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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 260 Introduced in House (IH)]

110th CONGRESS
  1st Session
                                H. R. 260

     To establish marine and freshwater research, development, and 
  demonstration programs to support efforts to prevent, control, and 
    eradicate invasive species, as well as to educate citizens and 
                  stakeholders and restore ecosystems.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 2007

  Mr. Ehlers introduced the following bill; which was referred to the 
Committee on Science and Technology, and in addition to the Committees 
  on Transportation and Infrastructure, Natural Resources, and House 
   Administration, 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 establish marine and freshwater research, development, and 
  demonstration programs to support efforts to prevent, control, and 
    eradicate invasive species, as well as to educate citizens and 
                  stakeholders and restore ecosystems.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aquatic Invasive Species Research 
Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Aquatic invasive species damage infrastructure, disrupt 
        commerce, outcompete native species, reduce biodiversity, and 
        threaten human health.
            (2) The direct and indirect costs of aquatic invasive 
        species to our Nation's economy number in the billions of 
        dollars per year.
            (3) Recent studies have shown that, in addition to economic 
        damage, invasive species cause enormous environmental damage, 
        and have cited invasive species as the second leading threat to 
        endangered species.
            (4) Over the past 200 years, the rate of detected marine 
        and freshwater invasions in North America has increased 
        exponentially.
            (5) The rate of invasions continues to grow each year.
            (6) Marine and freshwater research underlies every aspect 
        of detecting, preventing, controlling, and eradicating invasive 
        species, educating citizens and stakeholders, and restoring 
        ecosystems.
            (7) Current Federal efforts, including research efforts, 
        have focused primarily on controlling established invasive 
        species, which is both costly and often unsuccessful. An 
        emphasis on research, development, and demonstration to support 
        efforts to prevent invasive species or eradicate them upon 
        entry into United States waters would likely result in a more 
        cost-effective and successful approach to combating invasive 
        species through preventing initial introduction.
            (8) Research, development, and demonstration to support 
        prevention and eradication includes monitoring of both pathways 
        and ecosystems to track the introduction and establishment of 
        nonnative species, and development and testing of technologies 
        to prevent introduction through known pathways.
            (9) Therefore, Congress finds that it is in the United 
        States interest to conduct a comprehensive and thorough 
        research, development, and demonstration program on aquatic 
        invasive species in order to better understand how aquatic 
        invasive species are introduced and become established and to 
        support efforts to prevent the introduction and establishment 
        of, and to eradicate, these species.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administering agencies.--The term ``administering 
        agencies'' means--
                    (A) the National Oceanic and Atmospheric 
                Administration (including the Great Lakes Environmental 
                Research Laboratory);
                    (B) the Smithsonian Institution (acting through the 
                Smithsonian Environmental Research Center); and
                    (C) the United States Geological Survey.
            (2) Aquatic ecosystem.--The term ``aquatic ecosystem'' 
        means a freshwater, marine, or estuarine environment (including 
        inland waters, riparian areas, and wetlands) located in the 
        United States.
            (3) Ballast water.--The term ``ballast water'' means any 
        water (with its suspended matter) used to maintain the trim and 
        stability of a vessel.
            (4) Invasion.--The term ``invasion'' means the introduction 
        and establishment of an invasive species into an ecosystem 
        beyond its historic range.
            (5) Invasive species.--The term ``invasive species'' means 
        a species--
                    (A) that is nonnative to the ecosystem under 
                consideration; and
                    (B) whose introduction causes or may cause harm to 
                the economy, the environment, or human health.
            (6) Invasive species council.--The term ``Invasive Species 
        Council'' means the council established by section 3 of 
        Executive Order No. 13112 (42 U.S.C. 4321 note).
            (7) Pathway.--The term ``pathway'' means 1 or more routes 
        by which an invasive species is transferred from one ecosystem 
        to another.
            (8) Species.--The term ``species'' means any fundamental 
        category of taxonomic classification or any viable biological 
        material ranking below a genus or subgenus.
            (9) Task force.--The term ``Task Force'' means the Aquatic 
        Nuisance Species Task Force established by section 1201(a) of 
        the Nonindigenous Aquatic Nuisance Prevention and Control Act 
        of 1990 (16 U.S.C. 4721(a)).
            (10) Type approval.--The term ``type approval'' means an 
        approval procedure under which a type of system is certified as 
        meeting a standard established pursuant to Federal law for a 
        particular application.

SEC. 4. COORDINATION AND IMPLEMENTATION.

    (a) Coordination.--In carrying out this Act, the administering 
agencies shall coordinate with--
            (1) appropriate State agencies;
            (2) the Fish and Wildlife Service, the Environmental 
        Protection Agency, and other appropriate Federal agencies; and
            (3) the Task Force and Invasive Species Council.
    (b) Implementation.--The administering agencies shall enter into a 
memorandum of understanding regarding the implementation of this Act, 
which shall include the coordination required by subsection (a).
    (c) Cooperation.--In carrying out this Act, the administering 
agencies shall contract, as appropriate, or otherwise cooperate with 
academic researchers.
    (d) Structure.--To the extent practicable, the administering 
agencies shall carry out this Act working within the organizational 
structure of the Task Force and Invasive Species Council.

SEC. 5. ECOLOGICAL AND PATHWAY RESEARCH.

    (a) In General.--The administering agencies shall develop and 
conduct a marine and fresh-water research program which shall include 
ecological and pathway surveys and experimentation to detect nonnative 
aquatic species in aquatic ecosystems and to assess rates and patterns 
of introductions of nonnative aquatic species in aquatic ecosystems. 
The goal of this marine and freshwater research program shall be to 
support efforts to prevent the introduction of, detect, and eradicate 
invasive species through informing early detection and rapid response 
efforts, informing relevant policy decisions, and assessing the 
effectiveness of implemented policies to prevent the introduction and 
spread of aquatic invasive species. Surveys and experiments under this 
subsection shall be commenced not later than 18 months after the date 
of the enactment of this Act.
    (b) Protocol Development.--The administering agencies shall 
establish standardized protocols for conducting ecological and pathway 
surveys of nonnative aquatic species under subsection (a) that are 
integrated and produce comparable data. Protocols shall, as 
practicable, be integrated with existing protocols and data collection 
methods. In developing the protocols under this subsection, the 
administering agencies shall draw on the recommendations gathered at 
the workshop under subsection (g). The protocols shall be peer 
reviewed, and revised as necessary. Protocols shall be completed within 
1 year after the date of the enactment of this Act.
    (c) Ecological and Pathway Survey Requirements.--(1) Each 
ecological survey conducted under subsection (a) shall, at a minimum--
            (A) document baseline ecological information of the aquatic 
        ecosystem including, to the extent practicable, a comprehensive 
        inventory of native species, nonnative species, and species of 
        unknown origin present in the ecosystem, as well as the 
        chemical and physical characteristics of the water and 
        underlying substrate;
            (B) for nonnative species, gather information to assist in 
        identifying their life history, environmental requirements and 
        tolerances, the historic range of their native ecosystems, and 
        their history of spreading from their native ecosystems;
            (C) track the establishment of nonnative species including 
        information about the estimated abundance of nonnative 
        organisms in order to allow an analysis of the probable date of 
        introduction of the species; and
            (D) identify the likely pathway of entry of nonnative 
        species.
    (2) Each pathway survey conducted under this section shall, at a 
minimum--
            (A) identify what nonnative aquatic species are being 
        introduced or may be introduced through the pathways under 
        consideration;
            (B) determine the quantities of organisms being introduced 
        through the pathways under consideration; and
            (C) determine the practices that contributed to or could 
        contribute to the introduction of nonnative aquatic species 
        through the pathway under consideration.
    (d) Number and Location of Survey Sites.--The administering 
agencies shall designate the number and location of survey sites 
necessary to carry out marine and freshwater research required under 
this section. In establishing sites under this subsection or subsection 
(e), emphasis shall be on the geographic diversity of sites, as well as 
the diversity of the human uses and biological characteristics of 
sites.
    (e) Competitive Grant Program.--The National Oceanic and 
Atmospheric Administration and the United States Geological Survey 
shall jointly administer a program to award competitive, peer-reviewed 
grants to academic institutions, State agencies, and other appropriate 
groups, in order to assist in carrying out subsection (a), and shall 
include to the maximum extent practicable diverse institutions, 
including Historically Black Colleges and Universities and those 
serving large proportions of Hispanics, Native Americans, Asian-Pacific 
Americans, or other underrepresented populations.
    (f) Ship Pathway Surveys.--Section 1102(b)(2)(B)(ii) of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4712(b)(2)(B)(ii)) is amended to read as follows:
                            ``(ii) examine other potential modes for 
                        the introduction of nonnative aquatic species 
                        by ship, including hull fouling.''.
    (g) Workshop.--In order to support the development of the protocols 
and design for the surveys under subsections (b) and (c), and to 
determine how to obtain consistent, comparable data across a range of 
ecosystems, the administering agencies shall convene at least one 
workshop with appropriate researchers and representatives involved in 
the management of aquatic invasive species from Federal and State 
agencies and academic institutions to gather recommendations. The 
administering agencies shall make the results of the workshop widely 
available to the public. The workshop shall be held within 180 days 
after the date of the enactment of this Act.
    (h) Experimentation.--The administering agencies shall conduct 
research to identify the relationship between the introduction and 
establishment of nonnative aquatic species, including those legally 
introduced, and the circumstances necessary for those species to become 
invasive.
    (i) National Pathway and Ecological Surveys Database.--
            (1) In general.--The United States Geological Survey shall 
        develop, maintain, and update, in consultation and cooperation 
        with the Smithsonian Institution (acting through the 
        Smithsonian Environmental Research Center), the National 
        Oceanic and Atmospheric Administration, and the Task Force, a 
        central, national database of information concerning 
        information collected under this section.
            (2) Requirements.--The database shall--
                    (A) be widely available to the public;
                    (B) be updated not less than once a quarter;
                    (C) be coordinated with existing databases, both 
                domestic and foreign, collecting similar information; 
                and
                    (D) be, to the maximum extent practicable, 
                formatted such that the data is useful for both 
                researchers and Federal and State employees managing 
                relevant invasive species programs.

SEC. 6. ANALYSIS.

    (a) Invasion Analysis.--
            (1) In general.--Not later than 3 years after the date of 
        the enactment of this Act, and every year thereafter, the 
        administering agencies shall analyze data collected under 
        section 5 and other relevant research on the rates and patterns 
        of invasions by aquatic invasive species in waters of the 
        United States. The purpose of this analysis shall be to use the 
        data collected under section 5 and other relevant research to 
        support efforts to prevent the introduction of, detect, and 
        eradicate invasive species through informing early detection 
        and rapid response efforts, informing relevant policy 
        decisions, and assessing the effectiveness of implemented 
        policies to prevent the introduction and spread of invasive 
        species.
            (2) Contents.--The analysis required under paragraph (1) 
        shall include with respect to aquatic invasive species--
                    (A) an analysis of pathways, including--
                            (i) identifying, and characterizing as 
                        high, medium, or low risk, pathways regionally 
                        and nationally;
                            (ii) identifying new and expanding 
                        pathways;
                            (iii) identifying handling practices that 
                        contribute to the introduction of species in 
                        pathways; and
                            (iv) assessing the risk that species 
                        legally introduced into the United States pose 
                        for introduction into aquatic ecosystems;
                    (B) patterns and rates of invasion and 
                susceptibility to invasion of various bodies of water;
                    (C) how the risk of establishment through a pathway 
                is related to the identity and number of organisms 
                transported;
                    (D) rates of spread and numbers and types of 
                pathways of spread of new populations of the aquatic 
                invasive species and an estimation of the potential 
                spread and distribution of newly introduced invasive 
                species based on their environmental requirements and 
                historical distribution;
                    (E) documentation of factors that influence an 
                ecosystem's vulnerability to a nonnative aquatic 
                species becoming invasive;
                    (F) a description of the potential for, and impacts 
                of, pathway management programs on invasion rates;
                    (G) recommendations for improvements in the 
                effectiveness of pathway management;
                    (H) to the extent practical, a determination of the 
                level of reduction in live organisms of various 
                taxonomic groups required to reduce the risk of 
                establishment to receiving aquatic ecosystems to an 
                acceptable level; and
                    (I) an evaluation of the effectiveness of 
                management actions (including any standard) at 
                preventing nonnative species introductions and 
                establishment.
    (b) Research To Assess the Potential of the Establishment of 
Introduced Species.--Within 2 years after the date of the enactment of 
this Act, the administering agencies shall develop a profile, based on 
the general characteristics of invasive species and vulnerable 
ecosystems, in order to predict, to the extent practical, whether a 
species planned for importation is likely to invade a particular 
aquatic ecosystem if introduced. In developing the profile, the above 
agencies shall analyze the research conducted under section 5, and 
other research as necessary, to determine general species and ecosystem 
characteristics (taking into account the opportunity for introduction 
into any ecosystem) and circumstances that can lead to establishment. 
Based on the profile, the Task Force shall make recommendations to the 
Invasive Species Council as to what planned importations of nonnative 
aquatic organisms should be restricted. This profile shall be peer-
reviewed.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for carrying out this section and section 5 of this Act, 
and section 1102(b)(2) of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4712(b)(2)) for each of the fiscal 
years 2008 through 2012--
            (1) $4,000,000 for the Smithsonian Environmental Research 
        Center;
            (2) $11,000,000 for the United States Geological Survey 
        (including activities through the Cooperative Fish and Wildlife 
        Research Program), of which $6,500,000 shall be for the grant 
        program under section 5(e), and of which $500,000 shall be for 
        developing, maintaining, and updating the database under 
        section 5(i); and
            (3) $10,500,000 for the National Oceanic and Atmospheric 
        Administration, of which $6,500,000 shall be for the grant 
        program under section 5(e).

SEC. 7. DISSEMINATION.

    (a) In General.--The Invasive Species Council, in coordination with 
the Task Force and the administering agencies, shall be responsible for 
disseminating the information collected under this Act to the public, 
including Federal, State, and local entities, relevant policymakers, 
and private researchers with responsibility over or interest in aquatic 
invasive species.
    (b) Report to Congress.--Not later than 3 years after the date of 
the enactment of this Act, the Invasive Species Council shall report 
actions and findings under section 6 to the Congress, and shall update 
this report once every 3 years thereafter, or more often as necessary.
    (c) Response Strategy.--The Invasive Species Council, in 
coordination with the Task Force, the administering agencies, and other 
appropriate Federal and State agencies, shall develop and implement a 
national strategy for how information collected under this Act will be 
shared with Federal, State, and local entities with responsibility for 
determining response to the introduction of potentially invasive 
aquatic species, to enable those entities to better and more rapidly 
respond to such introductions.
    (d) Pathway Practices.--The Invasive Species Council, in 
coordination with the Task Force and the administering agencies, shall 
disseminate information to, and develop an ongoing educational program 
for, pathway users (including vendors and customers) on how their 
practices could be modified to prevent the intentional or unintentional 
introduction of nonnative aquatic species into aquatic ecosystems.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the Interior for each of the fiscal 
years 2008 through 2012 $500,000 for the Invasive Species Council for 
carrying out this section.

SEC. 8. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND VERIFICATION.

    (a) Environmentally Sound Technology Development, Demonstration, 
and Verification.--
            (1) Grant program.--Not later than 1 year after the date of 
        the enactment of this Act, the Environmental Protection Agency, 
        acting through the Office of Research and Development, in 
        consultation with the Army Corps of Engineers, the 
        administering agencies, and the Task Force, shall develop and 
        begin administering a grant program to fund research, 
        development, demonstration, and verification of environmentally 
        sound cost-effective technologies and methods to control and 
        eradicate aquatic invasive species.
            (2) Purposes.--Proposals funded under this subsection 
        shall--
                    (A) seek to support Federal, State, or local 
                officials' ongoing efforts to control and eradicate 
                aquatic invasive species in an environmentally sound 
                manner;
                    (B) increase the number of environmentally sound 
                technologies or methods Federal, State, or local 
                officials may use to control or eradicate aquatic 
                invasive species;
                    (C) provide for demonstration or dissemination of 
                the technology or method to potential end-users; and
                    (D) verify that any technology or method meets any 
                appropriate criteria developed for effectiveness and 
                environmental soundness by the Environmental Protection 
                Agency.
            (3) Preference.--The Administrator of the Environmental 
        Protection Agency shall give preference to proposals that will 
        likely meet any appropriate criteria developed for 
        environmental soundness by the Environmental Protection Agency.
            (4) Merit review.--Grants shall be awarded under this 
        subsection through a competitive, peer-reviewed process.
            (5) Report.--Not later than 3 years after the date of the 
        enactment of this Act, the Administrator of the Environmental 
        Protection Agency shall prepare and submit a report to Congress 
        on the program conducted under this subsection. The report 
        shall include findings and recommendations of the Administrator 
        with regard to technologies and methods.
    (b) Ship Pathway Technology Demonstration.--
            (1) Reauthorization of program.--Section 1301(e) of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4741(e)) is amended by striking ``$2,500,000'' 
        and inserting ``$7,500,000 for each of the fiscal years 2008 
        through 2012''.
            (2) Expansion of program.--Section 1104(b) of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4714(b)) is amended--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (B) by inserting after paragraph (3) the following 
                new paragraph:
            ``(4) Additional purposes.--The Secretary of the Interior 
        and the Secretary of Commerce may also demonstrate and verify 
        technologies under this subsection to monitor and control 
        pathways of organism transport on ships other than through 
        ballast water.''.
            (3) Criteria and workshop.--Section 1104 of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4714) is amended by adding at the end the 
        following new subsections:
    ``(d) Criteria.--When issuing grants under this section, the 
National Oceanic and Atmospheric Administration shall give preference 
to those technologies that will likely meet the criteria laid out in 
any testing protocol developed by the Environmental Protection Agency 
Office of Research and Development's Environmental Technology 
Verification Program.
    ``(e) Workshop.--The National Oceanic and Atmospheric 
Administration shall hold an annual workshop of principal investigators 
funded under this section and researchers conducting research directly 
related to ship pathway technology development, for information 
exchange, and shall make the proceedings widely available to the 
public.''.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for each of the fiscal years 2008 through 2012 $2,500,000 
for the Environmental Protection Agency to carry out subsection (a).

SEC. 9. RESEARCH TO SUPPORT THE SETTING AND IMPLEMENTATION OF SHIP 
              PATHWAY STANDARDS.

    (a) Research Program.--The Coast Guard and the Environmental 
Protection Agency, in coordination with the National Oceanic and 
Atmospheric Administration, the Task Force, and other appropriate 
Federal agencies and academic researchers, shall develop a coordinated 
research program to support the promulgation and implementation of 
standards to prevent the introduction and spread of invasive species by 
ships that shall include--
            (1) characterizing physical, chemical, and biological 
        harbor conditions relevant to ballast discharge into United 
        States waters to inform the design and implementation of ship 
        vector control technologies and practices;
            (2) developing testing protocols for determining the 
        effectiveness of vector monitoring and control technologies and 
        practices;
            (3) researching and demonstrating methods for mitigating 
        the spread of invasive species by coastal voyages, including 
        exploring the effectiveness of alternative exchange zones in 
        the near coastal areas and other methods proposed to reduce 
        transfers of organisms;
            (4) verifying the practical effectiveness of any type 
        approval process to ensure that the process produces repeatable 
        and accurate assessments of treatment effectiveness; and
            (5) evaluating the effectiveness and residual risk and 
        environmental impacts associated with any standard set with 
        respect to the ship pathway through experimental research.
    (b) Working Group.--Not later than 2 years after the issuance by 
the Coast Guard of any standard relating to the introduction by ships 
of invasive species, the Coast Guard shall convene a working group 
including the Environmental Protection Agency, the administering 
agencies, and other appropriate Federal and State agencies and academic 
researchers, to evaluate the effectiveness of that standard and 
accompanying implementation protocols. The duties of the working group 
shall, at a minimum, include--
            (1) reviewing the effectiveness of the standard in reducing 
        the establishment of invasive species in aquatic ecosystems, 
        taking into consideration the data collected under section 5; 
        and
            (2) developing recommendations to the Coast Guard for the 
        revision of such standard and type approval process to ensure 
        effectiveness in reducing introductions and accurate shipboard 
        monitoring of treatment performance that is simple and 
        streamlined, which shall be made widely available to the 
        public.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for each of the fiscal years 2008 through 2012 $1,500,000 
for the Coast Guard and $1,500,000 for the Environmental Protection 
Agency to carry out subsection (a).

SEC. 10. RESEARCH IN SYSTEMATICS AND TAXONOMY.

    (a) In General.--The National Science Foundation shall establish a 
program to award grants to researchers at institutions of higher 
education and museums to carry out research programs in systematics and 
taxonomy.
    (b) Goals.--The goals of the program under this section are to--
            (1) encourage scientists to pursue careers in systematics 
        and taxonomy to ensure a continuing knowledge base in these 
        disciplines;
            (2) ensure that there will be adequate expertise in 
        systematics and taxonomy to support Federal, State, and local 
        needs to identify species;
            (3) develop this expertise throughout the United States 
        with an emphasis on regional diversity; and
            (4) draw on existing expertise in systematics and taxonomy 
        at institutions of higher education and museums to train the 
        next generation of systematists and taxonomists.
    (c) Criteria.--Grants shall be awarded under this section on a 
merit-reviewed competitive basis. Emphasis shall be placed on funding 
proposals in a diverse set of ecosystems and geographic locations, and, 
when applicable, integrated with the United States Long Term Ecological 
Research Network. Preference shall be given to proposals that will 
include student participation, and to institutions and museums that 
actively train students to become experts in taxonomy and systematics.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the National Science Foundation for carrying out this 
section $2,500,000 for each of the fiscal years 2008 through 2012.

SEC. 11. STATE PROGRAMS.

    (a) Plan.--The administering agencies, in cooperation with the 
appropriate State agencies, shall develop a plan to--
            (1) conduct a survey of methods States and Federal agencies 
        are using to control or eradicate aquatic invasive species;
            (2) facilitate the exchange of information among States and 
        Federal agencies on methods States or Federal agencies have 
        found to be effective at controlling or eradicating aquatic 
        invasive species and the costs of those methods; and
            (3) evaluate the cost-effectiveness of the various methods 
        States and Federal agencies are using to control or eradicate 
        aquatic invasive species.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the administering agencies shall jointly transmit to the 
Congress the plan described in subsection (a) and the expected costs of 
carrying out the plan.
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