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$1,500,000 to the Secretary and $1,500,000 to 
the Under Secretary for each of fiscal years 
2008 through 2012. 
‘‘(g) WARNINGS CONCERNING BALLAST WATER UP-
TAKE.— 
‘‘(1) IN GENERAL.—The Secretary shall notify 
vessel owners and operators of any area in waters 
subject to the jurisdiction of the United States in 
which vessels may not uptake ballast water due to 
known conditions. 
‘‘(2) CONTENTS.—The notice shall include— 
‘‘(A) the coordinates of the area; and 
‘‘(B) if possible, the location of alternative 
areas for the uptake of ballast water. 
‘‘(h) SEDIMENT MANAGEMENT.— 
‘‘(1) IN GENERAL.—The operator of a vessel to 
which this section applies may not remove or dispose 
of sediment from spaces designed to carry ballast 
water, except— 
‘‘(A) in accordance with this subsection 
and the ballast water management plan ap-
proved under subsection (c); and 
‘‘(B)(i) more than 200 nautical miles from 
the nearest point of land; or 
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‘‘(ii) into a reception facility that meets the 
requirements of paragraph (3). 
‘‘(2) DESIGN REQUIREMENTS.— 
‘‘(A) NEW VESSELS.—After December 31, 
2008, a vessel to which this section applies may 
not be operated on waters subject to the juris-
diction of the United States, unless that vessel 
is designed and constructed in accordance with 
regulations issued under subparagraph (C) and 
in a manner that— 
‘‘(i) minimizes the uptake and entrap-
ment of sediment; 
‘‘(ii) facilitates removal of sediment; 
and 
‘‘(iii) provides for safe access for sedi-
ment removal and sampling. 
‘‘(B) EXISTING
VESSELS.—A vessel to 
which this section applies that was constructed 
before January 1, 2009, shall be modified, to 
the extent practicable, at the first drydocking of 
the vessel after December 31 2008, but not 
later than December 31, 2013, to achieve the 
objectives described in subparagraph (A). 
‘‘(C) REGULATIONS.—The Secretary shall 
issue regulations establishing design and con-
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struction standards to achieve the objectives of 
subparagraph (A) and providing guidance for 
modifications and practices under subparagraph 
(B). The Secretary shall incorporate the stand-
ards and guidance in the regulations governing 
the ballast water management plan approved 
under subsection (c). 
‘‘(3) SEDIMENT RECEPTION FACILITIES.— 
‘‘(A) STANDARDS.—The Secretary, in con-
sultation with the heads of other appropriate 
Federal agencies as determined by the Sec-
retary, shall issue regulations governing facili-
ties for the reception of vessel sediment from 
spaces designed to carry ballast water that pro-
vide for the disposal of such sediment in a way 
that does not impair or damage the environ-
ment, human health, or property or resources of 
the disposal area. 
‘‘(B) DESIGNATION.—The Secretary, in 
consultation with the heads of other appropriate 
Federal agencies as determined by the Sec-
retary shall designate facilities for the reception 
of vessel sediment that meet the requirements 
of the regulations issued under subparagraph 
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(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 manage-
ment plan for the vessel that is approved 
by the Secretary and a ballast water record 
book on the vessel that meets the require-
ments of subsection (d); 
‘‘(ii) the equipment used for ballast 
water and sediment management in ac-
cordance with the requirements of this sec-
tion and the regulations issued under this 
section is installed and functioning prop-
erly. 
‘‘(B) NEW
VESSELS.—For vessels con-
structed on or after January 1, 2009, the Sec-
retary shall conduct the examination required 
by subparagraph (A) before the vessel is placed 
in service. 
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‘‘(C) EXISTING VESSELS.—For vessels con-
structed before January 1, 2009, the Secretary 
shall— 
‘‘(i) conduct the examination required 
by subparagraph (A) before the date on 
which subsection (f)(1) applies to the ves-
sel according to the schedule in subsection 
(f)(3); and 
‘‘(ii) inspect the vessel’s ballast water 
record book required by subsection (d). 
‘‘(D) FOREIGN VESSEL.—In the case of a 
foreign vessel, the Secretary shall perform the 
examination required by this paragraph the 
first time the vessel enters a United States 
port. 
‘‘(2) SUBSEQUENT
EXAMINATIONS.—In addi-
tion to the examination required by paragraph (1), 
the Secretary shall annually examine vessels to 
which this section applies, to ensure compliance with 
the requirements of this section and the regulations 
issued under 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 
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of ballast water samples, to ensure compliance 
with this section. The Secretary shall use all 
appropriate and practical measures of detection 
and environmental monitoring such vessels and 
shall establish adequate procedures for report-
ing violations of this section and accumulating 
evidence regarding such violations. 
‘‘(B) INVESTIGATIONS.— 
‘‘(i) IN
GENERAL.—Upon receipt of 
evidence that a violation of this section or 
a regulation issued under this section has 
occurred, the Secretary shall cause the 
matter to be investigated. 
‘‘(ii) ISSUANCE
OF
SUBPOENAS.—In 
an investigation under this subparagraph, 
the Secretary may issue subpoenas to re-
quire the attendance of any witness and 
the production of documents and other evi-
dence. 
‘‘(iii) COMPELLING COMPLIANCE WITH 
SUBPOENAS.—In case of refusal to obey a 
subpoena issued under this subparagraph, 
the Secretary may request the Attorney 
General to invoke the aid of the appro-
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