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‘‘(A) HULL-FOULING AND OTHER VESSEL 
SOURCES.—Not later than 180 days after the 
date of enactment of the Ballast Water Treat-
ment Act of 2008, the Secretary shall transmit 
a report to the Committee on Commerce, 
Science, and Transportation of the Senate and 
the Committee on Transportation and Infra-
structure of the House of Representatives on 
vessel-related pathways of harmful aquatic or-
ganisms and pathogens other than ballast water 
and sediment, including vessel hulls and equip-
ment, and from vessels equipped with ballast 
tanks that carry no ballast water on board. 
‘‘(B) BEST PRACTICES.— 
‘‘(i) IN GENERAL.—As soon as prac-
ticable, the Secretary shall develop best 
practices standards and procedures de-
signed to reduce the introduction and 
spread of invasive species into and within 
the United States from vessels and estab-
lish a timeframe for implementation of 
those standards and procedures by vessels. 
Such standards and procedures shall in-
clude designation of geographical locations 
for uptake and discharge of untreated bal-
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last water, as well as standards and proce-
dure for other vessel pathways of aquatic 
invasive species. 
‘‘(ii) REPORT.—The Secretary shall 
transmit a report to the committees re-
ferred to in subparagraph (A) describing 
the standards and procedures developed 
under this subparagraph and the imple-
mentation timeframe, together with such 
recommendations as the Secretary deter-
mines appropriate. 
‘‘(iii) REGULATIONS.—The Secretary 
may issue regulations to incorporate and 
enforce standards and procedures devel-
oped under this paragraph. 
‘‘(2) TRANSITING
VESSELS.—Not later than 
180 days after the date of enactment of the Ballast 
Water Treatment Act of 2008, 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 Representatives containing— 
‘‘(A) an assessment of the magnitude and 
potential adverse impacts of ballast water oper-
ations from foreign vessels designed, adapted, 
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or constructed to carry ballast water that are 
transiting waters subject to the jurisdiction of 
the United States; and 
‘‘(B) recommendations, including legisla-
tive recommendations if appropriate, of options 
for addressing ballast water operations of those 
vessels.’’. 
(b) DEFINITIONS.—Section 1003 of the Nonindige-
nous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4702) is amended— 
(1) by redesignating— 
(A) paragraphs (1), (2), and (3) as para-
graphs (2), (3), and (4), respectively; 
(B) paragraphs (4), (5), and (6) as para-
graphs (8), (9), and (10), respectively; 
(C) paragraphs (7), (8), (9), and (10) as 
paragraphs (12), (13), (14), and (15), respec-
tively; 
(D) paragraphs (11) and (12) as para-
graphs (17) and (18), respectively; 
(E) paragraphs (13), (14), and (15) as 
paragraphs (20), (21), and (22), respectively; 
(F) paragraph (16) as paragraph (27); and 
(G) paragraph (17) as paragraph (23); 
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(2) by moving paragraph (23), as so redesig-
nated, after paragraph (22), as so redesignated; 
(3) by inserting before paragraph (2), as so re-
designated, the following: 
‘‘(1) ‘Administrator’ means the Administrator 
of the Environmental Protection Agency;’’; 
(4) by striking paragraph (4), as so redesig-
nated, and inserting the following: 
‘‘(4) ‘ballast water’ means— 
‘‘(A) water taken on board a vessel to con-
trol trim, list, draught, stability, or stresses of 
the vessel, including matter suspended in such 
water; or 
‘‘(B) any water placed into a ballast tank 
during cleaning, maintenance, or other oper-
ations;’’; 
(5) by inserting after paragraph (4), as so re-
designated and amended, the following: 
‘‘(5) ‘ballast water capacity’ means the total 
volumetric capacity of any tanks, spaces, or com-
partments on a vessel that is used for carrying, load-
ing, or discharging ballast water, including any 
multi-use tank, space, or compartment designed to 
allow carriage of ballast water; 
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‘‘(6) ‘ballast water management’ means me-
chanical, physical, chemical, and biological processes 
used, either singularly 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 construction 
of a vessel at which— 
‘‘(A) the keel is laid; 
‘‘(B) construction identifiable with the spe-
cific 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 conver-
sion;’’; 
(6) by inserting after paragraph (10), as so re-
designated, the following: 
‘‘(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 re-
designated, the following: 
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‘‘(16) ‘major conversion’ means a conversion of 
a vessel, that— 
‘‘(A) changes its ballast water carrying ca-
pacity 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 determined by the Sec-
retary); or 
‘‘(D) results in modifications to the vessel’s 
ballast water system, except— 
‘‘(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 re-
designated, the following: 
‘‘(19) ‘sediment’ means matter that has settled 
out of ballast water within a vessel;’’; 
(9) in paragraph (12), as so redesignated, by 
striking the period at the end and inserting a semi-
colon; 
(10) by inserting after paragraph (23), as so 
redesignated and moved, the following: 
‘‘(24) ‘United States port’ means a port, river, 
harbor, or offshore terminal under the jurisdiction of 
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