[Congressional Record Volume 153, Number 91 (Thursday, June 7, 2007)]
[Senate]
[Pages S7360-S7366]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE (for himself and Mr. Stevens):
  S. 1578. A bill to amend the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 to establish vessel ballast water 
management requirements, and or other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. INOUYE. Mr. President, the United States has more than 95,000 
miles of coastline, and its ocean territory is larger than the combined 
land area of all 50 States. We rely on our oceans for such diverse 
benefits as recreation, food, transportation, and energy. All 
Americans, regardless of whether they reside in the Nation's heartland 
or along the coast, are impacted by the ocean.
  That is why I rise today, joined by Vice Chairman Ted Stevens and 
several other Commerce Committee colleagues, in introducing a group of 
bills to provide for sustainable use and protection of our ocean and 
coastal areas.
  Our oceans and coasts provide us with tremendous economic and 
recreational opportunities. It is critical that use of ocean resources 
and coasts is sustainable and that we address the many existing and 
emerging risks to their well-being. As the U.S. Commission on Ocean 
Policy has thoroughly documented, our oceans and coasts are faced with 
many threats, including those posed by pollution, increasing population 
growth and coastal development, overfishing, climate change, and ocean 
acidification. All of the bills my colleagues and I are introducing 
today implement recommendations of the Ocean Commission.
  First, the Coral Reef Conservation Amendments Act of 2007 would 
reauthorize the Coral Reef Conservation Act of 2000 and provide 
critical authorities for preserving, restoring, and managing in a 
sustainable manner our coral reef ecosystems. Coral reefs are one of 
the oldest and most diverse ecosystems on the planet, and they provide 
environmental and economic benefits such as shoreline protection as 
well as critical habitat for approximately half of all federally-
managed fisheries.
  Second, the Hydrographic Services Improvement Act Amendments of 2007 
would reauthorize and strengthen authorities to survey and analyze the 
physical condition of our Nation's coasts and waterways, along with 
elements that impact safe navigation. Conducting surveys of our 
Nation's coasts and waterways is a core mission for the National 
Oceanic and Atmospheric Administration and provides valuable services 
to the maritime industry and to Federal agencies responsible for 
maritime transportation, homeland security, and emergency response.
  Third, the Ballast Water Management Act of 2007 would amend the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 and 
establish ballast water management requirements to mitigate the 
introduction and spread of invasive species from ships. The bill would 
also seek to prevent the introduction of invasive species from ship 
equipment or hulls. Invasive species brought into the United States 
from other countries have caused billions of dollars in damage to the 
U.S. economy.
  In addition to the initiatives I have highlighted, a number of other 
ocean-related bills are being introduced today by colleagues on the 
Commerce Committee. These include a bill by Senator Lautenberg to 
establish a much-needed Federal program to conduct research, 
monitoring, and education to examine the processes and consequences of 
ocean acidification, and a bill by Senator Snowe to reauthorize the 
Coastal Zone Management Act.
  This week we celebrate Capitol Hill Ocean Week. Many organizations 
and agencies are using this opportunity to educate and raise public 
awareness about the impact of our oceans on our society and economy. 
The bills that my colleagues and I are introducing today address many 
of those needs being highlighted. I urge my Senate colleagues to 
support the Commerce Committee's bipartisan efforts to improve the 
health and management of our oceans and coasts.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1578

       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. FINDINGS.

       Section 1002(a) of the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 4701(a)) is 
     amended--
       (1) by redesignating paragraphs (14) and (15) as paragraphs 
     (15) and (16);
       (2) by inserting after paragraph (13) the following:
       ``(14) aquatic nuisance species may be introduced by other 
     vessel conduits, including the hulls of ships;
       (3) by striking ``inland lakes and rivers by recreational 
     boaters, commercial barge traffic, and a variety of other 
     pathways; and'' in paragraph (15), as redesignated, and 
     inserting ``other areas of the United States, including 
     coastal areas, inland lakes, and rivers by recreational 
     boaters, commercial traffic, and a variety of other 
     pathways;'';
       (4) by inserting ``nongovernmental entities, institutions 
     of higher education, and the private sector,'' after 
     ``governments,'' in paragraph (16), as redesignated;
       (5) by striking ``technologies.'' in paragraph (16), as 
     redesignated, and inserting ``technologies;''; and
       (6) adding at the end the following:
       ``(17) in 2004, the International Maritime Organization 
     agreed to a Convention, which the United States played an 
     active role in negotiating, to prevent, minimize, and 
     ultimately eliminate the transfer of aquatic nuisance species 
     through the control and management of ballast water and 
     sediments;
       ``(18) the International Maritime Organization agreement 
     specifically recognizes that countries can take more 
     stringent measures than those of the Convention with respect 
     to the control and management of ships' ballast water and 
     sediment; and
       ``(19) due to the interstate nature of maritime 
     transportation and the ways by which aquatic nuisance species 
     may be transferred by vessels, a comprehensive and uniform 
     national approach for addressing vessel-borne aquatic 
     nuisance species is needed to address this issue 
     effectively.''.

     SEC. 3. MANAGEMENT OF VESSEL-BORNE AQUATIC NUISANCE SPECIES.

       (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:

[[Page S7361]]

     ``SEC. 1101. MANAGEMENT OF VESSEL-BORNE AQUATIC NUISANCE 
                   SPECIES.

       ``(a) Statement of Purpose; Vessels to Which This Section 
     Applies.--
       ``(1) Purposes.--The purposes of this section are--
       ``(A) to provide an effective, comprehensive, and uniform 
     national approach for addressing the introduction and spread 
     of aquatic nuisance species from ballast water and other 
     ship-borne vectors;
       ``(B) to require, as part of that approach, mandatory 
     treatment technology, with the ultimate goal of achieving 
     zero discharge of aquatic nuisance species;
       ``(C) to create incentives for the development of ballast 
     water treatment technologies;
       ``(D) to implement the International Convention for the 
     Control and Management of Ships' Ballast Water and Sediments, 
     adopted by the International Maritime Organization in 2004; 
     and
       ``(E) to establish a management approach for other ship-
     borne vectors of aquatic nuisance species.
       ``(2) In general.--Except as provided in paragraphs (3), 
     (4), (5), and (6) this section applies to a vessel that is 
     designed, constructed, or adapted to carry ballast water; and
       ``(A) is a vessel of United States registry or nationality, 
     or operated under the authority of the United States, 
     wherever located; or
       ``(B) is a foreign vessel that--
       ``(i) is en route to a United States port or place; or
       ``(ii) has departed from a United States port or place and 
     is within waters subject to the jurisdiction of the United 
     States.
       ``(3) Permanent ballast water vessels.--Except as provided 
     in paragraph (6), this section does not apply to a vessel 
     that carries all of its permanent ballast water in sealed 
     tanks and is not subject to discharge.
       ``(4) Armed forces vessels.--
       ``(A) Exemption.--Except as provided in subparagraph (B) 
     and paragraph (6), this section does not apply to a vessel of 
     the Armed Forces.
       ``(B) Ballast water management program.--The Secretary and 
     the Secretary of Defense, after consultation with each other 
     and with the Under Secretary of Commerce for Oceans and 
     Atmosphere, the Administrator of the Environmental Protection 
     Agency, and other appropriate Federal agencies as determined 
     by the Secretary, shall implement a ballast water management 
     program, including the promulgation of standards for ballast 
     water exchange and treatment and for sediment management, for 
     vessels of the Armed Forces under their respective 
     jurisdictions designed, constructed, or adapted to carry 
     ballast water that is--
       ``(i) consistent with the requirements of this section, 
     including the deadlines; and
       ``(ii) at least as stringent as the requirements 
     promulgated for such vessels under section 312 of the Clean 
     Water Act (33 U.S.C. 1322).
       ``(5) Special rule for small vessels.--In applying this 
     section to vessels less than 50 meters in length that have a 
     maximum ballast water capacity of 8 cubic meters, the 
     Secretary may promulgate alternative measures for managing 
     ballast water in a manner that is consistent with the 
     purposes of this Act.
       ``(6) Other sources of vessel-borne aquatic nuisance 
     species.--Measures undertaken by the Secretary under 
     subsection (s) shall apply to all vessels (as defined in 
     section 3 of title 1, United States Code).
       ``(b) Uptake and Discharge of Ballast Water or Sediment.--
       ``(1) Prohibition.--The operator of a vessel to which this 
     section applies may not conduct the uptake or discharge of 
     ballast water or sediment except as provided in this section.
       ``(2) Exceptions.--Paragraph (1) does not apply to the 
     uptake or discharge of ballast water or sediment in the 
     following circumstances:
       ``(A) The uptake or discharge is solely for the purpose 
     of--
       ``(i) ensuring the safety of the vessel in an emergency 
     situation; or
       ``(ii) saving a life at sea.
       ``(B) The uptake or discharge is accidental and the result 
     of damage to the vessel or its equipment and--
       ``(i) all reasonable precautions to prevent or minimize 
     ballast water and sediment discharge have been taken before 
     and after the damage occurs, the discovery of the damage, and 
     the discharge; and
       ``(ii) the owner or officer in charge of the vessel did not 
     willfully or recklessly cause the damage.
       ``(C) The uptake or discharge is solely for the purpose of 
     avoiding or minimizing the discharge from the vessel of 
     pollution that would otherwise violate applicable Federal or 
     State law.
       ``(D) The uptake or discharge of ballast water and sediment 
     occurs at the same location where the whole of that ballast 
     water and that sediment originated and there is no mixing 
     with ballast water and sediment from another area that has 
     not been managed in accordance with the requirements of this 
     section.
       ``(c) Vessel Ballast Water Management Plan.--
       ``(1) In general.--The operator of a vessel to which this 
     section applies shall conduct all ballast water management 
     operations of that vessel in accordance with a ballast water 
     management plan designed to minimize the discharge of aquatic 
     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;
       ``(vi) incorporates regulatory requirements, guidance, and 
     best practices developed under subsection (s) for other 
     vessel pathways by which aquatic nuisance species are 
     transported; and
       ``(vii) meets all other requirements prescribed by the 
     Secretary.
       ``(B) Foreign vessels.--The Secretary may approve a ballast 
     water management plan for a foreign vessel (as defined in 
     section 2101(12) of title 46, United States Code) on the 
     basis of a certificate of compliance with the criteria 
     described in subparagraph (A) issued by the vessel's country 
     of registration in accordance with regulations promulgated by 
     the Secretary.
       ``(3) Copy of plan on board vessel.--The owner or operator 
     of a vessel to which this section applies shall--
       ``(A) maintain a copy of the vessel's ballast water 
     management plan on board at all times; and
       ``(B) keep the plan readily available for examination by 
     the Secretary at all reasonable times.
       ``(d) Vessel Ballast Water Record Book.--
       ``(1) In general.--The owner or operator of a vessel to 
     which this section applies shall maintain a ballast water 
     record book in English on board the vessel in which--
       ``(A) each operation involving ballast water or sediment 
     discharge is fully recorded without delay, in accordance with 
     regulations promulgated by the Secretary;
       ``(B) each such operation is described in detail, including 
     the location and circumstances of, and the reason for, the 
     operation; and
       ``(C) the exact nature and circumstances of any situation 
     under which any operation was conducted under an exception 
     set forth in subsection (b)(2) or (e)(3) is described.
       ``(2) Availability.--The ballast water record book--
       ``(A) shall be kept readily available for examination by 
     the Secretary at all reasonable times; and
       ``(B) notwithstanding paragraph (1), may be kept on the 
     towing vessel in the case of an unmanned vessel under tow.
       ``(3) Retention period.--The ballast water record book 
     shall be retained--
       ``(A) on board the vessel for a period of 3 years after the 
     date on which the last entry in the book is made; and
       ``(B) under the control of the vessel's owner for an 
     additional period of 3 years.
       ``(4) Regulations.--In the regulations prescribed under 
     this section, the Secretary shall require, at a minimum, 
     that--
       ``(A) each entry in the ballast water record book be signed 
     and dated by the officer in charge of the ballast water 
     operation recorded;
       ``(B) each completed page in the ballast water record book 
     be signed and dated by the master of the vessel; and
       ``(C) the owner or operator of the vessel transmit such 
     information to the Secretary regarding the ballast operations 
     of the vessel as the Secretary may require.
       ``(5) Alternative means of recordkeeping.--The Secretary 
     shall provide by regulation for alternative methods of 
     recordkeeping, including electronic recordkeeping, to comply 
     with the requirements of this subsection. Any electronic 
     recordkeeping method authorized by the Secretary shall 
     support the inspection and enforcement provisions of this Act 
     and shall comply with applicable standards of the National 
     Institute of Standards and Technology and the Office of 
     Management and Budget governing reliability, integrity, 
     identity authentication, and nonrepudiation of stored 
     electronic data.
       ``(e) Ballast Water Exchange Requirements.--
       ``(1) In general.--
       ``(A) Requirement.--Until a vessel is required to conduct 
     ballast water treatment in accordance with subsection (f) of 
     this section, the operator of a vessel to which this section 
     applies may not discharge ballast water in waters subject to 
     the jurisdiction of the United States except after--
       ``(i) conducting ballast water exchange as required by this 
     subsection, 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;

[[Page S7362]]

       ``(ii) using ballast water treatment technology that meets 
     the performance standards of subsection (f); or
       ``(iii) using environmentally-sound alternative ballast 
     water treatment technology, if the Secretary determines that 
     such treatment technology is at least as effective as the 
     ballast water exchange required by clause (i) in preventing 
     and controlling the introduction of aquatic nuisance species.
       ``(B) Technology efficacy.--For purposes of this paragraph, 
     a ballast water treatment technology shall be considered to 
     be at least as effective as the ballast water exchange 
     required by clause (i) in preventing and controlling the 
     introduction of aquatic nuisance species if preliminary 
     experiments prior to installation of the technology aboard 
     the vessel demonstrate that the technology removed at least 
     98 percent of organisms larger than 50 microns.
       ``(2) Guidance; 5-year usage.--
       ``(A) Guidance.--Within 1 year after the date of enactment 
     of the Ballast Water Management Act of 2007, after public 
     notice and opportunity for comment, the Secretary shall 
     develop guidance on technology that may be used under 
     paragraph (1)(A)(iii).
       ``(B) 5-year usage.--The Secretary shall allow a vessel 
     using environmentally-sound alternative ballast water 
     treatment technology under paragraph (1)(A)(iii) to continue 
     to use that technology for 5 years after the date on which 
     the environmentally-sound alternative ballast water treatment 
     technology was first placed in service on the vessel, or the 
     date on which treatment requirements under subsection (f) 
     become applicable, whichever is later.
       ``(3) Exchange areas.--
       ``(A) Vessels outside the united states eez.--The operator 
     of a vessel en route to a United States port or place from a 
     port or place outside the United States exclusive economic 
     zone shall conduct ballast water exchange--
       ``(i) before arriving at a United States port or place;
       ``(ii) at least 200 nautical miles from the nearest point 
     of land; and
       ``(iii) in water at least 200 meters in depth.
       ``(B) Coastal voyages.--In lieu of using an exchange zone 
     described in subparagraph (A)(ii) or (iii), the operator of a 
     vessel originating from a port or place within waters subject 
     to the jurisdiction of the United States, or from a port 
     within 200 nautical miles of the United States in Canada, 
     Mexico, or other ports designated by the Secretary for 
     purposes of this section, and which does not voyage into 
     waters described in subparagraph (A)(ii) or (iii), shall 
     conduct ballast water exchange--
       ``(i) at least 50 nautical miles from the nearest point of 
     land; and
       ``(ii) in water at least 200 meters in depth.
       ``(4) Safety or stability exception.--
       ``(A) Secretarial determination.--Paragraph (3) does not 
     apply to the discharge of ballast water if the Secretary 
     determines that compliance with that paragraph would threaten 
     the safety or stability of the vessel, its crew, or its 
     passengers because of the design or operating characteristics 
     of the vessel.
       ``(B) Master of the vessel determination.--Paragraph (3) 
     does not apply to the discharge of ballast water if the 
     master of a vessel determines that compliance with that 
     paragraph would threaten the safety or stability of the 
     vessel, its crew, or its passengers because of adverse 
     weather, equipment failure, or any other relevant condition.
       ``(C) Notification required.--Whenever the master of a 
     vessel is unable to comply with the requirements of paragraph 
     (3) because of a determination made under subparagraph (B), 
     the master of the vessel shall--
       ``(i) notify the Secretary as soon as practicable 
     thereafter but no later than 24 hours after making that 
     determination and shall ensure that the determination, the 
     reasons for the determination, and the notice are recorded in 
     the vessel's ballast water record book; and
       ``(ii) undertake ballast water exchange--

       ``(I) in an alternative area that may be designated by the 
     Secretary, after consultation with the Undersecretary, and 
     other appropriate Federal agencies as determined by the 
     Secretary, and representatives of States the waters of which 
     may be affected by the discharge of ballast water; or
       ``(II) undertake discharge of ballast water in accordance 
     with paragraph (6) if safety or stability concerns prevent 
     undertaking ballast water exchange in the alternative area.

       ``(D) Review of circumstances.--If the master of a vessel 
     conducts a ballast water discharge under the provisions of 
     this paragraph, the Secretary shall review the circumstances 
     to determine whether the discharge met the requirements of 
     this paragraph. The review under this clause shall be in 
     addition to any other enforcement authority of the Secretary.
       ``(5) Discharge under waiver.--
       ``(A) Substantial business hardship waiver.--If, because of 
     the short length of a voyage, the operator of a vessel is 
     unable to discharge ballast water in accordance with the 
     requirements of paragraph (3)(B) without substantial business 
     hardship, as determined under regulations prescribed by the 
     Secretary, the operator shall request a waiver from the 
     Secretary and discharge the ballast water in accordance with 
     paragraph (6). A request for a waiver under this subparagraph 
     shall be submitted to the Secretary at such time and in such 
     form and manner as the Secretary may require.
       ``(B) Substantial business hardship.--For purposes of 
     subparagraph (A), the factors taken into account in 
     determining substantial business hardship shall include 
     whether--
       ``(i) compliance with the requirements of paragraph (3)(B) 
     would require a sufficiently great change in routing or 
     scheduling of service as to compromise the economic or 
     commercial viability of the trade or business in which the 
     vessel is operated; or
       ``(ii) it is reasonable to expect that the trade or 
     business or service provided will be continued only if a 
     waiver is granted under subparagraph (A).
       ``(6) Permissable discharge.--
       ``(A) In general.--The discharge of unexchanged ballast 
     water shall be considered to be carried out in accordance 
     with this paragraph if it is--
       ``(i) in an area designated for that purpose by the 
     Secretary, after consultation with the Undersecretary and 
     other appropriate Federal agencies as determined by the 
     Secretary and representatives of any State that may be 
     affected by discharge of ballast water in that area; or
       ``(ii) into a reception facility described in subsection 
     (f)(2).
       ``(B) Limitation on volume.--The volume of any ballast 
     water discharged under the provisions of this paragraph may 
     not exceed the volume necessary to ensure the safe operation 
     of the vessel.
       ``(7) Partial compliance.--The operator of a vessel that is 
     unable to comply fully with the requirements of paragraph 
     (3)--
       ``(A) shall nonetheless conduct ballast water exchange to 
     the maximum extent feasible in compliance with those 
     paragraphs; and
       ``(B) may conduct a partial ballast water exchange under 
     this paragraph only to the extent that the ballast water in 
     an individual ballast tank can be completely exchanged in 
     accordance with the provisions of paragraph (1)(A).
       ``(8) Certain geographically limited routes.--
     Notwithstanding paragraph (3)(B) of this subsection, the 
     operator of a vessel is not required to comply with the 
     requirements of this subsection--
       ``(A) if the vessel operates exclusively--
       ``(i) within Lake Superior, Lake Michigan, Lake Huron, and 
     Lake Erie and the connecting channels; or
       ``(ii) between or among the main group of the Hawaiian 
     Islands; or
       ``(B) if the vessel operates exclusively within any area 
     with respect to which the Secretary has determined, after 
     consultation with the Undersecretary, the Administrator, and 
     representatives of States the waters of which would be 
     affected by the discharge of ballast water, that the risk of 
     introducing aquatic nuisance species through ballast water 
     discharge in the areas in which the vessel operates is 
     insignificant.
       ``(9) Marine sanctuaries and other prohibited areas.--A 
     vessel may not conduct ballast water exchange or discharge 
     unexchanged ballast water under this subsection within a 
     marine sanctuary designated under title III of the National 
     Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) or in any 
     other waters designated by the Secretary after consultation 
     with the Undersecretary and the Administrator.
       ``(10) Regulations deadline.--The Secretary shall issue a 
     final rule for regulations required by this subsection within 
     1 year after the date of enactment of the Ballast Water 
     Management Act of 2007.
       ``(11) Vessels operating in the great lakes.--
       ``(A) Regulations.--Until such time as regulations are 
     promulgated to implement the amendments made by the Ballast 
     Water Management Act of 2007, regulations promulgated to 
     carry out this Act shall remain in effect until revised or 
     replaced pursuant to the Ballast Water Management Act of 
     2007.
       ``(B) Relationship to other programs.--On promulgation of 
     regulations required under this Act to implement a national 
     mandatory ballast management program that is at least as 
     comprehensive as the Great Lakes program (as determined by 
     the Secretary, in consultation with the Governors of Great 
     Lakes States)--
       ``(i) the program regulating vessels and ballast water in 
     Great Lakes under this section shall terminate; and
       ``(ii) the national program shall apply to such vessels and 
     ballast water.
       ``(12) Vessels with no ballast on board.--Not later than 
     180 days after the date of enactment of the Ballast Water 
     Management Act of 2007, the Secretary shall promulgate 
     regulations to minimize the discharge of invasive species 
     from ships entering a United States port or place from 
     outside the United States exclusive economic zone that claim 
     no ballast on board, or that claim to be carrying only 
     unpumpable quantities of ballast, including, at a minimum, a 
     requirement that--
       ``(i) such a ship shall conduct saltwater flushing of 
     ballast water tanks--

       ``(I) outside the exclusive economic zone; or
       ``(II) at a designated alternative exchange site; and

       ``(ii) before being allowed entry into the Great Lakes 
     beyond the St. Lawrence Seaway, the master of such a ship 
     shall certify that the ship has complied with each applicable 
     requirement under this subsection.
       ``(f) Ballast Water Treatment Requirements.--

[[Page S7363]]

       ``(1) Performance standards.--A vessel to which this 
     section applies shall conduct ballast water treatment in 
     accordance with the requirements of this subsection before 
     discharging ballast water so that the ballast water 
     discharged will contain--
       ``(A) less than 1 living organism per 10 cubic meters that 
     is 50 or more micrometers in minimum dimension;
       ``(B) less than 1 living organism per 10 milliliters that 
     is less than 50 micrometers in minimum dimension and more 
     than 10 micrometers in minimum dimension;
       ``(C) concentrations of indicator microbes that are less 
     than--
       ``(i) 1 colony-forming unit of toxicogenic Vibrio cholera 
     (serotypes O1 and O139) per 100 milliliters, or less than 1 
     colony-forming unit of that microbe per gram of wet weight of 
     zoological samples;
       ``(ii) 126 colony-forming units of escherichia coli per 100 
     milliliters; and
       ``(iii) 33 colony-forming units of intestinal enterococci 
     per 100 milliliters; and
       ``(D) concentrations of such additional indicator microbes 
     as may be specified in regulations promulgated by the 
     Administrator, after consultation with the Secretary and 
     other appropriate Federal agencies as determined by the 
     Secretary, that are less than the amount specified in those 
     regulations.
       ``(2) Reception facility exception.--
       ``(A) In general.--Paragraph (1) does not apply to a vessel 
     that discharges ballast water into a facility for the 
     reception of ballast water that meets standards prescribed by 
     the Administrator.
       ``(B) Promulgation of standards.--Within 1 year after the 
     date of enactment of the Ballast Water Management Act of 
     2007, the Administrator, in consultation with the Secretary 
     other appropriate Federal agencies as determined by the 
     Administrator, shall promulgate standards for--
       ``(i) the reception of ballast water from vessels into 
     reception facilities; and
       ``(ii) the disposal or treatment of such ballast water in a 
     way that does not impair or damage the environment, human 
     health, property, or resources.
       ``(3) Implementation schedule.--Paragraph (1) applies to 
     vessels in accordance with the following schedule:
       ``(A) First phase.--Beginning January 1, 2011, 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, 2013, 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, 2013, for vessels 
     constructed before January 1, 2011, 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, 2015, for vessels 
     constructed--
       ``(i) before January 1, 2011, 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, 2011, and before January 1, 
     2013, with a ballast water capacity of 5,000 cubic meters or 
     more.
       ``(4) Treatment system approval required.--The operator of 
     a vessel may not use a ballast water treatment system to 
     comply with the requirements of this subsection unless the 
     system is approved by the Secretary, in consultation with the 
     Administrator. The Secretary shall promulgate regulations 
     establishing a process for such approval, after consultation 
     with the Administrator and other appropriate Federal agencies 
     as determined by the Secretary, within 1 year after the date 
     of enactment of the Ballast Water Management Act of 2007.
       ``(5) Feasibility review.--
       ``(A) In general.--Not less than 2 years before the date on 
     which paragraph (1) applies to vessels under each 
     subparagraph of paragraph (3), or as that date may be 
     extended under this paragraph, the Secretary, in consultation 
     with the Administrator, shall complete a review to determine 
     whether appropriate technologies are available to achieve the 
     standards set forth in paragraph (1) for the vessels to which 
     they apply under the schedule set forth in paragraph (3). In 
     reviewing the technologies the Secretary, after consultation 
     with the Administrator and other appropriate Federal agencies 
     as determined by the Secretary, shall consider--
       ``(i) the effectiveness of a technology in achieving the 
     standards;
       ``(ii) feasibility in terms of compatibility with ship 
     design and operations;
       ``(iii) safety considerations;
       ``(iv) whether a technology has an adverse impact on the 
     environment; and
       ``(v) cost effectiveness.
       ``(B) Delay in scheduled application.--If the Secretary 
     determines, on the basis of the review conducted under 
     subparagraph (A), that compliance with the standards set 
     forth in paragraph (1) in accordance with the schedule set 
     forth in any subparagraph of paragraph (3) is not feasible 
     for any class of vessels, the Secretary shall require use of 
     the best performing technology available that meets, at a 
     minimum, the applicable ballast water discharge standard of 
     the International Maritime Organization. If the Secretary 
     finds that no technology exists that will achieve either the 
     standards set forth in paragraph (1) or the standards of the 
     International Maritime Organization, then, the Secretary 
     shall--
       ``(i) extend the date on which that subparagraph first 
     applies to vessels for a period of not more than 24 months; 
     and
       ``(ii) recommend action to ensure that compliance with the 
     extended date schedule for that subparagraph is achieved.
       ``(C) Higher standards; earlier implementation.--
       ``(i) Standards.--If the Secretary determines that ballast 
     water treatment technology exists that exceeds the 
     performance standards required under this subsection, the 
     Secretary shall, for any class of vessels, revise the 
     performance standards to incorporate the higher performance 
     standards.
       ``(ii) Implementation.--If the Secretary determines that 
     technology that achieves the applicable performance standards 
     required under this subsection can be implemented earlier 
     than required by this subsection, the Secretary shall, for 
     any class of vessels, accelerate the implementation schedule 
     under paragraph (3). If the Secretary accelerates the 
     implementation schedule pursuant to this clause, the 
     Secretary shall provide at least 24 months notice before such 
     accelerated implementation goes into effect.
       ``(iii) Determinations not mutually exclusive.--The 
     Secretary shall take action under both clause (i) and clause 
     (ii) if the Secretary makes determinations under both 
     clauses.
       ``(6) Delay of application for vessel participating in 
     promising technology evaluations.--
       ``(A) In general.--If a vessel participates in a program 
     approved by the Secretary to test and evaluate promising 
     ballast water treatment technologies that are likely to 
     result in treatment technologies achieving a standard that is 
     the same as or more stringent than the standard that applies 
     under paragraph (1) before the first date on which paragraph 
     (1) applies to that vessel, the Secretary shall allow the 
     vessel to use that technology for a 10 year period and such 
     vessel shall be deemed to be in compliance with the 
     requirements of paragraph (1) during that 10-year period.
       ``(B) Vessel diversity.--The Secretary--
       ``(i) shall seek to ensure that a wide variety of vessel 
     types and voyages are included in the program; but
       ``(ii) may not grant a delay under this paragraph to more 
     than 5 percent of the vessels to which subparagraph (A), (B), 
     (C), or (D) of paragraph (3) applies.
       ``(C) Termination of grace period.--The Secretary may 
     terminate the 10-year grace period of a vessel under 
     subparagraph (A) if participation of the vessel in the 
     program is terminated without the consent of the Secretary.
       ``(D) Annual re-evaluation; termination.--The Secretary 
     shall establish an annual evaluation process to determine 
     whether the performance of an approved technology is 
     sufficiently effective and whether it is causing harm to the 
     environment. If the Secretary determines that an approved 
     technology is insufficiently effective or is causing harm to 
     the environment, the Secretary shall revoke the approval 
     granted under subparagraph (A).
       ``(7) Review of standards.--
       ``(A) In general.--In December, 2014, and in every third 
     year thereafter, the Administrator, in consultation with the 
     Secretary, shall review ballast water treatment standards to 
     determine, after consultation with the Undersecretary and 
     other appropriate Federal agencies as determined by the 
     Secretary, if the standards under this subsection should be 
     revised to reduce the amount of organisms or microbes allowed 
     to be discharged, taking into account improvements in the 
     scientific understanding of biological processes leading to 
     the spread of aquatic nuisance species and improvements in 
     ballast water treatment technology. The Administrator shall 
     revise by regulation the performance standard required under 
     this subsection as necessary.
       ``(B) Application of adjusted standards.--In the 
     regulations, the Secretary shall provide for the prospective 
     application of the adjusted standards prescribed under this 
     paragraph to vessels constructed after the date on which the 
     adjusted standards apply and for an orderly phase-in of the 
     adjusted standards to existing vessels.
       ``(8) Installed equipment.--If ballast water treatment 
     technology used for purposes of complying with the 
     regulations under this subsection is installed on a vessel, 
     maintained in good working order, and used by the vessel, the 
     vessel may use that technology for the shorter of--
       ``(A) the 10-year period beginning on the date of initial 
     use of the technology; or
       ``(B) the life of the ship on which the technology is used.
       ``(9) High-risk vessels.--
       ``(A) Vessel list.--Within 1 year after the date of 
     enactment of the Ballast Water Management Act of 2007, the 
     Secretary shall publish and regularly update a list of 
     vessels identified by States that, due to factors such as the 
     origin of their voyages, the frequency of their voyages, the 
     volume of ballast water they carry, the biological makeup of 
     the ballast water, and the fact that they frequently 
     discharge unexchanged ballast water pursuant to an exception 
     under subsection (e), pose a relatively high risk of 
     introducing aquatic nuisance species into the waters of those 
     States.
       ``(B) Incentive programs.--The Secretary shall give 
     priority to vessels on the list for participation in pilot 
     programs described in paragraph (6). Any Federal agency, and 
     any State agency with respect to vessels identified by such 
     State to the Secretary for inclusion on the list pursuant to 
     subparagraph (A), may develop technology development

[[Page S7364]]

     programs or other incentives (whether positive or negative) 
     to such vessels in order to encourage the adoption of ballast 
     water treatment technology by those vessels consistent with 
     the requirements of this section on an expedited basis.
       ``(9) Exception for vessels operating exclusively in 
     determined area.--
       ``(A) In general.--Paragraph (1) does not apply to a vessel 
     that operates exclusively within an area if the Secretary has 
     determined through a rulemaking proceeding, after 
     consultation with the Undersecretary and other appropriate 
     Federal agencies as determined by the Secretary, and 
     representatives of States the waters of which could be 
     affected by the discharge of ballast water, that the risk of 
     introducing aquatic nuisance species through ballast water 
     discharge from the vessel is insignificant.
       ``(B) Certain vessels.--A vessel constructed before January 
     1, 2001, that operates exclusively within Lake Superior, Lake 
     Michigan, Lake Huron, and Lake Erie and the connecting 
     channels shall be presumed not to pose a significant risk of 
     introducing aquatic nuisance species unless the Secretary 
     finds otherwise in a rulemaking proceeding under subparagraph 
     (A).
       ``(C) Best practices.--The Secretary shall develop, and 
     require vessels exempted from complying with the requirements 
     of paragraph (1) under this paragraph to follow, best 
     practices, developed in consultation with the Governors or 
     States that may be affected, to minimize the spreading of 
     aquatic nuisance species in its operating area.
       ``(10) Laboratories.--The Secretary may use any Federal or 
     non-Federal laboratory that meets standards established by 
     the Secretary for the purpose of evaluating and certifying 
     ballast water treatment technologies and equipment under this 
     subsection.
       ``(g) Warnings Concerning Ballast Water Uptake.--
       ``(1) In general.--The Secretary shall notify vessel owners 
     and operators of any area in waters subject to the 
     jurisdiction of the United States in which vessels may not 
     uptake ballast water due to known conditions.
       ``(2) Contents.--The notice shall include--
       ``(A) the coordinates of the area; and
       ``(B) if possible, the location of alternative areas for 
     the uptake of ballast water.
       ``(h) Sediment Management.--
       ``(1) In general.--The operator of a vessel to which this 
     section applies may not remove or dispose of sediment from 
     spaces designed to carry ballast water except--
       ``(A) in accordance with this subsection and the ballast 
     water management plan required under subsection (c); and
       ``(B) more than 200 nautical miles from the nearest point 
     of land or into a reception facility that meets the 
     requirements of paragraph (3).
       ``(2) Design requirements.--
       ``(A) New vessels.--After December 31, 2008, it shall be 
     unlawful to construct a vessel in the United States to which 
     this section applies unless that vessel is designed and 
     constructed, in accordance with regulations prescribed under 
     subparagraph (C), in a manner that--
       ``(i) minimizes the uptake and entrapment of sediment;
       ``(ii) facilitates removal of sediment; and
       ``(iii) provides for safe access for sediment removal and 
     sampling.
       ``(B) Existing vessels.--Every vessel to which this section 
     applies that was constructed before January 1, 2009, shall be 
     modified before January 1, 2009, to the extent practicable, 
     to achieve the objectives described in clauses (i), (ii), and 
     (iii) of subparagraph (A).
       ``(C) Regulations.--The Secretary shall promulgate 
     regulations establishing design and construction standards to 
     achieve the objectives of subparagraph (A) and providing 
     guidance for modifications and practices under subparagraph 
     (B). The Secretary shall incorporate the standards and 
     guidance in the regulations governing the ballast water 
     management plan.
       ``(3) Sediment reception facilities.--
       ``(A) Standards.--The Secretary, in consultation with other 
     appropriate Federal agencies as determined by 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.
       ``(B) Designation.--The Administrator, in consultation with 
     the Secretary and other appropriate Federal agencies as 
     determined by the Administrator, shall designate facilities 
     for the reception of vessel sediment that meet the 
     requirements of the regulations promulgated under 
     subparagraph (A) at ports and terminals where ballast tanks 
     are cleaned or repaired.
       ``(i) Examinations and Certifications.--
       ``(1) Initial examination.--
       ``(A) In general.--The Secretary shall examine vessels to 
     which this section applies to determine whether--
       ``(i) there is a ballast water management plan for the 
     vessel that meets the requirements of this section; and
       ``(ii) the equipment used for ballast water and sediment 
     management in accordance with the requirements of this 
     section and the regulations promulgated hereunder is 
     installed and functioning properly.
       ``(B) New vessels.--For vessels constructed in the United 
     States on or after January 1, 2011, 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, 2011, the Secretary shall--
       ``(i) conduct the examination required by subparagraph (A) 
     before the date on which subsection (f)(1) applies to the 
     vessel according to the schedule in subsection (f)(3); and
       ``(ii) inspect the vessel's ballast water record book 
     required by subsection (d).
       ``(D) Foreign vessels.--In the case of a foreign vessel (as 
     defined in section 2101(12) of title 46, United States Code), 
     the Secretary shall perform the examination required by this 
     paragraph the first time the vessel enters a United States 
     port.
       ``(2) Subsequent examinations.--The Secretary shall examine 
     vessels no less frequently than once each year to ensure 
     vessel compliance with the requirements of this section.
       ``(3) Inspection authority.--
       ``(A) In general.--The Secretary may carry out inspections 
     of any vessel to which this section applies at any time, 
     including the taking of ballast water samples, to ensure the 
     vessel's compliance with this Act. The Secretary shall use 
     all appropriate and practical measures of detection and 
     environmental monitoring, and shall establish adequate 
     procedures for reporting violations and accumulating 
     evidence.
       ``(B) Investigations.--Upon receipt of evidence that a 
     violation has occurred, the Secretary shall cause the matter 
     to be investigated. In any investigation under this section 
     the Secretary may issue subpoenas to require the attendance 
     of any witness and the production of documents and other 
     evidence. In case of refusal to obey a subpoena issued to any 
     person, the Secretary may request the Attorney General to 
     invoke the aid of the appropriate district court of the 
     United States to compel compliance.
       ``(4) Required certificate.--If, on the basis of an initial 
     examination under paragraph (1) the Secretary finds that a 
     vessel complies with the requirements of this section and the 
     regulations promulgated hereunder, the Secretary shall issue 
     a certificate under this paragraph as evidence of such 
     compliance. The certificate shall be valid for a period of 
     not more than 5 years, as specified by the Secretary. The 
     certificate or a true copy shall be maintained on board the 
     vessel.
       ``(5) Notification of violations.--If the Secretary finds, 
     on the basis of an examination under paragraph (1) or (2), 
     sampling under paragraph (3), or any other information, that 
     a vessel is being operated in violation of the requirements 
     of this section or the regulations promulgated hereunder, the 
     Secretary shall--
       ``(A) notify in writing--
       ``(i) the master of the vessel; and
       ``(ii) the captain of the port at the vessel's next port of 
     call; and
       ``(B) take such other action as may be appropriate.
       ``(6) Compliance and monitoring.--
       ``(A) In general.--The Secretary shall by regulation 
     establish sampling and other procedures to monitor compliance 
     with the requirements of this section and any regulations 
     promulgated under this section.
       ``(B) Use of markers.--The Secretary may verify compliance 
     with treatment standards under this section and the 
     regulations through identification of markers associated with 
     a treatment technology's effectiveness, such as the presence 
     of indicators associated with a certified treatment 
     technology.
       ``(7) Education and technical assistance programs.--The 
     Secretary may carry out education and technical assistance 
     programs and other measures to promote compliance with the 
     requirements issued under this section.
       ``(j) Detention of Vessels.--
       ``(1) In general.--The Secretary, by notice to the owner, 
     charterer, managing operator, agent, master, or other 
     individual in charge of a vessel, may detain that vessel if 
     the Secretary has reasonable cause to believe that--
       ``(A) the vessel is a vessel to which this section applies; 
     and
       ``(B) the vessel does not comply with the requirements of 
     this section or of the regulations issued hereunder or is 
     being operated in violation of such requirements.
       ``(2) Clearance.--
       ``(A) In general.--A vessel detained under paragraph (1) 
     may obtain clearance under section 4197 of the Revised 
     Statutes (46 U.S.C. App. 91) only if the violation for which 
     it was detained has been corrected.
       ``(B) Withdrawal.--If the Secretary finds that a vessel 
     detained under paragraph (1) has received a clearance under 
     section 4197 of the Revised Statutes (46 U.S.C. App. 91) 
     before it was detained under paragraph (1), the Secretary 
     shall withdraw, withhold, or revoke the clearance.
       ``(k) Sanctions.--
       ``(1) Civil penalties.--Any person who violates a 
     regulation promulgated under this section shall be liable for 
     a civil penalty in an amount not to exceed $32,500. Each day 
     of a continuing violation constitutes a separate violation. A 
     vessel operated in violation of this section or 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

[[Page S7365]]

     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 this section or the regulations issued under 
     this section.
       ``(4) Exception to sanctions.--This subsection does not 
     apply to a discharge pursuant to subsection (b)(3), (e)(5), 
     or (e)(7).
       ``(l) Enforcement.--
       ``(1) Administrative actions.--If the Secretary finds, 
     after notice and an opportunity for a hearing, that a person 
     has violated any provision of this section or any regulation 
     promulgated hereunder, the Secretary may assess a civil 
     penalty for that violation. In determining the amount of a 
     civil penalty, the Secretary shall take into account the 
     nature, circumstances, extent, and gravity of the prohibited 
     acts committed and, with respect to the violator, the degree 
     of culpability, any history of prior violations, and such 
     other matters as justice may require.
       ``(2) Civil actions.--At the request of the Secretary, the 
     Attorney General may bring a civil action in an appropriate 
     district court of the United States to enforce this section, 
     or any regulation promulgated hereunder. Any court before 
     which such an action is brought may award appropriate relief, 
     including temporary or permanent injunctions and civil 
     penalties.
       ``(m) Consultation With Canada, Mexico, and Other Foreign 
     Governments.--In developing the guidelines issued and 
     regulations promulgated under this section, the Secretary is 
     encouraged to consult with the Government of Canada, the 
     Government of Mexico, and any other government of a foreign 
     country that the Secretary, after consultation with the Task 
     Force, determines to be necessary to develop and implement an 
     effective international program for preventing the 
     unintentional introduction and spread of aquatic nuisance 
     species through ballast water.
       ``(n) International Cooperation.--The Secretary, in 
     cooperation with the Undersecretary, the Secretary of State, 
     the Administrator, the heads of other relevant Federal 
     agencies, the International Maritime Organization of the 
     United Nations, and the Commission on Environmental 
     Cooperation established pursuant to the North American Free 
     Trade Agreement, is encouraged to enter into negotiations 
     with the governments of foreign countries to develop and 
     implement an effective international program for preventing 
     the unintentional introduction and spread of aquatic nuisance 
     species through ballast water. The Secretary is particularly 
     encouraged to seek bilateral or multilateral agreements with 
     Canada, Mexico, and other nations in the Wider Caribbean (as 
     defined in the Convention for the Protection and Development 
     of the Marine Environment of the Wider Caribbean (Cartagena 
     Convention) under this section.
       ``(o) Non-Discrimination.--The Secretary shall ensure that 
     vessels registered outside of the United States do not 
     receive more favorable treatment than vessels registered in 
     the United States when the Secretary performs studies, 
     reviews compliance, determines effectiveness, establishes 
     requirements, or performs any other responsibilities under 
     this Act.
       ``(p) Support for Federal Ballast Water Demonstration 
     Project.--In addition to amounts otherwise available to the 
     Maritime Administration, the National Oceanographic and 
     Atmospheric Administration, and the United States Fish and 
     Wildlife Service for the Federal Ballast Water Demonstration 
     Project, the Secretary shall provide support for the conduct 
     and expansion of the project, including grants for research 
     and development of innovative technologies for the 
     management, treatment, and disposal of ballast water and 
     sediment, for ballast water exchange, and for other vessel 
     vectors of aquatic nuisance species such as hull-fouling. 
     There are authorized to be appropriated to the Secretary 
     $5,000,000 for each of fiscal years 2007 through 2011 to 
     carry out this subsection.
       ``(q) Consultation With Task Force.--The Secretary shall 
     consult with the Task Force in carrying out this section.
       ``(r) Risk Assessment.--
       ``(1) In general.--Within 2 years after the date of 
     enactment of the Ballast Water Management Act of 2007, the 
     Administrator, in consultation with the Secretary and other 
     appropriate Federal agencies, shall conduct a risk assessment 
     of vessel discharges other than aquatic nuisance species that 
     are not required by the Clean Water Act (33 U.S.C. 1251 et 
     seq.) to have National Pollution Effluent Discharge Standards 
     permits under section 122.3(a) of title 40, Code of Federal 
     Regulations. The risk assessment shall include--
       ``(A) a characterization of the various types of discharges 
     by different classes of vessels;
       ``(B) the average volume of such discharges for individual 
     vessels and by class of vessel in the aggregate;
       ``(C) conclusions as to whether such discharges pose a risk 
     to human health or the environment; and
       ``(D) recommendations as to steps, including regulations, 
     that are necessary to address such risks.
       ``(2) Public comment.--The Administrator shall cause a 
     draft of the risk assessment to be published in the Federal 
     Register for public comment, and shall develop a final risk 
     assessment report after taking into accounts any comments 
     received during the public comment period.
       ``(3) Final report.--The Administrator shall transmit a 
     copy of the final report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure.
       ``(s) Other Sources of Vessel-Borne Nuisance Species.--
       ``(1) Hull-fouling and other vessel sources.--
       ``(A) Report.--Within 180 days after the date of enactment 
     of the Ballast Water Management Act of 2007, 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-borne vectors of aquatic nuisance 
     species and pathogens other than ballast water and sediment, 
     including vessel hulls, anchors, and equipment.
       ``(B) Management.--Within 1 year after the date of 
     enactment of the Ballast Water Management Act of 2007, the 
     Secretary shall develop a strategy to address such other 
     vessel sources of aquatic nuisance species and to reduce the 
     introduction of invasive species into and within the United 
     States from vessels. The strategy shall include--
       ``(i) designation of geographical locations for update and 
     discharge of untreated ballast water, as well as measures to 
     address non-ballast vessel vectors of aquatic invasive 
     species;
       ``(ii) necessary modifications of existing regulations;
       ``(iii) best practices standards and procedures; and
       ``(iv) a timeframe for implementation of those standards 
     and procedures by vessels, in addition to the mandatory 
     requirements set forth in this section for ballast water.
       ``(C) Report.--The Secretary shall transmit a report to the 
     Committees describing the strategy, proposed regulations, 
     best practices, and the implementation timeframe, together 
     with any recommendations, including legislative 
     recommendations if appropriate, the Secretary deems 
     appropriate.
       ``(D) Standards for vessels of the united states.--The 
     strategy shall include requirements to ensure the consistent 
     application of best practices to all vessels owned or 
     operated by a Federal agency.
       ``(2) Transiting vessels.--Within 180 days after the date 
     of enactment of the Ballast Water Management Act of 2007, 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 and potential adverse 
     impacts of ballast water operations from foreign vessels 
     designed, adapted, or constructed to carry ballast water that 
     are transiting waters subject to the jurisdiction of the 
     United States; and
       ``(B) recommendations, including legislative 
     recommendations if appropriate, of options for addressing 
     ballast water operations of those vessels.
       ``(t) Regulations.--
       ``(1) In general.--The Secretary, after consultation with 
     other appropriate Federal agencies, shall issue such 
     regulations as may be necessary initially to carry out this 
     section within 1 year after the date of enactment of the 
     Ballast Water Management Act of 2007.
       ``(2) Judicial review.--
       ``(A) 120-day rule.--An interested person may bring an 
     action for review of a final regulation promulgated under 
     this section by the Secretary of the department in which the 
     Coast Guard is operating in the United States Court of 
     Appeals for the District of Columbia Circuit. Any such 
     petition shall be filed within 120 days after the date on 
     which notice of the promulgation appears in the Federal 
     Register, except that if the petition is based solely on 
     grounds arising after the 120th day, then any petition for 
     review under this subsection shall be filed within 120 days 
     after those grounds arise.
       ``(B) Review in enforcement proceedings.--A regulation for 
     which review could have been obtained under subparagraph (A) 
     of this paragraph is not subject to judicial review in any 
     civil or criminal proceeding for enforcement.
       ``(u) Savings Clause.--
       ``(1) In general.--Nothing in this section shall be 
     construed to preempt the authority of any State or local 
     government to impose penalties or fees for acts or omissions 
     that are violations of this Act, or to provide incentives 
     under subsection (f)(9)(B).
       ``(2) Reception facilities.--The standards prescribed by 
     the Secretary or other appropriate Federal agencies under 
     subsection (f)(2) do not supersede any more stringent 
     standard under any otherwise applicable Federal, State, or 
     local law.
       ``(3) Application with other statutes.--This section 
     provides the sole Federal authority for preventing the 
     introduction of species through the control and management of 
     vessel ballast water or sediment or other vessel-related 
     vectors.''.
       (b) Definitions.--
       (1) In general.--Section 1003 of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) 
     is amended--
       (A) by redesignating paragraph (1) as paragraph (1A);
       (B) by inserting before paragraph (1A), as redesignated, 
     the following:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Environmental Protection Agency;'';

[[Page S7366]]

       (C) by striking paragraph (3) and inserting the following:
       ``(3) Ballast water.--The term `ballast water'--
       ``(A) means water taken on board a vessel to control trim, 
     list, draught, stability, or stresses of the vessel, 
     including matter suspended in such water; and
       ``(B) any water placed into a ballast tank during cleaning, 
     maintenance, or other operations; but
       ``(C) does not include water taken on board a vessel and 
     used for a purpose described in subparagraph (A) that, at the 
     time of discharge, does not contain aquatic nuisance 
     species;'';
       (D) by inserting after paragraph (3) the following:
       ``(3A) Ballast water capacity.--The term `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;
       ``(3B) Ballast water management.--The term `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 aquatic nuisance species and pathogens within 
     ballast water and sediment;
       ``(3C) Constructed.--The term `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;'';
       (E) by inserting after paragraph (10) the following:
       ``(10A) Major conversion.--The term `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);'';
       (F) by inserting after paragraph (12), as redesignated, the 
     following:
       ``(12A) Saltwater flushing.--The term `saltwater flushing' 
     means the process of--
       ``(A) adding midocean water to a ballast water tank that 
     contains residual quantities of ballast waters;
       ``(B) mixing the midocean water with the residual ballast 
     water and sediment in the tank through the motion of a 
     vessel; and
       ``(C) discharging the mixed water so that the salinity of 
     the resulting residual ballast water in the tank exceeds 30 
     parts per thousand;
       ``(12B) Sediment.--The term `sediment' means matter that 
     has settled out of ballast water within a vessel;'';
       (G) by redesignating paragraph (15) as paragraph (16A) and 
     moving it to follow paragraph (16);
       (H) by inserting after paragraph (17) the following:
       ``(17A) United states port.--The term `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;
       ``(17B) Vessel of the armed forces.--The term `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
       ``(17C) Waters subject to the jurisdiction of the united 
     states.--The term `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.''.
       (2) Stylistic consistency.--Section 1003 of the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4702), as amended by paragraph (1), is 
     further amended--
       (A) by striking ``As used in this Act, the term--'' and 
     inserting ``In this Act:'';
       (B) by redesignating paragraphs (1) through (17C) as 
     paragraphs (1) through (27), respectively; and
       (C) by inserting a heading after the designation of each 
     existing paragraph , in a form consistent with the form of 
     the paragraphs added by paragraph (1) of this subsection, 
     consisting of the term defined in such paragraph and ``The 
     term''.
       (c) Repeal of Section 1103.--Section 1103 of the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4713) is repealed.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       Section 1301(a) of the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 4741(a)) is 
     amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (4)(B);
       (2) by striking ``1102(f).'' in paragraph (5)(B) and 
     inserting ``1102(f); and''; and
       (3) by adding at the end the following:
       ``(6) $20,000,000 for each of fiscal years 2008 through 
     2012 to the Secretary to carry out section 1101.''.
                                 ______