II 

Calendar No. 291 

109TH CONGRESS 

1ST SESSION S. 363 

[Report No. 109–181] 

To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act 

of 1990 to establish vessel ballast water management requirements, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2005 

Mr. INOUYE (for himself, Mr. STEVENS, Mr. AKAKA, Mr. LAUTENBERG, Mr. 

SARBANES, and Ms. CANTWELL) introduced the following bill; which was 

read twice and referred to the Committee on Commerce, Science, and 

Transportation 

NOVEMBER 16, 2005 

Reported by Mr. STEVENS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Nonindigenous Aquatic Nuisance Prevention 

and Control Act of 1990 to establish vessel ballast water 

management requirements, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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•S 363 RS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Ballast Water Manage3 ment Act of 2005’’. 

4 SEC. 2. FINDINGS. 

5 The Congress finds the following: 

6 (1) The introduction of aquatic invasive species 

7 into the Nation’s waters is one of the most urgent 

8 issues facing the marine environment in the United 

9 States. 

10 (2) The direct and indirect costs of aquatic 

11 invasive species to the economy of the United States 

12 amount to billions of dollars per year. 

13 (3) Invasive species are thought to have been 

14 involved in 70 percent of the last century’s 

15 extinctions of native aquatic species. 

16 (4) Invasive aquatic species are a significant 

17 problem in all regions of the United States, includ18 ing Hawaii, Alaska, San Francisco Bay, the Great 

19 Lakes, the Southeast, and the Chesapeake Bay. 

20 (5) Ballast water from ships is one of the larg21 est pathways for the introduction and spread of 

22 aquatic invasive species. 

23 (6) It has been estimated that some 10,000 

24 non-indigenous aquatic organisms travel around the 

25 globe each day in the ballast water of cargo ships. 
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1 (7) Over 2 billion gallons of ballast water are 

2 discharged in United States waters each year. Bal3 last water may be the source of the largest volume 

4 of foreign organisms released on a daily basis into 

5 American ecosystems. 

6 (8) Ballast water has been found to transport 

7 not only invasive plants and animals but human dis8 eases as well, such as cholera. 

9 (9) Invasive species may also be introduced by 

10 other vessel conduits, including the hulls of ships. 

11 (10) Invasive aquatic species may originate in 

12 other countries, or from distinct regions in the 

13 United States. 

14 (11) An average of 72 percent of all fish species 

15 introduced in the Southeast have become estab16 lished, many of which are native to the United 

17 States but transplanted outside their native ranges. 

18 (12) The introduction of non-indigenous species 

19 has been closely correlated with the disappearance of 

20 indigenous species in Hawaii and other islands. 

21 (13) Despite the efforts of more than 20 State, 

22 Federal, and private agencies, unwanted alien pests 

23 are entering Hawaii at an alarming rate—about 2 

24 million times more rapid than the natural rate. 
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1 (14) Current Federal programs are insufficient 

2 to effectively address this growing problem. 

3 (15) Preventing aquatic invasive species from 

4 being introduced is the most cost-effective approach 

5 for addressing this issue, because once established, 

6 they are costly and sometimes impossible to control. 

7 SEC. 3. BALLAST WATER MANAGEMENT. 

8 (a) IN GENERAL.—Section 1101 of the Nonindige9 nous Aquatic Nuisance Prevention and Control Act of 

10 1990 (16 U.S.C. 4711) is amended to read as follows: 

11 ‘‘SEC. 1101. BALLAST WATER MANAGEMENT. 

12 ‘‘(a) VESSELS TO WHICH SECTION APPLIES.— 

13 ‘‘(1) IN GENERAL.—This section applies to a 

14 vessel that is designed or constructed to carry bal15 last water; and 

16 ‘‘(A) is a vessel of the United States (as 

17 defined in section 2101(46) of title 46, United 

18 States Code); or 

19 ‘‘(B) is a foreign vessel that— 

20 ‘‘(i) is en route to a United States 

21 port; or 

22 ‘‘(ii) has departed from a United 

23 States port and is within the exclusive eco24 nomic zone. 
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1 ‘‘(2) EXCEPTIONS.—Notwithstanding para2 graph (1), this section does not apply to— 

3 ‘‘(A) permanent ballast water in a sealed 

4 tank on a vessel that is not subject to dis5 charge; 

6 ‘‘(B) a vessel of the Armed Forces; or 

7 ‘‘(C) a vessel, or category of vessels, ex8 empted by the Secretary under paragraph (4). 

9 ‘‘(3) STANDARDS FOR VESSELS OF THE ARMED

10 FORCES.—With respect to a vessel of the Armed 

11 Forces that is designed or constructed to carry bal12 last water, the Secretary of Defense, after consulta13 tion with the Administrator of the Environmental 

14 Protection Agency and the Secretary, shall promul15 gate ballast water and sediment management stand16 ards for such vessels that, so far as is reasonable 

17 and practicable, achieve environmental results that 

18 are comparable to those achieved by the require19 ments of this section in waters subject to the juris20 diction of the United States. In promulgating those 

21 standards, the Secretary of Defense may take into 

22 account the standards promulgated for such vessels 

23 under section 312 of the Clean Water Act (33 

24 U.S.C. 1322) to the extent that compliance with 
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1 those standards would meet the requirements of this 

2 Act. 

3 ‘‘(4) VESSEL EXEMPTIONS BY SECRETARY.— 

4 The Secretary may exempt a vessel, or category of 

5 vessels, from the application of this section if the 

6 Secretary determines, after consultation with the 

7 Administrator of the Environmental Protection 

8 Agency and the Administrator of the National Oce9 anic and Atmospheric Administration, that ballast 

10 water discharge from the vessel or category of ves11 sels will not have an adverse impact (as defined in 

12 section 1003(1) of this Act), based on factors includ13 ing the origin and destination of the voyages under14 taken by such vessel or category of vessels. 

15 ‘‘(5) COAST GUARD ASSESSMENT AND RE16 PORT.—Within 180 days after the date of enactment 

17 of the Ballast Water Management Act of 2005, the 

18 Commandant of the Coast Guard shall transmit a 

19 report to the Senate Committee on Commerce, 

20 Science, and Transportation and the House of Rep21 resentatives Committee on Transportation and In22 frastructure containing— 

23 ‘‘(A) an assessment of the magnitude of 

24 ballast water operations from vessels designed 

25 or constructed to carry ballast water that are 
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1 not described in paragraph (1) that are 

2 transiting waters subject to the jurisdiction of 

3 the United States; and 

4 ‘‘(B) recommendations, including legisla5 tive recommendations if appropriate, of options 

6 for addressing such ballast water operations. 

7 ‘‘(b) UPTAKE AND DISCHARGE OF BALLAST WATER

8 AND SEDIMENT.— 

9 ‘‘(1) PROHIBITION.—The operator of a vessel to 

10 which this section applies may not conduct the up11 take or discharge of ballast water and sediment ex12 cept as provided in this section. 

13 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not 

14 apply to the uptake or discharge of ballast water 

15 and sediment in the following circumstances: 

16 ‘‘(A) The uptake or discharge is solely for 

17 the purpose of— 

18 ‘‘(i) ensuring the safety of vessel in an 

19 emergency situation; or 

20 ‘‘(ii) saving a life at sea. 

21 ‘‘(B) The uptake or discharge is accidental 

22 and the result of damage to the vessel or its 

23 equipment and— 

24 ‘‘(i) all reasonable precautions to pre25 vent or minimize ballast water and sedi-
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•S 363 RS 

1 ment discharge have been taken before and 

2 after the damage occurs, the discovery of 

3 the damage, and the discharge; and 

4 ‘‘(ii) the owner or officer in charge of 

5 the vessel did not willfully or recklessly 

6 cause the damage. 

7 ‘‘(C) The uptake or discharge is solely for 

8 the purpose of avoiding or minimizing the dis9 charge of pollution from the vessel. 

10 ‘‘(D) The uptake and subsequent discharge 

11 on the high seas of the same ballast water and 

12 sediment. 

13 ‘‘(E) The uptake or discharge of ballast 

14 water and sediment occurs at the same location 

15 where the whole of the ballast water and sedi16 ment that is discharged was taken up and there 

17 is no mixing with unmanaged ballast water and 

18 sediment from another area. 

19 ‘‘(3) SPECIAL RULE FOR THE GREAT LAKES.— 

20 Paragraph (2) does not apply to a vessel subject to 

21 the regulations under subsection (e)(2) until the ves22 sel is required to conduct ballast water treatment in 

23 accordance with subsection (f) of this section. 

24 ‘‘(c) VESSEL BALLAST WATER MANAGEMENT

25 PLAN.— 
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•S 363 RS 

1 ‘‘(1) IN GENERAL.—A vessel to which this sec2 tion applies shall conduct all its ballast water man3 agement operations in accordance with a ballast 

4 water management plan that— 

5 ‘‘(A) meets the requirements prescribed by 

6 the Secretary by regulation; and 

7 ‘‘(B) is approved by the Secretary. 

8 ‘‘(2) APPROVAL CRITERIA.—The Secretary may 

9 not approve a ballast water management plan unless 

10 the Secretary determines that the plan— 

11 ‘‘(A) describes in detail safety procedures 

12 for the vessel and crew associated with ballast 

13 water management; 

14 ‘‘(B) describes in detail the actions to be 

15 taken to implement the ballast water manage16 ment requirements established under this sec17 tion; 

18 ‘‘(C) describes in detail procedures for dis19 posal of sediment at sea and on shore; 

20 ‘‘(D) designates the officer on board the 

21 vessel in charge of ensuring that the plan is 

22 properly implemented; 

23 ‘‘(E) contains the reporting requirements 

24 for vessels established under this section; and 
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1 ‘‘(F) meets all other requirements pre2 scribed by the Secretary. 

3 ‘‘(3) COPY OF PLAN ON BOARD VESSEL.—The 

4 owner or operator of a vessel to which this section 

5 applies shall maintain a copy of the vessel’s ballast 

6 water management plan on board at all times. 

7 ‘‘(d) VESSEL BALLAST WATER RECORD BOOK.— 

8 ‘‘(1) IN GENERAL.—The owner or operator of a 

9 vessel to which this section applies shall maintain a 

10 ballast water record book on board the vessel in 

11 which— 

12 ‘‘(A) each operation involving ballast water 

13 is fully recorded without delay, in accordance 

14 with regulations promulgated by the Secretary; 

15 and 

16 ‘‘(B) each such operation is described in 

17 detail, including the location and circumstances 

18 of, and the reason for, the operation. 

19 ‘‘(2) AVAILABILITY.—The ballast water record 

20 book— 

21 ‘‘(A) shall be kept readily available for ex22 amination by the Secretary at all reasonable 

23 times; and 
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1 ‘‘(B) notwithstanding paragraph (1), may 

2 be kept on the towing vessel in the case of an 

3 unmanned vessel under tow. 

4 ‘‘(3) RETENTION PERIOD.—The ballast water 

5 record book shall be retained— 

6 ‘‘(A) on board the vessel for a period of 2 

7 years after the date on which the last entry in 

8 the book is made; and 

9 ‘‘(B) under the control of the vessel’s 

10 owner for an additional period of 3 years. 

11 ‘‘(4) REGULATIONS.—In the regulations pre12 scribed under this section, the Secretary shall re13 quire, at a minimum, that— 

14 ‘‘(A) each entry in the ballast water record 

15 book be signed and dated by the officer in 

16 charge of the ballast water operation recorded; 

17 and 

18 ‘‘(B) each completed page in the ballast 

19 water record book be signed and dated by the 

20 master of the vessel. 

21 ‘‘(5) ALTERNATIVE MEANS OF RECORD22 KEEPING.—The Secretary may provide by regulation 

23 for alternative methods of recordkeeping, including 

24 electronic recordkeeping, to comply with the require25 ments of this subsection. 
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1 ‘‘(e) BALLAST WATER EXCHANGE REQUIRE2 MENTS.— 

3 ‘‘(1) IN GENERAL.—Until a vessel conducts bal4 last water treatment in accordance with the require5 ments of subsection (f) of this section, the operator 

6 of a vessel to which this section applies may not con7 duct the uptake or discharge of ballast water unless 

8 the operator conducts ballast water exchange, in ac9 cordance with regulations prescribed by the Sec10 retary, in a manner that results in an efficiency of 

11 at least 95 percent volumetric exchange of the bal12 last water for each ballast water tank. 

13 ‘‘(2) SPECIAL RULE FOR VESSELS IN THE

14 GREAT LAKES.— 

15 ‘‘(A) IN GENERAL.—Notwithstanding any 

16 other provision of this subsection, under regula17 tions prescribed by the Secretary to prevent the 

18 introduction and spread of aquatic nuisance 

19 species into the Great Lakes through the ballast 

20 water of vessels, operators of vessels equipped 

21 with ballast water tanks that enter a United 

22 States port on the Great Lakes after operating 

23 on the waters beyond the exclusive economic 

24 zone shall— 
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•S 363 RS 

1 ‘‘(i) carry out exchange of ballast 

2 water on the waters beyond the exclusive 

3 economic zone prior to entry into any port 

4 within the Great Lakes; or 

5 ‘‘(ii) carry out an exchange of ballast 

6 water in other waters where the exchange 

7 does not pose a threat of infestation or 

8 spread of aquatic nuisance species in the 

9 Great Lakes and other waters of the 

10 United States, as recommended by the 

11 Task Force under section 1102(a)(1). 

12 ‘‘(B) ADDITIONAL MATTERS COVERED BY

13 THE REGULATIONS.—The regulations shall— 

14 ‘‘(i) not affect or supersede any re15 quirements or prohibitions pertaining to 

16 the discharge of ballast water into waters 

17 of the United States under the Federal 

18 Water Pollution Control Act (33 U.S.C. 

19 1251 et seq.); 

20 ‘‘(ii) provide for sampling procedures 

21 to monitor compliance with the require22 ments of the regulations; 

23 ‘‘(iii) prohibit the operation of a vessel 

24 in the Great Lakes if the master of the 

25 vessel has not certified to the Secretary or 
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1 the Secretary’s designee by not later than 

2 the departure of that vessel from the first 

3 lock in the St. Lawrence Seaway that the 

4 vessel has complied with the requirements 

5 of the regulations; 

6 ‘‘(iv) protect the safety of— 

7 ‘‘(I) each vessel; and 

8 ‘‘(II) the crew and passengers of 

9 each vessel; 

10 ‘‘(v) take into consideration different 

11 operating conditions; and 

12 ‘‘(vi) be based on the best scientific 

13 information available. 

14 ‘‘(C) HUDSON RIVER PORT.—The regula15 tions under this paragraph also apply to vessels 

16 that enter a United States port on the Hudson 

17 River north of the George Washington Bridge. 

18 ‘‘(D) EDUCATION AND TECHNICAL ASSIST19 ANCE PROGRAMS.—The Secretary may carry 

20 out education and technical assistance pro21 grams and other measures to promote compli22 ance with the regulations issued under this 

23 paragraph. 

24 ‘‘(3) EXCHANGE AREAS.— 
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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraphs (B), (C), and (D), the operator 

3 of a vessel to which this section applies shall 

4 conduct ballast water exchange in accordance 

5 with regulations prescribed by the Secretary— 

6 ‘‘(i) at least 200 nautical miles from 

7 the nearest land; and 

8 ‘‘(ii) in water at least 200 meters in 

9 depth. 

10 ‘‘(B) MINIMUM DISTANCE AND DEPTH.— 

11 ‘‘(i) IN GENERAL.—Except as pro12 vided in subparagraph (C), if the operator 

13 of a vessel is unable to conduct ballast 

14 water exchange in accordance with sub15 paragraph (A), the ballast water exchange 

16 shall be conducted in water that is— 

17 ‘‘(I) as far as possible from land; 

18 ‘‘(II) at least 50 nautical miles 

19 from land; and 

20 ‘‘(III) in water of at least 200 

21 meters in depth. 

22 ‘‘(ii) LIMITATION.—The operator of a 

23 vessel may not conduct ballast water ex24 change in accordance with clause (i) in any 

25 area with respect to which the Secretary 
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1 has determined, after consultation with the 

2 Administrators of the Environmental Pro3 tection Agency and the National Oceanic 

4 and Atmospheric Administration, that bal5 last water exchange in the area will have 

6 an adverse impact, notwithstanding the 

7 fact that the area meets the distance and 

8 depth criteria of clause (i). 

9 ‘‘(C) EXCHANGE IN DESIGNATED AREA.— 

10 ‘‘(i) IN GENERAL.—If the operator of 

11 a vessel is unable to conduct ballast water 

12 exchange in accordance with subparagraph 

13 (B), the operator of the vessel may conduct 

14 ballast water exchange in an area that 

15 does not meet the distance and depth cri16 teria of subparagraph (B) in such areas as 

17 may be designated by the Administrator of 

18 the National Oceanic and Atmospheric Ad19 ministration, determined in consultation 

20 with the Secretary and the Administrator 

21 of the Environmental Protection Agency, 

22 for that purpose. 

23 ‘‘(ii) CHARTING.—The Administrator 

24 of the National Oceanic and Atmospheric 

25 Administration, in consultation with the 
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1 Secretary, shall designate such areas on 

2 nautical charts. 

3 ‘‘(iii) LIMITATION.—The Adminis4 trator may not designate an area under 

5 clause (i) if a ballast water exchange in 

6 that area could have an adverse impact, as 

7 determined by the Secretary in consulta8 tion with the Administrator of the Envi9 ronmental Protection Agency. 

10 ‘‘(D) SAFETY OR STABILITY EXCEPTION.— 

11 ‘‘(i) IN GENERAL.—Subparagraphs 

12 (A), (B), and (C) do not apply to the dis13 charge or uptake of ballast water if the 

14 master of a vessel determines that compli15 ance with subparagraph (A), (B), or (C), 

16 whichever applies, would threaten the safe17 ty or stability of the vessel, its crew, or its 

18 passengers because of adverse weather, 

19 ship design or stress, equipment failure, or 

20 any other relevant condition. 

21 ‘‘(ii) NOTIFICATION REQUIRED.— 

22 Whenever the master of a vessel conducts 

23 a ballast water discharge or uptake under 

24 the exception described in clause (i), the 

25 master of the vessel shall notify the Sec-
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1 retary as soon as practicable thereafter but 

2 no later than 24 hours after the ballast 

3 water discharge or uptake commenced. 

4 ‘‘(iii) LIMITATION ON VOLUME.—The 

5 volume of any ballast water taken up or 

6 discharged under the exception described 

7 in clause (i) may not exceed the volume 

8 necessary to ensure the safe operation of 

9 the vessel. 

10 ‘‘(iv) REVIEW OF CIRCUMSTANCES.— 

11 If the master of a vessel conducts a ballast 

12 water discharge or uptake under the excep13 tion described in clause (i) on more than 2 

14 out of 6 sequential voyages, the Secretary 

15 shall review the circumstances to determine 

16 whether those ballast water discharges or 

17 uptakes met the requirements of this sub18 paragraph. The review under this clause 

19 shall be in addition to any other enforce20 ment activity by the Secretary. 

21 ‘‘(E) INABILITY TO COMPLY WITH EX22 CHANGE AREA REQUIREMENTS.— 

23 ‘‘(i) DEVIATION OR DELAY OF VOY24 AGE.—In determining the ability of the op25 erator of a vessel to conduct ballast water 
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1 exchange in accordance with the require2 ments of subparagraph (A) or (B), a vessel 

3 is not required to deviate from its intended 

4 voyage or unduly delay its voyage to com5 ply with those requirements. 

6 ‘‘(ii) PARTIAL COMPLIANCE.—An op7 erator of a vessel that is unable to comply 

8 fully with the requirements of subpara9 graph (A) or (B), shall conduct ballast 

10 water exchange to the maximum extent 

11 feasible in compliance with those subpara12 graphs. 

13 ‘‘(F) SPECIAL RULE FOR THE GREAT

14 LAKES.—This paragraph does not apply to ves15 sels subject to the regulations under paragraph 

16 (2). 

17 ‘‘(f) BALLAST WATER TREATMENT REQUIRE18 MENTS.— 

19 ‘‘(1) IN GENERAL.—Subject to the implementa20 tion schedule in paragraph (3), before discharging 

21 ballast water in waters subject to the jurisdiction of 

22 the United States a vessel to which this section ap23 plies shall conduct ballast water treatment so that 

24 the ballast water discharged will contain— 
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1 ‘‘(A) less than 0.1 living organisms per 

2 cubic meter that are 50 or more micrometers in 

3 minimum dimension; 

4 ‘‘(B) less than 0.1 living organisms per 

5 milliliter that are less than 50 micrometers in 

6 minimum dimension and more than 10 microm7 eters in minimum dimension; 

8 ‘‘(C) concentrations of indicator microbes 

9 that are less than— 

10 ‘‘(i) 1 colony-forming unit of 

11 Toxicogenic vibrio cholera (O1 and O139) 

12 per 100 milliliters, or less than 1 colony13 forming unit of that microbe per gram of 

14 wet weight of zoological samples; 

15 ‘‘(ii) 126 colony-forming units of 

16 escherichi coli per 100 milliliters; and 

17 ‘‘(iii) 33 colony-forming units of intes18 tinal enterococci per 100 milliliters; and 

19 ‘‘(D) concentrations of such indicator mi20 crobes as may be specified in regulations pro21 mulgated by the Secretary that are less than 

22 the amount specified in those regulations. 

23 ‘‘(2) RECEPTION FACILITY EXCEPTION.—Para24 graph (1) does not apply to a vessel that discharges 

25 ballast water into a reception facility that meets 
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1 standards prescribed by the Secretary, in consulta2 tion with the Administrator of the Environmental 

3 Protection Agency, for the reception of ballast water 

4 that provide for the reception of ballast water and 

5 its disposal or treatment in a way that does not im6 pair or damage the environment, human health, 

7 property, or resources. The Secretary may not pre8 scribe such standards that are less stringent than 

9 any otherwise applicable Federal, State, or local law 

10 requirements. 

11 ‘‘(3) IMPLEMENTATION SCHEDULE.—Para12 graph (1) applies to vessels in accordance with the 

13 following schedule: 

14 ‘‘(A) FIRST PHASE.—Beginning January 

15 1, 2009, for vessels constructed on or after that 

16 date with a ballast water capacity of less than 

17 5,000 cubic meters. 

18 ‘‘(B) SECOND PHASE.—Beginning January 

19 1, 2012, for vessels constructed on or after that 

20 date with a ballast water capacity of 5,000 

21 cubic meters or more. 

22 ‘‘(C) THIRD PHASE.—Beginning January 

23 1, 2014, for vessels constructed before January 

24 1, 2009, with a ballast water capacity of 1,500 
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1 cubic meters or more but not more than 5,000 

2 cubic meters. 

3 ‘‘(D) FOURTH PHASE.—Beginning Janu4 ary 1, 2016, for vessels constructed— 

5 ‘‘(i) before January 1, 2009, with a 

6 ballast water capacity of less than 1,500 

7 cubic meters or 5,000 cubic meters or 

8 more; or 

9 ‘‘(ii) on or after January 1, 2009, and 

10 before January 1, 2012, with a ballast 

11 water capacity of 5,000 cubic meters or 

12 more. 

13 ‘‘(4) REVIEW OF STANDARDS.— 

14 ‘‘(A) IN GENERAL.—In December, 2012, 

15 and in every third year thereafter, the Secretary 

16 shall review the treatment standards established 

17 in paragraph (1) of this subsection to deter18 mine, in consultation with the Administrator of 

19 the National Oceanic and Atmospheric Admin20 istration and the Administrator of the Environ21 mental Protection Agency, if the standards 

22 should be revised to reduce the amount of orga23 nisms or microbes allowed to be discharged 

24 using the best available technology economically 
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1 available. The Secretary shall revise such stand2 ards as necessary by regulation. 

3 ‘‘(B) APPLICATION OF ADJUSTED STAND4 ARDS.—In the regulations, the Secretary shall 

5 provide for the prospective application of the 

6 adjusted standards prescribed under this para7 graph to vessels constructed after the date on 

8 which the adjusted standards apply and for an 

9 orderly phase-in of the adjusted standards to 

10 existing vessels. 

11 ‘‘(5) DELAY OF APPLICATION FOR VESSEL PAR12 TICIPATING IN PROMISING TECHNOLOGY EVALUA13 TIONS.— 

14 ‘‘(A) IN GENERAL.—If a vessel participates 

15 in a program approved by the Secretary to test 

16 and evaluate promising ballast water treatment 

17 technologies with the potential to result in 

18 treatment technologies achieving a standard 

19 that is the same as or more stringent than the 

20 standard that applies under paragraph (1) be21 fore the first date on which paragraph (1) ap22 plies to that vessel, the Secretary may postpone 

23 the date on which paragraph (1) would other24 wise apply to that vessel for not more than 5 

25 years. 
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1 ‘‘(B) VESSEL DIVERSITY.—The Sec2 retary— 

3 ‘‘(i) shall seek to ensure that a wide 

4 variety of vessel types and voyages are in5 cluded in the program; but 

6 ‘‘(ii) may not grant a delay under this 

7 paragraph to more than 1 percent of the 

8 vessels to which subparagraph (A), (B), 

9 (C), or (D) of paragraph (3) applies. 

10 ‘‘(C) TERMINATION OF POSTPONEMENT.— 

11 The Secretary may terminate the 5-year post12 ponement period if participation of the vessel in 

13 the program is terminated without the consent 

14 of the Secretary. 

15 ‘‘(6) FEASIBILITY REVIEW.— 

16 ‘‘(A) IN GENERAL.—Not less than 2 years 

17 before the date on which paragraph (1) applies 

18 to vessels under each subparagraph of para19 graph (3), the Secretary shall complete a review 

20 to determine whether appropriate technologies 

21 are available to achieve the standards set forth 

22 in paragraph (1) for the vessels to which they 

23 apply under the schedule set forth in paragraph 

24 (3). 
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1 ‘‘(B) DELAY IN SCHEDULED APPLICA2 TION.—If the Secretary determines, on the 

3 basis of the review conducted under subpara4 graph (A), that compliance with the standards 

5 set forth in paragraph (1) in accordance with 

6 the schedule set forth in any subparagraph of 

7 paragraph (3) is not feasible, the Secretary 

8 shall— 

9 ‘‘(i) extend the date on which that 

10 subparagraph first applies to vessels for a 

11 period of not more than 36 months; and 

12 ‘‘(ii) recommend action to ensure that 

13 compliance with the extended date schedule 

14 for that subparagraph is achieved. 

15 ‘‘(7) TREATMENT SYSTEM APPROVAL RE16 QUIRED.—The operator of a vessel may not use a 

17 ballast water treatment system to comply with the 

18 requirements of this subsection unless the system is 

19 approved by the Secretary. The Secretary shall pro20 mulgate regulations establishing a process for such 

21 approval. 

22 ‘‘(g) WARNINGS CONCERNING BALLAST WATER UP23 TAKE.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall notify 

25 mariners of any area in waters subject to the juris-
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1 diction of the United States in which vessels should 

2 not uptake ballast water due to known conditions. 

3 ‘‘(2) CONTENTS.—The notice shall include— 

4 ‘‘(A) the coordinates of the area; and 

5 ‘‘(B) if possible, the location of alternative 

6 areas for the uptake of ballast water. 

7 ‘‘(h) SEDIMENT MANAGEMENT.— 

8 ‘‘(1) IN GENERAL.—The operator of a vessel to 

9 which this section applies may not remove or dispose 

10 of sediment from spaces designed to carry ballast 

11 water except in accordance with this subsection and 

12 the ballast water management plan required under 

13 subsection (c). 

14 ‘‘(2) DESIGN REQUIREMENTS.— 

15 ‘‘(A) NEW VESSELS.—No person may re16 move and dispose of such sediment from a ves17 sel to which this section applies in waters sub18 ject to the jurisdiction of the United States that 

19 is constructed on or after January 1, 2009, un20 less the vessel is designed and constructed in a 

21 manner that— 

22 ‘‘(i) minimizes the uptake and entrap23 ment of sediment; 

24 ‘‘(ii) facilitates removal of sediment; 

25 and 
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1 ‘‘(iii) provides for safe access for sedi2 ment removal and sampling. 

3 ‘‘(B) EXISTING VESSELS.—The operator of 

4 a vessel to which this section applies that was 

5 constructed before January 1, 2009, may not 

6 remove and dispose of such sediment in waters 

7 subject to the jurisdiction of the United States 

8 unless— 

9 ‘‘(i) the vessel has been modified, to 

10 the extent practicable and in accordance 

11 with regulations promulgated by the Sec12 retary, to achieve the objectives described 

13 in clauses (i), (ii), and (iii) of subpara14 graph (A); or 

15 ‘‘(ii) the removal and disposal of the 

16 sediment is conducted in such a manner as 

17 to achieve those objectives to the greatest 

18 extent practicable and in accordance with 

19 those regulations. 

20 ‘‘(C) REGULATIONS.—The Secretary shall 

21 promulgate regulations establishing design and 

22 construction standards to achieve the objectives 

23 of subparagraph (A) and providing guidance for 

24 modifications and practices under subparagraph 

25 (B). The Secretary shall incorporate the stand-
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1 ards and guidance in the regulations governing 

2 the ballast water management plan. 

3 ‘‘(3) SEDIMENT RECEPTION FACILITIES.— 

4 ‘‘(A) STANDARDS.—The Administrator of 

5 the Environmental Protection Agency in con6 sultation with the Secretary, shall promulgate 

7 regulations governing facilities for the reception 

8 of vessel sediment from spaces designed to 

9 carry ballast water that provide for the disposal 

10 of such sediment in a way that does not impair 

11 or damage the environment, human health, or 

12 property or resources of the disposal area. The 

13 Administrator may not prescribe standards 

14 under this subparagraph that are less stringent 

15 than any otherwise applicable Federal, State, or 

16 local law requirements. 

17 ‘‘(B) DESIGNATION.—The Secretary shall 

18 designate facilities for the reception of vessel 

19 sediment that meet the requirements of the reg20 ulations promulgated under subparagraph (A) 

21 at ports and terminals where ballast tanks are 

22 cleaned or repaired. 

23 ‘‘(i) EXAMINATIONS AND CERTIFICATIONS.— 

24 ‘‘(1) INITIAL EXAMINATION.— 
29 

•S 363 RS 

1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 examine vessels to which this section applies to 

3 determine whether— 

4 ‘‘(i) there is a ballast water manage5 ment plan for the vessel; and 

6 ‘‘(ii) the equipment used for ballast 

7 water and sediment management in ac8 cordance with the requirements of this sec9 tion and the regulations promulgated here10 under is installed and functioning properly. 

11 ‘‘(B) NEW VESSELS.—For vessels con12 structed on or after January 1, 2009, the Sec13 retary shall conduct the examination required 

14 by subparagraph (A) before the vessel is placed 

15 in service. 

16 ‘‘(C) EXISTING VESSELS.—For vessels con17 structed before January 1, 2009, the Secretary 

18 shall— 

19 ‘‘(i) conduct the examination required 

20 by subparagraph (A) before the date on 

21 which subsection (f)(1) applies to the ves22 sel according to the schedule in subsection 

23 (f)(3); and 

24 ‘‘(ii) inspect the vessel’s ballast water 

25 record book required by subsection (d). 
30 

•S 363 RS 

1 ‘‘(2) SUBSEQUENT EXAMINATIONS.—The Sec2 retary shall examine vessels no less frequently than 

3 once each year to ensure vessel compliance with the 

4 requirements of this section. 

5 ‘‘(3) INSPECTION AUTHORITY.—In order to 

6 carry out the provisions of this section, the Sec7 retary may take ballast water samples at any time 

8 on any vessel to which this section applies to ensure 

9 its compliance with this Act. 

10 ‘‘(4) REQUIRED CERTIFICATE.— 

11 ‘‘(A) IN GENERAL.—If, on the basis of an 

12 initial examination under paragraph (1) the 

13 Secretary finds that a vessel complies with the 

14 requirements of this section and the regulations 

15 promulgated hereunder, the Secretary shall 

16 issue a certificate under this paragraph as evi17 dence of such compliance. The certificate shall 

18 be valid for a period of not more than 5 years, 

19 as specified by the Secretary. The certificate or 

20 a true copy shall be maintained on board the 

21 vessel. 

22 ‘‘(B) FOREIGN CERTIFICATES.—The Sec23 retary may treat a certificate issued by a for24 eign government as a certificate issued under 

25 subparagraph (A) if the Secretary determines 
31 

•S 363 RS 

1 that the standards used by the issuing govern2 ment are equivalent to or more stringent than 

3 the standards used by the Secretary under sub4 paragraph (A). 

5 ‘‘(5) NOTIFICATION OF VIOLATIONS.—If the 

6 Secretary finds, on the basis of an examination 

7 under paragraph (1) or (2), sampling under para8 graph (3), or any other information, that a vessel is 

9 being operated in violation of the requirements of 

10 this section and the regulations promulgated here11 under, the Secretary shall— 

12 ‘‘(A) notify— 

13 ‘‘(i) the master of the vessel; and 

14 ‘‘(ii) the captain of the port at the 

15 vessel’s next port of call; and 

16 ‘‘(B) take such other action as may be ap17 propriate. 

18 ‘‘(j) DETENTION OF VESSELS.— 

19 ‘‘(1) IN GENERAL.—The Secretary, by notice to 

20 the owner, charterer, managing operator, agent, 

21 master, or other individual in charge of a vessel, 

22 may detain that vessel if the Secretary has reason23 able cause to believe that— 

24 ‘‘(A) the vessel is a vessel to which this 

25 section applies; 
32 

•S 363 RS 

1 ‘‘(B) the vessel does not comply with the 

2 requirements of this section or of the regula3 tions issued hereunder or is being operated in 

4 violation of such requirements; and 

5 ‘‘(C) the vessel is about to leave a place in 

6 the United States. 

7 ‘‘(2) CLEARANCE.— 

8 ‘‘(A) IN GENERAL.—A vessel detained 

9 under paragraph (1) may obtain clearance 

10 under section 4197 of the Revised Statutes (46 

11 U.S.C. App. 91) only if the violation for which 

12 it was detained has been corrected. 

13 ‘‘(B) WITHDRAWAL.—If the Secretary 

14 finds that a vessel detained under paragraph 

15 (1) has received a clearance under section 4197 

16 of the Revised Statutes (46 U.S.C. App. 91) be17 fore it was detained under paragraph (1), the 

18 Secretary shall request the Secretary of the 

19 Treasury to withdraw the clearance. Upon re20 quest of the Secretary, the Secretary of the 

21 Treasury shall withhold or revoke the clearance. 

22 ‘‘(k) SANCTIONS.— 

23 ‘‘(1) CIVIL PENALTIES.—Any person who vio24 lates a regulation promulgated under this section 

25 shall be liable for a civil penalty in an amount not 
33 

•S 363 RS 

1 to exceed $25,000. Each day of a continuing viola2 tion constitutes a separate violation. A vessel oper3 ated in violation of the regulations is liable in rem 

4 for any civil penalty assessed under this subsection 

5 for that violation. 

6 ‘‘(2) CRIMINAL PENALTIES.—Any person who 

7 knowingly violates the regulations promulgated 

8 under this section is guilty of a class C felony. 

9 ‘‘(3) REVOCATION OF CLEARANCE.—Except as 

10 provided in subsection (j)(2), upon request of the 

11 Secretary, the Secretary of the Treasury shall with12 hold or revoke the clearance of a vessel required by 

13 section 4197 of the Revised Statutes (46 U.S.C. 

14 App. 91), if the owner or operator of that vessel is 

15 in violation of the regulations issued under this sec16 tion. 

17 ‘‘(4) EXCEPTION TO SANCTIONS.—This sub18 section does not apply to a failure to exchange bal19 last water if— 

20 ‘‘(A) the master of a vessel, acting in good 

21 faith, decides that the exchange of ballast water 

22 will threaten the safety or stability of the vessel, 

23 its crew, or its passengers; and 

24 ‘‘(B) the recordkeeping and reporting re25 quirements of the Act are complied with. 
34 

•S 363 RS 

1 ‘‘(l) CONSULTATION WITH CANADA, MEXICO, AND

2 OTHER FOREIGN GOVERNMENTS.—In developing the 

3 guidelines issued and regulations promulgated under this 

4 section, the Secretary is encouraged to consult with the 

5 Government of Canada, the Government of Mexico, and 

6 any other government of a foreign country that the Sec7 retary, in consultation with the Task Force, determines 

8 to be necessary to develop and implement an effective 

9 international program for preventing the unintentional in10 troduction and spread of nonindigenous species. 

11 ‘‘(m) INTERNATIONAL COOPERATION.—The Sec12 retary, in cooperation with the International Maritime Or13 ganization of the United Nations and the Commission on 

14 Environmental Cooperation established pursuant to the 

15 North American Free Trade Agreement, is encouraged to 

16 enter into negotiations with the governments of foreign 

17 countries to develop and implement an effective inter18 national program for preventing the unintentional intro19 duction and spread of nonindigenous species. The Sec20 retary is particularly encouraged to seek bilateral or multi21 lateral agreements with Canada, Mexico, and other na22 tions in the Wider Caribbean (as defined in the Conven23 tion for the Protection and Development of the Marine 

24 Environment of the Wider Caribbean (Cartagena Conven25 tion) under this section. 
35 

•S 363 RS 

1 ‘‘(n) NON-DISCRIMINATION.—The Secretary shall en2 sure that vessels registered outside of the United States 

3 do not receive more favorable treatment than vessels reg4 istered in the United States when the Secretary performs 

5 studies, reviews compliance, determines effectiveness, es6 tablishes requirements, or performs any other responsibil7 ities under this Act. 

8 ‘‘(o) SUPPORT FOR FEDERAL BALLAST WATER DEM9 ONSTRATION PROJECT.—In addition to amounts other10 wise available to the Maritime Administration, the Na11 tional Oceanographic and Atmospheric Administration, 

12 and the United States Fish and Wildlife Service for the 

13 Federal Ballast Water Demonstration Project, the Sec14 retary shall provide support for the conduct and expansion 

15 of the project, including grants for research and develop16 ment of innovative technologies for the management, 

17 treatment, and disposal of ballast water and sediment, for 

18 ballast water exchange, and for other vessel vectors of 

19 invasive aquatic species such as hull fouling. There are 

20 authorized to be appropriated to the Secretary 

21 $25,000,000 for each fiscal year to carry out this sub22 section. 

23 ‘‘(p) CONSULTATION WITH TASK FORCE.—The Sec24 retary shall consult with the Task Force in carrying out 

25 this section. 
36 

•S 363 RS 

1 ‘‘(q) PREEMPTION.—Notwithstanding any other pro2 vision of law, the provisions of subsections (e) and (f) 

3 (other than subsection (f)(2)) supersede any provision of 

4 State or local law determined by the Secretary to be incon5 sistent with the requirements of that subsection or to con6 flict with the requirements of that subsection. 

7 ‘‘(r) REGULATIONS.—The Secretary may issue such 

8 regulations as may be necessary to carry out this section 

9 and the terms defined in section 1003 that are used in 

10 this section.’’. 

11 (b) DEFINITIONS.—Section 1003 of the Nonindige12 nous Aquatic Nuisance Prevention and Control Act of 

13 1990 (16 U.S.C. 4702) is amended— 

14 (1) by redesignating— 

15 (A) paragraphs (1), (2), and (3) as para16 graphs (2), (3), and (4), respectively; 

17 (B) paragraphs (4), (5), (6), (7), and (8) 

18 as paragraphs (8), (9), (10), (11), and (12), re19 spectively; 

20 (C) paragraphs (9) and (10) as paragraphs 

21 (14) and (15) respectively; 

22 (D) paragraphs (11) and (12) as para23 graphs (17) and (18), respectively; 

24 (E) paragraphs (13), (14), and (15) as 

25 paragraphs (20), (21), and (22), respectively; 
37 

•S 363 RS 

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

2 (G) paragraph (17) as paragraph (23) and 

3 inserting it after paragraph (22), as redesig4 nated; 

5 (2) by inserting before paragraph (2), as redes6 ignated, the following: 

7 ‘‘(1) ‘adverse impact’ means the direct or indi8 rect result or consequence of an event or process 

9 that— 

10 ‘‘(A) creates a hazard to the environment, 

11 human health, property, or a natural resource; 

12 ‘‘(B) impairs biological diversity; or 

13 ‘‘(C) interferes with the legitimate use of 

14 waters subject to the jurisdiction of the United 

15 States;’’; 

16 (3) by striking paragraph (4), as redesignated, 

17 and inserting the following: 

18 ‘‘(4) ‘ballast water’— 

19 ‘‘(A) means water taken on board a vessel 

20 to control trim, list, draught, stability, or 

21 stresses of the vessel, including matter sus22 pended in such water; but 

23 ‘‘(B) does not include potable or technical 

24 water that does not contain harmful aquatic or25 ganisms or pathenogens that is taken on board 
38 

•S 363 RS 

1 a vessel and used for a purpose described in 

2 subparagraph (A) if such potable or technical 

3 water is discharged in compliance with section 

4 312 of the Clean Water Act (33 U.S.C. 

5 1322);’’; 

6 (4) by inserting after paragraph (4) the fol7 lowing: 

8 ‘‘(5) ‘ballast water capacity’ means the total 

9 volumetric capacity of any tanks, spaces, or com10 partments on a vessel that is used for carrying, load11 ing, or discharging ballast water, including any 

12 multi-use tank, space, or compartment designed to 

13 allow carriage of ballast water; 

14 ‘‘(6) ‘ballast water management’ means me15 chanical, physical, chemical, and biological processes 

16 used, either singularly or in combination, to remove, 

17 render harmless, or avoid the uptake or discharge of 

18 harmful aquatic organisms and pathogens within 

19 ballast water and sediment; 

20 ‘‘(7) ‘constructed’ means a state of construction 

21 of a vessel at which— 

22 ‘‘(A) the keel is laid; 

23 ‘‘(B) construction identifiable with the spe24 cific vessel begins; 
39 

•S 363 RS 

1 ‘‘(C) assembly of the vessel has begun 

2 comprising at least 50 tons or 1 percent of the 

3 estimated mass of all structural material of the 

4 vessel, whichever is less; or 

5 ‘‘(D) the vessel undergoes a major conver6 sion;’’; 

7 (5) by inserting after paragraph (12), as redes8 ignated, the following: 

9 ‘‘(13) ‘harmful aquatic organisms and patho10 gens’ means aquatic organisms or pathogens that 

11 have been determined by the Secretary, after con12 sultation with the Administrator of the National 

13 Oceanographic and Atmospheric Administration and 

14 the Administrator of the Environmental Protection 

15 Agency, to cause an adverse impact if introduced 

16 into the waters subject to the jurisdiction of the 

17 United States;’’; 

18 (6) by inserting after paragraph (15), as redes19 ignated, the following: 

20 ‘‘(16) ‘major conversion’ means a conversion of 

21 a vessel, that— 

22 ‘‘(A) changes its ballast water carrying ca23 pacity by at least 15 percent; 

24 ‘‘(B) changes the vessel class; 
40 

•S 363 RS 

1 ‘‘(C) is projected to prolong the vessel’s life 

2 by at least 10 years (as determined by the Sec3 retary); or 

4 ‘‘(D) results in modifications to the vessel’s 

5 ballast water system, except— 

6 ‘‘(i) component replacement-in-kind; 

7 or 

8 ‘‘(ii) conversion of a vessel to meet the 

9 requirements of section 1101(e);’’; 

10 (7) by inserting after paragraph (18), as redes11 ignated, the following: 

12 ‘‘(19) ‘sediment’ means matter that has settled 

13 out of ballast water within a vessel;’’; 

14 (8) by inserting after paragraph (23), as redes15 ignated, the following: 

16 ‘‘(24) ‘United States port’ means a port, river, 

17 harbor, or offshore terminal under the jurisdiction of 

18 the United States, including ports located in Puerto 

19 Rico, Guam, the Northern Marianas, and the United 

20 States Virgin Islands; 

21 ‘‘(25) ‘vessel of the Armed Forces’ means— 

22 ‘‘(A) any vessel owned or operated by the 

23 Department of Defense, other than a time or 

24 voyage chartered vessel; and 
41 

•S 363 RS 

1 ‘‘(B) any vessel owned or operated by the 

2 Department of Homeland Security that is des3 ignated by the Secretary of the department in 

4 which the Coast Guard is operating as a vessel 

5 equivalent to a vessel described in subparagraph 

6 (A);’’; and 

7 (9) by inserting after paragraph (26), as redes8 ignated, the following: 

9 ‘‘(27) ‘waters subject to the jurisdiction of the 

10 United States’ means navigable waters and the terri11 torial sea of the United States, the exclusive eco12 nomic zone, and the Great Lakes.’’. 

13 (c) GREAT LAKES REGULATIONS.—Until vessels de14 scribed in section 1101(e)(2) of the Nonindigenous Aquat15 ic Nuisance Prevention and Control Act of 1990 (16 

16 U.S.C. 4711(e)(2)), as amended by this Act, are required 

17 to conduct ballast water treatment in accordance with the 

18 requirements of section 1101(f) of that Act (16 U.S.C. 

19 1101(f)), as amended by this Act, the regulations promul20 gated by the Secretary of Transportation under section 

21 1101 of the Nonindigenous Aquatic Nuisance Prevention 

22 and Control Act of 1990 (16 U.S.C. 4711), as such regu23 lations were in effect on the day before the date of enact24 ment of this Act, shall remain in full force and effect for, 

25 and shall continue to apply to, such vessels. 
42 

•S 363 RS 

1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 1301(a) of the Nonindigenous Aquatic Nui3 sance Prevention and Control Act of 1990 (16 U.S.C. 

4 4741(a)) is amended— 

5 (1) by striking ‘‘and’’ after the semicolon in 

6 paragraph (4)(B); 

7 (2) by striking ‘‘1102(f).’’ in paragraph (5)(B) 

8 and inserting ‘‘1102(f); and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(6) $10,000,000 for each of fiscal years 2006 

11 through 2010 to the Secretary to carry out section 

12 1101.’’. 

13 SEC. 5. COAST GUARD REPORT ON OTHER VESSEL-RE14 LATED VECTORS OF INVASIVE SPECIES. 

15 (a) IN GENERAL.—Within 90 days after the date of 

16 enactment of this Act, the Commandant of the Coast 

17 Guard shall transmit a report to the Senate Committee 

18 on Commerce, Science, and Transportation and the House 

19 of Representatives Committee on Transportation and In20 frastructure on vessel-related vectors of harmful aquatic 

21 organisms and pathogens other than ballast water and 

22 sediment, including vessel hulls and equipment, and from 

23 vessels equipped with ballast tanks that carry no ballast 

24 water on board. 

25 (b) BEST PRACTICES.—As soon as practicable, the 

26 Coast Guard shall develop best practices standards and 
43 

•S 363 RS 

1 procedures designed to reduce the introduction of invasive 

2 species into and within the United States from vessels and 

3 establish a timeframe for implementation of those stand4 ards and procedures by vessels, in addition to the manda5 tory requirements set forth in section 1101 for ballast 

6 water. Such standards and procedures should include des7 ignation of geographical locations for uptake and dis8 charge of untreated ballast water, as well as standards and 

9 procedures for other vessel vectors of invasive aquatic spe10 cies. The Commandant shall transmit a report to the Com11 mittees describing the standards and procedures developed 

12 and the implementation timeframe, together with any rec13 ommendations, including legislative recommendations if 

14 appropriate, the Commandant deems appropriate. The 

15 Secretary of the department in which the Coast Guard is 

16 operating may promulgate regulations to incorporate and 

17 enforce standards and procedures developed under this 

18 subsection. 

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘Ballast Water Manage21 ment Act of 2005’’. 

22 SEC. 2. FINDINGS. 

23 The Congress finds the following: 
44 

•S 363 RS 

1 (1) The introduction of aquatic invasive species 

2 into the Nation’s waters is one of the most urgent 

3 issues facing aquatic ecosystems in the United States. 

4 (2) The direct and indirect costs of aquatic 

5 invasive species to the economy of the United States 

6 have been estimated at billions of dollars per year. 

7 (3) Invasive species are thought to have been in8 volved in 70 percent of the last century’s extinctions 

9 of native aquatic species. 

10 (4) Aquatic invasive species are a significant 

11 problem throughout the United States, including Ha12 waii, Alaska, San Francisco Bay, the Great Lakes, 

13 the Southeast, and the Chesapeake Bay. 

14 (5) Ballast water from ships is one of the largest 

15 pathways for the introduction and spread of aquatic 

16 invasive species. 

17 (6) It has been estimated that some 10,000 non18 indigenous aquatic species travel around the globe 

19 each day in the ballast water of cargo ships. 

20 (7) Over 2 billion gallons of ballast water are 

21 discharged in United States waters each year. 

22 (8) Ballast water has been found to transport 

23 not only invasive plants and animals but pathogens 

24 as well, such as cholera. 
45 

•S 363 RS 

1 (9) Aquatic invasive species may also be intro2 duced by other vessel conduits, including the hulls of 

3 ships. 

4 (10) Aquatic invasive species may be transferred 

5 from other countries, or from distinct regions in the 

6 United States. 

7 (11) Current Federal programs are insufficient 

8 to effectively address this growing problem. 

9 (12) Preventing aquatic invasive species from 

10 being introduced is the most cost-effective approach 

11 for addressing this issue because, once established, 

12 they are costly and sometimes impossible to control. 

13 (13) In 2004, the International Maritime Orga14 nization agreed to a Convention, which the United 

15 States played an active role in negotiating, to pre16 vent, minimize, and ultimately eliminate the transfer 

17 of aquatic invasive species through the control and 

18 management of ballast water and sediments. 

19 (14) The International Maritime Organization 

20 agreement specifically recognizes that countries can 

21 take more stringent measures than those of the Con22 vention with respect to the control and management 

23 of ships’ ballast water and sediment. 
46 

•S 363 RS 

1 SEC. 3. BALLAST WATER MANAGEMENT. 

2 (a) IN GENERAL.—Section 1101 of the Nonindigenous 

3 Aquatic Nuisance Prevention and Control Act of 1990 (16 

4 U.S.C. 4711) is amended to read as follows: 

5 ‘‘SEC. 1101. BALLAST WATER MANAGEMENT. 

6 ‘‘(a) VESSELS TO WHICH THIS SECTION APPLIES.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graphs (2), (3), and (4), this section applies to a ves9 sel that is designed, constructed, or adapted to carry 

10 ballast water; and 

11 ‘‘(A) is a vessel of United States registry or 

12 nationality, or operated under the authority of 

13 the United States, wherever located; or 

14 ‘‘(B) is a foreign vessel that— 

15 ‘‘(i) is en route to a United States port 

16 or place; or 

17 ‘‘(ii) has departed from a United 

18 States port or place and is within waters 

19 subject to the jurisdiction of the United 

20 States. 

21 ‘‘(2) PERMANENT BALLAST WATER VESSELS.— 

22 This section does not apply to a vessel that carries all 

23 of its permanent ballast water in sealed tanks and is 

24 not subject to discharge. 

25 ‘‘(3) ARMED FORCES VESSELS.— 
47 

•S 363 RS 

1 ‘‘(A) EXEMPTION.—Except as provided in 

2 subparagraph (B), this section does not apply to 

3 a vessel of the Armed Forces. 

4 ‘‘(B) BALLAST WATER MANAGEMENT PRO5 GRAM.—The Secretary of Defense and the Sec6 retary of Homeland Security, after consultation 

7 with the Administrator, the Under Secretary of 

8 Commerce for Oceans and Atmosphere, and the 

9 Secretary, shall implement a ballast water man10 agement program, including the promulgation of 

11 standards for ballast water exchange and treat12 ment and for sediment management, for vessels 

13 of the Armed Forces under their respective juris14 dictions designed, constructed, or adapted to 

15 carry ballast water that is— 

16 ‘‘(i) consistent with the requirements of 

17 this section, including the deadlines; and 

18 ‘‘(ii) at least as stringent as the re19 quirements promulgated for such vessels 

20 under section 312 of the Clean Water Act 

21 (33 U.S.C. 1322). 

22 ‘‘(4) SPECIAL RULE FOR SMALL RECREATIONAL

23 VESSELS.—In applying this section to recreational 

24 vessels less than 50 meters in length that have a max25 imum ballast water capacity of 8 cubic meters, the 
48 

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1 Secretary may promulgate alternative measures for 

2 managing ballast water in a manner that is con3 sistent with the requirements of this section. 

4 ‘‘(b) UPTAKE AND DISCHARGE OF BALLAST WATER OR

5 SEDIMENT.— 

6 ‘‘(1) PROHIBITION.—The operator of a vessel to 

7 which this section applies may not conduct the uptake 

8 or discharge of ballast water or sediment except as 

9 provided in this section. 

10 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not 

11 apply to the uptake or discharge of ballast water or 

12 sediment in the following circumstances: 

13 ‘‘(A) The uptake or discharge is solely for 

14 the purpose of— 

15 ‘‘(i) ensuring the safety of the vessel in 

16 an emergency situation; or 

17 ‘‘(ii) saving a life at sea. 

18 ‘‘(B) The uptake or discharge is accidental 

19 and the result of damage to the vessel or its 

20 equipment and— 

21 ‘‘(i) all reasonable precautions to pre22 vent or minimize ballast water and sedi23 ment discharge have been taken before and 

24 after the damage occurs, the discovery of the 

25 damage, and the discharge; and 
49 

•S 363 RS 

1 ‘‘(ii) the owner or officer in charge of 

2 the vessel did not willfully or recklessly 

3 cause the damage. 

4 ‘‘(C) The uptake or discharge is solely for 

5 the purpose of avoiding or minimizing the dis6 charge from the vessel of pollution that would 

7 otherwise violate applicable Federal or State 

8 law. 

9 ‘‘(D) The uptake or discharge of ballast 

10 water and sediment occurs at the same location 

11 where the whole of that ballast water and that 

12 sediment originated and there is no mixing with 

13 ballast water and sediment from another area 

14 that has not been managed in accordance with 

15 the requirements of this section. 

16 ‘‘(c) VESSEL BALLAST WATER MANAGEMENT PLAN.— 

17 ‘‘(1) IN GENERAL.—The operator of a vessel to 

18 which this section applies shall conduct all ballast 

19 water management operations of that vessel in ac20 cordance with a ballast water management plan de21 signed to minimize the discharge of aquatic invasive 

22 species that— 

23 ‘‘(A) meets the requirements prescribed by 

24 the Secretary by regulation; and 

25 ‘‘(B) is approved by the Secretary. 
50 

•S 363 RS 

1 ‘‘(2) APPROVAL CRITERIA.— 

2 ‘‘(A) IN GENERAL.—The Secretary may not 

3 approve a ballast water management plan unless 

4 the Secretary determines that the plan— 

5 ‘‘(i) describes in detail the actions to be 

6 taken to implement the ballast water man7 agement requirements established under this 

8 section; 

9 ‘‘(ii) describes in detail the procedures 

10 to be used for disposal of sediment at sea 

11 and on shore in accordance with the re12 quirements of this section; 

13 ‘‘(iii) describes in detail safety proce14 dures for the vessel and crew associated with 

15 ballast water management; 

16 ‘‘(iv) designates the officer on board the 

17 vessel in charge of ensuring that the plan is 

18 properly implemented; 

19 ‘‘(v) contains the reporting require20 ments for vessels established under this sec21 tion and a copy of each form necessary to 

22 meet those requirements; and 

23 ‘‘(vi) meets all other requirements pre24 scribed by the Secretary. 
51 

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1 ‘‘(B) FOREIGN VESSELS.—The Secretary 

2 may approve a ballast water management plan 

3 for a foreign vessel (as defined in section 

4 2101(12) of title 46, United States Code) on the 

5 basis of a certificate of compliance with the cri6 teria described in subparagraph (A) issued by 

7 the vessel’s country of registration in accordance 

8 with regulations promulgated by the Secretary. 

9 ‘‘(3) COPY OF PLAN ON BOARD VESSEL.—The 

10 owner or operator of a vessel to which this section ap11 plies shall— 

12 ‘‘(A) maintain a copy of the vessel’s ballast 

13 water management plan on board at all times; 

14 and 

15 ‘‘(B) keep the plan readily available for ex16 amination by the Secretary at all reasonable 

17 times. 

18 ‘‘(d) VESSEL BALLAST WATER RECORD BOOK.— 

19 ‘‘(1) IN GENERAL.—The owner or operator of a 

20 vessel to which this section applies shall maintain a 

21 ballast water record book in English on board the ves22 sel in which— 

23 ‘‘(A) each operation involving ballast water 

24 or sediment discharge is fully recorded without 
52 

•S 363 RS 

1 delay, in accordance with regulations promul2 gated by the Secretary; 

3 ‘‘(B) each such operation is described in de4 tail, including the location and circumstances of, 

5 and the reason for, the operation; and 

6 ‘‘(C) the exact nature and circumstances of 

7 any situation under which any operation was 

8 conducted under an exception set forth in sub9 section (b)(2) or (e)(3) is described. 

10 ‘‘(2) AVAILABILITY.—The ballast water record 

11 book— 

12 ‘‘(A) shall be kept readily available for ex13 amination by the Secretary at all reasonable 

14 times; and 

15 ‘‘(B) notwithstanding paragraph (1), may 

16 be kept on the towing vessel in the case of an un17 manned vessel under tow. 

18 ‘‘(3) RETENTION PERIOD.—The ballast water 

19 record book shall be retained— 

20 ‘‘(A) on board the vessel for a period of 3 

21 years after the date on which the last entry in 

22 the book is made; and 

23 ‘‘(B) under the control of the vessel’s owner 

24 for an additional period of 3 years. 
53 

•S 363 RS 

1 ‘‘(4) REGULATIONS.—In the regulations pre2 scribed under this section, the Secretary shall require, 

3 at a minimum, that— 

4 ‘‘(A) each entry in the ballast water record 

5 book be signed and dated by the officer in charge 

6 of the ballast water operation recorded; 

7 ‘‘(B) each completed page in the ballast 

8 water record book be signed and dated by the 

9 master of the vessel; and 

10 ‘‘(C) the owner or operator of the vessel 

11 transmit such information to the Secretary re12 garding the ballast operations of the vessel as the 

13 Secretary may require. 

14 ‘‘(5) ALTERNATIVE MEANS OF RECORD15 KEEPING.—The Secretary shall provide by regulation 

16 for alternative methods of recordkeeping, including 

17 electronic recordkeeping, to comply with the require18 ments of this subsection. 

19 ‘‘(e) BALLAST WATER EXCHANGE REQUIREMENTS.— 

20 ‘‘(1) IN GENERAL.—Until a vessel is required to 

21 conduct ballast water treatment in accordance with 

22 subsection (f) of this section, the operator of a vessel 

23 to which this section applies may not discharge bal24 last water except after — 
54 

•S 363 RS 

1 ‘‘(A) conducting ballast water exchange, in 

2 accordance with regulations prescribed by the 

3 Secretary, in a manner that results in an effi4 ciency of at least 95 percent volumetric exchange 

5 of the ballast water for each ballast water tank; 

6 ‘‘(B) using ballast water treatment that 

7 meets the performance standards of subsection 

8 (f); or 

9 ‘‘(C) using environmentally-sound alter10 native ballast water treatment, if the Secretary 

11 determines that such treatment is at least as ef12 fective as the ballast water exchange required by 

13 subparagraph (A) in preventing and controlling 

14 infestation of aquatic invasive species. 

15 ‘‘(1A) GUIDANCE; 5-YEAR USAGE.— 

16 ‘‘(A) GUIDANCE.—Within 1 year after the 

17 date of enactment of the Ballast Water Manage18 ment Act of 2005, the Secretary shall develop 

19 guidance on technology that may be used to 

20 under paragraph (1)(C). 

21 ‘‘(B) 5-YEAR USAGE.—If the Secretary ac22 celerates the schedule under subsection (f)(5)(C) 

23 for implementation of the treatment technology 

24 required under subsection (f), the Secretary shall 

25 allow a vessel using environmentally-sound alter-
55 

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1 native ballast water treatment under paragraph 

2 (1)(C) to continue to use that treatment for 5 

3 years after the date on which the environ4 mentally-sound alternative ballast water treat5 ment was first placed in service on the vessel. 

6 ‘‘(2) EXCHANGE AREAS.— 

7 ‘‘(A) VESSELS OUTSIDE THE UNITED

8 STATES EEZ.—The operator of a vessel en route 

9 to a United States port or place from a port or 

10 place outside the United States exclusive eco11 nomic zone shall conduct ballast water ex12 change— 

13 ‘‘(i) before arriving at a United States 

14 port or place; 

15 ‘‘(ii) at least 200 nautical miles from 

16 the nearest point of land; and 

17 ‘‘(iii) in water at least 200 meters in 

18 depth. 

19 ‘‘(B) COASTAL VOYAGES.—The operator of a 

20 vessel originating from a port or place within 

21 the United States exclusive economic zone, or 

22 from a port within 200 nautical miles of the 

23 United States in Canada, Mexico, or other ports 

24 designated by the Secretary for purposes of this 

25 section, shall conduct ballast water exchange— 
56 

•S 363 RS 

1 ‘‘(i) at least 50 nautical miles from the 

2 nearest point of land; and 

3 ‘‘(ii) in water at least 200 meters in 

4 depth. 

5 ‘‘(3) SAFETY OR STABILITY EXCEPTION.— 

6 ‘‘(A) IN GENERAL.—Paragraphs (1) and (2) 

7 do not apply to the discharge of ballast water if 

8 the master of a vessel determines that compliance 

9 with those paragraphs would threaten the safety 

10 or stability of the vessel, its crew, or its pas11 sengers because of adverse weather, equipment 

12 failure, or any other relevant condition. 

13 ‘‘(B) NOTIFICATION REQUIRED.—Whenever 

14 the master of a vessel is unable to comply with 

15 the requirements of paragraphs (1) and (2) be16 cause of a determination made under subpara17 graph (A), the master of the vessel shall— 

18 ‘‘(i) notify the Secretary as soon as 

19 practicable thereafter but no later than 24 

20 hours after making that determination and 

21 shall ensure that the determination, the rea22 sons for the determination, and the notice 

23 are recorded in the vessel’s ballast water 

24 record book; and 
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1 ‘‘(ii) undertake ballast water ex2 change— 

3 ‘‘(I) in an alternative area that 

4 may be designated by the Secretary, 

5 after consultation with the Adminis6 trator, the Undersecretary, and rep7 resentatives of States the waters of 

8 which would be affected by the dis9 charge of ballast water; or 

10 ‘‘(II) undertake discharge of bal11 last water in accordance with para12 graph (5) if safety or stability concerns 

13 prevent undertaking ballast water ex14 change in the alternative area. 

15 ‘‘(C) REVIEW OF CIRCUMSTANCES.—If the 

16 master of a vessel conducts a ballast water dis17 charge under the provisions of this paragraph, 

18 the Secretary shall review the circumstances to 

19 determine whether the discharge met the require20 ments of this paragraph. The review under this 

21 clause shall be in addition to any other enforce22 ment authority of the Secretary. 

23 ‘‘(4) DISCHARGE UNDER WAIVER.— 

24 ‘‘(A) SUBSTANTIAL BUSINESS HARDSHIP

25 WAIVER.—If, because of the short length of a voy-
58 

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1 age, the operator of a vessel is unable to dis2 charge ballast water in accordance with the re3 quirements of paragraph (2)(B) without substan4 tial business hardship, as determined under reg5 ulations prescribed by the Secretary, the operator 

6 shall request a waiver from the Secretary and 

7 discharge the ballast water in accordance with 

8 paragraph (5). A request for a waiver under this 

9 subparagraph shall be submitted to the Secretary 

10 at such time and in such form and manner as 

11 the Secretary may require. 

12 ‘‘(B) SUBSTANTIAL BUSINESS HARDSHIP.— 

13 For purposes of subparagraph (A), the factors 

14 taken into account in determining substantial 

15 business hardship shall include whether— 

16 ‘‘(i) compliance with the requirements 

17 of paragraph (2)(B) would require a suffi18 ciently great change in routing or sched19 uling of service as to compromise the eco20 nomic or commercial viability of the trade 

21 or business in which the vessel is operated; 

22 or 

23 ‘‘(ii) it is reasonable to expect that the 

24 trade or business or service provided will be 
59 

•S 363 RS 

1 continued only if a waiver is granted under 

2 subparagraph (A). 

3 ‘‘(5) PERMISSABLE DISCHARGE.— 

4 ‘‘(A) IN GENERAL.—The discharge of ballast 

5 water shall be considered to be carried out in ac6 cordance with this paragraph if it is— 

7 ‘‘(i) in an area designated for that 

8 purpose by the Secretary, after consultation 

9 with the Undersecretary and the Adminis10 trator and representatives of any State that 

11 may be affected by discharge of ballast 

12 water in that area; or 

13 ‘‘(ii) into a reception facility described 

14 in subsection (f)(2). 

15 ‘‘(B) LIMITATION ON VOLUME.—The volume 

16 of any ballast water discharged under the provi17 sions of this paragraph may not exceed the vol18 ume necessary to ensure the safe operation of the 

19 vessel. 

20 ‘‘(6) PARTIAL COMPLIANCE.—The operator of a 

21 vessel that is unable to comply fully with the require22 ments of paragraphs (1) and (2)— 

23 ‘‘(A) shall nonetheless conduct ballast water 

24 exchange to the maximum extent feasible in com25 pliance with those paragraphs; and 
60 

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1 ‘‘(B) may conduct a partial ballast water 

2 exchange under this paragraph only to the extent 

3 that the ballast water in an individual ballast 

4 tank can be completely exchanged in accordance 

5 with the provisions of paragraph (1)(B). 

6 ‘‘(7) SPECIAL RULES FOR VESSELS IN THE

7 GREAT LAKES.—Until vessels described in subsection 

8 (e)(6) are required to conduct ballast water treatment 

9 in accordance with the requirements of subsection (f), 

10 the regulations promulgated by the Secretary of 

11 Transportation under this section, as such regulations 

12 and section were in effect on the day before the date 

13 of enactment of the Ballast Water Management Act of 

14 2005, shall remain in full force and effect for, and 

15 shall continue to apply to, such vessels. 

16 ‘‘(8) CERTAIN GEOGRAPHICALLY LIMITED

17 ROUTES.—Notwithstanding paragraph (2)(B) of this 

18 subsection, the operator of a vessel is not required to 

19 comply with the requirements of paragraph (2)(B)— 

20 ‘‘(A) if the vessel operates exclusively— 

21 ‘‘(i) within Lake Superior, Lake 

22 Michigan, Lake Huron, and Lake Erie and 

23 the connecting channels; or 

24 ‘‘(ii) between or among the main group 

25 of the Hawaiian Islands; or 
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1 ‘‘(B) if the vessel operates exclusively within 

2 any area with respect to which the Secretary has 

3 determined, after consultation with the Undersec4 retary, the Administrator, and representatives of 

5 States the waters of which would be affected by 

6 the discharge of ballast water, that the risk of in7 troducing aquatic invasive species through bal8 last water discharge in the areas in which the 

9 vessel operates is insignificant. 

10 ‘‘(9) MARINE SANCTUARIES AND OTHER PROHIB11 ITED AREAS.—A vessel may not conduct ballast water 

12 exchange or discharge unexchanged ballast water 

13 under this subsection within a marine sanctuary des14 ignated under title III of the National Marine Sanc15 tuaries Act (16 U.S.C. 1431 et seq.) or in any other 

16 waters designated by the Secretary after consultation 

17 with the Undersecretary and the Administrator. 

18 ‘‘(10) REGULATIONS DEADLINE.—The Secretary 

19 shall issue a final rule for regulations required by this 

20 subsection within 1 year after the date of enactment 

21 of the Ballast Water Management Act of 2005. 

22 ‘‘(f) BALLAST WATER TREATMENT REQUIREMENTS.— 

23 ‘‘(1) PERFORMANCE STANDARDS.—A vessel to 

24 which this section applies shall conduct ballast water 

25 treatment in accordance with the requirements of this 
62 

•S 363 RS 

1 subsection before discharging ballast water so that the 

2 ballast water discharged will contain— 

3 ‘‘(A) less than 1 living organism per 10 

4 cubic meters that is 50 or more micrometers in 

5 minimum dimension; 

6 ‘‘(B) less than 1 living organism per 10 

7 milliliters that is less than 50 micrometers in 

8 minimum dimension and more than 10 microm9 eters in minimum dimension; 

10 ‘‘(C) concentrations of indicator microbes 

11 that are less than— 

12 ‘‘(i) 1 colony-forming unit of 

13 toxicogenic Vibrio cholera (serotypes O1 and 

14 O139) per 100 milliliters, or less than 1 col15 ony-forming unit of that microbe per gram 

16 of wet weight of zoological samples; 

17 ‘‘(ii) 126 colony-forming units of esch18 erichia coli per 100 milliliters; and 

19 ‘‘(iii) 33 colony-forming units of intes20 tinal enterococci per 100 milliliters; and 

21 ‘‘(D) concentrations of such additional indi22 cator microbes as may be specified in regulations 

23 promulgated by the Secretary, after consultation 

24 with the Environmental Protection Agency, that 
63 

•S 363 RS 

1 are less than the amount specified in those regu2 lations. 

3 ‘‘(2) RECEPTION FACILITY EXCEPTION.— 

4 ‘‘(A) IN GENERAL.—Paragraph (1) does not 

5 apply to a vessel that discharges ballast water 

6 into— 

7 ‘‘(i) a land-based facility for the recep8 tion of ballast water that meets standards 

9 prescribed by the Administrator; or 

10 ‘‘(ii) a water-based facility for the re11 ception of ballast water that meets stand12 ards prescribed by the Secretary. 

13 ‘‘(B) PROMULGATION OF STANDARDS.— 

14 Within 1 year after the date of enactment of the 

15 Ballast Water Management Act of 2005, the Ad16 ministrator and the Secretary, respectively, shall 

17 promulgate standards for— 

18 ‘‘(i) the reception of ballast water in 

19 land-based and water-based reception facili20 ties; and 

21 ‘‘(ii) the disposal or treatment of such 

22 ballast water in a way that does not impair 

23 or damage the environment, human health, 

24 property, or resources. 
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1 ‘‘(3) IMPLEMENTATION SCHEDULE.—Paragraph 

2 (1) applies to vessels in accordance with the following 

3 schedule: 

4 ‘‘(A) FIRST PHASE.—Beginning January 1, 

5 2009, for vessels constructed on or after that date 

6 with a ballast water capacity of less than 5,000 

7 cubic meters. 

8 ‘‘(B) SECOND PHASE.—Beginning January 

9 1, 2012, for vessels constructed on or after that 

10 date with a ballast water capacity of 5,000 cubic 

11 meters or more. 

12 ‘‘(C) THIRD PHASE.—Beginning January 

13 1, 2014, for vessels constructed before January 1, 

14 2009, with a ballast water capacity of 1,500 

15 cubic meters or more but not more than 5,000 

16 cubic meters. 

17 ‘‘(D) FOURTH PHASE.—Beginning January 

18 1, 2016, for vessels constructed— 

19 ‘‘(i) before January 1, 2009, with a 

20 ballast water capacity of less than 1,500 

21 cubic meters or 5,000 cubic meters or more; 

22 or 

23 ‘‘(ii) on or after January 1, 2009, and 

24 before January 1, 2012, with a ballast 
65 

•S 363 RS 

1 water capacity of 5,000 cubic meters or 

2 more. 

3 ‘‘(4) TREATMENT SYSTEM APPROVAL RE4 QUIRED.—The operator of a vessel may not use a bal5 last water treatment system to comply with the re6 quirements of this subsection unless the system is ap7 proved by the Secretary. The Secretary shall promul8 gate regulations establishing a process for such ap9 proval, after consultation with the Administrator, 

10 within 1 year after the date of enactment of the Bal11 last Water Management Act of 2005. 

12 ‘‘(5) FEASIBILITY REVIEW.— 

13 ‘‘(A) IN GENERAL.—Not less than 2 years 

14 before the date on which paragraph (1) applies 

15 to vessels under each subparagraph of paragraph 

16 (3), or as that date may be extended under this 

17 paragraph, the Secretary shall complete a review 

18 to determine whether appropriate technologies 

19 are available to achieve the standards set forth in 

20 paragraph (1) for the vessels to which they apply 

21 under the schedule set forth in paragraph (3). In 

22 reviewing the technologies the Secretary, after 

23 consultation with the Administrator, shall con24 sider— 
66 

•S 363 RS 

1 ‘‘(i) the effectiveness of a technology in 

2 achieving the standards; 

3 ‘‘(ii) feasibility in terms of compat4 ibility with ship design and operations; 

5 ‘‘(iii) safety considerations; 

6 ‘‘(iv) whether a technology has an ad7 verse impact on the environment; and 

8 ‘‘(v) cost effectiveness. 

9 ‘‘(B) DELAY IN SCHEDULED APPLICA10 TION.—If the Secretary determines, on the basis 

11 of the review conducted under subparagraph (A), 

12 that compliance with the standards set forth in 

13 paragraph (1) in accordance with the schedule 

14 set forth in any subparagraph of paragraph (3) 

15 is not feasible for any class of vessels, the Sec16 retary shall— 

17 ‘‘(i) extend the date on which that sub18 paragraph first applies to vessels for a pe19 riod of not more than 24 months; and 

20 ‘‘(ii) recommend action to ensure that 

21 compliance with the extended date schedule 

22 for that subparagraph is achieved. 

23 ‘‘(C) HIGHER STANDARDS; EARLIER IMPLE24 MENTATION.— 
67 

•S 363 RS 

1 ‘‘(i) STANDARDS.—If the Secretary de2 termines that ballast water treatment tech3 nology exists that exceeds the performance 

4 standards required under this subsection, 

5 the Secretary shall, for any class of vessels, 

6 revise the performance standards to incor7 porate the higher performance standards. 

8 ‘‘(ii) IMPLEMENTATION.—If the Sec9 retary determines that technology that 

10 achieves the applicable performance stand11 ards required under this subsection can be 

12 implemented earlier than required by this 

13 subsection, the Secretary shall, for any class 

14 of vessels, accelerate the implementation 

15 schedule under paragraph (3). If the Sec16 retary accelerates the implementation sched17 ule pursuant to this clause, the Secretary 

18 shall provide at least 24 months notice be19 fore such accelerated implementation goes 

20 into effect. 

21 ‘‘(iii) DETERMINATIONS NOT MUTU22 ALLY EXCLUSIVE.—The Secretary shall take 

23 action under both clause (i) and clause (ii) 

24 if the Secretary makes determinations 

25 under both clauses. 
68 

•S 363 RS 

1 ‘‘(6) DELAY OF APPLICATION FOR VESSEL PAR2 TICIPATING IN PROMISING TECHNOLOGY EVALUA3 TIONS.— 

4 ‘‘(A) IN GENERAL.—If a vessel participates 

5 in a program approved by the Secretary to test 

6 and evaluate promising ballast water treatment 

7 technologies that are likely to result in treatment 

8 technologies achieving a standard that is the 

9 same as or more stringent than the standard 

10 that applies under paragraph (1) before the first 

11 date on which paragraph (1) applies to that ves12 sel, the Secretary shall allow the vessel to use 

13 that technology for a 10 year period and such 

14 vessel shall be deemed to be in compliance with 

15 the requirements of paragraph (1) during that 

16 10-year period. 

17 ‘‘(B) VESSEL DIVERSITY.—The Secretary— 

18 ‘‘(i) shall seek to ensure that a wide 

19 variety of vessel types and voyages are in20 cluded in the program; but 

21 ‘‘(ii) may not grant a delay under this 

22 paragraph to more than 5 percent of the 

23 vessels to which subparagraph (A), (B), (C), 

24 or (D) of paragraph (3) applies. 
69 

•S 363 RS 

1 ‘‘(C) TERMINATION OF GRACE PERIOD.— 

2 The Secretary may terminate the 10-year grace 

3 period of a vessel under subparagraph (A) if 

4 participation of the vessel in the program is ter5 minated without the consent of the Secretary. 

6 ‘‘(D) ANNUAL RE-EVALUATION; TERMI7 NATION.—The Secretary shall establish an an8 nual evaluation process to determine whether the 

9 performance of an approved technology is suffi10 ciently effective and whether it is causing harm 

11 to the environment. If the Secretary determines 

12 that an approved technology is insufficiently ef13 fective or it causing harm to the environment, 

14 the Secretary shall revoke the approval granted 

15 under subparagraph (D). 

16 ‘‘(7) REVIEW OF STANDARDS.— 

17 ‘‘(A) IN GENERAL.—In December, 2012, and 

18 in every third year thereafter, the Secretary shall 

19 review ballast water treatment standards to de20 termine, after consultation with the Undersecre21 tary and the Administrator, if the standards 

22 under this subsection should be revised to reduce 

23 the amount of organisms or microbes allowed to 

24 be discharged, taking into account improvements 

25 in the scientific understanding of biological proc-
70 

•S 363 RS 

1 esses leading to successful invasions of aquatic 

2 invasive species and improvements in ballast 

3 water treatment technology. The Secretary shall 

4 revise by regulation the requirements of this sub5 section as necessary. 

6 ‘‘(B) APPLICATION OF ADJUSTED STAND7 ARDS.—In the regulations, the Secretary shall 

8 provide for the prospective application of the ad9 justed standards prescribed under this paragraph 

10 to vessels constructed after the date on which the 

11 adjusted standards apply and for an orderly 

12 phase-in of the adjusted standards to existing 

13 vessels. 

14 ‘‘(8) HIGH-RISK VESSELS.— 

15 ‘‘(A) VESSEL LIST.—Within 1 year after the 

16 date of enactment of the Ballast Water Manage17 ment Act of 2005, the Secretary shall initiate a 

18 list, in consultation with States, of vessels that, 

19 due to factors such as the origin of their voyages, 

20 the frequency of their voyages, the volume of bal21 last water they carry, the biological makeup of 

22 the ballast water, and the fact that they fre23 quently discharge unexchanged or improperly ex24 changed ballast water pursuant to an exception 

25 under subsection (e), pose a relatively high risk 
71 

•S 363 RS 

1 of introducing aquatic invasive species into the 

2 waters of those States. 

3 ‘‘(B) INCENTIVE PROGRAMS.—The Secretary 

4 shall— 

5 ‘‘(i) give priority to vessels on the list 

6 for participation in pilot programs de7 scribed in paragraph (6); and 

8 ‘‘(ii) shall encourage Federal and State 

9 technology development programs or other 

10 incentives (whether positive or negative) to 

11 give priority to such vessels in order to en12 courage the adoption of ballast water treat13 ment technology by those vessels consistent 

14 with the requirements of this section on an 

15 expedited basis. 

16 ‘‘(g) WARNINGS CONCERNING BALLAST WATER UP17 TAKE.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall notify 

19 vessel owners and operators of any area in waters 

20 subject to the jurisdiction of the United States in 

21 which vessels should not uptake ballast water due to 

22 known conditions. 

23 ‘‘(2) CONTENTS.—The notice shall include— 

24 ‘‘(A) the coordinates of the area; and 
72 

•S 363 RS 

1 ‘‘(B) if possible, the location of alternative 

2 areas for the uptake of ballast water. 

3 ‘‘(h) SEDIMENT MANAGEMENT.— 

4 ‘‘(1) IN GENERAL.—The operator of a vessel to 

5 which this section applies may not remove or dispose 

6 of sediment from spaces designed to carry ballast 

7 water except— 

8 ‘‘(A) in accordance with this subsection and 

9 the ballast water management plan required 

10 under subsection (c); and 

11 ‘‘(B) more than 200 nautical miles from the 

12 nearest point of land or into a reception facility 

13 that meets the requirements of paragraph (3). 

14 ‘‘(2) DESIGN REQUIREMENTS.— 

15 ‘‘(A) NEW VESSELS.—After December 31, 

16 2008, it shall be unlawful to construct a vessel 

17 in the United States to which this section applies 

18 unless that vessel is designed and constructed, in 

19 accordance with regulations prescribed under 

20 subparagraph (C), in a manner that— 

21 ‘‘(i) minimizes the uptake and entrap22 ment of sediment; 

23 ‘‘(ii) facilitates removal of sediment; 

24 and 
73 

•S 363 RS 

1 ‘‘(iii) provides for safe access for sedi2 ment removal and sampling. 

3 ‘‘(B) EXISTING VESSELS.—Every vessel to 

4 which this section applies that was constructed 

5 before January 1, 2009, shall be modified before 

6 January 1, 2009, to the extent practicable, to 

7 achieve the objectives described in clauses (i), 

8 (ii), and (iii) of subparagraph (A). 

9 ‘‘(C) REGULATIONS.—The Secretary shall 

10 promulgate regulations establishing design and 

11 construction standards to achieve the objectives of 

12 subparagraph (A) and providing guidance for 

13 modifications and practices under subparagraph 

14 (B). The Secretary shall incorporate the stand15 ards and guidance in the regulations governing 

16 the ballast water management plan. 

17 ‘‘(3) SEDIMENT RECEPTION FACILITIES.— 

18 ‘‘(A) STANDARDS.—The Administrator, 

19 shall promulgate regulations governing facilities 

20 for the reception of vessel sediment from spaces 

21 designed to carry ballast water that provide for 

22 the disposal of such sediment in a way that does 

23 not impair or damage the environment, human 

24 health, or property or resources of the disposal 

25 area. The Administrator may not prescribe 
74 

•S 363 RS 

1 standards under this subparagraph that are less 

2 stringent than any otherwise applicable Federal, 

3 State, or local law requirements. 

4 ‘‘(B) DESIGNATION.—The Administrator 

5 shall designate facilities for the reception of ves6 sel sediment that meet the requirements of the 

7 regulations promulgated under subparagraph 

8 (A) at ports and terminals where ballast tanks 

9 are cleaned or repaired. 

10 ‘‘(i) EXAMINATIONS AND CERTIFICATIONS.— 

11 ‘‘(1) INITIAL EXAMINATION.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall ex13 amine vessels to which this section applies to de14 termine whether— 

15 ‘‘(i) there is a ballast water manage16 ment plan for the vessel that meets the re17 quirements of this section; and 

18 ‘‘(ii) the equipment used for ballast 

19 water and sediment management in accord20 ance with the requirements of this section 

21 and the regulations promulgated hereunder 

22 is installed and functioning properly. 

23 ‘‘(B) NEW VESSELS.—For vessels con24 structed on or after January 1, 2009, the Sec25 retary shall conduct the examination required by 
75 

•S 363 RS 

1 subparagraph (A) before the vessel is placed in 

2 service. 

3 ‘‘(C) EXISTING VESSELS.—For vessels con4 structed before January 1, 2009, the Secretary 

5 shall— 

6 ‘‘(i) conduct the examination required 

7 by subparagraph (A) before the date on 

8 which subsection (f)(1) applies to the vessel 

9 according to the schedule in subsection 

10 (f)(3); and 

11 ‘‘(ii) inspect the vessel’s ballast water 

12 record book required by subsection (d). 

13 ‘‘(D) FOREIGN VESSELS.—In the case of a 

14 foreign vessel (as defined in section 2101(12) of 

15 title 46, United States Code), the Secretary shall 

16 perform the examination required by this para17 graph the first time the vessel enters a United 

18 States port. 

19 ‘‘(2) SUBSEQUENT EXAMINATIONS.—The Sec20 retary shall examine vessels no less frequently than 

21 once each year to ensure vessel compliance with the 

22 requirements of this section. 

23 ‘‘(3) INSPECTION AUTHORITY.—The Secretary 

24 may carry out such inspections of any vessel to which 

25 this section applies at any time, including the taking 
76 

•S 363 RS 

1 of ballast water samples, to ensure the vessel’s compli2 ance with this Act. 

3 ‘‘(4) REQUIRED CERTIFICATE.—If, on the basis 

4 of an initial examination under paragraph (1) the 

5 Secretary finds that a vessel complies with the re6 quirements of this section and the regulations promul7 gated hereunder, the Secretary shall issue a certificate 

8 under this paragraph as evidence of such compliance. 

9 The certificate shall be valid for a period of not more 

10 than 5 years, as specified by the Secretary. The cer11 tificate or a true copy shall be maintained on board 

12 the vessel. 

13 ‘‘(5) NOTIFICATION OF VIOLATIONS.—If the Sec14 retary finds, on the basis of an examination under 

15 paragraph (1) or (2), sampling under paragraph (3), 

16 or any other information, that a vessel is being oper17 ated in violation of the requirements of this section 

18 and the regulations promulgated hereunder, the Sec19 retary shall— 

20 ‘‘(A) notify— 

21 ‘‘(i) the master of the vessel; and 

22 ‘‘(ii) the captain of the port at the ves23 sel’s next port of call; and 

24 ‘‘(B) take such other action as may be ap25 propriate. 
77 

•S 363 RS 

1 ‘‘(6) COMPLIANCE MONITORING.—The Secretary 

2 shall by regulation establish sampling procedures to 

3 monitor compliance with the requirements of this sec4 tion. 

5 ‘‘(7) EDUCATION AND TECHNICAL ASSISTANCE

6 PROGRAMS.—The Secretary may carry out education 

7 and technical assistance programs and other measures 

8 to promote compliance with the requirements issued 

9 under this section. 

10 ‘‘(j) DETENTION OF VESSELS.— 

11 ‘‘(1) IN GENERAL.—The Secretary, by notice to 

12 the owner, charterer, managing operator, agent, mas13 ter, or other individual in charge of a vessel, may de14 tain that vessel if the Secretary has reasonable cause 

15 to believe that— 

16 ‘‘(A) the vessel is a vessel to which this sec17 tion applies; and 

18 ‘‘(B) the vessel does not comply with the re19 quirements of this section or of the regulations 

20 issued hereunder or is being operated in viola21 tion of such requirements. 

22 ‘‘(2) CLEARANCE.— 

23 ‘‘(A) IN GENERAL.—A vessel detained under 

24 paragraph (1) may obtain clearance under sec25 tion 4197 of the Revised Statutes (46 U.S.C. 
78 

•S 363 RS 

1 App. 91) only if the violation for which it was 

2 detained has been corrected. 

3 ‘‘(B) WITHDRAWAL.—If the Secretary finds 

4 that a vessel detained under paragraph (1) has 

5 received a clearance under section 4197 of the 

6 Revised Statutes (46 U.S.C. App. 91) before it 

7 was detained under paragraph (1), the Secretary 

8 shall withdraw, withhold, or revoke the clear9 ance. 

10 ‘‘(k) SANCTIONS.— 

11 ‘‘(1) CIVIL PENALTIES.—Any person who violates 

12 a regulation promulgated under this section shall be 

13 liable for a civil penalty in an amount not to exceed 

14 $32,500. Each day of a continuing violation con15 stitutes a separate violation. A vessel operated in vio16 lation of the regulations is liable in rem for any civil 

17 penalty assessed under this subsection for that viola18 tion. 

19 ‘‘(2) CRIMINAL PENALTIES.—Any person who 

20 knowingly violates the regulations promulgated under 

21 this section is guilty of a class C felony. 

22 ‘‘(3) REVOCATION OF CLEARANCE.—Except as 

23 provided in subsection (j)(2), upon request of the Sec24 retary, the Secretary of the Treasury shall withhold 

25 or revoke the clearance of a vessel required by section 
79 

•S 363 RS 

1 4197 of the Revised Statutes (46 U.S.C. App. 91), if 

2 the owner or operator of that vessel is in violation of 

3 the regulations issued under this section. 

4 ‘‘(4) EXCEPTION TO SANCTIONS.— 

5 ‘‘(A) IN GENERAL.—This subsection does 

6 not apply to a failure to exchange ballast water 

7 if— 

8 ‘‘(i) the master of a vessel, acting in 

9 good faith, decides that the exchange of bal10 last water will threaten the safety or sta11 bility of the vessel, its crew, or its pas12 sengers; and 

13 ‘‘(ii) the recordkeeping and reporting 

14 requirements of the Act are complied with. 

15 ‘‘(B) GREAT LAKES.—This paragraph does 

16 not apply to vessels operating in the Great 

17 Lakes. 

18 ‘‘(l) ENFORCEMENT.— 

19 ‘‘(1) ADMINISTRATIVE ACTIONS.—If the Sec20 retary finds, after notice and an opportunity for a 

21 hearing, that a person has violated any provision of 

22 this section or any regulation promulgated hereunder, 

23 the Secretary may assess a civil penalty for that vio24 lation. 
80 

•S 363 RS 

1 ‘‘(2) CIVIL ACTIONS.—At the request of the Sec2 retary, the Attorney General may bring a civil action 

3 in an appropriate district court of the United States 

4 to enforce this section, or any regulation promulgated 

5 hereunder. Any court before which such an action is 

6 brought may award appropriate relief, including tem7 porary or permanent injunctions and civil penalties. 

8 ‘‘(m) CONSULTATION WITH CANADA, MEXICO, AND

9 OTHER FOREIGN GOVERNMENTS.—In developing the guide10 lines issued and regulations promulgated under this section, 

11 the Secretary is encouraged to consult with the Government 

12 of Canada, the Government of Mexico, and any other gov13 ernment of a foreign country that the Secretary, after con14 sultation with the Task Force, determines to be necessary 

15 to develop and implement an effective international pro16 gram for preventing the unintentional introduction and 

17 spread of aquatic invasive species. 

18 ‘‘(n) INTERNATIONAL COOPERATION.—The Secretary, 

19 in cooperation with the Undersecretary, the Secretary of 

20 State, the Administrator, the heads of other relevant Federal 

21 agencies, the International Maritime Organization of the 

22 United Nations, and the Commission on Environmental 

23 Cooperation established pursuant to the North American 

24 Free Trade Agreement, is encouraged to enter into negotia25 tions with the governments of foreign countries to develop 
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1 and implement an effective international program for pre2 venting the unintentional introduction and spread of 

3 aquatic invasive species. The Secretary is particularly en4 couraged to seek bilateral or multilateral agreements with 

5 Canada, Mexico, and other nations in the Wider Caribbean 

6 (as defined in the Convention for the Protection and Devel7 opment of the Marine Environment of the Wider Caribbean 

8 (Cartagena Convention) under this section. 

9 ‘‘(o) NON-DISCRIMINATION.—The Secretary shall en10 sure that vessels registered outside of the United States do 

11 not receive more favorable treatment than vessels registered 

12 in the United States when the Secretary performs studies, 

13 reviews compliance, determines effectiveness, establishes re14 quirements, or performs any other responsibilities under 

15 this Act. 

16 ‘‘(p) SUPPORT FOR FEDERAL BALLAST WATER DEM17 ONSTRATION PROJECT.—In addition to amounts otherwise 

18 available to the Maritime Administration, the National 

19 Oceanographic and Atmospheric Administration, and the 

20 United States Fish and Wildlife Service for the Federal 

21 Ballast Water Demonstration Project, the Secretary shall 

22 provide support for the conduct and expansion of the 

23 project, including grants for research and development of 

24 innovative technologies for the management, treatment, and 

25 disposal of ballast water and sediment, for ballast water 
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1 exchange, and for other vessel vectors of aquatic invasive 

2 species such as hull-fouling. There are authorized to be ap3 propriated to the Secretary $5,000,000 for each of fiscal 

4 years 2006 through 2010 to carry out this subsection. 

5 ‘‘(q) CONSULTATION WITH TASK FORCE.—The Sec6 retary shall consult with the Task Force in carrying out 

7 this section. 

8 ‘‘(r) PREEMPTION.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2) but notwithstanding any other provision of 

11 law, the provisions of subsections (e) and (f) supersede 

12 any provision of State or local law that is incon13 sistent with the requirements of those subsections or 

14 that conflicts with the requirements of those sub15 sections. The imposition, by State or local law, of 

16 greater penalties or fees for acts or omissions that are 

17 violations of such law and also violations of this Act 

18 shall not be considered to be inconsistent with, or to 

19 conflict with, the requirements of those subsections. 

20 Nothing in the preceding sentence limits the scope of 

21 State or local law provisions that are not to be con22 sidered to be inconsistent with, or to conflict with, the 

23 requirements of those subsections 

24 ‘‘(2) RECEPTION FACILITIES.—The standards 

25 prescribed by the Administrator or the Secretary 
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1 under subsection (f)(2) do not supersede any more 

2 stringent standard under any otherwise applicable 

3 Federal, State, or local law. 

4 ‘‘(3) APPLICATION WITH OTHER STATUTES.— 

5 This section provides the Federal authority for ad6 dressing aquatic invasive species in ballast water or 

7 sediment. If there is a conflict between any otherwise 

8 applicable provision of Federal law and the require9 ments of this section, the provisions of this section 

10 shall control to the extent that such requirements re11 late to vessels with respect to aquatic invasive species 

12 in ballast water or sediment. 

13 ‘‘(s) REGULATIONS.— 

14 ‘‘(1) IN GENERAL.—The Secretary, after con15 sultation with the Administrator, shall issue such reg16 ulations as may be necessary initially to carry out 

17 this section within 1 year after the date of enactment 

18 of the Ballast Water Management Act of 2005. 

19 ‘‘(2) JUDICIAL REVIEW.— 

20 ‘‘(A) 120-DAY RULE.—An interested person 

21 may bring an action for review of a final regula22 tion promulgated under this section by the Sec23 retary of the department in which the Coast 

24 Guard is operating, or by the Administrator, in 

25 the United States Circuit Court of Appeals for 
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1 the Federal judicial district in which that person 

2 resides or transacts business which is directly af3 fected by that regulation only if that action is 

4 filed within— 

5 ‘‘(i) 120 days after the date on which 

6 the regulation is promulgated; or 

7 ‘‘(ii) more than 120 days after that 

8 date if the action is based on grounds that 

9 arose after that 120-day period. 

10 ‘‘(B) REVIEW IN ENFORCEMENT PRO11 CEEDINGS.—A regulation for which review could 

12 have been obtained under subparagraph (A) of 

13 this paragraph is not subject to judicial review 

14 in any civil or criminal proceeding for enforce15 ment.’’. 

16 (b) DEFINITIONS.—Section 1003 of the Nonindigenous 

17 Aquatic Nuisance Prevention and Control Act of 1990 (16 

18 U.S.C. 4702) is amended— 

19 (1) by redesignating— 

20 (A) paragraphs (1), (2), and (3) as para21 graphs (2), (3), and (4), respectively; 

22 (B) paragraphs (4), (5), (6), (7), and (8) as 

23 paragraphs (8), (9), (10), (11), and (12), respec24 tively; 
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1 (C) paragraphs (9) and (10) as paragraphs 

2 (13) and (14) respectively; 

3 (D) paragraphs (11) and (12) as para4 graphs (16) and (17), respectively; 

5 (E) paragraphs (13), (14), and (15) as 

6 paragraphs (19), (20), and (21), respectively; 

7 (F) paragraph (16) as paragraph (25); and 

8 (G) paragraph (17) as paragraph (22) and 

9 inserting it after paragraph (21), as redesig10 nated; 

11 (2) by striking ‘‘nuisance’’ in paragraph (2), as 

12 redesignated, and inserting ‘‘invasive’’; 

13 (3) by inserting before paragraph (2), as redesig14 nated, the following: 

15 ‘‘(1) ‘Administrator’ means the Administrator of 

16 the Environmental Protection Agency;’’; 

17 (4) by striking paragraph (4), as redesignated, 

18 and inserting the following: 

19 ‘‘(4) ‘ballast water’— 

20 ‘‘(A) means water taken on board a vessel 

21 to control trim, list, draught, stability, or 

22 stresses of the vessel, including matter suspended 

23 in such water; and 
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1 ‘‘(B) any water placed into a ballast tank 

2 during cleaning, maintenance, or other oper3 ations; but 

4 ‘‘(C) does not include water that, at the 

5 time of discharge, does not contain aquatic 

6 invasive species that was taken on board a vessel 

7 and used for a purpose described in subpara8 graph (A);’’; 

9 (5) by inserting after paragraph (4) the fol10 lowing: 

11 ‘‘(5) ‘ballast water capacity’ means the total vol12 umetric capacity of any tanks, spaces, or compart13 ments on a vessel that is used for carrying, loading, 

14 or discharging ballast water, including any multi-use 

15 tank, space, or compartment designed to allow car16 riage of ballast water; 

17 ‘‘(6) ‘ballast water management’ means mechan18 ical, physical, chemical, and biological processes used, 

19 either singularly or in combination, to remove, render 

20 harmless, or avoid the uptake or discharge of harmful 

21 aquatic organisms and pathogens within ballast 

22 water and sediment; 

23 ‘‘(7) ‘constructed’ means a state of construction 

24 of a vessel at which— 

25 ‘‘(A) the keel is laid; 
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1 ‘‘(B) construction identifiable with the spe2 cific vessel begins; 

3 ‘‘(C) assembly of the vessel has begun com4 prising at least 50 tons or 1 percent of the esti5 mated mass of all structural material of the ves6 sel, whichever is less; or 

7 ‘‘(D) the vessel undergoes a major conver8 sion;’’; 

9 (6) by inserting after paragraph (14), as redesig10 nated, the following: 

11 ‘‘(15) ‘major conversion’ means a conversion of 

12 a vessel, that— 

13 ‘‘(A) changes its ballast water carrying ca14 pacity by at least 15 percent; 

15 ‘‘(B) changes the vessel class; 

16 ‘‘(C) is projected to prolong the vessel’s life 

17 by at least 10 years (as determined by the Sec18 retary); or 

19 ‘‘(D) results in modifications to the vessel’s 

20 ballast water system, except— 

21 ‘‘(i) component replacement-in-kind; or 

22 ‘‘(ii) conversion of a vessel to meet the 

23 requirements of section 1101(e);’’; 

24 (7) by inserting after paragraph (17), as redesig25 nated, the following: 
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1 ‘‘(18) ‘sediment’ means matter that has settled 

2 out of ballast water within a vessel;’’; 

3 (8) by inserting after paragraph (22), as redesig4 nated, the following: 

5 ‘‘(23) ‘United States port’ means a port, river, 

6 harbor, or offshore terminal under the jurisdiction of 

7 the United States, including ports located in Puerto 

8 Rico, Guam, the Northern Marianas, and the United 

9 States Virgin Islands; 

10 ‘‘(24) ‘vessel of the Armed Forces’ means— 

11 ‘‘(A) any vessel owned or operated by the 

12 Department of Defense, other than a time or voy13 age chartered vessel; and 

14 ‘‘(B) any vessel owned or operated by the 

15 Department of Homeland Security that is des16 ignated by the Secretary of the department in 

17 which the Coast Guard is operating as a vessel 

18 equivalent to a vessel described in subparagraph 

19 (A);’’; and 

20 (9) by inserting after paragraph (25), as redesig21 nated, the following: 

22 ‘‘(26) ‘waters subject to the jurisdiction of the 

23 United States’ means navigable waters and the terri24 torial sea of the United States, the exclusive economic 

25 zone, and the Great Lakes.’’. 
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1 (c) CONFORMING AMENDMENTS.— 

2 (1) REPEAL OF SECTION 1103.—Section 1103 of 

3 the Nonindigenous Aquatic Nuisance Prevention and 

4 Control Act of 1990 (16 U.S.C. 4713) is repealed. 

5 (2) REFERENCES TO ‘‘AQUATIC NUISANCE’’.—The 

6 Nonindigenous Aquatic Nuisance Prevention and 

7 Control Act of 1990 (16 U.S.C. 4701 et seq.) is 

8 amended— 

9 (A) by striking ‘‘AQUATIC NUI10 SANCE’’ in the heading for title I of Public 

11 Law 101–646 (104 Stat. 4761) and inserting 

12 ‘‘AQUATIC INVASIVE SPECIES’’; 

13 (B) by striking ‘‘Aquatic Nuisance’’ in 

14 the headings for subtitles B and C of title I of 

15 Public Law 101–646 (104 Stat. 4761 et seq.) 

16 and inserting ‘‘Aquatic Invasive’’; 

17 (C) by striking ‘‘Aquatic Nuisance’’ in sec18 tion 1001 (16 U.S.C. 4701 note) and inserting 

19 ‘‘Aquatic Invasive Species’’; 

20 (D) by striking ‘‘Aquatic Nuisance’’ in sec21 tion 1003(19) (as redesignated) and inserting 

22 ‘‘Aquatic Invasive’’; 

23 (E) by striking ‘‘Aquatic Nuisance’’ in sec24 tion 1201(a) (16 U.S.C. 4721(a)) and inserting 

25 ‘‘Aquatic Invasive’’; 
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1 (F) by striking the heading for section 1202 

2 (16 U.S.C. 4722) and inserting the following: 

3 ‘‘SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM. ’’; 

4 (G) by striking the heading for section 1204 

5 (16 U.S.C. 4724) and inserting the following: 

6 ‘‘SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGE7 MENT PLANS. ’’; and 

8 (H) by striking ‘‘aquatic nuisance’’ each 

9 place it appears in the text of the Nonindigenous 

10 Aquatic Nuisance Prevention and Control Act of 

11 1990 (16 U.S.C. 4701 et seq.) and inserting 

12 ‘‘aquatic invasive’’. 

13 (3) REFERENCES IN OTHER LAWS, ETC.—Any 

14 reference to the Aquatic Nuisance Species Task Force 

15 in any other Federal law, Executive order, rule, regu16 lation, or delegation of authority, or any document or 

17 pertaining to the Aquatic Nuisance Species Task 

18 Force or a member or employee of the Aquatic Nui19 sance Species Task Force, is deemed to refer to the 

20 Aquatic Invasive Species Task Force or a member or 

21 employee of the Aquatic Invasive Species Task Force, 

22 as appropriate. 

23 (e) EFFECTIVE DATE.—Except as otherwise provided 

24 in section 1101 of the Nonindigenous Aquatic Nuisance Pre25 vention and Control Act of 1990 (16 U.S.C. 4711), as 
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1 amended by this section, the provisions of that section as 

2 so amended take effect on the date of enactment of this Act. 

3 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

4 Section 1301(a) of the Nonindigenous Aquatic Nui5 sance Prevention and Control Act of 1990 (16 U.S.C. 

6 4741(a)) is amended— 

7 (1) by striking ‘‘and’’ after the semicolon in 

8 paragraph (4)(B); 

9 (2) by striking ‘‘1102(f).’’ in paragraph (5)(B) 

10 and inserting ‘‘1102(f); and’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(6) $20,000,000 for each of fiscal years 2006 

13 through 2010 to the Secretary to carry out section 

14 1101.’’. 

15 SEC. 5. COAST GUARD REPORTS ON OTHER SOURCES OF 

16 VESSEL-BORNE INVASIVE SPECIES. 

17 (a) IN GENERAL.— 

18 (1) HULL-FOULING AND OTHER VESSEL

19 SOURCES.—Within 180 days after the date of enact20 ment of this Act, the Commandant of the Coast Guard 

21 shall transmit a report to the Senate Committee on 

22 Commerce, Science, and Transportation and the 

23 House of Representatives Committee on Transpor24 tation and Infrastructure on vessel-related vectors of 

25 harmful aquatic organisms and pathogens other than 
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1 ballast water and sediment, including vessel hulls and 

2 equipment, and from vessels equipped with ballast 

3 tanks that carry no ballast water on board. 

4 (2) BEST PRACTICES.—As soon as practicable, 

5 the Coast Guard shall develop best practices standards 

6 and procedures designed to reduce the introduction of 

7 invasive species into and within the United States 

8 from vessels and establish a timeframe for implemen9 tation of those standards and procedures by vessels, in 

10 addition to the mandatory requirements set forth in 

11 section 1101 for ballast water. Such standards and 

12 procedures should include designation of geographical 

13 locations for uptake and discharge of untreated bal14 last water, as well as standards and procedures for 

15 other vessel vectors of aquatic invasive species. The 

16 Commandant shall transmit a report to the Commit17 tees describing the standards and procedures devel18 oped and the implementation timeframe, together 

19 with any recommendations, including legislative rec20 ommendations if appropriate, the Commandant 

21 deems appropriate. The Secretary of the department 

22 in which the Coast Guard is operating may promul23 gate regulations to incorporate and enforce standards 

24 and procedures developed under this subsection. 
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1 (b) TRANSITING VESSELS.—Within 180 days after the 

2 date of enactment of this Act, the Commandant of the Coast 

3 Guard shall transmit a report to the Senate Committee on 

4 Commerce, Science, and Transportation and the House of 

5 Representatives Committee on Transportation and Infra6 structure containing— 

7 (1) an assessment of the magnitude and poten8 tial adverse impacts of ballast water operations from 

9 foreign vessels designed, adapted, or constructed to 

10 carry ballast water that are transiting waters subject 

11 to the jurisdiction of the United States; and 

12 (2) recommendations, including legislative rec13 ommendations if appropriate, of options for address14 ing ballast water operations of those vessels. 
Calendar No. 291 

109TH CONGRESS 

1ST SESSION S. 363 

[Report No. 109–181] 

A BILL 

To amend the Nonindigenous Aquatic Nuisance 

and for other purposes. vessel ballast water management requirements, Prevention and Control Act of 1990 to establish 

NOVEMBER 16, 2005 

Reported with an amendment