[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2423 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2423

To provide for the management and treatment of ballast water to prevent 
  the introduction of nonindigenous aquatic species into coastal and 
      inland waters of the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2007

Mr. LaTourette (for himself, Mr. Baker, Mr. Gilchrest, Mr. Ehlers, and 
   Mrs. Miller of Michigan) introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To provide for the management and treatment of ballast water to prevent 
  the introduction of nonindigenous aquatic species into coastal and 
      inland waters of the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ballast Water Management Act of 
2007''.

SEC. 2. REFERENCES.

    Wherever in this Act an amendment or repeal is expressed in terms 
of an amendment to or a repeal of a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of the Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4701 et seq.).

SEC. 3. DEFINITIONS.

    Section 1003 (16 U.S.C. 4702) is amended--
            (1) in paragraph (7) by striking ``Canandian'' and 
        inserting ``Canadian'';
            (2) by striking ``and'' at the end of paragraph (16);
            (3) by striking the period at the end of paragraph (17) and 
        inserting a semicolon; and
            (4) by adding at the end the following:
            ``(18) `alternative ballast water management method' means 
        a mechanical, physical, chemical, biological, or other process, 
        technology, procedure, or method of killing, removing, or 
        rendering nonviable organisms in ballast water and associated 
        sediments;
            ``(19) `ship pathway' means a potential mode by which 
        aquatic nuisance species may be transported from one ecosystem 
        to another by a vessel, including carriage in ballast water, 
        carriage in sea chests, or hull fouling;
            ``(20) `ballast water capacity' means the total volumetric 
        capacity of all tanks, spaces, and compartments on a vessel 
        that are used for carrying, loading, or discharging ballast 
        water, including any multi-use tank, space, or compartment 
        designed to allow carriage of ballast water;
            ``(21) `constructed' means--
                    ``(A) a stage of construction of a vessel at 
                which--
                            ``(i) the keel is laid;
                            ``(ii) construction identifiable with the 
                        specific vessel begins; or
                            ``(iii) assembly of the vessel has been 
                        completed comprising at least 50 metric tons or 
                        1 percent of the estimated mass of all 
                        structural material, whichever is less; or
                    ``(B) the initiation of a major conversion of the 
                vessel;
            ``(22) `major conversion' means a conversion of a vessel 
        that--
                    ``(A) changes its ballast water carrying capacity 
                by 15 percent or greater;
                    ``(B) changes the vessel type;
                    ``(C) in the determination of the Secretary, is 
                projected to prolong the life of the vessel by 10 years 
                or more; or
                    ``(D) results in modifications to its ballast water 
                system other than component replacement-in-kind; and
            ``(23) `sediment' means matter that has settled out of 
        ballast water within a vessel.''.

SEC. 4. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED STATES.

    (a) Ballast Water Management.--Section 1101 (16 U.S.C. 4711) is 
amended by striking subsections (a) through (g) and inserting the 
following:
    ``(a) National Regulations.--
            ``(1) In general.--The Secretary shall issue regulations to 
        prevent the introduction and spread of nonindigenous species in 
        waters of the United States by ballast water operations and 
        other operations of vessels equipped with ballast water tanks.
            ``(2) Content.--The regulations issued under this 
        subsection shall--
                    ``(A) ensure to the maximum extent practicable that 
                aquatic nuisance species are not discharged into waters 
                of the United States from vessels;
                    ``(B) apply to all vessels equipped with ballast 
                water tanks that operate in waters of the United 
                States;
                    ``(C) protect the safety of--
                            ``(i) each vessel; and
                            ``(ii) the crew and passengers of each 
                        vessel;
                    ``(D) direct a vessel that is equipped with ballast 
                water tanks, including a vessel that is not carrying 
                ballast water on board, that operates in waters of the 
                United States after operating beyond the exclusive 
                economic zone to--
                            ``(i) carry out the exchange of ballast 
                        water of the vessel in waters beyond the 
                        exclusive economic zone;
                            ``(ii) exchange the ballast water of the 
                        vessel in other waters where the exchange does 
                        not pose a threat of infestation or spread of 
                        nonindigenous species in waters of the United 
                        States, as recommended by the Task Force under 
                        section 1102(a)(1); or
                            ``(iii) use environmentally sound 
                        alternative ballast water management methods, 
                        including modification of the vessel ballast 
                        water tanks and intake systems, if the 
                        Secretary determines that such alternative 
                        methods are at least as effective as ballast 
                        water exchange in preventing and controlling 
                        infestations of aquatic nuisance species;
                    ``(E) direct vessels to carry out management 
                practices that the Secretary determines to be necessary 
                to reduce the probability of unintentional 
                nonindigenous species transfer resulting from vessel 
                operations other than ballast water discharge;
                    ``(F) in order to enable the Secretary to determine 
                compliance with the regulations, provide for the 
                keeping of records that shall be submitted to the 
                Secretary as prescribed by the regulations, and that 
                shall be maintained on board each vessel and made 
                available for inspection upon request of the Secretary 
                and in a manner consistent with subsections (c) and 
                (d), including--
                            ``(i) with respect to each ballast water 
                        exchange referred to in subparagraph (D)(ii), 
                        reporting on the precise location and 
                        thoroughness of the exchange; and
                            ``(ii) any other information that the 
                        Secretary considers necessary to assess the 
                        rate of effective compliance with the 
                        regulations;
                    ``(G) provide for sampling procedures to monitor 
                compliance with the regulations;
                    ``(H) take into consideration--
                            ``(i) vessel types;
                            ``(ii) variations in the characteristics of 
                        points of origin and receiving water bodies;
                            ``(iii) variations in the ecological 
                        conditions of waters and coastal areas of the 
                        United States; and
                            ``(iv) different operating conditions;
                    ``(I) be based on the best scientific information 
                available;
                    ``(J) not require a vessel to deviate from its 
                intended voyage or cause undue delay to the operation 
                of a vessel to which the regulations apply;
                    ``(K) provide an exemption from ballast water 
                exchange requirements to passenger vessels with 
                operating ballast water systems that are equipped with 
                treatment systems designed to kill aquatic organisms in 
                ballast water, unless the Secretary determines that 
                such treatment systems are less effective than ballast 
                water exchange at reducing the risk of transfers of 
                invasive species in the ballast water of passenger 
                vessels;
                    ``(L) not apply to crude oil tankers engaged in the 
                coastwise trade; and
                    ``(M) not apply to a vessel that carries all of its 
                ballast water in permanently sealed tanks in such a 
                manner that the ballast water is not subject to 
                discharge.
            ``(3) Education and technical assistance programs.--The 
        Secretary shall carry out education and technical assistance 
        programs and other measures to encourage compliance with the 
        regulations issued under this subsection.
    ``(b) Ballast Water Management.--
            ``(1) National ballast water discharge standards.--The 
        Secretary shall issue regulations to establish national ballast 
        water discharge standards that limit the number of living 
        organisms contained in ballast water discharged from vessels 
        into waters of the United States.
            ``(2) Requirements under standards.--The standards 
        established under paragraph (1) shall require that ballast 
        water discharged from covered vessels--
                    ``(A) contain fewer than 0.1 living organisms 
                greater than or equal to 50 microns in minimum 
                dimension per cubic meter of discharged ballast water;
                    ``(B) contain fewer than 0.1 living organisms that 
                are less than 50 microns in minimum dimension and more 
                than 10 microns in minimum dimension per milliliter of 
                discharged ballast water;
                    ``(C) contain concentrations of--
                            ``(i) fewer than 1 colony-forming unit of 
                        toxicogenic Vibrio cholera (serotypes O1 and 
                        O139) per 100 milliliters of discharged ballast 
                        water or fewer than 1 colony-forming unit of 
                        that microbe per gram of wet weight of 
                        zoological samples;
                            ``(ii) fewer than 126 colony-forming units 
                        of Escherichia coli per 100 milliliters of 
                        discharged ballast water; and
                            ``(iii) fewer than 33 colony-forming units 
                        of intestinal enterococci per 100 milliliters 
                        of discharged ballast water; and
                    ``(D) contain concentrations of such additional 
                indicator microbes as may be specified in regulations 
                promulgated by the Secretary that are less than the 
                amount specified in those regulations.
            ``(3) Applicability of standards.--The regulations issued 
        under this subsection shall--
                    ``(A) apply to all vessels equipped with ballast 
                water tanks that enter the waters of the United States 
                after operating beyond the exclusive economic zone; and
                    ``(B) require that a vessel to which ballast water 
                discharge standards established under this subsection 
                apply comply with such standards, in lieu of 
                requirements under subsection (a)--
                            ``(i) in the case of a vessel constructed 
                        on or after January 1, 2009, with a ballast 
                        water capacity less than 5,000 cubic meters, 
                        upon completion of such construction;
                            ``(ii) in the case of a vessel constructed 
                        on or after January 1, 2012, with a ballast 
                        water capacity equal to or greater than 5,000 
                        cubic meters, by not later than upon completion 
                        of such construction;
                            ``(iii) in the case of a vessel constructed 
                        before January 1, 2009, with a ballast water 
                        capacity of 1,500 cubic meters of more but not 
                        more than 5,000 cubic meters, by not later than 
                        the earlier of--
                                    ``(I) January 1, 2014; or
                                    ``(II) the end of the first 
                                drydocking of the vessel after January 
                                1, 2009;
                            ``(iv) in the case of a vessel constructed 
                        before January 1, 2009, with a ballast water 
                        capacity less than 1,500 cubic meters or equal 
                        to or greater than 5,000, cubic meters by not 
                        later than the earlier of--
                                    ``(I) January 1, 2016; or
                                    ``(II) the end of the first 
                                drydocking of the vessel after January 
                                1, 2012; or
                            ``(v) in the case of a vessel constructed 
                        on or after January 1, 2009, and before January 
                        1, 2012, with a ballast water capacity greater 
                        than 5,000 cubic meters, by not later than 
                        January 1, 2016.
            ``(4) Limitation.--Paragraph (3)(A) does not include a 
        vessel that enters the waters of the United States while 
        engaged in the coastwise trade.
            ``(5) Reception facility exception.--
                    ``(A) In general.--Regulations issued under 
                paragraph (1) shall not apply to ballast water that is 
                discharged from a vessel into a water-based or land-
                based facility for the reception and disposal or 
                treatment of ballast water that meets standards 
                prescribed by the Secretary.
                    ``(B) Promulgation of standards.--Within 1 year 
                after the date of the enactment of the Ballast Water 
                Management Act of 2007, the Secretary shall promulgate 
                standards for--
                            ``(i) the reception of ballast water at 
                        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.
            ``(6) Review of alternative ballast water management 
        methods.--
                    ``(A) Requirement to review.--The Secretary shall 
                periodically review the effectiveness, cost, safety, 
                and availability of--
                            ``(i) alternative ballast water management 
                        methods evaluated or demonstrated under the 
                        programs established under section 1104; and
                            ``(ii) other alternative ballast water 
                        management methods submitted to the Secretary 
                        that have been demonstrated onboard vessels and 
                        for which there has been a scientific peer 
                        review, as determined by the Secretary, of the 
                        results of the demonstration.
                    ``(B) Deadlines.--The Secretary shall--
                            ``(i) complete an initial review of 
                        alternative ballast water management methods 
                        under subparagraph (A) within 24 months after 
                        the date of the enactment of the Ballast Water 
                        Management Act of 2007; and
                            ``(ii) carry out subsequent reviews of 
                        alternative ballast water management methods 
                        under subparagraph (A) no later than 24 months 
                        after the date that the previous review was 
                        completed.
            ``(7) Determination of available ballast water management 
        methods.--
                    ``(A) In general.--Upon completion of each review 
                under paragraph (6), the Secretary shall determine 
                whether one or more alternative ballast water 
                management methods are available to achieve the 
                national ballast water discharge standards established 
                under this subsection consistent with the 
                implementation schedule set forth in paragraph (3)(B). 
                In making such determination, the Secretary shall 
                consider whether the methods are--
                            ``(i) cost-effective;
                            ``(ii) environmentally sound;
                            ``(iii) operationally practical;
                            ``(iv) able to be retrofitted on existing 
                        vessels or incorporated on new vessels (or 
                        both);
                            ``(v) safe for the vessel and crew;
                            ``(vi) accessible to monitoring; and
                            ``(vii) economically achievable.
                    ``(B) Distinction among vessels.--In making a 
                determination under this paragraph, the Secretary may 
                distinguish among age or ballast water capacity of 
                vessels to which the determination applies.
                    ``(C) Delay in scheduled application.--If the 
                Secretary determines under subparagraph (A) that 
                compliance with the standards set forth under this 
                subsection in accordance with the implementation 
                schedule set forth in paragraph (3)(B) is not feasible 
                for any class of vessels, the Secretary shall--
                            ``(i) delay the date on which such 
                        standards apply to that class of vessels for a 
                        period of not more than 24 months; and
                            ``(ii) recommend action to ensure such 
                        compliance in accordance with the revised 
                        implementation schedule for that class of 
                        vessels by the date established under clause 
                        (ii).
                    ``(D) Acceleration of scheduled application.--If 
                the Secretary determines, following a review under 
                paragraph (6), that alternative ballast water 
                management methods are available for a class of vessels 
                to achieve the national ballast water discharge 
                standards established under this subsection before the 
                dates established in the implementation schedule set 
                forth in paragraph (3)(B), the Secretary may, for such 
                class of vessels, accelerate the implementation of 
                ballast water management regulations under this 
                subsection. If the Secretary accelerates the 
                implementation schedule under this subparagraph, the 
                Secretary shall provide notice in the Federal Register 
                not less than 24 months before the date on which such 
                accelerated implementation schedule goes into effect.
            ``(8) Review of standards.--The Secretary shall from time 
        to time review and may, if appropriate, revise standards 
        established under this subsection following notice and the 
        opportunity for submission of comments.
            ``(9) Existing equipment.--Any covered vessel that has 
        installed an alternative ballast water management method 
        onboard that meets standards established under this section, as 
        in effect at the time of such installation, shall not be 
        subject to any different ballast water management standard 
        under this subsection until the earlier of--
                    ``(A) the end of the useful life of the vessel; or
                    ``(B) the end of the useful life of the installed 
                alternative ballast water management method equipment.
            ``(10) Content of regulations.--Regulations promulgated 
        under this section shall--
                    ``(A) require covered vessels to carry out 
                management practices that the Secretary determines to 
                be necessary to reduce the probability of unintentional 
                nonindigenous species transfer resulting from vessel 
                operations other than ballast water discharge;
                    ``(B) provide for appropriate means, as determined 
                by the Secretary, for determining compliance with any 
                standard established under this subsection;
                    ``(C) in order to enable the Secretary to determine 
                compliance with the regulations, provide for the 
                keeping of records that shall be submitted to the 
                Secretary, as prescribed by the regulations, and that 
                shall be maintained on board each vessel and made 
                available for inspection, upon request of the Secretary 
                and in a manner consistent with subsections (c) and (d) 
                of this section, including any information that the 
                Secretary considers necessary to assess the rate of 
                effective compliance with the regulations;
                    ``(D) provide for sampling procedures to monitor 
                compliance with the regulations;
                    ``(E) take into consideration--
                            ``(i) vessel age; and
                            ``(ii) vessel ballast water capacity; and
                    ``(F) be based on the best scientific information, 
                as determined by the Secretary.
            ``(11) Definition.--For purposes of this subsection, the 
        term `covered vessel' means any vessel to which standards 
        established under this subsection apply under paragraph (3).
    ``(c) Vessel Ballast Water Management Plan.--
            ``(1) In general.--The operator of a vessel that is 
        equipped with ballast water tanks and that enters the waters of 
        the United States after operating beyond the exclusive economic 
        zone 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 nuisance 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 110(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.--A copy of the vessel 
        ballast water management plan shall--
                    ``(A) be maintained on board at all times; and
                    ``(B) be made readily available for inspection, 
                upon request by the Secretary.
    ``(d) Vessel Ballast Water Record Book.--
            ``(1) In general.--The operator of a vessel that is 
        equipped with ballast water tanks and that enters the waters of 
        the United States after operating beyond the exclusive economic 
        zone 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 (k) is described.
            ``(2) Availability.--The ballast water record book--
                    ``(A) shall be made readily available for 
                inspection, upon request by the Secretary; and
                    ``(B) notwithstanding paragraph (1), may be kept on 
                the towing vessel in the case of an unmanned vessel 
                under tow.
            ``(3) Retention period.--The ballast water record book 
        shall be retained--
                    ``(A) on board the vessel for a period of 2 years 
                after the date on which the last entry in the book is 
                made; and
                    ``(B) under the control of the vessel's owner for 
                an additional period of 3 years.
            ``(4) Regulations.--The Secretary shall issue regulations 
        to carry out this subsection that 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) Sediment Management.--
            ``(1) In general.--The operator of a vessel that is 
        equipped with ballast water tanks and that enters the waters of 
        the United States after operating beyond the exclusive economic 
        zone 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 that is equipped with ballast water tanks 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 in such tanks;
                            ``(ii) facilitates removal of sediment from 
                        such tanks; and
                            ``(iii) provides for safe access for 
                        sediment removal and sampling.
                    ``(B) Existing vessels.--Every vessel that is 
                equipped with ballast water tanks and that enters the 
                waters of the United States after operating beyond the 
                exclusive economic zone that was constructed before 
                January 1, 2009, shall be modified before January 1, 
                2009, to the extent determined by the Secretary to be 
                practicable and in accordance with regulations under 
                subparagraph (C), 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 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 Secretary, in consultation 
                with the Administrator of the Environmental Protection 
                Agency, shall promulgate regulations governing 
                facilities for the reception of vessel sediment from 
                ballast water tanks, 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.
                    ``(B) Designation.--The Secretary, in consultation 
                with the Administrator of the Environmental Protection 
                Agency, 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 water tanks are cleaned or 
                repaired.
    ``(f) Sanctions.--
            ``(1) Civil penalties.--Any person who violates a 
        regulation promulgated under this section shall be liable for a 
        civil penalty in an amount not to exceed $25,000. Each day of a 
        continuing violation constitutes a separate violation. A vessel 
        operated in violation of the regulations is liable in rem for 
        any civil penalty assessed under this subsection for that 
        violation.
            ``(2) Criminal penalties.--Any person who knowingly 
        violates the regulations promulgated under this section is 
        guilty of a class C felony.
            ``(3) Refusal or revocation of clearance.--Except as 
        provided in subsection (g), upon request of the Secretary, the 
        Secretary of the Treasury shall withhold or revoke the 
        clearance of a vessel required by section 60105 of title 46, 
        United States Code, if the owner or operator of that vessel is 
        in violation of the regulations issued under this section.
            ``(4) Exception to sanctions.--This subsection does not 
        apply to a failure to exchange ballast water if--
                    ``(A) the master of a vessel, acting in good faith, 
                decides that the exchange of ballast water will 
                threaten the safety or stability of the vessel, its 
                crew, or its passengers; and
                    ``(B) the recordkeeping and reporting requirements 
                of this chapter are complied with.
    ``(g) Detention of Vessels.--
            ``(1) In general.--If any owner, agent, master, officer, or 
        person in charge of a vessel is liable for a penalty under this 
        subsection, or if reasonable cause exists to believe that the 
        owner, agent, master, officer, or person in charge may be 
        subject to a penalty under this subsection, the Secretary may, 
        with respect to such vessel, refuse or revoke any clearance 
        required by section 60105 of title 46, United States Code.
            ``(2) Clearance upon filing of bond or other surety.--The 
        Secretary may require the filing of a bond or other surety as a 
        condition of granting clearance refused or revoked under this 
        subsection.''.
    (b) Conforming Amendments.--
            (1) Section 1101(i) (16 U.S.C. 4711(i)) is amended by 
        striking ``guidelines issued and''.
            (2) Section 1101(k) (16 U.S.C. 4711(k)) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``(1) Master discretion.--
                        ''; and
                            (ii) by inserting ``required under this 
                        section'' after ``ballast water exchange''; and
                    (B) by striking paragraphs (2) and (3).

SEC. 5. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.

    Section 1102 (16 U.S.C. 4712) is amended--
            (1) by adding at the end the following:
    ``(g) Alternative Ship Pathway Survey.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretary, shall examine potential ship pathways, other 
        than the release of ballast water, by which aquatic nuisance 
        species may be introduced into the waters of the United States.
            ``(2) Report.--Not later than 18 months after the date of 
        enactment of the Ballast Water Management Act of 2007, the 
        Secretary shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report on the results of the survey under this 
        subsection.
    ``(h) Ballast Water Surveys.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretary, shall conduct the following ballast water 
        surveys:
                    ``(A) A survey of the number of living organisms in 
                untreated ballast water of a representative number of 
                vessels, as determined by the Secretary.
                    ``(B) A survey of the number of living organisms in 
                the ballast water of a representative number of 
                vessels, as determined by the Secretary, that has been 
                exchanged on the high seas.
                    ``(C) Surveys of the number of living organisms in 
                the ballast water of vessels that have installed 
                alternative ballast water management methods under the 
                evaluation program established under section 1104.
            ``(2) Reports.--The Secretary shall submit to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate--
                    ``(A) a report on the results of the surveys under 
                subparagraphs (A) and (B) of paragraph (1) by not later 
                than 18 months after the date of the enactment of the 
                Ballast Water Management Act of 2007; and
                    ``(B) a report on the results of the surveys 
                required under subparagraph (C) of paragraph (1) upon 
                completion of each demonstration concerned.'';
            (2) in subsection (b)(1)(B)(ii) by striking ``guidelines 
        issued and'';
            (3) in subsection (b)(2)(B)(ii) by striking ``voluntary 
        guidelines issued, and'';
            (4) in subsection (c)(1) by striking ``section 1101(b)'' 
        and inserting ``section 1101(a)''; and
            (5) in subsection (f)(1)(B) by striking ``guidelines issued 
        pursuant to section 1101(c)'' and inserting ``regulations 
        issued pursuant to section 1101''.

SEC. 6. BALLAST WATER MANAGEMENT EVALUATION AND DEMONSTRATION PROGRAM.

    Section 1104 (16 U.S.C. 4714) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 1104. ALTERNATIVE BALLAST WATER MANAGEMENT METHOD EVALUATION AND 
              DEMONSTRATION PROGRAMS.'';

            (2) by striking subsection (a);
            (3) by redesignating subsection (b) as subsection (a);
            (4) by redesignating subsection (c) as subsection (d);
            (5) in subsection (a), as so redesignated--
                    (A) by striking so much as precedes paragraph (2) 
                and inserting the following:
    ``(a) Shipboard Technology Evaluation Program.--
            ``(1) In general.--The Secretary shall establish a 
        Shipboard Technology Evaluation Program to evaluate alternative 
        ballast water management methods aboard vessels to prevent 
        aquatic nuisance species from being introduced into and spread 
        through discharges of ballast water in waters of the United 
        States.''; and
                    (B) in paragraph (2) by striking ``of the 
                technologies and practices used in the demonstration 
                program'' and inserting ``of alternative ballast water 
                management methods used in the program'';
            (6) in subsection (a)(3), as so redesignated, by striking 
        ``technologies and practices'' and all that follows through 
        ``shall--'' and inserting ``alternative ballast water 
        management methods on vessels under this subsection, the 
        Secretary shall--'';
            (7) in subsection (a)(3)(A), as so redesignated, by 
        striking clause (i) and redesignating clauses (ii) and (iii) in 
        order as clauses (i) and (ii);
            (8) by amending subsection (a)(3)(A)(i), as so 
        redesignated, to read as follows:
                            ``(i) have ballast water systems conducive 
                        to testing aboard the vessel; and'';
            (9) by amending subsection (a)(3)(C), as so redesignated, 
        to read as follows:
                    ``(C) seek to use a variety of vessel types.'';
            (10) by amending subsection (a)(4), as so redesignated, to 
        read as follows:
            ``(4) Selection of alternative ballast water management 
        methods.--In order for an alternative ballast water management 
        method to be eligible to be installed on vessels for evaluation 
        under this section, such method must be, at a minimum--
                    ``(A) determined by the Secretary to have the 
                demonstrated potential to reduce the number of 
                organisms greater than or equal to 50 microns in 
                minimum dimension in discharged ballast water to fewer 
                than 10 living organisms per cubic meter of water;
                    ``(B) cost-effective;
                    ``(C) environmentally sound;
                    ``(D) operationally practical;
                    ``(E) able to be retrofitted on existing vessels or 
                incorporated in new vessel design (or both);
                    ``(F) safe for a vessel and crew; and
                    ``(G) accessible to monitoring.'';
            (11) in subsection (a), as so redesignated, by adding at 
        the end the following:
            ``(6) Exemption from regulations.--Any vessel that 
        participates in the program under this subsection shall be 
        exempt from ballast water exchange requirements or applicable 
        ballast water discharge standards under section 1101 during--
                    ``(A) the period during which the vessel actively 
                participates in and successfully meets the requirements 
                of the program, as determined by the Secretary; and
                    ``(B) the period of the useful life of the vessel 
                or the useful life of the installed alternative ballast 
                water management method, whichever is shorter,
        if the installed alternative ballast water management method 
        continues to operate satisfactorily, as determined by the 
        Secretary, and the technology and procedures comprising the 
        method have no significant adverse effect on the environment or 
        risk to the vessel or human health.
            ``(7) Authority of secretary to review and revise 
        criteria.--The Secretary may review and revise the criteria 
        described in paragraph (4)(A) to require alternative ballast 
        water management methods to meet a more stringent ballast water 
        discharge standard, including standards promulgated under 
        section 1101(b)(2), before being eligible for installation 
        aboard vessels under the program.'';
            (12) by inserting after subsection (a), as so redesignated, 
        the following:
    ``(b) Shipboard Technology Demonstration Program.--
            ``(1) In general.--The Under Secretary, with the 
        concurrence of and in cooperation with the Secretary, shall 
        conduct a program to demonstrate alternative ballast water 
        management methods evaluated aboard vessels under subsection 
        (a) to prevent aquatic nuisance species from being introduced 
        into and spread through ballast water in waters of the United 
        States.
            ``(2) Location.--The installation and construction of 
        alternative ballast water management methods used in the 
        demonstration program under this subsection shall be performed 
        in the United States.
            ``(3) Vessel eligibility.--Vessels eligible to participate 
        in the demonstration program under this subsection shall 
        consist only of vessels that have been accepted into and are 
        actively participating in the Shipboard Technology Evaluation 
        Program under subsection (a).
            ``(4) Grants.--
                    ``(A) In general.--The Under Secretary shall 
                establish a grant program to provide funding for 
                acquiring, installing, and operating alternative 
                ballast water management methods aboard vessels 
                participating in the program under this subsection.
                    ``(B) Matching requirements.--The amount of Federal 
                funds used for any demonstration project under this 
                subsection--
                            ``(i) shall not exceed $1,000,000; and
                            ``(ii) shall not exceed 50 percent of the 
                        total cost of such project.
    ``(c) Alternative Ship Pathway Program.--
            ``(1) In general.--The Under Secretary, with the 
        concurrence of and in cooperation with the Secretary, shall 
        conduct a program to demonstrate and verify technologies and 
        practices to monitor and control the introduction of aquatic 
        invasive species by ship pathways other than the release of 
        ballast water.
            ``(2) Selection of methods.--The Under Secretary may not 
        select technologies and practices for demonstration or 
        verification under paragraph (1) unless such technologies and 
        practices, in the determination of the Under Secretary, in 
        consultation with the Secretary, meet the criteria outlined in 
        subparagraphs (B) through (G) of subsection (a)(4).
            ``(3) Location.--The installation and construction of 
        technologies and practices for demonstration and verification 
        under this subsection shall be performed in the United 
        States.''; and
            (13) in subsection (d), as so redesignated, by striking 
        ``Secretary of the Interior'' each place it appears and 
        inserting ``Secretary, in consultation with the Under 
        Secretary,''.

SEC. 7. PROGRAM TO SUPPORT THE SETTING AND IMPLEMENTATION OF STANDARDS.

    Subtitle B of title I (16 U.S.C. 4711) is amended by adding at the 
end the following:

``SEC. 1105. PROGRAM TO SUPPORT THE SETTING AND IMPLEMENTATION OF 
              STANDARDS.

    ``(a) In General.--The Secretary, in coordination with the Under 
Secretary, the Task Force, and other appropriate Federal agencies, 
shall carry out a coordinated program to support the promulgation and 
implementation of standards under section 1101 to prevent the 
introduction and spread of aquatic invasive species by vessels.
    ``(b) Program Components.--The program under this section shall, at 
a minimum--
            ``(1) characterize physical, chemical, and biological 
        conditions at ballast water discharge locations in waters of 
        the United States, to inform the design and implementation of 
        vessel vector control technologies and practices;
            ``(2) develop testing protocols for determining the 
        effectiveness of vessel vector monitoring and control 
        technologies and practices;
            ``(3) demonstrate methods for mitigating the spread of 
        invasive species by coastal voyages, including exploring the 
        effectiveness of alternative exchange zones in the near coastal 
        areas and other methods proposed to reduce transfers of 
        organisms;
            ``(4) verify the practical effectiveness of any process for 
        approving a type of alternative ballast water management method 
        as meeting standards established under section 1101, to ensure 
        that the process produces repeatable and accurate assessments 
        of treatment effectiveness; and
            ``(5) evaluate the effectiveness and residual risk and 
        environmental impacts associated with any standard established 
        with respect to ship pathways.''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    Subsection 1301(a) (16 U.S.C. 4741(a)) is amended--
            (1) in the matter preceding paragraph (1) by striking 
        ``develop and''; and
            (2) by striking paragraphs (1) through (5) and inserting 
        the following:
            ``(1) $4,660,000 to the Secretary for each of the fiscal 
        years 2008 through 2013 to carry out section 1101;
            ``(2) $500,000 to the Secretary for each of fiscal years 
        2008 through 2013 to carry out section 1102(f);
            ``(3) $6,000,000 to the Under Secretary for each of fiscal 
        years 2008 through 2013 to carry out paragraph (4) of section 
        1104(b);
            ``(4) $1,500,000 to the Under Secretary for each of fiscal 
        years 2008 through 2013 to carry out section 1104(c); and
            ``(5) for each of fiscal years 2008 through 2013 to carry 
        out section 1105--
                    ``(A) $1,500,000 to the Secretary; and
                    ``(B) $1,500,000 to the Under Secretary.''.
                                 <all>