with 
environmental 
soundness 
criteria promulgated under para-
graph (7)(A); and 
‘‘(bb) approve those ballast 
water treatment systems that 
meet those criteria; and 
‘‘(II) the Secretary, in consulta-
tion with the Task Force, shall, not 
later than 180 days after the date of 
receipt of the application— 
‘‘(aa) determine whether the 
ballast water treatment system 
covered by the application meets 
the requirements of this sub-
section, as appropriate; 
‘‘(bb) approve or disapprove 
the application; and 
‘‘(cc) provide the applicant 
written notice of approval or dis-
approval. 
‘‘(ii) LIMITATIONS.—An application 
approved under clause (i) shall— 
‘‘(I) be qualified with any limita-
tions relating to voyage pattern, dura-
tion, or any other characteristic that 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
may affect the effectiveness or envi-
ronmental soundness of the ballast 
water treatment system covered by 
the application, as determined by the 
Secretary in consultation with the Ad-
ministrator; 
‘‘(II) be applicable to a specific 
ship or group of ships, as determined 
by the Secretary; 
‘‘(III) be valid for the lesser of— 
‘‘(aa) a period of 10 years 
or the expected useful life of the 
treatment system, whichever is 
earlier; or 
‘‘(bb) until such time as the 
Secretary or Administrator (as 
appropriate) 
determines 
that 
(based on available information, 
including information developed 
pursuant 
to 
paragraph 
(4)(B)(iii)) there exists a serious 
deficiency in performance or envi-
ronmental soundness of the sys-
tem relative to anticipated per-
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
formance 
or 
environmental 
soundness; and 
‘‘(IV) be renewed if— 
‘‘(aa) the Secretary deter-
mines that the ballast water 
treatment system remains in 
compliance with applicable stand-
ards as of the date of application 
for renewal; or 
‘‘(bb) the remaining useful 
life of the vessel is less than 10 
years. 
‘‘(7) ENVIRONMENTAL
SOUNDNESS
CRITERIA 
FOR BALLAST TREATMENTS.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall include in criteria promulgated under sec-
tion 1202(k)(1)(A) specific criteria— 
‘‘(i) to ensure environmental sound-
ness of ballast treatment systems; and 
‘‘(ii) to grant environmental sound-
ness exceptions under subparagraph (B). 
‘‘(B) EXCEPTIONS.— 
‘‘(i) IN GENERAL.—In reviewing appli-
cations under paragraph (6)(B)(i)(I) in an 
emergency situation to achieve reductions 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
in significant and acute risk of transfers of 
invasive species by vessels, the Secretary 
and the Administrator may jointly deter-
mine to make an exception to criteria de-
scribed in subparagraph (A)(i). 
‘‘(ii) QUALIFICATION
OF
APPROV-
ALS.—To be eligible for an exception under 
clause (i), an approval under paragraph 
(6)(B)(i)(I) shall be qualified under para-
graph (6)(B)(ii). 
‘‘(8) PENALTIES.—Paragraphs (1) and (2) of 
subsection (g) shall apply to a violation of a regula-
tion promulgated under this subsection.’’. 
SEC. 105. REQUIREMENTS FOR NEW VESSELS. 
Section 1101 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711) is 
further amended by inserting after subsection (b) the fol-
lowing: 
‘‘(c) DESIGN FEATURES AND TREATMENT SYSTEMS 
FOR NEW VESSELS.—A vessel of which construction be-
gins on or after January 1, 2006, shall be equipped with 
design features and ballast water treatment systems that 
meet, at a minimum— 
‘‘(1) the interim standards described in sub-
section (b)(1)(B)(ii); or 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
‘‘(2) on promulgation of final standards pursu-
ant to subsection (b)(2)(A), such final standard as 
is applicable to the vessel.’’. 
SEC. 106. GREAT LAKES PROGRAM. 
Section 1101 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711) is 
further amended by inserting after subsection (c) the fol-
lowing: 
‘‘(d) GREAT LAKES PROGRAM.— 
‘‘(1) CONTINUITY OF REGULATIONS AND GREAT 
LAKES PROGRAM.— 
‘‘(A) REGULATIONS.—Regulations promul-
gated under subsection (b) of this section, as in 
effect immediately before the enactment of the 
National Aquatic Invasive Species Act of 2005, 
shall remain in effect until such time as the 
regulations are revised or replaced by regula-
tions promulgated pursuant to the National 
Aquatic Invasive Species Act of 2005. 
‘‘(B) RELATIONSHIP
TO
OTHER
PRO-
GRAMS.—Upon implementation of a national 
mandatory ballast management program that is 
at least as comprehensive as the Great Lakes 
program established under subsection (b) of 
this section, as in effect immediately before the 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS
enactment of the National Aquatic Invasive 
Species Act of 2005, including regulations 
under that section (as determined by the Sec-
retary, in consultation with the Governors of 
Great Lakes States)— 
‘‘(i) the program regulating vessels 
and ballast water in the Great Lakes 
under this section shall terminate; and 
‘‘(ii) the national program shall apply 
to such vessels and ballast water. 
‘‘(2) REVIEW AND REVISION.— 
‘‘(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of the Na-
tional Aquatic Invasive Species Act of 2005, the 
Secretary shall— 
‘‘(i) review and revise regulations pro-
mulgated under this subsection; and 
‘‘(ii) promulgate the revised regula-
tions. 
‘‘(B) CONTENTS.—The revised regulations 
shall include at a minimum requirements under 
subsections (a) and (b) of this section.’’. 
SEC. 107. AUTHORITY OF SECRETARY; REGULATIONS. 
Section 1101 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711) is 
VerDate Aug 31 2005 
18:47 Apr 13, 2006
Jkt 049200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H5100.IH
H5100
dsatterwhite on PROD1PC76 with BILLS