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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 vessel; and 
‘‘(B) any vessel owned or operated by the 
Department of Homeland Security that is des-
ignated by the Secretary as a vessel equivalent 
to a vessel 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;’’; and 
(11) in paragraph (23), as so redesignated, by 
striking the period at the end and inserting ‘‘;’’. 
(c) REPEAL OF SECTION 1103.—Section 1103 of the 
Nonindigenous Aquatic Nuisance Prevention 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Act of 1990 (16 U.S.C. 4713) is repealed.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 temporary regulation im-
plementing the amendments made by this section as soon 
as practicable after the date of enactment of this section, 
without regard to the provisions of chapter 5 of title 5, 
United States Code. All regulations issued under the au-
thority of this subsection that are not earlier superseded 
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by final regulations shall expire not later than one year 
after the date of enactment of this Act. 
SEC. 504. NATIONAL BALLAST WATER MANAGEMENT IN-
FORMATION. 
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 con-
duct the following ballast water surveys: 
‘‘(A) A survey of the number of living or-
ganisms in untreated ballast water of a rep-
resentative number of vessels, as determined by 
the Secretary. 
‘‘(B) A survey of the number of living or-
ganisms in the ballast water of a representative 
number of vessels, as determined by the Sec-
retary, that has been exchanged on the high 
seas. 
‘‘(C) Surveys of the number of living orga-
nisms in the ballast water of vessels that are 
participating in a program to test and evaluate 
promising ballast water treatment, as approved 
by the Secretary. 
‘‘(2) REPORTS.—The Secretary shall submit to 
the Committee on Transportation and Infrastructure 
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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 enactment of the Ballast Water Treatment 
Act of 2008; and 
‘‘(B) a report on the results of the surveys 
required under subparagraph (C) of paragraph 
(1) upon completion of each demonstration con-
cerned.’’; 
(2) in subsection (b)(1)(B)(ii), by striking 
‘‘guidelines issued and’’; 
(3) in subsection (b)(2)(B)(ii), by striking ‘‘vol-
untary guidelines issued, and regulations promul-
gated,’’ 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 ‘‘guide-
lines issued pursuant to section 1101(c)’’ and insert-
ing ‘‘regulations issued pursuant to section 1101’’. 
SEC. 505. BALLAST WATER MANAGEMENT EVALUATION 
AND DEMONSTRATION PROGRAM. 
Section 1104 (16 U.S.C. 4714) is amended— 
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(1) by striking the section heading and insert-
ing the following: 
‘‘SEC. 1104. BALLAST WATER TREATMENT TECHNOLOGY 
EVALUATION 
AND 
DEMONSTRATION 
PRO-
GRAMS.’’; 
(2) by striking subsection (a); 
(3) by redesignating subsection (b) as sub-
section (a); 
(4) by redesignating subsection (c) as sub-
section (d); 
(5) in subsection (a), as so redesignated— 
(A) by striking so much as precedes para-
graph (2) and inserting the following: 
‘‘(a) SHIPBOARD TECHNOLOGY EVALUATION PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a Shipboard Technology Evaluation Program to 
evaluate ballast water treatment technologies aboard 
vessels to prevent aquatic nuisance species 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 dem-
onstration program’’ and inserting ‘‘of ballast 
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water treatment technologies used in the pro-
gram’’; 
(6) in subsection (a)(3), as so redesignated, by 
striking ‘‘technologies and practices’’ and all that 
follows through ‘‘shall—’’ and inserting ‘‘ballast 
water treatment technologies on vessels under this 
subsection, the Secretary shall—’’; 
(7) in subsection (a)(3)(A), as so redesignated, 
by striking clause (i) and redesignating 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 condu-
cive to testing aboard the vessel; and’’; 
(9) by amending subsection (a)(3)(C), as so re-
designated, to read as follows: 
‘‘(C) seek to use a variety of vessel types.’’; 
(10) by amending subsection (a)(4), as so re-
designated, to read as follows: 
‘‘(4) SELECTION OF BALLAST WATER TREAT-
MENT TECHNOLOGIES.—In order for a ballast water 
treatment technology to be eligible to be installed on 
vessels for evaluation under this section, such tech-
nology must be, at a minimum— 
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‘‘(A) determined by the Secretary to have 
the demonstrated potential to reduce the num-
ber 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 existing ves-
sels or incorporated in new vessel design (or 
both); 
‘‘(F) safe for a vessel and crew; and 
‘‘(G) accessible to monitoring.’’; 
(11) in subsection (a), as so redesignated, by 
adding at the end the following: 
‘‘(6) AUTHORITY
OF
SECRETARY
TO
REVIEW 
AND REVISE CRITERIA.—The Secretary may review 
and revise the criteria described in paragraph (4)(A) 
to require ballast water treatment technologies to 
meet a more stringent ballast water discharge stand-
ard, including standards promulgated under section 
1101(f), before being eligible for installation aboard 
vessels under the program.’’; 
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