‘‘(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 
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-
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 
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. 102. 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 
‘‘(2) on promulgation of final standards pursu-
ant to subsection (b)(2)(A), such final standard as 
is applicable to the vessel.’’. 
SEC. 103. 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 
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. 104. AUTHORITY OF SECRETARY; REGULATIONS. 
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 (d) the fol-
lowing: 
‘‘(e) AUTHORITY OF SECRETARY; REGULATIONS.—
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of the National Aquatic 
Invasive Species Act of 2005, the Secretary shall 
promulgate regulations to implement this section. 
‘‘(2) PROGRAM COMPONENTS.—
‘‘(A) IN GENERAL.—In carrying out para-
graph (1), the Secretary shall promulgate a 
separate set of regulations for—
‘‘(i) ships that enter the Great Lakes 
after operating outside the exclusive eco-
nomic zone; and 
‘‘(ii) ships that enter United States 
ports after operating outside the exclusive 
economic zone, excluding United States 
ports on the Great Lakes. 
‘‘(B) 
DURATION.—Regulations 
promul-
gated under subparagraph (A)(i) shall remain 
in effect until the Great Lakes program is ter-
minated pursuant to subsection (d)(1)(B). 
‘‘(3) REQUIREMENTS.—The regulations promul-
gated under paragraphs (1) shall—
‘‘(A) be consistent with interim and final 
standards issued under paragraphs (1) and (2) 
of subsection (b), as applicable; 
‘‘(B) apply to all vessels to which the re-
spective standards apply; 
‘‘(C) protect the safety of—
‘‘(i) each vessel; and 
‘‘(ii) the crew and passengers of each 
vessel;
‘‘(D) require a vessel described in para-
graph (1)—
‘‘(i) to carry out the exchange of bal-
last water of the vessel in waters beyond 
the exclusive economic zone in accordance 
with the standards and certification proce-
dures promulgated under subsection (b); 
‘‘(ii) in a case in which the master of 
the vessel determines that compliance with 
clause (i) is impracticable, to exchange the 
ballast water of the vessel in other waters 
in which the exchange does not pose a 
threat of invasion or spread of nonindige-
nous species in waters of the United 
States, as designated by the Secretary; or 
‘‘(iii) to use environmentally sound al-
ternative ballast water management meth-
ods, including modification of the vessel 
ballast water tanks and intake systems, if 
the Secretary determines that such alter-
native methods are in accordance with 
standards and certification procedures pro-
mulgated under subsection (b);
‘‘(E) provide for sampling of ballast intake 
and discharge flows through ballast piping to 
monitor compliance with the regulations; 
‘‘(F) take into consideration—
‘‘(i) vessel types; 
‘‘(ii) variations in the ecological condi-
tions of waters and coastal areas of the 
United States; and 
‘‘(iii) different operating conditions; 
and 
‘‘(G) be based on the best scientific infor-
mation available. 
‘‘(4) EDUCATION
AND
TECHNICAL
ASSIST-
ANCE.—The Secretary may carry out education and 
technical assistance programs and other measures to 
promote compliance with the regulations promul-
gated under this subsection. 
‘‘(f) PERIODIC REVIEW AND REVISION OF REGULA-
TIONS.—
‘‘(1) IN
GENERAL.—Not later than 3 years 
after the date of enactment of the National Aquatic 
Invasive Species Act of 2005, and not less often 
than every 3 years thereafter, the Secretary shall 
(with the concurrence of the Administrator, based on 
recommendations of the Task Force and information
collected and analyzed by relevant research, and in 
accordance with criteria developed by the Task 
Force under paragraph (3))—
‘‘(A) assess the compliance by vessels with 
regulations promulgated under this section; 
‘‘(B) assess the effectiveness of the regula-
tions referred to in subparagraph (A) in reduc-
ing the introduction and spread of aquatic 
invasive species by vessels; and 
‘‘(C) as necessary, on the basis of the best 
scientific information available—
‘‘(i) revise the regulations referred to 
in subparagraph (A); and 
‘‘(ii) promulgate additional regula-
tions. 
‘‘(2) SPECIAL
REVIEW
AND
REVISION.—Not 
later than 90 days after the date on which the Task 
Force makes a request to the Secretary for a special 
review and revision of the program, the Secretary 
shall (with the concurrence of the Administrator)—
‘‘(A) conduct a special review of regula-
tions in accordance with paragraph (1); and 
‘‘(B) as necessary, in the same manner as 
provided under paragraph (1)(C)—
‘‘(i) revise those guidelines; or
‘‘(ii) promulgate additional regula-
tions. 
‘‘(3) CRITERIA
FOR
EFFECTIVENESS.—Not 
later than 1 year after the date of enactment of the 
National Aquatic Invasive Species Act of 2005, and 
every 3 years thereafter, the Task Force shall sub-
mit to the Secretary criteria for determining the 
adequacy and effectiveness of all regulations promul-
gated under this section.’’. 
SEC. 105. SANCTIONS. 
Section 1101(g) of the Nonindigenous Aquatic Nui-
sance Prevention and Control Act of 1990 (16 U.S.C. 
1101(g)) is amended to read as follows: 
‘‘(g) SANCTIONS.—
‘‘(1) CIVIL PENALTIES.—
‘‘(A) IN GENERAL.—Any person that vio-
lates a regulation promulgated under this sec-
tion shall be liable for a civil penalty in an 
amount not to exceed $50,000. 
‘‘(B) SEPARATE
VIOLATIONS.—Each day 
of a continuing violation constitutes a separate 
violation. 
‘‘(C) LIABILITY OF VESSELS.—A vessel op-
erated in violation of a regulation promulgated 
under this Act shall be liable in rem for any
civil penalty assessed under this subsection for 
that violation. 
‘‘(2) CRIMINAL PENALTIES.—Any person that 
knowingly violates the regulations promulgated 
under subsection (b) is guilty of a class C felony. 
‘‘(3) REVOCATION OF CLEARANCE.—On request 
of the Secretary, the Secretary of the Treasury shall 
withhold or revoke the clearance of a vessel required 
by section 4197 of the Revised Statutes (46 App. 
U.S.C. 91), if the owner or operator of that vessel 
is in violation of the regulations promulgated under 
subsection (b). 
‘‘(4) EXCEPTION
TO
SANCTIONS.—This sub-
section does not apply to a failure to exchange bal-
last water if—
‘‘(A) the master of a vessel, acting in good 
faith, decides that the exchange of ballast water 
will threaten the safety or stability of the vessel 
or the crew or passengers of the vessel; and 
‘‘(B) the vessel complies with—
‘‘(i) recordkeeping requirements of 
this title; 
‘‘(ii) contingency requirements of sec-
tion 1211; and
‘‘(iii) reporting requirements of this 
title.’’. 
SEC. 106. PROGRAM COORDINATION. 
Section 1101 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 1101) is 
further amended by striking subsections (h), (i), and (j) 
and inserting the following: 
‘‘(h) COORDINATION WITH OTHER AGENCIES.—The 
Secretary is encouraged to use (with consent) the exper-
tise, facilities, members, or personnel of, appropriate Fed-
eral and State agencies and organizations that have rou-
tine contact with vessels, as determined by the Secretary. 
‘‘(i) CONSULTATION WITH CANADA, MEXICO, AND 
OTHER
FOREIGN
GOVERNMENTS.—In developing the 
guidelines issued and regulations promulgated under this 
section, the Secretary is encouraged to consult with the 
Government of Canada, the Government of Mexico, and 
any other government of a foreign country that the Sec-
retary, in consultation with the Task Force, determines 
to be necessary to develop and implement an effective 
international program for preventing the unintentional in-
troduction and spread of nonindigenous species. 
‘‘(j) 
INTERNATIONAL
COOPERATION.—The 
Sec-
retary, in cooperation with the International Maritime Or-
ganization of the United Nations and the Commission on
Environmental Cooperation established pursuant to the 
North American Free Trade Agreement, is encouraged to 
enter into negotiations with the governments of foreign 
countries to develop and implement an effective inter-
national program for preventing the unintentional intro-
duction and spread of nonindigenous species.’’. 
SEC. 107. VESSEL SAFETY. 
Section 1101(k) of the Nonindigenous Aquatic Nui-
sance Prevention and Control Act of 1990 (16 U.S.C. 
1101(k)) is amended to read as follows: 
‘‘(k) SAFETY EXEMPTION.—
‘‘(1) MASTER DISCRETION.—The Master of a 
vessel is not required to conduct a ballast water ex-
change if the Master determines that the exchange 
would threaten the safety or stability of the vessel, 
or the crew or passengers of the vessel, because of 
adverse weather, vessel architectural design, equip-
ment failure, or any other extraordinary conditions. 
‘‘(2) OTHER
REQUIREMENTS.—A vessel that 
does not exchange ballast water on the high seas 
under paragraph (1) shall not discharge ballast 
water in any harbor, except in accordance with a 
contingency strategy approved by the Secretary (and 
included in the invasive species management plan of 
the vessel) to reduce the risk of organism transfer
by the discharge (using the best practicable tech-
nology and practices pursuant to regulations promul-
gated under subsection (b)(1)(B)(iii)).’’. 
SEC. 108. RELATIONSHIP TO OTHER LAW. 
Section 1101 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 1101) is 
further amended by adding at the end the following: 
‘‘(m) APPLICABILITY; EFFECT ON OTHER LAW.—
Nothing in this section or any regulation promulgated 
under this section supersedes or otherwise affects any re-
quirement or prohibition relating to the discharge of bal-
last water under the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.).’’. 
SEC. 109. ARMED SERVICES WHOLE VESSEL MANAGEMENT 
PROGRAM. 
(a) IN GENERAL.—Section 1103 of the Nonindige-
nous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4713) is amended—
(1) by striking the section heading and insert-
ing the following: 
‘‘SEC. 1103. ARMED SERVICES WHOLE VESSEL MANAGE-
MENT PROGRAM.’’; 
and 
(2) in subsection (a)—
(A) by striking ‘‘Subject to’’ and inserting 
the following: 
‘‘(1) BALLAST WATER.—Subject to’’; and 
(B) by adding at the end the following: 
‘‘(2) 
TOWED
VESSEL
MANAGEMENT
PRO-
GRAM.—
‘‘(A) IN GENERAL.—Subject to operational 
conditions, the Secretary of Defense, in con-
sultation with the Secretary, the Task Force, 
and the International Maritime Organization, 
shall implement a towed vessel management 
program for Department of Defense vessels to 
minimize the risk of introductions of aquatic 
invasive species through hull and associated hull 
aperture transfers by towed vessels. 
‘‘(B) CURRENT BALLAST PROGRAM.—Sub-
paragraph (A) shall not affect the ballast pro-
gram for Department of Defense vessels in ef-
fect immediately before the enactment of the 
National Aquatic Invasive Species Act of 2005. 
‘‘(3) REPORTS.—Not later than 3 years after 
the date of enactment of the National Aquatic 
Invasive Species Act of 2005, and every 3 years 
thereafter, the Secretary of Defense shall submit to 
the Congress a report that includes a summary and