I 
110TH CONGRESS 
1ST SESSION H. R. 2423 
To provide for the management and treatment of ballast water to prevent 
the introduction of nonindigenous aquatic species into coastal and inland 
waters of the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2007 
Mr. LATOURETTE (for himself, Mr. BAKER, Mr. GILCHREST, Mr. EHLERS, 
and Mrs. MILLER of Michigan) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure 
A BILL 
To provide for the management and treatment of ballast 
water to prevent the introduction of nonindigenous 
aquatic species into coastal and inland waters of the 
United States, 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 ‘‘Ballast Water Manage-
ment Act of 2007’’. 
SEC. 2. REFERENCES. 
Wherever in this Act an amendment or repeal is ex-
pressed in terms of an amendment to or a repeal of a sec-
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tion or other provision, the reference shall be considered 
to be made to a section or other provision of the Non-
indigenous Aquatic Nuisance Prevention and Control Act 
of 1990 (16 U.S.C. 4701 et seq.). 
SEC. 3. DEFINITIONS. 
Section 1003 (16 U.S.C. 4702) is amended— 
(1) in paragraph (7) by striking ‘‘Canandian’’ 
and inserting ‘‘Canadian’’; 
(2) by striking ‘‘and’’ at the end of paragraph 
(16); 
(3) by striking the period at the end of para-
graph (17) and inserting a semicolon; and 
(4) by adding at the end the following: 
‘‘(18) ‘alternative ballast water management 
method’ means a mechanical, physical, chemical, bio-
logical, or other process, technology, procedure, or 
method of killing, removing, or rendering nonviable 
organisms in ballast water and associated sediments; 
‘‘(19) ‘ship pathway’ means a potential mode by 
which aquatic nuisance species may be transported 
from one ecosystem to another by a vessel, including 
carriage in ballast water, carriage in sea chests, or 
hull fouling; 
‘‘(20) ‘ballast water capacity’ means the total 
volumetric capacity of all tanks, spaces, and com-
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partments on a vessel that are used for carrying, 
loading, or discharging ballast water, including any 
multi-use tank, space, or compartment designed to 
allow carriage of ballast water; 
‘‘(21) ‘constructed’ means— 
‘‘(A) a stage of construction of a vessel at 
which— 
‘‘(i) the keel is laid; 
‘‘(ii) construction identifiable with the 
specific vessel begins; or 
‘‘(iii) assembly of the vessel has been 
completed comprising at least 50 metric 
tons or 1 percent of the estimated mass of 
all structural material, whichever is less; or 
‘‘(B) the initiation of a major conversion of 
the vessel; 
‘‘(22) ‘major conversion’ means a conversion of 
a vessel that— 
‘‘(A) changes its ballast water carrying ca-
pacity by 15 percent or greater; 
‘‘(B) changes the vessel type; 
‘‘(C) in the determination of the Secretary, 
is projected to prolong the life of the vessel by 
10 years or more; or 
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‘‘(D) results in modifications to its ballast 
water system other than component replace-
ment-in-kind; and 
‘‘(23) ‘sediment’ means matter that has settled 
out of ballast water within a vessel.’’. 
SEC. 4. AQUATIC NUISANCE SPECIES IN WATERS OF THE 
UNITED STATES. 
(a) BALLAST WATER MANAGEMENT.—Section 1101 
(16 U.S.C. 4711) is amended by striking subsections (a) 
through (g) and inserting the following: 
‘‘(a) NATIONAL REGULATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall issue 
regulations to prevent the introduction and spread of 
nonindigenous species in waters of the United States 
by ballast water operations and other operations of 
vessels equipped with ballast water tanks. 
‘‘(2) CONTENT.—The regulations issued under 
this subsection shall— 
‘‘(A) ensure to the maximum extent prac-
ticable that aquatic nuisance species are not 
discharged into waters of the United States 
from vessels; 
‘‘(B) apply to all vessels equipped with bal-
last water tanks that operate in waters of the 
United States; 
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‘‘(C) protect the safety of— 
‘‘(i) each vessel; and 
‘‘(ii) the crew and passengers of each 
vessel; 
‘‘(D) direct a vessel that is equipped with 
ballast water tanks, including a vessel that is 
not carrying ballast water on board, that oper-
ates in waters of the United States after oper-
ating beyond the exclusive economic zone to— 
‘‘(i) carry out the exchange of ballast 
water of the vessel in waters beyond the 
exclusive economic zone; 
‘‘(ii) exchange the ballast water of the 
vessel in other waters where the exchange 
does not pose a threat of infestation or 
spread of nonindigenous species in waters 
of the United States, as recommended by 
the Task Force under section 1102(a)(1); 
or 
‘‘(iii) use environmentally sound alter-
native ballast water management methods, 
including modification of the vessel ballast 
water tanks and intake systems, if the Sec-
retary determines that such alternative 
methods are at least as effective as ballast 
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water exchange in preventing and control-
ling infestations of aquatic nuisance spe-
cies; 
‘‘(E) direct vessels to carry out manage-
ment practices that the Secretary determines to 
be necessary to reduce the probability of unin-
tentional nonindigenous species transfer result-
ing from vessel operations other than ballast 
water discharge; 
‘‘(F) in order to enable the Secretary to 
determine compliance with the regulations, pro-
vide for the keeping of records that shall be 
submitted to the Secretary as prescribed by the 
regulations, and that shall be maintained on 
board each vessel and made available for in-
spection upon request of the Secretary and in 
a manner consistent with subsections (c) and 
(d), including— 
‘‘(i) with respect to each ballast water 
exchange referred to in subparagraph 
(D)(ii), reporting on the precise location 
and thoroughness of the exchange; and 
‘‘(ii) any other information that the 
Secretary considers necessary to assess the 
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rate of effective compliance with the regu-
lations; 
‘‘(G) provide for sampling procedures to 
monitor compliance with the regulations; 
‘‘(H) take into consideration— 
‘‘(i) vessel types; 
‘‘(ii) variations in the characteristics 
of points of origin and receiving water bod-
ies; 
‘‘(iii) variations in the ecological con-
ditions of waters and coastal areas of the 
United States; and 
‘‘(iv) different operating conditions; 
‘‘(I) be based on the best scientific infor-
mation available; 
‘‘(J) not require a vessel to deviate from 
its intended voyage or cause undue delay to the 
operation of a vessel to which the regulations 
apply; 
‘‘(K) provide an exemption from ballast 
water exchange requirements to passenger ves-
sels with operating ballast water systems that 
are equipped with treatment systems designed 
to kill aquatic organisms in ballast water, un-
less the Secretary determines that such treat-
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ment systems are less effective than ballast 
water exchange at reducing the risk of transfers 
of invasive species in the ballast water of pas-
senger vessels; 
‘‘(L) not apply to crude oil tankers en-
gaged in the coastwise trade; and 
‘‘(M) not apply to a vessel that carries all 
of its ballast water in permanently sealed tanks 
in such a manner that the ballast water is not 
subject to discharge. 
‘‘(3) EDUCATION AND TECHNICAL ASSISTANCE 
PROGRAMS.—The Secretary shall carry out edu-
cation and technical assistance programs and other 
measures to encourage compliance with the regula-
tions issued under this subsection. 
‘‘(b) BALLAST WATER MANAGEMENT.— 
‘‘(1) NATIONAL
BALLAST
WATER
DISCHARGE 
STANDARDS.—The Secretary shall issue regulations 
to establish national ballast water discharge stand-
ards that limit the number of living organisms con-
tained in ballast water discharged from vessels into 
waters of the United States. 
‘‘(2) REQUIREMENTS UNDER STANDARDS.—The 
standards established under paragraph (1) shall re-
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quire that ballast water discharged from covered ves-
sels— 
‘‘(A) contain fewer than 0.1 living orga-
nisms greater than or equal to 50 microns in 
minimum dimension per cubic meter of dis-
charged ballast water; 
‘‘(B) contain fewer than 0.1 living orga-
nisms that are less than 50 microns in min-
imum dimension and more than 10 microns in 
minimum dimension per milliliter of discharged 
ballast water; 
‘‘(C) contain concentrations of— 
‘‘(i) fewer than 1 colony-forming unit 
of toxicogenic Vibrio cholera (serotypes O1 
and O139) per 100 milliliters of discharged 
ballast water or fewer than 1 colony-form-
ing unit of that microbe per gram of wet 
weight of zoological samples; 
‘‘(ii) fewer than 126 colony-forming 
units of Escherichia coli per 100 milliliters 
of discharged ballast water; and 
‘‘(iii) fewer than 33 colony-forming 
units of intestinal enterococci per 100 mil-
liliters of discharged ballast water; and 
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‘‘(D) contain concentrations of such addi-
tional indicator microbes as may be specified in 
regulations promulgated by the Secretary that 
are less than the amount specified in those reg-
ulations. 
‘‘(3) APPLICABILITY OF STANDARDS.—The reg-
ulations issued under this subsection shall— 
‘‘(A) apply to all vessels equipped with bal-
last water tanks that enter the waters of the 
United States after operating beyond the exclu-
sive economic zone; and 
‘‘(B) require that a vessel to which ballast 
water discharge standards established under 
this subsection apply comply with such stand-
ards, in lieu of requirements under subsection 
(a)— 
‘‘(i) in the case of a vessel constructed 
on or after January 1, 2009, with a ballast 
water capacity less than 5,000 cubic me-
ters, upon completion of such construction; 
‘‘(ii) in the case of a vessel con-
structed on or after January 1, 2012, with 
a ballast water capacity equal to or greater 
than 5,000 cubic meters, by not later than 
upon completion of such construction; 
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‘‘(iii) in the case of a vessel con-
structed before January 1, 2009, with a 
ballast water capacity of 1,500 cubic me-
ters of more but not more than 5,000 
cubic meters, by not later than the earlier 
of— 
‘‘(I) January 1, 2014; or 
‘‘(II) 
the 
end 
of 
the 
first 
drydocking of the vessel after January 
1, 2009; 
‘‘(iv) in the case of a vessel con-
structed before January 1, 2009, with a 
ballast water capacity less than 1,500 
cubic meters or equal to or greater than 
5,000, cubic meters by not later than the 
earlier of— 
‘‘(I) January 1, 2016; or 
‘‘(II) 
the 
end 
of 
the 
first 
drydocking of the vessel after January 
1, 2012; or 
‘‘(v) in the case of a vessel con-
structed on or after January 1, 2009, and 
before January 1, 2012, with a ballast 
water capacity greater than 5,000 cubic 
meters, by not later than January 1, 2016. 
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‘‘(4) LIMITATION.—Paragraph (3)(A) does not 
include a vessel that enters the waters of the United 
States while engaged in the coastwise trade. 
‘‘(5) RECEPTION FACILITY EXCEPTION.— 
‘‘(A) IN
GENERAL.—Regulations issued 
under paragraph (1) shall not apply to ballast 
water that is discharged from a vessel into a 
water-based or land-based facility for the recep-
tion and disposal or treatment of ballast water 
that meets standards prescribed by the Sec-
retary. 
‘‘(B) PROMULGATION
OF
STANDARDS.— 
Within 1 year after the date of the enactment 
of the Ballast Water Management Act of 2007, 
the Secretary shall promulgate standards for— 
‘‘(i) the reception of ballast water at 
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. 
‘‘(6) 
REVIEW
OF
ALTERNATIVE
BALLAST 
WATER MANAGEMENT METHODS.— 
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‘‘(A) REQUIREMENT
TO
REVIEW.—The 
Secretary shall periodically review the effective-
ness, cost, safety, and availability of— 
‘‘(i) alternative ballast water manage-
ment methods evaluated or demonstrated 
under the programs established under sec-
tion 1104; and 
‘‘(ii) other alternative ballast water 
management methods submitted to the 
Secretary that have been demonstrated on-
board vessels and for which there has been 
a scientific peer review, as determined by 
the Secretary, of the results of the dem-
onstration. 
‘‘(B) DEADLINES.—The Secretary shall— 
‘‘(i) complete an initial review of alter-
native ballast water management methods 
under subparagraph (A) within 24 months 
after the date of the enactment of the Bal-
last Water Management Act of 2007; and 
‘‘(ii) carry out subsequent reviews of 
alternative 
ballast 
water 
management 
methods under subparagraph (A) no later 
than 24 months after the date that the 
previous review was completed. 
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‘‘(7) DETERMINATION OF AVAILABLE BALLAST 
WATER MANAGEMENT METHODS.— 
‘‘(A) IN
GENERAL.—Upon completion of 
each review under paragraph (6), the Secretary 
shall determine whether one or more alternative 
ballast water management methods are avail-
able to achieve the national ballast water dis-
charge standards established under this sub-
section consistent with the implementation 
schedule set forth in paragraph (3)(B). In mak-
ing such determination, the Secretary shall con-
sider whether the methods are— 
‘‘(i) cost-effective; 
‘‘(ii) environmentally sound; 
‘‘(iii) operationally practical; 
‘‘(iv) able to be retrofitted on existing 
vessels or incorporated on new vessels (or 
both); 
‘‘(v) safe for the vessel and crew; 
‘‘(vi) accessible to monitoring; and 
‘‘(vii) economically achievable. 
‘‘(B) DISTINCTION
AMONG
VESSELS.—In 
making a determination under this paragraph, 
the Secretary may distinguish among age or 
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ballast water capacity of vessels to which the 
determination applies. 
‘‘(C) DELAY
IN
SCHEDULED
APPLICA-
TION.—If the Secretary determines under sub-
paragraph (A) that compliance with the stand-
ards set forth under this subsection in accord-
ance with the implementation schedule set forth 
in paragraph (3)(B) is not feasible for any class 
of vessels, the Secretary shall— 
‘‘(i) delay the date on which such 
standards apply to that class of vessels for 
a period of not more than 24 months; and 
‘‘(ii) recommend action to ensure such 
compliance in accordance with the revised 
implementation schedule for that class of 
vessels by the date established under 
clause (ii). 
‘‘(D) ACCELERATION OF SCHEDULED AP-
PLICATION.—If the Secretary determines, fol-
lowing a review under paragraph (6), that alter-
native ballast water management methods are 
available for a class of vessels to achieve the na-
tional ballast water discharge standards estab-
lished under this subsection before the dates es-
tablished in the implementation schedule set 
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forth in paragraph (3)(B), the Secretary may, 
for such class of vessels, accelerate the imple-
mentation of ballast water management regula-
tions under this subsection. If the Secretary ac-
celerates the implementation schedule under 
this subparagraph, the Secretary shall provide 
notice in the Federal Register not less than 24 
months before the date on which such acceler-
ated implementation schedule goes into effect. 
‘‘(8) REVIEW OF STANDARDS.—The Secretary 
shall from time to time review and may, if appro-
priate, revise standards established under this sub-
section following notice and the opportunity for sub-
mission of comments. 
‘‘(9) EXISTING EQUIPMENT.—Any covered ves-
sel that has installed an alternative ballast water 
management method onboard that meets standards 
established under this section, as in effect at the 
time of such installation, shall not be subject to any 
different ballast water management standard under 
this subsection until the earlier of— 
‘‘(A) the end of the useful life of the ves-
sel; or 
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‘‘(B) the end of the useful life of the in-
stalled alternative ballast water management 
method equipment. 
‘‘(10) CONTENT
OF
REGULATIONS.—Regula-
tions promulgated under this section shall— 
‘‘(A) require covered vessels to carry out 
management practices that the Secretary deter-
mines to be necessary to reduce the probability 
of unintentional nonindigenous species transfer 
resulting from vessel operations other than bal-
last water discharge; 
‘‘(B) provide for appropriate means, as de-
termined by the Secretary, for determining 
compliance with any standard established under 
this subsection; 
‘‘(C) in order to enable the Secretary to 
determine compliance with the regulations, pro-
vide for the keeping of records that shall be 
submitted to the Secretary, as prescribed by the 
regulations, and that shall be maintained on 
board each vessel and made available for in-
spection, upon request of the Secretary and in 
a manner consistent with subsections (c) and 
(d) of this section, including any information 
that the Secretary considers necessary to assess 
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the rate of effective compliance with the regula-
tions; 
‘‘(D) provide for sampling procedures to 
monitor compliance with the regulations; 
‘‘(E) take into consideration— 
‘‘(i) vessel age; and 
‘‘(ii) vessel ballast water capacity; and 
‘‘(F) be based on the best scientific infor-
mation, as determined by the Secretary. 
‘‘(11) DEFINITION.—For purposes of this sub-
section, the term ‘covered vessel’ means any vessel to 
which standards established under this subsection 
apply under paragraph (3). 
‘‘(c) 
VESSEL
BALLAST
WATER
MANAGEMENT 
PLAN.— 
‘‘(1) IN GENERAL.—The operator of a vessel 
that is equipped with ballast water tanks and that 
enters the waters of the United States after oper-
ating beyond the exclusive economic zone shall con-
duct all ballast water management operations of that 
vessel in accordance with a ballast water manage-
ment plan designed to minimize the discharge of 
aquatic nuisance species that— 
‘‘(A) meets the requirements prescribed by 
the Secretary by regulation; and 
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‘‘(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 
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. 
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‘‘(B) FOREIGN
VESSELS.—The Secretary 
may approve a ballast water management plan 
for a foreign vessel (as defined in section 
110(12) of title 46, United States Code) on the 
basis of a certificate of compliance with the cri-
teria described in subparagraph (A) issued by 
the vessel’s country of registration in accord-
ance with regulations promulgated by the Sec-
retary. 
‘‘(3) COPY
OF
PLAN
ON
BOARD
VESSEL.—A 
copy of the vessel ballast water management plan 
shall— 
‘‘(A) be maintained on board at all times; 
and 
‘‘(B) be made readily available for inspec-
tion, upon request by the Secretary. 
‘‘(d) VESSEL BALLAST WATER RECORD BOOK.— 
‘‘(1) IN GENERAL.—The operator of a vessel 
that is equipped with ballast water tanks and that 
enters the waters of the United States after oper-
ating beyond the exclusive economic zone shall main-
tain a ballast water record book in English on board 
the vessel in which— 
‘‘(A) each operation involving ballast water 
or sediment discharge is fully recorded without 
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delay, in accordance with regulations promul-
gated by the Secretary; 
‘‘(B) each such operation is described in 
detail, including the location and circumstances 
of, and the reason for, the operation; and 
‘‘(C) the exact nature and circumstances of 
any situation under which any operation was 
conducted under an exception set forth in sub-
section (k) is described. 
‘‘(2) AVAILABILITY.—The ballast water record 
book— 
‘‘(A) shall be made readily available for in-
spection, upon request by the Secretary; and 
‘‘(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 2 
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. 
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‘‘(4) REGULATIONS.—The Secretary shall issue 
regulations to carry out this subsection that shall re-
quire, 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 shall provide by regula-
tion for alternative methods of recordkeeping, in-
cluding electronic recordkeeping, to comply with the 
requirements of this subsection. 
‘‘(e) SEDIMENT MANAGEMENT.— 
‘‘(1) IN GENERAL.—The operator of a vessel 
that is equipped with ballast water tanks and that 
enters the waters of the United States after oper-
ating beyond the exclusive economic zone may not 
remove or dispose of sediment from spaces designed 
to carry ballast water except— 
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‘‘(A) in accordance with this subsection 
and the ballast water management plan re-
quired under subsection (c); and 
‘‘(B) more than 200 nautical miles from 
the nearest point of land or into a reception fa-
cility that meets the requirements of paragraph 
(3). 
‘‘(2) DESIGN REQUIREMENTS.— 
‘‘(A) NEW VESSELS.—After December 31, 
2008, it shall be unlawful to construct a vessel 
in the United States that is equipped with bal-
last water tanks unless that vessel is designed 
and constructed, in accordance with regulations 
prescribed under subparagraph (C), in a man-
ner that— 
‘‘(i) minimizes the uptake and entrap-
ment of sediment in such tanks; 
‘‘(ii) facilitates removal of sediment 
from such tanks; and 
‘‘(iii) provides for safe access for sedi-
ment removal and sampling. 
‘‘(B) EXISTING
VESSELS.—Every vessel 
that is equipped with ballast water tanks and 
that enters the waters of the United States 
after operating beyond the exclusive economic 
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zone that was constructed before January 1, 
2009, shall be modified before January 1, 2009, 
to the extent determined by the Secretary to be 
practicable and in accordance with regulations 
under subparagraph (C), to achieve the objec-
tives described in clauses (i), (ii), and (iii) of 
subparagraph (A). 
‘‘(C) REGULATIONS.—The Secretary shall 
promulgate regulations establishing design and 
construction standards to achieve the objectives 
of subparagraph (A) and providing guidance for 
modifications under subparagraph (B). The 
Secretary shall incorporate the standards and 
guidance in the regulations governing the bal-
last water management plan. 
‘‘(3) SEDIMENT RECEPTION FACILITIES.— 
‘‘(A) STANDARDS.—The Secretary, in con-
sultation with the Administrator of the Envi-
ronmental Protection Agency, shall promulgate 
regulations governing facilities for the reception 
of vessel sediment from ballast water tanks, 
that provide for the disposal of such sediment 
in a way that does not impair or damage the 
environment, human health, or property or re-
sources of the disposal area. 
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‘‘(B) DESIGNATION.—The Secretary, in 
consultation with the Administrator of the En-
vironmental Protection Agency, shall designate 
facilities for the reception of vessel sediment 
that meet the requirements of the regulations 
promulgated under subparagraph (A) at ports 
and terminals where ballast water tanks are 
cleaned or repaired. 
‘‘(f) SANCTIONS.— 
‘‘(1) CIVIL PENALTIES.—Any person who vio-
lates a regulation promulgated under this section 
shall be liable for a civil penalty in an amount not 
to exceed $25,000. Each day of a continuing viola-
tion constitutes a separate violation. A vessel oper-
ated in violation of the regulations is liable in rem 
for any civil penalty assessed under this subsection 
for that violation. 
‘‘(2) CRIMINAL PENALTIES.—Any person who 
knowingly violates the regulations promulgated 
under this section is guilty of a class C felony. 
‘‘(3) REFUSAL
OR
REVOCATION
OF
CLEAR-
ANCE.—Except as provided in subsection (g), upon 
request of the Secretary, the Secretary of the Treas-
ury shall withhold or revoke the clearance of a vessel 
required by section 60105 of title 46, United States 
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Code, if the owner or operator of that vessel is in 
violation of the regulations issued under this section. 
‘‘(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, 
its crew, or its passengers; and 
‘‘(B) the recordkeeping and reporting re-
quirements of this chapter are complied with. 
‘‘(g) DETENTION OF VESSELS.— 
‘‘(1) IN GENERAL.—If any owner, agent, mas-
ter, officer, or person in charge of a vessel is liable 
for a penalty under this subsection, or if reasonable 
cause exists to believe that the owner, agent, master, 
officer, or person in charge may be subject to a pen-
alty under this subsection, the Secretary may, with 
respect to such vessel, refuse or revoke any clearance 
required by section 60105 of title 46, United States 
Code. 
‘‘(2) CLEARANCE UPON FILING OF BOND OR 
OTHER SURETY.—The Secretary may require the fil-
ing of a bond or other surety as a condition of 
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granting clearance refused or revoked under this 
subsection.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 1101(i) (16 U.S.C. 4711(i)) is 
amended by striking ‘‘guidelines issued and’’. 
(2) Section 1101(k) (16 U.S.C. 4711(k)) is 
amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘(1) MASTER DISCRE-
TION.—’’; and 
(ii) by inserting ‘‘required under this 
section’’ after ‘‘ballast water exchange’’; 
and 
(B) by striking paragraphs (2) and (3). 
SEC. 5. NATIONAL BALLAST WATER MANAGEMENT INFOR-
MATION. 
Section 1102 (16 U.S.C. 4712) is amended— 
(1) by adding at the end the following: 
‘‘(g) ALTERNATIVE SHIP PATHWAY SURVEY.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Under Secretary, shall examine poten-
tial ship pathways, other than the release of ballast 
water, by which aquatic nuisance species may be in-
troduced into the waters of the United States. 
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‘‘(2) REPORT.—Not later than 18 months after 
the date of enactment of the Ballast Water Manage-
ment Act of 2007, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate a report on the results of the survey under this 
subsection. 
‘‘(h) BALLAST WATER SURVEYS.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Under Secretary, shall conduct the fol-
lowing ballast water surveys: 
‘‘(A) A survey of the number of living or-
ganisms in untreated ballast water of a rep-
resentative number of vessels, as determined by 
the Secretary. 
‘‘(B) A survey of the number of living or-
ganisms in the ballast water of a representative 
number of vessels, as determined by the Sec-
retary, that has been exchanged on the high 
seas. 
‘‘(C) Surveys of the number of living orga-
nisms in the ballast water of vessels that have 
installed alternative ballast water management 
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methods under the evaluation program estab-
lished under section 1104. 
‘‘(2) REPORTS.—The Secretary shall submit to 
the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the 
Senate— 
‘‘(A) a report on the results of the surveys 
under subparagraphs (A) and (B) of paragraph 
(1) by not later than 18 months after the date 
of the enactment of the Ballast Water Manage-
ment Act of 2007; and 
‘‘(B) a report on the results of the surveys 
required under subparagraph (C) of paragraph 
(1) upon completion of each demonstration con-
cerned.’’; 
(2) in subsection (b)(1)(B)(ii) by striking 
‘‘guidelines issued and’’; 
(3) in subsection (b)(2)(B)(ii) by striking ‘‘vol-
untary guidelines issued, and’’; 
(4) in subsection (c)(1) by striking ‘‘section 
1101(b)’’ and inserting ‘‘section 1101(a)’’; and 
(5) in subsection (f)(1)(B) by striking ‘‘guide-
lines issued pursuant to section 1101(c)’’ and insert-
ing ‘‘regulations issued pursuant to section 1101’’. 
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SEC. 6. BALLAST WATER MANAGEMENT EVALUATION AND 
DEMONSTRATION PROGRAM. 
Section 1104 (16 U.S.C. 4714) is amended— 
(1) by striking the section heading and insert-
ing the following: 
‘‘SEC. 1104. ALTERNATIVE BALLAST WATER MANAGEMENT 
METHOD EVALUATION AND DEMONSTRATION 
PROGRAMS.’’; 
(2) by striking subsection (a); 
(3) by redesignating subsection (b) as sub-
section (a); 
(4) by redesignating subsection (c) as sub-
section (d); 
(5) in subsection (a), as so redesignated— 
(A) by striking so much as precedes para-
graph (2) and inserting the following: 
‘‘(a) SHIPBOARD TECHNOLOGY EVALUATION PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a Shipboard Technology Evaluation Program to 
evaluate alternative ballast water management meth-
ods aboard vessels to prevent aquatic nuisance spe-
cies from being introduced into and spread through 
discharges of ballast water in waters of the United 
States.’’; and 
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(B) in paragraph (2) by striking ‘‘of the 
technologies and practices used in the dem-
onstration program’’ and inserting ‘‘of alter-
native ballast water management methods used 
in the program’’; 
(6) in subsection (a)(3), as so redesignated, by 
striking ‘‘technologies and practices’’ and all that 
follows through ‘‘shall—’’ and inserting ‘‘alternative 
ballast water management methods on vessels under 
this subsection, the Secretary shall—’’; 
(7) in subsection (a)(3)(A), as so redesignated, 
by striking clause (i) and redesignating clauses (ii) 
and (iii) in order as clauses (i) and (ii); 
(8) by amending subsection (a)(3)(A)(i), as so 
redesignated, to read as follows: 
‘‘(i) have ballast water systems condu-
cive to testing aboard the vessel; and’’; 
(9) by amending subsection (a)(3)(C), as so re-
designated, to read as follows: 
‘‘(C) seek to use a variety of vessel types.’’; 
(10) by amending subsection (a)(4), as so re-
designated, to read as follows: 
‘‘(4) SELECTION
OF
ALTERNATIVE
BALLAST 
WATER MANAGEMENT METHODS.—In order for an 
alternative ballast water management method to be 
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