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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; 
‘‘(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) BALLAST
WATER
REGULATIONS.— 
Ballast water exchange regulations developed 
under subparagraph (A)(i) shall contain— 
‘‘(i) a provision for ballast water ex-
change that requires— 
‘‘(I) at least 1 empty-and-refill 
cycle, outside the exclusive economic 
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zone or in an alternative exchange 
area designated by the Secretary, of 
each ballast tank that contains ballast 
water to be discharged into waters of 
the United States; or 
‘‘(II) for a case in which the 
master of a vessel determines that 
compliance 
with 
the 
requirement 
under subclause (I) is impracticable, a 
sufficient number of flow-through ex-
changes of ballast water, outside the 
exclusive economic zone or in an alter-
native exchange area designated by 
the Secretary, to achieve replacement 
of at least 95 percent of ballast water 
in ballast tanks of the vessel, as deter-
mined by a certification dye study 
conducted or model developed by the 
Secretary and recorded in the ballast 
water management plan of the vessel 
pursuant to subsection (c)(2)(A)(i); 
and 
‘‘(ii) if a ballast water exchange is not 
undertaken pursuant to subsection (h), a 
contingency procedure that requires the 
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master of a vessel to use the best prac-
ticable technology or practice to treat bal-
last discharge. 
‘‘(C) 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 aquatic nuisance species 
if preliminary experiments prior to installation 
of the technology aboard the vessel demonstrate 
that the technology meets the ballast water dis-
charge standard provided under Regulation D– 
2 of the International Convention for the Con-
trol and Management of Ships’ Ballast Water 
and Sediments as signed on February 13, 2004. 
‘‘(2) GUIDANCE; 5-YEAR USAGE.— 
‘‘(A) GUIDANCE.—Not later than one year 
after the date of enactment of the Ballast 
Water Treatment Act of 2008, 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 
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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 
‘‘(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 
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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 
of the vessel, its crew, or its passengers because 
of adverse weather, equipment failure, or any 
other relevant condition. 
‘‘(C) NOTIFICATION
REQUIRED.—When-
ever the master of a vessel is unable to comply 
with the requirements of paragraph (3) because 
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HR 2830 PCS
of a determination made under subparagraph 
(B), the master of the vessel shall— 
‘‘(i) notify the Secretary as soon as 
practicable thereafter but no later than 24 
hours after making that determination and 
shall ensure that the determination, the 
reasons for the determination, and the no-
tice are recorded in the vessel’s ballast 
water record book; and 
‘‘(ii) undertake ballast water ex-
change— 
‘‘(I) in an alternative area that 
may be designated by the Secretary, 
after consultation with the Under Sec-
retary, and other appropriate Federal 
agencies as determined by the Sec-
retary, and representatives of States 
the waters of which may be affected 
by the discharge of ballast water; or 
‘‘(II) in accordance with para-
graph (6) if safety or stability con-
cerns prevent undertaking ballast 
water exchange in the alternative 
area. 
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‘‘(D) REVIEW OF CIRCUMSTANCES.—If the 
master of a vessel conducts a ballast water dis-
charge under the provisions of this paragraph, 
the Secretary shall review the circumstances to 
determine whether the discharge met the re-
quirements of this paragraph. The review under 
this clause shall be in addition to any other en-
forcement authority of the Secretary. 
‘‘(5) DISCHARGE UNDER WAIVER.— 
‘‘(A) SUBSTANTIAL
BUSINESS
HARDSHIP 
WAIVER.—If, because of the short length of a 
voyage, the operator of a vessel is unable to dis-
charge ballast water in accordance with the re-
quirements of paragraph (3)(B) without sub-
stantial business hardship, as determined under 
regulations issued by the Secretary, the oper-
ator may request a waiver from the Secretary 
and discharge the ballast water in accordance 
with paragraph (6). A request for a waiver 
under this subparagraph shall be submitted to 
the Secretary at such time and in such form 
and manner as the Secretary may require. 
‘‘(B) 
SUBSTANTIAL
BUSINESS
HARD-
SHIP.—For purposes of subparagraph (A), the 
factors taken into account in determining sub-
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stantial business hardship shall include wheth-
er— 
‘‘(i) compliance with the requirements 
of paragraph (3)(B) would require a suffi-
ciently great change in routing or sched-
uling of service as to compromise the eco-
nomic or commercial viability of the trade 
or business in which the vessel is operated; 
or 
‘‘(ii) it is reasonable to expect that the 
trade or business or service provided will 
be continued only if a waiver is granted 
under subparagraph (A). 
‘‘(6) PERMISSIBLE DISCHARGE.— 
‘‘(A) IN GENERAL.—The discharge of bal-
last water shall be considered to be carried out 
in accordance with this paragraph if it is— 
‘‘(i) in an area designated for that 
purpose by the Secretary, after consulta-
tion with the Under Secretary, the heads 
of other appropriate Federal agencies as 
determined by the Secretary, and rep-
resentatives of any State that may be af-
fected by discharge of ballast water in that 
area; or 
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‘‘(ii) into a reception facility described 
in subsection (f)(2). 
‘‘(B) LIMITATION ON VOLUME.—The vol-
ume of any ballast water discharged under this 
paragraph may not exceed the volume necessary 
to ensure the safe operation of the vessel. 
‘‘(7) 
CERTAIN
GEOGRAPHICALLY
LIMITED 
ROUTES.—Notwithstanding paragraph (1), the oper-
ator of a vessel is not required to comply with the 
requirements of this subsection and subsection 
(h)(1)— 
‘‘(A) if the vessel operates exclusively— 
‘‘(i) within the Great Lakes eco-
system; or 
‘‘(ii) between or among the main 
group of the Hawaiian Islands; or 
‘‘(B) if the vessel operates exclusively with-
in any area with respect to which the Secretary 
has determined, after consultation with the 
Under Secretary, the Administrator, and rep-
resentatives of States the waters of which would 
be affected by the discharge of ballast water 
from the vessel, that the risk of introducing 
aquatic nuisance species through ballast water 
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HR 2830 PCS
discharge in the areas in which the vessel oper-
ates is insignificant. 
‘‘(8) NATIONAL
MARINE
SANCTUARIES
AND 
OTHER PROHIBITED AREAS.— 
‘‘(A) IN GENERAL.—A vessel may not con-
duct ballast water exchange or discharge ballast 
water under this subsection— 
‘‘(i) within a national marine sanc-
tuary designated under the National Ma-
rine Sanctuaries Act (16 U.S.C. 1431 et 
seq.); 
‘‘(ii) a marine national monument 
designated under the Act of June 8, 1906 
(chapter 3060; 16 U.S.C. 433 et seq.), 
popularly known as the Antiquities Act of 
1906; 
‘‘(iii) a national park; 
‘‘(iv) in waters that are approved by 
the Administrator as a nondischarge zone 
under section 312(n)(7) of the Federal 
Water Pollution Control Act (33 U.S.C. 
1322(n)(7)); or 
‘‘(v) in any other waters designated by 
the Secretary, in consultation with the 
Under Secretary and the Administrator. 
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‘‘(B) ADDITIONAL AREAS.—The Secretary 
shall, after consultation with the Under Sec-
retary, the Administrator, and other appro-
priate Federal and State agencies, as deter-
mined by the Secretary, and opportunity for 
public comment, establish criteria for desig-
nating additional areas in which, due to their 
sensitive ecological nature, restrictions on the 
discharge of vessel ballast water or sediment 
containing aquatic nuisance species are war-
ranted. 
‘‘(C) STATE
WATERS.—The Governor of 
any State may submit a written petition to the 
Secretary to designate an area of State waters 
that meets the criteria established under sub-
paragraph (B) of this paragraph. The petition 
shall include a detailed analysis as to how the 
area proposed to be designated meets those cri-
teria. An area may not be designated under this 
paragraph until the Secretary determines, based 
on evidence provided by the Governor, that ade-
quate alternative areas or reception facilities for 
discharging ballast water or sediment are avail-
able. Within 180 days after receiving such a pe-
tition, the Secretary shall— 
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HR 2830 PCS
‘‘(i) make a determination as to 
whether the proposal meets the require-
ments of this paragraph for designation; 
and 
‘‘(ii) either— 
‘‘(I) publish a written notice of 
the petition and the proposed restric-
tions in the Federal Register; or 
‘‘(II) notify the Governor in writ-
ing that the area proposed for des-
ignation does not qualify for designa-
tion under this paragraph and include 
in the notice a detailed explanation of 
why the area does not qualify for des-
ignation under this paragraph. 
‘‘(D) 
PROCEDURE; 
DEADLINE.—Before 
designating any area in response to a petition 
under subparagraph (C), the Secretary, after 
providing an opportunity for public comment, 
shall publish notice in the Federal Register of 
the proposed designation. The Secretary and 
the Under Secretary shall make such informa-
tion available through other appropriate mecha-
nisms, including a notice to mariners and inclu-
sion on nautical charts. 
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‘‘(E) EFFECT ON STATE LAW.—Nothing in 
this paragraph supersedes any State law in ef-
fect as of January 1, 2007, that restricts the 
discharge of ballast water or sediment in State 
waters and requires such discharges to be made 
into reception facilities. 
‘‘(9) VESSELS
WITHOUT
PUMPABLE
BALLAST 
WATER OR WITH NO BALLAST ON BOARD.—Not later 
than 180 days after the date of enactment of the 
Ballast Water Treatment Act of 2008, the Secretary 
shall promulgate regulations to minimize the dis-
charge of invasive species from vessels entering a 
United States port or place from outside the United 
States exclusive economic zone that do not exchange 
their ballast water pursuant to paragraph (1)(A)(iii) 
of this subsection and claim no ballast on board, or 
that claim to be carrying only unpumpable quan-
tities of ballast, including, at a minimum, a require-
ment that— 
‘‘(A) such a ship shall conduct saltwater 
flushing of ballast water tanks— 
‘‘(i) outside the exclusive economic 
zone; or 
‘‘(ii) at a designated alternative ex-
change site; and 
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‘‘(B) before being allowed entry into the 
Great Lakes beyond the St. Lawrence Seaway, 
the master of such a vessel shall certify that the 
vessel has complied with each applicable re-
quirement under this subsection. 
The vessels to which this paragraph applies shall 
conduct ballast water treatment in accordance with 
subsection (f) when it applies. 
‘‘(f) 
BALLAST
WATER
TREATMENT
REQUIRE-
MENTS.— 
‘‘(1) PERFORMANCE STANDARDS.—A vessel to 
which this section applies shall conduct ballast water 
treatment in accordance with the requirements of 
this subsection before discharging ballast water in 
waters subject to the jurisdiction of the United 
States so that the ballast water discharged will con-
tain— 
‘‘(A) less than 1 living organism per 10 
cubic meters that is 50 or more micrometers in 
minimum dimension; 
‘‘(B) less than 1 living organism per 10 
milliliters that is less than 50 micrometers in 
minimum dimension and more than 10 microm-
eters in minimum dimension; 
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‘‘(C) concentrations of indicator microbes 
that are less than— 
‘‘(i) 
colony-forming 
unit 
of 
toxicogenic Vibrio cholera (serotypes O1 
and O139) per 100 milliliters or less than 
1 colony-forming unit of that microbe per 
gram of wet weight of zoological samples; 
‘‘(ii) 126 colony-forming units of esch-
erichia coli per 100 milliliters; and 
‘‘(iii) 33 colony-forming units of intes-
tinal enterococci per 100 milliliters; and 
‘‘(D) concentrations of such additional in-
dicator microbes and of viruses as may be spec-
ified in regulations issued by the Secretary and 
the Administrator, after consultation with other 
appropriate Federal agencies as determined by 
the Secretary and the Administrator, that are 
less than the amount specified in those regula-
tions. 
‘‘(2) RECEPTION FACILITY EXCEPTION.— 
‘‘(A) IN
GENERAL.—Paragraph (1) does 
not apply to a vessel that discharges ballast 
water into— 
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‘‘(i) a land-based facility for the re-
ception of ballast water that meets stand-
ards issued by the Administrator; or 
‘‘(ii) a water-based facility for the re-
ception of ballast water that meets stand-
ards issued by the Secretary. 
‘‘(B) 
ISSUANCE
OF
STANDARDS.—Not 
later than one year after the date of enactment 
of the Ballast Water Treatment Act of 2008, 
the Secretary, in consultation with the heads of 
other appropriate Federal agencies as deter-
mined by the Secretary, shall issue standards 
for— 
‘‘(i) the reception of ballast water in 
land-based and water-based reception fa-
cilities; and 
‘‘(ii) the disposal or treatment of such 
ballast water in a way that does not impair 
or damage the environment, human health, 
property, or resources. 
‘‘(3) TREATMENT SYSTEM IMPLEMENTATION.— 
‘‘(A) IMO STANDARD IMPLEMENTATION.— 
A vessel to which this section applies shall have 
a ballast water treatment system that meets the 
standards provided under Regulation D–2 of 
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the International Convention for the Control 
and Management of Ships’ Ballast Water and 
Sediments as signed on February 13, 2004, be-
ginning on the date of the first drydocking of 
the vessel after December 31, 2008. 
‘‘(B) UNITED STATES STANDARD IMPLE-
MENTATION.—Paragraph (1) applies to a vessel 
to which this section applies beginning on the 
date of the first drydocking of the vessel after 
December 31, 2011, but not later than Decem-
ber 31, 2013. 
‘‘(C) PERIOD FOR USE OF EQUIPMENT.— 
The Secretary shall allow a vessel using a treat-
ment system installed under this subsection to 
continue to use that system for 10 years after 
the date on which that system was first placed 
in service on the vessel. 
‘‘(4) TREATMENT
SYSTEM
APPROVAL
RE-
QUIRED.—The operator of a vessel to which this sec-
tion applies may not use a ballast water treatment 
system to comply with the requirements of this sub-
section unless the system is approved by the Sec-
retary. The Secretary, in consultation with the Ad-
ministrator, shall issue regulations establishing a 
process for such approval, after consultation with 
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the heads of other appropriate Federal agencies as 
determined by the Secretary. 
‘‘(5) RELIANCE ON CERTAIN REPORTS, DOCU-
MENTS, AND
RECORDS.—In approving a ballast 
water treatment system under this subsection, the 
Secretary may rely on reports, documents, and 
records of persons that meet such requirements as 
the Secretary may prescribe. 
‘‘(6) FEASIBILITY REVIEW.— 
‘‘(A) IN GENERAL.—Not less than 2 years 
before January 1, 2012, the Secretary, in con-
sultation with the Administrator, shall complete 
a review to determine whether appropriate tech-
nologies are available to achieve the perform-
ance standards set forth in paragraph (1). In 
reviewing the technologies the Secretary, the 
Administrator, and the heads of other appro-
priate Federal agencies as determined by the 
Secretary, shall consider— 
‘‘(i) the effectiveness of a technology 
in achieving the standards; 
‘‘(ii) feasibility in terms of compat-
ibility with ship design and operations; 
‘‘(iii) safety considerations; 
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‘‘(iv) whether a technology has an ad-
verse impact on the environment; and 
‘‘(v) cost effectiveness. 
‘‘(B) DELAY
IN
SCHEDULED
APPLICA-
TION.—If the Secretary, in consultation with 
the Administrator, determines, on the basis of 
the review conducted under subparagraph (A), 
and after an opportunity for a public hearing, 
that technology that complies with the stand-
ards set forth in paragraph (1) in accordance 
with the schedule set forth in paragraph (3) is 
not available for any class of vessels, the Sec-
retary shall require use of technology that 
achieves the performance levels of the best per-
forming technology available. If the Secretary 
finds that no technology is available that will 
achieve the standards set forth in paragraph 
(1), then the Secretary shall— 
‘‘(i) extend the date on which that 
paragraph applies to vessels for a period of 
not more than 24 months; and 
‘‘(ii) recommend action to ensure that 
compliance with the extended date schedule 
for that subparagraph is achieved. 
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‘‘(C) MORE PROTECTIVE STANDARDS; EAR-
LIER IMPLEMENTATION.— 
‘‘(i) PERFORMANCE
STANDARDS.—If 
the Secretary and the Administrator deter-
mine that ballast water treatment tech-
nology exists that exceeds the performance 
standards required under paragraph (1), 
the Secretary and the Administrator shall, 
for any class of vessels, revise the perform-
ance standards to incorporate the higher 
performance standards. 
‘‘(ii) IMPLEMENTATION.—If the Sec-
retary and the Administrator determine 
that technology that achieves the applica-
ble performance standards required under 
paragraph (1) can be implemented earlier 
than required by this subsection, the Sec-
retary and the Administrator shall, for any 
class of vessels, accelerate the implementa-
tion schedule under paragraph (3). If the 
Secretary and the Administrator accelerate 
the implementation schedule pursuant to 
this clause, the Secretary and the Adminis-
trator shall provide at least 24 months no-
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tice before such accelerated implementation 
goes into effect. 
‘‘(iii) DETERMINATIONS
NOT
MUTU-
ALLY EXCLUSIVE.—The Secretary and the 
Administrator shall take action under both 
clause (i) and clause (ii) if the Secretary 
and the Administrator make determina-
tions under both clauses. 
‘‘(7) DELAY OF APPLICATION FOR VESSEL PAR-
TICIPATING
IN
PROMISING
TECHNOLOGY
EVALUA-
TIONS.— 
‘‘(A) IN GENERAL.—If a vessel participates 
in a program, including the Shipboard Tech-
nology Evaluation Program established under 
section 1104, using a technology approved by 
the Secretary to test and evaluate promising 
ballast water treatment technologies that are 
likely to result in treatment technologies achiev-
ing a standard that is the same as or more 
stringent than the standard that applies under 
paragraph (1) before the first date on which 
paragraph (1) applies to that vessel, the Sec-
retary shall allow the vessel to use that tech-
nology for a 10-year period and such vessel 
shall be deemed to be in compliance with the re-
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quirements of paragraph (1) during that 10- 
year period. 
‘‘(B) 
VESSEL
DIVERSITY.—The 
Sec-
retary— 
‘‘(i) shall seek to ensure that a wide 
variety of vessel types and voyages are in-
cluded in the program; but 
‘‘(ii) may not grant a delay under this 
paragraph to more than 5 percent of the 
vessels to which this section applies. 
‘‘(C) TERMINATION OF GRACE PERIOD.— 
The Secretary may terminate the 10-year grace 
period of a vessel under subparagraph (A) if— 
‘‘(i) the participation of the vessel in 
the program is terminated without the con-
sent of the Secretary; 
‘‘(ii) the vessel does not comply with 
manufacturer’s standards for operating the 
ballast water treatment technology used on 
such vessel; or 
‘‘(iii) the Secretary determines that 
the approved technology is insufficiently ef-
fective or is causing harm to the environ-
ment. 
‘‘(8) REVIEW OF STANDARDS.— 
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‘‘(A) IN
GENERAL.—In December 2012 
and every third year thereafter, the Adminis-
trator and the Secretary shall complete review 
of ballast water treatment standards in effect 
under this subsection to determine, after con-
sultation with the heads of other appropriate 
Federal agencies determined by the Adminis-
trator and the Secretary, if the standards under 
this subsection should be revised to reduce the 
amount of organisms or microbes allowed to be 
discharged, taking into account improvements 
in the scientific understanding of biological 
processes leading to the spread of aquatic nui-
sance species and improvements in ballast water 
treatment technology. The Administrator and 
the Secretary shall revise, by regulation, the re-
quirements of this subsection as necessary. 
‘‘(B) APPLICATION OF ADJUSTED STAND-
ARDS.—In the regulations, the Secretary and 
the Administrator shall provide for the prospec-
tive application of the adjusted standards issued 
under this paragraph to vessels constructed 
after the date on which the adjusted standards 
apply and for an orderly phase-in of the ad-
justed standards to existing vessels. 
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‘‘(9) HIGH-RISK VOYAGES.— 
‘‘(A) VESSEL LIST.—Not later than one 
year after the date of enactment of the Ballast 
Water Treatment Act of 2008, the Secretary 
shall publish and regularly update a list of ves-
sels, not equipped with ballast water equipment 
under this section, identified by the States that, 
due to factors such as the origin of their voy-
ages, the frequency of their voyages, the volume 
of ballast water they carry, the biological make-
up of the ballast water, and the fact that they 
frequently discharge ballast water under an ex-
ception to subsection (e), pose a high risk of in-
troducing aquatic nuisance species into the wa-
ters of those States. 
‘‘(B) INCENTIVE
PROGRAMS.—The Sec-
retary shall give priority to vessels on the list 
for participation in a program described in 
paragraph (7). Any Federal agency, and any 
State agency with respect to vessels identified 
by such State to the Secretary for inclusion on 
a list under subparagraph (A), may develop and 
implement technology development programs or 
other incentives (whether positive or negative) 
in order to encourage the adoption of ballast 
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water treatment technology by those vessels 
consistent with the requirements of this section 
on an expedited basis. 
‘‘(10) NONAPPLICABILITY
OF
VESSELS
OPER-
ATING EXCLUSIVELY IN DETERMINED AREA.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (D), paragraph (1) does not 
apply to a vessel that operates exclusively with-
in a geographically limited area if the Secretary 
and the Administrator have determined through 
a rulemaking proceeding, after consultation 
with the heads of other appropriate Federal 
agencies as determined by the Secretary and 
the Administrator, and representatives of States 
the waters of which could be affected by the 
discharge of ballast water from the vessel, that 
the risk of introducing aquatic nuisance species 
through ballast water discharge from the vessel 
is insignificant. 
‘‘(B) CERTAIN
VESSELS.—A vessel con-
structed before January 1, 2001, that operates 
exclusively within the Great Lakes ecosystem 
shall be presumed not to pose a significant risk 
of introducing aquatic nuisance species unless 
the Secretary and the Administrator find other-
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wise in a rulemaking proceeding under subpara-
graph (A). 
‘‘(C) BEST
PRACTICES.—The Secretary 
and the Administrator shall develop, and re-
quire a vessel exempted from complying with 
the requirements of paragraph (1) under this 
paragraph to follow, best practices to minimize 
the spreading of aquatic nuisance species in its 
operation area. The best practices shall be de-
veloped in consultation with the Governors of 
States that may be affected. 
‘‘(D) STOPPING THE SPREAD OF INFEC-
TIOUS DISEASE.—The Secretary, at the request 
of the Secretary of Agriculture, shall require a 
vessel to which paragraph (1) does not apply in 
accordance with subparagraph (A) or (B) to 
have a ballast water treatment system approved 
by the Secretary under this subsection to stop 
the spread of infectious diseases to plants and 
animals as otherwise authorized by law. 
‘‘(11) TESTING
PROTOCOLS
AND
LABORA-
TORIES.— 
‘‘(A) IN GENERAL.—The Secretary and the 
Administrator, shall, no later than 90 days 
after the date of enactment of the Ballast 
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Water Treatment Act of 2008 and without re-
gard to chapter 5 of title 5, United States 
Code, issue interim protocols for verifying the 
performance of ballast water treatment tech-
nologies required by this Act, criteria for certi-
fying laboratories to evaluate such technologies, 
and procedures for approving treatment equip-
ment and systems for shipboard use. 
‘‘(B) PROTOCOLS AND PROCEDURES FOR 
TREATMENT
TECHNOLOGIES.—In 
developing 
protocols and procedures for verifying and ap-
proving treatment technologies, the Secretary 
and the Administrator, shall consider using ex-
isting protocols and procedures including meth-
ods used as part of the Ballast Water Manage-
ment Demonstration Program by the Environ-
mental Protection Agency as a part of its Envi-
ronmental Testing & Verification Program, or 
by the Secretary as part of the Coast Guard’s 
Shipboard Technology Evaluation Program. 
‘‘(C) LABORATORIES.—The Secretary and 
the Administrator shall utilize Federal or non- 
Federal laboratories that meet standards estab-
lished by the Secretary for the purpose of evalu-
ating and certifying ballast water treatment 
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technologies and equipment under this sub-
section. 
‘‘(D) 
REQUIREMENTS; 
UPDATES.—The 
Secretary and the Administrator shall periodi-
cally review and, if necessary, revise the cri-
teria, protocols, and procedures developed under 
this paragraph. 
‘‘(12) PROGRAM TO SUPPORT THE PROMULGA-
TION AND IMPLEMENTATION OF STANDARDS.— 
‘‘(A) IN GENERAL.—The Secretary and the 
Administrator, in coordination with the Under 
Secretary, the Task Force and other appro-
priate Federal agencies, shall carry out a co-
ordinated program to support the promulgation 
and implementation of standards under this 
subsection to prevent the introduction and 
spread of aquatic invasive species by vessels. 
The program established under this section 
shall, at a minimum— 
‘‘(i) characterize physical, chemical, 
and biological harbor conditions relevant to 
ballast discharge into United States waters 
to inform the design and implementation 
of ship vector control technologies and 
practices; 
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‘‘(ii) develop testing protocols for de-
termining the effectiveness of vessel vector 
monitoring and control technologies and 
practices; 
‘‘(iii) demonstrate methods for miti-
gating the spread of invasive species by 
coastal voyages, including exploring the ef-
fectiveness of alternative exchange zones in 
the near coastal areas and other methods 
proposed to reduce transfers of organisms; 
‘‘(iv) verify the practical effectiveness 
of any process for approving a type of al-
ternative ballast water management as 
meeting standards established under this 
subsection, to ensure that the process pro-
duces repeatable and accurate assessments 
of treatment effectiveness; and 
‘‘(v) evaluate the effectiveness and re-
sidual risk and environmental impacts as-
sociated with any standard set with respect 
to the vessel pathways. 
‘‘(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to other amounts author-
ized by this title, to carry out this paragraph 
there 
are 
authorized 
to 
be 
appropriated 
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