‘‘(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 U.S.C. 
App. 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 
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‘‘(B) the vessel complies with— 
‘‘(i) recordkeeping requirements of 
this Act; 
‘‘(ii) contingency requirements of sec-
tion 1211; and 
‘‘(iii) reporting requirements of this 
Act. 
‘‘(f) 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. 
‘‘(g) 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. 
‘‘(h) SAFETY EXEMPTION.— 
‘‘(1) MASTER DISCRETION.—The Master of a 
vessel is not required to conduct a ballast water ex-
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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)). 
‘‘(i) NON-DISCRIMINATION.—The Secretary shall en-
sure that vessels registered outside of the United States 
do not receive more favorable treatment than vessels reg-
istered in the United States in any case in which the Sec-
retary performs studies, reviews compliance, determines 
effectiveness, establishes requirements, or performs any 
other responsibilities under this Act. 
‘‘(j) EFFECT ON OTHER LAW.—Nothing in this sec-
tion or any regulation promulgated under this section su-
persedes or otherwise affects any requirement or prohibi-
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tion relating to the discharge of ballast water under the 
Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 1102(c)(1) of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4712(c)(1)) is amended by striking 
‘‘issued under section 1101(b)’’ and inserting ‘‘pro-
mulgated under section 1101(e)’’. 
(2) Section 1102(f)(1)(B) of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4712(f)(1)(B)) is amended by 
striking ‘‘guidelines issued pursuant to section 
1101(c)’’ and inserting ‘‘regulations promulgated 
under section 1101(e)’’. 
SEC. 102. ARMED SERVICES WHOLE VESSEL MANAGEMENT 
PROGRAM. 
Section 1103 of the Nonindigenous 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 
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(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 and the Task 
Force, shall implement a towed vessel manage-
ment program for Department of Defense ves-
sels to minimize the risk of introductions of 
aquatic invasive species through hull and asso-
ciated hull aperture transfers by towed vessels. 
‘‘(B) CURRENT BALLAST PROGRAM.—Ex-
cept as provided in subparagraph (A), this Act 
does not affect the ballast program for Depart-
ment of Defense vessels in effect on the date of 
enactment of the Great Lakes Collaboration 
Implementation Act. 
‘‘(3) REPORTS.—Not later than 3 years after 
the date of enactment of the Great Lakes Collabora-
tion Implementation Act, and every 3 years there-
after, the Secretary of Defense shall submit to Con-
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gress a report that includes a summary and analysis 
of the program carried out under this section.’’. 
CHAPTER 2—PREVENTION OF THE INTRO-
DUCTION OF AQUATIC INVASIVE SPE-
CIES BY OTHER PATHWAYS 
SEC. 106. PRIORITY PATHWAY MANAGEMENT PROGRAM. 
Subtitle C of title I of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4721 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM. 
‘‘(a) IDENTIFICATION
OF HIGH PRIORITY PATH-
WAYS.—Not later than 2 years after the date of enactment 
of the Great Lakes Collaboration Implementation Act, and 
every 3 years thereafter, the Task Force, in coordination 
with the Invasive Species Council and in consultation with 
representatives of States, industry, and other interested 
parties, shall, based on pathway surveys and other avail-
able research relating to the rates of introductions in wa-
ters of the United States— 
‘‘(1) identify those pathways that pose the high-
est risk for introductions of invasive species, both 
nationally and on a region-by-region basis unless 
further managed; 
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