Text: H.R.2423 — 110th Congress (2007-2008)All Information (Except Text)

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Introduced in House (05/22/2007)


110th CONGRESS
1st Session
H. R. 2423


To provide for the management and treatment of ballast water to prevent the introduction of nonindigenous aquatic species into coastal and inland waters of the United States, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

May 22, 2007

Mr. LaTourette (for himself, Mr. Baker, Mr. Gilchrest, Mr. Ehlers, and Mrs. Miller of Michigan) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure


A BILL

To provide for the management and treatment of ballast water to prevent the introduction of nonindigenous aquatic species into coastal and inland waters of the United States, and for other purposes.

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

SECTION 1. Short title.

This Act may be cited as the “Ballast Water Management Act of 2007”.

SEC. 2. References.

Wherever in this Act an amendment or repeal is expressed in terms of an amendment to or a repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.).

SEC. 3. Definitions.

Section 1003 (16 U.S.C. 4702) is amended—

(1) in paragraph (7) by striking “Canandian” and inserting “Canadian”;

(2) by striking “and” at the end of paragraph (16);

(3) by striking the period at the end of paragraph (17) and inserting a semicolon; and

(4) by adding at the end the following:

“(18) ‘alternative ballast water management method’ means a mechanical, physical, chemical, biological, or other process, technology, procedure, or method of killing, removing, or rendering nonviable organisms in ballast water and associated sediments;

“(19) ‘ship pathway’ means a potential mode by which aquatic nuisance species may be transported from one ecosystem to another by a vessel, including carriage in ballast water, carriage in sea chests, or hull fouling;

“(20) ‘ballast water capacity’ means the total volumetric capacity of all tanks, spaces, and compartments on a vessel that are used for carrying, loading, or discharging ballast water, including any multi-use tank, space, or compartment designed to allow carriage of ballast water;

“(21) ‘constructed’ means—

“(A) a stage of construction of a vessel at which—

“(i) the keel is laid;

“(ii) construction identifiable with the specific vessel begins; or

“(iii) assembly of the vessel has been completed comprising at least 50 metric tons or 1 percent of the estimated mass of all structural material, whichever is less; or

“(B) the initiation of a major conversion of the vessel;

“(22) ‘major conversion’ means a conversion of a vessel that—

“(A) changes its ballast water carrying capacity by 15 percent or greater;

“(B) changes the vessel type;

“(C) in the determination of the Secretary, is projected to prolong the life of the vessel by 10 years or more; or

“(D) results in modifications to its ballast water system other than component replacement-in-kind; and

“(23) ‘sediment’ means matter that has settled out of ballast water within a vessel.”.

SEC. 4. Aquatic nuisance species in waters of the United States.

(a) Ballast water management.—Section 1101 (16 U.S.C. 4711) is amended by striking subsections (a) through (g) and inserting the following:

“(a) National regulations.—

“(1) IN GENERAL.—The Secretary shall issue regulations 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.—The regulations 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 equipped with ballast water tanks, including a vessel that is not carrying ballast water on board, that operates in 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 vessel operations other than ballast water discharge;

“(F) in order to enable the Secretary to determine compliance with the regulations, provide for the keeping of records that shall be submitted to the Secretary as prescribed by the regulations, 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 subsections (c) and (d), including—

“(i) with respect to each ballast water exchange referred to in subparagraph (D)(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 regulations;

“(G) provide for sampling procedures to monitor compliance with the regulations;

“(H) take into consideration—

“(i) vessel types;

“(ii) variations in the characteristics of points 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 require a vessel to deviate from its intended voyage or cause undue delay to the operation of a vessel to which the regulations apply;

“(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;

“(L) not apply to crude oil tankers engaged in the coastwise trade; and

“(M) not apply to a vessel that carries all of its ballast water in permanently sealed tanks in such a manner that the ballast water is not subject to discharge.

“(3) EDUCATION AND TECHNICAL ASSISTANCE PROGRAMS.—The Secretary shall carry out education and technical assistance programs and other measures to encourage compliance with the regulations issued under this subsection.

“(b) Ballast water management.—

“(1) NATIONAL BALLAST WATER DISCHARGE STANDARDS.—The Secretary shall issue regulations to establish national ballast water discharge standards that limit the number of living organisms contained in ballast water discharged from vessels into waters of the United States.

“(2) REQUIREMENTS UNDER STANDARDS.—The standards established under paragraph (1) shall require that ballast water discharged from covered vessels—

“(A) contain fewer than 0.1 living organisms greater than or equal to 50 microns in minimum dimension per cubic meter of discharged ballast water;

“(B) contain fewer than 0.1 living organisms that are less than 50 microns in minimum dimension and more than 10 microns in minimum dimension per milliliter of discharged ballast water;

“(C) contain concentrations of—

“(i) fewer than 1 colony-forming unit of toxicogenic Vibrio cholera (serotypes O1 and O139) per 100 milliliters of discharged ballast water or fewer than 1 colony-forming unit of that microbe per gram of wet weight of zoological samples;

“(ii) fewer than 126 colony-forming units of Escherichia coli per 100 milliliters of discharged ballast water; and

“(iii) fewer than 33 colony-forming units of intestinal enterococci per 100 milliliters of discharged ballast water; and

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

“(3) APPLICABILITY OF STANDARDS.—The regulations issued under this subsection shall—

“(A) apply to all vessels equipped with ballast water tanks that enter the waters of the United States after operating beyond the exclusive economic zone; and

“(B) require that a vessel to which ballast water discharge standards established under this subsection apply comply with such standards, in lieu of requirements under subsection (a)—

“(i) in the case of a vessel constructed on or after January 1, 2009, with a ballast water capacity less than 5,000 cubic meters, upon completion of such construction;

“(ii) in the case of a vessel constructed on or after January 1, 2012, with a ballast water capacity equal to or greater than 5,000 cubic meters, by not later than upon completion of such construction;

“(iii) in the case of a vessel constructed before January 1, 2009, with a ballast water capacity of 1,500 cubic meters of more but not more than 5,000 cubic meters, by not later than the earlier of—

“(I) January 1, 2014; or

“(II) the end of the first drydocking of the vessel after January 1, 2009;

“(iv) in the case of a vessel constructed before January 1, 2009, with a ballast water capacity less than 1,500 cubic meters or equal to or greater than 5,000, cubic meters by not later than the earlier of—

“(I) January 1, 2016; or

“(II) the end of the first drydocking of the vessel after January 1, 2012; or

“(v) in the case of a vessel constructed on or after January 1, 2009, and before January 1, 2012, with a ballast water capacity greater than 5,000 cubic meters, by not later than January 1, 2016.

“(4) LIMITATION.—Paragraph (3)(A) does not include a vessel that enters the waters of the United States while engaged in the coastwise trade.

“(5) RECEPTION FACILITY EXCEPTION.—

“(A) IN GENERAL.—Regulations issued under paragraph (1) shall not apply to ballast water that is discharged from a vessel into a water-based or land-based facility for the reception and disposal or treatment of ballast water that meets standards prescribed by the Secretary.

“(B) PROMULGATION OF STANDARDS.—Within 1 year after the date of the enactment of the Ballast Water Management Act of 2007, the Secretary shall promulgate standards for—

“(i) the reception of ballast water at 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.

“(6) REVIEW OF ALTERNATIVE BALLAST WATER MANAGEMENT METHODS.—

“(A) REQUIREMENT TO REVIEW.—The Secretary shall periodically review the effectiveness, cost, safety, and availability of—

“(i) alternative ballast water management methods evaluated or demonstrated under the programs established under section 1104; and

“(ii) other alternative ballast water management methods submitted to the Secretary that have been demonstrated onboard vessels and for which there has been a scientific peer review, as determined by the Secretary, of the results of the demonstration.

“(B) DEADLINES.—The Secretary shall—

“(i) complete an initial review of alternative ballast water management methods under subparagraph (A) within 24 months after the date of the enactment of the Ballast Water Management Act of 2007; and

“(ii) carry out subsequent reviews of alternative ballast water management methods under subparagraph (A) no later than 24 months after the date that the previous review was completed.

“(7) DETERMINATION OF AVAILABLE BALLAST WATER MANAGEMENT METHODS.—

“(A) IN GENERAL.—Upon completion of each review under paragraph (6), the Secretary shall determine whether one or more alternative ballast water management methods are available to achieve the national ballast water discharge standards established under this subsection consistent with the implementation schedule set forth in paragraph (3)(B). In making such determination, the Secretary shall consider whether the methods are—

“(i) cost-effective;

“(ii) environmentally sound;

“(iii) operationally practical;

“(iv) able to be retrofitted on existing vessels or incorporated on new vessels (or both);

“(v) safe for the vessel and crew;

“(vi) accessible to monitoring; and

“(vii) economically achievable.

“(B) DISTINCTION AMONG VESSELS.—In making a determination under this paragraph, the Secretary may distinguish among age or ballast water capacity of vessels to which the determination applies.

“(C) DELAY IN SCHEDULED APPLICATION.—If the Secretary determines under subparagraph (A) that compliance with the standards set forth under this subsection in accordance with the implementation schedule set forth in paragraph (3)(B) is not feasible for any class of vessels, the Secretary shall—

“(i) delay the date on which such standards apply to that class of vessels for a period of not more than 24 months; and

“(ii) recommend action to ensure such compliance in accordance with the revised implementation schedule for that class of vessels by the date established under clause (ii).

“(D) ACCELERATION OF SCHEDULED APPLICATION.—If the Secretary determines, following a review under paragraph (6), that alternative ballast water management methods are available for a class of vessels to achieve the national ballast water discharge standards established under this subsection before the dates established in the implementation schedule set forth in paragraph (3)(B), the Secretary may, for such class of vessels, accelerate the implementation of ballast water management regulations under this subsection. If the Secretary accelerates the implementation schedule under this subparagraph, the Secretary shall provide notice in the Federal Register not less than 24 months before the date on which such accelerated implementation schedule goes into effect.

“(8) REVIEW OF STANDARDS.—The Secretary shall from time to time review and may, if appropriate, revise standards established under this subsection following notice and the opportunity for submission of comments.

“(9) EXISTING EQUIPMENT.—Any covered vessel that has installed an alternative ballast water management method onboard that meets standards established under this section, as in effect at the time of such installation, shall not be subject to any different ballast water management standard under this subsection until the earlier of—

“(A) the end of the useful life of the vessel; or

“(B) the end of the useful life of the installed alternative ballast water management method equipment.

“(10) CONTENT OF REGULATIONS.—Regulations promulgated under this section shall—

“(A) require covered vessels to carry out management practices that the Secretary determines to be necessary to reduce the probability of unintentional nonindigenous species transfer resulting from vessel operations other than ballast water discharge;

“(B) provide for appropriate means, as determined by the Secretary, for determining compliance with any standard established under this subsection;

“(C) in order to enable the Secretary to determine compliance with the regulations, provide for the keeping of records that shall be submitted to the Secretary, as prescribed by the regulations, 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 subsections (c) and (d) of this section, including any information that the Secretary considers necessary to assess the rate of effective compliance with the regulations;

“(D) provide for sampling procedures to monitor compliance with the regulations;

“(E) take into consideration—

“(i) vessel age; and

“(ii) vessel ballast water capacity; and

“(F) be based on the best scientific information, as determined by the Secretary.

“(11) DEFINITION.—For purposes of this subsection, the term ‘covered vessel’ means any vessel to which standards established under this subsection apply under paragraph (3).

“(c) Vessel ballast water management plan.—

“(1) IN GENERAL.—The operator of a vessel that is equipped with ballast water tanks and that enters the waters of the United States after operating beyond the exclusive economic zone 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 nuisance 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 110(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.—A copy of the vessel ballast water management plan shall—

“(A) be maintained on board at all times; and

“(B) be made readily available for inspection, upon request by the Secretary.

“(d) Vessel ballast water record book.—

“(1) IN GENERAL.—The operator of a vessel that is equipped with ballast water tanks and that enters the waters of the United States after operating beyond the exclusive economic zone 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 (k) is described.

“(2) AVAILABILITY.—The ballast water record book—

“(A) shall be made readily available for inspection, upon request by the Secretary; and

“(B) notwithstanding paragraph (1), may be kept on the towing vessel in the case of an unmanned vessel under tow.

“(3) RETENTION PERIOD.—The ballast water record book shall be retained—

“(A) on board the vessel for a period of 2 years after the date on which the last entry in the book is made; and

“(B) under the control of the vessel’s owner for an additional period of 3 years.

“(4) REGULATIONS.—The Secretary shall issue regulations to carry out this subsection that 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) Sediment management.—

“(1) IN GENERAL.—The operator of a vessel that is equipped with ballast water tanks and that enters the waters of the United States after operating beyond the exclusive economic zone 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 that is equipped with ballast water tanks 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 in such tanks;

“(ii) facilitates removal of sediment from such tanks; and

“(iii) provides for safe access for sediment removal and sampling.

“(B) EXISTING VESSELS.—Every vessel that is equipped with ballast water tanks and that enters the waters of the United States after operating beyond the exclusive economic zone that was constructed before January 1, 2009, shall be modified before January 1, 2009, to the extent determined by the Secretary to be practicable and in accordance with regulations under subparagraph (C), 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 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 Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall promulgate regulations governing facilities for the reception of vessel sediment from ballast water tanks, 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.

“(B) DESIGNATION.—The Secretary, in consultation with the Administrator of the Environmental Protection Agency, 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 water tanks are cleaned or repaired.

“(f) Sanctions.—

“(1) CIVIL PENALTIES.—Any person who violates a regulation promulgated under this section shall be liable for a civil penalty in an amount not to exceed $25,000. Each day of a continuing violation constitutes a separate violation. A vessel operated in violation of the regulations is liable in rem for any civil penalty assessed under this subsection for that violation.

“(2) CRIMINAL PENALTIES.—Any person who knowingly violates the regulations promulgated under this section is guilty of a class C felony.

“(3) REFUSAL OR REVOCATION OF CLEARANCE.—Except as provided in subsection (g), upon request of the Secretary, the Secretary of the Treasury shall withhold or revoke the clearance of a vessel required by section 60105 of title 46, United States Code, if the owner or operator of that vessel is in violation of the regulations issued under this section.

“(4) EXCEPTION TO SANCTIONS.—This subsection does not apply to a failure to exchange ballast water if—

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

“(B) the recordkeeping and reporting requirements of this chapter are complied with.

“(g) Detention of vessels.—

“(1) IN GENERAL.—If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty under this subsection, or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty under this subsection, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 60105 of title 46, United States Code.

“(2) CLEARANCE UPON FILING OF BOND OR OTHER SURETY.—The Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.”.

(b) Conforming Amendments.—

(1) Section 1101(i) (16 U.S.C. 4711(i)) is amended by striking “guidelines issued and”.

(2) Section 1101(k) (16 U.S.C. 4711(k)) is amended—

(A) in paragraph (1)—

(i) by striking “(1) Master discretion.—”; and

(ii) by inserting “required under this section” after “ballast water exchange”; and

(B) by striking paragraphs (2) and (3).

SEC. 5. National Ballast Water Management information.

Section 1102 (16 U.S.C. 4712) is amended—

(1) by adding at the end the following:

“(g) Alternative ship pathway survey.—

“(1) IN GENERAL.—The Secretary, in consultation with the Under Secretary, shall examine potential ship pathways, other than the release of ballast water, by which aquatic nuisance species may be introduced into the waters of the United States.

“(2) REPORT.—Not later than 18 months after the date of enactment of the Ballast Water Management Act of 2007, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the survey under this subsection.

“(h) Ballast water surveys.—

“(1) IN GENERAL.—The Secretary, in consultation with the Under Secretary, shall conduct the following ballast water surveys:

“(A) A survey of the number of living organisms in untreated ballast water of a representative number of vessels, as determined by the Secretary.

“(B) A survey of the number of living organisms in the ballast water of a representative number of vessels, as determined by the Secretary, that has been exchanged on the high seas.

“(C) Surveys of the number of living organisms in the ballast water of vessels that have installed alternative ballast water management methods under the evaluation program established under section 1104.

“(2) REPORTS.—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—

“(A) a report on the results of the surveys under subparagraphs (A) and (B) of paragraph (1) by not later than 18 months after the date of the enactment of the Ballast Water Management Act of 2007; and

“(B) a report on the results of the surveys required under subparagraph (C) of paragraph (1) upon completion of each demonstration concerned.”;

(2) in subsection (b)(1)(B)(ii) by striking “guidelines issued and”;

(3) in subsection (b)(2)(B)(ii) by striking “voluntary guidelines issued, and”;

(4) in subsection (c)(1) by striking “section 1101(b)” and inserting “section 1101(a)”; and

(5) in subsection (f)(1)(B) by striking “guidelines issued pursuant to section 1101(c)” and inserting “regulations issued pursuant to section 1101”.

SEC. 6. Ballast water management evaluation and demonstration program.

Section 1104 (16 U.S.C. 4714) is amended—

(1) by striking the section heading and inserting the following:

“SEC. 1104. Alternative Ballast Water Management Method Evaluation and Demonstration Programs”;

(2) by striking subsection (a);

(3) by redesignating subsection (b) as subsection (a);

(4) by redesignating subsection (c) as subsection (d);

(5) in subsection (a), as so redesignated—

(A) by striking so much as precedes paragraph (2) and inserting the following:

“(a) Shipboard Technology Evaluation Program.—

“(1) IN GENERAL.—The Secretary shall establish a Shipboard Technology Evaluation Program to evaluate alternative ballast water management methods aboard vessels to prevent aquatic nuisance species from being introduced into and spread through discharges of ballast water in waters of the United States.”; and

(B) in paragraph (2) by striking “of the technologies and practices used in the demonstration program” and inserting “of alternative ballast water management methods used in the program”;

(6) in subsection (a)(3), as so redesignated, by striking “technologies and practices” and all that follows through “shall—” and inserting “alternative ballast water management methods on vessels under this subsection, the Secretary shall—”;

(7) in subsection (a)(3)(A), as so redesignated, by striking clause (i) and redesignating clauses (ii) and (iii) in order as clauses (i) and (ii);

(8) by amending subsection (a)(3)(A)(i), as so redesignated, to read as follows:

    “(i) have ballast water systems conducive to testing aboard the vessel; and”;

(9) by amending subsection (a)(3)(C), as so redesignated, to read as follows:

    “(C) seek to use a variety of vessel types.”;

(10) by amending subsection (a)(4), as so redesignated, to read as follows:

“(4) SELECTION OF ALTERNATIVE BALLAST WATER MANAGEMENT METHODS.—In order for an alternative ballast water management method to be eligible to be installed on vessels for evaluation under this section, such method must be, at a minimum—

“(A) determined by the Secretary to have the demonstrated potential to reduce the number of organisms greater than or equal to 50 microns in minimum dimension in discharged ballast water to fewer than 10 living organisms per cubic meter of water;

“(B) cost-effective;

“(C) environmentally sound;

“(D) operationally practical;

“(E) able to be retrofitted on existing vessels or incorporated in new vessel design (or both);

“(F) safe for a vessel and crew; and

“(G) accessible to monitoring.”;

(11) in subsection (a), as so redesignated, by adding at the end the following:

“(6) EXEMPTION FROM REGULATIONS.—Any vessel that participates in the program under this subsection shall be exempt from ballast water exchange requirements or applicable ballast water discharge standards under section 1101 during—

“(A) the period during which the vessel actively participates in and successfully meets the requirements of the program, as determined by the Secretary; and

“(B) the period of the useful life of the vessel or the useful life of the installed alternative ballast water management method, whichever is shorter,

if the installed alternative ballast water management method continues to operate satisfactorily, as determined by the Secretary, and the technology and procedures comprising the method have no significant adverse effect on the environment or risk to the vessel or human health.

“(7) AUTHORITY OF SECRETARY TO REVIEW AND REVISE CRITERIA.—The Secretary may review and revise the criteria described in paragraph (4)(A) to require alternative ballast water management methods to meet a more stringent ballast water discharge standard, including standards promulgated under section 1101(b)(2), before being eligible for installation aboard vessels under the program.”;

(12) by inserting after subsection (a), as so redesignated, the following:

“(b) Shipboard Technology Demonstration Program.—

“(1) IN GENERAL.—The Under Secretary, with the concurrence of and in cooperation with the Secretary, shall conduct a program to demonstrate alternative ballast water management methods evaluated aboard vessels under subsection (a) to prevent aquatic nuisance species from being introduced into and spread through ballast water in waters of the United States.

“(2) LOCATION.—The installation and construction of alternative ballast water management methods used in the demonstration program under this subsection shall be performed in the United States.

“(3) VESSEL ELIGIBILITY.—Vessels eligible to participate in the demonstration program under this subsection shall consist only of vessels that have been accepted into and are actively participating in the Shipboard Technology Evaluation Program under subsection (a).

“(4) GRANTS.—

“(A) IN GENERAL.—The Under Secretary shall establish a grant program to provide funding for acquiring, installing, and operating alternative ballast water management methods aboard vessels participating in the program under this subsection.

“(B) MATCHING REQUIREMENTS.—The amount of Federal funds used for any demonstration project under this subsection—

“(i) shall not exceed $1,000,000; and

“(ii) shall not exceed 50 percent of the total cost of such project.

“(c) Alternative ship pathway program.—

“(1) IN GENERAL.—The Under Secretary, with the concurrence of and in cooperation with the Secretary, shall conduct a program to demonstrate and verify technologies and practices to monitor and control the introduction of aquatic invasive species by ship pathways other than the release of ballast water.

“(2) SELECTION OF METHODS.—The Under Secretary may not select technologies and practices for demonstration or verification under paragraph (1) unless such technologies and practices, in the determination of the Under Secretary, in consultation with the Secretary, meet the criteria outlined in subparagraphs (B) through (G) of subsection (a)(4).

“(3) LOCATION.—The installation and construction of technologies and practices for demonstration and verification under this subsection shall be performed in the United States.”; and

(13) in subsection (d), as so redesignated, by striking “Secretary of the Interior” each place it appears and inserting “Secretary, in consultation with the Under Secretary,”.

SEC. 7. Program to support the setting and implementation of standards.

Subtitle B of title I (16 U.S.C. 4711) is amended by adding at the end the following:

“SEC. 1105. Program to support the setting and implementation of standards.

“(a) In general.—The Secretary, in coordination with the Under Secretary, the Task Force, and other appropriate Federal agencies, shall carry out a coordinated program to support the promulgation and implementation of standards under section 1101 to prevent the introduction and spread of aquatic invasive species by vessels.

“(b) Program components.—The program under this section shall, at a minimum—

“(1) characterize physical, chemical, and biological conditions at ballast water discharge locations in waters of the United States, to inform the design and implementation of vessel vector control technologies and practices;

“(2) develop testing protocols for determining the effectiveness of vessel vector monitoring and control technologies and practices;

“(3) demonstrate methods for mitigating the spread of invasive species by coastal voyages, including exploring the effectiveness of alternative exchange zones in the near coastal areas and other methods proposed to reduce transfers of organisms;

“(4) verify the practical effectiveness of any process for approving a type of alternative ballast water management method as meeting standards established under section 1101, to ensure that the process produces repeatable and accurate assessments of treatment effectiveness; and

“(5) evaluate the effectiveness and residual risk and environmental impacts associated with any standard established with respect to ship pathways.”.

SEC. 8. Authorization of appropriations.

Subsection 1301(a) (16 U.S.C. 4741(a)) is amended—

(1) in the matter preceding paragraph (1) by striking “develop and”; and

(2) by striking paragraphs (1) through (5) and inserting the following:

“(1) $4,660,000 to the Secretary for each of the fiscal years 2008 through 2013 to carry out section 1101;

“(2) $500,000 to the Secretary for each of fiscal years 2008 through 2013 to carry out section 1102(f);

“(3) $6,000,000 to the Under Secretary for each of fiscal years 2008 through 2013 to carry out paragraph (4) of section 1104(b);

“(4) $1,500,000 to the Under Secretary for each of fiscal years 2008 through 2013 to carry out section 1104(c); and

“(5) for each of fiscal years 2008 through 2013 to carry out section 1105—

“(A) $1,500,000 to the Secretary; and

“(B) $1,500,000 to the Under Secretary.”.