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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3360 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                                H. R. 3360

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             March 23 (legislative day, February 22), 1994

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT

 
 To demonstrate ballast water management technologies and practices on 
 vessels, including vessel modification and design, that will prevent 
   aquatic nonindigenous species from being introduced and spread in 
                         United States waters.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. EVALUATION.

    (a) Subsection 1102(a) of Public Law 101-646 (16 U.S.C. 4712(a)) is 
amended by adding the following new paragraph at the end:
            ``(4) National ballast water management evaluation.--
                    ``(A) Subject to the availability of 
                appropriations, the Task Force shall contract with the 
                Marine Board of the National Research Council to 
                identify and evaluate ballast water management 
                technologies and practices that prevent the 
                introduction and spread of nonindigenous species 
                through ballast water discharged into United States 
                waters.
                    ``(B) In conducting the evaluation, the Marine 
                Board shall consider, at a minimum, ballast water 
                management technologies and practices identified in the 
                study prepared under paragraph (3).
                    ``(C) In conducting the evaluation, the Marine 
                Board shall identify, at a minimum, ballast water 
                management technologies and practices that--
                            ``(i) may be retrofitted on existing 
                        vessels or incorporated in new vessel designs;
                            ``(ii) are operationally practical;
                            ``(iii) are safe for vessel and crew;
                            ``(iv) are environmentally sound;
                            ``(v) are cost effective;
                            ``(vi) the vessel operator can monitor; and
                            ``(vii) are effective against a broad range 
                        of nuisance organisms.''.
    (b) Subsection 1102(c) of Public Law 101-646 (16 U.S.C. 4712(c)) is 
amended by adding the following new paragraph at the end:
            ``(3) National ballast water management evaluation 
        report.--Not later than 1 year after the date of enactment of 
        the Ballast Water Management Act, the Task Force shall submit 
        to the appropriate Committees a report on the results of the 
        evaluation conducted under paragraph (4) of subsection (a).''.

SEC. 3. NATIONAL BALLAST WATER MANAGEMENT DEMONSTRATION PROGRAM.

    (a) Section 1202 of Public Law 101-646 (16 U.S.C. 4722) is amended 
by--
            (1) redesignating subsection (k) as subsection (l); and
            (2) inserting after subsection (j) the following:
    ``(k) National Ballast Water Management Demonstration Program.--
            ``(1) Authorization.--Following the submission of the 
        evaluation authorized under section 1102(a)(4) and subject to 
        the availability of appropriations under section 1301(e), the 
        Administrator of the Maritime Administration, in consultation 
        with the Task Force, shall conduct a national ballast water 
        management demonstration program to test and evaluate ballast 
        water management technologies and practices, including those 
        identified in the evaluation authorized under paragraph 
        1102(a)(4), to prevent the introduction and spread of 
        nonindigenous species through ballast water discharged into 
        United States waters.
            ``(2) Criteria.--In carrying out the demonstration program 
        authorized under this subsection, the Administrator of the 
        Maritime Administration shall use vessels that are documented 
        under chapter 121 of title 46, United States Code, including 
        vessels operating on the Great Lakes. Any necessary ballast 
        water management technology installation or construction on a 
        vessel used in the demonstration program shall be performed by 
        a United States shipyard or ship repair facility.
            ``(3) Authorities.--In conducting the demonstration program 
        under this subsection, the Task Force and the Administrator of 
        the Maritime Administration may accept donations of property 
        and services.''.
    (b) Subsection 1202(l), as redesignated by this Act, is amended by 
adding the following new paragraph at the end:
            ``(3) Not later than 1 year after the submission of the 
        evaluation authorized under section 1102(a)(4) and periodically 
        as necessary to report new findings, the Administrator of the 
        Maritime Administration, in consultation with the Task Force, 
        shall submit to the appropriate Committees a report on the 
        results of the demonstration program conducted under subsection 
        (k).''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Section 1301 of Public Law 101-646 (16 U.S.C. 4741) is amended by 
adding the following new subsection at the end:
    ``(e) National Ballast Water Management Evaluation and 
Demonstration Program.--There are authorized to be appropriated to the 
Director and the Under Secretary $150,000 for fiscal year 1995 and to 
the Administrator of the Maritime Administration $1,850,000 for fiscal 
year 1996, to remain available until expended, to carry out the 
evaluation authorized under section 1102(a)(4) and the demonstration 
program authorized under section 1202(k).''.

            Passed the House of Representatives March 21, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
```