[Congressional Record Volume 150, Number 75 (Wednesday, June 2, 2004)]
[Senate]
[Pages S6354-S6358]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

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

                                S. 2490

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ballast Water Management Act 
     of 2004''.

     SEC. 2. FINDINGS.

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

     SEC. 3. BALLAST WATER MANAGEMENT.

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

     ``SEC. 1101. BALLAST WATER MANAGEMENT.

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

[[Page S6355]]

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

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

       ``(v) take into consideration different operating 
     conditions; and
       ``(vi) be based on the best scientific information 
     available.
       ``(C) Hudson river port.--The regulations under this 
     paragraph also apply to vessels that enter a United States 
     port on the Hudson River north of the George Washington 
     Bridge.
       ``(D) Education and technical assistance programs.--The 
     Secretary may carry out education and technical assistance 
     programs and other measures to promote compliance

[[Page S6356]]

     with the regulations issued under this paragraph.
       ``(3) Exchange areas.--
       ``(A) In general.--Except as provided in subparagraphs (B), 
     (C), and (D), the operator of a vessel to which this section 
     applies shall conduct ballast water exchange in accordance 
     with regulations prescribed by the Secretary--
       ``(i) at least 200 nautical miles from the nearest land; 
     and
       ``(ii) in water at least 200 meters in depth.
       ``(B) Minimum distance and depth.--
       ``(i) In general.--Except as provided in subparagraph (C), 
     if the operator of a vessel is unable to conduct ballast 
     water exchange in accordance with subparagraph (A), the 
     ballast water exchange shall be conducted in water that is--

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

       ``(ii) Limitation.--The operator of a vessel may not 
     conduct ballast water exchange in accordance with clause (i) 
     in any area with respect to which the Secretary has 
     determined, after consultation with the Administrators of the 
     Environmental Protection Agency and the National Oceanic and 
     Atmospheric Administration, that ballast water exchange in 
     the area will have an adverse impact, notwithstanding the 
     fact that the area meets the distance and depth criteria of 
     clause (i).
       ``(C) Exchange in designated area.--
       ``(i) In general.--If the operator of a vessel is unable to 
     conduct ballast water exchange in accordance with 
     subparagraph (B), the operator of the vessel may conduct 
     ballast water exchange in an area that does not meet the 
     distance and depth criteria of subparagraph (B) in such areas 
     as may be designated by the Administrator of the National 
     Oceanic and Atmospheric Administration, determined in 
     consultation with the Secretary and the Administrator of the 
     Environmental Protection Agency, for that purpose.
       ``(ii) Charting.--The Administrator of the National Oceanic 
     and Atmospheric Administration, in consultation with the 
     Secretary, shall designate such areas on nautical charts.
       ``(iii) Limitation.--The Administrator may not designate an 
     area under clause (i) if a ballast water exchange in that 
     area could have an adverse impact, as determined by the 
     Secretary in consultation with the Administrator of the 
     Environmental Protection Agency.
       ``(D) Safety or stability exception.--
       ``(i) In general.--Subparagraphs (A), (B), and (C) do not 
     apply to the discharge or uptake of ballast water if the 
     master of a vessel determines that compliance with 
     subparagraph (A), (B), or (C), whichever applies, would 
     threaten the safety or stability of the vessel, its crew, or 
     its passengers because of adverse weather, ship design or 
     stress, equipment failure, or any other relevant condition.
       ``(ii) Notification required.--Whenever the master of a 
     vessel conducts a ballast water discharge or uptake under the 
     exception described in clause (i), the master of the vessel 
     shall notify the Secretary as soon as practicable thereafter 
     but no later than 24 hours after the ballast water discharge 
     or uptake commenced.
       ``(iii) Limitation on volume.--The volume of any ballast 
     water taken up or discharged under the exception described in 
     clause (i) may not exceed the volume necessary to ensure the 
     safe operation of the vessel.
       ``(iv) Review of circumstances.--If the master of a vessel 
     conducts a ballast water discharge or uptake under the 
     exception described in clause (i) on more than 2 out of 6 
     sequential voyages, the Secretary shall review the 
     circumstances to determine whether those ballast water 
     discharges or uptakes met the requirements of this 
     subparagraph. The review under this clause shall be in 
     addition to any other enforcement activity by the Secretary.
       ``(E) Inability to comply with exchange area 
     requirements.--
       ``(i) Deviation or delay of voyage.--In determining the 
     ability of the operator of a vessel to conduct ballast water 
     exchange in accordance with the requirements of subparagraph 
     (A) or (B), a vessel is not required to deviate from its 
     intended voyage or unduly delay its voyage to comply with 
     those requirements.
       ``(ii) Partial compliance.--An operator of a vessel that is 
     unable to comply fully with the requirements of subparagraph 
     (A) or (B), shall conduct ballast water exchange to the 
     maximum extent feasible in compliance with those 
     subparagraphs.
       ``(F) Special rule for the Great Lakes.--This paragraph 
     does not apply to vessels subject to the regulations under 
     paragraph (2).
       ``(f) Ballast Water Treatment Requirements.--
       ``(1) In general.--Subject to the implementation schedule 
     in paragraph (3), before discharging ballast water in waters 
     subject to the jurisdiction of the United States a vessel to 
     which this section applies shall conduct ballast water 
     treatment so that the ballast water discharged will contain--
       ``(A) less than 0.1 living organisms per cubic meter that 
     are 50 or more micrometers in minimum dimension;
       ``(B) less than 0.1 living organisms per milliliter that 
     are less than 50 micrometers in minimum dimension and more 
     than 10 micrometers in minimum dimension;
       ``(C) concentrations of indicator microbes that are less 
     than--
       ``(i) 1 colony-forming unit of Toxicogenic vibrio cholera 
     (O1 and O139) per 100 milliliters, or less than 1 colony-
     forming unit of that microbe per gram of wet weight of 
     zoological samples;
       ``(ii) 126 colony-forming units of escherichi coli per 100 
     milliliters; and
       ``(iii) 33 colony-forming units of intestinal enterococci 
     per 100 milliliters; and
       ``(D) concentrations of such indicator microbes as may be 
     specified in regulations promulgated by the Secretary that 
     are less than the amount specified in those regulations.
       ``(2) Reception facility exception.--Paragraph (1) does not 
     apply to a vessel that discharges ballast water into a 
     reception facility that meets standards prescribed by the 
     Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency, for the reception of ballast 
     water that provide for the reception of ballast water and its 
     disposal or treatment in a way that does not impair or damage 
     the environment, human health, property, or resources. The 
     Secretary may not prescribe such standards that are less 
     stringent than any otherwise applicable Federal, State, or 
     local law requirements.
       ``(3) Implementation schedule.--Paragraph (1) applies to 
     vessels in accordance with the following schedule:
       ``(A) First phase.--Beginning January 1, 2009, for vessels 
     constructed on or after that date with a ballast water 
     capacity of less than 5,000 cubic meters.
       ``(B) Second phase.--Beginning January 1, 2012, for vessels 
     constructed on or after that date with a ballast water 
     capacity of 5,000 cubic meters or more.
       ``(C) Third phase.--Beginning January 1, 2014, for vessels 
     constructed before January 1, 2009, with a ballast water 
     capacity of 1,500 cubic meters or more but not more than 
     5,000 cubic meters.
       ``(D) Fourth phase.--Beginning January 1, 2016, for vessels 
     constructed--
       ``(i) before January 1, 2009, with a ballast water capacity 
     of less than 1,500 cubic meters or 5,000 cubic meters or 
     more; or
       ``(ii) on or after January 1, 2009, and before January 1, 
     2012, with a ballast water capacity of 5,000 cubic meters or 
     more.
       ``(4) Review of standards.--
       ``(A) In general.--In December, 2012, and in every third 
     year thereafter, the Secretary shall review the treatment 
     standards established in paragraph (1) of this subsection to 
     determine, in consultation with the Administrator of the 
     National Oceanic and Atmospheric Administration and the 
     Administrator of the Environmental Protection Agency, if the 
     standards should be revised to reduce the amount of organisms 
     or microbes allowed to be discharged using the best available 
     technology economically available. The Secretary shall revise 
     such standards as necessary by regulation.
       ``(B) Application of adjusted standards.--In the 
     regulations, the Secretary shall provide for the prospective 
     application of the adjusted standards prescribed under this 
     paragraph to vessels constructed after the date on which the 
     adjusted standards apply and for an orderly phase-in of the 
     adjusted standards to existing vessels.
       ``(5) Delay of application for vessel participating in 
     promising technology evaluations.--
       ``(A) In general.--If a vessel participates in a program 
     approved by the Secretary to test and evaluate promising 
     ballast water treatment technologies with the potential to 
     result in treatment technologies achieving a standard that is 
     the same as or more stringent than the standard that applies 
     under paragraph (1) before the first date on which paragraph 
     (1) applies to that vessel, the Secretary may postpone the 
     date on which paragraph (1) would otherwise apply to that 
     vessel for not more than 5 years.
       ``(B) Vessel diversity.--The Secretary--
       ``(i) shall seek to ensure that a wide variety of vessel 
     types and voyages are included in the program; but
       ``(ii) may not grant a delay under this paragraph to more 
     than 1 percent of the vessels to which subparagraph (A), (B), 
     (C), or (D) of paragraph (3) applies.
       ``(C) Termination of postponement.--The Secretary may 
     terminate the 5-year postponement period if participation of 
     the vessel in the program is terminated without the consent 
     of the Secretary.
       ``(6) Feasibility review.--
       ``(A) In general.--Not less than 2 years before the date on 
     which paragraph (1) applies to vessels under each 
     subparagraph of paragraph (3), the Secretary shall complete a 
     review to determine whether appropriate technologies are 
     available to achieve the standards set forth in paragraph (1) 
     for the vessels to which they apply under the schedule set 
     forth in paragraph (3).
       ``(B) Delay in scheduled application.--If the Secretary 
     determines, on the basis of the review conducted under 
     subparagraph (A), that compliance with the standards set 
     forth in paragraph (1) in accordance with the schedule set 
     forth in any subparagraph of paragraph (3) is not feasible, 
     the Secretary shall--
       ``(i) extend the date on which that subparagraph first 
     applies to vessels for a period of not more than 36 months; 
     and
       ``(ii) recommend action to ensure that compliance with the 
     extended date schedule for that subparagraph is achieved.
       ``(7) Treatment system approval required.--The operator of 
     a vessel may not use a ballast water treatment system to

[[Page S6357]]

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

[[Page S6358]]

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

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

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