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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1578 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                S. 1578

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

                              June 7, 2007

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

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ballast Water Management Act of 
2007''.

SEC. 2. FINDINGS.

    Section 1002(a) of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4701(a)) is amended--
            (1) by redesignating paragraphs (14) and (15) as paragraphs 
        (15) and (16);
            (2) by inserting after paragraph (13) the following:
            ``(14) aquatic nuisance species may be introduced by other 
        vessel conduits, including the hulls of ships;'';
            (3) by striking ``inland lakes and rivers by recreational 
        boaters, commercial barge traffic, and a variety of other 
        pathways; and'' in paragraph (15), as redesignated, and 
        inserting ``other areas of the United States, including coastal 
        areas, inland lakes, and rivers by recreational boaters, 
        commercial traffic, and a variety of other pathways;'';
            (4) by inserting ``nongovernmental entities, institutions 
        of higher education, and the private sector,'' after 
        ``governments,'' in paragraph (16), as redesignated;
            (5) by striking ``technologies.'' in paragraph (16), as 
        redesignated, and inserting ``technologies;''; and
            (6) adding at the end the following:
            ``(17) 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 nuisance species 
        through the control and management of ballast water and 
        sediments;
            ``(18) 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; 
        and
            ``(19) due to the interstate nature of maritime 
        transportation and the ways by which aquatic nuisance species 
        may be transferred by vessels, a comprehensive and uniform 
        national approach for addressing vessel-borne aquatic nuisance 
        species is needed to address this issue effectively.''.

SEC. 3. MANAGEMENT OF VESSEL-BORNE AQUATIC NUISANCE SPECIES.

    (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. MANAGEMENT OF VESSEL-BORNE AQUATIC NUISANCE SPECIES.

    ``(a) Statement of Purpose; Vessels to Which This Section 
Applies.--
            ``(1) Purposes.--The purposes of this section are--
                    ``(A) to provide an effective, comprehensive, and 
                uniform national approach for addressing the 
                introduction and spread of aquatic nuisance species 
                from ballast water and other ship-borne vectors;
                    ``(B) to require, as part of that approach, 
                mandatory treatment technology, with the ultimate goal 
                of achieving zero discharge of aquatic nuisance 
                species;
                    ``(C) to create incentives for the development of 
                ballast water treatment technologies;
                    ``(D) to implement the International Convention for 
                the Control and Management of Ships' Ballast Water and 
                Sediments, adopted by the International Maritime 
                Organization in 2004; and
                    ``(E) to establish a management approach for other 
                ship-borne vectors of aquatic nuisance species.
            ``(2) In general.--Except as provided in paragraphs (3), 
        (4), (5), and (6) 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.
            ``(3) Permanent ballast water vessels.--Except as provided 
        in paragraph (6), 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.
            ``(4) Armed forces vessels.--
                    ``(A) Exemption.--Except as provided in 
                subparagraph (B) and paragraph (6), this section does 
                not apply to a vessel of the Armed Forces.
                    ``(B) Ballast water management program.--The 
                Secretary and the Secretary of Defense, after 
                consultation with each other and with the Under 
                Secretary of Commerce for Oceans and Atmosphere, the 
                Administrator of the Environmental Protection Agency, 
                and other appropriate Federal agencies as determined by 
                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).
            ``(5) Special rule for small vessels.--In applying this 
        section to 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 purposes of this Act.
            ``(6) Other sources of vessel-borne aquatic nuisance 
        species.--Measures undertaken by the Secretary under subsection 
        (s) shall apply to all vessels (as defined in section 3 of 
        title 1, United States Code).
    ``(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 
        nuisance 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;
                            ``(vi) incorporates regulatory 
                        requirements, guidance, and best practices 
                        developed under subsection (s) for other vessel 
                        pathways by which aquatic nuisance species are 
                        transported; and
                            ``(vii) 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. Any electronic 
        recordkeeping method authorized by the Secretary shall support 
        the inspection and enforcement provisions of this Act and shall 
        comply with applicable standards of the National Institute of 
        Standards and Technology and the Office of Management and 
        Budget governing reliability, integrity, identity 
        authentication, and nonrepudiation of stored electronic data.
    ``(e) Ballast Water Exchange Requirements.--
            ``(1) In general.--
                    ``(A) Requirement.--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 in waters subject to the jurisdiction of 
                the United States except after--
                            ``(i) conducting ballast water exchange as 
                        required by this subsection, 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;
                            ``(ii) using ballast water treatment 
                        technology that meets the performance standards 
                        of subsection (f); or
                            ``(iii) using environmentally-sound 
                        alternative ballast water treatment technology, 
                        if the Secretary determines that such treatment 
                        technology is at least as effective as the 
                        ballast water exchange required by clause (i) 
                        in preventing and controlling the introduction 
                        of aquatic nuisance species.
                    ``(B) Technology efficacy.--For purposes of this 
                paragraph, a ballast water treatment technology shall 
                be considered to be at least as effective as the 
                ballast water exchange required by clause (i) in 
                preventing and controlling the introduction of aquatic 
                nuisance species if preliminary experiments prior to 
                installation of the technology aboard the vessel 
                demonstrate that the technology removed at least 98 
                percent of organisms larger than 50 microns.
            ``(2) Guidance; 5-year usage.--
                    ``(A) Guidance.--Within 1 year after the date of 
                enactment of the Ballast Water Management Act of 2007, 
                after public notice and opportunity for comment, the 
                Secretary shall develop guidance on technology that may 
                be used under paragraph (1)(A)(iii).
                    ``(B) 5-year usage.--The Secretary shall allow a 
                vessel using environmentally-sound alternative ballast 
                water treatment technology under paragraph (1)(A)(iii) 
                to continue to use that technology for 5 years after 
                the date on which the environmentally-sound alternative 
                ballast water treatment technology was first placed in 
                service on the vessel, or the date on which treatment 
                requirements under subsection (f) become applicable, 
                whichever is later.
            ``(3) 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.--In lieu of using an 
                exchange zone described in subparagraph (A)(ii) or 
                (iii), the operator of a vessel originating from a port 
                or place within waters subject to the jurisdiction of 
                the United States, 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, and which does not voyage into waters 
                described in subparagraph (A)(ii) or (iii), 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.
            ``(4) Safety or stability exception.--
                    ``(A) Secretarial determination.--Paragraph (3) 
                does not apply to the discharge of ballast water if the 
                Secretary determines that compliance with that 
                paragraph would threaten the safety or stability of the 
                vessel, its crew, or its passengers because of the 
                design or operating characteristics of the vessel.
                    ``(B) Master of the vessel determination.--
                Paragraph (3) does not apply to the discharge of 
                ballast water if the master of a vessel determines that 
                compliance with that paragraph 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.
                    ``(C) Notification required.--Whenever the master 
                of a vessel is unable to comply with the requirements 
                of paragraph (3) because of a determination made under 
                subparagraph (B), 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 
                                Undersecretary, and other appropriate 
                                Federal agencies as determined by the 
                                Secretary, and representatives of 
                                States the waters of which may be 
                                affected by the discharge of ballast 
                                water; or
                                    ``(II) undertake discharge of 
                                ballast water in accordance with 
                                paragraph (6) if safety or stability 
                                concerns prevent undertaking ballast 
                                water exchange in the alternative area.
                    ``(D) 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.
            ``(5) 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 (3)(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 (6). 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 (3)(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).
            ``(6) Permissable discharge.--
                    ``(A) In general.--The discharge of unexchanged 
                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 other appropriate 
                        Federal agencies as determined by the Secretary 
                        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.
            ``(7) Partial compliance.--The operator of a vessel that is 
        unable to comply fully with the requirements of paragraph (3)--
                    ``(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)(A).
            ``(8) Certain geographically limited routes.--
        Notwithstanding paragraph (3)(B) of this subsection, the 
        operator of a vessel is not required to comply with the 
        requirements of this subsection--
                    ``(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 
                nuisance 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 2007.
            ``(11) Vessels operating in the great lakes.--
                    ``(A) Regulations.--Until such time as regulations 
                are promulgated to implement the amendments made by the 
                Ballast Water Management Act of 2007, regulations 
                promulgated to carry out this Act shall remain in 
                effect until revised or replaced pursuant to the 
                Ballast Water Management Act of 2007.
                    ``(B) Relationship to other programs.--On 
                promulgation of regulations required under this Act to 
                implement a national mandatory ballast management 
                program that is at least as comprehensive as the Great 
                Lakes program (as determined by the Secretary, in 
                consultation with the Governors of Great Lakes 
                States)--
                            ``(i) the program regulating vessels and 
                        ballast water in Great Lakes under this section 
                        shall terminate; and
                            ``(ii) the national program shall apply to 
                        such vessels and ballast water.
            ``(12) Vessels with no ballast on board.--Not later than 
        180 days after the date of enactment of the Ballast Water 
        Management Act of 2007, the Secretary shall promulgate 
        regulations to minimize the discharge of invasive species from 
        ships entering a United States port or place from outside the 
        United States exclusive economic zone that claim no ballast on 
        board, or that claim to be carrying only unpumpable quantities 
        of ballast, including, at a minimum, a requirement that--
                            ``(i) such a ship shall conduct saltwater 
                        flushing of ballast water tanks--
                                    ``(I) outside the exclusive 
                                economic zone; or
                                    ``(II) at a designated alternative 
                                exchange site; and
                            ``(ii) before being allowed entry into the 
                        Great Lakes beyond the St. Lawrence Seaway, the 
                        master of such a ship shall certify that the 
                        ship has complied with each applicable 
                        requirement under this subsection.
    ``(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 Administrator, after consultation with the 
                Secretary and other appropriate Federal agencies as 
                determined by the Secretary, 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 a facility 
                for the reception of ballast water that meets standards 
                prescribed by the Administrator.
                    ``(B) Promulgation of standards.--Within 1 year 
                after the date of enactment of the Ballast Water 
                Management Act of 2007, the Administrator, in 
                consultation with the Secretary other appropriate 
                Federal agencies as determined by the Administrator, 
                shall promulgate standards for--
                            ``(i) the reception of ballast water from 
                        vessels into 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, 2011, 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, 2013, 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, 2013, for 
                vessels constructed before January 1, 2011, 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, 2015, for 
                vessels constructed--
                            ``(i) before January 1, 2011, 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, 2011, and 
                        before January 1, 2013, 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, in consultation with the 
        Administrator. The Secretary shall promulgate regulations 
        establishing a process for such approval, after consultation 
        with the Administrator and other appropriate Federal agencies 
        as determined by the Secretary, within 1 year after the date of 
        enactment of the Ballast Water Management Act of 2007.
            ``(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, in 
                consultation with the Administrator, 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 and other appropriate Federal 
                agencies as determined by the Secretary, 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 require use of the best performing 
                technology available that meets, at a minimum, the 
                applicable ballast water discharge standard of the 
                International Maritime Organization. If the Secretary 
                finds that no technology exists that will achieve 
                either the standards set forth in paragraph (1) or the 
                standards of the International Maritime Organization, 
                then, 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 is causing harm to the 
                environment, the Secretary shall revoke the approval 
                granted under subparagraph (A).
            ``(7) Review of standards.--
                    ``(A) In general.--In December, 2014, and in every 
                third year thereafter, the Administrator, in 
                consultation with the Secretary, shall review ballast 
                water treatment standards to determine, after 
                consultation with the Undersecretary and other 
                appropriate Federal agencies as determined by the 
                Secretary, 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 the spread of aquatic 
                nuisance species and improvements in ballast water 
                treatment technology. The Administrator shall revise by 
                regulation the performance standard required under 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) Installed equipment.--If ballast water treatment 
        technology used for purposes of complying with the regulations 
        under this subsection is installed on a vessel, maintained in 
        good working order, and used by the vessel, the vessel may use 
        that technology for the shorter of--
                    ``(A) the 10-year period beginning on the date of 
                initial use of the technology; or
                    ``(B) the life of the ship on which the technology 
                is used.
            ``(9) High-risk vessels.--
                    ``(A) Vessel list.--Within 1 year after the date of 
                enactment of the Ballast Water Management Act of 2007, 
                the Secretary shall publish and regularly update a list 
                of vessels identified by States 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 ballast 
                water pursuant to an exception under subsection (e), 
                pose a relatively high risk of introducing aquatic 
                nuisance species into the waters of those States.
                    ``(B) Incentive programs.--The Secretary shall give 
                priority to vessels on the list for participation in 
                pilot programs described in paragraph (6). Any Federal 
                agency, and any State agency with respect to vessels 
                identified by such State to the Secretary for inclusion 
                on the list pursuant to subparagraph (A), may develop 
                technology development programs or other incentives 
                (whether positive or negative) 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.
            ``(10) Exception for vessels operating exclusively in 
        determined area.--
                    ``(A) In general.--Paragraph (1) does not apply to 
                a vessel that operates exclusively within an area if 
                the Secretary has determined through a rulemaking 
                proceeding, after consultation with the Undersecretary 
                and other appropriate Federal agencies as determined by 
                the Secretary, and representatives of States the waters 
                of which could be affected by the discharge of ballast 
                water, that the risk of introducing aquatic nuisance 
                species through ballast water discharge from the vessel 
                is insignificant.
                    ``(B) Certain vessels.--A vessel constructed before 
                January 1, 2001, that operates exclusively within Lake 
                Superior, Lake Michigan, Lake Huron, and Lake Erie and 
                the connecting channels shall be presumed not to pose a 
                significant risk of introducing aquatic nuisance 
                species unless the Secretary finds otherwise in a 
                rulemaking proceeding under subparagraph (A).
                    ``(C) Best practices.--The Secretary shall develop, 
                and require vessels exempted from complying with the 
                requirements of paragraph (1) under this paragraph to 
                follow, best practices, developed in consultation with 
                the Governors or States that may be affected, to 
                minimize the spreading of aquatic nuisance species in 
                its operating area.
            ``(11) Laboratories.--The Secretary may use any Federal or 
        non-Federal laboratory that meets standards established by the 
        Secretary for the purpose of evaluating and certifying ballast 
        water treatment technologies and equipment under this 
        subsection.
    ``(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 may 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 Secretary, in consultation 
                with other appropriate Federal agencies as determined 
                by 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.
                    ``(B) Designation.--The Administrator, in 
                consultation with the Secretary and other appropriate 
                Federal agencies as determined by 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 in the 
                United States on or after January 1, 2011, 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, 2011, 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.--
                    ``(A) In general.--The Secretary may carry out 
                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. The Secretary shall use all appropriate and 
                practical measures of detection and environmental 
                monitoring, and shall establish adequate procedures for 
                reporting violations and accumulating evidence.
                    ``(B) Investigations.--Upon receipt of evidence 
                that a violation has occurred, the Secretary shall 
                cause the matter to be investigated. In any 
                investigation under this section the Secretary may 
                issue subpoenas to require the attendance of any 
                witness and the production of documents and other 
                evidence. In case of refusal to obey a subpoena issued 
                to any person, the Secretary may request the Attorney 
                General to invoke the aid of the appropriate district 
                court of the United States to compel compliance.
            ``(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 or the regulations promulgated hereunder, the 
        Secretary shall--
                    ``(A) notify in writing--
                            ``(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 and monitoring.--
                    ``(A) In general.--The Secretary shall by 
                regulation establish sampling and other procedures to 
                monitor compliance with the requirements of this 
                section and any regulations promulgated under this 
                section.
                    ``(B) Use of markers.--The Secretary may verify 
                compliance with treatment standards under this section 
                and the regulations through identification of markers 
                associated with a treatment technology's effectiveness, 
                such as the presence of indicators associated with a 
                certified treatment technology.
            ``(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 this section or 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 this section or the regulations issued under this 
        section.
            ``(4) Exception to sanctions.--This subsection does not 
        apply to a discharge pursuant to subsection (b)(3), (e)(5), or 
        (e)(7).
    ``(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. In determining the amount of a civil 
        penalty, the Secretary shall take into account the nature, 
        circumstances, extent, and gravity of the prohibited acts 
        committed and, with respect to the violator, the degree of 
        culpability, any history of prior violations, and such other 
        matters as justice may require.
            ``(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 nuisance species 
through ballast water.
    ``(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 nuisance species through ballast water. 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 nuisance species such as hull-
fouling. There are authorized to be appropriated to the Secretary 
$5,000,000 for each of fiscal years 2007 through 2011 to carry out this 
subsection.
    ``(q) Consultation With Task Force.--The Secretary shall consult 
with the Task Force in carrying out this section.
    ``(r) Risk Assessment.--
            ``(1) In general.--Within 2 years after the date of 
        enactment of the Ballast Water Management Act of 2007, the 
        Administrator, in consultation with the Secretary and other 
        appropriate Federal agencies, shall conduct a risk assessment 
        of vessel discharges other than aquatic nuisance species that 
        are not required by the Clean Water Act (33 U.S.C. 1251 et 
        seq.) to have National Pollution Effluent Discharge Standards 
        permits under section 122.3(a) of title 40, Code of Federal 
        Regulations. The risk assessment shall include--
                    ``(A) a characterization of the various types of 
                discharges by different classes of vessels;
                    ``(B) the average volume of such discharges for 
                individual vessels and by class of vessel in the 
                aggregate;
                    ``(C) conclusions as to whether such discharges 
                pose a risk to human health or the environment; and
                    ``(D) recommendations as to steps, including 
                regulations, that are necessary to address such risks.
            ``(2) Public comment.--The Administrator shall cause a 
        draft of the risk assessment to be published in the Federal 
        Register for public comment, and shall develop a final risk 
        assessment report after taking into accounts any comments 
        received during the public comment period.
            ``(3) Final report.--The Administrator shall transmit a 
        copy of the final report to the Senate Committee on Commerce, 
        Science, and Transportation and the House of Representatives 
        Committee on Transportation and Infrastructure.
    ``(s) Other Sources of Vessel-Borne Nuisance Species.--
            ``(1) Hull-fouling and other vessel sources.--
                    ``(A) Report.--Within 180 days after the date of 
                enactment of the Ballast Water Management Act of 2007, 
                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-borne vectors of aquatic nuisance species and 
                pathogens other than ballast water and sediment, 
                including vessel hulls, anchors, and equipment.
                    ``(B) Management.--Within 1 year after the date of 
                enactment of the Ballast Water Management Act of 2007, 
                the Secretary shall develop a strategy to address such 
                other vessel sources of aquatic nuisance species and to 
                reduce the introduction of invasive species into and 
                within the United States from vessels. The strategy 
                shall include--
                            ``(i) designation of geographical locations 
                        for update and discharge of untreated ballast 
                        water, as well as measures to address non-
                        ballast vessel vectors of aquatic invasive 
                        species;
                            ``(ii) necessary modifications of existing 
                        regulations;
                            ``(iii) best practices standards and 
                        procedures; and
                            ``(iv) a timeframe for implementation of 
                        those standards and procedures by vessels, in 
                        addition to the mandatory requirements set 
                        forth in this section for ballast water.
                    ``(C) Report.--The Secretary shall transmit a 
                report to the Committees describing the strategy, 
                proposed regulations, best practices, and the 
                implementation timeframe, together with any 
                recommendations, including legislative recommendations 
                if appropriate, the Secretary deems appropriate.
                    ``(D) Standards for vessels of the united states.--
                The strategy shall include requirements to ensure the 
                consistent application of best practices to all vessels 
                owned or operated by a Federal agency.
            ``(2) Transiting vessels.--Within 180 days after the date 
        of enactment of the Ballast Water Management Act of 2007, 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--
                    ``(A) 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
                    ``(B) recommendations, including legislative 
                recommendations if appropriate, of options for 
                addressing ballast water operations of those vessels.
    ``(t) Regulations.--
            ``(1) In general.--The Secretary, after consultation with 
        other appropriate Federal agencies, 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 2007.
            ``(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 in the United 
                States Court of Appeals for the District of Columbia 
                Circuit. Any such petition shall be filed within 120 
                days after the date on which notice of the promulgation 
                appears in the Federal Register, except that if the 
                petition is based solely on grounds arising after the 
                120th day, then any petition for review under this 
                subsection shall be filed within 120 days after those 
                grounds arise.
                    ``(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.
    ``(u) Savings Clause.--
            ``(1) In general.--Nothing in this section shall be 
        construed to preempt the authority of any State or local 
        government to impose penalties or fees for acts or omissions 
        that are violations of this Act, or to provide incentives under 
        subsection (f)(9)(B).
            ``(2) Reception facilities.--The standards prescribed by 
        the Secretary or other appropriate Federal agencies 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 sole Federal authority for preventing the 
        introduction of species through the control and management of 
        vessel ballast water or sediment or other vessel-related 
        vectors.''.
    (b) Definitions.--
            (1) In general.--Section 1003 of the Nonindigenous Aquatic 
        Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is 
        amended--
                    (A) by redesignating paragraph (1) as paragraph 
                (1A);
                    (B) by inserting before paragraph (1A), as 
                redesignated, the following:
            ``(1) `Administrator' means the Administrator of the 
        Environmental Protection Agency;'';
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) `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 taken on board a 
                vessel and used for a purpose described in subparagraph 
                (A) that, at the time of discharge, does not contain 
                aquatic nuisance species;'';
                    (D) by inserting after paragraph (3) the following:
            ``(3A) `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;
            ``(3B) `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 aquatic nuisance species and 
        pathogens within ballast water and sediment;
            ``(3C) `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;'';
                    (E) by inserting after paragraph (10) the 
                following:
            ``(10A) `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);'';
                    (F) by inserting after paragraph (12), as 
                redesignated, the following:
            ``(12A) `saltwater flushing' means the process of--
                    ``(A) adding midocean water to a ballast water tank 
                that contains residual quantities of ballast waters;
                    ``(B) mixing the midocean water with the residual 
                ballast water and sediment in the tank through the 
                motion of a vessel; and
                    ``(C) discharging the mixed water so that the 
                salinity of the resulting residual ballast water in the 
                tank exceeds 30 parts per thousand;
            ``(12B) `sediment' means matter that has settled out of 
        ballast water within a vessel;'';
                    (G) by redesignating paragraph (15) as paragraph 
                (16A) and moving it to follow paragraph (16);
                    (H) by inserting after paragraph (17) the 
                following:
            ``(17A) `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;
            ``(17B) `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
            ``(17C) `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.''.
            (2) Stylistic consistency.--Section 1003 of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4702), as amended by paragraph (1), is further 
        amended--
                    (A) by striking ``As used in this Act, the term--'' 
                and inserting ``In this Act:'';
                    (B) by redesignating paragraphs (1) through (17C) 
                as paragraphs (1) through (27), respectively; and
                    (C) by inserting a heading after the designation of 
                each existing paragraph, in a form consistent with the 
                form of the para
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