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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5030 Introduced in House (IH)]

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 Representatives 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 Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 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 species into 
        the Nation's waters is one of the most urgent 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;
            ``(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 introduced by 
        other vessel conduits, including the hulls of ships;
            ``(25) aquatic invasive species may be transferred 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 Organization 
        agreed to a Convention, which the United States played an 
        active role in negotiating, to prevent, 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 take more stringent 
        measures than those of the Convention with respect to the 
        control and management of ships' ballast water and sediment.''.

 TITLE I--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO 
                 WATERS OF THE UNITED STATES BY VESSELS

SEC. 101. BALLAST WATER MANAGEMENT.

    (a) In General.--Section 1101 of the Nonindigenous 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 paragraphs (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, constructed, or adapted to carry ballast water; 
        and
                    ``(A) is a vessel (or a structure being towed by a 
                vessel) of United States registry or nationality, or 
                operated under the authority of the United States, 
                wherever located; or
                    ``(B) is a foreign vessel that (or a structure 
                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 program.--The 
                Secretary of Defense and the Secretary, after 
                consultation with the Administrator and the Under 
                Secretary, shall implement a ballast water management 
                program, including the promulgation of standards for 
                ballast water exchange and treatment and for sediment 
                management, for vessels of the Armed Forces under their 
                respective jurisdictions designed, constructed, or 
                adapted to carry ballast water that is--
                            ``(i) consistent with the requirements of 
                        this section, including the deadlines; and
                            ``(ii) at least as stringent as the 
                        requirements promulgated for such vessels under 
                        section 312 of the Federal Water Pollution 
                        Control Act (33 U.S.C. 1322).
            ``(4) Special rule for small recreational vessels.--In 
        applying this section to recreational vessels less than 50 
        meters in length that have a maximum ballast water capacity of 
        8 cubic meters, the Secretary may promulgate alternative 
        measures for managing ballast water in a manner that is 
        consistent with the requirements of this section.
    ``(b) Uptake and Discharge of Ballast Water or Sediment.--
            ``(1) Prohibition.--The operator of a vessel to which this 
        section applies may not conduct the uptake or discharge of 
        ballast water or sediment except as provided in this section.
            ``(2) Exceptions.--Paragraph (1) does not apply to the 
        uptake or discharge of ballast water or sediment in the 
        following circumstances:
                    ``(A) The uptake or discharge is solely for the 
                purpose of--
                            ``(i) ensuring the safety of the vessel in 
                        an emergency situation; or
                            ``(ii) saving a life at sea.
                    ``(B) The uptake or discharge is accidental and the 
                result of damage to the vessel or its equipment and--
                            ``(i) all reasonable precautions to prevent 
                        or minimize ballast water and sediment 
                        discharge have been taken before and after the 
                        damage occurs, the discovery of the damage, and 
                        the discharge; and
                            ``(ii) the owner or officer in charge of 
                        the vessel did not willfully or recklessly 
                        cause the damage.
                    ``(C) The uptake or discharge is solely for the 
                purpose of avoiding or minimizing the discharge from 
                the vessel of pollution that would otherwise violate 
                applicable Federal or State law.
                    ``(D) The uptake or discharge of ballast water and 
                sediment occurs at the same location where the whole of 
                that ballast water and that sediment originated and 
                there is no mixing with ballast water and sediment from 
                another area that has not been managed in accordance 
                with the requirements of this section.
    ``(c) Aquatic Invasive Species Plan.--
            ``(1) In general.--The operator of a vessel to which this 
        section applies shall conduct all ballast water management 
        operations of that vessel in accordance with an aquatic 
        invasive species plan designed to minimize the discharge of 
        aquatic invasive species that--
                    ``(A) meets the requirements prescribed by the 
                Secretary by regulation; and
                    ``(B) is approved by the Secretary.
            ``(2) Approval criteria.--
                    ``(A) In general.--The Secretary may not approve an 
                aquatic invasive species 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 requirements of 
                        this section;
                            ``(iii) describes in detail safety 
                        procedures 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 requirements 
                        for vessels established under this section and 
                        a copy of each form necessary to meet those 
                        requirements;
                            ``(vi) includes documents relevant to 
                        aquatic invasive species management equipment 
                        and procedures;
                            ``(vii) includes the location of access 
                        points for sampling ballast water and sediment;
                            ``(viii) includes other requirements 
                        prescribed by the Secretary, including 
                        operational requirements for complying with 
                        subsections (f) and (g);
                            ``(ix) includes a contingency plan for 
                        acting under the safety or stability exception 
                        under subsection (f)(4), that includes 
                        procedures to reduce the risk of organism 
                        transfer via ballast water discharge; and
                            ``(x) meets all other requirements 
                        prescribed by the Secretary.
                    ``(B) Foreign vessels.--The Secretary may approve 
                an aquatic invasive species plan for a foreign vessel 
                (as defined in section 2101(12) of title 46, United 
                States Code) on the basis of a certificate of 
                compliance with the criteria described in subparagraph 
                (A) issued by the vessel's country of registration in 
                accordance with regulations promulgated by the 
                Secretary.
            ``(3) Copy of plan on board vessel.--The owner or operator 
        of a vessel to which this section applies shall--
                    ``(A) maintain a copy of the vessel's aquatic 
                invasive species plan on board at all times; and
                    ``(B) keep the plan readily available at all 
                reasonable times for examination by the Secretary or a 
                representative of the State in which the port is 
                located.
            ``(4) Regulations.--The Secretary, in consultation with the 
        Task Force, shall issue regulations prescribing the 
        requirements of this subsection.
    ``(d) Vessel Ballast Water Record Book.--
            ``(1) In general.--The owner or operator of a vessel to 
        which this section applies shall maintain a ballast water 
        record book in English on board the vessel in which--
                    ``(A) each operation involving the uptake or 
                discharge of ballast water or sediment discharge is 
                fully recorded without delay, in accordance with 
                regulations promulgated 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 subsection (b)(2) or (f)(4) 
                is described.
            ``(2) Availability.--The ballast water record book--
                    ``(A) shall be kept readily available for 
                examination by the Secretary or a representative of the 
                State at all reasonable times in each port that is 
                entered by the vessel; 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 3 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.
            ``(4) Regulations.--In the regulations prescribed under 
        this section, the Secretary shall require, 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 regarding the ballast 
                operations of the vessel as the Secretary may require.
            ``(5) Alternative means of recordkeeping.--The Secretary 
        shall provide by regulation for alternative methods of 
        recordkeeping, including electronic recordkeeping, to comply 
        with the requirements of this subsection.
            ``(6) National ballast information clearinghouse.--Records 
        required for a vessel under this subsection shall be 
        transmitted by the owner or operator of the vessel to the 
        National Ballast Information Clearinghouse established under 
        section 1102(f).
    ``(e) Best Management Practices.--
            ``(1) Guidelines for best management practices.--The 
        Secretary shall issue guidance for best management practices 
        for purposes of compliance with this section by no later than 
        18 months after the date of the enactment of this subsection.
            ``(2) Content.--The guidance shall include--
                    ``(A) sediment management in transoceanic vessels, 
                including--
                            ``(i) saltwater flushing of ballast tanks 
                        in accordance with subsection (f)(9) at regular 
                        intervals, for vessels that declare no-ballast-
                        on-board or claim to be carrying only 
                        unpumpable quantities of ballast water;
                            ``(ii) the minimization of ballast water 
                        uptake in areas with a greater risk of harmful 
                        organisms entering ballast tanks, such as areas 
                        with toxic algal blooms or known outbreaks of 
                        aquatic invasive species;
                            ``(iii) the avoidance of unnecessary 
                        ballast water discharge in a port of ballast 
                        water taken up in another port;
                            ``(iv) to the maximum extent possible, the 
                        collection and proper disposal of debris from 
                        cleaning of the vessel's hull;
                            ``(v) the proper use of anti-fouling 
                        coating; and
                            ``(vi) the minimization of the transfer of 
                        aquatic invasive species from other pathways 
                        relevant to the vessel or towed structure, 
                        including the hull.
    ``(f) Ballast Water Exchange Requirements.--
            ``(1) In general.--Until a vessel is required to conduct 
        ballast water treatment in accordance with subsection (g) of 
        this section, the operator of a vessel to which this section 
        applies may not discharge ballast water except after--
                    ``(A) conducting ballast water exchange, in 
                accordance with paragraph (3) and regulations 
                prescribed by the Secretary, in a manner that results 
                in an efficiency of at least 95 percent volumetric 
                exchange of the ballast water for each ballast water 
                tank;
                    ``(B) meeting the requirements of paragraph (9), if 
                the vessel's condition is such that the vessel is 
                declared to have no ballast on board or is claimed to 
                be carrying only unpumpable quantities of ballast;
                    ``(C) using ballast water treatment that meets the 
                performance standards of subsection (g); or
                    ``(D) using an environmentally sound alternative 
                ballast water treatment method if the Secretary 
                determines that the performance of such treatment 
                meets, for the relevant vessel or group vessels, the 
                International Maritime Organization standard for 
                treatment in the Ballast Water Management Convention.
            ``(2) Alternative ballast water treatment technology to 
        meet imo standards.--
                    ``(A) In general.--Within 1 year after the date of 
                the enactment of this paragraph, the Secretary, in 
                consultation with the Administrator and the Under 
                Secretary, shall promulgate regulations to establish an 
                approval process for alternative ballast water 
                treatment technologies meeting the International 
                Maritime Organization standard for treatment in the 
                Ballast Water Management Convention.
                    ``(B) Compliance with ballast water exchange 
                requirements.--A vessel is not in compliance with 
                paragraph (1)(D) unless the Secretary, under the 
                approval process established under subparagraph (A) of 
                this paragraph, approves the technology employed by the 
                vessel for purposes of complying with paragraph (1)(D).
                    ``(C) Incentives for use of alternative treatment 
                methods.--If a vessel uses an alternative ballast water 
                treatment technology approved under this paragraph, 
                then vessel is in compliance with subsection (g) for 
                the 10-year period beginning on the date that the 
                approved technology is first placed on the vessel.
                    ``(D) Revocation of approval.--The Secretary shall 
                revoke approval for an alternative technology if--
                            ``(i) it is discovered the technology does 
                        not meet the International Maritime 
                        Organization standard for treatment in the 
                        Ballast Water Management Convention; or
                            ``(ii) use of the technology causes harm to 
                        the environment.
                    ``(E) Discretionary revocation of approval.--The 
                Secretary may revoke approval for an alternative 
                technology if revocation of approval is appropriate 
                under any circumstance.
            ``(3) Exchange areas.--
                    ``(A) In general.--A vessel is in compliance with 
                paragraph (1)(A) only if--
                            ``(i) in the case of a vessel en route to a 
                        United States port or place from a port or 
                        place outside the United States exclusive 
                        economic zone, the vessel conducts ballast 
                        water exchange--
                                    ``(I) at least 200 nautical miles 
                                from the nearest point of land in the 
                                United States; and
                                    ``(II) in water at least 200 meters 
                                in depth;
                            ``(ii) in the case of a vessel originating 
                        from a port or place within the United States 
                        exclusive economic zone, or from a port within 
                        200 nautical miles of the United States in 
                        Canada, Mexico, or other ports designated by 
                        the Secretary for purposes of this section, the 
                        vessel conducts ballast water exchange--
                                    ``(I) at least 50 nautical miles 
                                from the nearest point of land in the 
                                United States, or in an area determined 
                                by the Secretary under subparagraph (B) 
                                of this paragraph or paragraph (6); and
                                    ``(II) in water at least 200 meters 
                                in depth.
                    ``(B) Designation of exchange areas.--
                            ``(i) Designation.--If the Secretary, in 
                        consultation with the Administrator and the 
                        Under Secretary, determines based on 
                        oceanographic information that 50 nautical 
                        miles is an inadequate distance from the 
                        nearest point of land in the United States to 
                        prevent harm to coastal areas from organisms 
                        released in ballast water exchanges, the 
                        Secretary shall issue regulations that 
                        establish designated areas for allowable 
                        ballast water exchange. The designated areas 
                        shall be located not more than 100 nautical 
                        miles from the nearest point of land in the 
                        United States.
                            ``(ii) Exchange deemed in compliance.--Any 
                        ballast water exchange conducted in accordance 
                        with regulations issued under this subparagraph 
                        is deemed to comply with this paragraph.
            ``(4) Safety or stability exception.--
                    ``(A) In general.--Paragraphs (1) and (3) do not 
                apply to the discharge of ballast water by a vessel if 
                the master of a vessel determines that compliance with 
                those paragraphs would threaten the safety or stability 
                of the vessel, its crew, or its passengers because of 
                adverse weather, equipment failure, or any other 
                relevant condition.
                    ``(B) Notification required.--Whenever the master 
                of a vessel is unable to comply with the requirements 
                of paragraphs (1) and (3) because of a determination 
                made under subparagraph (A), the master of the vessel 
                shall--
                            ``(i) notify the Secretary as soon as 
                        practicable thereafter but no later than 24 
                        hours after making that determination;
                            ``(ii) ensure that the determination, the 
                        reasons for the determination, and the notice 
                        are recorded in the vessel's ballast water 
                        record book; and
                            ``(iii) conduct one of the following--
                                    ``(I) undertake ballast water 
                                exchange in an alternative area 
                                designated by the Secretary under 
                                paragraph (3)(B) or paragraph (6);
                                    ``(II) undertake discharge of 
                                ballast water in accordance with 
                                paragraph (7); or
                                    ``(III) act in accordance with a 
                                contingency plan included in the 
                                vessel's aquatic invasive species plan.
                    ``(C) Review of circumstances.--If the master of a 
                vessel conducts a ballast water discharge under this 
                paragraph, the Secretary shall review the circumstances 
                to determine whether the discharge met the requirements 
                of this paragraph. The review under this subparagraph 
                shall be in addition to any other enforcement authority 
                of the Secretary.
            ``(5) Discharge under waiver.--
                    ``(A) Substantial business hardship waiver.--If, 
                because of the short length of a voyage, the operator 
                of a vessel is unable to discharge ballast water in 
                accordance with the requirements of paragraph 
                (3)(A)(ii) without substantial business hardship, as 
                determined under regulations prescribed by the 
                Secretary, the operator may request a waiver from the 
                Secretary to discharge ballast water in accordance with 
                paragraph (7). A request for a waiver under this 
                subparagraph shall be submitted to the Secretary at 
                such time and in such form and manner as the Secretary 
                may require.
                    ``(B) Substantial business hardship.--For purposes 
                of subparagraph (A), the factors taken into account in 
                determining substantial business hardship shall include 
                whether--
                            ``(i) compliance with the requirements of 
                        paragraph (3)(A)(ii) would require a 
                        sufficiently great change in routing or 
                        scheduling of service as to compromise the 
                        economic or commercial viability of the trade 
                        or business in which the vessel is operated; or
                            ``(ii) it is reasonable to expect that the 
                        trade or business or service provided will be 
                        continued only if a waiver is granted under 
                        subparagraph (A).
                    ``(C) Aquatic invasive species plan.--If the 
                Secretary grants a waiver under this paragraph for a 
                vessel, then the aquatic invasive species plan as 
                required for the vessel under subsection (c) shall be 
                revised to include operations to minimize the risk of 
                introduction of aquatic invasive species.
            ``(6) Designation of alternative areas.--
                    ``(A) Review of potential alternative areas.--
                Within 1 year after the date of the enactment of this 
                paragraph, the Secretary, in consultation with the 
                Under Secretary, the Task Force, the Administrator, and 
                a representative of any State that may be affected by 
                discharge of ballast water in an area, shall finish a 
                review to assist in the designation of alternative 
                areas that would not be affected by the discharge of 
                ballast water.
                    ``(B) Regulations.--After completion of the review 
                in accordance with subparagraph (A), the Secretary may 
                issue regulations designating alternative areas where 
                the discharge of ballast water would not affect the 
                surrounding aquatic ecosystem.
                    ``(C) Review and revision.--The Secretary shall 
                review and revise the designation of alternative areas 
                under this paragraph as necessary.
                    ``(D) Special review and revision.--Not later than 
                90 days after the date on which the Task Force makes a 
                request to the Secretary for a special review and 
                revision of the areas designated as alternative areas 
                for ballast water discharge, the Secretary, in 
                consultation with the Under Secretary, the Task Force, 
                the Administrator, and a representative of any State 
                that may be affected by the discharge of ballast water 
                in such an area, shall conduct a review to revise the 
                designations if necessary.
            ``(7) Permissible discharge.--
                    ``(A) In general.--The discharge of ballast water 
                shall be considered to be carried out in accordance 
                with this paragraph if it is--
                            ``(i) in an alternative area designated for 
                        that purpose under paragraph (6) by the 
                        Secretary; or
                            ``(ii) into a reception facility described 
                        in subsection (g)(2).
                    ``(B) Limitation on volume.--The volume of any 
                ballast water discharged under the provisions of this 
                paragraph may not exceed the volume necessary to ensure 
                the safe operation of the vessel.
            ``(8) Partial compliance.--
                    ``(A) In general.--The operator of a vessel that is 
                unable to comply fully with the requirements of 
                paragraphs (1) and (3)--
                            ``(i) shall nonetheless conduct ballast 
                        water exchange to the maximum extent feasible 
                        in compliance with those paragraphs;
                            ``(ii) may conduct a partial ballast water 
                        exchange under this paragraph only to the 
                        extent that the ballast water in an individual 
                        ballast tank can be completely exchanged in 
                        accordance with paragraph (1);
                            ``(iii) shall notify the Secretary as soon 
                        as practicable thereafter, but no later than 24 
                        hours after making the determination to conduct 
                        ballast water exchange under this paragraph; 
                        and
                            ``(iv) shall ensure that the determination, 
                        the reasons for the determination, and the 
                        notice are recorded in the vessel's ballast 
                        water record book.
                    ``(B) Review of circumstances.--If the master of a 
                vessel conducts a ballast water discharge under this 
                paragraph, the Secretary shall review the circumstances 
                to determine whether the vessel was unable to comply 
                fully with the requirements of paragraphs (1) and (3). 
                The review under this subparagraph shall be in addition 
                to any other enforcement authority of the Secretary.
            ``(9) Special requirements for nobobs.--
                    ``(A) Saltwater flushing requirement.--Beginning 
                180 days after the date of the enactment of this 
                paragraph, any vessel operating en route to the United 
                States from outside the exclusive economic zone of the 
                United States that is unable to conduct ballast water 
                exchange as otherwise required under this subsection, 
                other than as provided in paragraph (4) and paragraph 
                (5), shall conduct saltwater flushing of its empty 
                ballast tanks in an area located at least 200 nautical 
                miles from any point on land in the United States 
                before entering any port in the United States.
                    ``(B) Saltwater flushing defined.--For the purposes 
                of this paragraph, the term `saltwater flushing' means 
                a process that includes--
                            ``(i) the addition to each empty ballast 
                        tank of as much ocean water that is safe for 
                        the vessel and crew;
                            ``(ii) the mixing of the flush water with 
                        residual water and sediment through the motion 
                        of the vessel; and
                            ``(iii) the discharge of the mixed water,
                in areas greater than 200 nautical miles from the 
                nearest point of land in the United States such that 
                the resultant residual water remaining in the tank has 
                a salinity greater than 30 parts per thousand.
            ``(10) Designation of enclosed aquatic ecosystems.--
                    ``(A) In general.--The Secretary, in consultation 
                with the Under Secretary, the Administrator, the Task 
                Force, and representatives from affected States 
                designated by the Task Force, shall designate, in 
                addition to the Great Lakes, enclosed aquatic 
                ecosystems in which the potential for movement of 
                organisms by natural and anthropogenic means is not 
                significantly altered by the movement of vessels, 
                including ballast water discharge, to which this 
                section apply.
                    ``(B) Designation of represented states.--The Task 
                Force shall designate the States that may appoint 
                representatives to assist in designating enclosed 
                aquatic ecosystems under subparagraph (A) and the 
                number of representatives that may be appointed for 
                each State. The governor of each designated State shall 
                appoint the representatives for that State.
            ``(11) Vessels operating on the great lakes.--No vessel 
        shall be operated in the Great Lakes if the master of the 
        vessel has not certified to the Secretary or the Secretary's 
        designee by not later than the departure of that vessel from 
        the first lock in the St. Lawrence Seaway that the vessel has 
        complied with the requirements under this title, including the 
        regulations issued under this title.
            ``(12) Certain geographically limited routes.--
        Notwithstanding paragraph (3)(B) of this subsection, the 
        operator of a vessel is not required to comply with the 
        requirements of paragraph (1) if--
                    ``(A) the vessel operates exclusively--
                            ``(i) within Lake Superior, Lake Michigan, 
                        Lake Huron, and Lake Erie and the connecting 
                        channels;
                            ``(ii) between or among the main group of 
                        the Hawaiian Islands; or
                            ``(iii) within any enclosed aquatic 
                        ecosystem designated under paragraph (10); and
                    ``(B) the vessel carries only ballast water and 
                sediment from the area identified under subparagraph 
                (A).
            ``(13) Marine sanctuaries and other prohibited areas.--A 
        vessel may not conduct ballast water exchange or discharge 
        unexchanged ballast water under this subsection within a marine 
        sanctuary designated under title III of the National Marine 
        Sanctuaries Act (16 U.S.C. 1431 et seq.) or in any other waters 
        designated by the Secretary after consultation with the Under 
        Secretary and the Administrator.
            ``(14) Study and requirement of alternatives for the great 
        lakes.--
                    ``(A) Study.--Not later than January 1, 2011, the 
                Secretary, in consultation with the Administer and the 
                Under Secretary, shall conduct a study to evaluate 
                alternatives to on-board treatment, including but not 
                limited to cargo transfer and shore-based treatment, 
                for vessels entering the Great Lakes from beyond the 
                exclusive economic zone.
                    ``(B) Regulations.--The Secretary may promulgate 
                regulations based on the results of the study to 
                require alternatives that would assist in preventing 
                the introduction of aquatic invasive species from 
                vessels.
            ``(15) Public notice of actions.--
                    ``(A) Notice requirement.--The Secretary shall 
                provide public notice of each of the following:
                            ``(i) Exemptions applied under paragraph 
                        (4), including the nature and circumstances 
                        surrounding the application of the exemption.
                            ``(ii) Waivers granted under paragraph (5), 
                        including the nature and circumstances 
                        surrounding the waiver.
                            ``(iii) Instances of partial compliance 
                        under paragraph (8), including the nature and 
                        circumstances surrounding the instance of 
                        partial compliance.
                            ``(iv) Determinations made by the Secretary 
                        after reviews conducted pursuant to paragraphs 
                        (4) and (8).
                    ``(B) Manner of notice.--The Secretary shall 
                publish notice under this paragraph--
                            ``(i) in the Federal Register and on 
                        relevant web sites maintained by the Secretary;
                            ``(ii) once every 2 weeks; and
                            ``(iii) with respect to all of the matters 
                        referred to in subparagraph (A) for the 2-week 
                        period preceding publication of the notice.
                    ``(C) Database of notices.--The Secretary shall 
                make all notices published under subparagraph (B)(i) 
                available, at all times, to the public on relevant 
                World Wide Web sites maintained by the Secretary.
            ``(16) Regulations deadline.--The Secretary shall issue a 
        final rule for regulations required by this subsection within 1 
        year after the date of enactment of the Prevention of Aquatic 
        Invasive Species Act of 2006.
    ``(g) Ballast Water Treatment Requirements.--
            ``(1) Performance standards.--A vessel to which this 
        section applies shall conduct ballast water treatment in 
        accordance with the requirements of this subsection before 
        discharging ballast water so that the ballast water discharged 
        will contain--
                    ``(A) less than 1 living organism per 10 cubic 
                meters that is 50 or more micrometers in minimum 
                dimension;
                    ``(B) less than 1 living organism per 10 
                milliliters that is less than 50 micrometers in minimum 
                dimension and more than 10 micrometers in minimum 
                dimension;
                    ``(C) concentrations of indicator microbes that are 
                less than--
                            ``(i) 1 colony-forming unit of toxicogenic 
                        Vibrio cholera (serotypes O1 and O139) per 100 
                        milliliters, or less than 1 colony-forming unit 
                        of that microbe per gram of wet weight of 
                        zoological samples;
                            ``(ii) 126 colony-forming units of 
                        escherichia coli per 100 milliliters; and
                            ``(iii) 33 colony-forming units of 
                        intestinal enterococci per 100 milliliters; and
                    ``(D) concentrations of such additional indicator 
                microbes as may be specified in regulations promulgated 
                by the Secretary, after consultation with the 
                Administrator, that are less than the amount specified 
                in those regulations.
            ``(2) Reception facility exception.--
                    ``(A) In general.--Paragraph (1) does not apply to 
                a vessel that discharges ballast water into--
                            ``(i) a land-based facility for the 
                        reception of ballast water that meets standards 
                        prescribed by the Administrator; or
                            ``(ii) a water-based facility for the 
                        reception of ballast water that meets standards 
                        prescribed by the Secretary.
                    ``(B) Promulgation of standards.--Within 1 year 
                after the date of enactment of the paragraph--
                            ``(i) the Administrator shall promulgate 
                        standards for--
                                    ``(I) the reception of ballast 
                                water in land-based facilities; and
                                    ``(II) the disposal or treatment of 
                                ballast water discharged into a land-
                                based or water-based reception facility 
                                in a way that does not impair or damage 
                                the environment, human health, 
                                property, or resources; and
                            ``(ii) the Secretary shall promulgate 
                        standards for the reception of ballast water in 
                        water-based facilities.
            ``(3) Implementation schedule.--Paragraph (1) applies to 
        vessels in accordance with the following schedule:
                    ``(A) First phase.--Beginning January 1, 2009, for 
                vessels constructed on or after that date with a 
                ballast water capacity of less than 5,000 cubic meters.
                    ``(B) Second phase.--Beginning January 1, 2012, for 
                vessels constructed on or after that date with a 
                ballast water capacity of 5,000 cubic meters or more.
                    ``(C) Third phase.--Beginning January 1, 2014, for 
                vessels constructed before January 1, 2009, with a 
                ballast water capacity of 1,500 cubic meters or more 
                but not more than 5,000 cubic meters.
                    ``(D) Fourth phase.--Beginning January 1, 2016, for 
                vessels constructed--
                            ``(i) before January 1, 2009, with a 
                        ballast water capacity of less than 1,500 cubic 
                        meters or 5,000 cubic meters or more; or
                            ``(ii) on or after January 1, 2009, and 
                        before January 1, 2012, with a ballast water 
                        capacity of 5,000 cubic meters or more.
            ``(4) Treatment system approval required.--The operator of 
        a vessel may not use a ballast water treatment system to comply 
        with the requirements of this subsection unless the system is 
        approved by the Secretary under paragraph (8) or (10).
            ``(5) Feasibility review.--
                    ``(A) In general.--Not less than 2 years before the 
                date on which paragraph (1) applies to vessels under 
                each subparagraph of paragraph (3), or as that date may 
                be extended under this paragraph, the Secretary, in 
                consultation with the Administrator, the Under 
                Secretary, and the Task Force, shall complete a review 
                to determine whether appropriate technologies are 
                available to achieve the standards set forth in 
                paragraph (1) for the vessels to which they apply under 
                the schedule set forth in paragraph (3). In reviewing 
                the technologies the Secretary shall consider--
                            ``(i) the effectiveness of a technology in 
                        achieving the standards;
                            ``(ii) feasibility in terms of 
                        compatibility with vessel design and 
                        operations;
                            ``(iii) safety considerations;
                            ``(iv) whether a technology is determined 
                        to have an adverse impact on the environment 
                        under the criteria issued under paragraph (11); 
                        and
                            ``(v) cost effectiveness.
                    ``(B) Delay in scheduled application.--If the 
                Secretary determines, on the basis of the review 
                conducted under subparagraph (A), that compliance with 
                the standards set forth in paragraph (1) in accordance 
                with the schedule set forth in any subparagraph of 
                paragraph (3) is not feasible for any class of vessels, 
                the Secretary, in consultation with the Administrator, 
                the Under Secretary, and the Task Force, shall--
                            ``(i) extend the date on which that 
                        subparagraph first applies to vessels for a 
                        period of not more than 24 months; and
                            ``(ii) recommend action to ensure that 
                        compliance with the extended date schedule for 
                        that subparagraph is achieved.
                    ``(C) Higher standards; earlier implementation.--
                            ``(i) Standards.--If the Secretary 
                        determines that ballast water treatment 
                        technology exists that exceeds the performance 
                        standards required under this subsection, the 
                        Secretary, in consultation with the 
                        Administrator, the Under Secretary, and the 
                        Task Force, shall, for any class of vessels, 
                        revise the performance standards to incorporate 
                        the higher performance standards.
                            ``(ii) Implementation.--If the Secretary 
                        determines that technology that achieves the 
                        applicable performance standards required under 
                        this subsection can be implemented earlier than 
                        required by this subsection, the Secretary, in 
                        consultation with the Administrator, the Under 
                        Secretary, and the Task Force, shall, for any 
                        class of vessels, accelerate the implementation 
                        schedule under paragraph (3). If the Secretary 
                        accelerates the implementation schedule 
                        pursuant to this clause, the Secretary shall 
                        provide notice at least 24 months before such 
                        accelerated implementation goes into effect.
                            ``(iii) Determinations not mutually 
                        exclusive.--The Secretary shall take action 
                        under both clause (i) and clause (ii) if the 
                        Secretary makes determinations under both 
                        clauses.
                    ``(D) Interim standards.--If the Secretary 
                determines that appropriate technologies are not 
                available to meet the standards set forth in paragraph 
                (1), then the International Maritime Organization 
                standard for treatment in the Ballast Water Management 
                Convention shall apply instead of the standards set 
                forth in paragraph (1), in accordance with the 
                implementation schedule established under paragraph 
                (3), until the standards set forth in paragraph (1) 
                take effect pursuant to subparagraph (B).
            ``(6) Review of ballast water treatment standards.--At the 
        end of the 3-year period beginning on the date of the enactment 
        of this paragraph and every 3 years thereafter, the Secretary, 
        in consultation with the Administrator and based on 
        recommendations by the Task Force and information collected and 
        analyzed under this title, and in accordance with criteria 
        developed by the Task Force under paragraph (15), shall--
                    ``(A) assess the compliance by vessels with 
                regulations promulgated under this section;
                    ``(B) assess the effectiveness of regulations 
                promulgated under this section in reducing the 
                introduction and spread of aquatic invasive species by 
                vessels;
                    ``(C) assess the approval process under paragraph 
                (8); and
                    ``(D) as necessary, revise regulations promulgated 
                under this section and promulgate new regulations.
            ``(7) Special review and revision.--Not later than 90 days 
        after the date on which the Task Force makes a request to the 
        Secretary for a special review and revision of the regulations 
        promulgated under this section, the Secretary, in consultation 
        with the Administrator, shall conduct a special review in 
        accordance with paragraph (6), including the revision of 
        regulations or the promulgation of new regulations as 
        necessary.
            ``(8) Approval of ballast water treatment systems.--
                    ``(A) Regulations.--The Secretary, in consultation 
                with the Administrator, the Under Secretary, and the 
                Task Force and by not later than 1 year after the date 
                of the enactment of this paragraph, shall issue 
                regulations establishing an approval process for 
                ballast water treatment systems. The regulations shall 
                include standards for the certification of treatment or 
                practices and an ongoing enforcement of the use of 
                treatments and practices.
                    ``(B) Qualified type-approval process.--The 
                approval of ballast water treatment systems shall be 
                based on a qualified type-approval process that is 
                capable of estimating the extent to which treated 
                ballast water discharge is to comply with the standards 
                of paragraph (1).
                    ``(C) Consideration of restrictions.--The approval 
                of ballast water treatment systems shall take into 
                account restrictions relating to--
                            ``(i) biological, chemical, or physical 
                        conditions of water taken into ballast tanks; 
                        and
                            ``(ii) conditions encountered during a 
                        ship's voyage.
                    ``(D) Environmental soundness and safety.--The 
                approval process for ballast water treatment systems 
                shall be capable of determining the extent to which a 
                ballast water treatment method is--
                            ``(i) environmentally sound based on 
                        criteria promulgated by the Administrator 
                        pursuant to paragraph (11); and
                            ``(ii) safe for vessel and crew.
                    ``(E) Estimation of useful life.--The approval 
                process for ballast water treatment systems may be used 
                to estimate the useful life of the ballast water 
                treatment system, as determined on the basis of voyage 
                patterns and normal use conditions.
                    ``(F) Ship-boarding testing.--The approval process 
                of ballast water treatment systems shall include a 
                ship-boarding testing component, and may include a 
                shore-based testing component.
                    ``(G) Monitoring.--The approval process for ballast 
                water treatment systems shall provide for appropriate 
                monitoring.
                    ``(H) Application form and information.--The 
                Secretary shall approve an application for 
                certification of ballast water treatment system only if 
                the application is in such form and contains such 
                information as the Secretary requires.
            ``(9) Monitoring and effectiveness; revocation of 
        certification.--Based on the results of appropriate monitoring 
        of ballast water treatment systems, the Secretary shall revoke 
        the certification of a ballast water treatment system if it is 
        found that ballast water treated with the system does not meet 
        the standards of paragraph (1) or paragraph (11).
            ``(10) Approval of experimental ballast water treatment 
        technologies.--
                    ``(A) In general.--If a vessel participates in a 
                program approved by the Secretary to test and evaluate 
                promising ballast water treatment technologies that are 
                likely to result in treatment technologies achieving a 
                standard that is the same as or more stringent than the 
                standard that applies under paragraph (1) before the 
                first date on which paragraph (1) applies to that 
                vessel, the Secretary shall certify a vessel to allow 
                the use of that technology and such vessel shall be 
                deemed to be in compliance with the requirements of 
                paragraph (1) during the period of certification.
                    ``(B) Guidelines by secretary.--The Secretary, in 
                consultation with the Administrator, the Under 
                Secretary, and the Task Force, within 1 year after the 
                date of the enactment of this paragraph shall issue 
                guidelines for the approval of experimental ballast 
                water treatment technologies that are likely to meet 
                the standards of paragraph (1).
                    ``(C) Guidelines by administrator.--The 
                Administrator, in consultation with the Secretary, the 
                Under Secretary, and the Task Force, within 1 year 
                after the date of the enactment of this paragraph shall 
                issue guidelines for the approval of ballast water 
                treatment technologies under this paragraph pursuant to 
                the environmental soundness criteria under paragraph 
                (11).
                    ``(D) Criteria by administrator.--The Administrator 
                shall include in criteria promulgated under paragraph 
                (11) specific criteria to grant environmental soundness 
                exceptions such that, in an emergency situation, to 
                achieve reductions in significant and acute risk of 
                transfers of invasive species by vessels, the Secretary 
                and the Administrator may jointly determine to make an 
                exception to criteria of paragraph (11). To be eligible 
                for an exception, approval for an experimental 
                technology under this paragraph shall be subject to all 
                other provisions of this paragraph.
                    ``(E) Certification by administrator.--Not later 
                than 90 days after receiving an application, the 
                Administrator shall review the application for 
                compliance with environmental soundness criteria under 
                paragraph (11) and certify the ballast water treatment 
                system covered by the application as meeting 
                environmental requirements if it indeed meets those 
                criteria. The Administrator's determination should be 
                based on independent and peer-reviewed information.
                    ``(F) Approval or disapproval by secretary.--Not 
                later than 180 days after receiving an application, the 
                Secretary shall--
                            ``(i) determine if the ballast water 
                        treatment system covered by the application 
                        meets the requirements of this subsection;
                            ``(ii) approve or disapprove the 
                        application; and
                            ``(iii) provide the applicant written 
                        notice of the approval or disapproval.
                    ``(G) Appeal process.--As part of the guidelines 
                issued under this paragraph, the Secretary shall 
                establish a process for applicants receiving a notice 
                of disapproval to appeal the Secretary's decision.
                    ``(H) Certification by administrator required.--The 
                Secretary shall approve and certify a ballast water 
                treatment system only if the Administrator certifies 
                the system as meeting the criteria of paragraph (11).
                    ``(I) Conditions of use of approved systems.--As 
                determined by the Secretary in consultation with the 
                Administrator and the Under Secretary, approved ballast 
                water treatment systems shall be used only for voyage 
                patterns, durations, or any other characteristic that 
                may affect the effectiveness or environmental soundness 
                of the ballast water treatment system covered by the 
                application.
                    ``(J) Determination of vessels to use approved 
                system.--Approved ballast water treatment systems may 
                be applicable to a specific vessel or group of vessels 
                as determined by the Secretary.
                    ``(K) Variety and type of participating vessels.--
                The Secretary shall seek to ensure that a wide variety 
                of vessel types and voyages are included in the 
                program, but may not grant a delay under this paragraph 
                to more than 5 percent of the vessels to which this 
                subsection applies.
                    ``(L) Exemptions.--A vessel operating en route to 
                the United States from outside the exclusive economic 
                zone of the United States that declares to have no 
                ballast on board or is claimed to be carrying only 
                umpumpable quantities of ballast are exempt from the 
                requirements of subparagraph (K).
                    ``(M) Term of certification.--The certification of 
                an approved ballast water treatment system shall be 
                valid only for the lesser of the following:
                            ``(i) The expected life of the ballast 
                        water treatment system.
                            ``(ii) 10 years.
                            ``(iii) Until such time as the Secretary or 
                        Administrator (as appropriate) determines that, 
                        based on available information, the ballast 
                        water treatment system fails to meet the 
                        requirements of this subsection.
                    ``(N) Termination of certification.--The Secretary 
                may terminate the certification of a vessel under this 
                subsection if participation of the vessel in the 
                program is terminated without the consent of the 
                Secretary.
                    ``(O) Sampling and reporting information.--Upon 
                receiving approval for a treatment under this 
                paragraph, the owner or operator of a vessel shall 
                collect and report such information requested by the 
                Secretary regarding the operational and biological 
                effectiveness of the treatment through sampling of the 
                intake and discharge ballast.
                    ``(P) Annual evaluation; revocation of 
                certification.--The Secretary, in consultation with the 
                Administrator and the Under Secretary, shall establish 
                an annual evaluation process to determine if approved 
                experimental technology is effective or causing harm to 
                the environment. If the technology is not effective or 
                causes harm to the environment, then the Secretary 
                shall revoke the certification.
                    ``(Q) Fees.--The Secretary, with concurrence of the 
                Administrator, may establish fees for processing the 
                application.
            ``(11) Environmental soundness criteria for ballast water 
        treatment systems.--
                    ``(A) In general.--The Administrator shall include 
                in criteria promulgated under section 1202(k)(1) 
                specific criteria--
                            ``(i) to ensure environmental soundness of 
                        ballast water treatment systems; and
                            ``(ii) to grant environmental soundness 
                        exceptions under subparagraph (B).
                    ``(B) Exceptions.--In reviewing applications under 
                paragraph (10) in an emergency situation to achieve 
                reductions in significant and acute risk of transfers 
                of invasive species by vessels, the Secretary and the 
                Administrator may jointly determine to make an 
                exception to criteria described in subparagraph (A)(i).
            ``(12) Incentives for use of ballast water treatment 
        systems.--The Secretary, the Secretary of Transportation, and 
        the Administrator shall assist owners or operators of vessels 
        that seek to obtain experimental approval for installation of 
        ballast water treatment systems, including through providing 
        guidance on--
                    ``(A) a sampling protocol and test program for cost 
                effective treatment evaluation;
                    ``(B) sources of sampling equipment and field 
                biological expertise; and
                    ``(C) examples of shipboard evaluation studies.
            ``(13) Selection of technologies and practices.--In 
        selecting technologies and practices for shipboard 
        demonstration under section 1104(b), the Secretary of the 
        Interior and the Secretary of Commerce shall give priority 
        consideration to technologies and practices that have received 
        or are in the process of receiving certification under 
        paragraph (10).
            ``(14) Annual summaries on performance of ballast water 
        treatment technologies.--
                    ``(A) Annual summaries.--The Secretary shall 
                annually summarize, and make available to interested 
                persons, all available information on the performance 
                of technologies proposed for ballast water treatment to 
                facilitate the application process for experimental 
                approval for ballast water treatment.
                    ``(B) Publication of other information.--The 
                Administrator, in consultation with the Invasive 
                Species Council, shall publish not later than 1 year 
                after the date of the enactment of this paragraph and 
                update annually--
                            ``(i) a list of environmentally sound 
                        treatment methods that meet the requirements of 
                        this section;
                            ``(ii) accompanying research that supports 
                        the environmental soundness of each approved 
                        treatment method; and
                            ``(iii) explicit guidelines under which 
                        each treatment method can be used in an 
                        environmentally sound manner.
                    ``(C) Reports.--The Invasive Species Council and 
                the Task Force shall include the published information 
                in the reports submitted under section 1201(f)(2)(B).
            ``(15) Criteria for adequacy and effectiveness.--Not later 
        than 1 year after the date of the enactment of this paragraph 
        and every 3 years thereafter, the Task Force shall submit to 
        the Secretary criteria for determining the adequacy and 
        effectiveness of all regulations promulgated under this 
        section.
            ``(16) High-risk vessels.--
                    ``(A) Vessel list.--Within 1 year after the date of 
                enactment of the Prevention of Aquatic Invasive Species 
                Act of 2006, the Secretary shall initiate a list, in 
                consultation with States, of vessels that, due to 
                factors such as the origin of their voyages, the 
                frequency of their voyages, the volume of ballast water 
                they carry, the biological makeup of the ballast water, 
                and the fact that they frequently discharge unexchanged 
                or improperly exchanged ballast water pursuant to an 
                exception under subsection (f), pose a relatively high 
                risk of introducing aquatic invasive species into the 
                waters of those States.
                    ``(B) Incentive programs.--The Secretary shall--
                            ``(i) give priority to vessels on the list 
                        for participation in pilot programs described 
                        in paragraph (10); and
                            ``(ii) encourage Federal and State 
                        technology development programs or other 
                        incentives (whether positive or negative) to 
                        give priority to such vessels in order to 
                        encourage the adoption of ballast water 
                        treatment technology by those vessels 
                        consistent with the requirements of this 
                        section on an expedited basis.
            ``(17) Qualified exemptions.--
                    ``(A) In general.--A vessel operating entirely on 
                the Great Lakes or in enclosed aquatic ecosystems 
                designated under subsection (f)(10) shall be granted an 
                exemption from the requirements of this subsection if 
                the vessel meets requirements prescribed by the 
                Secretary.
                    ``(B) Guidelines establishing process.--The 
                Secretary, in consultation with the Administrator and 
                the Task Force, shall issue guidelines establishing a 
                process for certifying vessels as exempt under this 
                paragraph. The guidelines shall ensure that ships 
                receiving an exemption carry only ballast water and 
                sediment from the enclosed aquatic ecosystem in which 
                the vessel operates.
                    ``(C) Limitation on exemptions.--The Secretary 
                shall not issue an exemption under this paragraph if 
                the exemption would increase the risk of the invasion 
                and spread of aquatic invasive species relative to a 
                situation where an applicable vessel complies with the 
                requirements of this subsection.
                    ``(D) Review of exemptions.--
                            ``(i) Required review.--The Secretary shall 
                        review any exemption granted under this 
                        paragraph at least as often as every 2 years, 
                        and shall approve or revoke the exemption based 
                        on the review and the requirements of this 
                        paragraph.
                            ``(ii) Discretionary review.--The Secretary 
                        may review an exemption at any time.
                            ``(iii) Review upon request.--The 
                        Administrator or the Task Force may request a 
                        review of an exemption at any time. Upon 
                        receipt of such a request, the Secretary shall 
                        complete a review within 14 days.
    ``(h) Warnings Concerning Ballast Water Uptake.--
            ``(1) In general.--The Secretary shall notify vessel owners 
        and operators of any area in waters subject to the jurisdiction 
        of the United States in which vessels should not uptake ballast 
        water due to known conditions.
            ``(2) Contents.--The notice shall include--
                    ``(A) the coordinates of the area; and
                    ``(B) if possible, the location of alternative 
                areas for the uptake of ballast water.
    ``(i) Sediment Management.--
            ``(1) In general.--The operator of a vessel to which this 
        section applies may not remove or dispose of sediment from 
        spaces designed to carry ballast water except--
                    ``(A) in accordance with this subsection and the 
                aquatic invasive species plan required under subsection 
                (c); and
                    ``(B) more than 200 nautical miles from the nearest 
                point of land in the United States or into a reception 
                facility 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 to which this section applies unless that vessel 
                is designed and constructed, in accordance with 
                regulations prescribed under subparagraph (C), in a 
                manner that--
                            ``(i) minimizes the uptake and entrapment 
                        of sediment;
                            ``(ii) facilitates removal of sediment; and
                            ``(iii) provides for safe access for 
                        sediment removal and sampling.
                    ``(B) Existing vessels.--Every vessel to which this 
                section applies that was constructed before January 1, 
                2009, shall be modified before January 1, 2009, to the 
                extent practicable, to achieve the objectives 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 and practices 
                under subparagraph (B). The Secretary shall incorporate 
                the standards and guidance in the regulations governing 
                the aquatic invasive species plan.
            ``(3) Sediment reception facilities.--
                    ``(A) Standards.--The Administrator shall 
                promulgate regulations governing facilities for the 
                reception of vessel sediment from spaces designed to 
                carry ballast water that provide for the disposal of 
                such sediment in a way that does not impair or damage 
                the environment, human health, or property or resources 
                of the disposal area. The Administrator may not 
                prescribe standards under this subparagraph that are 
                less stringent than any otherwise applicable Federal, 
                State, or local law requirements.
                    ``(B) Designation.--The Administrator 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 tanks are cleaned or repaired.
    ``(j) Examinations and Certifications.--
            ``(1) Initial examination.--
                    ``(A) In general.--The Secretary shall examine 
                vessels to which this section applies to determine 
                whether--
                            ``(i) there is an aquatic invasive species 
                        plan for the vessel that meets the requirements 
                        of this section; and
                            ``(ii) the equipment used for ballast water 
                        and sediment management in accordance with the 
                        requirements of this section and the 
                        regulations promulgated hereunder is installed 
                        and functioning properly.
                    ``(B) New vessels.--For vessels constructed on or 
                after January 1, 2009, the Secretary shall conduct the 
                examination required by subparagraph (A) before the 
                vessel is placed in service.
                    ``(C) Existing vessels.--For vessels constructed 
                before January 1, 2009, the Secretary shall--
                            ``(i) conduct the examination required by 
                        subparagraph (A) before the date on which 
                        subsection (g)(1) applies to the vessel 
                        according to the schedule in subsection (g)(3); 
                        and
                            ``(ii) inspect the vessel's ballast water 
                        record book required by subsection (d).
                    ``(D) Foreign vessels.--In the case of a foreign 
                vessel (as defined in section 2101(12) of title 46, 
                United States Code), the Secretary shall perform the 
                examination required by this paragraph the first time 
                the vessel enters a United States port.
            ``(2) Subsequent examinations.--The Secretary shall examine 
        vessels no less frequently than once each year to ensure vessel 
        compliance with the requirements of this section.
            ``(3) Inspection authority.--The Secretary may carry out 
        such inspections of any vessel to which this section applies at 
        any time, including the taking of ballast water samples, to 
        ensure the vessel's compliance with this Act.
            ``(4) Required certificate.--If, on the basis of an initial 
        examination under paragraph (1) the Secretary finds that a 
        vessel complies with the requirements of this section and the 
        regulations promulgated hereunder, the Secretary shall issue a 
        certificate under this paragraph as evidence of such 
        compliance. The certificate shall be valid for a period of not 
        more than 5 years, as specified by the Secretary. The 
        certificate or a true copy shall be maintained on board the 
        vessel.
            ``(5) Notification of violations.--If the Secretary finds, 
        on the basis of an examination under paragraph (1) or paragraph 
        (2), sampling under paragraph (3), or any other information, 
        that a vessel is being operated in violation of the 
        requirements of this section and the regulations promulgated 
        hereunder, the Secretary shall--
                    ``(A) notify--
                            ``(i) the master of the vessel; and
                            ``(ii) the captain of the port at the 
                        vessel's next port of call; and
                    ``(B) take such other action as may be appropriate.
            ``(6) Compliance monitoring.--The Secretary shall by 
        regulation establish sampling procedures to monitor compliance 
        with the requirements of this section.
            ``(7) Education and technical assistance programs.--The 
        Secretary may carry out education and technical assistance 
        programs and other measures to promote compliance with the 
        requirements issued under this section.
    ``(k) Detention of Vessels.--
            ``(1) In general.--The Secretary, by notice to the owner, 
        charterer, managing operator, agent, master, or other 
        individual in charge of a vessel, may detain that vessel if the 
        Secretary has reasonable cause to believe that--
                    ``(A) the vessel is a vessel to which this section 
                applies; and
                    ``(B) the vessel does not comply with the 
                requirements of this section or of the regulations 
                issued hereunder or is being operated in violation of 
                such requirements.
            ``(2) Clearance.--
                    ``(A) In general.--A vessel detained under 
                paragraph (1) may obtain clearance under section 4197 
                of the Revised Statutes (46 U.S.C. App. 91) only if the 
                violation for which it was detained has been corrected.
                    ``(B) Withdrawal.--If the Secretary finds that a 
                vessel detained under paragraph (1) has received a 
                clearance under section 4197 of the Revised Statutes 
                (46 U.S.C. App. 91) before it was detained under 
                paragraph (1), the Secretary shall withdraw, withhold, 
                or revoke the clearance.
    ``(l) Sanctions.--
            ``(1) Civil penalties.--Any person who violates a 
        regulation promulgated under this section shall be liable for a 
        civil penalty in an amount not to exceed $50,000. Each day of a 
        continuing violation constitutes a separate violation. A vessel 
        operated 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) Revocation of clearance.--Except as provided in 
        subsection (k)(2), upon 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 issued under this section.
            ``(4) Exception to sanctions.--This subsection does not 
        apply to a failure to exchange ballast water if--
                    ``(A) the master of a vessel discharges ballast 
                water in accordance with subsection (f)(4); and
                    ``(B) the Secretary determines that the 
                requirements of subsection (f)(4) are met.
    ``(m) Enforcement.--
            ``(1) Administrative actions.--If the Secretary finds, 
        after notice and an opportunity for a hearing, that a person 
        has violated any provision of this section or any regulation 
        promulgated hereunder, the Secretary may assess a civil penalty 
        for that violation.
            ``(2) Civil actions.--At the request of the Secretary, the 
        Attorney General may bring a civil action in an appropriate 
        district court of the United States to enforce this section, or 
        any regulation promulgated hereunder. Any court before which 
        such an action is brought may award appropriate relief, 
        including temporary or permanent injunctions and civil 
        penalties.
    ``(n) Coordination With Other Agencies.--The Secretary is 
encouraged to use, with consent of the head of the Federal or State 
agency concerned, the expertise, facilities, and personnel of 
appropriate Federal and State agencies and organizations that have 
routine contact with vessels, as determined by the Secretary.
    ``(o) 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 Secretary, after consultation 
with the Task Force, determines to be necessary to develop and 
implement an effective international program for preventing the 
unintentional introduction and spread of aquatic invasive species.
    ``(p) International Cooperation.--The Secretary, in cooperation 
with the Under Secretary, the Secretary of State, the Administrator, 
the heads of other relevant Federal agencies, the International 
Maritime Organization of the United Nations, and the Commission on 
Environmental Cooperation established pursuant to the North American 
Free Trade Agreement, is encouraged to enter into negotiations with the 
governments of foreign countries to develop and implement an effective 
international program for preventing the unintentional introduction and 
spread of aquatic invasive species, particularly by seeking bilateral 
and multilateral agreements with Canada (through the International 
Joint Commission), Mexico, and other nations in the Wider Caribbean (as 
defined in the Convention for the Protection and Development of the 
Marine Environment of the Wider Caribbean, Cartagena Convention).
    ``(q) Non-Discrimination.--The Secretary shall ensure that vessels 
registered outside of the United States do not receive more favorable 
treatment than vessels registered in the United States when the 
Secretary performs studies, reviews compliance, determines 
effectiveness, establishes requirements, or performs any other 
responsibilities under this Act.
    ``(r) Support for Federal Ballast Water Demonstration Project.--In 
addition to amounts otherwise available to the Maritime Administration, 
the National Oceanographic and Atmospheric Administration, and the 
United States Fish and Wildlife Service for the Federal Ballast Water 
Demonstration Project, the Secretary shall provide support for the 
conduct and expansion of the project, including grants for research and 
development of innovative technologies for the management, treatment, 
and disposal of ballast water and sediment, for ballast water exchange, 
and for other vessel vectors of aquatic invasive species such as hull-
fouling. There are authorized to be appropriated to the Secretary such 
sums as may be necessary for each of fiscal years 2007 through 2011 to 
carry out this subsection.
    ``(s) Consultation With Task Force.--The Secretary shall consult 
with the Task Force in carrying out this section.
    ``(t) Preemption.--
            ``(1) In general.--Except as provided in paragraph (2) but 
        notwithstanding any other provision of law, the provisions of 
        subsections (f) and (g) supersede any provision of State or 
        local law that is inconsistent with the requirements of those 
        subsections or that conflicts with the requirements of those 
        subsections. The imposition, by State or local law, of greater 
        penalties or fees for acts or omissions that are violations of 
        such law and also violations of this Act shall not be 
        considered to be inconsistent with, or to conflict with, the 
        requirements of those subsections. Nothing in the preceding 
        sentence limits the scope of State or local law provisions that 
        are not to be considered to be inconsistent with, or to 
        conflict with, the requirements of those subsections
            ``(2) Reception facilities.--The standards prescribed by 
        the Administrator or the Secretary under subsection (g)(2) do 
        not supersede any more stringent standard under any otherwise 
        applicable Federal, State, or local law.
            ``(3) Application with other statutes.--This section 
        provides the Federal authority for addressing aquatic invasive 
        species in ballast water or sediment. If there is a conflict 
        between any otherwise applicable provision of Federal law and 
        the requirements of this section, the provisions of this 
        section shall control to the extent that such requirements 
        relate to vessels with respect to aquatic invasive species in 
        ballast water or sediment.
    ``(u) Regulations.--
            ``(1) In general.--The Secretary, after consultation with 
        the Administrator, shall issue such regulations as may be 
        necessary initially to carry out this section within 1 year 
        after the date of enactment of the Prevention of Aquatic 
        Invasive Species Act of 2006.
            ``(2) Judicial review.--
                    ``(A) 120-day rule.--An interested person may bring 
                an action for review of a final regulation promulgated 
                under this section by the Secretary of the department 
                in which the Coast Guard is operating, or by the 
                Administrator, in the United States Circuit Court of 
                Appeals for the Federal judicial district in which that 
                person resides or transacts business which is directly 
                affected by that regulation only if that action is 
                filed within--
                            ``(i) 120 days after the date on which the 
                        regulation is promulgated; or
                            ``(ii) more than 120 days after that date 
                        if the action is based on grounds that arose 
                        after that 120-day period.
                    ``(B) Review in enforcement proceedings.--A 
                regulation for which review could have been obtained 
                under subparagraph (A) of this paragraph is not subject 
                to judicial review in any civil or criminal proceeding 
                for enforcement.''.
    (b) Definitions.--Section 1003 of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is 
amended--
            (1) by redesignating--
                    (A) paragraph (1) and (2) as paragraphs (2) and 
                (3), respectively;
                    (B) paragraph (3) as paragraph (5);
                    (C) paragraphs (4), (5), (6), (7), (8), (9), and 
                (10) as paragraphs (9), (10), (11), (12), (13), (14), 
                and (15), respectively;
                    (D) paragraphs (11) and (12) as paragraphs (18) and 
                (19), respectively;
                    (E) paragraphs (13), (14), and (15) as paragraphs 
                (21), (22), and (23), respectively;
                    (F) paragraph (16) as paragraph (27); and
                    (G) paragraph (17) as paragraph (24), and moving it 
                so as to appear immediately after paragraph (23), as 
                redesignated;
            (2) by striking--
                    (A) ``nuisance'' in paragraph (2), as redesignated, 
                and inserting ``invasive'';
                    (B) ``nuisance'' in paragraph (11), as 
                redesignated, and inserting ``invasive'';
                    (C) ``Nuisance'' in paragraph (21), as 
                redesignated, and inserting ``Invasive''; and
                    (D) ``Canandian'' in paragraph (12), as 
                redesignated, and inserting ``Canadian'';
            (3) by inserting before paragraph (2) the following:
            ``(1) `Administrator' means the Administrator of the 
        Environmental Protection Agency;'';
            (4) by striking paragraph (5), as redesignated, and 
        inserting after paragraph (3), as redesignated, the following:
            ``(4) `ballast tank' means any tank, space, or compartment 
        on a vessel that is used for carrying, loading, or discharging 
        ballast water, including any multi-use tank, space, or 
        compartment designed to allow carriage of ballast water;
            ``(5) `ballast water'--
                    ``(A) except as provided in subparagraph (B), 
                means--
                            ``(i) water taken on board a vessel to 
                        control trim, list, draught, stability, or 
                        stresses of the vessel, including matter 
                        suspended in such water; and
                            ``(ii) any water placed into a ballast tank 
                        during cleaning, maintenance, or other 
                        operations; and
                    ``(B) does not include water that--
                            ``(i) at the time of discharge, does not 
                        contain aquatic invasive species; and
                            ``(ii) was taken on board a vessel and used 
                        for a purpose described in subparagraph (A);
            ``(6) `ballast water capacity' means the total volumetric 
        capacity of all ballast tanks on a vessel;
            ``(7) `ballast water management' means mechanical, 
        physical, chemical, and biological processes used, either 
        singularly or in combination, to remove, render harmless, or 
        avoid the uptake or discharge of harmful aquatic organisms and 
        pathogens within ballast water and sediment;
            ``(8) `constructed' means a state of construction of a 
        vessel at which--
                    ``(A) the keel is laid;
                    ``(B) construction identifiable with the specific 
                vessel begins;
                    ``(C) assembly of the vessel has begun comprising 
                at least 50 tons or 1 percent of the estimated mass of 
                all structural material of the vessel, whichever is 
                less; or
                    ``(D) the vessel undergoes a major conversion;'';
            (5) by inserting after paragraph (15), as redesignated, the 
        following:
            ``(16) `Invasive Species Council' means the interagency 
        council established by section 3 of Executive Order No. 13112 
        (42 U.S.C. 4321 note);
            ``(17) `major conversion' means a conversion of a vessel, 
        that--
                    ``(A) changes its ballast water carrying capacity 
                by at least 15 percent;
                    ``(B) changes the vessel class;
                    ``(C) is projected to prolong the vessel's life by 
                at least 10 years (as determined by the Secretary); or
                    ``(D) results in modifications to the vessel's 
                ballast water system, except--
                            ``(i) component replacement-in-kind; or
                            ``(ii) conversion of a vessel to meet the 
                        requirements of section 1101(f);'';
            (6) by inserting after paragraph (19), as redesignated, the 
        following:
            ``(20) `sediment' means matter that has settled out of 
        ballast water within a vessel;'';
            (7) by inserting after paragraph (24), as redesignated, the 
        following:
            ``(25) `United States port' means a port, river, harbor, or 
        offshore terminal under the jurisdiction of the United States, 
        including a port located in Puerto Rico, Guam, the Northern 
        Marianas, or the United States Virgin Islands;
            ``(26) `vessel of the Armed Forces' means--
                    ``(A) any vessel owned or operated by the 
                Department of Defense, other than a time or voyage 
                chartered vessel; and
                    ``(B) any vessel owned or operated by the 
                Department of Homeland Security that is designated by 
                the Secretary of the department in which the Coast 
                Guard is operating as a vessel equivalent to a vessel 
                described in subparagraph (A);'';
            (8) by striking the period at the end of paragraph (24), as 
        redesignated, and inserting a semicolon; and
            (9) by inserting after paragraph (27), as redesignated, the 
        following:
            ``(28) `waters subject to the jurisdiction of the United 
        States' means navigable waters and the territorial sea of the 
        United States, the exclusive economic zone, and the Great 
        Lakes.''.

TITLE II--PREVENTION OF THE INTRODUCTION OF AQUATIC INVASIVE SPECIES BY 
                             OTHER PATHWAYS

SEC. 201. COAST GUARD REPORTS AND STANDARDS ON OTHER SOURCES OF VESSEL-
              BORNE INVASIVE SPECIES.

    (a) Report on Hull-Fouling and Other Vessel Sources.--Within 180 
days after the date of enactment of this Act, the Commandant of the 
Coast Guard shall transmit a report to the Congress on vessel-related 
vectors of harmful aquatic organisms and pathogens other than ballast 
water and sediment, including vessel hulls and equipment, and from 
vessels equipped with ballast tanks that carry no ballast water on 
board.
    (b) Best Practices.--
            (1) Standards and procedures.--As soon as practicable, the 
        Coast Guard shall develop and implement best practices 
        standards and procedures designed to reduce the introduction of 
        invasive species into and within the United States from vessels 
        and establish a timeframe for implementation of those standards 
        and procedures by vessels, in addition to the mandatory 
        requirements set forth in section 1101 for ballast water.
            (2) Included standards.--Standards and procedures 
        implemented under paragraph (1) should include designation of 
        geographical locations for uptake and discharge of untreated 
        ballast water, as well as standards and procedures for other 
        vessel vectors of aquatic invasive species.
            (3) Report on standards and procedures.--The Commandant of 
        the Coast Guard shall transmit a report to the Congress 
        describing the standards and procedures developed and the 
        implementation timeframe, together with any recommendations, 
        including legislative recommendations if appropriate, the 
        Commandant deems appropriate.
            (4) Regulations.--The Secretary may promulgate regulations 
        to incorporate and enforce standards and procedures developed 
        under this subsection.
    (c) Transiting Vessels.--Within 180 days after the date of 
enactment of this Act, the Commandant of the Coast Guard shall transmit 
a report to the Congress containing--
            (1) an assessment of the magnitude and potential adverse 
        impacts of ballast water operations from foreign vessels 
        designed, adapted, or constructed to carry ballast water that 
        are transiting waters subject to the jurisdiction of the United 
        States; and
            (2) recommendations, including legislative recommendations 
        if appropriate, of options for addressing ballast water 
        operations of those vessels.

SEC. 202. 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 following:

``SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM.

    ``(a) Identification of High Priority Pathways.--Not later than 2 
years after the date of enactment of the Prevention of Aquatic Invasive 
Species Act of 2006, 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 available research relating 
to the rates of introductions in waters of the United States--
            ``(1) identify those pathways, other than ballast water and 
        sediment, that pose the highest risk for introductions of 
        invasive species, both nationally and on a region-by-region 
        basis unless further managed;
            ``(2) develop recommendations for management strategies for 
        those high-risk pathways;
            ``(3) include in the report to the Congress required under 
        section 1201(f)(2)(B) a description of the identifications, 
        strategies, and recommendations; and
            ``(4) identify aquatic invasive species not yet introduced 
        into waters of the United States that are likely to be 
        introduced into waters of the United States unless preventative 
        measures are taken.
    ``(b) Management of High Priority Pathways.--Not later than 3 years 
after the date of enactment of the Prevention of Aquatic Invasive 
Species Act of 2006, the Task Force or agencies of jurisdiction shall, 
to the maximum extent practicable, implement the strategies described 
in subsection (a)(2).''.

SEC. 203. IMPORTATION OF LIVE AQUATIC ORGANISMS.

    Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4711 et seq.) is amended by adding at 
the end the following:

``SEC. 1105. IMPORTATION OF LIVE AQUATIC ORGANISMS.

    ``(a) Review of Imported Aquatic Organisms.--Not later than 2 years 
after date of the enactment of the Prevention of Aquatic Invasive 
Species Act of 2006, the Invasive Species Council, in consultation with 
the Task Force and the regional panels convened under section 1203, 
States, relevant Federal agencies, and affected industries, shall 
complete a review of the importation of live aquatic species into the 
United States.
    ``(b) Purpose of Review.--The review under subsection (a) shall--
            ``(1) identify live aquatic species imported into the 
        United States that pose a risk to waters of the United States;
            ``(2) consider the likelihood of the spread of live aquatic 
        species imported into the United States by human or natural 
        means, both nationally and on a region-by-region basis;
            ``(3) consider species, including pathogens, parasites, and 
        free-living organisms, that may be transported in association 
        with live aquatic organisms imported into the United States;
            ``(4) designate species imported into the United States 
        with high or moderate probability of spreading if introduced 
        into the waters of the United States;
            ``(5) designate species with respect to which there is 
        insufficient information to determine the level probability of 
        spreading if introduced into the waters of the United States; 
        and
            ``(6) include recommendations to prevent the spread of live 
        aquatic organisms imported into the United States throughout 
        the waters of the United States.
    ``(c) Guidelines.--Not later than 42 months after the date of the 
enactment of the Prevention of Aquatic Invasive Species Act of 2006, 
the Invasive Species Council shall issue guidelines for Federal 
agencies and States responsible for screening live aquatic organisms 
imported into the United States to prevent the introduction and spread 
of species identified in the review under subsection (a).
    ``(d) Implementation of Guidelines.--Not later than 4 years after 
the date of the enactment of the Prevention of Aquatic Invasive Species 
Act of 2006, the head of each Federal agency identified in the 
guidelines issued under subsection (c) shall implement the guidelines 
to the maximum extent possible.
    ``(e) Coordination With States.--The Invasive Species Council and 
the heads of Federal agencies identified in the guidelines issued under 
with subsection (c) shall work cooperatively with States to prevent the 
introduction into waters of the United States of live aquatic organisms 
imported into the United States.''.

    TITLE III--EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH

SEC. 301. EARLY DETECTION.

    Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4711 et seq.) is amended by adding at 
the end the following:

``SEC. 1106. EARLY DETECTION AND MONITORING.

    ``(a) Early Detection.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of the Prevention of Aquatic Invasive Species Act 
        of 2006, the Task Force, in consultation with the Invasive 
        Species Council, shall develop and promulgate a set of sampling 
        protocols, a geographic plan, and budget to support a national 
        system of ecological surveys to rapidly detect recently 
        established aquatic invasive species in waters of the United 
        States.
            ``(2) Contents.--The protocols, plan, and budget shall, at 
        a minimum--
                    ``(A) address a diversity of aquatic ecosystems of 
                the United States (including inland and coastal 
                waters);
                    ``(B) encourage State, local, port, and tribal 
                participation in monitoring;
                    ``(C) balance scientific rigor with practicability, 
                timeliness, and breadth of sampling activity;
                    ``(D) consider the pathways and/or organisms 
                identified under section 1210;
                    ``(E) include a capacity to evaluate the impacts of 
                the importation of live aquatic organisms into the 
                United States; and
                    ``(F) include clear lines of communication with 
                appropriate Federal, State, and regional rapid response 
                authorities.
            ``(3) Implementation.--Not later than 3 years after the 
        date of enactment of the Prevention of Aquatic Invasive Species 
        Act of 2006, the Director, the Under Secretary, and the 
        Administrator (in consultation with the Invasive Species 
        Council and in coordination with other agencies) shall 
        implement a national system of ecological surveys that is--
                    ``(A) carried out in cooperation with State, local, 
                port, tribal authorities, and other non-Federal 
                entities (such as colleges and universities); and
                    ``(B) based on the protocols, plan, and budget 
                published under subsection (a)(1) and any public 
                comment.''.

SEC. 302. RAPID RESPONSE.

    Subtitle C of title I of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is further 
amended by adding at the end the following:

``SEC. 1211. RAPID RESPONSE.

    ``(a) State Rapid Response Contingency Strategies.--
            ``(1) Emergency funds for rapid response.--A State that has 
        in effect a rapid response contingency strategy for invasive 
        species in the State, including rapid assessment capabilities, 
        that is approved under paragraph (2) shall be eligible to 
        receive emergency funding to remain available until expended to 
        implement rapid response measures for aquatic invasive species 
        under the strategy, subject to renewal, as determined by the 
        Secretary of the Interior and the Secretary in accordance with 
        paragraph (2).
            ``(2) Approval of rapid response contingency strategies.--
        The Task Force, in consultation with the Invasive Species 
        Council, shall approve a State rapid response contingency 
        strategy described in paragraph (1) if the strategy--
                    ``(A) identifies all key governmental and 
                nongovernmental partners to be involved in carrying out 
                the strategy;
                    ``(B) clearly designates the authorities and 
                responsibilities of each partner, including the 
                authority of any State or government of an Indian tribe 
                to distribute emergency funds;
                    ``(C) specifies criteria for rapid response 
                measures, including a diagnostic system that--
                            ``(i) distinguishes cases in which rapid 
                        response has a likelihood of success and cases 
                        in which rapid response has no likelihood of 
                        success;
                            ``(ii) distinguishes rapid response 
                        measures from ongoing management and control of 
                        established populations of aquatic invasive 
                        species; and
                            ``(iii) distinguishes instances in which 
                        the rate and probability of organism dispersal 
                        is significantly altered by vessel movements;
                    ``(D) includes an early detection strategy that 
                supports or complements the early detection and 
                monitoring system developed under section 1106;
                    ``(E) provides for a monitoring capability to 
                assess--
                            ``(i) the extent of infestations; and
                            ``(ii) the effectiveness of rapid response 
                        efforts;
                    ``(F) to the maximum extent practicable, is 
                integrated into the State aquatic invasive species 
                management plan approved under section 1204;
                    ``(G) to the maximum extent possible, does not use 
                rapid response tools that do not meet environmental 
                criteria developed under subsection (e)(4);
                    ``(H) includes a public education and outreach 
                component directed at--
                            ``(i) potential pathways for spread of 
                        aquatic invasive species; and
                            ``(ii) persons involved in industries and 
                        recreational activities associated with those 
                        pathways; and
                    ``(I) to the extent that the strategy involves 
                vessels, conforms with guidelines issued by the 
                Secretary under subsection (c)(2).
    ``(b) Regional Rapid Response Contingency Strategies.--The Task 
Force, with the concurrence of the Invasive Species Council and in 
consultation with the regional panels of the Task Force established 
under section 1203, shall encourage the development of regional rapid 
response contingency strategies that--
            ``(1) provide a consistent and coordinated approach to 
        rapid response; and
            ``(2) are approved by--
                    ``(A) the Secretary; and
                    ``(B) the Governors and Indian tribes having 
                jurisdiction over areas within a region.
    ``(c) Model Rapid Response Contingency Strategies.--Not later than 
18 months after the date of enactment of the Prevention of Aquatic 
Invasive Species Act of 2006--
            ``(1) the Task Force, with the concurrence of the Invasive 
        Species Council and the regional panels of the Task Force 
        established under section 1203, shall develop--
                    ``(A) a model State rapid response contingency 
                strategy for aquatic invasive species, including rapid 
                assessment capability, that includes, to the maximum 
                extent practicable, the components listed under 
                subparagraphs (A) through (H) of subsection (a)(2); and
                    ``(B) a model regional rapid response contingency 
                strategy for aquatic invasive species; and
            ``(2) the Secretary, in concurrence with the Task Force and 
        the regional panels, shall issue guidelines that describe 
        vessel-related requirements that may be used in a rapid 
        response contingency strategy, including specific requirements 
        for strategy approved under this section.
    ``(d) Cost Sharing.--
            ``(1) State rapid response contingency strategies.--The 
        Federal share of the cost of activities carried out under a 
        State rapid response contingency strategy approved under 
        subsection (a) shall be not less than 50 percent.
            ``(2) Regional rapid response contingency strategies.--The 
        Federal share of the cost of activities carried out under a 
        regional rapid response contingency strategy approved under 
        subsection (b) shall be not less than 75 percent.
            ``(3) In-kind contributions.--States or regions that 
        receive Federal funds for rapid response activities may provide 
        matching funds in the form of in-kind contributions.
    ``(e) Federal Rapid Response Teams.--
            ``(1) Establishment of teams.--Not later than 1 year after 
        the date of enactment of the Prevention of Aquatic Invasive 
        Species Act of 2006, the Invasive Species Council, in 
        coordination with the Task Force and the heads of appropriate 
        Federal agencies, shall establish a Federal rapid response team 
        for each of the 10 Federal regions that comprise the Standard 
        Federal Regional Boundary System.
            ``(2) Duties of teams.--Each Federal rapid response team 
        shall, at a minimum--
                    ``(A) implement rapid eradication or control 
                responses for newly detected aquatic invasive species 
                on Federal and tribal land;
                    ``(B) carry out, or assist in carrying out, rapid 
                responses for newly detected aquatic invasive species 
                on non-Federal land at the request of a State, Indian 
                tribe, or group of States or Indian tribes;
                    ``(C) provide training and expertise for State, 
                tribal, or regional rapid responders;
                    ``(D) provide central sources of information for 
                rapid responders;
                    ``(E) maintain a list of researchers and rapid 
                response volunteers; and
                    ``(F) in carrying out any rapid response activity 
                with respect to an aquatic noxious weed listed under 
                section 412(f) of the Plant Protection Act (7 U.S.C. 
                7712(f)), include representatives of the Animal and 
                Plant Health Inspection Service.
            ``(3) Criteria for identifying cases of rapid response 
        warranting federal assistance.--Not later than 1 year after the 
        date of enactment of the Prevention of Aquatic Invasive Species 
        Act of 2006, the Task Force, with the concurrence of the 
        Invasive Species Council, shall develop criteria to identify 
        cases of rapid response warranting Federal assistance under 
        this subsection, including criteria relating to, at a minimum--
                    ``(A) the extent to which infestations of aquatic 
                invasive species may be managed successfully by rapid 
                response;
                    ``(B) the extent to which rapid response efforts 
                may differ from ongoing management and control; and
                    ``(C) the extent to which infestations of 
                nonindigenous aquatic invasive species are considered 
                to be an acute or chronic threat to--
                            ``(i) biodiversity of native fish and 
                        wildlife;
                            ``(ii) habitats of native fish and 
                        wildlife; or
                            ``(iii) human health.
            ``(4) Environmental criteria.--Not later than 1 year after 
        the date of enactment of the Prevention of Aquatic Invasive 
        Species Act of 2006, the Administrator, in consultation with 
        the Invasive Species Council, the Secretary of Transportation, 
        the Task Force (including regional panels of the Task Force 
        established under section 1203), the Director, and the Director 
        of the National Marine Fisheries Service, shall develop 
        environmental criteria to minimize nontarget environmental 
        impacts of rapid responses carried out pursuant to this 
        section.''.

SEC. 303. DISPERSAL BARRIERS.

    Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4722) is amended--
            (1) by redesignating subsections (j) and (k) as subsections 
        (l) and (m), respectively; and
            (2) by inserting after subsection (i) the following:
    ``(j) National Dispersal Barrier Program.--
            ``(1) Chicago river ship and sanitary canal dispersal 
        barrier project.--
                    ``(A) In general.--The Assistant Secretary, with 
                the concurrence of the Administrator, shall complete 
                construction of, operate, and maintain, the Chicago 
                River Ship and Sanitary Canal dispersal barrier 
                project.
                    ``(B) Consultation.--Subparagraph (A) shall be 
                carried out in consultation with the appropriate 
                Federal, State, local, and other nongovernmental 
                entities.
                    ``(C) Construction.--The completed barrier project 
                shall include additions to the dispersal barrier in 
                existence on the date of enactment of the Prevention of 
                Aquatic Invasive Species Act of 2006, including--
                            ``(i) backup power;
                            ``(ii) a research vessel launching crane;
                            ``(iii) replacement electrodes;
                            ``(iv) other barrier elements, as available 
                        and appropriate;
                            ``(v) an acoustic monitoring system;
                            ``(vi) an emergency egress system; and
                            ``(vii) a second long-service life 
                        dispersal barrier.
                    ``(D) Feasibility study of chicago river ship and 
                sanitary canal.--
                            ``(i) In general.--Not later than 3 years 
                        after the date of enactment of the Prevention 
                        of Aquatic Invasive Species Act of 2006, the 
                        Assistant Secretary, in consultation with 
                        appropriate Federal, State, local, and 
                        nongovernmental entities, shall conduct a 
                        feasibility study of the full range of options 
                        available to prevent the spread of aquatic 
                        species through the Chicago River Ship and 
                        Sanitary dispersal barrier.
                            ``(ii) Matters to be studied.--The study 
                        shall--
                                    ``(I) provide recommendations 
                                concerning additional and long-term 
                                measures necessary to improve the 
                                performance of the Chicago River Ship 
                                and Sanitary Canal dispersal barrier; 
                                and
                                    ``(II) examine methods and measures 
                                necessary to achieve, to the maximum 
                                extent practicable, 100-percent 
                                efficacy of the barrier with respect to 
                                aquatic invasive species of fish and 
                                maximum efficacy of the barrier with 
                                respect to other taxa of aquatic 
                                invasive species.
            ``(2) Monitoring program.--
                    ``(A) Establishment.--Not later than 1 year after 
                the date of enactment of the Prevention of Aquatic 
                Invasive Species Act of 2006, the Secretary of the 
                Interior shall establish an interbasin and intrabasin 
                monitoring program.
                    ``(B) Required elements.--The monitoring program 
                shall--
                            ``(i) track aquatic invasive species moving 
                        through the Chicago River Ship and Sanitary 
                        Canal, the Lake Champlain Canal, other 
                        interbasin waterways, and major river systems 
                        as recommended by regional panels convened 
                        under section 1203;
                            ``(ii) assess the efficacy of dispersal 
                        barriers and other measures in preventing the 
                        spread of aquatic invasive species through the 
                        waterways; and
                            ``(iii) identify waterways suitable for 
                        dispersal barrier demonstration projects, in 
                        addition to the waterways at which dispersal 
                        barrier demonstration projects were carried out 
                        before the date of enactment of the Prevention 
                        of Aquatic Invasive Species Act of 2006.
                    ``(C) Reports.--The Secretary of the Interior shall 
                issue biennial reports on the findings of the 
                monitoring program.
            ``(3) Prevention and mitigation plans for army corps of 
        engineers projects.--In developing projects involving 
        interbasin waterways or other hydrologic alternations that 
        could create pathways for aquatic invasive species, the 
        Assistant Secretary shall develop adequate prevention and 
        mitigation plans for controlling the dispersal of aquatic 
        invasive species.
            ``(4) Technical assistance.--The Great Lakes Environmental 
        Research Laboratory of the National Oceanic and Atmospheric 
        Administration shall provide technical assistance to 
        appropriate entities to assist in the research conducted under 
        this subsection.
            ``(5) Reports.--Not later than 3 years after the date of 
        enactment of the Prevention of Aquatic Invasive Species Act of 
        2006, the Assistant Secretary and the Director shall jointly 
        submit to the Congress a report that describes--
                    ``(A) the efficacy of the Chicago River Ship and 
                Sanitary Canal dispersal barrier project; and
                    ``(B) a plan to provide for additional dispersal 
                barrier demonstration projects and further research 
                needs.
            ``(6) Additional waterways.--The Assistant Secretary, with 
        the concurrence of the Administrator, and other relevant 
        Federal agencies, shall--
                    ``(A) identify additional waterways suitable for 
                the construction of new dispersal barriers (based on 
                the monitoring program established under paragraph 
                (2)); and
                    ``(B) construct, maintain, and operate such 
                dispersal barriers as necessary.''.

SEC. 304. ENVIRONMENTAL SOUNDNESS.

    Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4722) is further amended by inserting 
after subsection (j) the following:
    ``(k) Improvement of Treatment Methods for Aquatic Invasive 
Species.--
            ``(1) Criteria to evaluate environmental soundness of 
        treatment methods.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Prevention of Aquatic Invasive 
                Species Act of 2006, the Administrator, in consultation 
                and cooperation with the Secretary, the Invasive 
                Species Council, and the Task Force (including any 
                regional panels of the Task Force) shall promulgate 
                criteria to evaluate the treatment methods described in 
                subparagraph (B) for the purpose of ensuring that the 
                treatment methods pose no significant threat of adverse 
                effect on human health, public safety, or the 
                environment (including air quality and the aquatic 
                environment) that is acute, chronic, cumulative, or 
                collective.
                    ``(B) Treatment methods.--The treatment methods 
                referred to in subparagraph (A) are all mechanical, 
                physical, chemical, biological, and other treatment 
                methods used in bodies of water of the United States 
                (regardless of whether the bodies of water are 
                navigable and regardless of the origin of the waters), 
                to prevent, treat, or respond to the introduction of 
                aquatic invasive species.
                    ``(C) Consultation.--In carrying out subparagraph 
                (A), the Administrator shall consult with--
                            ``(i) the Secretary of Transportation;
                            ``(ii) the Task Force (including the 
                        regional panels of the Task Force established 
                        under section 1203);
                            ``(iii) the Director;
                            ``(iv) the Assistant Secretary;
                            ``(v) the Under Secretary;
                            ``(vi) the Director of the National Marine 
                        Fisheries Service; and
                            ``(vii) relevant State agencies.
            ``(2) Publication of information on environmentally sound 
        treatment methods.--Not later than 1 year after the date of 
        enactment of the Prevention of Aquatic Invasive Species Act of 
        2006, the Administrator, in consultation with the Invasive 
        Species Council, shall publish and update annually--
                    ``(A) a list of environmentally sound treatment 
                methods that may apply to a potential aquatic invasive 
                species response effort;
                    ``(B) accompanying research that supports the 
                environmental soundness of each approved treatment 
                method; and
                    ``(C) explicit guidelines under which each 
                treatment method can be used in an environmentally 
                sound manner.
            ``(3) Reports.--The Invasive Species Council and Task Force 
        shall include the information described in paragraph (2) in the 
        reports submitted under section 1201(f)(2)(B).''.

SEC. 305. INFORMATION, EDUCATION, AND OUTREACH.

    Section 1202(h) of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4722(h)) is amended--
            (1) by striking ``(h) Education.--The Task Force'' and 
        inserting the following:
    ``(h) Information, Education, and Outreach.--
            ``(1) In general.--The Task Force''; and
            (2) by adding at the end the following:
            ``(2) Activities.--
                    ``(A) In general.--The programs carried out under 
                paragraph (1) shall include the activities described in 
                this paragraph.
                    ``(B) Public warnings.--Not later than 180 days 
                after the date of enactment of the Prevention of 
                Aquatic Invasive Species Act of 2006, each Federal 
                officer of an agency that provides Federal funds to 
                States for building or maintaining public access points 
                to waters of the United States shall amend the 
                guidelines of the agency, in consultation with relevant 
                State agencies, to encourage the posting of regionally 
                specific public warnings or other suitable 
                informational and educational materials at the access 
                points regarding--
                            ``(i) the danger of spread of aquatic 
                        invasive species through the transport of 
                        recreational watercraft; and
                            ``(ii) methods for removing organisms prior 
                        to transporting a watercraft.
                    ``(C) Cleaning of watercraft at marinas.--Not later 
                than 1 year after the date of enactment of the 
                Prevention of Aquatic Invasive Species Act of 2006, the 
                Under Secretary and the Director (in cooperation with 
                the Task Force and in consultation with the States, 
                relevant industry groups, and Indian tribes) shall 
                develop an education, outreach, and training program 
                directed toward marinas and marina operators 
                regarding--
                            ``(i) checking watercraft for live 
                        organisms;
                            ``(ii) removing live organisms from the 
                        watercraft before the watercraft are 
                        commercially or recreationally trailered;
                            ``(iii) encouraging regular hull cleaning 
                        and maintenance, avoiding in-water hull 
                        cleaning; and
                            ``(iv) other activities, as identified by 
                        the Secretary.
                    ``(D) Proper disposal of nonindigenous live aquatic 
                organisms in trade.--The Task Force shall--
                            ``(i) not later than 1 year after the date 
                        of enactment of the Prevention of Aquatic 
                        Invasive Species Act of 2006, develop (in 
                        consultation with industry and other affected 
                        parties) issue guidelines for proper disposal 
                        of live nonindigenous aquatic organisms in 
                        trade; and
                            ``(ii) use the guidelines in appropriate 
                        public information and outreach efforts.
                    ``(E) Expansion of program.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the Prevention 
                        of Aquatic Invasive Species Act of 2006, the 
                        Task Force shall expand the information and 
                        education program directed at recreational 
                        boaters in States from which watercraft are 
                        transported westward across the 100th meridian.
                            ``(ii) Activities.--In carrying out the 
                        program, the Task Force shall--
                                    ``(I) survey owners of watercraft 
                                transported westward across the 100th 
                                meridian to determine the States of 
                                origin of most such owners;
                                    ``(II) provide information directly 
                                to watercraft owners concerning the 
                                importance of cleaning watercraft 
                                carrying live organisms before 
                                transporting the watercraft; and
                                    ``(III) support education and 
                                information programs of the States of 
                                origin to ensure that the State 
                                programs address westward spread.
                    ``(F) Information and education program by national 
                park service.--The Secretary of the Interior, acting 
                through the Director of the National Park Service, 
                shall develop a program to provide public outreach and 
                other educational activities to prevent the spread of 
                aquatic invasive species by recreational watercraft in 
                units of the National Park System or through events 
                sponsored by the National Park Service.
            ``(3) Outreach to industry.--The Task Force, in conjunction 
        with the Invasive Species Council, shall carry out activities 
        to inform and promote voluntary cooperation and regulatory 
        compliance by members of the national and international 
        maritime, horticultural, aquarium, aquaculture, and pet trade 
        industries with screening, monitoring, and control of the 
        transportation of aquatic invasive species.
            ``(4) Public access to monitoring information.--The Task 
        Force, the Invasive Species Council, and other relevant 
        agencies, shall maintain information on the Internet 
        regarding--
                    ``(A) the best approaches for the public and 
                private interests to use in assisting with national 
                early detection and monitoring of aquatic invasive 
                species in waters of the United States;
                    ``(B) contact locations for joining a national 
                network of monitoring stations;
                    ``(C) approved State Management Plans under section 
                1204(a) and Rapid Response Contingency Strategies under 
                sections 1211(a)(2) and 1211(c); and
                    ``(D) the list of potential invaders under section 
                1210(a)(4).''.

                         TITLE IV--COORDINATION

SEC. 401. PROGRAM COORDINATION.

    (a) Membership of Task Force.--Section 1201(b) of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is 
amended--
            (1) in paragraph (6) by striking ``and'' at the end;
            (2) in paragraph (3) by striking ``of the Environmental 
        Protection Agency'';
            (3) by redesignating paragraph (7) as paragraph (12); and
            (4) by inserting after paragraph (6) the following:
            ``(7) the Director of the United States Geological Survey;
            ``(8) the Director of the Smithsonian Environmental 
        Research Center;
            ``(9) the Secretary of State;
            ``(10) the Secretary of Transportation;
            ``(11) the Secretary of Homeland Security; and''.
    (b) Coordination With Invasive Species Council.--Section 1201(f) of 
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 
(16 U.S.C. 4721(f)) is amended--
            (1) by striking ``Each Task Force member'' and inserting 
        the following:
            ``(1) In general.--Each member of the Task Force''; and
            (2) by adding at the end the following:
            ``(2) Invasive species council.--The Invasive Species 
        Council shall--
                    ``(A) coordinate and cooperate with the Task Force 
                in carrying out the duties of the Invasive Species 
                Council relating to aquatic invasive species;
                    ``(B) not later than 2 years after the date of 
                enactment of the Prevention of Aquatic Invasive Species 
                Act of 2006, and every 3 years thereafter, submit to 
                Congress a report that summarizes the status of the 
                conduct of activities authorized by and required under 
                this Act; and
                    ``(C) establish any regional panels or task forces 
                in coordination with the regional panels of the Task 
                Force convened under section 1203.''.
    (c) Coordination With Other Programs.--Section 1202(c) of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4722(c)) is amended by adding at the end the following:
            ``(3) Recommendations for lists.--The Task Force shall 
        annually recommend to Federal agencies of jurisdiction such 
        additions of aquatic invasive species as the Task Force 
        determines to be appropriate for inclusion on--
                    ``(A) any list of species of wildlife under the 
                Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) 
                (including regulations under such Act); or
                    ``(B) any list of noxious weeds under the Plant 
                Protection Act (7 U.S.C. 7701 et seq.) (including 
                regulations promulgated under that Act contained in 
                part 360 of title 7, Code of Federal Regulations (or 
                any successor regulations)).''.
    (d) Regional Coordination.--Section 1203 of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4723) is 
amended by adding at the end the following:
    ``(d) Annual Interregional Meeting.--The Task Force shall annually 
convene all regional panels established pursuant to this Act for the 
purpose of information transfer between and among panels, and between 
the panels and the Task Force, regarding aquatic invasive species 
management.
    ``(e) Organizations.--An interstate organization that has a Federal 
charter authorized by law, interstate agreement, or Executive Order for 
purposes of fisheries or natural resource management may receive funds 
under this Act to implement activities authorized under this Act.''.
    (e) State Aquatic Invasive Species Management Plans.--Section 
1204(a) of the Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4724(a)) is amended--
            (1) by striking paragraph (2)(A) and inserting the 
        following:
                    ``(A) identify and describe State and local 
                programs for environmentally sound prevention and 
                control of the target aquatic invasive species in 
                accordance with guidelines issued by the Task Force 
                under paragraph (5), including--
                            ``(i) rapid response contingency strategies 
                        under section 1211;
                            ``(ii) early detection strategies under 
                        section 1211(a)(2)(D);
                            ``(iii) aquatic plant control programs 
                        pursuant to other law; and
                            ``(iv) screening of imported live aquatic 
                        species in accordance with guidelines issued 
                        under section 1105;'';
            (2) in paragraph (2)(D) by inserting ``include'' after 
        ``(D)''; and
            (3) by adding at the end the following:
            ``(5) Guidelines.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Prevention of Aquatic Invasive 
                Species Act of 2006, the Task Force shall publish in 
                the Federal Register guidelines for the development of 
                plans under this subsection, including guidelines for 
                reporting progress in implementing the plans, to 
                encourage consistency in implementation of and 
                reporting under those plans.
                    ``(B) Guidelines.--The guidelines published under 
                subparagraph (A) shall include, for the purpose of 
                paragraph (2)(A), guidelines concerning--
                            ``(i) rapid response contingency strategies 
                        under section 1211;
                            ``(ii) early detection and monitoring 
                        strategies under section 1211(a)(2)(D);
                            ``(iii) aquatic plant control programs; and
                            ``(iv) the review and revision of 
                        requirements of this subsection and the 
                        reapproval process under this subsection.
            ``(6) Relationship to other plans.--
                    ``(A) In general.--A plan approved under paragraph 
                (4) shall be deemed to meet any State planning 
                requirement of the program established under section 
                104 of the River and Harbor Act of 1958 (33 U.S.C. 610) 
                for a plan to control noxious aquatic plant growths.
                    ``(B) Enforcement.--Funds provided to States for 
                implementation of plans pursuant to section 1204 may be 
                used by States to enforce requirements relating to 
                aquatic invasive species under the Plant Protection Act 
                (7 U.S.C. 7701 et seq.) (including regulations 
                promulgated under that Act contained in part 360 of 
                title 7, Code of Federal Regulations (or any successor 
                regulations)).
            ``(7) Review and revision.--
                    ``(A) In general.--Each State shall periodically 
                review and, as necessary and subject to subparagraph 
                (B), revise the management plan of the State in 
                accordance with guidelines of the Task Force under 
                paragraph (5).
                    ``(B) Update of existing plans.--A State plan 
                approved under the section before the date of the 
                enactment of the Prevention of Aquatic Invasive Species 
                Act of 2006 shall be revised by the State under 
                guidelines issued by the Director to conform to the 
                guidelines published under paragraph (5), but shall be 
                treated as a plan approved under this subsection for 
                purposes of grants under this section.
            ``(8) Other state management plans.--In addition to the 
        management plans required under this subsection, the Director 
        shall encourage each State to develop and implement new, and 
        expand existing, State management plans to improve State 
        actions to prevent and control aquatic invasive species.''.
    (f) Grant Program.--Section 1204(b)(1) of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4724(b)(1)) is 
amended by striking ``subsection (a) for the implementation of those 
plans.'' and inserting the following: ``subsection (a) to develop and 
implement those plans.''.

SEC. 402. INTERNATIONAL COORDINATION.

    Subtitle E of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4751 et seq.) is amended--
            (1) by striking the subtitle heading and inserting the 
        following:

                  ``Subtitle E--Administration''; and

            (2) by adding at the end the following:

``SEC. 1402. COORDINATION WITH NEIGHBORING COUNTRIES.

    ``(a) In General.--The Task Force, in consultation with the 
Secretary of State, shall include in the report required by section 
1202(m) a description of the means by which international agreements 
and regulations with countries that share a border with the United 
States will be implemented and enforced by Federal agencies (including 
a clarification of the roles and responsibilities of those agencies).
    ``(b) Negotiations.--As soon as practicable after the date of 
enactment of the Prevention of Aquatic Invasive Species Act of 2006, 
the Secretary of State may enter into negotiations with--
            ``(1) Canada to issue a request that the International 
        Joint Commission, by not later than 18 months after the date of 
        enactment of that Act, review, research, conduct hearings on, 
        and submit to the parties represented on the International 
        Joint Commission a report that describes the success of current 
        policies of governments in the United States and Canada having 
        jurisdiction over the Great Lakes in anticipating and 
        preventing biological invasions of the aquatic ecosystem in the 
        Great Lakes, including--
                    ``(A) an analysis of current Federal, State or 
                Provincial, local, and international laws, enforcement 
                practices, and agreements;
                    ``(B) an analysis of prevention efforts related to 
                all likely pathways for biological invasions of the 
                aquatic ecosystem in the Great Lakes; and
                    ``(C) recommendations of the International Joint 
                Commission for means by which to improve and harmonize 
                the policies and enforcement practices referred to in 
                clause (i); and
            ``(2) Mexico, to ensure coordination of efforts of the 
        United States with efforts of Mexico to manage invasive species 
        established in the United States-Mexico border region.''.

                TITLE V--AUTHORIZATION OF APPROPRIATIONS

SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

    Section 1301 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4741) is amended to read as follows:

``SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as are 
necessary to carry out this Act for each of fiscal years 2007 through 
2011.''.

                    TITLE VI--CONFORMING AMENDMENTS

SEC. 601. CONFORMING AMENDMENTS.

    (a) Repeal of Section 1103.--Section 1103 of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4713) is 
repealed.
    (b) Miscellaneous Amendments.--The Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 is amended--
            (1) by striking ``AQUATIC NUISANCE'' in the heading for 
        title I of Public Law 101-646 (104 Stat. 4761) and inserting 
        ``AQUATIC INVASIVE SPECIES'';
            (2) by striking ``Nuisance'' in the heading for subtitles B 
        and C of title I of Public Law 101-646 (104 Stat. 4761 et seq.) 
        and inserting ``Invasive'';
            (3) by striking ``Nuisance'' in section 1001 (16 U.S.C. 
        4701 note) and inserting ``Invasive Species'';
            (4) by striking ``Nuisance'' each place it appears and 
        inserting ``Invasive'';
            (5) by striking ``nuisance'' each place it appears and 
        inserting ``invasive'';
            (6) by striking ``nonindigenous'' in section 1104(b)(1) (16 
        U.S.C. 4714(b)(1)) and inserting ``invasive'';
            (7) by striking ``nonindigenous'' in section 1002(b)(4) (16 
        U.S.C. 4701(b)(4);
            (8) by striking the heading for section 1202 (16 U.S.C. 
        4722) and inserting the following:

``SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.'';

            (9) by striking the heading for section 1204 (16 U.S.C. 
        4724) and inserting the following:

``SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGEMENT PLANS.''; AND

            (10) in section 1102 (16 U.S.C. 4712)--
                    (A) in subsection (a) by striking the subsection 
                heading and inserting the following:
    ``(a) Studies on Introduction of Aquatic Invasive Species by 
Vessels.--''; and
                    (B) in subsection (b)--
                            (i) by striking paragraph (1); and
                            (ii) by redesignating paragraphs (2) and 
                        (3) as paragraphs (1) and (2), respectively.
    (c) References in Other Laws, Etc.--Any reference to the Aquatic 
Nuisance Species Task Force in any other Federal law, Executive Order, 
rule, regulation, or delegation of authority, or any document or 
pertaining to the Aquatic Nuisance Species Task Force or a member or 
employee of the Aquatic Nuisance Species Task Force, is deemed to refer 
to the Aquatic Invasive Species Task Force or a member or employee of 
the Aquatic Invasive Species Task Force, as appropriate.
    (d) Short Title References.--Any reference in a law, map, 
regulation, document, paper, or other record of the United States to 
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 
is deemed to refer to the Nonindigenous Aquatic Invasive Species 
Prevention and Control Act of 1990.
    (e) Effective Date.--Except as otherwise provided in section 1101 
of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4711), as amended by title I, the provisions of that 
title as so amended take effect on the date of enactment of this Act.
                                 <all>
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