I 

110TH CONGRESS 

1ST SESSION H. R. 2423 

To provide for the management and treatment of ballast water to prevent 

the introduction of nonindigenous aquatic species into coastal and inland 

waters of the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2007 

Mr. LATOURETTE (for himself, Mr. BAKER, Mr. GILCHREST, Mr. EHLERS, 

and Mrs. MILLER of Michigan) introduced the following bill; which was 

referred to the Committee on Transportation and Infrastructure 

A BILL 

To provide for the management and treatment of ballast 

water to prevent the introduction of nonindigenous 

aquatic species into coastal and inland waters of the 

United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ballast Water Manage5 ment Act of 2007’’. 

6 SEC. 2. REFERENCES. 

7 Wherever in this Act an amendment or repeal is ex8 pressed in terms of an amendment to or a repeal of a secVerDate Aug 31 2005 23:21 May 23, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2423.IH H2423

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1 tion or other provision, the reference shall be considered 

2 to be made to a section or other provision of the Non3 indigenous Aquatic Nuisance Prevention and Control Act 

4 of 1990 (16 U.S.C. 4701 et seq.). 

5 SEC. 3. DEFINITIONS. 

6 Section 1003 (16 U.S.C. 4702) is amended— 

7 (1) in paragraph (7) by striking ‘‘Canandian’’ 

8 and inserting ‘‘Canadian’’; 

9 (2) by striking ‘‘and’’ at the end of paragraph 

10 (16); 

11 (3) by striking the period at the end of para12 graph (17) and inserting a semicolon; and 

13 (4) by adding at the end the following: 

14 ‘‘(18) ‘alternative ballast water management 

15 method’ means a mechanical, physical, chemical, bio16 logical, or other process, technology, procedure, or 

17 method of killing, removing, or rendering nonviable 

18 organisms in ballast water and associated sediments; 

19 ‘‘(19) ‘ship pathway’ means a potential mode by 

20 which aquatic nuisance species may be transported 

21 from one ecosystem to another by a vessel, including 

22 carriage in ballast water, carriage in sea chests, or 

23 hull fouling; 

24 ‘‘(20) ‘ballast water capacity’ means the total 

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1 partments on a vessel that are used for carrying, 

2 loading, or discharging ballast water, including any 

3 multi-use tank, space, or compartment designed to 

4 allow carriage of ballast water; 

5 ‘‘(21) ‘constructed’ means— 

6 ‘‘(A) a stage of construction of a vessel at 

7 which— 

8 ‘‘(i) the keel is laid; 

9 ‘‘(ii) construction identifiable with the 

10 specific vessel begins; or 

11 ‘‘(iii) assembly of the vessel has been 

12 completed comprising at least 50 metric 

13 tons or 1 percent of the estimated mass of 

14 all structural material, whichever is less; or 

15 ‘‘(B) the initiation of a major conversion of 

16 the vessel; 

17 ‘‘(22) ‘major conversion’ means a conversion of 

18 a vessel that— 

19 ‘‘(A) changes its ballast water carrying ca20 pacity by 15 percent or greater; 

21 ‘‘(B) changes the vessel type; 

22 ‘‘(C) in the determination of the Secretary, 

23 is projected to prolong the life of the vessel by 

24 10 years or more; or 


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1 ‘‘(D) results in modifications to its ballast 

2 water system other than component replace3 ment-in-kind; and 

4 ‘‘(23) ‘sediment’ means matter that has settled 

5 out of ballast water within a vessel.’’. 

6 SEC. 4. AQUATIC NUISANCE SPECIES IN WATERS OF THE 

7 UNITED STATES. 

8 (a) BALLAST WATER MANAGEMENT.—Section 1101 

9 (16 U.S.C. 4711) is amended by striking subsections (a) 

10 through (g) and inserting the following: 

11 ‘‘(a) NATIONAL REGULATIONS.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall issue 

13 regulations to prevent the introduction and spread of 

14 nonindigenous species in waters of the United States 

15 by ballast water operations and other operations of 

16 vessels equipped with ballast water tanks. 

17 ‘‘(2) CONTENT.—The regulations issued under 

18 this subsection shall— 

19 ‘‘(A) ensure to the maximum extent prac20 ticable that aquatic nuisance species are not 

21 discharged into waters of the United States 

22 from vessels; 

23 ‘‘(B) apply to all vessels equipped with bal24 last water tanks that operate in waters of the 

25 United States; 


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1 ‘‘(C) protect the safety of— 

2 ‘‘(i) each vessel; and 

3 ‘‘(ii) the crew and passengers of each 

4 vessel; 

5 ‘‘(D) direct a vessel that is equipped with 

6 ballast water tanks, including a vessel that is 

7 not carrying ballast water on board, that oper8 ates in waters of the United States after oper9 ating beyond the exclusive economic zone to— 

10 ‘‘(i) carry out the exchange of ballast 

11 water of the vessel in waters beyond the 

12 exclusive economic zone; 

13 ‘‘(ii) exchange the ballast water of the 

14 vessel in other waters where the exchange 

15 does not pose a threat of infestation or 

16 spread of nonindigenous species in waters 

17 of the United States, as recommended by 

18 the Task Force under section 1102(a)(1); 

19 or 

20 ‘‘(iii) use environmentally sound alter21 native ballast water management methods, 

22 including modification of the vessel ballast 

23 water tanks and intake systems, if the Sec24 retary determines that such alternative 

25 methods are at least as effective as ballast 


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1 water exchange in preventing and control2 ling infestations of aquatic nuisance spe3 cies; 

4 ‘‘(E) direct vessels to carry out manage5 ment practices that the Secretary determines to 

6 be necessary to reduce the probability of unin7 tentional nonindigenous species transfer result8 ing from vessel operations other than ballast 

9 water discharge; 

10 ‘‘(F) in order to enable the Secretary to 

11 determine compliance with the regulations, pro12 vide for the keeping of records that shall be 

13 submitted to the Secretary as prescribed by the 

14 regulations, and that shall be maintained on 

15 board each vessel and made available for in16 spection upon request of the Secretary and in 

17 a manner consistent with subsections (c) and 

18 (d), including— 

19 ‘‘(i) with respect to each ballast water 

20 exchange referred to in subparagraph 

21 (D)(ii), reporting on the precise location 

22 and thoroughness of the exchange; and 

23 ‘‘(ii) any other information that the 

24 Secretary considers necessary to assess the 


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1 rate of effective compliance with the regu2 lations; 

3 ‘‘(G) provide for sampling procedures to 

4 monitor compliance with the regulations; 

5 ‘‘(H) take into consideration— 

6 ‘‘(i) vessel types; 

7 ‘‘(ii) variations in the characteristics 

8 of points of origin and receiving water bod9 ies; 

10 ‘‘(iii) variations in the ecological con11 ditions of waters and coastal areas of the 

12 United States; and 

13 ‘‘(iv) different operating conditions; 

14 ‘‘(I) be based on the best scientific infor15 mation available; 

16 ‘‘(J) not require a vessel to deviate from 

17 its intended voyage or cause undue delay to the 

18 operation of a vessel to which the regulations 

19 apply; 

20 ‘‘(K) provide an exemption from ballast 

21 water exchange requirements to passenger ves22 sels with operating ballast water systems that 

23 are equipped with treatment systems designed 

24 to kill aquatic organisms in ballast water, un25 less the Secretary determines that such treatVerDate Aug 31 2005 23:21 May 23, 2007 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2423.IH H2423

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1 ment systems are less effective than ballast 

2 water exchange at reducing the risk of transfers 

3 of invasive species in the ballast water of pas4 senger vessels; 

5 ‘‘(L) not apply to crude oil tankers en6 gaged in the coastwise trade; and 

7 ‘‘(M) not apply to a vessel that carries all 

8 of its ballast water in permanently sealed tanks 

9 in such a manner that the ballast water is not 

10 subject to discharge. 

11 ‘‘(3) EDUCATION AND TECHNICAL ASSISTANCE

12 PROGRAMS.—The Secretary shall carry out edu13 cation and technical assistance programs and other 

14 measures to encourage compliance with the regula15 tions issued under this subsection. 

16 ‘‘(b) BALLAST WATER MANAGEMENT.— 

17 ‘‘(1) NATIONAL BALLAST WATER DISCHARGE

18 STANDARDS.—The Secretary shall issue regulations 

19 to establish national ballast water discharge stand20 ards that limit the number of living organisms con21 tained in ballast water discharged from vessels into 

22 waters of the United States. 

23 ‘‘(2) REQUIREMENTS UNDER STANDARDS.—The 

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1 quire that ballast water discharged from covered ves2 sels— 

3 ‘‘(A) contain fewer than 0.1 living orga4 nisms greater than or equal to 50 microns in 

5 minimum dimension per cubic meter of dis6 charged ballast water; 

7 ‘‘(B) contain fewer than 0.1 living orga8 nisms that are less than 50 microns in min9 imum dimension and more than 10 microns in 

10 minimum dimension per milliliter of discharged 

11 ballast water; 

12 ‘‘(C) contain concentrations of— 

13 ‘‘(i) fewer than 1 colony-forming unit 

14 of toxicogenic Vibrio cholera (serotypes O1 

15 and O139) per 100 milliliters of discharged 

16 ballast water or fewer than 1 colony-form17 ing unit of that microbe per gram of wet 

18 weight of zoological samples; 

19 ‘‘(ii) fewer than 126 colony-forming 

20 units of Escherichia coli per 100 milliliters 

21 of discharged ballast water; and 

22 ‘‘(iii) fewer than 33 colony-forming 

23 units of intestinal enterococci per 100 mil24 liliters of discharged ballast water; and 


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1 ‘‘(D) contain concentrations of such addi2 tional indicator microbes as may be specified in 

3 regulations promulgated by the Secretary that 

4 are less than the amount specified in those reg5 ulations. 

6 ‘‘(3) APPLICABILITY OF STANDARDS.—The reg7 ulations issued under this subsection shall— 

8 ‘‘(A) apply to all vessels equipped with bal9 last water tanks that enter the waters of the 

10 United States after operating beyond the exclu11 sive economic zone; and 

12 ‘‘(B) require that a vessel to which ballast 

13 water discharge standards established under 

14 this subsection apply comply with such stand15 ards, in lieu of requirements under subsection 

16 (a)— 

17 ‘‘(i) in the case of a vessel constructed 

18 on or after January 1, 2009, with a ballast 

19 water capacity less than 5,000 cubic me20 ters, upon completion of such construction; 

21 ‘‘(ii) in the case of a vessel con22 structed on or after January 1, 2012, with 

23 a ballast water capacity equal to or greater 

24 than 5,000 cubic meters, by not later than 

25 upon completion of such construction; 


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1 ‘‘(iii) in the case of a vessel con2 structed before January 1, 2009, with a 

3 ballast water capacity of 1,500 cubic me4 ters of more but not more than 5,000 

5 cubic meters, by not later than the earlier 

6 of— 

7 ‘‘(I) January 1, 2014; or 

8 ‘‘(II) the end of the first 

9 drydocking of the vessel after January 

10 1, 2009; 

11 ‘‘(iv) in the case of a vessel con12 structed before January 1, 2009, with a 

13 ballast water capacity less than 1,500 

14 cubic meters or equal to or greater than 

15 5,000, cubic meters by not later than the 

16 earlier of— 

17 ‘‘(I) January 1, 2016; or 

18 ‘‘(II) the end of the first 

19 drydocking of the vessel after January 

20 1, 2012; or 

21 ‘‘(v) in the case of a vessel con22 structed on or after January 1, 2009, and 

23 before January 1, 2012, with a ballast 

24 water capacity greater than 5,000 cubic 

25 meters, by not later than January 1, 2016. 


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1 ‘‘(4) LIMITATION.—Paragraph (3)(A) does not 

2 include a vessel that enters the waters of the United 

3 States while engaged in the coastwise trade. 

4 ‘‘(5) RECEPTION FACILITY EXCEPTION.— 

5 ‘‘(A) IN GENERAL.—Regulations issued 

6 under paragraph (1) shall not apply to ballast 

7 water that is discharged from a vessel into a 

8 water-based or land-based facility for the recep9 tion and disposal or treatment of ballast water 

10 that meets standards prescribed by the Sec11 retary. 

12 ‘‘(B) PROMULGATION OF STANDARDS.— 

13 Within 1 year after the date of the enactment 

14 of the Ballast Water Management Act of 2007, 

15 the Secretary shall promulgate standards for— 

16 ‘‘(i) the reception of ballast water at 

17 land-based and water-based reception fa18 cilities; and 

19 ‘‘(ii) the disposal or treatment of such 

20 ballast water in a way that does not impair 

21 or damage the environment, human health, 

22 property, or resources. 

23 ‘‘(6) REVIEW OF ALTERNATIVE BALLAST

24 WATER MANAGEMENT METHODS.— 


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1 ‘‘(A) REQUIREMENT TO REVIEW.—The 

2 Secretary shall periodically review the effective3 ness, cost, safety, and availability of— 

4 ‘‘(i) alternative ballast water manage5 ment methods evaluated or demonstrated 

6 under the programs established under sec7 tion 1104; and 

8 ‘‘(ii) other alternative ballast water 

9 management methods submitted to the 

10 Secretary that have been demonstrated on11 board vessels and for which there has been 

12 a scientific peer review, as determined by 

13 the Secretary, of the results of the dem14 onstration. 

15 ‘‘(B) DEADLINES.—The Secretary shall— 

16 ‘‘(i) complete an initial review of alter17 native ballast water management methods 

18 under subparagraph (A) within 24 months 

19 after the date of the enactment of the Bal20 last Water Management Act of 2007; and 

21 ‘‘(ii) carry out subsequent reviews of 

22 alternative ballast water management 

23 methods under subparagraph (A) no later 

24 than 24 months after the date that the 

25 previous review was completed. 


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1 ‘‘(7) DETERMINATION OF AVAILABLE BALLAST

2 WATER MANAGEMENT METHODS.— 

3 ‘‘(A) IN GENERAL.—Upon completion of 

4 each review under paragraph (6), the Secretary 

5 shall determine whether one or more alternative 

6 ballast water management methods are avail7 able to achieve the national ballast water dis8 charge standards established under this sub9 section consistent with the implementation 

10 schedule set forth in paragraph (3)(B). In mak11 ing such determination, the Secretary shall con12 sider whether the methods are— 

13 ‘‘(i) cost-effective; 

14 ‘‘(ii) environmentally sound; 

15 ‘‘(iii) operationally practical; 

16 ‘‘(iv) able to be retrofitted on existing 

17 vessels or incorporated on new vessels (or 

18 both); 

19 ‘‘(v) safe for the vessel and crew; 

20 ‘‘(vi) accessible to monitoring; and 

21 ‘‘(vii) economically achievable. 

22 ‘‘(B) DISTINCTION AMONG VESSELS.—In 

23 making a determination under this paragraph, 

24 the Secretary may distinguish among age or 


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1 ballast water capacity of vessels to which the 

2 determination applies. 

3 ‘‘(C) DELAY IN SCHEDULED APPLICA4 TION.—If the Secretary determines under sub5 paragraph (A) that compliance with the stand6 ards set forth under this subsection in accord7 ance with the implementation schedule set forth 

8 in paragraph (3)(B) is not feasible for any class 

9 of vessels, the Secretary shall— 

10 ‘‘(i) delay the date on which such 

11 standards apply to that class of vessels for 

12 a period of not more than 24 months; and 

13 ‘‘(ii) recommend action to ensure such 

14 compliance in accordance with the revised 

15 implementation schedule for that class of 

16 vessels by the date established under 

17 clause (ii). 

18 ‘‘(D) ACCELERATION OF SCHEDULED AP19 PLICATION.—If the Secretary determines, fol20 lowing a review under paragraph (6), that alter21 native ballast water management methods are 

22 available for a class of vessels to achieve the na23 tional ballast water discharge standards estab24 lished under this subsection before the dates es25 tablished in the implementation schedule set 


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1 forth in paragraph (3)(B), the Secretary may, 

2 for such class of vessels, accelerate the imple3 mentation of ballast water management regula4 tions under this subsection. If the Secretary ac5 celerates the implementation schedule under 

6 this subparagraph, the Secretary shall provide 

7 notice in the Federal Register not less than 24 

8 months before the date on which such acceler9 ated implementation schedule goes into effect. 

10 ‘‘(8) REVIEW OF STANDARDS.—The Secretary 

11 shall from time to time review and may, if appro12 priate, revise standards established under this sub13 section following notice and the opportunity for sub14 mission of comments. 

15 ‘‘(9) EXISTING EQUIPMENT.—Any covered ves16 sel that has installed an alternative ballast water 

17 management method onboard that meets standards 

18 established under this section, as in effect at the 

19 time of such installation, shall not be subject to any 

20 different ballast water management standard under 

21 this subsection until the earlier of— 

22 ‘‘(A) the end of the useful life of the ves23 sel; or 


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1 ‘‘(B) the end of the useful life of the in2 stalled alternative ballast water management 

3 method equipment. 

4 ‘‘(10) CONTENT OF REGULATIONS.—Regula5 tions promulgated under this section shall— 

6 ‘‘(A) require covered vessels to carry out 

7 management practices that the Secretary deter8 mines to be necessary to reduce the probability 

9 of unintentional nonindigenous species transfer 

10 resulting from vessel operations other than bal11 last water discharge; 

12 ‘‘(B) provide for appropriate means, as de13 termined by the Secretary, for determining 

14 compliance with any standard established under 

15 this subsection; 

16 ‘‘(C) in order to enable the Secretary to 

17 determine compliance with the regulations, pro18 vide for the keeping of records that shall be 

19 submitted to the Secretary, as prescribed by the 

20 regulations, and that shall be maintained on 

21 board each vessel and made available for in22 spection, upon request of the Secretary and in 

23 a manner consistent with subsections (c) and 

24 (d) of this section, including any information 

25 that the Secretary considers necessary to assess 


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1 the rate of effective compliance with the regula2 tions; 

3 ‘‘(D) provide for sampling procedures to 

4 monitor compliance with the regulations; 

5 ‘‘(E) take into consideration— 

6 ‘‘(i) vessel age; and 

7 ‘‘(ii) vessel ballast water capacity; and 

8 ‘‘(F) be based on the best scientific infor9 mation, as determined by the Secretary. 

10 ‘‘(11) DEFINITION.—For purposes of this sub11 section, the term ‘covered vessel’ means any vessel to 

12 which standards established under this subsection 

13 apply under paragraph (3). 

14 ‘‘(c) VESSEL BALLAST WATER MANAGEMENT

15 PLAN.— 

16 ‘‘(1) IN GENERAL.—The operator of a vessel 

17 that is equipped with ballast water tanks and that 

18 enters the waters of the United States after oper19 ating beyond the exclusive economic zone shall con20 duct all ballast water management operations of that 

21 vessel in accordance with a ballast water manage22 ment plan designed to minimize the discharge of 

23 aquatic nuisance species that— 

24 ‘‘(A) meets the requirements prescribed by 

25 the Secretary by regulation; and 


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1 ‘‘(B) is approved by the Secretary. 

2 ‘‘(2) APPROVAL CRITERIA.— 

3 ‘‘(A) IN GENERAL.—The Secretary may 

4 not approve a ballast water management plan 

5 unless the Secretary determines that the plan— 

6 ‘‘(i) describes in detail the actions to 

7 be taken to implement the ballast water 

8 management requirements established 

9 under this section; 

10 ‘‘(ii) describes in detail the procedures 

11 to be used for disposal of sediment at sea 

12 and on shore in accordance with the re13 quirements of this section; 

14 ‘‘(iii) describes in detail safety proce15 dures for the vessel and crew associated 

16 with ballast water management; 

17 ‘‘(iv) designates the officer on board 

18 the vessel in charge of ensuring that the 

19 plan is properly implemented; 

20 ‘‘(v) contains the reporting require21 ments for vessels established under this 

22 section and a copy of each form necessary 

23 to meet those requirements; and 

24 ‘‘(vi) meets all other requirements 

25 prescribed by the Secretary. 


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1 ‘‘(B) FOREIGN VESSELS.—The Secretary 

2 may approve a ballast water management plan 

3 for a foreign vessel (as defined in section 

4 110(12) of title 46, United States Code) on the 

5 basis of a certificate of compliance with the cri6 teria described in subparagraph (A) issued by 

7 the vessel’s country of registration in accord8 ance with regulations promulgated by the Sec9 retary. 

10 ‘‘(3) COPY OF PLAN ON BOARD VESSEL.—A 

11 copy of the vessel ballast water management plan 

12 shall— 

13 ‘‘(A) be maintained on board at all times; 

14 and 

15 ‘‘(B) be made readily available for inspec16 tion, upon request by the Secretary. 

17 ‘‘(d) VESSEL BALLAST WATER RECORD BOOK.— 

18 ‘‘(1) IN GENERAL.—The operator of a vessel 

19 that is equipped with ballast water tanks and that 

20 enters the waters of the United States after oper21 ating beyond the exclusive economic zone shall main22 tain a ballast water record book in English on board 

23 the vessel in which— 

24 ‘‘(A) each operation involving ballast water 

25 or sediment discharge is fully recorded without 


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1 delay, in accordance with regulations promul2 gated by the Secretary; 

3 ‘‘(B) each such operation is described in 

4 detail, including the location and circumstances 

5 of, and the reason for, the operation; and 

6 ‘‘(C) the exact nature and circumstances of 

7 any situation under which any operation was 

8 conducted under an exception set forth in sub9 section (k) is described. 

10 ‘‘(2) AVAILABILITY.—The ballast water record 

11 book— 

12 ‘‘(A) shall be made readily available for in13 spection, upon request by the Secretary; and 

14 ‘‘(B) notwithstanding paragraph (1), may 

15 be kept on the towing vessel in the case of an 

16 unmanned vessel under tow. 

17 ‘‘(3) RETENTION PERIOD.—The ballast water 

18 record book shall be retained— 

19 ‘‘(A) on board the vessel for a period of 2 

20 years after the date on which the last entry in 

21 the book is made; and 

22 ‘‘(B) under the control of the vessel’s 

23 owner for an additional period of 3 years. 


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1 ‘‘(4) REGULATIONS.—The Secretary shall issue 

2 regulations to carry out this subsection that shall re3 quire, at a minimum, that— 

4 ‘‘(A) each entry in the ballast water record 

5 book be signed and dated by the officer in 

6 charge of the ballast water operation recorded; 

7 ‘‘(B) each completed page in the ballast 

8 water record book be signed and dated by the 

9 master of the vessel; and 

10 ‘‘(C) the owner or operator of the vessel 

11 transmit such information to the Secretary re12 garding the ballast operations of the vessel as 

13 the Secretary may require. 

14 ‘‘(5) ALTERNATIVE MEANS OF RECORD15 KEEPING.—The Secretary shall provide by regula16 tion for alternative methods of recordkeeping, in17 cluding electronic recordkeeping, to comply with the 

18 requirements of this subsection. 

19 ‘‘(e) SEDIMENT MANAGEMENT.— 

20 ‘‘(1) IN GENERAL.—The operator of a vessel 

21 that is equipped with ballast water tanks and that 

22 enters the waters of the United States after oper23 ating beyond the exclusive economic zone may not 

24 remove or dispose of sediment from spaces designed 

25 to carry ballast water except— 


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1 ‘‘(A) in accordance with this subsection 

2 and the ballast water management plan re3 quired under subsection (c); and 

4 ‘‘(B) more than 200 nautical miles from 

5 the nearest point of land or into a reception fa6 cility that meets the requirements of paragraph 

7 (3). 

8 ‘‘(2) DESIGN REQUIREMENTS.— 

9 ‘‘(A) NEW VESSELS.—After December 31, 

10 2008, it shall be unlawful to construct a vessel 

11 in the United States that is equipped with bal12 last water tanks unless that vessel is designed 

13 and constructed, in accordance with regulations 

14 prescribed under subparagraph (C), in a man15 ner that— 

16 ‘‘(i) minimizes the uptake and entrap17 ment of sediment in such tanks; 

18 ‘‘(ii) facilitates removal of sediment 

19 from such tanks; and 

20 ‘‘(iii) provides for safe access for sedi21 ment removal and sampling. 

22 ‘‘(B) EXISTING VESSELS.—Every vessel 

23 that is equipped with ballast water tanks and 

24 that enters the waters of the United States 

25 after operating beyond the exclusive economic 


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1 zone that was constructed before January 1, 

2 2009, shall be modified before January 1, 2009, 

3 to the extent determined by the Secretary to be 

4 practicable and in accordance with regulations 

5 under subparagraph (C), to achieve the objec6 tives described in clauses (i), (ii), and (iii) of 

7 subparagraph (A). 

8 ‘‘(C) REGULATIONS.—The Secretary shall 

9 promulgate regulations establishing design and 

10 construction standards to achieve the objectives 

11 of subparagraph (A) and providing guidance for 

12 modifications under subparagraph (B). The 

13 Secretary shall incorporate the standards and 

14 guidance in the regulations governing the bal15 last water management plan. 

16 ‘‘(3) SEDIMENT RECEPTION FACILITIES.— 

17 ‘‘(A) STANDARDS.—The Secretary, in con18 sultation with the Administrator of the Envi19 ronmental Protection Agency, shall promulgate 

20 regulations governing facilities for the reception 

21 of vessel sediment from ballast water tanks, 

22 that provide for the disposal of such sediment 

23 in a way that does not impair or damage the 

24 environment, human health, or property or re25 sources of the disposal area. 


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1 ‘‘(B) DESIGNATION.—The Secretary, in 

2 consultation with the Administrator of the En3 vironmental Protection Agency, shall designate 

4 facilities for the reception of vessel sediment 

5 that meet the requirements of the regulations 

6 promulgated under subparagraph (A) at ports 

7 and terminals where ballast water tanks are 

8 cleaned or repaired. 

9 ‘‘(f) SANCTIONS.— 

10 ‘‘(1) CIVIL PENALTIES.—Any person who vio11 lates a regulation promulgated under this section 

12 shall be liable for a civil penalty in an amount not 

13 to exceed $25,000. Each day of a continuing viola14 tion constitutes a separate violation. A vessel oper15 ated in violation of the regulations is liable in rem 

16 for any civil penalty assessed under this subsection 

17 for that violation. 

18 ‘‘(2) CRIMINAL PENALTIES.—Any person who 

19 knowingly violates the regulations promulgated 

20 under this section is guilty of a class C felony. 

21 ‘‘(3) REFUSAL OR REVOCATION OF CLEAR22 ANCE.—Except as provided in subsection (g), upon 

23 request of the Secretary, the Secretary of the Treas24 ury shall withhold or revoke the clearance of a vessel 

25 required by section 60105 of title 46, United States 


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1 Code, if the owner or operator of that vessel is in 

2 violation of the regulations issued under this section. 

3 ‘‘(4) EXCEPTION TO SANCTIONS.—This sub4 section does not apply to a failure to exchange bal5 last water if— 

6 ‘‘(A) the master of a vessel, acting in good 

7 faith, decides that the exchange of ballast water 

8 will threaten the safety or stability of the vessel, 

9 its crew, or its passengers; and 

10 ‘‘(B) the recordkeeping and reporting re11 quirements of this chapter are complied with. 

12 ‘‘(g) DETENTION OF VESSELS.— 

13 ‘‘(1) IN GENERAL.—If any owner, agent, mas14 ter, officer, or person in charge of a vessel is liable 

15 for a penalty under this subsection, or if reasonable 

16 cause exists to believe that the owner, agent, master, 

17 officer, or person in charge may be subject to a pen18 alty under this subsection, the Secretary may, with 

19 respect to such vessel, refuse or revoke any clearance 

20 required by section 60105 of title 46, United States 

21 Code. 

22 ‘‘(2) CLEARANCE UPON FILING OF BOND OR

23 OTHER SURETY.—The Secretary may require the fil24 ing of a bond or other surety as a condition of 


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1 granting clearance refused or revoked under this 

2 subsection.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) Section 1101(i) (16 U.S.C. 4711(i)) is 

5 amended by striking ‘‘guidelines issued and’’. 

6 (2) Section 1101(k) (16 U.S.C. 4711(k)) is 

7 amended— 

8 (A) in paragraph (1)— 

9 (i) by striking ‘‘(1) MASTER DISCRE10 TION.—’’; and 

11 (ii) by inserting ‘‘required under this 

12 section’’ after ‘‘ballast water exchange’’; 

13 and 

14 (B) by striking paragraphs (2) and (3). 

15 SEC. 5. NATIONAL BALLAST WATER MANAGEMENT INFOR16 MATION. 

17 Section 1102 (16 U.S.C. 4712) is amended— 

18 (1) by adding at the end the following: 

19 ‘‘(g) ALTERNATIVE SHIP PATHWAY SURVEY.— 

20 ‘‘(1) IN GENERAL.—The Secretary, in consulta21 tion with the Under Secretary, shall examine poten22 tial ship pathways, other than the release of ballast 

23 water, by which aquatic nuisance species may be in24 troduced into the waters of the United States. 


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1 ‘‘(2) REPORT.—Not later than 18 months after 

2 the date of enactment of the Ballast Water Manage3 ment Act of 2007, the Secretary shall submit to the 

4 Committee on Transportation and Infrastructure of 

5 the House of Representatives and the Committee on 

6 Commerce, Science, and Transportation of the Sen7 ate a report on the results of the survey under this 

8 subsection. 

9 ‘‘(h) BALLAST WATER SURVEYS.— 

10 ‘‘(1) IN GENERAL.—The Secretary, in consulta11 tion with the Under Secretary, shall conduct the fol12 lowing ballast water surveys: 

13 ‘‘(A) A survey of the number of living or14 ganisms in untreated ballast water of a rep15 resentative number of vessels, as determined by 

16 the Secretary. 

17 ‘‘(B) A survey of the number of living or18 ganisms in the ballast water of a representative 

19 number of vessels, as determined by the Sec20 retary, that has been exchanged on the high 

21 seas. 

22 ‘‘(C) Surveys of the number of living orga23 nisms in the ballast water of vessels that have 

24 installed alternative ballast water management 


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1 methods under the evaluation program estab2 lished under section 1104. 

3 ‘‘(2) REPORTS.—The Secretary shall submit to 

4 the Committee on Transportation and Infrastructure 

5 of the House of Representatives and the Committee 

6 on Commerce, Science, and Transportation of the 

7 Senate— 

8 ‘‘(A) a report on the results of the surveys 

9 under subparagraphs (A) and (B) of paragraph 

10 (1) by not later than 18 months after the date 

11 of the enactment of the Ballast Water Manage12 ment Act of 2007; and 

13 ‘‘(B) a report on the results of the surveys 

14 required under subparagraph (C) of paragraph 

15 (1) upon completion of each demonstration con16 cerned.’’; 

17 (2) in subsection (b)(1)(B)(ii) by striking 

18 ‘‘guidelines issued and’’; 

19 (3) in subsection (b)(2)(B)(ii) by striking ‘‘vol20 untary guidelines issued, and’’; 

21 (4) in subsection (c)(1) by striking ‘‘section 

22 1101(b)’’ and inserting ‘‘section 1101(a)’’; and 

23 (5) in subsection (f)(1)(B) by striking ‘‘guide24 lines issued pursuant to section 1101(c)’’ and insert25 ing ‘‘regulations issued pursuant to section 1101’’. 


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1 SEC. 6. BALLAST WATER MANAGEMENT EVALUATION AND 

2 DEMONSTRATION PROGRAM. 

3 Section 1104 (16 U.S.C. 4714) is amended— 

4 (1) by striking the section heading and insert5 ing the following: 

6 ‘‘SEC. 1104. ALTERNATIVE BALLAST WATER MANAGEMENT 

7 METHOD EVALUATION AND DEMONSTRATION 

8 PROGRAMS.’’; 

9 (2) by striking subsection (a); 

10 (3) by redesignating subsection (b) as sub11 section (a); 

12 (4) by redesignating subsection (c) as sub13 section (d); 

14 (5) in subsection (a), as so redesignated— 

15 (A) by striking so much as precedes para16 graph (2) and inserting the following: 

17 ‘‘(a) SHIPBOARD TECHNOLOGY EVALUATION PRO18 GRAM.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall estab20 lish a Shipboard Technology Evaluation Program to 

21 evaluate alternative ballast water management meth22 ods aboard vessels to prevent aquatic nuisance spe23 cies from being introduced into and spread through 

24 discharges of ballast water in waters of the United 

25 States.’’; and 


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1 (B) in paragraph (2) by striking ‘‘of the 

2 technologies and practices used in the dem3 onstration program’’ and inserting ‘‘of alter4 native ballast water management methods used 

5 in the program’’; 

6 (6) in subsection (a)(3), as so redesignated, by 

7 striking ‘‘technologies and practices’’ and all that 

8 follows through ‘‘shall—’’ and inserting ‘‘alternative 

9 ballast water management methods on vessels under 

10 this subsection, the Secretary shall—’’; 

11 (7) in subsection (a)(3)(A), as so redesignated, 

12 by striking clause (i) and redesignating clauses (ii) 

13 and (iii) in order as clauses (i) and (ii); 

14 (8) by amending subsection (a)(3)(A)(i), as so 

15 redesignated, to read as follows: 

16 ‘‘(i) have ballast water systems condu17 cive to testing aboard the vessel; and’’; 

18 (9) by amending subsection (a)(3)(C), as so re19 designated, to read as follows: 

20 ‘‘(C) seek to use a variety of vessel types.’’; 

21 (10) by amending subsection (a)(4), as so re22 designated, to read as follows: 

23 ‘‘(4) SELECTION OF ALTERNATIVE BALLAST

24 WATER MANAGEMENT METHODS.—In order for an 

25 alternative ballast water management method to be 


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1 eligible to be installed on vessels for evaluation 

2 under this section, such method must be, at a min3 imum— 

4 ‘‘(A) determined by the Secretary to have 

5 the demonstrated potential to reduce the num6 ber of organisms greater than or equal to 50 

7 microns in minimum dimension in discharged 

8 ballast water to fewer than 10 living organisms 

9 per cubic meter of water; 

10 ‘‘(B) cost-effective; 

11 ‘‘(C) environmentally sound; 

12 ‘‘(D) operationally practical; 

13 ‘‘(E) able to be retrofitted on existing ves14 sels or incorporated in new vessel design (or 

15 both); 

16 ‘‘(F) safe for a vessel and crew; and 

17 ‘‘(G) accessible to monitoring.’’; 

18 (11) in subsection (a), as so redesignated, by 

19 adding at the end the following: 

20 ‘‘(6) EXEMPTION FROM REGULATIONS.—Any 

21 vessel that participates in the program under this 

22 subsection shall be exempt from ballast water ex23 change requirements or applicable ballast water dis24 charge standards under section 1101 during— 


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1 ‘‘(A) the period during which the vessel ac2 tively participates in and successfully meets the 

3 requirements of the program, as determined by 

4 the Secretary; and 

5 ‘‘(B) the period of the useful life of the 

6 vessel or the useful life of the installed alter7 native ballast water management method, 

8 whichever is shorter, 

9 if the installed alternative ballast water management 

10 method continues to operate satisfactorily, as deter11 mined by the Secretary, and the technology and pro12 cedures comprising the method have no significant 

13 adverse effect on the environment or risk to the ves14 sel or human health. 

15 ‘‘(7) AUTHORITY OF SECRETARY TO REVIEW

16 AND REVISE CRITERIA.—The Secretary may review 

17 and revise the criteria described in paragraph (4)(A) 

18 to require alternative ballast water management 

19 methods to meet a more stringent ballast water dis20 charge standard, including standards promulgated 

21 under section 1101(b)(2), before being eligible for 

22 installation aboard vessels under the program.’’; 

23 (12) by inserting after subsection (a), as so re24 designated, the following: 


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1 ‘‘(b) SHIPBOARD TECHNOLOGY DEMONSTRATION

2 PROGRAM.— 

3 ‘‘(1) IN GENERAL.—The Under Secretary, with 

4 the concurrence of and in cooperation with the Sec5 retary, shall conduct a program to demonstrate al6 ternative ballast water management methods evalu7 ated aboard vessels under subsection (a) to prevent 

8 aquatic nuisance species from being introduced into 

9 and spread through ballast water in waters of the 

10 United States. 

11 ‘‘(2) LOCATION.—The installation and con12 struction of alternative ballast water management 

13 methods used in the demonstration program under 

14 this subsection shall be performed in the United 

15 States. 

16 ‘‘(3) VESSEL ELIGIBILITY.—Vessels eligible to 

17 participate in the demonstration program under this 

18 subsection shall consist only of vessels that have 

19 been accepted into and are actively participating in 

20 the Shipboard Technology Evaluation Program 

21 under subsection (a). 

22 ‘‘(4) GRANTS.— 

23 ‘‘(A) IN GENERAL.—The Under Secretary 

24 shall establish a grant program to provide fund25 ing for acquiring, installing, and operating alVerDate Aug 31 2005 23:21 May 23, 2007 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H2423.IH H2423

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1 ternative ballast water management methods 

2 aboard vessels participating in the program 

3 under this subsection. 

4 ‘‘(B) MATCHING REQUIREMENTS.—The 

5 amount of Federal funds used for any dem6 onstration project under this subsection— 

7 ‘‘(i) shall not exceed $1,000,000; and 

8 ‘‘(ii) shall not exceed 50 percent of 

9 the total cost of such project. 

10 ‘‘(c) ALTERNATIVE SHIP PATHWAY PROGRAM.— 

11 ‘‘(1) IN GENERAL.—The Under Secretary, with 

12 the concurrence of and in cooperation with the Sec13 retary, shall conduct a program to demonstrate and 

14 verify technologies and practices to monitor and con15 trol the introduction of aquatic invasive species by 

16 ship pathways other than the release of ballast 

17 water. 

18 ‘‘(2) SELECTION OF METHODS.—The Under 

19 Secretary may not select technologies and practices 

20 for demonstration or verification under paragraph 

21 (1) unless such technologies and practices, in the de22 termination of the Under Secretary, in consultation 

23 with the Secretary, meet the criteria outlined in sub24 paragraphs (B) through (G) of subsection (a)(4). 


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1 ‘‘(3) LOCATION.—The installation and con2 struction of technologies and practices for dem3 onstration and verification under this subsection 

4 shall be performed in the United States.’’; and 

5 (13) in subsection (d), as so redesignated, by 

6 striking ‘‘Secretary of the Interior’’ each place it ap7 pears and inserting ‘‘Secretary, in consultation with 

8 the Under Secretary,’’. 

9 SEC. 7. PROGRAM TO SUPPORT THE SETTING AND IMPLE10 MENTATION OF STANDARDS. 

11 Subtitle B of title I (16 U.S.C. 4711) is amended 

12 by adding at the end the following: 

13 ‘‘SEC. 1105. PROGRAM TO SUPPORT THE SETTING AND IM14 PLEMENTATION OF STANDARDS. 

15 ‘‘(a) IN GENERAL.—The Secretary, in coordination 

16 with the Under Secretary, the Task Force, and other ap17 propriate Federal agencies, shall carry out a coordinated 

18 program to support the promulgation and implementation 

19 of standards under section 1101 to prevent the introduc20 tion and spread of aquatic invasive species by vessels. 

21 ‘‘(b) PROGRAM COMPONENTS.—The program under 

22 this section shall, at a minimum— 

23 ‘‘(1) characterize physical, chemical, and bio24 logical conditions at ballast water discharge locations 

25 in waters of the United States, to inform the design 


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1 and implementation of vessel vector control tech2 nologies and practices; 

3 ‘‘(2) develop testing protocols for determining 

4 the effectiveness of vessel vector monitoring and con5 trol technologies and practices; 

6 ‘‘(3) demonstrate methods for mitigating the 

7 spread of invasive species by coastal voyages, includ8 ing exploring the effectiveness of alternative ex9 change zones in the near coastal areas and other 

10 methods proposed to reduce transfers of organisms; 

11 ‘‘(4) verify the practical effectiveness of any 

12 process for approving a type of alternative ballast 

13 water management method as meeting standards es14 tablished under section 1101, to ensure that the 

15 process produces repeatable and accurate assess16 ments of treatment effectiveness; and 

17 ‘‘(5) evaluate the effectiveness and residual risk 

18 and environmental impacts associated with any 

19 standard established with respect to ship path20 ways.’’. 

21 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

22 Subsection 1301(a) (16 U.S.C. 4741(a)) is amend23 ed— 

24 (1) in the matter preceding paragraph (1) by 

25 striking ‘‘develop and’’; and 


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1 (2) by striking paragraphs (1) through (5) and 

2 inserting the following: 

3 ‘‘(1) $4,660,000 to the Secretary for each of 

4 the fiscal years 2008 through 2013 to carry out sec5 tion 1101; 

6 ‘‘(2) $500,000 to the Secretary for each of fis7 cal years 2008 through 2013 to carry out section 

8 1102(f); 

9 ‘‘(3) $6,000,000 to the Under Secretary for 

10 each of fiscal years 2008 through 2013 to carry out 

11 paragraph (4) of section 1104(b); 

12 ‘‘(4) $1,500,000 to the Under Secretary for 

13 each of fiscal years 2008 through 2013 to carry out 

14 section 1104(c); and 

15 ‘‘(5) for each of fiscal years 2008 through 2013 

16 to carry out section 1105— 

17 ‘‘(A) $1,500,000 to the Secretary; and 

18 ‘‘(B) $1,500,000 to the Under Secretary.’’. 

Æ 


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