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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4283 Enrolled Bill (ENR)]

        H.R.4283

                       One Hundred Fourth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six

                                 An Act

 
To provide for ballast water management to prevent the introduction and 
 spread of nonindigenous species into the waters of the United States, 
                         and for other purposes.

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

SECTION 1. SHORT TITLE; REFERENCES.

    (a) In General.--This Act may be cited as the ``National Invasive 
Species Act of 1996''.
    (b) References.--Whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to or repeal of a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4701 et seq.).

SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND 
              CONTROL ACT OF 1990.

    (a) Findings; Definitions.--
        (1) Findings.--Section 1002(a) (16 U.S.C. 4701(a)) is amended--
            (A) by striking paragraphs (2) and (3) and inserting the 
        following new paragraphs:
        ``(2) when environmental conditions are favorable, 
    nonindigenous species become established, may compete with or prey 
    upon native species of plants, fish, and wildlife, may carry 
    diseases or parasites that affect native species, and may disrupt 
    the aquatic environment and economy of affected nearshore areas;
        ``(3) the zebra mussel was unintentionally introduced into the 
    Great Lakes and has infested--
            ``(A) waters south of the Great Lakes, into a good portion 
        of the Mississippi River drainage;
            ``(B) waters west of the Great Lakes, into the Arkansas 
        River in Oklahoma; and
            ``(C) waters east of the Great Lakes, into the Hudson River 
        and Lake Champlain;'';
            (B) in paragraph (4)--
                (i) by inserting ``by the zebra mussel and ruffe, round 
            goby, and other nonindigenous species'' after ``other 
            species''; and
                (ii) by striking ``and'' at the end;
            (C) in paragraph (5), by striking the period and inserting 
        a semicolon; and
            (D) by adding at the end the following new paragraphs:
        ``(6) in 1992, the zebra mussel was discovered at the 
    northernmost reaches of the Chesapeake Bay watershed;
        ``(7) the zebra mussel poses an imminent risk of invasion in 
    the main waters of the Chesapeake Bay;
        ``(8) since the Chesapeake Bay is the largest recipient of 
    foreign ballast water on the East Coast, there is a risk of further 
    invasions of other nonindigenous species;
        ``(9) the zebra mussel is only one example of thousands of 
    nonindigenous species that have become established in waters of the 
    United States and may be causing economic and ecological 
    degradation with respect to the natural resources of waters of the 
    United States;
        ``(10) since their introduction in the early 1980's in ballast 
    water discharges, ruffe--
            ``(A) have caused severe declines in populations of other 
        species of fish in Duluth Harbor (in Minnesota and Wisconsin);
            ``(B) have spread to Lake Huron; and
            ``(C) are likely to spread quickly to most other waters in 
        North America if action is not taken promptly to control their 
        spread;
        ``(11) examples of nonindigenous species that, as of the date 
    of enactment of the National Invasive Species Act of 1996, infest 
    coastal waters of the United States and that have the potential for 
    causing adverse economic and ecological effects include--
            ``(A) the mitten crab (Eriocher sinensis) that has become 
        established on the Pacific Coast;
            ``(B) the green crab (Carcinus maenas) that has become 
        established in the coastal waters of the Atlantic Ocean;
            ``(C) the brown mussel (Perna perna) that has become 
        established along the Gulf of Mexico; and
            ``(D) certain shellfish pathogens;
        ``(12) many aquatic nuisance vegetation species, such as 
    Eurasian watermilfoil, hydrilla, water hyacinth, and water 
    chestnut, have been introduced to waters of the United States from 
    other parts of the world causing or having a potential to cause 
    adverse environmental, ecological, and economic effects;
        ``(13) if preventive management measures are not taken 
    nationwide to prevent and control unintentionally introduced 
    nonindigenous aquatic species in a timely manner, further 
    introductions and infestations of species that are as destructive 
    as, or more destructive than, the zebra mussel or the ruffe 
    infestations may occur;
        ``(14) once introduced into waters of the United States, 
    aquatic nuisance species are unintentionally transported and 
    introduced into inland lakes and rivers by recreational boaters, 
    commercial barge traffic, and a variety of other pathways; and
        ``(15) resolving the problems associated with aquatic nuisance 
    species will require the participation and cooperation of the 
    Federal Government and State governments, and investment in the 
    development of prevention technologies.''.
        (2) Definitions.--Section 1003 (16 U.S.C. 4702) is amended--
            (A) by striking paragraph (1) and redesignating paragraphs 
        (2) through (8) as paragraphs (1) through (7), respectively;
            (B) in paragraph (2), as redesignated by subparagraph (A) 
        of this paragraph, by striking ``assistant Secretary'' and 
        inserting ``Assistant Secretary'';
            (C) by redesignating paragraphs (9) through (15) as 
        paragraphs (11) through (17), respectively; and
            (D) by inserting after paragraph (7), as redesignated by 
        subparagraph (A) of this paragraph, the following:
        ``(8) `Great Lakes region' means the 8 States that border on 
    the Great Lakes;
        ``(9) `Indian tribe' means any Indian tribe, band, nation, or 
    other organized group or community, including any Alaska Native 
    village or regional corporation (as defined in or established 
    pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
    et seq.)) that is recognized as eligible for the special programs 
    and services provided by the United States to Indians because of 
    their status as Indians;
        ``(10) `interstate organization' means an entity--
            ``(A) established by--
                ``(i) an interstate compact that is approved by 
            Congress;
                ``(ii) a Federal statute; or
                ``(iii) a treaty or other international agreement with 
            respect to which the United States is a party; and
            ``(B)(i) that represents 2 or more--
                ``(I) States or political subdivisions thereof; or
                ``(II) Indian tribes; or
            ``(ii) that represents--
                ``(I) 1 or more States or political subdivisions 
            thereof; and
                ``(II) 1 or more Indian tribes; or
            ``(iii) that represents the Federal Government and 1 or 
        more foreign governments; and
            ``(C) has jurisdiction over, serves as forum for 
        coordinating, or otherwise has a role or responsibility for the 
        management of, any land or other natural resource;''.
    (b) Aquatic Nuisance Species Control Program.--
        (1) Amendment to heading.--The heading to subtitle B (16 U.S.C. 
    4711 et seq.) is amended to read as follows:

      ``Subtitle B--Prevention of Unintentional Introductions of 
                    Nonindigenous Aquatic Species''.

        (2) Aquatic nuisance species.--Section 1101 (16 U.S.C. 4711) is 
    amended to read as follows:

``SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED STATES.

    ``(a) Great Lakes Guidelines.--
        ``(1) In general.--Not later than 6 months after the date of 
    enactment of this Act, the Secretary shall issue voluntary 
    guidelines to prevent the introduction and spread of aquatic 
    nuisance species into the Great Lakes through the exchange of 
    ballast water of vessels prior to entering those waters.
        ``(2) Content of guidelines.--The guidelines issued under this 
    subsection shall--
            ``(A) ensure to the maximum extent practicable that ballast 
        water containing aquatic nuisance species is not discharged 
        into the Great Lakes;
            ``(B) protect the safety of--
                ``(i) each vessel; and
                ``(ii) the crew and passengers of each vessel;
            ``(C) take into consideration different vessel operating 
        conditions; and
            ``(D) be based on the best scientific information 
        available.
    ``(b) Regulations.--
        ``(1) In general.--Not later than 2 years after the date of 
    enactment of this Act, the Secretary, in consultation with the Task 
    Force, shall issue regulations to prevent the introduction and 
    spread of aquatic nuisance species into the Great Lakes through the 
    ballast water of vessels.
        ``(2) Content of regulations.--The regulations issued under 
    this subsection shall--
            ``(A) apply to all vessels equipped with ballast water 
        tanks that enter a United States port on the Great Lakes after 
        operating on the waters beyond the exclusive economic zone;
            ``(B) require a vessel to--
                ``(i) carry out exchange of ballast water on the waters 
            beyond the exclusive economic zone prior to entry into any 
            port within the Great Lakes;
                ``(ii) carry out an exchange of ballast water in other 
            waters where the exchange does not pose a threat of 
            infestation or spread of aquatic nuisance species in the 
            Great Lakes and other waters of the United States, as 
            recommended by the Task Force under section 1102(a)(1); or
                ``(iii) use environmentally sound alternative ballast 
            water management methods if the Secretary determines that 
            such alternative methods are as effective as ballast water 
            exchange in preventing and controlling infestations of 
            aquatic nuisance species;
            ``(C) not affect or supersede any requirements or 
        prohibitions pertaining to the discharge of ballast water into 
        waters of the United States under the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.);
            ``(D) provide for sampling procedures to monitor compliance 
        with the requirements of the regulations;
            ``(E) prohibit the operation of a vessel in the Great Lakes 
        if the master of the vessel has not certified to the Secretary 
        or the Secretary's designee by not later than the departure of 
        that vessel from the first lock in the St. Lawrence Seaway that 
        the vessel has complied with the requirements of the 
        regulations;
            ``(F) protect the safety of--
                ``(i) each vessel; and
                ``(ii) the crew and passengers of each vessel;
            ``(G) take into consideration different operating 
        conditions; and
            ``(H) be based on the best scientific information 
        available.
        ``(3) Additional regulations.--In addition to promulgating 
    regulations under paragraph (1), the Secretary, in consultation 
    with the Task Force, shall, not later than November 4, 1994, issue 
    regulations to prevent the introduction and spread of aquatic 
    nuisance species into the Great Lakes through ballast water carried 
    on vessels that enter a United States port on the Hudson River 
    north of the George Washington Bridge.
        ``(4) Education and technical assistance programs.--The 
    Secretary may carry out education and technical assistance programs 
    and other measures to promote compliance with the regulations 
    issued under this subsection.
    ``(c) Voluntary National Guidelines.--
        ``(1) In general.--Not later than 1 year after the date of 
    enactment of the National Invasive Species Act of 1996, and after 
    providing notice and an opportunity for public comment, the 
    Secretary shall issue voluntary guidelines to prevent the 
    introduction and spread of nonindigenous species in waters of the 
    United States by ballast water operations and other operations of 
    vessels equipped with ballast water tanks.
        ``(2) Content of guidelines.--The voluntary guidelines issued 
    under this subsection shall--
            ``(A) ensure to the maximum extent practicable that aquatic 
        nuisance species are not discharged into waters of the United 
        States from vessels;
            ``(B) apply to all vessels equipped with ballast water 
        tanks that operate in waters of the United States;
            ``(C) protect the safety of--
                ``(i) each vessel; and
                ``(ii) the crew and passengers of each vessel;
            ``(D) direct a vessel that is carrying ballast water into 
        waters of the United States after operating beyond the 
        exclusive economic zone to--
                ``(i) carry out the exchange of ballast water of the 
            vessel in waters beyond the exclusive economic zone;
                ``(ii) exchange the ballast water of the vessel in 
            other waters where the exchange does not pose a threat of 
            infestation or spread of nonindigenous species in waters of 
            the United States, as recommended by the Task Force under 
            section 1102(a)(1); or
                ``(iii) use environmentally sound alternative ballast 
            water management methods, including modification of the 
            vessel ballast water tanks and intake systems, if the 
            Secretary determines that such alternative methods are at 
            least as effective as ballast water exchange in preventing 
            and controlling infestations of aquatic nuisance species;
            ``(E) direct vessels to carry out management practices that 
        the Secretary determines to be necessary to reduce the 
        probability of unintentional nonindigenous species transfer 
        resulting from--
                ``(i) ship operations other than ballast water 
            discharge; and
                ``(ii) ballasting practices of vessels that enter 
            waters of the United States with no ballast water on board;
            ``(F) provide for the keeping of records that shall be 
        submitted to the Secretary, as prescribed by the guidelines, 
        and that shall be maintained on board each vessel and made 
        available for inspection, upon request of the Secretary and in 
        a manner consistent with subsection (i), in order to enable the 
        Secretary to determine compliance with the guidelines, 
        including--
                ``(i) with respect to each ballast water exchange 
            referred to in clause (ii), reporting on the precise 
            location and thoroughness of the exchange; and
                ``(ii) any other information that the Secretary 
            considers necessary to assess the rate of effective 
            compliance with the guidelines;
            ``(G) provide for sampling procedures to monitor compliance 
        with the guidelines;
            ``(H) take into consideration--
                ``(i) vessel types;
                ``(ii) variations in the characteristics of point of 
            origin and receiving water bodies;
                ``(iii) variations in the ecological conditions of 
            waters and coastal areas of the United States; and
                ``(iv) different operating conditions;
            ``(I) be based on the best scientific information 
        available;
            ``(J) not affect or supersede any requirements or 
        prohibitions pertaining to the discharge of ballast water into 
        waters of the United States under the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.); and
            ``(K) provide an exemption from ballast water exchange 
        requirements to passenger vessels with operating ballast water 
        systems that are equipped with treatment systems designed to 
        kill aquatic organisms in ballast water, unless the Secretary 
        determines that such treatment systems are less effective than 
        ballast water exchange at reducing the risk of transfers of 
        invasive species in the ballast water of passenger vessels; and
            ``(L) not apply to crude oil tankers engaged in the 
        coastwise trade.
        ``(3) Education and technical assistance programs.--Not later 
    than 1 year after the date of enactment of the National Invasive 
    Species Act of 1996, the Secretary shall carry out education and 
    technical assistance programs and other measures to encourage 
    compliance with the guidelines issued under this subsection.
    ``(d) Report to Congress.--Not sooner than 24 months after the date 
of issuance of guidelines pursuant to subsection (c) and not later than 
30 months after such date, and after consultation with interested and 
affected persons, the Secretary shall prepare and submit to Congress a 
report containing the information required pursuant to paragraphs (1) 
and (2) of subsection (e).
    ``(e) Periodic Review and Revision.--
        ``(1) In general.--Not later than 3 years after the date of 
    issuance of guidelines pursuant to subsection (c), and not less 
    frequently than every 3 years thereafter, the Secretary shall, in 
    accordance with criteria developed by the Task Force under 
    paragraph (3)--
            ``(A) assess the compliance by vessels with the voluntary 
        guidelines issued under subsection (c) and the regulations 
        promulgated under this Act;
            ``(B) establish the rate of compliance that is based on the 
        assessment under subparagraph (A);
            ``(C) assess the effectiveness of the voluntary guidelines 
        and regulations referred to in subparagraph (A) in reducing the 
        introduction and spread of aquatic nuisance species by vessels; 
        and
            ``(D) as necessary, on the basis of the best scientific 
        information available--
                ``(i) revise the guidelines and regulations referred to 
            in subparagraph (A);
                ``(ii) promulgate additional regulations pursuant to 
            subsection (f)(1); or
                ``(iii) carry out each of clauses (i) and (ii).
        ``(2) Special review and revision.--Not later than 90 days 
    after the Task Force makes a request to the Secretary for a special 
    review and revision for coastal and inland waterways designated by 
    the Task Force, the Secretary shall--
            ``(A) conduct a special review of guidelines and 
        regulations applicable to those waterways in accordance with 
        the review procedures under paragraph (1); and
            ``(B) as necessary, in the same manner as provided under 
        paragraph (1)(D)--
                ``(i) revise those guidelines;
                ``(ii) promulgate additional regulations pursuant to 
            subsection (f)(1); or
                ``(iii) carry out each of clauses (i) and (ii).
        ``(3) Criteria for effectiveness.--Not later than 18 months 
    after the date of enactment of the National Invasive Species Act of 
    1996, the Task Force shall submit to the Secretary criteria for 
    determining the adequacy and effectiveness of the voluntary 
    guidelines issued under subsection (c).
    ``(f) Authority of Secretary.--
        ``(1) General regulations.--If, on the basis of a periodic 
    review conducted under subsection (e)(1) or a special review 
    conducted under subsection (e)(2), the Secretary determines that--
            ``(A) the rate of effective compliance (as determined by 
        the Secretary) with the guidelines issued pursuant to 
        subsection (c) is inadequate; or
            ``(B) the reporting by vessels pursuant to those guidelines 
        is not adequate for the Secretary to assess the compliance with 
        those guidelines and provide a rate of compliance of vessels, 
        including the assessment of the rate of compliance of vessels 
        under subsection (e)(2),
    the Secretary shall promptly promulgate regulations that meet the 
    requirements of paragraph (2).
        ``(2) Requirements for regulations.--The regulations 
    promulgated by the Secretary under paragraph (1)--
            ``(A) shall--
                ``(i) not be promulgated sooner than 180 days following 
            the issuance of the report to Congress submitted pursuant 
            to subsection (d);
                ``(ii) make mandatory the requirements included in the 
            voluntary guidelines issued under subsection (c); and
                ``(iii) provide for the enforcement of the regula- 
            tions; and
            ``(B) may be regional in scope.
        ``(3) International regulations.--The Secretary shall revise 
    regulations promulgated under this subsection to the extent 
    required to make such regulations consistent with the treatment of 
    a particular matter in any international agreement, agreed to by 
    the United States, governing management of the transfer of 
    nonindigenous aquatic species by vessel.
    ``(g) Sanctions.--
        ``(1) Civil penalties.--Any person who violates a regulation 
    promulgated under subsection (b) or (f) shall be liable for a civil 
    penalty in an amount not to exceed $25,000. Each day of a 
    continuing violation constitutes a separate violation. A vessel 
    operated in violation of the regulations is liable in rem for any 
    civil penalty assessed under this subsection for that violation.
        ``(2) Criminal penalties.--Any person who knowingly violates 
    the regulations promulgated under subsection (b) or (f) is guilty 
    of a class C felony.
        ``(3) Revocation of clearance.--Upon request of the Secretary, 
    the Secretary of the Treasury shall withhold or revoke the 
    clearance of a vessel required by section 4197 of the Revised 
    Statutes (46 U.S.C. App. 91), if the owner or operator of that 
    vessel is in violation of the regulations issued under subsection 
    (b) or (f).
        ``(4) Exception to sanctions.--This subsection does not apply 
    to a failure to exchange ballast water if--
            ``(A) the master of a vessel, acting in good faith, decides 
        that the exchange of ballast water will threaten the safety or 
        stability of the vessel, its crew, or its passengers; and
            ``(B) the recordkeeping and reporting requirements of the 
        Act are complied with.
    ``(h) Coordination With Other Agencies.--In carrying out the 
programs under this section, the Secretary is encouraged to use, to the 
maximum extent practicable, the expertise, facilities, members, or 
personnel of established agencies and organizations that have routine 
contact with vessels, including the Animal and Plant Health Inspection 
Service of the Department of Agriculture, the National Cargo Bureau, 
port administrations, and ship pilots' associations.
    ``(i) Consultation With Canada, Mexico, and Other Foreign 
Governments.--In developing the guidelines issued and regulations 
promulgated under this section, the Secretary is encouraged to consult 
with the Government of Canada, the Government of Mexico, and any other 
government of a foreign country that the Secretary, in consultation 
with the Task Force, determines to be necessary to develop and 
implement an effective international program for preventing the 
unintentional introduction and spread of nonindigenous species.
    ``(j) International Cooperation.--The Secretary, in cooperation 
with the International Maritime Organization of the United Nations and 
the Commission on Environmental Cooperation established pursuant to the 
North American Free Trade Agreement, is encouraged to enter into 
negotiations with the governments of foreign countries to develop and 
implement an effective international program for preventing the 
unintentional introduction and spread of nonindigenous species.
    ``(k) Safety Exemption.--
        ``(1) Master discretion.--The master of a vessel is not 
    required to conduct a ballast water exchange if the master decides 
    that the exchange would threaten the safety or stability of the 
    vessel, its crew, or its passengers because of adverse weather, 
    vessel architectural design, equipment failure, or any other 
    extraordinary conditions.
        ``(2) Other requirements.--(A) In general.--Except as provided 
    in subparagraph (B), a vessel that does not exchange ballast water 
    on the high seas under paragraph (1) shall not be restricted from 
    discharging ballast water in any harbor.
        ``(B) Great lakes.--Subparagraph (A) shall not apply in a case 
    in which a vessel is subject to the regulations issued by the 
    Secretary under subsection (b).
        ``(3) Crude oil tanker ballast facility study.--(A) Within 60 
    days of the date of enactment of this Act, the Secretary of the 
    department in which the Coast Guard is operating, in consultation 
    with the Under Secretary of Commerce for Oceans and Atmosphere, 
    affected shoreside ballast water facility operators, affected crude 
    oil tanker operators, and interested parties, shall initiate a 
    study of the effectiveness of existing shoreside ballast water 
    facilities used by crude oil tankers in the coastwise trade off 
    Alaska in preventing the introduction of nonindigenous aquatic 
    species into the waters off Alaska, as well as the cost and 
    feasibility of modifying such facilities to improve such 
    effectiveness.
        ``(B) The study required under subparagraph (A) shall be 
    submitted to the Congress by no later than October 1, 1997.
    ``(l) Non-Discrimination.--The Secretary shall ensure that vessels 
registered outside of the United States do not receive more favorable 
treatment than vessels registered in the United States when the 
Secretary performs studies, reviews compliance, determines 
effectiveness, establishes requirements, or performs any other 
responsibilities under this Act.''.
    (c) National Ballast Water Management Information.--Section 1102 
(16 U.S.C. 4712) is amended--
        (1) by striking the section heading and inserting the 
    following:

``SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.'';

        (2) in subsection (a)--
            (A) in paragraphs (1) and (2), by inserting ``, in 
        cooperation with the Secretary,'' before ``shall conduct'' each 
        place it appears;
            (B) in paragraph (2), by inserting ``Lake Champlain and 
        other'' after ``economic uses of'';
        (3) by striking subsection (b) and inserting the following:
    ``(b) Ecological and Ballast Water Discharge Surveys.--
        ``(1) Ecological surveys.--
            ``(A) In general.--The Task Force, in cooperation with the 
        Secretary, shall conduct ecological surveys of the Chesapeake 
        Bay, San Francisco Bay, and Honolulu Harbor and, as necessary, 
        of other estuaries of national significance and other waters 
        that the Task Force determines--
                ``(i) to be highly susceptible to invasion by aquatic 
            nuisance species resulting from ballast water operations 
            and other operations of vessels; and
                ``(ii) to require further study.
            ``(B) Requirements for surveys.--In conducting the surveys 
        under this paragraph, the Task Force shall, with respect to 
        each such survey--
                ``(i) examine the attributes and patterns of invasions 
            of aquatic nuisance species; and
                ``(ii) provide an estimate of the effectiveness of 
            ballast water management and other vessel management 
            guidelines issued and regulations promulgated under this 
            subtitle in abating invasions of aquatic nuisance species 
            in the waters that are the subject of the survey.
        ``(2) Ballast water discharge surveys.--
            ``(A) In general.--The Secretary, in cooperation with the 
        Task Force, shall conduct surveys of ballast water discharge 
        rates and practices in the waters referred to in paragraph 
        (1)(A) on the basis of the criteria under clauses (i) and (ii) 
        of such paragraph.
            ``(B) Requirements for surveys.--In conducting the surveys 
        under this paragraph, the Secretary shall--
                ``(i) examine the rate of, and trends in, ballast water 
            discharge in the waters that are the subject of the survey; 
            and
                ``(ii) assess the effectiveness of voluntary guidelines 
            issued, and regulations promulgated, under this subtitle in 
            altering ballast water discharge practices to reduce the 
            probability of accidental introductions of aquatic nuisance 
            species.
        ``(3) Columbia river.--The Secretary, in cooperation with the 
    Task Force and academic institutions in each of the States 
    affected, shall conduct an ecological and ballast water discharge 
    survey of the Columbia River system consistent with the 
    requirements of paragraphs (1) and (2).''; and
        (4) by adding at the end the following new subsections:
    ``(e) Regional Research Grants.--Out of amounts appropriated to 
carry out this subsection for a fiscal year, the Under Secretary may--
        ``(1) make available not to exceed $750,000 to fund research on 
    aquatic nuisance species prevention and control in the Chesapeake 
    Bay through grants, to be competitively awarded and subject to peer 
    review, to universities and research institutions;
        ``(2) make available not to exceed $500,000 to fund research on 
    aquatic nuisance species prevention and control in the Gulf of 
    Mexico through grants, to be competitively awarded and subject to 
    peer review, to universities and research institutions;
        ``(3) make available not to exceed $500,000 to fund research on 
    aquatic nuisance species prevention and control for the Pacific 
    Coast through grants, to be competitively awarded and subject to 
    peer review, to universities and research institutions;
        ``(4) make available not to exceed $500,000 to fund research on 
    aquatic nuisance species prevention and control for the Atlantic 
    Coast through grants, to be competitively awarded and subject to 
    peer review, to universities and research institutions; and
        ``(5) make available not to exceed $750,000 to fund research on 
    aquatic nuisance species prevention and control in the San 
    Francisco Bay-Delta Estuary through grants, to be competitively 
    awarded and subject to peer review, to universities and research 
    institutions.
    ``(f) National Ballast Information Clearinghouse.--
        ``(1) In general.--The Secretary shall develop and maintain, in 
    consultation and cooperation with the Task Force and the 
    Smithsonian Institution (acting through the Smithsonian 
    Environmental Research Center), a clearinghouse of national data 
    concerning--
            ``(A) ballasting practices;
            ``(B) compliance with the guidelines issued pursuant to 
        section 1101(c); and
            ``(C) any other information obtained by the Task Force 
        under subsection (b).
        ``(2) Report.--In consultation and cooperation with the Task 
    Force and the Smithsonian Institution (acting through the 
    Smithsonian Environmental Research Center), the Secretary shall 
    prepare and submit to the Task Force and the Congress, on a 
    biannual basis, a report that synthesizes and analyzes the data 
    referred to in paragraph (1) relating to--
            ``(A) ballast water delivery and management; and
            ``(B) invasions of aquatic nuisance species resulting from 
        ballast water.''.
    (d) Armed Services Ballast Water Program; Ballast Water Management 
Demonstration Program.--Subtitle B (16 U.S.C. 4701 et seq.) is amended 
by adding at the end the following new sections:

``SEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS.

    ``(a) Department of Defense Vessels.--Subject to operational 
conditions, the Secretary of Defense, in consultation with the 
Secretary, the Task Force, and the International Maritime Organization, 
shall implement a ballast water management program for seagoing vessels 
of the Department of Defense to minimize the risk of introduction of 
nonindigenous species from releases of ballast water.
    ``(b) Coast Guard Vessels.--Subject to operational conditions, the 
Secretary, in consultation with the Task Force and the International 
Maritime Organization, shall implement a ballast water management 
program for seagoing vessels of the Coast Guard to minimize the risk of 
introduction of nonindigenous species from releases of ballast water.

``SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRATION PROGRAM.

    ``(a) Technologies and Practices Defined.--For purposes of this 
section, the term `technologies and practices' means those technologies 
and practices that--
        ``(1) may be retrofitted--
            ``(A) on existing vessels or incorporated in new vessel 
        designs; and
            ``(B) on existing land-based ballast water treatment 
        facilities;
        ``(2) may be designed into new water treatment facilities;
        ``(3) are operationally practical;
        ``(4) are safe for a vessel and crew;
        ``(5) are environmentally sound;
        ``(6) are cost-effective;
        ``(7) a vessel operator is capable of monitoring; and
        ``(8) are effective against a broad range of aquatic nuisance 
    species.
    ``(b) Demonstration Program.--
        ``(1) In general.--During the 18-month period beginning on the 
    date that funds are made available by appropriations pursuant to 
    section 1301(e), the Secretary of the Interior and the Secretary of 
    Commerce, with the concurrence of and in cooperation with the 
    Secretary, shall conduct a ballast water management demonstration 
    program to demonstrate technologies and practices to prevent 
    aquatic nonindigenous species from being introduced into and spread 
    through ballast water in the Great Lakes and other waters of the 
    United States.
        ``(2) Location.--The installation and construction of the 
    technologies and practices used in the demonstration program 
    conducted under this subsection shall be performed in the United 
    States.
        ``(3) Vessel selection.--In demonstrating technologies and 
    practices on vessels under this subsection, the Secretary of the 
    Interior and the Secretary of Commerce, shall--
            ``(A) use only vessels that--
                ``(i) are approved by the Secretary;
                ``(ii) have ballast water systems conducive to testing 
            aboard-vessel or land-based technologies and practices 
            applicable to a significant number of merchant vessels; and
                ``(iii) are--

                    ``(I) publicly or privately owned; and
                    ``(II) in active use for trade or other cargo 
                shipment purposes during the demonstration;

            ``(B) select vessels for participation in the program by 
        giving priority consideration--
                ``(i) first, to vessels documented under chapter 121 of 
            title 46, United States Code;
                ``(ii) second, to vessels that are a majority owned by 
            citizens of the United States, as determined by the 
            Secretary; and
                ``(iii) third, to any other vessels that regularly call 
            on ports in the United States; and
            ``(C) seek to use a variety of vessel types, including 
        vessels that--
                ``(i) call on ports in the United States and on the 
            Great Lakes; and
                ``(ii) are operated along major coasts of the United 
            States and inland waterways, including the San Francisco 
            Bay and Chesapeake Bay.
        ``(4) Selection of technologies and practices.--In selecting 
    technologies and practices for demonstration under this subsection, 
    the Secretary of the Interior and the Secretary of Commerce shall 
    give priority consideration to technologies and practices 
    identified as promising by the National Research Council Marine 
    Board of the National Academy of Sciences in its report on ships' 
    ballast water operations issued in July 1996.
        ``(5) Report.--Not later than 3 years after the date of 
    enactment of the National Invasive Species Act of 1996, the 
    Secretary of the Interior and the Secretary of Commerce shall 
    prepare and submit a report to the Congress on the demonstration 
    program conducted pursuant to this section. The report shall 
    include findings and recommendations of the Secretary of the 
    Interior and the Secretary of Commerce concerning technologies and 
    practices.
    ``(c) Authorities; Consultation and Cooperation With International 
Maritime Organization and Task Force.--
        ``(1) Authorities.--In conducting the demonstration program 
    under subsection (b), the Secretary of the Interior may--
            ``(A) enter into cooperative agreements with appropriate 
        officials of other agencies of the Federal Government, agencies 
        of States and political subdivisions thereof, and private 
        entities;
            ``(B) accept funds, facilities, equipment, or personnel 
        from other Federal agencies; and
            ``(C) accept donations of property and services.
        ``(2) Consultation and cooperation.--The Secretary of the 
    Interior shall consult and cooperate with the International 
    Maritime Organization and the Task Force in carrying out this 
    section.''.
    (e) Amendments to Subtitle C.--
        (1) Subtitle heading.--The heading to subtitle C (16 U.S.C. 
    4721 et seq.) is amended to read as follows:

   ``Subtitle C--Prevention and Control of Aquatic Nuisance Species 
                              Dispersal''.

        (2) Task force.--Section 1201 (16 U.S.C. 4721) is amended--
            (A) in subsection (b)--
                (i) by striking ``and'' at the end of paragraph (5);
                (ii) by redesignating paragraph (6) as paragraph (7); 
            and
                (iii) by inserting after paragraph (5) the following 
            new paragraph:
        ``(6) the Secretary of Agriculture; and''; and
            (B) in subsection (c), by inserting ``the Chesapeake Bay 
        Program, the San Francisco Bay-Delta Estuary Program,'' before 
        ``and State agencies''.
        (3) Research program.--Section 1202 (16 U.S.C. 4722) is 
    amended--
            (A) in subsection (f)(1)(A), by inserting ``and impacts'' 
        after ``economic risks''; and
            (B) in subsection (i)--
                (i) in paragraph (1)--

                    (I) by striking ``(1) In general.--The Task Force'' 
                and inserting the following:

        ``(1) Zebra mussel.--
            ``(A) In general.--The Task Force'';

                    (II) by striking ``(A) research'' and inserting the 
                following:

                ``(i) research'';

                    (III) by striking ``(B) tracking'' and inserting 
                the following:

                ``(ii) tracking'';

                    (IV) by striking ``(C) development'' and inserting 
                the following:

                ``(iii) development''; and

                    (V) by striking ``(D) provision'' and inserting the 
                following:

                ``(iv) provision'';
                (ii) in paragraph (2), by striking ``(2) Public 
            facility research and development.--'' and inserting the 
            following:
            ``(B) Public facility research and develop- ment.--'';
                (iii) in subparagraph (B) of paragraph (1), as so 
            redesignated, by striking the first sentence and inserting 
            the following: ``The Assistant Secretary, in consultation 
            with the Task Force, shall develop a program of research, 
            technology development, and demonstration for the 
            environmentally sound control of zebra mussels in and 
            around public facilities.'';
                (iv) in paragraph (1), by adding after subparagraph 
            (B), as so redesignated, the following new subparagraph:
            ``(C) Voluntary guidelines.--Not later than 1 year after 
        the date of enactment of this subparagraph, the Task Force 
        shall develop and submit to the Secretary voluntary guidelines 
        for controlling the spread of the zebra mussel and, if 
        appropriate, other aquatic nuisance species through 
        recreational activities, including boating and fishing. Not 
        later than 4 months after the date of such submission, and 
        after providing notice and an opportunity for public comment, 
        the Secretary shall issue voluntary guidelines that are based 
        on the guidelines developed by the Task Force under this 
        subparagraph.''; and
                (v) by adding at the end the following new paragraphs:
        ``(2) Dispersal containment analysis.--
            ``(A) Research.--The Administrator of the Environmental 
        Protection Agency, in cooperation with the National Science 
        Foundation and the Task Force, shall provide research grants on 
        a competitive basis for projects that--
                ``(i) identify environmentally sound methods for 
            controlling the dispersal of aquatic nuisance species, such 
            as the zebra mussel; and
                ``(ii) adhere to research protocols developed pursuant 
            to subsection (f)(2).
            ``(B) Authorization of appropriations.--There are 
        authorized to be appropriated to the Environmental Protection 
        Agency to carry out this paragraph, $500,000.
        ``(3) Dispersal barrier demonstration.--
            ``(A) In general.--The Assistant Secretary, in consultation 
        with the Task Force, shall investigate and identify 
        environmentally sound methods for preventing and reducing the 
        dispersal of aquatic nuisance species between the Great Lakes-
        Saint Lawrence drainage and the Mississippi River drainage 
        through the Chicago River Ship and Sanitary Canal, including 
        any of those methods that could be incorporated into the 
        operation or construction of the lock system of the Chicago 
        River Ship and Sanitary Canal.
            ``(B) Report.--Not later than 18 months after the date of 
        enactment of this paragraph, the Assistant Secretary shall 
        issue a report to the Congress that includes recommendations 
        concerning--
                ``(i) which of the methods that are identified under 
            the study conducted under this paragraph are most promising 
            with respect to preventing and reducing the dispersal of 
            aquatic nuisance species; and
                ``(ii) ways to incorporate those methods into ongoing 
            operations of the United States Army Corps of Engineers 
            that are conducted at the Chicago River Ship and Sanitary 
            Canal.
            ``(C) Authorization of appropriations.--There are 
        authorized to be appropriated to the Department of the Army, to 
        carry out this paragraph, $750,000.
        ``(4) Contributions.--To the extent allowable by law, in 
    carrying out the studies under paragraphs (2) and (3), the 
    Administrator of the Environmental Protection Agency and the 
    Secretary of the Army may enter into an agreement with an 
    interested party under which that party provides in kind or 
    monetary contributions for the study.
        ``(5) Technical assistance.--The Great Lakes Environmental 
    Research Laboratory of the National Oceanic and Atmospheric 
    Administration shall provide technical assistance to appropriate 
    entities to assist in the research conducted pursuant to this 
    subsection.''.
        (4) Implementation.--Section 1202(j)(1) (16 U.S.C. 4722(j)(1)) 
    is amended by striking ``Not later than 18 months after the date of 
    the enactment of this Act, the Director'' and inserting ``The 
    Director, the Secretary,''.
        (5) Regional Coordination.--Section 1203 (16 U.S.C. 4723) is 
    amended--
            (A) by striking the section heading and inserting the 
        following:

``SEC. 1203. REGIONAL COORDINATION.'';

            (B) in subsection (a)--
                (i) by striking ``(a) In General.--Not'' and inserting 
            the following:
    ``(a) Great Lakes Panel.--
        ``(1) In general.--Not'';
                (ii) by striking ``(1) identify'' and inserting the 
            following:
            ``(A) identify'';
                (iii) by striking ``(2) make'' and inserting the 
            following:
            ``(B) make'';
                (iv) by striking ``(3) assist'' and inserting the 
            following:
            ``(C) assist'';
                (v) by striking ``(4) coordinate'' and inserting the 
            following:
            ``(D) coordinate'';
                (vi) by striking ``(5) provide'' and inserting the 
            following:
            ``(E) provide'';
                (vii) by striking ``(6) submit'' and inserting the 
            following:
            ``(F) submit'';
                (viii) in paragraph (1), as so redesignated--

                    (I) in the matter preceding subparagraph (A), by 
                inserting ``region'' before ``representatives''; and
                    (II) in subparagraphs (A) through (F), by striking 
                ``Great Lakes'' each place it appears and inserting 
                ``Great Lakes region'';

            (C) by striking ``(b) Consultation.--The Task Force'' and 
        inserting the following:
        ``(2) Consultation.--The Task Force'';
            (D) by striking ``(c) Canadian Participation.--The panel'' 
        and inserting the following:
        ``(3) Canadian participation.--The panel'';
            (E) in paragraphs (2) and (3) of subsection (a), as so 
        redesignated, by striking ``this section'' and inserting ``this 
        subsection''; and
            (F) by adding at the end the following new subsections:
    ``(b) Western Regional Panel.--Not later than 30 days after the 
date of enactment of the National Invasive Species Act of 1996, the 
Task Force shall request a Western regional panel, comprised of Western 
region representatives from Federal, State, and local agencies and from 
private environmental and commercial interests, to--
        ``(1) identify priorities for the Western region with respect 
    to aquatic nuisance species;
        ``(2) make recommendations to the Task Force regarding an 
    education, monitoring (including inspection), prevention, and 
    control program to prevent the spread of the zebra mussel west of 
    the 100th Meridian pursuant to section 1202(i) of this Act;
        ``(3) coordinate, where possible, other aquatic nuisance 
    species program activities in the Western region that are not 
    conducted pursuant to this Act;
        ``(4) develop an emergency response strategy for Federal, 
    State, and local entities for stemming new invasions of aquatic 
    nuisance species in the region;
        ``(5) provide advice to public and private individuals and 
    entities concerning methods of preventing and controlling aquatic 
    nuisance species infestations; and
        ``(6) submit annually a report to the Task Force describing 
    activities within the Western region related to aquatic nuisance 
    species prevention, research, and control.
    ``(c) Additional Regional Panels.--The Task Force shall--
        ``(1) encourage the development and use of regional panels and 
    other similar entities in regions in addition to the Great Lakes 
    and Western regions (including providing financial assistance for 
    the development and use of such entities) to carry out, with 
    respect to those regions, activities that are similar to the 
    activities described in subsections (a) and (b); and
        ``(2) cooperate with regional panels and similar entities that 
    carry out the activities described in paragraph (1).''.
        (6) State or interstate watershed aquatic nuisance species 
    management plan.--Section 1204 (16 U.S.C. 4724) is amended--
            (A) in subsection (a)--
                (i) by striking the subsection designation and heading 
            and inserting the following:
    ``(a) State or Interstate Invasive Species Management Plans.--'';
                (ii) in paragraph (1)--

                    (I) by striking the matter preceding subparagraph 
                (A) and inserting the following:

        ``(1) In general.--After providing notice and opportunity for 
    public comment, the Governor of each State may prepare and submit, 
    or the Governors of the States and the governments of the Indian 
    tribes involved in an interstate organization, may jointly prepare 
    and submit--'';

                    (II) in subparagraph (A), by striking ``technical 
                and financial assistance'' and inserting ``technical, 
                enforcement, or financial assistance (or any 
                combination thereof)''; and
                    (III) in subparagraphs (A) and (B), by inserting 
                ``or within the interstate region involved'' after 
                ``within the State'' each place it appears;

                (iii) in paragraph (2)--

                    (I) in subparagraph (B), by striking ``and'' at the 
                end of the subparagraph;
                    (II) by redesignating subparagraph (C) as 
                subparagraph (D);
                    (III) by inserting after subparagraph (B) the 
                following:

            ``(C) identify any authority that the State (or any State 
        or Indian tribe involved in the interstate organization) does 
        not have at the time of the development of the plan that may be 
        necessary for the State (or any State or Indian tribe involved 
        in the interstate organization) to protect public health, 
        property, and the environment from harm by aquatic nuisance 
        species; and''; and

                    (IV) in subparagraph (D), as so redesignated, by 
                inserting ``, and enabling legislation'' before the 
                period;

                (iv) in paragraph (3)--

                    (I) in subparagraph (A)--

                        (aa) by inserting ``or interstate 
                    organization'' after ``the State''; and
                        (bb) by inserting ``Indian tribes,'' after 
                    ``local governments and regional entities,''; and

                    (II) in subparagraph (B), by inserting ``or the 
                appropriate official of an interstate organization'' 
                after ``a State''; and

                (v) in paragraph (4), by inserting ``or the interstate 
            organization'' after ``the Governor'';
            (B) in subsection (b)(1)--
                (i) by striking ``or the Assistant Secretary, as 
            appropriate under subsection (a),''; and
                (ii) by striking ``approved management plans'' and 
            inserting ``management plans approved under subsection 
            (a)''; and
            (C) by adding at the end the following new subsection:
    ``(c) Enforcement Assistance.--Upon request of a State or Indian 
tribe, the Director or the Under Secretary, to the extent allowable by 
law and in a manner consistent with section 141 of title 14, United 
States Code, may provide assistance to a State or Indian tribe in 
enforcing an approved State or interstate invasive species management 
plan.''.
    (f) Authorizations of Appropriations.--Section 1301 (16 U.S.C. 
4741) is amended--
        (1) in subsection (a)--
            (A) by striking ``and'' at the end of paragraph (2);
            (B) by striking paragraph (3) and inserting the following:
        ``(3) to the Secretary to carry out section 1101--
            ``(A) $2,000,000 for each of fiscal years 1997 and 1998; 
        and
            ``(B) $3,000,000 for each of fiscal years 1999 through 
        2002;''; and
            (C) by adding at the end the following new paragraphs:
        ``(4) for each of fiscal years 1997 through 2002, to carry out 
    paragraphs (1) and (2) of section 1102(b)--
            ``(A) $1,000,000 to the Department of the Interior, to be 
        used by the Director; and
            ``(B) $1,000,000 to the Secretary; and
        ``(5) for each of fiscal years 1997 through 2002--
            ``(A) $3,000,000, which shall be made available from funds 
        otherwise authorized to be appropriated if such funds are so 
        authorized, to the Under Secretary to carry out section 
        1102(e); and
            ``(B) $500,000 to the Secretary to carry out section 
        1102(f).'';
        (2) in subsection (b)--
            (A) in the matter preceding paragraph (1), by striking 
        ``1991, 1992, 1993, 1994, and 1995'' and inserting ``1997 
        through 2002''; and
            (B) by striking paragraphs (1) through (7) and inserting 
        the following:
        ``(1) $6,000,000 to the Department of the Interior, to be used 
    by the Director to carry out sections 1202 and 1209;
        ``(2) $1,000,000 to the Department of Commerce, to be used by 
    the Under Secretary to carry out section 1202;
        ``(3) $1,625,000, which shall be made available from funds 
    otherwise authorized to be appropriated if such funds are so 
    authorized, to fund aquatic nuisance species prevention and control 
    research under section 1202(i) at the Great Lakes Environmental 
    Research Laboratory of the National Oceanic and Atmospheric 
    Administration, of which $500,000 shall be made available for 
    grants, to be competitively awarded and subject to peer review, for 
    research relating to Lake Champlain;
        ``(4) $5,000,000 for competitive grants for university research 
    on aquatic nuisance species under section 1202(f)(3) as follows:
            ``(A) $2,800,000, which shall be made available from funds 
        otherwise authorized to be appropriated if such funds are so 
        authorized, to fund grants under section 205 of the National 
        Sea Grant College Program Act (33 U.S.C. 1124);
            ``(B) $1,200,000 to fund grants to colleges for the benefit 
        of agriculture and the mechanic arts referred to in the first 
        section of the Act of August 30, 1890 (26 Stat. 417, chapter 
        841; 7 U.S.C. 322); and
            ``(C) $1,000,000 to fund grants through the Cooperative 
        Fisheries and Wildlife Research Unit Program of the United 
        States Fish and Wildlife Service;
        ``(5) $3,000,000 to the Department of the Army, to be used by 
    the Assistant Secretary to carry out section 1202(i)(1)(B); and
        ``(6) $300,000 to the Department of the Interior, to be used by 
    the Director to fund regional panels and similar entities under 
    section 1203, of which $100,000 shall be used to fund activities of 
    the Great Lakes Commission.'';
        (3) by striking subsection (c) and inserting the following:
    ``(c) Grants for State Management Programs.--There are authorized 
to be appropriated for each of fiscal years 1997 through 2002 
$4,000,000 to the Department of the Interior, to be used by the 
Director for making grants under section 1204, of which $1,500,000 
shall be used by the Director, in consultation with the Assistant 
Secretary, for management of aquatic nuisance vegetation species.''; 
and
        (4) by adding at the end the following new subsections:
    ``(e) Ballast Water Management Demonstration Program.--There are 
authorized to be appropriated $2,500,000 to carry out section 1104.
    ``(f) Research.--There are authorized to be appropriated to the 
Director $1,000,000 to carry out research on the prevention, 
monitoring, and control of aquatic nuisance species in Narragansett 
Bay, Rhode Island. The funds shall be made available for use by the 
Department of Environmental Management of the State of Rhode Island.''.
    (g) References to Appropriate Committees.--The Act (16 U.S.C. 4701 
et seq.) is amended by striking ``appropriate Committees'' each place 
it appears and inserting ``Congress''.
    (h) Technical Corrections.--Public Law 101-646 (16 U.S.C. 4701 et 
seq.) is amended--
        (1) in titles I, II, and IV, by striking the quotation marks at 
    the beginning of any title, subtitle, section, subsection, 
    paragraph, subparagraph, clause, subclause, or undesignated 
    provision;
        (2) at the end of titles II and IV, by striking the closing 
    quotation marks and the final period; and
        (3) in section 1003--
            (A) by striking each single opening quotation mark and 
        inserting double opening quotation marks; and
            (B) by striking each single closing quotation mark and 
        inserting double closing quotations marks.

SEC. 3. STATUTORY CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act is intended 
to affect the authorities and responsibilities of the Great Lakes 
Fishery Commission established under article II of the Convention on 
Great Lakes Fisheries between the United States of America and Canada, 
signed at Washington on September 10, 1954 (hereafter in this section 
referred to as the ``Convention''), including the authorities and 
responsibilities of the Great Lakes Fishery Commission--
        (1) for developing and implementing a comprehensive program for 
    eradicating or minimizing populations of sea lamprey in the Great 
    Lakes watershed; and
        (2) carrying out the duties of the Commission specified in the 
    Convention (including any amendment thereto) and the Great Lakes 
    Fishery Act of 1956 (16 U.S.C. 931 et seq.).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```