[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 363 Reported in Senate (RS)]


                                                       Calendar No. 291
109th CONGRESS
  1st Session
                                 S. 363

                          [Report No. 109-181]

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

                           February 10, 2005

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

                           November 16, 2005

               Reported by Mr. Stevens, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Ballast Water Management 
Act of 2005''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    The Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) The direct and indirect costs of aquatic 
        invasive species to the economy of the United States amount to 
        billions of dollars per year.</DELETED>
        <DELETED>    (3) Invasive species are thought to have been 
        involved in 70 percent of the last century's extinctions of 
        native aquatic species.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Ballast water from ships is one of the largest 
        pathways for the introduction and spread of aquatic invasive 
        species.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (8) Ballast water has been found to transport not 
        only invasive plants and animals but human diseases as well, 
        such as cholera.</DELETED>
        <DELETED>    (9) Invasive species may also be introduced by 
        other vessel conduits, including the hulls of ships.</DELETED>
        <DELETED>    (10) Invasive aquatic species may originate in 
        other countries, or from distinct regions in the United 
        States.</DELETED>
        <DELETED>    (11) 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.</DELETED>
        <DELETED>    (12) The introduction of non-indigenous species 
        has been closely correlated with the disappearance of 
        indigenous species in Hawaii and other islands.</DELETED>
        <DELETED>    (13) 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.</DELETED>
        <DELETED>    (14) Current Federal programs are insufficient to 
        effectively address this growing problem.</DELETED>
        <DELETED>    (15) 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.</DELETED>

<DELETED>SEC. 3. BALLAST WATER MANAGEMENT.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 1101. BALLAST WATER MANAGEMENT.</DELETED>

<DELETED>    ``(a) Vessels to Which Section Applies.--</DELETED>
        <DELETED>    ``(1) In general.--This section applies to a 
        vessel that is designed or constructed to carry ballast water; 
        and</DELETED>
                <DELETED>    ``(A) is a vessel of the United States (as 
                defined in section 2101(46) of title 46, United States 
                Code); or</DELETED>
                <DELETED>    ``(B) is a foreign vessel that--</DELETED>
                        <DELETED>    ``(i) is en route to a United 
                        States port; or</DELETED>
                        <DELETED>    ``(ii) has departed from a United 
                        States port and is within the exclusive 
                        economic zone.</DELETED>
        <DELETED>    ``(2) Exceptions.--Notwithstanding paragraph (1), 
        this section does not apply to--</DELETED>
                <DELETED>    ``(A) permanent ballast water in a sealed 
                tank on a vessel that is not subject to 
                discharge;</DELETED>
                <DELETED>    ``(B) a vessel of the Armed Forces; 
                or</DELETED>
                <DELETED>    ``(C) a vessel, or category of vessels, 
                exempted by the Secretary under paragraph 
                (4).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Coast Guard Assessment and Report.--Within 
        180 days after the date of enactment of the Ballast Water 
        Management Act of 2005, 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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) recommendations, including 
                legislative recommendations if appropriate, of options 
                for addressing such ballast water operations.</DELETED>
<DELETED>    ``(b) Uptake and Discharge of Ballast Water and 
Sediment.--</DELETED>
        <DELETED>    ``(1) Prohibition.--The operator of a vessel to 
        which this section applies may not conduct the uptake or 
        discharge of ballast water and sediment except as provided in 
        this section.</DELETED>
        <DELETED>    ``(2) Exceptions.--Paragraph (1) does not apply to 
        the uptake or discharge of ballast water and sediment in the 
        following circumstances:</DELETED>
                <DELETED>    ``(A) The uptake or discharge is solely 
                for the purpose of--</DELETED>
                        <DELETED>    ``(i) ensuring the safety of 
                        vessel in an emergency situation; or</DELETED>
                        <DELETED>    ``(ii) saving a life at 
                        sea.</DELETED>
                <DELETED>    ``(B) The uptake or discharge is 
                accidental and the result of damage to the vessel or 
                its equipment and--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) the owner or officer in 
                        charge of the vessel did not willfully or 
                        recklessly cause the damage.</DELETED>
                <DELETED>    ``(C) The uptake or discharge is solely 
                for the purpose of avoiding or minimizing the discharge 
                of pollution from the vessel.</DELETED>
                <DELETED>    ``(D) The uptake and subsequent discharge 
                on the high seas of the same ballast water and 
                sediment.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) 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.</DELETED>
<DELETED>    ``(c) Vessel Ballast Water Management Plan.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) meets the requirements prescribed by 
                the Secretary by regulation; and</DELETED>
                <DELETED>    ``(B) is approved by the 
                Secretary.</DELETED>
        <DELETED>    ``(2) Approval criteria.--The Secretary may not 
        approve a ballast water management plan unless the Secretary 
        determines that the plan--</DELETED>
                <DELETED>    ``(A) describes in detail safety 
                procedures for the vessel and crew associated with 
                ballast water management;</DELETED>
                <DELETED>    ``(B) describes in detail the actions to 
                be taken to implement the ballast water management 
                requirements established under this section;</DELETED>
                <DELETED>    ``(C) describes in detail procedures for 
                disposal of sediment at sea and on shore;</DELETED>
                <DELETED>    ``(D) designates the officer on board the 
                vessel in charge of ensuring that the plan is properly 
                implemented;</DELETED>
                <DELETED>    ``(E) contains the reporting requirements 
                for vessels established under this section; 
                and</DELETED>
                <DELETED>    ``(F) meets all other requirements 
                prescribed by the Secretary.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Vessel Ballast Water Record Book.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) each operation involving ballast 
                water is fully recorded without delay, in accordance 
                with regulations promulgated by the Secretary; 
                and</DELETED>
                <DELETED>    ``(B) each such operation is described in 
                detail, including the location and circumstances of, 
                and the reason for, the operation.</DELETED>
        <DELETED>    ``(2) Availability.--The ballast water record 
        book--</DELETED>
                <DELETED>    ``(A) shall be kept readily available for 
                examination by the Secretary at all reasonable times; 
                and</DELETED>
                <DELETED>    ``(B) notwithstanding paragraph (1), may 
                be kept on the towing vessel in the case of an unmanned 
                vessel under tow.</DELETED>
        <DELETED>    ``(3) Retention period.--The ballast water record 
        book shall be retained--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) under the control of the vessel's 
                owner for an additional period of 3 years.</DELETED>
        <DELETED>    ``(4) Regulations.--In the regulations prescribed 
        under this section, the Secretary shall require, at a minimum, 
        that--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) each completed page in the ballast 
                water record book be signed and dated by the master of 
                the vessel.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Ballast Water Exchange Requirements.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Special rule for vessels in the great 
        lakes.--</DELETED>
                <DELETED>    ``(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, operators 
                of 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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(B) Additional matters covered by the 
                regulations.--The regulations shall--</DELETED>
                        <DELETED>    ``(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.);</DELETED>
                        <DELETED>    ``(ii) provide for sampling 
                        procedures to monitor compliance with the 
                        requirements of the regulations;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(iv) protect the safety of--
                        </DELETED>
                                <DELETED>    ``(I) each vessel; 
                                and</DELETED>
                                <DELETED>    ``(II) the crew and 
                                passengers of each vessel;</DELETED>
                        <DELETED>    ``(v) take into consideration 
                        different operating conditions; and</DELETED>
                        <DELETED>    ``(vi) be based on the best 
                        scientific information available.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Exchange areas.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) at least 200 nautical miles 
                        from the nearest land; and</DELETED>
                        <DELETED>    ``(ii) in water at least 200 
                        meters in depth.</DELETED>
                <DELETED>    ``(B) Minimum distance and depth.--
                </DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) as far as possible 
                                from land;</DELETED>
                                <DELETED>    ``(II) at least 50 
                                nautical miles from land; and</DELETED>
                                <DELETED>    ``(III) in water of at 
                                least 200 meters in depth.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(C) Exchange in designated area.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Charting.--The 
                        Administrator of the National Oceanic and 
                        Atmospheric Administration, in consultation 
                        with the Secretary, shall designate such areas 
                        on nautical charts.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Safety or stability exception.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Inability to comply with exchange 
                area requirements.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(F) Special rule for the great lakes.--
                This paragraph does not apply to vessels subject to the 
                regulations under paragraph (2).</DELETED>
<DELETED>    ``(f) Ballast Water Treatment Requirements.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) less than 0.1 living organisms per 
                cubic meter that are 50 or more micrometers in minimum 
                dimension;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) concentrations of indicator microbes 
                that are less than--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) 126 colony-forming units of 
                        escherichi coli per 100 milliliters; 
                        and</DELETED>
                        <DELETED>    ``(iii) 33 colony-forming units of 
                        intestinal enterococci per 100 milliliters; 
                        and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Implementation schedule.--Paragraph (1) 
        applies to vessels in accordance with the following 
        schedule:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Fourth phase.--Beginning January 1, 
                2016, for vessels constructed--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) on or after January 1, 
                        2009, and before January 1, 2012, with a 
                        ballast water capacity of 5,000 cubic meters or 
                        more.</DELETED>
        <DELETED>    ``(4) Review of standards.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Delay of application for vessel 
        participating in promising technology evaluations.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Vessel diversity.--The Secretary--
                </DELETED>
                        <DELETED>    ``(i) shall seek to ensure that a 
                        wide variety of vessel types and voyages are 
                        included in the program; but</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) Feasibility review.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) extend the date on which 
                        that subparagraph first applies to vessels for 
                        a period of not more than 36 months; 
                        and</DELETED>
                        <DELETED>    ``(ii) recommend action to ensure 
                        that compliance with the extended date schedule 
                        for that subparagraph is achieved.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Warnings Concerning Ballast Water Uptake.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Contents.--The notice shall include--
        </DELETED>
                <DELETED>    ``(A) the coordinates of the area; 
                and</DELETED>
                <DELETED>    ``(B) if possible, the location of 
                alternative areas for the uptake of ballast 
                water.</DELETED>
<DELETED>    ``(h) Sediment Management.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Design requirements.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) minimizes the uptake and 
                        entrapment of sediment;</DELETED>
                        <DELETED>    ``(ii) facilitates removal of 
                        sediment; and</DELETED>
                        <DELETED>    ``(iii) provides for safe access 
                        for sediment removal and sampling.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Sediment reception facilities.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(i) Examinations and Certifications.--</DELETED>
        <DELETED>    ``(1) Initial examination.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall 
                examine vessels to which this section applies to 
                determine whether--</DELETED>
                        <DELETED>    ``(i) there is a ballast water 
                        management plan for the vessel; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Existing vessels.--For vessels 
                constructed before January 1, 2009, the Secretary 
                shall--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) inspect the vessel's 
                        ballast water record book required by 
                        subsection (d).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Required certificate.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) notify--</DELETED>
                        <DELETED>    ``(i) the master of the vessel; 
                        and</DELETED>
                        <DELETED>    ``(ii) the captain of the port at 
                        the vessel's next port of call; and</DELETED>
                <DELETED>    ``(B) take such other action as may be 
                appropriate.</DELETED>
<DELETED>    ``(j) Detention of Vessels.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the vessel is a vessel to which this 
                section applies;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) the vessel is about to leave a place 
                in the United States.</DELETED>
        <DELETED>    ``(2) Clearance.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(k) Sanctions.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Criminal penalties.--Any person who 
        knowingly violates the regulations promulgated under this 
        section is guilty of a class C felony.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Exception to sanctions.--This subsection 
        does not apply to a failure to exchange ballast water if--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) the recordkeeping and reporting 
                requirements of the Act are complied with.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(p) Consultation With Task Force.--The Secretary shall 
consult with the Task Force in carrying out this section.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Definitions.--Section 1003 of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is 
amended--</DELETED>
        <DELETED>    (1) by redesignating--</DELETED>
                <DELETED>    (A) paragraphs (1), (2), and (3) as 
                paragraphs (2), (3), and (4), respectively;</DELETED>
                <DELETED>    (B) paragraphs (4), (5), (6), (7), and (8) 
                as paragraphs (8), (9), (10), (11), and (12), 
                respectively;</DELETED>
                <DELETED>    (C) paragraphs (9) and (10) as paragraphs 
                (14) and (15) respectively;</DELETED>
                <DELETED>    (D) paragraphs (11) and (12) as paragraphs 
                (17) and (18), respectively;</DELETED>
                <DELETED>    (E) paragraphs (13), (14), and (15) as 
                paragraphs (20), (21), and (22), 
                respectively;</DELETED>
                <DELETED>    (F) paragraph (16) as paragraph (26); 
                and</DELETED>
                <DELETED>    (G) paragraph (17) as paragraph (23) and 
                inserting it after paragraph (22), as 
                redesignated;</DELETED>
        <DELETED>    (2) by inserting before paragraph (2), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(1) `adverse impact' means the direct or 
        indirect result or consequence of an event or process that--
        </DELETED>
                <DELETED>    ``(A) creates a hazard to the environment, 
                human health, property, or a natural 
                resource;</DELETED>
                <DELETED>    ``(B) impairs biological diversity; 
                or</DELETED>
                <DELETED>    ``(C) interferes with the legitimate use 
                of waters subject to the jurisdiction of the United 
                States;'';</DELETED>
        <DELETED>    (3) by striking paragraph (4), as redesignated, 
        and inserting the following:</DELETED>
        <DELETED>    ``(4) `ballast water'--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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);'';</DELETED>
        <DELETED>    (4) by inserting after paragraph (4) the 
        following:</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(7) `constructed' means a state of construction 
        of a vessel at which--</DELETED>
                <DELETED>    ``(A) the keel is laid;</DELETED>
                <DELETED>    ``(B) construction identifiable with the 
                specific vessel begins;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(D) the vessel undergoes a major 
                conversion;'';</DELETED>
        <DELETED>    (5) by inserting after paragraph (12), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(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;'';</DELETED>
        <DELETED>    (6) by inserting after paragraph (15), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(16) `major conversion' means a conversion of a 
        vessel, that--</DELETED>
                <DELETED>    ``(A) changes its ballast water carrying 
                capacity by at least 15 percent;</DELETED>
                <DELETED>    ``(B) changes the vessel class;</DELETED>
                <DELETED>    ``(C) is projected to prolong the vessel's 
                life by at least 10 years (as determined by the 
                Secretary); or</DELETED>
                <DELETED>    ``(D) results in modifications to the 
                vessel's ballast water system, except--</DELETED>
                        <DELETED>    ``(i) component replacement-in-
                        kind; or</DELETED>
                        <DELETED>    ``(ii) conversion of a vessel to 
                        meet the requirements of section 
                        1101(e);'';</DELETED>
        <DELETED>    (7) by inserting after paragraph (18), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(19) `sediment' means matter that has settled 
        out of ballast water within a vessel;'';</DELETED>
        <DELETED>    (8) by inserting after paragraph (23), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(25) `vessel of the Armed Forces' means--
        </DELETED>
                <DELETED>    ``(A) any vessel owned or operated by the 
                Department of Defense, other than a time or voyage 
                chartered vessel; and</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (9) by inserting after paragraph (26), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 1301(a) of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4741(a)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``and'' after the semicolon in 
        paragraph (4)(B);</DELETED>
        <DELETED>    (2) by striking ``1102(f).'' in paragraph (5)(B) 
        and inserting ``1102(f); and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(6) $10,000,000 for each of fiscal years 2006 
        through 2010 to the Secretary to carry out section 
        1101.''.</DELETED>

<DELETED>SEC. 5. COAST GUARD REPORT ON OTHER VESSEL-RELATED VECTORS OF 
              INVASIVE SPECIES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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 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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ballast Water Management Act of 
2005''.

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 aquatic 
        ecosystems in the United States.
            (2) The direct and indirect costs of aquatic invasive 
        species to the economy of the United States have been estimated 
        at 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) Aquatic invasive species are a significant problem 
        throughout 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 species 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.
            (8) Ballast water has been found to transport not only 
        invasive plants and animals but pathogens as well, such as 
        cholera.
            (9) Aquatic invasive species may also be introduced by 
        other vessel conduits, including the hulls of ships.
            (10) Aquatic invasive species may be transferred from other 
        countries, or from distinct regions in the United States.
            (11) Current Federal programs are insufficient to 
        effectively address this growing problem.
            (12) 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.
            (13) In 2004, the International Maritime Organization 
        agreed to a Convention, which the United States played an 
        active role in negotiating, to prevent, minimize, and 
        ultimately eliminate the transfer of aquatic invasive species 
        through the control and management of ballast water and 
        sediments.
            (14) The International Maritime Organization agreement 
        specifically recognizes that countries can take more stringent 
        measures than those of the Convention with respect to the 
        control and management of ships' ballast water and sediment.

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 This Section Applies.--
            ``(1) In general.--Except as provided in paragraphs (2), 
        (3), and (4), this section applies to a vessel that is 
        designed, constructed, or adapted to carry ballast water; and
                    ``(A) is a vessel of United States registry or 
                nationality, or operated under the authority of the 
                United States, wherever located; or
                    ``(B) is a foreign vessel that--
                            ``(i) is en route to a United States port 
                        or place; or
                            ``(ii) has departed from a United States 
                        port or place and is within waters subject to 
                        the jurisdiction of the United States.
            ``(2) Permanent ballast water vessels.--This section does 
        not apply to a vessel that carries all of its permanent ballast 
        water in sealed tanks and is not subject to discharge.
            ``(3) Armed forces vessels.--
                    ``(A) Exemption.--Except as provided in 
                subparagraph (B), this section does not apply to a 
                vessel of the Armed Forces.
                    ``(B) Ballast water management program.--The 
                Secretary of Defense and the Secretary of Homeland 
                Security, after consultation with the Administrator, 
                the Under Secretary of Commerce for Oceans and 
                Atmosphere, and the Secretary, shall implement a 
                ballast water management program, including the 
                promulgation of standards for ballast water exchange 
                and treatment and for sediment management, for vessels 
                of the Armed Forces under their respective 
                jurisdictions designed, constructed, or adapted to 
                carry ballast water that is--
                            ``(i) consistent with the requirements of 
                        this section, including the deadlines; and
                            ``(ii) at least as stringent as the 
                        requirements promulgated for such vessels under 
                        section 312 of the Clean Water Act (33 U.S.C. 
                        1322).
            ``(4) Special rule for small recreational vessels.--In 
        applying this section to recreational vessels less than 50 
        meters in length that have a maximum ballast water capacity of 
        8 cubic meters, the Secretary may promulgate alternative 
        measures for managing ballast water in a manner that is 
        consistent with the requirements of this section.
    ``(b) Uptake and Discharge of Ballast Water or Sediment.--
            ``(1) Prohibition.--The operator of a vessel to which this 
        section applies may not conduct the uptake or discharge of 
        ballast water or sediment except as provided in this section.
            ``(2) Exceptions.--Paragraph (1) does not apply to the 
        uptake or discharge of ballast water or sediment in the 
        following circumstances:
                    ``(A) The uptake or discharge is solely for the 
                purpose of--
                            ``(i) ensuring the safety of the 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 from 
                the vessel of pollution that would otherwise violate 
                applicable Federal or State law.
                    ``(D) The uptake or discharge of ballast water and 
                sediment occurs at the same location where the whole of 
                that ballast water and that sediment originated and 
                there is no mixing with ballast water and sediment from 
                another area that has not been managed in accordance 
                with the requirements of this section.
    ``(c) Vessel Ballast Water Management Plan.--
            ``(1) In general.--The operator of a vessel to which this 
        section applies shall conduct all ballast water management 
        operations of that vessel in accordance with a ballast water 
        management plan designed to minimize the discharge of aquatic 
        invasive species that--
                    ``(A) meets the requirements prescribed by the 
                Secretary by regulation; and
                    ``(B) is approved by the Secretary.
            ``(2) Approval criteria.--
                    ``(A) In general.--The Secretary may not approve a 
                ballast water management plan unless the Secretary 
                determines that the plan--
                            ``(i) describes in detail the actions to be 
                        taken to implement the ballast water management 
                        requirements established under this section;
                            ``(ii) describes in detail the procedures 
                        to be used for disposal of sediment at sea and 
                        on shore in accordance with the requirements of 
                        this section;
                            ``(iii) describes in detail safety 
                        procedures for the vessel and crew associated 
                        with ballast water management;
                            ``(iv) designates the officer on board the 
                        vessel in charge of ensuring that the plan is 
                        properly implemented;
                            ``(v) contains the reporting requirements 
                        for vessels established under this section and 
                        a copy of each form necessary to meet those 
                        requirements; and
                            ``(vi) meets all other requirements 
                        prescribed by the Secretary.
                    ``(B) Foreign vessels.--The Secretary may approve a 
                ballast water management plan for a foreign vessel (as 
                defined in section 2101(12) of title 46, United States 
                Code) on the basis of a certificate of compliance with 
                the criteria described in subparagraph (A) issued by 
                the vessel's country of registration in accordance with 
                regulations promulgated by the Secretary.
            ``(3) Copy of plan on board vessel.--The owner or operator 
        of a vessel to which this section applies shall--
                    ``(A) maintain a copy of the vessel's ballast water 
                management plan on board at all times; and
                    ``(B) keep the plan readily available for 
                examination by the Secretary at all reasonable 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 in English on board the vessel in which--
                    ``(A) each operation involving ballast water or 
                sediment discharge is fully recorded without delay, in 
                accordance with regulations promulgated by the 
                Secretary;
                    ``(B) each such operation is described in detail, 
                including the location and circumstances of, and the 
                reason for, the operation; and
                    ``(C) the exact nature and circumstances of any 
                situation under which any operation was conducted under 
                an exception set forth in subsection (b)(2) or (e)(3) 
                is described.
            ``(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 3 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;
                    ``(B) each completed page in the ballast water 
                record book be signed and dated by the master of the 
                vessel; and
                    ``(C) the owner or operator of the vessel transmit 
                such information to the Secretary regarding the ballast 
                operations of the vessel as the Secretary may require.
            ``(5) Alternative means of recordkeeping.--The Secretary 
        shall 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 is required to conduct 
        ballast water treatment in accordance with subsection (f) of 
        this section, the operator of a vessel to which this section 
        applies may not discharge ballast water except after --
                    ``(A) conducting 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;
                    ``(B) using ballast water treatment that meets the 
                performance standards of subsection (f); or
                    ``(C) using environmentally-sound alternative 
                ballast water treatment, if the Secretary determines 
                that such treatment is at least as effective as the 
                ballast water exchange required by subparagraph (A) in 
                preventing and controlling infestation of aquatic 
                invasive species.
            ``(1A) Guidance; 5-year usage.--
                    ``(A) Guidance.--Within 1 year after the date of 
                enactment of the Ballast Water Management Act of 2005, 
                the Secretary shall develop guidance on technology that 
                may be used to under paragraph (1)(C).
                    ``(B) 5-year usage.--If the Secretary accelerates 
                the schedule under subsection (f)(5)(C) for 
                implementation of the treatment technology required 
                under subsection (f), the Secretary shall allow a 
                vessel using environmentally-sound alternative ballast 
                water treatment under paragraph (1)(C) to continue to 
                use that treatment for 5 years after the date on which 
                the environmentally-sound alternative ballast water 
                treatment was first placed in service on the vessel.
            ``(2) Exchange areas.--
                    ``(A) Vessels outside the united states eez.--The 
                operator of a vessel en route to a United States port 
                or place from a port or place outside the United States 
                exclusive economic zone shall conduct ballast water 
                exchange--
                            ``(i) before arriving at a United States 
                        port or place;
                            ``(ii) at least 200 nautical miles from the 
                        nearest point of land; and
                            ``(iii) in water at least 200 meters in 
                        depth.
                    ``(B) Coastal voyages.--The operator of a vessel 
                originating from a port or place within the United 
                States exclusive economic zone, or from a port within 
                200 nautical miles of the United States in Canada, 
                Mexico, or other ports designated by the Secretary for 
                purposes of this section, shall conduct ballast water 
                exchange--
                            ``(i) at least 50 nautical miles from the 
                        nearest point of land; and
                            ``(ii) in water at least 200 meters in 
                        depth.
            ``(3) Safety or stability exception.--
                    ``(A) In general.--Paragraphs (1) and (2) do not 
                apply to the discharge of ballast water if the master 
                of a vessel determines that compliance with those 
                paragraphs would threaten the safety or stability of 
                the vessel, its crew, or its passengers because of 
                adverse weather, equipment failure, or any other 
                relevant condition.
                    ``(B) Notification required.--Whenever the master 
                of a vessel is unable to comply with the requirements 
                of paragraphs (1) and (2) because of a determination 
                made under subparagraph (A), the master of the vessel 
                shall--
                            ``(i) notify the Secretary as soon as 
                        practicable thereafter but no later than 24 
                        hours after making that determination and shall 
                        ensure that the determination, the reasons for 
                        the determination, and the notice are recorded 
                        in the vessel's ballast water record book; and
                            ``(ii) undertake ballast water exchange--
                                    ``(I) in an alternative area that 
                                may be designated by the Secretary, 
                                after consultation with the 
                                Administrator, the Undersecretary, and 
                                representatives of States the waters of 
                                which would be affected by the 
                                discharge of ballast water; or
                                    ``(II) undertake discharge of 
                                ballast water in accordance with 
                                paragraph (5) if safety or stability 
                                concerns prevent undertaking ballast 
                                water exchange in the alternative area.
                    ``(C) Review of circumstances.--If the master of a 
                vessel conducts a ballast water discharge under the 
                provisions of this paragraph, the Secretary shall 
                review the circumstances to determine whether the 
                discharge met the requirements of this paragraph. The 
                review under this clause shall be in addition to any 
                other enforcement authority of the Secretary.
            ``(4) Discharge under waiver.--
                    ``(A) Substantial business hardship waiver.--If, 
                because of the short length of a voyage, the operator 
                of a vessel is unable to discharge ballast water in 
                accordance with the requirements of paragraph (2)(B) 
                without substantial business hardship, as determined 
                under regulations prescribed by the Secretary, the 
                operator shall request a waiver from the Secretary and 
                discharge the ballast water in accordance with 
                paragraph (5). A request for a waiver under this 
                subparagraph shall be submitted to the Secretary at 
                such time and in such form and manner as the Secretary 
                may require.
                    ``(B) Substantial business hardship.--For purposes 
                of subparagraph (A), the factors taken into account in 
                determining substantial business hardship shall include 
                whether--
                            ``(i) compliance with the requirements of 
                        paragraph (2)(B) would require a sufficiently 
                        great change in routing or scheduling of 
                        service as to compromise the economic or 
                        commercial viability of the trade or business 
                        in which the vessel is operated; or
                            ``(ii) it is reasonable to expect that the 
                        trade or business or service provided will be 
                        continued only if a waiver is granted under 
                        subparagraph (A).
            ``(5) Permissable discharge.--
                    ``(A) In general.--The discharge of ballast water 
                shall be considered to be carried out in accordance 
                with this paragraph if it is--
                            ``(i) in an area designated for that 
                        purpose by the Secretary, after consultation 
                        with the Undersecretary and the Administrator 
                        and representatives of any State that may be 
                        affected by discharge of ballast water in that 
                        area; or
                            ``(ii) into a reception facility described 
                        in subsection (f)(2).
                    ``(B) Limitation on volume.--The volume of any 
                ballast water discharged under the provisions of this 
                paragraph may not exceed the volume necessary to ensure 
                the safe operation of the vessel.
            ``(6) Partial compliance.--The operator of a vessel that is 
        unable to comply fully with the requirements of paragraphs (1) 
        and (2)--
                    ``(A) shall nonetheless conduct ballast water 
                exchange to the maximum extent feasible in compliance 
                with those paragraphs; and
                    ``(B) may conduct a partial ballast water exchange 
                under this paragraph only to the extent that the 
                ballast water in an individual ballast tank can be 
                completely exchanged in accordance with the provisions 
                of paragraph (1)(B).
            ``(7) Special rules for vessels in the great lakes.--Until 
        vessels described in subsection (e)(6) are required to conduct 
        ballast water treatment in accordance with the requirements of 
        subsection (f), the regulations promulgated by the Secretary of 
        Transportation under this section, as such regulations and 
        section were in effect on the day before the date of enactment 
        of the Ballast Water Management Act of 2005, shall remain in 
        full force and effect for, and shall continue to apply to, such 
        vessels.
            ``(8) Certain geographically limited routes.--
        Notwithstanding paragraph (2)(B) of this subsection, the 
        operator of a vessel is not required to comply with the 
        requirements of paragraph (2)(B)--
                    ``(A) if the vessel operates exclusively--
                            ``(i) within Lake Superior, Lake Michigan, 
                        Lake Huron, and Lake Erie and the connecting 
                        channels; or
                            ``(ii) between or among the main group of 
                        the Hawaiian Islands; or
                    ``(B) if the vessel operates exclusively within any 
                area with respect to which the Secretary has 
                determined, after consultation with the Undersecretary, 
                the Administrator, and representatives of States the 
                waters of which would be affected by the discharge of 
                ballast water, that the risk of introducing aquatic 
                invasive species through ballast water discharge in the 
                areas in which the vessel operates is insignificant.
            ``(9) Marine sanctuaries and other prohibited areas.--A 
        vessel may not conduct ballast water exchange or discharge 
        unexchanged ballast water under this subsection within a marine 
        sanctuary designated under title III of the National Marine 
        Sanctuaries Act (16 U.S.C. 1431 et seq.) or in any other waters 
        designated by the Secretary after consultation with the 
        Undersecretary and the Administrator.
            ``(10) Regulations deadline.--The Secretary shall issue a 
        final rule for regulations required by this subsection within 1 
        year after the date of enactment of the Ballast Water 
        Management Act of 2005.
    ``(f) Ballast Water Treatment Requirements.--
            ``(1) Performance standards.--A vessel to which this 
        section applies shall conduct ballast water treatment in 
        accordance with the requirements of this subsection before 
        discharging ballast water so that the ballast water discharged 
        will contain--
                    ``(A) less than 1 living organism per 10 cubic 
                meters that is 50 or more micrometers in minimum 
                dimension;
                    ``(B) less than 1 living organism per 10 
                milliliters that is less than 50 micrometers in minimum 
                dimension and more than 10 micrometers in minimum 
                dimension;
                    ``(C) concentrations of indicator microbes that are 
                less than--
                            ``(i) 1 colony-forming unit of toxicogenic 
                        Vibrio cholera (serotypes O1 and O139) per 100 
                        milliliters, or less than 1 colony-forming unit 
                        of that microbe per gram of wet weight of 
                        zoological samples;
                            ``(ii) 126 colony-forming units of 
                        escherichia coli per 100 milliliters; and
                            ``(iii) 33 colony-forming units of 
                        intestinal enterococci per 100 milliliters; and
                    ``(D) concentrations of such additional indicator 
                microbes as may be specified in regulations promulgated 
                by the Secretary, after consultation with the 
                Environmental Protection Agency, that are less than the 
                amount specified in those regulations.
            ``(2) Reception facility exception.--
                    ``(A) In general.--Paragraph (1) does not apply to 
                a vessel that discharges ballast water into--
                            ``(i) a land-based facility for the 
                        reception of ballast water that meets standards 
                        prescribed by the Administrator; or
                            ``(ii) a water-based facility for the 
                        reception of ballast water that meets standards 
                        prescribed by the Secretary.
                    ``(B) Promulgation of standards.--Within 1 year 
                after the date of enactment of the Ballast Water 
                Management Act of 2005, the Administrator and the 
                Secretary, respectively, shall promulgate standards 
                for--
                            ``(i) the reception of ballast water in 
                        land-based and water-based reception 
                        facilities; and
                            ``(ii) the disposal or treatment of such 
                        ballast water in a way that does not impair or 
                        damage the environment, human health, property, 
                        or resources.
            ``(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) 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, after 
        consultation with the Administrator, within 1 year after the 
        date of enactment of the Ballast Water Management Act of 2005.
            ``(5) 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), or as that date may 
                be extended under this paragraph, 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). In 
                reviewing the technologies the Secretary, after 
                consultation with the Administrator, shall consider--
                            ``(i) the effectiveness of a technology in 
                        achieving the standards;
                            ``(ii) feasibility in terms of 
                        compatibility with ship design and operations;
                            ``(iii) safety considerations;
                            ``(iv) whether a technology has an adverse 
                        impact on the environment; and
                            ``(v) cost effectiveness.
                    ``(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 for any class of vessels, 
                the Secretary shall--
                            ``(i) extend the date on which that 
                        subparagraph first applies to vessels for a 
                        period of not more than 24 months; and
                            ``(ii) recommend action to ensure that 
                        compliance with the extended date schedule for 
                        that subparagraph is achieved.
                    ``(C) Higher standards; earlier implementation.--
                            ``(i) Standards.--If the Secretary 
                        determines that ballast water treatment 
                        technology exists that exceeds the performance 
                        standards required under this subsection, the 
                        Secretary shall, for any class of vessels, 
                        revise the performance standards to incorporate 
                        the higher performance standards.
                            ``(ii) Implementation.--If the Secretary 
                        determines that technology that achieves the 
                        applicable performance standards required under 
                        this subsection can be implemented earlier than 
                        required by this subsection, the Secretary 
                        shall, for any class of vessels, accelerate the 
                        implementation schedule under paragraph (3). If 
                        the Secretary accelerates the implementation 
                        schedule pursuant to this clause, the Secretary 
                        shall provide at least 24 months notice before 
                        such accelerated implementation goes into 
                        effect.
                            ``(iii) Determinations not mutually 
                        exclusive.--The Secretary shall take action 
                        under both clause (i) and clause (ii) if the 
                        Secretary makes determinations under both 
                        clauses.
            ``(6) 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 that are 
                likely 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 shall allow the vessel to use 
                that technology for a 10 year period and such vessel 
                shall be deemed to be in compliance with the 
                requirements of paragraph (1) during that 10-year 
                period.
                    ``(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 5 percent of the vessels 
                        to which subparagraph (A), (B), (C), or (D) of 
                        paragraph (3) applies.
                    ``(C) Termination of grace period.--The Secretary 
                may terminate the 10-year grace period of a vessel 
                under subparagraph (A) if participation of the vessel 
                in the program is terminated without the consent of the 
                Secretary.
                    ``(D) Annual re-evaluation; termination.--The 
                Secretary shall establish an annual evaluation process 
                to determine whether the performance of an approved 
                technology is sufficiently effective and whether it is 
                causing harm to the environment. If the Secretary 
                determines that an approved technology is 
                insufficiently effective or it causing harm to the 
                environment, the Secretary shall revoke the approval 
                granted under subparagraph (D).
            ``(7) Review of standards.--
                    ``(A) In general.--In December, 2012, and in every 
                third year thereafter, the Secretary shall review 
                ballast water treatment standards to determine, after 
                consultation with the Undersecretary and the 
                Administrator, if the standards under this subsection 
                should be revised to reduce the amount of organisms or 
                microbes allowed to be discharged, taking into account 
                improvements in the scientific understanding of 
                biological processes leading to successful invasions of 
                aquatic invasive species and improvements in ballast 
                water treatment technology. The Secretary shall revise 
                by regulation the requirements of this subsection as 
                necessary.
                    ``(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.
            ``(8) High-risk vessels.--
                    ``(A) Vessel list.--Within 1 year after the date of 
                enactment of the Ballast Water Management Act of 2005, 
                the Secretary shall initiate a list, in consultation 
                with States, of vessels that, due to factors such as 
                the origin of their voyages, the frequency of their 
                voyages, the volume of ballast water they carry, the 
                biological makeup of the ballast water, and the fact 
                that they frequently discharge unexchanged or 
                improperly exchanged ballast water pursuant to an 
                exception under subsection (e), pose a relatively high 
                risk of introducing aquatic invasive species into the 
                waters of those States.
                    ``(B) Incentive programs.--The Secretary shall--
                            ``(i) give priority to vessels on the list 
                        for participation in pilot programs described 
                        in paragraph (6); and
                            ``(ii) shall encourage Federal and State 
                        technology development programs or other 
                        incentives (whether positive or negative) to 
                        give priority to such vessels in order to 
                        encourage the adoption of ballast water 
                        treatment technology by those vessels 
                        consistent with the requirements of this 
                        section on an expedited basis.
    ``(g) Warnings Concerning Ballast Water Uptake.--
            ``(1) In general.--The Secretary shall notify vessel owners 
        and operators 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--
                    ``(A) in accordance with this subsection and the 
                ballast water management plan required under subsection 
                (c); and
                    ``(B) more than 200 nautical miles from the nearest 
                point of land or into a reception facility that meets 
                the requirements of paragraph (3).
            ``(2) Design requirements.--
                    ``(A) New vessels.--After December 31, 2008, it 
                shall be unlawful to construct a vessel in the United 
                States to which this section applies unless that vessel 
                is designed and constructed, in accordance with 
                regulations prescribed under subparagraph (C), 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.--Every vessel to which this 
                section applies that was constructed before January 1, 
                2009, shall be modified before January 1, 2009, to the 
                extent practicable, to achieve the objectives described 
                in clauses (i), (ii), and (iii) of subparagraph (A).
                    ``(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, 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 Administrator 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 that meets the requirements 
                        of this section; 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).
                    ``(D) Foreign vessels.--In the case of a foreign 
                vessel (as defined in section 2101(12) of title 46, 
                United States Code), the Secretary shall perform the 
                examination required by this paragraph the first time 
                the vessel enters a United States port.
            ``(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.--The Secretary may carry out 
        such inspections of any vessel to which this section applies at 
        any time, including the taking of ballast water samples, to 
        ensure the vessel's compliance with this Act.
            ``(4) Required certificate.--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.
            ``(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.
            ``(6) Compliance monitoring.--The Secretary shall by 
        regulation establish sampling procedures to monitor compliance 
        with the requirements of this section.
            ``(7) Education and technical assistance programs.--The 
        Secretary may carry out education and technical assistance 
        programs and other measures to promote compliance with the 
        requirements issued under this section.
    ``(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; and
                    ``(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.
            ``(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 withdraw, 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 $32,500. 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.--
                    ``(A) In general.--This subsection does not apply 
                to a failure to exchange ballast water if--
                            ``(i) 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
                            ``(ii) the recordkeeping and reporting 
                        requirements of the Act are complied with.
                    ``(B) Great lakes.--This paragraph does not apply 
                to vessels operating in the Great Lakes.
    ``(l) Enforcement.--
            ``(1) Administrative actions.--If the Secretary finds, 
        after notice and an opportunity for a hearing, that a person 
        has violated any provision of this section or any regulation 
        promulgated hereunder, the Secretary may assess a civil penalty 
        for that violation.
            ``(2) Civil actions.--At the request of the Secretary, the 
        Attorney General may bring a civil action in an appropriate 
        district court of the United States to enforce this section, or 
        any regulation promulgated hereunder. Any court before which 
        such an action is brought may award appropriate relief, 
        including temporary or permanent injunctions and civil 
        penalties.
    ``(m) 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, after 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 aquatic invasive species.
    ``(n) International Cooperation.--The Secretary, in cooperation 
with the Undersecretary, the Secretary of State, the Administrator, the 
heads of other relevant Federal agencies, 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 aquatic invasive 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.
    ``(o) 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.
    ``(p) 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 aquatic invasive species such as hull-
fouling. There are authorized to be appropriated to the Secretary 
$5,000,000 for each of fiscal years 2006 through 2010 to carry out this 
subsection.
    ``(q) Consultation With Task Force.--The Secretary shall consult 
with the Task Force in carrying out this section.
    ``(r) Preemption.--
            ``(1) In general.--Except as provided in paragraph (2) but 
        notwithstanding any other provision of law, the provisions of 
        subsections (e) and (f) supersede any provision of State or 
        local law that is inconsistent with the requirements of those 
        subsections or that conflicts with the requirements of those 
        subsections. The imposition, by State or local law, of greater 
        penalties or fees for acts or omissions that are violations of 
        such law and also violations of this Act shall not be 
        considered to be inconsistent with, or to conflict with, the 
        requirements of those subsections. Nothing in the preceding 
        sentence limits the scope of State or local law provisions that 
        are not to be considered to be inconsistent with, or to 
        conflict with, the requirements of those subsections
            ``(2) Reception facilities.--The standards prescribed by 
        the Administrator or the Secretary under subsection (f)(2) do 
        not supersede any more stringent standard under any otherwise 
        applicable Federal, State, or local law.
            ``(3) Application with other statutes.--This section 
        provides the Federal authority for addressing aquatic invasive 
        species in ballast water or sediment. If there is a conflict 
        between any otherwise applicable provision of Federal law and 
        the requirements of this section, the provisions of this 
        section shall control to the extent that such requirements 
        relate to vessels with respect to aquatic invasive species in 
        ballast water or sediment.
    ``(s) Regulations.--
            ``(1) In general.--The Secretary, after consultation with 
        the Administrator, shall issue such regulations as may be 
        necessary initially to carry out this section within 1 year 
        after the date of enactment of the Ballast Water Management Act 
        of 2005.
            ``(2) Judicial review.--
                    ``(A) 120-day rule.--An interested person may bring 
                an action for review of a final regulation promulgated 
                under this section by the Secretary of the department 
                in which the Coast Guard is operating, or by the 
                Administrator, in the United States Circuit Court of 
                Appeals for the Federal judicial district in which that 
                person resides or transacts business which is directly 
                affected by that regulation only if that action is 
                filed within--
                            ``(i) 120 days after the date on which the 
                        regulation is promulgated; or
                            ``(ii) more than 120 days after that date 
                        if the action is based on grounds that arose 
                        after that 120-day period.
                    ``(B) Review in enforcement proceedings.--A 
                regulation for which review could have been obtained 
                under subparagraph (A) of this paragraph is not subject 
                to judicial review in any civil or criminal proceeding 
                for enforcement.''.
    (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 (13) and 
                (14) respectively;
                    (D) paragraphs (11) and (12) as paragraphs (16) and 
                (17), respectively;
                    (E) paragraphs (13), (14), and (15) as paragraphs 
                (19), (20), and (21), respectively;
                    (F) paragraph (16) as paragraph (25); and
                    (G) paragraph (17) as paragraph (22) and inserting 
                it after paragraph (21), as redesignated;
            (2) by striking ``nuisance'' in paragraph (2), as 
        redesignated, and inserting ``invasive'';
            (3) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) `Administrator' means the Administrator of the 
        Environmental Protection Agency;'';
            (4) 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; 
                and
                    ``(B) any water placed into a ballast tank during 
                cleaning, maintenance, or other operations; but
                    ``(C) does not include water that, at the time of 
                discharge, does not contain aquatic invasive species 
                that was taken on board a vessel and used for a purpose 
                described in subparagraph (A);'';
            (5) 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;'';
            (6) by inserting after paragraph (14), as redesignated, the 
        following:
            ``(15) `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 (17), as redesignated, the 
        following:
            ``(18) `sediment' means matter that has settled out of 
        ballast water within a vessel;'';
            (8) by inserting after paragraph (22), as redesignated, the 
        following:
            ``(23) `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;
            ``(24) `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 (25), as redesignated, the 
        following:
            ``(26) `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) Conforming Amendments.--
            (1) Repeal of section 1103.--Section 1103 of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4713) is repealed.
            (2) References to ``aquatic nuisance''.--The Nonindigenous 
        Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
        4701 et seq.) is amended--
                    (A) by striking ``AQUATIC NUISANCE'' in the heading 
                for title I of Public Law 101-646 (104 Stat. 4761) and 
                inserting ``AQUATIC INVASIVE SPECIES'';
                    (B) by striking ``Aquatic Nuisance'' in the 
                headings for subtitles B and C of title I of Public Law 
                101-646 (104 Stat. 4761 et seq.) and inserting 
                ``Aquatic Invasive'';
                    (C) by striking ``Aquatic Nuisance'' in section 
                1001 (16 U.S.C. 4701 note) and inserting ``Aquatic 
                Invasive Species'';
                    (D) by striking ``Aquatic Nuisance'' in section 
                1003(19) (as redesignated) and inserting ``Aquatic 
                Invasive'';
                    (E) by striking ``Aquatic Nuisance'' in section 
                1201(a) (16 U.S.C. 4721(a)) and inserting ``Aquatic 
                Invasive'';
                    (F) by striking the heading for section 1202 (16 
                U.S.C. 4722) and inserting the following:

``SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM. '';
                    (G) by striking the heading for section 1204 (16 
                U.S.C. 4724) and inserting the following:

``SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGEMENT PLANS. ''; and
                    (H) by striking ``aquatic nuisance'' each place it 
                appears in the text of the Nonindigenous Aquatic 
                Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
                4701 et seq.) and inserting ``aquatic invasive''.
            (3) References in other laws, etc.--Any reference to the 
        Aquatic Nuisance Species Task Force in any other Federal law, 
        Executive order, rule, regulation, or delegation of authority, 
        or any document or pertaining to the Aquatic Nuisance Species 
        Task Force or a member or employee of the Aquatic Nuisance 
        Species Task Force, is deemed to refer to the Aquatic Invasive 
        Species Task Force or a member or employee of the Aquatic 
        Invasive Species Task Force, as appropriate.
    (e) Effective Date.--Except as otherwise provided in section 1101 
of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4711), as amended by this section, the provisions of 
that section as so amended take effect on the date of enactment of this 
Act.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Section 1301(a) of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4741(a)) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (4)(B);
            (2) by striking ``1102(f).'' in paragraph (5)(B) and 
        inserting ``1102(f); and''; and
            (3) by adding at the end the following:
            ``(6) $20,000,000 for each of fiscal years 2006 through 
        2010 to the Secretary to carry out section 1101.''.

SEC. 5. COAST GUARD REPORTS ON OTHER SOURCES OF VESSEL-BORNE INVASIVE 
              SPECIES.

    (a) In General.--
            (1) Hull-fouling and other vessel sources.--Within 180 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.
            (2) 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 discharge of untreated ballast water, as well as 
        standards and procedures for other vessel vectors of aquatic 
        invasive 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.
    (b) Transiting Vessels.--Within 180 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 containing--
            (1) an assessment of the magnitude and potential adverse 
        impacts of ballast water operations from foreign vessels 
        designed, adapted, or constructed to carry ballast water that 
        are transiting waters subject to the jurisdiction of the United 
        States; and
            (2) recommendations, including legislative recommendations 
        if appropriate, of options for addressing ballast water 
        operations of those vessels.
                                                       Calendar No. 291

109th CONGRESS

  1st Session

                                 S. 363

                          [Report No. 109-181]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 16, 2005

                       Reported with an amendment