[Congressional Record Volume 160, Number 137 (Wednesday, November 12, 2014)]
[Senate]
[Pages S5922-S5926]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3936. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title III, add the following:

     SEC. 332. REPORT ON SUPPORT FOR LAUNCHES IN SUPPORT OF 
                   NATIONAL SECURITY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Air Force 
     shall submit to the congressional defense committees a report 
     on the requirements and investments needed to modernize 
     Department of Defense space launch facilities and supporting 
     infrastructure at Cape Canaveral Air Force Station and 
     Vandenberg Air Force Base.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) The results of the investigation into the failure of 
     the radar system supporting the Eastern range in March 2014, 
     including the causes for the failure.
       (2) An assessment of each current radar and other system as 
     well as supporting infrastructure required to support the 
     mission requirement of the range, including back-up systems.
       (3) An estimate of the annual level of dedicated funding 
     required to maintain and modernize the range infrastructure 
     in adequate condition to meet national security requirements.
       (4) A review of requirements to repair, upgrade, and 
     modernize the radars and other mission support systems to 
     current technologies.
       (5) A prioritized list of projects, costs, and projected 
     funding schedules needed to carry out the maintenance, 
     repair, and modernization requirements.
                                 ______
                                 
  SA 3937. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title VIII, add the following:

     SEC. 864. EXTENSION OF AUTHORITY TO ACQUIRE PRODUCTS AND 
                   SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR 
                   ROUTE OF SUPPLY TO AFGHANISTAN.

       Section 801(f) of the National Defense Authorization Act 
     for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2399), as 
     most recently amended by section 832(a) of the National 
     Defense Authorization Act for Fiscal Year 2014 (Public Law 
     113-66; 127 Stat. 814), is amended by striking ``December 31, 
     2015'' and inserting ``December 31, 2016''.
                                 ______
                                 
  SA 3938. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title XII, add the following:

     SEC. 1247. STRATEGY FOR THE PROMOTION OF SECURITY AND 
                   STABILITY IN CENTRAL ASIA.

       (a) Strategy Required.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     and Secretary of State shall jointly develop a strategy for 
     promoting security and stability in Central Asia in support 
     of United States objectives in Afghanistan through enhanced 
     coordination of assistance programs for bordering countries 
     in the Central Asia region.
       (b) Elements.--The strategy required by subsection (a) 
     shall include mechanisms for efforts by the Department of 
     Defense and Department of State to coordinate assistance 
     programs among Afghanistan and countries that border 
     Afghanistan in Central Asia with respect to areas that 
     include the following:
       (1) Counternarcotics.
       (2) Cooperative Threat Reduction (CTR).
       (3) Border security.
       (4) The Northern Distribution Network.
       (5) Anti-corruption.
       (6) Programs conducted under the New Silk Road Initiative.
                                 ______
                                 
  SA 3939. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title XII, add the following:

     SEC. 1213. PLAN FOR SUPPORT OF INTEGRATION OF AFGHAN LOCAL 
                   POLICE PERSONNEL INTO AFGHAN NATIONAL POLICE.

       (a) Plan Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense and 
     the Secretary of State shall develop a plan detailing how the 
     Department of Defense and the Department of State will 
     support efforts to integrate the Afghan Local Police (ALP) 
     personnel into the Afghan National Police (ANP).
       (b) Elements.--The plan required under subsection (a) 
     shall--
       (1) catalogue the reports of human rights abuses committed 
     by ALP forces to date;
       (2) describe current efforts to train ANP and ALP forces on 
     Afghan human rights laws and international human rights 
     obligations;
       (3) describe the constraints associated with integrating 
     the ALP personnel into the ANP;
       (4) include a proposed timeline for the integration of ALP 
     personnel;
       (5) ensure that any integration of ALP personnel into the 
     ANP does not adversely affect United States interests in 
     Afghanistan.
                                 ______
                                 
  SA 3940. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of division C, add the following:

                TITLE XXXVI--VESSEL INCIDENTAL DISCHARGE

     SEC. 3601. SHORT TITLE.

       This title may be cited as the ``Vessel Incidental 
     Discharge Act''.

     SEC. 3602. FINDINGS; PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) Beginning with enactment of the Act to Prevent 
     Pollution from Ships in 1980 (22 U.S.C. 1901 et seq.), the 
     United States Coast Guard has been the principal Federal 
     authority charged with administering, enforcing, and 
     prescribing regulations relating to the discharge of 
     pollutants from vessels engaged in maritime commerce and 
     transportation.
       (2) The Coast Guard estimates there are approximately 
     21,560,000 State-registered recreational vessels, 75,000 
     commercial fishing vessels, and 33,000 freight and tank 
     barges operating in United States waters.
       (3) From 1973 to 2005, certain discharges incidental to the 
     normal operation of a vessel were exempted by regulation from 
     otherwise applicable permitting requirements.
       (4) Over the 32 years during which this regulatory 
     exemption was in effect, Congress enacted statutes on a 
     number of occasions dealing with the regulation of discharges 
     incidental to the normal operation of a vessel, including--
       (A) the Act to Prevent Pollution from Ships (33 U.S.C. 1901 
     et seq.) in 1980;
       (B) the Nonindigenous Aquatic Nuisance Prevention and 
     Control Act of 1990 (16 U.S.C. 4701 et seq.);
       (C) the National Invasive Species Act of 1996 (110 Stat. 
     4073);
       (D) section 415 of the Coast Guard Authorization Act of 
     1998 (112 Stat. 3434) and section 623 of the Coast Guard and 
     Maritime Transportation Act of 2004 (33 U.S.C. 1901 note), 
     which established interim and permanent requirements, 
     respectively, for the regulation of vessel discharges of 
     certain bulk cargo residue;
       (E) title XIV of division B of Appendix D of the 
     Consolidated Appropriations Act, 2001 (114 Stat. 2763), which 
     prohibited or limited certain vessel discharges in certain 
     areas of Alaska;
       (F) section 204 of the Maritime Transportation Security Act 
     of 2002 (33 U.S.C. 1902a), which established requirements for 
     the regulation of vessel discharges of agricultural cargo 
     residue material in the form of hold washings; and
       (G) title X of the Coast Guard Authorization Act of 2010 
     (33 U.S.C. 3801 et seq.), which provided for the 
     implementation of the International Convention on the Control 
     of Harmful Anti-Fouling Systems on Ships, 2001.
       (b) Purpose.--The purpose of this title is to provide for 
     the establishment of nationally uniform and environmentally 
     sound standards and requirements for the management of 
     discharges incidental to the normal operation of a vessel.

     SEC. 3603. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Aquatic nuisance species.--The term ``aquatic nuisance 
     species'' means a nonindigenous species (including a 
     pathogen)

[[Page S5923]]

     that threatens the diversity or abundance of native species 
     or the ecological stability of navigable waters or 
     commercial, agricultural, aquacultural, or recreational 
     activities dependent on such waters.
       (3) Ballast water.--
       (A) In general.--The term ``ballast water'' means any 
     water, including any sediment suspended in such water, taken 
     aboard a vessel--
       (i) to control trim, list, draught, stability, or stresses 
     of the vessel; or
       (ii) during the cleaning, maintenance, or other operation 
     of a ballast water treatment technology of the vessel.
       (B) Exclusions.--The term ``ballast water'' does not 
     include any pollutant that is added to water described in 
     subparagraph (A) that is not directly related to the 
     operation of a properly functioning ballast water treatment 
     technology under this title.
       (4) Ballast water performance standard.--The term ``ballast 
     water performance standard'' means the numerical ballast 
     water discharge standard set forth in section 151.2030 of 
     title 33, Code of Federal Regulations or section 151.1511 of 
     title 33, Code of Federal Regulations, as applicable, or a 
     revised numerical ballast water performance standard 
     established under subsection (a)(1)(B), (b), or (c) of 
     section 3605.
       (5) Ballast water treatment technology or treatment 
     technology.--The term ``ballast water treatment technology'' 
     or ``treatment technology'' means any mechanical, physical, 
     chemical, or biological process used, alone or in 
     combination, to remove, render harmless, or avoid the uptake 
     or discharge of aquatic nuisance species within ballast 
     water.
       (6) Biocide.--The term ``biocide'' means a substance or 
     organism, including a virus or fungus, that is introduced 
     into or produced by a ballast water treatment technology to 
     reduce or eliminate aquatic nuisance species as part of the 
     process used to comply with a ballast water performance 
     standard under this title.
       (7) Discharge incidental to the normal operation of a 
     vessel.--
       (A) In general.--The term ``discharge incidental to the 
     normal operation of a vessel'' means--
       (i) a discharge into navigable waters from a vessel of--

       (I)(aa) ballast water, graywater, bilge water, cooling 
     water, oil water separator effluent, anti-fouling hull 
     coating leachate, boiler or economizer blowdown, byproducts 
     from cathodic protection, controllable pitch propeller and 
     thruster hydraulic fluid, distillation and reverse osmosis 
     brine, elevator pit effluent, firemain system effluent, 
     freshwater layup effluent, gas turbine wash water, motor 
     gasoline and compensating effluent, refrigeration and air 
     condensate effluent, seawater pumping biofouling prevention 
     substances, boat engine wet exhaust, sonar dome effluent, 
     exhaust gas scrubber washwater, or stern tube packing gland 
     effluent; or
       (bb) any other pollutant associated with the operation of a 
     marine propulsion system, shipboard maneuvering system, 
     habitability system, or installed major equipment, or from a 
     protective, preservative, or absorptive application to the 
     hull of a vessel;
       (II) weather deck runoff, deck wash, aqueous film forming 
     foam effluent, chain locker effluent, non-oily machinery 
     wastewater, underwater ship husbandry effluent, welldeck 
     effluent, or fish hold and fish hold cleaning effluent; or
       (III) any effluent from a properly functioning marine 
     engine; or

       (ii) a discharge of a pollutant into navigable waters in 
     connection with the testing, maintenance, or repair of a 
     system, equipment, or engine described in subclause (I)(bb) 
     or (III) of clause (i) whenever the vessel is waterborne.
       (B) Exclusions.--The term ``discharge incidental to the 
     normal operation of a vessel'' does not include--
       (i) a discharge into navigable waters from a vessel of--

       (I) rubbish, trash, garbage, incinerator ash, or other such 
     material discharged overboard;
       (II) oil or a hazardous substance as those terms are 
     defined in section 311 of the Federal Water Pollution Control 
     Act (33 U.S.C. 1321);
       (III) sewage as defined in section 312(a)(6) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1322(a)(6)); or
       (IV) graywater referred to in section 312(a)(6) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1322(a)(6));

       (ii) an emission of an air pollutant resulting from the 
     operation onboard a vessel of a vessel propulsion system, 
     motor driven equipment, or incinerator; or
       (iii) a discharge into navigable waters from a vessel when 
     the vessel is operating in a capacity other than as a means 
     of transportation on water.
       (8) Geographically limited area.--The term ``geographically 
     limited area'' means an area--
       (A) with a physical limitation, including limitation by 
     physical size and limitation by authorized route, that 
     prevents a vessel from operating outside the area, as 
     determined by the Secretary; or
       (B) that is ecologically homogeneous, as determined by the 
     Secretary, in consultation with the heads of other Federal 
     departments or agencies as the Secretary considers 
     appropriate.
       (9) Manufacturer.--The term ``manufacturer'' means a person 
     engaged in the manufacture, assemblage, or importation of 
     ballast water treatment technology.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.
       (11) Vessel.--The term ``vessel'' means every description 
     of watercraft or other artificial contrivance used, or 
     practically or otherwise capable of being used, as a means of 
     transportation on water.

     SEC. 3604. REGULATION AND ENFORCEMENT.

       (a) In General.--The Secretary, in consultation with the 
     Administrator, shall establish and implement enforceable 
     uniform national standards and requirements for the 
     regulation of discharges incidental to the normal operation 
     of a vessel. The standards and requirements shall--
       (1) be based upon the best available technology 
     economically achievable; and
       (2) supersede any permitting requirement or prohibition on 
     discharges incidental to the normal operation of a vessel 
     under any other provision of law.
       (b) Administration and Enforcement.--The Secretary shall 
     administer and enforce the uniform national standards and 
     requirements under this title. Each State may enforce the 
     uniform national standards and requirements under this title.

     SEC. 3605. UNIFORM NATIONAL STANDARDS AND REQUIREMENTS FOR 
                   THE REGULATION OF DISCHARGES INCIDENTAL TO THE 
                   NORMAL OPERATION OF A VESSEL.

       (a) Requirements.--
       (1) Ballast water management requirements.--
       (A) In general.--Notwithstanding any other provision of 
     law, the requirements set forth in the final rule, Standards 
     for Living Organisms in Ships' Ballast Water Discharged in 
     U.S. Waters (77 Fed. Reg. 17254 (March 23, 2012), as 
     corrected at 77 Fed. Reg. 33969 (June 8, 2012)), shall be the 
     management requirements for a ballast water discharge 
     incidental to the normal operation of a vessel until the 
     Secretary revises the ballast water performance standard 
     under subsection (b) or adopts a more stringent State 
     standard under subparagraph (B) of this paragraph.
       (B) Adoption of more stringent state standard.--If the 
     Secretary makes a determination in favor of a State petition 
     under section 3610, the Secretary shall adopt the more 
     stringent ballast water performance standard specified in the 
     statute or regulation that is the subject of that State 
     petition in lieu of the ballast water performance standard in 
     the final rule described under subparagraph (A).
       (2) Initial management requirements for discharges other 
     than ballast water.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Administrator, shall issue a final rule establishing best 
     management practices for discharges incidental to the normal 
     operation of a vessel other than ballast water.
       (b) Revised Ballast Water Performance Standard; 8-Year 
     Review.--
       (1) In general.--Subject to the feasibility review under 
     paragraph (2), not later than January 1, 2022, the Secretary, 
     in consultation with the Administrator, shall issue a final 
     rule revising the ballast water performance standard under 
     subsection (a)(1) so that a ballast water discharge 
     incidental to the normal operation of a vessel 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 
     and of viruses as may be specified in regulations issued by 
     the Secretary in consultation with the Administrator and such 
     other Federal agencies as the Secretary and the Administrator 
     consider appropriate.
       (2) Feasibility review.--
       (A) In general.--Not less than 2 years before January 1, 
     2022, the Secretary, in consultation with the Administrator, 
     shall complete a review to determine the feasibility of 
     achieving the revised ballast water performance standard 
     under paragraph (1).
       (B) Criteria for review of ballast water performance 
     standard.--In conducting a review under subparagraph (A), the 
     Secretary shall consider whether revising the ballast water 
     performance standard will result in a scientifically 
     demonstrable and substantial reduction in the risk of 
     introduction or establishment of aquatic nuisance species, 
     taking into account--
       (i) improvements in the scientific understanding of 
     biological and ecological processes that lead to the 
     introduction or establishment of aquatic nuisance species;
       (ii) improvements in ballast water treatment technology, 
     including--

       (I) the capability of such treatment technology to achieve 
     a revised ballast water performance standard;

[[Page S5924]]

       (II) the effectiveness and reliability of such treatment 
     technology in the shipboard environment;
       (III) the compatibility of such treatment technology with 
     the design and operation of a vessel by class, type, and 
     size;
       (IV) the commercial availability of such treatment 
     technology; and
       (V) the safety of such treatment technology;

       (iii) improvements in the capabilities to detect, quantify, 
     and assess the viability of aquatic nuisance species at the 
     concentrations under consideration;
       (iv) the impact of ballast water treatment technology on 
     water quality; and
       (v) the costs, cost-effectiveness, and impacts of--

       (I) a revised ballast water performance standard, including 
     the potential impacts on shipping, trade, and other uses of 
     the aquatic environment; and
       (II) maintaining the existing ballast water performance 
     standard, including the potential impacts on water-related 
     infrastructure, recreation, propagation of native fish, 
     shellfish, and wildlife, and other uses of navigable waters.

       (C) Lower revised performance standard.--
       (i) In general.--If the Secretary, in consultation with the 
     Administrator, determines on the basis of the feasibility 
     review and after an opportunity for a public hearing that no 
     ballast water treatment technology can be certified under 
     section 3606 to comply with the revised ballast water 
     performance standard under paragraph (1), the Secretary shall 
     require the use of the treatment technology that achieves the 
     performance levels of the best treatment technology 
     available.
       (ii) Implementation deadline.--If the Secretary, in 
     consultation with the Administrator, determines that the 
     treatment technology under clause (i) cannot be implemented 
     before the implementation deadline under paragraph (3) with 
     respect to a class of vessels, the Secretary shall extend the 
     implementation deadline for that class of vessels for not 
     more than 36 months.
       (iii) Compliance.--If the implementation deadline under 
     paragraph (3) is extended, the Secretary shall recommend 
     action to ensure compliance with the extended implementation 
     deadline under clause (ii).
       (D) Higher revised performance standard.--
       (i) In general.--If the Secretary, in consultation with the 
     Administrator, determines that ballast water treatment 
     technology exists that exceeds the revised ballast water 
     performance standard under paragraph (1) with respect to a 
     class of vessels, the Secretary shall revise the ballast 
     water performance standard for that class of vessels to 
     incorporate the higher performance standard.
       (ii) Implementation deadline.--If the Secretary, in 
     consultation with the Administrator, determines that the 
     treatment technology under clause (i) can be implemented 
     before the implementation deadline under paragraph (3) with 
     respect to a class of vessels, the Secretary shall accelerate 
     the implementation deadline for that class of vessels. If the 
     implementation deadline under paragraph (3) is accelerated, 
     the Secretary shall provide not less than 24 months notice 
     before the accelerated deadline takes effect.
       (3) Implementation deadline.--The revised ballast water 
     performance standard under paragraph (1) shall apply to a 
     vessel beginning on the date of the first drydocking of the 
     vessel on or after January 1, 2022, but not later than 
     December 31, 2024.
       (4) Revised performance standard compliance deadlines.--
       (A) In general.--The Secretary may establish a compliance 
     deadline for compliance by a vessel (or a class, type, or 
     size of vessel) with a revised ballast water performance 
     standard under this subsection.
       (B) Process for granting extensions.--In issuing 
     regulations under this subsection, the Secretary shall 
     establish a process for an owner or operator to submit a 
     petition to the Secretary for an extension of a compliance 
     deadline with respect to the vessel of the owner or operator.
       (C) Period of extensions.--An extension issued under 
     subparagraph (B) may--
       (i) apply for a period of not to exceed 18 months from the 
     date of the applicable deadline under subparagraph (A); and
       (ii) be renewable for an additional period of not to exceed 
     18 months.
       (D) Factors.--In issuing a compliance deadline or reviewing 
     a petition under this paragraph, the Secretary shall 
     consider, with respect to the ability of an owner or operator 
     to meet a compliance deadline, the following factors:
       (i) Whether the treatment technology to be installed is 
     available in sufficient quantities to meet the compliance 
     deadline.
       (ii) Whether there is sufficient shipyard or other 
     installation facility capacity.
       (iii) Whether there is sufficient availability of 
     engineering and design resources.
       (iv) Vessel characteristics, such as engine room size, 
     layout, or a lack of installed piping.
       (v) Electric power generating capacity aboard the vessel.
       (vi) Safety of the vessel and crew.
       (E) Consideration of petitions.--
       (i) Determinations.--The Secretary shall approve or deny a 
     petition for an extension of a compliance deadline submitted 
     by an owner or operator under this paragraph.
       (ii) Deadline.--If the Secretary does not approve or deny a 
     petition referred to in clause (i) on or before the last day 
     of the 90-day period beginning on the date of submission of 
     the petition, the petition shall be deemed approved.
       (c) Future Revisions of Vessel Incidental Discharge 
     Standards; Decennial Reviews.--
       (1) Revised ballast water performance standards.--The 
     Secretary, in consultation with the Administrator, shall 
     complete a review, 10 years after the issuance of a final 
     rule under subsection (b) and every 10 years thereafter, to 
     determine whether further revision of the ballast water 
     performance standard would result in a scientifically 
     demonstrable and substantial reduction in the risk of the 
     introduction or establishment of aquatic nuisance species.
       (2) Revised standards for discharges other than ballast 
     water.--The Secretary, in consultation with the 
     Administrator, may include in a decennial review under this 
     subsection best management practices for discharges covered 
     by subsection (a)(2). The Secretary shall initiate a 
     rulemaking to revise 1 or more best management practices for 
     such discharges after a decennial review if the Secretary, in 
     consultation with the Administrator, determines that revising 
     1 or more of such practices would substantially reduce the 
     impacts on navigable waters of discharges incidental to the 
     normal operation of a vessel other than ballast water.
       (3) Considerations.--In conducting a review under paragraph 
     (1), the Secretary, the Administrator, and the heads of other 
     appropriate Federal agencies as determined by the Secretary, 
     shall consider the criteria under section 3605(b)(2)(B).
       (4) Revision after decennial review.--The Secretary shall 
     initiate a rulemaking to revise the current ballast water 
     performance standard after a decennial review if the 
     Secretary, in consultation with the Administrator, determines 
     that revising the current ballast water performance standard 
     would result in a scientifically demonstrable and substantial 
     reduction in the risk of the introduction or establishment of 
     aquatic nuisance species.

     SEC. 3606. TREATMENT TECHNOLOGY CERTIFICATION.

       (a) Certification Required.--Beginning 60 days after the 
     date that the requirements for testing protocols are issued 
     under subsection (i), no manufacturer of a ballast water 
     treatment technology shall sell, offer for sale, or introduce 
     or deliver for introduction into interstate commerce, or 
     import into the United States for sale or resale, a ballast 
     water treatment technology for a vessel unless the treatment 
     technology has been certified under this section.
       (b) Certification Process.--
       (1) Evaluation.--Upon application of a manufacturer, the 
     Secretary shall evaluate a ballast water treatment technology 
     with respect to--
       (A) the effectiveness of the treatment technology in 
     achieving the current ballast water performance standard when 
     installed on a vessel (or a class, type, or size of vessel);
       (B) the compatibility with vessel design and operations;
       (C) the effect of the treatment technology on vessel 
     safety;
       (D) the impact on the environment;
       (E) the cost effectiveness; and
       (F) any other criteria the Secretary considers appropriate.
       (2) Approval.--If after an evaluation under paragraph (1) 
     the Secretary determines that the treatment technology meets 
     the criteria, the Secretary may certify the treatment 
     technology for use on a vessel (or a class, type, or size of 
     vessel).
       (3) Suspension and revocation.--The Secretary shall 
     establish, by regulation, a process to suspend or revoke a 
     certification issued under this section.
       (c) Certification Conditions.--
       (1) Imposition of conditions.--In certifying a ballast 
     water treatment technology under this section, the Secretary, 
     in consultation with the Administrator, may impose any 
     condition on the subsequent installation, use, or maintenance 
     of the treatment technology onboard a vessel as is necessary 
     for--
       (A) the safety of the vessel, the crew of the vessel, and 
     any passengers aboard the vessel;
       (B) the protection of the environment; or
       (C) the effective operation of the treatment technology.
       (2) Failure to comply.--The failure of an owner or operator 
     to comply with a condition imposed under paragraph (1) shall 
     be considered a violation of this section.
       (d) Period for Use of Installed Treatment Equipment.--
     Notwithstanding anything to the contrary in this title or any 
     other provision of law, the Secretary shall allow a vessel on 
     which a system is installed and operated to meet a ballast 
     water performance standard under this title to continue to 
     use that system, notwithstanding any revision of a ballast 
     water performance standard occurring after the system is 
     ordered or installed until the expiration of the service life 
     of the system, as determined by the Secretary, so long as the 
     system--
       (1) is maintained in proper working condition; and
       (2) is maintained and used in accordance with the 
     manufacturer's specifications and any treatment technology 
     certification conditions imposed by the Secretary under this 
     section.
       (e) Certificates of Type Approval for the Treatment 
     Technology.--
       (1) Issuance.--If the Secretary approves a ballast water 
     treatment technology for certification under subsection (b), 
     the Secretary

[[Page S5925]]

     shall issue a certificate of type approval for the treatment 
     technology to the manufacturer in such form and manner as the 
     Secretary determines appropriate.
       (2) Certification conditions.--A certificate of type 
     approval issued under paragraph (1) shall specify each 
     condition imposed by the Secretary under subsection (c).
       (3) Owners and operators.--A manufacturer that receives a 
     certificate of type approval for the treatment technology 
     under this subsection shall provide a copy of the certificate 
     to each owner and operator of a vessel on which the treatment 
     technology is installed.
       (f) Inspections.--An owner or operator who receives a copy 
     of a certificate under subsection (e)(3) shall retain a copy 
     of the certificate onboard the vessel and make the copy of 
     the certificate available for inspection at all times while 
     the owner or operator is utilizing the treatment technology.
       (g) Biocides.--The Secretary may not approve a ballast 
     water treatment technology under subsection (b) if--
       (1) it uses a biocide or generates a biocide that is a 
     pesticide, as defined in section 2 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136), 
     unless the biocide is registered under that Act or the 
     Secretary, in consultation with Administrator, has approved 
     the use of the biocide in such treatment technology; or
       (2) it uses or generates a biocide the discharge of which 
     causes or contributes to a violation of a water quality 
     standard under section 303 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1313).
       (h) Prohibition.--
       (1) In general.--Except as provided in paragraph (2), the 
     use of a ballast water treatment technology by an owner or 
     operator of a vessel shall not satisfy the requirements of 
     this title unless it has been approved by the Secretary under 
     subsection (b).
       (2) Exceptions.--
       (A) Coast guard shipboard technology evaluation program.--
     An owner or operator may use a ballast water treatment 
     technology that has not been certified by the Secretary to 
     comply with the requirements of this section if the 
     technology is being evaluated under the Coast Guard Shipboard 
     Technology Evaluation Program.
       (B) Ballast water treatment technologies certified by 
     foreign entities.--An owner or operator may use a ballast 
     water treatment technology that has not been certified by the 
     Secretary to comply with the requirements of this section if 
     the technology has been certified by a foreign entity and the 
     certification demonstrates performance and safety of the 
     treatment technology equivalent to the requirements of this 
     section, as determined by the Secretary.
       (i) Testing Protocols.--Not later than 180 days after the 
     date of enactment of this Act, the Administrator, in 
     consultation with the Secretary, shall issue requirements for 
     land-based and shipboard testing protocols or criteria for--
       (1) certifying the performance of each ballast water 
     treatment technology under this section; and
       (2) certifying laboratories to evaluate such treatment 
     technologies.

     SEC. 3607. EXEMPTIONS.

       (a) In General.--No permit shall be required or prohibition 
     enforced under any other provision of law for, nor shall any 
     standards regarding a discharge incidental to the normal 
     operation of a vessel under this title apply to--
       (1) a discharge incidental to the normal operation of a 
     vessel if the vessel is less than 79 feet in length and 
     engaged in commercial service (as defined in section 2101(5) 
     of title 46, United States Code);
       (2) a discharge incidental to the normal operation of a 
     vessel if the vessel is a fishing vessel, including a fish 
     processing vessel and a fish tender vessel, (as defined in 
     section 2101 of title 46, United States Code);
       (3) a discharge incidental to the normal operation of a 
     vessel if the vessel is a recreational vessel (as defined in 
     section 2101(25) of title 46, United States Code);
       (4) the placement, release, or discharge of equipment, 
     devices, or other material from a vessel for the sole purpose 
     of conducting research on the aquatic environment or its 
     natural resources in accordance with generally recognized 
     scientific methods, principles, or techniques;
       (5) any discharge into navigable waters from a vessel 
     authorized by an on-scene coordinator in accordance with part 
     300 of title 40, Code of Federal Regulations, or part 153 of 
     title 33, Code of Federal Regulations;
       (6) any discharge into navigable waters from a vessel that 
     is necessary to secure the safety of the vessel or human 
     life, or to suppress a fire onboard the vessel or at a 
     shoreside facility; or
       (7) a vessel of the armed forces of a foreign nation when 
     engaged in noncommercial service.
       (b) Ballast Water Discharges.--No permit shall be required 
     or prohibition enforced under any other provision of law for, 
     nor shall any ballast water performance standards under this 
     title apply to--
       (1) a ballast water discharge incidental to the normal 
     operation of a vessel determined by the Secretary to--
       (A) operate exclusively within a geographically limited 
     area;
       (B) take up and discharge ballast water exclusively within 
     1 Captain of the Port Zone established by the Coast Guard 
     unless the Secretary determines such discharge poses a 
     substantial risk of introduction or establishment of an 
     aquatic nuisance species;
       (C) operate pursuant to a geographic restriction issued as 
     a condition under section 3309 of title 46, United States 
     Code, or an equivalent restriction issued by the country of 
     registration of the vessel; or
       (D) continuously take on and discharge ballast water in a 
     flow-through system that does not introduce aquatic nuisance 
     species into navigable waters;
       (2) a ballast water discharge incidental to the normal 
     operation of a vessel consisting entirely of water suitable 
     for human consumption; or
       (3) a ballast water discharge incidental to the normal 
     operation of a vessel in an alternative compliance program 
     established pursuant to section 3608.
       (c) Vessels With Permanent Ballast Water.--No permit shall 
     be required or prohibition enforced under any other provision 
     of law for, nor shall any ballast water performance standard 
     under this title apply to, a vessel that carries all of its 
     permanent ballast water in sealed tanks that are not subject 
     to discharge.
       (d) Vessels of the Armed Forces.--Nothing in this title 
     shall be construed to apply to a vessel of the Armed Forces, 
     as defined in section 101(a) of title 10, United States Code.

     SEC. 3608. ALTERNATIVE COMPLIANCE PROGRAM.

       (a) In General.--The Secretary, in consultation with the 
     Administrator, may promulgate regulations establishing 1 or 
     more compliance programs as an alternative to ballast water 
     management regulations issued under section 3605 for a vessel 
     that--
       (1) has a maximum ballast water capacity of less than 8 
     cubic meters;
       (2) is less than 3 years from the end of the useful life of 
     the vessel, as determined by the Secretary; or
       (3) discharges ballast water into a facility for the 
     reception of ballast water that meets standards promulgated 
     by the Administrator, in consultation with the Secretary.
       (b) Promulgation of Facility Standards.--Not later than 1 
     year after the date of enactment of this Act, the 
     Administrator, in consultation with the Secretary, shall 
     promulgate standards for--
       (1) the reception of ballast water from a vessel into a 
     reception facility; and
       (2) the disposal or treatment of the ballast water under 
     paragraph (1).

     SEC. 3609. JUDICIAL REVIEW.

       (a) In General.--An interested person may file a petition 
     for review of a final regulation promulgated under this title 
     in the United States Court of Appeals for the District of 
     Columbia Circuit.
       (b) Deadline.--A petition shall be filed not later than 120 
     days after the date that notice of the promulgation appears 
     in the Federal Register.
       (c) Exception.--Notwithstanding subsection (b), a petition 
     that is based solely on grounds that arise after the deadline 
     to file a petition under subsection (b) has passed may be 
     filed not later than 120 days after the date that the grounds 
     first arise.

     SEC. 3610. EFFECT ON STATE AUTHORITY.

       (a) In General.--No State or political subdivision thereof 
     may adopt or enforce any statute or regulation of the State 
     or political subdivision with respect to a discharge 
     incidental to the normal operation of a vessel after the date 
     of enactment of this Act.
       (b) Savings Clause.--Notwithstanding subsection (a), a 
     State or political subdivision thereof may enforce a statute 
     or regulation of the State or political subdivision with 
     respect to ballast water discharges incidental to the normal 
     operation of a vessel that specifies a ballast water 
     performance standard that is more stringent than the ballast 
     water performance standard under section 3605(a)(1)(A) and is 
     in effect on the date of enactment of this Act if the 
     Secretary, after consultation with the Administrator and any 
     other Federal department or agency the Secretary considers 
     appropriate, makes a determination that--
       (1) compliance with any performance standard specified in 
     the statute or regulation can in fact be achieved and 
     detected;
       (2) the technology and systems necessary to comply with the 
     statute or regulation are commercially available; and
       (3) the statute or regulation is consistent with 
     obligations under relevant international treaties or 
     agreements to which the United States is a party.
       (c) Petition Process.--
       (1) Submission.--The Governor of a State seeking to enforce 
     a statute or regulation under subsection (b) shall submit a 
     petition requesting the Secretary to review the statute or 
     regulation.
       (2) Contents; deadline.--A petition shall--
       (A) be accompanied by the scientific and technical 
     information on which the petition is based; and
       (B) be submitted to the Secretary not later than 90 days 
     after the date of enactment of this Act.
       (3) Determinations.--The Secretary shall make a 
     determination on a petition under this subsection not later 
     than 90 days after the date that the petition is received.

     SEC. 3611. APPLICATION WITH OTHER STATUTES.

       Notwithstanding any other provision of law, this title 
     shall be the exclusive statutory authority for regulation by 
     the Federal Government of discharges incidental to the normal 
     operation of a vessel to which this

[[Page S5926]]

     title applies. Except as provided under section 
     3605(a)(1)(A), any regulation in effect on the date 
     immediately preceding the effective date of this Act relating 
     to any permitting requirement for or prohibition on 
     discharges incidental to the normal operation of a vessel to 
     which this title applies shall be deemed to be a regulation 
     issued pursuant to the authority of this title and shall 
     remain in full force and effect unless or until superseded by 
     new regulations issued hereunder.

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