(5) in subsection (c)(3) (as so redesignated)— 
(A) by inserting ‘‘detect,’’ after ‘‘prevent,’’; 
and 
(B) by striking ‘‘from pathways other than 
ballast water exchange’’; 
(6) in subsection (c)(4) (as so redesignated) by 
striking ‘‘, including the zebra mussel’’; and 
(7) in subsection (c)(5) (as so redesignated)— 
(A) by inserting ‘‘prevention,’’ after ‘‘in 
the’’; 
(B) by inserting a comma after ‘‘manage-
ment’’; and 
(C) by striking ‘‘zebra mussels’’ and in-
serting ‘‘aquatic nuisance species’’. 
SEC. 503. BALLAST WATER MANAGEMENT. 
(a) IN GENERAL.—Section 1101 of the Nonindige-
nous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4711) is amended to read as follows: 
‘‘SEC. 1101. BALLAST WATER MANAGEMENT. 
‘‘(a) VESSELS TO WHICH THIS SECTION APPLIES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2), (3), and (4), this section applies to a 
vessel that— 
‘‘(A) is designed, constructed, or adapted 
to carry ballast water; and 
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‘‘(B)(i) is a vessel of the United States; or 
‘‘(ii) is a foreign vessel that— 
‘‘(I) is en route to a United States 
port or place; or 
‘‘(II) has departed from a United 
States port or place and is within waters 
subject to the jurisdiction of the United 
States. 
‘‘(2) PERMANENT BALLAST WATER VESSELS.— 
This section does not apply to a vessel that carries 
all of its permanent ballast water in sealed tanks 
that are not subject to discharge. 
‘‘(3) ARMED FORCES VESSELS.— 
‘‘(A) EXEMPTION.—Except as provided in 
subparagraph (B), this section does not apply 
to a vessel of the Armed Forces. 
‘‘(B) BALLAST WATER MANAGEMENT PRO-
GRAM.—The Secretary and the Secretary of De-
fense, after consultation with each other and 
with the Under Secretary and the heads of 
other appropriate Federal agencies as deter-
mined by the Secretary, shall implement a bal-
last water management program, including the 
issuance of standards for ballast water ex-
change and treatment and for sediment man-
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agement, for vessels of the Armed Forces under 
their respective jurisdictions designed, con-
structed, or adapted to carry ballast water that 
are— 
‘‘(i) consistent with the requirements 
of this section, including the deadlines es-
tablished by this section; and 
‘‘(ii) at least as stringent as the re-
quirements issued for such vessels under 
section 312 of the Federal Water Pollution 
Control Act (33 U.S.C. 1322). 
‘‘(4) SPECIAL RULE FOR SMALL RECREATIONAL 
VESSELS.—In applying this section to recreational 
vessels less than 50 meters in length that have a 
maximum ballast water capacity of 8 cubic meters, 
the Secretary may issue alternative measures for 
managing ballast water in a manner that is con-
sistent with the requirements of this section. 
‘‘(b) UPTAKE AND DISCHARGE OF BALLAST WATER 
OR SEDIMENT.— 
‘‘(1) PROHIBITION.—The operator of a vessel to 
which this section applies may not conduct the up-
take or discharge of ballast water or sediment in wa-
ters subject to the jurisdiction of the United States 
except as provided in this section. 
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‘‘(2) EXCEPTIONS.—Paragraph (1) does not 
apply to the uptake or discharge of ballast water or 
sediment in the following circumstances: 
‘‘(A) The uptake or discharge is solely for 
the purpose of— 
‘‘(i) ensuring the safety of the vessel 
in an emergency situation; or 
‘‘(ii) saving a life at sea. 
‘‘(B) The uptake or discharge is accidental 
and the result of damage to the vessel or its 
equipment and— 
‘‘(i) all reasonable precautions to pre-
vent or minimize ballast water and sedi-
ment discharge have been taken before and 
after the damage occurs, the discovery of 
the damage, and the discharge; and 
‘‘(ii) the owner or officer in charge of 
the vessel did not willfully or recklessly 
cause the damage. 
‘‘(C) The uptake or discharge is solely for 
the purpose of avoiding or minimizing the dis-
charge from the vessel of pollution that would 
otherwise violate applicable Federal or State 
law. 
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100 
‘‘(D) The uptake or discharge of ballast 
water and sediment occurs at the same location 
where the whole of that ballast water and that 
sediment originated and there is no mixing with 
ballast water and sediment from another area 
that has not been managed in accordance with 
the requirements of this section. 
‘‘(c) 
VESSEL
BALLAST
WATER
MANAGEMENT 
PLAN.— 
‘‘(1) IN GENERAL.—The operator of a vessel to 
which this section applies shall conduct all ballast 
water management operations of that vessel in ac-
cordance with a ballast water management plan de-
signed to minimize the discharge of aquatic nuisance 
species that— 
‘‘(A) meets the requirements prescribed by 
the Secretary by regulation; and 
‘‘(B) is approved by the Secretary. 
‘‘(2) APPROVAL CRITERIA.— 
‘‘(A) IN
GENERAL.—The Secretary may 
not approve a ballast water management plan 
unless the Secretary determines that the plan— 
‘‘(i) describes in detail the actions to 
be taken to implement the ballast water 
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101 
management 
requirements 
established 
under this section; 
‘‘(ii) describes in detail the procedures 
to be used for disposal of sediment at sea 
and on shore in accordance with the re-
quirements of this section; 
‘‘(iii) describes in detail safety proce-
dures for the vessel and crew associated 
with ballast water management; 
‘‘(iv) designates the officer on board 
the vessel in charge of ensuring that the 
plan is properly implemented; 
‘‘(v) contains the reporting require-
ments for vessels established under this 
section and a copy of each form necessary 
to meet those requirements; and 
‘‘(vi) meets all other requirements 
prescribed by the Secretary. 
‘‘(B) FOREIGN
VESSELS.—The Secretary 
may approve a ballast water management plan 
for a foreign vessel on the basis of a certificate 
of compliance with the criteria described in sub-
paragraph (A) issued by the vessel’s country of 
registration in accordance with regulations 
issued by the Secretary. 
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102 
‘‘(3) COPY OF PLAN ON BOARD VESSEL.—The 
owner or operator of a vessel to which this section 
applies shall— 
‘‘(A) maintain a copy of the vessel’s ballast 
water management plan on board at all times; 
and 
‘‘(B) keep the plan readily available for ex-
amination by the Secretary and the head of the 
appropriate agency of the State in which the 
vessel is located at all reasonable times. 
‘‘(d) VESSEL BALLAST WATER RECORD BOOK.— 
‘‘(1) IN GENERAL.—The owner or operator of a 
vessel to which this section applies shall maintain, in 
English on board the vessel, a ballast water record 
book in which each operation of the vessel involving 
ballast water or sediment discharge is recorded in 
accordance with regulations issued by the Secretary. 
‘‘(2) AVAILABILITY.—The ballast water record 
book— 
‘‘(A) shall be kept readily available for ex-
amination by the Secretary and the head of the 
appropriate agency of the State in which the 
vessel is located at all reasonable times; and 
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103 
‘‘(B) notwithstanding paragraph (1), may 
be kept on the towing vessel in the case of an 
unmanned vessel under tow. 
‘‘(3) RETENTION PERIOD.—The ballast water 
record book shall be retained— 
‘‘(A) on board the vessel for a period of 3 
years after the date on which the last entry in 
the book is made; and 
‘‘(B) under the control of the vessel’s 
owner for an additional period of 3 years. 
‘‘(4) REGULATIONS.—In the regulations issued 
under this section, the Secretary shall require, at a 
minimum, that— 
‘‘(A) each entry in the ballast water record 
book be signed and dated by the officer in 
charge of the ballast water operation recorded; 
‘‘(B) each completed page in the ballast 
water record book be signed and dated by the 
master of the vessel; and 
‘‘(C) the owner or operator of the vessel 
transmit such information to the Secretary re-
garding the ballast operations of the vessel as 
the Secretary may require. 
‘‘(5) 
ALTERNATIVE
MEANS
OF
RECORD-
KEEPING.—The Secretary may provide, by regula-
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104 
tion, for alternative methods of recordkeeping, in-
cluding electronic recordkeeping, to comply with the 
requirements of this subsection. Any electronic rec-
ordkeeping method authorized by the Secretary shall 
support the inspection and enforcement provisions of 
this Act and shall comply with applicable standards 
of the National Institute of Standards and Tech-
nology and the Office of Management and Budget 
governing reliability, integrity, identity authentica-
tion, and nonrepudiation of stored electronic data. 
‘‘(e) 
BALLAST
WATER
EXCHANGE
REQUIRE-
MENTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENT.—Until a vessel is re-
quired to conduct ballast water treatment in ac-
cordance with subsection (f), the operator of a 
vessel to which this section applies may not dis-
charge ballast water in waters subject to the ju-
risdiction of the United States, except after— 
‘‘(i) conducting ballast water exchange 
as required by this subsection, in accord-
ance with regulations issued by the Sec-
retary; 
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105 
‘‘(ii) using ballast water treatment 
technology that meets the performance 
standards of subsection (f); or 
‘‘(iii) using environmentally sound al-
ternative ballast water treatment tech-
nology if the Secretary determines that 
such treatment technology is at least as ef-
fective as the ballast water exchange re-
quired by clause (i) in preventing and con-
trolling the introduction of aquatic nui-
sance species. 
‘‘(B) TECHNOLOGY EFFICACY.—For pur-
poses of this paragraph, a ballast water treat-
ment technology shall be considered to be at 
least as effective as the ballast water exchange 
required by clause (i) in preventing and control-
ling the introduction of aquatice nuisance spe-
cies if preliminary experiments prior to installa-
tion of the technology aboard the vessel dem-
onstrate that the technology removed or killed 
at least 98 percent of organisms larger than 50 
microns. 
‘‘(2) GUIDANCE; 5-YEAR USAGE.— 
‘‘(A) GUIDANCE.—Not later than one year 
after the date of enactment of the Ballast 
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106 
Water Treatment Act of 2007, the Secretary 
shall develop and issue guidance on technology 
that may be used under paragraph (1)(A)(iii). 
‘‘(B) 5-YEAR USAGE.—The Secretary shall 
allow a vessel using environmentally-sound al-
ternative ballast treatment technology under 
paragraph (1)(A)(iii) to continue to use that 
technology for 5 years after the date on which 
the environmentally-sound alternative ballast 
water treatment technology was first placed in 
service on the vessel or the date on which treat-
ment requirements under subsection (f) become 
applicable, whichever is later. 
‘‘(3) EXCHANGE AREAS.— 
‘‘(A) VESSELS
OUTSIDE
THE
UNITED 
STATES EEZ.—The operator of a vessel en route 
to a United States port or place from a port or 
place outside the waters subject to the jurisdic-
tion of the United States shall conduct ballast 
water exchange— 
‘‘(i) before arriving at a United States 
port or place; 
‘‘(ii) at least 200 nautical miles from 
the nearest point of land; and 
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107 
‘‘(iii) in water at least 200 meters in 
depth. 
‘‘(B) COASTAL VOYAGES.—The operator of 
a vessel originating from a port or place within 
the United States exclusive economic zone, or 
from a port within 200 nautical miles of the 
United States in Canada, Mexico, or other ports 
designated by the Secretary for purposes of this 
section, shall conduct ballast water exchange— 
‘‘(i) at least 50 nautical miles from 
the nearest point of land; and 
‘‘(ii) in water at least 200 meters in 
depth. 
‘‘(4) SAFETY OR STABILITY EXCEPTION.— 
‘‘(A) 
SECRETARIAL
DETERMINATION.— 
Paragraph (3) does not apply to the discharge 
of ballast water if the Secretary determines that 
compliance with that paragraph would threaten 
the safety or stability of the vessel, its crew, or 
is passengers. 
‘‘(B) MASTER
OF
THE
VESSEL
DETER-
MINATION.—Paragraph (3) does not apply to 
the discharge of ballast water if the master of 
a vessel determines that compliance with that 
paragraph would threaten the safety or stability 
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