[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2490 Introduced in Senate (IS)]


108th CONGRESS
  2d Session
                                S. 2490

To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act 
of 1990 to establish vessel ballast water management requirements, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 2, 2004

Mr. Inouye (for himself and Mr. Stevens) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 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.

    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--
                    ``(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;
                            ``(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 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.
    ``(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.
                                 <all>