance standard.--
       (i) In general.--If the Secretary, in consultation with the 
     Administrator, determines that ballast water treatment 
     technology exists that exceeds the revised ballast water 
     performance standard under paragraph (1) with respect to a 
     class of vessels, the Secretary shall revise the ballast 
     water performance standard for that class of vessels to 
     incorporate the higher performance standard.
       (ii) Implementation deadline.--If the Secretary, in 
     consultation with the Administrator, determines that the 
     treatment technology under clause (i) can be implemented 
     before the implementation deadline under paragraph (3) with 
     respect to a class of vessels, the Secretary shall accelerate 
     the implementation deadline for that class of vessels. If the 
     implementation deadline under paragraph (3) is accelerated, 
     the Secretary shall provide not less than 24 months notice 
     before the accelerated deadline takes effect.
       (3) Implementation deadline.--The revised ballast water 
     performance standard under paragraph (1) shall apply to a 
     vessel beginning on the date of the first drydocking of the 
     vessel on or after January 1, 2022, but not later than 
     December 31, 2024.
       (4) Revised performance standard compliance deadlines.--
       (A) In general.--The Secretary may establish a compliance 
     deadline for compliance by a vessel (or a class, type, or 
     size of vessel) with a revised ballast water performance 
     standard under this subsection.
       (B) Process for granting extensions.--In issuing 
     regulations under this subsection, the Secretary shall 
     establish a process for an owner or operator to submit a 
     petition to the Secretary for an extension of a compliance 
     deadline with respect to the vessel of the owner or operator.
       (C) Period of extensions.--An extension issued under 
     subparagraph (B) may--
       (i) apply for a period of not to exceed 18 months from the 
     date of the applicable deadline under subparagraph (A); and
       (ii) be renewable for an additional period of not to exceed 
     18 months.
       (D) Factors.--In issuing a compliance deadline or reviewing 
     a petition under this paragraph, the Secretary shall 
     consider, with respect to the ability of an owner or operator 
     to meet a compliance deadline, the following factors:
       (i) Whether the treatment technology to be installed is 
     available in sufficient quantities to meet the compliance 
     deadline.
       (ii) Whether there is sufficient shipyard or other 
     installation facility capacity.
       (iii) Whether there is sufficient availability of 
     engineering and design resources.
       (iv) Vessel characteristics, such as engine room size, 
     layout, or a lack of installed piping.
       (v) Electric power generating capacity aboard the vessel.
       (vi) Safety of the vessel and crew.
       (E) Consideration of petitions.--
       (i) Determinations.--The Secretary shall approve or deny a 
     petition for an extension of a compliance deadline submitted 
     by an owner or operator under this paragraph.
       (ii) Deadline.--If the Secretary does not approve or deny a 
     petition referred to in clause (i) on or before the last day 
     of the 90-day period beginning on the date of submission of 
     the petition, the petition shall be deemed approved.
       (c) Future Revisions of Vessel Incidental Discharge 
     Standards; Decennial Reviews.--
       (1) Revised ballast water performance standards.--The 
     Secretary, in consultation with the Administrator, shall 
     complete a review, 10 years after the issuance of a final 
     rule under subsection (b) and every 10 years thereafter, to 
     determine whether further revision of the ballast water 
     performance standard would result in a scientifically 
     demonstrable and substantial reduction in the risk of the 
     introduction or establishment of aquatic nuisance species.
       (2) Revised standards for discharges other than ballast 
     water.--The Secretary, in consultation with the 
     Administrator, may include in a decennial review under this 
     subsection best management practices for discharges covered 
     by subsection (a)(2). The Secretary shall initiate a 
     rulemaking to revise 1 or more best management practices for 
     such discharges after a decennial review if the Secretary, in 
     consultation with the Administrator, determines that revising 
     1 or more of such practices would substantially reduce the 
     impacts on navigable waters of

[[Page S6217]]

     discharges incidental to the normal operation of a vessel 
     other than ballast water.
       (3) Considerations.--In conducting a review under paragraph 
     (1), the Secretary, the Administrator, and the heads of other 
     appropriate Federal agencies as determined by the Secretary, 
     shall consider the criteria under section 3605(b)(2)(B).
       (4) Revision after decennial review.--The Secretary shall 
     initiate a rulemaking to revise the current ballast water 
     performance standard after a decennial review if the 
     Secretary, in consultation with the Administrator, determines 
     that revising the current ballast water performance standard 
     would result in a scientifically demonstrable and substantial 
     reduction in the risk of the introduction or establishment of 
     aquatic nuisance species.

     SEC. 3606. TREATMENT TECHNOLOGY CERTIFICATION.

       (a) Certification Required.--Beginning 60 days after the 
     date that the requirements for testing protocols are issued 
     under subsection (i), no manufacturer of a ballast water 
     treatment technology shall sell, offer for sale, or introduce 
     or deliver for introduction into interstate commerce, or 
     import into the United States for sale or resale, a ballast 
     water treatment technology for a vessel unless the treatment 
     technology has been certified under this section.
       (b) Certification Process.--
       (1) Evaluation.--Upon application of a manufacturer, the 
     Secretary shall evaluate a ballast water treatment technology 
     with respect to--
       (A) the effectiveness of the treatment technology in 
     achieving the current ballast water performance standard when 
     installed on a vessel (or a class, type, or size of vessel);
       (B) the compatibility with vessel design and operations;
       (C) the effect of the treatment technology on vessel 
     safety;
       (D) the impact on the environment;
       (E) the cost effectiveness; and
       (F) any other criteria the Secretary considers appropriate.
       (2) Approval.--If after an evaluation under paragraph (1) 
     the Secretary determines that the treatment technology meets 
     the criteria, the Secretary may certify the treatment 
     technology for use on a vessel (or a class, type, or size of 
     vessel).
       (3) Suspension and revocation.--The Secretary shall 
     establish, by regulation, a process to suspend or revoke a 
     certification issued under this section.
       (c) Certification Conditions.--
       (1) Imposition of conditions.--In certifying a ballast 
     water treatment technology under this section, the Secretary, 
     in consultation with the Administrator, may impose any 
     condition on the subsequent installation, use, or maintenance 
     of the treatment technology onboard a vessel as is necessary 
     for--
       (A) the safety of the vessel, the crew of the vessel, and 
     any passengers aboard the vessel;
       (B) the protection of the environment; or
       (C) the effective operation of the treatment technology.
       (2) Failure to comply.--The failure of an owner or operator 
     to comply with a condition imposed under paragraph (1) shall 
     be considered a violation of this section.
       (d) Period for Use of Installed Treatment Equipment.--
     Notwithstanding anything to the contrary in this title or any 
     other provision of law, the Secretary shall allow a vessel on 
     which a system is installed and operated to meet a ballast 
     water performance standard under this title to continue to 
     use that system, notwithstanding any revision of a ballast 
     water performance standard occurring after the system is 
     ordered or installed until the expiration of the service life 
     of the system, as determined by the Secretary, so long as the 
     system--
       (1) is maintained in proper working condition; and
       (2) is maintained and used in accordance with the 
     manufacturer's specifications and any treatment technology 
     certification conditions imposed by the Secretary under this 
     section.
       (e) Certificates of Type Approval for the Treatment 
     Technology.--
       (1) Issuance.--If the Secretary approves a ballast water 
     treatment technology for certification under subsection (b), 
     the Secretary shall issue a certificate of type approval for 
     the treatment technology to the manufacturer in such form and 
     manner as the Secretary determines appropriate.
       (2) Certification conditions.--A certificate of type 
     approval issued under paragraph (1) shall specify each 
     condition imposed by the Secretary under subsection (c).
       (3) Owners and operators.--A manufacturer that receives a 
     certificate of type approval for the treatment technology 
     under this subsection shall provide a copy of the certificate 
     to each owner and operator of a vessel on which the treatment 
     technology is installed.
       (f) Inspections.--An owner or operator who receives a copy 
     of a certificate under subsection (e)(3) shall retain a copy 
     of the certificate onboard the vessel and make the copy of 
     the certificate available for inspection at all times while 
     the owner or operator is utilizing the treatment technology.
       (g) Biocides.--The Secretary may not approve a ballast 
     water treatment technology under subsection (b) if--
       (1) it uses a biocide or generates a biocide that is a 
     pesticide, as defined in section 2 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136), 
     unless the biocide is registered under that Act or the 
     Secretary, in consultation with Administrator, has approved 
     the use of the biocide in such treatment technology; or
       (2) it uses or generates a biocide the discharge of which 
     causes or contributes to a violation of a water quality 
     standard under section 303 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1313).
       (h) Prohibition.--
       (1) In general.--Except as provided in paragraph (2), the 
     use of a ballast water treatment technology by an owner or 
     operator of a vessel shall not satisfy the requirements of 
     this title unless it has been approved by the Secretary under 
     subsection (b).
       (2) Exceptions.--
       (A) Coast guard shipboard technology evaluation program.--
     An owner or operator may use a ballast water treatment 
     technology that has not been certified by the Secretary to 
     comply with the requirements of this section if the 
     technology is being evaluated under the Coast Guard Shipboard 
     Technology Evaluation Program.
       (B) Ballast water treatment technologies certified by 
     foreign entities.--An owner or operator may use a ballast 
     water treatment technology that has not been certified by the 
     Secretary to comply with the requirements of this section if 
     the technology has been certified by a foreign entity and the 
     certification demonstrates performance and safety of the 
     treatment technology equivalent to the requirements of this 
     section, as determined by the Secretary.
       (i) Testing Protocols.--Not later than 180 days after the 
     date of enactment of this Act, the Administrator, in 
     consultation with the Secretary, shall issue requirements for 
     land-based and shipboard testing protocols or criteria for--
       (1) certifying the performance of each ballast water 
     treatment technology under this section; and
       (2) certifying laboratories to evaluate such treatment 
     technologies.

     SEC. 3607. EXEMPTIONS.

       (a) In General.--No permit shall be required or prohibition 
     enforced under any other provision of law for, nor shall any 
     standards regarding a discharge incidental to the normal 
     operation of a vessel under this title apply to--
       (1) a discharge incidental to the normal operation of a 
     vessel if the vessel is less than 79 feet in length and 
     engaged in commercial service (as defined in section 2101(5) 
     of title 46, United States Code);
       (2) a discharge incidental to the normal operation of a 
     vessel if the vessel is a fishing vessel, including a fish 
     processing vessel and a fish tender vessel, (as defined in 
     section 2101 of title 46, United States Code);
       (3) a discharge incidental to the normal operation of a 
     vessel if the vessel is a recreational vessel (as defined in 
     section 2101(25) of title 46, United States Code);
       (4) the placement, release, or discharge of equipment, 
     devices, or other material from a vessel for the sole purpose 
     of conducting research on the aquatic environment or its 
     natural resources in accordance with generally recognized 
     scientific methods, principles, or techniques;
       (5) any discharge into navigable waters from a vessel 
     authorized by an on-scene coordinator in accordance with part 
     300 of title 40, Code of Federal Regulations, or part 153 of 
     title 33, Code of Federal Regulations;
       (6) any discharge into navigable waters from a vessel that 
     is necessary to secure the safety of the vessel or human 
     life, or to suppress a fire onboard the vessel or at a 
     shoreside facility; or
       (7) a sovereign immune vessel of a foreign nation 
     (including a time-chartered or voyage-chartered vessel) when 
     engaged in noncommercial service.
       (b) Ballast Water Discharges.--No permit shall be required 
     or prohibition enforced under any other provision of law for, 
     nor shall any ballast water performance standards under this 
     title apply to--
       (1) a ballast water discharge incidental to the normal 
     operation of a vessel determined by the Secretary to--
       (A) operate exclusively within a geographically limited 
     area;
       (B) take up and discharge ballast water exclusively within 
     1 Captain of the Port Zone established by the Coast Guard 
     unless the Secretary determines such discharge poses a 
     substantial risk of introduction or establishment of an 
     aquatic nuisance species;
       (C) operate pursuant to a geographic restriction issued as 
     a condition under section 3309 of title 46, United States 
     Code, or an equivalent restriction issued by the country of 
     registration of the vessel; or
       (D) continuously take on and discharge ballast water in a 
     flow-through system that does not introduce aquatic nuisance 
     species into navigable waters;
       (2) a ballast water discharge incidental to the normal 
     operation of a vessel consisting entirely of water suitable 
     for human consumption; or
       (3) a ballast water discharge incidental to the normal 
     operation of a vessel in an alternative compliance program 
     established pursuant to section 3608.
       (c) Vessels With Permanent Ballast Water.--No permit shall 
     be required or prohibition enforced under any other provision 
     of law for, nor shall any ballast water performance standard 
     under this title apply to, a vessel that carries all of its 
     permanent ballast water in sealed tanks that are not subject 
     to discharge.

[[Page S6218]]

       (d) Vessels of the Armed Forces.--Nothing in this title 
     shall be construed to apply to--
       (1) a vessel owned or operated by the Department of Defense 
     (other than a time-chartered or voyage-chartered vessel); or
       (2) a vessel of the Coast Guard, as designated by the 
     Secretary of the department in which the Coast Guard is 
     operating.

     SEC. 3608. ALTERNATIVE COMPLIANCE PROGRAM.

       (a) In General.--The Secretary, in consultation with the 
     Administrator, may promulgate regulations establishing 1 or 
     more compliance programs as an alternative to ballast water 
     management regulations issued under section 3605 for a vessel 
     that--
       (1) has a maximum ballast water capacity of less than 8 
     cubic meters;
       (2) is less than 3 years from the end of the useful life of 
     the vessel, as determined by the Secretary; or
       (3) discharges ballast water into a facility for the 
     reception of ballast water that meets standards promulgated 
     by the Administrator, in consultation with the Secretary.
       (b) Promulgation of Facility Standards.--Not later than 1 
     year after the date of enactment of this Act, the 
     Administrator, in consultation with the Secretary, shall 
     promulgate standards for--
       (1) the reception of ballast water from a vessel into a 
     reception facility; and
       (2) the disposal or treatment of the ballast water under 
     paragraph (1).

     SEC. 3609. JUDICIAL REVIEW.

       (a) In General.--An interested person may file a petition 
     for review of a final regulation promulgated under this title 
     in the United States Court of Appeals for the District of 
     Columbia Circuit.
       (b) Deadline.--A petition shall be filed not later than 120 
     days after the date that notice of the promulgation appears 
     in the Federal Register.
       (c) Exception.--Notwithstanding subsection (b), a petition 
     that is based solely on grounds that arise after the deadline 
     to file a petition under subsection (b) has passed may be 
     filed not later than 120 days after the date that the grounds 
     first arise.

     SEC. 3610. EFFECT ON STATE AUTHORITY.

       (a) In General.--No State or political subdivision thereof 
     may adopt or enforce any statute or regulation of the State 
     or political subdivision with respect to a discharge 
     incidental to the normal operation of a vessel after the date 
     of enactment of this Act.
       (b) Savings Clause.--Notwithstanding subsection (a), a 
     State or political subdivision thereof may enforce a statute 
     or regulation of the State or political subdivision with 
     respect to ballast water discharges incidental to the normal 
     operation of a vessel that specifies a ballast water 
     performance standard that is more stringent than the ballast 
     water performance standard under section 3605(a)(1)(A) and is 
     in effect on the date of enactment of this Act if the 
     Secretary, after consultation with the Administrator and any 
     other Federal department or agency the Secretary considers 
     appropriate, makes a determination that--
       (1) compliance with any performance standard specified in 
     the statute or regulation can in fact be achieved and 
     detected;
       (2) the technology and systems necessary to comply with the 
     statute or regulation are commercially available; and
       (3) the statute or regulation is consistent with 
     obligations under relevant international treaties or 
     agreements to which the United States is a party.
       (c) Petition Process.--
       (1) Submission.--The Governor of a State seeking to enforce 
     a statute or regulation under subsection (b) shall submit a 
     petition requesting the Secretary to review the statute or 
     regulation.
       (2) Contents; deadline.--A petition shall--
       (A) be accompanied by the scientific and technical 
     information on which the petition is based; and
       (B) be submitted to the Secretary not later than 90 days 
     after the date of enactment of this Act.
       (3) Determinations.--The Secretary shall make a 
     determination on a petition under this subsection not later 
     than 90 days after the date that the petition is received.

     SEC. 3611. APPLICATION WITH OTHER STATUTES.

       Notwithstanding any other provision of law, this title 
     shall be the exclusive statutory authority for regulation by 
     the Federal Government of discharges incidental to the normal 
     operation of a vessel to which this title applies. Except as 
     provided under section 3605(a)(1)(A), any regulation in 
     effect on the date immediately preceding the effective date 
     of this Act relating to any permitting requirement for or 
     prohibition on discharges incidental to the normal operation 
     of a vessel to which this title applies shall be deemed to be 
     a regulation issued pursuant to the authority of this title 
     and shall remain in full force and effect unless or until 
     superseded by new regulations issued hereunder.
                                 ______
                                 
  SA 3957. Mr. REID (for Mr. Harkin) proposed an amendment to the bill 
H.R. 669, to improve the health of children and help better understand 
and enhance awareness about unexpected sudden death in early life; as 
follows:

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

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. CONTINUING ACTIVITIES RELATED TO STILLBIRTH, SUDDEN 
                   UNEXPECTED INFANT DEATH AND SUDDEN UNEXPLAINED 
                   DEATH IN CHILDHOOD.

       (a) In General.--The Secretary of Health and Human Services 
     shall continue activities related to still birth, sudden 
     unexpected infant death, and sudden unexplained death in 
     childhood, including, as appropriate--
       (1) collecting information, such as socio-demographic, 
     death scene investigation, clinical history, and autopsy 
     information, on stillbirth, sudden unexpected infant death, 
     and sudden unexplained death in childhood through the 
     utilization of existing surveillance systems and 
     collaborating with States to improve the quality, 
     consistency, and collection of such data;
       (2) disseminating information to educate the public, health 
     care providers, and other stakeholders on stillbirth, sudden 
     unexpected infant death and sudden unexplained death in 
     childhood; and
       (3) collaborating with the Attorney General, State and 
     local departments of health, and other experts, as 
     appropriate, to provide consistent information for medical 
     examiners and coroners, law enforcement personnel, and health 
     care providers related to death scene investigations and 
     autopsies for sudden unexpected infant death and sudden 
     unexplained death in childhood, in order to improve the 
     quality and consistency of the data collected at such death 
     scenes and to promote consistent reporting on the cause of 
     death after autopsy to inform prevention, intervention, and 
     other activities.
       (b) Report to Congress.--Not later than 2 years after the 
     date of enactment of this Act, the Secretary of Health and 
     Human Services shall submit to Congress a report that 
     includes a description of any activities that are being 
     carried out by agencies within the Department of Health and 
     Human Services, including the Centers for Disease Control and 
     Prevention and the National Institutes of Health, related to 
     stillbirth, sudden unexpected infant death, and sudden 
     unexplained death in childhood, including those activities 
     identified under subsection (a).

     SEC. 3. NO ADDITIONAL APPROPRIATIONS.

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

                          ____________________