[Senate Report 110-269]
[From the U.S. Government Publishing Office]



110th Congress 
 2d Session                      SENATE                          Report
                                                                110-269
_______________________________________________________________________

                                     

                                                       Calendar No. 589

                  BALLAST WATER MANAGEMENT ACT OF 2007

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1578



                                     

                 March 3, 2008.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             second session

                   DANIEL K. INOUYE, Hawaii, Chairman
                   TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West         JOHN McCAIN, Arizona
    Virginia                         KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        GORDON H. SMITH, Oregon
BARBARA BOXER, California            JOHN ENSIGN, Nevada
BILL NELSON, Florida                 JOHN E. SUNUNU, New Hampshire
MARIA CANTWELL, Washington           JIM DeMINT, South Carolina
FRANK R. LAUTENBERG, New Jersey      DAVID VITTER, Louisiana
MARK PRYOR, Arkansas                 JOHN THUNE, South Dakota
THOMAS CARPER, Delaware              ROGER F. WICKER, Mississippi
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
       Jean Toal Eisen, Senior Advisor and Deputy Policy Director
     Christine Kurth, Republican Staff Director and General Counsel
                Paul J. Nagle, Republican Chief Counsel
             Mimi Braniff, Republican Deputy Chief Counsel


                                                       Calendar No. 589
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-269

======================================================================



 
                  BALLAST WATER MANAGEMENT ACT OF 2007

                                _______
                                

                 March 3, 2008.--Ordered to be printed

                                _______
                                

       Mr. Inouye, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 1578]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1578) to amend the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 
1990 to establish vessel ballast water management requirements, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 1578 is to amend the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (NANPCA) and 
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. The bill would provide additional mandates and 
authorities to the United States Coast Guard (Coast Guard), the 
lead Federal agency for this program under the NANPCA. S. 1578 
would also provide implementing legislation for the 
International Convention for the Control and Management of 
Ships' Ballast Water and Sediments, adopted by the 
International Maritime Organization in 2004. The bill includes 
authorizations of $50 million in annual appropriations for 
fiscal year (FY) 2008 through FY 2012 for the Coast Guard to 
implement the legislation. The bill also authorizes $5 million 
for FY 2008 through FY 2012 in additional annual appropriations 
for the Federal Ballast Water Demonstration Project to support 
development of innovative technologies to address ballast 
water, sediment, and other vessel sources of aquatic nuisance 
species.

                          Background and Needs

  The United States Commission on Ocean Policy (Commission) 
identified ballast water as a major pathway for introduction of 
aquatic nuisance species. Ships carry ballast water to aid in 
stability and structural integrity. Ships will take on ballast 
water in one port, and carry such ballast to other ports, where 
it is discharged into harbors--along with non-native species 
that are contained in the ballast water. Some of these 
organisms may thrive in their new environment, becoming 
invasive and destructive to local ecosystems. The only practice 
now required to address this issue--exchanging ballast water in 
the open ocean--has proven to be only partially effective. 
Because open ocean ballast water exchange can be a dangerous 
operation, a safety exemption is allowed for this practice. The 
Commission recognized that there are other vectors for aquatic 
nuisance species but made its strongest recommendations on 
improving the Coast Guard's ballast water management program, 
including the adoption of uniform, mandatory national standards 
for ballast water treatment.
  It has been estimated that between 7,000 and 10,000 aquatic 
species travel around the globe each day in the ballast water 
of cargo ships. Vessels discharge more than two billion gallons 
of ballast water into U.S. waters each year. Aquatic nuisance 
species may be introduced to the United States from foreign 
ports, or may be transferred from one U.S. port to another 
through coastal trade. While ballast water is regarded as the 
most significant vector for ships in transporting aquatic 
nuisance species, ships can transfer aquatic nuisance species 
in other ways. These include transport on equipment, such as 
anchors and propellers, in the sediment of ballast tanks, and 
on the external surfaces of hulls.
  Virtually all coastal and Great Lakes States have experienced 
damage from aquatic nuisance species. Some of the high profile 
invasions stemming from ballast water are the zebra mussel in 
the Great Lakes and the European green crab along the Pacific 
and Atlantic coasts. Other examples of significant impacts from 
aquatic nuisance species from around the United States include: 
(1) the non-native Asian clam, which altered the ecology of San 
Francisco Bay in the 1980's due to its efficiency at 
reproducing and filtering the native plankton, (2) the Asian 
whelk, which has established a foothold in the lower Chesapeake 
Bay and may threaten local oyster populations, and (3) the 
invasive sea squirt, Didemnum spp., which has recently been 
found colonizing Georges Bank off of New England and has led to 
concerns over impacts on the local scallop fishery. 
Additionally, the black coral populations in Hawaii are showing 
signs of stress that may be linked to invasive snowflake coral. 
Even inland States are being impacted by the spread of aquatic 
nuisance species. As of October 2007, zebra mussels have been 
found in 25 States: Alabama, Arkansas, Connecticut, Illinois, 
Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, 
Minnesota, Mississippi, Missouri, Nebraska, Nevada, New York, 
Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Vermont, 
Virginia, West Virginia, and Wisconsin. Another eight States 
have identified zebra mussels on the hulls of boats brought 
into the State overland, but have not yet found wild 
populations of the organisms.
  Damage to the U.S. environment and economy from aquatic 
nuisance species includes the loss of native and commercially 
important species, significant altering of native ecosystems, 
interference with industrial operations, and the cost of 
mitigation and removal efforts. Estimates of the costs to the 
U.S. economy from these invasions range from millions to 
billions of dollars per year. Millions of dollars have been 
spent annually in combating the zebra mussel invasion in the 
Great Lakes alone, including efforts to unclog intake pipes and 
prevent further infestation.

                    CURRENT REGULATIONS AND PROGRAMS

  The NANPCA, as amended by the National Invasive Species Act 
of 1996 (NISA), requires ships to exchange their ballast water 
prior to entering the Great Lakes from outside the 200-mile 
Exclusive Economic Zone (EEZ). On July 28, 2005, the Coast 
Guard published regulations expanding the application of these 
requirements to cover entry into all U.S. ports. However, 
ballast water exchange is only partially effective and is often 
not carried out due to safety considerations. In addition, 
current authority does not address the introduction of non-
native species from one U.S. port to another.
  Numerous Federal, State, and international efforts are now 
focusing on the need to develop and utilize ballast water 
treatment technologies. However, the Coast Guard does not 
currently have sufficient authority to require such treatment 
technologies.
  A number of States have passed or are considering their own 
ballast water laws. The focus of these laws has been on ballast 
water exchange, but some States have passed treatment 
requirements, in large part due to the lack of Federal 
regulations. The Committee finds that the current patchwork of 
State laws is inadequate to address this issue effectively. 
Moreover, a national program establishing uniform ballast water 
treatment requirements is needed to ensure that ships traveling 
from port to port are not subject to different State laws which 
would make compliance difficult, if not impossible, and could 
disrupt interstate commerce.

             INTERNATIONAL MARITIME ORGANIZATION CONVENTION

  In February 2004, the International Maritime Organization 
(IMO) adopted a new ballast water Convention, negotiated with 
U.S. leadership. This agreement set up a timetable for ships to 
meet new ballast water treatment standards. These standards 
would prohibit ships from discharging ballast water with a 
concentration of more than 10 organisms per cubic meter or 
greater. Until the performance standards are followed, vessels 
would be required to exchange their ballast water offshore. The 
Coast Guard has testified that the 10 organisms per cubic meter 
standard may not be sufficient to adequately treat ballast 
water and may be no more effective than ballast water exchange. 
At the IMO negotiations, the Coast Guard pushed for a standard 
of 0.01 organisms per cubic meter. The Coast Guard succeeded in 
including in the final IMO agreement a provision allowing 
countries to adopt more stringent domestic measures and has 
supported adopting a tougher standard than the IMO Convention 
in Federal law. The Convention must be ratified by at least 30 
countries representing at least 35 percent of global shipping 
tonnage before it goes into effect; 10 countries have ratified 
the agreement thus far.

                         Summary of Provisions

  The bill would amend section 1101 of the NANPCA and 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. The 
provisions of the bill would apply to vessels that are 
designed, constructed, or adapted to carry ballast water. 
Certain vessels are excluded from the provisions of the bill, 
including vessels of the Armed Services that comply with a 
comparable program.
  Covered vessels would be required to have an approved ballast 
water management plan and keep a ballast water record book on 
board documenting their ballast water operations. Until 
required to adopt ballast water treatment technology, covered 
vessels would be required to conduct ballast water exchange in 
accordance with regulations prescribed by the Coast Guard. For 
vessels arriving from outside the EEZ, a vessel would be 
required to conduct exchanges at least 200 nautical miles from 
the nearest point of land, and for voyages within 200 nautical 
miles of the United States, a vessel would be required to 
conduct exchanges at least 50 nautical miles from the nearest 
land. In both cases, the exchanges would take place in water at 
least 200 meters in depth. Alternatively, vessels would be able 
to comply with this requirement by using ballast water 
treatment technology that is as effective as ballast water 
exchange, or implement the treatment requirements of the Act in 
an earlier timeframe. The Coast Guard would be required to 
establish guidelines within one year of enactment of the bill 
on what level of treatment would be at least as effective as 
ballast water exchange. The Committee views the timely 
completion of these guidelines as a priority.
  A number of exceptions would be included in the requirements 
for ballast water exchange. First, the ballast water exchange 
requirements would not apply to discharges or uptakes of 
ballast water necessary to ensure the safety or stability of 
the vessel, its crew or its passengers. This exemption is 
important for certain vessel classes, such as many tug and 
barge operations. The Committee intends that the Coast Guard 
allow this exemption for specific vessels that are routinely 
unable to conduct exchange due to safety considerations, as 
opposed to allowing exemptions only on a voyage-by-voyage 
basis. Second, the provision would address the problem of 
requiring ballast water exchange for vessels on short coastal 
voyages by allowing vessel operators to seek a waiver if 
conducting exchange would cause the operator substantial 
business hardship, as determined by the Secretary. Third, an 
exemption would be provided for vessels operating exclusively 
between certain areas where the risk of introducing aquatic 
nuisance species is insignificant, including vessels operating 
exclusively within the Great Lakes and among the main Hawaiian 
islands. Additional common geographical areas exempted from 
exchange requirements could be added by the Coast Guard after 
consultation with other Federal agencies and with State 
concurrence.
  The bill also would prohibit a vessel from discharging 
ballast water or sediment containing aquatic nuisance species 
into a National Marine Sanctuary or National Marine Monument. 
It also would provide a process by which Federal agencies and 
States can establish no-discharge zones for areas that warrant 
greater protection.
  The bill also would provide that existing regulations in 
place for the Great Lakes would not be superseded until the 
bill's requirements are fully phased in. It also would require 
the Coast Guard to adopt regulations for ships with no ballast 
on board.
  The bill would require vessels to install ballast water 
treatment technologies by 2012 and would establish performance 
standards for those technologies. If no technology is available 
that would meet the bill's performance standards, vessels would 
be required to implement available technologies that, at a 
minimum, meet the weaker IMO standards. By allowing the use of 
IMO-compliant technologies, the bill also would assure that 
ballast water treatment is implemented in a shorter timeframe.
  The 2012 deadline could be extended by two years if a 
feasibility review determines that no technologies exist that 
meet the statutory criteria. This feasibility review would be 
repeated if the compliance date had to be extended. The 
feasibility review would evaluate specific factors such as the 
technology's efficacy, whether a technology has an adverse 
impact on the environment, and cost effectiveness. If the Coast 
Guard determines that treatment technology exists that exceeds 
the performance standards, or that effective technology could 
be implemented earlier than the phase-in dates, the Coast Guard 
would be required to revise the standards and time frame for 
implementation accordingly.
  The performance standards themselves follow the approach 
adopted by the IMO, using a concentration of organisms per 
volume of water. However, the standards in S. 1578 reflect a 
more effective target, based on expert testimony and research. 
Adopting more effective standards under U.S. law is consistent 
with the IMO agreement, which includes a provision, sought by 
the U.S. negotiators, assuring that parties can adopt more 
stringent measures than those included in the agreement. Under 
S. 1578, treatment would be required to achieve less than one 
living organism that is 50 or more micrometers in size per 10 
cubic meters of water and less than one living organism that is 
less than 50 and more than 10 micrometers in size per 10 
milliliters. By contrast, the IMO standards require treatment 
to a level of 10 living organisms per one cubic meter and one 
milliliter, respectively.
  The bill would provide the Administrator of the EPA the 
authority to set revised performance standards in the future 
and to review the standards every three years to evaluate 
whether they should be strengthened. The bill also would 
provide States with a role in the establishment of 
concentrations of indicator microbes and viruses for the 
initial performance standards, standards for reception 
facilities, and future performance standards.
  The bill would require the Coast Guard, in consultation with 
the EPA, to issue protocols and procedures for verifying the 
performance of ballast water treatment technologies and 
approving treatment equipment and systems for shipboard use. 
The bill would direct the Coast Guard to use Federal or non-
Federal laboratories that meet standards that would be 
established by the Coast Guard for the purpose of evaluating 
and certifying ballast water treatment technologies and 
equipment. The Committee expects that the Coast Guard will 
develop efficient verification methodologies to evaluate the 
technical capabilities of ballast water treatment technologies, 
such as monitoring the presence or the lack of certain 
substances in the ballast water as a surrogate for evaluating 
the content of ballast water samples.
  The bill would require vessels to dispose of sediment from 
ballast tanks either more than 200 nautical miles from the 
nearest point of land, or into a reception facility, in 
accordance with the ballast water plan and regulations to be 
approved by the Coast Guard. The Administrator of the EPA would 
be required to promulgate regulations for the reception 
facilities, consistent with current EPA authority for land-
based facilities. The bill also would require new vessels to be 
designed and constructed in a manner that minimizes the 
occurrence of sediment in ballast tanks.
  The bill would allow vessels participating in a Coast Guard-
approved pilot program to conduct ship-board testing of ballast 
water treatment technologies. The bill would authorize the 
Coast Guard to allow the vessels to use such technology for ten 
years, which should encourage more vessel operators to test new 
technologies in pilot programs. It would also authorize 
$5,000,000 annually from FY 2008 through FY 2012 for the 
existing Federal Ballast Water Demonstration Project, which 
provides grants for research and development of innovative 
technologies for the management, treatment, and disposal of 
ballast water and sediment, ballast water exchange, and other 
vessel vectors of aquatic nuisance species.
  The bill would include a provision that requires the 
President to establish a national rapid response plan to 
address the spread of aquatic nuisance species. The plan would 
provide for the coordination of actions among Federal, State, 
and local agencies to minimize damage from the introduction of 
aquatic nuisance species.
  The bill would allow the Secretary to enter into cooperative 
management agreements with States, including arrangements for 
cooperative enforcement, inspection, research, and other 
provisions included in this Act. The Secretary would be 
authorized to provide grants to States to implement the 
agreements. A total of up to $10 million would be available to 
States annually from FY 2008 through FY 2012.
  The bill would provide a right of action by States against 
the Coast Guard and the EPA for a failure to promulgate 
regulations or take similar non-discretionary actions in a 
timely manner. This provision was added to address the concern 
of some observers that the Coast Guard otherwise would not make 
ballast water management a priority given its additional 
responsibility for homeland security.
  The bill would include a savings clause to allow for State 
programs addressing aquatic invasive species, limited by the 
need for uniformity in some areas. States could regulate 
ballast water treatment and exchange, as long as they do not 
impose substantively different requirements from the Federal 
requirements, to ensure that a uniform national program is in 
place that is consistent with the international agreement. 
States could regulate all other aspects of ballast water 
management, including reporting, research and development, 
enforcement, and the imposition of fees, to the extent that 
such State requirements do not conflict with the Federal 
requirements.
  The bill would provide that section 1101 of the NANPCA is the 
sole Federal authority with respect to preventing the 
introduction of aquatic nuisance species from ballast water and 
other ship vectors. This would not affect the operation of 
other Federal statutes, including the Clean Water Act, on other 
discharges from ships. The provision would not amend the Clean 
Water Act, nor would it alter how the Clean Water Act currently 
applies to the discharges covered by the bill. The Clean Water 
Act historically has never regulated the discharges covered in 
the bill. EPA exempted ballast water and other discharges 
incidental to the normal operation of a ship from the National 
Pollution Discharge Elimination System (NPDES) 34 years ago, 
and Congress adopted a separate Federal law to regulate 
invasive species from ballast water in 1990, the NANPCA, as 
amended by NISA in 1990. S. 1578 would amend and strengthen 
that existing regulatory framework.
  This provision would be consistent with Congressional intent 
in adopting a savings clause for the Clean Water Act in the 
NANPCA. The NANPCA savings clause was not aimed at aquatic 
nuisance species, but at concerns that the ballast water 
exchange requirements of that legislation not result in 
discharges of oil from ballast water tanks. The clarification 
is necessary now to avoid confusion resulting from a recent 
Federal District Court case, Northwest Environmental Advocates, 
et al, vs. the United States Environmental Protection Agency, 
2005 U.S. Dist. LEXIS 5373 (N.D. Cal. 2005). There, the court 
found that the EPA had erred in exempting ballast water from 
the NPDES program 34 years ago. Without this clarification, two 
completely separate Federal laws would apply to the same 
discharges, and States could adopt divergent laws for ships 
that travel to different ports. Moreover, the Clean Water Act's 
permit program, effective for regulating stationary sources, is 
not a desirable approach for regulating ballast water 
discharges from vessels. According to the EPA, the NPDES 
program has never applied to the discharges of pollutants from 
operational ships as they move from port to port. In fact, 
Congress has consistently addressed ship pollution through 
other statutory means.
  The bill would authorize $50,000,000 in annual appropriations 
for the Coast Guard for FY 2008 through FY 2012 to implement 
the legislation. In addition, the bill would authorize 
$5,000,000 annually for FY 2008 through FY 2012 for development 
of innovative technologies through the Federal Ballast Water 
Demonstration Project.

                          Legislative History

  S. 1578 was introduced in the Senate on June 7, 2007, by 
Senator Inouye, co-sponsored by Senator Stevens, and referred 
to the Senate Committee on Commerce, Science, and 
Transportation. On September 27, 2007, the bill was considered 
by the Committee in an open Executive Session. Senator Inouye 
offered an amendment in the nature of a substitute, co-
sponsored by Senator Stevens. By voice vote, the Committee 
adopted the amendment and ordered S. 1578 to be reported with 
an amendment in the nature of a substitute.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 1578--Ballast Water Management Act of 2007

    Summary: S. 1578 would require the U.S. Coast Guard (USCG) 
to establish new standards and procedures for controlling the 
spread of invasive species through ballast water (water that is 
carried in tanks by some ships to maintain balance). Assuming 
appropriation of the amounts authorized by the bill, CBO 
estimates that implementing S. 1578 would cost $44 million in 
2008 and $260 million over the 2008-2012 period. (Of the 
amounts authorized, $15 million would be spent after 2012.) CBO 
estimates that enacting S. 1578 could increase revenues (from 
violations of regulations on treating ballast water) and direct 
spending (from amounts collected as criminal penalties and 
spent from the Crime Victims Fund) by less than $500,000 
annually.
    S. 1578 contains intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
The bill would require owners, operators, and manufacturers of 
certain public and private vessels equipped to carry ballast 
water to comply with requirements for treating such water. In 
addition, the bill would require public and private entities to 
respond to subpoenas and would preempt some state and local 
laws.
    The aggregate costs of complying with those mandates are 
uncertain and would depend, in part, on future regulations. CBO 
estimates that compliance costs for the intergovernmental 
mandates would not exceed the annual threshold established in 
UMRA for such mandates ($66 million in 2007, adjusted annually 
for inflation) due to the small number of public entities 
involved. Because the cost of the treatment systems would be 
substantial for private-sector entities, however, CBO estimates 
that the aggregate cost to those entities would exceed the 
annual threshold established by UMRA for private-sector 
mandates ($131 million in 2007, adjusted annually for 
inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1578 is shown in the following table. 
The costs of this legislation fall within budget functions 300 
(natural resources and environment) and 400 (transportation).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2008    2009    2010    2011    2012
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.............      55      55      55      55      55
Estimated Outlays...............      44      52      54      55      55
------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
1578 will be enacted near the beginning of fiscal year 2008 and 
that the authorized amounts will be appropriated for each year. 
Estimated outlays are based on historical spending patterns for 
similar programs.
    S. 1578 would authorize appropriations of $55 million for 
each of fiscal years 2008 through 2012. Under the bill, most of 
the funds would be used by the USCG to promulgate new 
regulations aimed at reducing the spread of invasive species 
through ballast water. The regulations would establish 
standards and procedures that must be followed by vessel 
operators when treating or discharging ballast water and 
sediment. Of the amounts authorized for each year, up to $10 
million could be provided to states under cooperative 
agreements, and $5 million would be authorized for grants to 
develop treatment technologies. The bill also would establish 
civil and criminal penalties for violating federal regulations.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 1578 would cost $44 million in 
2008, $260 million over the 2008-2012 period, and $15 million 
after 2012. We also estimate that any increased revenues from 
civil and criminal penalties established by the bill, and 
direct spending of revenues from criminal penalties (which are 
deposited in and spent from the Crime Victims Fund), would not 
exceed $500,000 in any year.
    Estimated intergovernmental and private-sector impact: S. 
1578 would impose intergovernmental and private-sector 
mandates, as defined in UMRA, on owners, operators, and 
manufacturers of certain vessels and others in the maritime 
industry. The aggregate costs of those mandates are uncertain 
because they would depend, in part, on regulations to be 
developed under the bill. CBO estimates that costs to 
governmental entities would not exceed the annual threshold 
established in UMRA for intergovernmental mandates ($66 million 
in 2007, adjusted annually for inflation) due to the small 
number of such entities involved. Because the cost of the 
treatment systems for ballast water would be substantial for 
private-sector entities, however, CBO estimates that the 
aggregate cost to those entities would exceed the annual 
threshold established by UMRA for private-sector mandates ($131 
million in 2007, adjusted annually for inflation).

Mandates that apply to both public and private entities

    Treatment of Ballast Water. Current regulations require 
U.S. and foreign vessels with ballast tanks that operate in the 
waters of the United States and that are bound for ports or 
places in the United States to report on and conduct activities 
relating to the discharge of ballast water. The bill would 
place additional requirements on owners and operators of those 
vessels, including installing new treatment systems and keeping 
additional records of their operations. In addition, 
manufacturers of such vessels built after 2011 would have to 
meet specific design and construction requirements for 
treatment systems to be eligible to operate in U.S. waters.
    According to several industry experts and the U.S. Coast 
Guard, water treatment systems currently available cost between 
$300,000 and $1 million to install per ballast system. Some 
vessels that would need those systems may have as many as 20 
ballast tanks, and each tank would have to be fitted with a 
treatment system. CBO estimates that the cost to public 
entities would be small because we expect that few vessels 
owned by state and local governments would be affected. CBO 
estimates, however, that the cost for the private sector would 
exceed the threshold for private-sector mandates in at least 
one year over the 2008-2012 period.
    Subpoena Authority. The bill also would give the Secretary 
of Transportation the authority to subpoena public and private 
entities in the course of an investigation related to a vessel 
conveyance. State, local, and tribal governments, as well as 
private-sector entities, if subpoenaed by the Secretary, would 
be required to provide testimony, documents, or other evidence. 
CBO expects that the Secretary would likely exercise this 
authority sparingly and that the costs to comply with a 
subpoena would not be significant for those entities.

Mandates that apply to public entities only

    Preemption of State and Local Laws. S. 1578 also would 
preempt state and local laws that would be inconsistent or 
conflict with the new federal requirements. (The bill would 
specifically preserve state and local authority to impose 
greater penalties or fees for acts or omissions that are 
violations of the act.) This preemption constitutes a mandate 
as defined in UMRA, but any costs to state and local 
governments would be minimal.
    Previous CBO estimate: On August 29, 2007, CBO transmitted 
a cost estimate for H.R. 2830, the Coast Guard Authorization 
Act of 2007, as ordered reported by the House Committee on 
Transportation and Infrastructure on June 28, 2007. Title V of 
H.R. 2830 and S. 1578 authorize similar activities. The total 
amounts authorized to be appropriated by S. 1578 are higher 
than those authorized by H.R. 2830, as reflected in the CBO 
cost estimates. Also, H.R. 2830 would not establish criminal 
penalties; S. 1578 would.
    Estimate prepared by: Federal Spending: Deborah Reis, 
Impact on State, Local, and Tribal Governments: Elizabeth Cove, 
Impact on the Private Sector: Jacob Kuipers.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 1578 as reported by the Committee would authorize 
appropriations to establish a uniform national ballast water 
exchange and treatment program and make a number of changes to 
current law. The bill would have a large regulatory impact for 
commercial vessels operating in U.S. waters.

                            ECONOMIC IMPACT

  The reported bill would benefit the U.S. economy by reducing 
damages from aquatic nuisance species, now estimated to be in 
the range of millions to billions of dollars annually. Up to 
$50 million per year for FY 2008 through FY 2012 would be 
authorized for appropriations to the Coast Guard to implement 
the bill's obligations. Out of the $50 million, up to $10 
million would be available to States to implement cooperative 
agreements. The bill would also authorize $5 million annually 
in support of private sector development of ballast water 
treatment technologies. Vessels to which the bill applies would 
bear the costs of implementing the bill's requirements for 
treatment technologies; however, the purchase of such 
technologies would also provide a benefit to the U.S. economy.

                                PRIVACY

  The reported bill would have little, if any, impact on the 
personal privacy of U.S. citizens.

                               PAPERWORK

  The reported bill would increase paperwork requirements for 
individuals and businesses conducting commercial vessel 
operations in U.S. waters by requiring them to prepare ballast 
water plans and keep and maintain accurate logs of their 
ballast water exchange activities.

                      Section-by-Section Analysis


Section 1. Short Title.

  Section 1 would provide that the Act may be cited as the 
``Ballast Water Management Act of 2007.''

Section 2. Findings.

  Section 2 would include Congressional findings relevant to 
the issue of aquatic nuisance species from ballast water and 
other ship vectors.

Section 3: Management of Vessel-Borne Aquatic Nuisance Species.

  Section 3 would amend section 1101 of the NANPCA (16 U.S.C. 
4711) to establish a stronger and uniform national approach to 
addressing aquatic nuisance species from ballast water and 
other ship vectors. The approach set forth in Section 3 would 
closely track with the requirements and structure of an 
international agreement on ballast water that was negotiated, 
with United States leadership, in the IMO. The bill would 
include additional provisions in applying these requirements to 
the United States.
  Section 1101 would be amended as follows:
  Subsection (a) of section 1101, as amended, would set forth a 
statement of purpose and the scope of the requirements of 
section 1101. The purpose of section 1101 would be 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 vectors. Section 1101 
also would apply to vessels that are designed, constructed, or 
adapted to carry ballast water, including U.S. vessels and 
foreign vessels that come to or depart from a U.S. port or 
place and are within waters subject to the jurisdiction of the 
United States. Several types of vessels would be exempted from 
the requirements of the section, including vessels that carry 
permanent ballast water in sealed tanks, vessels of the United 
States Armed Forces that follow a comparable program, and small 
vessels, for which alternative measures may be promulgated.
  Subsection (b) of section 1101, as amended, would establish a 
general requirement that vessels to which the legislation 
applies may only uptake or discharge ballast water or sediment 
in accordance with the requirements and schedule established in 
the bill. Certain exceptions would apply, including when the 
safety of the vessel is in question, in saving a life at sea, 
when damage to the vessel results in an accidental discharge, 
or when necessary to prevent discharge of pollution.
  Subsection (c) of section 1101, as amended, would require a 
vessel to have an approved ballast water management plan on 
board that meets requirements prescribed by the Secretary. The 
plan would describe the actions to be taken to implement the 
ballast water management requirements of the bill. For foreign 
vessels, the Secretary would be authorized to approve a plan 
based on a certificate of compliance issued by the vessel's 
country of registration. The plan would be required to be 
maintained on the vessel.
  Subsection (d) of section 1101, as amended, would require a 
vessel to keep a ballast water record book on board documenting 
its ballast water operations, in accordance with regulations 
promulgated by the Secretary.
  Subsection (e) of section 1101, as amended, would require 
vessels to use ballast water exchange to reduce the risk of 
introduction of aquatic nuisance species until ballast water 
treatment standards outlined in subsection (f) of this section 
come into effect. As an alternative, vessels could meet this 
requirement by using ballast water treatment that meets the 
performance standards of subsection (f) or by using ballast 
treatment that does not meet the performance standards in 
subsection (f) but is at least as effective as ballast water 
exchange. For vessels using ballast water exchange, this 
subsection would require vessels arriving at a U.S. port from 
outside the U.S. EEZ to conduct exchange at least 200 nautical 
miles from the nearest point of land, in water at least 200 
meters in depth. Vessels voyaging between ports within 200 
nautical miles of the United States would be required to 
conduct exchange at least 50 nautical miles from the nearest 
land, in water at least 200 meters in depth. Ballast water 
exchange would not be allowed in marine sanctuaries or other 
designated areas. This subsection would provide a process by 
which Federal agencies and States could establish no-discharge 
zones for areas that warrant greater protection.
  A number of exceptions would be included in this subsection. 
First, the ballast water exchange requirements would not apply 
to discharges of ballast water necessary to ensure the safety 
or stability of the vessel, its crew, or its passengers. This 
exemption is important particularly for certain vessel classes, 
such as many tug and barge operations. Second, the provision 
would address the problem of requiring ballast water exchange 
for vessels on short voyages by allowing vessel operators to 
seek a waiver if conducting exchange would cause the operator 
substantial business hardship, as determined by the Secretary. 
Third, an exemption would be provided for vessels operating 
exclusively between certain areas where the risk of introducing 
aquatic nuisance species is insignificant, including vessels 
operating within the Great Lakes and among the main Hawaiian 
islands. States would have to concur in the designation of any 
additional areas in State waters in which vessels would be 
exempted from ballast water exchange. This subsection also 
would provide that un-exchanged ballast water discharged 
pursuant to an exception should be discharged in an area 
designated by the Secretary or into a reception facility 
established under subsection (f).
  Subsection (f) of section 1101, as amended, would specify the 
overall performance standards for ship-board ballast water 
treatment, provide exceptions for ballast treated at a 
reception facility, set forth the implementation schedule for 
treatment and the approval process for treatment systems, 
provide for a feasibility review process and a delay if there 
are no feasible technologies, provide for earlier 
implementation if higher standards are achievable, establish a 
schedule for periodic review of treatment technologies and 
standards, provide incentives to allow vessels with promising 
experimental treatment systems to use those systems for up to 
10 years, define certain high risk vessels based on their 
operations and origins of their voyages, provide exceptions for 
vessels operating in certain areas with insignificant risk of 
spreading aquatic nuisance species, and describe laboratories 
and protocols for evaluating and certifying technologies for 
ballast water treatment.
  Paragraph (1) would set forth the performance standards for 
ballast water treatment. Treatment is to achieve less than 1 
living organism that is 50 or more micrometers in size per 10 
cubic meters, and less than 1 living organism that is less than 
50 and more than 10 micrometers in size per 10 milliliters. The 
standards also include concentrations for three indicator 
microbes: Vibrio cholera, Escherichia coli, and enterococci.
  Paragraph (2) would provide that the performance standards 
are not applicable to discharges of ballast water into a 
reception facility designated by the Administrator of the EPA 
(Administrator).
  Paragraph (3) would set forth the implementation date of 
January 1, 2012, for all vessels.
  Paragraph (4) would require the Secretary, in consultation 
with the Administrator, to establish a process for approval of 
ballast water treatment technologies.
  Paragraph (5) would set forth the feasibility review process 
that the Coast Guard would use to evaluate whether technologies 
exist that would meet the performance standards. The process 
would include specific criteria, including the effectiveness of 
a technology, whether a technology has an adverse impact on the 
environment, and cost effectiveness. If the Coast Guard 
determines that compliance with the performance standards is 
not feasible, vessels would be required to implement available 
technologies that, at a minimum, meet the standards of the IMO. 
If no feasible technologies exist, the Coast Guard would extend 
the date of compliance up to two years. This process would then 
be repeated. Paragraph (5) also would provide that if the Coast 
Guard determines treatment technology exists that exceeds the 
performance standards, or that effective technology could be 
implemented sooner than the phase-in dates, the Coast Guard 
would be required to revise the standards and timeframe for 
implementation accordingly.
  Paragraph (6) would provide an incentive for vessels to 
participate in a pilot program approved by the Coast Guard to 
conduct ship-board testing of ballast water treatment 
technologies likely to achieve or exceed the performance 
standards, by allowing the vessels to use such technology for 
ten years. This provision is aimed at encouraging vessel 
operators to participate in such programs. To date operators 
have not participated at a high rate due to the costs and risks 
otherwise involved in testing technologies on board. The 
subsection also would encourage a range of vessel types and 
voyages to participate.
  Paragraph (7) would require, starting in December 2014, and 
every third year thereafter, the Administrator, in consultation 
with the Secretary, and other Federal and State agencies, to 
determine if the performance standards should be revised to 
reduce the amount of organisms or microbes allowed to be 
discharged.
  Paragraph (8) would provide that if compliant treatment 
technologies installed aboard a vessel are maintained and used, 
the vessel may keep that technology for up to ten years if the 
performance standards of the bill are met, and for up to five 
years if the IMO standards are used, even if the Coast Guard 
determines during their review that an enhanced treatment 
standard is available.
  Paragraph (9) would require the Secretary to publish a list 
of vessels identified by States that, due to factors such as 
the origin of their voyages, the volume of ballast water they 
carry, and the fact that they frequently discharge unexchanged 
or improperly exchanged ballast water pursuant to an exception, 
pose a relatively high risk of introducing aquatic nuisance 
species into the waters of the United States. This paragraph 
further would provide that the Secretary give priority to such 
vessels for participation in technology pilot programs 
described in paragraph (f)(6), and that Federal and State 
programs would be authorized to provide incentives to such 
vessels to more quickly adopt ballast water treatment 
technologies.
  Paragraph (10) would exempt certain vessels from ballast 
water treatment standards if they operate exclusively in areas 
where the risk of aquatic nuisance species in ballast water is 
insignificant. States would have to concur before such an 
exemption was provided.
  Paragraph (11) would require the Secretary, in consultation 
with the Administrator, to issue interim protocols within 90 
days of enactment for verifying the performance of ballast 
water treatment technologies, criteria for certifying 
laboratories, and procedures for approving such systems for 
shipboard use to ensure that the development of technologies 
begins promptly. The paragraph would allow the use of both 
Federal and non-federal laboratories for evaluating ballast 
water treatment technologies and equipment.
  Subsection (g) of section 1101, as amended, would require the 
Secretary to notify mariners of areas where vessels should not 
uptake ballast water due to known conditions.
  Subsection (h) of section 1101, as amended, would require 
vessels to dispose of sediment from ballast tanks either more 
than 200 nautical miles from the nearest point of land, or into 
a reception facility, in accordance with the ballast water plan 
and regulations to be approved by the Secretary. The 
Administrator would be required to promulgate regulations for 
the reception facilities themselves. This subsection also would 
require new vessels to be designed and constructed in a manner 
that minimizes sediment in ballast tanks and facilitates its 
removal.
  Subsection (i) of section 1101, as amended, would require the 
Secretary to inspect new and existing vessels and ballast water 
equipment annually to ensure compliance with the requirements 
of the bill. Foreign vessels would be inspected the first time 
the vessel enters a United States port. The section also would 
require the Secretary to prepare and make public an annual 
report on ballast water management activities.
  Subsection (j) of section 1101, as amended, would authorize 
the Secretary to detain a vessel that is in violation of the 
ballast water management requirements and to require corrective 
action before it gets underway.
  Subsection (k) of section 1101, as amended, would authorize 
civil or criminal penalties to be charged to the responsible 
party if the person or persons are found to be in violation of 
a regulation prescribed under this section.
  Subsection (l) of section 1101, as amended, would authorize 
the Secretary to enforce the requirements of the bill and 
regulations promulgated under the bill.
  Subsection (m) of section 1101, as amended, would encourage 
the Secretary to consult with the governments of Canada and 
Mexico, as well as other relevant countries, in implementing 
the requirements of the bill.
  Subsection (n) of section 1101, as amended, would encourage 
the Secretary to enter into negotiations with foreign 
governments to develop and implement an effective international 
program for preventing the unintentional introduction and 
spread of aquatic nuisance species through ballast waters.
  Subsection (o) of section 1101, as amended, would require the 
Secretary to ensure that vessels registered outside of the U.S. 
do not receive more favorable treatment than United States 
vessels in implementing the bill.
  Subsection (p) of section 1101, as amended, would authorize 
$5 million annually from FY 2008 through FY 2012 to the 
Secretary to be provided for research and development on 
innovative technologies for the management, treatment, and 
disposal of ballast water and sediment, ballast water exchange, 
and other vessel vectors of aquatic nuisance species.
  Subsection (q) of section 1101, as amended, would require the 
Secretary to consult with the Aquatic Nuisance Species Task 
Force, established by the NANPCA of 1990, in implementing this 
section.
  Subsection (r) of section 1101, as amended, would require the 
Administrator to conduct an evaluation of human health and 
environmental risks from vessel discharges other than aquatic 
nuisance species that are not required to have discharge 
permits and propose strategies to address such risks.
  Subsection (s) of section 1101, as amended, would require the 
Coast Guard to report to Congress on vessel-borne pathways of 
aquatic nuisance species other than through ballast water, such 
as from vessel hulls or anchors, and propose strategies to 
address such risks, including best practices for Federal 
vessels, and to report on the potential risk of foreign vessels 
that are transiting United States waters.
  Subsection (t) of section 1101, as amended, would require the 
President to prepare a coordinated rapid response plan to 
detect and address the spread of nuisance aquatic organisms.
  Subsection (u) of section 1101, as amended, would require the 
Secretary to develop regulations necessary to carry out the 
Act. The subsection contains a provision that would allow 
States to bring action against the Secretary and the 
Administrator to implement the nondiscretionary elements in the 
bill.
  Subsection (v) of section 1101, as amended, would allow the 
Secretary to enter into cooperative management agreements with 
States, including arrangements for cooperative enforcement, 
inspection, research, and other provisions included in this 
Act. The Secretary would be authorized to provide grants to 
States to implement these agreements.
  Subsection (w) of section 1101, as amended, is a savings 
clause stating that the Act would not preempt any State or 
local laws regulating aquatic nuisance species in ballast water 
or sediment as long as those laws do not impose substantively 
different exchange or treatment requirements, do not conflict 
with the requirements of the Act, and do not pose an undue 
burden on interstate commerce. It also would establish the bill 
as the sole Federal authority with respect to preventing the 
introduction of aquatic nuisance species from ballast water and 
other ship vectors.
  Section 3 of the bill also, in subsection (b), would amend 
section 1003 of the NANPCA (16 U.S.C. 4702) to establish 
several additional definitions and would make conforming 
amendments, in subsection (c).

Section 4. Authorization of Appropriations.

  Section 4 of the bill would authorize $50,000,000 in annual 
appropriations for the Coast Guard for FY 2008 through FY 2012 
to implement the legislation, of which a total of up to 
$10,000,000 would be available to States to implement 
cooperative agreements in subsection (v) of section 1101 of the 
NANPCA, as amended.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

   NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL ACT OF 1990


SEC. 1002. FINDINGS AND PURPOSES.

                            [19 U.S.C. 4701]

  (a) Findings.--The Congress finds that--
          (1) the discharge of untreated water in the ballast 
        tanks of vessels and through other means results in 
        unintentional introductions of nonindigenous species to 
        fresh, brackish, and saltwater environments;
          (2) when environmental conditions are favorable, 
        nonindigenous species become established, may compete 
        with or prey upon native species of plants, fish, and 
        wildlife, may carry diseases or parasites that affect 
        native species, and may disrupt the aquatic environment 
        and economy of affected nearshore areas;
          (3) the zebra mussel was unintentionally introduced 
        into the Great Lakes and has infested--
                  (A) waters south of the Great Lakes, into a 
                good portion of the Mississippi River drainage;
                  (B) waters west of the Great Lakes, into the 
                Arkansas River in Oklahoma; and
                  (C) waters east of the Great Lakes, into the 
                Hudson River and Lake Champlain;
          (4) the potential economic disruption to communities 
        affected by the zebra mussel due to its colonization of 
        water pipes, boat hulls and other hard surfaces has 
        been estimated at $5,000,000,000 by the year 2000, and 
        the potential disruption to the diversity and abundance 
        of native fish and other species by the zebra mussel 
        and ruffe, round goby, and other nonindigenous species 
        could be severe;
          (5) the zebra mussel was discovered on Lake Champlain 
        during 1993 and the opportunity exists to act quickly 
        to establish zebra mussel controls before Lake 
        Champlain is further infested and management costs 
        escalate;
          (6) in 1992, the zebra mussel was discovered at the 
        northernmost reaches of the Chesapeake Bay watershed;
          (7) the zebra mussel poses an imminent risk of 
        invasion in the main waters of the Chesapeake Bay;
          (8) since the Chesapeake Bay is the largest recipient 
        of foreign ballast water on the East Coast, there is a 
        risk of further invasions of other nonindigenous 
        species;
          (9) the zebra mussel is only one example of thousands 
        of nonindigenous species that have become established 
        in waters of the United States and may be causing 
        economic and ecological degradation with respect to the 
        natural resources of waters of the United States;
          (10) since their introduction in the early 1980's in 
        ballast water discharges, ruffe--
                  (A) have caused severe declines in 
                populations of other species of fish in Duluth 
                Harbor (in Minnesota and Wisconsin);
                  (B) have spread to Lake Huron; and
                  (C) are likely to spread quickly to most 
                other waters in North America if action is not 
                taken promptly to control their spread;
          (11) examples of nonindigenous species that, as of 
        the date of enactment of the National Invasive Species 
        Act of 1996, infest coastal waters of the United States 
        and that have the potential for causing adverse 
        economic and ecological effects include--
                  (A) the mitten crab (Eriocher sinensis) that 
                has become established on the Pacific Coast;
                  (B) the green crab (Carcinus maenas) that has 
                become established in the coastal waters of the 
                Atlantic Ocean;
                  (C) the brown mussel (Perna perna) that has 
                become established along the Gulf of Mexico; 
                and
                  (D) certain shellfish pathogens;
          (12) many aquatic nuisance vegetation species, such 
        as Eurasian watermilfoil, hydrilla, water hyacinth, and 
        water chestnut, have been introduced to waters of the 
        United States from other parts of the world causing or 
        having a potential to cause adverse environmental, 
        ecological, and economic effects;
          (13) if preventive management measures are not taken 
        nationwide to prevent and control unintentionally 
        introduced nonindigenous aquatic species in a timely 
        manner, further introductions and infestations of 
        species that are as destructive as, or more destructive 
        than, the zebra mussel or the ruffe infestations may 
        occur;
          (14) aquatic nuisance species may be introduced by 
        other vessel conduits, including the hulls of ships;
          [(14)] (15) once introduced into waters of the United 
        States, aquatic nuisance species are unintentionally 
        transported and introduced into [inland lakes and 
        rivers by recreational boaters, commercial barge 
        traffic, and a variety of other pathways; and] other 
        areas of the United States, including coastal areas, 
        inland lakes, and rivers by recreational boaters, 
        commercial traffic, and a variety of other pathways;
          [(15)] (16) resolving the problems associated with 
        aquatic nuisance species will require the participation 
        and cooperation of the Federal Government and State 
        governments, nongovernmental entities, institutions of 
        higher education, and the private sector, and 
        investment in the development of prevention 
        [technologies.] technologies;
          (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.
  (b) Purposes.--The purposes of this Act are--
          (1) to prevent unintentional introduction and 
        dispersal of nonindigenous species into waters of the 
        United States through ballast water management and 
        other requirements;
          (2) to coordinate federally conducted, funded or 
        authorized research, prevention[,] control, information 
        dissemination and other activities regarding the zebra 
        mussel and other aquatic nuisance species;
          (3) to develop and carry out environmentally sound 
        control methods to prevent, monitor and control 
        unintentional introductions of nonindigenous species 
        from pathways other than ballast water exchange;
          (4) to understand and minimize economic and 
        ecological impacts of nonindigenous aquatic nuisance 
        species that become established, including the zebra 
        mussel; and
          (5) to establish a program of research and technology 
        development and assistance to States in the management 
        and removal of zebra mussels.

SEC. 1003. DEFINITIONS.

                            [19 U.S.C. 4702]

  [As used in this Act, the term--] In this Act:
            ``(1) Administrator.--The term ``Administrator'' 
        means the Administrator of the Environmental Protection 
        Agency;
          [(1)] (2) Aquatic nuisance species._The term 
        ``aquatic nuisance species'' means a nonindigenous 
        species that threatens the diversity or abundance of 
        native species or the ecological stability of infested 
        waters, or commercial, agricultural, aquacultural or 
        recreational activities dependent on such [waters;] 
        waters.
          [(2)] (3) Assistant secretary._The term ``Assistant 
        Secretary'' means the Assistant Secretary of the Army 
        (Civil [Works);] Works).
          [(3) ``ballast water'' means any water and associated 
        sediments used to manipulate the trim and stability of 
        a vessel;]
          (4) 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.
          (5) 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.
          (6) 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.
          (7) 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.
          [(4)] (8) Director._The term ``Director'' means the 
        Director of the United States Fish and Wildlife 
        [Service;] Service.
          [(5)] (9) Exclusive economic zone._The term 
        ``exclusive economic zone'' means the Exclusive 
        Economic Zone of the United States established by 
        Proclamation Number 5030, dated March 10, 1983, and the 
        equivalent zone of [Canada;] Canada.
          [(6)] (10) Environmentally sound._The term 
        ``environmentally sound'' methods, efforts, actions or 
        programs means methods, efforts, actions or programs to 
        prevent introductions or control infestations of 
        aquatic nuisance species that minimize adverse impacts 
        to the structure and function of an ecosystem and 
        adverse effects on non-target organisms and ecosystems 
        and emphasize integrated pest management techniques and 
        nonchemical [measures;] measures.
          [(7)] (11) Great lakes._The term ``Great Lakes'' 
        means Lake Ontario, Lake Erie, Lake Huron (including 
        Lake St. Clair), Lake Michigan, Lake Superior, and the 
        connecting channels (Saint Mary's River, Saint Clair 
        River, Detroit River, Niagara River, and Saint Lawrence 
        River to the [Canandian] Canadian Border), and includes 
        all other bodies of water within the drainage basin of 
        such lakes and connecting channels.
          [(8)] (12) Great lakes region._The term ``Great Lakes 
        region'' means the 8 States that border on the Great 
        [Lakes;] Lakes.
          [(9)] (13) Indian tribe._The term ``Indian tribe'' 
        means any Indian tribe, band, nation, or other 
        organized group or community, including any Alaska 
        Native village or regional corporation (as defined in 
        or established pursuant to the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.)) that is 
        recognized as eligible for the special programs and 
        services provided by the United States to Indians 
        because of their status as [Indians;] Indians.
          [(10)] (14) Interstate organization._The term 
        ``interstate organization'' means an entity--
                  (A) established by--
                          (i) an interstate compact that is 
                        approved by Congress;
                          (ii) a Federal statute; or
                          (iii) a treaty or other international 
                        agreement with respect to which the 
                        United States is a party; and
                  (B) (i) that represents 2 or more--
                          (I) States or political subdivisions 
                        thereof; or
                          (II) Indian tribes; or
                  (ii) that represents--
                          (I) 1 or more States or political 
                        subdivisions thereof; and
                          (II) 1 or more Indian tribes; or
                  (iii) that represents the Federal Government 
                and 1 or more foreign governments; and
                  (C) has jurisdiction over, serves as forum 
                for coordinating, or otherwise has a role or 
                responsibility for the management of, any land 
                or other natural [resource;] resource.
          (15) 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).
          [(11)] (16) Nonindigenous species._The term 
        ``nonindigenous species'' means any species or other 
        viable biological material that enters an ecosystem 
        beyond its historic range, including any such organism 
        transferred from one country into [another;] another.
          [(12)] (17) Secretary._The term ``Secretary'' means 
        the Secretary of the department in which the Coast 
        Guard is [operating;] operating.
          (18) 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;] thousand.
          (19) Sediment.--The term ``sediment'' means matter 
        that has settled out of ballast water within a 
        [vessel;] vessel.
          [(13)] (20) Task force._The term ``Task Force'' means 
        the Aquatic Nuisance Species Task Force established 
        under section 1201 of this [Act;] Act.
          [(14)] (21) Territorial sea._The term ``territorial 
        sea'' means the belt of the sea measured from the 
        baseline of the United States determined in accordance 
        with international law, as set forth in Presidential 
        Proclamation Number 5928, dated December 27, [1988;] 
        1988.
          [(15)] (22) Under secretary._The term ``Under 
        Secretary'' means the Under Secretary of Commerce for 
        Oceans and Atmosphere;
          [(16)] (23) Waters of the united states._The term 
        ``waters of the United States'' means the navigable 
        waters and the territorial sea of the United [States; 
        and] States.
          [(17)] (24) Unintentional introduction._The term 
        ``unintentional introduction'' means an introduction of 
        nonindigenous species that occurs as the result of 
        activities other than the purposeful or intentional 
        introduction of the species involved, such as the 
        transport of nonindigenous species in ballast or in 
        water used to transport fish, mollusks or crustaceans 
        for aquaculture or other purposes.
          (25) 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.
          (26) 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).
          (27) 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.

           *       *       *       *       *       *       *


[SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED STATES.

                            [19 U.S.C. 4711]

  [(a) Great Lakes Guidelines.--
          [(1) In general.--Not later than 6 months after the 
        date of enactment of this Act, the Secretary shall 
        issue voluntary guidelines to prevent the introduction 
        and spread of aquatic nuisance species into the Great 
        Lakes through the exchange of ballast water of vessels 
        prior to entering those waters.
          [(2) Content of guidelines.--The guidelines issued 
        under this subsection shall--
                  [(A) ensure to the maximum extent practicable 
                that ballast water containing aquatic nuisance 
                species is not discharged into the Great Lakes;
                  [(B) protect the safety of--
                          [(i) each vessel; and
                          [(ii) the crew and passengers of each 
                        vessel;
                  [(C) take into consideration different vessel 
                operating conditions; and
                  [(D) be based on the best scientific 
                information available.
  [(b) Regulations.--
          [(1) In general.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary, in 
        consultation with the Task Force, shall issue 
        regulations to prevent the introduction and spread of 
        aquatic nuisance species into the Great Lakes through 
        the ballast water of vessels.
          [(2) Content of regulations.--The regulations issued 
        under this subsection shall--
                  [(A) apply to all vessels equipped with 
                ballast water tanks that enter a United States 
                port on the Great Lakes after operating on the 
                waters beyond the exclusive economic zone;
                  [(B) require a vessel to--
                          [(i) carry out exchange of ballast 
                        water on the waters beyond the 
                        exclusive economic zone prior to entry 
                        into any port within the Great Lakes;
                          [(ii) carry out an exchange of 
                        ballast water in other waters where the 
                        exchange does not pose a threat of 
                        infestation or spread of aquatic 
                        nuisance species in the Great Lakes and 
                        other waters of the United States, as 
                        recommended by the Task Force under 
                        section 1102(a)(1); or
                          [(iii) use environmentally sound 
                        alternative ballast water management 
                        methods if the Secretary determines 
                        that such alternative methods are as 
                        effective as ballast water exchange in 
                        preventing and controlling infestations 
                        of aquatic nuisance species;
                  [(C) not affect or supersede any requirements 
                or prohibitions pertaining to the discharge of 
                ballast water into waters of the United States 
                under the Federal Water Pollution Control Act 
                (33 U.S.C. 1251 et seq.);
                  [(D) provide for sampling procedures to 
                monitor compliance with the requirements of the 
                regulations;
                  [(E) prohibit the operation of a vessel in 
                the Great Lakes if the master of the vessel has 
                not certified to the Secretary or the 
                Secretary's designee by not later than the 
                departure of that vessel from the first lock in 
                the St. Lawrence Seaway that the vessel has 
                complied with the requirements of the 
                regulations;
                  [(F) protect the safety of--
                          [(i) each vessel; and
                          [(ii) the crew and passengers of each 
                        vessel;
                  [(G) take into consideration different 
                operating conditions; and
                  [(H) be based on the best scientific 
                information available.
          [(3) Additional regulations.--In addition to 
        promulgating regulations under paragraph (1), the 
        Secretary, in consultation with the Task Force, shall, 
        not later than November 4, 1994, issue regulations to 
        prevent the introduction and spread of aquatic nuisance 
        species into the Great Lakes through ballast water 
        carried on vessels that enter a United States port on 
        the Hudson River north of the George Washington Bridge.
          [(4) Education and technical assistance programs.--
        The Secretary may carry out education and technical 
        assistance programs and other measures to promote 
        compliance with the regulations issued under this 
        subsection.
  [(c) Voluntary National Guidelines.--
          [(1) In general.--Not later than 1 year after the 
        date of enactment of the National Invasive Species Act 
        of 1996, and after providing notice and an opportunity 
        for public comment, the Secretary shall issue voluntary 
        guidelines to prevent the introduction and spread of 
        nonindigenous species in waters of the United States by 
        ballast water operations and other operations of 
        vessels equipped with ballast water tanks.
          [(2) Content of guidelines.--The voluntary guidelines 
        issued under this subsection shall--
                  [(A) ensure to the maximum extent practicable 
                that aquatic nuisance species are not 
                discharged into waters of the United States 
                from vessels;
                  [(B) apply to all vessels equipped with 
                ballast water tanks that operate in waters of 
                the United States;
                  [(C) protect the safety of--
                          [(i) each vessel; and
                          [(ii) the crew and passengers of each 
                        vessel;
                  [(D) direct a vessel that is carrying ballast 
                water into waters of the United States after 
                operating beyond the exclusive economic zone 
                to--
                          [(i) carry out the exchange of 
                        ballast water of the vessel in waters 
                        beyond the exclusive economic zone;
                          [(ii) exchange the ballast water of 
                        the vessel in other waters where the 
                        exchange does not pose a threat of 
                        infestation or spread of nonindigenous 
                        species in waters of the United States, 
                        as recommended by the Task Force under 
                        section 1102(a)(1); or
                          [(iii) use environmentally sound 
                        alternative ballast water management 
                        methods, including modification of the 
                        vessel ballast water tanks and intake 
                        systems, if the Secretary determines 
                        that such alternative methods are at 
                        least as effective as ballast water 
                        exchange in preventing and controlling 
                        infestations of aquatic nuisance 
                        species;
                  [(E) direct vessels to carry out management 
                practices that the Secretary determines to be 
                necessary to reduce the probability of 
                unintentional nonindigenous species transfer 
                resulting from--
                          [(i) ship operations other than 
                        ballast water discharge; and
                          [(ii) ballasting practices of vessels 
                        that enter waters of the United States 
                        with no ballast water on board;
                  [(F) provide for the keeping of records that 
                shall be submitted to the Secretary, as 
                prescribed by the guidelines, and that shall be 
                maintained on board each vessel and made 
                available for inspection, upon request of the 
                Secretary and in a manner consistent with 
                subsection (i), in order to enable the 
                Secretary to determine compliance with the 
                guidelines, including--
                          [(i) with respect to each ballast 
                        water exchange referred to in clause 
                        (ii), reporting on the precise location 
                        and thoroughness of the exchange; and
                          [(ii) any other information that the 
                        Secretary considers necessary to assess 
                        the rate of effective compliance with 
                        the guidelines;
                  [(G) provide for sampling procedures to 
                monitor compliance with the guidelines;
                  [(H) take into consideration--
                          [(i) vessel types;
                          [(ii) variations in the 
                        characteristics of point of origin and 
                        receiving water bodies;
                          [(iii) variations in the ecological 
                        conditions of waters and coastal areas 
                        of the United States; and
                          [(iv) different operating conditions;
                  [(I) be based on the best scientific 
                information available;
                  [(J) not affect or supersede any requirements 
                or prohibitions pertaining to the discharge of 
                ballast water into waters of the United States 
                under the Federal Water Pollution Control Act 
                (33 U.S.C. 1251 et seq.); and
                  [(K) provide an exemption from ballast water 
                exchange requirements to passenger vessels with 
                operating ballast water systems that are 
                equipped with treatment systems designed to 
                kill aquatic organisms in ballast water, unless 
                the Secretary determines that such treatment 
                systems are less effective than ballast water 
                exchange at reducing the risk of transfers of 
                invasive species in the ballast water of 
                passenger vessels; and
                  [(L) not apply to crude oil tankers engaged 
                in the coastwise trade.
          [(3) Education and technical assistance programs.--
        Not later than 1 year after the date of enactment of 
        the National Invasive Species Act of 1996, the 
        Secretary shall carry out education and technical 
        assistance programs and other measures to encourage 
        compliance with the guidelines issued under this 
        subsection.
  [(d) Report to Congress.--Not sooner than 24 months after the 
date of issuance of guidelines pursuant to subsection (c) and 
not later than 30 months after such date, and after 
consultation with interested and affected persons, the 
Secretary shall prepare and submit to Congress a report 
containing the information required pursuant to paragraphs (1) 
and (2) of subsection (e).
  [(e) Periodic Review and Revision.--
          [(1) In general.--Not later than 3 years after the 
        date of issuance of guidelines pursuant to subsection 
        (c), and not less frequently than every 3 years 
        thereafter, the Secretary shall, in accordance with 
        criteria developed by the Task Force under paragraph 
        (3)--
                  [(A) assess the compliance by vessels with 
                the voluntary guidelines issued under 
                subsection (c) and the regulations promulgated 
                under this Act;
                  [(B) establish the rate of compliance that is 
                based on the assessment under subparagraph (A);
                  [(C) assess the effectiveness of the 
                voluntary guidelines and regulations referred 
                to in subparagraph (A) in reducing the 
                introduction and spread of aquatic nuisance 
                species by vessels; and
                  [(D) as necessary, on the basis of the best 
                scientific information available--
                          [(i) revise the guidelines and 
                        regulations referred to in subparagraph 
                        (A);
                          [(ii) promulgate additional 
                        regulations pursuant to subsection 
                        (f)(1); or
                          [(iii) carry out each of clauses (i) 
                        and (ii).
          [(2) Special review and revision.--Not later than 90 
        days after the Task Force makes a request to the 
        Secretary for a special review and revision for coastal 
        and inland waterways designated by the Task Force, the 
        Secretary shall--
                  [(A) conduct a special review of guidelines 
                and regulations applicable to those waterways 
                in accordance with the review procedures under 
                paragraph (1); and
                  [(B) as necessary, in the same manner as 
                provided under paragraph (1)(D)--
                          [(i) revise those guidelines;
                          [(ii) promulgate additional 
                        regulations pursuant to subsection 
                        (f)(1); or
                          [(iii) carry out each of clauses (i) 
                        and (ii).
          [(3) Criteria for effectiveness.--Not later than 18 
        months after the date of enactment of the National 
        Invasive Species Act of 1996, the Task Force shall 
        submit to the Secretary criteria for determining the 
        adequacy and effectiveness of the voluntary guidelines 
        issued under subsection (c).
  [(f) Authority of Secretary.--
          [(1) General regulations.--If, on the basis of a 
        periodic review conducted under subsection (e)(1) or a 
        special review conducted under subsection (e)(2), the 
        Secretary determines that--
                  [(A) the rate of effective compliance (as 
                determined by the Secretary) with the 
                guidelines issued pursuant to subsection (c) is 
                inadequate; or
                  [(B) the reporting by vessels pursuant to 
                those guidelines is not adequate for the 
                Secretary to assess the compliance with those 
                guidelines and provide a rate of compliance of 
                vessels, including the assessment of the rate 
                of compliance of vessels under subsection 
                (e)(2),
        the Secretary shall promptly promulgate regulations 
        that meet the requirements of paragraph (2).
          [(2) Requirements for regulations.--The regulations 
        promulgated by the Secretary under paragraph (1)--
                  [(A) shall--
                          [(i) not be promulgated sooner than 
                        180 days following the issuance of the 
                        report to Congress submitted pursuant 
                        to subsection (d);
                          [(ii) make mandatory the requirements 
                        included in the voluntary guidelines 
                        issued under subsection (c); and
                          [(iii) provide for the enforcement of 
                        the regulations; and
                  [(B) may be regional in scope.
          [(3) International regulations.--The Secretary shall 
        revise regulations promulgated under this subsection to 
        the extent required to make such regulations consistent 
        with the treatment of a particular matter in any 
        international agreement, agreed to by the United 
        States, governing management of the transfer of 
        nonindigenous aquatic species by vessel.
  [(g) Sanctions.--
          [(1) Civil penalties.--Any person who violates a 
        regulation promulgated under subsection (b) or (f) 
        shall be liable for a civil penalty in an amount not to 
        exceed $25,000. Each day of a continuing violation 
        constitutes a separate violation. A vessel operated in 
        violation of the regulations is liable in rem for any 
        civil penalty assessed under this subsection for that 
        violation.
          [(2) Criminal penalties.--Any person who knowingly 
        violates the regulations promulgated under subsection 
        (b) or (f) is guilty of a class C felony.
          [(3) Revocation of clearance.--Upon request of the 
        Secretary, the Secretary of the Treasury shall withhold 
        or revoke the clearance of a vessel required by section 
        4197 of the Revised Statutes (46 U.S.C. App. 91), if 
        the owner or operator of that vessel is in violation of 
        the regulations issued under subsection (b) or (f).
          [(4) Exception to sanctions.--This subsection does 
        not apply to a failure to exchange ballast water if--
                  [(A) the master of a vessel, acting in good 
                faith, decides that the exchange of ballast 
                water will threaten the safety or stability of 
                the vessel, its crew, or its passengers; and
                  [(B) the recordkeeping and reporting 
                requirements of the Act are complied with.
  [(h) Coordination With Other Agencies.--In carrying out the 
programs under this section, the Secretary is encouraged to 
use, to the maximum extent practicable, the expertise, 
facilities, members, or personnel of established agencies and 
organizations that have routine contact with vessels, including 
the Animal and Plant Health Inspection Service of the 
Department of Agriculture, the National Cargo Bureau, port 
administrations, and ship pilots' associations.
  [(i) Consultation With Canada, Mexico, and Other Foreign 
Governments.--In developing the guidelines issued and 
regulations promulgated under this section, the Secretary is 
encouraged to consult with the Government of Canada, the 
Government of Mexico, and any other government of a foreign 
country that the Secretary, in consultation with the Task 
Force, determines to be necessary to develop and implement an 
effective international program for preventing the 
unintentional introduction and spread of nonindigenous species.
  [(j) International Cooperation.--The Secretary, in 
cooperation with the International Maritime Organization of the 
United Nations and the Commission on Environmental Cooperation 
established pursuant to the North American Free Trade 
Agreement, is encouraged to enter into negotiations with the 
governments of foreign countries to develop and implement an 
effective international program for preventing the 
unintentional introduction and spread of nonindigenous species.
  [(k) Safety Exemption.--
          [(1) Master discretion.--The master of a vessel is 
        not required to conduct a ballast water exchange if the 
        master decides that the exchange would threaten the 
        safety or stability of the vessel, its crew, or its 
        passengers because of adverse weather, vessel 
        architectural design, equipment failure, or any other 
        extraordinary conditions.
          [(2) Other requirements.--
                  [(A) In general.--Except as provided in 
                subparagraph (B), a vessel that does not 
                exchange ballast water on the high seas under 
                paragraph (1) shall not be restricted from 
                discharging ballast water in any harbor.
                  [(B) Great Lakes.--Subparagraph (A) shall not 
                apply in a case in which a vessel is subject to 
                the regulations issued by the Secretary under 
                subsection (b).
          [(3) Crude oil tanker ballast facility study.--
                  [(A) Within 60 days of the date of enactment 
                of this Act, the Secretary of the department in 
                which the Coast Guard is operating, in 
                consultation with the Under Secretary of 
                Commerce for Oceans and Atmosphere, affected 
                shoreside ballast water facility operators, 
                affected crude oil tanker operators, and 
                interested parties, shall initiate a study of 
                the effectiveness of existing shoreside ballast 
                water facilities used by crude oil tankers in 
                the coastwise trade off Alaska in preventing 
                the introduction of nonindigenous aquatic 
                species into the waters off Alaska, as well as 
                the cost and feasibility of modifying such 
                facilities to improve such effectiveness.
                  [(B) The study required under subparagraph 
                (A) shall be submitted to the Congress by no 
                later than October 1, 1997.
  [(l) 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.]

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

  (a) Statement of Purpose; Vessels to Which This Section 
Applies.--
          (1) Purpose.--The purpose of this section is 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, and, in furtherance of 
        that purpose--
                  (A) to require, as part of that approach, 
                mandatory treatment technology, with the 
                ultimate goal of achieving zero discharge of 
                aquatic nuisance species;
                  (B) to create incentives for the development 
                of ballast water treatment technologies;
                  (C) 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
                  (D) 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;
                          (ii) using ballast water treatment 
                        technology that meets the performance 
                        standards of subsection (f); or
                          (iii) using alternative ballast water 
                        treatment technology, if the Secretary, 
                        in consultation with the Administrator, 
                        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, and will not have an 
                        adverse impact on the environment.
                  (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, Lake Ontario, 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 
                concurrence by the State whose state waters 
                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) In general.--A vessel may not discharge 
                ballast water or sediment containing aquatic 
                nuisance species within--
                          (i) a marine sanctuary designated 
                        under title III of the National Marine 
                        Sanctuaries Act (16 U.S.C. 1431 et. 
                        Seq.);
                          (ii) a national marine monument 
                        designated under the Antiquities Act of 
                        1906; or
                          (iii) an area designated by the 
                        Secretary in any other waters, after 
                        consultation with the Undersecretary 
                        and the Administrator and opportunity 
                        for public comment, that meet the 
                        criteria established pursuant to 
                        subparagraph (B) of this paragraph.
                  (B) Additional areas.--The Secretary shall, 
                after consultation with the Undersecretary, the 
                Administrator and other appropriate Federal and 
                State agencies, as determined by the Secretary, 
                and opportunity for public comment, establish 
                criteria for designating additional areas in 
                which, due to their sensitive ecological 
                nature, restrictions on the discharge of vessel 
                ballast water or sediment containing aquatic 
                nuisance species are warranted.
                  (C) State waters.--The governor of any State 
                may submit a written petition to the Secretary 
                to designate an area of State waters under 
                subparagraph (A)(iii) that meets the criteria 
                established under subparagraph (B) of this 
                paragraph. The petition shall include a 
                detailed analysis as to how the area proposed 
                to be designated meets those criteria. An area 
                may not be designated under this paragraph 
                until the Secretary determines, based on 
                evidence provided by the governor, that 
                adequate alternative areas or reception 
                facilities for discharging ballast water or 
                sediment are available. Within 180 days after 
                receiving such a petition, the Secretary 
                shall--
                          (i) make a determination as to 
                        whether the proposal meets the 
                        requirements of this paragraph for 
                        designation, and
                          (ii) either--
                                  (I) publish a written notice 
                                of the petition and the 
                                proposed restrictions in the 
                                Federal Register; or
                                  (II) notify the governor in 
                                writing that the area proposed 
                                for designation does not 
                                qualify for designation under 
                                this paragraph and include in 
                                the notice a detailed 
                                explanation of why the area 
                                does not qualify for 
                                designation under this 
                                paragraph.
                  (D) Procedure; deadline.--Before designating 
                any area under subparagraph (A)(iii), whether 
                on the Secretary's initiative or in response to 
                a petition under subparagraph (C), the 
                Secretary, after providing an opportunity for 
                public comment, shall publish notice in the 
                Federal Register of the proposed designation. 
                The Secretary and the Undersecretary shall make 
                such information available through other 
                appropriate mechanisms, including a notice to 
                mariners and inclusion on nautical charts. The 
                designation of an area by the Secretary under 
                subparagraph (A)(iii) may not take effect less 
                than 180 days after the publishing of such 
                notice.
                  (E) Effect on state law.--Nothing in this 
                paragraph supersedes any State law in effect as 
                of January 1, 2007, that restricts the 
                discharge of ballast water or sediment in State 
                waters and requires such discharges to be made 
                into reception facilities.
          (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.--
          (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, and of viruses, as may be 
                specified in regulations promulgated by the 
                Administrator, after consultation with the 
                Secretary and other appropriate Federal and 
                State agencies as determined by the 
                Administrator, 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 and other appropriate Federal and 
                State 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 all vessels to which this section applies on January 
        1, 2012. Based on the outcome of the feasibility review 
        conducted under paragraph (5), the Secretary may 
        require different classes of vessels to comply with 
        paragraph (1) on a different schedule, and shall 
        establish different classes of vessels for this purpose 
        through regulations under this section.
          (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 
                January 1, 2012, 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). 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 
                technology that complies with the standards set 
                forth in paragraph (1) in accordance with the 
                schedule set forth in paragraph (3), or as that 
                date may be extended under this paragraph, is 
                not available or cost-effective for any class 
                of vessels, the Secretary shall require use of 
                cost-effective technology that achieves the 
                performance levels 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 is 
                available 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 
                        paragraph 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 
                        paragraph (1) of 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 
                        paragraph (1) of 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 Federal and State agencies 
                as determined by the Administrator, if the 
                standards under this subsection should be 
                revised to reduce the amount of organisms, 
                microbes, or viruses 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 
        shortest of--
                  (A) the 10-year period beginning on the date 
                of initial use of technology required by 
                paragraph (1);
                  (B) and the 5-year period beginning on the 
                date of initial use of technology that, at a 
                minimum, meets International Maritime 
                Organization standards; or
                  (C) 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 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, or 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. The Secretary shall 
                update the list after any calendar quarter in 
                which new vessels are identified by States 
                under the preceding sentence.
                  (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 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.
          (10) Exception for vessels operating exclusively in 
        determined area.--
                  (A) In general.--Paragraph (1) and subsection 
                (h)(1) do not apply to a vessel that operates 
                exclusively within a geographically limited 
                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 or sediment, that 
                the risk of introducing and spreading aquatic 
                nuisance species through ballast water or 
                sediment 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 under 
                subparagraph (A) to follow, best practices, 
                developed in consultation with the Governors or 
                States that may be affected, to minimize the 
                spreading of aquatic nuisance species or 
                infectious diseases in its operating area.
          (11) Testing protocols and laboratories.--
                  (A) In general.--The Secretary, in 
                consultation with the Administrator, shall, no 
                later than 90 days after the date of enactment 
                of the Ballast Water Management Act of 2007 and 
                without regard to chapter 5 of title 5, United 
                States Code, issue interim protocols for 
                verifying the performance of ballast water 
                treatment technologies required by this Act, 
                criteria for certifying laboratories to 
                evaluate such technologies, and procedures for 
                approving treatment equipment and systems for 
                shipboard use.
                  (B) Protocols and procedures for treatment 
                technologies.--In developing protocols and 
                procedures for verifying and approving 
                treatment technologies, the Secretary, in 
                consultation with the Administrator, shall 
                consider using existing protocols and 
                procedures including methods used as part of 
                the Ballast Water Management Demonstration 
                Program by the Environmental Protection Agency 
                as a part of its Environmental Testing & 
                Verification Program, or by the Secretary as 
                part of the Coast Guard's Shipboard Technology 
                Evaluation Program.
                  (C) Laboratories.--The Secretary shall 
                utilize Federal or non-Federal laboratories 
                that meet standards established by the 
                Secretary for the purpose of evaluating and 
                certifying ballast water treatment technologies 
                and equipment under this subsection.
                  (D) Requirements; updates.--The Secretary, in 
                consultation with the Administrator, shall 
                periodically review and, if necessary, revise 
                the criteria, protocols, and procedures 
                developed under this paragraph.
  (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;
                  (B) if possible, the location of alternative 
                areas for the uptake of ballast water; and
                  (C) the length of time that such warning 
                shall remain in place.
  (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, 2011, 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, 2012, shall be modified 
                before January 1, 2012, to the extent 
                practicable, to achieve the objectives 
                described in clauses (i), (ii), and (iii) of 
                subparagraph (A).
                  (C) Regulations.--The Secretary shall 
                promulgate regulations establishing design and 
                construction standards to achieve the 
                objectives of subparagraph (A) and providing 
                guidance for modifications and practices under 
                subparagraph (B). The Secretary shall 
                incorporate the standards and guidance in the 
                regulations governing the ballast water 
                management plan.
          (3) Sediment reception facilities.--
                  (A) Standards.--The Administrator, in 
                consultation with other appropriate Federal 
                agencies as determined by the Administrator, 
                shall promulgate regulations governing 
                facilities for the reception of vessel sediment 
                from spaces designed to carry ballast water 
                that provide for the disposal of such sediment 
                in a way that does not impair or damage the 
                environment, human health, or property or 
                resources of the disposal area.
                  (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.
          (8) Report.--Beginning 1 year after final regulations 
        have been adopted pursuant to this section after its 
        amendment by the Ballast Water Management Act of 2007 
        and annually thereafter, the Secretary shall prepare a 
        report summarizing the results of ballast water 
        inspection and enforcement activities. The report 
        shall, at a minimum, include information on the number 
        of vessels inspected and the type of inspections, the 
        status of implementation of treatment technologies, the 
        number of exemptions claimed from ballast water 
        exchange requirements, the number of violations, a 
        summary of enforcement and regulatory actions, and 
        overall compliance statistics. The report shall be made 
        available on the National Ballast Information 
        Clearinghouse established under section 1102(f).
  (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 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)(2), 
        (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 Oceanic and Atmospheric 
Administration, the Environmental Protection Agency, and the 
United States Fish and Wildlife Service for the Federal Ballast 
Water Demonstration Project, the Secretary shall provide 
support, including grants, for research and development of 
innovative technologies for the management, treatment, and 
disposal of ballast water and sediment, for finalizing the 
validation testing of the verification protocol of the 
Environmental Technology Verification Program, 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 2008 through 2012 to carry out this subsection.
  (q) Consultation With Task Force.--The Secretary shall 
consult with the Task Force in carrying out this section.
  (r) Evaluation of Vessel Discharges.--
          (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 
        an evaluation of vessel discharges other than aquatic 
        nuisance species, incidental to the normal operation of 
        a vessel as defined in section 312(a)(12)(A) of the 
        Clean Water Act (33 U.S.C. 1322(a)(12)(A)) 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 evaluation 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 evaluation to be published in the Federal 
        Register for public comment, and shall develop a final 
        evaluation 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) Federal government vessels.--The strategy 
                shall include requirements to ensure the 
                consistent application of best practices to all 
                vessels owned or operated by any Federal agency 
                or department and shall preempt any other 
                requirement of Federal, State, or local law 
                with respect to such vessel-borne vectors for 
                those vessels.
          (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) Rapid Response Plan.--
          (1) Preparation.--The President shall prepare and 
        publish a national rapid response plan for killing, 
        removing, or minimizing the spread of aquatic nuisance 
        species in the waters of the United States in 
        accordance with this section.
          (2) Contents.--The national rapid response plan shall 
        provide for efficient, coordinated, and effective 
        action to minimize damage from aquatic nuisance species 
        in the navigable waters of the United States, including 
        killing, containing, and removal of the aquatic 
        nuisance species, and shall include the following:
                  (A) Assignment of duties and responsibilities 
                among Federal departments and agencies in 
                coordination with State and local agencies and 
                port authorities and private entities.
                  (B) Identification, procurement, maintenance, 
                and storage of equipment and supplies needed to 
                facilitate the killing, containment, and 
                removal of aquatic nuisance species under this 
                section.
                  (C) Establishment or designation of Federal 
                aquatic nuisance species response teams, 
                consisting of--
                          (i) trained personnel who shall be 
                        available to provide necessary services 
                        to carry out the national rapid 
                        response plan;
                          (ii) adequate equipment and material 
                        needed to facilitate the killing, 
                        containment, and removal of aquatic 
                        nuisance species under this section; 
                        and
                          (iii) a detailed plans to kill, 
                        contain, and remove aquatic nuisance 
                        species, including measures to protect 
                        fisheries and wildlife.
                  (D) A system of surveillance and notice 
                designed to safeguard against, as well as 
                ensure earliest possible notice of, the 
                introduction of aquatic nuisance species and 
                imminent threats of such introduction to the 
                appropriate State and Federal agencies.
                  (E) Establishment of a national center to 
                provide coordination and direction for 
                operations in carrying out the plan.
                  (F) Procedures and techniques to be employed 
                in identifying, containing, killing, and 
                removing aquatic nuisance species in the waters 
                of the United States.
                  (G) A schedule identifying--
                          (i) mitigating devices and 
                        substances, if any, that may be used in 
                        carrying out the plan;
                          (ii) the waters in which such 
                        mitigating devices and substances may 
                        be used; and
                          (iii) the quantities of such 
                        mitigating device or substance which 
                        can be used safely in such waters.
                  (H) A system whereby the State or States 
                affected by an aquatic nuisance species may act 
                where necessary to remove such species.
                  (I) Establishment of criteria and procedures 
                to ensure immediate and effective Federal 
                identification of, and response to, an 
                introduction of aquatic nuisance species.
                  (J) Designation of the Federal official who 
                shall be the Federal on-scene coordinator for 
                measures taken to kill, contain, and remove 
                aquatic nuisance species under this section.
                  (K) A fish and wildlife response plan for the 
                immediate and effective protection, rescue, and 
                rehabilitation of, and the minimization of risk 
                of damage to, fish and wildlife resources and 
                their habitat that are harmed or that may be 
                jeopardized by an introduction of an aquatic 
                nuisance species.
          (3) Federal removal authority.--
                  (A) Removal requirement.--
                          (i) In general.--The President shall 
                        ensure, in accordance with the national 
                        rapid response plan, effective and 
                        immediate killing, containing, and 
                        removal of the aquatic nuisance species 
                        in the waters of the United States.
                          (ii) Discretionary authority.--Under 
                        the authority provided by clause (i), 
                        an aquatic nuisance species may be--
                                  (I) killed, contained, or 
                                removed at any time; and
                                  (II) all Federal, State, and 
                                private actions to kill, 
                                contain, and remove the aquatic 
                                nuisance species may be 
                                directed or monitored.
                  (B) Actions in accordance with national rapid 
                response plan.--Each Federal agency, State, 
                owner or operator, or other person 
                participating in efforts under this subsection 
                shall act in accordance with the national rapid 
                response plan or as directed to carry out the 
                plan.
  (u) 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.
          (3) Right of action.--
                  (A) In general.--Except as provided in 
                subparagraph (B) of this paragraph, the 
                governor of any State which is, or can be, 
                adversely affected by any act or duty under 
                this section which is not discretionary, may 
                bring an action on behalf of that State--
                          (i) against the Secretary where there 
                        is alleged a failure of the Secretary 
                        to perform an act or duty under this 
                        Act which is not discretionary; and
                          (ii) against the Administrator where 
                        there is alleged a failure of the 
                        Administrator to perform an act or duty 
                        under this Act which is not 
                        discretionary.
                  (B) Conditions.--An action may not be 
                commenced under subparagraph (A) of this 
                paragraph prior to 60 days after the plaintiff 
                has given notice, in writing and under oath, to 
                the Secretary or Administrator, as appropriate.
                  (C) Venue.--An action brought under this 
                subsection shall be brought in the United 
                States district court for the District of 
                Columbia.
  (v) State Cooperative Agreements.--The Secretary may enter 
into a cooperative management agreement with the governor of a 
State to implement provisions of this section within State 
waters. The agreement may include arrangements for cooperative 
enforcement, inspection, research, and other provisions 
included in this Act. The Secretary may provide grants to 
States to implement the agreements.
  (w) Savings Clause.--
          (1) In general.--Nothing in this section shall 
        preempt any State or local law related to aquatic 
        nuisance species from vessel ballast water or sediment 
        or other vessel-related vectors that--
                  (A) does not require exchange or treatment 
                requirements substantively different from those 
                required under subsections (e) and (f); and
                  (B) does not conflict with the requirements 
                of this section; and
                  (C) does not pose an undue burden on 
                interstate commerce.
          (2) Reception facilities.--The standards prescribed 
        by the Administrator 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 aquatic nuisance species through the 
        control and management of vessel ballast water or 
        sediment or other vessel-related vectors.

           *       *       *       *       *       *       *


[SEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS.

                            [19 U.S.C. 4713]

  [(a) Department of Defense Vessels.--Subject to operational 
conditions, the Secretary of Defense, in consultation with the 
Secretary, the Task Force, and the International Maritime 
Organization, shall implement a ballast water management 
program for seagoing vessels of the Department of Defense to 
minimize the risk of introduction of nonindigenous species from 
releases of ballast water.
  [(b) Coast Guard Vessels.--Subject to operational conditions, 
the Secretary, in consultation with the Task Force and the 
International Maritime Organization, shall implement a ballast 
water management program for seagoing vessels of the Coast 
Guard to minimize the risk of introduction of nonindigenous 
species from releases of ballast water.]

           *       *       *       *       *       *       *


SEC. 1301. AUTHORIZATIONS.

                            [19 U.S.C. 4741]

  (a) Prevention of Unintentional Introductions.--There are 
authorized to be appropriated to develop and implement the 
provisions of subtitle B--
          (1) $500,000 until the end of fiscal year 1992 to the 
        Secretary to carry out sections 1101 and 1102(a)(3);
          (2) $2,000,000 until the end of fiscal year 1992 to 
        the Director and Under Secretary to carry out the 
        studies under sections 1102(a)(1) and 1102(a)(2);
          (3) to the Secretary to carry out section 1101--
                  (A) $2,000,000 for each of fiscal years 1997 
                and 1998; and
                  (B) $3,000,000 for each of fiscal years 1999 
                through 2002;
          (4) for each of fiscal years 1997 through 2002, to 
        carry out paragraphs (1) and (2) of section 1102(b)--
                  (A) $1,000,000 to the Department of the 
                Interior, to be used by the Director; and
                  (B) $1,000,000 to the Secretary; [and]
          (5) for each of fiscal years 1997 through 2002--
                  (A) $3,000,000, which shall be made available 
                from funds otherwise authorized to be 
                appropriated if such funds are so authorized, 
                to the Under Secretary to carry out section 
                1102(e); and
                  (B) $500,000 to the Secretary to carry out 
                section [1102(f).] 1102(f); and
          (6) $50,000,000 for each of fiscal years 2008 through 
        2012 to the Secretary to carry out section 1101, of 
        which up to $10,000,000 shall be made available to 
        States under subsection (v).
  (b) Task Force and Aquatic Nuisance Species Program.--There 
are authorized to be appropriated for each of fiscal years 1997 
through 2002 to develop and implement the provisions of 
subtitle C--
          (1) $6,000,000 to the Department of the Interior, to 
        be used by the Director to carry out sections 1202 and 
        1209;
          (2) $1,000,000 to the Department of Commerce, to be 
        used by the Under Secretary to carry out section 1202;
          (3) $1,625,000, which shall be made available from 
        funds otherwise authorized to be appropriated if such 
        funds are so authorized, to fund aquatic nuisance 
        species prevention and control research under section 
        1202(i) at the Great Lakes Environmental Research 
        Laboratory of the National Oceanic and Atmospheric 
        Administration, of which $500,000 shall be made 
        available for grants, to be competitively awarded and 
        subject to peer review, for research relating to Lake 
        Champlain;
          (4) $5,000,000 for competitive grants for university 
        research on aquatic nuisance species under section 
        1202(f)(3) as follows:
                  (A) $2,800,000, which shall be made available 
                from funds otherwise authorized to be 
                appropriated if such funds are so authorized, 
                to fund grants under section 205 of the 
                National Sea Grant College Program Act (33 
                U.S.C. 1124);
                  (B) $1,200,000 to fund grants to colleges for 
                the benefit of agriculture and the mechanic 
                arts referred to in the first section of the 
                Act of August 30, 1890 (26 Stat. 417, chapter 
                841; 7 U.S.C. 322); and
                  (C) $1,000,000 to fund grants through the 
                Cooperative Fisheries and Wildlife Research 
                Unit Program of the United States Fish and 
                Wildlife Service;
          (5) $3,000,000 to the Department of the Army, to be 
        used by the Assistant Secretary to carry out section 
        1202(i)(1)(B); and
          (6) $300,000 to the Department of the Interior, to be 
        used by the Director to fund regional panels and 
        similar entities under section 1203, of which $100,000 
        shall be used to fund activities of the Great Lakes 
        Commission.
  (c) Grants for State Management Programs.--There are 
authorized to be appropriated for each of fiscal years 1997 
through 2002 $4,000,000 to the Department of the Interior, to 
be used by the Director for making grants under section 1204, 
of which $1,500,000 shall be used by the Director, in 
consultation with the Assistant Secretary, for management of 
aquatic nuisance vegetation species.
  (d) Intentional Introductions Policy Review.--There are 
authorized to be appropriated for fiscal year 1991, $500,000 to 
the Director and the Under Secretary to conduct the intentional 
introduction policy review under section 1207.
  (e) Ballast Water Management Demonstration Program.--There 
are authorized to be appropriated $2,500,000 to carry out 
section 1104.
  (f) Research.--There are authorized to be appropriated to the 
Director $1,000,000 to carry out research on the prevention, 
monitoring, and control of aquatic nuisance species in 
Narragansett Bay, Rhode Island. The funds shall be made 
available for use by the Department of Environmental Management 
of the State of Rhode Island.

                                  
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