IIA

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.

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’’.
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1 SEC. 2. EVALUATION.

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

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

4 paragraph at the end:

5 ‘‘(4) NATIONAL BALLAST WATER MANAGEMENT

6 EVALUATION.—

7 ‘‘(A) Subject to the availability of appro8 priations, the Task Force shall contract with

9 the Marine Board of the National Research

10 Council to identify and evaluate ballast water

11 management technologies and practices that

12 prevent the introduction and spread of

13 nonindigenous species through ballast water

14 discharged into United States waters.

15 ‘‘(B) In conducting the evaluation, the Ma16 rine Board shall consider, at a minimum, bal17 last water management technologies and prac18 tices identified in the study prepared under

19 paragraph (3).

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

22 water management technologies and practices

23 that—

24 ‘‘(i) may be retrofitted on existing

25 vessels or incorporated in new vessel de26 signs;
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1 ‘‘(ii) are operationally practical;

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

3 ‘‘(iv) are environmentally sound;

4 ‘‘(v) are cost effective;

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

6 and

7 ‘‘(vii) are effective against a broad

8 range of nuisance organisms.’’.

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

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

11 paragraph at the end:

12 ‘‘(3) NATIONAL BALLAST WATER MANAGEMENT

13 EVALUATION REPORT.—Not later than 1 year after

14 the date of enactment of the Ballast Water Manage15 ment Act, the Task Force shall submit to the appro16 priate Committees a report on the results of the

17 evaluation conducted under paragraph (4) of sub18 section (a).’’.

19 SEC. 3. NATIONAL BALLAST WATER MANAGEMENT DEM20 ONSTRATION PROGRAM.

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

22 4722) is amended by—

23 (1) redesignating subsection (k) as subsection

24 (l); and

25 (2) inserting after subsection (j) the following:
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1 ‘‘(k) NATIONAL BALLAST WATER MANAGEMENT

2 DEMONSTRATION PROGRAM.—

3 ‘‘(1) AUTHORIZATION.—Following the submis4 sion of the evaluation authorized under section

5 1102(a)(4) and subject to the availability of appro6 priations under section 1301(e), the Administrator

7 of the Maritime Administration, in consultation with

8 the Task Force, shall conduct a national ballast

9 water management demonstration program to test

10 and evaluate ballast water management technologies

11 and practices, including those identified in the eval12 uation authorized under paragraph 1102(a)(4), to

13 prevent the introduction and spread of

14 nonindigenous species through ballast water dis15 charged into United States waters.

16 ‘‘(2) CRITERIA.—In carrying out the dem17 onstration program authorized under this sub18 section, the Administrator of the Maritime Adminis19 tration shall use vessels that are documented under

20 chapter 121 of title 46, United States Code, includ21 ing vessels operating on the Great Lakes. Any nec22 essary ballast water management technology instal23 lation or construction on a vessel used in the dem24 onstration program shall be performed by a United

25 States shipyard or ship repair facility.
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1 ‘‘(3) AUTHORITIES.—In conducting the dem2 onstration program under this subsection, the Task

3 Force and the Administrator of the Maritime Ad4 ministration may accept donations of property and

5 services.’’.

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

7 is amended by adding the following new paragraph at the

8 end:

9 ‘‘(3) Not later than 1 year after the submission

10 of the evaluation authorized under section

11 1102(a)(4) and periodically as necessary to report

12 new findings, the Administrator of the Maritime Ad13 ministration, in consultation with the Task Force,

14 shall submit to the appropriate Committees a report

15 on the results of the demonstration program con16 ducted under subsection (k).’’.

17 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

18 Section 1301 of Public Law 101–646 (16 U.S.C.

19 4741) is amended by adding the following new subsection

20 at the end:

21 ‘‘(e) NATIONAL BALLAST WATER MANAGEMENT

22 EVALUATION AND DEMONSTRATION PROGRAM.—There

23 are authorized to be appropriated to the Director and the

24 Under Secretary $150,000 for fiscal year 1995 and to the

25 Administrator of the Maritime Administration $1,850,000
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1 for fiscal year 1996, to remain available until expended,

2 to carry out the evaluation authorized under section

3 1102(a)(4) and the demonstration program authorized

4 under section 1202(k).’’.

Passed the House of Representatives March 21,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.