S.Amdt. 1483

SA 1483. Mr. WICKER submitted an amendment intended to be proposed to
amendment SA 1116 proposed by Mr. Enzi to the concurrent resolution H.
Con. Res. 71, establishing the congressional budget for the United
States Government for fiscal year 2018 and setting forth the
appropriate budgetary levels for fiscal years 2019 through 2027; which
was ordered to lie on the table; as follows:

At the end, add the following:

TITLE V--VESSEL INCIDENTAL DISCHARGE ACT

SEC. 5001. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This title may be cited as the ``Vessel
Incidental Discharge Act''.
(b) Table of Contents.--The table of contents for this
title is as follows:

TITLE V--VESSEL INCIDENTAL DISCHARGE ACT

Sec. 5001. Short title; table of contents.
Sec. 5002. Definitions.
Sec. 5003. Treatment of existing ballast water regulations.
Sec. 5004. Ballast water discharge requirements.
Sec. 5005. Approval of ballast water management systems.
Sec. 5006. Review and raising of ballast water discharge standard.
Sec. 5007. National Ballast Information Clearinghouse.
Sec. 5008. Requirements for discharges incidental to the normal
operation of a commercial vessel.
Sec. 5009. Best management practices for Great Lakes vessels.
Sec. 5010. Judicial review.
Sec. 5011. State enforcement.
Sec. 5012. Effect on other laws.
Sec. 5013. Quagga mussel.
Sec. 5014. Coastal aquatic invasive species mitigation grant program
and mitigation fund.
Sec. 5015. Rules of construction.

SEC. 5002. DEFINITIONS.

In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Aquatic nuisance species.--The term ``aquatic nuisance
species'' means a nonindigenous species (including a
pathogen, microbe, or virus) that threatens the diversity or
abundance of native species or the ecological stability of
waters of the United States, or commercial, agricultural,
aquacultural, or recreational activities dependent on such
waters.
(3) Ballast water.--
(A) In general.--The term ``ballast water'' means any water
and suspended matter taken on board a commercial vessel--
(i) to control or maintain trim, draught, stability, or
stresses of the commercial vessel, regardless of how such
water and matter is carried; or
(ii) during the cleaning, maintenance, or other operation
of a ballast tank or ballast water management system of the
commercial vessel.
(B) Exclusions.--The term ``ballast water'' does not
include any substance that is added to water described in
subparagraph (A) that is directly related to the operation of
a properly functioning ballast water management system.
(4) Ballast water discharge standard.--The term ``ballast
water discharge standard'' means--
(A) the numerical ballast water discharge standard set
forth in section 151.2030 of title 33, Code of Federal
Regulations, or section 151.1511 of such title (as in effect
on the date of the enactment of this Act); or
(B) if the standard described in subparagraph (A) has been
revised under section 5006, such revised standard.
(5) Ballast water management system.--The term ``ballast
water management system'' means any system, including all
ballast water treatment equipment and all associated control
and monitoring equipment, that processes ballast water--
(A) to kill, render nonviable, or remove organisms; or
(B) to avoid the uptake or discharge of organisms.
(6) Best available technology economically achievable.--The
term ``best available technology economically achievable''
has the meaning given that term in sections 301(b)(2)(A) and
304(b)(2)(B) of the Federal Water Pollution Control Act (33
U.S.C. 1311(b)(2)(A) and 1314(b)(2)(B)) as such term applies
to a mobile point source.
(7) Biocide.--The term ``biocide'' means a substance or
organism that is introduced into or produced by a ballast
water management system to kill or eliminate aquatic nuisance
species as part of the process used to comply with a ballast
water discharge standard.
(8) Captain of the port zone.--The term ``Captain of the
Port Zone'' means a Captain of the Port Zone established by
Secretary pursuant to sections 92, 93, and 633 of title 14,
United States Code.
(9) Commercial vessel.--
(A) In general.--The term ``commercial vessel'' means a
vessel (as defined in section 3 of title 1, United States
Code) that is engaged in commercial service (as defined in
section 2101(5) of title 46, United States Code).
(B) Exclusion.--The term ``commercial vessel'' does not
include a recreational vessel.
(10) Discharge incidental to the normal operation of a
commercial vessel.--
(A) In general.--The term ``discharge incidental to the
normal operation of a commercial vessel'' means--
(i) a discharge into navigable waters of the United States
from a commercial vessel of--

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

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

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

(ii) any emission of an air pollutant resulting from the
operation onboard a commercial vessel of a commercial vessel
propulsion system, motor driven equipment, or incinerator;
(iii) any discharge into navigable waters of the United
States from a commercial vessel when the commercial vessel is
operating in a capacity other than as a means of
transportation on water; or
(iv) any discharge that results from an activity other than
the normal operation of a commercial vessel.
(11) Empty ballast tank.--The term ``empty ballast tank''
means a tank--
(A) intended to hold ballast water that has been drained to
the limit of the functional or operational capabilities of
such tank, such as loss of suction, and otherwise recorded as
empty on a vessel log; and
(B) that contains unpumpable residual ballast water and
sediments.
(12) Exchange.--The term ``exchange'' means, with respect
to ballast water, to replace the water in a ballast water
tank using one of the following methods:
(A) Flow-through exchange, in which ballast water is
flushed out by pumping in mid-ocean water at the bottom of
the tank and continuously overflowing the tank from the top
until three full volumes of water has been changed to
minimize the number of original organisms remaining in the
tank.
(B) Empty and refill exchange, in which ballast water taken
on in ports, estuarine waters, or territorial waters is
pumped out until the pump loses suction, after which the

[[Page S6675]]

ballast tank is refilled with mid-ocean water.
(13) General permit.--The term ``General Permit'' means the
Final National Pollutant Discharge Elimination System Vessel
General Permit for Discharges Incidental to the Normal
Operation of a Vessel noticed in the Federal Register on
April 12, 2013 (78 Fed. Reg. 21938).
(14) Great lakes states.--The term ``Great Lakes States''
means Illinois, Indiana, Michigan, Minnesota, New York, Ohio,
Pennsylvania, and Wisconsin.
(15) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
(16) Major conversion.--The term ``major conversion'' has
the meaning given that term in section 2101(14a) of title 46,
United States Code.
(17) Marine pollution control device.--The term ``marine
pollution control device'' means any equipment for
installation or use on board a commercial vessel that is--
(A) designed to receive, retain, treat, control, or
discharge a discharge incidental to the normal operation of a
commercial vessel; and
(B) determined by the Secretary, in consultation with the
Administrator, to be the most effective equipment or
management practice to reduce the environmental impact of the
discharge consistent with the considerations set forth in
section 5008(a)(2).
(18) Mid-ocean water.--The term ``mid-ocean water'' means
water greater than 200 nautical miles from any shore.
(19) Navigable waters of the united states.--The term
``navigable waters of the United States'' has the meaning
given that term in section 2101(17a) of title 46, United
States Code.
(20) Organism.--The term ``organism'' means any organism
and includes pathogens, microbes, viruses, bacteria, and
fungi.
(21) Owner or operator.--The term ``owner or operator''
means a person owning, operating, or chartering by demise a
commercial vessel.
(22) Pacific coast region.--The term ``Pacific Coast
Region'' means Federal and State waters adjacent to Alaska,
Washington, Oregon, or California extending from shore and
including the entire exclusive economic zone (as defined in
section 1001(8) of the Oil Pollution Act of 1990 (33 U.S.C.
2701(8)) adjacent to each such State.
(23) Pollutant.--The term ``pollutant'' has the meaning
given that term in section 502(6) of the Federal Water
Pollution Control Act (33 U.S.C. 1362(6)).
(24) Port or place of destination.--The term ``port or
place of destination'' means any port or place to which a
vessel is bound to anchor or moor.
(25) Recreational vessel.--The term ``recreational vessel''
has the meaning given that term in section 2101(25) of title
46, United States Code.
(26) Render nonviable.--The term ``render nonviable''
means, with respect to organisms in ballast water, the action
of a ballast water management system that leaves such
organisms permanently incapable of reproduction following
treatment.
(27) Saltwater flush.--The term ``saltwater flush''--
(A) means--
(i) the addition of as much mid-ocean water into each empty
ballast tank of a commercial vessel as is safe for such
vessel and crew and the mixing of the flushwater with
residual water and sediment through the motion of such
vessel; and
(ii) the discharge of the mixed water, such that the
resultant residual water remaining in the tank has the
highest salinity possible, and is at least 30 parts per
thousand; and
(B) may require more than one fill-mix-empty sequence,
particularly if only small amounts of water can be safely
taken onboard the commercial vessel at one time.
(28) Secretary.--Except as otherwise specified, the term
``Secretary'' means the Secretary of the department in which
the Coast Guard is operating.

SEC. 5003. TREATMENT OF EXISTING BALLAST WATER REGULATIONS.

(a) Effect on Existing Regulations.--Any regulation issued
pursuant to the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4701 et seq.) that is in
effect on the day before the date of the enactment of this
Act, and that relates to a matter subject to regulation under
this title, shall remain in full force and effect unless or
until superseded by a new regulation issued under this title
relating to such matter.
(b) Application of Other Regulations.--
(1) In general.--The regulations issued pursuant to the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4701 et seq.) relating to sanctions for
violating a regulation under that Act shall apply to
violations of a regulation issued under this title.
(2) Penalties.--The penalties for violations described in
paragraph (1) shall increase consistent with inflation.

SEC. 5004. BALLAST WATER DISCHARGE REQUIREMENTS.

(a) In General.--
(1) Requirements.--Except as provided in paragraph (7), and
subject to sections 151.2035 and 151.2036 of title 33, Code
of Federal Regulations (as in effect on the date of the
enactment of this Act), an owner or operator may discharge
ballast water into navigable waters of the United States from
a commercial vessel covered under subsection (b) only if--
(A) by applying the best available technology economically
achievable, the discharge meets the ballast water discharge
standard; and
(B) the owner or operator discharges the ballast water in
accordance with other requirements established by the
Secretary.
(2) Commercial vessels entering the great lakes system.--If
a commercial vessel enters the Great Lakes through the mouth
of the Saint Lawrence River, the owner or operator shall--
(A) comply with the applicable requirements of--
(i) paragraph (1);
(ii) subpart C of part 151 of title 33, Code of Federal
Regulations (or similar successor regulations); and
(iii) section 401.30 of such title (or similar successor
regulations); and
(B) after operating--
(i) outside the exclusive economic zone of the United
States or Canada, conduct a complete ballast water exchange
in an area that is 200 nautical miles or more from any shore
before the owner or operator may discharge ballast water
while operating in the Saint Lawrence River or the Great
Lakes, subject to any requirements the Secretary determines
necessary with regard to such exchange or any ballast water
management system that is to be used in conjunction with such
exchange, to ensure that any discharge of ballast water
complies with the requirements under paragraph (1); or
(ii) exclusively within the territorial waters or exclusive
economic zone of the United States or Canada, conduct a
complete ballast water exchange outside the St. Lawrence
River and the Great Lakes in an area that is 50 nautical
miles or more from any shore before the owner or operator may
discharge ballast water while operating in the Saint Lawrence
River or the Great Lakes, subject to any requirements the
Secretary determines necessary with regard to such exchange
or any ballast water management system that is to be used in
conjunction with such exchange, to ensure that any discharge
of ballast water complies with the requirements under
paragraph (1).
(3) Commercial vessels operating within the pacific coast
region.--
(A) In general.--Except as provided in subparagraph (C) and
paragraph (6), the owner or operator of a commercial vessel
described in subparagraph (B) shall conduct a complete
ballast water exchange in waters more than 50 nautical miles
from shore.
(B) Commercial vessel described.--A commercial vessel
described in this subparagraph is a commercial vessel--
(i) operating between two ports or places of destination
within the Pacific Coast Region; or
(ii) operating between a port or place of destination
within the Pacific Coast Region and a port or place of
destination on the Pacific Coast of Canada or Mexico north of
20 degrees north latitude, inclusive of the Gulf of
California.
(C) Exemptions.--Subparagraph (A) shall not apply to the
following:
(i) A commercial vessel voyaging between or to a port or
place of destination in the State of Washington, if the
ballast water to be discharged from such vessel originated
solely from waters located between the parallel 43 degrees,
32 minutes north latitude, including the internal waters of
the Columbia River, and the internal waters of Canada south
of parallel 50 degrees north latitude, including the waters
of the Strait of Georgia and the Strait of Juan de Fuca.
(ii) A commercial vessel voyaging between ports or places
of destination in the States of Washington and Oregon if the
ballast water to be discharged from such vessel originated
solely from waters located between the parallel 40 degrees
north latitude and the parallel 50 degrees north latitude.
(iii) A commercial vessel voyaging between ports or places
of destination in the State of California within the San
Francisco Bay area east of the Golden Gate Bridge, including
the Port of Stockton and the Port of Sacramento, if any
ballast water to be discharged from such vessel originated
solely from ports or places within such area.
(iv) A commercial vessel voyaging between the Port of Los
Angeles, the Port of Long Beach, and the El Segundo offshore
marine oil terminal if any ballast water to be discharged
from such vessel originated solely from the Port of Los
Angeles, the Port of Long Beach, or the El Segundo offshore
marine oil terminal.
(v) A commercial vessel voyaging between a port or place in
the State of Alaska within a single Captain of the Port Zone.
(4) Empty ballast tanks.--
(A) Requirements.--Except as provided in subparagraph (B)
and paragraph (6), the owner or operator of a commercial
vessel with empty ballast tanks shall conduct a saltwater
flush--
(i) at least 200 nautical miles from any shore for voyages
originating outside the United States or Canadian exclusive
economic zone; or
(ii) at least 50 nautical miles from any shore for voyages
within the Pacific Coast Region.
(B) Exception.--The requirements of subparagraph (A) shall
not apply--

[[Page S6676]]

(i) if a ballast tank's unpumpable residual waters and
sediments were subject to a saltwater flush, ballast water
exchange, or treatment through a ballast water management
system; or
(ii) unless otherwise required under this title, if the
ballast tank's unpumpable residual waters and sediments were
sourced within the same port or place of destination, or
Captain of the Port Zone.
(5) Low salinity ballast water.--
(A) In general.--Except as provided in subparagraph (B) and
paragraph (6), owners or operators of commercial vessels that
voyage to a Pacific Coast Region port or place of destination
that has a measured salinity of less than 18 parts per
thousand shall conduct a complete ballast water exchange--
(i) more than 50 nautical miles from shore if the ballast
water was sourced from a Pacific Coast Region port or place
of destination; or
(ii) more than 200 nautical miles from shore if the ballast
water was not sourced from a Pacific Coast Region port or
place of destination.
(B) Exception.--The requirements of subparagraph (A) shall
not apply to a commercial vessel that has a ballast water
management system approved for treating freshwater at
concentrations prescribed in section 5006(a)(1)(A) or that
retains all of its ballast water.
(6) Exempted vessels.--The requirements of paragraphs (3),
(4), and (5) shall not apply to a commercial vessel if--
(A) complying with such requirements would compromise the
safety of the commercial vessel;
(B) design limitations of the commercial vessel prevent
ballast water exchange or saltwater flush from being
conducted;
(C) the commercial vessel uses a method of ballast water
management approved by the Coast Guard under section 5005 of
this title or subpart 162.060 of title 46, Code of Federal
Regulations (or similar successor regulation);
(D) the commercial vessel is certified by the Secretary as
having no residual ballast water or sediments on board or
retains all its ballast water while in waters subject to such
requirements; or
(E) empty ballast tanks on the commercial vessel are sealed
and certified by the Secretary so there is no discharge or
uptake and subsequent discharge of ballast waters subject to
such requirements.
(7) Safety exemption.--Notwithstanding paragraphs (1)
through (6), an owner or operator of a commercial vessel may
discharge ballast water into navigable waters of the United
States from a commercial vessel if--
(A) the ballast water is discharged solely to ensure the
safety of life at sea;
(B) the ballast water is discharged accidentally as the
result of damage to the commercial vessel or its equipment
and--
(i) all reasonable precautions to prevent or minimize the
discharge have been taken; and
(ii) the owner or operator did not willfully or recklessly
cause such damage; or
(C) the ballast water is discharged solely for the purpose
of avoiding or minimizing a discharge from the commercial
vessel of a pollutant that would violate a Federal or State
law.
(8) Logbook requirements.--Section 11301(b) of title 46,
United States Code, is amended by adding at the end the
following new paragraph:
``(13) when the commercial vessel does not carry out
ballast water management requirements as applicable and
pursuant to regulations promulgated and issued by the
Secretary, including when a vessel fails to carry out ballast
water management requirements due to an allowed safety
exemption, a statement about the failure to comply and the
circumstances under which the failure occurred, made
immediately after when practicable to do so.''.
(9) Limitation of requirements.--In establishing
requirements under this subsection, the Secretary may not
require the installation of a ballast water management system
on a commercial vessel that--
(A) carries all of its ballast water in sealed tanks that--
(i) are not subject to discharge;
(ii) have been certified by the Secretary; and
(iii) have been noted in the commercial vessel logbook; or
(B) discharges ballast water solely into a reception
facility described in subsection (d).
(b) Applicability.--
(1) Covered vessels.--Except as provided in paragraphs (2)
and (3), subsection (a) shall apply to any commercial vessel
that is designed, constructed, or adapted to carry ballast
water while such commercial vessel is operating in navigable
waters of the United States.
(2) Exempted vessels.--Subsection (a) shall not apply to a
commercial vessel--
(A) that continuously takes on and discharges ballast water
in a flow-through system, if such system does not introduce
aquatic nuisance species into navigable waters of the United
States, as determined by the Secretary;
(B) in the National Defense Reserve Fleet that is scheduled
for disposal, if the vessel does not have ballast water
management systems or the ballast water management systems of
the vessel are inoperable;
(C) that discharges ballast water consisting solely of
water taken aboard from a public or commercial source that,
at the time the water is taken aboard, meets the applicable
regulations or permit requirements for such source under the
Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(D) in an alternative compliance program established
pursuant to subsection (c);
(E) that carries all of its permanent ballast water in
sealed tanks that are not subject to discharge; or
(F) uses other liquid or material as ballast and does not
discharge ballast overboard.
(3) Exemption for great lakes and saint lawrence river.--
(A) In general.--Subject to subparagraphs (B) through (F),
subsection (a) shall not apply to a commercial vessel that
operates exclusively within the Great Lakes and Saint
Lawrence River and is not required to comply with the ballast
water discharge standard on the day before the date of the
enactment of this Act.
(B) Termination of exemption.--The Secretary shall
terminate the exemption for a class of commercial vessels
described in subparagraph (A) if the Secretary--
(i) based on testing using water from the Great Lakes,
approves a ballast water management system for such class of
vessels under section 5005 of this title or subpart 162.060
of title 46, Code of Federal Regulations (or similar
successor regulation);
(ii) determines that such ballast water management system
meets the practicability criteria described in section
5006(b)(2) with respect to such class of vessels complying
with the ballast water discharge standard;
(iii) determines that requiring such class of vessels to
comply with the ballast water discharge standard is
operationally practicable for such class of vessels; and
(iv) in consultation with the Administrator, determines
that the most probable environmental benefits, as described
in subparagraph (E), resulting from a requirement that such
class of vessels comply with the ballast water discharge
standard exceed the most probable economic costs, as
described in subparagraph (F), resulting from such
compliance.
(C) Timing of determinations.--
(i) In general.--Not later than one year after the approval
and determinations described in clauses (i), (ii), and (iii)
of subparagraph (B) are made, the Secretary, in consultation
with the Administrator, shall determine whether the benefits
described in clause (iv) of such subparagraph exceed the
costs described in such clause (iv).
(ii) Reconsideration.--If the benefits described in
subparagraph (B)(iv) do not exceed the costs described in
such subparagraph for a class of commercial vessels described
in subparagraph (A), the Secretary, in consultation with the
Administrator, shall reconsider the determination of the
Secretary under clause (i)--

(I) if a petition is received from a Governor of a Great
Lakes State that--

(aa) includes new data or science not considered during
such determination; and
(bb) is submitted not less than one year after such
determination; or

(II) not later than five years after such determination.

(D) Compliance deadline.--A class of commercial vessels for
which the exemption under subparagraph (A) has been
terminated under subparagraph (B) shall comply with the
ballast water discharge standard after completion of the
first scheduled dry docking of each such vessel that
commences on or after the date that is three years after the
date that the Secretary informs the owner or operator of such
vessel of such termination.
(E) Most probable environmental benefits described.--The
most probable environmental benefits resulting from a
requirement that a class of commercial vessels described in
subparagraph (A) comply with the ballast water discharge
standard are the net environmental benefits, as determined by
the Administrator--
(i) gained from the most probable reduction in risk of
establishment of aquatic nuisance species in navigable waters
of the United States within the Great Lakes and Saint
Lawrence River resulting from compliance with subsection (a)
by such class of vessels; and
(ii) as reduced by the extent to which such environmental
benefits most probably would not be achieved as a result of
the most probable risks of such establishment from other
vectors.
(F) Most probable economic costs described.--The most
probable economic costs resulting from a requirement that a
class of commercial vessels described in subparagraph (A)
comply with the ballast water discharge standard are the net
costs and foregone revenues resulting from such compliance
that most probably will be incurred, as determined by the
Secretary, by the--
(i) owners and operators of such class of vessels,
including the costs of installation and maintenance of
ballast water management systems not passed on to customers
and reductions in business activity due to lifetime reduction
in cargo capacity and customer demand for cargo
transportation services;
(ii) customers of such class of vessels, including
reductions in business activity, shifts to other
transportation modes, and loss of competitiveness as a result
of the costs described in clause (i) passed on to such
customers; and
(iii) employees of such owners, operators, and customers,
including reductions or foregone increases in jobs, wages,
and benefits resulting from costs described in clauses (i)
and (ii).

[[Page S6677]]

(c) Alternative Compliance Program.--The Secretary, in
consultation with the Administrator and the Governors of the
States, may issue a rule establishing one or more compliance
programs that may be used by an owner or operator as an
alternative to compliance with the requirements of subsection
(a) for a commercial vessel that--
(1) has a maximum ballast water capacity of less than eight
cubic meters; or
(2) is less than 3 years from the end of the service life
of the commercial vessel, as determined by the Secretary.
(d) Reception Facilities.--
(1) In general.--Notwithstanding the requirements under
subsection (a), an owner or operator may discharge ballast
water into an onshore or offshore facility for the reception
of ballast water that meets the standards established by the
Administrator, in consultation with the Secretary, under
paragraph (2).
(2) Issuance of standards.--Not later than one year after
the date of the enactment of this Act, the Administrator, in
consultation with the Secretary, shall publish a rule in the
Federal Register that establishes reasonable and practicable
standards for reception facilities to receive vessel ballast
water to mitigate adverse effects of aquatic nuisance species
on navigable waters of the United States.
(3) Transfer standards.--The Secretary, in coordination
with the Administrator, may promulgate standards for the
arrangements necessary on a vessel to transfer ballast water
to a facility.

SEC. 5005. APPROVAL OF BALLAST WATER MANAGEMENT SYSTEMS.

(a) Ballast Water Management Systems That Render Organisms
Nonviable.--Notwithstanding chapter 5 of title 5, United
States Code, part 151 of title 33, Code of Federal
Regulations (or similar successor regulation), and part 162
of title 46, Code of Federal Regulations (or similar
successor regulation), a ballast water management system that
renders nonviable organisms in ballast water at the
concentrations prescribed in the ballast water discharge
standard shall be approved by the Secretary, if--
(1) such system--
(A) undergoes type approval testing at an independent
laboratory designated by the Secretary under such
regulations; and
(B) meets the requirements of subpart 162.060 of title 46,
Code of Federal Regulations (or similar successor
regulation), other than the requirements related to staining
methods or measuring the concentration of living organisms;
and
(2) such laboratory uses a testing method described in a
final policy letter published under subsection (c)(3).
(b) Prohibition on Biocides.--The Secretary shall not
approve a ballast water management system under subsection
(a) or subpart 162.060 of title 46, Code of Federal
Regulations (or similar successor regulations), if such
system--
(1) uses a biocide or generates a biocide that is a
pesticide, as defined in section 2 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136),
unless the biocide is registered under that Act or the
Administrator has approved the use of the biocide in such
ballast water management system; or
(2) uses or generates a biocide the discharge of which
causes or contributes to a violation of a water quality
standard under section 303 of the Federal Water Pollution
Control Act (33 U.S.C. 1313).
(c) Approval Testing Methods.--
(1) Draft policy.--Not later than 60 days after the date of
the enactment of this Act, the Secretary, in coordination
with the Administrator, shall publish a draft policy letter,
based on the best available science, describing type approval
testing methods and protocols for ballast water management
systems that may be used in addition to the methods
established in subpart 162.060 of title 46, Code of Federal
Regulations (or similar successor regulation)--
(A) to measure the concentration of organisms in ballast
water that are capable of reproduction;
(B) to certify the performance of each ballast water
management system under this section; and
(C) to certify laboratories to evaluate such treatment
technologies.
(2) Public comment.--The Secretary shall provide for a
period of not more than 60 days for the public to comment on
the draft policy letter published under paragraph (1).
(3) Final policy.--
(A) In general.--Not later than 150 days after the date of
the enactment of this Act, the Secretary, in coordination
with the Administrator, shall publish a final policy letter
describing type approval testing methods for ballast water
management systems capable of measuring the concentration of
organisms in ballast water that are capable of reproduction
based on the best available science that may be used in
addition to the methods established in subpart 162.060 of
title 46, Code of Federal Regulations (or similar successor
regulation).
(B) Revisions.--The Secretary shall revise the final policy
letter published under subparagraph (A) as additional testing
methods are determined by the Secretary, in coordination with
the Administrator, to be capable of measuring the
concentration of organisms in ballast water that are capable
of reproduction.
(C) Considerations.--In developing a policy letter under
this paragraph, the Secretary, in coordination with the
Administrator--
(i) shall consider a testing method that uses organism grow
out and most probable number statistical analysis to
determine the concentration of organisms in ballast water
that are capable of reproduction; and
(ii) shall not consider a testing method that relies on a
staining method that measures the concentration of organisms
greater than or equal to 10 micrometers and organisms less
than or equal to 50 micrometers.

SEC. 5006. REVIEW AND RAISING OF BALLAST WATER DISCHARGE
STANDARD.

(a) Effectiveness Reviews.--
(1) Six-year review.--
(A) In general.--Not later than January 1, 2024, and
subject to petitions for review under paragraph (3), the
Administrator, in consultation with the Secretary, shall
complete an effectiveness review to determine whether, based
on the application of the best available technology
economically achievable, the ballast water discharge standard
can be revised such that ballast water discharged in the
normal operation of a vessel contains--
(i) less than 1 organism that is living or has not been
rendered nonviable per 10 cubic meters that is 50 or more
micrometers in minimum dimension;
(ii) less than 1 organism that is living or has not been
rendered nonviable per 10 milliliters that is less than 50
micrometers in minimum dimension and more than 10 micrometers
in minimum dimension;
(iii) 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

(iv) concentrations of such additional indicator microbes
and of viruses as may be specified in regulations issued by
the Secretary, in consultation with the Administrator and
such other Federal agencies as the Secretary and the
Administrator consider appropriate.
(B) Alternative revised standard.--If the Administrator
finds--
(i) that the ballast water discharge standard cannot be
revised to reflect the level of stringency set forth in
subparagraph (A), the Administrator shall determine whether
the application of the best available technology economically
achievable would result in a reduction of the risk of
introduction or establishment of aquatic nuisance species
such that the ballast water discharge standard can be revised
be more stringent than the standard set forth in section
151.2030 or 151.1511 of title 33, Code of Federal
Regulations, as in effect on the date of the enactment of
this Act; or
(ii) that the best available technology economically
achievable is more stringent than the standard under
subparagraph (A) with respect to a class of vessels, the
Administrator shall determine whether the ballast water
discharge standard can be revised for that class of vessels
to incorporate such more stringent standard.
(2) Ten-year reviews.--Not later than January 1, 2034, not
less frequently than every 10 years thereafter, and subject
to petitions for review under paragraph (3), the
Administrator shall conduct an effectiveness review to
determine whether the application of the best available
technology economically achievable results in a reduction in
the risk of the introduction or establishment of aquatic
nuisance species such that the ballast water discharge
standard can be revised.
(3) State petitions for review.--
(A) In general.--The Governor of a State may submit a
petition requesting the Administrator to conduct a review
under paragraph (1) or (2) if there is new information that
could reasonably indicate the ballast water discharge
standard could be made more stringent to reduce the risk of
the introduction or establishment of aquatic nuisance
species.
(B) Timing.--A Governor may not submit a petition under
subparagraph (A) during the 1-year period following the date
of completion of a review under paragraph (1) or (2).
(C) Required information.--A petition submitted to the
Administrator under subparagraph (A) shall include--
(i) a proposed ballast water discharge standard that would
result in a reduction in the risk of the introduction or
establishment of aquatic nuisance species;
(ii) information regarding any ballast water management
systems that may achieve the proposed ballast water discharge
standard;
(iii) the scientific and technical information on which the
petition is based, including a description of the risk
reduction that would result from the proposed ballast water
discharge standard included under clause (i); and
(iv) any additional information the Administrator considers
appropriate.
(D) Public availability.--Upon receiving a petition under
subparagraph (A), the Administrator shall make publicly
available a copy of the petition, including the information
included under subparagraph (C).
(E) Treatment of more than one petition as a single
petition.--The Administrator may treat more than one petition
submitted under subparagraph (A) as a single such petition.

[[Page S6678]]

(F) Authority to review.--After receiving a petition that
meets the requirements of this paragraph, the Administrator,
in consultation with the Secretary, may conduct a review
under paragraph (1) or (2) or such other review as the
Administrator, in consultation with the Secretary, determines
appropriate.
(4) Agency action.--In any review under this subsection in
which the Administrator determines--
(A) that the ballast water discharge standard can be made
more stringent, the Administrator shall--
(i) promptly publish such determination in the Federal
Register and on a publically available website; and
(ii) inform the Secretary of such determination; or
(B) that the ballast water discharge standard cannot be
made more stringent, the Administrator shall--
(i) promptly publish such determination, together with a
detailed, written justification, in the Federal Register and
on a publically available website; and
(ii) provide a copy of the documents required under clause
(i) to any State that has petitioned the Administrator for
the review.
(b) Practicability Review.--
(1) In general.--If the Administrator determines under
subsection (a) that the ballast water discharge standard can
be made more stringent, the Secretary, in consultation with
the Administrator, shall conduct a practicability review,
considering the findings under such subsection, to determine
whether--
(A) a ballast water management system that is capable of
achieving the ballast water discharge standard as proposed to
be revised is operationally practicable; and
(B) testing protocols can be practicably implemented that
can assure accurate measurement of compliance with the
ballast water discharge standard as proposed to be revised.
(2) Criteria for practicability review.--In conducting a
practicability review under paragraph (1), the Secretary and
the Administrator shall consider--
(A) improvements in ballast water management systems,
including--
(i) the effectiveness and reliability of such systems in
the shipboard environment;
(ii) the compatibility of such systems with the design and
operation of a commercial vessel by class, type, and size;
(iii) the commercial availability of such systems; and
(iv) the safety of such systems;
(B) improvements in the capabilities to detect, quantify,
and assess whether aquatic nuisance species are capable of
reproduction in order to determine compliance with the
ballast water discharge standard as proposed to be revised;
(C) the costs, cost-effectiveness, and effects of--
(i) a revised ballast water discharge standard; and
(ii) maintaining the existing ballast water discharge
standard; and
(D) other criteria that the Secretary and the Administrator
consider appropriate.
(3) Information from states.--In conducting a
practicability review under paragraph (1), the Secretary
shall solicit information from the States concerning matters
the Secretary and the Administrator are required to consider
under paragraph (2).
(c) Issuance of Revised Ballast Water Discharge Standard.--
(1) In general.--The Secretary shall issue a rule to revise
the ballast water discharge standard if the Secretary, in
consultation with the Administrator, determines on the basis
of the practicability review under subsection (b) that--
(A) a ballast water management system that is capable of
achieving the ballast water discharge standard as proposed to
be revised is the best available technology, economically
achievable, and operationally practicable; and
(B) testing protocols can be practicably implemented that
can assure accurate measurement of compliance with the
ballast water discharge standard as proposed to be revised.
(2) Standard not revised.--If the Secretary, in
consultation with the Administrator, determines that the
requirements of paragraph (1) have not been satisfied, the
Secretary shall publish a description of how such
determination was made.
(3) Requirement.--Any modified ballast water discharge
standard issued in the rule under paragraph (1) shall be more
stringent than the ballast water discharge standard it
replaces.
(d) Revised Ballast Water Discharge Standard Effective Date
and Compliance Deadline.--
(1) In general.--If the Secretary issues a rule to revise
the ballast water discharge standard under subsection (c),
the Secretary shall include in such rule--
(A) an effective date for the revised ballast discharge
standard that is 3 years after the date on which such rule is
published in the Federal Register; and
(B) for the owner or operator of a commercial vessel that
is constructed or completes a major conversion on or after
the date that is 3 years after the date on which such rule is
published in the Federal Register, a deadline to comply with
the revised ballast water discharge standard that is the
first day on which such commercial vessel operates in
navigable waters of the United States.
(2) Vessel specific compliance deadlines.--The Secretary
may establish a deadline for compliance by a commercial
vessel (or a class, type, or size of commercial vessel) with
a revised ballast water discharge standard that is different
than the general deadline established under paragraph (1).
(3) Extensions.--The Secretary shall establish a process
for an owner or operator to submit an application to the
Secretary for an extension of a compliance deadline
established under paragraphs (1) and (2).
(4) Application for extension.--An owner or operator shall
submit an application for an extension under paragraph (3)
not less than 90 days prior to the applicable compliance
deadline established under paragraph (1) or (2).
(5) Factors.--In reviewing an application under this
subsection, the Secretary shall consider, with respect to the
ability of an owner or operator to meet a compliance
deadline--
(A) whether the ballast water management system to be
installed, if applicable, is available in sufficient
quantities to meet the compliance deadline;
(B) whether there is sufficient shipyard or other
installation facility capacity;
(C) whether there is sufficient availability of engineering
and design resources;
(D) commercial vessel characteristics, such as engine room
size, layout, or a lack of installed piping;
(E) electric power generating capacity aboard the
commercial vessel;
(F) the safety of the commercial vessel and crew; and
(G) any other factor that the Secretary determines
appropriate.
(6) Consideration of petitions.--
(A) Determinations.--The Secretary shall approve or deny an
application for an extension of a compliance deadline
submitted by an owner or operator under this subsection.
(B) Deadline.--The Secretary shall--
(i) acknowledge receipt of an application for an extension
submitted under paragraph (4) not later than 30 days after
the date of receipt of the application; and
(ii) to the extent practicable, approve or deny such an
application not later than 90 days after the date of receipt
of the application.
(C) Failure to review.--If the Secretary does not approve
or deny an application described in subparagraph (A) on or
before the last day of the 90-day period beginning on the
date of submission of the petition, the petition shall be
conditionally approved.
(7) Period of extensions.--An extension granted to an owner
or operator under paragraph (3)--
(A) may be granted for an initial period of not more than
18 months;
(B) may be renewed for additional periods of not more than
18 months each; and
(C) may not be in effect for a total of more than 5 years.
(8) Period of use of installed ballast water management
system.--
(A) In general.--Subject to subparagraph (B), an owner or
operator shall be considered to be in compliance with the
ballast water discharge standard if--
(i) the ballast water management system installed on the
commercial vessel complies with the ballast water discharge
standard in effect at the time of installation,
notwithstanding any revisions to the ballast water discharge
standard occurring after the installation;
(ii) the ballast water management system is maintained in
proper working condition, as determined by the Secretary;
(iii) the ballast water management system is maintained and
used in accordance with the manufacturer's specifications;
and
(iv) the ballast water management system continues to meet
the ballast water discharge standard applicable to the
commercial vessel at the time of installation, as determined
by the Secretary.
(B) Limitation.--Subparagraph (A) shall cease to apply with
respect to a commercial vessel after--
(i) the expiration of the service life of the ballast water
management system of the commercial vessel, as determined by
the Secretary;
(ii) the expiration of the service life of the commercial
vessel, as determined by the Secretary; or
(iii) the completion of a major conversion of the
commercial vessel.

SEC. 5007. NATIONAL BALLAST INFORMATION CLEARINGHOUSE.

Subsection (f) of section 1102 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4712(f)) is amended to read as follows:
``(f) National Ballast Information Clearinghouse.--
``(1) In general.--The Secretary shall develop and
maintain, in consultation and cooperation with the Task Force
and the Smithsonian Institution (acting through the
Smithsonian Environmental Research Center), a National
Ballast Information Clearinghouse of national data
concerning--
``(A) ballasting practices;
``(B) compliance with the guidelines issued pursuant to
section 1101(c); and
``(C) any other information obtained by the Task Force
pursuant to subsection (b).
``(2) Ballast water reporting requirements.--
``(A) In general.--The owner or operator of a commercial
vessel subject to this Act shall submit the current ballast
water management report form approved by the Office

[[Page S6679]]

of Management and Budget (OMB 1625-0069 or subsequent form)
to the National Ballast Information Clearinghouse not later
than 6 hours after the arrival of such vessel at a United
States port or place, unless such vessel is operating
exclusively on a voyage between ports or places within a
single Captain of the Port Zone (as established by the
Secretary pursuant to sections 92, 93, and 633 of title 14,
United States Code).
``(B) Multiple discharges within a single port.--The owner
or operator of a commercial vessel subject to this Act may
submit a single report under subparagraph (A) for multiple
ballast water discharges within a single port during the same
voyage.
``(C) Advanced report to states.--A State may require the
owner or operator of a commercial vessel subject to this Act
to submit directly to the State a ballast water management
report form--
``(i) not later than 24 hours prior to arrival at a United
States' port or place of destination if the voyage of such
vessel is anticipated to exceed 24 hours; or
``(ii) before departing the port or place of departure if
the voyage of such vessel is not anticipated to exceed 24
hours.
``(3) Commercial vessel reporting data.--
``(A) Dissemination to states.--Upon receiving submission
of a ballast water management report required under paragraph
(2), the National Ballast Information Clearinghouse shall--
``(i) in the case of forms submitted electronically,
immediately disseminate the report to interested States; or
``(ii) in the case of forms submitted by means other than
electronically, disseminate the report to interested States
as soon as practicable.
``(B) Availability to the public.--Not later than 30 days
after the date of the receipt of a ballast water management
report required under paragraph (2), the National Ballast
Information Clearinghouse shall make the data in such report
fully and readily available to the public in searchable and
fully retrievable electronic formats.
``(4) Report.--In consultation and cooperation with the
Task Force and the Smithsonian Institution (acting through
the Smithsonian Environmental Research Center), the Secretary
shall prepare and submit to the Task Force and the
appropriate committees of Congress and make available to the
public, on a biennial basis not later than 180 days from the
end of each odd numbered calendar year, a report that
synthesizes and analyzes the data referred to in paragraph
(1) for the previous two years to evaluate nationwide status
and trends relating to--
``(A) ballast water delivery and management; and
``(B) invasions of aquatic nuisance species resulting from
ballast water.
``(5) Working group.--Not later than one year after the
date of the enactment of the Vessel Incidental Discharge Act,
the Secretary shall establish a working group that includes
members from the National Ballast Information Clearinghouse
and States with ballast water management programs to
establish a process for compiling and readily sharing Federal
and State commercial vessel reporting and enforcement data
regarding compliance with this Act.
``(6) Appropriate committees of congress defined.--In this
subsection, the term `appropriate committees of Congress'
means the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.''.

SEC. 5008. REQUIREMENTS FOR DISCHARGES INCIDENTAL TO THE
NORMAL OPERATION OF A COMMERCIAL VESSEL.

(a) Management of Incidental Discharge for Commercial
Vessels.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary, in concurrence with
the Administrator and in consultation with the States, shall
publish a final rule in the Federal Register that establishes
best management practices for discharges incidental to the
normal operation of a commercial vessel for commercial
vessels that--
(A) are greater than or equal to 79 feet in length;
(B) are not fishing vessels, including fish processing
vessels and fish tender vessels (as such terms are defined in
section 2101 of title 46, United States Code); and
(C) are not subject to the best management practices
required under section 5009.
(2) Elements.--The best management practices established
under paragraph (1) shall--
(A) mitigate the adverse impacts on the marine environment
from discharges incidental to the normal operation of a
commercial vessel and aquatic invasive species;
(B) use marine pollution control devices when appropriate;
(C) be economically achievable and operationally
practicable; and
(D) not compromise the safety of a commercial vessel.
(3) Implementation.--The Secretary shall implement the best
management practices established by final rule under
paragraph (1) not later than 60 days after the date on which
the final rule is published in the Federal Register as
required under such paragraph.
(b) Transition.--
(1) In general.--Except as provided in section 5009(c) and
notwithstanding the expiration date for the General Permit,
any practice, limitation, or concentration applicable to any
discharge incidental to the normal operation of a commercial
vessel that is required by the General Permit on the date of
the enactment of this Act, and any reporting requirement
required by the General Permit on such date of enactment,
shall remain in effect until the implementation date under
subsection (a)(3).
(2) Part 6 conditions.--Except as provided in section
5009(c) and notwithstanding paragraph (1) and any other
provision of law, the terms and conditions of Part 6 of the
General Permit (relating to specific requirements for
individual States or Indian country lands) shall expire on
the implementation date under subsection (a)(3).
(c) Application to Certain Vessels.--
(1) Application of federal water pollution control act.--No
permit shall be required under section 402 of the Federal
Water Pollution Control Act (33 U.S.C. 1342) or prohibition
enforced under any other provision of law for, nor shall any
best management practice regarding a discharge incidental to
the normal operation of a commercial vessel under this title
apply to, a discharge incidental to the normal operation of a
commercial vessel if the commercial vessel--
(A) is less than 79 feet in length; or
(B) is a fishing vessel, including a fish processing vessel
or fish tender vessel (as such terms are defined in section
2101 of title 46, United States Code).
(2) Application of general permit.--The terms and
conditions of the General Permit shall cease to apply to
vessels described in subparagraphs (A), (B), and (C) of
paragraph (1) on and after the date of the enactment of this
Act.
(d) Review and Revision.--The Secretary, in concurrence
with the Administrator and in consultation with the States,
shall--
(1) review the practices and standards established under
subsection (a) not less frequently than once every ten years;
and
(2) revise such practices consistent with the elements
described in paragraph (2) of such subsection.
(e) State Petition for Revision of Best Management
Practices.--
(1) In general.--The Governor of a State may submit a
petition to the Secretary requesting that the Secretary, in
concurrence with the Administrator, revise a best management
practice established under subsection (a) if there is new
information that could reasonably indicate that--
(A) revising the best management practice would--
(i) mitigate the adverse impacts on the marine environment
from discharges incidental to the normal operation of a
commercial vessel or from aquatic invasive species; and
(ii) reduce the adverse effects on navigable waters of the
United States of discharges incidental to the normal
operation of a commercial vessel; and
(B) the revised best management practice would be
economically achievable and operationally practicable.
(2) Required information.--A petition submitted to the
Secretary under paragraph (1) shall include--
(A) the scientific and technical information on which the
petition is based; and
(B) any additional information the Secretary and
Administrator consider appropriate.
(3) Public availability.--Upon receiving a petition under
paragraph (1), the Secretary shall make publicly available a
copy of the petition, including the information included
under paragraph (2).
(4) Treatment of more than one petition as a single
petition.--The Secretary may treat more than one petition
submitted under paragraph (1) as a single petition.
(5) Revision of best management practices.--If, after
reviewing a petition submitted by a Governor under paragraph
(1), the Secretary, in concurrence with the Administrator,
determines that revising a best management practice would
mitigate the adverse impacts on the marine environment from
discharges incidental to the normal operation of a commercial
vessel or from aquatic invasive species, the Secretary, in
concurrence with the Administrator and in consultation with
the States, shall revise such practices consistent with the
elements described in subsection (a)(2).
(f) Repeal of No Permit Requirement.--Public Law 110-299
(33 U.S.C. 1342 note) is amended by striking section 2.

SEC. 5009. BEST MANAGEMENT PRACTICES FOR GREAT LAKES VESSELS.

(a) In General.--Not later than two years after the date of
enactment of this Act, the Secretary, in coordination with
the Administrator, shall publish a final rule in the Federal
Register that establishes best management practices for--
(1) ballast water for commercial vessels operating in
navigable waters of the United States within the Great Lakes
and Saint Lawrence River; and
(2) discharges incidental to the normal operation of a
commercial vessel in navigable waters of the United States
for commercial vessels operating exclusively in the Great
Lakes and Saint Lawrence River that--
(A) are greater than or equal to 79 feet in length; and
(B) are not fishing vessels, including fish processing
vessels and fish tender vessels (as such terms are defined in
section 2101 of title 46, United States Code).
(b) Elements.--The Secretary, in coordination with the
Administrator and the owners or operators of commercial
vessels described

[[Page S6680]]

in subsection (a), shall ensure that the best management
practices established under subsection (a)--
(1) minimize the risk of establishment of aquatic nuisance
species from discharges into or upon navigable waters of the
United States from such commercial vessels;
(2) minimize the discharge of pollutants into or upon
navigable waters of the United States from such commercial
vessels;
(3) use the best available technology when appropriate;
(4) are economically achievable and operationally
practicable;
(5) minimize disruption of commerce;
(6) do not compromise the safety of a commercial vessel;
and
(7) to the extent possible, apply consistently to all
navigable waters of the United States within the Great Lakes
and Saint Lawrence River.
(c) Transition.--
(1) In general.--Except as provided in paragraph (2),
notwithstanding the expiration date for the General Permit
and to the extent to which they do not conflict with section
5004(b), the following best management practices applicable
to commercial vessels described in subsection (a) shall
remain in effect until the date on which the best management
practices described in such subsection are implemented under
subsection (g):
(A) Best management practices required by Part 2 of the
General Permit.
(B) Such other practices as required by the Secretary.
(2) Exception.--Notwithstanding the expiration date for the
General Permit and to the extent to which they do not
conflict with section 5004(b), the best management practices
described by the sections in Part 6 of the General Permit
applicable to the Great Lakes States that are applicable to
commercial vessels described in subsection (a) shall expire
on the date on which the best management practices described
in subsection (a) are implemented under subsection (g).
(d) Outreach.--The Secretary shall solicit recommendations
and information from the Great Lakes States, Indian Tribes,
owners and operators of vessels described in subsection (a),
and other persons that the Secretary considers appropriate in
developing best management practices under subsection (a).
(e) Review and Revision of Best Practices.--Not less
frequently than once every 5 years, the Secretary, in
coordination with the Administrator, shall review the best
management practices established under subsection (a) and
revise such practices by rule published in the Federal
Register consistent with subsections (b) and (d).
(f) Revised Practices by State Petition.--
(1) In general.--The Governor of a Great Lakes State may
petition the Secretary to revise current, or employ
additional, best management practices, consistent with the
elements described in subsection (b), to address new and
emerging aquatic nuisance species or pollution threats,
implement more effective practices, or update guidelines to
harmonize requirements on owners and operators of commercial
vessels described in subsection (a).
(2) Determination.--
(A) In general.--Not later than 180 days after receiving a
petition under paragraph (1), the Secretary, in coordination
with the Administrator, shall determine which, if any, best
management practices included in such petition shall be
required of commercial vessels described in subsection (a).
(B) Consultation.--The Secretary shall consult with the
Governors of other Great Lakes States and owners or operators
of commercial vessels that would be subject to best
management practices pursuant to paragraph (1) before making
a determination under subparagraph (A).
(3) Treatment of petition.--The Secretary may treat more
than one petition submitted under paragraph (1) as a single
petition.
(4) Public availability.--The Secretary shall make publicly
available a petition and any supporting documentation
submitted under paragraph (1) for not less than 60 days prior
to approving or disapproving such petition.
(g) Implementation.--
(1) In general.--The Secretary shall implement the best
management practices established by final rule under
subsection (a) not later than 60 days after the date on which
the final rule is published in the Federal Register as
required by such subsection.
(2) Implementation of practices by state petition.--Not
later than 90 days after making a determination under
subsection (f)(2), the Secretary shall, by rule published in
the Federal Register, require commercial vessels that would
be subject to the best management practices described in such
subsection to implement such practices.
(h) Public Availability.--The Secretary shall make publicly
available any determination made under this section.

SEC. 5010. JUDICIAL REVIEW.

(a) In General.--A person may file a petition for review of
a final rule or a final agency action issued under this title
in the United States Court of Appeals for the District of
Columbia Circuit.
(b) Deadline.--
(1) In general.--A petition shall be filed under this
section not later than 120 days after the date on which the
final rule to be reviewed is published in the Federal
Register or the final agency action is issued, as the case
may be.
(2) Exception.--Notwithstanding paragraph (1), a petition
that is based solely on grounds that arise after the deadline
to file a petition under paragraph (1) has passed may be
filed not later than 120 days after the date on which such
grounds first arise.

SEC. 5011. STATE ENFORCEMENT.

(a) State Authorities.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary, in coordination
with the Governors of the States, shall develop and publish
Federal and State inspection, data management, and
enforcement procedures for the enforcement of standards and
requirements under this title by States.
(2) Procedures.--Procedures developed and published under
paragraph (1)--
(A) may be periodically updated;
(B) shall describe the conditions and procedures under
which the Secretary may suspend the agreement described in
paragraph (3); and
(C) shall have a mechanism for the Secretary to provide to
the Governor of a State, if requested by the Governor, access
to Automated Identification System arrival data for inbound
vessels to specific ports or places of destination in the
State.
(3) State enforcement.--The Secretary shall enter into an
agreement with the Governor of a State to authorize the State
to inspect vessels to enforce the provisions of this title in
accordance with the procedures developed under paragraph (1).
(b) Fees.--
(1) In general.--Subject to paragraphs (2), (3), and (4), a
State that assesses a permit fee, inspection fee, or other
fee related to the regulation of ballast water or a discharge
incidental to the normal operation of a commercial vessel
before the date of the enactment of this Act may continue to
assess such a fee to cover the costs of program
administration, inspection, and enforcement activities by the
State.
(2) Maximum fee.--Except as provided in paragraph (3), a
State may assess a fee under this subsection of not more than
$1,000 per qualifying voyage to the owner or operator of a
commercial vessel arriving at a port or place of destination
in the State.
(3) Commercial vessels engaged in coastwise trade.--A State
may not assess more than $5,000 in fees per vessel each year
to the owner or operator of a commercial vessel registered
under the laws of the United States and lawfully engaged in
the coastwise trade.
(4) Adjustment for inflation.--A State may adjust a fee
authorized by this subsection every 5 years to reflect the
percentage by which the Consumer Price Index for all urban
consumers published by the Department of Labor for the month
of October immediately preceding the date of adjustment
exceeds the Consumer Price Index for all urban consumers
published by the Department of Labor for the month of October
that immediately precedes the date that is 5 years before the
date of adjustment.
(5) Qualifying voyage.--In this subsection, the term
``qualifying voyage'' means a vessel arrival at a port or
place of destination in a State by a commercial vessel that
has operated outside of that State and excludes movement
entirely within a single port or place of destination.
(c) Effect on State Authority.--Except as provided in
subsection (a) and as necessary to implement an agreement
entered into under such subsection, no State or political
subdivision thereof may adopt or enforce any statute,
regulation, or other requirement of the State or political
subdivision with respect to--
(1) a discharge into navigable waters of the United States
from a commercial vessel of ballast water; or
(2) a discharge into navigable waters of the United States
incidental to the normal operation of a commercial vessel.
(d) Preservation of Authority.--Nothing in this title may
be construed as affecting the authority of a State or
political subdivision thereof to adopt or enforce any
statute, regulation, or other requirement with respect to any
water or other substance discharged or emitted from a vessel
in preparation for transport of the vessel by land from one
body of water to another body of water.

SEC. 5012. EFFECT ON OTHER LAWS.

(a) Application of Federal Water Pollution Control Act.--
(1) In general.--Except as provided in section 5008(b), on
or after the date of the enactment of this Act, the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.) shall
not apply to a discharge into navigable waters of the United
States of ballast water from a commercial vessel or a
discharge incidental to the normal operation of a commercial
vessel.
(2) Oil and hazardous substance liability; marine
sanitation devices.--Nothing in this title may be construed
as affecting the application to a commercial vessel of
section 311 or 312 of the Federal Water Pollution Control Act
(33 U.S.C. 1321; 1322).
(b) Established Regimes.--Notwithstanding any other
provision of this title, nothing in this title may be
construed as affecting the authority of the Federal
Government under--
(1) the Act to Prevent Pollution from Ships (33 U.S.C. 1901
et seq.) with respect to the regulation by the Federal
Government of any discharge or emission that, on or after the
date of the enactment of this Act, is covered under the
Protocol of 1978 Relating to

[[Page S6681]]

the International Convention for the Prevention of Pollution
from Ships, 1973, with annexes and protocols, done at London
February 17, 1978; and
(2) title X of the Coast Guard Authorization Act of 2010
(33 U.S.C. 3801 et seq.) with respect to the regulation by
the Federal Government of any anti-fouling system that, on or
after the date of the enactment of this Act, is covered under
the International Convention on the Control of Harmful Anti-
fouling Systems on Ships, 2001, done at London October 5,
2001.
(c) International Law.--Any action taken under this title
shall be taken in accordance with international law.
(d) Conforming Amendment.--Section 1205 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4725) is amended by adding at the end the
following: ``Ballast water and discharges incidental to the
normal operation of a commercial vessel, as such terms are
defined in the Vessel Incidental Discharge Act, shall be
regulated pursuant to such Act.''.

SEC. 5013. QUAGGA MUSSEL.

The Secretary of the Interior shall prescribe by regulation
that the quagga mussel (Dreissena rostriformis bugensis) is a
species that is injurious under section 42 of title 18,
United States Code.

SEC. 5014. COASTAL AQUATIC INVASIVE SPECIES MITIGATION GRANT
PROGRAM AND MITIGATION FUND.

(a) Coastal Aquatic Invasive Species Mitigation Grant
Program.--
(1) Definitions.--In this subsection:
(A) Coastal zone.--The term ``coastal zone'' has the
meaning given the term in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453).
(B) Eligible entity.--The term ``eligible entity'' means a
State government, local government, Indian Tribe,
nongovernmental organization, or academic institution.
(C) Exclusive economic zone.--The term ``Exclusive Economic
Zone'' means the Exclusive Economic Zone of the United
States, as established by Presidential Proclamation 5030 of
March 10, 1983 (16 U.S.C. 1453 note).
(D) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation established by section 2(a) of
the National Fish and Wildlife Foundation Establishment Act
(16 U.S.C. 3701(a)).
(E) Program.--The term ``Program'' means the Coastal
Aquatic Invasive Species Mitigation Grant Program established
under paragraph (2).
(2) Establishment.--The Secretary of Commerce and the
Foundation shall establish the Coastal Aquatic Invasive
Species Mitigation Grant Program to award grants to eligible
entities, as described in this subsection.
(3) Purposes.--The purposes of the Program are--
(A) to improve the understanding, prevention, and
mitigation of, and response to, aquatic invasive species in
the coastal zone and the Exclusive Economic Zone of the
United States;
(B) to support the prevention and mitigation of impacts
from aquatic invasive species in the coastal zone of the
United States; and
(C) to support the restoration of marine, estuarine, and
the Great Lakes environments in the coastal zone and the
Exclusive Economic Zone of the United States that are
impacted by aquatic invasive species.
(4) Use of grants.--
(A) In general.--A grant awarded under the Program shall be
used for an activity to carry out the purposes of the
Program, including an activity--
(i) to develop and implement procedures and programs to
prevent, control, mitigate, or progressively eradicate
aquatic invasive species in the coastal zone or the Exclusive
Economic Zone of the United States;
(ii) to restore habitat impacted by an aquatic invasive
species;
(iii) to develop new shipboard and land-based ballast water
treatment system technologies and performance standards to
prevent the introduction of aquatic invasive species;
(iv) to develop mitigation measures to protect natural and
cultural living resources, including shellfish, from the
impacts of aquatic invasive species; or
(v) to develop mitigation measures to protect
infrastructure, such as hydroelectric infrastructure, from
aquatic invasive species.
(B) Prohibition on funding litigation.--A grant awarded
under the Program may not be used to fund litigation in any
matter.
(5) Administration.--Not later than 90 days after the date
of enactment of this Act, the Foundation, in consultation
with the Secretary of Commerce, shall establish the
following:
(A) Application and review procedures for awarding grants
under the Program.
(B) Approval procedures for awarding grants under the
Program. Such procedures shall require consultation with the
Secretary of the Interior and the Administrator.
(C) Performance accountability and monitoring measures for
activities funded by a grant awarded under the Program.
(D) Procedures and methods to ensure accurate accounting
and appropriate administration of grants awarded under the
Program, including standards of record keeping.
(6) Matching requirement.--Each eligible entity awarded a
grant under the Program to carry out an activity shall
provide matching funds to carry out such activity, in cash or
through in-kind contributions from sources other than the
Federal Government, in an amount equal to 50 percent of the
cost of such activity.
(7) Funding.--The Secretary of Commerce and the Foundation
shall use the amounts available in the Coastal Aquatic
Invasive Species Mitigation Fund established under subsection
(b), to award grants under the Program.
(b) Coastal Aquatic Invasive Species Mitigation Fund.--
(1) Creation of fund.--There is established in the Treasury
of the United States a trust fund to be known as the
``Coastal Aquatic Invasive Species Mitigation Fund''
(referred to in this section as the ``Fund''), consisting of
such amounts as may be appropriated or credited to the Fund
as provided in this section or section 9602 of the Internal
Revenue Code of 1986.
(2) Transfers to fund.--
(A) Appropriation.--There is authorized to be appropriated
from the Treasury to the Fund each fiscal year an amount
equal to the penalties assessed under section 5003(b) in the
prior fiscal year.
(B) Authorization of further appropriations.--There is
authorized to be appropriated to the Fund, in addition to the
amounts transferred to the Fund under paragraph (1),
$5,000,000 for each fiscal year.
(3) Expenditures from fund.--Amounts in the Fund shall be
available without further appropriation to the Secretary of
Commerce and the National Fish and Wildlife Foundation
established by section 2(a) of the National Fish and Wildlife
Foundation Establishment Act to award grants under the
Coastal Aquatic Invasive Species Mitigation Grant Program
established under subsection (a)(2).

SEC. 5015. RULES OF CONSTRUCTION.

(a) International Standards.--Nothing in this title may be
construed to impose any design, equipment, or operation
standard on a commercial vessel not documented under the laws
of the United States and engaged in innocent passage unless
the standard implements a generally accepted international
rule, as determined by the Secretary.
(b) Other Authorities.--Nothing in this title may construed
as affecting the authority of the Secretary of Commerce or
the Secretary of the Interior to administer lands or waters
under the administrative control of the Secretary of Commerce
or the Secretary of the Interior.
______