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— 
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‘‘(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 
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‘‘(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. 
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‘‘(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 
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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. 108. 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-
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