To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to establish vessel ballast water management requirements, and for other purposes.

February 10, 2005

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

To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to establish vessel ballast water management requirements, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Ballast Water Management Act of 2005'.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) The introduction of aquatic invasive species into the Nation's waters is one of the most urgent issues facing the marine environment in the United States.

(2) The direct and indirect costs of aquatic invasive species to the economy of the United States amount to billions of dollars per year.

(3) Invasive species are thought to have been involved in 70 percent of the last century's extinctions of native aquatic species.

(4) Invasive aquatic species are a significant problem in all regions of the United States, including Hawaii, Alaska, San Francisco Bay, the Great Lakes, the Southeast, and the Chesapeake Bay.

(5) Ballast water from ships is one of the largest pathways for the introduction and spread of aquatic invasive species.

(6) It has been estimated that some 10,000 non-indigenous aquatic organisms travel around the globe each day in the ballast water of cargo ships.

(7) Over 2 billion gallons of ballast water are discharged in United States waters each year. Ballast water may be the source of the largest volume of foreign organisms released on a daily basis into American ecosystems.

(8) Ballast water has been found to transport not only invasive plants and animals but human diseases as well, such as cholera.

(9) Invasive species may also be introduced by other vessel conduits, including the hulls of ships.

(10) Invasive aquatic species may originate in other countries, or from distinct regions in the United States.

(11) An average of 72 percent of all fish species introduced in the Southeast have become established, many of which are native to the United States but transplanted outside their native ranges.

(12) The introduction of non-indigenous species has been closely correlated with the disappearance of indigenous species in Hawaii and other islands.

(13) Despite the efforts of more than 20 State, Federal, and private agencies, unwanted alien pests are entering Hawaii at an alarming rate--about 2 million times more rapid than the natural rate.

(14) Current Federal programs are insufficient to effectively address this growing problem.

(15) Preventing aquatic invasive species from being introduced is the most cost-effective approach for addressing this issue, because once established, they are costly and sometimes impossible to control.

SEC. 3. BALLAST WATER MANAGEMENT.

(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. BALLAST WATER MANAGEMENT.

`(a) VESSELS TO WHICH SECTION APPLIES-

`(1) IN GENERAL- This section applies to a vessel that is designed or constructed to carry ballast water; and

`(A) is a vessel of the United States (as defined in section 2101(46) of title 46, United States Code); or

`(B) is a foreign vessel that--

`(i) is en route to a United States port; or

`(ii) has departed from a United States port and is within the exclusive economic zone.

`(2) EXCEPTIONS- Notwithstanding paragraph (1), this section does not apply to--

`(A) permanent ballast water in a sealed tank on a vessel that is not subject to discharge;

`(B) a vessel of the Armed Forces; or

`(C) a vessel, or category of vessels, exempted by the Secretary under paragraph (4).

`(3) STANDARDS FOR VESSELS OF THE ARMED FORCES- With respect to a vessel of the Armed Forces that is designed or constructed to carry ballast water, the Secretary of Defense, after consultation with the

Administrator of the Environmental Protection Agency and the Secretary, shall promulgate ballast water and sediment management standards for such vessels that, so far as is reasonable and practicable, achieve environmental results that are comparable to those achieved by the requirements of this section in waters subject to the jurisdiction of the United States. In promulgating those standards, the Secretary of Defense may take into account the standards promulgated for such vessels under section 312 of the Clean Water Act (33 U.S.C. 1322) to the extent that compliance with those standards would meet the requirements of this Act.

`(4) VESSEL EXEMPTIONS BY SECRETARY- The Secretary may exempt a vessel, or category of vessels, from the application of this section if the Secretary determines, after consultation with the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, that ballast water discharge from the vessel or category of vessels will not have an adverse impact (as defined in section 1003(1) of this Act), based on factors including the origin and destination of the voyages undertaken by such vessel or category of vessels.

`(5) COAST GUARD ASSESSMENT AND REPORT- Within 180 days after the date of enactment of the Ballast Water Management Act of 2005, 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 of ballast water operations from vessels designed or constructed to carry ballast water that are not described in paragraph (1) that are transiting waters subject to the jurisdiction of the United States; and

`(B) recommendations, including legislative recommendations if appropriate, of options for addressing such ballast water operations.

`(b) Uptake and Discharge of Ballast Water and Sediment-

`(1) PROHIBITION- The operator of a vessel to which this section applies may not conduct the uptake or discharge of ballast water and sediment except as provided in this section.

`(2) EXCEPTIONS- Paragraph (1) does not apply to the uptake or discharge of ballast water and sediment in the following circumstances:

`(A) The uptake or discharge is solely for the purpose of--

`(i) ensuring the safety of 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 of pollution from the vessel.

`(D) The uptake and subsequent discharge on the high seas of the same ballast water and sediment.

`(E) The uptake or discharge of ballast water and sediment occurs at the same location where the whole of the ballast water and sediment that is discharged was taken up and there is no mixing with unmanaged ballast water and sediment from another area.

`(3) SPECIAL RULE FOR THE GREAT LAKES- Paragraph (2) does not apply to a vessel subject to the regulations under subsection (e)(2) until the vessel is required to conduct ballast water treatment in accordance with subsection (f) of this section.

`(c) VESSEL BALLAST WATER MANAGEMENT PLAN-

`(1) IN GENERAL- A vessel to which this section applies shall conduct all its ballast water management operations in accordance with a ballast water management plan that--

`(A) meets the requirements prescribed by the Secretary by regulation; and

`(B) is approved by the Secretary.

`(2) APPROVAL CRITERIA- The Secretary may not approve a ballast water management plan unless the Secretary determines that the plan--

`(A) describes in detail safety procedures for the vessel and crew associated with ballast water management;

`(B) describes in detail the actions to be taken to implement the ballast water management requirements established under this section;

`(C) describes in detail procedures for disposal of sediment at sea and on shore;

`(D) designates the officer on board the vessel in charge of ensuring that the plan is properly implemented;

`(E) contains the reporting requirements for vessels established under this section; and

`(F) meets all other requirements prescribed by the Secretary.

`(3) COPY OF PLAN ON BOARD VESSEL- The owner or operator of a vessel to which this section applies shall maintain a copy of the vessel's ballast water management plan on board at all 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 on board the vessel in which--

`(A) each operation involving ballast water is fully recorded without delay, in accordance with regulations promulgated by the Secretary; and

`(B) each such operation is described in detail, including the location and circumstances of, and the reason for, the operation.

`(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 2 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; and

`(B) each completed page in the ballast water record book be signed and dated by the master of the vessel.

`(5) ALTERNATIVE MEANS OF RECORDKEEPING- The Secretary may provide by regulation for alternative methods of recordkeeping, including electronic recordkeeping, to comply with the requirements of this subsection.

`(e) BALLAST WATER EXCHANGE REQUIREMENTS-

`(1) IN GENERAL- Until a vessel conducts ballast water treatment in accordance with the requirements of subsection (f) of this section, the operator of a vessel to which this section applies may not conduct the uptake or discharge of ballast water unless the operator conducts ballast water exchange, 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.

`(2) Special rule for vessels in the great lakes-

`(A) IN GENERAL- Notwithstanding any other provision of this subsection, under regulations prescribed by the Secretary to prevent the introduction and spread of aquatic nuisance species into the Great Lakes through the ballast water of vessels, operators of vessels equipped with ballast water tanks that enter a United States port on the Great Lakes after operating on the waters beyond the exclusive economic zone shall--

`(i) carry out exchange of ballast water on the waters beyond the exclusive economic zone prior to entry into any port within the Great Lakes; or

`(ii) carry out an exchange of ballast water in other waters where the exchange does not pose a threat of infestation or spread of aquatic nuisance species in the Great Lakes and other waters of the United States, as recommended by the Task Force under section 1102(a)(1).

`(B) ADDITIONAL MATTERS COVERED BY THE REGULATIONS- The regulations shall--

`(i) not affect or supersede any requirements or prohibitions pertaining to the discharge of ballast water into waters of the United States under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

`(ii) provide for sampling procedures to monitor compliance with the requirements of the regulations;

`(iii) prohibit the operation of a vessel in the Great Lakes if the master of the vessel has not certified to the Secretary or the Secretary's designee by not later than the departure of that vessel from the first lock in the St. Lawrence Seaway that the vessel has complied with the requirements of the regulations;

`(iv) protect the safety of--

`(I) each vessel; and

`(II) the crew and passengers of each vessel;

`(v) take into consideration different operating conditions; and

`(vi) be based on the best scientific information available.

`(C) HUDSON RIVER PORT- The regulations under this paragraph also apply to vessels that enter a United States port on the Hudson River north of the George Washington Bridge.

`(D) EDUCATION AND TECHNICAL ASSISTANCE PROGRAMS- The Secretary may carry out education and technical assistance programs and other measures to promote compliance with the regulations issued under this paragraph.

`(3) EXCHANGE AREAS-

`(A) IN GENERAL- Except as provided in subparagraphs (B), (C), and (D), the operator of a vessel to which this section applies shall conduct ballast water exchange in accordance with regulations prescribed by the Secretary--

`(i) at least 200 nautical miles from the nearest land; and

`(ii) in water at least 200 meters in depth.

`(B) Minimum distance and depth-

`(i) IN GENERAL- Except as provided in subparagraph (C), if the operator of a vessel is unable to conduct ballast water exchange in accordance with subparagraph (A), the ballast water exchange shall be conducted in water that is--

`(I) as far as possible from land;

`(II) at least 50 nautical miles from land; and

`(III) in water of at least 200 meters in depth.

`(ii) LIMITATION- The operator of a vessel may not conduct ballast water exchange in accordance with clause (i) in any area with respect to which the Secretary has determined, after consultation with the Administrators of the Environmental Protection Agency and the National Oceanic and Atmospheric Administration, that ballast water exchange in the area will have an adverse impact, notwithstanding the fact that the area meets the distance and depth criteria of clause (i).

`(C) Exchange in designated area-

`(i) IN GENERAL- If the operator of a vessel is unable to conduct ballast water exchange in accordance with subparagraph (B), the operator of the vessel may conduct ballast water exchange in an area that does not meet the distance and depth criteria of subparagraph (B) in such areas as may be designated by the Administrator of the National Oceanic and Atmospheric Administration, determined in consultation with the Secretary and the Administrator of the Environmental Protection Agency, for that purpose.

`(ii) CHARTING- The Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Secretary, shall designate such areas on nautical charts.

`(iii) LIMITATION- The Administrator may not designate an area under clause (i) if a ballast water exchange in that area could have an adverse impact, as determined by the Secretary in consultation with the Administrator of the Environmental Protection Agency.

`(D) Safety or stability exception-

`(i) IN GENERAL- Subparagraphs (A), (B), and (C) do not apply to the discharge or uptake of ballast water if the master of a vessel determines that compliance with subparagraph (A), (B), or (C), whichever applies, would threaten the safety or stability of the vessel, its crew, or its passengers because of adverse weather, ship design or stress, equipment failure, or any other relevant condition.

`(ii) NOTIFICATION REQUIRED- Whenever the master of a vessel conducts a ballast water discharge or uptake under the exception described in clause (i), the master of the vessel shall notify the Secretary as soon as practicable thereafter but no later than 24 hours after the ballast water discharge or uptake commenced.

`(iii) LIMITATION ON VOLUME- The volume of any ballast water taken up or discharged under the exception described in clause (i) may not exceed the volume necessary to ensure the safe operation of the vessel.

`(iv) REVIEW OF CIRCUMSTANCES- If the master of a vessel conducts a ballast water discharge or uptake under the exception described in clause (i) on more than 2 out of 6 sequential voyages, the Secretary shall review the circumstances to determine whether those ballast water discharges or uptakes met the requirements of this subparagraph. The review under this clause shall be in addition to any other enforcement activity by the Secretary.

`(E) Inability to comply with exchange area requirements-

`(i) DEVIATION OR DELAY OF VOYAGE- In determining the ability of the operator of a vessel to conduct ballast water exchange in accordance with the requirements of subparagraph (A) or (B), a vessel is not required to deviate from its intended voyage or unduly delay its voyage to comply with those requirements.

`(ii) PARTIAL COMPLIANCE- An operator of a vessel that is unable to comply fully with the requirements of subparagraph (A) or (B), shall conduct ballast water exchange to the maximum extent feasible in compliance with those subparagraphs.

`(F) SPECIAL RULE FOR THE GREAT LAKES- This paragraph does not apply to vessels subject to the regulations under paragraph (2).

`(f) BALLAST WATER TREATMENT REQUIREMENTS-

`(1) IN GENERAL- Subject to the implementation schedule in paragraph (3), before discharging ballast water in waters subject to the jurisdiction of the United States a vessel to which this section applies shall conduct ballast water treatment so that the ballast water discharged will contain--

`(A) less than 0.1 living organisms per cubic meter that are 50 or more micrometers in minimum dimension;

`(B) less than 0.1 living organisms per milliliter that are 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 (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 escherichi coli per 100 milliliters; and

`(iii) 33 colony-forming units of intestinal enterococci per 100 milliliters; and

`(D) concentrations of such indicator microbes as may be specified in regulations promulgated by the Secretary that are less than the amount specified in those regulations.

`(2) RECEPTION FACILITY EXCEPTION- Paragraph (1) does not apply to a vessel that discharges ballast water into a reception facility that meets standards prescribed by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, for the reception of ballast water that provide for the reception of ballast water and its disposal or treatment in a way that does not impair or damage the environment, human health, property, or resources. The Secretary may not prescribe such standards that are less stringent than any otherwise applicable Federal, State, or local law requirements.

`(3) IMPLEMENTATION SCHEDULE- Paragraph (1) applies to vessels in accordance with the following schedule:

`(A) FIRST PHASE- Beginning January 1, 2009, for vessels constructed on or after that date with a ballast water capacity of less than 5,000 cubic meters.

`(B) SECOND PHASE- Beginning January 1, 2012, for vessels constructed on or after that date with a ballast water capacity of 5,000 cubic meters or more.

`(C) THIRD PHASE- Beginning January 1, 2014, for vessels constructed before January 1, 2009, with a ballast water capacity of 1,500 cubic meters or more but not more than 5,000 cubic meters.

`(D) FOURTH PHASE- Beginning January 1, 2016, for vessels constructed--

`(i) before January 1, 2009, with a ballast water capacity of less than 1,500 cubic meters or 5,000 cubic meters or more; or

`(ii) on or after January 1, 2009, and before January 1, 2012, with a ballast water capacity of 5,000 cubic meters or more.

`(4) Review of standards-

`(A) IN GENERAL- In December, 2012, and in every third year thereafter, the Secretary shall review the treatment standards established in paragraph (1) of this subsection to determine, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Environmental Protection Agency, if the standards should be revised to reduce the amount of organisms or microbes allowed to be discharged using the best available technology economically available. The Secretary shall revise such standards as necessary by regulation.

`(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.

`(5) 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 with the potential 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 may postpone the date on which paragraph (1) would otherwise apply to that vessel for not more than 5 years.

`(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 1 percent of the vessels to which subparagraph (A), (B), (C), or (D) of paragraph (3) applies.

`(C) TERMINATION OF POSTPONEMENT- The Secretary may terminate the 5-year postponement period if participation of the vessel in the program is terminated without the consent of the Secretary.

`(6) Feasibility review-

`(A) IN GENERAL- Not less than 2 years before the date on which paragraph (1) applies to vessels under each subparagraph of paragraph (3), the Secretary 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).

`(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, the Secretary shall--

`(i) extend the date on which that subparagraph first applies to vessels for a period of not more than 36 months; and

`(ii) recommend action to ensure that compliance with the extended date schedule for that subparagraph is achieved.

`(7) 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. The Secretary shall promulgate regulations establishing a process for such approval.

`(g) Warnings Concerning Ballast Water Uptake-

`(1) IN GENERAL- The Secretary shall notify mariners of any area in waters subject to the jurisdiction of the United States in which vessels should 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 in accordance with this subsection and the ballast water management plan required under subsection (c).

`(2) DESIGN REQUIREMENTS-

`(A) NEW VESSELS- No person may remove and dispose of such sediment from a vessel to which this section applies in waters subject to the jurisdiction of the United States that is constructed on or after January 1, 2009, unless the vessel is designed and constructed 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- The operator of a vessel to which this section applies that was constructed before January 1, 2009, may not remove and dispose of such sediment in waters subject to the jurisdiction of the United States unless--

`(i) the vessel has been modified, to the extent practicable and in accordance with regulations promulgated by the Secretary, to achieve the objectives described in clauses (i), (ii), and (iii) of subparagraph (A); or

`(ii) the removal and disposal of the sediment is conducted in such a manner as to achieve those objectives to the greatest extent practicable and in accordance with those regulations.

`(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 of the Environmental Protection Agency in consultation with 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. The Administrator may not prescribe standards under this subparagraph that are less stringent than any otherwise applicable Federal, State, or local law requirements.

`(B) DESIGNATION- The Secretary 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; 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 on or after January 1, 2009, 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, 2009, 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).

`(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- In order to carry out the provisions of this section, the Secretary may take ballast water samples at any time on any vessel to which this section applies to ensure its compliance with this Act.

`(4) Required certificate-

`(A) IN GENERAL- 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.

`(B) FOREIGN CERTIFICATES- The Secretary may treat a certificate issued by a foreign government as a certificate issued under subparagraph (A) if the Secretary determines that the standards used by the issuing government are equivalent to or more stringent than the standards used by the Secretary under subparagraph (A).

`(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 and the regulations promulgated hereunder, the Secretary shall--

`(A) notify--

`(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.

`(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;

`(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; and

`(C) the vessel is about to leave a place in the United States.

`(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 request the Secretary of the Treasury to withdraw the clearance. Upon request of the Secretary, the Secretary of the Treasury shall 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 $25,000. Each day of a continuing violation constitutes a separate violation. A vessel operated in violation of 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 the regulations issued under this section.

`(4) EXCEPTION TO SANCTIONS- This subsection does not apply to a failure to exchange ballast water if--

`(A) the master of a vessel, acting in good faith, decides that the exchange of ballast water will threaten the safety or stability of the vessel, its crew, or its passengers; and

`(B) the recordkeeping and reporting requirements of the Act are complied with.

`(l) 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, in 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 nonindigenous species.

`(m) INTERNATIONAL COOPERATION- The Secretary, in cooperation with 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 nonindigenous species. 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.

`(n) 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.

`(o) 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 invasive aquatic species such as hull fouling. There are authorized to be appropriated to the Secretary $25,000,000 for each fiscal year to carry out this subsection.

`(p) CONSULTATION WITH TASK FORCE- The Secretary shall consult with the Task Force in carrying out this section.

`(q) PREEMPTION- Notwithstanding any other provision of law, the provisions of subsections (e) and (f) (other than subsection (f)(2)) supersede any provision of State or local law determined by the Secretary to be inconsistent with the requirements of that subsection or to conflict with the requirements of that subsection.

`(r) REGULATIONS- The Secretary may issue such regulations as may be necessary to carry out this section and the terms defined in section 1003 that are used in this section.'.

(b) DEFINITIONS- Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is amended--

(1) by redesignating--

(A) paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively;

(B) paragraphs (4), (5), (6), (7), and (8) as paragraphs (8), (9), (10), (11), and (12), respectively;

(C) paragraphs (9) and (10) as paragraphs (14) and (15) respectively;

(D) paragraphs (11) and (12) as paragraphs (17) and (18), respectively;

(E) paragraphs (13), (14), and (15) as paragraphs (20), (21), and (22), respectively;

(F) paragraph (16) as paragraph (26); and

(G) paragraph (17) as paragraph (23) and inserting it after paragraph (22), as redesignated;

(2) by inserting before paragraph (2), as redesignated, the following:

`(1) `adverse impact' means the direct or indirect result or consequence of an event or process that--

`(A) creates a hazard to the environment, human health, property, or a natural resource;

`(B) impairs biological diversity; or

`(C) interferes with the legitimate use of waters subject to the jurisdiction of the United States;';

(3) by striking paragraph (4), as redesignated, and inserting the following:

`(4) `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; but

`(B) does not include potable or technical water that does not contain harmful aquatic organisms or pathenogens that is taken on board a vessel and used for a purpose described in subparagraph (A) if such potable or technical water is discharged in compliance with section 312 of the Clean Water Act (33 U.S.C. 1322);';

(4) by inserting after paragraph (4) the following:

`(5) `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;

`(6) `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 harmful aquatic organisms and pathogens within ballast water and sediment;

`(7) `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;';

(5) by inserting after paragraph (12), as redesignated, the following:

`(13) `harmful aquatic organisms and pathogens' means aquatic organisms or pathogens that have been determined by the Secretary, after consultation with the Administrator of the National Oceanographic and Atmospheric Administration and the Administrator of the Environmental Protection Agency, to cause an adverse impact if introduced into the waters subject to the jurisdiction of the United States;';

(6) by inserting after paragraph (15), as redesignated, the following:

`(16) `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);';

(7) by inserting after paragraph (18), as redesignated, the following:

`(19) `sediment' means matter that has settled out of ballast water within a vessel;';

(8) by inserting after paragraph (23), as redesignated, the following:

`(24) `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;

`(25) `vessel of the Armed Forces' means--

`(A) any vessel owned or operated by the Department of Defense, other than a time or voyage chartered vessel; and

`(B) any vessel owned or operated by the Department of Homeland Security that is designated by the Secretary of the department in which the Coast Guard is operating as a vessel equivalent to a vessel described in subparagraph (A);'; and

(9) by inserting after paragraph (26), as redesignated, the following:

`(27) `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.'.

(c) GREAT LAKES REGULATIONS- Until vessels described in section 1101(e)(2) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711(e)(2)), as amended by this Act, are required to conduct ballast water treatment in accordance with the requirements of section 1101(f) of that Act (16 U.S.C. 1101(f)), as amended by this Act, the regulations promulgated by the Secretary of Transportation under section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711), as such regulations were in effect on the day before the date of enactment of this Act, shall remain in full force and effect for, and shall continue to apply to, such vessels.

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) $10,000,000 for each of fiscal years 2006 through 2010 to the Secretary to carry out section 1101.'.

SEC. 5. COAST GUARD REPORT ON OTHER VESSEL-RELATED VECTORS OF INVASIVE SPECIES.

(a) IN GENERAL- Within 90 days after the date of enactment of this Act, 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-related vectors of harmful aquatic organisms and pathogens other than ballast water and sediment, including vessel hulls and equipment, and from vessels equipped with ballast tanks that carry no ballast water on board.

(b) BEST PRACTICES- As soon as practicable, the Coast Guard shall develop best practices standards and procedures designed to reduce the introduction of invasive species into and within the United States from vessels and establish a timeframe for implementation of those standards and procedures by vessels, in addition to the mandatory requirements set forth in section 1101 for ballast water. Such standards and procedures should include designation of geographical locations for uptake and discharge of untreated ballast water, as well as standards and procedures for other vessel vectors of invasive aquatic species. The Commandant shall transmit a report to the Committees describing the standards and procedures developed and the implementation timeframe, together with any recommendations, including legislative recommendations if appropriate, the Commandant deems appropriate. The Secretary of the department in which the Coast Guard is operating may promulgate regulations to incorporate and enforce standards and procedures developed under this subsection.

END