I 
109TH CONGRESS 
2D SESSION 
H. R. 5030 
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act 
of 1990 to establish vessel ballast water management requirements, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 28, 2006 
Mrs. MILLER of Michigan introduced the following bill; which was referred to 
the Committee on Transportation and Infrastructure, and in addition to 
the Committee on Resources, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To amend the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 to establish vessel ballast water 
management requirements, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Prevention of Aquatic 
Invasive Species Act of 2006’’. 
SEC. 2. FINDINGS. 
Section 1002(a) of the Nonindigenous Aquatic Nui-
sance Prevention and Control Act of 1990 (16 U.S.C. 
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4701(a)) is amended by striking ‘‘and’’ after the semicolon 
at the end of paragraph (14), by striking the period at 
the end of paragraph (15) and inserting a semicolon, and 
by adding at the end the following: 
‘‘(16) the introduction of aquatic invasive spe-
cies into the Nation’s waters is one of the most ur-
gent issues facing aquatic ecosystems in the United 
States; 
‘‘(17) the direct and indirect costs of aquatic 
invasive species to the economy of the United States 
have been estimated at billions of dollars per year; 
‘‘(18) invasive species are thought to have been 
involved in 70 percent of the last century’s 
extinctions of native aquatic species; 
‘‘(19) aquatic invasive species are a significant 
problem throughout the United States, including 
Hawaii, Alaska, San Francisco Bay, the Great 
Lakes, the Southeast, and the Chesapeake Bay; 
‘‘(20) ballast water from ships is one of the 
largest pathways for the introduction and spread of 
aquatic invasive species; 
‘‘(21) it has been estimated that some 10,000 
non-indigenous aquatic species travel around the 
globe each day in the ballast water of cargo ships; 
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‘‘(22) over 2 billion gallons of ballast water are 
discharged in United States waters each year; 
‘‘(23) ballast water has been found to transport 
not only invasive plants and animals but pathogens 
as well, such as cholera; 
‘‘(24) aquatic invasive species may also be in-
troduced by other vessel conduits, including the hulls 
of ships; 
‘‘(25) aquatic invasive species may be trans-
ferred from other countries, or from distinct regions 
in the United States; 
‘‘(26) current Federal programs are insufficient 
to effectively address this growing problem; 
‘‘(27) preventing aquatic invasive species from 
being introduced is the most cost-effective approach 
for addressing this issue because, once established, 
they are costly and sometimes impossible to control; 
‘‘(28) in 2004, the International Maritime Or-
ganization agreed to a Convention, which the United 
States played an active role in negotiating, to pre-
vent, minimize, and ultimately eliminate the transfer 
of aquatic invasive species through the control and 
management of ballast water and sediments; and 
‘‘(29) the International Maritime Organization 
agreement specifically recognizes that countries can 
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take more stringent measures than those of the Con-
vention with respect to the control and management 
of ships’ ballast water and sediment.’’. 
TITLE I—PREVENTION OF IN-
TRODUCTION 
OF 
AQUATIC 
INVASIVE SPECIES INTO WA-
TERS OF THE UNITED STATES 
BY VESSELS 
SEC. 101. 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. PREVENTION OF INTRODUCTION OF AQUATIC 
INVASIVE SPECIES INTO WATERS OF THE 
UNITED STATES BY VESSELS. 
‘‘(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 (including a towed vessel, and any structure 
being towed by a vessel) that is designed, con-
structed, or adapted to carry ballast water; and 
‘‘(A) is a vessel (or a structure being towed 
by a vessel) of United States registry or nation-
ality, or operated under the authority of the 
United States, wherever located; or 
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‘‘(B) is a foreign vessel that (or a struc-
ture being towed by 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 
and is 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 of Defense and the Sec-
retary, after consultation with the Adminis-
trator and the Under Secretary, shall imple-
ment a ballast water management program, in-
cluding the promulgation of standards for bal-
last water exchange and treatment and for sedi-
ment management, for vessels of the Armed 
Forces under their respective jurisdictions de-
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