Union Calendar No. 243
103D CONGRESS
2D SESSION
H. R. 3360
[Report No. 103–440]
A BILL
To direct the Secretary of Transportation to dem-
onstrate on vessels ballast water management
technologies and practices, including vessel modi-
fication and design, that will prevent aquatic
nonindigenous species from being introduced and
spread in United States waters.
MARCH 21, 1994
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 243
103D CONGRESS
2D SESSION
H. R. 3360
[Report No. 103–440]
To direct the Secretary of Transportation to demonstrate on vessels ballast
water management technologies and practices, including vessel modifica-
tion and design, that will prevent aquatic nonindigenous species from
being introduced and spread in United States waters.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 26, 1993
Mr. LIPINSKI (for himself, Mr. TAUZIN, Mr. MANTON, Mr. STUPAK, and Mr.
LAFALCE) introduced the following bill; which was referred to the Com-
mittee on Merchant Marine and Fisheries
MARCH 21, 1994
Additional sponsors: Mr. QUINN, Mr. HOEKSTRA, Mr. DELLUMS, Mr. UPTON,
Mr. VENTO, Mr. HUGHES, Ms. KAPTUR, Mr. KINGSTON, Mr.
HOCHBRUECKNER, Mr. VISCLOSKY, Mr. BONIOR, Mr. RIDGE, Mr.
EVANS, Mr. SANGMEISTER, Mr. HOUGHTON, Mr. DEFAZIO, Mr. SAND-
ERS, Mr. OBERSTAR, Ms. SLAUGHTER, Mr. ROMERO-BARCELO´, Mr.
BATEMAN, Mr. BARCIA of Michigan, Mr. PICKETT, Mr. GILCHREST, Mr.
GILLMOR, Mr. YATES, Mr. SABO, Mrs. BENTLEY, and Mr. HOYER
MARCH 21, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill see copy of bill as introduced on October 26, 1993]
A BILL
To direct the Secretary of Transportation to demonstrate
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on vessels ballast water management technologies and
practices, including vessel modification and design, that
will prevent aquatic nonindigenous species from being
introduced and spread in United States waters.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Ballast Water Manage-
ment Act’’.
SEC. 2. EVALUATION.
(a) Subsection 1102(a) of Public Law 101–646 (16
U.S.C. 4712(a)) is amended by adding the following new
paragraph at the end:
‘‘(4) NATIONAL
BALLAST
WATER
MANAGEMENT
EVALUATION.—
‘‘(A) Subject to the availability of appro-
priations, the Task Force shall contract with the
Marine Board of the National Research Council
to identify and evaluate ballast water manage-
ment technologies and practices that prevent the
introduction and spread of nonindigenous species
through ballast water discharged into United
States waters.
‘‘(B) In conducting the evaluation, the Ma-
rine Board shall consider, at a minimum, ballast
water management technologies and practices
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identified in the study prepared under para-
graph (3).
‘‘(C) In conducting the evaluation, the Ma-
rine Board shall identify, at a minimum, ballast
water management technologies and practices
that—
‘‘(i) may be retrofitted on existing ves-
sels or incorporated in new vessel designs;
‘‘(ii) are operationally practical;
‘‘(iii) are safe for vessel and crew;
‘‘(iv) are environmentally sound;
‘‘(v) are cost effective;
‘‘(vi) the vessel operator can monitor;
and
‘‘(vii) are effective against a broad
range of nuisance organisms.’’.
(b) Subsection 1102(c) of Public Law 101–646 (16
U.S.C. 4712(c)) is amended by adding the following new
paragraph at the end:
‘‘(3) NATIONAL
BALLAST
WATER
MANAGEMENT
EVALUATION REPORT.—Not later than one year after
the date of enactment of the Ballast Water Manage-
ment Act, the Task Force shall submit to the appro-
priate Committees a report on the results of the eval-
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uation conducted under paragraph (4) of subsection
(a).’’.
SEC. 3. NATIONAL BALLAST WATER MANAGEMENT DEM-
ONSTRATION PROGRAM.
(a) Section 1202 of Public Law 101–646 (16 U.S.C.
4722) is amended by—
(1) redesignating subsection (k) as subsection (l);
and
(2) inserting after subsection (j) the following:
‘‘(k) NATIONAL BALLAST WATER MANAGEMENT DEM-
ONSTRATION PROGRAM.—
‘‘(1) AUTHORIZATION.—Following the submis-
sion of the evaluation authorized under section
1102(a)(4) and subject to the availability of appro-
priations under section 1301(e), the Administrator of
the Maritime Administration, in consultation with
the Task Force, shall conduct a national ballast water
management demonstration program to test and
evaluate ballast water management technologies and
practices, including those identified in the evaluation
authorized under paragraph 1102(a)(4), to prevent
the introduction and spread of nonindigenous species
through ballast water discharged into United States
waters.
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‘‘(2) CRITERIA.—In carrying out the demonstra-
tion program authorized under this subsection, the
Administrator of the Maritime Administration shall
use vessels that are documented under chapter 121 of
title 46, United States Code, including vessels operat-
ing on the Great Lakes. Any necessary ballast water
management technology installation or construction
on a vessel used in the demonstration program shall
be performed by a United States shipyard or ship re-
pair facility.
‘‘(3) AUTHORITIES.—In conducting the dem-
onstration program under this subsection, the Task
Force and the Administrator of the Maritime Admin-
istration may accept donations of property and serv-
ices.’’.
(b) Subsection 1202(l), as redesignated by this Act, is
amended by adding the following new paragraph at the end:
‘‘(3) Not later than one year after the submission
of the evaluation authorized under section 1102(a)(4)
and periodically as necessary to report new findings,
the Administrator of the Maritime Administration, in
consultation with the Task Force, shall submit to the
appropriate Committees a report on the results of the
demonstration program conducted under subsection
(k).’’.
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SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 1301 of Public Law 101–646 (16 U.S.C. 4741)
is amended by adding the following new subsection at the
end:
‘‘(e) NATIONAL BALLAST WATER MANAGEMENT EVAL-
UATION AND DEMONSTRATION PROGRAM.—There are au-
thorized to be appropriated to the Director and the Under
Secretary $150,000 for fiscal year 1995 and to the Adminis-
trator of the Maritime Administration $1,850,000 for fiscal
year 1996, to remain available until expended, to carry out
the evaluation authorized under section 1102(a)(4) and the
demonstration program authorized under section 1202(k).’’.