617 
operated in violation of any requirement 
of this section or regulation issued under 
this section, 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 appropriate. 
‘‘(7) COMPLIANCE MONITORING.— 
‘‘(A) IN
GENERAL.—The Secretary 
shall establish, by regulation, sam-
pling and other procedures to monitor 
compliance with the requirements of 
this section and the regulations issued 
under this section. 
‘‘(B) USE
OF
MARKERS.—The Sec-
retary may verify compliance with the 
discharge requirements of subsection 
(f) and the regulations issued under 
this section with respect to such re-
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quirements through identification of 
markers associated with a treatment 
technology’s effectiveness, such as the 
presence of indicators associated with 
a certified treatment technology. 
‘‘(8) EDUCATION AND TECHNICAL ASSIST-
ANCE PROGRAMS.—The Secretary may carry 
out education and technical assistance 
programs and other measures to promote 
compliance with the requirements of this 
section and the regulations issued under 
this section. 
‘‘(j) DETENTION
OF
VESSELS.—The Sec-
retary, by notice to the owner, charterer, man-
aging operator, agent, master, or other indi-
vidual in charge of a vessel, may detain 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 requirement of this section or regula-
tion issued under this section or is being 
operated in violation of such a require-
ment or regulation. 
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‘‘(k) SANCTIONS.— 
‘‘(1) CIVIL PENALTIES.—Any person who 
violates this section (including a regula-
tion issued under this section) shall be 
liable for a civil penalty in an amount not 
to exceed $32,500. Each day of a con-
tinuing violation constitutes a separate 
violation. 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 sub-
section for that violation. 
‘‘(2) 
CRIMINAL
PENALTIES.—Whoever 
knowingly 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.—Ex-
cept as provided in subsection (j)(2), upon 
request of the Secretary, the Secretary of 
the Treasury shall withhold or revoke the 
clearance of a vessel required by section 
60105 of title 46, United States Code, if the 
owner or operator of that vessel is in vio-
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lation of this section or a regulation 
issued under this section. 
‘‘(l) ENFORCEMENT.— 
‘‘(1) ADMINISTRATIVE
ACTIONS.—If the 
Secretary finds, after notice and an op-
portunity 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 viola-
tion. In determining the amount of the 
civil penalty, the Secretary shall take into 
account the nature, circumstances, extent, 
and gravity of the prohibited acts com-
mitted and, with respect to the violator, 
the degree of culpability, any history of 
prior violations, and such other matters 
as justice may require. 
‘‘(2) CIVIL ACTIONS.—At the request of 
the Secretary, the Attorney General may 
bring a civil action in an appropriate dis-
trict 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 ap-
propriate relief, including temporary or 
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permanent injunctions and civil pen-
alties. 
‘‘(m) CONSULTATION WITH CANADA, MEXICO, 
AND OTHER FOREIGN GOVERNMENTS.—In devel-
oping the guidelines and regulations to be 
issued under this section, the Secretary is en-
couraged to consult with the Government of 
Canada, the Government of Mexico and any 
other government of a foreign country that the 
Secretary, after consultation with the Task 
Force, determines to be necessary to develop 
and implement an effective international pro-
gram for preventing the unintentional intro-
duction and spread of aquatic nuisance spe-
cies through ballast water. 
‘‘(n) 
INTERNATIONAL
COOPERATION.—The 
Secretary, in cooperation with the Under Sec-
retary, the Secretary of State, the Adminis-
trator, the heads of other relevant Federal 
agencies, the International Maritime Organi-
zation of the United Nations, and the Commis-
sion on Environmental Cooperation estab-
lished pursuant to the North American Free 
Trade Agreement, is encouraged to enter into 
negotiations with the governments of foreign 
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countries to develop and implement an effec-
tive international program for preventing the 
unintentional introduction and spread of 
aquatic invasive species. The Secretary is par-
ticularly encouraged to seek bilateral or mul-
tilateral agreements with Canada, Mexico, 
and other nations in the Wider Caribbean Re-
gion (as defined in the Convention for the Pro-
tection and Development of the Marine Envi-
ronment 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 ensure that foreign vessels do not receive 
more favorable treatment than vessels of the 
United States when the Secretary performs 
studies, reviews compliance, determines effec-
tiveness, establishes requirements, or performs 
any other responsibilities under this Act. 
‘‘(p) CONSULTATION WITH TASK FORCE.—The 
Secretary shall consult with the Task Force in 
carrying out this section. 
‘‘(q) PREEMPTION.— 
‘‘(1) IN GENERAL.—Except as provided 
in subsection (i)(4) but notwithstanding 
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any other provision of law, the provisions 
of subsections (e) and (f) supersede any 
provision of State or local law that is in-
consistent with the requirements of those 
subsections or that conflicts with the re-
quirements of those subsections. 
‘‘(2) GREATER PENALTIES OR FEES.—For 
purpose of paragraph (1), the imposition 
by State or local law of greater penalties 
or fees for acts or omissions that are vio-
lations of such law and also violations of 
this Act or the imposition by a State of in-
centives under subsection (f)(9)(B) shall 
not be considered to be inconsistent, or to 
conflict, with the requirements of sub-
sections (e) and (f). 
‘‘(3) RECEPTION FACILITIES.—The stand-
ards issued by the Secretary or the heads 
of other appropriate Federal agencies 
under subsection (f)(2) do not supersede 
any more stringent standard under any 
otherwise applicable Federal, State, or 
local law. 
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‘‘(r) COAST
GUARD
REPORT
ON
OTHER 
SOURCES
OF
VESSEL-BOURNE
NUISANCE
SPE-
CIES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) HULL-FOULING AND OTHER VES-
SEL SOURCES.—Not later than 180 days 
after the date of enactment of the Bal-
last Water Treatment Act of 2007, the 
Secretary shall transmit a report to 
the Committee on Commerce, Science, 
and Transportation of the Senate and 
the Committee on Transportation and 
Infrastructure of the House of Rep-
resentatives on vessel-related path-
ways of harmful aquatic organisms 
and pathogens other than ballast 
water and sediment, including vessel 
hulls and equipment, and from vessels 
equipped with ballast tanks that 
carry no ballast water on board. 
‘‘(B) BEST PRACTICES.— 
‘‘(i) IN
GENERAL.—As soon as 
practicable, the Secretary shall 
develop best practices standards 
and procedures designed to reduce 
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the introduction and spread of 
invasive species into and within 
the United States from vessels and 
establish a timeframe for imple-
mentation of those standards and 
procedures by vessels. Such stand-
ards and procedures shall include 
designation of geographical loca-
tions for uptake and discharge of 
untreated ballast water, as well as 
standards and procedure for other 
vessel 
pathways 
of 
aquatic 
invasive species. 
‘‘(ii) REPORT.—The Secretary 
shall transmit a report to the com-
mittees referred to in subpara-
graph (A) describing the stand-
ards and procedures developed 
under this subparagraph and the 
implementation 
timeframe, 
to-
gether with such recommenda-
tions as the Secretary determines 
appropriate. 
‘‘(iii) REGULATIONS.—The Sec-
retary may issue regulations to in-
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626 
corporate and enforce standards 
and procedures developed under 
this paragraph. 
‘‘(2) TRANSITING
VESSELS.—Not later 
than 180 days after the date of enactment 
of the Ballast Water Treatment Act of 
2007, the Secretary shall transmit a re-
port to the Committee on Commerce, 
Science, and Transportation of the Senate 
and the Committee on Transportation and 
Infrastructure of the House of Representa-
tives containing— 
‘‘(A) an assessment of the mag-
nitude and potential adverse impacts 
of ballast water operations from for-
eign vessels designed, adapted, or con-
structed to carry ballast water that 
are transiting waters subject to the ju-
risdiction of the United States; and 
‘‘(B) recommendations, including 
legislative recommendations if appro-
priate, of options for addressing bal-
last water operations of those ves-
sels.’’. 
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(b) DEFINITIONS.—Section 1003 of the Non-
indigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4702) is amend-
ed— 
(1) by redesignating— 
(A) paragraphs (1), (2), and (3) as 
paragraphs (2), (3), and (4), respec-
tively; 
(B) paragraphs (4), (5), and (6) as 
paragraphs (8), (9), and (10), respec-
tively; 
(C) paragraphs (7), (8), (9), and 
(10) as paragraphs (12), (13), (14), and 
(15), respectively; 
(D) paragraphs (11) and (12) as 
paragraphs (17) and (18), respectively; 
(E) paragraphs (13), (14), and (15) 
as paragraphs (20), (21), and (22), re-
spectively; 
(F) paragraph (16) as paragraph 
(27); and 
(G) paragraph (17) as paragraph 
(23); 
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(2) by moving paragraph (23), as so 
redesignated, after paragraph (22), as so 
redesignated; 
(3) by inserting before paragraph (2), 
as so redesignated, the following: 
‘‘(1) ‘Administrator’ means the Admin-
istrator of the Environmental Protection 
Agency;’’; 
(4) by striking paragraph (4), as so re-
designated, and inserting the following: 
‘‘(4) ‘ballast water’ means— 
‘‘(A) water taken on board a vessel 
to control trim, list, draught, stability, 
or stresses of the vessel, including 
matter suspended in such water; or 
‘‘(B) any water placed into a bal-
last tank during cleaning, mainte-
nance, or other operations;’’; 
(5) by inserting after paragraph (4), 
as so redesignated and amended, the fol-
lowing: 
‘‘(5) ‘ballast water capacity’ means the 
total volumetric capacity of any tanks, 
spaces, or compartments on a vessel that 
is used for carrying, loading, or dis-
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charging ballast water, including any 
multi-use tank, space, or compartment de-
signed to allow carriage of ballast water; 
‘‘(6) 
‘ballast 
water 
management’ 
means mechanical, physical, chemical, 
and biological processes used, either sin-
gularly or in combination, to remove, 
render harmless, or avoid the uptake or 
discharge of harmful aquatic organisms 
and pathogens within ballast water and 
sediment; 
‘‘(7) ‘constructed’ means a state of con-
struction of a vessel at which— 
‘‘(A) the keel is laid; 
‘‘(B) construction identifiable with 
the specific vessel begins; 
‘‘(C) assembly of the vessel has 
begun comprising at least 50 tons or 1 
percent of the estimated mass of all 
structural 
material 
of 
the 
vessel, 
whichever is less; or 
‘‘(D) the vessel undergoes a major 
conversion;’’; 
(6) by inserting after paragraph (10), 
as so redesignated, the following: 
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‘‘(11) ‘foreign vessel’ has the meaning 
such term has under section 110 of title 
46, United States Code;’’; 
(7) by inserting after paragraph (15), 
as so redesignated, the following: 
‘‘(16) ‘major conversion’ means a con-
version of a vessel, that— 
‘‘(A) changes its ballast water car-
rying capacity by at least 15 percent; 
‘‘(B) changes the vessel class; 
‘‘(C) is projected to prolong the 
vessel’s life by at least 10 years (as de-
termined by the Secretary); or 
‘‘(D) results in modifications to 
the vessel’s ballast water system, ex-
cept— 
‘‘(i) component replacement- 
in-kind; or 
‘‘(ii) conversion of a vessel to 
meet the requirements of section 
1101(e);’’; 
(8) by inserting after paragraph (18), 
as so redesignated, the following: 
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‘‘(19) ‘sediment’ means matter that 
has settled out of ballast water within a 
vessel;’’; 
(9) in paragraph (12), as so redesig-
nated, by striking the period at the end 
and inserting a semicolon; 
(10) by inserting after paragraph (23), 
as so redesignated and moved, the fol-
lowing: 
‘‘(24) ‘United States port’ means a 
port, river, harbor, or offshore terminal 
under the jurisdiction of the United 
States, including ports located in Puerto 
Rico, Guam, and the United States Virgin 
Islands; 
‘‘(25) ‘vessel of the Armed Forces’ 
means— 
‘‘(A) any vessel owned or operated 
by the Department of Defense, other 
than a time or voyage chartered ves-
sel; and 
‘‘(B) any vessel owned or operated 
by the Department of Homeland Secu-
rity that is designated by the Sec-
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632 
retary as a vessel equivalent to a ves-
sel described in subparagraph (A); 
‘‘(26) ‘vessel of the United States’ has 
the meaning such term has under section 
116 of title 46, United States Code;’’; 
(11) in paragraph (23), as so redesig-
nated, by striking the period at the end 
and inserting ‘‘;’’; and 
(12) by inserting after paragraph (27), 
as so redesignated and amended, the fol-
lowing: 
‘‘(28) ‘waters subject to the jurisdic-
tion of the United States’ means navigable 
waters and the territorial sea of the 
United States, the exclusive economic 
zone, and the Great Lakes.’’. 
(c) REPEAL OF SECTION 1103.—Section 1103 
of the Nonindigenous Aquatic Nuisance Pre-
vention and Control Act of 1990 (16 U.S.C. 
4713) is repealed. 
(d) INTERIM FINAL RULE.—The Secretary 
shall issue an interim final rule as a tem-
porary regulation implementing the amend-
ments made by this section as soon as prac-
ticable after the date of enactment of this sec-
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tion, without regard to the provisions of chap-
ter 5 of title 5, United States Code. All regula-
tions issued under the authority of this sub-
section that are not earlier superseded by final 
regulations shall expire not later than one 
year after the date of enactment of this Act. 
SEC. 504. NATIONAL BALLAST WATER MANAGEMENT INFOR-
MATION. 
Section 1102 (16 U.S.C. 4712) is amended— 
(1) by adding at the end the following: 
‘‘(g) BALLAST WATER SURVEYS.— 
‘‘(1) IN GENERAL.—The Secretary shall 
conduct the following ballast water sur-
veys: 
‘‘(A) A survey of the number of liv-
ing organisms in untreated ballast 
water of a representative number of 
vessels, as determined by the Sec-
retary. 
‘‘(B) A survey of the number of liv-
ing organisms in the ballast water of 
a representative number of vessels, as 
determined by the Secretary, that has 
been exchanged on the high seas. 
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‘‘(C) Surveys of the number of liv-
ing organisms in the ballast water of 
vessels that are participating in a 
program to test and evaluate prom-
ising ballast water treatment, as ap-
proved by the Secretary. 
‘‘(2) REPORTS.—The Secretary shall 
submit to the Committee on Transpor-
tation and Infrastructure of the House of 
Representatives and the Committee on 
Commerce, Science, and Transportation 
of the Senate— 
‘‘(A) a report on the results of the 
surveys under subparagraphs (A) and 
(B) of paragraph (1) by not later than 
18 months after the date of the enact-
ment of the Ballast Water Treatment 
Act of 2007; and 
‘‘(B) a report on the results of the 
surveys required under subparagraph 
(C) of paragraph (1) upon completion 
of each demonstration concerned.’’; 
(2) in subsection (b)(1)(B)(ii), by strik-
ing ‘‘guidelines issued and’’; 
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(3) in subsection (b)(2)(B)(ii), by strik-
ing ‘‘voluntary guidelines issued, and reg-
ulations 
promulgated,’’ 
and 
inserting 
‘‘regulations promulgated’’; 
(4) in subsection (c)(1), by striking 
‘‘section 1101(b)’’ and inserting ‘‘section 
1101(a)’’; and 
(5) in subsection (f)(1)(B), by striking 
‘‘guidelines issued pursuant to section 
1101(c)’’ and inserting ‘‘regulations issued 
pursuant to section 1101’’. 
SEC. 505. BALLAST WATER MANAGEMENT EVALUATION AND 
DEMONSTRATION PROGRAM. 
Section 1104 (16 U.S.C. 4714) is amended— 
(1) by striking the section heading 
and inserting the following: 
‘‘SEC. 1104. BALLAST WATER TREATMENT TECHNOLOGY 
EVALUATION 
AND 
DEMONSTRATION 
PRO-
GRAMS.’’; 
(2) by striking subsection (a); 
(3) by redesignating subsection (b) as 
subsection (a); 
(4) by redesignating subsection (c) as 
subsection (d); 
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(5) in subsection (a), as so redesig-
nated— 
(A) by striking so much as pre-
cedes paragraph (2) and inserting the 
following: 
‘‘(a) SHIPBOARD TECHNOLOGY EVALUATION 
PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall 
establish a Shipboard Technology Evalua-
tion Program to evaluate alternative bal-
last water management methods aboard 
vessels to prevent aquatic nuisance spe-
cies from being introduced into and 
spread through discharges of ballast 
water in waters of the United States.’’; 
and 
(B) in paragraph (2) by striking 
‘‘of the technologies and practices 
used in the demonstration program’’ 
and inserting ‘‘of alternative ballast 
water management methods used in 
the program’’; 
(6) in subsection (a)(3), as so redesig-
nated, by striking ‘‘technologies and prac-
tices’’ 
and 
all 
that 
follows 
through 
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‘‘shall—’’ and inserting ‘‘ballast water 
treatment technologies on vessels under 
this subsection, the Secretary shall—’’; 
(7) in subsection (a)(3)(A), as so redes-
ignated, by striking clause (i) and by re-
designating clauses (ii) and (iii) in order 
as clauses (i) and (ii); 
(8) 
by 
amending 
subsection 
(a)(3)(A)(i), as so redesignated, to read as 
follows: 
‘‘(i) have ballast water systems 
conducive to testing aboard the 
vessel; and’’; 
(9) by amending subsection (a)(3)(C), 
as so redesignated, to read as follows: 
‘‘(C) seek to use a variety of vessel 
types.’’; 
(10) by amending subsection (a)(4), as 
so redesignated, to read as follows: 
‘‘(4) SELECTION
OF
ALTERNATIVE
BAL-
LAST
WATER
MANAGEMENT
METHODS.—In 
order for a ballast water treatment tech-
nology to be eligible to be installed on ves-
sels for evaluation under this section, 
such technology must be, at a minimum— 
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‘‘(A) determined by the Secretary 
to have the demonstrated potential to 
reduce 
the 
number 
of 
organisms 
greater than or equal to 50 microns in 
minimum dimension in discharged 
ballast water to fewer than 10 living 
organisms per cubic meter of water; 
‘‘(B) cost-effective; 
‘‘(C) environmentally sound; 
‘‘(D) operationally practical; 
‘‘(E) able to be retrofitted on exist-
ing vessels or incorporated in new ves-
sel design (or both); 
‘‘(F) safe for a vessel and crew; 
and 
‘‘(G) accessible to monitoring.’’; 
(11) in subsection (a), as so redesig-
nated, by adding at the end the following: 
‘‘(6) AUTHORITY
OF
SECRETARY
TO
RE-
VIEW AND REVISE CRITERIA.—The Secretary 
may review and revise the criteria de-
scribed in paragraph (4)(A) to require 
ballast water treatment technologies to 
meet a more stringent ballast water dis-
charge standard, including standards 
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639 
promulgated under section 1101(f), before 
being eligible for installation aboard ves-
sels under the program.’’; 
(12) by inserting after subsection (a), 
as so redesignated, the following: 
‘‘(b) SHIPBOARD TECHNOLOGY DEMONSTRA-
TION PROGRAM.— 
‘‘(1) IN
GENERAL.—The Under Sec-
retary, with the concurrence of and in co-
operation with the Secretary, shall con-
duct a program to demonstrate ballast 
water treatment technologies evaluated 
aboard vessels under subsection (a) to 
prevent aquatic nuisance species from 
being introduced into and spread through 
ballast water in waters of the United 
States. 
‘‘(2) LOCATION.—The installation and 
construction of ballast water treatment 
technologies used in the demonstration 
program under this subsection shall be 
performed in the United States. 
‘‘(3) VESSEL ELIGIBILITY.—Vessels eligi-
ble to participate in the demonstration 
program under this subsection shall con-
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640 
sist only of vessels that have been accept-
ed into and are actively participating in 
the 
Shipboard 
Technology 
Evaluation 
Program under subsection (a). 
‘‘(4) GRANTS.— 
‘‘(A) IN GENERAL.—The Under Sec-
retary shall establish a grant pro-
gram to provide funding for acquir-
ing, installing, and operating ballast 
water treatment technologies aboard 
vessels participating in the program 
under this subsection. 
‘‘(B) 
MATCHING
REQUIREMENTS.— 
The amount of Federal funds used for 
any demonstration project under this 
subsection— 
‘‘(i) 
shall 
not 
exceed 
$1,000,000; and 
‘‘(ii) shall not exceed 50 per-
cent of the total cost of such 
project. 
‘‘(c) 
ALTERNATIVE
SHIP
PATHWAY
PRO-
GRAM.— 
‘‘(1) IN
GENERAL.—The Under Sec-
retary, with the concurrence of and in co-
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641 
operation with the Secretary, shall con-
duct a program to demonstrate and verify 
technologies and practices to monitor and 
control 
the 
introduction 
of 
aquatic 
invasive species by ship pathways other 
than the release of ballast water. 
‘‘(2) 
SELECTION
OF
METHODS.—The 
Under Secretary may not select tech-
nologies and practices for demonstration 
or verification under paragraph (1) un-
less such technologies and practices, in 
the determination of the Under Secretary, 
in consultation with the Secretary, meet 
the criteria outlined in subparagraphs 
(B) through (G) of subsection (a)(4). 
‘‘(3) LOCATION.—The installation and 
construction of technologies and practices 
for demonstration and verification under 
this subsection shall be performed in the 
United States.’’; and 
(13) in subsection (d), as so redesig-
nated, by striking ‘‘Secretary of the Inte-
rior’’ each place it appears and inserting 
‘‘Secretary, 
in 
consultation 
with 
the 
Under Secretary,’’. 
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