[Congressional Record (Bound Edition), Volume 150 (2004), Part 9]
[Senate]
[Pages 11189-11203]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. INOUYE (for himself, Mr. Stevens, Mr. Hollings, and Ms. 
        Cantwell):
  S. 2488. A bill to establish a program within the National Oceanic 
and Atmospheric Administration and the United States Coast Guard to 
help identify, assess, reduce, and prevent marine debris and its 
adverse impacts on the marine environment and navigation safety, in 
coordination with non-Federal entities, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mr. INOUYE. Mr. President, I rise today to introduce the Marine 
Debris Research and Reduction Act. From the shore, our oceans seem vast 
and limitless, but I fear that we often overlook the impacts our 
actions have on the sea and its resources. The Act that I am 
introducing today with my friends and colleagues, Senators Ted Stevens, 
Fritz Hollings, and Maria Cantwell focuses on one particular impact 
that goes unnoticed by many: marine debris.
  In a high-tech era of radiation, carcinogenic chemicals, and human-
induced climate change, the problem of the trash produced by ocean-
going vessels and dumped at sea must seem old-fashioned by comparison. 
Sea garbage would seem to be a simple issue that surely cannot rise to 
the priority level of the stresses our 21st century civilization places 
on the natural environment.
  Regrettably, that perception is wrong. While marine debris includes 
conventional ``trash,'' it also includes a vast array of additional 
materials. It is discarded fishing nets and gear. It is cargo washed 
overboard. It is abandoned equipment from our commercial fleets. Nor 
does the ``low-tech'' nature of solid refuse diminish its deadly impact 
on the creatures of the sea. Dead is dead--whether an animal dies from 
an immune system weakened by toxic chemicals, or drowns entangled in a 
discarded fishing net.
  Global warming, disease, and toxic contamination of our seas has 
already

[[Page 11190]]

stressed these fragile ecosystems. These threats have been described in 
the draft report of the U.S. Commission on Ocean Policy, which also 
dedicated an entire chapter to the threats posed by marine debris. The 
bill we introduce today adopts the measures recommended by the 
Commission to help remove man-made marine debris from the list of ocean 
threats. It also follows the recommendations of the International 
Marine Debris Conference held in my home State of Hawaii in 2000.
  The bill establishes a Marine Debris Prevention and Removal Program 
within the National Oceanic and Atmospheric Administration, NOAA, 
directs the U.S. Coast Guard to improve enforcement of laws designed to 
prevent ship-based pollution from plastics and other garbage, re-
invigorates an interagency committee on marine debris, and improves our 
research and information on marine debris sources, threats, and 
prevention.
  In Hawaii, we are able to see the impacts of marine debris more 
clearly than most because of the convergence caused by the North 
Pacific Tropical High. Atmospheric forces cause ocean surface currents 
to converge on Hawaii, bringing with them the vast amount of debris 
floating throughout the Pacific. In 2003 alone, 122 tons of debris were 
removed from coral reefs in the Northwestern Hawaiian Islands, which is 
also home to many endangered marine species.
  I am pleased that the coordinated approach taken to address the 
threats posed by marine debris in the Northwestern Hawaiian Islands has 
provided a model for the Nation. NOAA's Pacific Islands Region 
Fisheries Science Center is leading this interagency partnership, which 
also includes the U.S. Fish and Wildlife Service, Hawaii's business and 
university communities, and conservation groups. Not only have we 
removed debris that poses harm to endangered species, but with the help 
of donated services, we have recycled the abandoned nets into energy to 
power residential homes.
  We have learned that our best path to success lies in partnering with 
one another to share resources, and it is my hope that others may adapt 
our project to their own shores through the partnership and funding 
opportunities set forth in this bill. This is why the bill establishes 
an Interagency Committee on Marine Debris to coordinate marine debris 
prevention and removal efforts among federal agencies, state 
governments, universities, and non-governmental organizations.
  We must also bear in mind that no matter how zealously we reform our 
practices, the ultimate solution lies in international cooperation. The 
oceans connect the coastal nations of the world, and we must work 
together to reduce this increasing threat to our seas and shores. The 
Marine Debris Research and Reduction Act will provide the United States 
with the tools to develop effective marine debris prevention and 
removal programs on a worldwide basis, including reporting and 
information requirements that will assist in the creation of an 
international marine debris database.
  I hope you will join me in supporting enactment of the Marine Debris 
Research and Reduction Act. This bill will provide the United States 
with the programs and resources necessary to protect our most valuable 
resources, our oceans. I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2488

       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 ``Marine Debris Research and 
     Reduction Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress makes the following findings:
       (1) The oceans, which comprise nearly three quarters of the 
     Earth's surface, are an important source of food and provide 
     a wealth of other natural products that are important to the 
     economy of the United States and the world.
       (2) Ocean and coastal areas are regions of remarkably high 
     biological productivity, are of considerable importance for a 
     variety of recreational and commercial activities, and 
     provide a vital means of transportation.
       (3) Ocean and coastal resources are limited and susceptible 
     to change as a direct and indirect result of human 
     activities, and such changes can impact the ability of the 
     ocean to provide the benefits upon which the Nation depends.
       (4) Marine debris, including plastics, derelict fishing 
     gear, and a wide variety of other objects, has a harmful and 
     persistent effect on marine flora and fauna and can have 
     adverse impacts on human health and navigation safety.
       (5) Marine debris is also a hazard to navigation, putting 
     mariners and rescuers, their vessels, and consequently the 
     marine environment at risk, and can cause economic loss due 
     to entanglement of vessel systems.
       (6) Modern plastic materials persist for decades in the 
     marine environment and therefore pose the greatest potential 
     for long-term damage to the marine environment.
       (7) Lack of knowledge and data on the source, movement, and 
     effects of plastics and other marine debris in marine 
     ecosystems has hampered efforts to develop effective 
     approaches for addressing marine debris.
       (8) Lack of resources, priority attention to this issue, 
     and coordination at the Federal level has undermined the 
     development and implementation of a Federal program to 
     address marine debris, both domestically and internationally.
       (b) Purposes.--The purposes of this Act are--
       (1) to establish programs within the National Oceanic and 
     Atmospheric Administration and the United States Coast Guard 
     to help identify, assess, reduce, and prevent marine debris 
     and its adverse impacts on the marine environment and 
     navigation safety, in coordination with other Federal and 
     non-Federal entities;
       (2) to re-establish the Inter-agency Marine Debris 
     Coordinating Committee to ensure a coordinated government 
     response across Federal agencies;
       (3) to develop a Federal information clearinghouse to 
     enable researchers to study the scale and impact of marine 
     debris more efficiently; and
       (4) to take appropriate action in the international 
     community to prevent marine debris and reduce concentrations 
     of existing debris on a global scale.

     SEC. 3. NOAA MARINE DEBRIS PREVENTION AND REMOVAL PROGRAM.

       (a) Establishment of Program.--There is established, within 
     the National Oceanic and Atmospheric Administration, a Marine 
     Debris Prevention and Removal Program to reduce and prevent 
     the occurrence and adverse impacts of marine debris on the 
     marine environment and navigation safety.
       (b) Program Components.--Through the Program, the Under 
     Secretary for Oceans and Atmosphere (Under Secretary) shall 
     carry out the following activities:
       (1) Mapping, identification, impacts, removal, and 
     prevention.--The Under Secretary shall, in consultation with 
     relevant Federal agencies, undertake marine debris mapping, 
     identification, impact assessment, prevention, and removal 
     efforts, with a focus on marine debris posing a threat to 
     living marine resources (particularly endangered or protected 
     species) and navigation safety, including--
       (A) the establishment of a process for cataloguing and 
     maintaining an inventory of marine debris and its impacts 
     found in the United States navigable waters and the United 
     States exclusive economic zone, including location, material, 
     size, age, and origin, and impacts on habitat, living marine 
     resources, human health, and navigation safety;
       (B) measures to identify the origin, location, and 
     projected movement of marine debris within the United States 
     navigable waters and the United States exclusive economic 
     zone, including the use of oceanographic, atmospheric, 
     satellite, and remote sensing data; and
       (C) development and implementation of strategies, methods, 
     priorities, and a plan, for removing marine debris from 
     United States navigable waters and within the United States 
     exclusive economic zone, including development of local or 
     regional protocols for removal of derelict fishing gear.
       (2) Reducing and preventing loss of gear.--The Under 
     Secretary shall improve efforts and actively seek to prevent 
     and reduce commercial fishing gear losses, as well as to 
     reduce adverse impacts of such gear on living marine 
     resources and navigation safety, including--
       (A) research and development of alternatives to gear posing 
     threats to the marine environment, and methods for marking 
     gear used in specific fisheries to enhance the tracking and 
     identification of lost gear; and
       (B) development of voluntary or mandatory management 
     measures to reduce the loss and discard of commercial fishing 
     gear, such as incentive programs, observer programs, toll-
     free reporting hotlines, and computer-based notification 
     forms.

[[Page 11191]]

       (3) Outreach.--The Under Secretary shall undertake outreach 
     and education of stakeholders, including the fishing, gear 
     manufacturers, and other marine-dependent industries, on 
     threats associated with marine debris and approaches to 
     identify, prevent, mitigate, monitor, and remove marine 
     debris, including outreach and education activities through 
     public-private initiatives. The Under Secretary shall 
     coordinate outreach and education activities under this 
     paragraph with any outreach programs conducted under section 
     2204 of the Marine Plastic Pollution Research and Control Act 
     of 1987 (33 U.S.C. 1915).
       (c) Grants.--
       (1) In general.--The Under Secretary shall provide 
     financial assistance, in the form of grants, through the 
     Program for projects to accomplish the purposes of this Act.
       (2) 50 percent matching requirement.--
       (A) In general.--Except as provided in subparagraph (B), 
     Federal funds for any project under this section may not 
     exceed 50 percent of the total cost of such project. For 
     purposes of this subparagraph, the non-Federal share of 
     project costs may be provided by in-kind contributions and 
     other noncash support.
       (B) Waiver.--The Under Secretary may waive all or part of 
     the matching requirement under subparagraph (A) if the Under 
     Secretary determines that no reasonable means are available 
     through which applicants can meet the matching requirement 
     and the probable benefit of such project outweighs the public 
     interest in such matching requirement.
       (3) Amounts paid and services rendered under consent.--
       (A) Consent decrees and orders.--The non-Federal share of 
     the cost of a project carried out under this Act may include 
     money paid pursuant to, or the value of any in-kind service 
     performed under, an administrative order on consent or 
     judicial consent decree that will remove or prevent marine 
     debris.
       (B) Other decrees and orders.--The non-Federal share of the 
     cost of a project carried out under this Act may not include 
     any money paid pursuant to, or the value of any in-kind 
     service performed under, any other administrative order or 
     court order.
       (4) Eligibility.--Any natural resource management authority 
     of a State or other government authority whose activities 
     directly or indirectly affect research or regulation of 
     marine debris, and any educational or nongovernmental 
     institutions with demonstrated expertise in a field related 
     to marine debris, are eligible to submit to the Under 
     Secretary a marine debris proposal under the grant program.
       (5) Grant criteria and guidelines.--Within 180 days after 
     the date of enactment of this Act, the Under Secretary shall 
     promulgate necessary guidelines for implementation of the 
     grant program, including development of criteria and 
     priorities for grants. In developing those guidelines, the 
     Under Secretary shall consult with--
       (A) the Interagency Marine Debris Committee;
       (B) regional fishery management councils established under 
     the Magnuson- Stevens Fishery Conservation and Management Act 
     (16 U.S.C. 1801 et seq.);
       (C) State, regional, and local entities with marine debris 
     experience;
       (D) marine-dependent industries; and
       (E) non-governmental organizations involved in marine 
     debris research and mitigation activities (including 
     activities regarding commercial fishing gear).
       (6) Project review and approval.--The Under Secretary shall 
     review each marine debris project proposal to determine if it 
     meets the grant criteria and supports the goals of the Act. 
     Not later than 120 days after receiving a project proposal 
     under this section, the Under Secretary shall--
       (A) provide for external merit-based peer review of the 
     proposal;
       (B) after considering any written comments and 
     recommendations based on the review, approve or disapprove 
     the proposal; and
       (C) provide written notification of that approval or 
     disapproval to the person who submitted the proposal.
       (7) Project reporting.--Each grantee under this section 
     shall provide periodic reports as required by the Under 
     Secretary. Each report shall include all information required 
     by the Under Secretary for evaluating the progress and 
     success of the project.

     SEC. 4. COAST GUARD PROGRAM.

       The Commandant of the Coast Guard shall, in cooperation 
     with the Under Secretary, undertake measures to reduce 
     violations of MARPOL Annex V and the Act to Prevent Pollution 
     from Ships (33 U.S.C. 1901 et seq.) with respect to the 
     discard of plastics and other garbage from vessels. The 
     measures shall include--
       (1) the development of a strategy to improve monitoring and 
     enforcement of current laws, as well as recommendations for 
     statutory or regulatory changes to improve compliance and for 
     the development of any appropriate amendments to MARPOL;
       (2) regulations to improve the implementation of the 
     requirement of MARPOL Annex V and the Act to Prevent 
     Pollution from Ships (33 U.S.C. 1901 et seq.) that all United 
     States ports and terminals maintain receptacles for disposing 
     of plastics, including measures to ensure that a sufficient 
     quantity of such facilities exist at all such ports and 
     terminals, requirements for logging the waste received, and 
     for Coast Guard comparison of vessel and port log books to 
     determine compliance;
       (3) regulations to require vessels, including fishing 
     vessels under 400 gross tons, entering United States ports to 
     maintain records subject to Coast Guard inspection on the 
     disposal of plastics and other garbage, that, at a minimum, 
     include the time, date, type of garbage, quantity, and 
     location of discharge by latitude and longitude or, if 
     discharged on land, the name of the port where such material 
     is offloaded for disposal;
       (4) regulations to require United States fishing vessels to 
     report the loss and recovery of fishing gear and to expand to 
     smaller vessels existing requirements to maintain ship-board 
     receptacles and maintain a ship-board waste management plan, 
     taking into account potential economic impacts, technical 
     feasibility, and other factors;
       (5) the development, through outreach to commercial vessel 
     operators and recreational boaters, of a voluntary reporting 
     program, along with the establishment of a central reporting 
     location, for incidents of damage to vessels caused by marine 
     debris, as well as observed violations of existing laws and 
     regulations relating to disposal of plastics and other marine 
     debris; and
       (6) a voluntary program encouraging United States flag 
     vessels to inform the Coast Guard of any ports in other 
     countries that lack adequate port reception facilities for 
     garbage.

     SEC. 5. INTERAGENCY COORDINATION.

       (a) Interagency Marine Debris Committee Established.--There 
     is established an Interagency Committee on Marine Debris to 
     coordinate a comprehensive program of marine debris research 
     and activities among Federal agencies, in cooperation and 
     coordination with non-governmental organizations, industry, 
     universities, and research institutions, State governments, 
     Indian tribes, and other nations, as appropriate, and to 
     foster cost-effective mechanisms to identify, assess, reduce, 
     and prevent marine debris, including the joint funding of 
     research and mitigation and prevention strategies.
       (b) Membership.--The Committee shall include a senior 
     official from--
       (1) the National Oceanic and Atmospheric Administration, 
     who shall serve as the chairperson of the Committee;
       (2) the United States Coast Guard;
       (3) the Environmental Protection Agency;
       (4) the United States Navy;
       (5) the Maritime Administration of the Department of 
     Transportation;
       (6) the National Aeronautics and Space Administration;
       (7) the Marine Mammal Commission; and
       (8) such other Federal agencies that have an interest in 
     ocean issues or water pollution prevention and control as the 
     Secretary of Commerce determines appropriate.
       (c) Meetings.--The Committee shall meet at least twice a 
     year to provide a forum to ensure the coordination of 
     national and international research, monitoring, education, 
     and regulatory actions addressing the persistent marine 
     debris problem.
       (d) Reporting.--
       (1) Interagency report on marine debris impacts and 
     strategies.--Not later than 12 months after the date of the 
     enactment of this Act, the Committee, through the 
     chairperson, and in cooperation with the coastal States, 
     Indian tribes, local governments, and non-governmental 
     organizations, shall complete and submit to the Congress a 
     report examining the ecological and economic impact of marine 
     debris, alternatives for reducing, mitigating, preventing, 
     and controlling the harmful affects of marine debris, and the 
     social and economic costs and benefits of such alternatives.
       (2) Contents.--The report submitted under paragraph (1) 
     shall provide recommendations on--
       (A) establishing priority areas for action to address 
     leading problems relating to marine debris;
       (B) developing an effective strategy and approaches to 
     reducing, removing, and disposing of marine debris, including 
     through private-public partnerships;
       (C) providing appropriate infrastructure for effective 
     implementation and enforcement of measures to prevent and 
     remove marine debris, especially the discard and loss of 
     fishing gear;
       (D) establishing effective and coordinated education and 
     outreach activities; and
       (E) ensuring Federal cooperation with, and assistance to, 
     the coastal States (as defined in section 304(4) of the 
     Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4))), 
     Indian tribes, and local governments in the prevention, 
     reduction, management, mitigation, and control of marine 
     debris and its adverse impacts.
       (3) Annual progress reports.--Not later than 2 years after 
     the date of the enactment of this Act, and every year 
     thereafter, the Committee, through the chairperson, shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Resources 
     of the House of Representatives a report that evaluates 
     United States and international progress in meeting the 
     purposes of this Act. The report shall include--

[[Page 11192]]

       (A) the status of implementation of the recommendations of 
     the Committee and analysis of their effectiveness;
       (B) a summary of the marine debris inventory to be 
     maintained by the National Oceanic and Atmospheric 
     Administration;
       (C) a review of the National Oceanic and Atmospheric 
     Administration program authorized by section 3 of this Act, 
     including projects funded and accomplishments relating to 
     reduction and prevention of marine debris;
       (D) a review of United States Coast Guard programs and 
     accomplishments relating to marine debris removal, including 
     enforcement and compliance with MARPOL requirements; and
       (E) estimated Federal and non-Federal funding provided for 
     marine debris and recommendations for priority funding needs.
       (e) Conforming Amendment.--Section 2203 of the Marine 
     Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 
     1914) is repealed.

     SEC. 6. INTERNATIONAL COOPERATION.

       The Interagency Marine Debris Committee shall develop a 
     strategy and pursue in the International Maritime 
     Organization and other appropriate international and regional 
     forums, international action to reduce the incidence of 
     marine debris, including--
       (1) the inclusion of effective and enforceable marine 
     debris prevention and removal measures in international and 
     regional agreements, including fisheries agreements and 
     maritime agreements;
       (2) measures to strengthen and to improve compliance with 
     MARPOL Annex V;
       (3) national reporting and information requirements that 
     will assist in improving information collection, 
     identification and monitoring of marine debris, including 
     plastics and derelict fishing gear;
       (4) the establishment of an international database, 
     consistent with the information clearinghouse established 
     under section 7, that will provide current information on 
     location, source, prevention, and removal of marine debris, 
     including fishing gear;
       (5) the establishment of public-private partnerships and 
     funding sources for pilot programs that will assist in 
     implementation and compliance with marine debris requirements 
     in international agreements and guidelines;
       (6) the identification of possible amendments to and 
     provisions in the International Maritime Organization 
     Guidelines for the Implementation of Annex V of MARPOL for 
     potential inclusion in Annex V; and
       (7) when appropriate assist the responsible Federal agency 
     in bilateral negotiations to effectively enforce marine 
     debris prevention.

     SEC. 7. FEDERAL INFORMATION CLEARINGHOUSE.

       The Under Secretary, in coordination with the Committee, 
     shall maintain a Federal information clearinghouse on marine 
     debris that will be available to researchers and other 
     interested parties to improve source identification, data 
     sharing, and monitoring efforts through collaborative 
     research and open sharing of data. The clearinghouse shall 
     include--
       (1) standardized protocols to map locations of commercial 
     fishing and aquaculture activities using Geographic 
     Information System techniques;
       (2) a world-wide database which describes fishing gear and 
     equipment, and fishing practices, including information on 
     gear types and specifications;
       (3) guidance on the identification of gear fragments; and
       (4) the data on mapping and identification of marine debris 
     to be developed pursuant to section 3(b)(1) of this Act.

     SEC. 8. DEFINITIONS.

       In this Act:
       (1) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary for Oceans and Atmosphere of the 
     Department of Commerce.
       (2) Committee.--The term ``Committee'' means the 
     Interagency Marine Debris Committee established by section 5 
     of this Act.
       (3) United states exclusive economic zone.--The term 
     ``United States exclusive economic zone'' means the zone 
     established by Presidential Proclamation Numbered 5030, dated 
     March 10, 1983, including the ocean waters of the areas 
     referred to as ``eastern special areas'' in Article 3(1) of 
     the Agreement between the United States of America and the 
     Union of Soviet Socialist Republics on the Maritime Boundary, 
     signed June 1, 1990.
       (4) MARPOL; annex v; convention.--The terms ``MARPOL'', 
     ``Annex 5'', and ``Convention'' have the meaning given those 
     terms in paragraphs (3) and (4) of section 2(a) of the Act to 
     Prevent Pollution from Ships (33 U.S.C. 1901(a)).

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for fiscal year 
     2005--
       (1) to the Secretary of Commerce for the purpose of 
     carrying out sections 3 and 7 of this Act, $10,000,000, of 
     which no more than 10 percent may be for administrative 
     costs; and
       (2) to the Secretary of the Department in which the Coast 
     Guard is operating, for the use of the Commandant of the 
     Coast Guard in carrying out sections 4 and 6 of this Act, 
     $5,000,000, of which no more than 10 percent may be used for 
     administrative costs.
                                 ______
                                 
      By Mr. INOUYE (for himself, Mr. Stevens, Mr. Hollings, Mr. Gregg, 
        Ms. Snowe, and Mr. Lott):
  S. 2489. A bill to establish a program within the National Oceanic 
and Atmospheric Administration to integrate Federal coastal and ocean 
mapping activities; to the Committee on Commerce, Science, and 
Transportation.
  Mr. INOUYE. Mr. President, I rise to introduce the Coastal and Ocean 
Mapping Integration Act of 2004. I am pleased to be joined by Senators 
Gregg and Hollings, who are original cosponsors of the bill. The 
jurisdiction of the United States extends 200 miles beyond its 
coastline and includes the U.S. Territorial Sea and Exclusive Economic 
Zone, or ``EEZ.'' Regrettably, nearly 90 percent of this expanse 
remains unmapped by modern technologies, meaning that we have almost no 
information about a swath of ocean as large as the terra firma of the 
entire United States.
  There was a time in the history of our Nation when our best efforts 
to map the seas meant lowering weights tied to piano wire over the side 
of a vessel, and measuring how deep they went. These efforts led to the 
development of rudimentary nautical charts designed to help mariners 
navigate safely. The rapidly increasing uses of our coastal and ocean 
waters, however, call for development of a new generation of ecosystem-
oriented mapping and assessment products and services.
  The technologies of today create richly layered mapping products that 
expand far beyond just charting for safe navigation. Now, by combining 
such information as mineral surveys of the U.S. Geological Service, 
habitat characterizations of the National Oceanic Atmospheric 
Administration (NOAA), and watershed assessments of the Environmental 
Protection Agency into a single product, map users are able to consider 
the impacts of their actions on multiple facets of the marine 
environment.
  The recent draft report of the U.S. Commission on Ocean Policy has 
highlighted the urgent need to modernize, improve, expand, and 
integrate Federal mapping efforts to improve navigation, safety and 
resource management decisionmaking. By employing integrated mapping 
approaches, urban and residential growth can be directed away from 
areas of high risk from ocean-based threats such as tsunami and tidal 
surge. The risks of maritime activities can be minimized by identifying 
hazards that could impact on sensitive ecosystems, and devising 
appropriate mitigation plans. Living marine resource managers can also 
gauge where and how best to focus their efforts to restore essential 
marine habitats.
  The bill I am introducing today will lay the foundation for producing 
the ocean maps of the 21st century. It mandates coordination among the 
many Federal agencies with mapping missions with NOAA as the lead in 
developing national mapping priorities and strategies. The bill would 
also establish national hydrographic centers to manage comprehensively 
the mapping data produced by the Federal Government, encourage 
innovation in technologies, and authorize the funding necessary to 
implement this comprehensive effort.
  Perhaps the most important lesson that comprehensive, integrated 
mapping can afford is an awareness of a web of human marine communities 
as rich and varied as the ocean itself. From awareness grows 
understanding, respect, and cooperation. I hope that my colleagues will 
join me in supporting this measure that will, in turn, support the 
development of healthy coastal communities across the nation.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2489

       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 ``Coastal and Ocean Mapping 
     Integration Act''.

[[Page 11193]]



     SEC. 2. INTEGRATED COASTAL AND OCEAN MAPPING PROGRAM.

       (a) In General.--The Administrator of the National Oceanic 
     and Atmospheric Administration shall establish a program to 
     develop, in coordination with the Interagency Committee on 
     Coastal and Ocean Mapping, a coordinated and comprehensive 
     Federal ocean and coastal mapping program for the Great Lakes 
     and Coastal State waters, the territorial sea, the exclusive 
     economic zone, and the continental shelf of the United States 
     that enhances conservation and management of marine 
     resources, improves decision-making regarding research 
     priorities and the siting of research and other platforms, 
     and advances coastal and ocean science.
       (b) Program Parameters.--In developing such a program, the 
     Administrator shall work with the Committee to--
       (1) identify all Federal programs conducting shoreline 
     delineation and coastal or ocean mapping, noting geographic 
     coverage, frequency, spatial coverage, resolution, and 
     subject matter focus of the data and location of data 
     archives;
       (2) promote cost-effective, cooperative mapping efforts 
     among all Federal coastal and ocean mapping agencies by 
     increasing data sharing, developing data acquisition and 
     metadata standards, and facilitating the interoperability of 
     in situ data collection systems, data processing, archiving, 
     and distribution of data products;
       (3) facilitate the adaptation of existing technologies as 
     well as foster expertise in new coastal and ocean mapping 
     technologies by engaging in cooperative training programs and 
     leveraging agency expertise, non-governmental organizations, 
     and private sector resources to efficiently meet Federal 
     mapping mandates;
       (4) develop standards and protocols for testing innovative 
     experimental mapping technologies and transferring new 
     technologies to the private sector;
       (5) centrally archive, manage, and distribute data sets as 
     well as provide mapping products and services to the general 
     public in service of statutory requirements; and
       (6) develop specific data presentation methods for use by 
     Federal, State, and other entities that document locations of 
     Federally permitted activities, submerged cultural resources, 
     undersea cables, offshore aquaculture projects, and any areas 
     designated for the purposes of environmental protection or 
     conservation and management of living marine resources.

     SEC. 3. INTERAGENCY COMMITTEE ON COASTAL AND OCEAN MAPPING.

       (a) Establishment.--There is hereby established an 
     Interagency Committee on Coastal and Ocean Mapping.
       (b) Membership.--The Committee shall be comprised of senior 
     representatives from Federal agencies with ocean and coastal 
     mapping and surveying responsibilities. The representatives 
     shall be high-ranking officials of their respective agencies 
     or departments and, whenever possible, the head of the 
     portion of the agency or department that is most relevant to 
     the purposes of this Act. Membership shall include senior 
     representatives from the National Oceanic and Atmospheric 
     Administration, the Chief of Naval Operations, the United 
     States Geological Survey, Minerals Management Service, 
     National Science Foundation, National Geospatial-Intelligence 
     Agency, United States Army Corps of Engineers, United States 
     Coast Guard, Environmental Protection Agency, Federal 
     Emergency Management Agency and National Aeronautics and 
     Space Administration, and other appropriate Federal agencies 
     involved in ocean and coastal mapping.
       (c) Chairman.--The Committee shall be chaired by the 
     representative from the National Oceanic and Atmospheric 
     Administration. The chairman may create subcommittees chaired 
     by any member agency of the committee. Working groups may be 
     formed by the full Committee to address issues of short 
     duration.
       (d) Meetings.--The Committee shall meet on a quarterly 
     basis, but subcommittee or working group meetings shall meet 
     on an as-needed basis.
       (e) Coordination.--The committee should coordinate 
     activities, when appropriate, with other Federal efforts, 
     including the Digital Coast, Geospatial One-Stop, and the 
     Federal Geographic Data Committee.

     SEC. 4. NOAA INTEGRATED MAPPING INITIATIVE.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the Committee, shall develop and submit to the Congress 
     a plan for an integrated coastal and ocean mapping initiative 
     within the National Oceanic and Atmospheric Administration.
       (b) Plan Requirements.--The plan shall--
       (1) identify and describe all coastal and ocean mapping 
     programs within the agency, including those that conduct 
     mapping or related activities in the course of existing 
     missions, such as hydrographic surveys, ocean exploration 
     projects, living marine resource conservation and management 
     programs, coastal zone management projects, and coastal and 
     ocean science projects;
       (2) establish geographic priorities and minimum data 
     acquisition and metadata standards for those programs;
       (3) encourage the development of innovative coastal and 
     ocean mapping technologies and applications through research 
     and development cooperative agreements at joint institutes;
       (4) document available and developing technologies, best 
     practices in data processing and distribution, and leveraging 
     opportunities with other Federal agencies, non-governmental 
     organizations, and the private sector;
       (5) identify training, technology, and other resource 
     requirements for enabling the National Oceanic and 
     Atmospheric Administration's programs, ships, and aircraft to 
     support a coordinated coastal and ocean mapping program;
       (5) identify a centralized mechanism for coordinating data 
     collection, processing, archiving, and dissemination 
     activities of all such mapping programs within the National 
     Oceanic and Atmospheric Administration, including--
       (A) designating primary data processing centers to maximize 
     efficiency in information technology investment, develop 
     consistency in data processing, and meet Federal mandates for 
     data accessibility; and
       (B) designating a repository that is responsible for 
     archiving and managing the distribution of all coastal and 
     ocean mapping data to simplify the provision of services to 
     benefit Federal and State programs; and
       (6) set forth a timetable for implementation and completion 
     of the plan, including a schedule for periodic Congressional 
     progress reports, and recommendations for integrating 
     approaches developed under the initiative into the 
     interagency program.
       (c) NOAA Joint Hydrographic Centers.--The Secretary is 
     authorized to maintain and operate up to 3 joint hydrographic 
     centers, which shall be co-located with an institution of 
     higher education. The centers shall serve as hydrographic 
     centers of excellence and are authorized to conduct 
     activities necessary to carry out the purposes of this Act, 
     including--
       (1) research and development of innovative coastal and 
     ocean mapping technologies, equipment, and data products;
       (2) mapping of the United States outer continental shelf;
       (3) data processing for non-traditional data and uses;
       (4) advancing the use of remote sensing technologies, for 
     related issues, including mapping and assessment of essential 
     fish habitat and of coral resources, ocean observations and 
     ocean exploration; and
       (5) providing graduate education in hydrographic sciences 
     for National Oceanic and Atmospheric Administration 
     Commissioned Officer Corps and civilian personnel.

     SEC. 5. INTERAGENCY PROGRAM REPORTING.

       No later than 18 months after the date of enactment of this 
     Act, and bi-annually thereafter, the Chairman of the 
     Committee shall transmit to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Resources a report detailing progress made in 
     implementing the provisions of this Act, including--
       (1) an inventory of data within the territorial seas and 
     the exclusive economic zone and throughout the continental 
     shelf of the United States, noting the age and source of the 
     survey and the spatial resolution (metadata) of the data;
       (2) identification of priority areas in need of survey 
     coverage using present technologies;
       (3) a resource plan that identifies when priority areas in 
     need of modern coastal and ocean mapping surveys can be 
     accomplished;
       (4) the status of efforts to produce integrated digital 
     maps of coastal and ocean areas;
       (5) a description of any products resulting from 
     coordinated mapping efforts under this Act that improve 
     public understanding of the coasts, oceans, or regulatory 
     decision-making;
       (6) documentation of minimum and desired standards for data 
     acquisition and integrated metadata;
       (7) a statement of the status of Federal efforts to 
     leverage mapping technologies, coordinate mapping activities, 
     share expertise, and exchange data;
       (8) a statement of resource requirements for organizations 
     to meet the goals of the program, including technology needs 
     for data acquisition, processing and distribution systems;
       (9) a statement of the status of efforts to declassify data 
     gathered by the Navy, the National Geospatial-Intelligence 
     Agency and other agencies to the extent possible without 
     jeopardizing national security, and make it available to 
     partner agencies and the public; and
       (10) a resource plan for a digital coast integrated mapping 
     pilot project for the northern Gulf of Mexico that will--
       (A) cover the area from the authorized coastal counties 
     through the territorial sea; and
       (B) identify how such a pilot project will leverage public 
     and private mapping data and resources, such as the United 
     States Geological Survey National Map, to result in an 
     operational coastal change assessment program for the 
     subregion.

[[Page 11194]]



     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--In addition to the amounts authorized by 
     section 306 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892d), there are authorized to be 
     appropriated to the Administrator to carry out this Act--
       (1) $20,000,000 for fiscal year 2005;
       (2) $26,000,000 for fiscal year 2006;
       (3) $32,000,000 for fiscal year 2007;
       (4) $38,000,000 for fiscal year 2008; and
       (5) $45,000,000 for each of fiscal years 2009 through 2012.
       (b) Joint Hydrographic Centers.--Of the amounts 
     appropriated pursuant to subsection (a), the following 
     amounts shall be used to carry out section 4(c) of this Act:
       (1) $10,000,000 for fiscal year 2005.
       (2) $11,000,000 for fiscal year 2006.
       (3) $12,000,000 for fiscal year 2006.
       (4) $13,000,000 for fiscal year 2006.
       (5) $15,000,000 for each of fiscal years 2009 through 2012.

     SEC. 7. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       (2) Committee.--The term ``Committee'' means the 
     Interagency Ocean Mapping Committee established by section 3.
       (3) Exclusive economic zone.--The term ``exclusive economic 
     zone'' means the exclusive economic zone of the United States 
     established by Presidential Proclamation No. 5030, of March 
     10, 1983.
       (4) Ocean and coastal mapping.--The term ``ocean and 
     coastal mapping'' means the collection of physical, 
     biological, geological, chemical, and archaeological 
     characteristics of ocean and coastal sea beds through the use 
     of acoustics, satellites, aerial photogrammetry, light and 
     imaging, and direct sampling.
       (5) Territorial sea.--The term ``territorial sea'' means 
     the belt of sea measured from the baseline of the United 
     States determined in accordance with international law, as 
     set forth in Presidential Proclamation Number 5928, dated 
     December 27, 1988.
                                 ______
                                 
      By Mr. INOUYE (for himself and Mr. Stevens):
  S. 2490. A bill to amend the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 to establish vessel ballast water 
management requirements, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. INOUYE. Mr. President, I rise today to introduce the Ballast 
Water Management Act of 2004. I am joined by my friend and colleague, 
Senator Ted Stevens. For some time, we have recognized the impacts of 
land-based invasive species. In Hawaii, the impacts of such alien 
species on native species have been among the most significant in the 
country.
  While not as visible, invasive species pose an equally great threat. 
One of the major ways that aquatic invasives make their way around the 
globe is through the ballast water used by vessels.
  Modern maritime commerce depends on ships stabilized by the uptake 
and discharge of huge volumes of ocean water for ballast. Regrettably, 
ships do not transport such water alone--but also the plants and 
animals, as well as human diseases such as cholera, that it contains. 
An estimated 10,000 aquatic organisms travel around the globe each day 
in the ballast water of cargo vessels. Over 2 billion gallons of 
ballast water are discharged into waters of the United States each 
year.
  From the zebra mussel fouling the facilities and shores of the Great 
Lakes, to the noxious algae that choke the coral reefs of Hawaii, 
aquatic invasive species pose a serious threat to delicate marine 
ecosystems and human health. The economic costs are also staggering--
the direct and indirect costs of aquatic invasive species to the 
economy of the United States amount to billions of dollars each year.
  We must find an effective solution to this problem, while at the same 
time ensuring that our maritime industry can continue to operate in a 
cost-effective manner. We will need to rely on the steady collaborative 
efforts of industry, science, government, and coastal communities as we 
move forward.
  The bill I introduce today lays the foundation for such progress. It 
establishes standards for ballast water treatment that will be 
effective but on a schedule that our maritime fleet can realistically 
achieve. It recognizes safety as a paramount concern, and allows 
flexibility in ballast exchange practices to safeguard vessels and 
their passengers and crew. Looking to the future, my bill will also 
encourage the development and adoption of new ballast water treatment 
technologies, as well as innovative technologies to address other 
vessel sources of invasives such as hull fouling, through a grant 
program.
  The bill closely tracks and is consistent with an agreement recently 
negotiated in the International Maritime Organization. It would phase-
in ballast water treatment requirements on the same schedule as that 
adopted by the IMO agreement, and require ballast water exchange to be 
used until treatment systems are in place. Importantly, the 
international agreement includes a provision assuring that parties can 
adopt more stringent measures than those included in the agreement. 
This provision was sought by the United States and is important to 
assure the sovereignty of nations in addressing their needs while 
striving for international cooperation. In light of this provision, the 
bill includes a standard for treatment that is more effective than that 
adopted by the international community to ensure that the impacts in 
the United States are adequately prevented.
  I hope that my colleagues will join me in supporting this bill. I ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2490

       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 ``Ballast Water Management Act 
     of 2004''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) The introduction of aquatic invasive species into the 
     Nation's waters is one of the most urgent issues facing the 
     marine environment in the United States.
       (2) The direct and indirect costs of aquatic invasive 
     species to the economy of the United States amount to 
     billions of dollars per year.
       (3) Invasive species are thought to have been involved in 
     70 percent of the last century's extinctions of native 
     aquatic species.
       (4) Invasive aquatic species are a significant problem in 
     all regions of the United States, including Hawaii, Alaska, 
     San Francisco Bay, the Great Lakes, the Southeast, and the 
     Chesapeake Bay.
       (5) Ballast water from ships is one of the largest pathways 
     for the introduction and spread of aquatic invasive species.
       (6) It has been estimated that some 10,000 non-indigenous 
     aquatic organisms travel around the globe each day in the 
     ballast water of cargo ships.
       (7) Over 2 billion gallons of ballast water are discharged 
     in United States waters each year. Ballast water may be the 
     source of the largest volume of foreign organisms released on 
     a daily basis into American ecosystems.
       (8) Ballast water has been found to transport not only 
     invasive plants and animals but human diseases as well, such 
     as cholera.
       (9) Invasive aquatic species may originate in other 
     countries, or from distinct regions in the United States.
       (10) An average of 72 percent of all fish species 
     introduced in the Southeast have become established, many of 
     which are native to the United States but transplanted 
     outside their native ranges.
       (11) The introduction of non-indigenous species has been 
     closely correlated with the disappearance of indigenous 
     species in Hawaii and other islands.
       (12) Despite the efforts of more than 20 State, Federal, 
     and private agencies, unwanted alien pests are entering 
     Hawaii at an alarming rate----about 2 million times more 
     rapid than the natural rate.
       (13) Current Federal programs are insufficient to 
     effectively address this growing problem.
       (14) Preventing aquatic invasive species from being 
     introduced is the most cost-effective approach for addressing 
     this issue, because once established, they are costly and 
     sometimes impossible to control.

     SEC. 3. BALLAST WATER MANAGEMENT.

       (a) In General.--Section 1101 of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711) 
     is amended to read as follows:

     ``SEC. 1101. BALLAST WATER MANAGEMENT.

       ``(a) Vessels to Which Section Applies.--
       ``(1) In General.--This section applies to a vessel that is 
     designed or constructed to carry ballast water; and
       ``(A) is a vessel of the United States (as defined in 
     section 2101(46) of title 46, United States Code); or
       ``(B) is a foreign vessel that is en route to, or has 
     departed from, a United States port.
       ``(2) Exceptions.--Notwithstanding paragraph (1), this 
     section does not apply to--

[[Page 11195]]

       ``(A) permanent ballast water in a sealed tank on a vessel 
     that is not subject to discharge;
       ``(B) a vessel of the Armed Forces; or
       ``(C) a vessel, or category of vessels, exempted by the 
     Secretary under paragraph (4).
       ``(3) Standards for vessels of the armed forces.--With 
     respect to a vessel of the Armed Forces that is designed or 
     constructed to carry ballast water, the Secretary of Defense, 
     after consultation with the Administrator of the 
     Environmental Protection Agency and the Secretary, shall 
     promulgate ballast water and sediment management standards 
     for such vessels that, so far as is reasonable and 
     practicable, achieve environmental results that are 
     comparable to those achieved by the requirements of this 
     section in waters subject to the jurisdiction of the United 
     States. In promulgating those standards, the Secretary of 
     Defense may take into account the standards promulgated for 
     such vessels under section 312 of the Clean Water Act (33 
     U.S.C. 1322) to the extent that compliance with those 
     standards would meet the requirements of this Act.
       ``(4) Vessel exemptions by secretary.--The Secretary may 
     exempt a vessel, or category of vessels, from the application 
     of this section if the Secretary determines, after 
     consultation with the Administrator of the Environmental 
     Protection Agency and the Administrator of the National 
     Oceanic and Atmospheric Administration, that ballast water 
     discharge from the vessel or category of vessels will not 
     have an adverse impact (as defined in section 1003(1) of this 
     Act), based on factors including the origin and destination 
     of the voyages undertaken by such vessel or category of 
     vessels.
       ``(5) Coast Guard Assessment and Report.--Within 180 days 
     after the date of enactment of the Ballast Water Management 
     Act of 2004, the Commandant of the Coast Guard shall transmit 
     a report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure containing--
       ``(A) an assessment of the magnitude of ballast water 
     operations from vessels designed or constructed to carry 
     ballast water that are not described in paragraph (1) that 
     are transiting waters subject to the jurisdiction of the 
     United States; and
       ``(B) recommendations, including legislative 
     recommendations if appropriate, of options for addressing 
     such ballast water operations.
       ``(b) Uptake and Discharge of Ballast Water and Sediment.--
       ``(1) Prohibition.--Except as provided in this section, no 
     person may uptake or discharge ballast water and sediment 
     from a vessel to which this section applies into waters 
     subject to the jurisdiction of the United States.
       ``(2) Exceptions.--Paragraph (1) does not apply to the 
     uptake or discharge of ballast water and sediment in the 
     following circumstances:
       ``(A) The uptake or discharge is solely for the purpose 
     of--
       ``(i) ensuring the safety of vessel in an emergency 
     situation; or
       ``(ii) saving a life at sea.
       ``(B) The uptake or discharge is accidental and the result 
     of damage to the vessel or its equipment and--
       ``(i) all reasonable precautions to prevent or minimize 
     ballast water and sediment discharge have been taken before 
     and after the damage occurs, the discovery of the damage, and 
     the discharge; and
       ``(ii) the owner or officer in charge of the vessel did not 
     willfully or recklessly cause the damage.
       ``(C) The uptake or discharge is solely for the purpose of 
     avoiding or minimizing the discharge of pollution from the 
     vessel.
       ``(D) The uptake and subsequent discharge on the high seas 
     of the same ballast water and sediment.
       ``(E) The uptake or discharge of ballast water and sediment 
     occurs at the same location where the whole of the ballast 
     water and sediment that is discharged was taken up and there 
     is no mixing with unmanaged ballast water and sediment from 
     another area.
       ``(3) Special rule for United States flag vessels.--For a 
     vessel described in subsection (a)(1)(A), paragraph (1) of 
     this subsection shall be applied without regard to whether 
     the uptake or discharge occurs in waters subject to the 
     jurisdiction of the United States.
       ``(4) Special rule for the Great Lakes.--Paragraph (2) does 
     not apply to a vessel subject to the regulations under 
     subsection (e)(2) until the vessel is required to conduct 
     ballast water treatment in accordance with subsection (f) of 
     this section.
       ``(c) Vessel Ballast Water Management Plan.--
       ``(1) In general.--A vessel to which this section applies 
     shall conduct all its ballast water management operations in 
     accordance with a ballast water management plan that--
       ``(A) meets the requirements prescribed by the Secretary by 
     regulation; and
       ``(B) is approved by the Secretary.
       ``(2) Approval criteria.--The Secretary may not approve a 
     ballast water management plan unless the Secretary determines 
     that the plan--
       ``(A) describes in detail safety procedures for the vessel 
     and crew associated with ballast water management;
       ``(B) describes in detail the actions to be taken to 
     implement the ballast water management requirements 
     established under this section;
       ``(C) describes in detail procedures for disposal of 
     sediment at sea and on shore;
       ``(D) designates the officer on board the vessel in charge 
     of ensuring that the plan is properly implemented;
       ``(E) contains the reporting requirements for vessels 
     established under this section; and
       ``(F) meets all other requirements prescribed by the 
     Secretary.
       ``(3) Copy of plan on board vessel.--The owner or operator 
     of a vessel to which this section applies shall maintain a 
     copy of the vessel's ballast water management plan on board 
     at all times.
       ``(d) Vessel Ballast Water Record Book.--
       ``(1) In general.--The owner or operator of a vessel to 
     which this section applies shall maintain a ballast water 
     record book on board the vessel in which--
       ``(A) each operation involving ballast water is fully 
     recorded without delay, in accordance with regulations 
     promulgated by the Secretary; and
       ``(B) each such operation is described in detail, including 
     the location and circumstances of, and the reason for, the 
     operation.
       ``(2) Availability.--The ballast water record book--
       ``(A) shall be kept readily available for examination by 
     the Secretary at all reasonable times; and
       ``(B) notwithstanding paragraph (1), may be kept on the 
     towing vessel in the case of an unmanned vessel under tow.
       ``(3) Retention period.--The ballast water record book 
     shall be retained--
       ``(A) on board the vessel for a period of 2 years after the 
     date on which the last entry in the book is made; and
       ``(B) under the control of the vessel's owner for an 
     additional period of 3 years.
       ``(4) Regulations.--In the regulations prescribed under 
     this section, the Secretary shall require, at a minimum, 
     that--
       ``(A) each entry in the ballast water record book be signed 
     and dated by the officer in charge of the ballast water 
     operation recorded; and
       ``(B) each completed page in the ballast water record book 
     be signed and dated by the master of the vessel.
       ``(5) Alternative means of recordkeeping.--The Secretary 
     may provide by regulation for alternative methods of 
     recordkeeping, including electronic recordkeeping, to comply 
     with the requirements of this subsection.
       ``(e) Ballast Water Exchange Requirements.--
       ``(1) In general.--Until a vessel conducts ballast water 
     treatment in accordance with the requirements of subsection 
     (f) of this section, the operator of a vessel to which this 
     section applies may not conduct the uptake or discharge of 
     ballast water unless the operator conducts ballast water 
     exchange, in accordance with regulations prescribed by the 
     Secretary, in a manner that results in an efficiency of at 
     least 95 percent volumetric exchange of the ballast water for 
     each ballast water tank.
       ``(2) Special rule for vessels in the Great Lakes.--
       ``(A) In general.--Notwithstanding any other provision of 
     this subsection, under regulations prescribed by the 
     Secretary to prevent the introduction and spread of aquatic 
     nuisance species into the Great Lakes through the ballast 
     water of vessels, all vessels equipped with ballast water 
     tanks that enter a United States port on the Great Lakes 
     after operating on the waters beyond the exclusive economic 
     zone shall--
       ``(i) carry out exchange of ballast water on the waters 
     beyond the exclusive economic zone prior to entry into any 
     port within the Great Lakes; or
       ``(ii) carry out an exchange of ballast water in other 
     waters where the exchange does not pose a threat of 
     infestation or spread of aquatic nuisance species in the 
     Great Lakes and other waters of the United States, as 
     recommended by the Task Force under section 1102(a)(1).
       ``(B) Additional matters covered by the regulations.--The 
     regulations shall--
       ``(i) not affect or supersede any requirements or 
     prohibitions pertaining to the discharge of ballast water 
     into waters of the United States under the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.);
       ``(ii) provide for sampling procedures to monitor 
     compliance with the requirements of the regulations;
       ``(iii) prohibit the operation of a vessel in the Great 
     Lakes if the master of the vessel has not certified to the 
     Secretary or the Secretary's designee by not later than the 
     departure of that vessel from the first lock in the St. 
     Lawrence Seaway that the vessel has complied with the 
     requirements of the regulations;
       ``(iv) protect the safety of--

       ``(I) each vessel; and
       ``(II) the crew and passengers of each vessel;

[[Page 11196]]

       ``(v) take into consideration different operating 
     conditions; and
       ``(vi) be based on the best scientific information 
     available.
       ``(C) Hudson river port.--The regulations under this 
     paragraph also apply to vessels that enter a United States 
     port on the Hudson River north of the George Washington 
     Bridge.
       ``(D) Education and technical assistance programs.--The 
     Secretary may carry out education and technical assistance 
     programs and other measures to promote compliance with the 
     regulations issued under this paragraph.
       ``(3) Exchange areas.--
       ``(A) In general.--Except as provided in subparagraphs (B), 
     (C), and (D), the operator of a vessel to which this section 
     applies shall conduct ballast water exchange in accordance 
     with regulations prescribed by the Secretary--
       ``(i) at least 200 nautical miles from the nearest land; 
     and
       ``(ii) in water at least 200 meters in depth.
       ``(B) Minimum distance and depth.--
       ``(i) In general.--Except as provided in subparagraph (C), 
     if the operator of a vessel is unable to conduct ballast 
     water exchange in accordance with subparagraph (A), the 
     ballast water exchange shall be conducted in water that is--

       ``(I) as far as possible from land;
       ``(II) at least 50 nautical miles from land; and
       ``(III) in water of at least 200 meters in depth.

       ``(ii) Limitation.--The operator of a vessel may not 
     conduct ballast water exchange in accordance with clause (i) 
     in any area with respect to which the Secretary has 
     determined, after consultation with the Administrators of the 
     Environmental Protection Agency and the National Oceanic and 
     Atmospheric Administration, that ballast water exchange in 
     the area will have an adverse impact, notwithstanding the 
     fact that the area meets the distance and depth criteria of 
     clause (i).
       ``(C) Exchange in designated area.--
       ``(i) In general.--If the operator of a vessel is unable to 
     conduct ballast water exchange in accordance with 
     subparagraph (B), the operator of the vessel may conduct 
     ballast water exchange in an area that does not meet the 
     distance and depth criteria of subparagraph (B) in such areas 
     as may be designated by the Administrator of the National 
     Oceanic and Atmospheric Administration, determined in 
     consultation with the Secretary and the Administrator of the 
     Environmental Protection Agency, for that purpose.
       ``(ii) Charting.--The Administrator of the National Oceanic 
     and Atmospheric Administration, in consultation with the 
     Secretary, shall designate such areas on nautical charts.
       ``(iii) Limitation.--The Administrator may not designate an 
     area under clause (i) if a ballast water exchange in that 
     area could have an adverse impact, as determined by the 
     Secretary in consultation with the Administrator of the 
     Environmental Protection Agency.
       ``(D) Safety or stability exception.--
       ``(i) In general.--Subparagraphs (A), (B), and (C) do not 
     apply to the discharge or uptake of ballast water if the 
     master of a vessel determines that compliance with 
     subparagraph (A), (B), or (C), whichever applies, would 
     threaten the safety or stability of the vessel, its crew, or 
     its passengers because of adverse weather, ship design or 
     stress, equipment failure, or any other relevant condition.
       ``(ii) Notification required.--Whenever the master of a 
     vessel conducts a ballast water discharge or uptake under the 
     exception described in clause (i), the master of the vessel 
     shall notify the Secretary as soon as practicable thereafter 
     but no later than 24 hours after the ballast water discharge 
     or uptake commenced.
       ``(iii) Limitation on volume.--The volume of any ballast 
     water taken up or discharged under the exception described in 
     clause (i) may not exceed the volume necessary to ensure the 
     safe operation of the vessel.
       ``(iv) Review of circumstances.--If the master of a vessel 
     conducts a ballast water discharge or uptake under the 
     exception described in clause (i) on more than 2 out of 6 
     sequential voyages, the Secretary shall review the 
     circumstances to determine whether those ballast water 
     discharges or uptakes met the requirements of this 
     subparagraph. The review under this clause shall be in 
     addition to any other enforcement activity by the Secretary.
       ``(E) Inability to comply with exchange area 
     requirements.--
       ``(i) Deviation or delay of voyage.--In determining the 
     ability of the operator of a vessel to conduct ballast water 
     exchange in accordance with the requirements of subparagraph 
     (A) or (B), a vessel is not required to deviate from its 
     intended voyage or unduly delay its voyage to comply with 
     those requirements.
       ``(ii) Partial compliance.--An operator of a vessel that is 
     unable to comply fully with the requirements of subparagraph 
     (A) or (B), shall conduct ballast water exchange to the 
     maximum extent feasible in compliance with those 
     subparagraphs.
       ``(F) Special rule for the Great Lakes.--This paragraph 
     does not apply to vessels subject to the regulations under 
     paragraph (2).
       ``(f) Ballast Water Treatment Requirements.--
       ``(1) In general.--Subject to the implementation schedule 
     in paragraph (3), before discharging ballast water in waters 
     subject to the jurisdiction of the United States a vessel to 
     which this section applies shall conduct ballast water 
     treatment so that the ballast water discharged will contain--
       ``(A) less than 0.1 living organisms per cubic meter that 
     are 50 or more micrometers in minimum dimension;
       ``(B) less than 0.1 living organisms per milliliter that 
     are 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 
     (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 escherichi coli per 100 
     milliliters; and
       ``(iii) 33 colony-forming units of intestinal enterococci 
     per 100 milliliters; and
       ``(D) concentrations of such indicator microbes as may be 
     specified in regulations promulgated by the Secretary that 
     are less than the amount specified in those regulations.
       ``(2) Reception facility exception.--Paragraph (1) does not 
     apply to a vessel that discharges ballast water into a 
     reception facility that meets standards prescribed by the 
     Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency, for the reception of ballast 
     water that provide for the reception of ballast water and its 
     disposal or treatment in a way that does not impair or damage 
     the environment, human health, property, or resources. The 
     Secretary may not prescribe such standards that are less 
     stringent than any otherwise applicable Federal, State, or 
     local law requirements.
       ``(3) Implementation schedule.--Paragraph (1) applies to 
     vessels in accordance with the following schedule:
       ``(A) First phase.--Beginning January 1, 2009, for vessels 
     constructed on or after that date with a ballast water 
     capacity of less than 5,000 cubic meters.
       ``(B) Second phase.--Beginning January 1, 2012, for vessels 
     constructed on or after that date with a ballast water 
     capacity of 5,000 cubic meters or more.
       ``(C) Third phase.--Beginning January 1, 2014, for vessels 
     constructed before January 1, 2009, with a ballast water 
     capacity of 1,500 cubic meters or more but not more than 
     5,000 cubic meters.
       ``(D) Fourth phase.--Beginning January 1, 2016, for vessels 
     constructed--
       ``(i) before January 1, 2009, with a ballast water capacity 
     of less than 1,500 cubic meters or 5,000 cubic meters or 
     more; or
       ``(ii) on or after January 1, 2009, and before January 1, 
     2012, with a ballast water capacity of 5,000 cubic meters or 
     more.
       ``(4) Review of standards.--
       ``(A) In general.--In December, 2012, and in every third 
     year thereafter, the Secretary shall review the treatment 
     standards established in paragraph (1) of this subsection to 
     determine, in consultation with the Administrator of the 
     National Oceanic and Atmospheric Administration and the 
     Administrator of the Environmental Protection Agency, if the 
     standards should be revised to reduce the amount of organisms 
     or microbes allowed to be discharged using the best available 
     technology economically available. The Secretary shall revise 
     such standards as necessary by regulation.
       ``(B) Application of adjusted standards.--In the 
     regulations, the Secretary shall provide for the prospective 
     application of the adjusted standards prescribed under this 
     paragraph to vessels constructed after the date on which the 
     adjusted standards apply and for an orderly phase-in of the 
     adjusted standards to existing vessels.
       ``(5) Delay of application for vessel participating in 
     promising technology evaluations.--
       ``(A) In general.--If a vessel participates in a program 
     approved by the Secretary to test and evaluate promising 
     ballast water treatment technologies with the potential to 
     result in treatment technologies achieving a standard that is 
     the same as or more stringent than the standard that applies 
     under paragraph (1) before the first date on which paragraph 
     (1) applies to that vessel, the Secretary may postpone the 
     date on which paragraph (1) would otherwise apply to that 
     vessel for not more than 5 years.
       ``(B) Vessel diversity.--The Secretary--
       ``(i) shall seek to ensure that a wide variety of vessel 
     types and voyages are included in the program; but
       ``(ii) may not grant a delay under this paragraph to more 
     than 1 percent of the vessels to which subparagraph (A), (B), 
     (C), or (D) of paragraph (3) applies.
       ``(C) Termination of postponement.--The Secretary may 
     terminate the 5-year postponement period if participation of 
     the vessel in the program is terminated without the consent 
     of the Secretary.
       ``(6) Feasibility review.--
       ``(A) In general.--Not less than 2 years before the date on 
     which paragraph (1) applies

[[Page 11197]]

     to vessels under each subparagraph of paragraph (3), the 
     Secretary shall complete a review to determine whether 
     appropriate technologies are available to achieve the 
     standards set forth in paragraph (1) for the vessels to which 
     they apply under the schedule set forth in paragraph (3).
       ``(B) Delay in scheduled application.--If the Secretary 
     determines, on the basis of the review conducted under 
     subparagraph (A), that compliance with the standards set 
     forth in paragraph (1) in accordance with the schedule set 
     forth in any subparagraph of paragraph (3) is not feasible, 
     the Secretary shall--
       ``(i) extend the date on which that subparagraph first 
     applies to vessels for a period of not more than 36 months; 
     and
       ``(ii) recommend action to ensure that compliance with the 
     extended date schedule for that subparagraph is achieved.
       ``(7) Treatment system approval required.--The operator of 
     a vessel may not use a ballast water treatment system to 
     comply with the requirements of this subsection unless the 
     system is approved by the Secretary. The Secretary shall 
     promulgate regulations establishing a process for such 
     approval.
       ``(g) Warnings Concerning Ballast Water Uptake.--
       ``(1) In general.--The Secretary shall notify mariners of 
     any area in waters subject to the jurisdiction of the United 
     states in which vessels should not uptake ballast water due 
     to known conditions.
       ``(2) Contents.--The notice shall include--
       ``(A) the coordinates of the area; and
       ``(B) if possible, the location of alternative areas for 
     the uptake of ballast water.
       ``(h) Sediment Management.--
       ``(1) In general.--The operator of a vessel to which this 
     section applies may not remove or dispose of sediment from 
     spaces designed to carry ballast water except in accordance 
     with this subsection and the ballast water management plan 
     required under subsection (c).
       ``(2) Design requirements.--
       ``(A) New vessels.--No person may remove and dispose of 
     such sediment from a vessel to which this section applies in 
     waters subject to the jurisdiction of the United States that 
     is constructed on or after January 1, 2009, unless the vessel 
     is designed and constructed in a manner that--
       ``(i) minimizes the uptake and entrapment of sediment;
       ``(ii) facilitates removal of sediment; and
       ``(iii) provides for safe access for sediment removal and 
     sampling.
       ``(B) Existing vessels.--The operator of a vessel to which 
     this section applies that was constructed before January 1, 
     2009, may not remove and dispose of such sediment in waters 
     subject to the jurisdiction of the United States unless--
       ``(i) the vessel has been modified, to the extent 
     practicable and in accordance with regulations promulgated by 
     the Secretary, to achieve the objectives described in clauses 
     (i), (ii), and (iii) of subparagraph (A); or
       ``(ii) the removal and disposal of the sediment is 
     conducted in such a manner as to achieve those objectives to 
     the greatest extent practicable and in accordance with those 
     regulations.
       ``(C) Regulations.--The Secretary shall promulgate 
     regulations establishing design and construction standards to 
     achieve the objectives of subparagraph (A) and providing 
     guidance for modifications and practices under subparagraph 
     (B). The Secretary shall incorporate the standards and 
     guidance in the regulations governing the ballast water 
     management plan.
       ``(3) Sediment reception facilities.--
       ``(A) Standards.--The Administrator of the Environmental 
     Protection Agency in consultation with the Secretary, shall 
     promulgate regulations governing facilities for the reception 
     of vessel sediment from spaces designed to carry ballast 
     water that provide for the disposal of such sediment in a way 
     that does not impair or damage the environment, human health, 
     or property or resources of the disposal area. The 
     Administrator may not prescribe standards under this 
     subparagraph that are less stringent than any otherwise 
     applicable Federal, State, or local law requirements.
       ``(B) Designation.--The Secretary shall designate 
     facilities for the reception of vessel sediment that meet the 
     requirements of the regulations promulgated under 
     subparagraph (A) at ports and terminals where ballast tanks 
     are cleaned or repaired.
       ``(i) Examinations and Certifications.--
       ``(1) Initial examination.--
       ``(A) In general.--The Secretary shall examine vessels to 
     which this section applies to determine whether--
       ``(i) there is a ballast water management plan for the 
     vessel; and
       ``(ii) the equipment used for ballast water and sediment 
     management in accordance with the requirements of this 
     section and the regulations promulgated hereunder is 
     installed and functioning properly.
       ``(B) New vessels.--For vessels constructed on or after 
     January 1, 2009, the Secretary shall conduct the examination 
     required by subparagraph (A) before the vessel is placed in 
     service.
       ``(C) Existing vessels.--For vessels constructed before 
     January 1, 2009, the Secretary shall--
       ``(i) conduct the examination required by subparagraph (A) 
     before the date on which subsection (f)(1) applies to the 
     vessel according to the schedule in subsection (f)(3); and
       ``(ii) inspect the vessel's ballast water record book 
     required by subsection (d).
       ``(2) Subsequent examinations.--The Secretary shall examine 
     vessels no less frequently than once each year to ensure 
     vessel compliance with the requirements of this section.
       ``(3) Inspection authority.--In order to carry out the 
     provisions of this section, the Secretary may take ballast 
     water samples at any time on any vessel to which this section 
     applies to ensure its compliance with this Act.
       ``(4) Required certificate.--
       ``(A) In general.--If, on the basis of an initial 
     examination under paragraph (1) the Secretary finds that a 
     vessel complies with the requirements of this section and the 
     regulations promulgated hereunder, the Secretary shall issue 
     a certificate under this paragraph as evidence of such 
     compliance. The certificate shall be valid for a period of 
     not more than 5 years, as specified by the Secretary. The 
     certificate or a true copy shall be maintained on board the 
     vessel.
       ``(B) Foreign certificates.--The Secretary may treat a 
     certificate issued by a foreign government as a certificate 
     issued under subparagraph (A) if the Secretary determines 
     that the standards used by the issuing government are 
     equivalent to or more stringent than the standards used by 
     the Secretary under subparagraph (A).
       ``(5) Notification of violations.--If the Secretary finds, 
     on the basis of an examination under paragraph (1) or (2), 
     sampling under paragraph (3), or any other information, that 
     a vessel is being operated in violation of the requirements 
     of this section and the regulations promulgated hereunder, 
     the Secretary shall--
       ``(A) notify--
       ``(i) the master of the vessel; and
       ``(ii) the captain of the port at the vessel's next port of 
     call; and
       ``(B) take such other action as may be appropriate.
       ``(j) Detention of Vessels.--
       ``(1) In general.--The Secretary, by notice to the owner, 
     charterer, managing operator, agent, master, or other 
     individual in charge of a vessel, may detain that vessel if 
     the Secretary has reasonable cause to believe that--
       ``(A) the vessel is a vessel to which this section applies;
       ``(B) the vessel does not comply with the requirements of 
     this section or of the regulations issued hereunder or is 
     being operated in violation of such requirements; and
       ``(C) the vessel is about to leave a place in the United 
     States.
       ``(2) Clearance.--
       ``(A) In general.--A vessel detained under paragraph (1) 
     may obtain clearance under section 4197 of the Revised 
     Statutes (46 U.S.C. App. 91) only if the violation for which 
     it was detained has been corrected.
       ``(B) Withdrawal.--If the Secretary finds that a vessel 
     detained under paragraph (1) has received a clearance under 
     section 4197 of the Revised Statutes (46 U.S.C. App. 91) 
     before it was detained under paragraph (1), the Secretary 
     shall request the Secretary of the Treasury to withdraw the 
     clearance. Upon request of the Secretary, the Secretary of 
     the Treasury shall withhold or revoke the clearance.
       ``(k) Sanctions.--
       ``(1) Civil penalties.--Any person who violates a 
     regulation promulgated under this section shall be liable for 
     a civil penalty in an amount not to exceed $25,000. Each day 
     of a continuing violation constitutes a separate violation. A 
     vessel operated in violation of the regulations is liable in 
     rem for any civil penalty assessed under this subsection for 
     that violation.
       ``(2) Criminal penalties.--Any person who knowingly 
     violates the regulations promulgated under this section is 
     guilty of a class C felony.
       ``(3) Revocation of clearance.--Except as provided in 
     subsection (j)(2), upon request of the Secretary, the 
     Secretary of the Treasury shall withhold or revoke the 
     clearance of a vessel required by section 4197 of the Revised 
     Statutes (46 U.S.C. App. 91), if the owner or operator of 
     that vessel is in violation of the regulations issued under 
     this section.
       ``(4) Exception to sanctions.--This subsection does not 
     apply to a failure to exchange ballast water if--
       ``(A) the master of a vessel, acting in good faith, decides 
     that the exchange of ballast water will threaten the safety 
     or stability of the vessel, its crew, or its passengers; and
       ``(B) the recordkeeping and reporting requirements of the 
     Act are complied with.
       ``(l) Consultation with Canada, Mexico, and Other Foreign 
     Governments.--In developing the guidelines issued and 
     regulations promulgated under this section, the Secretary is 
     encouraged to consult with the Government of Canada, the 
     Government of Mexico, and any other government of a foreign 
     country that the Secretary, in consultation with the Task 
     Force, determines to be necessary to develop and implement an 
     effective international program for preventing the 
     unintentional introduction and spread of nonindigenous 
     species.

[[Page 11198]]

       ``(m) International Cooperation.--The Secretary, in 
     cooperation with the International Maritime Organization of 
     the United Nations and the Commission on Environmental 
     Cooperation established pursuant to the North American Free 
     Trade Agreement, is encouraged to enter into negotiations 
     with the governments of foreign countries to develop and 
     implement an effective international program for preventing 
     the unintentional introduction and spread of nonindigenous 
     species. The Secretary is particularly encouraged to seek 
     bilateral or multilateral agreements with Canada, Mexico, and 
     other nations in the Wider Caribbean (as defined in the 
     Convention for the Protection and Development of the Marine 
     Environment of the Wider Caribbean (Cartagena Convention) 
     under this section.
       ``(n) Non-discrimination.--The Secretary shall ensure that 
     vessels registered outside of the United States do not 
     receive more favorable treatment than vessels registered in 
     the United States when the Secretary performs studies, 
     reviews compliance, determines effectiveness, establishes 
     requirements, or performs any other responsibilities under 
     this Act.
       ``(o) Support for Federal Ballast Water Demonstration 
     Project.--In addition to amounts otherwise available to the 
     Maritime Administration, the National Oceanographic and 
     Atmospheric Administration, and the United States Fish and 
     Wildlife Service for the Federal Ballast Water Demonstration 
     Project, the Secretary shall provide support for the conduct 
     and expansion of the project, including grants for research 
     and development of innovative technologies for the 
     management, treatment, and disposal of ballast water and 
     sediment, for ballast water exchange, and for other vessel 
     vectors of invasive aquatic species such as hull fouling. 
     There are authorized to be appropriated to the Secretary 
     $25,000,000 for each fiscal year to carry out this 
     subsection.
       ``(p) Consultation with Task Force.--The Secretary shall 
     consult with the Task Force in carrying out this section.
       ``(q) Preemption.--Notwithstanding any other provision of 
     law, the provisions of subsections (e) and (f) (other than 
     subsection (f)(2)) supersede any provision of State or local 
     law determined by the Secretary to be inconsistent with the 
     requirements of that subsection or to conflict with the 
     requirements of that subsection.
       ``(r) Regulations.--The Secretary may issue such 
     regulations as may be necessary to carry out this section and 
     the terms defined in section 1003 that are used in this 
     section.''.
       (b) Definitions.--Section 1003 of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) 
     is amended--
       (1) by redesignating--
       (A) paragraphs (1), (2), and (3) as paragraphs (2), (3), 
     and (4), respectively;
       (B) paragraphs (4), (5), (6), (7), and (8) as paragraphs 
     (8), (9), (10), (11), and (12), respectively;
       (C) paragraphs (9) and (10) as paragraphs (14) and (15) 
     respectively;
       (D) paragraphs (11) and (12) as paragraphs (17) and (18), 
     respectively;
       (E) paragraphs (13), (14), and (15) as paragraphs (20), 
     (21), and (22), respectively;
       (F) paragraph (16) as paragraph (26); and
       (G) paragraph (17) as paragraph (23) and inserting it after 
     paragraph (22), as redesignated;
       (2) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) `adverse impact' means the direct or indirect result 
     or consequence of an event or process that--
       ``(A) creates a hazard to the environment, human health, 
     property, or a natural resource;
       ``(B) impairs biological diversity; or
       ``(C) interferes with the legitimate use of waters subject 
     to the jurisdiction of the United States;'';
       (3) by striking paragraph (4), as redesignated, and 
     inserting the following:
       ``(4) `ballast water'--
       ``(A) means water taken on board a vessel to control trim, 
     list, draught, stability, or stresses of the vessel, 
     including matter suspended in such water; but
       ``(B) does not include potable or technical water that does 
     not contain harmful aquatic organisms or pathenogens that is 
     taken on board a vessel and used for a purpose described in 
     subparagraph (A) if such potable or technical water is 
     discharged in compliance with section 312 of the Clean Water 
     Act (33 U.S.C. 1322);'';
       (4) by inserting after paragraph (4) the following:
       ``(5) `ballast water capacity' means the total volumetric 
     capacity of any tanks, spaces, or compartments on a vessel 
     that is used for carrying, loading, or discharging ballast 
     water, including any multi-use tank, space, or compartment 
     designed to allow carriage of ballast water;
       ``(6) `ballast water management' means mechanical, 
     physical, chemical, and biological processes used, either 
     singularly or in combination, to remove, render harmless, or 
     avoid the uptake or discharge of harmful aquatic organisms 
     and pathogens within ballast water and sediment;
       ``(7) `constructed' means a state of construction of a 
     vessel at which--
       ``(A) the keel is laid;
       ``(B) construction identifiable with the specific vessel 
     begins;
       ``(C) assembly of the vessel has begun comprising at least 
     50 tons or 1 percent of the estimated mass of all structural 
     material of the vessel, whichever is less; or
       ``(D) the vessel undergoes a major conversion;'';
       (5) by inserting after paragraph (12), as redesignated, the 
     following:
       ``(13) `harmful aquatic organisms and pathogens' means 
     aquatic organisms or pathogens that have been determined by 
     the Secretary, after consultation with the Administrator of 
     the National Oceanographic and Atmospheric Administration and 
     the Administrator of the Environmental Protection Agency, to 
     cause an adverse impact if introduced into the waters subject 
     to the jurisdiction of the United States;'';
       (6) by inserting after paragraph (15), as redesignated, the 
     following:
       ``(16) `major conversion' means a conversion of a vessel, 
     that--
       ``(A) changes its ballast water carrying capacity by at 
     least 15 percent;
       ``(B) changes the vessel class;
       ``(C) is projected to prolong the vessel's life by at least 
     10 years (as determined by the Secretary); or
       ``(D) results in modifications to the vessel's ballast 
     water system, except--
       ``(i) component replacement-in-kind; or
       ``(ii) conversion of a vessel to meet the requirements of 
     section 1101(e);'';
       (7) by inserting after paragraph (18), as redesignated, the 
     following:
       ``(19) `sediment' means matter that has settled out of 
     ballast water within a vessel;'';
       (8) by inserting after paragraph (23), as redesignated, the 
     following:
       ``(24) `United States port' means a port, river, harbor, or 
     offshore terminal under the jurisdiction of the United 
     States, including ports located in Puerto Rico, Guam, the 
     Northern Marianas, and the United States Virgin Islands;
       ``(25) `vessel of the Armed Forces' means--
       ``(A) any vessel owned or operated by the Department of 
     Defense, other than a time or voyage chartered vessel; and
       ``(B) any vessel owned or operated by the Department of 
     Homeland Security that is designated by the Secretary of the 
     department in which the Coast Guard is operating as a vessel 
     equivalent to a vessel described in subparagraph (A);''; and
       (9) by inserting after paragraph (26), as redesignated, the 
     following:
       ``(27) `waters subject to the jurisdiction of the United 
     States' means navigable waters and the territorial sea of the 
     United States, the exclusive economic zone, and the Great 
     Lakes.''.
       (c) Great Lakes Regulations.--Until vessels described in 
     section 1101(e)(2) of the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 4711(e)(2)), as 
     amended by this Act, are required to conduct ballast water 
     treatment in accordance with the requirements of section 
     1101(f) of that Act (16 U.S.C. 1101(f)), as amended by this 
     Act, the regulations promulgated by the Secretary of 
     Transportation under section 1101 of the Nonindigenous 
     Aquatic Nuisance Prevention and Control Act of 1990 (16 
     U.S.C. 4711), as such regulations were in effect on the day 
     before the date of enactment of this Act, shall remain in 
     full force and effect for, and shall continue to apply to, 
     such vessels.

     SEC. 4. COAST GUARD REPORT ON OTHER VESSEL-RELATED VECTORS OF 
                   INVASIVE SPECIES.

       (a) In General.--Within 90 days after the date of enactment 
     of this Act, the Commandant of the Coast Guard shall transmit 
     a report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure on vessel-related vectors 
     of harmful aquatic organisms and pathogens other than ballast 
     water and sediment, including vessel hulls and equipment, and 
     from vessels equipped with ballast tanks that carry no 
     ballast water on board.
       (b) Best Practices.--As soon as practicable, the Coast 
     Guard shall develop best practices standards and procedures 
     designed to reduce the introduction of invasive species into 
     and within the United States from vessels and establish a 
     timeframe for implementation of those standards and 
     procedures by vessels, in addition to the mandatory 
     requirements set forth in section 1101 for ballast water. 
     Such standards and procedures should include designation of 
     geographical locations for uptake and/or discharge of 
     untreated ballast water, as well as standards and procedures 
     for other vessel vectors of invasive aquatic species. The 
     Commandant shall transmit a report to the Committees 
     describing the standards and procedures developed and the 
     implementation timeframe, together with any recommendations, 
     including legislative recommendations if appropriate, the 
     Commandant deems appropriate. The Secretary of the department 
     in which the Coast Guard is operating may promulgate 
     regulations to incorporate and enforce standards and 
     procedures developed under this subsection.
                                 ______
                                 
      By Ms. CANTWELL (for herself, Mr. Bingaman, and Mr. Lieberman):

[[Page 11199]]

  S. 2491. A bill to amend the Public Health Service Act to promote and 
improve the allied health professors; to the Committee on Health, 
Education, Labor, and Pensions.
  Ms. CANTWELL. Mr. President, the well-being of the U.S. population 
depends to a considerable extent on having access to high quality 
health care which, in turn, requires the presence of an adequate supply 
of health care professionals. The Congress and the President recognized 
this need when we passed, and President Bush signed, the Nurse 
Reinvestment Act in the 107th Congress. Just as with nurses, we must 
also insure an adequate supply of well-prepared allied health 
professionals. That is why, today, I am introducing the Allied Health 
Reinvestment Act with my good colleagues, Senator Bingaman of New 
Mexico and Senator Lieberman of Connecticut.
  The allied health professions are many. Those recognized in the act 
include professionals in the areas of: dental hygiene, dietetics/
nutrition, emergency medical services, health information management, 
clinical laboratory sciences/medical technology, cytotechnology, 
occupational therapy, physical therapy, radiologic technology, nuclear 
medical technology, rehabilitation counseling, respiratory therapy, and 
speech-language pathology/audiology. This is not an exhaustive list, as 
the act will leave to the discretion of the Secretary of HHS additional 
professions deemed eligible.
  Today, many allied health professions are characterized by existing 
workforce shortages, declining enrollments in academic institutions, or 
a combination of both factors. The American Hospital Association (AHA) 
reports vacancy rates of 18 percent among radiology technicians, ten 
percent among laboratory technologists, 15.3 percent among imaging 
technicians, and 12.7 percent among pharmacy technicians. In addition, 
the AHA indicates that hospitals are having increasing difficulties 
recruiting these same professionals over the preceding two-year period.
  In my own State of Washington, the Washington State Hospital 
Association reports vacancy rates of 14.3 percent among ultrasound 
technologists, 11.3 percent among radiology technicians, and 10.9 
percent among nuclear medicine technologists. These vacancy rates have 
a real effect on the hospitals in my State. When I meet with hospital 
officials back home, they always tell me how the lack of technicians 
affects patient care.
  The Bureau of Labor Statistics projected that in the period 1998-
2008, the United States would need a total of 93,000 new professionals 
in clinical laboratory science by creating 53,000 new positions and 
filling the 40,000 existing vacancies. That averages 9,000 openings per 
year for technicians, and yet academic institutions are producing only 
4,990 graduates annually. If these numbers stay constant, we will be 
short by 43,100 needed technicians in 2008.
  According to the American Hospital Association, declining enrollment 
in health education programs contributes to the critical shortages of 
health care professionals. Similarly, data from a November 2002 study 
of 90 institutions by the Association of Schools of Allied Health 
Professionals (ASAHP) shows a three-year period of decline in 
enrollment in cardiovascular perfusion technology, cytotechnology, 
dietetics, emergency medical sciences, health administration, health 
information management, medical technology, occupational therapy, 
rehabilitation counseling, respiratory therapy, and respiratory therapy 
technician programs. As an indication of a worsening situation, data 
from the 2002-2003 academic year, alone, show that dental hygiene, 
physician assistant, and speech-language pathology and audiology should 
be added to this list.
  While having an adequate number of health professionals in our 
country is key to ensuring access to health care for all of us, 
certainly one of the key populations for whom a healthy supply of 
health professionals is vitally important for is our senior population.
  The U.S. Census Bureau reports that rapid growth of the population 
age 65 and over will begin in 2011 when the first of the baby boom 
generation reaches age 65 and will continue for many years. From 1900 
to 2000, the proportion of persons 65 and over tripled, going from 4.1 
percent to 12.4 percent.
  The baby-boom generation's movement into middle age, a period when 
the incidence of heart attack and stroke increases, will produce a 
higher demand for therapeutic services. Medical advances now enable 
more patients with critical problems to survive, but in order to do so 
and maintain a high quality of life, these patients may need extensive 
therapy.
  Along with the aging of the population came an increase in the number 
of Americans living with one, and often more than one, chronic 
condition. Today, it is estimated that 125 million Americans live with 
a chronic condition, and by 2020 as the population ages, that number 
will increase to an estimated 157 million, with 81 million of them 
having two or more chronic conditions. Twenty-five percent of 
individuals with chronic conditions have some type of activity 
limitations. Two-thirds of Medicare spending is for beneficiaries with 
five or more chronic conditions.
  Many individuals with chronic conditions rely on family caregivers. 
Approximately nine million Americans provide such services, and on the 
average, they spend 24 hours a week doing so. Caregivers aged 65-74 
provide an average of 30.7 hours of care per week and individuals aged 
75 and older provide an average of 34.5 hours per week.
  Women are more likely than men to have chronic conditions, in part 
because they have longer life expectancies. These same women are 
caregivers to other chronically ill persons. In addition, 65 percent of 
caregivers are female, and of all caregivers, nearly 40 percent are 55 
years of age and older.
  Physicians report that their training does not adequately prepare 
them to care for this type of patient by providing education and 
offering effective nutritional guidance. Those aspects of care can be 
provided by allied health professionals, but many of them need better 
preparation to treat and coordinate care for patients with chronic 
conditions. While much emphasis is placed on curative forms of care, 
additional efforts must be devoted to slowing the progression of 
disease and its effects.
  One example of the effectiveness of allied health interventions may 
be illustrated by a study funded by the National Institute on Aging, 
the National Center for Medical Rehabilitation Research, and the Agency 
for Health Care Policy and Research (since renamed the Agency for 
Healthcare Research and Quality). The investigation showed that 
significant benefits resulted from a nine-month occupational therapy 
intervention intended to reduce health-related declines among urban, 
multiethnic, independent-living older adults. The majority of study 
participants, 73 percent, lived alone and 26 percent reported at least 
one disability. Important health-related benefits attributable to the 
intervention continued over a six-month interval in the absence of 
further treatment.
  The bill I and my colleagues introduce today, like the Nurse 
Reinvestment Act in the 107th Congress, is intended to provide 
incentives for individuals to seek and complete high quality allied 
health education and training. Furthermore, the bill will provide 
additional funding to ensure that such education and training can be 
provided to allied health students so that the U.S. healthcare industry 
will have a supply of allied health professionals needed to support the 
nation's health care system in this decade and beyond.
  The bill offers allied health education, practice, and retention 
grants. Education grants will be used to expand the enrollment in 
allied health education programs, especially by underrepresented racial 
and ethnic minority students, and provide educational opportunities 
through new technologies and methods, including distance-learning. 
Practice grants are intended to establish or expand allied health 
practice arrangements in non-institutional settings to demonstrate 
methods that will improve access to

[[Page 11200]]

primary health care in rural areas and other medically underserved 
communities. Retention grants are intended to promote career 
advancement for allied health personnel.
  Grants will also be made available to health care facilities to 
enable them to carry out demonstrations of models and best practices in 
allied health for the purpose of developing innovative strategies or 
approaches for retention of allied health professionals. These grants 
will be awarded to a variety of geographic regions, and to a range of 
different types and sizes of facilities, including facilities located 
in rural, urban, and suburban areas.
  Furthermore, this bill will give the Secretary of HHS, acting through 
the Administrator of HRSA, the authority to enter into an agreement 
with any institution that offers an eligible allied health education 
program to establish and operate a faculty loan fund to increase the 
number of qualified allied health faculty. Loans may be granted to 
faculty who are pursuing a full-time course of study or, at the 
discretion of the Secretary, a part-time course of study in an advanced 
degree program.
  I am especially proud of the provisions of this legislation regarding 
the National Health Service Corps program, the brain child of Senator 
Warren Magnuson of Washington. The NHSC program, of course, encourages 
students in the health professions such as doctors and dentists to 
serve in underserved areas throughout our Nation in return for loan 
repayment assistance. And, like the NHSC program, this Allied Health 
Reinvestment Act will establish a scholarship program that provides 
scholarships to individuals seeking allied health education in exchange 
for service by those individuals in rural and other medically 
underserved areas with allied health personnel shortages.
  There are a number of organizations supporting this bill, and I thank 
them for that support. Among them, the list includes, but is not 
limited to:

     Washington State Hospital Association
     Health Work Force Institute (Seattle, WA)
     American Association for Respiratory Care
     American Association of Community Colleges
     American Clinical Laboratory Association
     American Dental Hygienists' Association
     American Dietetic Association
     American Health Information Management Association
     American Physical Therapy Association
     American Society for Clinical Laboratory Science
     American Society for Clinical Pathology
     American Society of Radiologic Technologists
     Association of Academic Health Centers
     College of Health Deans
     Midwest Regional Deans Group
     Myositis Association
     National Association of EMS Educators
     National Cancer Registrars Association
     National Network of Health Career Programs in Two-Year 
         Colleges
     Northeast Regional Deans Group

  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2491

       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 ``Allied Health Reinvestment 
     Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) The United States Census Bureau and other reports 
     highlight the increased demand for acute and chronic 
     healthcare services among both the general population and a 
     rapidly growing aging portion of the population.
       (2) The calls for reduction in medical errors, increased 
     patient safety, and quality of care have resulted in an 
     amplified call for allied health professionals to provide 
     healthcare services.
       (3) Several allied health professions are characterized by 
     workforce shortages, declining enrollments in allied health 
     education programs, or a combination of both factors, and 
     hospital officials have reported vacancy rates in positions 
     occupied by allied health professionals.
       (4) Many allied health education programs are facing 
     significant economic pressure that could force their closure 
     due to an insufficient number of students.
       (b) Purpose.--It is the purpose of this Act to provide 
     incentives for individuals to seek and complete high quality 
     allied health education and training and provide additional 
     funding to ensure that such education and training can be 
     provided to allied health students so that the United States 
     healthcare industry with have a supply of allied health 
     professionals needed to support the health care system of the 
     United States in this decade and beyond.

     SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

       Title VII of the Public Health Service Act (42 U.S.C. 292 
     et seq.) is amended by adding at the end the following:

                 ``PART G--ALLIED HEALTH PROFESSIONALS

     ``SEC. 799C. DEFINITIONS.

       ``In this part:
       ``(1) Allied health education program.--The term `allied 
     health education program' means any postsecondary educational 
     program offered by an institution accredited by an agency or 
     commission recognized by the Department of Education, or 
     leading to a State certificate or license or any other 
     educational program approved by the Secretary. Such term 
     includes colleges, universities, or schools of allied health 
     and equivalent entities that include programs leading to a 
     certificate, associate, baccalaureate, or graduate level 
     degree in an allied health profession.
       ``(2) Allied health professions.--The term `allied health 
     professions' includes professions in the following areas at 
     the certificate, associate, baccalaureate, or graduate level:
       ``(A) Dental hygiene.
       ``(B) Dietetics or nutrition.
       ``(C) Emergency medical services.
       ``(D) Health information management.
       ``(E) Clinical laboratory sciences and medical technology.
       ``(F) Cytotechnology.
       ``(G) Occupational therapy.
       ``(H) Physical therapy.
       ``(I) Radiologic technology.
       ``(J) Nuclear medical technology.
       ``(K) Rehabilitation counseling.
       ``(L) Respiratory therapy.
       ``(M) Speech-language pathology and audiology.
       ``(N) Any other profession determined appropriate by the 
     Secretary.
       ``(3) Health care facility.--The term `health care 
     facility' means an outpatient health care facility, hospital, 
     nursing home, home health care agency, hospice, federally 
     qualified health center, nurse managed health center, rural 
     health clinic, public health clinic, or any similar 
     healthcare facility or practice that employs allied health 
     professionals.

     ``SEC. 799C-1. PUBLIC SERVICE ANNOUNCEMENTS.

       ``The Secretary shall develop and issue public service 
     announcements that shall_
       ``(1) advertise and promote the allied health professions;
       ``(2) highlight the advantages and rewards of the allied 
     health professions; and
       ``(3) encourage individuals from diverse communities and 
     backgrounds to enter the allied health professions.

     ``SEC. 799C-2. STATE AND LOCAL PUBLIC SERVICE ANNOUNCEMENTS.

       ``(a) In General.--The Secretary shall award grants to 
     designated eligible entities to support State and local 
     advertising campaigns that are conducted through appropriate 
     media outlets (as determined by the Secretary) to--
       ``(1) promote the allied health professions;
       ``(2) highlight the advantages and rewards of the allied 
     health professions; and
       ``(3) encourage individuals from disadvantaged communities 
     and backgrounds to enter the allied health professions.
       ``(b) Eligible Entity.--To be eligible to receive a grant 
     under subsection (a), an entity shall--
       ``(1) be a professional, national, or State allied health 
     association, State health care provider, or association of 
     one or more health care facilities, allied health education 
     programs, or other entities that provides similar services or 
     serves a like function; and
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.

     ``SEC. 799C-3. ALLIED HEALTH RECRUITMENT GRANT PROGRAM.

       ``(a) Program Authorized.--The Secretary shall award grants 
     to eligible entities to increase allied health professions 
     education opportunities.
       ``(b) Eligible Entity.--To be eligible to receive a grant 
     under subsection (a), an entity shall--
       ``(1) be a professional, national, or State allied health 
     association, State health care provider, or association of 
     one or more health care facilities, allied health education 
     programs, or other eligible entities that provides similar 
     services or serves a like function; and
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       ``(c) Use of Funds.--An entity shall use amounts received 
     under a grant under subsection (a) to--
       ``(1) support outreach programs at elementary and secondary 
     schools that inform guidance counselors and students of 
     education

[[Page 11201]]

     opportunities regarding the allied health professions;
       ``(2) carry out special projects to increase allied health 
     education opportunities for individuals who are from 
     disadvantaged backgrounds (including racial and ethnic 
     minorities that are underrepresented among the allied health 
     professions) by providing student scholarships or stipends, 
     pre-entry preparation, and retention activities;
       ``(3) provide assistance to public and nonprofit private 
     educational institutions to support remedial education 
     programs for allied health students who require assistance 
     with math, science, English, and medical terminology;
       ``(4) meet the costs of child care and transportation for 
     individuals who are taking part in an allied health education 
     program at any level; and
       ``(5) support community-based partnerships seeking to 
     recruit allied health professionals in rural communities and 
     medically underserved urban communities, and other 
     communities experiencing an allied health professions 
     shortage.

     ``SEC. 799C-4. GRANTS FOR HEALTH CAREER ACADEMIES.

       ``(a) In General.--The Secretary shall award grants to 
     eligible entities to assist such entities in collaborating to 
     carry out programs that form education pipelines to 
     facilitate the entry of students of secondary educational 
     institutions, especially underrepresented racial and ethnic 
     minorities, into careers in the allied health professions.
       ``(b) Eligible Entity.--To be eligible to receive a grant 
     under subsection (a), an entity shall--
       ``(1) be an institution that offers allied health education 
     programs, a health care facility, or a secondary educational 
     institution; and
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.

     ``SEC. 799C-5. ALLIED HEALTH EDUCATION, PRACTICE, AND 
                   RETENTION GRANTS.

       ``(a) Education Priority Areas.--The Secretary may award 
     grants to or enter into contracts with eligible entities to--
       ``(1) expand the enrollment of individuals in allied health 
     education programs, especially the enrollment of 
     underrepresented racial and ethnic minority students; and
       ``(2) provide education through new technologies and 
     methods, including distance-learning methodologies.
       ``(b) Practice Priority Areas.--The Secretary may award 
     grants to or enter into contracts with eligible entities to--
       ``(1) establish or expand allied health practice 
     arrangements in noninstitutional settings to demonstrate 
     methods to improve access to primary health care in rural 
     areas and other medically underserved communities;
       ``(2) provide care for underserved populations and other 
     high-risk groups such as the elderly, individuals with HIV/
     AIDS, substance abusers, the homeless, and victims of 
     domestic violence;
       ``(3) provide managed care, information management, quality 
     improvement, and other skills needed to practice in existing 
     and emerging organized health care systems; or
       ``(4) develop generational and cultural competencies among 
     allied health professionals.
       ``(c) Retention Priority Areas.--
       ``(1) In general.--The Secretary may award grants to and 
     enter into contracts with eligible entities to enhance the 
     allied health professions workforce by initiating and 
     maintaining allied health retention programs described in 
     paragraph (2) or (3).
       ``(2) Grants for career ladder programs.--The Secretary may 
     award grants to and enter into contracts with eligible 
     entities for programs--
       ``(A) to promote career advancement for allied health 
     personnel in a variety of training settings, cross training 
     or specialty training among diverse population groups, and 
     the advancement of individuals; and
       ``(B) to assist individuals in obtaining the education and 
     training required to enter the allied health professions and 
     advance within such professions, such as by providing career 
     counseling and mentoring.
       ``(3) Enhancing patient care delivery systems.--
       ``(A) Grants.--The Secretary may award grants to eligible 
     entities to improve the retention of allied health 
     professionals and to enhance patient care that is directly 
     related to allied health activities by enhancing 
     collaboration and communication among allied health 
     professionals and other health care professionals, and by 
     promoting allied health involvement in the organizational and 
     clinical decision-making processes of a health care facility.
       ``(B) Preference.--In making awards of grants under this 
     paragraph, the Secretary shall give preferences to applicants 
     that have not previously received an award under this 
     paragraph and to applicants from rural, underserved areas.
       ``(C) Continuation of an award.--The Secretary shall make 
     continuation of any award under this paragraph beyond the 
     second year of such award contingent on the recipient of such 
     award having demonstrated to the Secretary measurable and 
     substantive improvement in allied health personnel retention 
     or patient care.
       ``(d) Eligible Entity.--To be eligible to receive a grant 
     under this section, an entity shall--
       ``(1) be a health care facility, or any partnership or 
     coalition containing a health care facility or allied health 
     education program; and
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.

     ``SEC. 799C-6. DEVELOPING MODELS AND BEST PRACTICES PROGRAM.

       ``(a) Authorized.--The Secretary shall award grants to 
     eligible entities to enable such entities to carry out 
     demonstration programs using models and best practices in 
     allied health for the purpose of developing innovative 
     strategies or approaches for the retention of allied health 
     professionals.
       ``(b) Eligible Entity.--To be eligible to receive a grant 
     under this section, an entity shall--
       ``(1) be a health care facility, or any partnership or 
     coalition containing a health care facility or allied health 
     education program; and
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       ``(c) Distribution of Grants.--In awarding grants under 
     this section, the Secretary shall ensure that grantee 
     represent a variety of geographic regions and a range of 
     different types and sizes of facilities, including facilities 
     located in rural, urban, and suburban areas.
       ``(d) Use of Funds.--An entity shall use amounts received 
     under a grant under this section to carry out demonstration 
     programs of models and best practices in allied health for 
     the purpose of--
       ``(1) promoting retention and satisfaction of allied health 
     professionals;
       ``(2) promoting opportunities for allied health 
     professionals to pursue education, career advancement, and 
     organizational recognition; and
       ``(3) developing continuing education programs that 
     instruct allied health professionals in how to use emerging 
     medical technologies and how to address current and future 
     health care needs.
       ``(e) Area Health Education Centers.--The Secretary shall 
     award grants to area health education centers to enable such 
     centers to enter into contracts with allied health education 
     programs to expand the operation of area health education 
     centers to work in communities to develop models of 
     excellence for allied health professionals or to expand any 
     junior and senior high school mentoring programs to include 
     an allied health professions mentoring program.

     ``SEC. 799C-7. ALLIED HEALTH FACULTY LOAN PROGRAM.

       ``(a) Establishment.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, may enter into an agreement with any 
     institution offering an eligible allied health education 
     program for the establishment and operation of a faculty loan 
     fund in accordance with this section (referred to in this 
     section as the `loan fund'), to increase the number of 
     qualified allied health faculty.
       ``(b) Agreements.--Each agreement entered into under this 
     section shall--
       ``(1) provide for the establishment of a loan fund by the 
     institution offering the allied health education program 
     involved;
       ``(2) provide for deposit in the loan fund of--
       ``(A) the Federal capital contributions to the fund;
       ``(B) an amount provided by the institution involved which 
     shall be equal to not less than one-ninth of the amount of 
     the Federal capital contribution under subparagraph (A);
       ``(C) any collections of principal and interest on loans 
     made from the fund; and
       ``(D) any other earnings of the fund;
       ``(3) provide that the loan fund will be used only for the 
     provision of loans to faculty of the allied health education 
     program in accordance with subsection (c) and for the costs 
     of the collection of such loans and the interest thereon;
       ``(4) provide that loans may be made from such fund only to 
     faculty who are pursuing a full-time course of study or, at 
     the discretion of the Secretary, a part-time course of study 
     in an advanced degree program; and
       ``(5) contain such other provisions determined appropriate 
     by the Secretary to protect the financial interests of the 
     United States.
       ``(c) Loan Provisions.--Loans from any faculty loan fund 
     established pursuant to an agreement under this section shall 
     be made to an individual on such terms and conditions as the 
     allied health education program may determine, except that--
       ``(1) such terms and conditions are subject to any 
     conditions, limitations, and requirements prescribed by the 
     Secretary;
       ``(2) in the case of any individual, the total of the loans 
     for any academic year made by an allied health education 
     program from loan funds established pursuant to agreements 
     under this section may not exceed $30,000, plus any amount 
     determined by the Secretary on an annual basis to reflect 
     inflation;

[[Page 11202]]

       ``(3) upon completion by the individual of each of the 
     first, second, and third year of full-time employment, as 
     required under the loan agreement, as a faculty member in an 
     allied health education program, the program shall cancel 20 
     percent of the principal and interest due on the amount of 
     the unpaid portion of the loan on the first day of such 
     employment;
       ``(4) upon completion by the individual of the fourth year 
     of full-time employment, as required under the loan 
     agreement, as a faculty member in an allied health education 
     program, the program shall cancel 25 percent of the principal 
     and interest due on the amount of the unpaid portion of the 
     loan on the first day of such employment;
       ``(5) the loan may be used to pay the cost of tuition, 
     fees, books, laboratory expenses, and other reasonable 
     education expenses;
       ``(6) the loan shall be repayable in equal or graduated 
     periodic installments (with the right of the borrower to 
     accelerate repayment) over the 10-year period that begins 9 
     months after the individual ceases to pursue a course of 
     study in an allied health education program; and
       ``(7) such loan shall--
       ``(A) beginning on the date that is 3 months after the 
     individual ceases to pursue a course of study in an allied 
     health education program, bear interest on the unpaid balance 
     of the loan at the rate of 3 percent per year; or
       ``(B) subject to subsection (e), if the allied health 
     education program determines that the individual will not 
     complete such course of study or serve as a faculty member as 
     required under the loan agreement under this subsection, bear 
     interest on the unpaid balance of the loan at the prevailing 
     market rate.
       ``(d) Payment of Proportionate Share.--Where all or any 
     part of a loan (including interest thereon) is canceled under 
     this section, the Secretary shall pay to the allied health 
     education program involved an amount equal to the program's 
     proportionate share of the canceled portion, as determined by 
     the Secretary.
       ``(e) Review by Secretary.--At the request of the 
     individual involved, the Secretary may review any 
     determination by an allied health education program under 
     this section.

     ``SEC. 799C-8. SCHOLARSHIP PROGRAM FOR SERVICE IN RURAL AND 
                   OTHER MEDICALLY UNDERSERVED AREAS.

       ``(a) Program Authorized.--The Secretary shall establish a 
     scholarship program (referred to in this section as the 
     `program') to provide scholarships to individuals seeking 
     allied health education who agree to provide service in rural 
     and other medically underserved areas with allied health 
     personnel shortages.
       ``(b) Preference.--In awarding scholarships under this 
     section, the Secretary shall give preference to--
       ``(1) applicants who demonstrate the greatest financial 
     need;
       ``(2) applicants who agree to serve in health care 
     facilities experiencing allied health shortages in rural and 
     other medically underserved areas;
       ``(3) applicants who are currently working in a health care 
     facility who agree to serve the period of obligated service 
     at such facility;
       ``(4) minority applicants; and
       ``(5) applicants with an interest in a practice area of 
     allied health that has unmet needs.
       ``(c) Program Requirements.--
       ``(1) Contracts.--Under the program, the Secretary shall 
     enter into contracts with eligible individuals under which 
     such individuals agree to serve as allied health 
     professionals for a period of not less than 2 years at a 
     health care facility with a critical shortage of allied 
     health professionals in consideration of the Federal 
     Government agreeing to provide to the individuals 
     scholarships for attendance in an allied health education 
     program.
       ``(2) Eligible individuals.--In this subsection, the term 
     `eligible individual' means an individual who is enrolled or 
     accepted for enrollment as a full-time or part-time student 
     in an allied health education program.
       ``(3) Service requirement.--
       ``(A) In general.--The Secretary may not enter into a 
     contract with an eligible individual under this section 
     unless the individual agrees to serve as an allied health 
     professional at a health care facility with a critical 
     shortage of allied health professionals for a period of full-
     time service of not less than 2 years, or for a period of 
     part-time service in accordance with subparagraph (B).
       ``(B) Part-time service.--An individual may complete the 
     period of service described in subparagraph (A) on a part-
     time basis if the individual has a written agreement that--
       ``(i) is entered into by the facility and the individual 
     and is approved by the Secretary; and
       ``(ii) provides that the period of obligated service will 
     be extended so that the aggregate amount of service performed 
     will equal the amount of service that would be performed 
     through a period of full-time service of not less than 2 
     years.
       ``(d) Reports.--Not later than 18 months after the date of 
     enactment of this part, and annually thereafter, the 
     Secretary shall prepare and submit to the appropriate 
     committees of Congress a report describing the program 
     carried out under this section, including statements 
     regarding--
       ``(1) the number of enrollees by specialty or discipline, 
     scholarships, and grant recipients;
       ``(2) the number of graduates;
       ``(3) the amount of scholarship payments made;
       ``(4) which educational institution the recipients 
     attended;
       ``(5) the number and placement location of the scholarship 
     recipients at health care facilities with a critical shortage 
     of allied health professionals;
       ``(6) the default rate and actions required;
       ``(7) the amount of outstanding default funds of the 
     scholarship program;
       ``(8) to the extent that it can be determined, the reason 
     for the default;
       ``(9) the demographics of the individuals participating in 
     the scholarship program; and
       ``(10) an evaluation of the overall costs and benefits of 
     the program.

     ``SEC. 799C-9. GRANTS FOR CLINICAL EDUCATION, INTERNSHIP, AND 
                   RESIDENCY PROGRAMS.

       ``(a) Program Authorized.-- The Secretary shall award 
     grants to eligible entities to develop clinical education, 
     internship, and residency programs that encourage mentoring 
     and the development of specialties.
       ``(b) Eligible Entities.--To be eligible for a grant under 
     this section an entity shall--
       ``(1) be a partnership of an allied health education 
     program and a health care facility; and
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       ``(c) Use of Funds.--An eligible entity shall use amounts 
     received under a grant under this section to--
       ``(1) develop clinical education, internship, and residency 
     programs and curriculum and training programs for graduates 
     of an allied health education program;
       ``(2) provide support for faculty and mentors; and
       ``(3) provide support for allied health professionals 
     participating in clinical education, internship, and 
     residency programs on both a full-time and part-time basis.

     ``SEC. 799C-10. GRANTS FOR PARTNERSHIPS.

       ``(a) In General.--The Secretary shall award grants to 
     eligible entities to enable such entities to form 
     partnerships to carry out the activities described in this 
     section.
       ``(b) Eligible Entity.--To be eligible to receive a grant 
     under this section, and entity shall--
       ``(1) be a partnership between an allied health education 
     program and a health care facility; and
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       ``(c) Use of Funds.--An eligible entity shall use amounts 
     received under a grant under this section to--
       ``(1) provide employees of the health care facility that is 
     a member of the partnership involved advanced training and 
     education in a allied health education program;
       ``(2) establish or expand allied health practice 
     arrangements in non-institutional settings to demonstrate 
     methods to improve access to health care in rural and other 
     medically underserved communities;
       ``(3) purchase distance learning technology to extend 
     general education and training programs to rural areas, and 
     to extend specialty education and training programs to all 
     areas; and
       ``(4) establish or expand mentoring, clinical education, 
     and internship programs for training in specialty care areas.

     ``SEC. 799C-11. ALLIED HEALTH PROFESSIONS TRAINING FOR 
                   DIVERSITY.

       `` The Secretary, acting in conjunction with allied health 
     professional associations, shall develop a system for 
     collecting and analyzing allied health workforce data 
     gathered by the Bureau of Labor Statistics, the Health 
     Resources and Services Administration, other entities within 
     the Department of Health and Human Services, the Department 
     of Veterans Affairs, the Center for Medicare & Medicaid 
     Services, the Department of Defense, allied health 
     professional associations, and regional centers for health 
     workforce studies to determine educational pipeline and 
     practitioner shortages, and project future needs for such a 
     workforce.

     ``SEC. 799C-12. ALLIED HEALTH PROFESSIONS TRAINING FOR 
                   DIVERSITY.

       ``The Secretary shall include schools of allied health 
     among the health professions schools that are eligible to 
     receive grants under this part for the purpose of assisting 
     such schools in supporting Centers of Excellence in health 
     professions education for under-represented minority 
     individuals.

     ``SEC. 799C-13. REPORTS BY GENERAL ACCOUNTING OFFICE.

       `` Not later than 4 years after the date of enactment of 
     this part, the Comptroller General of the United States shall 
     conduct an evaluation of whether the programs carried out 
     under this part have demonstrably increased the number of 
     applicants to allied

[[Page 11203]]

     health education programs and prepare and submit to the 
     appropriate committees of Congress a report concerning the 
     results of such evaluation.

     ``SEC. 799C-14. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     part, such sums as may be necessary for each of fiscal years 
     2005 through 2010. ''.
                                 ______
                                 
      By Mr. CONRAD:
  S. 2492. A bill to amend title XVIII of the Social Security Act to 
provide for reimbursement of certified midwife services and to provide 
for more equitable reimbursement rates for certified nurse-midwife 
services; to the Committee on Finance.
  Mr. CONRAD. Mr. President, today I am introducing the Improving 
Access to Nurse-Midwife Care Act of 2004. For too many years, certified 
nurse midwives (CNMs) have not received adequate reimbursement under 
the Medicare program. My legislation takes important steps to improve 
reimbursement for CNMs.
  There are approximately 2 million disabled women on Medicare who are 
of childbearing age; however, if they choose to utilize a CNM for 
``well women'' services, the CNM is only reimbursed at 65 percent of 
the physician fee schedule. In practical terms, the typical well-woman 
visit costs, on average, $50. But Medicare currently reimburses CNMs in 
rural areas only $14 for this visit, which could include a pap smear, 
mammogram, and other pre-cancer screenings. CNMs administer the same 
tests and incur the same costs as physicians but receive only 65 
percent of the physician fee schedule for these services. Other non-
physician providers, such as nurse practitioners and physician 
assistants are reimbursed at 85 percent of the physician fee schedule. 
This reduced payment is unfair and does not adequately reflect the 
services CNMs provide to beneficiaries. At this incredibly low rate of 
reimbursement, the Medicare Payment Advisory Committee (MedPAC) agrees 
that a CNM simply cannot afford to provide services to Medicare 
patients.
  In June of 2002, MedPAC issued a report titled, ``Medicare Payment to 
Advance Practice Nurses and Physician Assistants.'' In a 14-0 vote, 
MedPAC recommended to Congress that the percentage of reimbursement for 
CNM services be increased. Moreover, because practice expenses are much 
higher for CNMs--liability coverage costs for CNMs are 10-fold higher 
than for other non-physician providers--MedPAC signaled that CNMs 
should be paid more than 85 percent. My legislation would increase the 
level of reimbursement to 95 percent of the physician fee schedule, 
which more adequately reflects the cost of providing midwifery 
services.
  My legislation would also make several technical changes to current 
Medicare provisions that limit the ability of midwives to effectively 
serve the Medicare-eligible population. In particular, CNMs serve as 
faculty members of medical schools. For over 20 years, they have 
supervised and trained interns and residents. The bill guarantees 
payment for graduate medical education and includes technical 
corrections that will clarify the reassignment of billing rights for 
CNMs who are employed by others. Finally, my bill would establish 
recognition for a certified midwife (CM) to provide services under 
Medicare. Despite the fact that CNMs and CMs provide the same services, 
Medicare has yet to recognize CNs as eligible providers. My bill would 
change this.
  This bill will enhance access to ``well woman'' care for thousands of 
women in underserved communities and make several needed changes to 
improve access to midwives. I urge my colleagues to support this 
legislation.

                          ____________________