IIB
110th CONGRESS
1st Session
H. R. 720
IN THE SENATE OF THE UNITED STATES
March 12, 2007
Received; read twice and referred to the Committee on Environment and Public Works
AN ACT
To amend the Federal Water Pollution Control Act to authorize appropriations for State water pollution control revolving funds, and for other purposes.
Short title; table of contents
In general
This Act may be cited as the Water Quality Financing Act of
2007
.
Table of contents
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of
Federal Water Pollution Control Act.Title I—TECHNICAL AND MANAGEMENT ASSISTANCE
Sec. 101. Technical assistance.
Sec. 102. State management assistance.
Sec. 103. Watershed pilot projects.
Title II—CONSTRUCTION OF TREATMENT WORKS
Sec. 201. Sewage collection systems.
Sec. 202. Treatment works defined.
Sec. 203. Policy on cost effectiveness.
Title III—STATE WATER POLLUTION CONTROL REVOLVING FUNDS
Sec. 301. General authority for capitalization grants.
Sec. 302. Capitalization grant agreements.
Sec. 303. Water pollution control revolving loan funds.
Sec. 304. Allotment of funds.
Sec. 305. Intended use plan.
Sec. 306. Annual reports.
Sec. 307. Technical assistance.
Sec. 308. Authorization of appropriations.
Title IV—GENERAL PROVISIONS
Sec. 401. Definition of treatment works.
Sec. 402. Funding for Indian programs.
Title V—Studies
Sec. 501. Study of long-term, sustainable, clean water funding.
Sec. 502. Feasibility study of supplemental and alternative clean water funding mechanisms.
Sec. 503. Great Lakes water quality.
Title VI—Tonnage Duties
Sec. 601. Tonnage duties.
Title VII—Secure Maritime and Vessel Workforce
Sec. 701. Prohibition of issuance of transportation security cards to convicted felons.
Amendment of Federal Water Pollution Control Act
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
TECHNICAL AND MANAGEMENT ASSISTANCE
Technical assistance
Technical Assistance for Rural and Small Treatment Works
Section 104(b) (33 U.S.C. 1254(b)) is amended—
by striking
and
at the end of paragraph (6);
by
striking the period at the end of paragraph (7) and inserting ;
and
; and
by adding at the end the following:
make grants to nonprofit organizations—
to provide technical assistance to rural and small municipalities for the purpose of assisting, in consultation with the State in which the assistance is provided, such municipalities in the planning, developing, and acquisition of financing for eligible projects described in section 603(c);
to provide technical assistance and training for rural and small publicly owned treatment works and decentralized wastewater treatment systems to enable such treatment works and systems to protect water quality and achieve and maintain compliance with the requirements of this Act; and
to disseminate information to rural and small municipalities and municipalities that meet the affordability criteria established under section 603(i)(2) by the State in which the municipality is located with respect to planning, design, construction, and operation of publicly owned treatment works and decentralized wastewater treatment systems.
.
Authorization of Appropriations
Section 104(u) (33 U.S.C. 1254(u)) is amended—
by striking
and (6)
and inserting (6)
; and
by inserting
before the period at the end the following: ; and (7) not to exceed
$75,000,000 for each of fiscal years 2008 through 2012 for carrying out
subsections (b)(3) and (b)(8), except that not less than 20 percent of the
amounts appropriated pursuant to this paragraph in a fiscal year shall be used
for carrying out subsection (b)(8)
.
Small flows clearinghouse
Section 104(q)(4) (33 U.S.C. 1254(q)(4)) is amended—
in the first
sentence by striking $1,000,000
and inserting
$3,000,000
; and
in the second
sentence by striking 1986
and inserting
2009
.
Competitive Procedures for Awarding Grants
Section 104 (33 U.S.C. 1254(b)) is amended by adding at the end the following:
Competitive Procedures for Awarding Grants
The Administrator shall establish procedures that, to the maximum extent practicable, promote competition and openness in the award of grants to nonprofit private agencies, institutions, and organizations under this section.
.
State management assistance
Section 106(a) (33 U.S.C. 1256(a)) is amended—
by striking
and
at the end of paragraph (1);
by striking the
semicolon at the end of paragraph (2) and inserting ; and
;
and
by inserting after paragraph (2) the following:
such sums as may be necessary for each of fiscal years 1991 through 2007, and $300,000,000 for each of fiscal years 2008 through 2012;
.
Watershed pilot projects
Pilot Projects
Section 122 (33 U.S.C. 1274) is amended—
in the section
heading by striking Wet
weather
; and
in subsection (a)—
in the matter
preceding paragraph (1) by striking wet weather
discharge
;
in paragraph (2)
by striking in reducing such pollutants
and all that follows
before the period at the end and inserting to manage, reduce, treat, or
reuse municipal stormwater, including low-impact development
technologies
; and
by adding at the end the following:
Watershed partnerships
Efforts of municipalities and property owners to demonstrate cooperative ways to address nonpoint sources of pollution to reduce adverse impacts on water quality.
Integrated water resource plan
The development of an integrated water resource plan for the coordinated management and protection of surface water, ground water, and stormwater resources on a watershed or subwatershed basis to meet the objectives, goals, and policies of this Act.
.
Authorization of Appropriations
Section 122(c)(1) is amended by striking
for fiscal year 2004
and inserting for each of fiscal
years 2004 through 2012
.
Report to Congress
Section 122(d) is amended by striking 5
years
and inserting 10 years
.
CONSTRUCTION OF TREATMENT WORKS
Sewage collection systems
Section 211 (33 U.S.C. 1291) is amended—
by striking the
section designation and all that follows through (a) No
and
inserting the following:
Sewage collection systems
In General
No
;
in subsection (b)
by inserting Population
Density.—
after (b)
; and
by striking subsection (c) and inserting the following:
Exceptions
Replacement and major rehabilitation
Notwithstanding the requirement of subsection (a)(1) concerning the existence of a collection system as a condition of eligibility, a project for replacement or major rehabilitation of a collection system existing on January 1, 2007, shall be eligible for a grant under this title if the project otherwise meets the requirements of subsection (a)(1) and meets the requirement of paragraph (3).
New systems
Notwithstanding the requirement of subsection (a)(2) concerning the existence of a community as a condition of eligibility, a project for a new collection system to serve a community existing on January 1, 2007, shall be eligible for a grant under this title if the project otherwise meets the requirements of subsection (a)(2) and meets the requirement of paragraph (3).
Requirement
A project meets the requirement of this paragraph if the purpose of the project is to accomplish the objectives, goals, and policies of this Act by addressing an adverse environmental condition existing on the date of enactment of this paragraph.
.
Treatment works defined
Section 212(2)(A) (33 U.S.C. 1292(2)(A)) is amended—
by striking
any works, including site
;
by striking
is used for ultimate
and inserting will be used for
ultimate
; and
by inserting
before the period at the end the following: and acquisition of other
lands, and interests in lands, which are necessary for
construction
.
Policy on cost effectiveness
Section 218(a)
(33 U.S.C. 1298(a)) is amended by striking combination of devices and
systems
and all that follows through the period at the end and
inserting treatment works that meets the requirements of this Act. The
system may include water efficiency measures and devices.
.
STATE WATER POLLUTION CONTROL REVOLVING FUNDS
General authority for capitalization grants
Section 601(a) (33 U.S.C. 1381(a))
is amended by striking for providing assistance
and all that
follows through the period at the end and inserting the following: to
accomplish the objectives, goals, and policies of this Act by providing
assistance for projects and activities identified in section
603(c).
.
Capitalization grant agreements
Reporting Infrastructure Assets
Section 602(b)(9) (33 U.S.C. 1382(b)(9)) is amended by
striking standards
and inserting standards, including
standards relating to the reporting of infrastructure assets
.
Additional Requirements
Section 602(b) (33 U.S.C. 1382(b)) is amended—
by striking
and
at the end of paragraph (9);
by striking the period at the end of paragraph (10) and inserting a semicolon; and
by adding at the end the following:
the State will establish, maintain, invest, and credit the fund with repayments, such that the fund balance will be available in perpetuity for providing financial assistance in accordance with this title;
any fees charged by the State to recipients of assistance will be used for the purpose of financing the cost of administering the fund or financing projects or activities eligible for assistance from the fund;
beginning in fiscal year 2009, the State will include as a condition of providing assistance to a municipality or intermunicipal, interstate, or State agency that the recipient of such assistance certify, in a manner determined by the Governor of the State, that the recipient—
has studied and evaluated the cost and effectiveness of innovative and alternative processes, materials, techniques, and technologies for carrying out the proposed project or activity for which assistance is sought under this title, and has selected, to the extent practicable, a project or activity that may result in greater environmental benefits or equivalent environmental benefits when compared to standard processes, materials, techniques, and technologies and more efficiently uses energy and natural and financial resources; and
has considered, to the maximum extent practical and as determined appropriate by the recipient, the costs and effectiveness of other design, management, and financing approaches for carrying out a project or activity for which assistance is sought under this title, taking into account the cost of operating and maintaining the project or activity over its life, as well as the cost of constructing the project or activity;
the State will use at least 15 percent of the amount of each capitalization grant received by the State under this title after September 30, 2007, to provide assistance to municipalities of fewer than 10,000 individuals that meet the affordability criteria established by the State under section 603(i)(2) for activities included on the State’s priority list established under section 603(g), to the extent that there are sufficient applications for such assistance;
treatment works eligible under section 603(c)(1) which will be constructed in whole or in part with funds made available under section 205(m) or by a State water pollution control revolving fund under this title, or both, will meet the requirements of, or otherwise be treated (as determined by the Governor of the State) under sections 204(a)(6), 204(b)(1), 211, 218, and 511(c)(1) in the same manner as treatment works constructed with assistance under title II of this Act;
a contract to be carried out using funds directly made available by a capitalization grant under this title for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services shall be negotiated in the same manner as a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code, or an equivalent State qualifications-based requirement (as determined by the Governor of the State); and
the requirements of section 513 will apply to the construction of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund as authorized under this title, or with assistance made available under section 205(m), or both, in the same manner as treatment works for which grants are made under this Act.
.
Water pollution control revolving loan funds
Projects and Activities Eligible for Assistance
Section 603(c) (33 U.S.C. 1383(c)) is amended to read as follows:
Projects and Activities Eligible for Assistance
The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance—
to any municipality or intermunicipal, interstate, or State agency for construction of publicly owned treatment works;
for the implementation of a management program established under section 319;
for development and implementation of a conservation and management plan under section 320;
for the implementation of lake protection programs and projects under section 314;
for repair or replacement of decentralized wastewater treatment systems that treat domestic sewage;
for measures to manage, reduce, treat, or reuse municipal stormwater;
to any municipality or intermunicipal, interstate, or State agency for measures to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse;
for measures to increase the security of publicly owned treatment works; and
for the development and implementation of watershed projects meeting the criteria set forth in section 122.
.
Extended Repayment Period
Section 603(d)(1) (33 U.S.C. 1383(d)(1)) is amended—
in subparagraph
(A) by striking 20 years
and inserting the lesser of 30
years or the design life of the project to be financed with the proceeds of the
loan
; and
in
subparagraph (B) by striking not later than 20 years after project
completion
and inserting upon the expiration of the term of the
loan
.
Fiscal Sustainability Plan
Section 603(d)(1) (33 U.S.C. 1383(d)(1)) is further amended—
by striking
and
at the end of subparagraph (C);
by inserting
and
at the end of subparagraph (D); and
by adding at the end the following:
for any portion of a treatment works proposed for repair, replacement, or expansion, and eligible for assistance under section 603(c)(1), the recipient of a loan will develop and implement a fiscal sustainability plan that includes—
an inventory of critical assets that are a part of that portion of the treatment works;
an evaluation of the condition and performance of inventoried assets or asset groupings; and
a plan for maintaining, repairing, and, as necessary, replacing that portion of the treatment works and a plan for funding such activities;
.
Administrative Expenses
Section 603(d)(7) (33 U.S.C. 1383(d)(7)) is amended by
inserting before the period at the end the following: , $400,000 per
year, or 1/5 percent per year of the current valuation of
the fund, whichever amount is greatest, plus the amount of any fees collected
by the State for such purpose regardless of the source
.
Technical and Planning Assistance for Small Systems
Section 603(d) (33 U.S.C. 1383(d)) is amended—
by
striking and
at the end of paragraph (6);
by striking the
period at the end of paragraph (7) and inserting ; and
;
and
by adding at the end the following:
to provide owners and operators of treatment works that serve a population of 10,000 or fewer with technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, equipment replacement, repair schedules, and other activities to improve wastewater treatment plant management and operations; except that such amounts shall not exceed 2 percent of grant awards to such fund under this title.
.
Additional Subsidization
Section 603 (33 U.S.C. 1383) is amended by adding at the end the following:
Additional Subsidization
In general
In any case in which a State provides assistance to a municipality or intermunicipal, interstate, or State agency under subsection (d), the State may provide additional subsidization, including forgiveness of principal and negative interest loans—
to benefit a municipality that—
meets the State’s affordability criteria established under paragraph (2); or
does not meet the State’s affordability criteria if the recipient—
seeks additional subsidization to benefit individual ratepayers in the residential user rate class;
demonstrates to the State that such ratepayers will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought; and
ensures, as part of an assistance agreement between the State and the recipient, that the additional subsidization provided under this paragraph is directed through a user charge rate system (or other appropriate method) to such ratepayers; or
to implement an innovative or alternative process, material, technique, or technology (including low-impact technologies, nonstructural protection of surface waters, a new or improved method of waste treatment, and nutrient pollutant trading) that may result in greater environmental benefits, or equivalent environmental benefits at reduced cost, when compared to a standard process, material, technique, or technology.
Affordability criteria
Establishment
On or before September 30, 2008, and after providing notice and an opportunity for public comment, a State shall establish affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance under section 603(c)(1) if additional subsidization is not provided. Such criteria shall be based on income data, population trends, and other data determined relevant by the State.
Existing criteria
If a State has previously established, after providing notice and an opportunity for public comment, affordability criteria that meet the requirements of subparagraph (A), the State may use the criteria for the purposes of this subsection. For purposes of this Act, any such criteria shall be treated as affordability criteria established under this paragraph.
Information to assist states
The Administrator may publish information to assist States in establishing affordability criteria under subparagraph (A).
Priority
A State may give priority to a recipient for a project or activity eligible for funding under section 603(c)(1) if the recipient meets the State’s affordability criteria.
Set-aside
In general
In any fiscal year in which the Administrator has available for obligation more than $1,000,000,000 for the purposes of this title, a State shall provide additional subsidization under this subsection in the amount specified in subparagraph (B) to eligible entities described in paragraph (1) for projects and activities identified in the State’s intended use plan prepared under section 606(c) to the extent that there are sufficient applications for such assistance.
Amount
In a fiscal year described in subparagraph (A), a State shall set aside for purposes of subparagraph (A) an amount not less than 25 percent of the difference between—
the total amount that would have been allotted to the State under section 604 for such fiscal year if the amount available to the Administrator for obligation under this title for such fiscal year had been equal to $1,000,000,000; and
the total amount allotted to the State under section 604 for such fiscal year.
Limitation
The total amount of additional subsidization provided under this subsection by a State may not exceed 30 percent of the total amount of capitalization grants received by the State under this title in fiscal years beginning after September 30, 2007.
.
Allotment of funds
In General
Section 604(a) (33 U.S.C. 1384(a)) is amended to read as follows:
Allotments
Fiscal years 2008 and 2009
Sums appropriated to carry out this title for each of fiscal years 2008 and 2009 shall be allotted by the Administrator in accordance with the formula used to allot sums appropriated to carry out this title for fiscal year 2007.
Fiscal year 2010 and thereafter
Sums appropriated to carry out this title for fiscal year 2010 and each fiscal year thereafter shall be allotted by the Administrator as follows:
Amounts that do not exceed $1,350,000,000 shall be allotted in accordance with the formula described in paragraph (1).
Amounts that exceed $1,350,000,000 shall be allotted in accordance with the formula developed by the Administrator under subsection (d).
.
Planning Assistance
Section 604(b) (33 U.S.C. 1384(b)) is amended by
striking 1 percent
and inserting 2
percent
.
Formula
Section 604 (33 U.S.C. 1384) is amended by adding at the end the following:
Formula Based on Water Quality Needs
Not later than September 30, 2009, and after providing notice and an opportunity for public comment, the Administrator shall publish an allotment formula based on water quality needs in accordance with the most recent survey of needs developed by the Administrator under section 516(b).
.
Intended use plan
Integrated Priority List
Section 603(g) (33 U.S.C. 1383(g)) is amended to read as follows:
Priority List
In general
For fiscal year 2009 and each fiscal year thereafter, a State shall establish or update a list of projects and activities for which assistance is sought from the State’s water pollution control revolving fund. Such projects and activities shall be listed in priority order based on the methodology established under paragraph (2). The State may provide financial assistance from the State’s water pollution control revolving fund only with respect to a project or activity included on such list. In the case of projects and activities eligible for assistance under section 603(c)(2), the State may include a category or subcategory of nonpoint sources of pollution on such list in lieu of a specific project or activity.
Methodology
In general
Not later than 1 year after the date of enactment of this paragraph, and after providing notice and opportunity for public comment, each State (acting through the State’s water quality management agency and other appropriate agencies of the State) shall establish a methodology for developing a priority list under paragraph (1).
Priority for projects and activities that achieve greatest water quality improvement
In developing the methodology, the State shall seek to achieve the greatest degree of water quality improvement, taking into consideration the requirements of section 602(b)(5) and section 603(i)(3), whether such water quality improvements would be realized without assistance under this title, and whether the proposed projects and activities would address water quality impairments associated with existing treatment works.
Considerations in selecting projects and activities
In determining which projects and activities will achieve the greatest degree of water quality improvement, the State shall consider—
information developed by the State under sections 303(d) and 305(b);
the State’s continuing planning process developed under section 303(e);
the State’s management program developed under section 319; and
conservation and management plans developed under section 320.
Nonpoint sources
For categories or subcategories of nonpoint sources of pollution that a State may include on its priority list under paragraph (1), the State may consider the cumulative water quality improvements associated with projects or activities in such categories or subcategories.
Existing methodologies
If a State has previously developed, after providing notice and an opportunity for public comment, a methodology that meets the requirements of this paragraph, the State may use the methodology for the purposes of this subsection.
.
Intended Use Plan
Section 606(c) (33 U.S.C. 1386(c)) is amended—
in the matter
preceding paragraph (1) by striking each State shall annually
prepare
and inserting each State (acting through the State’s
water quality management agency and other appropriate agencies of the State)
shall annually prepare and publish
;
by striking paragraph (1) and inserting the following:
the State’s priority list developed under section 603(g);
;
in paragraph (4)—
by striking
and (6)
and inserting (6), (15), and (17)
;
and
by striking
and
at the end;
by striking the
period at the end of paragraph (5) and inserting ; and
;
and
by adding at the end the following:
if the State does not fund projects and activities in the order of the priority established under section 603(g), an explanation of why such a change in order is appropriate.
.
Transitional Provision
Before completion of a priority list based on a methodology established under section 603(g) of the Federal Water Pollution Control Act (as amended by this section), a State shall continue to comply with the requirements of sections 603(g) and 606(c) of such Act, as in effect on the day before the date of enactment of this Act.
Annual reports
Section 606(d) (33
U.S.C. 1386(d)) is amended by inserting the eligible purpose under
section 603(c) for which the assistance is provided,
after loan
amounts,
.
Technical assistance
Title VI (33 U.S.C. 1381 et seq.) is amended—
by redesignating section 607 as section 608; and
by inserting after section 606 the following:
Technical assistance
Simplified Procedures
Not later than 1 year after the date of enactment of this section, the Administrator shall assist the States in establishing simplified procedures for treatment works to obtain assistance under this title.
Publication of Manual
Not later than 2 years after the date of the enactment of this section, and after providing notice and opportunity for public comment, the Administrator shall publish a manual to assist treatment works in obtaining assistance under this title and publish in the Federal Register notice of the availability of the manual.
Compliance criteria
At the request of any State, the Administrator, after providing notice and an opportunity for public comment, shall assist in the development of criteria for a State to determine compliance with the conditions of funding assistance established under sections 602(b)(13) and 603(d)(1)(E).
.
Authorization of appropriations
Section 608 (as redesignated by section 307 of this Act) is amended by striking paragraphs (1) through (5) and inserting the following:
$2,000,000,000 for fiscal year 2008;
$3,000,000,000 for fiscal year 2009;
$4,000,000,000 for fiscal year 2010; and
$5,000,000,000 for fiscal year 2011.
.
GENERAL PROVISIONS
Definition of treatment works
Section 502 (33 U.S.C. 1362) is amended by adding at the end the following:
Treatment works
The term treatment works has the meaning given that term in section 212.
.
Funding for Indian programs
Section 518(c) (33 U.S.C. 1377) is amended—
by striking
The Administrator
and inserting the following:
Fiscal years 1987–2006
The Administrator
;
in paragraph (1) (as so designated)—
by inserting
and ending before October 1, 2006,
after 1986,
;
and
by striking the second sentence; and
by adding at the end the following:
Fiscal year 2007 and thereafter
For fiscal year 2007 and each fiscal year thereafter, the Administrator shall reserve, before allotments to the States under section 604(a), not less than 0.5 percent and not more than 1.5 percent of the funds made available to carry out title VI.
Use of funds
Funds reserved under this subsection shall be available only for grants for projects and activities eligible for assistance under section 603(c) to serve—
Indian tribes;
former Indian reservations in Oklahoma (as determined by the Secretary of the Interior); and
Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)).
.
Studies
Study of long-term, sustainable, clean water funding
Study
Not later than 30 days after the date of enactment of this Act, the Comptroller General shall commence a study of the funding mechanisms and funding sources available to establish a Clean Water Trust Fund.
Contents
The study shall include an analysis of potential revenue sources that can be efficiently collected, are broad based, are related to water quality, and that support the annual funding levels authorized by the amendments made by this Act.
Consultation
In conducting the study, the Comptroller General, at a minimum, shall consult with Federal, State, and local agencies, representatives of business and industry, representatives of entities operating publicly owned treatment works, and other interested groups.
Report
Not later than January 1, 2008, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study.
Feasibility study of supplemental and alternative clean water funding mechanisms
Study
Not later than 30 days after the date of enactment of this Act, the Comptroller General shall commence a study of funding mechanisms and funding sources potentially available for wastewater infrastructure and other water pollution control activities under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
Contents
The study shall include an analysis of funding and investment mechanisms and revenue sources from other potential supplemental or alternative public or private sources that could be used to fund wastewater infrastructure and other water pollution control activities under the Federal Water Pollution Control Act.
Consultation
In conducting the study, the Comptroller General, at a minimum, shall consult with Federal, State, and local agencies, representatives of business, industry, and financial investment entities, representatives of entities operating treatment works, and other interested groups.
Report
Not later than January 1, 2008, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study.
Great Lakes water quality
Study
The Administrator of the Environmental Protection Agency, in consultation with the Secretary of State and the Government of Canada, shall conduct a study of the condition of wastewater treatment facilities located in the United States and Canada that discharge into the Great Lakes.
Contents
In conducting the study, the Administrator shall—
determine the effect that such treatment facilities have on Great Lakes water quality; and
develop recommendations—
to improve water quality monitoring by the operators of such treatment facilities;
to establish a protocol for improved notification and information sharing between the United States and Canada; and
to promote cooperation between the United States and Canada to prevent the discharge of untreated and undertreated waste into the Great Lakes.
Consultation
In conducting the study, the Administrator shall consult with the International Joint Commission and Federal, State, and local governments.
Report
Not later than one year after the date of enactment of this Act, the Administrator shall submit to Congress a report on the results of the study, together with the recommendations developed under subsection (b)(2).
Tonnage Duties
Tonnage duties
In general
Section 60301 of title 46, United State Code, is amended—
in the section
heading by striking taxes
and inserting duties
;
by amending subsections (a) and (b) to read as follows:
Lower rate
Imposition of duty
A duty is imposed at the rate described in paragraph (2) at each entry in a port of the United States of—
a vessel entering from a foreign port or place in North America, Central America, the West Indies Islands, the Bahama Islands, the Bermuda Islands, or the coast of South America bordering the Caribbean Sea; or
a vessel returning to the same port or place in the United States from which it departed, and not entering the United States from another port or place, except—
a vessel of the United States;
a recreational vessel (as defined in section 2101 of this title); or
a barge.
Rate
The rate referred to in paragraph (1) shall be—
4.5 cents per ton (but not more than a total of 22.5 cents per ton per year) for fiscal years 2006 through 2007;
9.0 cents per ton (but not more than a total of 45 cents per ton per year) for fiscal years 2008 through 2017; and
2 cents per ton (but not more than a total of 10 cents per ton per year) for each fiscal year thereafter.
Higher rate
Imposition of duty
A duty is imposed at the rate described in paragraph (2) on a vessel at each entry in a port of the United States from a foreign port or place not named in subsection (a)(1).
Rate
The rate referred to in paragraph (1) shall be—
13.5 cents per ton (but not more than a total of 67.5 cents per ton per year) for fiscal years 2006 through 2007;
27 cents per ton (but not more than a total of $1.35 per ton per year) for fiscal years 2008 through 2017, and
6 cents per ton (but not more than a total of 30 cents per ton per year) for each fiscal year thereafter.
; and
in subsection (c)
by striking taxes
and inserting duties
.
Conforming amendments
Such title is further amended—
by striking the heading for subtitle VI and inserting the following:
Clearance and Tonnage Duties
;
in the headings of
sections in chapter 603, by striking taxes
each place it appears and inserting
duties
;
in the heading for
subsection (a) of section 60303, by striking tax
and inserting
duty
;
in the text of
sections in chapter 603, by striking taxes
each place it appears
and inserting duties
; and
in the text of
sections in chapter 603, by striking tax
each place it appears
and inserting duty
.
Clerical amendments
Such title is further amended—
in the title analysis by striking the item relating to subtitle VI and inserting the following:
;
in the analysis for chapter 603—
by striking the items relating to sections 60301 and 60302 and inserting the following:
60301. Regular tonnage duties.
60302. Special tonnage duties.
;
by striking the item relating to section 60304 and inserting the following:
60304. Presidential suspension of tonnage duties and light money.
.
Secure Maritime and Vessel Workforce
Prohibition of issuance of transportation security cards to convicted felons
No individual who has been issued a transportation worker identification card may board a maritime vessel if the individual has been convicted, or found not guilty by reason of insanity, in a civilian or military jurisdiction of any of the following felonies:
Espionage or conspiracy to commit espionage.
Sedition or conspiracy to commit sedition.
Treason or conspiracy to commit treason.
A crime listed in chapter 113B of title 18, United States Code, a comparable State law, or conspiracy to commit such crime.
A crime involving a transportation security incident. In this paragraph, a transportation security incident—
is a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area (as defined in section 70101 of title 46, United States Code); and
does not include a work stoppage or other nonviolent employee-related action, resulting from an employer-employee dispute.
Improper transportation of a hazardous material under section 5124 of title 49, United States Code, or a comparable State law.
Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or incendiary device (as defined in section 232(5) of title 18, United States Code, explosive materials (as defined in section 841(c) of such title 18), or a destructive device (as defined in 921(a)(4) of such title 18).
Murder.
Conspiracy or attempt to commit any of the crimes described in paragraphs (5) through (8).
A violation of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. 1961 et seq.), or a comparable State law, if 1 of the predicate acts found by a jury or admitted by the defendant consists of 1 of the offenses listed in paragraphs (4) and (8).
Passed the House of Representatives March 9, 2007.
Lorraine C. Miller,
Clerk.