604 
control technologies and prac-
tices; 
‘‘(iii) demonstrate methods for 
mitigating the spread of invasive 
species by coastal voyages, includ-
ing exploring the effectiveness of 
alternative exchange zones in the 
near coastal areas and other 
methods proposed to reduce trans-
fers of organisms; 
‘‘(iv) verify the practical effec-
tiveness of any process for approv-
ing a type of alternative ballast 
water management as meeting 
standards established under this 
subsection, to ensure that the 
process produces repeatable and 
accurate assessments of treatment 
effectiveness; and 
‘‘(v) evaluate the effectiveness 
and residual risk and environ-
mental impacts associated with 
any standard set with respect to 
the vessel pathways. 
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‘‘(B) AUTHORIZATION OF APPROPRIA-
TIONS.—In addition to other amounts 
authorized by this title, to carry out 
this paragraph there are authorized 
to be appropriated $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 
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 in-
clude— 
‘‘(A) the coordinates of the area; 
and 
‘‘(B) if possible, the location of al-
ternative areas for the uptake of bal-
last water. 
‘‘(h) SEDIMENT MANAGEMENT.— 
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‘‘(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, ex-
cept— 
‘‘(A) in accordance with this sub-
section and the ballast water manage-
ment plan approved under subsection 
(c); and 
‘‘(B)(i) more than 200 nautical 
miles from the nearest point of land; 
or 
‘‘(ii) into a reception facility that 
meets the requirements of paragraph 
(3). 
‘‘(2) DESIGN REQUIREMENTS.— 
‘‘(A) NEW
VESSELS.—After Decem-
ber 31, 2008, a vessel to which this sec-
tion applies may not be operated on 
waters subject to the jurisdiction of 
the United States, unless that vessel is 
designed and constructed in accord-
ance with regulations issued under 
subparagraph (C) and in a manner 
that— 
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‘‘(i) minimizes the uptake and 
entrapment of sediment; 
‘‘(ii) 
facilitates 
removal 
of 
sediment; and 
‘‘(iii) provides for safe access 
for sediment removal and sam-
pling. 
‘‘(B) EXISTING VESSELS.—A vessel to 
which this section applies that was 
constructed before January 1, 2009, 
shall be modified, to the extent prac-
ticable, 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 construction standards to 
achieve the objectives of subpara-
graph (A) and providing guidance for 
modifications and practices under 
subparagraph 
(B). 
The 
Secretary 
shall incorporate the standards and 
guidance in the regulations governing 
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the ballast water management plan 
approved under subsection (c). 
‘‘(3) SEDIMENT RECEPTION FACILITIES.— 
‘‘(A) STANDARDS.—The Secretary, 
in consultation with the heads of 
other appropriate Federal agencies as 
determined by the Secretary, shall 
issue 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 re-
sources of the disposal area. 
‘‘(B) DESIGNATION.—The Secretary, 
in consultation with the heads of 
other appropriate Federal agencies as 
determined by the Secretary shall des-
ignate facilities for the reception of 
vessel sediment that meet the require-
ments of the regulations issued under 
subparagraph (A) at ports and termi-
nals where ballast tanks are cleaned 
or repaired. 
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‘‘(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 is approved by the Secretary 
and a ballast water record book 
on the vessel that meets the re-
quirements of subsection (d); 
‘‘(ii) the equipment used for 
ballast water and sediment man-
agement in accordance with the 
requirements of this section and 
the regulations issued under this 
section is installed and func-
tioning properly. 
‘‘(B) NEW
VESSELS.—For vessels 
constructed on or after January 1, 
2009, the Secretary shall conduct the 
examination 
required 
by 
subpara-
graph (A) before the vessel is placed 
in service. 
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‘‘(C) EXISTING
VESSELS.—For ves-
sels constructed before January 1, 
2009, the Secretary shall— 
‘‘(i) conduct the examination 
required by subparagraph (A) be-
fore the date on which subsection 
(f)(1) applies to the vessel accord-
ing 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 ves-
sel enters a United States port. 
‘‘(2) 
SUBSEQUENT
EXAMINATIONS.—In 
addition to the examination required by 
paragraph (1), the Secretary shall annu-
ally examine vessels to which this section 
applies, to ensure compliance with the re-
quirements of this section and the regula-
tions issued under this section. 
‘‘(3) INSPECTION AUTHORITY.— 
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‘‘(A) IN
GENERAL.—The Secretary 
may carry out inspections of any ves-
sel to which this section applies at 
any time, including the taking of bal-
last water samples, to ensure compli-
ance with this section. The Secretary 
shall use all appropriate and prac-
tical measures of detection and envi-
ronmental monitoring such vessels 
and shall establish adequate proce-
dures for reporting violations of this 
section and accumulating evidence re-
garding 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 mat-
ter to be investigated. 
‘‘(ii) ISSUANCE OF SUBPOENAS.— 
In an investigation under this 
subparagraph, the Secretary may 
issue subpoenas to require the at-
tendance of any witness and the 
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production 
of 
documents 
and 
other evidence. 
‘‘(iii) COMPELLING
COMPLIANCE 
WITH
SUBPOENAS.—In case of re-
fusal to obey a subpoena issued 
under this subparagraph, the Sec-
retary may request the Attorney 
General to invoke the aid of the 
appropriate district court of the 
United States to compel compli-
ance. 
‘‘(4) STATE PROGRAMS.— 
‘‘(A) SUBMISSION TO SECRETARY.—At 
any time after the date of issuance of 
ballast water treatment regulations 
issued under this section, the Gov-
ernor of each State desiring to admin-
ister its own inspection and enforce-
ment authority for ballast water dis-
charges within its jurisdiction may 
submit to the Secretary a complete de-
scription of the program the Governor 
proposes to establish and administer 
under State law. In addition, the Gov-
ernor shall submit a statement from 
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the attorney general that the laws of 
such State provide adequate authority 
to carry out the described program. 
‘‘(B) 
APPROVAL.—The 
Secretary 
shall approve a program submitted 
under subparagraph (A), unless the 
Secretary determines that adequate 
resources do not exist or, in the case of 
ballast water testing, that adequate 
scientific expertise does not exist— 
‘‘(i) to inspect, monitor, and 
board any vessel to which this sec-
tion applies at any time, including 
the taking and testing of ballast 
water samples, to ensure the ves-
sel’s compliance with this section; 
‘‘(ii) to ensure that any ballast 
water discharged within the wa-
ters subject to the jurisdiction of 
the State meet the ballast water 
requirements of this section and 
the regulations issued under this 
section, including any revisions to 
such requirements and regula-
tions; 
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‘‘(iii) to establish adequate 
procedures for reporting viola-
tions of this section; 
‘‘(iv) to investigate and abate 
violations of this section, includ-
ing civil and criminal penalties 
and other ways and means of en-
forcement; and 
‘‘(v) to ensure that the Sec-
retary receives notice of each vio-
lation of the ballast water treat-
ment requirements issued under 
this section in an expeditious 
manner. 
‘‘(C) SUSPENSION
OF
FEDERAL
AU-
THORITIES.—Not later than 90 days 
after the date on which a State sub-
mits a program (or revision thereof) 
under this paragraph, the Secretary 
shall suspend its authorities under 
subsections (k) and (l) in such State, 
unless the Secretary determines that 
the State program does not meet the 
requirements of this paragraph. If the 
Secretary so determines, the Secretary 
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shall notify the State of any revisions 
or modifications necessary to conform 
to such requirements. 
‘‘(D) COMPLIANCE.—Any State pro-
gram approved under this paragraph 
shall at all times be conducted in ac-
cordance with this section and regula-
tions issued under this section. 
‘‘(E) WITHDRAWAL
OF
APPROVAL.— 
Whenever the Secretary determines, 
after public hearing, that a State is 
not administering a program ap-
proved under this paragraph in ac-
cordance with this section and regula-
tions issued under this section, the 
Secretary shall notify the State and, if 
appropriate corrective action is not 
taken within a reasonable period of 
time not to exceed 90 days, the Sec-
retary shall withdraw approval of the 
program. The Secretary shall not 
withdraw approval of any program 
unless the Secretary shall first have 
notified the State, and made public, 
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in writing, the reasons for such with-
drawal. 
‘‘(F) 
LIMITATION
ON
STATUTORY 
CONSTRUCTION.—Nothing in this para-
graph shall limit the authority of the 
Secretary carry out inspections and 
investigations of any vessels under 
paragraph (3). 
‘‘(5) 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 issued 
under this section, the Secretary shall 
issue a certificate under this paragraph 
as evidence of such compliance. The cer-
tificate shall be valid for a period of not 
more than 5 years, as specified by the Sec-
retary. The certificate or a true copy shall 
be maintained on board the vessel. 
‘‘(6) NOTIFICATION
OF
VIOLATIONS.—If 
the Secretary finds, on the basis of an ex-
amination under paragraph (1) or (2), in-
vestigation under paragraph (3), or any 
other information, that a vessel is being 
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