Union Calendar No. 243

103D CONGRESS

2D SESSION H. R. 3360

[Report No. 103–440]

A BILL

To direct the Secretary of Transportation to demspread in United States waters. nonindigenous species from being introduced and fication and design, that will prevent aquatic technologies and practices, including vessel modi- onstrate on vessels ballast water management

MARCH 21, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 243

103D CONGRESS

2D SESSION H. R. 3360

[Report No. 103–440]

To direct the Secretary of Transportation to demonstrate on vessels ballast

water management technologies and practices, including vessel modification and design, that will prevent aquatic nonindigenous species from

being introduced and spread in United States waters.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 26, 1993

Mr. LIPINSKI (for himself, Mr. TAUZIN, Mr. MANTON, Mr. STUPAK, and Mr.

LAFALCE) introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries

MARCH 21, 1994

Additional sponsors: Mr. QUINN, Mr. HOEKSTRA, Mr. DELLUMS, Mr. UPTON,

Mr. VENTO, Mr. HUGHES, Ms. KAPTUR, Mr. KINGSTON, Mr.

HOCHBRUECKNER, Mr. VISCLOSKY, Mr. BONIOR, Mr. RIDGE, Mr.

EVANS, Mr. SANGMEISTER, Mr. HOUGHTON, Mr. DEFAZIO, Mr. SANDERS, Mr. OBERSTAR, Ms. SLAUGHTER, Mr. ROMERO-BARCELO ́, Mr.

BATEMAN, Mr. BARCIA of Michigan, Mr. PICKETT, Mr. GILCHREST, Mr.

GILLMOR, Mr. YATES, Mr. SABO, Mrs. BENTLEY, and Mr. HOYER

MARCH 21, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill see copy of bill as introduced on October 26, 1993]

A BILL

To direct the Secretary of Transportation to demonstrate
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on vessels ballast water management technologies and

practices, including vessel modification and design, that

will prevent aquatic nonindigenous species from being

introduced and spread in United States waters.

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’’.

6 SEC. 2. EVALUATION.

7 (a) Subsection 1102(a) of Public Law 101–646 (16

8 U.S.C. 4712(a)) is amended by adding the following new

9 paragraph at the end:

10 ‘‘(4) NATIONAL BALLAST WATER MANAGEMENT

11 EVALUATION.—

12 ‘‘(A) Subject to the availability of appro13 priations, the Task Force shall contract with the

14 Marine Board of the National Research Council

15 to identify and evaluate ballast water manage16 ment technologies and practices that prevent the

17 introduction and spread of nonindigenous species

18 through ballast water discharged into United

19 States waters.

20 ‘‘(B) In conducting the evaluation, the Ma21 rine Board shall consider, at a minimum, ballast

22 water management technologies and practices
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1 identified in the study prepared under para2 graph (3).

3 ‘‘(C) In conducting the evaluation, the Ma4 rine Board shall identify, at a minimum, ballast

5 water management technologies and practices

6 that—

7 ‘‘(i) may be retrofitted on existing ves8 sels or incorporated in new vessel designs;

9 ‘‘(ii) are operationally practical;

10 ‘‘(iii) are safe for vessel and crew;

11 ‘‘(iv) are environmentally sound;

12 ‘‘(v) are cost effective;

13 ‘‘(vi) the vessel operator can monitor;

14 and

15 ‘‘(vii) are effective against a broad

16 range of nuisance organisms.’’.

17 (b) Subsection 1102(c) of Public Law 101–646 (16

18 U.S.C. 4712(c)) is amended by adding the following new

19 paragraph at the end:

20 ‘‘(3) NATIONAL BALLAST WATER MANAGEMENT

21 EVALUATION REPORT.—Not later than one year after

22 the date of enactment of the Ballast Water Manage23 ment Act, the Task Force shall submit to the appro24 priate Committees a report on the results of the eval-
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1 uation conducted under paragraph (4) of subsection

2 (a).’’.

3 SEC. 3. NATIONAL BALLAST WATER MANAGEMENT DEM4 ONSTRATION PROGRAM.

5 (a) Section 1202 of Public Law 101–646 (16 U.S.C.

6 4722) is amended by—

7 (1) redesignating subsection (k) as subsection (l);

8 and

9 (2) inserting after subsection (j) the following:

10 ‘‘(k) NATIONAL BALLAST WATER MANAGEMENT DEM11 ONSTRATION PROGRAM.—

12 ‘‘(1) AUTHORIZATION.—Following the submis13 sion of the evaluation authorized under section

14 1102(a)(4) and subject to the availability of appro15 priations under section 1301(e), the Administrator of

16 the Maritime Administration, in consultation with

17 the Task Force, shall conduct a national ballast water

18 management demonstration program to test and

19 evaluate ballast water management technologies and

20 practices, including those identified in the evaluation

21 authorized under paragraph 1102(a)(4), to prevent

22 the introduction and spread of nonindigenous species

23 through ballast water discharged into United States

24 waters.
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1 ‘‘(2) CRITERIA.—In carrying out the demonstra2 tion program authorized under this subsection, the

3 Administrator of the Maritime Administration shall

4 use vessels that are documented under chapter 121 of

5 title 46, United States Code, including vessels operat6 ing on the Great Lakes. Any necessary ballast water

7 management technology installation or construction

8 on a vessel used in the demonstration program shall

9 be performed by a United States shipyard or ship re10 pair facility.

11 ‘‘(3) AUTHORITIES.—In conducting the dem12 onstration program under this subsection, the Task

13 Force and the Administrator of the Maritime Admin14 istration may accept donations of property and serv15 ices.’’.

16 (b) Subsection 1202(l), as redesignated by this Act, is

17 amended by adding the following new paragraph at the end:

18 ‘‘(3) Not later than one year after the submission

19 of the evaluation authorized under section 1102(a)(4)

20 and periodically as necessary to report new findings,

21 the Administrator of the Maritime Administration, in

22 consultation with the Task Force, shall submit to the

23 appropriate Committees a report on the results of the

24 demonstration program conducted under subsection

25 (k).’’.
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1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

2 Section 1301 of Public Law 101–646 (16 U.S.C. 4741)

3 is amended by adding the following new subsection at the

4 end:

5 ‘‘(e) NATIONAL BALLAST WATER MANAGEMENT EVAL6 UATION AND DEMONSTRATION PROGRAM.—There are au7 thorized to be appropriated to the Director and the Under

8 Secretary $150,000 for fiscal year 1995 and to the Adminis9 trator of the Maritime Administration $1,850,000 for fiscal

10 year 1996, to remain available until expended, to carry out

11 the evaluation authorized under section 1102(a)(4) and the

12 demonstration program authorized under section 1202(k).’’.