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priate district court of the United States to 
compel compliance. 
‘‘(4) STATE PROGRAMS.— 
‘‘(A) SUBMISSION TO SECRETARY.—At any 
time after the date of issuance of ballast water 
treatment regulations issued under this section, 
the Governor of each State desiring to admin-
ister its own inspection and enforcement au-
thority for ballast water discharges within its 
jurisdiction may submit to the Secretary a com-
plete description of the program the Governor 
proposes to establish and administer under 
State law. In addition, the Governor shall sub-
mit a statement from the attorney general that 
the laws of such State provide adequate author-
ity to carry out the described program. 
‘‘(B) APPROVAL.—The Secretary shall ap-
prove a program submitted under subparagraph 
(A), unless the Secretary determines that ade-
quate resources do not exist or, in the case of 
ballast water testing, that adequate scientific 
expertise does not exist— 
‘‘(i) to inspect, monitor, and board 
any vessel to which this section applies at 
any time, including the taking and testing 
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of ballast water samples, to ensure the ves-
sel’s compliance with this section; 
‘‘(ii) to ensure that any ballast water 
discharged within the waters subject to the 
jurisdiction of the State meet the ballast 
water requirements of this section and the 
regulations issued under this section, in-
cluding any revisions to such requirements 
and regulations; 
‘‘(iii) to establish adequate procedures 
for reporting violations of this section; 
‘‘(iv) to investigate and abate viola-
tions of this section, including civil and 
criminal penalties and other ways and 
means of enforcement; and 
‘‘(v) to ensure that the Secretary re-
ceives notice of each violation of the ballast 
water treatment requirements issued under 
this section in an expeditious manner. 
‘‘(C) COMPLIANCE.—Any State program 
approved under this paragraph shall at all 
times be conducted in accordance with this sec-
tion and regulations issued under this section. 
‘‘(D) 
WITHDRAWAL
OF
APPROVAL.— 
Whenever the Secretary determines, after public 
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hearing, that a State is not administering a 
program approved under this paragraph in ac-
cordance with this section and regulations 
issued under this section, the Secretary shall 
notify the State and, if appropriate corrective 
action is not taken within a reasonable period 
of time not to exceed 90 days, the Secretary 
shall withdraw approval of the program. The 
Secretary shall not withdraw approval of any 
program unless the Secretary shall first have 
notified the State, and made public, in writing, 
the reasons for such withdrawal. 
‘‘(E) LIMITATION
ON
STATUTORY
CON-
STRUCTION.—Nothing in this paragraph shall 
limit the authority of the Secretary carry out 
inspections and investigations of any vessels 
under paragraph (3). 
‘‘(5) REQUIRED CERTIFICATE.—If, on the basis 
of an initial examination under paragraph (1), the 
Secretary finds that a vessel complies with the re-
quirements of this section and the regulations issued 
under this section, the Secretary shall issue a certifi-
cate under this paragraph as evidence of such com-
pliance. The certificate shall be valid for a period of 
not more than 5 years, as specified by the Secretary. 
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The certificate or a true copy shall be maintained on 
board the vessel. 
‘‘(6) NOTIFICATION
OF
VIOLATIONS.—If the 
Secretary finds, on the basis of an examination 
under paragraph (1) or (2), investigation under 
paragraph (3), or any other information, that a ves-
sel is being operated in violation of any requirement 
of this section or regulation issued under this sec-
tion, the Secretary shall— 
‘‘(A) notify, in writing— 
‘‘(i) the master of the vessel; and 
‘‘(ii) the captain of the port at the 
vessel’s next port of call; 
‘‘(B) remove from the vessel the certificate 
issued under paragraph (5); 
‘‘(C) take such other action as may be ap-
propriate. 
‘‘(7) COMPLIANCE MONITORING.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish, by regulation, sampling and other 
procedures to monitor compliance with the re-
quirements of this section and the regulations 
issued under this section. 
‘‘(B) USE
OF
MARKERS.—The Secretary 
may verify compliance with the discharge re-
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quirements of subsection (f) and the regulations 
issued under this section with respect to such 
requirements through identification of markers 
associated with a treatment technology’s effec-
tiveness, such as the presence of indicators as-
sociated with a certified treatment technology. 
‘‘(8) EDUCATION AND TECHNICAL ASSISTANCE 
PROGRAMS.—The Secretary may carry out education 
and technical assistance programs and other meas-
ures to promote compliance with the requirements of 
this section and the regulations issued under this 
section. 
‘‘(9) REPORT.—Beginning 1 year after final 
regulations have been adopted pursuant to this sec-
tion after the enactment of the Ballast Water Treat-
ment Act of 2008, and annually thereafter, the Sec-
retary shall prepare a report summarizing the re-
sults of ballast water inspection and enforcement ac-
tivities. The report shall, at a minimum, include in-
formation on the number of vessels inspected and 
the type of inspections, the status of implementation 
of treatment technologies, the number of exemptions 
claimed from ballast water exchange requirements, 
the number of violations, a summary of enforcement 
and regulatory actions, and overall compliance sta-
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tistics. The report shall be made available on the 
National Ballast Information Clearinghouse estab-
lished under section 1102(f). 
‘‘(j) DETENTION OF VESSELS.—The Secretary, by 
notice to the owner, charterer, managing operator, agent, 
master, or other individual in charge of a vessel, may de-
tain that vessel if the Secretary has reasonable cause to 
believe that— 
‘‘(1) the vessel is a vessel to which this section 
applies; and 
‘‘(2) the vessel does not comply with any re-
quirement of this section or regulation issued under 
this section or is being operated in violation of such 
a requirement or regulation. 
‘‘(k) SANCTIONS.— 
‘‘(1) CIVIL PENALTIES.—Any person who vio-
lates this section (including a regulation issued 
under this section) shall be liable for a civil penalty 
in an amount not to exceed $32,500. Each day of 
a continuing violation constitutes a separate viola-
tion. A vessel operated in violation of this section 
(including a regulation issued under this section) is 
liable in rem for any civil penalty assessed under 
this subsection for that violation. 
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‘‘(2) CRIMINAL
PENALTIES.—Whoever know-
ingly violates this section (including a regulation 
issued under this section) shall be fined under title 
18, United States, or imprisoned not more than 12 
years, or both. 
‘‘(3) REVOCATION OF CLEARANCE.—Except as 
provided in subsection (j)(2), upon request of the 
Secretary, the Secretary of the Treasury shall with-
hold or revoke the clearance of a vessel required by 
section 60105 of title 46, United States Code, if the 
owner or operator of that vessel is in violation of 
this section or a regulation issued under this section. 
‘‘(l) ENFORCEMENT.— 
‘‘(1) ADMINISTRATIVE
ACTIONS.—If the Sec-
retary finds, after notice and an opportunity for a 
hearing, that a person has violated this section or a 
regulation issued under this section, the Secretary 
may assess a civil penalty for that violation. In de-
termining the amount of the civil penalty, the Sec-
retary shall take into account the nature, cir-
cumstances, extent, and gravity of the prohibited 
acts committed and, with respect to the violator, the 
degree of culpability, any history of prior violations, 
and such other matters as justice may require. 
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‘‘(2) CIVIL
ACTIONS.—At the request of the 
Secretary, the Attorney General may bring a civil 
action in an appropriate district court of the United 
States to enforce this section or any regulation 
issued under this section. Any court before which 
such an action is brought may award appropriate re-
lief, including temporary or permanent injunctions 
and civil penalties. 
‘‘(m) CONSULTATION WITH CANADA, MEXICO, AND 
OTHER
FOREIGN
GOVERNMENTS.—In developing the 
guidelines and regulations to be issued under this section, 
the Secretary is encouraged to consult with the Govern-
ment of Canada, the Government of Mexico and any other 
government of a foreign country that the Secretary, after 
consultation with the Task Force, determines to be nec-
essary to develop and implement an effective international 
program for preventing the unintentional introduction and 
spread of aquatic nuisance species through ballast water. 
‘‘(n) INTERNATIONAL
COOPERATION.—The Sec-
retary, in cooperation with the Under Secretary, the Sec-
retary of State, the Administrator, the heads of other rel-
evant Federal agencies, the International Maritime Orga-
nization of the United Nations, and the Commission on 
Environmental Cooperation established pursuant to the 
North American Free Trade Agreement, is encouraged to 
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enter into negotiations with the governments of foreign 
countries to develop and implement an effective inter-
national program for preventing the unintentional intro-
duction and spread of aquatic invasive species. The Sec-
retary is particularly encouraged to seek bilateral or multi-
lateral agreements with Canada, Mexico, and other na-
tions in the Wider Caribbean Region (as defined in the 
Convention for the Protection and Development of the Ma-
rine Environment of the Wider Caribbean, signed at 
Cartagena on March 24, 1983 (TIAF 11085), to carry 
out the objectives of this section. 
‘‘(o) NONDISCRIMINATION.—The Secretary shall en-
sure that foreign vessels do not receive more favorable 
treatment than vessels of the United States when the Sec-
retary performs studies, reviews compliance, determines 
effectiveness, establishes requirements, or performs any 
other responsibilities under this Act. 
‘‘(p) CONSULTATION WITH TASK FORCE.—The Sec-
retary shall consult with the Task Force in carrying out 
this section. 
‘‘(q) PREEMPTION.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (i)(4) and paragraph (4) of this subsection 
but notwithstanding any other provision of law, the 
provisions of subsections (e) and (f) supersede any 
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provision of State or local law that is inconsistent 
with the requirements of those subsections or that 
conflicts with the requirements of those subsections. 
‘‘(2) GREATER PENALTIES OR FEES.—For pur-
pose of paragraph (1), the imposition by State or 
local law of greater penalties or fees for acts or 
omissions that are violations of such law and also 
violations of this Act or the imposition by a State of 
incentives under subsection (f)(9)(B) shall not be 
considered to be inconsistent, or to conflict, with the 
requirements of subsections (e) and (f). 
‘‘(3) RECEPTION
FACILITIES.—The standards 
issued by the Secretary or the heads of other appro-
priate Federal agencies under subsection (f)(2) do 
not supersede any more stringent standard under 
any otherwise applicable Federal, State, or local law. 
‘‘(4) LIMITATION ON APPLICATION.—Until Jan-
uary 1, 2012, this subsection does not apply to a 
State law requiring ballast water treatment and any 
regulations prescribed under that law as those laws 
and regulations were in effect on January 1, 2007. 
‘‘(r) LEGAL ACTIONS.— 
‘‘(1) CIVIL ACTION.—Any person may petition 
the Secretary to bring a civil action in an appro-
priate district court of the United States to enforce 
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this section, or any regulation promulgated here-
under. Within 90 days after receiving such a peti-
tion, the Secretary shall— 
‘‘(A) respond to the person filing the peti-
tion with a determination of whether a violation 
of this section, or any regulation promulgated 
hereunder, has occurred or is occurring; and 
‘‘(B) if the Secretary determines that a 
violation of this section, or any regulation pro-
mulgated hereunder, has occurred or is occur-
ring— 
‘‘(i) immediately bring a civil action in 
an appropriate district court of the United 
States to enforce this section, or any regu-
lation promulgated hereunder; or 
‘‘(ii) demonstrate that the violation 
has ceased. 
‘‘(2) RELIEF.—Any court before which such an 
action is brought may award appropriate relief, in-
cluding temporary or permanent injunctive relief and 
civil penalties. 
‘‘(s) COAST GUARD REPORT ON OTHER SOURCES OF 
VESSEL-BOURNE NUISANCE SPECIES.— 
‘‘(1) IN GENERAL.— 
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