110 STAT. 4078 PUBLIC LAW 104-332—OCT. 26, 1996 "(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; Records. "(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. —
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