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

                                                       Calendar No. 589
110th CONGRESS
  2d Session
                                S. 1578

                          [Report No. 110-269]

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

                             March 3, 2008

               Reported by Mr. Inouye, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Ballast Water Management 
Act of 2007''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Section 1002(a) of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4701(a)) is amended--
</DELETED>
        <DELETED>    (1) by redesignating paragraphs (14) and (15) as 
        paragraphs (15) and (16);</DELETED>
        <DELETED>    (2) by inserting after paragraph (13) the 
        following:</DELETED>
        <DELETED>    ``(14) aquatic nuisance species may be introduced 
        by other vessel conduits, including the hulls of 
        ships;'';</DELETED>
        <DELETED>    (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;'';</DELETED>
        <DELETED>    (4) by inserting ``nongovernmental entities, 
        institutions of higher education, and the private sector,'' 
        after ``governments,'' in paragraph (16), as 
        redesignated;</DELETED>
        <DELETED>    (5) by striking ``technologies.'' in paragraph 
        (16), as redesignated, and inserting ``technologies;''; 
        and</DELETED>
        <DELETED>    (6) adding at the end the following:</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. MANAGEMENT OF VESSEL-BORNE AQUATIC NUISANCE 
              SPECIES.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 1101. MANAGEMENT OF VESSEL-BORNE AQUATIC NUISANCE 
              SPECIES.</DELETED>

<DELETED>    ``(a) Statement of Purpose; Vessels to Which This Section 
Applies.--</DELETED>
        <DELETED>    ``(1) Purposes.--The purposes of this section 
        are--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) to require, as part of that 
                approach, mandatory treatment technology, with the 
                ultimate goal of achieving zero discharge of aquatic 
                nuisance species;</DELETED>
                <DELETED>    ``(C) to create incentives for the 
                development of ballast water treatment 
                technologies;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(E) to establish a management approach 
                for other ship-borne vectors of aquatic nuisance 
                species.</DELETED>
        <DELETED>    ``(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</DELETED>
                <DELETED>    ``(A) is a vessel of United States 
                registry or nationality, or operated under the 
                authority of the United States, wherever located; 
                or</DELETED>
                <DELETED>    ``(B) is a foreign vessel that--</DELETED>
                        <DELETED>    ``(i) is en route to a United 
                        States port or place; or</DELETED>
                        <DELETED>    ``(ii) has departed from a United 
                        States port or place and is within waters 
                        subject to the jurisdiction of the United 
                        States.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Armed forces vessels.--</DELETED>
                <DELETED>    ``(A) Exemption.--Except as provided in 
                subparagraph (B) and paragraph (6), this section does 
                not apply to a vessel of the Armed Forces.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) consistent with the 
                        requirements of this section, including the 
                        deadlines; and</DELETED>
                        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(b) Uptake and Discharge of Ballast Water or Sediment.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Exceptions.--Paragraph (1) does not apply to 
        the uptake or discharge of ballast water or sediment in the 
        following circumstances:</DELETED>
                <DELETED>    ``(A) The uptake or discharge is solely 
                for the purpose of--</DELETED>
                        <DELETED>    ``(i) ensuring the safety of the 
                        vessel in an emergency situation; or</DELETED>
                        <DELETED>    ``(ii) saving a life at 
                        sea.</DELETED>
                <DELETED>    ``(B) The uptake or discharge is 
                accidental and the result of damage to the vessel or 
                its equipment and--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) the owner or officer in 
                        charge of the vessel did not willfully or 
                        recklessly cause the damage.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Vessel Ballast Water Management Plan.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) meets the requirements prescribed by 
                the Secretary by regulation; and</DELETED>
                <DELETED>    ``(B) is approved by the 
                Secretary.</DELETED>
        <DELETED>    ``(2) Approval criteria.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary may not 
                approve a ballast water management plan unless the 
                Secretary determines that the plan--</DELETED>
                        <DELETED>    ``(i) describes in detail the 
                        actions to be taken to implement the ballast 
                        water management requirements established under 
                        this section;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(iii) describes in detail safety 
                        procedures for the vessel and crew associated 
                        with ballast water management;</DELETED>
                        <DELETED>    ``(iv) designates the officer on 
                        board the vessel in charge of ensuring that the 
                        plan is properly implemented;</DELETED>
                        <DELETED>    ``(v) contains the reporting 
                        requirements for vessels established under this 
                        section and a copy of each form necessary to 
                        meet those requirements;</DELETED>
                        <DELETED>    ``(vi) incorporates regulatory 
                        requirements, guidance, and best practices 
                        developed under subsection (s) for other vessel 
                        pathways by which aquatic nuisance species are 
                        transported; and</DELETED>
                        <DELETED>    ``(vii) meets all other 
                        requirements prescribed by the 
                        Secretary.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Copy of plan on board vessel.--The owner or 
        operator of a vessel to which this section applies shall--
        </DELETED>
                <DELETED>    ``(A) maintain a copy of the vessel's 
                ballast water management plan on board at all times; 
                and</DELETED>
                <DELETED>    ``(B) keep the plan readily available for 
                examination by the Secretary at all reasonable 
                times.</DELETED>
<DELETED>    ``(d) Vessel Ballast Water Record Book.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) each operation involving ballast 
                water or sediment discharge is fully recorded without 
                delay, in accordance with regulations promulgated by 
                the Secretary;</DELETED>
                <DELETED>    ``(B) each such operation is described in 
                detail, including the location and circumstances of, 
                and the reason for, the operation; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Availability.--The ballast water record 
        book--</DELETED>
                <DELETED>    ``(A) shall be kept readily available for 
                examination by the Secretary at all reasonable times; 
                and</DELETED>
                <DELETED>    ``(B) notwithstanding paragraph (1), may 
                be kept on the towing vessel in the case of an unmanned 
                vessel under tow.</DELETED>
        <DELETED>    ``(3) Retention period.--The ballast water record 
        book shall be retained--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) under the control of the vessel's 
                owner for an additional period of 3 years.</DELETED>
        <DELETED>    ``(4) Regulations.--In the regulations prescribed 
        under this section, the Secretary shall require, at a minimum, 
        that--</DELETED>
                <DELETED>    ``(A) each entry in the ballast water 
                record book be signed and dated by the officer in 
                charge of the ballast water operation 
                recorded;</DELETED>
                <DELETED>    ``(B) each completed page in the ballast 
                water record book be signed and dated by the master of 
                the vessel; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Ballast Water Exchange Requirements.--</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) using ballast water 
                        treatment technology that meets the performance 
                        standards of subsection (f); or</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Guidance; 5-year usage.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Exchange areas.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) before arriving at a United 
                        States port or place;</DELETED>
                        <DELETED>    ``(ii) at least 200 nautical miles 
                        from the nearest point of land; and</DELETED>
                        <DELETED>    ``(iii) in water at least 200 
                        meters in depth.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) at least 50 nautical miles 
                        from the nearest point of land; and</DELETED>
                        <DELETED>    ``(ii) in water at least 200 
                        meters in depth.</DELETED>
        <DELETED>    ``(4) Safety or stability exception.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) undertake ballast water 
                        exchange--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Discharge under waiver.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Substantial business hardship.--For 
                purposes of subparagraph (A), the factors taken into 
                account in determining substantial business hardship 
                shall include whether--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(6) Permissable discharge.--</DELETED>
                <DELETED>    ``(A) In general.--The discharge of 
                unexchanged ballast water shall be considered to be 
                carried out in accordance with this paragraph if it 
                is--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) into a reception facility 
                        described in subsection (f)(2).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(7) Partial compliance.--The operator of a 
        vessel that is unable to comply fully with the requirements of 
        paragraph (3)--</DELETED>
                <DELETED>    ``(A) shall nonetheless conduct ballast 
                water exchange to the maximum extent feasible in 
                compliance with those paragraphs; and</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) if the vessel operates exclusively--
                </DELETED>
                        <DELETED>    ``(i) within Lake Superior, Lake 
                        Michigan, Lake Huron, and Lake Erie and the 
                        connecting channels; or</DELETED>
                        <DELETED>    ``(ii) between or among the main 
                        group of the Hawaiian Islands; or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(11) Vessels operating in the great lakes.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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)--</DELETED>
                        <DELETED>    ``(i) the program regulating 
                        vessels and ballast water in Great Lakes under 
                        this section shall terminate; and</DELETED>
                        <DELETED>    ``(ii) the national program shall 
                        apply to such vessels and ballast 
                        water.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                        <DELETED>    ``(i) such a ship shall conduct 
                        saltwater flushing of ballast water tanks--
                        </DELETED>
                                <DELETED>    ``(I) outside the 
                                exclusive economic zone; or</DELETED>
                                <DELETED>    ``(II) at a designated 
                                alternative exchange site; 
                                and</DELETED>
                        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Ballast Water Treatment Requirements.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) less than 1 living organism per 10 
                cubic meters that is 50 or more micrometers in minimum 
                dimension;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) concentrations of indicator microbes 
                that are less than--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) 126 colony-forming units of 
                        escherichia coli per 100 milliliters; 
                        and</DELETED>
                        <DELETED>    ``(iii) 33 colony-forming units of 
                        intestinal enterococci per 100 milliliters; 
                        and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Reception facility exception.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the reception of ballast 
                        water from vessels into reception facilities; 
                        and</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Implementation schedule.--Paragraph (1) 
        applies to vessels in accordance with the following 
        schedule:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Fourth phase.--Beginning January 1, 
                2015, for vessels constructed--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) on or after January 1, 
                        2011, and before January 1, 2013, with a 
                        ballast water capacity of 5,000 cubic meters or 
                        more.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Feasibility review.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the effectiveness of a 
                        technology in achieving the 
                        standards;</DELETED>
                        <DELETED>    ``(ii) feasibility in terms of 
                        compatibility with ship design and 
                        operations;</DELETED>
                        <DELETED>    ``(iii) safety 
                        considerations;</DELETED>
                        <DELETED>    ``(iv) whether a technology has an 
                        adverse impact on the environment; 
                        and</DELETED>
                        <DELETED>    ``(v) cost 
                        effectiveness.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) extend the date on which 
                        that subparagraph first applies to vessels for 
                        a period of not more than 24 months; 
                        and</DELETED>
                        <DELETED>    ``(ii) recommend action to ensure 
                        that compliance with the extended date schedule 
                        for that subparagraph is achieved.</DELETED>
                <DELETED>    ``(C) Higher standards; earlier 
                implementation.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) Delay of application for vessel 
        participating in promising technology evaluations.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Vessel diversity.--The Secretary--
                </DELETED>
                        <DELETED>    ``(i) shall seek to ensure that a 
                        wide variety of vessel types and voyages are 
                        included in the program; but</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(7) Review of standards.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the 10-year period beginning on the 
                date of initial use of the technology; or</DELETED>
                <DELETED>    ``(B) the life of the ship on which the 
                technology is used.</DELETED>
        <DELETED>    ``(9) High-risk vessels.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(10) Exception for vessels operating exclusively 
        in determined area.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Warnings Concerning Ballast Water Uptake.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Contents.--The notice shall include--
        </DELETED>
                <DELETED>    ``(A) the coordinates of the area; 
                and</DELETED>
                <DELETED>    ``(B) if possible, the location of 
                alternative areas for the uptake of ballast 
                water.</DELETED>
<DELETED>    ``(h) Sediment Management.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) in accordance with this subsection 
                and the ballast water management plan required under 
                subsection (c); and</DELETED>
                <DELETED>    ``(B) more than 200 nautical miles from 
                the nearest point of land or into a reception facility 
                that meets the requirements of paragraph (3).</DELETED>
        <DELETED>    ``(2) Design requirements.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) minimizes the uptake and 
                        entrapment of sediment;</DELETED>
                        <DELETED>    ``(ii) facilitates removal of 
                        sediment; and</DELETED>
                        <DELETED>    ``(iii) provides for safe access 
                        for sediment removal and sampling.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Sediment reception facilities.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(i) Examinations and Certifications.--</DELETED>
        <DELETED>    ``(1) Initial examination.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall 
                examine vessels to which this section applies to 
                determine whether--</DELETED>
                        <DELETED>    ``(i) there is a ballast water 
                        management plan for the vessel that meets the 
                        requirements of this section; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Existing vessels.--For vessels 
                constructed before January 1, 2011, the Secretary 
                shall--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) inspect the vessel's 
                        ballast water record book required by 
                        subsection (d).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Inspection authority.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) notify in writing--</DELETED>
                        <DELETED>    ``(i) the master of the vessel; 
                        and</DELETED>
                        <DELETED>    ``(ii) the captain of the port at 
                        the vessel's next port of call; and</DELETED>
                <DELETED>    ``(B) take such other action as may be 
                appropriate.</DELETED>
        <DELETED>    ``(6) Compliance and monitoring.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(j) Detention of Vessels.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the vessel is a vessel to which this 
                section applies; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Clearance.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(k) Sanctions.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Criminal penalties.--Any person who 
        knowingly violates the regulations promulgated under this 
        section is guilty of a class C felony.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Exception to sanctions.--This subsection 
        does not apply to a discharge pursuant to subsection (b)(3), 
        (e)(5), or (e)(7).</DELETED>
<DELETED>    ``(l) Enforcement.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(q) Consultation With Task Force.--The Secretary shall 
consult with the Task Force in carrying out this section.</DELETED>
<DELETED>    ``(r) Risk Assessment.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) a characterization of the various 
                types of discharges by different classes of 
                vessels;</DELETED>
                <DELETED>    ``(B) the average volume of such 
                discharges for individual vessels and by class of 
                vessel in the aggregate;</DELETED>
                <DELETED>    ``(C) conclusions as to whether such 
                discharges pose a risk to human health or the 
                environment; and</DELETED>
                <DELETED>    ``(D) recommendations as to steps, 
                including regulations, that are necessary to address 
                such risks.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(s) Other Sources of Vessel-Borne Nuisance Species.--
</DELETED>
        <DELETED>    ``(1) Hull-fouling and other vessel sources.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) necessary modifications of 
                        existing regulations;</DELETED>
                        <DELETED>    ``(iii) best practices standards 
                        and procedures; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) recommendations, including 
                legislative recommendations if appropriate, of options 
                for addressing ballast water operations of those 
                vessels.</DELETED>
<DELETED>    ``(t) Regulations.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Judicial review.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(u) Savings Clause.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Definitions.--</DELETED>
        <DELETED>    (1) In general.--Section 1003 of the Nonindigenous 
        Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
        4702) is amended--</DELETED>
                <DELETED>    (A) by redesignating paragraph (1) as 
                paragraph (1A);</DELETED>
                <DELETED>    (B) by inserting before paragraph (1A), as 
                redesignated, the following:</DELETED>
        <DELETED>    ``(1) `Administrator' means the Administrator of 
        the Environmental Protection Agency;'';</DELETED>
                <DELETED>    (C) by striking paragraph (3) and 
                inserting the following:</DELETED>
        <DELETED>    ``(3) `ballast water'--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) any water placed into a ballast tank 
                during cleaning, maintenance, or other operations; 
                but</DELETED>
                <DELETED>    ``(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;'';</DELETED>
                <DELETED>    (D) by inserting after paragraph (3) the 
                following:</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(3C) `constructed' means a state of construction 
        of a vessel at which--</DELETED>
                <DELETED>    ``(A) the keel is laid;</DELETED>
                <DELETED>    ``(B) construction identifiable with the 
                specific vessel begins;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(D) the vessel undergoes a major 
                conversion;'';</DELETED>
                <DELETED>    (E) by inserting after paragraph (10) the 
                following:</DELETED>
        <DELETED>    ``(10A) `major conversion' means a conversion of a 
        vessel, that--</DELETED>
                <DELETED>    ``(A) changes its ballast water carrying 
                capacity by at least 15 percent;</DELETED>
                <DELETED>    ``(B) changes the vessel class;</DELETED>
                <DELETED>    ``(C) is projected to prolong the vessel's 
                life by at least 10 years (as determined by the 
                Secretary); or</DELETED>
                <DELETED>    ``(D) results in modifications to the 
                vessel's ballast water system, except--</DELETED>
                        <DELETED>    ``(i) component replacement-in-
                        kind; or</DELETED>
                        <DELETED>    ``(ii) conversion of a vessel to 
                        meet the requirements of section 
                        1101(e);'';</DELETED>
                <DELETED>    (F) by inserting after paragraph (12), as 
                redesignated, the following:</DELETED>
        <DELETED>    ``(12A) `saltwater flushing' means the process 
        of--</DELETED>
                <DELETED>    ``(A) adding midocean water to a ballast 
                water tank that contains residual quantities of ballast 
                waters;</DELETED>
                <DELETED>    ``(B) mixing the midocean water with the 
                residual ballast water and sediment in the tank through 
                the motion of a vessel; and</DELETED>
                <DELETED>    ``(C) discharging the mixed water so that 
                the salinity of the resulting residual ballast water in 
                the tank exceeds 30 parts per thousand;</DELETED>
        <DELETED>    ``(12B) `sediment' means matter that has settled 
        out of ballast water within a vessel;'';</DELETED>
                <DELETED>    (G) by redesignating paragraph (15) as 
                paragraph (16A) and moving it to follow paragraph 
                (16);</DELETED>
                <DELETED>    (H) by inserting after paragraph (17) the 
                following:</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(17B) `vessel of the Armed Forces' means--
        </DELETED>
                <DELETED>    ``(A) any vessel owned or operated by the 
                Department of Defense, other than a time or voyage 
                chartered vessel; and</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) by striking ``As used in this Act, the 
                term--'' and inserting ``In this Act:'';</DELETED>
                <DELETED>    (B) by redesignating paragraphs (1) 
                through (17C) as paragraphs (1) through (27), 
                respectively; and</DELETED>
                <DELETED>    (C) by inserting a heading after the 
                designation of each existing paragraph, in a form 
                consistent with the form of the paragraphs added by 
                paragraph (1) of this subsection, consisting of the 
                term defined in such paragraph and ``The 
                term''.</DELETED>
<DELETED>    (c) Repeal of section 1103.--Section 1103 of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4713) is repealed.</DELETED>

<DELETED>SEC. 4. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 1301(a) of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4741(a)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``and'' after the semicolon in 
        paragraph (4)(B);</DELETED>
        <DELETED>    (2) by striking ``1102(f).'' in paragraph (5)(B) 
        and inserting ``1102(f); and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(6) $20,000,000 for each of fiscal years 2008 
        through 2012 to the Secretary to carry out section 
        1101.''.</DELETED>

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) Purpose.--The purpose of this section is 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, and, 
        in furtherance of that purpose--
                    ``(A) to require, as part of that approach, 
                mandatory treatment technology, with the ultimate goal 
                of achieving zero discharge of aquatic nuisance 
                species;
                    ``(B) to create incentives for the development of 
                ballast water treatment technologies;
                    ``(C) 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
                    ``(D) 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 alternative ballast water 
                        treatment technology, if the Secretary, in 
                        consultation with the Administrator, 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, and will not have an adverse 
                        impact on the environment.
                    ``(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, Lake Ontario, 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 concurrence by the State whose 
                state waters 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) In general.--A vessel may not discharge 
                ballast water or sediment containing aquatic nuisance 
                species within--
                            ``(i) a marine sanctuary designated under 
                        title III of the National Marine Sanctuaries 
                        Act (16 U.S.C. 1431 et seq.);
                            ``(ii) a national marine monument 
                        designated under the Antiquities Act of 1906; 
                        or
                            ``(iii) an area designated by the Secretary 
                        in any other waters, after consultation with 
                        the Undersecretary and the Administrator and 
                        opportunity for public comment, that meet the 
                        criteria established pursuant to subparagraph 
                        (B) of this paragraph.
                    ``(B) Additional areas.--The Secretary shall, after 
                consultation with the Undersecretary, the Administrator 
                and other appropriate Federal and State agencies, as 
                determined by the Secretary, and opportunity for public 
                comment, establish criteria for designating additional 
                areas in which, due to their sensitive ecological 
                nature, restrictions on the discharge of vessel ballast 
                water or sediment containing aquatic nuisance species 
                are warranted.
                    ``(C) State waters.--The governor of any State may 
                submit a written petition to the Secretary to designate 
                an area of State waters under subparagraph (A)(iii) 
                that meets the criteria established under subparagraph 
                (B) of this paragraph. The petition shall include a 
                detailed analysis as to how the area proposed to be 
                designated meets those criteria. An area may not be 
                designated under this paragraph until the Secretary 
                determines, based on evidence provided by the governor, 
                that adequate alternative areas or reception facilities 
                for discharging ballast water or sediment are 
                available. Within 180 days after receiving such a 
                petition, the Secretary shall--
                            ``(i) make a determination as to whether 
                        the proposal meets the requirements of this 
                        paragraph for designation, and
                            ``(ii) either--
                                    ``(I) publish a written notice of 
                                the petition and the proposed 
                                restrictions in the Federal Register; 
                                or
                                    ``(II) notify the governor in 
                                writing that the area proposed for 
                                designation does not qualify for 
                                designation under this paragraph and 
                                include in the notice a detailed 
                                explanation of why the area does not 
                                qualify for designation under this 
                                paragraph.
                    ``(D) Procedure; deadline.--Before designating any 
                area under subparagraph (A)(iii), whether on the 
                Secretary's initiative or in response to a petition 
                under subparagraph (C), the Secretary, after providing 
                an opportunity for public comment, shall publish notice 
                in the Federal Register of the proposed designation. 
                The Secretary and the Undersecretary shall make such 
                information available through other appropriate 
                mechanisms, including a notice to mariners and 
                inclusion on nautical charts. The designation of an 
                area by the Secretary under subparagraph (A)(iii) may 
                not take effect less than 180 days after the publishing 
                of such notice.
                    ``(E) Effect on state law.--Nothing in this 
                paragraph supersedes any State law in effect as of 
                January 1, 2007, that restricts the discharge of 
                ballast water or sediment in State waters and requires 
                such discharges to be made into reception facilities.
            ``(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, and of viruses, as may be specified in 
                regulations promulgated by the Administrator, after 
                consultation with the Secretary and other appropriate 
                Federal and State agencies as determined by the 
                Administrator, 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 and other appropriate 
                Federal and State 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 
        all vessels to which this section applies on January 1, 2012. 
        Based on the outcome of the feasibility review conducted under 
        paragraph (5), the Secretary may require different classes of 
        vessels to comply with paragraph (1) on a different schedule, 
        and shall establish different classes of vessels for this 
        purpose through regulations under this section.
            ``(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 
                January 1, 2012, 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). 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 technology that 
                complies with the standards set forth in paragraph (1) 
                in accordance with the schedule set forth in paragraph 
                (3), or as that date may be extended under this 
                paragraph, is not available or cost-effective for any 
                class of vessels, the Secretary shall require use of 
                cost-effective technology that achieves the performance 
                levels 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 
                is available 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 
                        paragraph 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 paragraph (1) of 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 
                        paragraph (1) of 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 Federal and 
                State agencies as determined by the Administrator, if 
                the standards under this subsection should be revised 
                to reduce the amount of organisms, microbes, or viruses 
                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 shortest of--
                    ``(A) the 10-year period beginning on the date of 
                initial use of technology required by paragraph (1);
                    ``(B) and the 5-year period beginning on the date 
                of initial use of technology that, at a minimum, meets 
                International Maritime Organization standards; or
                    ``(C) 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 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, or 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. The 
                Secretary shall update the list after any calendar 
                quarter in which new vessels are identified by States 
                under the preceding sentence.
                    ``(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) and subsection 
                (h)(1) do not apply to a vessel that operates 
                exclusively within a geographically limited 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 or sediment, that the risk of introducing and 
                spreading aquatic nuisance species through ballast 
                water or sediment 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 under subparagraph (A) to 
                follow, best practices, developed in consultation with 
                the Governors or States that may be affected, to 
                minimize the spreading of aquatic nuisance species or 
                infectious diseases in its operating area.
            ``(11) Testing protocols and laboratories.--
                    ``(A) In general.--The Secretary, in consultation 
                with the Administrator, shall, no later than 90 days 
                after the date of enactment of the Ballast Water 
                Management Act of 2007 and without regard to chapter 5 
                of title 5, United States Code, issue interim protocols 
                for verifying the performance of ballast water 
                treatment technologies required by this Act, criteria 
                for certifying laboratories to evaluate such 
                technologies, and procedures for approving treatment 
                equipment and systems for shipboard use.
                    ``(B) Protocols and procedures for treatment 
                technologies.--In developing protocols and procedures 
                for verifying and approving treatment technologies, the 
                Secretary, in consultation with the Administrator, 
                shall consider using existing protocols and procedures 
                including methods used as part of the Ballast Water 
                Management Demonstration Program by the Environmental 
                Protection Agency as a part of its Environmental 
                Testing & Verification Program, or by the Secretary as 
                part of the Coast Guard's Shipboard Technology 
                Evaluation Program.
                    ``(C) Laboratories.--The Secretary shall utilize 
                Federal or non-Federal laboratories that meet standards 
                established by the Secretary for the purpose of 
                evaluating and certifying ballast water treatment 
                technologies and equipment under this subsection.
                    ``(D) Requirements; updates.--The Secretary, in 
                consultation with the Administrator, shall periodically 
                review and, if necessary, revise the criteria, 
                protocols, and procedures developed under this 
                paragraph.
    ``(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;
                    ``(B) if possible, the location of alternative 
                areas for the uptake of ballast water; and
                    `(C) the length of time that such warning shall 
                remain in place.
    ``(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, 2011, 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, 
                2012, shall be modified before January 1, 2012, 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 Administrator, in 
                consultation with other appropriate Federal agencies as 
                determined by the Administrator, 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.
            ``(8) Report.--Beginning 1 year after final regulations 
        have been adopted pursuant to this section after its amendment 
        by the Ballast Water Management Act of 2007 and annually 
        thereafter, the Secretary shall prepare a report summarizing 
        the results of ballast water inspection and enforcement 
        activities. The report shall, at a minimum, include information 
        on the number of vessels inspected and the type of inspections, 
        the status of implementation of treatment technologies, the 
        number of exemptions claimed from ballast water exchange 
        requirements, the number of violations, a summary of 
        enforcement and regulatory actions, and overall compliance 
        statistics. The report shall be made available on the National 
        Ballast Information Clearinghouse established under section 
        1102(f).
    ``(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)(2), (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 Oceanic and Atmospheric Administration, the Environmental 
Protection Agency, and the United States Fish and Wildlife Service for 
the Federal Ballast Water Demonstration Project, the Secretary shall 
provide support, including grants, for research and development of 
innovative technologies for the management, treatment, and disposal of 
ballast water and sediment, for finalizing the validation testing of 
the verification protocol of the Environmental Technology Verification 
Program, 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 
2008 through 2012 to carry out this subsection.
    ``(q) Consultation With Task Force.--The Secretary shall consult 
with the Task Force in carrying out this section.
    ``(r) Evaluation of Vessel Discharges.--
            ``(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 an evaluation of 
        vessel discharges other than aquatic nuisance species, 
        incidental to the normal operation of a vessel as defined in 
        section 312(a)(12)(A) of the Clean Water Act (33 U.S.C. 
        1322(a)(12)(A)) 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 evaluation 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 evaluation to be published in the Federal Register 
        for public comment, and shall develop a final evaluation 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) Federal government vessels.--The strategy 
                shall include requirements to ensure the consistent 
                application of best practices to all vessels owned or 
                operated by any Federal agency or department and shall 
                preempt any other requirement of Federal, State, or 
                local law with respect to such vessel-borne vectors for 
                those vessels.
            ``(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) Rapid Response Plan.--
            ``(1) Preparation.--The President shall prepare and publish 
        a national rapid response plan for killing, removing, or 
        minimizing the spread of aquatic nuisance species in the waters 
        of the United States in accordance with this section.
    ``(2) Contents.--The national rapid response plan shall provide for 
efficient, coordinated, and effective action to minimize damage from 
aquatic nuisance species in the navigable waters of the United States, 
including killing, containing, and removal of the aquatic nuisance 
species, and shall include the following:
                    ``(A) Assignment of duties and responsibilities 
                among Federal departments and agencies in coordination 
                with State and local agencies and port authorities and 
                private entities.
                    ``(B) Identification, procurement, maintenance, and 
                storage of equipment and supplies needed to facilitate 
                the killing, containment, and removal of aquatic 
                nuisance species under this section.
                    ``(C) Establishment or designation of Federal 
                aquatic nuisance species response teams, consisting 
                of--
                            ``(i) trained personnel who shall be 
                        available to provide necessary services to 
                        carry out the national rapid response plan;
                            ``(ii) adequate equipment and material 
                        needed to facilitate the killing, containment, 
                        and removal of aquatic nuisance species under 
                        this section; and
                            ``(iii) a detailed plans to kill, contain, 
                        and remove aquatic nuisance species, including 
                        measures to protect fisheries and wildlife.
                    ``(D) A system of surveillance and notice designed 
                to safeguard against, as well as ensure earliest 
                possible notice of, the introduction of aquatic 
                nuisance species and imminent threats of such 
                introduction to the appropriate State and Federal 
                agencies.
                    ``(E) Establishment of a national center to provide 
                coordination and direction for operations in carrying 
                out the plan.--
                    ``(F) Procedures and techniques to be employed in 
                identifying, containing, killing, and removing aquatic 
                nuisance species in the waters of the United States.
                    ``(G) A schedule identifying--
                            ``(i) mitigating devices and substances, if 
                        any, that may be used in carrying out the plan;
                            ``(ii) the waters in which such mitigating 
                        devices and substances may be used; and
                            ``(iii) the quantities of such mitigating 
                        device or substance which can be used safely in 
                        such waters.
                    ``(H) A system whereby the State or States affected 
                by an aquatic nuisance species may act where necessary 
                to remove such species.
                    ``(I) Establishment of criteria and procedures to 
                ensure immediate and effective Federal identification 
                of, and response to, an introduction of aquatic 
                nuisance species.
                    ``(J) Designation of the Federal official who shall 
                be the Federal on-scene coordinator for measures taken 
                to kill, contain, and remove aquatic nuisance species 
                under this section.
                    ``(K) A fish and wildlife response plan for the 
                immediate and effective protection, rescue, and 
                rehabilitation of, and the minimization of risk of 
                damage to, fish and wildlife resources and their 
                habitat that are harmed or that may be jeopardized by 
                an introduction of an aquatic nuisance species.
            ``(3) Federal removal authority.--
                    ``(A) Removal requirement.--
                            ``(i) In general.--The President shall 
                        ensure, in accordance with the national rapid 
                        response plan, effective and immediate killing, 
                        containing, and removal of the aquatic nuisance 
                        species in the waters of the United States.
                            ``(ii) Discretionary authority.--Under the 
                        authority provided by clause (i), an aquatic 
                        nuisance species may be--
                                    ``(I) killed, contained, or removed 
                                at any time; and
                                    ``(II) all Federal, State, and 
                                private actions to kill, contain, and 
                                remove the aquatic nuisance species may 
                                be directed or monitored.
                    ``(B) Actions in accordance with national rapid 
                response plan.--Each Federal agency, State, owner or 
                operator, or other person participating in efforts 
                under this subsection shall act in accordance with the 
                national rapid response plan or as directed to carry 
                out the plan.
    ``(u) 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.
            ``(3) Right of action.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) of this paragraph, the governor of any 
                State which is, or can be, adversely affected by any 
                act or duty under this section which is not 
                discretionary, may bring an action on behalf of that 
                State--
                            ``(i) against the Secretary where there is 
                        alleged a failure of the Secretary to perform 
                        an act or duty under this Act which is not 
                        discretionary; and
                            ``(ii) against the Administrator where 
                        there is alleged a failure of the Administrator 
                        to perform an act or duty under this Act which 
                        is not discretionary.
                    ``(B) Conditions.--An action may not be commenced 
                under subparagraph (A) of this paragraph prior to 60 
                days after the plaintiff has given notice, in writing 
                and under oath, to the Secretary or Administrator, as 
                appropriate.
                    ``(C) Venue.--An action brought under this 
                subsection shall be brought in the United States 
                district court for the District of Columbia.
    ``(v) State Cooperative Agreements.--The Secretary may enter into a 
cooperative management agreement with the governor of a State to 
implement provisions of this section within State waters. The agreement 
may include arrangements for cooperative enforcement, inspection, 
research, and other provisions included in this Act. The Secretary may 
provide grants to States to implement the agreements.
    ``(w) Savings Clause.--
            ``(1) In general.--Nothing in this section shall preempt 
        any State or local law related to aquatic nuisance species from 
        vessel ballast water or sediment or other vessel-related 
        vectors that--
                    ``(A) does not require exchange or treatment 
                requirements substantively different from those 
                required under subsections (e) and (f); and
                    ``(B) does not conflict with the requirements of 
                this section; and
                    ``(C) does not pose an undue burden on interstate 
                commerce.
            ``(2) Reception facilities.--The standards prescribed by 
        the Administrator 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 aquatic nuisance 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.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.'';
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) Ballast water.--The term `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.--The term `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.--The term `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.--The term `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 striking ``Canandian'' in paragraph (7) and 
                inserting ``Canadian'';
                    (F) by inserting after paragraph (10) the 
                following:
            ``(10A) Major conversion.--The term `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).'';
                    (G) by inserting after paragraph (12), as 
                redesignated, the following:
            ``(12A) Saltwater flushing.--The term `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.--The term `sediment' means matter that 
        has settled out of ballast water within a vessel.'';
                    (H) by inserting after paragraph (17) the 
                following:
            ``(17A) United states port.--The term `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.--The term `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).
            ``(17C) Waters subject to the jurisdiction of the united 
        states.--The term `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;
                    (C) by inserting a heading after the designation of 
                each existing paragraph, in a form consistent with the 
                form of the paragraphs added by paragraph (1) of this 
                subsection, consisting of the term defined in such 
                paragraph and ``The term''; and
                    (D) by striking the semicolon at the end of each 
                paragraph that ends with a semicolon, and the semicolon 
                and ``and'' in paragraph (23) as redesignated, and 
                inserting a period.
    (c) Repeal of Section 1103.--Section 1103 of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4713) is 
repealed.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Section 1301(a) of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4741(a)) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (4)(B);
            (2) by striking ``1102(f).'' in paragraph (5)(B) and 
        inserting ``1102(f); and''; and
            (3) by adding at the end the following:
            ``(6) $50,000,000 for each of fiscal years 2008 through 
        2012 to the Secretary to carry out section 1101, of which up to 
        $10,000,000 shall be made available to States under subsection 
        (v).''.
                                                       Calendar No. 589

110th CONGRESS

  2d Session

                                S. 1578

                          [Report No. 110-269]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 3, 2008

                       Reported with an amendment
```