Ballast Water Management Act of 2005

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 363 Reported in Senate (RS)]

Calendar No. 291
109th CONGRESS
1st Session
S. 363

[Report No. 109-181]

To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to establish vessel ballast water management requirements, and
for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

February 10, 2005

Mr. Inouye (for himself, Mr. Stevens, Mr. Akaka, Mr. Lautenberg, Mr.
Sarbanes, and Ms. Cantwell) introduced the following bill; which was
read twice and referred to the Committee on Commerce, Science, and
Transportation

November 16, 2005

Reported by Mr. Stevens, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]

_______________________________________________________________________

A BILL

To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to establish vessel ballast water management requirements, and
for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Ballast Water Management
Act of 2005''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    The Congress finds the following:</DELETED>
<DELETED>    (1) The introduction of aquatic invasive species
into the Nation's waters is one of the most urgent issues
facing the marine environment in the United States.</DELETED>
<DELETED>    (2) The direct and indirect costs of aquatic
invasive species to the economy of the United States amount to
billions of dollars per year.</DELETED>
<DELETED>    (3) Invasive species are thought to have been
involved in 70 percent of the last century's extinctions of
native aquatic species.</DELETED>
<DELETED>    (4) Invasive aquatic species are a significant
problem in all regions of the United States, including Hawaii,
Alaska, San Francisco Bay, the Great Lakes, the Southeast, and
the Chesapeake Bay.</DELETED>
<DELETED>    (5) Ballast water from ships is one of the largest
pathways for the introduction and spread of aquatic invasive
species.</DELETED>
<DELETED>    (6) It has been estimated that some 10,000 non-
indigenous aquatic organisms travel around the globe each day
in the ballast water of cargo ships.</DELETED>
<DELETED>    (7) Over 2 billion gallons of ballast water are
discharged in United States waters each year. Ballast water may
be the source of the largest volume of foreign organisms
released on a daily basis into American ecosystems.</DELETED>
<DELETED>    (8) Ballast water has been found to transport not
only invasive plants and animals but human diseases as well,
such as cholera.</DELETED>
<DELETED>    (9) Invasive species may also be introduced by
other vessel conduits, including the hulls of ships.</DELETED>
<DELETED>    (10) Invasive aquatic species may originate in
other countries, or from distinct regions in the United
States.</DELETED>
<DELETED>    (11) An average of 72 percent of all fish species
introduced in the Southeast have become established, many of
which are native to the United States but transplanted outside
their native ranges.</DELETED>
<DELETED>    (12) The introduction of non-indigenous species
has been closely correlated with the disappearance of
indigenous species in Hawaii and other islands.</DELETED>
<DELETED>    (13) Despite the efforts of more than 20 State,
Federal, and private agencies, unwanted alien pests are
entering Hawaii at an alarming rate--about 2 million times more
rapid than the natural rate.</DELETED>
<DELETED>    (14) Current Federal programs are insufficient to
effectively address this growing problem.</DELETED>
<DELETED>    (15) Preventing aquatic invasive species from
being introduced is the most cost-effective approach for
addressing this issue, because once established, they are
costly and sometimes impossible to control.</DELETED>

<DELETED>SEC. 3. BALLAST WATER MANAGEMENT.</DELETED>

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

<DELETED>``SEC. 1101. BALLAST WATER MANAGEMENT.</DELETED>

<DELETED>    ``(a) Vessels to Which Section Applies.--</DELETED>
<DELETED>    ``(1) In general.--This section applies to a
vessel that is designed or constructed to carry ballast water;
and</DELETED>
<DELETED>    ``(A) is a vessel of the United States (as
defined in section 2101(46) of title 46, United States
Code); or</DELETED>
<DELETED>    ``(B) is a foreign vessel that--</DELETED>
<DELETED>    ``(i) is en route to a United
States port; or</DELETED>
<DELETED>    ``(ii) has departed from a United
States port and is within the exclusive
economic zone.</DELETED>
<DELETED>    ``(2) Exceptions.--Notwithstanding paragraph (1),
this section does not apply to--</DELETED>
<DELETED>    ``(A) permanent ballast water in a sealed
tank on a vessel that is not subject to
discharge;</DELETED>
<DELETED>    ``(B) a vessel of the Armed Forces;
or</DELETED>
<DELETED>    ``(C) a vessel, or category of vessels,
exempted by the Secretary under paragraph
(4).</DELETED>
<DELETED>    ``(3) Standards for vessels of the armed forces.--
With respect to a vessel of the Armed Forces that is designed
or constructed to carry ballast water, the Secretary of
Defense, after consultation with the Administrator of the
Environmental Protection Agency and the Secretary, shall
promulgate ballast water and sediment management standards for
such vessels that, so far as is reasonable and practicable,
achieve environmental results that are comparable to those
achieved by the requirements of this section in waters subject
to the jurisdiction of the United States. In promulgating those
standards, the Secretary of Defense may take into account the
standards promulgated for such vessels under section 312 of the
Clean Water Act (33 U.S.C. 1322) to the extent that compliance
with those standards would meet the requirements of this
Act.</DELETED>
<DELETED>    ``(4) Vessel exemptions by secretary.--The
Secretary may exempt a vessel, or category of vessels, from the
application of this section if the Secretary determines, after
consultation with the Administrator of the Environmental
Protection Agency and the Administrator of the National Oceanic
and Atmospheric Administration, that ballast water discharge
from the vessel or category of vessels will not have an adverse
impact (as defined in section 1003(1) of this Act), based on
factors including the origin and destination of the voyages
undertaken by such vessel or category of vessels.</DELETED>
<DELETED>    ``(5) Coast Guard Assessment and Report.--Within
180 days after the date of enactment of the Ballast Water
Management Act of 2005, 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--</DELETED>
<DELETED>    ``(A) an assessment of the magnitude of
ballast water operations from vessels designed or
constructed to carry ballast water that are not
described in paragraph (1) that are transiting waters
subject to the jurisdiction of the United States;
and</DELETED>
<DELETED>    ``(B) recommendations, including
legislative recommendations if appropriate, of options
for addressing such ballast water operations.</DELETED>
<DELETED>    ``(b) Uptake and Discharge of Ballast Water and
Sediment.--</DELETED>
<DELETED>    ``(1) Prohibition.--The operator of a vessel to
which this section applies may not conduct the uptake or
discharge of ballast water and sediment except as provided in
this section.</DELETED>
<DELETED>    ``(2) Exceptions.--Paragraph (1) does not apply to
the uptake or discharge of ballast water and sediment in the
following circumstances:</DELETED>
<DELETED>    ``(A) The uptake or discharge is solely
for the purpose of--</DELETED>
<DELETED>    ``(i) ensuring the safety of
vessel in an emergency situation; or</DELETED>
<DELETED>    ``(ii) saving a life at
sea.</DELETED>
<DELETED>    ``(B) The uptake or discharge is
accidental and the result of damage to the vessel or
its equipment and--</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(ii) the owner or officer in
charge of the vessel did not willfully or
recklessly cause the damage.</DELETED>
<DELETED>    ``(C) The uptake or discharge is solely
for the purpose of avoiding or minimizing the discharge
of pollution from the vessel.</DELETED>
<DELETED>    ``(D) The uptake and subsequent discharge
on the high seas of the same ballast water and
sediment.</DELETED>
<DELETED>    ``(E) The uptake or discharge of ballast
water and sediment occurs at the same location where
the whole of the ballast water and sediment that is
discharged was taken up and there is no mixing with
unmanaged ballast water and sediment from another
area.</DELETED>
<DELETED>    ``(3) Special rule for the great lakes.--Paragraph
(2) does not apply to a vessel subject to the regulations under
subsection (e)(2) until the vessel is required to conduct
ballast water treatment in accordance with subsection (f) of
this section.</DELETED>
<DELETED>    ``(c) Vessel Ballast Water Management Plan.--</DELETED>
<DELETED>    ``(1) In general.--A vessel to which this section
applies shall conduct all its ballast water management
operations in accordance with a ballast water management plan
that--</DELETED>
<DELETED>    ``(A) meets the requirements prescribed by
the Secretary by regulation; and</DELETED>
<DELETED>    ``(B) is approved by the
Secretary.</DELETED>
<DELETED>    ``(2) Approval criteria.--The Secretary may not
approve a ballast water management plan unless the Secretary
determines that the plan--</DELETED>
<DELETED>    ``(A) describes in detail safety
procedures for the vessel and crew associated with
ballast water management;</DELETED>
<DELETED>    ``(B) describes in detail the actions to
be taken to implement the ballast water management
requirements established under this section;</DELETED>
<DELETED>    ``(C) describes in detail procedures for
disposal of sediment at sea and on shore;</DELETED>
<DELETED>    ``(D) designates the officer on board the
vessel in charge of ensuring that the plan is properly
implemented;</DELETED>
<DELETED>    ``(E) contains the reporting requirements
for vessels established under this section;
and</DELETED>
<DELETED>    ``(F) meets all other requirements
prescribed by the Secretary.</DELETED>
<DELETED>    ``(3) Copy of plan on board vessel.--The owner or
operator of a vessel to which this section applies shall
maintain a copy of the vessel's ballast water management plan
on board at all times.</DELETED>
<DELETED>    ``(d) Vessel Ballast Water Record Book.--</DELETED>
<DELETED>    ``(1) In general.--The owner or operator of a
vessel to which this section applies shall maintain a ballast
water record book on board the vessel in which--</DELETED>
<DELETED>    ``(A) each operation involving ballast
water is fully recorded without delay, in accordance
with regulations promulgated by the Secretary;
and</DELETED>
<DELETED>    ``(B) each such operation is described in
detail, including the location and circumstances of,
and the reason for, the operation.</DELETED>
<DELETED>    ``(2) Availability.--The ballast water record
book--</DELETED>
<DELETED>    ``(A) shall be kept readily available for
examination by the Secretary at all reasonable times;
and</DELETED>
<DELETED>    ``(B) notwithstanding paragraph (1), may
be kept on the towing vessel in the case of an unmanned
vessel under tow.</DELETED>
<DELETED>    ``(3) Retention period.--The ballast water record
book shall be retained--</DELETED>
<DELETED>    ``(A) on board the vessel for a period of
2 years after the date on which the last entry in the
book is made; and</DELETED>
<DELETED>    ``(B) under the control of the vessel's
owner for an additional period of 3 years.</DELETED>
<DELETED>    ``(4) Regulations.--In the regulations prescribed
under this section, the Secretary shall require, at a minimum,
that--</DELETED>
<DELETED>    ``(A) each entry in the ballast water
record book be signed and dated by the officer in
charge of the ballast water operation recorded;
and</DELETED>
<DELETED>    ``(B) each completed page in the ballast
water record book be signed and dated by the master of
the vessel.</DELETED>
<DELETED>    ``(5) Alternative means of recordkeeping.--The
Secretary may provide by regulation for alternative methods of
recordkeeping, including electronic recordkeeping, to comply
with the requirements of this subsection.</DELETED>
<DELETED>    ``(e) Ballast Water Exchange Requirements.--</DELETED>
<DELETED>    ``(1) In general.--Until a vessel conducts ballast
water treatment in accordance with the requirements of
subsection (f) of this section, the operator of a vessel to
which this section applies may not conduct the uptake or
discharge of ballast water unless the operator conducts ballast
water exchange, in accordance with regulations prescribed by
the Secretary, in a manner that results in an efficiency of at
least 95 percent volumetric exchange of the ballast water for
each ballast water tank.</DELETED>
<DELETED>    ``(2) Special rule for vessels in the great
lakes.--</DELETED>
<DELETED>    ``(A) In general.--Notwithstanding any
other provision of this subsection, under regulations
prescribed by the Secretary to prevent the introduction
and spread of aquatic nuisance species into the Great
Lakes through the ballast water of vessels, operators
of vessels equipped with ballast water tanks that enter
a United States port on the Great Lakes after operating
on the waters beyond the exclusive economic zone
shall--</DELETED>
<DELETED>    ``(i) carry out exchange of
ballast water on the waters beyond the
exclusive economic zone prior to entry into any
port within the Great Lakes; or</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(B) Additional matters covered by the
regulations.--The regulations shall--</DELETED>
<DELETED>    ``(i) not affect or supersede any
requirements or prohibitions pertaining to the
discharge of ballast water into waters of the
United States under the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.);</DELETED>
<DELETED>    ``(ii) provide for sampling
procedures to monitor compliance with the
requirements of the regulations;</DELETED>
<DELETED>    ``(iii) prohibit the operation of
a vessel in the Great Lakes if the master of
the vessel has not certified to the Secretary
or the Secretary's designee by not later than
the departure of that vessel from the first
lock in the St. Lawrence Seaway that the vessel
has complied with the requirements of the
regulations;</DELETED>
<DELETED>    ``(iv) protect the safety of--
</DELETED>
<DELETED>    ``(I) each vessel;
and</DELETED>
<DELETED>    ``(II) the crew and
passengers of each vessel;</DELETED>
<DELETED>    ``(v) take into consideration
different operating conditions; and</DELETED>
<DELETED>    ``(vi) be based on the best
scientific information available.</DELETED>
<DELETED>    ``(C) Hudson river port.--The regulations
under this paragraph also apply to vessels that enter a
United States port on the Hudson River north of the
George Washington Bridge.</DELETED>
<DELETED>    ``(D) 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 paragraph.</DELETED>
<DELETED>    ``(3) Exchange areas.--</DELETED>
<DELETED>    ``(A) In general.--Except as provided in
subparagraphs (B), (C), and (D), the operator of a
vessel to which this section applies shall conduct
ballast water exchange in accordance with regulations
prescribed by the Secretary--</DELETED>
<DELETED>    ``(i) at least 200 nautical miles
from the nearest land; and</DELETED>
<DELETED>    ``(ii) in water at least 200
meters in depth.</DELETED>
<DELETED>    ``(B) Minimum distance and depth.--
</DELETED>
<DELETED>    ``(i) In general.--Except as
provided in subparagraph (C), if the operator
of a vessel is unable to conduct ballast water
exchange in accordance with subparagraph (A),
the ballast water exchange shall be conducted
in water that is--</DELETED>
<DELETED>    ``(I) as far as possible
from land;</DELETED>
<DELETED>    ``(II) at least 50
nautical miles from land; and</DELETED>
<DELETED>    ``(III) in water of at
least 200 meters in depth.</DELETED>
<DELETED>    ``(ii) Limitation.--The operator
of a vessel may not conduct ballast water
exchange in accordance with clause (i) in any
area with respect to which the Secretary has
determined, after consultation with the
Administrators of the Environmental Protection
Agency and the National Oceanic and Atmospheric
Administration, that ballast water exchange in
the area will have an adverse impact,
notwithstanding the fact that the area meets
the distance and depth criteria of clause
(i).</DELETED>
<DELETED>    ``(C) Exchange in designated area.--
</DELETED>
<DELETED>    ``(i) In general.--If the operator
of a vessel is unable to conduct ballast water
exchange in accordance with subparagraph (B),
the operator of the vessel may conduct ballast
water exchange in an area that does not meet
the distance and depth criteria of subparagraph
(B) in such areas as may be designated by the
Administrator of the National Oceanic and
Atmospheric Administration, determined in
consultation with the Secretary and the
Administrator of the Environmental Protection
Agency, for that purpose.</DELETED>
<DELETED>    ``(ii) Charting.--The
Administrator of the National Oceanic and
Atmospheric Administration, in consultation
with the Secretary, shall designate such areas
on nautical charts.</DELETED>
<DELETED>    ``(iii) Limitation.--The
Administrator may not designate an area under
clause (i) if a ballast water exchange in that
area could have an adverse impact, as
determined by the Secretary in consultation
with the Administrator of the Environmental
Protection Agency.</DELETED>
<DELETED>    ``(D) Safety or stability exception.--
</DELETED>
<DELETED>    ``(i) In general.--Subparagraphs
(A), (B), and (C) do not apply to the discharge
or uptake of ballast water if the master of a
vessel determines that compliance with
subparagraph (A), (B), or (C), whichever
applies, would threaten the safety or stability
of the vessel, its crew, or its passengers
because of adverse weather, ship design or
stress, equipment failure, or any other
relevant condition.</DELETED>
<DELETED>    ``(ii) Notification required.--
Whenever the master of a vessel conducts a
ballast water discharge or uptake under the
exception described in clause (i), the master
of the vessel shall notify the Secretary as
soon as practicable thereafter but no later
than 24 hours after the ballast water discharge
or uptake commenced.</DELETED>
<DELETED>    ``(iii) Limitation on volume.--The
volume of any ballast water taken up or
discharged under the exception described in
clause (i) may not exceed the volume necessary
to ensure the safe operation of the
vessel.</DELETED>
<DELETED>    ``(iv) Review of circumstances.--
If the master of a vessel conducts a ballast
water discharge or uptake under the exception
described in clause (i) on more than 2 out of 6
sequential voyages, the Secretary shall review
the circumstances to determine whether those
ballast water discharges or uptakes met the
requirements of this subparagraph. The review
under this clause shall be in addition to any
other enforcement activity by the
Secretary.</DELETED>
<DELETED>    ``(E) Inability to comply with exchange
area requirements.--</DELETED>
<DELETED>    ``(i) Deviation or delay of
voyage.--In determining the ability of the
operator of a vessel to conduct ballast water
exchange in accordance with the requirements of
subparagraph (A) or (B), a vessel is not
required to deviate from its intended voyage or
unduly delay its voyage to comply with those
requirements.</DELETED>
<DELETED>    ``(ii) Partial compliance.--An
operator of a vessel that is unable to comply
fully with the requirements of subparagraph (A)
or (B), shall conduct ballast water exchange to
the maximum extent feasible in compliance with
those subparagraphs.</DELETED>
<DELETED>    ``(F) Special rule for the great lakes.--
This paragraph does not apply to vessels subject to the
regulations under paragraph (2).</DELETED>
<DELETED>    ``(f) Ballast Water Treatment Requirements.--</DELETED>
<DELETED>    ``(1) In general.--Subject to the implementation
schedule in paragraph (3), before discharging ballast water in
waters subject to the jurisdiction of the United States a
vessel to which this section applies shall conduct ballast
water treatment so that the ballast water discharged will
contain--</DELETED>
<DELETED>    ``(A) less than 0.1 living organisms per
cubic meter that are 50 or more micrometers in minimum
dimension;</DELETED>
<DELETED>    ``(B) less than 0.1 living organisms per
milliliter that are less than 50 micrometers in minimum
dimension and more than 10 micrometers in minimum
dimension;</DELETED>
<DELETED>    ``(C) concentrations of indicator microbes
that are less than--</DELETED>
<DELETED>    ``(i) 1 colony-forming unit of
Toxicogenic vibrio cholera (O1 and O139) per
100 milliliters, or less than 1 colony-forming
unit of that microbe per gram of wet weight of
zoological samples;</DELETED>
<DELETED>    ``(ii) 126 colony-forming units of
escherichi coli per 100 milliliters;
and</DELETED>
<DELETED>    ``(iii) 33 colony-forming units of
intestinal enterococci per 100 milliliters;
and</DELETED>
<DELETED>    ``(D) concentrations of such indicator
microbes as may be specified in regulations promulgated
by the Secretary that are less than the amount
specified in those regulations.</DELETED>
<DELETED>    ``(2) Reception facility exception.--Paragraph (1)
does not apply to a vessel that discharges ballast water into a
reception facility that meets standards prescribed by the
Secretary, in consultation with the Administrator of the
Environmental Protection Agency, for the reception of ballast
water that provide for the reception of ballast water and its
disposal or treatment in a way that does not impair or damage
the environment, human health, property, or resources. The
Secretary may not prescribe such standards that are less
stringent than any otherwise applicable Federal, State, or
local law requirements.</DELETED>
<DELETED>    ``(3) Implementation schedule.--Paragraph (1)
applies to vessels in accordance with the following
schedule:</DELETED>
<DELETED>    ``(A) First phase.--Beginning January 1,
2009, for vessels constructed on or after that date
with a ballast water capacity of less than 5,000 cubic
meters.</DELETED>
<DELETED>    ``(B) Second phase.--Beginning January 1,
2012, for vessels constructed on or after that date
with a ballast water capacity of 5,000 cubic meters or
more.</DELETED>
<DELETED>    ``(C) Third phase.--Beginning January 1,
2014, for vessels constructed before January 1, 2009,
with a ballast water capacity of 1,500 cubic meters or
more but not more than 5,000 cubic meters.</DELETED>
<DELETED>    ``(D) Fourth phase.--Beginning January 1,
2016, for vessels constructed--</DELETED>
<DELETED>    ``(i) before January 1, 2009, with
a ballast water capacity of less than 1,500
cubic meters or 5,000 cubic meters or more;
or</DELETED>
<DELETED>    ``(ii) on or after January 1,
2009, and before January 1, 2012, with a
ballast water capacity of 5,000 cubic meters or
more.</DELETED>
<DELETED>    ``(4) Review of standards.--</DELETED>
<DELETED>    ``(A) In general.--In December, 2012, and
in every third year thereafter, the Secretary shall
review the treatment standards established in paragraph
(1) of this subsection to determine, in consultation
with the Administrator of the National Oceanic and
Atmospheric Administration and the Administrator of the
Environmental Protection Agency, if the standards
should be revised to reduce the amount of organisms or
microbes allowed to be discharged using the best
available technology economically available. The
Secretary shall revise such standards as necessary by
regulation.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(5) Delay of application for vessel
participating in promising technology evaluations.--</DELETED>
<DELETED>    ``(A) In general.--If a vessel
participates in a program approved by the Secretary to
test and evaluate promising ballast water treatment
technologies with the potential to result in treatment
technologies achieving a standard that is the same as
or more stringent than the standard that applies under
paragraph (1) before the first date on which paragraph
(1) applies to that vessel, the Secretary may postpone
the date on which paragraph (1) would otherwise apply
to that vessel for not more than 5 years.</DELETED>
<DELETED>    ``(B) Vessel diversity.--The Secretary--
</DELETED>
<DELETED>    ``(i) shall seek to ensure that a
wide variety of vessel types and voyages are
included in the program; but</DELETED>
<DELETED>    ``(ii) may not grant a delay under
this paragraph to more than 1 percent of the
vessels to which subparagraph (A), (B), (C), or
(D) of paragraph (3) applies.</DELETED>
<DELETED>    ``(C) Termination of postponement.--The
Secretary may terminate the 5-year postponement period
if participation of the vessel in the program is
terminated without the consent of the
Secretary.</DELETED>
<DELETED>    ``(6) Feasibility review.--</DELETED>
<DELETED>    ``(A) In general.--Not less than 2 years
before the date on which paragraph (1) applies to
vessels under each subparagraph of paragraph (3), the
Secretary shall complete a review to determine whether
appropriate technologies are available to achieve the
standards set forth in paragraph (1) for the vessels to
which they apply under the schedule set forth in
paragraph (3).</DELETED>
<DELETED>    ``(B) Delay in scheduled application.--If
the Secretary determines, on the basis of the review
conducted under subparagraph (A), that compliance with
the standards set forth in paragraph (1) in accordance
with the schedule set forth in any subparagraph of
paragraph (3) is not feasible, the Secretary shall--
</DELETED>
<DELETED>    ``(i) extend the date on which
that subparagraph first applies to vessels for
a period of not more than 36 months;
and</DELETED>
<DELETED>    ``(ii) recommend action to ensure
that compliance with the extended date schedule
for that subparagraph is achieved.</DELETED>
<DELETED>    ``(7) 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. The Secretary
shall promulgate regulations establishing a process for such
approval.</DELETED>
<DELETED>    ``(g) Warnings Concerning Ballast Water Uptake.--
</DELETED>
<DELETED>    ``(1) In general.--The Secretary shall notify
mariners of any area in waters subject to the jurisdiction of
the United States in which vessels should not uptake ballast
water due to known conditions.</DELETED>
<DELETED>    ``(2) Contents.--The notice shall include--
</DELETED>
<DELETED>    ``(A) the coordinates of the area;
and</DELETED>
<DELETED>    ``(B) if possible, the location of
alternative areas for the uptake of ballast
water.</DELETED>
<DELETED>    ``(h) Sediment Management.--</DELETED>
<DELETED>    ``(1) In general.--The operator of a vessel to
which this section applies may not remove or dispose of
sediment from spaces designed to carry ballast water except in
accordance with this subsection and the ballast water
management plan required under subsection (c).</DELETED>
<DELETED>    ``(2) Design requirements.--</DELETED>
<DELETED>    ``(A) New vessels.--No person may remove
and dispose of such sediment from a vessel to which
this section applies in waters subject to the
jurisdiction of the United States that is constructed
on or after January 1, 2009, unless the vessel is
designed and constructed in a manner that--</DELETED>
<DELETED>    ``(i) minimizes the uptake and
entrapment of sediment;</DELETED>
<DELETED>    ``(ii) facilitates removal of
sediment; and</DELETED>
<DELETED>    ``(iii) provides for safe access
for sediment removal and sampling.</DELETED>
<DELETED>    ``(B) Existing vessels.--The operator of a
vessel to which this section applies that was
constructed before January 1, 2009, may not remove and
dispose of such sediment in waters subject to the
jurisdiction of the United States unless--</DELETED>
<DELETED>    ``(i) the vessel has been
modified, to the extent practicable and in
accordance with regulations promulgated by the
Secretary, to achieve the objectives described
in clauses (i), (ii), and (iii) of subparagraph
(A); or</DELETED>
<DELETED>    ``(ii) the removal and disposal of
the sediment is conducted in such a manner as
to achieve those objectives to the greatest
extent practicable and in accordance with those
regulations.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(3) Sediment reception facilities.--</DELETED>
<DELETED>    ``(A) Standards.--The Administrator of the
Environmental Protection Agency in consultation with
the Secretary, shall promulgate regulations governing
facilities for the reception of vessel sediment from
spaces designed to carry ballast water that provide for
the disposal of such sediment in a way that does not
impair or damage the environment, human health, or
property or resources of the disposal area. The
Administrator may not prescribe standards under this
subparagraph that are less stringent than any otherwise
applicable Federal, State, or local law
requirements.</DELETED>
<DELETED>    ``(B) Designation.--The Secretary shall
designate facilities for the reception of vessel
sediment that meet the requirements of the regulations
promulgated under subparagraph (A) at ports and
terminals where ballast tanks are cleaned or
repaired.</DELETED>
<DELETED>    ``(i) Examinations and Certifications.--</DELETED>
<DELETED>    ``(1) Initial examination.--</DELETED>
<DELETED>    ``(A) In general.--The Secretary shall
examine vessels to which this section applies to
determine whether--</DELETED>
<DELETED>    ``(i) there is a ballast water
management plan for the vessel; and</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(B) New vessels.--For vessels
constructed on or after January 1, 2009, the Secretary
shall conduct the examination required by subparagraph
(A) before the vessel is placed in service.</DELETED>
<DELETED>    ``(C) Existing vessels.--For vessels
constructed before January 1, 2009, the Secretary
shall--</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(ii) inspect the vessel's
ballast water record book required by
subsection (d).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(3) Inspection authority.--In order to carry out
the provisions of this section, the Secretary may take ballast
water samples at any time on any vessel to which this section
applies to ensure its compliance with this Act.</DELETED>
<DELETED>    ``(4) Required certificate.--</DELETED>
<DELETED>    ``(A) In general.--If, on the basis of an
initial examination under paragraph (1) the Secretary
finds that a vessel complies with the requirements of
this section and the regulations promulgated hereunder,
the Secretary shall issue a certificate under this
paragraph as evidence of such compliance. The
certificate shall be valid for a period of not more
than 5 years, as specified by the Secretary. The
certificate or a true copy shall be maintained on board
the vessel.</DELETED>
<DELETED>    ``(B) Foreign certificates.--The Secretary
may treat a certificate issued by a foreign government
as a certificate issued under subparagraph (A) if the
Secretary determines that the standards used by the
issuing government are equivalent to or more stringent
than the standards used by the Secretary under
subparagraph (A).</DELETED>
<DELETED>    ``(5) Notification of violations.--If the
Secretary finds, on the basis of an examination under paragraph
(1) or (2), sampling under paragraph (3), or any other
information, that a vessel is being operated in violation of
the requirements of this section and the regulations
promulgated hereunder, the Secretary shall--</DELETED>
<DELETED>    ``(A) notify--</DELETED>
<DELETED>    ``(i) the master of the vessel;
and</DELETED>
<DELETED>    ``(ii) the captain of the port at
the vessel's next port of call; and</DELETED>
<DELETED>    ``(B) take such other action as may be
appropriate.</DELETED>
<DELETED>    ``(j) Detention of Vessels.--</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(A) the vessel is a vessel to which this
section applies;</DELETED>
<DELETED>    ``(B) the vessel does not comply with the
requirements of this section or of the regulations
issued hereunder or is being operated in violation of
such requirements; and</DELETED>
<DELETED>    ``(C) the vessel is about to leave a place
in the United States.</DELETED>
<DELETED>    ``(2) Clearance.--</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(B) Withdrawal.--If the Secretary finds
that a vessel detained under paragraph (1) has received
a clearance under section 4197 of the Revised Statutes
(46 U.S.C. App. 91) before it was detained under
paragraph (1), the Secretary shall request the
Secretary of the Treasury to withdraw the clearance.
Upon request of the Secretary, the Secretary of the
Treasury shall withhold or revoke the
clearance.</DELETED>
<DELETED>    ``(k) Sanctions.--</DELETED>
<DELETED>    ``(1) Civil penalties.--Any person who violates a
regulation promulgated under this section shall be liable for a
civil penalty in an amount not to exceed $25,000. Each day of a
continuing violation constitutes a separate violation. A vessel
operated in violation of the regulations is liable in rem for
any civil penalty assessed under this subsection for that
violation.</DELETED>
<DELETED>    ``(2) Criminal penalties.--Any person who
knowingly violates the regulations promulgated under this
section is guilty of a class C felony.</DELETED>
<DELETED>    ``(3) Revocation of clearance.--Except as provided
in subsection (j)(2), upon request of the Secretary, the
Secretary of the Treasury shall withhold or revoke the
clearance of a vessel required by section 4197 of the Revised
Statutes (46 U.S.C. App. 91), if the owner or operator of that
vessel is in violation of the regulations issued under this
section.</DELETED>
<DELETED>    ``(4) Exception to sanctions.--This subsection
does not apply to a failure to exchange ballast water if--
</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(B) the recordkeeping and reporting
requirements of the Act are complied with.</DELETED>
<DELETED>    ``(l) Consultation with Canada, Mexico, and Other Foreign
Governments.--In developing the guidelines issued and regulations
promulgated under this section, the Secretary is encouraged to consult
with the Government of Canada, the Government of Mexico, and any other
government of a foreign country that the Secretary, in consultation
with the Task Force, determines to be necessary to develop and
implement an effective international program for preventing the
unintentional introduction and spread of nonindigenous
species.</DELETED>
<DELETED>    ``(m) International Cooperation.--The Secretary, in
cooperation with the International Maritime Organization of the United
Nations and the Commission on Environmental Cooperation established
pursuant to the North American Free Trade Agreement, is encouraged to
enter into negotiations with the governments of foreign countries to
develop and implement an effective international program for preventing
the unintentional introduction and spread of nonindigenous species. The
Secretary is particularly encouraged to seek bilateral or multilateral
agreements with Canada, Mexico, and other nations in the Wider
Caribbean (as defined in the Convention for the Protection and
Development of the Marine Environment of the Wider Caribbean (Cartagena
Convention) under this section.</DELETED>
<DELETED>    ``(n) Non-Discrimination.--The Secretary shall ensure that
vessels registered outside of the United States do not receive more
favorable treatment than vessels registered in the United States when
the Secretary performs studies, reviews compliance, determines
effectiveness, establishes requirements, or performs any other
responsibilities under this Act.</DELETED>
<DELETED>    ``(o) Support for Federal Ballast Water Demonstration
Project.--In addition to amounts otherwise available to the Maritime
Administration, the National Oceanographic and Atmospheric
Administration, and the United States Fish and Wildlife Service for the
Federal Ballast Water Demonstration Project, the Secretary shall
provide support for the conduct and expansion of the project, including
grants for research and development of innovative technologies for the
management, treatment, and disposal of ballast water and sediment, for
ballast water exchange, and for other vessel vectors of invasive
aquatic species such as hull fouling. There are authorized to be
appropriated to the Secretary $25,000,000 for each fiscal year to carry
out this subsection.</DELETED>
<DELETED>    ``(p) Consultation With Task Force.--The Secretary shall
consult with the Task Force in carrying out this section.</DELETED>
<DELETED>    ``(q) Preemption.--Notwithstanding any other provision of
law, the provisions of subsections (e) and (f) (other than subsection
(f)(2)) supersede any provision of State or local law determined by the
Secretary to be inconsistent with the requirements of that subsection
or to conflict with the requirements of that subsection.</DELETED>
<DELETED>    ``(r) Regulations.--The Secretary may issue such
regulations as may be necessary to carry out this section and the terms
defined in section 1003 that are used in this section.''.</DELETED>
<DELETED>    (b) Definitions.--Section 1003 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is
amended--</DELETED>
<DELETED>    (1) by redesignating--</DELETED>
<DELETED>    (A) paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;</DELETED>
<DELETED>    (B) paragraphs (4), (5), (6), (7), and (8)
as paragraphs (8), (9), (10), (11), and (12),
respectively;</DELETED>
<DELETED>    (C) paragraphs (9) and (10) as paragraphs
(14) and (15) respectively;</DELETED>
<DELETED>    (D) paragraphs (11) and (12) as paragraphs
(17) and (18), respectively;</DELETED>
<DELETED>    (E) paragraphs (13), (14), and (15) as
paragraphs (20), (21), and (22),
respectively;</DELETED>
<DELETED>    (F) paragraph (16) as paragraph (26);
and</DELETED>
<DELETED>    (G) paragraph (17) as paragraph (23) and
inserting it after paragraph (22), as
redesignated;</DELETED>
<DELETED>    (2) by inserting before paragraph (2), as
redesignated, the following:</DELETED>
<DELETED>    ``(1) `adverse impact' means the direct or
indirect result or consequence of an event or process that--
</DELETED>
<DELETED>    ``(A) creates a hazard to the environment,
human health, property, or a natural
resource;</DELETED>
<DELETED>    ``(B) impairs biological diversity;
or</DELETED>
<DELETED>    ``(C) interferes with the legitimate use
of waters subject to the jurisdiction of the United
States;'';</DELETED>
<DELETED>    (3) by striking paragraph (4), as redesignated,
and inserting the following:</DELETED>
<DELETED>    ``(4) `ballast water'--</DELETED>
<DELETED>    ``(A) means water taken on board a vessel
to control trim, list, draught, stability, or stresses
of the vessel, including matter suspended in such
water; but</DELETED>
<DELETED>    ``(B) does not include potable or
technical water that does not contain harmful aquatic
organisms or pathenogens that is taken on board a
vessel and used for a purpose described in subparagraph
(A) if such potable or technical water is discharged in
compliance with section 312 of the Clean Water Act (33
U.S.C. 1322);'';</DELETED>
<DELETED>    (4) by inserting after paragraph (4) the
following:</DELETED>
<DELETED>    ``(5) `ballast water capacity' means the total
volumetric capacity of any tanks, spaces, or compartments on a
vessel that is used for carrying, loading, or discharging
ballast water, including any multi-use tank, space, or
compartment designed to allow carriage of ballast
water;</DELETED>
<DELETED>    ``(6) `ballast water management' means mechanical,
physical, chemical, and biological processes used, either
singularly or in combination, to remove, render harmless, or
avoid the uptake or discharge of harmful aquatic organisms and
pathogens within ballast water and sediment;</DELETED>
<DELETED>    ``(7) `constructed' means a state of construction
of a vessel at which--</DELETED>
<DELETED>    ``(A) the keel is laid;</DELETED>
<DELETED>    ``(B) construction identifiable with the
specific vessel begins;</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(D) the vessel undergoes a major
conversion;'';</DELETED>
<DELETED>    (5) by inserting after paragraph (12), as
redesignated, the following:</DELETED>
<DELETED>    ``(13) `harmful aquatic organisms and pathogens'
means aquatic organisms or pathogens that have been determined
by the Secretary, after consultation with the Administrator of
the National Oceanographic and Atmospheric Administration and
the Administrator of the Environmental Protection Agency, to
cause an adverse impact if introduced into the waters subject
to the jurisdiction of the United States;'';</DELETED>
<DELETED>    (6) by inserting after paragraph (15), as
redesignated, the following:</DELETED>
<DELETED>    ``(16) `major conversion' means a conversion of a
vessel, that--</DELETED>
<DELETED>    ``(A) changes its ballast water carrying
capacity by at least 15 percent;</DELETED>
<DELETED>    ``(B) changes the vessel class;</DELETED>
<DELETED>    ``(C) is projected to prolong the vessel's
life by at least 10 years (as determined by the
Secretary); or</DELETED>
<DELETED>    ``(D) results in modifications to the
vessel's ballast water system, except--</DELETED>
<DELETED>    ``(i) component replacement-in-
kind; or</DELETED>
<DELETED>    ``(ii) conversion of a vessel to
meet the requirements of section
1101(e);'';</DELETED>
<DELETED>    (7) by inserting after paragraph (18), as
redesignated, the following:</DELETED>
<DELETED>    ``(19) `sediment' means matter that has settled
out of ballast water within a vessel;'';</DELETED>
<DELETED>    (8) by inserting after paragraph (23), as
redesignated, the following:</DELETED>
<DELETED>    ``(24) `United States port' means a port, river,
harbor, or offshore terminal under the jurisdiction of the
United States, including ports located in Puerto Rico, Guam,
the Northern Marianas, and the United States Virgin
Islands;</DELETED>
<DELETED>    ``(25) `vessel of the Armed Forces' means--
</DELETED>
<DELETED>    ``(A) any vessel owned or operated by the
Department of Defense, other than a time or voyage
chartered vessel; and</DELETED>
<DELETED>    ``(B) any vessel owned or operated by the
Department of Homeland Security that is designated by
the Secretary of the department in which the Coast
Guard is operating as a vessel equivalent to a vessel
described in subparagraph (A);''; and</DELETED>
<DELETED>    (9) by inserting after paragraph (26), as
redesignated, the following:</DELETED>
<DELETED>    ``(27) `waters subject to the jurisdiction of the
United States' means navigable waters and the territorial sea
of the United States, the exclusive economic zone, and the
Great Lakes.''.</DELETED>
<DELETED>    (c) Great Lakes Regulations.--Until vessels described in
section 1101(e)(2) of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711(e)(2)), as amended by this Act, are
required to conduct ballast water treatment in accordance with the
requirements of section 1101(f) of that Act (16 U.S.C. 1101(f)), as
amended by this Act, the regulations promulgated by the Secretary of
Transportation under section 1101 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711), as such
regulations were in effect on the day before the date of enactment of
this Act, shall remain in full force and effect for, and shall continue
to apply to, such vessels.</DELETED>

<DELETED>SEC. 4. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 1301(a) of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4741(a)) is amended--
</DELETED>
<DELETED>    (1) by striking ``and'' after the semicolon in
paragraph (4)(B);</DELETED>
<DELETED>    (2) by striking ``1102(f).'' in paragraph (5)(B)
and inserting ``1102(f); and''; and</DELETED>
<DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(6) $10,000,000 for each of fiscal years 2006
through 2010 to the Secretary to carry out section
1101.''.</DELETED>

<DELETED>SEC. 5. COAST GUARD REPORT ON OTHER VESSEL-RELATED VECTORS OF
INVASIVE SPECIES.</DELETED>

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Ballast Water Management Act of
2005''.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) The introduction of aquatic invasive species into the
Nation's waters is one of the most urgent issues facing aquatic
ecosystems in the United States.
(2) The direct and indirect costs of aquatic invasive
species to the economy of the United States have been estimated
at billions of dollars per year.
(3) Invasive species are thought to have been involved in
70 percent of the last century's extinctions of native aquatic
species.
(4) Aquatic invasive species are a significant problem
throughout the United States, including Hawaii, Alaska, San
Francisco Bay, the Great Lakes, the Southeast, and the
Chesapeake Bay.
(5) Ballast water from ships is one of the largest pathways
for the introduction and spread of aquatic invasive species.
(6) It has been estimated that some 10,000 non-indigenous
aquatic species travel around the globe each day in the ballast
water of cargo ships.
(7) Over 2 billion gallons of ballast water are discharged
in United States waters each year.
(8) Ballast water has been found to transport not only
invasive plants and animals but pathogens as well, such as
cholera.
(9) Aquatic invasive species may also be introduced by
other vessel conduits, including the hulls of ships.
(10) Aquatic invasive species may be transferred from other
countries, or from distinct regions in the United States.
(11) Current Federal programs are insufficient to
effectively address this growing problem.
(12) Preventing aquatic invasive species from being
introduced is the most cost-effective approach for addressing
this issue because, once established, they are costly and
sometimes impossible to control.
(13) 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 invasive species
through the control and management of ballast water and
sediments.
(14) 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.

SEC. 3. BALLAST WATER MANAGEMENT.

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

``SEC. 1101. BALLAST WATER MANAGEMENT.

``(a) Vessels to Which This Section Applies.--
``(1) In general.--Except as provided in paragraphs (2),
(3), and (4), 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.
``(2) Permanent ballast water vessels.--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.
``(3) Armed forces vessels.--
``(A) Exemption.--Except as provided in
subparagraph (B), this section does not apply to a
vessel of the Armed Forces.
``(B) Ballast water management program.--The
Secretary of Defense and the Secretary of Homeland
Security, after consultation with the Administrator,
the Under Secretary of Commerce for Oceans and
Atmosphere, and 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).
``(4) Special rule for small recreational vessels.--In
applying this section to recreational 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 requirements of this section.
``(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
invasive 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; and
``(vi) 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.
``(e) Ballast Water Exchange Requirements.--
``(1) In general.--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 except after --
``(A) conducting ballast water exchange, in
accordance with regulations prescribed by the
Secretary, in a manner that results in an efficiency of
at least 95 percent volumetric exchange of the ballast
water for each ballast water tank;
``(B) using ballast water treatment that meets the
performance standards of subsection (f); or
``(C) using environmentally-sound alternative
ballast water treatment, if the Secretary determines
that such treatment is at least as effective as the
ballast water exchange required by subparagraph (A) in
preventing and controlling infestation of aquatic
invasive species.
``(1A) Guidance; 5-year usage.--
``(A) Guidance.--Within 1 year after the date of
enactment of the Ballast Water Management Act of 2005,
the Secretary shall develop guidance on technology that
may be used to under paragraph (1)(C).
``(B) 5-year usage.--If the Secretary accelerates
the schedule under subsection (f)(5)(C) for
implementation of the treatment technology required
under subsection (f), the Secretary shall allow a
vessel using environmentally-sound alternative ballast
water treatment under paragraph (1)(C) to continue to
use that treatment for 5 years after the date on which
the environmentally-sound alternative ballast water
treatment was first placed in service on the vessel.
``(2) 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.--The operator of a vessel
originating from a port or place within the United
States exclusive economic zone, 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, 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.
``(3) Safety or stability exception.--
``(A) In general.--Paragraphs (1) and (2) do not
apply to the discharge of ballast water if the master
of a vessel determines that compliance with those
paragraphs 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.
``(B) Notification required.--Whenever the master
of a vessel is unable to comply with the requirements
of paragraphs (1) and (2) because of a determination
made under subparagraph (A), 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
Administrator, the Undersecretary, and
representatives of States the waters of
which would be affected by the
discharge of ballast water; or
``(II) undertake discharge of
ballast water in accordance with
paragraph (5) if safety or stability
concerns prevent undertaking ballast
water exchange in the alternative area.
``(C) 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.
``(4) 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 (2)(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 (5). 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 (2)(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).
``(5) Permissable discharge.--
``(A) In general.--The discharge of 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 the Administrator
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.
``(6) Partial compliance.--The operator of a vessel that is
unable to comply fully with the requirements of paragraphs (1)
and (2)--
``(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)(B).
``(7) Special rules for vessels in the great lakes.--Until
vessels described in subsection (e)(6) are required to conduct
ballast water treatment in accordance with the requirements of
subsection (f), the regulations promulgated by the Secretary of
Transportation under this section, as such regulations and
section were in effect on the day before the date of enactment
of the Ballast Water Management Act of 2005, shall remain in
full force and effect for, and shall continue to apply to, such
vessels.
``(8) Certain geographically limited routes.--
Notwithstanding paragraph (2)(B) of this subsection, the
operator of a vessel is not required to comply with the
requirements of paragraph (2)(B)--
``(A) if the vessel operates exclusively--
``(i) within Lake Superior, Lake Michigan,
Lake Huron, and Lake Erie and the connecting
channels; or
``(ii) between or among the main group of
the Hawaiian Islands; or
``(B) if the vessel operates exclusively within any
area with respect to which the Secretary has
determined, after consultation with the Undersecretary,
the Administrator, and representatives of States the
waters of which would be affected by the discharge of
ballast water, that the risk of introducing aquatic
invasive species through ballast water discharge in the
areas in which the vessel operates is insignificant.
``(9) Marine sanctuaries and other prohibited areas.--A
vessel may not conduct ballast water exchange or discharge
unexchanged ballast water under this subsection within a marine
sanctuary designated under title III of the National Marine
Sanctuaries Act (16 U.S.C. 1431 et seq.) or in any other waters
designated by the Secretary after consultation with the
Undersecretary and the Administrator.
``(10) Regulations deadline.--The Secretary shall issue a
final rule for regulations required by this subsection within 1
year after the date of enactment of the Ballast Water
Management Act of 2005.
``(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 as may be specified in regulations promulgated
by the Secretary, after consultation with the
Environmental Protection Agency, 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--
``(i) a land-based facility for the
reception of ballast water that meets standards
prescribed by the Administrator; or
``(ii) a water-based facility for the
reception of ballast water that meets standards
prescribed by the Secretary.
``(B) Promulgation of standards.--Within 1 year
after the date of enactment of the Ballast Water
Management Act of 2005, the Administrator and the
Secretary, respectively, shall promulgate standards
for--
``(i) the reception of ballast water in
land-based and water-based reception
facilities; and
``(ii) the disposal or treatment of such
ballast water in a way that does not impair or
damage the environment, human health, property,
or resources.
``(3) Implementation schedule.--Paragraph (1) applies to
vessels in accordance with the following schedule:
``(A) First phase.--Beginning January 1, 2009, for
vessels constructed on or after that date with a
ballast water capacity of less than 5,000 cubic meters.
``(B) Second phase.--Beginning January 1, 2012, for
vessels constructed on or after that date with a
ballast water capacity of 5,000 cubic meters or more.
``(C) Third phase.--Beginning January 1, 2014, for
vessels constructed before January 1, 2009, with a
ballast water capacity of 1,500 cubic meters or more
but not more than 5,000 cubic meters.
``(D) Fourth phase.--Beginning January 1, 2016, for
vessels constructed--
``(i) before January 1, 2009, with a
ballast water capacity of less than 1,500 cubic
meters or 5,000 cubic meters or more; or
``(ii) on or after January 1, 2009, and
before January 1, 2012, with a ballast water
capacity of 5,000 cubic meters or more.
``(4) 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. The Secretary shall promulgate
regulations establishing a process for such approval, after
consultation with the Administrator, within 1 year after the
date of enactment of the Ballast Water Management Act of 2005.
``(5) Feasibility review.--
``(A) In general.--Not less than 2 years before the
date on which paragraph (1) applies to vessels under
each subparagraph of paragraph (3), or as that date may
be extended under this paragraph, the Secretary shall
complete a review to determine whether appropriate
technologies are available to achieve the standards set
forth in paragraph (1) for the vessels to which they
apply under the schedule set forth in paragraph (3). In
reviewing the technologies the Secretary, after
consultation with the Administrator, shall consider--
``(i) the effectiveness of a technology in
achieving the standards;
``(ii) feasibility in terms of
compatibility with ship design and operations;
``(iii) safety considerations;
``(iv) whether a technology has an adverse
impact on the environment; and
``(v) cost effectiveness.
``(B) Delay in scheduled application.--If the
Secretary determines, on the basis of the review
conducted under subparagraph (A), that compliance with
the standards set forth in paragraph (1) in accordance
with the schedule set forth in any subparagraph of
paragraph (3) is not feasible for any class of vessels,
the Secretary shall--
``(i) extend the date on which that
subparagraph first applies to vessels for a
period of not more than 24 months; and
``(ii) recommend action to ensure that
compliance with the extended date schedule for
that subparagraph is achieved.
``(C) Higher standards; earlier implementation.--
``(i) Standards.--If the Secretary
determines that ballast water treatment
technology exists that exceeds the performance
standards required under this subsection, the
Secretary shall, for any class of vessels,
revise the performance standards to incorporate
the higher performance standards.
``(ii) Implementation.--If the Secretary
determines that technology that achieves the
applicable performance standards required under
this subsection can be implemented earlier than
required by this subsection, the Secretary
shall, for any class of vessels, accelerate the
implementation schedule under paragraph (3). If
the Secretary accelerates the implementation
schedule pursuant to this clause, the Secretary
shall provide at least 24 months notice before
such accelerated implementation goes into
effect.
``(iii) Determinations not mutually
exclusive.--The Secretary shall take action
under both clause (i) and clause (ii) if the
Secretary makes determinations under both
clauses.
``(6) Delay of application for vessel participating in
promising technology evaluations.--
``(A) In general.--If a vessel participates in a
program approved by the Secretary to test and evaluate
promising ballast water treatment technologies that are
likely to result in treatment technologies achieving a
standard that is the same as or more stringent than the
standard that applies under paragraph (1) before the
first date on which paragraph (1) applies to that
vessel, the Secretary shall allow the vessel to use
that technology for a 10 year period and such vessel
shall be deemed to be in compliance with the
requirements of paragraph (1) during that 10-year
period.
``(B) Vessel diversity.--The Secretary--
``(i) shall seek to ensure that a wide
variety of vessel types and voyages are
included in the program; but
``(ii) may not grant a delay under this
paragraph to more than 5 percent of the vessels
to which subparagraph (A), (B), (C), or (D) of
paragraph (3) applies.
``(C) Termination of grace period.--The Secretary
may terminate the 10-year grace period of a vessel
under subparagraph (A) if participation of the vessel
in the program is terminated without the consent of the
Secretary.
``(D) Annual re-evaluation; termination.--The
Secretary shall establish an annual evaluation process
to determine whether the performance of an approved
technology is sufficiently effective and whether it is
causing harm to the environment. If the Secretary
determines that an approved technology is
insufficiently effective or it causing harm to the
environment, the Secretary shall revoke the approval
granted under subparagraph (D).
``(7) Review of standards.--
``(A) In general.--In December, 2012, and in every
third year thereafter, the Secretary shall review
ballast water treatment standards to determine, after
consultation with the Undersecretary and the
Administrator, if the standards under this subsection
should be revised to reduce the amount of organisms or
microbes allowed to be discharged, taking into account
improvements in the scientific understanding of
biological processes leading to successful invasions of
aquatic invasive species and improvements in ballast
water treatment technology. The Secretary shall revise
by regulation the requirements of 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) High-risk vessels.--
``(A) Vessel list.--Within 1 year after the date of
enactment of the Ballast Water Management Act of 2005,
the Secretary shall initiate a list, in consultation
with States, of vessels that, due to factors such as
the origin of their voyages, the frequency of their
voyages, the volume of ballast water they carry, the
biological makeup of the ballast water, and the fact
that they frequently discharge unexchanged or
improperly exchanged ballast water pursuant to an
exception under subsection (e), pose a relatively high
risk of introducing aquatic invasive species into the
waters of those States.
``(B) Incentive programs.--The Secretary shall--
``(i) give priority to vessels on the list
for participation in pilot programs described
in paragraph (6); and
``(ii) shall encourage Federal and State
technology development programs or other
incentives (whether positive or negative) to
give priority 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.
``(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 should not uptake ballast
water due to known conditions.
``(2) Contents.--The notice shall include--
``(A) the coordinates of the area; and
``(B) if possible, the location of alternative
areas for the uptake of ballast water.
``(h) Sediment Management.--
``(1) In general.--The operator of a vessel to which this
section applies may not remove or dispose of sediment from
spaces designed to carry ballast water except--
``(A) in accordance with this subsection and the
ballast water management plan required under subsection
(c); and
``(B) more than 200 nautical miles from the nearest
point of land or into a reception facility that meets
the requirements of paragraph (3).
``(2) Design requirements.--
``(A) New vessels.--After December 31, 2008, it
shall be unlawful to construct a vessel in the United
States to which this section applies unless that vessel
is designed and constructed, in accordance with
regulations prescribed under subparagraph (C), in a
manner that--
``(i) minimizes the uptake and entrapment
of sediment;
``(ii) facilitates removal of sediment; and
``(iii) provides for safe access for
sediment removal and sampling.
``(B) Existing vessels.--Every vessel to which this
section applies that was constructed before January 1,
2009, shall be modified before January 1, 2009, to the
extent practicable, to achieve the objectives described
in clauses (i), (ii), and (iii) of subparagraph (A).
``(C) Regulations.--The Secretary shall promulgate
regulations establishing design and construction
standards to achieve the objectives of subparagraph (A)
and providing guidance for modifications and practices
under subparagraph (B). The Secretary shall incorporate
the standards and guidance in the regulations governing
the ballast water management plan.
``(3) Sediment reception facilities.--
``(A) Standards.--The 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. The Administrator may not
prescribe standards under this subparagraph that are
less stringent than any otherwise applicable Federal,
State, or local law requirements.
``(B) Designation.--The 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 on or
after January 1, 2009, the Secretary shall conduct the
examination required by subparagraph (A) before the
vessel is placed in service.
``(C) Existing vessels.--For vessels constructed
before January 1, 2009, the Secretary shall--
``(i) conduct the examination required by
subparagraph (A) before the date on which
subsection (f)(1) applies to the vessel
according to the schedule in subsection (f)(3);
and
``(ii) inspect the vessel's ballast water
record book required by subsection (d).
``(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.--The Secretary may carry out
such 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.
``(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 and the regulations promulgated hereunder, the
Secretary shall--
``(A) notify--
``(i) the master of the vessel; and
``(ii) the captain of the port at the
vessel's next port of call; and
``(B) take such other action as may be appropriate.
``(6) Compliance monitoring.--The Secretary shall by
regulation establish sampling procedures to monitor compliance
with the requirements of this section.
``(7) Education and technical assistance programs.--The
Secretary may carry out education and technical assistance
programs and other measures to promote compliance with the
requirements issued under this section.
``(j) Detention of Vessels.--
``(1) In general.--The Secretary, by notice to the owner,
charterer, managing operator, agent, master, or other
individual in charge of a vessel, may detain that vessel if the
Secretary has reasonable cause to believe that--
``(A) the vessel is a vessel to which this section
applies; and
``(B) the vessel does not comply with the
requirements of this section or of the regulations
issued hereunder or is being operated in violation of
such requirements.
``(2) Clearance.--
``(A) In general.--A vessel detained under
paragraph (1) may obtain clearance under section 4197
of the Revised Statutes (46 U.S.C. App. 91) only if the
violation for which it was detained has been corrected.
``(B) Withdrawal.--If the Secretary finds that a
vessel detained under paragraph (1) has received a
clearance under section 4197 of the Revised Statutes
(46 U.S.C. App. 91) before it was detained under
paragraph (1), the Secretary shall withdraw, withhold,
or revoke the clearance.
``(k) Sanctions.--
``(1) Civil penalties.--Any person who violates a
regulation promulgated under this section shall be liable for a
civil penalty in an amount not to exceed $32,500. Each day of a
continuing violation constitutes a separate violation. A vessel
operated in violation of the regulations is liable in rem for
any civil penalty assessed under this subsection for that
violation.
``(2) Criminal penalties.--Any person who knowingly
violates the regulations promulgated under this section is
guilty of a class C felony.
``(3) Revocation of clearance.--Except as provided in
subsection (j)(2), upon request of the Secretary, the Secretary
of the Treasury shall withhold or revoke the clearance of a
vessel required by section 4197 of the Revised Statutes (46
U.S.C. App. 91), if the owner or operator of that vessel is in
violation of the regulations issued under this section.
``(4) Exception to sanctions.--
``(A) In general.--This subsection does not apply
to a failure to exchange ballast water if--
``(i) 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
``(ii) the recordkeeping and reporting
requirements of the Act are complied with.
``(B) Great lakes.--This paragraph does not apply
to vessels operating in the Great Lakes.
``(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.
``(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 invasive species.
``(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 invasive species. The Secretary is particularly
encouraged to seek bilateral or multilateral agreements with Canada,
Mexico, and other nations in the Wider Caribbean (as defined in the
Convention for the Protection and Development of the Marine Environment
of the Wider Caribbean (Cartagena Convention) under this section.
``(o) Non-Discrimination.--The Secretary shall ensure that vessels
registered outside of the United States do not receive more favorable
treatment than vessels registered in the United States when the
Secretary performs studies, reviews compliance, determines
effectiveness, establishes requirements, or performs any other
responsibilities under this Act.
``(p) Support for Federal Ballast Water Demonstration Project.--In
addition to amounts otherwise available to the Maritime Administration,
the National Oceanographic and Atmospheric Administration, and the
United States Fish and Wildlife Service for the Federal Ballast Water
Demonstration Project, the Secretary shall provide support for the
conduct and expansion of the project, including grants for research and
development of innovative technologies for the management, treatment,
and disposal of ballast water and sediment, for ballast water exchange,
and for other vessel vectors of aquatic invasive species such as hull-
fouling. There are authorized to be appropriated to the Secretary
$5,000,000 for each of fiscal years 2006 through 2010 to carry out this
subsection.
``(q) Consultation With Task Force.--The Secretary shall consult
with the Task Force in carrying out this section.
``(r) Preemption.--
``(1) In general.--Except as provided in paragraph (2) but
notwithstanding any other provision of law, the provisions of
subsections (e) and (f) supersede any provision of State or
local law that is inconsistent with the requirements of those
subsections or that conflicts with the requirements of those
subsections. The imposition, by State or local law, of greater
penalties or fees for acts or omissions that are violations of
such law and also violations of this Act shall not be
considered to be inconsistent with, or to conflict with, the
requirements of those subsections. Nothing in the preceding
sentence limits the scope of State or local law provisions that
are not to be considered to be inconsistent with, or to
conflict with, the requirements of those subsections
``(2) Reception facilities.--The standards prescribed by
the Administrator or the Secretary 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 Federal authority for addressing aquatic invasive
species in ballast water or sediment. If there is a conflict
between any otherwise applicable provision of Federal law and
the requirements of this section, the provisions of this
section shall control to the extent that such requirements
relate to vessels with respect to aquatic invasive species in
ballast water or sediment.
``(s) Regulations.--
``(1) In general.--The Secretary, after consultation with
the Administrator, 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 2005.
``(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, or by the
Administrator, in the United States Circuit Court of
Appeals for the Federal judicial district in which that
person resides or transacts business which is directly
affected by that regulation only if that action is
filed within--
``(i) 120 days after the date on which the
regulation is promulgated; or
``(ii) more than 120 days after that date
if the action is based on grounds that arose
after that 120-day period.
``(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.''.
(b) Definitions.--Section 1003 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is
amended--
(1) by redesignating--
(A) paragraphs (1), (2), and (3) as paragraphs (2),
(3), and (4), respectively;
(B) paragraphs (4), (5), (6), (7), and (8) as
paragraphs (8), (9), (10), (11), and (12),
respectively;
(C) paragraphs (9) and (10) as paragraphs (13) and
(14) respectively;
(D) paragraphs (11) and (12) as paragraphs (16) and
(17), respectively;
(E) paragraphs (13), (14), and (15) as paragraphs
(19), (20), and (21), respectively;
(F) paragraph (16) as paragraph (25); and
(G) paragraph (17) as paragraph (22) and inserting
it after paragraph (21), as redesignated;
(2) by striking ``nuisance'' in paragraph (2), as
redesignated, and inserting ``invasive'';
(3) by inserting before paragraph (2), as redesignated, the
following:
``(1) `Administrator' means the Administrator of the
Environmental Protection Agency;'';
(4) by striking paragraph (4), as redesignated, and
inserting the following:
``(4) `ballast water'--
``(A) means water taken on board a vessel to
control trim, list, draught, stability, or stresses of
the vessel, including matter suspended in such water;
and
``(B) any water placed into a ballast tank during
cleaning, maintenance, or other operations; but
``(C) does not include water that, at the time of
discharge, does not contain aquatic invasive species
that was taken on board a vessel and used for a purpose
described in subparagraph (A);'';
(5) by inserting after paragraph (4) the following:
``(5) `ballast water capacity' means the total volumetric
capacity of any tanks, spaces, or compartments on a vessel that
is used for carrying, loading, or discharging ballast water,
including any multi-use tank, space, or compartment designed to
allow carriage of ballast water;
``(6) `ballast water management' means mechanical,
physical, chemical, and biological processes used, either
singularly or in combination, to remove, render harmless, or
avoid the uptake or discharge of harmful aquatic organisms and
pathogens within ballast water and sediment;
``(7) `constructed' means a state of construction of a
vessel at which--
``(A) the keel is laid;
``(B) construction identifiable with the specific
vessel begins;
``(C) assembly of the vessel has begun comprising
at least 50 tons or 1 percent of the estimated mass of
all structural material of the vessel, whichever is
less; or
``(D) the vessel undergoes a major conversion;'';
(6) by inserting after paragraph (14), as redesignated, the
following:
``(15) `major conversion' means a conversion of a vessel,
that--
``(A) changes its ballast water carrying capacity
by at least 15 percent;
``(B) changes the vessel class;
``(C) is projected to prolong the vessel's life by
at least 10 years (as determined by the Secretary); or
``(D) results in modifications to the vessel's
ballast water system, except--
``(i) component replacement-in-kind; or
``(ii) conversion of a vessel to meet the
requirements of section 1101(e);'';
(7) by inserting after paragraph (17), as redesignated, the
following:
``(18) `sediment' means matter that has settled out of
ballast water within a vessel;'';
(8) by inserting after paragraph (22), as redesignated, the
following:
``(23) `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;
``(24) `vessel of the Armed Forces' means--
``(A) any vessel owned or operated by the
Department of Defense, other than a time or voyage
chartered vessel; and
``(B) any vessel owned or operated by the
Department of Homeland Security that is designated by
the Secretary of the department in which the Coast
Guard is operating as a vessel equivalent to a vessel
described in subparagraph (A);''; and
(9) by inserting after paragraph (25), as redesignated, the
following:
``(26) `waters subject to the jurisdiction of the United
States' means navigable waters and the territorial sea of the
United States, the exclusive economic zone, and the Great
Lakes.''.
(c) Conforming Amendments.--
(1) Repeal of section 1103.--Section 1103 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4713) is repealed.
(2) References to ``aquatic nuisance''.--The Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4701 et seq.) is amended--
(A) by striking ``AQUATIC NUISANCE'' in the heading
for title I of Public Law 101-646 (104 Stat. 4761) and
inserting ``AQUATIC INVASIVE SPECIES'';
(B) by striking ``Aquatic Nuisance'' in the
headings for subtitles B and C of title I of Public Law
101-646 (104 Stat. 4761 et seq.) and inserting
``Aquatic Invasive'';
(C) by striking ``Aquatic Nuisance'' in section
1001 (16 U.S.C. 4701 note) and inserting ``Aquatic
Invasive Species'';
(D) by striking ``Aquatic Nuisance'' in section
1003(19) (as redesignated) and inserting ``Aquatic
Invasive'';
(E) by striking ``Aquatic Nuisance'' in section
1201(a) (16 U.S.C. 4721(a)) and inserting ``Aquatic
Invasive'';
(F) by striking the heading for section 1202 (16
U.S.C. 4722) and inserting the following:

``SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM. '';
(G) by striking the heading for section 1204 (16
U.S.C. 4724) and inserting the following:

``SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGEMENT PLANS. ''; and
(H) by striking ``aquatic nuisance'' each place it
appears in the text of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4701 et seq.) and inserting ``aquatic invasive''.
(3) References in other laws, etc.--Any reference to the
Aquatic Nuisance Species Task Force in any other Federal law,
Executive order, rule, regulation, or delegation of authority,
or any document or pertaining to the Aquatic Nuisance Species
Task Force or a member or employee of the Aquatic Nuisance
Species Task Force, is deemed to refer to the Aquatic Invasive
Species Task Force or a member or employee of the Aquatic
Invasive Species Task Force, as appropriate.
(e) Effective Date.--Except as otherwise provided in section 1101
of the Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4711), as amended by this section, the provisions of
that section as so amended take effect on the date of enactment of this
Act.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

Section 1301(a) of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4741(a)) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(4)(B);
(2) by striking ``1102(f).'' in paragraph (5)(B) and
inserting ``1102(f); and''; and
(3) by adding at the end the following:
``(6) $20,000,000 for each of fiscal years 2006 through
2010 to the Secretary to carry out section 1101.''.

SEC. 5. COAST GUARD REPORTS ON OTHER SOURCES OF VESSEL-BORNE INVASIVE
SPECIES.

(a) In General.--
(1) Hull-fouling and other vessel sources.--Within 180 days
after the date of enactment of this Act, the Commandant of the
Coast Guard shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
on vessel-related vectors of harmful aquatic organisms and
pathogens other than ballast water and sediment, including
vessel hulls and equipment, and from vessels equipped with
ballast tanks that carry no ballast water on board.
(2) Best practices.--As soon as practicable, the Coast
Guard shall develop best practices standards and procedures
designed to reduce the introduction of invasive species into
and within the United States from vessels and establish a
timeframe for implementation of those standards and procedures
by vessels, in addition to the mandatory requirements set forth
in section 1101 for ballast water. Such standards and
procedures should include designation of geographical locations
for uptake and discharge of untreated ballast water, as well as
standards and procedures for other vessel vectors of aquatic
invasive species. The Commandant shall transmit a report to the
Committees describing the standards and procedures developed
and the implementation timeframe, together with any
recommendations, including legislative recommendations if
appropriate, the Commandant deems appropriate. The Secretary of
the department in which the Coast Guard is operating may
promulgate regulations to incorporate and enforce standards and
procedures developed under this subsection.
(b) Transiting Vessels.--Within 180 days after the date of
enactment of this Act, the Commandant of the Coast Guard shall transmit
a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure containing--
(1) 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
(2) recommendations, including legislative recommendations
if appropriate, of options for addressing ballast water
operations of those vessels.
Calendar No. 291

109th CONGRESS

1st Session

S. 363

[Report No. 109-181]

_______________________________________________________________________

A BILL

To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to establish vessel ballast water management requirements, and
for other purposes.

_______________________________________________________________________

November 16, 2005

Reported with an amendment