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109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-181
_______________________________________________________________________

                                     

                                                       Calendar No. 291

 
                  BALLAST WATER MANAGEMENT ACT OF 2005

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                       S. H.R. deg. 363




      DATE deg.November 16, 2005.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred ninth congress
                             first session

                     TED STEVENS, Alaska, Chairman
                 DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona                 JOHN D. ROCKEFELLER IV, West 
CONRAD BURNS, Montana                    Virginia
TRENT LOTT, Mississippi              JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas          BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine              BARBARA BOXER, California
GORDON H. SMITH, Oregon              BILL NELSON, Florida
JOHN ENSIGN, Nevada                  MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia               FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire        E. BENJAMIN NELSON, Nebraska
JIM DeMINT, South Carolina           MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
                    Lisa Sutherland, Staff Director
             Christine Drager Kurth, Deputy Staff Director
                      David Russell, Chief Counsel
     Margaret Cummisky, Democratic Staff Director and Chief Counsel
 Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel


                                                       Calendar No. 291
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-181

======================================================================




                  BALLAST WATER MANAGEMENT ACT OF 2005

                                _______
                                

               November 16, 2005.--Ordered to be printed

                                _______
                                

       Mr. Stevens, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 363]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 363) to amend the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 to 
establish vessel ballast water management requirements, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment (in the nature of a substitute) and 
recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 363 is to establish a comprehensive Federal 
program for management of aquatic invasive species in ballast 
water. The bill provides that the United States Coast Guard, 
currently the lead agency for the existing Federal program 
addressing this issue, will continue in this role. The bill 
authorizes $20 million in annual appropriations for the Coast 
Guard for fiscal years 2006 through 2010 to implement its 
responsibilities under the legislation. The bill also 
authorizes $5 million in annual appropriations for the Federal 
Ballast Water Demonstration Project to support development of 
innovative ballast water treatment technologies.

                          Background and Needs

  The United States Commission on Ocean Policy identified 
ballast water as a major pathway for introduction of aquatic 
invasive species. Ships carry ballast water to aid in stability 
and structural integrity. Ships will take on ballast water in 
one port, and carry such ballast to other ports, where it is 
discharged into harbors--along with non-native species that are 
contained in the ballast water. Some of these organisms may 
thrive in their new environment, becoming invasive and 
destructive to local ecosystems. The only practice now required 
to address this issue--exchanging ballast water in the open 
ocean--has proven to be ineffective. The Commission recognized 
that there are other vectors for aquatic invasive species, but 
made its strongest recommendations on improving the Coast 
Guard's ballast water management program, including the 
adoption of uniform, mandatory national standards for ballast 
water treatment.
  It has been estimated that between 7,000 and 10,000 aquatic 
species travel around the globe each day in the ballast water 
of cargo ships. Vessels discharge more than 2 billion gallons 
of ballast water into U.S. waters each year. Invasive species 
may be introduced to the U.S. from foreign ports, or may be 
transferred from one U.S. port to another through coastal 
trade.
  Virtually all coastal and Great Lakes States have experienced 
damage from invasive species. Some of the high profile 
invasions stemming from ballast water are the zebra mussel in 
the Great Lakes and the European green crab along the Pacific 
and Atlantic coasts. Other examples of significant impacts from 
invasive species from around the U.S. include: (1) the non-
native Asian clam altered the ecology of San Francisco Bay in 
the 1980's due to its efficiency at reproducing and filtering 
the native plankton, (2) the Asian whelk has established a 
foothold in the lower Chesapeake Bay and may threaten local 
oyster populations, and (3) the invasive sea squirt, Didemnum 
spp., has recently been found colonizing Georges Bank off New 
England and has led to concerns over impacts on the local 
scallop fishery. Additionally, the black coral populations in 
Hawaii are showing signs of stress that may be linked to 
invasive snowflake coral. Even inland States are being impacted 
by the spread of invasive species. For example, zebra mussels 
have now been found in 21 States: Alabama, Arkansas, 
Connecticut, Illinois, Indiana, Iowa, Kentucky, Louisiana, 
Michigan, Minnesota, Mississippi, Missouri, New York, Ohio, 
Oklahoma, Pennsylvania, Tennessee, Vermont, Washington, West 
Virginia, and Wisconsin.
  Damage to the U.S. environment and economy from aquatic 
invasive species includes the loss of native and commercially 
important species, significant altering of native ecosystems, 
interference with industrial operations, and the cost of 
mitigation and removal efforts. Estimates of the costs to the 
U.S. economy from these invasions range from millions to 
billions of dollars per year. Millions of dollars have been 
spent annually in combating the zebra mussel invasion in the 
Great Lakes alone, including efforts to unclog intake pipes and 
prevent further infestation.
  While ballast water is regarded as the most significant 
vector for ships in transporting aquatic invasive species, 
ships can transfer aquatic invasive species in other ways. 
These include transport on equipment, such as anchors and 
propellers, and on the external surfaces of hulls.

                    CURRENT REGULATIONS AND PROGRAMS

  The Nonindigenous Aquatic Nuisance Prevention and Control Act 
of 1990, as amended by the National Invasive Species Act of 
1996, requires ships to exchange their ballast water prior to 
entering the Great Lakes from outside the 200-mile Economic 
Exclusion Zone (EEZ). The Coast Guard recently extended the 
application of these requirements nationally. However, ballast 
water exchange can be dangerous, and is often not carried out 
due to safety considerations. In addition, current authority 
does not address the introduction of non-native species from 
one U.S. port to another.
  Numerous Federal, State and international efforts are now 
focusing on the need to develop and utilize ballast water 
treatment technologies. However, the Coast Guard does not 
currently have the authority to require such treatment 
technologies, outside of the regulatory scheme which is focused 
on ballast water exchange.
  West Coast and Great Lakes States have passed or are looking 
at passing their own ballast water laws. The focus of these 
laws has been on ballast water exchange, but some States have 
passed or are beginning to consider treatment requirements. The 
Committee finds that the current patchwork of State laws is 
inadequate to address this issue effectively. Moreover, 
continuing to rely on ballast water exchange will not be 
effective in preventing new invasions. A national program 
establishing ballast water treatment is needed for these 
reasons, and to ensure that ships traveling from port to port 
are not subject to different State laws which would make 
compliance difficult, if not impossible.

             INTERNATIONAL MARITIME ORGANIZATION CONVENTION

  In February of 2004, the International Maritime Organization 
(IMO) adopted a new ballast water Convention. This agreement 
set up a timetable for ships to meet new ballast water 
performance standards. These standards would prohibit ships 
from discharging ballast water with a concentration of more 
than 10 organisms per cubic meter or greater. Until the 
performance standards are followed, vessels would be required 
to exchange their ballast water offshore. The Coast Guard has 
testified that the 10 organisms per cubic meter standard may 
not be sufficient to adequately treat ballast water, and may be 
no more effective than ballast water exchange. At the IMO 
negotiations, the Coast Guard pushed for a standard of 0.01 
organisms per cubic meter. The Coast Guard had included in the 
final IMO agreement a provision allowing countries to adopt 
more stringent domestic measures and has supported adopting a 
tougher standard than the IMO Convention in Federal law.
  The Convention must be ratified by at least 30 countries 
representing at least 35 percent of global shipping tonnage 
before it goes into effect; only 1 country has ratified the 
agreement.

           COLUMBIA RIVER AQUATIC NUISANCE SPECIES INITIATIVE

  The Committee is interested in the ballast water program 
implemented in Oregon on the Columbia River and involving 
Portland State University's Center for Lakes and Reservoirs, 
the Port of Portland, and the Port of Astoria. This project, 
also known as the Columbia River Aquatic Nuisance Species 
Initiative, is focused on developing prevention and management 
programs for one of the nation's most important shipping and 
recreational rivers.

                         Summary of Provisions

  The bill would amend section 1101 of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4711, et seq.) to establish a comprehensive national approach 
for addressing invasive species in ballast water. This new 
approach closely tracks with the requirements and structure of 
the ballast water Convention adopted by the IMO.
  The provisions of the bill would apply to vessels that are 
designed, constructed or adapted to carry ballast water. 
Certain vessels are excluded from the provisions of the bill, 
including vessels of the Armed Services that comply with a 
comparable program.
  Covered vessels would be required to have an approved ballast 
water management plan and keep a ballast water record book on 
board documenting their ballast water operations. Until 
required to adopt ballast water treatment technology, covered 
vessels would be required to conduct ballast water exchange in 
accordance with regulations prescribed by the Secretary of the 
department in which the Coast Guard is operating (the 
Secretary). Alternatively, vessels would be able to comply with 
this requirement by using ballast water treatment technology 
that is as effective as ballast water exchange, or implement 
the treatment requirements of the Act in an earlier timeframe. 
The Coast Guard would be required to establish guidelines 
within one year of enactment of the bill on what level of 
treatment would be at least as effective as ballast water 
exchange. The Committee views the timely completion of these 
guidelines as a priority.
  A number of exceptions are included in the requirements for 
ballast water exchange. First, the ballast water exchange 
requirements would not apply to discharges or uptakes of 
ballast water necessary to ensure the safety or stability of 
the vessel, its crew or its passengers. This exemption is 
important for certain vessel classes, such as many tug and 
barge operations. The Committee intends that the Coast Guard 
allow this exemption for specific vessels that are routinely 
unable to conduct exchange due to safety considerations, as 
opposed to allowing exemptions only on a voyage-by-voyage 
basis. Second, the provision addresses the problem of requiring 
ballast water exchange for vessels on short coastal voyages by 
allowing vessel operators to seek a waiver if conducting 
exchange would cause the operator substantial business 
hardship, as determined by the Secretary. Third, an exemption 
is provided for vessels operating exclusively between certain 
areas where the risk of introducing aquatic invasive species is 
insignificant, including vessels operating exclusively within 
the Great Lakes and between the main Hawaiian islands. Finally, 
the bill provides that existing regulations in place for the 
Great Lakes and the Hudson River north of the George Washington 
Bridge would not be interrupted until the bill's requirements 
are fully phased in.
  Ballast water treatment requirements would be phased in for 
different vessels beginning in January 2009 depending on the 
ballast water capacity and age of a vessel. Like the IMO 
agreement, the bill sets forth performance standards for 
ballast water treatment. The bill includes a feasibility review 
process for the Coast Guard to evaluate whether technologies 
exist that would meet the performance standards. The process is 
to include specific criteria, including the effectiveness of a 
technology, whether a technology has an adverse impact on the 
environment, and cost effectiveness. If the Coast Guard 
determines that compliance with the performance standards is 
not feasible, the Coast Guard is to extend the date of 
compliance up to two years and recommend action to ensure 
compliance with such schedule. If the Coast Guard determines 
that treatment technology exists that exceeds the performance 
standards, or that effective technology could be implemented 
earlier than the phase-in dates, the Coast Guard is to revise 
the standards and time frame for implementation accordingly.
  The Committee expects that the Coast Guard will develop 
efficient verification methodologies to evaluate the technical 
capabilities of ballast water treatment technologies, such as 
monitoring the presence or the lack of certain substances in 
the ballast water as a surrogate for evaluating the content of 
ballast water samples.
  The bill would require the Secretary, in consultation with 
States, to develop a list of vessels that pose a relatively 
high risk of introducing aquatic invasive species into the 
waters of the United States. In developing this list the 
Secretary should consider factors such as the origin of their 
voyages, the volume of ballast water they carry and the fact 
that they frequently discharge unexchanged or improperly 
exchanged ballast water pursuant to an exception under 
subsection (e)(3). The Committee expects that the Coast Guard 
would, as quickly as possible, develop a process and timeframe 
for States to submit their proposals for inclusion on the list. 
The bill further provides that the Secretary would give 
priority to such vessels for participation in technology pilot 
programs described in subsection (f)(6), and encourage other 
Federal and State programs to give incentives to such vessels 
to more quickly adopt ballast water treatment technologies. 
Such incentives could include positive incentives, such as 
expanded privileges or discounted services, or negative 
incentives, such as financial penalties. The Committee intends 
that these provisions, in combination with the provision 
allowing use of treatment technologies in place of ballast 
water exchange, will provide a means by which interested States 
could provide incentives for the accelerated use of treatment 
technologies.
  The bill would allow vessels participating in a Coast Guard-
approved pilot program to conduct ship-board testing of ballast 
water treatment technologies. The Coast Guard would allow the 
vessels to use such technology for ten years, which should 
encourage more vessel operators to test new technologies in 
pilot programs. It would also authorize $5,000,000 annually 
from FY 2006 through FY 2010 for the existing Federal Ballast 
Water Demonstration Project, which provides grants for research 
and development of innovative technologies for the management, 
treatment, and disposal of ballast water and sediment, ballast 
water exchange, and other vessel vectors of aquatic invasive 
species.
  The bill would preempt State and local laws with respect to 
ballast water exchange and ballast water treatment 
requirements. This section would not preempt States or local 
governments from levying greater penalties or fees for 
violations of the provisions of the bill, or other State and 
local law provisions that do not conflict and are not 
inconsistent with the requirements of the bill.
  The Ballast Water Management Act of 2005 will provide the 
sole Federal authority to address invasive species in ballast 
water, and supersedes any other provision of Federal law that 
conflicts with the bill. Specifically, the bill provides that 
aquatic invasive species in ballast water are not 
``pollutants'' regulated under other Federal laws. The 
Committee believes it is important to avoid inconsistencies or 
duplicative regulations of this issue at the Federal level. 
However, S. 363 also provides other agencies and States, 
including the Environmental Protection Agency (EPA), with a 
significant role. For example, the Coast Guard must consult the 
EPA in developing a process for reviewing and approving 
treatment technologies. The Coast Guard must also consult the 
EPA in identifying additional microbes to be regulated. The 
Coast Guard may only designate alternative areas for exchange 
and discharge of ballast water after consultation with both the 
EPA, NOAA, and affected States. The EPA would be responsible 
for regulating reception facilities for ballast water and 
sediment. The bill only relates to aquatic invasive species, 
and would not impact any existing Federal authority to regulate 
pollutants that may be contained in ballast water.
  The bill would also require the Secretary to submit two 
reports to Congress on other vessel-related vectors of harmful 
aquatic species. First, the Secretary would provide a report on 
vessel-borne vectors of aquatic invasive species other than 
ballast water, including vessel hulls and equipment. The 
Secretary would also report on best practices, procedures and/
or regulations to reduce the introduction of invasive species 
from these sources and to further reduce the introduction and 
spread of aquatic invasive species from ballast water, for 
example, through designation of geographical locations for 
uptakes and/or discharges of ballast water. Second, the 
Secretary would provide a report on potential adverse impacts 
from discharges of ballast water from vessels transiting 
through waters subject to the jurisdiction of the United States 
(but not coming to United States ports or places), and provide 
recommendations. The bill would authorize $20,000,000 in annual 
appropriations for the Coast Guard for FY 2006 through FY 2010 
to implement the legislation.

                          Legislative History

  S. 363 was introduced in the Senate on February 10, 2005, by 
Senator Inouye (and co-sponsored by Senator Stevens, Senator 
Cantwell, Senator Lautenberg, Senator Akaka, and Senator 
Sarbanes) and referred to the Senate Committee on Commerce, 
Science, and Transportation. On July 21, 2005, the bill was 
considered by the Committee in an open Executive Session. 
Senator Inouye offered an amendment in the nature of a 
substitute, co- sponsored by Senator Stevens and Senator 
Sununu. The Committee, without objection, ordered that S. 363 
be reported with an amendment in the nature of a substitute.

                            Estimated Costs

  In compliance with subsection (a)(3) of paragraph 11 
of rule XXVI of the Standing Rules of the Senate, the Committee 
states that, in its opinion, it is necessary to dispense with 
the requirements of paragraphs (1) and (2) of that subsection 
in order to expedite the business of the Senate. deg.
  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                                 September 2, 2005.
Hon. Ted Stevens,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 363, the Ballast 
Water Management Act of 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

S. 363--Ballast Water Management Act of 2005

    Summary: S. 363 would amend current law to require the U.S. 
Coast Guard (USGC) to establish new standards and procedures 
for controlling the spread of aquatic invasive species through 
ballast water. Assuming appropriation of the authorized 
amounts, CBO estimates that implementing the bill would cost 
$10 million in 2006 and $85 million over the 2006-2010 period. 
S. 363 could increase revenues, but we estimate that any such 
increases would not exceed $500,000 in any year.
    S. 363 contains intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA) because it would 
preempt some states laws and impose new requirements that may 
affect some public transportation vessels. CBO estimates that 
the total cost of complying with these mandates would not 
exceed the annual threshold established in that act ($62 
million in 2005, adjusted annually for inflation).
    S. 363 would impose private-sector mandates, as defined in 
UMRA, on owners and operators of certain vessels equipped to 
carry ballast water and manufacturers of such vessels. CBO 
cannot estimate the aggregate cost of the private-sector 
mandates in the bill primarily because the technologies to 
treat ballast water to meet the standards specified in the bill 
have not been fully developed. Though CBO cannot estimate the 
cost of each mandate, we expect that the aggregate cost of 
private-sector mandates in the bill would exceed the annual 
threshold established in UMRA ($123 million in 2005, adjusted 
annually for inflation) sometime during the first five years 
after the new standards are put into effect. We expect those 
standards to become effective after 2009. That conclusion is 
based on the findings of current research that the technology 
being developed to treat ballast water would cost hundreds of 
thousands of dollars per vessel.
    Estimated cost to the Federal Government: For this 
estimate, CBO assumes that S. 363 will be enacted near the 
start of fiscal year 2006 and that funds will be provided as 
specified in the bill. The estimated budgetary impact of S. 363 
is shown in the following table. The costs of this legislation 
fall within budget function 300 (natural resources and 
environment).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                        2005      2006      2007      2008      2009      2010
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
    Budget authority \1\............................         5         0         0         0         0         0
    Estimated outlays...............................         5         0         0         0         0         0
Proposed changes:
    Authorization level.............................         0        20        20        20        20        20
    Estimated outlays...............................         0        10        15        20        20        20
Spending under S. 363:
    Authorization level \1\.........................         5        20        20        20        20        20
    Estimated outlays...............................         5        10        15        20        20        20
----------------------------------------------------------------------------------------------------------------
\1\ The 2005 level is the amount appropriated to the USCG for that year for programs related to ballast water.

    Basis of estimate: S. 363 would authorize the appropriation 
of $20 million a year over the 2006-2010 period for the USCG to 
establish and implement new regulations aimed at reducing the 
spread of invasive aquatic species through ballast water. 
(Ballast water is carried in tanks by some ships to maintain 
stability.) Under the bill, the USCG would specify standards 
and procedures that operators of certain U.S. vessels must 
follow when treating or discharging ballast water and sediment. 
The bill would establish civil penalties for violations of 
those standards and procedures.
    Based on information from the USCG about spending patterns 
for existing programs to regulate the use of ballast water, CBO 
estimates that S. 363 would cost $10 million in 2006 and $85 
million over the next five years. We also estimate that any 
increased revenues from civil penalties established under S. 
363 would not exceed $500,000 in any year.
    Estimated impact on state, local, and tribal governments: 
Current regulations require U.S. and foreign vessels, equipped 
with ballast tanks that operate in the waters of the United 
States and are bound for ports or places in the United States, 
to report on and conduct activities relating to ballast water 
exchange. Enacting S. 363 would place additional requirements 
on those vessels by requiring the implementation of systems to 
treat ballast water. Vessels owned by state and local 
governments that do not meet exemption standards would be 
required to comply. The duty to comply would be an 
intergovernmental mandate as defined by UMRA. CBO estimates, 
however, that the costs to those entities would be small 
because we expect that few publicly owned vessels would be 
affected by the regulations.
    S. 363 also would preempt state and local laws that would 
be inconsistent or conflict with the new federal requirements. 
(The bill would specifically preserve state and local authority 
to impose greater penalties or fees for acts or omissions that 
are violations of the act.) This preemption constitutes a 
mandate as defined by UMRA; however, any costs to state and 
local governments would be minimal. In total, the costs of the 
intergovernmental mandates in the bill would fall significantly 
below the threshold established in that act ($62 million in 
2005, adjusted annually for inflation).
    Estimated impact on the private sector: S. 363 would impose 
private-sector mandates, as defined in UMRA, on owners and 
operators of certain vessels equipped to carry ballast water 
and manufacturers of such vessels. Ballast water is held in the 
ballast tanks and cargo holds of vessels to provide balance and 
stability during a voyage and is considered one of the major 
ways in which invasive species enter U.S. waters. The bill 
would prohibit certain vessels from discharging ballast water 
except after conducting ballast water exchange in compliance 
with federal regulations; or using ballast water treatment that 
meets the performance standards specified in the bill; or using 
environmentally sound alternative ballast water treatment 
approved by the Secretary of Homeland Security. During the 
period before 2009, most vessels would comply with the mandate 
by conducting ballast water exchange. Ballast water exchange 
involves replacing coastal water with open-ocean water during a 
voyage. This process reduces the density of coastal organisms 
in ballast tanks that may be able to invade a recipient port, 
replacing them with oceanic organisms with a lower probability 
of survival in near-shore waters. Certain exemptions from the 
requirement--such as for safety of crew, passengers, and 
vessels--would be allowed.
    In general, the bill would require owners and operators of 
vessels to conduct all ballast water management operations in 
accordance with a ballast water management plan that meets the 
requirements prescribed and approved by the Secretary. 
Currently, vessels are required to have ballast water 
management plans and follow mandatory ballast water management 
practices under Coast Guard regulations; those regulations 
include maintaining a ballast water record book on board the 
vessel and conducting ballast water exchange. The bill would 
add two additional requirements: (1) each vessel's ballast 
water management plan would have to be approved by the 
Secretary, and (2) vessel operators would be required to 
maintain the record book on board the vessel for an extended 
period of time. Because vessels are already in compliance with 
most of those requirements, CBO expects that the incremental 
costs to comply with mandates during the period before 2009 
would not be large.
    Beginning in 2009, the bill would implement, in four 
phases, a performance standard for the treatment of ballast 
water. The performance standard contains a series of 
concentration levels for living organisms and microbes allowed 
in the discharge of ballast water. Vessels would be scheduled 
to comply with the performance standard based on their ballast 
water capacity and date of construction. The first two phases 
would apply the standard to newly constructed vessels, and 
phases three and four would apply the standard to vessels 
currently in operation. Although a number of technologies for 
ballast water treatment are being tested, none have been proven 
to effectively reduce invasive species.
    According to several industry experts, however, recent 
research and testing of treatment technologies indicate that 
the cost to install ballast water treatment technologies could 
amount to hundreds of thousands of dollars per vessel.
    Few vessels of the type that would have to comply with the 
performance standard are manufactured in the United States. The 
cost of the mandate for U.S. manufacturers in the first two 
phases of implementation would not be significant. Vessels 
equipped to handle ballast water purchased by U.S. entities for 
use in U.S. waterways would have to comply with the performance 
standard beginning in the first phase. Depending on the number 
of vessels purchased, the incremental cost to U.S. entities 
could be tens of millions of dollars. Beginning in phases three 
and four, when vessels in operation must meet the performance 
standard, the total cost of the capital investment and 
installation for owners and operators of U.S. vessels and 
foreign vessels with operations in the United States could be 
substantial--potentially hundreds of millions of dollars. 
Consequently, CBO estimates that the cost to comply with the 
performance standards for treatment of ballast water would 
likely exceed the threshold for private-sector mandates 
established by UMRA ($123 million in 2005, adjusted annually 
for inflation) sometime during the first five years after the 
new standards are put into effect. We expect those standards to 
become effective after 2009.
    Estimated prepared by: Federal costs: Megan Carroll and 
Deborah Reis; impact on state, local, and tribal governments: 
Lisa Ramirez-Branum; impact on the private sector: Alicia 
Handy.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 363 as reported by the Committee would authorize 
appropriations to establish a national ballast water exchange 
and treatment program and make a number of changes to current 
law. The bill would have a large regulatory impact for 
commercial shippers operating in U.S. waters.

                            ECONOMIC IMPACT

  The reported bill would benefit the U.S. economy by reducing 
damages from aquatic invasive species, now estimated to be in 
the range of millions to billions of dollars annually. Up to 
$20 million per year for FY 2006 through FY 2010 would be 
authorized for appropriations to the Coast Guard to implement 
the bill's obligations. The bill would also provide $5 million 
annually in support of private sector development of ballast 
water treatment technologies. Vessels to which the bill applies 
would bear the costs of implementing the bill's requirements 
for treatment technologies; however, the purchase of such 
technologies would also provide a benefit to the U.S. economy.

                                PRIVACY

  The reported bill would have little, if any, impact on the 
personal privacy of U.S. citizens.

                               PAPERWORK

  The reported bill would increase paperwork requirements for 
individuals and businesses conducting commercial shipping 
operations in U.S. waters by requiring them to keep and 
maintain accurate logs of their ballast water exchange 
activities.

                      Section-by-Section Analysis


Section 1. Short title

  Section 1 would entitle the legislation as the ``Ballast 
Water Management Act of 2005.''

Section 2. Findings

  Section 2 would include Congressional findings relevant to 
the issue of aquatic invasive species and ballast water.

Section 3. Ballast water management

  Section 3 would amend section 1101 of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4711, et seq.) to establish a stronger national approach to 
addressing invasive species in ballast water. The new approach 
set forth in section 3 closely tracks with the requirements and 
structure of an international agreement on ballast water that 
was recently negotiated in the IMO.
  Section 1101 would be amended as follows:
  Subsection (a) would apply the provisions of the bill to U.S. 
vessels and to foreign vessels that are en route to a U.S. port 
or place, or have departed from a U.S. port or place and are 
within waters subject to the jurisdiction of the United States. 
Several types of vessels are exempted from the requirements of 
the new section, including vessels of the Armed Forces that 
follow a comparable program, and small recreational vessels, 
for which alternative measures may be promulgated.
  Subsection (b) would establish a general requirement that 
vessels to which the legislation applies may only uptake or 
discharge ballast water or sediment in accordance with the 
requirements and schedule established in the bill. Certain 
exceptions would apply, including when the safety of the vessel 
is in question, in saving a life at sea, and when damage to the 
vessel results in an accidental discharge.
  Subsection (c) would require a vessel to have on board an 
approved ballast water management plan that meets requirements 
prescribed by the Secretary. The plan would describe the 
actions to be taken to implement the ballast water management 
requirements of the bill. For foreign vessels, the Secretary 
could approve a plan based on a certificate of compliance 
issued by the vessel's country of registration.
  Subsection (d) would require a vessel to keep a ballast water 
record book on board documenting its ballast water operations, 
in accordance with regulations promulgated by the Secretary.
  Subsection (e) would require vessels to use ballast water 
exchange to reduce the risk of introduction of invasive species 
until ballast water treatment standards outlined in subsection 
(f) of this section come into effect. As an alternative, 
vessels could meet this requirement by using ballast water 
treatment that meets the performance standards of subsection 
(f), or by using ballast treatment that does not meet the 
performance standards in subsection (f) but is at least as 
effective as ballast water exchange.
  For vessels using ballast water exchange, this subsection 
would require vessels arriving at a U.S. port from outside the 
U.S. EEZ to conduct exchange at least 200 nautical miles from 
the nearest point of land, in water at least 200 meters in 
depth. Vessels voyaging between ports within 200 nautical miles 
of the United States would be required to conduct exchange at 
least 50 nautical miles from the nearest land, in water at 
least 200 meters in depth.
  A number of exceptions are included in this subsection. 
First, the ballast water exchange requirements would not apply 
to discharges or uptakes of ballast water necessary to ensure 
the safety or stability of the vessel, its crew or its 
passengers. This exemption is important particularly for 
certain vessel classes, such as many tug and barge operations. 
Second, the provision addresses the problem of requiring 
ballast water exchange for vessels on extremely short coastal 
voyages by allowing vessel operators to seek a waiver if 
conducting exchange would cause the operator substantial 
business hardship, as determined by the Secretary. Third, an 
exemption is provided for vessels operating exclusively between 
certain areas where the risk of introducing aquatic invasive 
species is insignificant, including vessels operating in the 
Great Lakes and between the main Hawaiian islands. Finally, the 
requirements for ballast water exchange are not applicable to 
the Great Lakes or the Hudson River north of the George 
Washington Bridge, for which existing regulations would 
continue until the ballast water treatment requirements under 
the bill become applicable. This subsection also provides that 
unexchanged ballast water discharged pursuant to an exception 
should be discharged in an area designated by the Secretary, or 
into a reception facility established under subsection (f).
  Subsection (f) would phase-in ballast water treatment 
requirements beginning in January 2009 depending on the ballast 
water capacity and age of a vessel. The schedule is the same as 
that adopted by the IMO agreement.
  Subsection (f)(1) would set forth the performance standards 
for ballast water treatment. Treatment is to achieve less than 
1 living organism that is 50 or more micrometers in size per 10 
cubic meters, and less than 1 living organism that is less than 
50 and more than 10 micrometers in size per 10 milliliters. The 
standards also include concentrations for three indicator 
microbes--Vibrio cholera, escherichia coli and enterococci.
  Subsection (f)(2) would provide that the performance 
standards are not applicable to discharges of ballast water 
into a reception facility designated by the Coast Guard or, in 
the case of land-based facilities, the EPA.
  Subsection (f)(3) would set forth the implementation schedule 
for phasing-in ballast water treatment. The earliest date, 
January 1, 2009, would apply to new, smaller vessels, while the 
latest date, January 1, 2016, would apply to existing vessels 
that are either very small or large.
  Subsection (f)(4) would require the Secretary to establish a 
process for approval of ballast water treatment technologies.
  Subsection (f)(5) would set forth the feasibility review 
process that the Coast Guard would use to evaluate whether 
technologies exist that would meet the performance standards. 
The process would include specific criteria, including the 
effectiveness of a technology, whether a technology has an 
adverse impact on the environment, and cost effectiveness. If 
the Coast Guard determines that compliance with the performance 
standards is not feasible, the Coast Guard is to extend the 
date of compliance up to two years and recommend action to 
ensure compliance with such schedule. Subsection (f)(5) also 
provides that if the Coast Guard determines that treatment 
technology exists that exceeds the performance standards, or 
that effective technology could be implemented sooner than the 
phase-in dates, the Coast Guard shall revise the standards and 
time frame for implementation accordingly.
  Subsection (f)(6) would provide that for vessels 
participating in a pilot program approved by the Coast Guard to 
conduct ship-board testing of ballast water treatment 
technologies likely to achieve or exceed the performance 
standards, the Coast Guard shall allow the vessels to use such 
technology for ten years. This provision is aimed at 
encouraging vessel operators to participate in such programs, 
who to date have not participated at a high rate due to the 
costs and risks otherwise involved in testing technologies on 
board.
  Subsection (f)(7) would provide that starting in December 
2012, and every third year thereafter, the Coast Guard shall 
review the performance standards to determine if they should be 
revised to reduce the levels of organisms allowed to be 
discharged, and if the Coast Guard so determines, it shall 
develop a schedule for implementing such adjusted standards.
  Subsection (f)(8) would require the Secretary to develop a 
list, in consultation with States, of vessels that due to 
factors such as the origin of their voyages, the volume of 
ballast water they carry, and the fact that they frequently 
discharge unexchanged or improperly exchanged ballast water 
pursuant to an exception under subsection (e)(3), pose a 
relatively high risk of introducing aquatic invasive species 
into the waters of the United States. This paragraph further 
provides that the Secretary should give priority to such 
vessels for participation in technology pilot programs 
described in subsection (f)(6), and that Federal and State 
programs should give incentives to such vessels to more quickly 
adopt ballast water treatment technologies.
  Subsection (g) would require the Secretary to notify mariners 
of areas where vessels should not uptake ballast water due to 
known conditions.
  Subsection (h) would require vessels to dispose of sediment 
from ballast tanks either more than 200 nautical miles from the 
nearest point of land, or into a reception facility, in 
accordance with the ballast water plan and regulations to be 
approved by the Secretary. The Administrator of the EPA is to 
promulgate regulations for the reception facilities themselves. 
This subsection also requires new vessels to be designed and 
constructed in a manner that minimizes the occurrence of 
sediment in ballast tanks.
  Subsection (i) would require the Secretary to inspect vessels 
and ballast water equipment to ensure compliance with the 
requirements of the bill.
  Subsection (j) would authorize the Secretary to detain a 
vessel that is in violation of the ballast water management 
requirements before it gets underway.
  Subsection (k) would authorize civil or criminal penalties to 
be charged to the responsible party if the person or persons 
are found to be in violation of a regulation prescribed under 
this section.
  Subsection (l) would authorize the Secretary with enforcement 
authority for violations of the requirements of the bill.
  Subsection (m) would encourage the Secretary to consult with 
the governments of Canada and Mexico, as well as other relevant 
countries, in implementing the requirements of the bill.
  Subsection (n) would encourage the Secretary to enter into 
negotiations with foreign governments to develop and implement 
an effective international program for preventing the 
unintentional introduction and spread of aquatic invasive 
species.
  Subsection (o) would require the Secretary to ensure that 
vessels registered outside of the U.S. do not receive more 
favorable treatment than U.S. vessels in implementing the bill.
  Subsection (p) would authorize $5,000,000 annually from FY 
2006 through FY 2010 to the Secretary to be provided to the 
existing Federal Ballast Water Demonstration Project, which 
provides grants for research and development of innovative 
technologies for the management, treatment, and disposal of 
ballast water and sediment, ballast water exchange, and other 
vessel vectors of aquatic invasive species.
  Subsection (q) would require the Secretary to consult with 
the Aquatic Nuisance Species Task Force, established by the 
Nonindigenous Nuisance Prevention and Control Act of 1990, in 
implementing this section.
  Subsection (r) would preempt State and local laws with 
respect to ballast water exchange and ballast water treatment 
requirements. This section would not preempt the imposition by 
States or local governments of greater penalties or fees for 
violations of the provisions of the bill, or other State and 
local law provisions that do not conflict and are not 
inconsistent with the requirements of the bill. This subsection 
also provides that the provisions of this Act establish the 
Federal authority for aquatic invasive species in ballast water 
and sediment, and supersede any provision of other Federal laws 
that conflict with the bill.
  Subsection (s) would authorize the Secretary to issue such 
regulations as necessary to implement this section within one 
year of the date of enactment, and provides for judicial review 
of such regulations.
  Section 3 of the bill would amend section 1003 of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4702) to establish several additional 
definitions and would make conforming amendments in subsection 
(c).

Section 4. Authorization of appropriations

  Section 4 of the bill would authorize $20,000,000 in annual 
appropriations for the Coast Guard for FY 2006 through FY 2010 
to implement the legislation.

Section 5. Coast Guard reports on other sources of vessel-borne 
        invasive species

  Section 5 of the bill would require the Secretary to submit 
two reports to Congress on other vessel-related vectors of 
harmful aquatic species.

Rollcall Votes in Committee deg.

            Additional, Supplemental, or Minority Views deg.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

   NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL ACT OF 1990

            TITLE I--AQUATIC NUISANCE PREVENTION AND CONTROL

                     Subtitle A--General Provisions

SEC. 1001. SHORT TITLE.

  This title may be cited as the ``Nonindigenous [Aquatic 
Nuisance] Aquatic Invasive Species Prevention and Control Act 
of 1990''.

SEC. 1002. FINDINGS AND PURPOSES.

                            [16 U.S.C. 4701]

  (a) Findings.--The Congress finds that--
          (1) the discharge of untreated water in the ballast 
        tanks of vessels and through other means results in 
        unintentional introductions of nonindigenous species to 
        fresh, brackish, and saltwater environments;
          (2) when environmental conditions are favorable, 
        nonindigenous species become established, may compete 
        with or prey upon native species of plants, fish, and 
        wildlife, may carry diseases or parasites that affect 
        native species, and may disrupt the aquatic environment 
        and economy of affected nearshore areas;
          (3) the zebra mussel was unintentionally introduced 
        into the Great Lakes and has infested--
                  (A) waters south of the Great Lakes, into a 
                good portion of the Mississippi River drainage;
                  (B) waters west of the Great Lakes, into the 
                Arkansas River in Oklahoma; and
                  (C) waters east of the Great Lakes, into the 
                Hudson River and Lake Champlain;
          (4) the potential economic disruption to communities 
        affected by the zebra mussel due to its colonization of 
        water pipes, boat hulls and other hard surfaces has 
        been estimated at $5,000,000,000 by the year 2000, and 
        the potential disruption to the diversity and abundance 
        of native fish and other species by the zebra mussel 
        and ruffe, round goby, and other nonindigenous species 
        could be severe;
          (5) the zebra mussel was discovered on Lake Champlain 
        during 1993 and the opportunity exists to act quickly 
        to establish zebra mussel controls before Lake 
        Champlain is further infested and management costs 
        escalate;
          (6) in 1992, the zebra mussel was discovered at the 
        northernmost reaches of the Chesapeake Bay watershed;
          (7) the zebra mussel poses an imminent risk of 
        invasion in the main waters of the Chesapeake Bay;
          (8) since the Chesapeake Bay is the largest recipient 
        of foreign ballast water on the East Coast, there is a 
        risk of further invasions of other nonindigenous 
        species;
          (9) the zebra mussel is only one example of thousands 
        of nonindigenous species that have become established 
        in waters of the United States and may be causing 
        economic and ecological degradation with respect to the 
        natural resources of waters of the United States;
          (10) since their introduction in the early 1980's in 
        ballast water discharges, ruffe--
                  (A) have caused severe declines in 
                populations of other species of fish in Duluth 
                Harbor (in Minnesota and Wisconsin);
                  (B) have spread to Lake Huron; and
                  (C) are likely to spread quickly to most 
                other waters in North America if action is not 
                taken promptly to control their spread;
          (11) examples of nonindigenous species that, as of 
        the date of enactment of the National Invasive Species 
        Act of 1996, infest coastal waters of the United States 
        and that have the potential for causing adverse 
        economic and ecological effects include--
                  (A) the mitten crab (Eriocher sinensis) that 
                has become established on the Pacific Coast;
                  (B) the green crab (Carcinus maenas) that has 
                become established in the coastal waters of the 
                Atlantic Ocean;
                  (C) the brown mussel (Perna perna) that has 
                become established along the Gulf of Mexico; 
                and
                  (D) certain shellfish pathogens;
          (12) many [aquatic nuisance] aquatic invasive 
        vegetation species, such as Eurasian watermilfoil, 
        hydrilla, water hyacinth, and water chestnut, have been 
        introduced to waters of the United States from other 
        parts of the world causing or having a potential to 
        cause adverse environmental, ecological, and economic 
        effects;
          (13) if preventive management measures are not taken 
        nationwide to prevent and control unintentionally 
        introduced nonindigenous aquatic species in a timely 
        manner, further introductions and infestations of 
        species that are as destructive as, or more destructive 
        than, the zebra mussel or the ruffe infestations may 
        occur;
          (14) once introduced into waters of the United 
        States, [aquatic nuisance] aquatic invasive species are 
        unintentionally transported and introduced into inland 
        lakes and rivers by recreational boaters, commercial 
        barge traffic, and a variety of other pathways; and
          (15) resolving the problems associated with [aquatic 
        nuisance] aquatic invasive species will require the 
        participation and cooperation of the Federal Government 
        and State governments, and investment in the 
        development of prevention technologies.
  (b) Purposes.--The purposes of this Act are--
          (1) to prevent unintentional introduction and 
        dispersal of nonindigenous species into waters of the 
        United States through ballast water management and 
        other requirements;
          (2) to coordinate federally conducted, funded or 
        authorized research, prevention control, information 
        dissemination and other activities regarding the zebra 
        mussel and other [aquatic nuisance] aquatic invasive 
        species;
          (3) to develop and carry out environmentally sound 
        control methods to prevent, monitor and control 
        unintentional introductions of nonindigenous species 
        from pathways other than ballast water exchange;
          (4) to understand and minimize economic and 
        ecological impacts of nonindigenous [aquatic nuisance] 
        aquatic invasive species that become established, 
        including the zebra mussel; and
          (5) to establish a program of research and technology 
        development and assistance to States in the management 
        and removal of zebra mussels.

SEC. 1003. DEFINITIONS.

                            [16 U.S.C. 4702]

  As used in this Act, the term--
          (1) ``Administrator'' means the Administrator of the 
        Environmental Protection Agency;
          [(1)] (2) ``aquatic [nuisance] invasive species'' 
        means a nonindigenous species that threatens the 
        diversity or abundance of native species or the 
        ecological stability of infested waters, or commercial, 
        agricultural, aquacultural or recreational activities 
        dependent on such waters;
          [(2)] (3) ``Assistant Secretary'' means the Assistant 
        Secretary of the Army (Civil Works);
          [(3) ``ballast water'' means any water and associated 
        sediments used to manipulate the trim and stability of 
        a vessel;]
          (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; and
                  (B) any water placed into a ballast tank 
                during cleaning, maintenance, or other 
                operations; but
                  (C) does not include water that, at the time 
                of discharge, does not contain aquatic invasive 
                species that was taken on board a vessel and 
                used for a purpose described in subparagraph 
                (A);
          (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;
          [(4)] (8) ``Director'' means the Director of the 
        United States Fish and Wildlife Service;
          [(5)] (9) ``exclusive economic zone'' means the 
        Exclusive Economic Zone of the United States 
        established by Proclamation Number 5030, dated March 
        10, 1983, and the equivalent zone of Canada;
          [(6)] (10) ``environmentally sound'' methods, 
        efforts, actions or programs means methods, efforts, 
        actions or programs to prevent introductions or control 
        infestations of [aquatic nuisance] aquatic invasive 
        species that minimize adverse impacts to the structure 
        and function of an ecosystem and adverse effects on 
        non-target organisms and ecosystems and emphasize 
        integrated pest management techniques and nonchemical 
        measures;
          [(7)] (11) ``Great Lakes'' means Lake Ontario, Lake 
        Erie, Lake Huron (including Lake St. Clair), Lake 
        Michigan, Lake Superior, and the connecting channels 
        (Saint Mary's River, Saint Clair River, Detroit River, 
        Niagara River, and Saint Lawrence River to the Canadian 
        Border), and includes all other bodies of water within 
        the drainage basin of such lakes and connecting 
        channels.
          [(8)] (12) ``Great Lakes region'' means the 8 States 
        that border on the Great Lakes;
          [(9)] (13) ``Indian tribe'' means any Indian tribe, 
        band, nation, or other organized group or community, 
        including any Alaska Native village or regional 
        corporation (as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
        et seq.)) that is recognized as eligible for the 
        special programs and services provided by the United 
        States to Indians because of their status as Indians;
          [(10)] (14) ``interstate organization'' means an 
        entity--
                  (A) established by--
                          (i) an interstate compact that is 
                        approved by Congress;
                          (ii) a Federal statute; or
                          (iii) a treaty or other international 
                        agreement with respect to which the 
                        United States is a party; and
                  (B)(i) that represents 2 or more--
                                  (I) States or political 
                                subdivisions thereof; or
                                  (II) Indian tribes; or
                          (ii) that represents--
                                  (I) 1 or more States or 
                                political subdivisions thereof; 
                                and
                                  (II) 1 or more Indian tribes; 
                                or
                          (iii) that represents the Federal 
                        Government and 1 or more foreign 
                        governments; and
                  (C) has jurisdiction over, serves as forum 
                for coordinating, or otherwise has a role or 
                responsibility for the management of, any land 
                or other natural resource;
          (15) ``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);
          [(11)] (16) ``nonindigenous species'' means any 
        species or other viable biological material that enters 
        an ecosystem beyond its historic range, including any 
        such organism transferred from one country into 
        another;
          [(12)] (17) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating;
          (18) ``sediment'' means matter that has settled out 
        of ballast water within a vessel;
          [(13)] (19) ``Task Force'' means the [Aquatic 
        Nuisance] Aquatic Invasive Species Task Force 
        established under section 1201 of this Act;
          [(14)] (20) ``territorial sea'' means the belt of the 
        sea measured from the baseline of the United States 
        determined in accordance with international law, as set 
        forth in Presidential Proclamation Number 5928, dated 
        December 27, 1988;
          [(15)] (21) ``Under Secretary'' means the Under 
        Secretary of Commerce for Oceans and Atmosphere;
          [(17)] (22) ``unintentional introduction'' means an 
        introduction of nonindigenous species that occurs as 
        the result of activities other than the purposeful or 
        intentional introduction of the species involved, such 
        as the transport of nonindigenous species in ballast or 
        in water used to transport fish, mollusks or 
        crustaceans for aquaculture or other purposes.
          (23) ``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;
          (24) ``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);
          [(16)] (25) ``waters of the United States'' means the 
        navigable waters and the territorial sea of the United 
        States; and
          (26) ``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.

   Subtitle B--Prevention of Unintentional Introductions of Aquatic 
                            Nuisance Species

[SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED STATES.

                            [16 U.S.C. 4711]

  [(a) Great Lakes Guidelines.--
          [(1) In general.--Not later than 6 months after the 
        date of enactment of this Act, the Secretary shall 
        issue voluntary guidelines to prevent the introduction 
        and spread of [aquatic nuisance] aquatic invasive 
        species into the Great Lakes through the exchange of 
        ballast water of vessels prior to entering those 
        waters.
          [(2) Content of guidelines.--The guidelines issued 
        under this subsection shall--
                  [(A) ensure to the maximum extent practicable 
                that ballast water containing aquatic nuisance 
                species is not discharged into the Great Lakes;
                  [(B) protect the safety of--
                          [(i) each vessel; and
                          [(ii) the crew and passengers of each 
                        vessel;
                  [(C) take into consideration different vessel 
                operating conditions; and
                  [(D) be based on the best scientific 
                information available.
  [(b) Regulations.--
          [(1) In general.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary, in 
        consultation with the Task Force, shall issue 
        regulations to prevent the introduction and spread of 
        aquatic nuisance species into the Great Lakes through 
        the ballast water of vessels.
          [(2) Content of regulations.--The regulations issued 
        under this subsection shall--
                  [(A) apply to all 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;
                  [(B) require a vessel to--
                          [(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;
                          [(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); or
                          [(iii) use environmentally sound 
                        alternative ballast water management 
                        methods if the Secretary determines 
                        that such alternative methods are as 
                        effective as ballast water exchange in 
                        preventing and controlling infestations 
                        of aquatic nuisance species;
                  [(C) 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;
                  [(D) provide for sampling procedures to 
                monitor compliance with the requirements of the 
                regulations;
                  [(E) 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;
                  [(F) protect the safety of--
                          [(i) each vessel; and
                          [(ii) the crew and passengers of each 
                        vessel;
                  [(G) take into consideration different 
                operating conditions; and
                  [(H) be based on the best scientific 
                information available.
          [(3) Additional regulations.--In addition to 
        promulgating regulations under paragraph (1), the 
        Secretary, in consultation with the Task Force, shall, 
        not later than November 4, 1994, issue regulations to 
        prevent the introduction and spread of aquatic nuisance 
        species into the Great Lakes through ballast water 
        carried on vessels that enter a United States port on 
        the Hudson River north of the George Washington Bridge.
          [(4) 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 
        subsection.
  [(c) Voluntary National Guidelines.--
          [(1) In general.--Not later than 1 year after the 
        date of enactment of the National Invasive Species Act 
        of 1996, and after providing notice and an opportunity 
        for public comment, the Secretary shall issue voluntary 
        guidelines to prevent the introduction and spread of 
        nonindigenous species in waters of the United States by 
        ballast water operations and other operations of 
        vessels equipped with ballast water tanks.
          [(2) Content of guidelines.--The voluntary guidelines 
        issued under this subsection shall--
                  [(A) ensure to the maximum extent practicable 
                that aquatic nuisance species are not 
                discharged into waters of the United States 
                from vessels;
                  [(B) apply to all vessels equipped with 
                ballast water tanks that operate in waters of 
                the United States;
                  [(C) protect the safety of--
                          [(i) each vessel; and
                          [(ii) the crew and passengers of each 
                        vessel;
                  [(D) direct a vessel that is carrying ballast 
                water into waters of the United States after 
                operating beyond the exclusive economic zone 
                to--
                          [(i) carry out the exchange of 
                        ballast water of the vessel in waters 
                        beyond the exclusive economic zone;
                          [(ii) exchange the ballast water of 
                        the vessel in other waters where the 
                        exchange does not pose a threat of 
                        infestation or spread of nonindigenous 
                        species in waters of the United States, 
                        as recommended by the Task Force under 
                        section 1102(a)(1); or
                          [(iii) use environmentally sound 
                        alternative ballast water management 
                        methods, including modification of the 
                        vessel ballast water tanks and intake 
                        systems, if the Secretary determines 
                        that such alternative methods are at 
                        least as effective as ballast water 
                        exchange in preventing and controlling 
                        infestations of aquatic nuisance 
                        species;
                  [(E) direct vessels to carry out management 
                practices that the Secretary determines to be 
                necessary to reduce the probability of 
                unintentional nonindigenous species transfer 
                resulting from--
                          [(i) ship operations other than 
                        ballast water discharge; and
                          [(ii) ballasting practices of vessels 
                        that enter waters of the United States 
                        with no ballast water on board;
                  [(F) provide for the keeping of records that 
                shall be submitted to the Secretary, as 
                prescribed by the guidelines, and that shall be 
                maintained on board each vessel and made 
                available for inspection, upon request of the 
                Secretary and in a manner consistent with 
                subsection (i), in order to enable the 
                Secretary to determine compliance with the 
                guidelines, including--
                          [(i) with respect to each ballast 
                        water exchange referred to in clause 
                        (ii), reporting on the precise location 
                        and thoroughness of the exchange; and
                          [(ii) any other information that the 
                        Secretary considers necessary to assess 
                        the rate of effective compliance with 
                        the guidelines;
                  [(G) provide for sampling procedures to 
                monitor compliance with the guidelines;
                  [(H) take into consideration--
                          [(i) vessel types;
                          [(ii) variations in the 
                        characteristics of point of origin and 
                        receiving water bodies;
                          [(iii) variations in the ecological 
                        conditions of waters and coastal areas 
                        of the United States; and
                          [(iv) different operating conditions;
                  [(I) be based on the best scientific 
                information available;
                  [(J) 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.); and
                  [(K) provide an exemption from ballast water 
                exchange requirements to passenger vessels with 
                operating ballast water systems that are 
                equipped with treatment systems designed to 
                kill aquatic organisms in ballast water, unless 
                the Secretary determines that such treatment 
                systems are less effective than ballast water 
                exchange at reducing the risk of transfers of 
                invasive species in the ballast water of 
                passenger vessels; and
                  [(L) not apply to crude oil tankers engaged 
                in the coastwise trade.
          [(3) Education and technical assistance programs.--
        Not later than 1 year after the date of enactment of 
        the National Invasive Species Act of 1996, the 
        Secretary shall carry out education and technical 
        assistance programs and other measures to encourage 
        compliance with the guidelines issued under this 
        subsection.
  [(d) Report to Congress.--Not sooner than 24 months after the 
date of issuance of guidelines pursuant to subsection (c) and 
not later than 30 months after such date, and after 
consultation with interested and affected persons, the 
Secretary shall prepare and submit to Congress a report 
containing the information required pursuant to paragraphs (1) 
and (2) of subsection (e).
  [(e) Periodic review and revision.--
          [(1) In general.--Not later than 3 years after the 
        date of issuance of guidelines pursuant to subsection 
        (c), and not less frequently than every 3 years 
        thereafter, the Secretary shall, in accordance with 
        criteria developed by the Task Force under paragraph 
        (3)--
                  [(A) assess the compliance by vessels with 
                the voluntary guidelines issued under 
                subsection (c) and the regulations promulgated 
                under this Act;
                  [(B) establish the rate of compliance that is 
                based on the assessment under subparagraph (A);
                  [(C) assess the effectiveness of the 
                voluntary guidelines and regulations referred 
                to in subparagraph (A) in reducing the 
                introduction and spread of aquatic nuisance 
                species by vessels; and
                  [(D) as necessary, on the basis of the best 
                scientific information available--
                          [(i) revise the guidelines and 
                        regulations referred to in subparagraph 
                        (A);
                          [(ii) promulgate additional 
                        regulations pursuant to subsection 
                        (f)(1); or
                          [(iii) carry out each of clauses (i) 
                        and (ii).
          [(2) Special review and revision.--Not later than 90 
        days after the Task Force makes a request to the 
        Secretary for a special review and revision for coastal 
        and inland waterways designated by the Task Force, the 
        Secretary shall--
                  [(A) conduct a special review of guidelines 
                and regulations applicable to those waterways 
                in accordance with the review procedures under 
                paragraph (1); and
                  [(B) as necessary, in the same manner as 
                provided under paragraph (1)(D)--
                          [(i) revise those guidelines;
                          [(ii) promulgate additional 
                        regulations pursuant to subsection 
                        (f)(1); or
                          [(iii) carry out each of clauses (i) 
                        and (ii).
          [(3) Criteria for effectiveness.--Not later than 18 
        months after the date of enactment of the National 
        Invasive Species Act of 1996, the Task Force shall 
        submit to the Secretary criteria for determining the 
        adequacy and effectiveness of the voluntary guidelines 
        issued under subsection (c).
  [(f) Authority of Secretary.--
          [(1) General regulations.--If, on the basis of a 
        periodic review conducted under subsection (e)(1) or a 
        special review conducted under subsection (e)(2), the 
        Secretary determines that--
                  [(A) the rate of effective compliance (as 
                determined by the Secretary) with the 
                guidelines issued pursuant to subsection (c) is 
                inadequate; or
                  [(B) the reporting by vessels pursuant to 
                those guidelines is not adequate for the 
                Secretary to assess the compliance with those 
                guidelines and provide a rate of compliance of 
                vessels, including the assessment of the rate 
                of compliance of vessels under subsection 
                (e)(2), the Secretary shall promptly promulgate 
                regulations that meet the requirements of 
                paragraph (2).
          [(2) Requirements for regulations.--The regulations 
        promulgated by the Secretary under paragraph (1)--
                  [(A) shall--
                          [(i) not be promulgated sooner than 
                        180 days following the issuance of the 
                        report to Congress submitted pursuant 
                        to subsection (d);
                          [(ii) make mandatory the requirements 
                        included in the voluntary guidelines 
                        issued under subsection (c); and
                          [(iii) provide for the enforcement of 
                        the regulations; and
                  [(B) may be regional in scope.
          [(3) International regulations.--The Secretary shall 
        revise regulations promulgated under this subsection to 
        the extent required to make such regulations consistent 
        with the treatment of a particular matter in any 
        international agreement, agreed to by the United 
        States, governing management of the transfer of 
        nonindigenous aquatic species by vessel.
  [(g) Sanctions.--
          [(1) Civil penalties.--Any person who violates a 
        regulation promulgated under subsection (b) or (f) 
        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 subsection 
        (b) or (f) is guilty of a class C felony.
          [(3) Revocation of clearance.--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 subsection (b) or (f).
          [(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.
  [(h) Coordination With Other Agencies.--In carrying out the 
programs under this section, the Secretary is encouraged to 
use, to the maximum extent practicable, the expertise, 
facilities, members, or personnel of established agencies and 
organizations that have routine contact with vessels, including 
the Animal and Plant Health Inspection Service of the 
Department of Agriculture, the National Cargo Bureau, port 
administrations, and ship pilots' associations.
  [(i) 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.
  [(j) 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.
  [(k) Safety Exemption.--
          [(1) Master discretion.--The master of a vessel is 
        not required to conduct a ballast water exchange if the 
        master decides that the exchange would threaten the 
        safety or stability of the vessel, its crew, or its 
        passengers because of adverse weather, vessel 
        architectural design, equipment failure, or any other 
        extraordinary conditions.
          [(2) Other requirements.--
                  [(A) In general.--Except as provided in 
                subparagraph (B), a vessel that does not 
                exchange ballast water on the high seas under 
                paragraph (1) shall not be restricted from 
                discharging ballast water in any harbor.
                  [(B) Great lakes.--Subparagraph (A) shall not 
                apply in a case in which a vessel is subject to 
                the regulations issued by the Secretary under 
                subsection (b).
          [(3) Crude oil tanker ballast facility study.--
                  [(A) Within 60 days of the date of enactment 
                of this Act, the Secretary of the department in 
                which the Coast Guard is operating, in 
                consultation with the Under Secretary of 
                Commerce for Oceans and Atmosphere, affected 
                shoreside ballast water facility operators, 
                affected crude oil tanker operators, and 
                interested parties, shall initiate a study of 
                the effectiveness of existing shoreside ballast 
                water facilities used by crude oil tankers in 
                the coastwise trade off Alaska in preventing 
                the introduction of nonindigenous aquatic 
                species into the waters off Alaska, as well as 
                the cost and feasibility of modifying such 
                facilities to improve such effectiveness.
                  [(B) The study required under subparagraph 
                (A) shall be submitted to the Congress by no 
                later than October 1, 1997.
  [(l) 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.]

SEC. 1101. BALLAST WATER MANAGEMENT.

  (a) Vessels to Which This Section Applies.--
          (1) In general.--Except as provided in paragraphs 
        (2), (3), and (4), 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.
          (2) Permanent ballast water vessels.--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.
          (3) Armed forces vessels.--
                  (A) Exemption.--Except as provided in 
                subparagraph (B), this section does not apply 
                to a vessel of the Armed Forces.
                  (B) Ballast water management program.--The 
                Secretary of Defense and the Secretary of 
                Homeland Security, after consultation with the 
                Administrator, the Under Secretary of Commerce 
                for Oceans and Atmosphere, and 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).
          (4) Special rule for small recreational vessels.--In 
        applying this section to recreational 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 
        requirements of this section.
  (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 invasive 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; and
                          (vi) 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.
  (e) Ballast Water Exchange Requirements.--
          (1) In general.--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 except after --
                  (A) conducting 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;
                  (B) using ballast water treatment that meets 
                the performance standards of subsection (f); or
                  (C) using environmentally-sound alternative 
                ballast water treatment, if the Secretary 
                determines that such treatment is at least as 
                effective as the ballast water exchange 
                required by subparagraph (A) in preventing and 
                controlling infestation of aquatic invasive 
                species.
          (1A) Guidance; 5-year usage.--
                  (A) Guidance.--Within 1 year after the date 
                of enactment of the Ballast Water Management 
                Act of 2005, the Secretary shall develop 
                guidance on technology that may be used to 
                under paragraph (1)(C).
                  (B) 5-year usage.--If the Secretary 
                accelerates the schedule under subsection 
                (f)(5)(C) for implementation of the treatment 
                technology required under subsection (f), the 
                Secretary shall allow a vessel using 
                environmentally-sound alternative ballast water 
                treatment under paragraph (1)(C) to continue to 
                use that treatment for 5 years after the date 
                on which the environmentally-sound alternative 
                ballast water treatment was first placed in 
                service on the vessel.
          (2) 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.--The operator of a 
                vessel originating from a port or place within 
                the United States exclusive economic zone, 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, 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.
          (3) Safety or stability exception.--
                  (A) In general.--Paragraphs (1) and (2) do 
                not apply to the discharge of ballast water if 
                the master of a vessel determines that 
                compliance with those paragraphs 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.
                  (B) Notification required.--Whenever the 
                master of a vessel is unable to comply with the 
                requirements of paragraphs (1) and (2) because 
                of a determination made under subparagraph (A), 
                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 Administrator, the 
                                Undersecretary, and 
                                representatives of States the 
                                waters of which would be 
                                affected by the discharge of 
                                ballast water; or
                                  (II) undertake discharge of 
                                ballast water in accordance 
                                with paragraph (5) if safety or 
                                stability concerns prevent 
                                undertaking ballast water 
                                exchange in the alternative 
                                area.
                  (C) 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.
          (4) 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 (2)(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 (5). 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 (2)(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).
          (5) Permissable discharge.--
                  (A) In general.--The discharge of 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 the Administrator 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.
          (6) Partial compliance.--The operator of a vessel 
        that is unable to comply fully with the requirements of 
        paragraphs (1) and (2)--
                  (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)(B).
          (7) Special rules for vessels in the great lakes.--
        Until vessels described in subsection (e)(6) are 
        required to conduct ballast water treatment in 
        accordance with the requirements of subsection (f), the 
        regulations promulgated by the Secretary of 
        Transportation under this section, as such regulations 
        and section were in effect on the day before the date 
        of enactment of the Ballast Water Management Act of 
        2005, shall remain in full force and effect for, and 
        shall continue to apply to, such vessels.
          (8) Certain geographically limited routes.--
        Notwithstanding paragraph (2)(B) of this subsection, 
        the operator of a vessel is not required to comply with 
        the requirements of paragraph (2)(B)--
                  (A) if the vessel operates exclusively--
                          (i) within Lake Superior, Lake 
                        Michigan, Lake Huron, 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 
                representatives of States the waters of which 
                would be affected by the discharge of ballast 
                water, that the risk of introducing aquatic 
                invasive species through ballast water 
                discharge in the areas in which the vessel 
                operates is insignificant.
          (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.
          (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 2005.
  (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 as may be specified in 
                regulations promulgated by the Secretary, after 
                consultation with the Environmental Protection 
                Agency, 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--
                          (i) a land-based facility for the 
                        reception of ballast water that meets 
                        standards prescribed by the 
                        Administrator; or
                          (ii) a water-based facility for the 
                        reception of ballast water that meets 
                        standards prescribed by the Secretary.
                  (B) Promulgation of standards.--Within 1 year 
                after the date of enactment of the Ballast 
                Water Management Act of 2005, the Administrator 
                and the Secretary, respectively, shall 
                promulgate standards for--
                          (i) the reception of ballast water in 
                        land-based and water-based 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 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) 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, after 
        consultation with the Administrator, within 1 year 
        after the date of enactment of the Ballast Water 
        Management Act of 2005.
          (5) 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), or as that date may be extended under this 
                paragraph, 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). In reviewing the 
                technologies the Secretary, after consultation 
                with the Administrator, 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 
                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--
                          (i) extend the date on which that 
                        subparagraph first 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 
                        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 
                        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 it causing harm to the 
                environment, the Secretary shall revoke the 
                approval granted under subparagraph (D).
          (7) Review of standards.--
                  (A) In general.--In December, 2012, and in 
                every third year thereafter, the Secretary 
                shall review ballast water treatment standards 
                to determine, after consultation with the 
                Undersecretary and the Administrator, 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 successful invasions of aquatic invasive 
                species and improvements in ballast water 
                treatment technology. The Secretary shall 
                revise by regulation the requirements of 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) High-risk vessels.--
                  (A) Vessel list.--Within 1 year after the 
                date of enactment of the Ballast Water 
                Management Act of 2005, the Secretary shall 
                initiate a list, in consultation with States, 
                of vessels 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 or improperly exchanged 
                ballast water pursuant to an exception under 
                subsection (e), pose a relatively high risk of 
                introducing aquatic invasive species into the 
                waters of those States.
                  (B) Incentive programs.--The Secretary 
                shall--
                          (i) give priority to vessels on the 
                        list for participation in pilot 
                        programs described in paragraph (6); 
                        and
                          (ii) shall encourage Federal and 
                        State technology development programs 
                        or other incentives (whether positive 
                        or negative) to give priority 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.
  (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 
        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--
                  (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, 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--
                          (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, 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).
                  (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, 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 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 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).
                  (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.--The Secretary may carry 
        out such 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.
          (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 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.
          (6) Compliance monitoring.--The Secretary shall by 
        regulation establish sampling procedures to monitor 
        compliance with the requirements of this section.
          (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.
  (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 
        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.--
                  (A) In general.--This subsection does not 
                apply to a failure to exchange ballast water 
                if--
                          (i) 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
                          (ii) the recordkeeping and reporting 
                        requirements of the Act are complied 
                        with.
                  (B) Great lakes.--This paragraph does not 
                apply to vessels operating in the Great Lakes.
  (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.
          (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 invasive 
species.
  (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 invasive 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.
  (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 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 
invasive species such as hull-fouling. There are authorized to 
be appropriated to the Secretary $5,000,000 for each of fiscal 
years 2006 through 2010 to carry out this subsection.
  (q) Consultation With Task Force.--The Secretary shall 
consult with the Task Force in carrying out this section.
  (r) Preemption.--
          (1) In general.--Except as provided in paragraph (2) 
        but notwithstanding any other provision of law, the 
        provisions of subsections (e) and (f) supersede any 
        provision of State or local law that is inconsistent 
        with the requirements of those subsections or that 
        conflicts with the requirements of those subsections. 
        The imposition, by State or local law, of greater 
        penalties or fees for acts or omissions that are 
        violations of such law and also violations of this Act 
        shall not be considered to be inconsistent with, or to 
        conflict with, the requirements of those subsections. 
        Nothing in the preceding sentence limits the scope of 
        State or local law provisions that are not to be 
        considered to be inconsistent with, or to conflict 
        with, the requirements of those subsections
          (2) Reception facilities.--The standards prescribed 
        by the Administrator or the Secretary 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 Federal authority for addressing aquatic 
        invasive species in ballast water or sediment. If there 
        is a conflict between any otherwise applicable 
        provision of Federal law and the requirements of this 
        section, the provisions of this section shall control 
        to the extent that such requirements relate to vessels 
        with respect to aquatic invasive species in ballast 
        water or sediment.
  (s) Regulations.--
          (1) In general.--The Secretary, after consultation 
        with the Administrator, 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 2005.
          (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, or by the 
                Administrator, in the United States Circuit 
                Court of Appeals for the Federal judicial 
                district in which that person resides or 
                transacts business which is directly affected 
                by that regulation only if that action is filed 
                within--
                          (i) 120 days after the date on which 
                        the regulation is promulgated; or
                          (ii) more than 120 days after that 
                        date if the action is based on grounds 
                        that arose after that 120-day period.
                  (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.

SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.

                            [16 U.S.C. 4712]

  (a) Studies on Introduction of [Aquatic Nuisance] Aquatic 
Invasive Species by Vessels.--
          (1) Ballast exchange study.--The Task Force, in 
        cooperation with the Secretary, shall conduct a study--
                   (A) to assess the environmental effects of 
                ballast water exchange on the diversity and 
                abundance of native species in receiving 
                estuarine, marine, and fresh waters of the 
                United States; and
                  (B) to identify areas within the waters of 
                the United States and the exclusive economic 
                zone, if any, where the exchange of ballast 
                water does not pose a threat of infestation or 
                spread of [aquatic nuisance] aquatic invasive 
                species in the Great Lakes and other waters of 
                the United States.
          (2) Biological study.--The Task Force, in cooperation 
        with the Secretary, shall conduct a study to determine 
        whether [aquatic nuisance] aquatic invasive species 
        threaten the ecological characteristics and economic 
        uses of Lake Champlain and other waters of the United 
        States other than the Great Lakes.
          (3) Shipping study.--The Secretary shall conduct a 
        study to determine the need for controls on vessels 
        entering waters of the United States, other than the 
        Great Lakes, to minimize the risk of unintentional 
        introduction and dispersal of [aquatic nuisance] 
        aquatic invasive species in those waters. The study 
        shall include an examination of--
                   (A) the degree to which shipping may be a 
                major pathway of transmission of [aquatic 
                nuisance] aquatic invasive species in those 
                waters;
                  (B) possible alternatives for controlling 
                introduction of those species through shipping; 
                and
                  (C) the feasibility of implementing regional 
                versus national control measures.
  (b) Ecological and Ballast Water Discharge Surveys.--
          (1) Ecological surveys.--
                  (A) In general.--The Task Force, in 
                cooperation with the Secretary, shall conduct 
                ecological surveys of the Chesapeake Bay, San 
                Francisco Bay, and Honolulu Harbor and, as 
                necessary, of other estuaries of national 
                significance and other waters that the Task 
                Force determines--
                           (i) to be highly susceptible to 
                        invasion by [aquatic nuisance] aquatic 
                        invasive species resulting from ballast 
                        water operations and other operations 
                        of vessels; and
                          (ii) to require further study.
                  (B) Requirements for surveys.--In conducting 
                the surveys under this paragraph, the Task 
                Force shall, with respect to each such survey--
                           (i) examine the attributes and 
                        patterns of invasions of [aquatic 
                        nuisance] aquatic invasive species; and
                          (ii) provide an estimate of the 
                        effectiveness of ballast water 
                        management and other vessel management 
                        guidelines issued and regulations 
                        promulgated under this subtitle in 
                        abating invasions of [aquatic nuisance] 
                        aquatic invasive species in the waters 
                        that are the subject of the survey.
          (2) Ballast water discharge surveys.--
                  (A) In general.--The Secretary, in 
                cooperation with the Task Force, shall conduct 
                surveys of ballast water discharge rates and 
                practices in the waters referred to in 
                paragraph (1)(A) on the basis of the criteria 
                under clauses (i) and (ii) of such paragraph.
                  (B) Requirements for surveys.--In conducting 
                the surveys under this paragraph, the Secretary 
                shall--
                           (i) examine the rate of, and trends 
                        in, ballast water discharge in the 
                        waters that are the subject of the 
                        survey; and
                          (ii) assess the effectiveness of 
                        voluntary guidelines issued, and 
                        regulations promulgated, under this 
                        subtitle in altering ballast water 
                        discharge practices to reduce the 
                        probability of accidental introductions 
                        of [aquatic nuisance] aquatic invasive 
                        species.
          (3) Columbia River.--The Secretary, in cooperation 
        with the Task Force and academic institutions in each 
        of the States affected, shall conduct an ecological and 
        ballast water discharge survey of the Columbia River 
        system consistent with the requirements of paragraphs 
        (1) and (2).
  (c) Reports.--
          (1) Ballast exchange.--Not later than 18 months after 
        the date of enactment of this Act and prior to the 
        effective date of the regulations issued under section 
        1101(b), the Task Force shall submit a report to the 
        Congress that presents the results of the study 
        required under subsection (a)(1) and makes 
        recommendations with respect to such regulations.
          (2) Biological and shipping studies.--Not later than 
        18 months after the date of enactment of this Act, the 
        Secretary and the Task Force shall each submit to the 
        Congress a report on the results of their respective 
        studies under paragraphs (2) and (3) of subsection (a).
  (d) Negotiations.--The Secretary, working through the 
International Maritime Organization, is encouraged to enter 
into negotiations with the governments of foreign countries 
concerning the planning and implementation of measures aimed at 
the prevention and control of unintentional introductions of 
[aquatic nuisance] aquatic invasive species in coastal waters.
  (e) Regional Research Grants.--Out of amounts appropriated to 
carry out this subsection for a fiscal year, the Under 
Secretary may--
           (1) make available not to exceed $750,000 to fund 
        research on [aquatic nuisance] aquatic invasive species 
        prevention and control in the Chesapeake Bay through 
        grants, to be competitively awarded and subject to peer 
        review, to universities and research institutions;
          (2) make available not to exceed $500,000 to fund 
        research on [aquatic nuisance] aquatic invasive species 
        prevention and control in the Gulf of Mexico through 
        grants, to be competitively awarded and subject to peer 
        review, to universities and research institutions;
          (3) make available not to exceed $500,000 to fund 
        research on [aquatic nuisance] aquatic invasive species 
        prevention and control for the Pacific Coast through 
        grants, to be competitively awarded and subject to peer 
        review, to universities and research institutions;
          (4) make available not to exceed $500,000 to fund 
        research on [aquatic nuisance] aquatic invasive species 
        prevention and control for the Atlantic Coast through 
        grants, to be competitively awarded and subject to peer 
        review, to universities and research institutions; and
          (5) make available not to exceed $750,000 to fund 
        research on [aquatic nuisance] aquatic invasive species 
        prevention and control in the San Francisco Bay-Delta 
        Estuary through grants, to be competitively awarded and 
        subject to peer review, to universities and research 
        institutions.
  (f) National Ballast Information Clearinghouse.--
          (1) In general.--The Secretary shall develop and 
        maintain, in consultation and cooperation with the Task 
        Force and the Smithsonian Institution (acting through 
        the Smithsonian Environmental Research Center), a 
        clearinghouse of national data concerning--
                  (A) ballasting practices;
                  (B) compliance with the guidelines issued 
                pursuant to section 1101(c); and
                  (C) any other information obtained by the 
                Task Force under subsection (b).
          (2) Report.--In consultation and cooperation with the 
        Task Force and the Smithsonian Institution (acting 
        through the Smithsonian Environmental Research Center), 
        the Secretary shall prepare and submit to the Task 
        Force and the Congress, on a biennial basis, a report 
        that synthesizes and analyzes the data referred to in 
        paragraph (1) relating to--
                  (A) ballast water delivery and management; 
                and
                  (B) invasions of [aquatic nuisance] aquatic 
                invasive species resulting from ballast water.

[SEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS.

                            [16 U.S.C. 4713]

  [(a) Department of Defense Vessels.--Subject to operational 
conditions, the Secretary of Defense, in consultation with the 
Secretary, the Task Force, and the International Maritime 
Organization, shall implement a ballast water management 
program for seagoing vessels of the Department of Defense to 
minimize the risk of introduction of nonindigenous species from 
releases of ballast water.
  [(b) Coast Guard Vessels.--Subject to operational conditions, 
the Secretary, in consultation with the Task Force and the 
International Maritime Organization, shall implement a ballast 
water management program for seagoing vessels of the Coast 
Guard to minimize the risk of introduction of nonindigenous 
species from releases of ballast water.]

SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRATION PROGRAM.

                            [16 U.S.C. 4714]

  (a) Technologies and Practices Defined.--For purposes of this 
section, the term ``technologies and practices'' means those 
technologies and practices that--
           (1) may be retrofitted--
                  (A) on existing vessels or incorporated in 
                new vessel designs; and
                  (B) on existing land-based ballast water 
                treatment facilities;
          (2) may be designed into new water treatment 
        facilities;
          (3) are operationally practical;
          (4) are safe for a vessel and crew;
          (5) are environmentally sound;
          (6) are cost-effective;
          (7) a vessel operator is capable of monitoring; and
          (8) are effective against a broad range of [aquatic 
        nuisance] aquatic invasive species.
  (b) Demonstration Program.--
          (1) In general.--During the 18-month period beginning 
        on the date that funds are made available by 
        appropriations pursuant to section 1301(e), the 
        Secretary of the Interior and the Secretary of 
        Commerce, with the concurrence of and in cooperation 
        with the Secretary, shall conduct a ballast water 
        management demonstration program to demonstrate 
        technologies and practices to prevent aquatic 
        nonindigenous species from being introduced into and 
        spread through ballast water in the Great Lakes and 
        other waters of the United States.
          (2) Location.--The installation and construction of 
        the technologies and practices used in the 
        demonstration program conducted under this subsection 
        shall be performed in the United States.
          (3) Vessel selection.--In demonstrating technologies 
        and practices on vessels under this subsection, the 
        Secretary of the Interior and the Secretary of 
        Commerce, shall--
                  (A) use only vessels that--
                          (i) are approved by the Secretary;
                          (ii) have ballast water systems 
                        conducive to testing aboard-vessel or 
                        land-based technologies and practices 
                        applicable to a significant number of 
                        merchant vessels; and
                          (iii) are--
                                  (I) publicly or privately 
                                owned; and
                                  (II) in active use for trade 
                                or other cargo shipment 
                                purposes during the 
                                demonstration;
                  (B) select vessels for participation in the 
                program by giving priority consideration--
                          (i) first, to vessels documented 
                        under chapter 121 of title 46, United 
                        States Code;
                          (ii) second, to vessels that are a 
                        majority owned by citizens of the 
                        United States, as determined by the 
                        Secretary; and
                          (iii) third, to any other vessels 
                        that regularly call on ports in the 
                        United States; and
                  (C) seek to use a variety of vessel types, 
                including vessels that--
                          (i) call on ports in the United 
                        States and on the Great Lakes; and
                          (ii) are operated along major coasts 
                        of the United States and inland 
                        waterways, including the San Francisco 
                        Bay and Chesapeake Bay.
          (4) Selection of technologies and practices.--In 
        selecting technologies and practices for demonstration 
        under this subsection, the Secretary of the Interior 
        and the Secretary of Commerce shall give priority 
        consideration to technologies and practices identified 
        as promising by the National Research Council Marine 
        Board of the National Academy of Sciences in its report 
        on ships' ballast water operations issued in July 1996.
          (5) Report.--Not later than 3 years after the date of 
        enactment of the National Invasive Species Act of 1996, 
        the Secretary of the Interior and the Secretary of 
        Commerce shall prepare and submit a report to the 
        Congress on the demonstration program conducted 
        pursuant to this section. The report shall include 
        findings and recommendations of the Secretary of the 
        Interior and the Secretary of Commerce concerning 
        technologies and practices.
  (c) Authorities; Consultation and Cooperation With 
International Maritime Organization and Task Force.--
          (1) Authorities.--In conducting the demonstration 
        program under subsection (b), the Secretary of the 
        Interior may--
                   (A) enter into cooperative agreements with 
                appropriate officials of other agencies of the 
                Federal Government, agencies of States and 
                political subdivisions thereof, and private 
                entities;
                  (B) accept funds, facilities, equipment, or 
                personnel from other Federal agencies; and
                  (C) accept donations of property and 
                services.
          (2) Consultation and cooperation.--The Secretary of 
        the Interior shall consult and cooperate with the 
        International Maritime Organization and the Task Force 
        in carrying out this section.

     Subtitle C--Prevention and Control of Aquatic Nuisance Species

SEC. 1201. ESTABLISHMENT OF TASK FORCE.

                            [16 U.S.C. 4721]

  (a) Task Force.--There is hereby established an ``[Aquatic 
Nuisance] Aquatic Invasive Species Task Force''.
  (b) Membership.--Membership of the Task Force shall consist 
of--
          (1) the Director;
          (2) the Under Secretary;
          (3) the Administrator of the Environmental Protection 
        Agency;
          (4) the Commandant of the United States Coast Guard;
          (5) the Assistant Secretary;
          (6) the Secretary of Agriculture; and
          (7) the head of any other Federal agency that the 
        chairpersons designated under subsection (d) deem 
        appropriate.
  (c) Ex Officio Members.--The chairpersons designated under 
subsection (d) shall invite representatives of the Great Lakes 
Commission, the Lake Champlain Basin Program, the Chesapeake 
Bay Program, the San Francisco Bay-Delta Estuary Program, and 
State agencies and other governmental entities to participate 
as ex officio members of the Task Force.
  (d) Chairpersons.--The Director and the Under Secretary shall 
serve as co-chairpersons of the Task Force and shall be jointly 
responsible, and are authorized to undertake such activities as 
may be necessary, for carrying out this subtitle in 
consultation and cooperation with the other members of the Task 
Force.
  (e) Memorandum of Understanding.--Within six months of the 
date of enactment of this Act, the Director and the Under 
Secretary shall develop a memorandum of understanding that 
describes the role of each in jointly carrying out this 
subtitle.
  (f) Coordination.--Each Task Force member shall coordinate 
any action to carry out this subtitle with any such action by 
other members of the Task Force, and regional, State and local 
entities.

[SEC. 1202. AQUATIC NUISANCE SPECIES PROGRAM.]

SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.

                            [16 U.S.C. 4722]

  (a) In General.--The Task Force shall develop and implement a 
program for waters of the United States to prevent introduction 
and dispersal of [aquatic nuisance] aquatic invasive species; 
to monitor, control and study such species; and to disseminate 
related information.
  (b) Content.--The program developed under subsection (a) 
shall--
          (1) identify the goals, priorities, and approaches 
        for [aquatic nuisance] aquatic invasive species 
        prevention, monitoring, control, education and research 
        to be conducted or funded by the Federal Government;
          (2) describe the specific prevention, monitoring, 
        control, education and research activities to be 
        conducted by each Task Force member;
          (3) coordinate [aquatic nuisance] aquatic invasive 
        species programs and activities of Task Force members 
        and affected State agencies;
          (4) describe the role of each Task Force member in 
        implementing the elements of the program as set forth 
        in this subtitle;
          (5) include recommendations for funding to implement 
        elements of the program; and
          (6) develop a demonstration program of prevention, 
        monitoring, control, education and research for the 
        zebra mussel, to be implemented in the Great Lakes and 
        any other waters infested, or likely to become infested 
        in the near future, by the zebra mussel.
  (c) Prevention.--
          (1) In general.--The Task Force shall establish and 
        implement measures, within the program developed under 
        subsection (a), to minimize the risk of introduction of 
        [aquatic nuisance] aquatic invasive species to waters 
        of the United States, including--
                  (A) identification of pathways by which 
                aquatic organisms are introduced to waters of 
                the United States;
                  (B) assessment of the risk that an aquatic 
                organism carried by an identified pathway may 
                become an [aquatic nuisance] aquatic invasive 
                species; and
                  (C) evaluation of whether measures to prevent 
                introductions of [aquatic nuisance] aquatic 
                invasive species are effective and 
                environmentally sound.
          (2) Implementation.--Whenever the Task Force 
        determines that there is a substantial risk of 
        unintentional introduction of an [aquatic nuisance] 
        aquatic invasive species by an identified pathway and 
        that the adverse consequences of such an introduction 
        are likely to be substantial, the Task Force shall, 
        acting through the appropriate Federal agency, and 
        after an opportunity for public comment, carry out 
        cooperative, environmentally sound efforts with 
        regional, State and local entities to minimize the risk 
        of such an introduction.
  (d) Monitoring.--The Task Force shall establish and implement 
monitoring measures, within the program developed under 
subsection (a), to--
          (1) detect unintentional introductions of [aquatic 
        nuisance] aquatic invasive species;
          (2) determine the dispersal of [aquatic nuisance] 
        aquatic invasive species after introduction; and
          (3) provide for the early detection and prevention of 
        infestations of [aquatic nuisance] aquatic invasive 
        species in unaffected drainage basins.
  (e) Control.--
          (1) In general.--The Task Force may develop 
        cooperative efforts, within the program established 
        under subsection (a), to control established [aquatic 
        nuisance] aquatic invasive species to minimize the risk 
        of harm to the environment and the public health and 
        welfare. For purposes of this Act, control efforts 
        include eradication of infestations, reductions of 
        populations, development of means of adapting human 
        activities and public facilities to accommodate 
        infestations, and prevention of the spread of [aquatic 
        nuisance] aquatic invasive species from infested areas. 
        Such control efforts shall be developed in consultation 
        with affected Federal agencies, States, Indian Tribes, 
        local governments, interjurisdictional organizations, 
        and other appropriate entities. Control actions 
        authorized by this section shall be based on the best 
        available scientific information and shall be conducted 
        in an environmentally sound manner.
          (2) Decisions.--The Task Force or any other affected 
        agency or entity may recommend that the Task Force 
        initiate a control effort. In determining whether a 
        control program is warranted, the Task Force shall 
        evaluate the need for control (including the projected 
        consequences of no control and less than full control); 
        the technical and biological feasibility and cost-
        effectiveness of alternative control strategies and 
        actions; whether the benefits of control, including 
        costs avoided, exceed the costs of the program; the 
        risk of harm to non-target organisms and ecosystems, 
        public health and welfare; and such other 
        considerations the Task Force determines appropriate. 
        The Task Force shall also determine the nature and 
        extent of control of target [aquatic nuisance] aquatic 
        invasive species that is feasible and desirable.
          (3) Programs.--If the Task Force determines in 
        accordance with paragraph (2) that control of an 
        [aquatic nuisance] aquatic invasive species is 
        warranted, the Task Force shall develop a proposed 
        control program to achieve the target level of control. 
        A notice summarizing the proposed action and soliciting 
        comments shall be published in the Federal Register, in 
        major newspapers in the region affected, and in 
        principal trade publications of the industries 
        affected. Within 180 days of proposing a control 
        program, and after consultation with affected 
        governmental and other appropriate entities and taking 
        into consideration other comments received, the Task 
        Force shall complete development of the proposed 
        control program.
  (f) Research.--
          (1) Priorities.--The Task Force shall, within the 
        program developed under subsection (a), conduct 
        research concerning--
                  (A) the environmental and economic risks and 
                impacts associated with the introduction of 
                [aquatic nuisance] aquatic invasive species 
                into the waters of the United States;
                  (B) the principal pathways by which [aquatic 
                nuisance] aquatic invasive species are 
                introduced and dispersed;
                  (C) possible methods for the prevention, 
                monitoring and control of [aquatic nuisance] 
                aquatic invasive species; and
                  (D) the assessment of the effectiveness of 
                prevention, monitoring and control methods.
          (2) Protocol.--Within 90 days of the date of 
        enactment of this Act, the Task Force shall establish 
        and follow a protocol to ensure that research 
        activities carried out under this subtitle do not 
        result in the introduction of [aquatic nuisance] 
        aquatic invasive species to waters of the United 
        States.
          (3) Grants for research.--The Task Force shall 
        allocate funds authorized under this Act for 
        competitive research grants to study all aspects of 
        [aquatic nuisance] aquatic invasive species, which 
        shall be administered through the National Sea Grant 
        College Program and the Cooperative Fishery and 
        Wildlife Research Units. Grants shall be conditioned to 
        ensure that any recipient of funds follows the protocol 
        established under paragraph (2) of this subsection.
  (g) Technical Assistance.--The Task Force shall, within the 
program developed under subsection (a), provide technical 
assistance to State and local governments and persons to 
minimize the environmental, public health, and safety risks 
associated with [aquatic nuisance] aquatic invasive species, 
including an early warning system for advance notice of 
possible infestations and appropriate responses.
  (h) Education.--The Task Force shall, with the program 
developed under subsection (a), establish and implement 
educational programs through Sea Grant Marine Advisory Services 
and any other available resources that it determines to be 
appropriate to inform the general public, State governments, 
governments of political subdivisions of States, and industrial 
and recreational users of aquatic resources in connection with 
matters concerning the identification of [aquatic nuisance] 
aquatic invasive species, and control methods for such species, 
including the prevention of the further distribution of such 
species.
  (i) Zebra Mussel Demonstration Program.--
          (1) Zebra mussel.--
                  (A) In general.--The Task Force shall, within 
                the program developed under subsection (a), 
                undertake a program of prevention, monitoring, 
                control, education and research for the zebra 
                mussel to be implemented in the Great Lakes and 
                any other waters of the United States infested 
                or likely to become infested by the zebra 
                mussel, including--
                          (i) research and development 
                        concerning the species life history, 
                        environmental tolerances and impacts on 
                        fisheries and other ecosystem 
                        components, and the efficacy of control 
                        mechanisms and means of avoiding or 
                        minimizing impacts;
                          (ii) tracking the dispersal of the 
                        species and establishment of an early 
                        warning system to alert likely areas of 
                        future infestations;
                          (iii) development of control plans in 
                        coordination with regional, State and 
                        local entities; and
                          (iv) provision of technical 
                        assistance to regional, State and local 
                        entities to carry out this section.
                  (B) Public facility research and 
                development.--The Assistant Secretary, in 
                consultation with the Task Force, shall develop 
                a program of research, technology development, 
                and demonstration for the environmentally sound 
                control of zebra mussels in and around public 
                facilities. The Assistant Secretary shall 
                collect and make available, through 
                publications and other appropriate means, 
                information pertaining to such control methods.
                  (C) Voluntary guidelines.--Not later than 1 
                year after the date of enactment of this 
                subparagraph, the Task Force shall develop and 
                submit to the Secretary voluntary guidelines 
                for controlling the spread of the zebra mussel 
                and, if appropriate, other [aquatic nuisance] 
                aquatic invasive species through recreational 
                activities, including boating and fishing. Not 
                later than 4 months after the date of such 
                submission, and after providing notice and an 
                opportunity for public comment, the Secretary 
                shall issue voluntary guidelines that are based 
                on the guidelines developed by the Task Force 
                under this subparagraph.
          (2) Dispersal containment analysis.--
                  (A) Research.--The Administrator of the 
                Environmental Protection Agency, in cooperation 
                with the National Science Foundation and the 
                Task Force, shall provide research grants on a 
                competitive basis for projects that--
                          (i) identify environmentally sound 
                        methods for controlling the dispersal 
                        of [aquatic nuisance] aquatic invasive 
                        species, such as the zebra mussel; and
                          (ii) adhere to research protocols 
                        developed pursuant to subsection 
                        (f)(2).
                  (B) Authorization of appropriations.--There 
                are authorized to be appropriated to the 
                Environmental Protection Agency to carry out 
                this paragraph, $500,000.
          (3) Dispersal barrier demonstration.--
                  (A) In general.--The Assistant Secretary, in 
                consultation with the Task Force, shall 
                investigate and identify environmentally sound 
                methods for preventing and reducing the 
                dispersal of [aquatic nuisance] aquatic 
                invasive species between the Great Lakes-Saint 
                Lawrence drainage and the Mississippi River 
                drainage through the Chicago River Ship and 
                Sanitary Canal, including any of those methods 
                that could be incorporated into the operation 
                or construction of the lock system of the 
                Chicago River Ship and Sanitary Canal.
                  (B) Report.--Not later than 18 months after 
                the date of enactment of this paragraph, the 
                Assistant Secretary shall issue a report to the 
                Congress that includes recommendations 
                concerning--
                          (i) which of the methods that are 
                        identified under the study conducted 
                        under this paragraph are most promising 
                        with respect to preventing and reducing 
                        the dispersal of [aquatic nuisance] 
                        aquatic invasive species; and
                          (ii) ways to incorporate those 
                        methods into ongoing operations of the 
                        United States Army Corps of Engineers 
                        that are conducted at the Chicago River 
                        Ship and Sanitary Canal.
                  (C) Authorization of appropriations.--There 
                are authorized to be appropriated to the 
                Department of the Army, to carry out this 
                paragraph, $750,000.
          (4) Contributions.--To the extent allowable by law, 
        in carrying out the studies under paragraphs (2) and 
        (3), the Administrator of the Environmental Protection 
        Agency and the Secretary of the Army may enter into an 
        agreement with an interested party under which that 
        party provides in kind or monetary contributions for 
        the study.
          (5) Technical assistance.--The Great Lakes 
        Environmental Research Laboratory of the National 
        Oceanic and Atmospheric Administration shall provide 
        technical assistance to appropriate entities to assist 
        in the research conducted pursuant to this subsection.
  (j) Implementation.--
          (1) Regulations.--The Director, the Secretary, and 
        the Under Secretary may issue such rules and 
        regulations as may be necessary to implement this 
        section.
          (2) Participation of others.--The Task Force shall 
        provide opportunities for affected Federal agencies 
        which are not part of the Task Force, State and local 
        government agencies, and regional and other entities 
        with the necessary expertise to participate in control 
        programs. If these other agencies or entities have 
        sufficient authority or jurisdiction and expertise and 
        where this will be more efficient or effective, 
        responsibility for implementing all or a portion of a 
        control program may be delegated to such agencies or 
        entities.
  (k) Reports.--
          (1) Not later than 12 months after the date of 
        enactment of this Act, the Task Force shall submit a 
        report describing the program developed under 
        subsection (a), including the research protocol 
        required under subsection (f)(2), to the Congress.
          (2) On an annual basis after the submission of the 
        report under paragraph (1), the Task Force shall submit 
        a report to the Congress detailing progress in carrying 
        out this section.

SEC. 1203. REGIONAL COORDINATION.

                            [16 U.S.C. 4723]

  (a) Great Lakes Panel.--
          (1) In general.--Not later than 30 days following the 
        date of enactment of this Act, the Task Force shall 
        request that the Great Lakes Commission (established 
        under Article IV of the Great Lakes Compact to which 
        the Congress granted consent in the Act of July 24, 
        1968, convene a panel of Great Lakes region 
        representatives from Federal, State, and local agencies 
        and from private environmental and commercial interests 
        to--
                  (A) identify priorities for the Great Lakes 
                region with respect to [aquatic nuisance] 
                aquatic invasive species;
                  (B) make recommendations to the Task Force 
                regarding programs to carry out section 1202(i) 
                of this Act;
                  (C) assist the Task Force in coordinating 
                Federal [aquatic nuisance] aquatic invasive 
                species program activities in the Great Lakes 
                region;
                  (D) coordinate, where possible, [aquatic 
                nuisance] aquatic invasive species program 
                activities in the Great Lakes region that are 
                not conducted pursuant to this Act;
                  (E) provide advice to public and private 
                individuals and entities concerning methods of 
                controlling [aquatic nuisance] aquatic invasive 
                species; and
                  (F) submit annually a report to the Task 
                Force describing activities within the Great 
                Lakes region related to [aquatic nuisance] 
                aquatic invasive species prevention, research, 
                control.
          (2) Consultation.--The Task Force shall request that 
        the Great Lakes Fishery Commission provide information 
        to the panel convened under this subsection on 
        technical and policy matters related to the 
        international fishery resources of the Great Lakes.
          (3) Canadian participation.--The panel convened under 
        this subsection is encouraged to invite representatives 
        from the Federal, provincial or territorial governments 
        of Canada to participate as observers.
  (b) Western Regional Panel.--Not later than 30 days after the 
date of enactment of the National Invasive Species Act of 1996, 
the Task Force shall request a Western regional panel, 
comprised of Western region representatives from Federal, 
State, and local agencies and from private environmental and 
commercial interests, to--
          (1) identify priorities for the Western region with 
        respect to [aquatic nuisance] aquatic invasive species;
          (2) make recommendations to the Task Force regarding 
        an education, monitoring (including inspection), 
        prevention, and control program to prevent the spread 
        of the zebra mussel west of the 100th Meridian pursuant 
        to section 1202(i) of this Act;
          (3) coordinate, where possible, other [aquatic 
        nuisance] aquatic invasive species program activities 
        in the Western region that are not conducted pursuant 
        to this Act;
          (4) develop an emergency response strategy for 
        Federal, State, and local entities for stemming new 
        invasions of [aquatic nuisance] aquatic invasive 
        species in the region;
          (5) provide advice to public and private individuals 
        and entities concerning methods of preventing and 
        controlling [aquatic nuisance] aquatic invasive species 
        infestations; and
          (6) submit annually a report to the Task Force 
        describing activities within the Western region related 
        to [aquatic nuisance] aquatic invasive species 
        prevention, research, and control.
  (c) Additional Regional Panels.--The Task Force shall--
          (1) encourage the development and use of regional 
        panels and other similar entities in regions in 
        addition to the Great Lakes and Western regions 
        (including providing financial assistance for the 
        development and use of such entities) to carry out, 
        with respect to those regions, activities that are 
        similar to the activities described in subsections (a) 
        and (b); and
          (2) cooperate with regional panels and similar 
        entities that carry out the activities described in 
        paragraph (1).

[SEC. 1204. STATE AQUATIC NUISANCE SPECIES MANAGEMENT PLANS.]

SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGEMENT PLANS.

                            [16 U.S.C. 4724]

  (a) State or Interstate Invasive Species Management Plans.--
          (1) In general.--After providing notice and 
        opportunity for public comment, the Governor of each 
        State may prepare and submit, or the Governors of the 
        States and the governments of the Indian tribes 
        involved in an interstate organization, may jointly 
        prepare and submit--
                  (A) a comprehensive management plan to the 
                Task Force for approval which identifies those 
                areas or activities within the State or within 
                the interstate region involved, other than 
                those related to public facilities, for which 
                technical, enforcement, or financial assistance 
                (or any combination thereof) is needed to 
                eliminate or reduce the environmental, public 
                health, and safety risks associated with 
                [aquatic nuisance] aquatic invasive species, 
                particularly the zebra mussel; and
                  (B) a public facility management plan to the 
                Assistant Secretary for approval which is 
                limited solely to identifying those public 
                facilities within the State or within the 
                interstate region involved for which technical 
                and financial assistance is needed to reduce 
                infestations of zebra mussels.
          (2) Content.--Each plan shall, to the extent 
        possible, identify the management practices and 
        measures that will be undertaken to reduce infestations 
        of [aquatic nuisance] aquatic invasive species. Each 
        plan shall--
                  (A) identify and describe State and local 
                programs for environmentally sound prevention 
                and control of the target [aquatic nuisance] 
                aquatic invasive species;
                  (B) identify Federal activities that may be 
                needed for environmentally sound prevention and 
                control of [aquatic nuisance] aquatic invasive 
                species and a description of the manner in 
                which those activities should be coordinated 
                with State and local government activities;
                  (C) identify any authority that the State (or 
                any State or Indian tribe involved in the 
                interstate organization) does not have at the 
                time of the development of the plan that may be 
                necessary for the State (or any State or Indian 
                tribe involved in the interstate organization) 
                to protect public health, property, and the 
                environment from harm by [aquatic nuisance] 
                aquatic invasive species; and
                  (D) a schedule of implementing the plan, 
                including a schedule of annual objectives, and 
                enabling legislation.
          (3) Consultation.--
                  (A) In developing and implementing a 
                management plan, the State or interstate 
                organization should, to the maximum extent 
                practicable, involve local governments and 
                regional entities, Indian tribes, and public 
                and private organizations that have expertise 
                in the control of [aquatic nuisance] aquatic 
                invasive species.
                  (B) Upon the request of a State or the 
                appropriate official of an interstate 
                organization, the Task Force or the Assistant 
                Secretary, as appropriate under paragraph (1), 
                may provide technical assistance in developing 
                and implementing a management plan.
          (4) Plan approval.--Within 90 days after the 
        submission of a management plan, the Task Force or the 
        Assistant Secretary in consultation with the Task 
        Force, as appropriate under paragraph (1), shall review 
        the proposed plan and approve it if it meets the 
        requirements of this subsection or return the plan to 
        the Governor or the interstate organization with 
        recommended modifications.
  (b) Grant Program.--
          (1) State grants.--The Director may, at the 
        recommendation of the Task Force, make grants to States 
        with management plans approved under subsection (a) for 
        the implementation of those plans.
          (2) Application.--An application for a grant under 
        this subsection shall include an identification and 
        description of the best management practices and 
        measures which the State proposes to utilize in 
        implementing an approved management plan with any 
        Federal assistance to be provided under the grant.
          (3) Federal share.--
                  (A) The Federal share of the cost of each 
                comprehensive management plan implemented with 
                Federal assistance under this section in any 
                fiscal year shall not exceed 75 percent of the 
                cost incurred by the State in implementing such 
                management program and the non-Federal share of 
                such costs shall be provided from non-Federal 
                sources.
                  (B) The Federal share of the cost of each 
                public facility management plan implemented 
                with Federal assistance under this section in 
                any fiscal year shall not exceed 50 percent of 
                the cost incurred by the State in implementing 
                such management program and the non-Federal 
                share of such costs shall be provided from non-
                Federal sources.
          (4) Adminisrative costs.--For the purposes of this 
        section, administrative costs for activities and 
        programs carried out with a grant in any fiscal year 
        shall not exceed 5 percent of the amount of the grant 
        in that year.
          (5) In-kind contributions.--In addition to cash 
        outlays and payments, in-kind contributions of property 
        or personnel services by non-Federal interests for 
        activities under this section may be used for the non-
        Federal share of the cost of those activities.
  (c) Enforcement Assistance.--Upon request of a State or 
Indian tribe, the Director or the Under Secretary, to the 
extent allowable by law and in a manner consistent with section 
141 of title 14, United States Code, may provide assistance to 
a State or Indian tribe in enforcing an approved State or 
interstate invasive species management plan.

SEC. 1205. RELATIONSHIP TO OTHER LAWS.

                            [16 U.S.C. 4725]

  All actions taken by Federal agencies in implementing the 
provisions of section 1202 shall be consistent with all 
applicable Federal, State, and local environmental laws. 
Nothing in this title shall affect the authority of any State 
or political subdivision thereof to adopt or enforce control 
measures for [aquatic nuisance] aquatic invasive species, or 
diminish or affect the jurisdiction of any State over species 
of fish and wildlife. Compliance with the control and 
eradication measures of any State or political subdivision 
thereof regarding [aquatic nuisance] aquatic invasive species 
shall not relieve any person of the obligation to comply with 
the provisions of this subtitle.

SEC. 1206. INTERNATIONAL COOPERATION.

                            [16 U.S.C. 4726]

  (a) Advice.--The Task Force shall provide timely advice to 
the Secretary of State concerning [aquatic nuisance] aquatic 
invasive species that infest waters shared with other 
countries.
  (b) Negotiations.--The Secretary of State, in consultation 
with the Task Force, is encouraged to initiate negotiations 
with the governments of foreign countries concerning the 
planning and implementation of prevention, monitoring, 
research, education, and control programs related to [aquatic 
nuisance] aquatic invasive species infesting shared water 
resources.

SEC. 1207. INTENTIONAL INTRODUCTIONS POLICY REVIEW.

                            [16 U.S.C. 4727]

  Within one year of the date of enactment of this Act, the 
Task Force shall, in consultation with State fish and wildlife 
agencies, other regional, State and local entities, potentially 
affected industries and other interested parties, identify and 
evaluate approaches for reducing the risk of adverse 
consequences associated with intentional introduction of 
aquatic organisms and submit a report of their findings, 
conclusions and recommendations to the Congress.

SEC. 1209. BROWN TREE SNAKE CONTROL PROGRAM.

                            [16 U.S.C. 4728]

  The Task Force shall, within the program developed under 
subsection (a), undertake a comprehensive, environmentally 
sound program in coordination with regional, territorial, State 
and local entities to control the brown tree snake (Boiga 
irregularis) in Guam and other areas where the species is 
established outside of its historic range.

              Subtitle D--Authorizations of Appropriations

SEC. 1301. AUTHORIZATIONS.

                            [16 U.S.C. 4741]

  (a) Prevention of Unintentional Introductions.--There are 
authorized to be appropriated to develop and implement the 
provisions of subtitle B--
          (1) $500,000 until the end of fiscal year 1992 to the 
        Secretary to carry out sections 1101 and 1102(a)(3);
          (2) $2,000,000 until the end of fiscal year 1992 to 
        the Director and Under Secretary to carry out the 
        studies under sections 1102(a)(1) and 1102(a)(2);
          (3) to the Secretary to carry out section 1101--
                  (A) $2,000,000 for each of fiscal years 1997 
                and 1998; and
                  (B) $3,000,000 for each of fiscal years 1999 
                through 2002;
          (4) for each of fiscal years 1997 through 2002, to 
        carry out paragraphs (1) and (2) of section 1102(b)--
                  (A) $1,000,000 to the Department of the 
                Interior, to be used by the Director; and
                  (B) $1,000,000 to the Secretary; [and]
          (5) for each of fiscal years 1997 through 2002--
                  (A) $3,000,000, which shall be made available 
                from funds otherwise authorized to be 
                appropriated if such funds are so authorized, 
                to the Under Secretary to carry out section 
                1102(e); and
                  (B) $500,000 to the Secretary to carry out 
                section [1102(f).] 1102(f); and
          (6) $20,000,000 for each of fiscal years 2006 through 
        2010 to the Secretary to carry out section 1101.
  (b) Task Force and [Aquatic Nuisance] Aquatic Invasive 
Species Program.--There are authorized to be appropriated for 
each of fiscal years 1997 through 2002 to develop and implement 
the provisions of subtitle C--
          (1) $6,000,000 to the Department of the Interior, to 
        be used by the Director to carry out sections 1202 and 
        1209;
          (2) $1,000,000 to the Department of Commerce, to be 
        used by the Under Secretary to carry out section 1202;
          (3) $1,625,000, which shall be made available from 
        funds otherwise authorized to be appropriated if such 
        funds are so authorized, to fund [aquatic nuisance] 
        aquatic invasive species prevention and control 
        research under section 1202(i) at the Great Lakes 
        Environmental Research Laboratory of the National 
        Oceanic and Atmospheric Administration, of which 
        $500,000 shall be made available for grants, to be 
        competitively awarded and subject to peer review, for 
        research relating to Lake Champlain;
          (4) $5,000,000 for competitive grants for university 
        research on [aquatic nuisance] aquatic invasive species 
        under section 1202(f)(3) as follows:
                  (A) $2,800,000, which shall be made available 
                from funds otherwise authorized to be 
                appropriated if such funds are so authorized, 
                to fund grants under section 205 of the 
                National Sea Grant College Program Act (33 
                U.S.C. 1124);
                  (B) $1,200,000 to fund grants to colleges for 
                the benefit of agriculture and the mechanic 
                arts referred to in the first section of the 
                Act of August 30, 1890 (26 Stat. 417, chapter 
                841; 7 U.S.C. 322); and
                  (C) $1,000,000 to fund grants through the 
                Cooperative Fisheries and Wildlife Research 
                Unit Program of the United States Fish and 
                Wildlife Service;
          (5) $3,000,000 to the Department of the Army, to be 
        used by the Assistant Secretary to carry out section 
        1202(i)(1)(B); and
          (6) $300,000 to the Department of the Interior, to be 
        used by the Director to fund regional panels and 
        similar entities under section 1203, of which $100,000 
        shall be used to fund activities of the Great Lakes 
        Commission.
  (c) Grants for State Management Programs.--There are 
authorized to be appropriated for each of fiscal years 1997 
through 2002 $4,000,000 to the Department of the Interior, to 
be used by the Director for making grants under section 1204, 
of which $1,500,000 shall be used by the Director, in 
consultation with the Assistant Secretary, for management of 
[aquatic nuisance] aquatic invasive vegetation species.
  (d) Intentional Introductions Policy Review.--There are 
authorized to be appropriated for fiscal year 1991, $500,000 to 
the Director and the Under Secretary to conduct the intentional 
introduction policy review under section 1207.
  (e) Ballast Water Management Demonstration Program.--There 
are authorized to be appropriated $2,500,000 to carry out 
section 1104.
  (f) Research.--There are authorized to be appropriated to the 
Director $1,000,000 to carry out research on the prevention, 
monitoring, and control of [aquatic nuisance] aquatic invasive 
species in Narragansett Bay, Rhode Island. The funds shall be 
made available for use by the Department of Environmental 
Management of the State of Rhode Island.

            Subtitle D--Cooperative Environmental Analyses.

SEC. 1401. ENVIRONMENTAL IMPACT ANALYSES.

                            [16 U.S.C. 4751]

  The Secretary of State, in consultation with the Council on 
Environmental Quality, is encouraged to enter into negotiations 
with the governments of Canada and Mexico to provide for 
reciprocal cooperative environmental impact analysis of major 
Federal actions which have significant transboundary effects on 
the quality of the human environment in the United States, 
Canada, and Mexico.