II 

109TH CONGRESS 

1ST SESSION S. 770 

To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act 

of 1990 to reauthorize and improve that Act. 

IN THE SENATE OF THE UNITED STATES 

APRIL 13, 2005 

Mr. LEVIN (for himself, Ms. COLLINS, Mr. JEFFORDS, Ms. STABENOW, Mr. 

DEWINE, Mr. BAYH, Mr. DAYTON, Mr. LEAHY, Mr. KENNEDY, Mr. 

REED, Mr. LAUTENBERG, Mr. WARNER, and Mr. AKAKA) introduced the 

following bill; which was read twice and referred to the Committee on Environment and Public Works 

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. 

Sec. 2 Findings. 
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Sec. 3 Definitions. 

TITLE I—PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE 

SPECIES INTO WATERS OF THE UNITED STATES BY VESSELS 

Sec. 101 Prevention of introduction of aquatic invasive species into waters of 

the United States by vessels. 

Sec. 102 Armed services whole vessel management program. 

TITLE II—PREVENTION OF 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—AQUATIC INVASIVE SPECIES RESEARCH 

Sec. 401 Ecological, pathway, and experimental research. 

Sec. 402 Analysis. 

Sec. 403 Vessel pathway standards research. 

Sec. 404 Graduate education in systematics and taxonomy. 

TITLE V—COORDINATION 

Sec. 501 Program coordination. 

Sec. 502 International coordination. 

TITLE VI—AUTHORIZATION OF APPROPRIATIONS 

Sec. 601 Authorization of appropriations. 

TITLE VII—CONFORMING AMENDMENTS 

Sec. 701 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 waters of the United States at an un3 acceptable rate; 

4 (3) aquatic invasive species damage infrastruc5 ture, disrupt commerce, out compete 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) aquatic infestations (such as Hydrilla); 

16 and 

17 (B) riparian infestations (such as Purple 

18 Loosestrife); 

19 (7) prevention of aquatic invasive species is the 

20 most environmentally sound and cost-effective man21 agement approach because once established, aquatic 

22 invasive species are costly, and sometimes impossible 

23 to control; 

24 (8) to be effective, the prevention, early detec25 tion, and control of and rapid response to aquatic 
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1 invasive species should be coordinated regionally, na2 tionally, and internationally; 

3 (9) pathway management is the most promising 

4 approach to reducing unplanned introductions of 

5 aquatic invasive species; 

6 (10) consistent national screening criteria are 

7 needed to evaluate the potential risk of nonindige8 nous aquatic species; 

9 (11) States and regions have— 

10 (A) unique vulnerabilities with respect to 

11 aquatic invasive species; and 

12 (B) unique means for addressing aquatic 

13 invasive species; 

14 (12) to accurately identify and manage high 

15 risk pathways, it is essential to carry out a com16 prehensive research program that— 

17 (A) monitors pathways and ecosystems to 

18 detect the establishment and spread of invasive 

19 species; 

20 (B) develops and demonstrates effective 

21 methods for the management and control of 

22 invasive species; and 

23 (C) monitors the success of efforts to pre24 vent and control invasive species; and 
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1 (13) it is in the interest of the United States 

2 to— 

3 (A) carry out a comprehensive and thor4 ough program to research, prevent, manage, 

5 and control the introduction of aquatic species 

6 that may become invasive; and 

7 (B) to the maximum extent practicable, co8 ordinate the program described in subpara9 graph (A) with neighboring nations and other 

10 programs being carried out globally. 

11 SEC. 3. DEFINITIONS. 

12 Section 1003 of the Nonindigenous Aquatic Nuisance 

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

14 amended to read as follows: 

15 ‘‘SEC. 1003. DEFINITIONS. 

16 ‘‘In this Act: 

17 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis18 trator’ means the Administrator of the Environ19 mental Protection Agency. 

20 ‘‘(2) AQUATIC ECOSYSTEMS.—The term ‘aquat21 ic ecosystems’ means freshwater, marine, and estua22 rine environments (including inland waters and wet23 lands), located wholly in the United States. 
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1 ‘‘(3) ASSISTANT SECRETARY.—The term ‘As2 sistant Secretary’ means the Assistant Secretary of 

3 the Army for Civil Works. 

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

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

6 used to maintain the trim and stability of a vessel. 

7 ‘‘(5) BEST PERFORMING TREATMENT TECH8 NOLOGY.—The term ‘best performing treatment 

9 technology’ means the ballast water treatment tech10 nology that is, as determined by the Secretary— 

11 ‘‘(A) the most biologically effective; 

12 ‘‘(B) the most environmentally sound; and 

13 ‘‘(C) suitable, available, and economically 

14 practicable. 

15 ‘‘(6) COASTAL VOYAGE.—The term ‘coastal voy16 age’ means a voyage conducted entirely within the 

17 exclusive economic zone. 

18 ‘‘(7) DIRECTOR.—The term ‘Director’ means 

19 the Director of the United States Fish and Wildlife 

20 Service. 

21 ‘‘(8) ENVIRONMENTALLY SOUND.—The term 

22 ‘environmentally sound’, refers to an activity that 

23 prevents or reduces introductions, or controls infes24 tations, of aquatic invasive species in a manner that 

25 minimizes adverse effects on— 
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1 ‘‘(A) the structure and function of an eco2 system; and 

3 ‘‘(B) nontarget organisms and ecosystems. 

4 ‘‘(9) EXCLUSIVE ECONOMIC ZONE.—The term 

5 ‘exclusive economic zone’ means the area comprised 

6 of— 

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

8 United States established by Proclamation 

9 Number 5030, dated March 10, 1983; and 

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

11 Mexico. 

12 ‘‘(10) EXISTING VESSEL.—The term ‘existing 

13 vessel’ means any vessel that enters service on or be14 fore December 31, 2007. 

15 ‘‘(11) GREAT LAKES.—The term ‘Great Lakes’ 

16 means— 

17 ‘‘(A) Lake Erie; 

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

19 Clair); 

20 ‘‘(C) Lake Michigan; 

21 ‘‘(D) Lake Ontario; 

22 ‘‘(E) Lake Superior; 

23 ‘‘(F) the connecting channels of those 

24 Lakes, including— 

25 ‘‘(i) the Saint Mary’s River; 
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1 ‘‘(ii) the Saint Clair River; 

2 ‘‘(iii) the Detroit River; 

3 ‘‘(iv) the Niagara River; and 

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

5 Canadian border; and 

6 ‘‘(G) any other body of water located with7 in the drainage basin of a Lake, River, or con8 necting channel described in any of subpara9 graphs (A) through (F). 

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

11 Lakes region’ means the region comprised of the 

12 States of Illinois, Indiana, Michigan, Minnesota, 

13 New York, Ohio, Pennsylvania, and Wisconsin. 

14 ‘‘(13) INDIAN TRIBE.—The term ‘Indian tribe’ 

15 has the meaning given the term in section 4 of the 

16 Indian Self-Determination and Education Assistance 

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

18 ‘‘(14) INTERBASIN WATERWAY.—The term 

19 ‘interbasin waterway’ means a waterway that con20 nects 2 distinct water basins. 

21 ‘‘(15) INTERNATIONAL JOINT COMMISSION.—

22 The term ‘International Joint Commission’ means 

23 the commission established by article VII of the 

24 Treaty relating to boundary waters and questions 

25 arising along the boundary between the United 
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1 States and Canada, signed at Washington on Janu2 ary 11, 1909 (36 Stat. 2448; TS 548). 

3 ‘‘(16) INTRODUCTION.—The term ‘introduction’ 

4 means the transfer of an organism to an ecosystem 

5 outside the historic range of the species of which the 

6 organism is a member. 

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

8 an infestation of an aquatic invasive species. 

9 ‘‘(18) INVASIVE SPECIES.—The term ‘invasive 

10 species’ means a nonindigenous species the introduc11 tion of which into an ecosystem may cause harm to 

12 the economy, environment, human health, recreation, 

13 or public welfare. 

14 ‘‘(19) INVASIVE SPECIES COUNCIL.—The term 

15 ‘Invasive Species Council’ means the interagency 

16 council established by section 3 of Executive Order 

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

18 ‘‘(20) NEW VESSEL.—The term ‘new vessel’ 

19 means any vessel that enters service on or after Jan20 uary 1, 2008. 

21 ‘‘(21) NONINDIGENOUS SPECIES.—The term 

22 ‘nonindigenous species’ means any species in an eco23 system the range of which exceeds the historic range 

24 of the species in that ecosystem. 
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1 ‘‘(22) ORGANISM TRANSFER.—The term ‘orga2 nism transfer’ means the movement of an organism 

3 of any species from 1 ecosystem to another eco4 system outside the historic range of the species. 

5 ‘‘(23) PATHWAY.—The term ‘pathway’ means 1 

6 or more vectors by which an invasive species is 

7 transferred from 1 ecosystem to another. 

8 ‘‘(24) PLANNED IMPORTATION.—The term 

9 ‘planned importation’ means the purposeful move10 ment of 1 or more nonindigenous organisms for use 

11 in the territorial limits of the United States. 

12 ‘‘(25) REGIONAL PANEL.—The term ‘regional 

13 panel’ means a panel convened in accordance with 

14 section 1203. 

15 ‘‘(26) SECRETARY.—The term ‘Secretary’ 

16 means the Secretary of Homeland Security. 

17 ‘‘(27) SPECIES.—The term ‘species’ means any 

18 fundamental category of taxonomic classification, or 

19 any viable biological material, ranking below a genus 

20 or subgenus. 

21 ‘‘(28) SPECIES IN TRADE.—The term ‘species 

22 in trade’ means a species that has a documented his23 tory of being commercially imported into the United 

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

25 and ending on January 1, 2002. 
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1 ‘‘(29) TASK FORCE.—The term ‘Task Force’ 

2 means the Aquatic Nuisance Species Task Force es3 tablished by section 1201(a). 

4 ‘‘(30) TERRITORIAL SEA.—The term ‘territorial 

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

6 baseline of the United States determined in accord7 ance with international law, as set forth in Presi8 dential Proclamation Number 5928, dated December 

9 27, 1988. 

10 ‘‘(31) TREATMENT.—The term ‘treatment’ 

11 means a mechanical, physical, chemical, biological, 

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

13 rendering inviable organisms. 

14 ‘‘(32) TYPE APPROVAL.—The term ‘type ap15 proval’ means an approval procedure under which a 

16 type of system is initially certified as meeting a 

17 standard established by law (including a regulation) 

18 for a particular application if the system is operated 

19 correctly. 

20 ‘‘(33) UNDER SECRETARY.—The term ‘Under 

21 Secretary’ means the Under Secretary of Commerce 

22 for Oceans and Atmosphere. 

23 ‘‘(34) UNDESIRABLE IMPACT.—The term ‘unde24 sirable impact’ means economic, human health, aes25 thetic, or environmental degradation that is not nec-
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1 essary for, and is not clearly outweighed by, public 

2 health, environmental, or welfare benefits. 

3 ‘‘(35) WATERS OF THE UNITED STATES.— 

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

5 the United States’ means the navigable waters 

6 and territorial sea of the United States. 

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

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

9 TITLE I—PREVENTION OF IN10 TRODUCTION OF AQUATIC 

11 INVASIVE SPECIES INTO WA12 TERS OF THE UNITED STATES 

13 BY VESSELS 

14 SEC. 101. PREVENTION OF INTRODUCTION OF AQUATIC 

15 INVASIVE SPECIES INTO WATERS OF THE 

16 UNITED STATES BY VESSELS. 

17 (a) IN GENERAL.—Section 1101 of the Nonindige18 nous Aquatic Nuisance Prevention and Control Act of 

19 1990 (16 U.S.C. 4711) is amended to read as follows: 

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

21 INVASIVE SPECIES INTO WATERS OF THE 

22 UNITED STATES BY VESSELS. 

23 ‘‘(a) REQUIREMENTS FOR VESSELS OPERATING IN

24 WATERS OF THE UNITED STATES.— 

25 ‘‘(1) INVASIVE SPECIES MANAGEMENT PLAN.— 
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1 ‘‘(A) IN GENERAL.—Effective beginning on 

2 the date that is 180 days after the issuance of 

3 guidelines pursuant to subparagraph (D) and 

4 promulgation of any regulations under this sec5 tion, each vessel that is equipped with a ballast 

6 tank, and any towed vessel or structure, oper7 ating in waters of the United States shall have 

8 in effect, and have available for inspection, an 

9 aquatic invasive species management plan that 

10 prescribes safe and effective means by which 

11 the master of the vessel shall minimize intro12 ductions and transfers of invasive species by 

13 any part of the vessel, pursuant to the guide14 lines or regulations applicable to that vessel. 

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

16 shall be specific to the vessel (or group of ves17 sels with characteristics similar to that of the 

18 vessel, as determined by the Secretary). 

19 ‘‘(C) REQUIREMENTS.—The management 

20 plan shall include, at a minimum, such informa21 tion as is requested by the Secretary pursuant 

22 to subparagraph (D), including— 

23 ‘‘(i) operational requirements to safely 

24 and effectively comply with the applicable 
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1 ballast water management requirements 

2 under paragraph (4); 

3 ‘‘(ii) operational requirements to safe4 ly and effectively carry out any actions 

5 consistent with a rapid response contin6 gency strategy required by States and ap7 proved by the Secretary under section 

8 1211; 

9 ‘‘(iii) at the discretion of the Sec10 retary, other operational requirements that 

11 are specified in guidelines adopted by the 

12 International Maritime Organization; 

13 ‘‘(iv) a description of all reporting re14 quirements and a copy of each form nec15 essary to meet those requirements; 

16 ‘‘(v) the position of the officer respon17 sible for implementation of ballast water 

18 management and reporting procedures on 

19 board; 

20 ‘‘(vi) documents relevant to aquatic 

21 invasive species management equipment or 

22 procedures; 

23 ‘‘(vii) a description of the location of 

24 access points for sampling ballast or sedi25 ments pursuant to paragraph (3)(B)(vi); 
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1 ‘‘(viii) a description of requirements 

2 relating to compliance with any approved 

3 rapid response strategy relevant to the voy4 age of the vessel; 

5 ‘‘(ix) a contingency strategy applicable 

6 under section 1211, if appropriate; and 

7 ‘‘(x) such requirements described in 

8 subsection (b) as are applicable to the ves9 sel. 

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

11 months after the date of enactment of the Na12 tional Aquatic Invasive Species Act of 2005, the 

13 Secretary shall issue final guidelines for the de14 velopment of invasive species management 

15 plans, including guidelines that— 

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

17 plans are required; 

18 ‘‘(ii) establish processes for updating 

19 and revising the plans; and 

20 ‘‘(iii) establish criteria for compliance 

21 with this subsection. 

22 ‘‘(2) RECORDS.—The master of a vessel shall— 

23 ‘‘(A) maintain records of all ballast oper24 ations, for such period of time and including 

25 such information as the Secretary may specify; 
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1 ‘‘(B) permit inspection of the records by 

2 representatives of the Secretary and of the 

3 State in which the port is located; and 

4 ‘‘(C) transmit records to the National Bal5 last Information Clearinghouse established 

6 under section 1102(f). 

7 ‘‘(3) BEST MANAGEMENT PRACTICES.— 

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

9 months after the date of enactment of the Na10 tional Aquatic Invasive Species Act of 2005, the 

11 Secretary shall issue guidelines on best manage12 ment practices to eliminate or minimize and 

13 monitor organism transfer by vessels. 

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

15 best management practices shall include— 

16 ‘‘(i) sediment management in trans17 oceanic vessels; 

18 ‘‘(ii) minimization of ballast water up19 take in areas in which there is a greater 

20 risk of harmful organisms entering ballast 

21 tanks (such as areas with toxic algal 

22 blooms or known outbreaks of aquatic 

23 invasive species); 
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1 ‘‘(iii) avoidance of unnecessary dis2 charge of ballast water in a port that was 

3 taken up in another port; 

4 ‘‘(iv) to the maximum extent prac5 ticable, collection and the proper disposal 

6 of debris from the cleaning of the hull; 

7 ‘‘(v) proper use of anti-fouling coat8 ing; and 

9 ‘‘(vi) provision of sample access ports 

10 in ballast piping for sampling of ballast in11 take and discharge. 

12 ‘‘(4) BALLAST WATER MANAGEMENT.— 

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

14 the date that is 180 days after the Secretary 

15 promulgates regulations pursuant to subsection 

16 (d), and except as provided in subparagraph 

17 (B), each vessel equipped with a ballast water 

18 tank that enters a United States port shall 

19 comply with the regulations relating to ballast 

20 water management. 

21 ‘‘(B) EXCEPTIONS.— 

22 ‘‘(i) VESSELS OPERATING ENTIRELY

23 WITHIN EXCLUSIVE ECONOMIC ZONE.—Be24 ginning on December 31, 2011, a vessel 

25 equipped with a ballast tank, and any 
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1 towed vessel or structure, that operates en2 tirely within the exclusive economic zone 

3 shall comply with the regulations described 

4 in subsection (b)(3). 

5 ‘‘(ii) VESSELS OPERATING IN EN6 CLOSED AQUATIC ECOSYSTEMS.— 

7 ‘‘(I) IN GENERAL.—Subject to 

8 subclause (II), an existing vessel 

9 equipped with a ballast tank, and any 

10 towed vessel or structure, that oper11 ates exclusively in the upper 4 Great 

12 Lakes (Lake Superior, Lake Michi13 gan, Lake Huron, and Lake Erie, and 

14 the connecting channels), or in an15 other enclosed aquatic ecosystem shall 

16 not be required to comply with the 

17 regulations described in subsection 

18 (b)(1). 

19 ‘‘(II) ADDITIONAL ENCLOSED

20 AQUATIC ECOSYSTEMS.—The Admin21 istrator and the Under Secretary, in 

22 consultation with regional panels of 

23 the Task Force, may determine addi24 tional enclosed aquatic ecosystems in 

25 which the potential for movement of 
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1 organisms by natural and anthropo2 genic means is not significantly al3 tered by the movement of the vessels 

4 equipped with ballast tanks. 

5 ‘‘(b) INVASIVE SPECIES MANAGEMENT REGULA6 TIONS AND CERTIFICATION PROCEDURES.— 

7 ‘‘(1) REGULATIONS.—Not later than 18 months 

8 after the date of enactment of the National Aquatic 

9 Invasive Species Act of 2005, the Secretary, with the 

10 concurrence of the Administrator and in consultation 

11 with the Task Force, shall promulgate final regula12 tions establishing performance requirements for ves13 sels to reduce or eliminate introduction by the ves14 sels of invasive species to waters of the United 

15 States, including— 

16 ‘‘(A) ballast water management operations 

17 (including relevant contingency procedures in 

18 instances in which a safety exemption is used 

19 pursuant to subsection (j)); and 

20 ‘‘(B) management of other vessel path21 ways, including the hull and sea chest of a ves22 sel. 

23 ‘‘(2) BALLAST WATER EXCHANGE.—The regula24 tions promulgated pursuant to paragraph (1)— 

25 ‘‘(A) shall apply only to existing vessels; 
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1 ‘‘(B) shall expire not later than December 

2 31, 2011; and 

3 ‘‘(C) shall include— 

4 ‘‘(i) a provision for ballast water ex5 change that requires— 

6 ‘‘(I) at least 1 empty-and-refill 

7 cycle, on the high sea or in an alter8 native exchange area designated by 

9 the Secretary, of each ballast tank 

10 that contains ballast water to be dis11 charged into waters of the United 

12 States; or 

13 ‘‘(II) for a case in which the 

14 master of a vessel determines that 

15 compliance with the requirement 

16 under subclause (I) is impracticable, a 

17 sufficient number of flow-through ex18 changes of ballast water, on the high 

19 sea or in an alternative exchange area 

20 designated by the Secretary, to 

21 achieve replacement of at least 95 

22 percent of ballast water in ballast 

23 tanks of the vessel, as determined by 

24 a certification dye study conducted or 

25 model developed in accordance with 
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1 protocols developed under paragraph 

2 (5)(B) and recorded in the manage3 ment plan of a vessel pursuant to sub4 section (a)(1)(C)(i); and 

5 ‘‘(ii) if a ballast water exchange is not 

6 undertaken pursuant to subsection (j), a 

7 contingency procedure that requires the 

8 master of a vessel to use the best prac9 ticable technology or practice to treat bal10 last discharge. 

11 ‘‘(3) BALLAST WATER TREATMENT.— 

12 ‘‘(A) IN GENERAL.—The regulations pro13 mulgated pursuant to paragraph (1) shall— 

14 ‘‘(i) establish a numeric ballast water 

15 discharge standard at a level that ensures 

16 that there is no measurable risk that any 

17 viable organisms of nonindigenous species 

18 entrained in ballast water that meets the 

19 standard will be established in waters of 

20 the United States; and 

21 ‘‘(ii) require that a vessel discharge 

22 ballast water the characteristics of which 

23 are consistent with clause (i), unless no 

24 technology exists to enable a vessel to dis25 charge such ballast water. 
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1 ‘‘(B) BEST PERFORMING TREATMENT.—If 

2 no technology exists to enable a vessel to dis3 charge ballast water in accordance with the dis4 charge standard established under subpara5 graph (A)(i), the regulations promulgated pur6 suant to paragraph (1) shall require the vessel 

7 to discharge ballast water that— 

8 ‘‘(i) has been treated with the best 

9 performing treatment technology; and 

10 ‘‘(ii)(I) for existing vessels, has a con11 centration of viable biological material that 

12 contains 99 percent fewer near-coastal 

13 plankton than the concentration of viable 

14 biological material of the intake water of 

15 the vessel, as estimated under the certifi16 cation process described in paragraph 

17 (5)(C); or 

18 ‘‘(II) for new vessels, has a concentra19 tion of viable biological material that con20 tains 99.9 percent fewer near-coastal 

21 plankton than the concentration of viable 

22 biological material of the intake water of 

23 the vessel, as estimated under the certifi24 cation process described in paragraph 

25 (5)(C). 
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1 ‘‘(4) REVIEW AND REVISION.—The Secretary, 

2 with the concurrence of the Administrator, shall re3 view and revise— 

4 ‘‘(A) not less frequently than every 3 

5 years, any determination relating to best per6 forming treatment technology under paragraph 

7 (3)(B)(i); and 

8 ‘‘(B) not less frequently than every 6 

9 years, the regulations promulgated pursuant to 

10 paragraph (1). 

11 ‘‘(5) CERTIFICATION OF TREATMENTS AND

12 PRACTICES.— 

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

14 date on which regulations are promulgated pur15 suant to paragraphs (2) and (3), the Secretary 

16 shall, with the concurrence of the Adminis17 trator, promulgate regulations for— 

18 ‘‘(i) the certification of treatments or 

19 practices the performances of which com20 ply with the regulations; and 

21 ‘‘(ii) on-going enforcement of the ef22 fective use of the certified treatments or 

23 practices. 

24 ‘‘(B) CERTIFICATION OF BALLAST WATER

25 EXCHANGE PROCEDURES.—The certification of 
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1 ballast water exchange procedures in compli2 ance with the regulations promulgated pursuant 

3 to paragraph (2) shall be based on a qualified 

4 type-approval process, including a protocol in5 volving dye studies or models detailing flow dy6 namics of a vessel or class of vessels described 

7 in paragraph (2)(A)(ii) for demonstrating the 

8 number of flow-through exchanges necessary for 

9 such a vessel to meet the percentage purge re10 quirements associated with the flow-through 

11 technique for ballast water exchange. 

12 ‘‘(C) CERTIFICATION OF ALL OTHER BAL13 LAST WATER DISCHARGE.—The certification of 

14 treatments in compliance with the regulations 

15 promulgated pursuant to paragraph (1)(B) 

16 shall be based on a qualified type-approval 

17 process that— 

18 ‘‘(i) is capable of estimating the ex19 tent to which ballast water discharge treat20 ed by a ballast water treatment system is 

21 likely to comply with applicable standards, 

22 including any restrictions relating to— 

23 ‘‘(I) biological, chemical, or phys24 ical conditions of water taken into bal25 last; and 
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1 ‘‘(II) conditions encountered dur2 ing a voyage; 

3 ‘‘(ii) is capable of determining the ex4 tent to which a ballast water treatment 

5 method— 

6 ‘‘(I) is environmentally sound, 

7 based on criteria promulgated by the 

8 Administrator under paragraph 

9 (8)(A); and 

10 ‘‘(II) is safe for vessel and crew; 

11 ‘‘(iii) may be used in estimating the 

12 expected useful life of the ballast water 

13 treatment system, as determined on the 

14 basis of voyage patterns and normal use 

15 conditions; 

16 ‘‘(iv) includes a ship-boarding testing 

17 component (and may include a shore-based 

18 testing component); 

19 ‘‘(v) provides for appropriate moni20 toring, as determined by the Adminis21 trator; 

22 ‘‘(vi) provides for revocation by the 

23 Administrator of approval pending the re24 sults of the monitoring; and 

25 ‘‘(vii) is cost-effective. 
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1 ‘‘(D) EXPIRATION OF BALLAST WATER EX2 CHANGE OPTION.—On the date of expiration of 

3 the ballast water exchange option under para4 graph (2), the certification process shall apply 

5 to all methods of ballast water management, 

6 treatment, and system design. 

7 ‘‘(E) REVIEW AND REVISION.—Not less 

8 frequently than every 3 years, the Secretary, in 

9 conjunction with the Administrator, shall review 

10 and, if necessary, revise the certification process 

11 pursuant to subsection (e)(1). 

12 ‘‘(F) APPLICATION FOR APPROVAL.— 

13 ‘‘(i) IN GENERAL.—The Secretary and 

14 the Administrator shall approve an appli15 cation for certification of a ballast water 

16 treatment system only if the application is 

17 in such form and contains such informa18 tion as the Secretary and Administrator 

19 may require. 

20 ‘‘(ii) APPROVAL AND DISAPPROVAL.— 

21 ‘‘(I) IN GENERAL.—On receipt of 

22 an application under clause (i)— 

23 ‘‘(aa) the Administrator 

24 shall, not later than 90 days 
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1 after the date of receipt of the 

2 application— 

3 ‘‘(AA) review the appli4 cation for compliance and 

5 consistency with environ6 mental soundness criteria 

7 promulgated under para8 graph (8)(A); and 

9 ‘‘(BB) approve those 

10 ballast water treatment sys11 tems that meet those cri12 teria; and 

13 ‘‘(bb) the Secretary, in con14 sultation with the Task Force, 

15 shall, not later than 180 days 

16 after the date of receipt of the 

17 application— 

18 ‘‘(AA) determine 

19 whether the ballast water 

20 treatment system covered by 

21 the application meets the re22 quirements of this sub23 section, as appropriate; 

24 ‘‘(BB) approve or dis25 approve the application; and 
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1 ‘‘(CC) provide the ap2 plicant written notice of ap3 proval or disapproval. 

4 ‘‘(II) LIMITATIONS.—An applica5 tion approved under subclause (I) 

6 shall— 

7 ‘‘(aa) be qualified with any 

8 limitations relating to voyage 

9 pattern, duration, or any other 

10 characteristic that may affect the 

11 effectiveness or environmental 

12 soundness of the ballast water 

13 treatment system covered by the 

14 application, as determined by the 

15 Secretary in consultation with 

16 the Administrator; 

17 ‘‘(bb) be applicable to a spe18 cific vessel or group of vessels, as 

19 determined by the Secretary; 

20 ‘‘(cc) be valid for the least 

21 of— 

22 ‘‘(AA) the expected use23 ful life of the ballast water 

24 treatment system; 

25 ‘‘(BB) 10 years; or 
29

•S 770 IS

1 ‘‘(CC) such period of 

2 time for which the Secretary 

3 or Administrator (as appro4 priate) determines that 

5 (based on available informa6 tion, including information 

7 developed pursuant to para8 graph (6)(B)(iii)) there ex9 ists a serious deficiency in 

10 performance or environ11 mental soundness of the sys12 tem relative to anticipated 

13 performance or environ14 mental soundness; and 

15 ‘‘(dd) be renewed if— 

16 ‘‘(AA) the Secretary de17 termines that the ballast 

18 water treatment system re19 mains in compliance with 

20 applicable standards as of 

21 the date of application for 

22 renewal; or 

23 ‘‘(BB) the remaining 

24 useful life of the vessel is 

25 less than 10 years. 
30

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1 ‘‘(6) EXPERIMENTAL APPROVAL FOR BALLAST

2 WATER TREATMENT.— 

3 ‘‘(A) IN GENERAL.—The owner or operator 

4 of a vessel may submit to the Secretary an ap5 plication to test or evaluate a promising ballast 

6 water treatment technology that— 

7 ‘‘(i) has the potential to achieve the 

8 standard set forth under subsection 

9 (b)(3)(A); and 

10 ‘‘(ii) is likely to achieve a minimum 

11 performance that is the same as or more 

12 stringent than the best available perform13 ance that applies to a vessel under sub14 section (b)(3)(B). 

15 ‘‘(B) APPROVAL.—The Secretary shall ap16 prove an application under subparagraph (A) 

17 if— 

18 ‘‘(i) the Secretary and the Adminis19 trator, in consultation with the Task Force 

20 (including relevant regional panels, and the 

21 Prevention Committee, of the Task Force), 

22 determine that the treatment technologies 

23 meet the requirements in paragraph 

24 (3)(B)(ii); and 
31

•S 770 IS

1 ‘‘(ii) the Administrator determines, 

2 based on independent and peer-reviewed 

3 information provided to the Secretary by 

4 the owner or operator of the vessel or 

5 other applicable parties, that the treatment 

6 technologies— 

7 ‘‘(I) comply with environmental 

8 requirements (including regulations); 

9 and 

10 ‘‘(II) have the potential to meet 

11 environmental soundness criteria es12 tablished under paragraph (8)(A)(i). 

13 ‘‘(C) WAIVER.—If the Secretary approves 

14 an application under subparagraph (B), the 

15 Secretary and the Administrator may waive the 

16 requirements under subsection (a)(4)(A) with 

17 respect to the vessel that is subject to the appli18 cation approved. 

19 ‘‘(D) LIMITATIONS.— 

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

21 the treatment system approved under this 

22 section may cease prior to the termination 

23 of the approval period described in clause 

24 (ii). 
32

•S 770 IS

1 ‘‘(ii) PERIOD OF APPROVAL.—Ap2 proval granted under subparagraph (B) 

3 shall be for the least of— 

4 ‘‘(I) the expected useful life of 

5 the ballast water treatment system; 

6 ‘‘(II) a period of 10 years; or 

7 ‘‘(III) a period ending on the 

8 date that the Secretary and Adminis9 trator (as appropriate) determines 

10 that there exists a serious deficiency 

11 in performance or human safety or 

12 environmental soundness of the sys13 tem relative to anticipated perform14 ance or environmental soundness. 

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

16 of receiving experimental approval for a 

17 treatment under subparagraph (B), the 

18 owner or operator of a vessel shall agree to 

19 collect and report such information regard20 ing the operational and biological effective21 ness of the treatment through sampling of 

22 the intake and discharge ballast as the 

23 Secretary may request. 
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•S 770 IS

1 ‘‘(iv) RENEWAL.—An experimental 

2 approval may be renewed in accordance 

3 with paragraph (5)(F)(ii). 

4 ‘‘(7) INCENTIVES FOR USE OF TREATMENT SYS5 TEMS.— 

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

7 Secretary of Transportation, and the Adminis8 trator shall assist owners or operators of vessels 

9 that seek to obtain experimental approval for 

10 installation of ballast water treatment systems, 

11 including through providing guidance on— 

12 ‘‘(i) a sampling protocol and test pro13 gram for cost effective treatment evalua14 tion; 

15 ‘‘(ii) sources of sampling equipment 

16 and field biological expertise; and 

17 ‘‘(iii) examples of shipboard evalua18 tion studies. 

19 ‘‘(B) SELECTION OF TECHNOLOGIES AND

20 PRACTICES.—In selecting technologies and 

21 practices for shipboard demonstration under 

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

23 and the Secretary of Commerce shall give pri24 ority consideration to technologies and practices 
34

•S 770 IS

1 that have received or are in the process of re2 ceiving certification under paragraph (5). 

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

4 shall annually summarize, and make available 

5 to interested parties, all available information 

6 on the performance of technologies proposed for 

7 ballast treatment to facilitate the application 

8 process for experimental approval for ballast 

9 water treatment under paragraph (6). 

10 ‘‘(8) ENVIRONMENTAL SOUNDNESS CRITERIA

11 FOR BALLAST TREATMENTS.— 

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

13 shall include in criteria promulgated under sec14 tion 1202(k)(1)(A) specific criteria— 

15 ‘‘(i) to ensure environmental sound16 ness of ballast treatment systems; and 

17 ‘‘(ii) to grant environmental sound18 ness exceptions under subparagraph (B). 

19 ‘‘(B) EXCEPTIONS.— 

20 ‘‘(i) IN GENERAL.—In reviewing appli21 cations under paragraph (5)(F)(ii)(I)(aa) 

22 in an emergency situation to achieve reduc23 tions in significant and acute risk of trans24 fers of invasive species by vessels, the Sec25 retary and the Administrator may jointly 
35

•S 770 IS

1 determine to make an exception to criteria 

2 described in subparagraph (A)(i). 

3 ‘‘(ii) QUALIFICATION OF APPROV4 ALS.—To be eligible for an exception under 

5 clause (i), an approval under paragraph 

6 (5)(F)(ii)(I)(aa) shall be qualified under 

7 paragraph (5)(F)(ii)(II). 

8 ‘‘(c) GREAT LAKES PROGRAM.— 

9 ‘‘(1) REGULATIONS.—Until such time as regu10 lations are promulgated to implement the amend11 ments made by the National Aquatic Invasive Spe12 cies Act of 2005, regulations promulgated to carry 

13 out this Act shall remain in effect until revised or 

14 replaced pursuant to the National Aquatic Invasive 

15 Species Act of 2005. 

16 ‘‘(2) RELATIONSHIPTO OTHER PROGRAMS.—

17 On implementation of a national mandatory ballast 

18 management program that is at least as comprehen19 sive as the Great Lakes program (as determined by 

20 the Secretary, in consultation with the Governors of 

21 Great Lakes States)— 

22 ‘‘(A) the program regulating vessels and 

23 ballast water in Great Lakes under this section 

24 shall terminate; and 
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•S 770 IS

1 ‘‘(B) the national program shall apply to 

2 such vessels and ballast water. 

3 ‘‘(3) REVIEW AND REVISION.— 

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

5 date that is 18 months after the date of enact6 ment of the National Aquatic Invasive Species 

7 Act of 2005, the Secretary shall— 

8 ‘‘(i) review and revise regulations pro9 mulgated under this section to ensure the 

10 regulations provide the maximum prac11 ticable protection of the Great Lakes eco12 system from introduction by vessels (in13 cluding vessels in the unballasted condi14 tion) of aquatic invasive species; and 

15 ‘‘(ii) promulgate the revised regula16 tions. 

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

18 shall include, at a minimum, requirements 

19 under subsections (a) and (b) (as amended by 

20 that Act). 

21 ‘‘(d) AUTHORITY OF THE SECRETARY.— 

22 ‘‘(1) IN GENERAL.—In carrying out this sec23 tion, the Secretary shall, with the concurrence of the 

24 Administrator, promulgate regulations in accordance 

25 with subsection (b). 
37

•S 770 IS

1 ‘‘(2) PROGRAM COMPONENTS.— 

2 ‘‘(A) IN GENERAL.—In carrying out para3 graph (1), the Secretary shall promulgate a 

4 separate set of regulations for— 

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

6 after operating outside the exclusive eco7 nomic zone; and 

8 ‘‘(ii) ships that enter United States 

9 ports after operating outside the exclusive 

10 economic zone, excluding United States 

11 ports on the Great Lakes. 

12 ‘‘(B) DURATION.—Regulations promul13 gated under subparagraph (A)(i) shall remain 

14 in effect until the Great Lakes program is ter15 minated pursuant to subsection (c). 

16 ‘‘(3) REQUIREMENTS.—The regulations promul17 gated under paragraph (1) shall— 

18 ‘‘(A) protect the safety of— 

19 ‘‘(i) each vessel; and 

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

21 vessel; 

22 ‘‘(B) provide for sampling of ballast intake 

23 and discharge flows through ballast piping to 

24 monitor for compliance with the regulations; 

25 ‘‘(C) take into consideration— 
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•S 770 IS

1 ‘‘(i) vessel types; 

2 ‘‘(ii) variations in the ecological condi3 tions of waters and coastal areas of the 

4 United States; and 

5 ‘‘(iii) different operating conditions; 

6 ‘‘(D) be based on the best scientific infor7 mation available; 

8 ‘‘(E) not affect or supersede any require9 ments or prohibitions pertaining to the dis10 charge of ballast water into waters of the 

11 United States under the Federal Water Pollu12 tion Control Act (33 U.S.C. 1251 et seq.); and 

13 ‘‘(F) include a list of the best performing 

14 treatment technologies that is reviewed and up15 dated under subsection (b)(4)(A). 

16 ‘‘(4) EDUCATION AND TECHNICAL ASSISTANCE

17 PROGRAMS.—The Secretary may carry out education 

18 and technical assistance programs and other meas19 ures to promote compliance with the regulations pro20 mulgated under this subsection. 

21 ‘‘(e) PERIODIC REVIEW AND REVISION OF REGULA22 TIONS.— 

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

24 after the date of enactment of the National Aquatic 

25 Invasive Species Act of 2005, and not less often 
39

•S 770 IS

1 than every 3 years thereafter, the Secretary shall 

2 (with the concurrence of the Administrator, based on 

3 recommendations of the Task Force, and informa4 tion collected and analyzed under this title and in 

5 accordance with criteria developed by the Task 

6 Force under paragraph (3))— 

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

8 regulations promulgated under this section; 

9 ‘‘(B) assess the effectiveness of the regula10 tions referred to in subparagraph (A) in reduc11 ing the introduction and spread of aquatic 

12 invasive species by vessels; and 

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

14 scientific information available— 

15 ‘‘(i) revise the regulations referred to 

16 in subparagraph (A); and 

17 ‘‘(ii) promulgate additional regula18 tions. 

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

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

21 Force makes a request to the Secretary for a special 

22 review and revision of the Program, the Secretary 

23 shall (with the concurrence of the Administrator)— 

24 ‘‘(A) conduct a special review of regula25 tions in accordance with paragraph (1); and 
40

•S 770 IS

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

2 provided under paragraph (1)(C)— 

3 ‘‘(i) revise those guidelines; or 

4 ‘‘(ii) promulgate additional regula5 tions. 

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

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

8 National Aquatic Invasive Species Act of 2005, and 

9 every 3 years thereafter, the Task Force shall sub10 mit to the Secretary criteria for determining the 

11 adequacy and effectiveness of all regulations promul12 gated under this section. 

13 ‘‘(f) SANCTIONS.— 

14 ‘‘(1) CIVIL PENALTIES.— 

15 ‘‘(A) IN GENERAL.—Any person that vio16 lates a regulation promulgated under this sec17 tion shall be liable for a civil penalty in an 

18 amount not to exceed $50,000. 

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

20 of a continuing violation constitutes a separate 

21 violation. 

22 ‘‘(C) LIABILITY OF VESSELS.—A vessel op23 erated in violation of a regulation promulgated 

24 under this Act shall be liable in rem for any 
41

•S 770 IS

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 U.S.C. 

10 App. 91), if the owner or operator of that vessel is 

11 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 Act; 

23 ‘‘(ii) contingency requirements of sec24 tion 1211; and 
42

•S 770 IS

1 ‘‘(iii) reporting requirements of this 

2 Act. 

3 ‘‘(g) COORDINATION WITH OTHER AGENCIES.—The 

4 Secretary is encouraged to use (with consent) the exper5 tise, facilities, members, or personnel of, appropriate Fed6 eral and State agencies and organizations that have rou7 tine contact with vessels, as determined by the Secretary. 

8 ‘‘(h) CONSULTATION WITH CANADA, MEXICO, AND

9 OTHER FOREIGN GOVERNMENTS.—In developing the 

10 guidelines issued and regulations promulgated under this 

11 section, the Secretary is encouraged to consult with the 

12 Government of Canada, the Government of Mexico, and 

13 any other government of a foreign country that the Sec14 retary, in consultation with the Task Force, determines 

15 to be necessary to develop and implement an effective 

16 international program for preventing the unintentional in17 troduction and spread of nonindigenous species. 

18 ‘‘(i) INTERNATIONAL COOPERATION.—The Sec19 retary, in cooperation with the International Maritime Or20 ganization of the United Nations and the Commission on 

21 Environmental Cooperation established pursuant to the 

22 North American Free Trade Agreement, is encouraged to 

23 enter into negotiations with the governments of foreign 

24 countries to develop and implement an effective inter-
43

•S 770 IS

1 national program for preventing the unintentional intro2 duction and spread of nonindigenous species. 

3 ‘‘(j) SAFETY EXEMPTION.— 

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

5 vessel is not required to conduct a ballast water ex6 change if the Master determines that the exchange 

7 would threaten the safety or stability of the vessel, 

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

9 adverse weather, vessel architectural design, equip10 ment failure, or any other extraordinary conditions. 

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

12 does not exchange ballast water on the high seas 

13 under paragraph (1) shall not discharge ballast 

14 water in any harbor, except in accordance with a 

15 contingency strategy approved by the Secretary (and 

16 included in the invasive species management plan of 

17 the vessel) to reduce the risk of organism transfer 

18 by the discharge (using the best practicable tech19 nology and practices pursuant to regulations promul20 gated under subsection (b)(1)). 

21 ‘‘(k) NON-DISCRIMINATION.—The Secretary shall en22 sure that vessels registered outside of the United States 

23 do not receive more favorable treatment than vessels reg24 istered in the United States in any case in which the Sec25 retary performs studies, reviews compliance, determines 
44

•S 770 IS

1 effectiveness, establishes requirements, or performs any 

2 other responsibilities under this Act. 

3 ‘‘(l) EFFECT ON OTHER LAW.—Nothing in this sec4 tion or any regulation promulgated under this section su5 persedes or otherwise affects any requirement or prohibi6 tion relating to the discharge of ballast water under the 

7 Federal Water Pollution Control Act (33 U.S.C. 1251 et 

8 seq.).’’. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) Section 1102(c)(1) of the Nonindigenous 

11 Aquatic Nuisance Prevention and Control Act of 

12 1990 (16 U.S.C. 4712(c)(1)) is amended by striking 

13 ‘‘issued under section 1101(b)’’ and inserting ‘‘pro14 mulgated under section 1101(e)’’. 

15 (2) Section 1102(f)(1)(B) of the Nonindigenous 

16 Aquatic Nuisance Prevention and Control Act of 

17 1990 (16 U.S.C. 4712(f)(1)(B)) is amended by 

18 striking ‘‘guidelines issued pursuant to section 

19 1101(c)’’ and inserting ‘‘regulations promulgated 

20 under section 1101(e)’’. 

21 SEC. 102. ARMED SERVICES WHOLE VESSEL MANAGEMENT 

22 PROGRAM. 

23 Section 1103 of the Nonindigenous Aquatic Nuisance 

24 Prevention and Control Act of 1990 (16 U.S.C. 4713) is 

25 amended— 
45

•S 770 IS

1 (1) by striking the section heading and insert2 ing the following: 

3 ‘‘SEC. 1103. ARMED SERVICES WHOLE VESSEL MANAGE4 MENT PROGRAM.’’; 

5 and 

6 (2) in subsection (a)— 

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

8 the following: 

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

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

11 ‘‘(2) TOWED VESSEL MANAGEMENT PRO12 GRAM.— 

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

14 conditions, the Secretary of Defense, in con15 sultation with the Secretary, the Task Force, 

16 and the International Maritime Organization, 

17 shall implement a towed vessel management 

18 program for Department of Defense vessels to 

19 minimize the risk of introductions of aquatic 

20 invasive species through hull and associated hull 

21 aperture transfers by towed vessels. 

22 ‘‘(B) CURRENT BALLAST PROGRAM.—Ex23 cept as provided in subparagraph (A), this Act 

24 does not affect the ballast program for Depart25 ment of Defense vessels in effect on the date of 
46

•S 770 IS

1 enactment of the National Aquatic Invasive 

2 Species Act of 2005. 

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

4 the date of enactment of the National Aquatic 

5 Invasive Species Act of 2005, and every 3 years 

6 thereafter, the Secretary of Defense shall submit to 

7 Congress a report that includes a summary and 

8 analysis of the program carried out under this sec9 tion.’’. 

10 TITLE II—PREVENTION OF IN11 TRODUCTION OF AQUATIC 

12 INVASIVE SPECIES BY OTHER 

13 PATHWAYS 

14 SEC. 201. PRIORITY PATHWAY MANAGEMENT PROGRAM. 

15 Subtitle C of title I of the Nonindigenous Aquatic 

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

17 4721 et seq.) is amended by adding at the end the fol18 lowing: 

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

20 ‘‘(a) IDENTIFICATION OF HIGH PRIORITY PATH21 WAYS.—Not later than 2 years after the date of enactment 

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

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

24 with the Invasive Species Council and in consultation with 

25 representatives of States, industry, and other interested 
47

•S 770 IS

1 parties, shall, based on pathway surveys conducted under 

2 this title and other available research relating to the rates 

3 of introductions in waters of the United States— 

4 ‘‘(1) identify those pathways that pose the high5 est risk for introductions of invasive species, both 

6 nationally and on a region-by-region basis; 

7 ‘‘(2) develop recommendations for management 

8 strategies for those high-risk pathways; 

9 ‘‘(3) include in the report to Congress required 

10 under section 1201(f)(2)(B) a description of the 

11 identifications, strategies, and recommendations 

12 based on research collected under this title; and 

13 ‘‘(4) identify invasive species not yet introduced 

14 into waters of the United States that are likely to 

15 be introduced into waters of the United States un16 less preventative measures are taken. 

17 ‘‘(b) MANAGEMENT OF HIGH PRIORITY PATH18 WAYS.—Not later than 3 years after the date of enactment 

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

20 Task Force or agencies of jurisdiction shall, to the max21 imum extent practicable, implement the strategies de22 scribed in subsection (a)(2), considering appropriate peri23 odic updates to the strategies.’’. 
48

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1 SEC. 202. SCREENING PROCESS FOR PLANNED IMPORTA2 TIONS OF LIVE AQUATIC ORGANISMS. 

3 Subtitle B of the Nonindigenous Aquatic Nuisance 

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

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

6 ‘‘SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTA7 TIONS OF LIVE AQUATIC ORGANISMS. 

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

9 date of enactment of the National Aquatic Invasive Spe10 cies Act of 2005, no live aquatic organism of a species 

11 not in trade shall be imported into the United States with12 out screening and approval in accordance with subsections 

13 (c) and (d). 

14 ‘‘(b) GUIDELINES.— 

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

16 after the date of enactment of the National Aquatic 

17 Invasive Species Act of 2005, in consultation with 

18 regional panels convened under section 1203, States, 

19 tribes, and other stakeholders, the Invasive Species 

20 Council (in conjunction with the Task Force) shall 

21 promulgate guidelines for screening proposed 

22 planned importations of live aquatic organisms into 

23 the United States that include— 

24 ‘‘(A) guidelines for minimum information 

25 requirements for determinations under sub26 section (c); and 
49

•S 770 IS

1 ‘‘(B) guidelines for a simplified notification 

2 procedure for any additional shipments of orga3 nisms that may occur after completion of an 

4 initial screening process and determination 

5 under subsection (c). 

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

7 process shall be to prevent the introduction or estab8 lishment of aquatic invasive species (including patho9 gens and parasites of the species) in waters of the 

10 United States and contiguous waters of Canada and 

11 Mexico. 

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

13 this subsection and reviewing and revising the guide14 lines under subsection (j), the Invasive Species 

15 Council and the Task Force shall consider— 

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

17 by human or natural means; 

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

19 with the species planned for importation includ20 ing pathogens, parasites, and free-living orga21 nisms; 

22 ‘‘(C) regional differences in probability of 

23 invasion and associated impacts; 
50

•S 770 IS

1 ‘‘(D) the difficulty of controlling an estab2 lished population of an aquatic invasive species 

3 in the wild; and 

4 ‘‘(E) the profile established under section 

5 1108(b). 

6 ‘‘(c) CATEGORIES.—The screening process shall— 

7 ‘‘(1) require the identification, to the maximum 

8 extent practicable, to the species level and, at a min9 imum, to the genus level, of live aquatic organisms 

10 proposed for importation; and 

11 ‘‘(2) designate— 

12 ‘‘(A) species with high or moderate prob13 ability of undesirable impacts to areas within 

14 the boundaries of the United States and contig15 uous areas of neighboring countries, to which 

16 the species is likely to be spread by human or 

17 natural means; and 

18 ‘‘(B) species with respect to which there is 

19 insufficient information to determine the risk 

20 category based on guidelines issued pursuant to 

21 subsection (b)(1)(B). 

22 ‘‘(d) EVALUATION.— 

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

24 after the date of promulgation of guidelines under 

25 subsection (b), in consultation with regional panels 
51

•S 770 IS

1 convened under section 1203, States, tribes, and 

2 other stakeholders, a Federal agency with authority 

3 over an importation into the United States of a live 

4 organism of a species not in trade and proposed for 

5 importation into the United States shall screen the 

6 species in accordance with guidelines promulgated 

7 under subsection (b). 

8 ‘‘(2) DELEGATION AND AUTHORITY.— 

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (B), if no agency has authority described 

11 in paragraph (1) or an agency delegates the 

12 screening to the Director under subsection (h), 

13 the Director shall screen the organisms in ac14 cordance with subsections (a) and (b). 

15 ‘‘(B) UNITED STATES FISH AND WILDLIFE

16 SERVICE.—The Director may restrict or pro17 hibit the importation of an organism of a spe18 cies not in trade if— 

19 ‘‘(i) no other Federal agency has au20 thority to regulate the importation of the 

21 species in trade; and 

22 ‘‘(ii) the Director determines, based 

23 on an evaluation that is consistent with the 

24 screening requirements promulgated under 

25 subsection (g), that the species in trade 
52

•S 770 IS

1 has a high or moderate probability of an 

2 undesirable impact to an area within the 

3 boundaries of the United States or a con4 tiguous area of a neighboring country, to 

5 which the species may be spread by human 

6 or natural means. 

7 ‘‘(3) MULTIPLE JURISDICTION.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), if more than 1 agency has jurisdic10 tion over the importation of a live organism, the 

11 agencies shall conduct only 1 screening process 

12 in accordance with the memorandum of under13 standing described in subsection (f) (in con14 sultation with National Oceanic and Atmos15 pheric Administrator). 

16 ‘‘(B) CULTURED AQUATIC ORGANISMS.—

17 The Secretary of Agriculture shall conduct 

18 screening of organisms imported to be cultured. 

19 ‘‘(e) REQUIREMENTS.—A Federal agency of jurisdic20 tion, or the Director shall— 

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

22 the United States from outside the United States of 

23 any species that is described in subsection (c)(2)(A); 

24 ‘‘(2) prohibit the importation of any species de25 scribed in subsection (c)(2)(B), unless the importa-
53

•S 770 IS

1 tion is for the sole purpose of research that is con2 ducted in accordance with section 1202(f)(2); and 

3 ‘‘(3) make a determination under this sub4 section not later than 180 days after receiving a 

5 complete request for permission to import a live 

6 aquatic species. 

7 ‘‘(f) MEMORANDUM OF UNDERSTANDING.— 

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

9 States Fish and Wildlife Service shall enter into a 

10 memorandum of understanding with the agencies of 

11 jurisdiction regarding the screening requirements of 

12 this section. 

13 ‘‘(2) CONTENTS.—The memorandum of under14 standing shall contain, at a minimum— 

15 ‘‘(A) a description of the relationship be16 tween and responsibilities of the agencies of ju17 risdiction, including a process designating a 

18 lead agency in cases in which multiple agencies 

19 may have jurisdiction over the screening of an 

20 aquatic species; 

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

22 delegate screening duties to and receive delega23 tion from other agencies of jurisdiction; and 

24 ‘‘(C) the process by which agencies of ju25 risdiction and the Invasive Species Council will 
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•S 770 IS

1 coordinate and share information required for 

2 the screening of species. 

3 ‘‘(g) SCREENING REQUIREMENTS.—The Director 

4 shall promulgate screening requirements consistent with 

5 the guidelines promulgated under subsection (b) to evalu6 ate any planned live aquatic species importation (including 

7 an importation carried out by a Federal agency) from out8 side the borders of the United States into waters of the 

9 United States that is— 

10 ‘‘(1) not otherwise subject to Federal authority 

11 to permit the importation; or 

12 ‘‘(2) delegated to the Director by another agen13 cy of jurisdiction under subsection (h). 

14 ‘‘(h) DELEGATION TO DIRECTOR.—Any agency with 

15 authority over the planned importation of a live aquatic 

16 organism may delegate to the Director the screening proc17 ess carried out under this section. 

18 ‘‘(i) CATALOG OF SPECIES IN TRADE.—Not later 

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

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

21 United States Geological Survey and the Director of the 

22 Smithsonian Environmental Research Center, in coopera23 tion with agencies with jurisdiction over planned importa24 tions of live organisms, shall— 
55

•S 770 IS

1 ‘‘(1) develop and, as necessary, update a cata2 log of species in trade; and 

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

4 to the public pursuant to section 1102(f). 

5 ‘‘(j) REVIEW AND REVISION.— 

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

7 the Council, in conjunction with the Task Force, 

8 shall use research on early detection and monitoring 

9 under section 1106, among other information 

10 sources, to review and revise to the screening, guide11 lines, and process carried out under this section. 

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

13 shall include in its report to Congress required pur14 suant to section 1201(f)(2)(B)— 

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

16 the screening processes carried out under this 

17 section; 

18 ‘‘(B) the consistency of the application of 

19 the screening process by agencies; and 

20 ‘‘(C) recommendations for revisions of the 

21 processes. 

22 ‘‘(k) PROHIBITIONS.— 

23 ‘‘(1) IN GENERAL.—Except as otherwise pro24 vided in this section, it shall be unlawful to import 

25 a live aquatic organism of a species not in trade. 
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1 ‘‘(2) PENALTIES.— 

2 ‘‘(A) CIVIL PENALTY.—Any person that 

3 violates paragraph (1) shall be liable for a civil 

4 penalty in an amount not to exceed $50,000. 

5 ‘‘(B) CRIMINAL PENALTIES.—Any person 

6 that knowingly violates paragraph (1) is guilty 

7 of a class C felony. 

8 ‘‘(l) FEES.—The head of any agency that has juris9 diction over a planned importation of a species subject to 

10 screening under this Act may increase the amount of any 

11 appropriate fee that is charged under an authority of law 

12 to offset the cost of any screening process carried out 

13 under this section. 

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

15 a screening process under this section shall make the re16 sults of the process available to the public (including inter17 national organizations). 

18 ‘‘(n) EFFECT ON OTHER LAWS.— 

19 ‘‘(1) IN GENERAL.—Nothing in this section re20 peals, supercedes, or modifies any provision of Fed21 eral or State law relating to the screening process 

22 for aquatic species importation. 

23 ‘‘(2) MORE PROTECTIVE LAWS.—A State, the 

24 District of Columbia, or a territory of the United 

25 States may adopt an aquatic plant or animal impor-
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1 tation law, regulation, or policy that requires a more 

2 protective screening process for aquatic species im3 portation than the regulations and policies of this 

4 section.’’. 

5 TITLE III—EARLY DETECTION; 

6 RAPID RESPONSE; CONTROL 

7 AND OUTREACH 

8 SEC. 301. EARLY DETECTION. 

9 Subtitle B of the Nonindigenous Aquatic Nuisance 

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

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

12 at the end the following: 

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

14 ‘‘(a) IN GENERAL.—Not later than 18 months after 

15 the date of enactment of the National Aquatic Invasive 

16 Species Act of 2005, in conjunction with the Council, the 

17 Task Force shall (based on the standard protocol for early 

18 detection surveys developed under this title), promulgate 

19 a set of sampling protocols, a geographic plan, and budget 

20 to support a national system of ecological surveys to rap21 idly detect recently-established aquatic invasive species in 

22 waters of the United States. 

23 ‘‘(b) CONTENTS.—The protocols, plan, and budget 

24 shall, at a minimum— 
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1 ‘‘(1) address a diversity of aquatic ecosystems 

2 of the United States (including inland and coastal 

3 waters); 

4 ‘‘(2) encourage State, local, port, and tribal 

5 participation in monitoring; 

6 ‘‘(3) balance scientific rigor with practicability, 

7 timeliness, and breadth of sampling activity; 

8 ‘‘(4) considers the pathways and organisms 

9 identified under section 1210; 

10 ‘‘(5) include a capacity to evaluate the impacts 

11 of permitted importations screened by the processes 

12 established under section 1105; and 

13 ‘‘(6) include clear lines of communication with 

14 appropriate Federal, State, and regional rapid re15 sponse authorities. 

16 ‘‘(c) IMPLEMENTATION.—Not later than 3 years after 

17 the date of enactment of the National Aquatic Invasive 

18 Species Act of 2005, the Director of the United States 

19 Geological Survey, the Administrator of the National Oce20 anic and Atmospheric Administration, and the Adminis21 trator (in consultation with the Invasive Species Council 

22 and in coordination with other agencies and organizations) 

23 shall implement a national system of ecological surveys 

24 that is— 
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•S 770 IS

1 ‘‘(1) carried out in cooperation with State, 

2 local, port, tribal authorities, and other non-Federal 

3 entities (such as colleges and universities); and 

4 ‘‘(2) based on the protocols, plan, and budget 

5 published under subsection (a) and any public com6 ment.’’. 

7 SEC. 302. RAPID RESPONSE. 

8 Subtitle C of title I of the Nonindigenous Aquatic 

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

10 4721 et seq.) (as amended by section 201) is amended 

11 by adding at the end the following: 

12 ‘‘SEC. 1211. RAPID RESPONSE. 

13 ‘‘(a) EMERGENCY RAPID RESPONSE FUND.— 

14 ‘‘(1) ESTABLISHMENT.—There is established in 

15 the Treasury of the United States a revolving fund 

16 to assist States in implementing rapid response 

17 measures for aquatic invasive species, to be known 

18 as the ‘Emergency Rapid Response Fund’ (referred 

19 to in this subsection as the ‘Fund’), consisting of— 

20 ‘‘(A) such amounts as are appropriated to 

21 the Fund under section 1301(g)(2)(A); and 

22 ‘‘(B) any interest earned on investment of 

23 amounts in the Fund under paragraph (3). 

24 ‘‘(2) EXPENDITURES FROM FUND.— 
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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (C), on request by the Secretary of the 

3 Interior, the Secretary of the Treasury shall 

4 transfer from the Fund to the Secretary of the 

5 Interior such amounts as the Secretary of the 

6 Interior determines are necessary to provide fi7 nancial assistance to a State or the Federal 

8 rapid response team under subparagraph (B) to 

9 assist in implementing rapid response measures 

10 for aquatic invasive species. 

11 ‘‘(B) STATE ASSISTANCE.— 

12 ‘‘(i) IN GENERAL.—A State may sub13 mit to the Secretary of the Interior an ap14 plication for emergency response assistance 

15 from the Fund. 

16 ‘‘(ii) APPROVAL.—If the Secretary of 

17 the Interior approves an application sub18 mitted under clause (i), the Secretary shall 

19 use amounts provided to the Secretary 

20 under subparagraph (A)— 

21 ‘‘(I) in a case in which a State 

22 has in effect a rapid response contin23 gency strategy that is approved under 

24 subsection (b), to provide emergency 

25 response assistance to the State; and 
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1 ‘‘(II) in a case in which the State 

2 does not have a rapid response contin3 gency strategy approved under sub4 section (b) in effect, to provide emer5 gency response assistance to the Fed6 eral rapid response team established 

7 under subsection (f). 

8 ‘‘(iii) ADDITIONAL FUNDS.—If addi9 tional amounts are needed for the conduct 

10 of emergency response activities in the 

11 State, the Secretary of the Interior may 

12 provide additional assistance to the State 

13 or Federal rapid response team under this 

14 paragraph. 

15 ‘‘(C) ADMINISTRATIVE EXPENSES.—An 

16 amount not to exceed 10 percent of the 

17 amounts in the Fund shall be available for each 

18 fiscal year to pay the administrative expenses 

19 necessary to carry out this Act. 

20 ‘‘(3) INVESTMENT OF AMOUNTS.— 

21 ‘‘(A) IN GENERAL.—The Secretary of the 

22 Treasury shall invest such portion of the Fund 

23 as is not, in the judgment of the Secretary of 

24 the Treasury, required to meet current with25 drawals. 
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•S 770 IS

1 ‘‘(B) INTEREST-BEARING OBLIGATIONS.—

2 Investments may be made only in interest-bear3 ing obligations of the United States. 

4 ‘‘(C) ACQUISITION OF OBLIGATIONS.—For 

5 the purpose of investments under subparagraph 

6 (A), obligations may be acquired— 

7 ‘‘(i) on original issue at the issue 

8 price; or 

9 ‘‘(ii) by purchase of outstanding obli10 gations at the market price. 

11 ‘‘(D) SALE OF OBLIGATIONS.—Any obliga12 tion acquired by the Fund may be sold by the 

13 Secretary of the Treasury at the market price. 

14 ‘‘(E) CREDITS TO FUND.—The interest on, 

15 and the proceeds from the sale or redemption 

16 of, any obligations held in the Fund shall be 

17 credited to and form a part of the Fund. 

18 ‘‘(4) TRANSFERS OF AMOUNTS.— 

19 ‘‘(A) IN GENERAL.—The amounts required 

20 to be transferred to the Fund under this section 

21 shall be transferred at least monthly from the 

22 general fund of the Treasury to the Fund on 

23 the basis of estimates made by the Secretary of 

24 the Treasury. 
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1 ‘‘(B) ADJUSTMENTS.—Proper adjustment 

2 shall be made in amounts subsequently trans3 ferred to the extent prior estimates were in ex4 cess of or less than the amounts required to be 

5 transferred. 

6 ‘‘(b) STATE RAPID RESPONSE CONTINGENCY STRAT7 EGIES.—The Task Force, in consultation with the 

8 Invasive Species Council, shall approve a rapid response 

9 contingency strategy of a State if the strategy— 

10 ‘‘(1) identifies all key governmental and non11 governmental partners to be involved in carrying out 

12 the strategy; 

13 ‘‘(2) clearly designates the authorities and re14 sponsibilities of each partner, including the authority 

15 of any State or government of an Indian tribe to dis16 tribute emergency funds; 

17 ‘‘(3) specifies criteria for rapid response meas18 ures, including a diagnostic system that— 

19 ‘‘(A) distinguishes cases in which rapid re20 sponse has a likelihood of success and cases in 

21 which rapid response has no likelihood of suc22 cess; 

23 ‘‘(B) distinguishes rapid response meas24 ures from ongoing management and control of 
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1 established populations of aquatic invasive spe2 cies; and 

3 ‘‘(C) distinguishes instances in which the 

4 rate and probability of organism dispersal is 

5 significantly altered by vessel movements; 

6 ‘‘(4) includes an early detection strategy that 

7 supports or complements the early detection and 

8 monitoring system developed under section 1108; 

9 ‘‘(5) provides for a monitoring capability to as10 sess— 

11 ‘‘(A) the extent of infestations; and 

12 ‘‘(B) the effectiveness of rapid response ef13 forts; 

14 ‘‘(6) to the maximum extent practicable, is inte15 grated into the State aquatic invasive species man16 agement plan approved under section 1204; 

17 ‘‘(7) to the maximum extent practicable, in18 cludes rapid response tools that meet environmental 

19 criteria developed under subsection (f)(4); 

20 ‘‘(8) includes a public education and outreach 

21 component directed at— 

22 ‘‘(A) potential pathways for spread of 

23 aquatic invasive species; and 
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•S 770 IS

1 ‘‘(B) persons involved in industries and 

2 recreational activities associated with those 

3 pathways; and 

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

5 vessels, conforms with guidelines issued by the Sec6 retary under subsection (d)(2). 

7 ‘‘(c) 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 ‘‘(d) 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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1 of the Task Force established under section 1203, 

2 shall develop— 

3 ‘‘(A) a model State rapid response contin4 gency strategy (including rapid assessment ca5 pability) for aquatic invasive species that meets, 

6 to the maximum extent practicable, the require7 ments of paragraphs (1) through (9) of sub8 section (b); and 

9 ‘‘(B) a model regional rapid response con10 tingency strategy (including rapid assessment 

11 capability) for aquatic invasive species; and 

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

13 Task Force and the regional panels of the Task 

14 Force, shall issue guidelines that describe vessel-re15 lated requirements that may be used in a rapid re16 sponse contingency strategy approved under this sec17 tion. 

18 ‘‘(e) 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 (b) 

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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•S 770 IS

1 tivities carried out under a regional rapid response 

2 contingency strategy approved under subsection (c) 

3 shall be not less than 75 percent. 

4 ‘‘(3) FORM OF NON-FEDERAL SHARE.—The 

5 non-Federal share required under paragraph (1) or 

6 (2) may be in the form of in-kind contributions. 

7 ‘‘(f) FEDERAL RAPID RESPONSE TEAMS.— 

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

9 than 1 year after the date of enactment of the Na10 tional Aquatic Invasive Species Act of 2005, the 

11 Invasive Species Council, in coordination with the 

12 Task Force and the heads of appropriate Federal 

13 agencies, shall establish a Federal rapid response 

14 team for each of the 10 Federal regions that com15 prise the Standard Federal Regional Boundary Sys16 tem. 

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

18 response team shall, at a minimum— 

19 ‘‘(A) implement rapid eradication or con20 trol responses for newly detected aquatic 

21 invasive species on Federal and tribal land; 

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

23 rapid responses for newly detected aquatic 

24 invasive species on non-Federal land at the re-
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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 warranting Federal assistance for 

22 rapid assessment and response under this sub23 section, including indicative criteria relating to, at a 

24 minimum— 
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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 aquatic or11 ganisms; 

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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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) EXISTING BARRIER.—The Assistant 

13 Secretary shall upgrade and make permanent, 

14 at full Federal expense, the existing Chicago 

15 sanitary and ship canal dispersal barrier in Chi16 cago, Illinois, constructed as a demonstration 

17 project under subsection (i)(3). 

18 ‘‘(B) NEW BARRIER.—Notwithstanding the 

19 project cooperation agreement with the State of 

20 Illinois dated November 21, 2003, the Secretary 

21 shall construct, at full Federal expense, the 

22 Chicago sanitary and ship canal dispersal bar23 rier authorized by section 1135 of the Water 

24 Resources Development Act of 1986 (33 U.S.C. 

25 2309a). 
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•S 770 IS

1 ‘‘(C) OPERATION AND MAINTENANCE.—

2 The Chicago sanitary and ship canal dispersal 

3 barriers described in subparagraphs (A) and 

4 (B) shall be operated and maintained as a sys5 tem by the Corps of Engineers, at full Federal 

6 expense, in such a manner as the Chief Engi7 neer determines optimizes the effectiveness of 

8 the barriers. 

9 ‘‘(D) CREDIT.— 

10 ‘‘(i) IN GENERAL.—The Assistant 

11 Secretary shall provide to each State a 

12 credit in an amount equal to the propor13 tion that— 

14 ‘‘(I) the amount of funds contrib15 uted by the State toward the author16 ized dispersal barriers described in 

17 subparagraphs (A) and (B); bears to 

18 ‘‘(II) the amount of funds con19 tributed by all States toward the au20 thorized dispersal barriers described 

21 in subparagraphs (A) and (B). 

22 ‘‘(ii) USE OF CREDIT.—A State may 

23 apply a credit received under clause (i) to 

24 any existing or future project of the Corps 

25 of Engineers in that State. 
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1 ‘‘(E) FEASIBILITY STUDY OF CHICAGO

2 RIVER SHIPAND SANITARY CANAL.— 

3 ‘‘(i) IN GENERAL.—Not later than 3 

4 years after the date of enactment of the 

5 National Aquatic Invasive Species Act of 

6 2005, the Assistant Secretary, in consulta7 tion with appropriate Federal, State, local, 

8 and non-governmental entities, shall con9 duct a feasibility study of the full range of 

10 options available to prevent the spread of 

11 aquatic invasive species through the Chi12 cago River Ship and Sanitary Canal dis13 persal barrier. 

14 ‘‘(ii) MATTERS TO BE STUDIED.—The 

15 study shall— 

16 ‘‘(I) provide recommendations 

17 concerning additional measures and 

18 long-term measures necessary to im19 prove the performance of the Chicago 

20 River Ship and Sanitary Canal dis21 persal barrier; and 

22 ‘‘(II) examine methods and meas23 ures necessary to achieve, to the max24 imum extent practicable— 
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•S 770 IS

1 ‘‘(aa) 100 percent efficacy of 

2 the barrier with respect to aquat3 ic invasive species of fish; and 

4 ‘‘(bb) maximum efficacy of 

5 the barrier with respect to other 

6 taxa of aquatic invasive species. 

7 ‘‘(F) REIMBURSEMENT.—The State of Illi8 nois shall be reimbursed for all State funds ex9 pended on the planning, design, construction, 

10 and operation and maintenance of the project 

11 identified, along with any subsequent modifica12 tions, in the report entitled ‘Aquatic Nuisance 

13 Species Dispersal Barrier II’, dated December 

14 2002, issued under section 1135 of the Water 

15 Resources Development Act of 1986 (33 U.S.C. 

16 2294 note; 100 Stat. 4251). 

17 ‘‘(2) MONITORING PROGRAM.— 

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

19 year after the date of enactment of the Na20 tional Aquatic Invasive Species Act of 2005, the 

21 Secretary of the Interior shall establish an 

22 interbasin and intrabasin monitoring program. 

23 ‘‘(B) REQUIRED ELEMENTS.—The moni24 toring program shall— 
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•S 770 IS

1 ‘‘(i) track aquatic invasive species 

2 moving through— 

3 ‘‘(I) the Chicago River Ship and 

4 Sanitary Canal; 

5 ‘‘(II) the Lake Champlain Canal; 

6 ‘‘(III) other interbasin water7 ways; and 

8 ‘‘(IV) major river systems (such 

9 as the Mississippi River), as rec10 ommended by regional panels con11 vened under section 1203, in which 

12 interbasin transfers of aquatic 

13 invasive species have been shown to 

14 pose a significant threat to fish and 

15 wildlife resources; 

16 ‘‘(ii) assess the efficacy of dispersal 

17 barriers and other measures in preventing 

18 the spread of aquatic invasive species 

19 through the waterways; and 

20 ‘‘(iii) identify waterways suitable for 

21 dispersal barrier demonstration projects, in 

22 addition to the waterways at which dis23 persal barrier demonstration projects were 

24 carried out before the date of enactment of 
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•S 770 IS

1 the National Aquatic Invasive Species Act 

2 of 2005. 

3 ‘‘(C) REPORTS.—The Secretary of the In4 terior shall issue biennial reports describing the 

5 findings of the monitoring program. 

6 ‘‘(3) PREVENTION AND MITIGATION PLANS FOR

7 CORPS PROJECTS.—In developing projects involving 

8 interbasin waterways or other hydrologic alterations 

9 that could create pathways for aquatic invasive spe10 cies, the Assistant Secretary shall develop adequate 

11 prevention and mitigation plans for controlling the 

12 dispersal of the aquatic invasive species. 

13 ‘‘(4) TECHNICAL ASSISTANCE.—The Adminis14 trator of the National Oceanic and Atmospheric Ad15 ministration, acting through the Great Lakes Envi16 ronmental Research Laboratory, shall provide tech17 nical assistance to appropriate entities to assist in 

18 the research conducted under this subsection. 

19 ‘‘(5) ADDITIONAL WATERWAYS.—The Assistant 

20 Secretary, with the concurrence of the Adminis21 trator, and other relevant Federal agencies, shall— 

22 ‘‘(A) identify additional waterways suitable 

23 for the construction of new dispersal barriers 

24 (based on the monitoring program established 

25 under paragraph (2)); 
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•S 770 IS

1 ‘‘(B) determine the feasibility of a dis2 persal barrier project at the Lake Champlain 

3 Canal and in the Upper Mississippi River and, 

4 if feasible, establish a plan for a dispersal bar5 rier at the Lake Champlain Canal and in the 

6 Upper Mississippi River; and 

7 ‘‘(C) construct, maintain, and operate such 

8 dispersal barriers as necessary. 

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

10 the date of enactment of the National Aquatic 

11 Invasive Species Act of 2005, the Assistant Sec12 retary and the Director shall jointly submit to Con13 gress a report that describes— 

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

15 and Sanitary Canal dispersal barrier project; 

16 and 

17 ‘‘(B) a plan to provide for additional dis18 persal barrier demonstration projects and re19 lated research projects.’’. 

20 SEC. 304. ENVIRONMENTAL SOUNDNESS. 

21 Section 1202 of the Nonindigenous Aquatic Nuisance 

22 Prevention and Control Act of 1990 (16 U.S.C. 4722) (as 

23 amended by section 303) is amended by inserting after 

24 subsection (j) the following: 
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1 ‘‘(k) IMPROVEMENT OF TREATMENT METHODS FOR

2 AQUATIC INVASIVE SPECIES.— 

3 ‘‘(1) CRITERIA TO EVALUATE ENVIRONMENTAL

4 SOUNDNESS OF TREATMENT METHODS.— 

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

6 after the date of enactment of the National 

7 Aquatic Invasive Species Act of 2005, the Ad8 ministrator, in consultation with the Secretary, 

9 the Invasive Species Council, and the Task 

10 Force (including any regional panels of the 

11 Task Force) shall promulgate criteria to evalu12 ate the treatment methods described in sub13 paragraph (B) for the purpose of ensuring that 

14 the treatment methods pose no significant 

15 threat of adverse effect on human health, public 

16 safety, or the environment (including air quality 

17 and the aquatic environment) that is acute, 

18 chronic, cumulative, or collective. 

19 ‘‘(B) TREATMENT METHODS.—The treat20 ment methods referred to in subparagraph (A) 

21 are all mechanical, physical, chemical, biologi22 cal, and other treatment methods used in bodies 

23 of water of the United States (regardless of 

24 whether the bodies of water are navigable and 

25 regardless of the origin of the waters), to pre-
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•S 770 IS

1 vent, treat, or respond to the introduction of 

2 aquatic invasive species. 

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

4 subparagraph (A), the Administrator shall con5 sult with— 

6 ‘‘(i) the Secretary of Transportation; 

7 ‘‘(ii) the Task Force (including the re8 gional panels of the Task Force established 

9 under section 1203); 

10 ‘‘(iii) the Director; 

11 ‘‘(iv) the Assistant Secretary; 

12 ‘‘(v) the Director of the National Ma13 rine Fisheries Service; and 

14 ‘‘(vi) relevant State agencies. 

15 ‘‘(2) PUBLICATION OF INFORMATION ON ENVI16 RONMENTALLY SOUND TREATMENT METHODS.—The 

17 Administrator, in consultation with the Invasive Spe18 cies Council, shall publish (not later than 1 year 

19 after the date of enactment of the National Aquatic 

20 Invasive Species Act of 2005) and update annu21 ally— 

22 ‘‘(A) a list of environmentally sound treat23 ment methods that may apply to a potential 

24 aquatic invasive species response effort; 
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•S 770 IS

1 ‘‘(B) accompanying research that supports 

2 the environmental soundness of each approved 

3 treatment method; and 

4 ‘‘(C) explicit guidelines under which each 

5 treatment method can be used in an environ6 mentally sound manner. 

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

8 and Task Force shall include the information de9 scribed in paragraph (2) in the reports submitted 

10 under section 1201(f)(2)(B).’’. 

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

12 Section 1202(h) of the Nonindigenous Aquatic Nui13 sance Prevention and Control Act of 1990 (16 U.S.C. 

14 4722(h)) is amended— 

15 (1) by striking ‘‘(h) EDUCATION.—The Task 

16 Force’’ and inserting the following: 

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

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

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

20 ‘‘(2) ACTIVITIES.— 

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

22 out under paragraph (1) shall include the ac23 tivities described in this paragraph. 

24 ‘‘(B) PUBLIC OUTREACH.— 
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1 ‘‘(i) PUBLIC WARNINGS.—Not later 

2 than 180 days after the date of enactment 

3 of the National Aquatic Invasive Species 

4 Act of 2005, each Federal officer of an 

5 agency that provides Federal funds to 

6 States for building or maintaining public 

7 access points to United States water bodies 

8 shall amend the guidelines of the agency, 

9 in consultation with relevant State agen10 cies, to encourage the posting of regionally11 specific public warnings or other suitable 

12 informational and educational materials at 

13 the access points regarding— 

14 ‘‘(I) the danger of spread of 

15 aquatic invasive species through the 

16 transport of recreational watercraft; 

17 and 

18 ‘‘(II) methods for removing orga19 nisms prior to transporting a 

20 watercraft. 

21 ‘‘(ii) CLEANING OF WATERCRAFT AT

22 MARINAS.—Not later than 1 year after the 

23 date of enactment of the National Aquatic 

24 Invasive Species Act of 2005, the Under 

25 Secretary and the Director (in cooperation 
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•S 770 IS

1 with the Task Force and in consultation 

2 with the States, relevant industry groups, 

3 and Indian tribes) shall develop an edu4 cation, outreach, and training program di5 rected toward marinas and marina opera6 tors regarding— 

7 ‘‘(I) checking watercraft for live 

8 organisms; 

9 ‘‘(II) removing live organisms 

10 from the watercraft before the 

11 watercraft are commercially or 

12 recreationally trailered; 

13 ‘‘(III) encouraging regular hull 

14 cleaning and maintenance, avoiding 

15 in-water hull cleaning; and 

16 ‘‘(IV) other activities, as identi17 fied by the Secretary. 

18 ‘‘(iii) PROPER DISPOSAL OF NON19 INDIGENOUS LIVE AQUATIC ORGANISMS IN

20 TRADE.—The Task Force shall— 

21 ‘‘(I) not later than 1 year after 

22 the date of enactment of the National 

23 Aquatic Invasive Species Act of 2005, 

24 develop (in consultation with industry 

25 and other affected parties) guidelines 
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•S 770 IS

1 for proper disposal of live nonindige2 nous aquatic organisms in trade; and 

3 ‘‘(II) use the guidelines in appro4 priate public information and out5 reach efforts. 

6 ‘‘(C) 100TH MERIDIAN PROGRAM.— 

7 ‘‘(i) IN GENERAL.—Not later than 1 

8 year after the date of enactment of the 

9 National Aquatic Invasive Species Act of 

10 2005, the Task Force shall expand the in11 formation and education program directed 

12 at recreational boaters in States from 

13 which watercraft are transported westward 

14 across the 100th meridian. 

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

16 program, the task force shall— 

17 ‘‘(I) survey owners of watercraft 

18 transported westward across the 

19 100th meridian to determine the 

20 States of origin of most such owners; 

21 ‘‘(II) provide information directly 

22 to watercraft owners concerning the 

23 importance of cleaning watercraft car24 rying live organisms before trans25 porting the watercraft; and 
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1 ‘‘(III) support education and in2 formation programs of the States of 

3 origin to ensure that the State pro4 grams address westward spread. 

5 ‘‘(D) INFORMATION AND EDUCATION PRO6 GRAM BY NATIONAL PARK SERVICE.—The Sec7 retary of the Interior, acting through the Direc8 tor of the National Park Service, shall develop 

9 a program to provide public outreach and other 

10 educational activities to prevent the spread of 

11 aquatic invasive species by recreational 

12 watercraft in parkland or through events spon13 sored by the National Park Service. 

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

15 Force, in conjunction with the Invasive Species 

16 Council, shall carry out activities to inform and pro17 mote voluntary cooperation and regulatory compli18 ance by members of the national and international 

19 maritime, horticultural, aquarium, aquaculture, pet 

20 trade, and other appropriate industries with screen21 ing, monitoring, and control of the transportation of 

22 aquatic invasive species. 

23 ‘‘(4) PUBLIC ACCESS TO MONITORING INFORMA24 TION.—The Task Force, the Invasive Species Coun-
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1 cil, and other relevant agencies, shall maintain infor2 mation on the Internet regarding— 

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

4 and private interests to use in assisting with 

5 national early detection and monitoring of 

6 aquatic invasive species in waters of the United 

7 States; 

8 ‘‘(B) contact locations for joining a na9 tional network of monitoring stations; 

10 ‘‘(C) approved State Management Plans 

11 under section 1204(a) and Rapid Response 

12 Contingency Strategies under subsections (b) 

13 and (c) of section 1211; and 

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

15 section 1201(a)(4).’’. 

16 TITLE IV—AQUATIC INVASIVE 

17 SPECIES RESEARCH 

18 SEC. 401. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RE19 SEARCH. 

20 (a) IN GENERAL.—Subtitle B of the Nonindigenous 

21 Aquatic Nuisance Prevention and Control Act of 1990 (16 

22 U.S.C. 4711 et seq.) (as amended by section 301) is 

23 amended by adding at the end the following: 
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1 ‘‘SEC. 1107. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL 

2 RESEARCH. 

3 ‘‘(a) DEFINITION OF ADMINISTERING AGENCIES.— 

4 ‘‘(1) IN GENERAL.—In this section and section 

5 1108, the term ‘administering agencies’ means— 

6 ‘‘(A) the Smithsonian Environmental Re7 search Center; 

8 ‘‘(B) the United States Geological Survey; 

9 and 

10 ‘‘(C) the National Oceanic and Atmos11 pheric Administration (including the Great 

12 Lakes Environmental Research Laboratory). 

13 ‘‘(2) MEMORANDUM OF UNDERSTANDING.—The 

14 administering agencies shall enter into an agreement 

15 regarding implementation of this subtitle. 

16 ‘‘(3) CONSULTATION.—In carrying out this sec17 tion, the administering agencies shall consult with— 

18 ‘‘(A) the Task Force; 

19 ‘‘(B) the Environmental Protection Agen20 cy; 

21 ‘‘(C) the United States Fish and Wildlife 

22 Service; and 

23 ‘‘(D) other appropriate Federal and State 

24 agencies. 

25 ‘‘(4) COOPERATION.—In carrying out this sec26 tion, the administering agencies shall contract, as 
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1 appropriate, or otherwise cooperate with academic 

2 researchers. 

3 ‘‘(b) PROGRAM.—The administering agencies shall 

4 develop (not later than 18 months after the date of enact5 ment of the National Aquatic Invasive Species Act of 

6 2005) and conduct a marine and freshwater research pro7 gram (including ecological and pathway surveys and ex8 perimentation) to assess rates of, patterns of, and condi9 tions surrounding introductions of nonindigenous aquatic 

10 species in aquatic ecosystems. 

11 ‘‘(c) PURPOSE.—The purpose of the program is to 

12 support efforts to prevent the introduction of, and detect 

13 and eradicate, invasive species by— 

14 ‘‘(1) providing information for— 

15 ‘‘(A) early detection and rapid response ef16 forts; and 

17 ‘‘(B) relevant policy questions; and 

18 ‘‘(2) assessing the effectiveness of implemented 

19 policies (including any standard) to prevent the in20 troduction and spread of aquatic invasive species. 

21 ‘‘(d) PROTOCOL DEVELOPMENT.—The administering 

22 agencies shall— 

23 ‘‘(1) establish standardized protocols for con24 ducting surveys that are integrated and produce 

25 comparable data, and, as practicable, build on exist-
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1 ing protocols and data collection methods (including 

2 surveys required under subsection (b)), including— 

3 ‘‘(A) protocols to support early detection 

4 surveys of nonindigenous aquatic species con5 ducted by Federal, State, or local agencies in6 volved in the management of invasive species, 

7 including surveys carried out pursuant to sec8 tion 1106; 

9 ‘‘(B) protocols to support comprehensive 

10 ecological surveys conducted under this section 

11 for purposes of research and analysis of rates 

12 and patterns of invasions; and 

13 ‘‘(C) protocols to support pathway surveys; 

14 ‘‘(2) recommend a standardized approach for 

15 classifying species; 

16 ‘‘(3) when proposing protocols, consider rec17 ommendations made at the workshop conducted 

18 under subsection (h); 

19 ‘‘(4) subject the protocols to peer review; 

20 ‘‘(5) complete the protocols not later than 1 

21 year after the date of enactment of the National 

22 Aquatic Invasive Species Act of 2005; 

23 ‘‘(6) revise protocols as necessary; and 
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1 ‘‘(7) disseminate the protocols to the Task 

2 Force and other Federal, State, and local stake3 holders. 

4 ‘‘(e) ECOLOGICAL AND PATHWAY SURVEY REQUIRE5 MENTS.— 

6 ‘‘(1) IN GENERAL.—Each comprehensive eco7 logical survey conducted under this section shall, at 

8 a minimum— 

9 ‘‘(A) document baseline ecological informa10 tion of the aquatic ecosystem, including— 

11 ‘‘(i) to the maximum extent prac12 ticable, a comprehensive inventory of na13 tive species, nonindigenous species, and 

14 species of unknown origin, present in the 

15 ecosystem; and 

16 ‘‘(ii) the chemical and physical charac17 teristics of water and underlying substrate 

18 in the ecosystem; 

19 ‘‘(B) in the case of nonindigenous species, 

20 gather information to assist in identifying— 

21 ‘‘(i) the life history of the species; 

22 ‘‘(ii) the environmental requirements 

23 and tolerances of the species; 

24 ‘‘(iii) the native ecosystems of the spe25 cies; and 
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1 ‘‘(iv) the history of the species spread 

2 from the native ecosystems of the species; 

3 ‘‘(C) track the establishment of nonindige4 nous species, including information about the 

5 estimated population of nonindigenous orga6 nisms to allow an analysis of the probable date 

7 of introduction of the species; and 

8 ‘‘(D) identify the likely pathway of entry of 

9 nonindigenous species. 

10 ‘‘(2) MINIMUM REQUIREMENTS.—Each pathway 

11 survey conducted under this section shall, at a min12 imum— 

13 ‘‘(A) identify which nonindigenous aquatic 

14 species are being introduced, or have the poten15 tial to be introduced, through the pathways 

16 under consideration; 

17 ‘‘(B) determine the rate of organism intro18 duction through the pathways under consider19 ation; and 

20 ‘‘(C) determine the practices that contrib21 uted to or could contribute to the introduction 

22 of nonindigenous aquatic species through the 

23 pathways under consideration. 

24 ‘‘(f) NUMBER AND LOCATION OF SURVEY SITES.— 
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1 ‘‘(1) REQUIRED SITES.—The administering 

2 agencies shall designate the number and location of 

3 survey sites necessary to carry out marine and fresh4 water research required under this section. 

5 ‘‘(2) EMPHASIS.—In carrying out paragraph 

6 (1) and subsection (g), the administering agencies 

7 shall give particular consideration to— 

8 ‘‘(A) the geographic diversity of sites; and 

9 ‘‘(B) the diversity of human uses and bio10 logical characteristics of sites. 

11 ‘‘(g) COMPETITIVE GRANT PROGRAM.— 

12 ‘‘(1) IN GENERAL.—In order to assist in car13 rying out subsections (b) and (i), the administering 

14 agencies (acting through the National Oceanic and 

15 Atmospheric Administration) shall administer a pro16 gram to award grants to academic institutions, State 

17 agencies, and other appropriate groups. 

18 ‘‘(2) ADMINISTRATION.—The program required 

19 under this section shall be competitive, peer-re20 viewed, and merit-based. 

21 ‘‘(h) WORKSHOP.—Not later than 120 days after the 

22 date of enactment of the National Aquatic Invasive Spe23 cies Act of 2005, to assist in the development of the proto24 cols and design for the surveys under this section, the ad25 ministering agencies shall— 
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1 ‘‘(1) convene a workshop among researchers 

2 from Federal and State agencies and academic insti3 tutions to obtain recommendations for the develop4 ment of the protocols and surveys; and 

5 ‘‘(2) make the results of the workshop widely 

6 available to the public. 

7 ‘‘(i) EXPERIMENTATION.—The administering agen8 cies shall conduct (at existing field stations and such other 

9 sites as may be appropriate) coordinated experiments on 

10 a range of taxonomic groups to identify— 

11 ‘‘(1) the relationship between the introduction 

12 and establishment of nonindigenous aquatic species; 

13 and 

14 ‘‘(2) the circumstances necessary for the species 

15 to survive and thrive. 

16 ‘‘(j) NATIONAL PATHWAYS AND ECOLOGICAL SUR17 VEYS DATABASE.— 

18 ‘‘(1) IN GENERAL.—The United States Geologi19 cal Survey shall develop, maintain, and update, in 

20 consultation and cooperation with the Smithsonian 

21 Environmental Research Center and the National 

22 Oceanic and Atmospheric Administration, a central 

23 national database of information concerning infor24 mation collected under section 1107(b). 
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1 ‘‘(2) REQUIREMENT.—The United States Geo2 logical Survey shall— 

3 ‘‘(A) make the database widely available to 

4 the public; 

5 ‘‘(B) update the database not less often 

6 than once every 90 days; 

7 ‘‘(C) coordinate the database with existing 

8 databases collecting similar information; and 

9 ‘‘(D) to the maximum extent practicable, 

10 format the databases in a manner such that the 

11 data is useful for researchers and Federal and 

12 State employees managing relevant invasive 

13 species programs.’’. 

14 (b) VESSEL PATHWAY SURVEYS.—Section 

15 1102(b)(2)(B) of Nonindigenous Aquatic Nuisance Pre16 vention and Control Act of 1990 (16 U.S.C. 

17 4712(b)(2)(B)) is amended by striking clause (ii) and in18 serting the following: 

19 ‘‘(ii) examine other potential modes 

20 for the introduction of nonindigenous 

21 aquatic species by vessel, including hull 

22 fouling.’’. 

23 SEC. 402. ANALYSIS. 

24 (a) IN GENERAL.—Subtitle B of the Nonindigenous 

25 Aquatic Nuisance Prevention and Control Act of 1990 (16 
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1 U.S.C. 4711 et seq.) (as amended by section 401(a)) is 

2 amended by adding at the end the following: 

3 ‘‘SEC. 1108. ANALYSIS. 

4 ‘‘(a) INVASION ANALYSIS.— 

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

6 after the date of enactment of the National Aquatic 

7 Invasive Species Act of 2005, and annually there8 after, the administering agencies shall analyze data 

9 collected under section 1107 and other relevant re10 search, for the purpose of preventing the introduc11 tion of, detecting, and eradicating invasive species 

12 by— 

13 ‘‘(A) providing information for early detec14 tion and rapid response efforts; 

15 ‘‘(B) providing information for relevant 

16 policy questions; and 

17 ‘‘(C) assessing the effectiveness of imple18 mented policies to prevent the introduction and 

19 spread of invasive species. 

20 ‘‘(2) CONTENTS.—The analysis required under 

21 paragraph (1) shall include, with respect to aquatic 

22 invasive species— 

23 ‘‘(A) an analysis of pathways to— 

24 ‘‘(i) identify, and characterize as

25 high-, medium-, or low-risk, regional and 
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1 national pathways for the introduction of 

2 nonindigenous aquatic species into aquatic 

3 ecosystems; 

4 ‘‘(ii) identify new and expanding path5 ways through which nonindigenous aquatic 

6 species may be introduced into aquatic eco7 systems; 

8 ‘‘(iii) identify handling practices that 

9 contribute to the introduction of species in 

10 pathways; and 

11 ‘‘(iv) assess the risk that species cur12 rently used in commerce pose for introduc13 tion into aquatic ecosystems; 

14 ‘‘(B) include patterns and rates of invasion 

15 and susceptibility to invasion of various types of 

16 bodies of water; 

17 ‘‘(C) consider the ways in which the risk of 

18 establishment of an aquatic invasive species 

19 through a pathway is related to the identity and 

20 number of organisms transported; 

21 ‘‘(D) consider rates of spread and numbers 

22 and types of pathways of spread of new popu23 lations of the aquatic invasive species and esti24 mate the potential for the spread and distribu25 tion of newly introduced invasive species based 
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1 on the environmental requirements and histor2 ical distribution of the species; 

3 ‘‘(E) document factors that influence the 

4 vulnerability of an ecosystem to invasion by a 

5 nonindigenous aquatic species; 

6 ‘‘(F) include a description of the potential 

7 for, and impacts of, pathway management pro8 grams on invasion rates; 

9 ‘‘(G) provide recommendations for im10 provements on the effectiveness of pathway 

11 management; 

12 ‘‘(H) to the extent practicable, determine 

13 the level of reduction in live organisms of var14 ious taxonomic groups required to reduce to an 

15 acceptable level the risk of establishment to re16 ceiving aquatic ecosystems; and 

17 ‘‘(I) evaluate the effectiveness of manage18 ment actions (including any standard) at reduc19 ing species introductions and establishment. 

20 ‘‘(3) REPORT.—The administering agencies 

21 shall submit to the Task Force a report on analyses 

22 conducted under this section. 

23 ‘‘(b) RESEARCH TO ASSESS THE POTENTIAL OF THE

24 ESTABLISHMENT OF INTRODUCED SPECIES.— 
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1 ‘‘(1) IN GENERAL.—Not later than 2 years 

2 after the date of enactment of the National Aquatic 

3 Invasive Species Act of 2005, the administering 

4 agencies shall develop, conduct peer review of, and 

5 submit to the Task Force a profile of the general 

6 characteristics of invasive species, in order to— 

7 ‘‘(A) predict, to the extent practicable, 

8 whether a species planned for importation is 

9 likely to invade a particular aquatic ecosystem 

10 if introduced; and 

11 ‘‘(B) support the development of the 

12 screening process authorized under section 

13 1105. 

14 ‘‘(2) RESEARCH.—In developing the profile, the 

15 administering agencies shall analyze the research 

16 conducted under section 1107 and other research as 

17 necessary to determine— 

18 ‘‘(A) characteristics of general species and 

19 ecosystems (taking into account the opportunity 

20 for introduction into any ecosystem); and 

21 ‘‘(B) circumstances that may lead to estab22 lishment of a nonindigenous aquatic organism. 

23 ‘‘(3) RECOMMENDATIONS.—Based on the pro24 file, the administering agencies shall develop and 

25 submit to the Task Force, for inclusion in the report 
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1 to Congress developed under section 1201(f)(2)(B), 

2 recommendations concerning which planned importa3 tion of nonindigenous aquatic organisms warrant re4 striction under section 1105. 

5 ‘‘SEC. 1109. DISSEMINATION. 

6 ‘‘(a) IN GENERAL.—The Invasive Species Council, in 

7 coordination with the Task Force, and the administering 

8 agencies shall disseminate the information collected under 

9 this Act to Federal, State, and local entities (including rel10 evant policymakers and private researchers with responsi11 bility over or interest in aquatic invasive species). 

12 ‘‘(b) REPORTS.—The Invasive Species Council 

13 shall— 

14 ‘‘(1) not later than 3 years after the date of en15 actment of the National Aquatic Invasive Species 

16 Act of 2005, submit to Congress a report that de17 scribes the actions and findings carried out under 

18 this Act; and 

19 ‘‘(2) at least once every 3 years thereafter or 

20 more often as necessary, update the report. 

21 ‘‘(c) RESPONSE STRATEGY.—To enable Federal, 

22 State, and local entities having responsibility for respond23 ing to the introduction of potentially harmful nonindige24 nous aquatic species to better and more rapidly respond 

25 to those introductions, the Invasive Species Council, in co-
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1 ordination with the Task Force, the administering agen2 cies, and other appropriate Federal and State agencies, 

3 shall implement a national strategy for the sharing of in4 formation collected under this Act with those entities. 

5 ‘‘(d) PATHWAY PRACTICES.—The Invasive Species 

6 Council, in coordination with the Task Force, and the ad7 ministering agencies shall disseminate information to, and 

8 develop an ongoing educational program for, pathway 

9 users (including vendors and customers) to inform those 

10 users about means by which users can prevent the inten11 tional or unintentional introduction of nonindigenous 

12 aquatic species into aquatic ecosystems. 

13 ‘‘SEC. 1110. TECHNOLOGY DEVELOPMENT DEMONSTRATION 

14 AND VERIFICATION–. 

15 ‘‘(a) ENVIRONMENTALLY SOUND TECHNOLOGY DE16 VELOPMENT, DEMONSTRATION AND VERIFICATION.— 

17 ‘‘(1) IN GENERAL.—Not later than 1 year after 

18 the date of enactment of the National Aquatic 

19 Invasive Species Act of 2005, the Administrator, in 

20 consultation with the Army Corps of Engineers and 

21 the administering agencies, shall develop and imple22 ment a grant program to fund research, develop23 ment, demonstration, and verification of environ24 mentally sound cost-effective technologies and meth25 ods to control and eradicate aquatic invasive species. 
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1 ‘‘(2) PURPOSES.—Proposals funded under this 

2 program shall— 

3 ‘‘(A) provide funds to support on-going ef4 forts of Federal, State, or local officials to con5 trol and eradicate aquatic invasive species in an 

6 environmentally sound manner; 

7 ‘‘(B) increase the number of environ8 mentally sound technologies or methods Fed9 eral, State, or local officials may use to control 

10 or eradicate aquatic invasive species; 

11 ‘‘(C) provide for the demonstration or dis12 semination of the technologies or methods to 

13 potential end-users; and 

14 ‘‘(D) verify that any technology or practice 

15 meets any appropriate criteria developed for ef16 fectiveness and environmental soundness that 

17 are established by the Administrator. 

18 ‘‘(3) PREFERENCE.—In making grants under 

19 this subsection, the Administrator shall give pref20 erence to proposals that meet criteria developed for 

21 environmental soundness that are established by the 

22 Administrator. 

23 ‘‘(4) MERIT REVIEW.—Grants awarded through 

24 this subsection shall be awarded through a competi25 tive, peer-reviewed process and shall be merit-based. 
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1 ‘‘(5) REPORT.—Not later than 3 years after the 

2 date of enactment of the National Aquatic Invasive 

3 Species Act of 2005, the Administrator shall submit 

4 to Congress a report on the program conducted 

5 under this subsection, including findings and rec6 ommendations of the Secretary with respect to tech7 nologies and methods described in paragraph (1). 

8 ‘‘(b) DISPERSAL BARRIER RESEARCH PROGRAM.—

9 Not later than 1 year after the date of enactment of the 

10 National Aquatic Invasive Species Act of 2005, the Assist11 ant Secretary, in conjunction with the Director and other 

12 appropriate Federal agencies and academic researchers, 

13 shall establish a research, development, and demonstration 

14 program— 

15 ‘‘(1) to study environmentally sound methods 

16 and technologies to reduce dispersal of aquatic 

17 invasive species through interbasin waterways; and 

18 ‘‘(2) to assess the potential for using those 

19 methods and technologies in other waterways.’’. 

20 (b) EXPANSION OF VESSEL PATHWAY TECHNOLOGY

21 DEMONSTRATION PROGRAM.—Section 1104(b) of the 

22 Nonindigenous Aquatic Nuisance Prevention and Control 

23 Act of 1990 (16 U.S.C. 4712(b)) is amended— 

24 (1) by redesignating paragraphs (4) and (5) as 

25 paragraphs (7) and (8), respectively; and 
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1 (2) by inserting after paragraph (3) the fol2 lowing: 

3 ‘‘(4) ADDITIONAL PURPOSES.—The Secretary 

4 of the Interior and the Secretary of Commerce may 

5 demonstrate and verify technologies under this sub6 section to monitor and control pathways of organism 

7 transport on vessels other than through ballast 

8 water. 

9 ‘‘(5) PRIORITY.—In making grants under this 

10 subsection, the Secretary of the Interior and the 

11 Secretary of Commerce shall give priority to tech12 nologies that meet criteria established in any testing 

13 protocol developed under the Environmental Tech14 nology Verification program of the Administrator. 

15 ‘‘(6) WORKSHOP.—The Secretary of the Inte16 rior and the Secretary of Commerce shall— 

17 ‘‘(A) hold an annual workshop to encour18 age the exchange of information between and 

19 among— 

20 ‘‘(i) principal investigators for which 

21 funds are made available under this sub22 section; and 

23 ‘‘(ii) researchers conducting research 

24 directly relating to vessel pathway tech25 nology development; and 
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1 ‘‘(B) make the results of the proceedings 

2 widely available to the public.’’. 

3 SEC. 403. VESSEL PATHWAY STANDARDS RESEARCH. 

4 Subtitle B of the Nonindigenous Aquatic Nuisance 

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

6 seq.) (as amended by section 402(a)) is amended by add7 ing at the end the following: 

8 ‘‘SEC. 1111. VESSEL PATHWAY STANDARDS RESEARCH. 

9 ‘‘(a) RESEARCH PROGRAM.— 

10 ‘‘(1) IN GENERAL.—The Secretary and the Ad11 ministrator (in coordination with the National Oce12 anic and Atmospheric Administration, the Task 

13 Force, and other appropriate Federal agencies and 

14 academic researchers) shall develop and conduct a 

15 coordinated research program to support the estab16 lishment and implementation of standards to prevent 

17 the introduction and spread of aquatic invasive spe18 cies by vessels. 

19 ‘‘(2) COMPONENTS.—The research program 

20 shall include programs to— 

21 ‘‘(A) characterize physical, chemical, and 

22 biological harbor conditions relevant to ballast 

23 discharge into waters of the United States to 

24 provide information for the design and imple-
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1 mentation of vessel vector control technologies 

2 and practices; 

3 ‘‘(B) develop testing protocols for deter4 mining the effectiveness of vector monitoring 

5 and control technologies and practices; 

6 ‘‘(C) research and demonstrate methods 

7 for mitigating the spread of aquatic invasive 

8 species by coastal voyages, including the explo9 ration of the effectiveness of alternative ex10 change zones in the near coastal areas and 

11 other methods proposed to reduce the transfers 

12 of organisms; 

13 ‘‘(D) verify the practical effectiveness of 

14 any type approval process to ensure that the 

15 process produces repeatable and accurate as16 sessments of treatment effectiveness; and 

17 ‘‘(E) evaluate the effectiveness and resid18 ual risk and environmental impacts associated 

19 with any standard established with respect to a 

20 ship pathway through experimental research. 

21 ‘‘(b) PERFORMANCE TEST.—Not later than 1 year 

22 after the date of enactment of the National Aquatic 

23 Invasive Species Act of 2005, the Secretary, in conjunc24 tion with the National Institute of Standards and Tech25 nology and the Maritime Administration, shall design a 
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1 performance test for ballast water exchange (such as a dye 

2 study) to measure the effectiveness of ballast water ex3 change. 

4 ‘‘(c) NATIONAL ACADEMY OF SCIENCES STUDY.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall enter 

6 into an agreement with the National Academy of 

7 Sciences under which the Academy shall— 

8 ‘‘(A) identify the relative risk of transfer of 

9 various taxonomic groups of invasive species by 

10 different vessel modes; 

11 ‘‘(B)(i) assess the extent to which a ballast 

12 water standard that virtually eliminates the risk 

13 of introduction of invasive species by ballast 

14 water may relate to the risk of introductions by 

15 all vessel modes; and 

16 ‘‘(ii) explain the degree of uncertainty in 

17 such an assessment; and 

18 ‘‘(C)(i) recommend methods for reducing 

19 the transfers of invasive species by vessels by 

20 addressing all parts and systems of vessels and 

21 all related modes of transport of invasive orga22 nisms; and 

23 ‘‘(ii) identify the research, development, 

24 and demonstration needed to improve the infor-
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1 mation base to support those methods, includ2 ing economic information. 

3 ‘‘(2) REPORT.—Not later than 2 years after the 

4 date of enactment of the National Aquatic Invasive 

5 Species Act of 2005, the Secretary shall submit to 

6 Congress a report that describes the results of the 

7 study under paragraph (1). 

8 ‘‘(3) IMPLEMENTATION OF RECOMMENDA9 TIONS.—Not later than the later of the date that is 

10 1 year after the date of submission of the report 

11 under paragraph (2) or the date that is 3 years after 

12 the date of enactment of the National Aquatic 

13 Invasive Species Act of 2005, the Task Force, in 

14 conjunction with the Administrator, administering 

15 agencies, and other appropriate Federal agencies, 

16 shall submit to the Secretary a report that describes 

17 recommendations for— 

18 ‘‘(A) a vessel pathway treatment standard 

19 that incorporates all potential modes of transfer 

20 by vessel; and 

21 ‘‘(B) methods for type approval and accu22 rate monitoring of treatment performance that 

23 are simple and streamlined and follow estab24 lished protocols. 

25 ‘‘(d) WORKING GROUP.— 
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1 ‘‘(1) IN GENERAL.—Not later than 2 years 

2 after the date of issuance by the Secretary of any 

3 standard relating to the introduction by vessels of 

4 invasive species, the Secretary shall convene a work5 ing group (including the Administrator, the admin6 istering agencies, and other appropriate Federal and 

7 State agencies and academic researchers) to evaluate 

8 the effectiveness of that standard and accompanying 

9 implementation protocols. 

10 ‘‘(2) DUTIES.—The duties of the working group 

11 shall include, at a minimum— 

12 ‘‘(A) reviewing the effectiveness of the 

13 standard in reducing the establishment of 

14 invasive species in aquatic ecosystems, taking 

15 into consideration the data collected under sec16 tion 1107; and 

17 ‘‘(B) submitting recommendations to the 

18 Secretary (who shall make the recommenda19 tions widely available to the public) for the revi20 sion of the standard and type approval process 

21 in order to ensure— 

22 ‘‘(i) effectiveness in reducing introduc23 tions of invasive species; and 

24 ‘‘(ii) the effectiveness of accurate 

25 shipboard monitoring of treatment per-
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1 formance in a simple and streamlined man2 ner.’’. 

3 SEC. 404. GRADUATE EDUCATION IN SYSTEMATICS AND 

4 TAXONOMY. 

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 403) is amended by adding 

8 at the end the following: 

9 ‘‘SEC. 1112. RESEARCH IN SYSTEMATICS AND TAXONOMY. 

10 ‘‘(a) IN GENERAL.—The National Science Founda11 tion shall establish a program to award grants to research12 ers at institutions of higher education and museums to 

13 carry out research in systematics and taxonomy. 

14 ‘‘(b) PURPOSES.—The purposes of the program 

15 are— 

16 ‘‘(1) to encourage scientists to pursue careers 

17 in systematics and taxonomy to ensure a continuing 

18 knowledge base in those disciplines; 

19 ‘‘(2) to ensure that there will be adequate ex20 pertise in systematics and taxonomy to meet Fed21 eral, State, and local needs to identify invasive spe22 cies; 

23 ‘‘(3) to develop that expertise throughout the 

24 United States with an emphasis on regional diver25 sity; and 
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1 ‘‘(4) to draw on existing expertise in system2 atics and taxonomy at institutions of higher edu3 cation and museums to train the next generation of 

4 systematists and taxonomists. 

5 ‘‘(c) ADMINISTRATION.— 

6 ‘‘(1) MERIT REVIEW.—Grants awarded through 

7 this section shall be awarded through a competitive, 

8 peer-reviewed process and shall be merit-based. 

9 ‘‘(2) PREFERENCES.—In making grants under 

10 this section, the National Science Foundation shall 

11 provide a preference for— 

12 ‘‘(A) projects in a diverse set of ecosystems 

13 and geographic locations; 

14 ‘‘(B) if applicable, projects that are inte15 grated with the Long Term Ecological Research 

16 Network created by the National Science Foun17 dation; 

18 ‘‘(C) projects that include student partici19 pation; and 

20 ‘‘(D) projects carried out by institutions of 

21 higher education and museums that actively 

22 train students to become experts in systematics 

23 and taxonomy.’’. 
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1 TITLE V—COORDINATION 

2 SEC. 501. 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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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 cov7 ered by section 42 of title 18, United 

8 States Code (including regulations); or 

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

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

11 seq.) (including regulations promulgated 

12 under that Act contained in part 360 of 

13 title 7, Code of Federal Regulations (or 

14 any successor regulations)). 

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

16 the screening process developed pursuant to 

17 section 1105 to identify species pursuant to 

18 subparagraph (A).’’. 

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

20 Nonindigenous Aquatic Nuisance Prevention and Control 

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

22 the end the following: 

23 ‘‘(d) ANNUAL INTER-REGIONAL MEETING.—The 

24 Task Force shall annually convene all regional panels es25 tablished pursuant to this Act for the purpose of informa-
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1 tion transfer between and among panels, and between the 

2 panels and the Task Force, regarding aquatic invasive 

3 species management. 

4 ‘‘(e) ORGANIZATIONS.— 

5 ‘‘(1) IN GENERAL.—An interstate organization 

6 that has a Federal charter authorized by law or ex7 ecutive order for purposes of fisheries or natural re8 source management may develop and implement— 

9 ‘‘(A) regional aquatic invasive species man10 agement plans; and 

11 ‘‘(B) rapid response activities that are— 

12 ‘‘(i) requested by the Governors of the 

13 member States of the organization; and 

14 ‘‘(ii) consistent with any relevant 

15 State aquatic invasive species management 

16 plans. 

17 ‘‘(2) FUNDS.—The interstate organization may 

18 receive funds under this Act to implement activities 

19 under the regional aquatic invasive species manage20 ment plan of the organization.’’. 

21 (e) STATE AQUATIC INVASIVE SPECIES MANAGE22 MENT PLANS.—Section 1204(a) of the Nonindigenous 

23 Aquatic Nuisance Prevention and Control Act of 1990 (16 

24 U.S.C. 4724(a)) is amended— 

25 (1) in paragraph (2)— 
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1 (A) in subparagraph (A), by inserting be2 fore the semicolon at the end the following: ‘‘, 

3 including, in accordance with guidelines issued 

4 by the Task Force under paragraph (5)— 

5 ‘‘(i) rapid assessment and response 

6 contingency strategies under section 1211; 

7 ‘‘(ii) early detection strategies under 

8 section 1211(b)(4); 

9 ‘‘(iii) aquatic plant control programs 

10 conducted pursuant to other laws; and 

11 ‘‘(iv) screening of planned introduc12 tions pursuant to section 1105’’; and 

13 (B) in subparagraph (D), by inserting ‘‘in14 clude’’ after ‘‘(D)’’; and 

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

16 ‘‘(5) GUIDELINES.— 

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

18 after the date of enactment of the National 

19 Aquatic Invasive Species Act of 2005, the Task 

20 Force shall amend the guidelines of the Task 

21 Force for the development of plans under this 

22 subsection, including guidelines for reporting 

23 progress in implementing the plans, to encour24 age consistency in implementation of and re25 porting under those plans. 
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1 ‘‘(B) GUIDELINES.—The guidelines pub2 lished under subparagraph (A) shall include, for 

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

4 concerning— 

5 ‘‘(i) rapid response contingency strate6 gies under section 1211; 

7 ‘‘(ii) early detection strategies under 

8 section 1211(b)(4); 

9 ‘‘(iii) aquatic plant control programs 

10 conducted pursuant to other laws; 

11 ‘‘(iv) screening of planned introduc12 tions pursuant to section 1105; and 

13 ‘‘(v) the review and revision of re14 quirements of this subsection and the re15 approval process under this subsection. 

16 ‘‘(6) RELATIONSHIPTO OTHER PLANS.— 

17 ‘‘(A) IN GENERAL.—A plan approved 

18 under paragraph (4) shall be deemed to meet 

19 any State planning requirement of the program 

20 established under section 104 of the River and 

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

22 to control noxious aquatic plant growths. 

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

24 States for implementation of plans pursuant to 

25 section 1204 may be used by States to enforce 
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1 requirements relating to aquatic invasive species 

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

3 et seq.) (including regulations promulgated 

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

5 Code of Federal Regulations (or any successor 

6 regulations)). 

7 ‘‘(7) ELIGIBILITY OF EXISTING PLANS.—A plan 

8 approved under this section as of the day imme9 diately before the date of enactment of the National 

10 Aquatic Invasive Species Act of 2005 shall be eligi11 ble to receive a grant awarded under this section. 

12 ‘‘(8) REVIEW AND REVISION.— 

13 ‘‘(A) IN GENERAL.—Each State shall peri14 odically review and, as necessary, revise the 

15 management plan of the State in accordance 

16 with guidelines of the Task Force. 

17 ‘‘(B) UPDATE OF EXISTING PLANS.—A 

18 plan approved under this section as of the day 

19 immediately before the date of enactment of the 

20 National Aquatic Invasive Species Act of 2005 

21 shall be updated after the date of enactment of 

22 the National Aquatic Invasive Species Act of 

23 2005 to conform to the guidelines published 

24 under paragraph (5). 
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1 ‘‘(9) OTHER STATE MANAGEMENT PLANS.—In 

2 addition to the management plans required under 

3 this subsection, the Director shall encourage each 

4 State to develop and implement new, and expand ex5 isting, State management plans to improve State ac6 tions to prevent and control aquatic invasive spe7 cies.’’. 

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

9 Nonindigenous Aquatic Nuisance Prevention and Control 

10 Act of 1990 (16 U.S.C. 4724(b)(1)) is amended by strik11 ing ‘‘subsection (a) for the implementation of those 

12 plans.’’ and inserting the following: ‘‘subsection (a)— 

13 ‘‘(A) to develop those plans with a total 

14 amount that does not exceed 10 percent of the 

15 amounts made available for grants under this 

16 section for each fiscal year; and 

17 ‘‘(B) to implement those plans.’’. 

18 SEC. 502. INTERNATIONAL COORDINATION. 

19 (a) IN GENERAL.—Subtitle E of the Nonindigenous 

20 Aquatic Nuisance Prevention and Control Act of 1990 (16 

21 U.S.C. 4751 et seq.) is amended— 

22 (1) by striking the subtitle heading and insert23 ing the following: 

24 ‘‘Subtitle E—Administration’’; 

25 and 
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1 (2) by adding at the end the following: 

2 ‘‘SEC. 1402. INTERNATIONAL COORDINATION. 

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

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

5 maximum extent practicable, ensure that international ef6 forts to prevent, detect, monitor, assess, and control 

7 aquatic invasive species (including through the Inter8 national Maritime Organization, the International Con9 vention on the Exploration of the Sea, the Global Invasive 

10 Species Program, and other appropriate programs) are co11 ordinated with policies of the United States established by 

12 this Act. 

13 ‘‘(b) COORDINATION WITH NEIGHBORING COUN14 TRIES.— 

15 ‘‘(1) IN GENERAL.—The Task Force, in con16 sultation with the Secretary of State, shall include in 

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

18 of the means by which international agreements and 

19 regulations with countries that share a border with 

20 the United States will be implemented and enforced 

21 by Federal agencies (including a clarification of the 

22 roles and responsibilities of those agencies). 

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

24 after the date of enactment of the National Aquatic 
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1 Invasive Species Act of 2005, the Secretary of State 

2 may enter into negotiations with— 

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

4 International Joint Commission, not later than 

5 18 months after the date of enactment of that 

6 Act, review, research, conduct hearings on, and 

7 submit to the parties represented on the Inter8 national Joint Commission a report that de9 scribes the success of current policies of govern10 ments in the United States and Canada having 

11 jurisdiction over the Great Lakes in antici12 pating and preventing biological invasions of 

13 the aquatic ecosystem in the Great Lakes, in14 cluding— 

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

16 State or Provincial, local, and international 

17 laws, enforcement practices, and agree18 ments; 

19 ‘‘(ii) an analysis of prevention efforts 

20 relating to all likely pathways for biological 

21 invasions of the aquatic ecosystem in the 

22 Great Lakes; and 

23 ‘‘(iii) recommendations of the Inter24 national Joint Commission for means by 

25 which to improve and harmonize the poli-
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1 cies and enforcement practices referred to 

2 in clause (i); and 

3 ‘‘(B) Mexico, to ensure coordination of ef4 forts of the United States with efforts of Mex5 ico to manage invasive species established in the 

6 United States-Mexico border region.’’. 

7 TITLE VI—AUTHORIZATION OF 

8 APPROPRIATIONS 

9 SEC. 601. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 1301 of the Nonindigenous Aquatic Nuisance 

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

12 amended to read as follows: 

13 ‘‘SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. 

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

15 this section, there are authorized to be appropriated such 

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

17 fiscal years 2006 through 2010. 

18 ‘‘(b) TASK FORCE AND AQUATIC INVASIVE SPECIES

19 PROGRAM.—There are authorized to be appropriated for 

20 each of fiscal years 2006 through 2010— 

21 ‘‘(1) $8,000,000, to carry out activities of the 

22 Task Force under section 1202, of which— 

23 ‘‘(A) $4,000,000 shall be used by the Di24 rector; 
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1 ‘‘(B) $3,000,000 shall be used by the Na2 tional Oceanic and Atmospheric Administration; 

3 and 

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

5 Invasive Species Council; 

6 ‘‘(2) $30,000,000, to provide grants under sec7 tion 1204(b); 

8 ‘‘(3) $3,000,000, to provide assistance to the 

9 regional panels of the Task Force; and 

10 ‘‘(4) $1,000,000, to be used by the Director to 

11 carry out section 1105(g). 

12 ‘‘(c) INTERNATIONAL COORDINATION.—There is au13 thorized to be appropriated to the Department of State 

14 to carry out section 1403 $1,000,000 for each of fiscal 

15 years 2006 through 2010. 

16 ‘‘(d) PREVENTION OF INTRODUCTION BY VESSELS

17 OF AQUATIC INVASIVE SPECIES INTO WATERS OF THE

18 UNITED STATES.—There are authorized to be appro19 priated for each of fiscal years 2006 through 2010— 

20 ‘‘(1) $6,000,000, to be used by the Secretary to 

21 carry out section 1101; 

22 ‘‘(2) $2,500,000, to be used by the Adminis23 trator to carry out section 1101; and 

24 ‘‘(3) $2,750,000, to be used by the Task Force 

25 to carry out section 1101, of which— 
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1 ‘‘(A) $1,500,000 shall be used by the Di2 rector; and 

3 ‘‘(B) $1,250,000 shall be used by the Na4 tional Oceanic and Atmospheric Administration. 

5 ‘‘(e) PREVENTION OF THE INTRODUCTION BY NON6 VESSEL PATHWAYS OF AQUATIC INVASIVE SPECIES INTO

7 WATERS OF THE UNITED STATES.—There are authorized 

8 to be appropriated for each of fiscal years 2006 through 

9 2010— 

10 ‘‘(1) $5,000,000, to carry out the priority path11 way management program under section 1210, of 

12 which— 

13 ‘‘(A) $2,000,000 shall be used by the Na14 tional Oceanic and Atmospheric Administration; 

15 and 

16 ‘‘(B) $3,000,000 shall be used by the Di17 rector; 

18 ‘‘(2) $1,000,000, to be used by the Invasive 

19 Species Council to establish screening guidelines 

20 under section 1105(b); and 

21 ‘‘(3) $3,500,000, to be used by the Director to 

22 promulgate and implement screening requirements 

23 under section 1105(g). 

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

25 is authorized to be appropriated, to carry out early detec-
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1 tion, monitoring, and survey planning and implementation 

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

3 2006 and 2007 and $10,000,000 for each of fiscal years 

4 2008 through 2010, of which— 

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

6 ‘‘(A) $1,000,000 shall be used by the Na7 tional Oceanic and Atmospheric Administration; 

8 and 

9 ‘‘(B) $1,000,000 shall be used by the Di10 rector; and 

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

12 2010— 

13 ‘‘(A) $5,000,000 shall be used by the Na14 tional Oceanic and Atmospheric Administration; 

15 and 

16 ‘‘(B) $5,000,000 shall be used by the Di17 rector. 

18 ‘‘(g) CONTAINMENT AND CONTROL.— 

19 ‘‘(1) DISPERSAL BARRIERS.—There are author20 ized to be appropriated for each of fiscal years 2006 

21 through 2010— 

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

23 Secretary in carrying out operation and mainte24 nance of the Chicago River Canal Dispersal 

25 Barrier under section 1202(j)(1); 
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1 ‘‘(B) $1,800,000, to be used by the Assist2 ant Secretary in carrying out the complete con3 struction of the Chicago River Canal Dispersal 

4 Barrier; 

5 ‘‘(C) $8,000,000, to be used by the Assist6 ant Secretary for the construction of a second 

7 long-service life barrier for the Chicago River 

8 Canal; 

9 ‘‘(D) $500,000, to be used by the Assist10 ant Secretary to carry out a feasibility study for 

11 the construction described in subparagraph (C); 

12 and 

13 ‘‘(E) $2,150,000, to be used by the Direc14 tor to carry out the monitoring program under 

15 section 1202(j)(2). 

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

17 to be appropriated for each of fiscal years 2006 

18 through 2010— 

19 ‘‘(A) $25,000,000, to the Emergency 

20 Rapid Response Fund established under section 

21 1211(a), to remain available until expended; 

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

23 Invasive Species Council in developing the State 

24 and regional rapid response contingency strat25 egy under section 1211; and 
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1 ‘‘(C) $1,500,000, to be used for Federal 

2 rapid response teams under section 1211(f), of 

3 which— 

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

5 National Oceanic and Atmospheric Admin6 istration; and 

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

8 Director. 

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

10 authorized to be appropriated for establishment 

11 under section 1202(k) of criteria for the improve12 ment of treatment methods for aquatic invasive spe13 cies $600,000 for each of fiscal years 2006 through 

14 2010. 

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

16 There are authorized to be appropriated for each of fiscal 

17 years 2006 through 2010— 

18 ‘‘(1) $500,000, to be used by the Secretary of 

19 the Interior to carry out the information and edu20 cation program under section 1202(h)(2)(D); 

21 ‘‘(2) $750,000, to be used by the Director in 

22 carrying out the 100th meridian program under sec23 tion 1202(h)(2)(C); 
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1 ‘‘(3) $2,000,000, to be used to carry out infor2 mational and educational activities of the Task 

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

4 ‘‘(A) $1,000,000 shall be used by the Na5 tional Oceanic and Atmospheric Administration; 

6 and 

7 ‘‘(B) $1,000,000 shall be used by the Di8 rector; and 

9 ‘‘(4) $500,000, to be used by the National Oce10 anic and Atmospheric Administration to carry out 

11 section 1202(h)(2)(B)(ii). 

12 ‘‘(i) RESEARCH.— 

13 ‘‘(1) ECOLOGICAL AND PATHWAY RESEARCH

14 AND ANALYSIS.—There are authorized to be appro15 priated for each of fiscal years 2006 through 2010— 

16 ‘‘(A) $17,000,000, to be used by the Na17 tional Oceanic and Atmospheric Administration 

18 to carry out sections 1107 and 1108, of which 

19 $13,000,000 shall be used to carry out the 

20 grant program under section 1107(g)); 

21 ‘‘(B) $4,000,000, to be used by the Smith22 sonian Environmental Research Center to carry 

23 out sections 1107 and 1108; 

24 ‘‘(C) $4,500,000, to be used by the United 

25 States Geological Survey to carry out sections 
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1 1107 and 1108, of which $500,000 shall be 

2 used to develop, maintain, and update the data3 base required under section 1107(j)); and 

4 ‘‘(D) $1,650,000, to be used by the Great 

5 Lakes Environmental Research Laboratory to 

6 carry out the demonstration program under sec7 tion 1202(i). 

8 ‘‘(2) DISSEMINATION.—There is authorized to 

9 be appropriated to provide for the dissemination of 

10 information by the Invasive Species Council under 

11 section 1109 $500,000 for each of fiscal years 2006 

12 through 2010. 

13 ‘‘(3) TECHNOLOGY DEVELOPMENT, DEM14 ONSTRATION, AND VERIFICATION.—There are au15 thorized to be appropriated for each of fiscal years 

16 2006 through 2010— 

17 ‘‘(A) $2,500,000, to be used by the Admin18 istrator for the purposes of environmental 

19 soundness screening and improvement under 

20 section 1110(a); 

21 ‘‘(B) $1,000,000, to be used by the Assist22 ant Secretary to carry out the program under 

23 section 1110(b); and 
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1 ‘‘(C) $7,500,000, to carry out vessel path2 way technology development under sections 

3 1104 and 1301(e). 

4 ‘‘(4) VESSEL PATHWAY STANDARDS RE5 SEARCH.—There are authorized to be appro6 priated— 

7 ‘‘(A) for each of fiscal years 2006 through 

8 2010, $3,000,000, to be used for research in 

9 support of vessels pathway standards and tech10 nology evaluation under section 1111(a) of 

11 which— 

12 ‘‘(i) $1,500,000 shall be used by the 

13 Administrator; and 

14 ‘‘(ii) $2,000,000 shall be used by the 

15 Secretary of the Coast Guard; 

16 ‘‘(B) for each of fiscal years 2006 through 

17 2008, $500,000, to be used by the Coast Guard 

18 to carry out the performance test required 

19 under section 1111(b); and 

20 ‘‘(C) for fiscal year 2006, $500,000, to be 

21 used by the Secretary of the Coast Guard to 

22 enter into an agreement with the National 

23 Academy of Sciences to carry out the study re24 quired under section 1111(c). 
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1 ‘‘(5) RESEARCH IN SYSTEMATICS AND TAX2 ONOMY.—There is authorized to be appropriated for 

3 the National Research Foundation to provide re4 search grants for systematics and taxonomy under 

5 section 1112 $2,500,000 for each of fiscal years 

6 2006 through 2010.’’. 

7 TITLE VII—CONFORMING 

8 AMENDMENTS 

9 SEC. 701. CONFORMING AMENDMENTS. 

10 (a) IN GENERAL.—The Nonindigenous Aquatic Nui11 sance Prevention and Control Act of 1990 is amended— 

12 (1) in section 1102 (16 U.S.C. 4712)— 

13 (A) in subsection (a), by striking the sub14 section heading and inserting the following: 

15 ‘‘(a) STUDIES ON INTRODUCTION OF AQUATIC

16 INVASIVE SPECIES BY VESSELS.—’’; and 

17 (B) in subsection (b)— 

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

19 (ii) by redesignating paragraphs (2) 

20 and (3) as paragraphs (1) and (2), respec21 tively; 

22 (2) in subtitle C (16 U.S.C. 4721 et seq.), by 

23 striking the subtitle heading and inserting the fol24 lowing: 
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1 ‘‘Subtitle C—Prevention and Con2 trol of Aquatic Invasive Species 

3 Dispersal’’; 

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

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

6 Species’’; 

7 (4) 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 (5) 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 (6) 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