I 

109TH CONGRESS 

1ST SESSION H. R. 1591

To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act 

of 1990 to reauthorize and improve that Act. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2005

Mr. GILCHREST (for himself, Mr. EHLERS, Mr. KIRK, Mr. BLUMENAUER, and 

Mr. DEFAZIO) 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 reauthorize and improve 

that Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘National Aquatic Invasive Species Act of 2005’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows:

Sec. 1. Short title; table of contents. 
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Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE 

SPECIES INTO WATERS OF THE UNITED STATES BY VESSELS 

Sec. 101. Vessel pathway requirements. 

Sec. 102. Requirements for new vessels. 

Sec. 103. Great Lakes program. 

Sec. 104. Authority of Secretary; regulations. 

Sec. 105. Sanctions. 

Sec. 106. Program coordination. 

Sec. 107. Vessel safety. 

Sec. 108. Relationship to other law. 

Sec. 109. Armed services whole vessel management program. 

Sec. 110. Conforming amendments. 

TITLE II—PREVENTION OF THE INTRODUCTION OF AQUATIC 

INVASIVE SPECIES BY OTHER PATHWAYS 

Sec. 201. Priority pathway management program. 

Sec. 202. Screening process for planned importations of live aquatic organisms. 

TITLE III—EARLY DETECTION; RAPID RESPONSE; CONTROL AND 

OUTREACH 

Sec. 301. Early detection. 

Sec. 302. Rapid response. 

Sec. 303. Dispersal barriers. 

Sec. 304. Environmental soundness. 

Sec. 305. Information, education, and outreach. 

TITLE IV—COORDINATION 

Sec. 401. Program coordination. 

Sec. 402. International coordination. 

TITLE V—AUTHORIZATION OF APPROPRIATIONS 

Sec. 501. Authorization of appropriations. 

TITLE VI—CONFORMING AMENDMENTS 

Sec. 601. Conforming amendments.

1 SEC. 2. FINDINGS. 

2 Congress finds that—

3 (1) aquatic invasive species are second only to 

4 habitat destruction as a cause of permanent losses 

5 in biological diversity of aquatic ecosystems of the 

6 United States; 
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1 (2) aquatic invasive species continue to be in2 troduced into water of the United States at an unac3 ceptable rate; 

4 (3) aquatic invasive species damage infrastruc5 ture, disrupt commerce, outcompete native species, 

6 reduce biodiversity, and threaten human health; 

7 (4) the direct and indirect costs of aquatic 

8 invasive species to the economy of the United States 

9 amount to billions of dollars per year; 

10 (5) in the Great Lakes region, approximately 

11 $3,000,000,000 has been spent in the past 10 years 

12 to mitigate the damage caused by a single invasive 

13 species, the zebra mussel; 

14 (6) wetlands suffer compound impacts from—

15 (A) terrestrial infestations (such as Nu16 tria); 

17 (B) aquatic infestations (such as Hydrilla); 

18 and 

19 (C) riparian infestations (such as Purple 

20 Loosestrife); 

21 (7) prevention of aquatic invasive species is the 

22 most environmentally sound and cost-effective man23 agement approach because once established, aquatic 

24 invasive species are costly, and sometimes impossible 

25 to control; 
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1 (8) to be effective, the prevention, early detec2 tion, and control of and rapid response to aquatic 

3 invasive species should be coordinated regionally, na4 tionally, and internationally; 

5 (9) pathway management is the most promising 

6 approach to reducing unplanned introductions of 

7 aquatic invasive species; 

8 (10) consistent national screening criteria are 

9 needed to evaluate the potential risk of nonindige10 nous aquatic species; 

11 (11) States and regions have unique 

12 vulnerabilities with respect to aquatic invasive spe13 cies and unique means for addressing aquatic 

14 invasive species; 

15 (12) a comprehensive research program which 

16 monitors pathways and ecosystems to detect the es17 tablishment and track the spread of invasive species, 

18 develop and demonstrate effective management and 

19 control methods, and monitor success of prevention 

20 and control efforts, is essential to accurate identi21 fication and management of high risk pathways; and 

22 (13) it is in the interest of the United States 

23 to understake a comprehensive and thorough pro24 gram to research, prevent, manage, and control in25 troductions of aquatic species that may become 
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1 invasive and to coordinate that program to the ex2 tent possible with neighboring nations and efforts 

3 globally. 

4 SEC. 3. DEFINITIONS. 

5 Section 1003 of the Nonindigenous Aquatic Nuisance 

6 Prevention and Control Act of 1990 (16 U.S.C. 4702) is 

7 amended to read as follows: 

8 ‘‘SEC. 1003. DEFINITIONS. 

9 ‘‘In this Act, the following definitions apply: 

10 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis11 trator’ means the Administrator of the Environ12 mental Protection Agency. 

13 ‘‘(2) AQUATIC ECOSYSTEMS IN THE UNITED

14 STATES.—The term ‘aquatic ecosystems in the 

15 United States’ means freshwater, marine, and estua16 rine environments (including inland waters and wet17 lands), located in waters of the United States. 

18 ‘‘(3) ASSISTANT SECRETARY.—The term ‘As19 sistant Secretary’ means the Assistant Secretary of 

20 the Army for Civil Works. 

21 ‘‘(4) BALLAST WATER.—The term ‘ballast 

22 water’ means any water (with its suspended matter) 

23 used to maintain the trim and stability of a vessel. 
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1 ‘‘(5) COASTAL VOYAGE.—The term ‘coastal voy2 age’ means a voyage conducted entirely within the 

3 exclusive economic zone. 

4 ‘‘(6) DIRECTOR.—The term ‘Director’ means 

5 the Director of the United States Fish and Wildlife 

6 Service. 

7 ‘‘(7) ENVIRONMENTALLY SOUND.—The term 

8 ‘environmentally sound’, when used in reference to 

9 any activity, refers to an activity that prevents or re10 duces introductions, or controls infestations, of 

11 aquatic invasive species in a manner that minimizes 

12 adverse effects on—

13 ‘‘(A) the structure and function of an eco14 system; and 

15 ‘‘(B) nontarget organisms and ecosystems. 

16 ‘‘(8) EXCLUSIVE ECONOMIC ZONE.—The term 

17 ‘exclusive economic zone’ means the area comprised 

18 of—

19 ‘‘(A) the Exclusive Economic Zone of the 

20 United States established by Proclamation 

21 Number 5030, dated March 10, 1983; and 

22 ‘‘(B) the equivalent zones of Canada and 

23 Mexico. 

24 ‘‘(9) GREAT LAKE.—The term ‘Great Lake’ 

25 means—
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1 ‘‘(A) Lake Erie; 

2 ‘‘(B) Lake Huron (including Lake Saint 

3 Clair); 

4 ‘‘(C) Lake Michigan; 

5 ‘‘(D) Lake Ontario; 

6 ‘‘(E) Lake Superior; 

7 ‘‘(F) the connecting channels of those 

8 Lakes, including—

9 ‘‘(i) the Saint Mary’s River; 

10 ‘‘(ii) the Saint Clair River; 

11 ‘‘(iii) the Detroit River; 

12 ‘‘(iv) the Niagara River; and 

13 ‘‘(v) the Saint Lawrence River to the 

14 Canadian border; and 

15 ‘‘(G) any other body of water located with16 in the drainage basin of a Lake, River, or con17 necting channel described in any of subpara18 graphs (A) through (F). 

19 ‘‘(10) GREAT LAKES REGION.—The term ‘Great 

20 Lakes region’ means the region comprised of the 

21 States of Illinois, Indiana, Michigan, Minnesota, 

22 New York, Ohio, Pennsylvania, and Wisconsin. 

23 ‘‘(11) INDIAN TRIBE.—The term ‘Indian tribe’ 

24 has the meaning given the term in section 4 of the 
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1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 450b). 

3 ‘‘(12) INTERBASIN WATERWAY.—The term 

4 ‘interbasin waterway’ means a waterway that con5 nects 2 distinct water basins. 

6 ‘‘(13) INTERNATIONAL JOINT COMMISSION.—

7 The term ‘International Joint Commission’ means 

8 the commission established by article VII of the 

9 Treaty relating to boundary waters and questions 

10 arising along the boundary between the United 

11 States and Canada, signed at Washington on Janu12 ary 11, 1909 (36 Stat. 2448). 

13 ‘‘(14) INTRODUCTION.—The term ‘introduction’ 

14 means the transfer of an organism to an ecosystem 

15 outside the historic range of the species of which the 

16 organism is a member. 

17 ‘‘(15) INVASION.—The term ‘invasion’ means 

18 an infestation of an aquatic invasive species. 

19 ‘‘(16) INVASIVE SPECIES.—The term ‘invasive 

20 species’ means a nonindigenous species the introduc21 tion of which into an ecosystem may cause harm to 

22 the economy, environment, human health, recreation, 

23 or public welfare. 

24 ‘‘(17) INVASIVE SPECIES COUNCIL.—The term 

25 ‘Invasive Species Council’ means the interagency 
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1 council established by section 3 of Executive Order 

2 No. 13112 (42 U.S.C. 4321 note). 

3 ‘‘(18) NONINDIGENOUS SPECIES.—The term 

4 ‘nonindigenous species’ means any species in an eco5 system beyond its historic range. 

6 ‘‘(19) SPECIES IN TRADE.—The term ‘species 

7 in trade’ means a species that has a documented his8 tory of being commercially imported into the United 

9 States in the period beginning on January 1, 1990, 

10 and ending on January 1, 2002. 

11 ‘‘(20) ORGANISM TRANSFER.—The term ‘orga12 nism transfer’ means the movement of an organism 

13 of any species from one ecosystem to another eco14 system outside the historic range of the species. 

15 ‘‘(21) PATHWAY.—The term ‘pathway’ means 1 

16 or more vectors by which an invasive species is 

17 transferred from one ecosystem to another. 

18 ‘‘(22) PLANNED IMPORTATION.—The term 

19 ‘planned importation’ means the purposeful move20 ment of one or more nonindigenous organisms for 

21 use in the territorial limits of the United States. 

22 ‘‘(23) REGIONAL PANEL.—The term ‘regional 

23 panel’ means a panel convened in accordance with 

24 section 1203. 
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1 ‘‘(24) SECRETARY.—The term ‘Secretary’ 

2 means the Secretary of Homeland Security. 

3 ‘‘(25) SPECIES.—The term ‘species’ means any 

4 fundamental category of taxonomic classification, or 

5 any viable biological material, ranking below a genus 

6 or subgenus. 

7 ‘‘(26) TASK FORCE.—The term ‘Task Force’ 

8 means the Aquatic Invasive Species Task Force es9 tablished by section 1201(a). 

10 ‘‘(27) TERRITORIAL SEA.—The term ‘territorial 

11 sea’ means the belt of the sea measured from the 

12 baseline of the United States determined in accord13 ance with international law, as set forth in Presi14 dential Proclamation Number 5928, dated December 

15 27, 1988. 

16 ‘‘(28) TREATMENT.—The term ‘treatment’ 

17 means a mechanical, physical, chemical, biological, 

18 or other process or method of killing, removing, or 

19 rendering inviable, organisms. 

20 ‘‘(29) TYPE APPROVAL.—The term ‘type ap21 proval’ means an approval procedure under which a 

22 type of system is initially certified as meeting a 

23 standard established by law (including a regulation) 

24 for a particular application if operated correctly. 
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1 ‘‘(30) UNDER SECRETARY.—The term ‘Under 

2 Secretary’ means the Under Secretary of Commerce 

3 for Oceans and Atmosphere. 

4 ‘‘(31) UNDESIRABLE IMPACT.—The term ‘unde5 sirable impact’ means economic, human health, aes6 thetic, or environmental degradation that is not nec7 essary for, and is not clearly outweighed by, public 

8 health, environmental, or welfare benefits. 

9 ‘‘(32) WATERS OF THE UNITED STATES.—

10 ‘‘(A) IN GENERAL.—The term ‘waters of 

11 the United States’ means the navigable waters 

12 and territorial sea of the United States. 

13 ‘‘(B) INCLUSION.—The term ‘waters of the 

14 United States’ includes the Great Lakes.’’. 

15 TITLE I—PREVENTION OF IN16 TRODUCTION OF AQUATIC 

17 INVASIVE SPECIES INTO WA18 TERS OF THE UNITED STATES 

19 BY VESSELS 

20 SEC. 101. VESSEL PATHWAY REQUIREMENTS. 

21 (a) REQUIREMENTS FOR VESSELS OPERATING IN

22 WATERS OF THE UNITED STATES.—Section 1101 of the 

23 Nonindigenous Aquatic Nuisance Prevention and Control 

24 Act of 1990 (16 U.S.C. 4711) is amended by striking sub25 section (a) and inserting the following: 
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1 ‘‘(a) REQUIREMENTS FOR ALL VESSELS OPERATING

2 IN WATERS OF THE UNITED STATES.—

3 ‘‘(1) INVASIVE SPECIES MANAGEMENT PLAN.—

4 ‘‘(A) IN GENERAL.—Effective beginning on 

5 the date that is 180 days after the issuance of 

6 guidelines pursuant to subparagraph (D) and 

7 the promulgation of guidelines or regulations 

8 under this section, each vessel that is equipped 

9 with ballast, and other towed vessels and struc10 tures, operating in waters of the United States 

11 shall have in effect, and have available for in12 spection, an aquatic invasive species manage13 ment plan that prescribes safe and effective 

14 means by which the master of the vessel shall 

15 minimize introductions and transfers of invasive 

16 species by any part of the vessel, pursuant to 

17 the guidelines or regulations applicable to that 

18 vessel. 

19 ‘‘(B) SPECIFICITY.—The management plan 

20 shall be specific to the vessel (or group of ves21 sels with characteristics similar to that of the 

22 vessel, as determined by the Secretary). 

23 ‘‘(C) REQUIREMENTS.—The management 

24 plan shall include, at a minimum, such informa-
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1 tion as is requested by the Secretary pursuant 

2 to subparagraph (D), including—

3 ‘‘(i) operational requirements to safely 

4 and effectively comply with the ballast 

5 water management requirements under 

6 paragraph (4); 

7 ‘‘(ii) operational requirements to safe8 ly and effectively carry out any actions 

9 consistent with rapid response action re10 quired by States and approved by the Sec11 retary under section 1211; 

12 ‘‘(iii) other requirements specified in 

13 guidelines adopted by the International 

14 Maritime Organization; 

15 ‘‘(iv) a description of all reporting re16 quirements and a copy of each form nec17 essary to meet those requirements; 

18 ‘‘(v) the position of the officer respon19 sible for implementation of ballast water 

20 management and reporting procedures on 

21 board; 

22 ‘‘(vi) documents relevant to any bal23 last water management equipment or pro24 cedures; 
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1 ‘‘(vii) a description of the location of 

2 access points for sampling ballast or sedi3 ments pursuant to paragraph (3)(B)(vi); 

4 ‘‘(viii) a description of requirements 

5 relating to compliance with any approved 

6 rapid response strategy relevant to the voy7 age of the vessel; 

8 ‘‘(ix) a contingency strategy applicable 

9 under subsection (k), if appropriate; and 

10 ‘‘(x) such requirements described in 

11 subsection (e) as are applicable to the ves12 sel. 

13 ‘‘(D) GUIDELINES.—Not later than 18 

14 months after the date of enactment of the Na15 tional Aquatic Invasive Species Act of 2005, the 

16 Secretary shall issue final guidelines for the de17 velopment of invasive species management 

18 plans, including guidelines that—

19 ‘‘(i) identify types of vessels for which 

20 plans are required; 

21 ‘‘(ii) establish processes for updating 

22 and revising the plans; and 

23 ‘‘(iii) establish criteria for compliance 

24 with this subsection. 

25 ‘‘(2) RECORDS.—The master of a vessel shall—
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1 ‘‘(A) maintain records of all ballast oper2 ations, for such period of time and including 

3 such information as the Secretary may specify; 

4 ‘‘(B) permit inspection of the records by 

5 representatives of the Secretary and of the 

6 State in which the vessel has entered a port; 

7 and 

8 ‘‘(C) transmit records to the National Bal9 last Information Clearinghouse established 

10 under section 1102(f). 

11 ‘‘(3) BEST MANAGEMENT PRACTICES.—

12 ‘‘(A) IN GENERAL.—Not later than 18 

13 months after the date of enactment of the Na14 tional Aquatic Invasive Species Act of 2005, the 

15 Secretary shall issue guidelines on best manage16 ment practices to eliminate or minimize and 

17 monitor organism transfer by vessels. 

18 ‘‘(B) PRACTICES TO BE INCLUDED.—The 

19 best management practices shall include, but 

20 not be limited to—

21 ‘‘(i) sediment management in trans22 oceanic vessels; 

23 ‘‘(ii) minimization of ballast water up24 take in areas where there is a greater risk 

25 of harmful organisms entering ballast 
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1 tanks (such as areas with toxic algal 

2 blooms or known outbreaks of aquatic 

3 invasive species); 

4 ‘‘(iii) avoidance of unnecessary dis5 charge of ballast water in a port that was 

6 taken up in another port; 

7 ‘‘(iv) to the maximum extent prac8 ticable, collection and the proper disposal 

9 of debris from the cleaning of the hull; 

10 ‘‘(v) proper use of antifouling coating; 

11 and 

12 ‘‘(vi) provision of access points in bal13 last piping for sampling of ballast intake 

14 and discharge. 

15 ‘‘(4) BALLAST WATER MANAGEMENT.—

16 ‘‘(A) IN GENERAL.—Each vessel equipped 

17 with a ballast water tank that enters a United 

18 States port, except for a vessel subject to sub19 paragraph (B) and subsection (c), shall comply 

20 with the standards described in paragraphs (1) 

21 and (2) of subsection (b) and the regulations 

22 promulgated under subsection (e) relating to 

23 ballast water management. 

24 ‘‘(B) EXCEPTIONS.—
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1 ‘‘(i) VESSELS OPERATING ENTIRELY

2 WITHIN THE EXCLUSIVE ECONOMIC

3 ZONE.—A vessel equipped with a ballast 

4 water tank that operates entirely within 

5 the exclusive economic zone shall not be re6 quired to comply with the standard de7 scribed in subsection (b)(1). 

8 ‘‘(ii) VESSELS THAT OPERATE EXCLU9 SIVELY IN AN ENCLOSED AQUATIC ECO10 SYSTEM.—

11 ‘‘(I) IN GENERAL.—A vessel 

12 equipped with ballast tanks and that 

13 operates exclusively in the upper 4 

14 Great Lakes, or in another enclosed 

15 aquatic ecosystem in which the poten16 tial for movement of organisms by 

17 natural and anthropogenic means is 

18 not significantly altered by the move19 ment of the vessel, is not required to 

20 comply with the standards described 

21 in paragraphs (1) and (2) of sub22 section (b). 

23 ‘‘(II) ADDITIONAL ENCLOSED

24 AQUATIC ECOSYSTEMS.—The Admin25 istrator and Under Secretary, in con-
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1 sultation with regional panels of the 

2 Task Force, may determine the other 

3 enclosed aquatic ecosystems that are 

4 covered by subclause (I).’’. 

5 (b) BALLAST WATER MANAGEMENT STANDARDS

6 AND CERTIFICATION PROCEDURES.—Section 1101 of the 

7 Nonindigenous Aquatic Nuisance Species Prevention and 

8 Control Act of 1990 (16 U.S.C. 4711) is further amend9 ed—

10 (1) by striking subsections (b) through (f) and 

11 subsection (h); and 

12 (2) by inserting after subsection (a) the fol13 lowing: 

14 ‘‘(b) BALLAST WATER MANAGEMENT STANDARDS

15 AND CERTIFICATION PROCEDURES.—

16 ‘‘(1) INTERIM STANDARDS.—

17 ‘‘(A) IN GENERAL.—Not later than 18 

18 months after the date of enactment of the Na19 tional Aquatic Invasive Species Act of 2005, the 

20 Secretary, with the concurrence of the Adminis21 trator and in consultation with the Task Force, 

22 shall promulgate final regulations establishing 

23 interim standards indicating acceptable—

24 ‘‘(i) operational performance for bal25 last water exchange (including contingency 
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1 procedures in instances in which a safety 

2 exemption is used pursuant to subsection 

3 (k)); and 

4 ‘‘(ii) biological effectiveness of ballast 

5 water treatment systems (including on6 shore facilities and facilities on board ves7 sels). 

8 ‘‘(B) REQUIREMENTS.—

9 ‘‘(i) BALLAST WATER EXCHANGE.—

10 The interim standard for ballast water ex11 change described in subparagraph (A) shall 

12 require—

13 ‘‘(I) at least 1 empty-and-refill 

14 cycle on the high sea or in an alter15 native exchange area designated by 

16 the Secretary, of each ballast tank 

17 that contains ballast water to be dis18 charged into waters of the United 

19 States; 

20 ‘‘(II) in a case in which the mas21 ter of a vessel determines that compli22 ance with subclause (I) is impracti23 cable, a sufficient number of flow24 through exchanges of ballast water, on 

25 the high sea or in an alternative ex-
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1 change area designated by the Sec2 retary, to achieve replacement of at 

3 least 95 percent of ballast water in 

4 ballast tanks of the vessel, as deter5 mined by a certification dye study 

6 conducted or model developed in ac7 cordance with protocols developed 

8 under paragraph (3)(B)(i) and re9 corded in the management plan of a 

10 vessel pursuant to subsection 

11 (a)(1)(C)(i); and 

12 ‘‘(III) an approved contingency 

13 procedure using best practicable tech14 nology or practices in instances in 

15 which a ballast water exchange is not 

16 undertaken pursuant to subsection 

17 (k). 

18 ‘‘(ii) BALLAST SYSTEM DESIGN AND

19 WATER TREATMENT SYSTEMS.—The in20 terim standard for a ballast water system 

21 design and treatment system described in 

22 subparagraph (A) shall require that at 

23 least 95 percent of the live aquatic 

24 vertebrates, invertebrates, phytoplankton, 

25 and macroalgae, respectively, in ballast 
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1 water taken in by a vessel or class of ves2 sels be killed or removed from ballast dis3 charge as determined by the qualified type 

4 approval process promulgated under para5 graph (3)(B)(ii). 

6 ‘‘(iii) CRITERIA; PERIOD OF EFFEC7 TIVENESS.—The interim standards de8 scribed in clauses (i) and (ii) shall—

9 ‘‘(I) meet occupational safety and 

10 environmental soundness criteria de11 scribed in paragraph (7); and 

12 ‘‘(II) cease to apply on the effec13 tive date of final standards developed 

14 pursuant to paragraph (2). 

15 ‘‘(2) FINAL STANDARDS.—

16 ‘‘(A) IN GENERAL.—Not later than 4 years 

17 after the date of enactment of the National 

18 Aquatic Invasive Species Act of 2005, the Ad19 ministrator, in consultation with the Task 

20 Force and with the concurrence of the Sec21 retary, shall promulgate final standards for bal22 last water discharge and other vessel operations 

23 determined to pose a significant risk to the en24 vironment through the introduction of non25 indigenous species. 
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1 ‘‘(B) REQUIREMENTS.—The final stand2 ards shall—

3 ‘‘(i) result from application of the best 

4 available technology for—

5 ‘‘(I) the applicable category or 

6 class of vessels; and 

7 ‘‘(II) the new source or existing 

8 source status; 

9 ‘‘(ii) have the goal of eliminating the 

10 risk of introduction into waters of the 

11 United States by vessels of nonindigenous 

12 species, including plant, animal, and 

13 human pathogens; 

14 ‘‘(iii) consider findings of scientific 

15 and policy research; and 

16 ‘‘(iv) be measurable. 

17 ‘‘(3) CERTIFICATION OF TREATMENTS OR PRAC18 TICES; ENFORCEMENT.—

19 ‘‘(A) IN GENERAL.—Not later than the 

20 date on which interim standards are promul21 gated under paragraph (1) and final standards 

22 are promulgated under paragraph (2), the Sec23 retary shall, with the concurrence of the Admin24 istrator, promulgate regulations for—
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1 ‘‘(i) the certification of treatments or 

2 practices that comply with the standards; 

3 and 

4 ‘‘(ii) ongoing enforcement of the use 

5 of the treatments or practices. 

6 ‘‘(B) CERTIFICATION UNDER INTERIM

7 STANDARDS.—The certification of treatments 

8 and practices in compliance with the interim 

9 standard promulgated pursuant to paragraph 

10 (1) shall be based on a qualified type approval 

11 process, including—

12 ‘‘(i) protocol for ballast water ex13 change involving dye studies or models de14 tailing flow dynamics of vessels described 

15 in paragraph (1)(B)(i)(II); and 

16 ‘‘(ii) protocol for qualified type ap17 proval of ballast water treatment systems 

18 for the interim standard described in para19 graph (1) that—

20 ‘‘(I) is capable of determining the 

21 extent to which a ballast water treat22 ment system complies with applicable 

23 standards, including limitations on 

24 that compliance caused by—
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1 ‘‘(aa) biological, chemical, or 

2 physical conditions of water 

3 taken into ballast; and 

4 ‘‘(bb) conditions encountered 

5 during a voyage; 

6 ‘‘(II) is capable of determining 

7 the extent to which a ballast water 

8 treatment system—

9 ‘‘(aa) is environmentally 

10 sound, based on criteria promul11 gated by the Administrator under 

12 paragraph (7)(A); and 

13 ‘‘(bb) is safe for vessel and 

14 crew; 

15 ‘‘(III) may be used in estimating 

16 the expected useful life of the ballast 

17 water treatment system, as deter18 mined on the basis of voyage patterns 

19 and normal use conditions; 

20 ‘‘(IV) includes a shipboard test21 ing component, and may include a 

22 shore-based testing component; 

23 ‘‘(V) provides for appropriate 

24 monitoring; and 

25 ‘‘(VI) is cost effective. 
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1 ‘‘(C) CERTIFICATION UNDER FINAL

2 STANDARDS.—The certification of treatments in 

3 compliance with the final standards issued pur4 suant to paragraph (2) shall—

5 ‘‘(i) apply to all methods of ballast 

6 water management and system design, in7 cluding—

8 ‘‘(I) ballast water exchange; 

9 ‘‘(II) ballast water treatment sys10 tems; and 

11 ‘‘(III) other vessel operations de12 termined to pose a significant risk to 

13 the environment through the introduc14 tion of nonindigenous organisms; 

15 ‘‘(ii) be reviewed and, as appropriate, 

16 revised not less often than every 3 years 

17 pursuant to subsection (f)(1); 

18 ‘‘(iii) meet occupational safety and en19 vironmental soundness criteria described in 

20 paragraph (7); and 

21 ‘‘(iv) apply beginning not later than 

22 October 1, 2011. 

23 ‘‘(4) EXPERIMENTAL APPROVAL FOR BALLAST

24 WATER TREATMENT.—
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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), if, before the date on which the Sec3 retary promulgates interim ballast water man4 agement standards under paragraph (1), an 

5 owner or operator of a vessel seeks to conduct 

6 a treatment of ballast water—

7 ‘‘(i) the owner or operator shall apply 

8 to the Secretary for experimental approval 

9 of the treatment; and 

10 ‘‘(ii) the Secretary shall approve the 

11 treatment if—

12 ‘‘(I) the owner or operator pro13 vides to the Secretary independently 

14 peer-reviewed, pilot-scale information 

15 relating to the effectiveness and envi16 ronmental soundness of the treatment; 

17 ‘‘(II) the Secretary and the Ad18 ministrator, in consultation with the 

19 Task Force (including relevant re20 gional panels, and the Prevention 

21 Committee, of the Task Force), deter22 mine that the technology to be used 

23 for the treatment has significant po24 tential to kill or remove at least 95 

25 percent of the aquatic vertebrates, in-
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1 vertebrates, phytoplankton, and macro 

2 algae, respectively, in ballast water 

3 taken in by the class of vessel for 

4 which the treatment is sought to be 

5 conducted; and 

6 ‘‘(III) the Administrator deter7 mines that the treatment meets envi8 ronmental regulations. 

9 ‘‘(B) LIMITATIONS.—

10 ‘‘(i) PERIOD OF TESTING.—Testing of 

11 the treatment system approved under this 

12 section may cease prior to the termination 

13 of the approval period described in clause 

14 (ii). 

15 ‘‘(ii) PERIOD OF APPROVAL.—Ap16 proval under subparagraph (A) shall be 

17 granted for—

18 ‘‘(I) a period of 10 years or the 

19 expected useful life of the treatment 

20 system, whichever is earlier; or 

21 ‘‘(II) until such time as the Sec22 retary or Administrator (as appro23 priate) determine that (based on 

24 available information, including infor25 mation developed pursuant to clause 
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1 (iii)) there exists a serious deficiency 

2 in performance or environmental 

3 soundness of the system relative to 

4 anticipated performance or environ5 mental soundness. 

6 ‘‘(iii) INFORMATION.—As a condition 

7 of receiving experimental approval for a 

8 treatment under subparagraph (A)(ii), the 

9 owner or operator of a vessel shall agree to 

10 collect and report such information regard11 ing the operational and biological effective12 ness of the treatment through sampling of 

13 the intake and discharge ballast as the 

14 Secretary may request. 

15 ‘‘(iv) RENEWAL.—An experimental 

16 approval may be renewed pursuant to 

17 paragraph (7)(B). 

18 ‘‘(5) INCENTIVES FOR USE OF TREATMENT SYS19 TEMS.—

20 ‘‘(A) IN GENERAL.—The Secretary, the 

21 Secretary of Transportation, and the Adminis22 trator shall assist owners or operators of vessels 

23 that seek to obtain experimental or interim ap24 proval for installation of ballast water treat-
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1 ment systems, including through providing 

2 guidance on—

3 ‘‘(i) a sampling protocol and test pro4 gram for cost-effective treatment evalua5 tion; 

6 ‘‘(ii) sources of sampling equipment 

7 and field biological expertise; and 

8 ‘‘(iii) examples of shipboard evalua9 tion studies. 

10 ‘‘(B) SELECTION OF TECHNOLOGIES AND

11 PRACTICES.—In selecting technologies and 

12 practices for shipboard demonstration under 

13 section 1104(b), the Secretary of the Interior 

14 and the Secretary of Commerce shall give pri15 ority consideration to technologies and practices 

16 that have received or are in the process of re17 ceiving approval under paragraphs (1) and (4) 

18 of this subsection. 

19 ‘‘(C) ANNUAL SUMMARIES.—The Secretary 

20 shall annually summarize, and make available 

21 to interested parties, all available information 

22 on the performance of technologies proposed for 

23 ballast treatment to facilitate the application 

24 process for experimental approval for ballast 

25 water treatment under paragraph (4). 
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1 ‘‘(6) APPLICATION FOR APPROVAL.—

2 ‘‘(A) IN GENERAL.—The Secretary and the 

3 Administrator may approve only such applica4 tions for qualified type approval of the ballast 

5 water treatment system that are in such form 

6 and contain such information as the Secretary 

7 and Administrator may require. 

8 ‘‘(B) APPROVAL AND DISAPPROVAL.—

9 ‘‘(i) IN GENERAL.—On receipt of an 

10 application under subparagraph (A)—

11 ‘‘(I) the Administrator shall, not 

12 later than 90 days after the date of 

13 receipt of the application—

14 ‘‘(aa) review the application 

15 for compliance and consistency 

16 with environmental soundness 

17 criteria promulgated under para18 graph (7)(A); and 

19 ‘‘(bb) approve those ballast 

20 water treatment systems that 

21 meet those criteria; and 

22 ‘‘(II) the Secretary, in consulta23 tion with the Task Force, shall, not 

24 later than 180 days after the date of 

25 receipt of the application—
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1 ‘‘(aa) determine whether the 

2 ballast water treatment system 

3 covered by the application meets 

4 the requirements of this sub5 section, as appropriate; 

6 ‘‘(bb) approve or disapprove 

7 the application; and 

8 ‘‘(cc) provide the applicant 

9 written notice of approval or dis10 approval. 

11 ‘‘(ii) LIMITATIONS.—An application 

12 approved under clause (i) shall—

13 ‘‘(I) be qualified with any limita14 tions relating to voyage pattern, dura15 tion, or any other characteristic that 

16 may affect the effectiveness or envi17 ronmental soundness of the ballast 

18 water treatment system covered by 

19 the application, as determined by the 

20 Secretary in consultation with the Ad21 ministrator; 

22 ‘‘(II) be applicable to a specific 

23 ship or group of ships, as determined 

24 by the Secretary; 

25 ‘‘(III) be valid for the lesser of—
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1 ‘‘(aa) a period of 10 years 

2 or the expected useful life of the 

3 treatment system, whichever is 

4 earlier; or 

5 ‘‘(bb) until such time as the 

6 Secretary or Administrator (as 

7 appropriate) determines that 

8 (based on available information, 

9 including information developed 

10 pursuant to paragraph 

11 (4)(B)(iii)) there exists a serious 

12 deficiency in performance or envi13 ronmental soundness of the sys14 tem relative to anticipated per15 formance or environmental 

16 soundness; and 

17 ‘‘(IV) be renewed if—

18 ‘‘(aa) the Secretary deter19 mines that the ballast water 

20 treatment system remains in 

21 compliance with applicable stand22 ards as of the date of application 

23 for renewal; or 
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1 ‘‘(bb) the remaining useful 

2 life of the vessel is less than 10 

3 years. 

4 ‘‘(7) ENVIRONMENTAL SOUNDNESS CRITERIA

5 FOR BALLAST TREATMENTS.—

6 ‘‘(A) IN GENERAL.—The Administrator 

7 shall include in criteria promulgated under sec8 tion 1202(k)(1)(A) specific criteria—

9 ‘‘(i) to ensure environmental sound10 ness of ballast treatment systems; and 

11 ‘‘(ii) to grant environmental sound12 ness exceptions under subparagraph (B). 

13 ‘‘(B) EXCEPTIONS.—

14 ‘‘(i) IN GENERAL.—In reviewing appli15 cations under paragraph (6)(B)(i)(I) in an 

16 emergency situation to achieve reductions 

17 in significant and acute risk of transfers of 

18 invasive species by vessels, the Secretary 

19 and the Administrator may jointly deter20 mine to make an exception to criteria de21 scribed in subparagraph (A)(i). 

22 ‘‘(ii) QUALIFICATION OF APPROV23 ALS.—To be eligible for an exception under 

24 clause (i), an approval under paragraph 
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•HR 1591 IH 

1 (6)(B)(i)(I) shall be qualified under para2 graph (6)(B)(ii). 

3 ‘‘(8) PENALTIES.—Paragraphs (1) and (2) of 

4 subsection (g) shall apply to a violation of a regula5 tion promulgated under this subsection.’’. 

6 SEC. 102. REQUIREMENTS FOR NEW VESSELS. 

7 Section 1101 of the Nonindigenous Aquatic Nuisance 

8 Prevention and Control Act of 1990 (16 U.S.C. 4711) is 

9 further amended by inserting after subsection (b) the fol10 lowing: 

11 ‘‘(c) DESIGN FEATURES AND TREATMENT SYSTEMS

12 FOR NEW VESSELS.—A vessel of which construction be13 gins on or after January 1, 2006, shall be equipped with 

14 design features and ballast water treatment systems that 

15 meet, at a minimum—

16 ‘‘(1) the interim standards described in sub17 section (b)(1)(B)(ii); or 

18 ‘‘(2) on promulgation of final standards pursu19 ant to subsection (b)(2)(A), such final standard as 

20 is applicable to the vessel.’’. 

21 SEC. 103. GREAT LAKES PROGRAM. 

22 Section 1101 of the Nonindigenous Aquatic Nuisance 

23 Prevention and Control Act of 1990 (16 U.S.C. 4711) is 

24 further amended by inserting after subsection (c) the fol25 lowing: 
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•HR 1591 IH 

1 ‘‘(d) GREAT LAKES PROGRAM.—

2 ‘‘(1) CONTINUITY OF REGULATIONS AND GREAT

3 LAKES PROGRAM.—

4 ‘‘(A) REGULATIONS.—Regulations promul5 gated under subsection (b) of this section, as in 

6 effect immediately before the enactment of the 

7 National Aquatic Invasive Species Act of 2005, 

8 shall remain in effect until such time as the 

9 regulations are revised or replaced by regula10 tions promulgated pursuant to the National 

11 Aquatic Invasive Species Act of 2005. 

12 ‘‘(B) RELATIONSHIPTO OTHER PRO13 GRAMS.—Upon implementation of a national 

14 mandatory ballast management program that is 

15 at least as comprehensive as the Great Lakes 

16 program established under subsection (b) of 

17 this section, as in effect immediately before the 

18 enactment of the National Aquatic Invasive 

19 Species Act of 2005, including regulations 

20 under that section (as determined by the Sec21 retary, in consultation with the Governors of 

22 Great Lakes States)—

23 ‘‘(i) the program regulating vessels 

24 and ballast water in the Great Lakes 

25 under this section shall terminate; and 
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•HR 1591 IH 

1 ‘‘(ii) the national program shall apply 

2 to such vessels and ballast water. 

3 ‘‘(2) REVIEW AND REVISION.—

4 ‘‘(A) IN GENERAL.—Not later than 18 

5 months after the date of enactment of the Na6 tional Aquatic Invasive Species Act of 2005, the 

7 Secretary shall—

8 ‘‘(i) review and revise regulations pro9 mulgated under this subsection; and 

10 ‘‘(ii) promulgate the revised regula11 tions. 

12 ‘‘(B) CONTENTS.—The revised regulations 

13 shall include at a minimum requirements under 

14 subsections (a) and (b) of this section.’’. 

15 SEC. 104. AUTHORITY OF SECRETARY; REGULATIONS. 

16 Section 1101 of the Nonindigenous Aquatic Nuisance 

17 Prevention and Control Act of 1990 (16 U.S.C. 4711) is 

18 further amended by inserting after subsection (d) the fol19 lowing: 

20 ‘‘(e) AUTHORITY OF SECRETARY; REGULATIONS.—

21 ‘‘(1) IN GENERAL.—Not later than 18 months 

22 after the date of enactment of the National Aquatic 

23 Invasive Species Act of 2005, the Secretary shall 

24 promulgate regulations to implement this section. 

25 ‘‘(2) PROGRAM COMPONENTS.—
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•HR 1591 IH 

1 ‘‘(A) IN GENERAL.—In carrying out para2 graph (1), the Secretary shall promulgate a 

3 separate set of regulations for—

4 ‘‘(i) ships that enter the Great Lakes 

5 after operating outside the exclusive eco6 nomic zone; and 

7 ‘‘(ii) ships that enter United States 

8 ports after operating outside the exclusive 

9 economic zone, excluding United States 

10 ports on the Great Lakes. 

11 ‘‘(B) DURATION.—Regulations promul12 gated under subparagraph (A)(i) shall remain 

13 in effect until the Great Lakes program is ter14 minated pursuant to subsection (d)(1)(B). 

15 ‘‘(3) REQUIREMENTS.—The regulations promul16 gated under paragraphs (1) shall—

17 ‘‘(A) be consistent with interim and final 

18 standards issued under paragraphs (1) and (2) 

19 of subsection (b), as applicable; 

20 ‘‘(B) apply to all vessels to which the re21 spective standards apply; 

22 ‘‘(C) protect the safety of—

23 ‘‘(i) each vessel; and 

24 ‘‘(ii) the crew and passengers of each 

25 vessel; 
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•HR 1591 IH 

1 ‘‘(D) require a vessel described in para2 graph (1)—

3 ‘‘(i) to carry out the exchange of bal4 last water of the vessel in waters beyond 

5 the exclusive economic zone in accordance 

6 with the standards and certification proce7 dures promulgated under subsection (b); 

8 ‘‘(ii) in a case in which the master of 

9 the vessel determines that compliance with 

10 clause (i) is impracticable, to exchange the 

11 ballast water of the vessel in other waters 

12 in which the exchange does not pose a 

13 threat of invasion or spread of nonindige14 nous species in waters of the United 

15 States, as designated by the Secretary; or 

16 ‘‘(iii) to use environmentally sound al17 ternative ballast water management meth18 ods, including modification of the vessel 

19 ballast water tanks and intake systems, if 

20 the Secretary determines that such alter21 native methods are in accordance with 

22 standards and certification procedures pro23 mulgated under subsection (b); 
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•HR 1591 IH 

1 ‘‘(E) provide for sampling of ballast intake 

2 and discharge flows through ballast piping to 

3 monitor compliance with the regulations; 

4 ‘‘(F) take into consideration—

5 ‘‘(i) vessel types; 

6 ‘‘(ii) variations in the ecological condi7 tions of waters and coastal areas of the 

8 United States; and 

9 ‘‘(iii) different operating conditions; 

10 and 

11 ‘‘(G) be based on the best scientific infor12 mation available. 

13 ‘‘(4) EDUCATION AND TECHNICAL ASSIST14 ANCE.—The Secretary may carry out education and 

15 technical assistance programs and other measures to 

16 promote compliance with the regulations promul17 gated under this subsection. 

18 ‘‘(f) PERIODIC REVIEW AND REVISION OF REGULA19 TIONS.—

20 ‘‘(1) IN GENERAL.—Not later than 3 years 

21 after the date of enactment of the National Aquatic 

22 Invasive Species Act of 2005, and not less often 

23 than every 3 years thereafter, the Secretary shall 

24 (with the concurrence of the Administrator, based on 

25 recommendations of the Task Force and information 
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•HR 1591 IH 

1 collected and analyzed by relevant research, and in 

2 accordance with criteria developed by the Task 

3 Force under paragraph (3))—

4 ‘‘(A) assess the compliance by vessels with 

5 regulations promulgated under this section; 

6 ‘‘(B) assess the effectiveness of the regula7 tions referred to in subparagraph (A) in reduc8 ing the introduction and spread of aquatic 

9 invasive species by vessels; and 

10 ‘‘(C) as necessary, on the basis of the best 

11 scientific information available—

12 ‘‘(i) revise the regulations referred to 

13 in subparagraph (A); and 

14 ‘‘(ii) promulgate additional regula15 tions. 

16 ‘‘(2) SPECIAL REVIEW AND REVISION.—Not 

17 later than 90 days after the date on which the Task 

18 Force makes a request to the Secretary for a special 

19 review and revision of the program, the Secretary 

20 shall (with the concurrence of the Administrator)—

21 ‘‘(A) conduct a special review of regula22 tions in accordance with paragraph (1); and 

23 ‘‘(B) as necessary, in the same manner as 

24 provided under paragraph (1)(C)—

25 ‘‘(i) revise those guidelines; or 
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•HR 1591 IH 

1 ‘‘(ii) promulgate additional regula2 tions. 

3 ‘‘(3) CRITERIA FOR EFFECTIVENESS.—Not 

4 later than 1 year after the date of enactment of the 

5 National Aquatic Invasive Species Act of 2005, and 

6 every 3 years thereafter, the Task Force shall sub7 mit to the Secretary criteria for determining the 

8 adequacy and effectiveness of all regulations promul9 gated under this section.’’. 

10 SEC. 105. SANCTIONS. 

11 Section 1101(g) of the Nonindigenous Aquatic Nui12 sance Prevention and Control Act of 1990 (16 U.S.C. 

13 1101(g)) is amended to read as follows: 

14 ‘‘(g) SANCTIONS.—

15 ‘‘(1) CIVIL PENALTIES.—

16 ‘‘(A) IN GENERAL.—Any person that vio17 lates a regulation promulgated under this sec18 tion shall be liable for a civil penalty in an 

19 amount not to exceed $50,000. 

20 ‘‘(B) SEPARATE VIOLATIONS.—Each day 

21 of a continuing violation constitutes a separate 

22 violation. 

23 ‘‘(C) LIABILITY OF VESSELS.—A vessel op24 erated in violation of a regulation promulgated 

25 under this Act shall be liable in rem for any 
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•HR 1591 IH 

1 civil penalty assessed under this subsection for 

2 that violation. 

3 ‘‘(2) CRIMINAL PENALTIES.—Any person that 

4 knowingly violates the regulations promulgated 

5 under subsection (b) is guilty of a class C felony. 

6 ‘‘(3) REVOCATION OF CLEARANCE.—On request 

7 of the Secretary, the Secretary of the Treasury shall 

8 withhold or revoke the clearance of a vessel required 

9 by section 4197 of the Revised Statutes (46 App. 

10 U.S.C. 91), if the owner or operator of that vessel 

11 is in violation of the regulations promulgated under 

12 subsection (b). 

13 ‘‘(4) EXCEPTION TO SANCTIONS.—This sub14 section does not apply to a failure to exchange bal15 last water if—

16 ‘‘(A) the master of a vessel, acting in good 

17 faith, decides that the exchange of ballast water 

18 will threaten the safety or stability of the vessel 

19 or the crew or passengers of the vessel; and 

20 ‘‘(B) the vessel complies with—

21 ‘‘(i) recordkeeping requirements of 

22 this title; 

23 ‘‘(ii) contingency requirements of sec24 tion 1211; and 
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•HR 1591 IH 

1 ‘‘(iii) reporting requirements of this 

2 title.’’. 

3 SEC. 106. PROGRAM COORDINATION. 

4 Section 1101 of the Nonindigenous Aquatic Nuisance 

5 Prevention and Control Act of 1990 (16 U.S.C. 1101) is 

6 further amended by striking subsections (h), (i), and (j) 

7 and inserting the following: 

8 ‘‘(h) COORDINATION WITH OTHER AGENCIES.—The 

9 Secretary is encouraged to use (with consent) the exper10 tise, facilities, members, or personnel of, appropriate Fed11 eral and State agencies and organizations that have rou12 tine contact with vessels, as determined by the Secretary. 

13 ‘‘(i) CONSULTATION WITH CANADA, MEXICO, AND

14 OTHER FOREIGN GOVERNMENTS.—In developing the 

15 guidelines issued and regulations promulgated under this 

16 section, the Secretary is encouraged to consult with the 

17 Government of Canada, the Government of Mexico, and 

18 any other government of a foreign country that the Sec19 retary, in consultation with the Task Force, determines 

20 to be necessary to develop and implement an effective 

21 international program for preventing the unintentional in22 troduction and spread of nonindigenous species. 

23 ‘‘(j) INTERNATIONAL COOPERATION.—The Sec24 retary, in cooperation with the International Maritime Or25 ganization of the United Nations and the Commission on 
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•HR 1591 IH 

1 Environmental Cooperation established pursuant to the 

2 North American Free Trade Agreement, is encouraged to 

3 enter into negotiations with the governments of foreign 

4 countries to develop and implement an effective inter5 national program for preventing the unintentional intro6 duction and spread of nonindigenous species.’’. 

7 SEC. 107. VESSEL SAFETY. 

8 Section 1101(k) of the Nonindigenous Aquatic Nui9 sance Prevention and Control Act of 1990 (16 U.S.C. 

10 1101(k)) is amended to read as follows: 

11 ‘‘(k) SAFETY EXEMPTION.—

12 ‘‘(1) MASTER DISCRETION.—The Master of a 

13 vessel is not required to conduct a ballast water ex14 change if the Master determines that the exchange 

15 would threaten the safety or stability of the vessel, 

16 or the crew or passengers of the vessel, because of 

17 adverse weather, vessel architectural design, equip18 ment failure, or any other extraordinary conditions. 

19 ‘‘(2) OTHER REQUIREMENTS.—A vessel that 

20 does not exchange ballast water on the high seas 

21 under paragraph (1) shall not discharge ballast 

22 water in any harbor, except in accordance with a 

23 contingency strategy approved by the Secretary (and 

24 included in the invasive species management plan of 

25 the vessel) to reduce the risk of organism transfer 
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1 by the discharge (using the best practicable tech2 nology and practices pursuant to regulations promul3 gated under subsection (b)(1)(B)(iii)).’’. 

4 SEC. 108. RELATIONSHIP TO OTHER LAW. 

5 Section 1101 of the Nonindigenous Aquatic Nuisance 

6 Prevention and Control Act of 1990 (16 U.S.C. 1101) is 

7 further amended by adding at the end the following: 

8 ‘‘(m) APPLICABILITY; EFFECT ON OTHER LAW.—

9 Nothing in this section or any regulation promulgated 

10 under this section supersedes or otherwise affects any re11 quirement or prohibition relating to the discharge of bal12 last water under the Federal Water Pollution Control Act 

13 (33 U.S.C. 1251 et seq.).’’. 

14 SEC. 109. ARMED SERVICES WHOLE VESSEL MANAGEMENT 

15 PROGRAM. 

16 (a) IN GENERAL.—Section 1103 of the Nonindige17 nous Aquatic Nuisance Prevention and Control Act of 

18 1990 (16 U.S.C. 4713) is amended—

19 (1) by striking the section heading and insert20 ing the following: 

21 ‘‘SEC. 1103. ARMED SERVICES WHOLE VESSEL MANAGE22 MENT PROGRAM.’’; 

23 and 

24 (2) in subsection (a)—
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•HR 1591 IH 

1 (A) by striking ‘‘Subject to’’ and inserting 

2 the following: 

3 ‘‘(1) BALLAST WATER.—Subject to’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(2) TOWED VESSEL MANAGEMENT PRO6 GRAM.—

7 ‘‘(A) IN GENERAL.—Subject to operational 

8 conditions, the Secretary of Defense, in con9 sultation with the Secretary, the Task Force, 

10 and the International Maritime Organization, 

11 shall implement a towed vessel management 

12 program for Department of Defense vessels to 

13 minimize the risk of introductions of aquatic 

14 invasive species through hull and associated hull 

15 aperture transfers by towed vessels. 

16 ‘‘(B) CURRENT BALLAST PROGRAM.—Sub17 paragraph (A) shall not affect the ballast pro18 gram for Department of Defense vessels in ef19 fect immediately before the enactment of the 

20 National Aquatic Invasive Species Act of 2005. 

21 ‘‘(3) REPORTS.—Not later than 3 years after 

22 the date of enactment of the National Aquatic 

23 Invasive Species Act of 2005, and every 3 years 

24 thereafter, the Secretary of Defense shall submit to 

25 the Congress a report that includes a summary and 
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1 analysis of the program carried out under this sec2 tion.’’. 

3 SEC. 110. CONFORMING AMENDMENTS. 

4 (a) Section 1101(g) of the Nonindigenous Aquatic 

5 Nuisance Prevention and Control Act of 1990 (16 U.S.C. 

6 4711(g)) is amended by striking ‘‘under subsection (b) or 

7 (f)’’ each place it appears and inserting ‘‘under this sec8 tion’’. 

9 (b) Section 1102(c)(1) of the Nonindigenous Aquatic 

10 Nuisance Prevention and Control Act of 1990 (16 U.S.C. 

11 4712(c)(1)) is amended by striking ‘‘issued under section 

12 1101(b)’’ and inserting ‘‘promulgated under section 

13 1101(e)’’. 

14 (c) Section 1102(f)(1)(B) of the Nonindigenous 

15 Aquatic Nuisance Prevention and Control Act of 1990 (16 

16 U.S.C. 4712(f)(1)(B)) is amended by striking ‘‘guidelines 

17 issued pursuant to section 1101(c)’’ and inserting ‘‘regula18 tions promulgated under section 1101(e)’’. 

19 TITLE II—PREVENTION OF THE 

20 INTRODUCTION OF AQUATIC 

21 INVASIVE SPECIES BY OTHER 

22 PATHWAYS 

23 SEC. 201. PRIORITY PATHWAY MANAGEMENT PROGRAM. 

24 Subtitle C of title I of the Nonindigenous Aquatic 

25 Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
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1 4721 et seq.) is amended by adding at the end the fol2 lowing: 

3 ‘‘SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM. 

4 ‘‘(a) IDENTIFICATION OF HIGH PRIORITY PATH5 WAYS.—Not later than 2 years after the date of enactment 

6 of the National Aquatic Invasive Species Act of 2005, and 

7 every 3 years thereafter, the Task Force, in coordination 

8 with the Invasive Species Council and in consultation with 

9 representatives of States, industry, and other interested 

10 parties, shall, based on pathway surveys and other avail11 able research relating to the rates of introductions in wa12 ters of the United States—

13 ‘‘(1) identify those pathways that pose the high14 est risk for introductions of invasive species, both 

15 nationally and on a region-by-region basis unless 

16 further managed; 

17 ‘‘(2) develop recommendations for management 

18 strategies for those high-risk pathways; 

19 ‘‘(3) include in the report to the Congress re20 quired under section 1201(f)(2)(B) a description of 

21 the identifications, strategies, and recommendations; 

22 and 

23 ‘‘(4) identify aquatic invasive species not yet in24 troduced into waters of the United States that are 
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•HR 1591 IH 

1 likely to be introduced into waters of the United 

2 States unless preventative measures are taken. 

3 ‘‘(b) MANAGEMENT OF HIGH PRIORITY PATH4 WAYS.—Not later than 3 years after the date of enactment 

5 of the National Aquatic Invasive Species Act of 2005, the 

6 Task Force or agencies of jurisdiction shall, to the max7 imum extent practicable, implement the strategies de8 scribed in subsection (a)(2).’’. 

9 SEC. 202. SCREENING PROCESS FOR PLANNED IMPORTA10 TIONS OF LIVE AQUATIC ORGANISMS. 

11 Subtitle B of the Nonindigenous Aquatic Nuisance 

12 Prevention and Control Act of 1990 (16 U.S.C. 4711 et 

13 seq.) is amended by adding at the end the following: 

14 ‘‘SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTA15 TIONS OF LIVE AQUATIC ORGANISMS. 

16 ‘‘(a) IN GENERAL.—Not later than 3 years after the 

17 date of enactment of the National Aquatic Invasive Spe18 cies Act of 2005, no live aquatic organism of a species 

19 not in trade shall be imported into the United States with20 out screening and approval in accordance with subsections 

21 (c) and (d). 

22 ‘‘(b) GUIDELINES.—

23 ‘‘(1) IN GENERAL.—Not later than 30 months 

24 after the date of enactment of the National Aquatic 

25 Invasive Species Act of 2005, in consultation with 
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1 regional panels convened under section 1203, States, 

2 tribes, and other stakeholders, the Invasive Species 

3 Council (in conjunction with the Task Force) shall 

4 issue guidelines for screening proposed planned im5 portations of live aquatic organisms into the United 

6 States, that include—

7 ‘‘(A) guidelines for minimum information 

8 requirements for determinations under sub9 section (c); and 

10 ‘‘(B) guidelines for a simplified notification 

11 procedure for any additional shipments of orga12 nisms that may occur after completion of an 

13 initial screening process and determination 

14 under subsection (c). 

15 ‘‘(2) PURPOSE.—The purpose of the screening 

16 process shall be to prevent the introduction or estab17 lishment of aquatic invasive species in waters of the 

18 United States and contiguous waters of Canada and 

19 Mexico. 

20 ‘‘(3) FACTORS.—In developing guidelines under 

21 this subsection and reviewing and revising the guide22 lines under subsection (j), the Invasive Species 

23 Council and the Task Force shall consider—

24 ‘‘(A) the likelihood of the spread of species 

25 by human or natural means; 
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•HR 1591 IH 

1 ‘‘(B) species that may occur in association 

2 with the species planned for importation, in3 cluding pathogens, parasites, and free-living or4 ganisms; and 

5 ‘‘(C) regional differences in probability of 

6 invasion and associated impacts. 

7 ‘‘(c) CATEGORIES.—The screening process conducted 

8 pursuant to subsection (d) shall require the identification, 

9 to the maximum extent practicable, to the species level or, 

10 at least, to the genus level, of live aquatic organisms pro11 posed for importation and shall list—

12 ‘‘(1) species with high or moderate probability 

13 of undesirable impacts to areas within the bound14 aries of the United States and contiguous areas of 

15 neighboring countries, to which the species is likely 

16 to spread; and 

17 ‘‘(2) species on which there is insufficient infor18 mation to determine the risk category based on 

19 guidelines issued pursuant to subsection (b)(1)(B). 

20 ‘‘(d) EVALUATION.—

21 ‘‘(1) IN GENERAL.—Not later than 180 days 

22 after the date of promulgation of guidelines under 

23 subsection (b), in consultation with regional panels 

24 convened under section 1203, States, tribes, and 

25 other stakeholders, a Federal agency with authority 
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1 over an importation into the United States of a live 

2 organism of a species not in trade shall screen the 

3 species in accordance with guidelines promulgated 

4 under subsection (b). 

5 ‘‘(2) DELEGATION AND AUTHORITY.—If no 

6 agency has authority described in paragraph (1) or 

7 an agency delegates the screening to the Director 

8 under subsection (h)—

9 ‘‘(A) the Director shall screen the orga10 nisms in accordance with subsections (a) and 

11 (b); and 

12 ‘‘(B) the Director may prohibit the impor13 tation of an organism of a species not in trade 

14 if the Director determines, based on evaluations 

15 consistent with the screening requirements pro16 mulgated under section (f), that the species has 

17 a high or moderate probability of undesirable 

18 impacts on areas within the boundaries of the 

19 United States and contiguous areas of neigh20 boring countries to which the species may 

21 spread. 

22 ‘‘(3) MULTIPLE JURISDICTION.—If more than 1 

23 agency has jurisdiction over the importation of a live 

24 organism, the agencies shall conduct only 1 screen25 ing process as determined by a memorandum of un-
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1 derstanding consistent with subsection (f), except 

2 that the Secretary of Agriculture, shall conduct 

3 screening of organisms imported to be cultured. 

4 ‘‘(e) REQUIREMENTS.—A Federal agency of jurisdic5 tion, or the Director, shall—

6 ‘‘(1) restrict or prohibit the importation into 

7 the United States from outside the United States of 

8 any species that is described in subsection (c)(1); 

9 ‘‘(2) prohibit the importation of any species de10 scribed in subsection (c)(2), unless the importation 

11 is for the sole purpose of research that is conducted 

12 in accordance with section 1202(f)(2); and 

13 ‘‘(3) make a determination under this sub14 section not later than 60 days after receiving a re15 quest for permission to import a live aquatic species. 

16 ‘‘(f) MEMORANDUM OF UNDERSTANDING.—

17 ‘‘(1) IN GENERAL.—The Director of the United 

18 States Fish and Wildlife Service shall enter into a 

19 Memorandum of Understanding with the heads of 

20 the agencies of jurisdiction regarding the screening 

21 requirements contained in this section. 

22 ‘‘(2) CONTENTS.—The Memorandum of Under23 standing shall contain, at a minimum—

24 ‘‘(A) a description of the relationship be25 tween and responsibilities of the agencies of ju-
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1 risdiction, including a process designating a 

2 lead agency in cases in which multiple agencies 

3 may have jurisdiction over the screening of an 

4 aquatic species; 

5 ‘‘(B) the process by which the Director will 

6 delegate screening duties to and receive delega7 tion from other agencies of jurisdiction; and 

8 ‘‘(C) the process by which agencies of ju9 risdiction will coordinate and share information 

10 required for the screening process. 

11 ‘‘(g) DELEGATION TO DIRECTOR.—Any agency with 

12 authority over the planned importation of a live aquatic 

13 organism may delegate to the Director the screening proc14 ess carried out under this section. 

15 ‘‘(h) CATALOG OF SPECIES IN TRADE.—Not later 

16 than 1 year after the date of enactment of the National 

17 Aquatic Invasive Species Act of 2005, the Director of the 

18 United States Geological Survey and the Director of the 

19 Smithsonian Environmental Research Center, in coopera20 tion with agencies with jurisdiction over planned importa21 tions of live organisms, shall—

22 ‘‘(1) develop and update as necessary a catalog 

23 of species in trade; and 

24 ‘‘(2) include the list in the information provided 

25 to the public pursuant to section 1102(f). 
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1 ‘‘(i) REVIEW AND REVISION.—

2 ‘‘(1) IN GENERAL.—At least once every 3 years, 

3 the Council, in conjunction with the Task Force, 

4 shall use research on early detection and monitoring 

5 under section 1106, among other information 

6 sources, to review and revise the screening, guide7 lines, and process carried out under this section. 

8 ‘‘(2) REPORT.—The Invasive Species Council 

9 shall include in its report to Congress required pur10 suant to section 1201(f)(2)(B)—

11 ‘‘(A) an evaluation of the effectiveness of 

12 the screening processes carried out under this 

13 section; 

14 ‘‘(B) an evaluation of the consistency of 

15 the application of the screening by agencies; 

16 and 

17 ‘‘(C) recommendations for revisions of the 

18 processes. 

19 ‘‘(j) PROHIBITIONS.—It shall be unlawful for any 

20 person subject to the jurisdiction of the United States to 

21 import an organism of a species described under sub22 section (c) or (d) or in violation of regulations promul23 gated under this section. 

24 ‘‘(k) PENALTIES.—
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1 ‘‘(1) CIVIL PENALTIES.—Any person who vio2 lates subsection (j) shall be liable for a civil penalty 

3 in an amount not to exceed $50,000. 

4 ‘‘(2) CRIMINAL PENALTIES.—Any person who 

5 knowingly violates subsection (j) is guilty of a class 

6 C felony. 

7 ‘‘(l) FEES.—The head of any agency that has juris8 diction over a planned importation of a species subject to 

9 screening under this Act may increase the amount of any 

10 appropriate fee that is charged under an authority of law 

11 to offset the cost of any screening process carried out 

12 under this section. 

13 ‘‘(m) INFORMATION.—A Federal agency conducting 

14 a screening process under this section shall make the re15 sults of the process available to the public (including inter16 national organizations). 

17 ‘‘(n) REGULATIONS.—The Director may issue regula18 tions to implement this section. 

19 ‘‘(o) APPLICABILITY: EFFECT ON OTHER LAWS.—

20 Nothing in this section shall be construed as repealing, 

21 superseding, or modifying any provision of Federal or 

22 state law.’’. 
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•HR 1591 IH 

1 TITLE III—EARLY DETECTION; 

2 RAPID RESPONSE; CONTROL 

3 AND OUTREACH 

4 SEC. 301. EARLY DETECTION. 

5 Subtitle B of the Nonindigenous Aquatic Nuisance 

6 Prevention and Control Act of 1990 (16 U.S.C. 4711 et 

7 seq.) (as amended by section 202) is amended by adding 

8 at the end the following: 

9 ‘‘SEC. 1106. EARLY DETECTION AND MONITORING. 

10 ‘‘(a) EARLY DETECTION.—

11 ‘‘(1) IN GENERAL.—Not later than 18 months 

12 after the date of enactment of the National Aquatic 

13 Invasive Species Act of 2005, in conjunction with 

14 the Council, the Task Force shall develop and pro15 mulgate a set of sampling protocols, a geographic 

16 plan, and budget to support a national system of ec17 ological surveys to rapidly detect recently established 

18 aquatic invasive species in waters of the United 

19 States. 

20 ‘‘(2) CONTENTS.—The protocols, plan, and 

21 budget shall, at a minimum—

22 ‘‘(A) address a diversity of aquatic eco23 systems of the United States (including inland 

24 and coastal waters); 
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•HR 1591 IH 

1 ‘‘(B) encourage State, local, port, and trib2 al participation in monitoring; 

3 ‘‘(C) balance scientific rigor with practica4 bility, timeliness, and breadth of sampling activ5 ity; 

6 ‘‘(D) consider the pathways and/or orga7 nisms identified under section 1210; 

8 ‘‘(E) include a capacity to evaluate the im9 pacts of permitted importations screened by the 

10 processes established under section 1105; and 

11 ‘‘(F) include clear lines of communication 

12 with appropriate Federal, State, and regional 

13 rapid response authorities. 

14 ‘‘(3) IMPLEMENTATION.—Not later than 3 

15 years after the date of enactment of the National 

16 Aquatic Invasive Species Act of 2005, the Director 

17 of the United States Fish and Wildlife Service, the 

18 Administrator of the National Oceanic and Atmos19 pheric Administration, and the Administrator (in 

20 consultation with the Invasive Species Council and 

21 in coordination with other agencies) shall implement 

22 a national system of ecological surveys that is—

23 ‘‘(A) carried out in cooperation with State, 

24 local, port, tribal authorities, and other non-
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•HR 1591 IH 

1 Federal entities (such as colleges and univer2 sities); and 

3 ‘‘(B) based on the protocols, plan, and 

4 budget published under subsection (a)(1) and 

5 any public comment.’’. 

6 SEC. 302. RAPID RESPONSE. 

7 Subtitle C of title I of the Nonindigenous Aquatic 

8 Nuisance Prevention and Control Act of 1990 (16 U.S.C. 

9 4721 et seq.) is further amended by adding at the end 

10 the following: 

11 ‘‘SEC. 1211. RAPID RESPONSE. 

12 ‘‘(a) STATE RAPID RESPONSE CONTINGENCY STRAT13 EGIES.—

14 ‘‘(1) EMERGENCY FUNDS FOR RAPID RE15 SPONSE.—A State that has in effect a rapid re16 sponse contingency strategy for invasive species in 

17 the State, including rapid assessment capabilities, 

18 that is approved under paragraph (2) shall be eligi19 ble to receive emergency funding to remain available 

20 until expended to implement rapid response meas21 ures for aquatic invasive species under the strategy, 

22 subject to renewal, as determined by the Secretary 

23 of the Interior and the Secretary in accordance with 

24 paragraph (2). 
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1 ‘‘(2) APPROVAL OF RAPID RESPONSE CONTIN2 GENCY STRATEGIES.—The Task Force, in consulta3 tion with the Invasive Species Council, shall approve 

4 a State rapid response contingency strategy de5 scribed in paragraph (1) if the strategy—

6 ‘‘(A) identifies all key governmental and 

7 nongovernmental partners to be involved in car8 rying out the strategy; 

9 ‘‘(B) clearly designates the authorities and 

10 responsibilities of each partner, including the 

11 authority of any State or government of an In12 dian tribe to distribute emergency funds; 

13 ‘‘(C) specifies criteria for rapid response 

14 measures, including a diagnostic system that—

15 ‘‘(i) distinguishes cases in which rapid 

16 response has a likelihood of success and 

17 cases in which rapid response has no likeli18 hood of success; 

19 ‘‘(ii) distinguishes rapid response 

20 measures from ongoing management and 

21 control of established populations of aquat22 ic invasive species; and 

23 ‘‘(iii) distinguishes instances in which 

24 the rate and probability of organism dis-
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•HR 1591 IH 

1 persal is significantly altered by vessel 

2 movements; 

3 ‘‘(D) includes an early detection strategy 

4 that supports or complements the early detec5 tion and monitoring system developed under 

6 section 1106; 

7 ‘‘(E) provides for a monitoring capability 

8 to assess—

9 ‘‘(i) the extent of infestations; and 

10 ‘‘(ii) the effectiveness of rapid re11 sponse efforts; 

12 ‘‘(F) to the maximum extent practicable, is 

13 integrated into the State aquatic invasive spe14 cies management plan approved under section 

15 1204; 

16 ‘‘(G) to the maximum extent possible, does 

17 not use rapid response tools that do not meet 

18 environmental criteria developed under sub19 section (e)(4); 

20 ‘‘(H) includes a public education and out21 reach component directed at—

22 ‘‘(i) potential pathways for spread of 

23 aquatic invasive species; and 
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•HR 1591 IH 

1 ‘‘(ii) persons involved in industries 

2 and recreational activities associated with 

3 those pathways; and 

4 ‘‘(I) to the extent that the strategy involves 

5 vessels, conforms with guidelines issued by the 

6 Secretary under subsection (c)(2). 

7 ‘‘(b) REGIONAL RAPID RESPONSE CONTINGENCY

8 STRATEGIES.—The Task Force, with the concurrence of 

9 the Invasive Species Council and in consultation with the 

10 regional panels of the Task Force established under sec11 tion 1203, shall encourage the development of regional 

12 rapid response contingency strategies that—

13 ‘‘(1) provide a consistent and coordinated ap14 proach to rapid response; and 

15 ‘‘(2) are approved by—

16 ‘‘(A) the Secretary; and 

17 ‘‘(B) the Governors and Indian tribes hav18 ing jurisdiction over areas within a region. 

19 ‘‘(c) MODEL RAPID RESPONSE CONTINGENCY

20 STRATEGIES.—Not later than 18 months after the date 

21 of enactment of the National Aquatic Invasive Species Act 

22 of 2005—

23 ‘‘(1) the Task Force, with the concurrence of 

24 the Invasive Species Council and the regional panels 
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•HR 1591 IH 

1 of the Task Force established under section 1203, 

2 shall develop—

3 ‘‘(A) a model State rapid response contin4 gency strategy for aquatic invasive species, in5 cluding rapid assessment capability, that in6 cludes, to the maximum extent practicable, the 

7 components listed under subparagraphs (A) 

8 through (H) of subsection (a)(2); and 

9 ‘‘(B) a model regional rapid response con10 tingency strategy for aquatic invasive species; 

11 and 

12 ‘‘(2) the Secretary, in concurrence with the 

13 Task Force and the regional panels, shall issue 

14 guidelines that describe vessel-related requirements 

15 that may be used in a rapid response contingency 

16 strategy, including specific requirements for strategy 

17 approved under this section. 

18 ‘‘(d) COST SHARING.—

19 ‘‘(1) STATE RAPID RESPONSE CONTINGENCY

20 STRATEGIES.—The Federal share of the cost of ac21 tivities carried out under a State rapid response con22 tingency strategy approved under subsection (a) 

23 shall be not less than 50 percent. 

24 ‘‘(2) REGIONAL RAPID RESPONSE CONTINGENCY

25 STRATEGIES.—The Federal share of the cost of ac-
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•HR 1591 IH 

1 tivities carried out under a regional rapid response 

2 contingency strategy approved under subsection (b) 

3 shall be not less than 75 percent. 

4 ‘‘(3) IN-KIND CONTRIBUTIONS.—States or re5 gions that receive Federal funds for rapid response 

6 activities may provide matching funds in the form of 

7 in-kind contributions. 

8 ‘‘(e) FEDERAL RAPID RESPONSE TEAMS.—

9 ‘‘(1) ESTABLISHMENT OF TEAMS.—Not later 

10 than 1 year after the date of enactment of the Na11 tional Aquatic Invasive Species Act of 2005, the 

12 Invasive Species Council, in coordination with the 

13 Task Force and the heads of appropriate Federal 

14 agencies, shall establish a Federal rapid response 

15 team for each of the 10 Federal regions that com16 prise the Standard Federal Regional Boundary Sys17 tem. 

18 ‘‘(2) DUTIES OF TEAMS.—Each Federal rapid 

19 response team shall, at a minimum—

20 ‘‘(A) implement rapid eradication or con21 trol responses for newly detected aquatic 

22 invasive species on Federal and tribal land; 

23 ‘‘(B) carry out, or assist in carrying out, 

24 rapid responses for newly detected aquatic 

25 invasive species on non-Federal land at the re-
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•HR 1591 IH 

1 quest of a State, Indian tribe, or group of 

2 States or Indian tribes; 

3 ‘‘(C) provide training and expertise for 

4 State, tribal, or regional rapid responders; 

5 ‘‘(D) provide central sources of informa6 tion for rapid responders; 

7 ‘‘(E) maintain a list of researchers and 

8 rapid response volunteers; and 

9 ‘‘(F) in carrying out any rapid response 

10 activity with respect to an aquatic noxious weed 

11 listed under section 412(f) of the Plant Protec12 tion Act (7 U.S.C. 7712(f)), include representa13 tives of the Animal and Plant Health Inspection 

14 Service. 

15 ‘‘(3) CRITERIA FOR IDENTIFYING CASES OF

16 RAPID RESPONSE WARRANTING FEDERAL ASSIST17 ANCE.—Not later than 1 year after the date of en18 actment of the National Aquatic Invasive Species 

19 Act of 2005, the Task Force, with the concurrence 

20 of the Invasive Species Council, shall develop criteria 

21 to identify cases of rapid response warranting Fed22 eral assistance under this subsection, including cri23 teria relating to, at a minimum—
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•HR 1591 IH 

1 ‘‘(A) the extent to which infestations of 

2 aquatic invasive species may be managed suc3 cessfully by rapid response; 

4 ‘‘(B) the extent to which rapid response ef5 forts may differ from ongoing management and 

6 control; and 

7 ‘‘(C) the extent to which infestations of 

8 nonindigenous aquatic invasive species are con9 sidered to be an acute or chronic threat to—

10 ‘‘(i) biodiversity of native fish and 

11 wildlife; 

12 ‘‘(ii) habitats of native fish and wild13 life; or 

14 ‘‘(iii) human health. 

15 ‘‘(4) ENVIRONMENTAL CRITERIA.—Not later 

16 than 1 year after the date of enactment of the Na17 tional Aquatic Invasive Species Act of 2005, the Ad18 ministrator, in consultation with the Invasive Spe19 cies Council, the Secretary of Transportation, the 

20 Task Force (including regional panels of the Task 

21 Force established under section 1203), the Director, 

22 and the Director of the National Marine Fisheries 

23 Service, shall develop environmental criteria to mini24 mize nontarget environmental impacts of rapid re25 sponses carried out pursuant to this section.’’. 
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•HR 1591 IH 

1 SEC. 303. DISPERSAL BARRIERS. 

2 Section 1202 of the Nonindigenous Aquatic Nuisance 

3 Prevention and Control Act of 1990 (16 U.S.C. 4722) is 

4 amended—

5 (1) by redesignating subsections (j) and (k) as 

6 subsections (l) and (m), respectively; and 

7 (2) by inserting after subsection (i) the fol8 lowing: 

9 ‘‘(j) NATIONAL DISPERSAL BARRIER PROGRAM.—

10 ‘‘(1) CHICAGO RIVER SHIPAND SANITARY

11 CANAL DISPERSAL BARRIER PROJECT.—

12 ‘‘(A) IN GENERAL.—The Assistant Sec13 retary, with the concurrence of the Adminis14 trator, shall complete construction of, operate, 

15 and maintain, the Chicago River Ship and Sani16 tary Canal dispersal barrier project. 

17 ‘‘(B) CONSULTATION.—Subparagraph (A) 

18 shall be carried out in consultation with the ap19 propriate Federal, State, local, and other non20 governmental entities. 

21 ‘‘(C) CONSTRUCTION.—The completed bar22 rier project shall include additions to the dis23 persal barrier in existence on the date of enact24 ment of the National Aquatic Species Act of 

25 2005, including—

26 ‘‘(i) backup power; 
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•HR 1591 IH 

1 ‘‘(ii) a research vessel launching 

2 crane; 

3 ‘‘(iii) replacement electrodes; 

4 ‘‘(iv) other barrier elements, as avail5 able and appropriate; 

6 ‘‘(v) an acoustic monitoring system; 

7 ‘‘(vi) an emergency egress system; and 

8 ‘‘(vii) a second long-service life dis9 persal barrier. 

10 ‘‘(D) FEASIBILITY STUDY OF CHICAGO

11 RIVER SHIPAND SANITARY CANAL.—

12 ‘‘(i) IN GENERAL.—Not later than 3 

13 years after the date of enactment of the 

14 National Aquatic Invasive Species Act of 

15 2005, the Assistant Secretary, in consulta16 tion with appropriate Federal, State, local, 

17 and nongovernmental entities, shall con18 duct a feasibility study of the full range of 

19 options available to prevent the spread of 

20 aquatic species through the Chicago River 

21 Ship and Sanitary dispersal barrier. 

22 ‘‘(ii) MATTERS TO BE STUDIED.—The 

23 study shall—

24 ‘‘(I) provide recommendations 

25 concerning additional and long-term 
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•HR 1591 IH 

1 measures necessary to improve the 

2 performance of the Chicago River 

3 Ship and Sanitary Canal dispersal 

4 barrier; and 

5 ‘‘(II) examine methods and meas6 ures necessary to achieve, to the max7 imum extent practicable, 100-percent 

8 efficacy of the barrier with respect to 

9 aquatic invasive species of fish and 

10 maximum efficacy of the barrier with 

11 respect to other taxa of aquatic 

12 invasive species. 

13 ‘‘(2) MONITORING PROGRAM.—

14 ‘‘(A) ESTABLISHMENT.—Not later than 1 

15 year after the date of enactment of the Na16 tional Aquatic Invasive Species Act of 2005, the 

17 Secretary of the Interior shall establish an 

18 interbasin and intrabasin monitoring program. 

19 ‘‘(B) REQUIRED ELEMENTS.—The moni20 toring program shall—

21 ‘‘(i) track aquatic invasive species 

22 moving through the Chicago River Ship 

23 and Sanitary Canal, the Lake Champlain 

24 Canal, other interbasin waterways, and 
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•HR 1591 IH 

1 major river systems as recommended by re2 gional panels convened under section 1203; 

3 ‘‘(ii) assess the efficacy of dispersal 

4 barriers and other measures in preventing 

5 the spread of aquatic invasive species 

6 through the waterways; and 

7 ‘‘(iii) identify waterways suitable for 

8 dispersal barrier demonstration projects, in 

9 addition to the waterways at which dis10 persal barrier demonstration projects were 

11 carried out before the date of enactment of 

12 the National Aquatic Invasive Species Act 

13 of 2005. 

14 ‘‘(C) REPORTS.—The Secretary of the In15 terior shall issue biennial reports on the find16 ings of the monitoring program. 

17 ‘‘(3) PREVENTION AND MITIGATION PLANS FOR

18 ARMY CORPS OF ENGINEERS PROJECTS.—In devel19 oping projects involving interbasin waterways or 

20 other hydrologic alternations that could create path21 ways for aquatic invasive species, the Assistant Sec22 retary shall develop adequate prevention and mitiga23 tion plans for controlling the dispersal of aquatic 

24 invasive species. 
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•HR 1591 IH 

1 ‘‘(4) TECHNICAL ASSISTANCE.—The Great 

2 Lakes Environmental Research Laboratory of the 

3 National Oceanic and Atmospheric Administration 

4 shall provide technical assistance to appropriate enti5 ties to assist in the research conducted under this 

6 subsection. 

7 ‘‘(5) REPORTS.—Not later than 3 years after 

8 the date of enactment of the National Aquatic 

9 Invasive Species Act of 2005, the Assistant Sec10 retary and the Director shall jointly submit to the 

11 Congress a report that describes—

12 ‘‘(A) the efficacy of the Chicago River Ship 

13 and Sanitary Canal dispersal barrier project; 

14 and 

15 ‘‘(B) a plan to provide for additional dis16 persal barrier demonstration projects and fur17 ther research needs. 

18 ‘‘(6) ADDITIONAL WATERWAYS.—The Assistant 

19 Secretary, with the concurrence of the Adminis20 trator, and other relevant Federal agencies, shall—

21 ‘‘(A) identify additional waterways suitable 

22 for the construction of new dispersal barriers 

23 (based on the monitoring program established 

24 under paragraph (2)); and 
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•HR 1591 IH 

1 ‘‘(B) construct, maintain, and operate such 

2 dispersal barriers as necessary.’’. 

3 SEC. 304. ENVIRONMENTAL SOUNDNESS. 

4 Section 1202 of the Nonindigenous Aquatic Nuisance 

5 Prevention and Control Act of 1990 (16 U.S.C. 4722) is 

6 further amended by inserting after subsection (j) the fol7 lowing: 

8 ‘‘(k) IMPROVEMENT OF TREATMENT METHODS FOR

9 AQUATIC INVASIVE SPECIES.—

10 ‘‘(1) CRITERIA TO EVALUATE ENVIRONMENTAL

11 SOUNDNESS OF TREATMENT METHODS.—

12 ‘‘(A) IN GENERAL.—Not later than 1 year 

13 after the date of enactment of the National 

14 Aquatic Invasive Species Act of 2005, the Ad15 ministrator, in consultation and cooperation 

16 with the Secretary, the Invasive Species Coun17 cil, and the Task Force (including any regional 

18 panels of the Task Force) shall promulgate cri19 teria to evaluate the treatment methods de20 scribed in subparagraph (B) for the purpose of 

21 ensuring that the treatment methods pose no 

22 significant threat of adverse effect on human 

23 health, public safety, or the environment (in24 cluding air quality and the aquatic environ-
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•HR 1591 IH 

1 ment) that is acute, chronic, cumulative, or col2 lective. 

3 ‘‘(B) TREATMENT METHODS.—The treat4 ment methods referred to in subparagraph (A) 

5 are all mechanical, physical, chemical, biologi6 cal, and other treatment methods used in bodies 

7 of water of the United States (regardless of 

8 whether the bodies of water are navigable and 

9 regardless of the origin of the waters), to pre10 vent, treat, or respond to the introduction of 

11 aquatic invasive species. 

12 ‘‘(C) CONSULTATION.—In carrying out 

13 subparagraph (A), the Administrator shall con14 sult with—

15 ‘‘(i) the Secretary of Transportation; 

16 ‘‘(ii) the Task Force (including the re17 gional panels of the Task Force established 

18 under section 1203); 

19 ‘‘(iii) the Director; 

20 ‘‘(iv) the Assistant Secretary; 

21 ‘‘(v) the Director of the National Ma22 rine Fisheries Service; and 

23 ‘‘(vi) relevant State agencies. 

24 ‘‘(2) PUBLICATION OF INFORMATION ON ENVI25 RONMENTALLY SOUND TREATMENT METHODS.—The 
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1 Administrator, in consultation with the Invasive Spe2 cies Council, shall publish (not later than 1 year 

3 after the date of enactment of the National Aquatic 

4 Invasive Species Act of 2005) and update annu5 ally—

6 ‘‘(A) a list of environmentally sound treat7 ment methods that may apply to a potential 

8 aquatic invasive species response effort; 

9 ‘‘(B) accompanying research that supports 

10 the environmental soundness of each approved 

11 treatment method; and 

12 ‘‘(C) explicit guidelines under which each 

13 treatment method can be used in an environ14 mentally sound manner. 

15 ‘‘(3) REPORTS.—The Invasive Species Council 

16 and Task Force shall include the information de17 scribed in paragraph (2) in the reports submitted 

18 under section 1201(f)(2)(B).’’. 

19 SEC. 305. INFORMATION, EDUCATION, AND OUTREACH. 

20 Section 1202(h) of the Nonindigenous Aquatic Nui21 sance Prevention and Control Act of 1990 (16 U.S.C. 

22 4722(h)) is amended—

23 (1) by striking ‘‘(h) Education.—The Task 

24 Force’’ and inserting the following: 

25 ‘‘(h) INFORMATION, EDUCATION, AND OUTREACH.—
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•HR 1591 IH 

1 ‘‘(1) IN GENERAL.—The Task Force’’; and 

2 (2) by adding at the end the following: 

3 ‘‘(2) ACTIVITIES.—

4 ‘‘(A) IN GENERAL.—The programs carried 

5 out under paragraph (1) shall include the ac6 tivities described in this paragraph. 

7 ‘‘(B) PUBLIC OUTREACH.—

8 ‘‘(i) PUBLIC WARNINGS.—Not later 

9 than 180 days after the date of enactment 

10 of the National Aquatic Invasive Species 

11 Act of 2005, each Federal officer of an 

12 agency that provides Federal funds to 

13 States for building or maintaining public 

14 access points to United States water bodies 

15 shall amend the guidelines of the agency, 

16 in consultation with relevant State agen17 cies, to encourage the posting of regionally 

18 specific public warnings or other suitable 

19 informational and educational materials at 

20 the access points regarding—

21 ‘‘(I) the danger of spread of 

22 aquatic invasive species through the 

23 transport of recreational watercraft; 

24 and 
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•HR 1591 IH 

1 ‘‘(II) methods for removing orga2 nisms prior to transporting a 

3 watercraft. 

4 ‘‘(ii) CLEANING OF WATERCRAFT AT

5 MARINAS.—Not later than 1 year after the 

6 date of enactment of the National Aquatic 

7 Invasive Species Act of 2005, the Under 

8 Secretary and the Director (in cooperation 

9 with the Task Force and in consultation 

10 with the States, relevant industry groups, 

11 and Indian tribes) shall develop an edu12 cation, outreach, and training program di13 rected toward marinas and marina opera14 tors regarding—

15 ‘‘(I) checking watercraft for live 

16 organisms; 

17 ‘‘(II) removing live organisms 

18 from the watercraft before the 

19 watercraft are commercially or 

20 recreationally trailered; 

21 ‘‘(III) encouraging regular hull 

22 cleaning and maintenance, avoiding 

23 in-water hull cleaning; and 

24 ‘‘(IV) other activities, as identi25 fied by the Secretary. 
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1 ‘‘(iii) PROPER DISPOSAL OF NON2 INDIGENOUS LIVE AQUATIC ORGANISMS IN

3 TRADE.—The Task Force shall—

4 ‘‘(I) not later than 1 year after 

5 the date of enactment of the National 

6 Aquatic Invasive Species Act of 2005, 

7 develop (in consultation with industry 

8 and other affected parties) issue 

9 guidelines for proper disposal of live 

10 nonindigenous aquatic organisms in 

11 trade; and 

12 ‘‘(II) use the guidelines in appro13 priate public information and out14 reach efforts. 

15 ‘‘(C) 100th meridian program.—

16 ‘‘(i) IN GENERAL.—Not later than 1 

17 year after the date of enactment of the 

18 National Aquatic Invasive Species Act of 

19 2005, the Task Force shall expand the in20 formation and education program directed 

21 at recreational boaters in States from 

22 which watercraft are transported westward 

23 across the 100th meridian. 

24 ‘‘(ii) ACTIVITIES.—In carrying out the 

25 program, the task force shall—
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•HR 1591 IH 

1 ‘‘(I) survey owners of watercraft 

2 transported westward across the 

3 100th meridian to determine the 

4 States of origin of most such owners; 

5 ‘‘(II) provide information directly 

6 to watercraft owners concerning the 

7 importance of cleaning watercraft car8 rying live organisms before trans9 porting the watercraft; and 

10 ‘‘(III) support education and in11 formation programs of the States of 

12 origin to ensure that the State pro13 grams address westward spread. 

14 ‘‘(D) INFORMATION AND EDUCATION PRO15 GRAM BY NATIONAL PARK SERVICE.—The Sec16 retary of the Interior, acting through the Direc17 tor of the National Park Service, shall develop 

18 a program to provide public outreach and other 

19 educational activities to prevent the spread of 

20 aquatic invasive species by recreational 

21 watercraft in parkland or through events spon22 sored by the National Park Service. 

23 ‘‘(3) OUTREACH TO INDUSTRY.—The Task 

24 Force, in conjunction with the Invasive Species 

25 Council, shall carry out activities to inform and pro-
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•HR 1591 IH 

1 mote voluntary cooperation and regulatory compli2 ance by members of the national and international 

3 maritime, horticultural, aquarium, aquaculture, and 

4 pet trade industries with screening, monitoring, and 

5 control of the transportation of aquatic invasive spe6 cies. 

7 ‘‘(4) PUBLIC ACCESS TO MONITORING INFORMA8 TION.—The Task Force, the Invasive Species Coun9 cil, and other relevant agencies, shall maintain infor10 mation on the Internet regarding—

11 ‘‘(A) the best approaches for the public 

12 and private interests to use in assisting with 

13 national early detection and monitoring of 

14 aquatic invasive species in waters of the United 

15 States; 

16 ‘‘(B) contact locations for joining a na17 tional network of monitoring stations; 

18 ‘‘(C) approved State Management Plans 

19 under section 1204(a) and Rapid Response 

20 Contingency Strategies under sections 

21 1211(a)(2) and 1211(c); and 

22 ‘‘(D) the list of potential invaders under 

23 section 1201(a)(4).’’. 
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1 TITLE IV—COORDINATION 

2 SEC. 401. PROGRAM COORDINATION. 

3 (a) MEMBERSHIPOF TASK FORCE.—Section 1201(b) 

4 of the Nonindigenous Aquatic Nuisance Prevention and 

5 Control Act of 1990 (16 U.S.C. 4721) is amended—

6 (1) in paragraph (6) by striking ‘‘and’’ at the 

7 end; 

8 (2) by redesignating paragraph (7) as para9 graph (12); and 

10 (3) by inserting after paragraph (6) the fol11 lowing: 

12 ‘‘(7) the Director of the United States Geologi13 cal Survey; 

14 ‘‘(8) the Director of the Smithsonian Environ15 mental Research Center; 

16 ‘‘(9) the Secretary of State; 

17 ‘‘(10) the Secretary of Transportation; 

18 ‘‘(11) the Secretary of Homeland Security; 

19 and’’. 

20 (b) COORDINATION WITH INVASIVE SPECIES COUN21 CIL.—Section 1201(f) of the Nonindigenous Aquatic Nui22 sance Prevention and Control Act of 1990 (16 U.S.C. 

23 4721(f)) is amended—

24 (1) by striking ‘‘Each Task Force member’’ and 

25 inserting the following: 
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•HR 1591 IH 

1 ‘‘(1) IN GENERAL.—Each member of the Task 

2 Force’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(2) INVASIVE SPECIES COUNCIL.—The 

5 Invasive Species Council shall—

6 ‘‘(A) coordinate and cooperate with the 

7 Task Force in carrying out the duties of the 

8 Invasive Species Council relating to aquatic 

9 invasive species; 

10 ‘‘(B) not later than 2 years after the date 

11 of enactment of the National Aquatic Invasive 

12 Species Act of 2005, and every 3 years there13 after, submit to Congress a report that summa14 rizes the status of the conduct of activities au15 thorized by and required under this Act; and 

16 ‘‘(C) establish any regional panels or task 

17 forces in coordination with the regional panels 

18 of the Task Force convened under section 

19 1203.’’. 

20 (c) COORDINATION WITH OTHER PROGRAMS.—Sec21 tion 1202(c) of the Nonindigenous Aquatic Nuisance Pre22 vention and Control Act of 1990 (16 U.S.C. 4722(c)) is 

23 amended by adding at the end the following: 

24 ‘‘(3) RECOMMENDATIONS FOR LISTS.—
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1 ‘‘(A) IN GENERAL.—The Task Force shall 

2 annually recommend to Federal agencies of ju3 risdiction such additions of aquatic invasive 

4 species as the Task Force determines to be ap5 propriate for inclusion on—

6 ‘‘(i) any list of species of wildlife 

7 under the Lacey Act Amendments of 1981 

8 (16 U.S.C. 3371 et seq.) (including regula9 tions under such Act); or 

10 ‘‘(ii) any list of noxious weeds under 

11 the Plant Protection Act (7 U.S.C. 7701 et 

12 seq.) (including regulations promulgated 

13 under that Act contained in part 360 of 

14 title 7, Code of Federal Regulations (or 

15 any successor regulations)). 

16 ‘‘(B) PROCESS.—The Task Force may use 

17 the screening process developed pursuant to 

18 section 1105 to identify species pursuant to 

19 subparagraph (A).’’. 

20 (d) REGIONAL COORDINATION.—Section 1203 of the 

21 Nonindigenous Aquatic Nuisance Prevention and Control 

22 Act of 1990 (16 U.S.C. 4723) is amended by adding at 

23 the end the following: 

24 ‘‘(d) ANNUAL INTERREGIONAL MEETING.—The Task 

25 Force shall annually convene all regional panels estab-
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1 lished pursuant to this Act for the purpose of information 

2 transfer between and among panels, and between the pan3 els and the Task Force, regarding aquatic invasive species 

4 management. 

5 ‘‘(e) ORGANIZATIONS.—An interstate organization 

6 that has a Federal charter authorized by law, interstate 

7 agreement, or Executive order for purposes of fisheries or 

8 natural resource management may receive funds under 

9 this Act to implement activities authorized under this 

10 Act.’’. 

11 (e) STATE AQUATIC INVASIVE SPECIES MANAGE12 MENT PLANS.—Section 1204(a) of the Nonindigenous 

13 Aquatic Nuisance Prevention and Control Act of 1990 (16 

14 U.S.C. 4724(a)) is amended—

15 (1) in paragraph (2)(A) by inserting before the 

16 semicolon at the end the following: ‘‘, including, in 

17 accordance with guidelines issued by the Task Force 

18 under paragraph (5)’’—

19 (A) rapid response contingency strategies 

20 under section 1211; 

21 (B) early detection strategies under section 

22 1211(a)(2)(D); 

23 (C) aquatic plant control programs pursu24 ant to other law; and 
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1 (D) screening of planned introductions 

2 pursuant to section 1105; 

3 (2) in paragraph (2)(D) by inserting ‘‘include’’ 

4 after ‘‘(D)’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(5) GUIDELINES.—

7 ‘‘(A) IN GENERAL.—Not later than 1 year 

8 after the date of enactment of the National 

9 Aquatic Invasive Species Act of 2005, the Task 

10 Force shall publish in the Federal Register 

11 guidelines for the development of plans under 

12 this subsection, including guidelines for report13 ing progress in implementing the plans, to en14 courage consistency in implementation of and 

15 reporting under those plans. 

16 ‘‘(B) GUIDELINES.—The guidelines pub17 lished under subparagraph (A) shall include, for 

18 the purpose of paragraph (2)(A), guidelines 

19 concerning—

20 ‘‘(i) rapid response contingency strate21 gies under section 1211; 

22 ‘‘(ii) early detection and monitoring 

23 strategies under section 1211(a)(2)(D); 

24 ‘‘(iii) aquatic plant control programs; 
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1 ‘‘(iv) screening of planned introduc2 tions pursuant to and consistent with sec3 tion 1105; and 

4 ‘‘(v) the review and revision of re5 quirements of this subsection and the re6 approval process under this subsection. 

7 ‘‘(6) RELATIONSHIPTO OTHER PLANS.—

8 ‘‘(A) IN GENERAL.—A plan approved 

9 under paragraph (4) shall be deemed to meet 

10 any State planning requirement of the program 

11 established under section 104 of the River and 

12 Harbor Act of 1958 (33 U.S.C. 610) for a plan 

13 to control noxious aquatic plant growths. 

14 ‘‘(B) ENFORCEMENT.—Funds provided to 

15 States for implementation of plans pursuant to 

16 section 1204 may be used by States to enforce 

17 requirements relating to aquatic invasive species 

18 under the Plant Protection Act (7 U.S.C. 7701 

19 et seq.) (including regulations promulgated 

20 under that Act contained in part 360 of title 7, 

21 Code of Federal Regulations (or any successor 

22 regulations)). 

23 ‘‘(7) REVIEW AND REVISION.—

24 ‘‘(A) IN GENERAL.—Each State shall peri25 odically review and, as necessary and subject to 
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1 subparagraph (B), revise the management plan 

2 of the State in accordance with guidelines of 

3 the Task Force under paragraph (5). 

4 ‘‘(B) UPDATE OF EXISTING PLANS.—A 

5 State plan approved under the section before 

6 the date of the enactment of the National 

7 Aquatic Species Act of 2005 shall be revised by 

8 the State under guidelines issued by the Direc9 tor to conform to the guidelines published 

10 under paragraph (5), but shall be treated as a 

11 plan approved under this subsection for pur12 poses of grants under this section. 

13 ‘‘(8) OTHER STATE MANAGEMENT PLANS.—In 

14 addition to the management plans required under 

15 this subsection, the Director shall encourage each 

16 State to develop and implement new, and expand ex17 isting, State management plans to improve State ac18 tions to prevent and control aquatic invasive spe19 cies.’’. 

20 (f) GRANT PROGRAM.—Section 1204(b)(1) of the 

21 Nonindigenous Aquatic Nuisance Prevention and Control 

22 Act of 1990 (16 U.S.C. 4724(b)(1)) is amended by strik23 ing ‘‘subsection (a) for the implementation of those 

24 plans.’’ and inserting the following: 

25 ‘‘subsection (a)—
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1 ‘‘(A) to develop those plans with a total 

2 amount that does not exceed 10 percent of the 

3 amounts made available for grants under this 

4 section for each fiscal year; and 

5 ‘‘(B) to implement those plans.’’. 

6 SEC. 402. INTERNATIONAL COORDINATION. 

7 Subtitle E of the Nonindigenous Aquatic Nuisance 

8 Prevention and Control Act of 1990 (16 U.S.C. 4751 et 

9 seq.) is amended—

10 (1) by striking the subtitle heading and insert11 ing the following: 

12 ‘‘Subtitle E—Administration’’; 

13 (2) by adding at the end the following: 

14 ‘‘SEC. 1402. INTERNATIONAL COORDINATION. 

15 ‘‘(a) IN GENERAL.—The Task Force, the Invasive 

16 Species Council, and the Secretary of State shall, to the 

17 maximum extent practicable, coordinate activities to en18 sure that international efforts to prevent and manage 

19 aquatic invasive species (including through the Inter20 national Maritime Organization, the International Con21 vention on the Exploration of the Sea, the Global Invasive 

22 Species Program, and other appropriate programs) are co23 ordinated with policies of the United States established by 

24 this Act. 
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1 ‘‘(b) COORDINATION WITH NEIGHBORING COUN2 TRIES.—

3 ‘‘(1) IN GENERAL.—The Task Force, in con4 sultation with the Secretary of State, shall include in 

5 the report required by section 1202(m) a description 

6 of the means by which international agreements and 

7 regulations with countries that share a border with 

8 the United States will be implemented and enforced 

9 by Federal agencies (including a clarification of the 

10 roles and responsibilities of those agencies). 

11 ‘‘(2) NEGOTIATIONS.—As soon as practicable 

12 after the date of enactment of the National Aquatic 

13 Invasive Species Act of 2005, the Secretary of State 

14 may enter into negotiations with—

15 ‘‘(A) Canada to issue a request that the 

16 International Joint Commission, by not later 

17 than 18 months after the date of enactment of 

18 that Act, review, research, conduct hearings on, 

19 and submit to the parties represented on the 

20 International Joint Commission a report that 

21 describes the success of current policies of gov22 ernments in the United States and Canada hav23 ing jurisdiction over the Great Lakes in antici24 pating and preventing biological invasions of 
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1 the aquatic ecosystem in the Great Lakes, in2 cluding—

3 ‘‘(i) an analysis of current Federal, 

4 State or Provincial, local, and international 

5 laws, enforcement practices, and agree6 ments; 

7 ‘‘(ii) an analysis of prevention efforts 

8 related to all likely pathways for biological 

9 invasions of the aquatic ecosystem in the 

10 Great Lakes; and 

11 ‘‘(iii) recommendations of the Inter12 national Joint Commission for means by 

13 which to improve and harmonize the poli14 cies and enforcement practices referred to 

15 in clause (i); and 

16 ‘‘(B) Mexico, to ensure coordination of ef17 forts of the United States with efforts of Mex18 ico to manage invasive species established in the 

19 United States-Mexico border region.’’. 

20 TITLE V—AUTHORIZATION OF 

21 APPROPRIATIONS 

22 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

23 Section 1301 of the Nonindigenous Aquatic Nuisance 

24 Prevention and Control Act of 1990 (16 U.S.C. 4741) is 

25 amended to read as follows: 
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1 ‘‘SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

3 this section, there are authorized to be appropriated such 

4 sums as are necessary to carry out this Act for each of 

5 fiscal years 2006 through 2010. 

6 ‘‘(b) TASK FORCE AND AQUATIC NUISANCE SPECIES

7 PROGRAM.—There are authorized to be appropriated for 

8 each of fiscal years 2006 through 2010—

9 ‘‘(1) $8,000,000, to carry out activities of the 

10 Task Force under section 1202, of which—

11 ‘‘(A) $4,000,000 shall be used by the Di12 rector; 

13 ‘‘(B) $3,000,000 shall be used by the Na14 tional Oceanic and Atmospheric Administration; 

15 and 

16 ‘‘(C) $1,000,000 shall be used by the 

17 Invasive Species Council; 

18 ‘‘(2) $30,000,000, to provide grants under sec19 tion 1204(b); 

20 ‘‘(3) $3,000,000, to provide assistance to the 

21 regional panels of the Task Force; and 

22 ‘‘(4) $1,000,000, to be used by the Director to 

23 carry out section 1105(g). 

24 ‘‘(c) INTERNATIONAL COORDINATION.—There is au25 thorized to be appropriated to the Department of State 
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1 to carry out section 1403 $1,000,000 for each of fiscal 

2 years 2006 through 2010. 

3 ‘‘(d) PREVENTION OF INTRODUCTION BY VESSELS

4 OF AQUATIC INVASIVE SPECIES INTO WATERS OF THE

5 UNITED STATES.—There are authorized to be appro6 priated for each of fiscal years 2006 through 2010—

7 ‘‘(1) $6,000,000, to be used by the Secretary to 

8 carry out section 1101; 

9 ‘‘(2) $2,500,000, to be used by the Adminis10 trator to carry out section 1101; and 

11 ‘‘(3) $2,750,000, to be used by the Task Force 

12 to carry out section 1101, of which—

13 ‘‘(A) $1,500,000 shall be used by the Di14 rector; and 

15 ‘‘(B) $1,250,000 shall be used by the Na16 tional Oceanic and Atmospheric Administration. 

17 ‘‘(e) PREVENTION OF THE INTRODUCTION BY NON18 VESSEL PATHWAYS OF AQUATIC INVASIVE SPECIES INTO

19 WATERS OF THE UNITED STATES.—There are authorized 

20 to be appropriated for each of fiscal years 2006 through 

21 2010—

22 ‘‘(1) $5,000,000, to carry out the priority path23 way management program under section 1210, of 

24 which—
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1 ‘‘(A) $2,000,000 shall be used by the Na2 tional Oceanic and Atmospheric Administration; 

3 and 

4 ‘‘(B) $3,000,000 shall be used by the Di5 rector; 

6 ‘‘(2) $1,000,000, to be used by the Invasive 

7 Species Council to establish screening guidelines 

8 under section 1105(b); and 

9 ‘‘(3) $3,500,000, to be used by the Director to 

10 promulgate and implement screening requirements 

11 under section 1105(g). 

12 ‘‘(f) EARLY DETECTION AND MONITORING.—There 

13 is authorized to be appropriated, to carry out early detec14 tion, monitoring, and survey planning and implementation 

15 under section 1106, $2,000,000 for each of fiscal years 

16 2006 and 2007 and $10,000,000 for each of fiscal years 

17 2008 through 2010, of which—

18 ‘‘(1) for each of fiscal years 2006 and 2007—

19 ‘‘(A) $1,000,000 shall be used by the Na20 tional Oceanic and Atmospheric Administration; 

21 and 

22 ‘‘(B) $1,000,000 shall be used by the Di23 rector; and 

24 ‘‘(2) for each of fiscal years 2008 through 

25 2010—
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1 ‘‘(A) $5,000,000 shall be used by the Na2 tional Oceanic and Atmospheric Administration; 

3 and 

4 ‘‘(B) $5,000,000 shall be used by the Di5 rector. 

6 ‘‘(g) CONTAINMENT AND CONTROL.—

7 ‘‘(1) DISPERSAL BARRIERS.—There are author8 ized to be appropriated for each of fiscal years 2006 

9 through 2010—

10 ‘‘(A) $300,000, to be used by the Assistant 

11 Secretary in carrying out operation and mainte12 nance of the Chicago River Canal Dispersal 

13 Barrier under section 1202(j)(1); 

14 ‘‘(B) $1,800,000, to be used by the Assist15 ant Secretary in carrying out the complete con16 struction of the Chicago River Canal Dispersal 

17 Barrier; 

18 ‘‘(C) $8,000,000, to be used by the Assist19 ant Secretary for the construction of a second 

20 long-service life barrier for the Chicago River 

21 Canal; 

22 ‘‘(D) $500,000, to be used by the Assist23 ant Secretary to carry out a feasibility study for 

24 the construction described in subparagraph (C); 

25 and 
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1 ‘‘(E) $2,150,000, to be used by the Direc2 tor to carry out the monitoring program under 

3 section 1202(j)(2). 

4 ‘‘(2) RAPID RESPONSE.—There are authorized 

5 to be appropriated for each of fiscal years 2006 

6 through 2010—

7 ‘‘(A) $25,000,000, to the rapid response 

8 fund of the Secretary of the Interior established 

9 under section 1211; 

10 ‘‘(B) $1,000,000, to be used by the 

11 Invasive Species Council in developing the State 

12 and regional rapid response contingency strat13 egy under section 1211; and 

14 ‘‘(C) $1,500,000, to be used for Federal 

15 rapid response teams under section 1211(e), of 

16 which—

17 ‘‘(i) $500,000 shall be used by the 

18 National Oceanic and Atmospheric Admin19 istration; and 

20 ‘‘(ii) $1,000,000 shall be used by the 

21 Director. 

22 ‘‘(3) ENVIRONMENTAL SOUNDNESS.—There is 

23 authorized to be appropriated for establishment 

24 under section 1202(k) of criteria for the improve25 ment of treatment methods for aquatic invasive spe-
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1 cies $600,000 for each of fiscal years 2006 through 

2 2009. 

3 ‘‘(h) INFORMATION, EDUCATION, AND OUTREACH.—

4 There are authorized to be appropriated for each of fiscal 

5 years 2006 through 2010—

6 ‘‘(1) $500,000, to be used by the Secretary of 

7 the Interior to carry out the information and edu8 cation program under section 1202(h)(2)(D); 

9 ‘‘(2) $750,000, to be used by the Director in 

10 carrying out the 100th meridian program under sec11 tion 1202(h)(2)(C); 

12 ‘‘(3) $2,000,000, to be used to carry out infor13 mational and educational activities of the Task 

14 Force under section 1202(h), of which—

15 ‘‘(A) $1,000,000 shall be used by the Na16 tional Oceanic and Atmospheric Administration; 

17 and 

18 ‘‘(B) $1,000,000 shall be used by the Di19 rector; and 

20 ‘‘(4) $500,000, to be used by the National Oce21 anic and Atmospheric Administration to carry out 

22 section 1202(h)(2)(B)(ii).’’. 
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1 TITLE VI—CONFORMING 

2 AMENDMENTS 

3 SEC. 601. CONFORMING AMENDMENTS. 

4 (a) IN GENERAL.—The Nonindigenous Aquatic Nui5 sance Prevention and Control Act of 1990 is amended—

6 (1) in section 1101 (16 U.S.C. 4711) by strik7 ing the section heading and inserting the following: 

8 ‘‘SEC. 1101. PREVENTION OF INTRODUCTION OF AQUATIC 

9 INVASIVE SPECIES INTO WATERS OF THE 

10 UNITED STATES BY VESSELS.’’; 

11 (2) in section 1102 (16 U.S.C. 4712)—

12 (A) in subsection (a) by striking the sub13 section heading and inserting the following: 

14 ‘‘(a) STUDIES ON INTRODUCTION OF AQUATIC

15 INVASIVE SPECIES BY VESSELS.—’’; and 

16 (B) in subsection (b)—

17 (i) by striking paragraph (1); and 

18 (ii) by redesignating paragraphs (2) 

19 and (3) as paragraphs (1) and (2), respec20 tively; 

21 (3) in subtitle C (16 U.S.C. 4721 et seq.) by 

22 striking the subtitle heading and inserting the fol23 lowing: 
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1 ‘‘Subtitle C—Prevention and Con2 trol of Aquatic Invasive Species 

3 Dispersal’’; 

4 (4) in section 1201(a) (16 U.S.C. 4721(a)) by 

5 striking ‘‘Nuisance Species’’ and inserting ‘‘Invasive 

6 Species’’; 

7 (5) in section 1202 (16 U.S.C. 4722) by strik8 ing the section heading and inserting the following: 

9 ‘‘SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.’’; 

10 (6) in section 1204 (16 U.S.C. 4724) by strik11 ing the section heading and inserting the following: 

12 ‘‘SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGE13 MENT PLANS.’’; 

14 and 

15 (7) by striking ‘‘aquatic nuisance species’’ each 

16 place it appears and inserting ‘‘aquatic invasive spe17 cies’’. 

18 (b) SHORT TITLE.—

19 (1) Section 1001 of the Nonindigenous Aquatic 

20 Nuisance Prevention and Control Act of 1990 (16 

21 U.S.C. 4701) is amended by striking ‘‘Nonindige22 nous Aquatic Nuisance’’ and inserting ‘‘Nonindige23 nous Aquatic Invasive Species’’. 

24 (2) REFERENCES.—Any reference in a law, 

25 map, regulation, document, paper, or other record of 
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1 the United States to the Nonindigenous Aquatic 

2 Nuisance Prevention and Control Act of 1990 shall 

3 be deemed to be a reference to the Nonindigenous 

4 Aquatic Invasive Species Prevention and Control Act 

5 of 1990.

Æ