I 
108TH CONGRESS 
1ST SESSION H. R. 1080
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act 
of 1990 to reauthorize and improve that Act. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2003
Mr. GILCHREST (for himself, Mr. EHLERS, Mr. BAIRD, Mr. HOEKSTRA, Mr. 
ORTIZ, Mrs. BIGGERT, Mr. KIRK, Mr. KILDEE, Mr. CAMP, Mr. MCHUGH, 
Mr. EMANUEL, Ms. SLAUGHTER, Mr. ROGERS
of Michigan, Mr. 
ENGLISH, Mr. FARR, Mr. CUMMINGS, Mr. LEVIN, Mr. STUPAK, Mr. 
SCOTT of Virginia, Mr. ABERCROMBIE, Mr. QUINN, Mr. SMITH of Wash-
ington, Mr. GEORGE MILLER of California, Mrs. MALONEY, Mr. DIN-
GELL, Ms. KAPTUR, Ms. LEE, Mr. SAXTON, Mr. DICKS, Ms. BORDALLO, 
Mr. VISCLOSKY, Mr. WALSH, Mr. UPTON, Mr. GILLMOR, Mr. SMITH of 
Michigan, Mr. CASE, Mr. BOEHLERT, Mr. BROWN of Ohio, Mr. GREEN-
WOOD, Mr. PALLONE, Mr. MARKEY, Mr. DELAHUNT, Mr. CARDIN, Mr. 
ALLEN, Mrs. MILLER of Michigan, Mr. BLUMENAUER, Mr. INSLEE, Mr. 
HOUGHTON, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MCCOTTER, Ms. 
BALDWIN, Mr. LEACH, Mr. MCDERMOTT, Mr. NEAL of Massachusetts, 
Mr. KNOLLENBERG, Mr. TOWNS, Mr. HONDA, Mr. LIPINSKI, Mr. 
WEINER, Mr. KIND, Mr. EVANS, Ms. LOFGREN, Mr. KLECZKA, Mr. BER-
MAN, Mr. FALEOMAVAEGA, Mr. SIMMONS, and Mr. LATOURETTE) intro-
duced the following bill; which was referred to the Committee on Trans-
portation and Infrastructure, and in addition to the Committee on Re-
sources, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To amend the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 to reauthorize and improve 
that Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Aquatic Invasive Species Act of 2003’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
TITLE I—PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE 
SPECIES INTO WATERS OF THE UNITED STATES BY VESSELS 
Sec. 101. Vessel pathway requirements. 
Sec. 102. Requirements for new vessels. 
Sec. 103. Great Lakes program. 
Sec. 104. Authority of Secretary; regulations. 
Sec. 105. Sanctions. 
Sec. 106. Program coordination. 
Sec. 107. Vessel safety. 
Sec. 108. Relationship to other law. 
Sec. 109. Armed services whole vessel management program. 
Sec. 110. Conforming amendments. 
TITLE II—PREVENTION OF THE INTRODUCTION OF AQUATIC 
INVASIVE SPECIES BY OTHER PATHWAYS 
Sec. 201. Priority pathway management program. 
Sec. 202. Screening process for planned importations of live aquatic organisms. 
TITLE III—EARLY DETECTION; RAPID RESPONSE; CONTROL AND 
OUTREACH 
Sec. 301. Early detection. 
Sec. 302. Rapid response. 
Sec. 303. Dispersal barriers. 
Sec. 304. Environmental soundness. 
Sec. 305. Specific invasive species control programs. 
Sec. 306. Information, education, and outreach. 
TITLE IV—COORDINATION 
Sec. 401. Program coordination. 
Sec. 402. International coordination. 
TITLE V—AUTHORIZATION OF APPROPRIATIONS 
Sec. 501. Authorization of appropriations.
TITLE VI—CONFORMING AMENDMENTS 
Sec. 601. Conforming amendments.
SEC. 2. FINDINGS. 
The Congress finds that—
(1) invasive species can cause devastating de-
clines in local, regional, and national species diver-
sity; 
(2) aquatic invasive species continue to be in-
troduced into water of the United States; 
(3) aquatic invasive species damage infrastruc-
ture, disrupt commerce, outcompete native species, 
reduce biodiversity, and threaten human health; 
(4) the direct and indirect costs of aquatic 
invasive species to the economy of the United States 
amount to billions of dollars per year; 
(5) in the Great Lakes region, approximately 
$3,000,000,000 has been spent in the past 10 years 
to mitigate the damage caused by a single invasive 
species, the zebra mussel; 
(6) recent studies have—
(A) demonstrated that, in addition to eco-
nomic damage, invasive species can cause enor-
mous ecological damage; and 
(B) cited invasive species as the second 
leading threat to endangered species;
(7) over the past 200 years, the rate of detected 
marine and freshwater invasions in North America 
has increased exponentially; 
(8) wetlands suffer compound impacts from—
(A) terrestrial infestations (such as Nu-
tria); 
(B) aquatic infestations (such as Hydrilla); 
and 
(C) riparian infestations (such as Purple 
Loosestrife); 
(9) the rate of invasions continues to be unac-
ceptable; 
(10) infestations by aquatic invasive species 
often spread and cause significant, negative regional, 
national, and international effects; 
(11) prevention of aquatic invasive species is 
the most environmentally sound and cost-effective 
management approach because once established, 
aquatic invasive species are costly, and sometimes 
impossible to control; 
(12) to be effective, the prevention, early detec-
tion, and control of and rapid response to aquatic 
invasive species should be coordinated regionally, na-
tionally, and internationally;
(13) research underlies every aspect of detect-
ing, preventing, controlling, and eradicating invasive 
species, educating citizens and stakeholders, and re-
storing ecosystems; 
(14) pathway management is the most prom-
ising approach to reducing unplanned introductions 
of aquatic invasive species; 
(15) consistent national screening criteria are 
needed to evaluate the potential risk of nonnative 
aquatic species; 
(16) States and regions have specific problems 
with respect to aquatic invasive species and re-
sources for addressing aquatic invasive species;
(17) an emphasis on research, development, and 
demonstration to support prevention efforts would 
likely result in a more cost-effective and successful 
approach to combating invasive species through pre-
venting initial introduction; 
(18) research, development, and demonstration 
to support prevention includes monitoring of path-
ways and ecosystems to track the introduction and 
establishment of invasive species, analysis of that 
data, and development and testing of technologies to 
prevent introduction through known pathways;
(19) the Aquatic Nuisance Species Task Force 
established by section 1201(a) of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4721(a)) has been directed by the 
Congress to coordinate interagency responses to
aquatic invasive species, but the provision of addi-
tional direction, and assignment of specific respon-
sibilities, to various Federal agencies would accel-
erate those responses; and 
(20) it is in the interest of the United States 
to conduct a comprehensive and thorough research, 
development, and demonstration program on aquatic 
invasive species in order to better understand how 
aquatic invasive species are introduced and become 
established and to support efforts to prevent the in-
troduction and establishment of those species. 
SEC. 3. DEFINITIONS. 
Section 1003 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4702) is 
amended to read as follows: 
‘‘SEC. 1003. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency.
‘‘(2) AQUATIC
ECOSYSTEMS
IN
THE
UNITED 
STATES.—The term ‘aquatic ecosystems in the 
United States’ means freshwater, marine, and estua-
rine environments (including inland waters and wet-
lands), located in waters of the United States. 
‘‘(3) ASSISTANT
SECRETARY.—The term ‘As-
sistant Secretary’ means the Assistant Secretary of 
the Army for Civil Works. 
‘‘(4) BALLAST
WATER.—The term ‘ballast 
water’ means any water (with its suspended matter) 
used to maintain the trim and stability of a vessel. 
‘‘(5) COASTAL VOYAGE.—The term ‘coastal voy-
age’ means a voyage conducted entirely within the 
exclusive economic zone. 
‘‘(6) DIRECTOR.—The term ‘Director’ means 
the Director of the United States Fish and Wildlife 
Service. 
‘‘(7) ENVIRONMENTALLY
SOUND.—The term 
‘environmentally sound’, when used in reference to 
any activity or thing, refers to an activity or thing 
that prevents, entirely or in part, introductions, or 
controls infestations, of aquatic invasive species in a 
manner that—
‘‘(A) minimizes adverse effects on—
‘‘(i) the structure and function of an 
ecosystem; and 
‘‘(ii) nontarget organisms and eco-
systems; and 
‘‘(B) emphasizes the use of integrated pest 
management techniques. 
‘‘(8) EXCLUSIVE ECONOMIC ZONE.—The term 
‘exclusive economic zone’ means the area comprised 
of—
‘‘(A) the Exclusive Economic Zone of the 
United States established by Proclamation 
Number 5030, dated March 10, 1983; and 
‘‘(B) the equivalent zones of Canada and 
Mexico. 
‘‘(9) GREAT LAKE.—The term ‘‘Great Lake’’ 
means—
‘‘(A) Lake Erie; 
‘‘(B) Lake Huron (including Lake Saint 
Clair); 
‘‘(C) Lake Michigan; 
‘‘(D) Lake Ontario; 
‘‘(E) Lake Superior; 
‘‘(F) the connecting channels of those 
Lakes, including—
‘‘(i) the Saint Mary’s River;
‘‘(ii) the Saint Clair River; 
‘‘(iii) the Detroit River; 
‘‘(iv) the Niagara River; and 
‘‘(v) the Saint Lawrence River to the 
Canadian border; and 
‘‘(G) any other body of water located with-
in the drainage basin of a Lake, River, or con-
necting channel described in any of subpara-
graphs (A) through (F). 
‘‘(10) GREAT LAKES REGION.—The term ‘Great 
Lakes region’ means the region comprised of the 
States of Illinois, Indiana, Michigan, Minnesota, 
New York, Ohio, Pennsylvania, and Wisconsin. 
‘‘(11) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
‘‘(12) 
INTERBASIN
WATERWAY.—The 
term 
‘interbasin waterway’ means a waterway that con-
nects 2 distinct water basins. 
‘‘(13) INTERNATIONAL
JOINT
COMMISSION.—
The term ‘International Joint Commission’ means 
the commission established by article VII of the 
Treaty relating to boundary waters and questions 
arising along the boundary between the United
States and Canada, signed at Washington on Janu-
ary 11, 1909 (36 Stat. 2448; TS 548). 
‘‘(14) INTERSTATE ORGANIZATION.—The term 
‘interstate organization’ means an entity that—
‘‘(A) is established by—
‘‘(i) an interstate compact approved 
by the Congress; 
‘‘(ii) an Act of Congress; or 
‘‘(iii) an international agreement to 
which the United States is a party; 
‘‘(B)(i) represents 2 or more—
‘‘(I) States (or political subdivisions of 
States); or 
‘‘(II) Indian tribes; 
‘‘(ii) represents—
‘‘(I) 1 or more States (or political 
subdivisions of States); and 
‘‘(II) 1 or more Indian tribes; or 
‘‘(iii) represents the Federal Government 
and 1 or more foreign governments; and 
‘‘(C) has jurisdiction over, serves as a 
forum for coordinating, or otherwise has a role 
or responsibility for the management of, any 
land or other natural resource.
‘‘(15) INTRODUCTION.—The term ‘introduction’ 
means the transfer of an organism to an ecosystem 
outside the historic range of the species of which the 
organism is a member. 
‘‘(16) INVASION.—The term ‘invasion’ means 
an infestation of an aquatic invasive species.
‘‘(17) INVASIVE SPECIES.—The term ‘invasive 
species’ means a nonindigenous species the introduc-
tion of which into an ecosystem may cause harm to 
the economy, environment, human health, recreation, 
or public welfare.
‘‘(18) INVASIVE SPECIES COUNCIL.—The term 
‘Invasive Species Council’ means the interagency 
council established by section 3 of Executive Order 
No. 13112 (42 U.S.C. 4321 note). 
‘‘(19) NEW SOURCE.—The term ‘new source’ 
means any source of nonnative species that may be 
introduced by construction that is commenced after 
the publication of a proposed regulation prescribing 
a standard of performance under this Act that is ap-
plicable to the source, if the standard is subse-
quently promulgated in accordance with this Act. 
‘‘(20) NONINDIGENOUS
SPECIES.—The term 
‘nonindigenous species’ means any species in an eco-
system that enters that ecosystem from outside the 
historic range of the species.
‘‘(21) ORGANISM IN TRADE.—The term ‘orga-
nism in trade’ means an organism of a species or 
subspecies that has a documented history of being 
commercially imported into the United States in the 
period beginning on January 1, 1990, and ending on 
January 1, 2002.
‘‘(22) ORGANISM TRANSFER.—The term ‘orga-
nism transfer’ means the movement of an organism 
of any species from one ecosystem to another eco-
system. 
‘‘(23) PATHWAY.—The term ‘pathway’ means 1 
or more routes by which an invasive species is trans-
ferred from one ecosystem to another.
‘‘(24) PILOT
SCALE
TEST.—The term ‘pilot 
scale test’ means a test—
‘‘(A) that is conducted at less than full-
scale; and 
‘‘(B) the results of which can potentially 
be extrapolated to the full scale. 
‘‘(25) 
PLANNED
IMPORTATION.—The 
term 
‘planned importation’ means the purposeful move-
ment of a species into the territorial limits of the 
United States.
‘‘(26) REGIONAL PANEL.—The term ‘regional 
panel’ means a panel convened in accordance with 
section 1203. 
‘‘(27) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of the department in which the 
Coast Guard is operating. 
‘‘(28) SPECIES.—The term ‘species’ means any 
fundamental category of taxonomic classification, or 
any viable biological material, ranking below a genus 
or subgenus. 
‘‘(29) TASK FORCE.—The term ‘Task Force’ 
means the Aquatic Invasive Species Task Force es-
tablished by section 1201(a). 
‘‘(30) TERRITORIAL SEA.—The term ‘territorial 
sea’ means the belt of the sea measured from the 
baseline of the United States determined in accord-
ance with international law, as set forth in Presi-
dential Proclamation Number 5928, dated December 
27, 1988. 
‘‘(31) 
TREATMENT.—The 
term 
‘treatment’ 
means a mechanical, physical, chemical, biological, 
or other process or method of killing, removing, or 
rendering infertile, invasive species. 
‘‘(32) TYPE
APPROVAL.—The term ‘type ap-
proval’ means an approval procedure under which a
type of system is certified as meeting a standard es-
tablished by law (including a regulation) for a par-
ticular application. 
‘‘(33) UNDER SECRETARY.—The term ‘Under 
Secretary’ means the Under Secretary of Commerce 
for Oceans and Atmosphere. 
‘‘(34) UNDESIRABLE IMPACT.—The term ‘unde-
sirable impact’ means economic, human health, aes-
thetic, or environmental degradation that is not nec-
essary for, and is not clearly outweighed by, public 
health, environmental, or welfare benefits. 
‘‘(35) WATERS OF THE UNITED STATES.—
‘‘(A) IN GENERAL.—The term ‘waters of 
the United States’ means the navigable waters 
and territorial sea of the United States. 
‘‘(B) INCLUSION.—The term ‘waters of the 
United States’ includes the Great Lakes.’’. 
TITLE I—PREVENTION OF IN-
TRODUCTION 
OF 
AQUATIC 
INVASIVE SPECIES INTO WA-
TERS OF THE UNITED STATES 
BY VESSELS 
SEC. 101. VESSEL PATHWAY REQUIREMENTS. 
(a) REQUIREMENTS
FOR VESSELS OPERATING
IN 
WATERS OF THE UNITED STATES.—Section 1101 of the
Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4711) is amended by striking sub-
section (a) and inserting the following: 
‘‘(a) REQUIREMENTS FOR ALL VESSELS OPERATING 
IN WATERS OF THE UNITED STATES.—
‘‘(1) INVASIVE SPECIES MANAGEMENT PLAN.—
‘‘(A) IN GENERAL.—Effective beginning on 
the date that is 180 days after the issuance of 
guidelines pursuant to subparagraph (D) and 
the promulgation of guidelines or regulations 
under this section, each vessel that is equipped 
with ballast, and other towed vessels and struc-
tures, operating in waters of the United States 
shall have in effect, and have available for in-
spection, an aquatic invasive species manage-
ment plan that prescribes safe and effective 
means by which the master of the vessel shall 
minimize introductions and transfers of invasive 
species by any part of the vessel, pursuant to 
the guidelines or regulations applicable to that 
vessel.
‘‘(B) SPECIFICITY.—The management plan 
shall be specific to the vessel (or group of ves-
sels with characteristics similar to that of the 
vessel, as determined by the Secretary).
‘‘(C) REQUIREMENTS.—The management 
plan shall include, at a minimum, such informa-
tion as is requested by the Secretary pursuant 
to subparagraph (D), including—
‘‘(i) operational requirements to safely 
and effectively comply with the ballast
water management requirements under 
paragraph (4); 
‘‘(ii) operational requirements to safe-
ly and effectively carry out any actions 
consistent with rapid response action re-
quired by States and approved by the Sec-
retary under section 1211; 
‘‘(iii) other requirements specified in 
guidelines adopted by the International 
Maritime Organization; 
‘‘(iv) a description of all reporting re-
quirements and a copy of each form nec-
essary to meet those requirements; 
‘‘(v) the position of the officer respon-
sible for implementation of ballast water 
management and reporting procedures on 
board;
‘‘(vi) documents relevant to any bal-
last water management equipment or pro-
cedures; 
‘‘(vii) a description of the location of 
access points for sampling ballast or sedi-
ments pursuant to paragraph (3)(B)(vi); 
‘‘(viii) a description of requirements 
relating to compliance with any approved 
rapid response strategy relevant to the voy-
age of the vessel; 
‘‘(ix) a contingency strategy applicable 
under subsection (k), if appropriate; and 
‘‘(x) such requirements described in 
subsection (e) as are applicable to the ves-
sel. 
‘‘(D) GUIDELINES.—Not later than 18 
months after the date of enactment of the Na-
tional Aquatic Invasive Species Act of 2003, the 
Secretary shall issue final guidelines for the de-
velopment of invasive species management 
plans, including guidelines that—
‘‘(i) identify types of vessels for which 
plans are required; 
‘‘(ii) establish processes for updating 
and revising the plans; and
‘‘(iii) establish criteria for compliance 
with this subsection. 
‘‘(2) RECORDS.—The master of a vessel shall—
‘‘(A) maintain records of all ballast oper-
ations, for such period of time and including 
such information as the Secretary may specify; 
‘‘(B) permit inspection of the records by 
representatives of the Secretary and of the 
State in which the vessel has entered a port; 
and 
‘‘(C) transmit records to the National Bal-
last 
Information 
Clearinghouse 
established 
under section 1102(f). 
‘‘(3) BEST MANAGEMENT PRACTICES.—
‘‘(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of the Na-
tional Aquatic Invasive Species Act of 2003, the 
Secretary shall issue guidelines on best manage-
ment practices to eliminate or minimize and 
monitor organism transfer by vessels. 
‘‘(B) PRACTICES TO BE INCLUDED.—The 
best management practices shall include, but 
not be limited to—
‘‘(i) sediment management in trans-
oceanic vessels;
‘‘(ii) minimization of ballast water up-
take in areas where there is a greater risk 
of harmful organisms entering ballast 
tanks (such as areas with toxic algal 
blooms or known outbreaks of aquatic 
invasive species); 
‘‘(iii) avoidance of unnecessary dis-
charge of ballast water in a port that was 
taken up in another port; 
‘‘(iv) to the maximum extent prac-
ticable, collection and the proper disposal 
of debris from the cleaning of the hull; 
‘‘(v) proper use of antifouling coating; 
and 
‘‘(vi) provision of access points in bal-
last piping for sampling of ballast intake 
and discharge. 
‘‘(4) BALLAST WATER MANAGEMENT.—
‘‘(A) IN GENERAL.—Each vessel equipped 
with a ballast water tank that enters a United 
States port, except for a vessel subject to sub-
paragraph (B) and subsection (c), shall comply 
with the standards described in paragraphs (1) 
and (2) of subsection (b) and the regulations
promulgated under subsection (e) relating to 
ballast water management. 
‘‘(B) EXCEPTIONS.—
‘‘(i) VESSELS
OPERATING
ENTIRELY 
WITHIN
THE
EXCLUSIVE
ECONOMIC 
ZONE.—A vessel equipped with a ballast 
water tank that operates entirely within 
the exclusive economic zone shall not be re-
quired to comply with the standard de-
scribed in subsection (b)(1). 
‘‘(ii) VESSELS THAT OPERATE EXCLU-
SIVELY
IN
AN
ENCLOSED
AQUATIC
ECO-
SYSTEM.—
‘‘(I) 
IN
GENERAL.—A 
vessel 
equipped with ballast tanks and that 
operates exclusively in the upper 4 
Great Lakes, or in another enclosed 
aquatic ecosystem in which the poten-
tial for movement of organisms by 
natural and anthropogenic means is 
not significantly altered by the move-
ment of the vessel, is not required to 
comply with the standards described 
in paragraphs (1) and (2) of sub-
section (b).
‘‘(II) 
ADDITIONAL
ENCLOSED 
AQUATIC
ECOSYSTEMS.—The Admin-
istrator and Under Secretary, in con-
sultation with regional panels of the 
Task Force, may determine the other 
enclosed aquatic ecosystems that are 
covered by subclause (I).’’.
(b) BALLAST WATER MANAGEMENT STANDARDS 
AND CERTIFICATION PROCEDURES.—Section 1101 of the 
Nonindigenous Aquatic Nuisance Species Prevention and 
Control Act of 1990 (16 U.S.C. 4711) is further amend-
ed—
(1) by striking subsections (b) through (f) and 
subsection (h); and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) BALLAST WATER MANAGEMENT STANDARDS 
AND CERTIFICATION PROCEDURES.—
‘‘(1) INTERIM STANDARDS.—
‘‘(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of the Na-
tional Aquatic Invasive Species Act of 2003, the 
Secretary, with the concurrence of the Adminis-
trator and in consultation with the Task Force,
shall promulgate final regulations establishing 
interim standards indicating acceptable—
‘‘(i) operational performance for bal-
last water exchange (including contingency 
procedures in instances in which a safety 
exemption is used pursuant to subsection 
(k)); and 
‘‘(ii) biological effectiveness of ballast 
water treatment systems (including on-
shore facilities and facilities on board ves-
sels). 
‘‘(B) REQUIREMENTS.—
‘‘(i) BALLAST
WATER
EXCHANGE.—
The interim standard for ballast water ex-
change described in subparagraph (A) shall 
require— 
‘‘(I) at least 1 empty-and-refill 
cycle on the high sea or in an alter-
native exchange area designated by 
the Secretary, of each ballast tank 
that contains ballast water to be dis-
charged into waters of the United 
States; 
‘‘(II) in a case in which the mas-
ter of a vessel determines that compli-
ance with subclause (I) is impracti-
cable, a sufficient number of flow-
through exchanges of ballast water, on 
the high sea or in an alternative ex-
change area designated by the Sec-
retary, to achieve replacement of at 
least 95 percent of ballast water in 
ballast tanks of the vessel, as deter-
mined by a certification dye study 
conducted or model developed in ac-
cordance with protocols developed 
under paragraph (3)(B)(i) and re-
corded in the management plan of a 
vessel 
pursuant 
to 
subsection 
(a)(1)(C)(i); and 
‘‘(III) an approved contingency 
procedure using best practicable tech-
nology or practices in instances in 
which a ballast water exchange is not 
undertaken pursuant to subsection 
(k). 
‘‘(ii) BALLAST SYSTEM DESIGN AND 
WATER
TREATMENT
SYSTEMS.—The in-
terim standard for a ballast water system 
design and treatment system described in
subparagraph (A) shall require that at 
least 95 percent of the live aquatic 
vertebrates, invertebrates, phytoplankton, 
and macroalgae, respectively, in ballast 
water taken in by a vessel or class of ves-
sels be killed or removed from ballast dis-
charge as determined by the qualified type 
approval process promulgated under para-
graph (3)(B)(ii). 
‘‘(iii) CRITERIA; PERIOD
OF
EFFEC-
TIVENESS.—The interim standards de-
scribed in clauses (i) and (ii) shall—
‘‘(I) meet occupational safety and 
environmental soundness criteria de-
scribed in paragraph (7); and 
‘‘(II) cease to apply on the effec-
tive date of final standards developed 
pursuant to paragraph (2). 
‘‘(2) FINAL STANDARDS.—
‘‘(A) IN GENERAL.—Not later than 4 years 
after the date of enactment of the National 
Aquatic Invasive Species Act of 2003, the Ad-
ministrator, in consultation with the Task 
Force and with the concurrence of the Sec-
retary, shall promulgate final standards for bal-
last water discharge and other vessel operations 
determined to pose a significant risk to the en-
vironment through the introduction of non-
indigenous species. 
‘‘(B) REQUIREMENTS.—The final stand-
ards shall—
‘‘(i) result from application of the best 
available technology for—
‘‘(I) the applicable category or 
class of vessels; and 
‘‘(II) the new source or existing 
source status;
‘‘(ii) have the goal of eliminating the 
risk of introduction into waters of the 
United States by vessels of nonindigenous 
species, 
including 
plant, 
animal, 
and 
human pathogens; 
‘‘(iii) consider findings of scientific 
and policy research; and 
‘‘(iv) be measurable. 
‘‘(3) CERTIFICATION OF TREATMENTS OR PRAC-
TICES; ENFORCEMENT.—
‘‘(A) IN
GENERAL.—Not later than the 
date on which interim standards are promul-
gated under paragraph (1) and final standards
are promulgated under paragraph (2), the Sec-
retary shall, with the concurrence of the Admin-
istrator, promulgate regulations for—
‘‘(i) the certification of treatments or 
practices that comply with the standards; 
and
‘‘(ii) ongoing enforcement of the use 
of the treatments or practices. 
‘‘(B) 
CERTIFICATION
UNDER
INTERIM 
STANDARDS.—The certification of treatments 
and practices in compliance with the interim 
standard promulgated pursuant to paragraph 
(1) shall be based on a qualified type approval 
process, including—
‘‘(i) protocol for ballast water ex-
change involving dye studies or models de-
tailing flow dynamics of vessels described 
in paragraph (1)(B)(i)(II); and 
‘‘(ii) protocol for qualified type ap-
proval of ballast water treatment systems 
for the interim standard described in para-
graph (1) that—
‘‘(I) is capable of determining the 
extent to which a ballast water treat-
ment system complies with applicable
standards, including limitations on 
that compliance caused by—
‘‘(aa) biological, chemical, or 
physical 
conditions 
of 
water 
taken into ballast; and 
‘‘(bb) conditions encountered 
during a voyage; 
‘‘(II) is capable of determining 
the extent to which a ballast water 
treatment system—
‘‘(aa) 
is 
environmentally 
sound, based on criteria promul-
gated by the Administrator under 
paragraph (7)(A); and 
‘‘(bb) is safe for vessel and 
crew; 
‘‘(III) may be used in estimating 
the expected useful life of the ballast 
water treatment system, as deter-
mined on the basis of voyage patterns 
and normal use conditions; 
‘‘(IV) includes a shipboard test-
ing component, and may include a 
shore-based testing component;
‘‘(V) provides for appropriate 
monitoring; and 
‘‘(VI) is cost effective. 
‘‘(C) 
CERTIFICATION
UNDER
FINAL 
STANDARDS.—The certification of treatments 
in compliance with the final standards issued 
pursuant to paragraph (2) shall—
‘‘(i) apply to all methods of ballast 
water management and system design, in-
cluding—
‘‘(I) ballast water exchange; 
‘‘(II) ballast water treatment sys-
tems; and 
‘‘(III) other vessel operations de-
termined to pose a significant risk to 
the environment through the introduc-
tion of nonindigenous organisms; 
‘‘(ii) be reviewed and, as appropriate, 
revised not less often than every 3 years 
pursuant to subsection (f)(1); 
‘‘(iii) meet occupational safety and en-
vironmental soundness criteria described in 
paragraph (7); and 
‘‘(iv) apply beginning not later than 
October 1, 2011.
‘‘(4) EXPERIMENTAL APPROVAL FOR BALLAST 
WATER TREATMENT.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if, before the date on which the Sec-
retary promulgates interim ballast water man-
agement standards under paragraph (1), an 
owner or operator of a vessel seeks to conduct 
a treatment of ballast water—
‘‘(i) the owner or operator shall apply 
to the Secretary for experimental approval 
of the treatment; and 
‘‘(ii) the Secretary shall approve the 
treatment if—
‘‘(I) the owner or operator pro-
vides to the Secretary independently 
peer-reviewed, pilot-scale information 
relating to the effectiveness and envi-
ronmental soundness of the treatment; 
‘‘(II) the Secretary and the Ad-
ministrator, in consultation with the 
Task Force (including relevant re-
gional panels, and the Prevention 
Committee, of the Task Force), deter-
mine that the technology to be used 
for the treatment has significant po-
tential to kill or remove at least 95 
percent of the aquatic vertebrates, in-
vertebrates, phytoplankton, and macro 
algae, respectively, in ballast water 
taken in by the class of vessel for 
which the treatment is sought to be 
conducted; and 
‘‘(III) the Administrator deter-
mines that the treatment meets envi-
ronmental regulations. 
‘‘(B) LIMITATIONS.—
‘‘(i) PERIOD OF TESTING.—Testing of 
the treatment system approved under this 
section may cease prior to the termination 
of the approval period described in clause 
(ii). 
‘‘(ii) PERIOD
OF
APPROVAL.—Ap-
proval under subparagraph (A) shall be 
granted for—
‘‘(I) a period of 10 years or the 
expected useful life of the treatment 
system, whichever is earlier; or 
‘‘(II) until such time as the Sec-
retary or Administrator (as appro-
priate) determine that (based on
available information, including infor-
mation developed pursuant to clause 
(iii)) there exists a serious deficiency 
in 
performance 
or 
environmental 
soundness of the system relative to
anticipated performance or environ-
mental soundness. 
‘‘(iii) INFORMATION.—As a condition 
of receiving experimental approval for a 
treatment under subparagraph (A)(ii), the 
owner or operator of a vessel shall agree to 
collect and report such information regard-
ing the operational and biological effective-
ness of the treatment through sampling of 
the intake and discharge ballast as the 
Secretary may request. 
‘‘(iv) 
RENEWAL.—An 
experimental 
approval may be renewed pursuant to 
paragraph (7)(B).
‘‘(5) INCENTIVES FOR USE OF TREATMENT SYS-
TEMS.—
‘‘(A) IN
GENERAL.—The Secretary, the 
Secretary of Transportation, and the Adminis-
trator shall assist owners or operators of vessels 
that seek to obtain experimental or interim ap-
proval for installation of ballast water treat-
ment systems, including through providing 
guidance on—
‘‘(i) a sampling protocol and test pro-
gram for cost-effective treatment evalua-
tion; 
‘‘(ii) sources of sampling equipment 
and field biological expertise; and 
‘‘(iii) examples of shipboard evalua-
tion studies. 
‘‘(B) SELECTION OF TECHNOLOGIES AND 
PRACTICES.—In 
selecting 
technologies 
and 
practices for shipboard demonstration under 
section 1104(b), the Secretary of the Interior 
and the Secretary of Commerce shall give pri-
ority consideration to technologies and practices 
that have received or are in the process of re-
ceiving approval under paragraphs (1) and (4) 
of this subsection. 
‘‘(C) ANNUAL SUMMARIES.—The Secretary 
shall annually summarize, and make available 
to interested parties, all available information 
on the performance of technologies proposed for 
ballast treatment to facilitate the application
process for experimental approval for ballast 
water treatment under paragraph (4). 
‘‘(6) APPLICATION FOR APPROVAL.—
‘‘(A) IN GENERAL.—The Secretary and the 
Administrator may approve only such applica-
tions for qualified type approval of the ballast 
water treatment system that are in such form 
and contain such information as the Secretary 
and Administrator may require.
‘‘(B) APPROVAL AND DISAPPROVAL.—
‘‘(i) IN GENERAL.—On receipt of an 
application under subparagraph (A)—
‘‘(I) the Administrator shall, not 
later than 90 days after the date of 
receipt of the application—
‘‘(aa) review the application 
for compliance and consistency 
with 
environmental 
soundness 
criteria promulgated under para-
graph (7)(A); and 
‘‘(bb) approve those ballast 
water treatment systems that 
meet those criteria; and 
‘‘(II) the Secretary, in consulta-
tion with the Task Force, shall, not
later than 180 days after the date of 
receipt of the application—
‘‘(aa) determine whether the 
ballast water treatment system 
covered by the application meets 
the requirements of this sub-
section, as appropriate; 
‘‘(bb) approve or disapprove 
the application; and 
‘‘(cc) provide the applicant 
written notice of approval or dis-
approval. 
‘‘(ii) LIMITATIONS.—An application 
approved under clause (i) shall—
‘‘(I) be qualified with any limita-
tions relating to voyage pattern, dura-
tion, or any other characteristic that 
may affect the effectiveness or envi-
ronmental soundness of the ballast 
water treatment system covered by 
the application, as determined by the 
Secretary in consultation with the Ad-
ministrator;
‘‘(II) be applicable to a specific 
ship or group of ships, as determined 
by the Secretary; 
‘‘(III) be valid for the lesser of—
‘‘(aa) a period of 10 years 
or the expected useful life of the 
treatment system, whichever is 
earlier; or 
‘‘(bb) until such time as the 
Secretary or Administrator (as 
appropriate) 
determines 
that 
(based on available information, 
including information developed 
pursuant 
to 
paragraph 
(4)(B)(iii)) there exists a serious 
deficiency in performance or envi-
ronmental soundness of the sys-
tem relative to anticipated per-
formance 
or 
environmental 
soundness; and 
‘‘(IV) be renewed if—
‘‘(aa) the Secretary deter-
mines that the ballast water 
treatment system remains in 
compliance with applicable stand-
ards as of the date of application 
for renewal; or
‘‘(bb) the remaining useful 
life of the vessel is less than 10 
years. 
‘‘(7) ENVIRONMENTAL
SOUNDNESS
CRITERIA 
FOR BALLAST TREATMENTS.—
‘‘(A) IN
GENERAL.—The Administrator 
shall include in criteria promulgated under sec-
tion 1202(k)(1)(A) specific criteria—
‘‘(i) to ensure environmental sound-
ness of ballast treatment systems; and 
‘‘(ii) to grant environmental sound-
ness exceptions under subparagraph (B). 
‘‘(B) EXCEPTIONS.—
‘‘(i) IN GENERAL.—In reviewing appli-
cations under paragraph (6)(B)(i)(I) in an 
emergency situation to achieve reductions 
in significant and acute risk of transfers of 
invasive species by vessels, the Secretary 
and the Administrator may jointly deter-
mine to make an exception to criteria de-
scribed in subparagraph (A)(i). 
‘‘(ii) QUALIFICATION
OF
APPROV-
ALS.—To be eligible for an exception under
clause (i), an approval under paragraph 
(6)(B)(i)(I) shall be qualified under para-
graph (6)(B)(ii). 
‘‘(8) PENALTIES.—Paragraphs (1) and (2) of 
subsection (g) shall apply to a violation of a regula-
tion promulgated under this subsection.’’. 
SEC. 102. REQUIREMENTS FOR NEW VESSELS. 
Section 1101 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711) is 
further amended by inserting after subsection (b) the fol-
lowing: 
‘‘(c) DESIGN FEATURES AND TREATMENT SYSTEMS 
FOR NEW VESSELS.—A vessel of which construction be-
gins on or after January 1, 2006, shall be equipped with 
design features and ballast water treatment systems that 
meet, at a minimum— 
‘‘(1) the interim standards described in sub-
section (b)(1)(B)(ii); or 
‘‘(2) on promulgation of final standards pursu-
ant to subsection (b)(2)(A), such final standard as 
is applicable to the vessel.’’.
SEC. 103. GREAT LAKES PROGRAM. 
Section 1101 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711) is
further amended by inserting after subsection (c) the fol-
lowing: 
‘‘(d) GREAT LAKES PROGRAM.—
‘‘(1) CONTINUITY OF REGULATIONS AND GREAT 
LAKES PROGRAM.—
‘‘(A) REGULATIONS.—Regulations promul-
gated under subsection (b) of this section, as in 
effect immediately before the enactment of the 
National Aquatic Invasive Species Act of 2003, 
shall remain in effect until such time as the 
regulations are revised or replaced by regula-
tions promulgated pursuant to the National 
Aquatic Invasive Species Act of 2003.
‘‘(B) RELATIONSHIP
TO
OTHER
PRO-
GRAMS.—Upon implementation of a national 
mandatory ballast management program that is 
at least as comprehensive as the Great Lakes 
program established under subsection (b) of 
this section, as in effect immediately before the 
enactment of the National Aquatic Invasive 
Species Act of 2003, including regulations 
under that section (as determined by the Sec-
retary, in consultation with the Governors of 
Great Lakes States)—
‘‘(i) the program regulating vessels 
and ballast water in the Great Lakes 
under this section shall terminate; and 
‘‘(ii) the national program shall apply 
to such vessels and ballast water. 
‘‘(2) REVIEW AND REVISION.—
‘‘(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of the Na-
tional Aquatic Invasive Species Act of 2003, the 
Secretary shall—
‘‘(i) review and revise regulations pro-
mulgated under this subsection; and
‘‘(ii) promulgate the revised regula-
tions. 
‘‘(B) CONTENTS.—The revised regulations 
shall include at a minimum requirements under 
subsections (a) and (b) of this section.’’.
SEC. 104. AUTHORITY OF SECRETARY; REGULATIONS. 
Section 1101 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711) is 
further amended by inserting after subsection (d) the fol-
lowing: 
‘‘(e) AUTHORITY OF SECRETARY; REGULATIONS.—
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of the National Aquatic
Invasive Species Act of 2003, the Secretary shall 
promulgate regulations to implement this section.
‘‘(2) PROGRAM COMPONENTS.—
‘‘(A) IN GENERAL.—In carrying out para-
graph (1), the Secretary shall promulgate a 
separate set of regulations for—
‘‘(i) ships that enter the Great Lakes 
after operating outside the exclusive eco-
nomic zone; and 
‘‘(ii) ships that enter United States 
ports after operating outside the exclusive 
economic zone, excluding United States 
ports on the Great Lakes. 
‘‘(B) 
DURATION.—Regulations 
promul-
gated under subparagraph (A)(i) shall remain 
in effect until the Great Lakes program is ter-
minated pursuant to subsection (d)(1)(B).
‘‘(3) REQUIREMENTS.—The regulations promul-
gated under paragraphs (1) shall— 
‘‘(A) be consistent with interim and final 
standards issued under paragraphs (1) and (2) 
of subsection (b), as applicable; 
‘‘(B) apply to all vessels to which the re-
spective standards apply; 
‘‘(C) protect the safety of—
‘‘(i) each vessel; and 
‘‘(ii) the crew and passengers of each 
vessel;
‘‘(D) require a vessel described in para-
graph (1)—
‘‘(i) to carry out the exchange of bal-
last water of the vessel in waters beyond 
the exclusive economic zone in accordance 
with the standards and certification proce-
dures promulgated under subsection (b); 
‘‘(ii) in a case in which the master of 
the vessel determines that compliance with 
clause (i) is impracticable, to exchange the 
ballast water of the vessel in other waters 
in which the exchange does not pose a 
threat of invasion or spread of nonindige-
nous species in waters of the United 
States, as designated by the Secretary; or 
‘‘(iii) to use environmentally sound al-
ternative ballast water management meth-
ods, including modification of the vessel 
ballast water tanks and intake systems, if 
the Secretary determines that such alter-
native methods are in accordance with
standards and certification procedures pro-
mulgated under subsection (b); 
‘‘(E) provide for sampling of ballast intake 
and discharge flows through ballast piping to 
monitor compliance with the regulations; 
‘‘(F) take into consideration—
‘‘(i) vessel types; 
‘‘(ii) variations in the ecological condi-
tions of waters and coastal areas of the 
United States; and 
‘‘(iii) different operating conditions; 
and 
‘‘(G) be based on the best scientific infor-
mation available.
‘‘(4) 
CONSISTENCY
WITH
INTERNATIONAL 
AGREEMENTS.—The Secretary shall, with the con-
currence of the Administrator, revise regulations 
promulgated under this subsection as necessary to 
ensure that the regulations relating to any matter 
are consistent with the treatment of the matter in 
any international agreements to which the United 
States is a party that governs management of the 
transfer by vessel of aquatic nonindigenous species. 
‘‘(5) EDUCATION
AND
TECHNICAL
ASSIST-
ANCE.—The Secretary may carry out education and
technical assistance programs and other measures to 
promote compliance with the regulations promul-
gated under this subsection. 
‘‘(f) PERIODIC REVIEW AND REVISION OF REGULA-
TIONS.—
‘‘(1) IN
GENERAL.—Not later than 3 years 
after the date of enactment of the National Aquatic 
Invasive Species Act of 2003, and not less often 
than every 3 years thereafter, the Secretary shall 
(with the concurrence of the Administrator, based on 
recommendations of the Task Force and information 
collected and analyzed by relevant research, and in 
accordance with criteria developed by the Task 
Force under paragraph (3))—
‘‘(A) assess the compliance by vessels with 
regulations promulgated under this section; 
‘‘(B) assess the effectiveness of the regula-
tions referred to in subparagraph (A) in reduc-
ing the introduction and spread of aquatic 
invasive species by vessels; and 
‘‘(C) as necessary, on the basis of the best 
scientific information available—
‘‘(i) revise the regulations referred to 
in subparagraph (A); and
‘‘(ii) promulgate additional regula-
tions. 
‘‘(2) SPECIAL
REVIEW
AND
REVISION.—Not 
later than 90 days after the date on which the Task 
Force makes a request to the Secretary for a special 
review and revision of the program, the Secretary 
shall (with the concurrence of the Administrator)—
‘‘(A) conduct a special review of regula-
tions in accordance with paragraph (1); and 
‘‘(B) as necessary, in the same manner as 
provided under paragraph (1)(C)—
‘‘(i) revise those guidelines; or 
‘‘(ii) promulgate additional regula-
tions. 
‘‘(3) CRITERIA
FOR
EFFECTIVENESS.—Not 
later than 1 year after the date of enactment of the 
National Aquatic Invasive Species Act of 2003, and 
every 3 years thereafter, the Task Force shall sub-
mit to the Secretary criteria for determining the 
adequacy and effectiveness of all regulations promul-
gated under this section.’’. 
SEC. 105. SANCTIONS. 
Section 1101(g) of the Nonindigenous Aquatic Nui-
sance Prevention and Control Act of 1990 (16 U.S.C. 
1101(g)) is amended to read as follows:
‘‘(g) SANCTIONS.—
‘‘(1) CIVIL PENALTIES.—
‘‘(A) IN GENERAL.—Any person that vio-
lates a regulation promulgated under this sec-
tion shall be liable for a civil penalty in an 
amount not to exceed $50,000. 
‘‘(B) SEPARATE
VIOLATIONS.—Each day 
of a continuing violation constitutes a separate 
violation. 
‘‘(C) LIABILITY OF VESSELS.—A vessel op-
erated in violation of a regulation promulgated 
under this Act shall be liable in rem for any 
civil penalty assessed under this subsection for 
that violation. 
‘‘(2) CRIMINAL PENALTIES.—Any person that 
knowingly violates the regulations promulgated 
under subsection (b) is guilty of a class C felony. 
‘‘(3) REVOCATION OF CLEARANCE.—On request 
of the Secretary, the Secretary of the Treasury shall 
withhold or revoke the clearance of a vessel required 
by section 4197 of the Revised Statutes (46 App. 
U.S.C. 91), if the owner or operator of that vessel 
is in violation of the regulations promulgated under 
subsection (b).
‘‘(4) EXCEPTION
TO
SANCTIONS.—This sub-
section does not apply to a failure to exchange bal-
last water if—
‘‘(A) the master of a vessel, acting in good 
faith, decides that the exchange of ballast water 
will threaten the safety or stability of the vessel 
or the crew or passengers of the vessel; and 
‘‘(B) the vessel complies with—
‘‘(i) recordkeeping requirements of 
this title; 
‘‘(ii) contingency requirements of sec-
tion 1211; and 
‘‘(iii) reporting requirements of this 
title.’’. 
SEC. 106. PROGRAM COORDINATION. 
Section 1101 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 1101) is 
further amended by striking subsections (h), (i), and (j) 
and inserting the following: 
‘‘(h) COORDINATION WITH OTHER AGENCIES.—The 
Secretary is encouraged to use (with consent) the exper-
tise, facilities, members, or personnel of, appropriate Fed-
eral and State agencies and organizations that have rou-
tine contact with vessels, as determined by the Secretary.
‘‘(i) CONSULTATION WITH CANADA, MEXICO, AND 
OTHER
FOREIGN
GOVERNMENTS.—In developing the 
guidelines issued and regulations promulgated under this 
section, the Secretary is encouraged to consult with the 
Government of Canada, the Government of Mexico, and 
any other government of a foreign country that the Sec-
retary, in consultation with the Task Force, determines 
to be necessary to develop and implement an effective 
international program for preventing the unintentional in-
troduction and spread of nonindigenous species. 
‘‘(j) INTERNATIONAL COOPERATION.— 
‘‘(1) IN GENERAL.—The Secretary, in coopera-
tion with the International Maritime Organization of 
the United Nations and the Commission on Environ-
mental Cooperation established pursuant to the 
North American Free Trade Agreement, is encour-
aged to enter into negotiations with the governments 
of foreign countries to develop and implement an ef-
fective international program for preventing the un-
intentional introduction and spread of nonindigenous 
species. 
‘‘(2) SENSE OF CONGRESS ON INTERNATIONAL 
AGREEMENTS
TO
PROTECT
AQUATIC
ECOSYSTEMS 
FROM SPECIES INTRODUCTION THROUGH BALLAST 
WATER.—
‘‘(A) 
FINDINGS.—The 
Congress 
finds 
that—
‘‘(i) the aquatic ecosystems of the 
United States have been and continue to 
be subject to permanent and costly damage 
resulting from aquatic invasive species in-
troduced by ballast water of vessels enter-
ing United States ports; 
‘‘(ii) the United States is currently 
engaged in international negotiations over 
regulation of the ballast water of vessels to 
prevent the introductions; 
‘‘(iii) this Act and the amendments 
made by the National Aquatic Invasive 
Species Act of 2003 establish a minimum 
acceptable domestic effort to protect aquat-
ic ecosystems of the United States from 
the introduction of invasive species by the 
ballast water of vessels; and
‘‘(iv) the programs established under 
this Act and the amendments made by the 
National Aquatic Invasive Species Act of 
2003 address the fundamental and legiti-
mate operations and safety concerns of the 
maritime industry.
‘‘(B) SENSE
OF
CONGRESS.—It is the 
sense of the Congress that the United States 
should become party to an international agree-
ment that relates to the protection of aquatic 
ecosystems from the introduction of invasive 
species by the ballast water of vessels only if 
the agreement is at least as protective of the 
aquatic ecosystems as this Act and the amend-
ments made by this Act.’’.
SEC. 107. VESSEL SAFETY. 
Section 1101(k) of the Nonindigenous Aquatic Nui-
sance Prevention and Control Act of 1990 (16 U.S.C. 
1101(k)) is amended to read as follows: 
‘‘(k) SAFETY EXEMPTION.—
‘‘(1) MASTER DISCRETION.—The Master of a 
vessel is not required to conduct a ballast water ex-
change if the Master determines that the exchange 
would threaten the safety or stability of the vessel, 
or the crew or passengers of the vessel, because of 
adverse weather, vessel architectural design, equip-
ment failure, or any other extraordinary conditions. 
‘‘(2) OTHER
REQUIREMENTS.—A vessel that 
does not exchange ballast water on the high seas 
under paragraph (1) shall not discharge ballast 
water in any harbor, except in accordance with a
contingency strategy approved by the Secretary (and 
included in the invasive species management plan of 
the vessel) to reduce the risk of organism transfer 
by the discharge (using the best practicable tech-
nology and practices pursuant to regulations promul-
gated under subsection (b)(1)(B)(iii)).’’. 
SEC. 108. RELATIONSHIP TO OTHER LAW. 
Section 1101 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 1101) is 
further amended by adding at the end the following: 
‘‘(m) APPLICABILITY; EFFECT ON OTHER LAW.—
Nothing in this section or any regulation promulgated 
under this section supersedes or otherwise affects any re-
quirement or prohibition relating to the discharge of bal-
last water under the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.).’’. 
SEC. 109. ARMED SERVICES WHOLE VESSEL MANAGEMENT 
PROGRAM. 
(a) IN GENERAL.—Section 1103 of the Nonindige-
nous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4713) is amended—
(1) by striking the section heading and insert-
ing the following:
‘‘SEC. 1103. ARMED SERVICES WHOLE VESSEL MANAGE-
MENT PROGRAM.’’; 
and 
(2) in subsection (a)—
(A) by striking ‘‘Subject to’’ and inserting 
the following:
‘‘(1) BALLAST WATER.—Subject to’’; and 
(B) by adding at the end the following: 
‘‘(2) 
TOWED
VESSEL
MANAGEMENT
PRO-
GRAM.—
‘‘(A) IN GENERAL.—Subject to operational 
conditions, the Secretary of Defense, in con-
sultation with the Secretary, the Task Force, 
and the International Maritime Organization, 
shall implement a towed vessel management 
program for Department of Defense vessels to 
minimize the risk of introductions of aquatic 
invasive species through hull and associated hull 
aperture transfers by towed vessels.
‘‘(B) CURRENT BALLAST PROGRAM.—Sub-
paragraph (A) shall not affect the ballast pro-
gram for Department of Defense vessels in ef-
fect immediately before the enactment of the 
National Aquatic Invasive Species Act of 2003. 
‘‘(3) REPORTS.—Not later than 3 years after 
the date of enactment of the National Aquatic
Invasive Species Act of 2003, and every 3 years 
thereafter, the Secretary of Defense shall submit to 
the Congress a report that includes a summary and 
analysis of the program carried out under this sec-
tion.’’. 
SEC. 110. CONFORMING AMENDMENTS. 
(a) Section 1101(g) of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4711(g)) is amended by striking ‘‘under subsection (b) or 
(f)’’ each place it appears and inserting ‘‘under this sec-
tion’’. 
(b) Section 1102(c)(1) of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4712(c)(1)) is amended by striking ‘‘issued under section 
1101(b)’’ and inserting ‘‘promulgated under section 
1101(e)’’. 
(c) Section 1102(f)(1)(B) of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4712(f)(1)(B)) is amended by striking ‘‘guidelines 
issued pursuant to section 1101(c)’’ and inserting ‘‘regula-
tions promulgated under section 1101(e)’’.
TITLE II—PREVENTION OF THE 
INTRODUCTION OF AQUATIC 
INVASIVE SPECIES BY OTHER 
PATHWAYS 
SEC. 201. PRIORITY PATHWAY MANAGEMENT PROGRAM. 
Subtitle C of title I of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4721 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM. 
‘‘(a) IDENTIFICATION
OF HIGH PRIORITY PATH-
WAYS.—Not later than 2 years after the date of enactment 
of the National Aquatic Invasive Species Act of 2003, and 
every 3 years thereafter, the Task Force, in coordination 
with the Invasive Species Council and in consultation with 
representatives of States, industry, and other interested 
parties, shall, based on pathway surveys and other avail-
able research relating to the rates of introductions in wa-
ters of the United States—
‘‘(1) identify those pathways that pose the high-
est risk for introductions, both nationally and on a 
region-by-region basis unless further managed; 
‘‘(2) develop recommendations for management 
strategies for those high-risk pathways;
‘‘(3) include in the report to the Congress re-
quired under section 1201(f)(2)(B) a description of 
the identifications, strategies, and recommendations; 
and 
‘‘(4) identify aquatic invasive species not yet in-
troduced into waters of the United States that are 
likely to be introduced into waters of the United 
States unless preventative measures are taken. 
‘‘(b) MANAGEMENT
OF
HIGH
PRIORITY
PATH-
WAYS.—Not later than 3 years after the date of enactment 
of the National Aquatic Invasive Species Act of 2003, the 
Task Force or agencies of jurisdiction shall, to the max-
imum extent practicable, implement the strategies de-
scribed in subsection (a)(2).’’. 
SEC. 202. SCREENING PROCESS FOR PLANNED IMPORTA-
TIONS OF LIVE AQUATIC ORGANISMS. 
Subtitle B of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711 et 
seq.) is amended by adding at the end the following:
‘‘SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTA-
TIONS OF LIVE AQUATIC ORGANISMS. 
‘‘(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of the National Aquatic Invasive Spe-
cies Act of 2003, no live aquatic organism not in trade
shall be imported into the United States without screening 
and approval in accordance with subsections (c) and (d). 
‘‘(b) GUIDELINES.—
‘‘(1) IN GENERAL.—Not later than 30 months 
after the date of enactment of the National Aquatic 
Invasive Species Act of 2003, in consultation with 
regional panels convened under section 1203, States, 
tribes, and other stakeholders, the Invasive Species 
Council (in conjunction with the Task Force) shall 
issue guidelines for screening proposed planned im-
portations of live aquatic organisms into the United 
States, that include—
‘‘(A) guidelines for minimum information 
requirements for determinations under sub-
section (c); and 
‘‘(B) guidelines for a simplified notification 
procedure for any additional shipments of orga-
nisms that may occur after completion of an 
initial screening process and determination 
under subsection (c). 
‘‘(2) PURPOSE.—The purpose of the screening 
process shall be to prevent the introduction or estab-
lishment of aquatic invasive species in waters of the 
United States and contiguous waters of Canada and 
Mexico.
‘‘(3) FACTORS.—In developing guidelines under 
this subsection and reviewing and revising the guide-
lines under subsection (j), the Invasive Species 
Council and the Task Force shall consider—
‘‘(A) the likelihood of the spread of orga-
nisms by human or natural means; 
‘‘(B) organisms that may occur in associa-
tion with the organism planned for importation, 
including pathogens, parasites, and free-living 
organisms; and 
‘‘(C) regional differences in probability of 
invasion and associated impacts.
‘‘(c) CATEGORIES.—The screening process conducted 
pursuant to subsection (d) shall require the identification, 
to the maximum extent practicable, to the species level or, 
at least, to the genus level, of live aquatic organisms not 
in trade and shall list—
‘‘(1) species with high or moderate probability 
of undesirable impacts to areas within the bound-
aries of the United States and contiguous areas of 
neighboring countries, to which the organism is like-
ly to spread; and 
‘‘(2) species with insufficient information to de-
termine the risk category based on guidelines issued 
pursuant to subsection (b)(1)(B).
‘‘(d) EVALUATION.—
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of promulgation of guidelines under 
subsection (b), in consultation with regional panels 
convened under section 1203, States, tribes, and 
other stakeholders, a Federal agency with authority 
over an importation into the United States of a live 
organism not in trade shall screen the organism in 
accordance with guidelines promulgated under sub-
section (b). 
‘‘(2) DELEGATION
AND
AUTHORITY.—If no 
agency has authority described in paragraph (1) or 
an agency delegates the screening to the Director 
under subsection (h)—
‘‘(A) the Director shall screen the orga-
nisms in accordance with subsections (a) and 
(b); and
‘‘(B) the Director may prohibit the impor-
tation of an organism not in trade if the Direc-
tor determines, based on evaluations consistent 
with the screening requirements promulgated 
under section (f), that the organism has a high 
or moderate probability of undesirable impacts 
on areas within the boundaries of the United
States and contiguous areas of neighboring 
countries to which the organism may spread. 
‘‘(3) MULTIPLE JURISDICTION.—If more than 1 
agency has jurisdiction over the importation of a live 
organism, the agencies shall conduct only 1 screen-
ing process as determined by a memorandum of un-
derstanding consistent with subsection (f), except 
that the Secretary of Agriculture, shall conduct 
screening of organisms imported to be cultured. 
‘‘(e) REQUIREMENTS.—A Federal agency of jurisdic-
tion, or the Director, shall—
‘‘(1) restrict or prohibit the importation into 
the United States from outside the United States of 
any species that is described in subsection (c)(1); 
‘‘(2) prohibit the importation of any species de-
scribed in subsection (c)(2), unless the importation 
is for the sole purpose of research that is conducted 
in accordance with section 1202(f)(2); and 
‘‘(3) make a determination under this sub-
section not later than 60 days after receiving a re-
quest for permission to import a live aquatic species. 
‘‘(f) MEMORANDUM OF UNDERSTANDING.—
‘‘(1) IN GENERAL.—The Director of the United 
States Fish and Wildlife Service shall enter into a 
Memorandum of Understanding with the heads of
the agencies of jurisdiction regarding the screening 
requirements contained in this section. 
‘‘(2) CONTENTS.—The Memorandum of Under-
standing shall contain, at a minimum—
‘‘(A) a description of the relationship be-
tween and responsibilities of the agencies of ju-
risdiction, including a process designating a 
lead agency in cases in which multiple agencies 
may have jurisdiction over the screening of an 
aquatic species; 
‘‘(B) the process by which the Director will 
delegate screening duties to and receive delega-
tion from other agencies of jurisdiction; and 
‘‘(C) the process by which agencies of ju-
risdiction will coordinate and share information 
required for the screening process. 
‘‘(g) DELEGATION TO DIRECTOR.—Any agency with 
authority over the planned importation of a live aquatic 
organism may delegate to the Director the screening proc-
ess carried out under this section.
‘‘(h) CATALOG OF ORGANISMS IN TRADE.—Not later 
than 1 year after the date of enactment of the National 
Aquatic Invasive Species Act of 2003, the Director of the 
United States Geological Survey and the Director of the 
Smithsonian Environmental Research Center, in coopera-
tion with agencies with jurisdiction over planned importa-
tions of live organisms, shall—
‘‘(1) develop and update as necessary a catalog 
of organisms in trade; and 
‘‘(2) include the list in the information provided 
to the public pursuant to section 1102(f). 
‘‘(i) REVIEW AND REVISION.—
‘‘(1) IN GENERAL.—At least once every 3 years, 
the Council, in conjunction with the Task Force, 
shall use research on early detection and monitoring 
under section 1106, among other information 
sources, to review and revise the screening, guide-
lines, and process carried out under this section. 
‘‘(2) REPORT.—The Invasive Species Council 
shall include in its report to Congress required pur-
suant to section 1201(f)(2)(B)—
‘‘(A) an evaluation of the effectiveness of 
the screening processes carried out under this 
section; 
‘‘(B) an evaluation of the consistency of 
the application of the screening by agencies; 
and 
‘‘(C) recommendations for revisions of the 
processes.
‘‘(j) PROHIBITIONS.—It shall be unlawful for any 
person subject to the jurisdiction of the United States to 
import an organism described under subsection (c) or (d) 
or in violation of regulations promulgated under this sec-
tion. 
‘‘(k) PENALTIES.—
‘‘(1) CIVIL PENALTIES.—Any person who vio-
lates subsection (j) shall be liable for a civil penalty 
in an amount not to exceed $50,000.
‘‘(2) CRIMINAL PENALTIES.—Any person who 
knowingly violates subsection (j) is guilty of a class 
C felony. 
‘‘(l) FEES.—The head of any agency that has juris-
diction over a planned importation of a live organism sub-
ject to screening under this Act may increase the amount 
of any appropriate fee that is charged under an authority 
of law to offset the cost of any screening process carried 
out under this section. 
‘‘(m) INFORMATION.—A Federal agency conducting 
a screening process under this section shall make the re-
sults of the process available to the public (including inter-
national organizations).
‘‘(n) REGULATIONS.—The Director may issue regula-
tions to implement this section.
‘‘(o) APPLICABILITY: EFFECT ON OTHER LAWS.—
Nothing in this section shall be construed as repealing, 
superseding, or modifying any provision of Federal or 
state law.’’.
TITLE 
III—EARLY 
DETECTION; 
RAPID RESPONSE; CONTROL 
AND OUTREACH 
SEC. 301. EARLY DETECTION. 
Subtitle B of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711 et 
seq.) (as amended by section 202) is amended by adding 
at the end the following: 
‘‘SEC. 1106. EARLY DETECTION AND MONITORING. 
‘‘(a) EARLY DETECTION.—
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of the National Aquatic 
Invasive Species Act of 2003, in conjunction with 
the Council, the Task Force shall develop and pro-
mulgate a set of sampling protocols, a geographic 
plan, and budget to support a national system of ec-
ological surveys to rapidly detect recently established 
aquatic invasive species in waters of the United 
States. 
‘‘(2) CONTENTS.—The protocols, plan, and 
budget shall, at a minimum—
‘‘(A) address a diversity of aquatic eco-
systems of the United States (including inland 
and coastal waters); 
‘‘(B) encourage State, local, port, and trib-
al participation in monitoring; 
‘‘(C) balance scientific rigor with practica-
bility, timeliness, and breadth of sampling activ-
ity; 
‘‘(D) consider the pathways and/or orga-
nisms identified under section 1210; 
‘‘(E) include a capacity to evaluate the im-
pacts of permitted importations screened by the 
processes established under section 1105; and 
‘‘(F) include clear lines of communication 
with appropriate Federal, State, and regional 
rapid response authorities. 
‘‘(3) IMPLEMENTATION.—Not later than 2 
years after the date of enactment of the National 
Aquatic Invasive Species Act of 2003, the Director 
of the United States Fish and Wildlife Service, the 
Administrator of the National Oceanic and Atmos-
pheric Administration, and the Administrator (in 
consultation with the Invasive Species Council and 
in coordination with other agencies) shall implement 
a national system of ecological surveys that is—
‘‘(A) carried out in cooperation with State, 
local, port, tribal authorities, and other non-
Federal entities (such as colleges and univer-
sities); and 
‘‘(B) based on the protocols, plan, and 
budget published under subsection (a)(1) and 
any public comment.’’. 
SEC. 302. RAPID RESPONSE. 
Subtitle C of title I of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4721 et seq.) is further amended by adding at the end 
the following: 
‘‘SEC. 1211. RAPID RESPONSE. 
‘‘(a) STATE RAPID RESPONSE CONTINGENCY STRAT-
EGIES.—
‘‘(1) EMERGENCY
FUNDS
FOR
RAPID
RE-
SPONSE.—A State that has in effect a rapid re-
sponse contingency strategy for invasive species in 
the State, including rapid assessment capabilities, 
that is approved under paragraph (2) shall be eligi-
ble to receive emergency funding to remain available 
until expended to implement rapid response meas-
ures for aquatic invasive species under the strategy, 
subject to renewal, as determined by the Secretary
of the Interior and the Secretary in accordance with 
paragraph (2). 
‘‘(2) APPROVAL OF RAPID RESPONSE CONTIN-
GENCY STRATEGIES.—The Task Force, in consulta-
tion with the Invasive Species Council, shall approve 
a State rapid response contingency strategy de-
scribed in paragraph (1) if the strategy—
‘‘(A) identifies all key governmental and 
nongovernmental partners to be involved in car-
rying out the strategy; 
‘‘(B) clearly designates the authorities and 
responsibilities of each partner, including the 
authority of any State or government of an In-
dian tribe to distribute emergency funds; 
‘‘(C) specifies criteria for rapid response 
measures, including a diagnostic system that—
‘‘(i) distinguishes cases in which rapid 
response has a likelihood of success and 
cases in which rapid response has no likeli-
hood of success; 
‘‘(ii) 
distinguishes 
rapid 
response 
measures from ongoing management and 
control of established populations of aquat-
ic invasive species; and
‘‘(iii) distinguishes instances in which 
the rate and probability of organism dis-
persal is significantly altered by vessel 
movements; 
‘‘(D) includes an early detection strategy 
that supports or complements the early detec-
tion and monitoring system developed under 
section 1106; 
‘‘(E) provides for a monitoring capability 
to assess—
‘‘(i) the extent of infestations; and
‘‘(ii) the effectiveness of rapid re-
sponse efforts; 
‘‘(F) to the maximum extent practicable, is 
integrated into the State aquatic invasive spe-
cies management plan approved under section 
1204; 
‘‘(G) to the maximum extent possible, does 
not use rapid response tools that do not meet 
environmental criteria developed under sub-
section (e)(4);
‘‘(H) includes a public education and out-
reach component directed at—
‘‘(i) potential pathways for spread of 
aquatic invasive species; and
‘‘(ii) persons involved in industries 
and recreational activities associated with 
those pathways; and 
‘‘(I) to the extent that the strategy involves 
vessels, conforms with guidelines issued by the 
Secretary under subsection (c)(2). 
‘‘(b) REGIONAL RAPID RESPONSE CONTINGENCY 
STRATEGIES.—The Task Force, with the concurrence of 
the Invasive Species Council and in consultation with the 
regional panels of the Task Force established under sec-
tion 1203, shall encourage the development of regional 
rapid response contingency strategies that—
‘‘(1) provide a consistent and coordinated ap-
proach to rapid response; and 
‘‘(2) are approved by—
‘‘(A) the Secretary; and 
‘‘(B) the Governors and Indian tribes hav-
ing jurisdiction over areas within a region. 
‘‘(c) 
MODEL
RAPID
RESPONSE
CONTINGENCY 
STRATEGIES.—Not later than 18 months after the date 
of enactment of the National Aquatic Invasive Species Act 
of 2003—
‘‘(1) the Task Force, with the concurrence of 
the Invasive Species Council and the regional panels
of the Task Force established under section 1203, 
shall develop—
‘‘(A) a model State rapid response contin-
gency strategy for aquatic invasive species, in-
cluding rapid assessment capability, that in-
cludes, to the maximum extent practicable, the 
components listed under subparagraphs (A) 
through (H) of subsection (a)(2); and 
‘‘(B) a model regional rapid response con-
tingency strategy for aquatic invasive species; 
and 
‘‘(2) the Secretary, in concurrence with the 
Task Force and the regional panels, shall issue 
guidelines that describe vessel-related requirements 
that may be used in a rapid response contingency 
strategy, including specific requirements for strategy 
approved under this section. 
‘‘(d) COST SHARING.—
‘‘(1) STATE
RAPID
RESPONSE
CONTINGENCY 
STRATEGIES.—The Federal share of the cost of ac-
tivities carried out under a State rapid response con-
tingency strategy approved under subsection (a) 
shall be not less than 50 percent.
‘‘(2) REGIONAL RAPID RESPONSE CONTINGENCY 
STRATEGIES.—The Federal share of the cost of ac-
tivities carried out under a regional rapid response 
contingency strategy approved under subsection (b) 
shall be not less than 75 percent. 
‘‘(e) FEDERAL RAPID RESPONSE TEAMS.—
‘‘(1) ESTABLISHMENT
OF
TEAMS.—Not later 
than 1 year after the date of enactment of the Na-
tional Aquatic Invasive Species Act of 2003, the 
Invasive Species Council, in coordination with the 
Task Force and the heads of appropriate Federal 
agencies, shall establish a Federal rapid response 
team for each of the 10 Federal regions that com-
prise the Standard Federal Regional Boundary Sys-
tem. 
‘‘(2) DUTIES OF TEAMS.—Each Federal rapid 
response team shall, at a minimum—
‘‘(A) implement rapid eradication or con-
trol responses for newly detected aquatic 
invasive species on Federal and tribal land; 
‘‘(B) carry out, or assist in carrying out, 
rapid responses for newly detected aquatic 
invasive species on non-Federal land at the re-
quest of a State, Indian tribe, or group of 
States or Indian tribes, with a rapid response 
contingency strategy approved under subsection 
(a) or (b);
‘‘(C) provide training and expertise for 
State, tribal, or regional rapid responders; 
‘‘(D) provide central sources of informa-
tion for rapid responders; 
‘‘(E) maintain a list of researchers and 
rapid response volunteers; and 
‘‘(F) in carrying out any rapid response 
activity with respect to an aquatic noxious weed 
listed under section 412(f) of the Plant Protec-
tion Act (7 U.S.C. 7712(f)), include representa-
tives of the Animal and Plant Health Inspection 
Service. 
‘‘(3) CRITERIA
FOR
IDENTIFYING
CASES
OF 
RAPID
RESPONSE
WARRANTING
FEDERAL
ASSIST-
ANCE.—Not later than 1 year after the date of en-
actment of the National Aquatic Invasive Species 
Act of 2003, the Task Force, with the concurrence 
of the Invasive Species Council, shall develop criteria 
to identify cases of rapid response warranting Fed-
eral assistance under this subsection, including cri-
teria relating to, at a minimum—
‘‘(A) the extent to which infestations of 
aquatic invasive species may be managed suc-
cessfully by rapid response;
‘‘(B) the extent to which rapid response ef-
forts may differ from ongoing management and 
control; and 
‘‘(C) the extent to which infestations of 
nonindigenous aquatic invasive species are con-
sidered to be an acute or chronic threat to—
‘‘(i) biodiversity of native fish and 
wildlife; 
‘‘(ii) habitats of native fish and wild-
life; or 
‘‘(iii) human health.
‘‘(4) ENVIRONMENTAL
CRITERIA.—Not later 
than 1 year after the date of enactment of the Na-
tional Aquatic Invasive Species Act of 2003, the Ad-
ministrator, in consultation with the Invasive Spe-
cies Council, the Secretary of Transportation, the 
Task Force (including regional panels of the Task 
Force established under section 1203), the Director, 
and the Director of the National Marine Fisheries 
Service, shall develop environmental criteria to mini-
mize nontarget environmental impacts of rapid re-
sponses carried out pursuant to this section.’’.
SEC. 303. DISPERSAL BARRIERS. 
(a) IN GENERAL.—Section 1202 of the Nonindige-
nous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4722) is amended— 
(1) by redesignating subsections (j) and (k) as 
subsections (l) and (m), respectively; and 
(2) by inserting after subsection (i) the fol-
lowing: 
‘‘(j) NATIONAL DISPERSAL BARRIER PROGRAM.—
‘‘(1) CHICAGO
RIVER
SHIP
AND
SANITARY 
CANAL DISPERSAL BARRIER PROJECT.—
‘‘(A) IN
GENERAL.—The Assistant Sec-
retary, with the concurrence of the Adminis-
trator, shall complete construction of, operate, 
and maintain, the Chicago River Ship and Sani-
tary Canal dispersal barrier project. 
‘‘(B) CONSULTATION.—Subparagraph (A) 
shall be carried out in consultation with the ap-
propriate Federal, State, local, and other non-
governmental entities. 
‘‘(C) CONSTRUCTION.—The completed bar-
rier project shall include additions to the dis-
persal barrier in existence on the date of enact-
ment of the National Aquatic Species Act of 
2003, including—
‘‘(i) backup power;
‘‘(ii) a research vessel launching 
crane; 
‘‘(iii) replacement electrodes; 
‘‘(iv) other barrier elements, as avail-
able and appropriate; 
‘‘(v) an acoustic monitoring system; 
‘‘(vi) an emergency egress system; and 
‘‘(vii) a second long-service life dis-
persal barrier. 
‘‘(D) FEASIBILITY
STUDY
OF
CHICAGO 
RIVER SHIP AND SANITARY CANAL.—
‘‘(i) IN GENERAL.—Not later than 3 
years after the date of enactment of the 
National Aquatic Invasive Species Act of 
2003, the Assistant Secretary, in consulta-
tion with appropriate Federal, State, local, 
and nongovernmental entities, shall con-
duct a feasibility study of the full range of 
options available to prevent the spread of 
aquatic species through the Chicago River 
Ship and Sanitary dispersal barrier. 
‘‘(ii) MATTERS TO BE STUDIED.—The 
study shall—
‘‘(I) 
provide 
recommendations 
concerning additional and long-term
measures necessary to improve the 
performance of the Chicago River 
Ship and Sanitary Canal dispersal 
barrier; and 
‘‘(II) examine methods and meas-
ures necessary to achieve, to the max-
imum extent practicable, 100-percent 
efficacy of the barrier with respect to 
aquatic invasive species of fish and 
maximum efficacy of the barrier with 
respect to other taxa of aquatic 
invasive species. 
‘‘(2) MONITORING PROGRAM.—
‘‘(A) ESTABLISHMENT.—Not later than 1 
year after the date of enactment of the Na-
tional Aquatic Invasive Species Act of 2003, the 
Secretary of the Interior shall establish an 
interbasin and intrabasin monitoring program. 
‘‘(B) REQUIRED
ELEMENTS.—The moni-
toring program shall—
‘‘(i) track aquatic invasive species 
moving through the Chicago River Ship 
and Sanitary Canal, the Lake Champlain 
Canal, other interbasin waterways, and
major river systems as recommended by re-
gional panels convened under section 1203; 
‘‘(ii) assess the efficacy of dispersal 
barriers and other measures in preventing 
the spread of aquatic invasive species 
through the waterways; and 
‘‘(iii) identify waterways suitable for 
dispersal barrier demonstration projects, in 
addition to the waterways at which dis-
persal barrier demonstration projects were 
carried out before the date of enactment of 
the National Aquatic Invasive Species Act 
of 2003. 
‘‘(C) REPORTS.—The Secretary of the In-
terior shall issue biennial reports on the find-
ings of the monitoring program. 
‘‘(3) PREVENTION AND MITIGATION PLANS FOR 
ARMY CORPS OF ENGINEERS PROJECTS.—In devel-
oping projects involving interbasin waterways or 
other hydrologic alternations that could create path-
ways for aquatic invasive species, the Assistant Sec-
retary shall develop adequate prevention and mitiga-
tion plans for controlling the dispersal of aquatic 
invasive species.
‘‘(4) 
TECHNICAL
ASSISTANCE.—The 
Great 
Lakes Environmental Research Laboratory of the 
National Oceanic and Atmospheric Administration 
shall provide technical assistance to appropriate enti-
ties to assist in the research conducted under this 
subsection. 
‘‘(5) REPORTS.—Not later than 3 years after 
the date of enactment of the National Aquatic 
Invasive Species Act of 2003, the Assistant Sec-
retary and the Director shall jointly submit to the 
Congress a report that describes—
‘‘(A) the efficacy of the Chicago River Ship 
and Sanitary Canal dispersal barrier project; 
and 
‘‘(B) a plan to provide for additional dis-
persal barrier demonstration projects and fur-
ther research needs. 
‘‘(6) ADDITIONAL WATERWAYS.—The Assistant 
Secretary, with the concurrence of the Adminis-
trator, and other relevant Federal agencies, shall— 
‘‘(A) identify additional waterways suitable 
for the construction of new dispersal barriers 
(based on the monitoring program established 
under paragraph (2)); and
‘‘(B) construct, maintain, and operate such 
dispersal barriers as necessary.’’.
SEC. 304. ENVIRONMENTAL SOUNDNESS. 
Section 1202 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4722) is 
further amended by inserting after subsection (j) the fol-
lowing: 
‘‘(k) IMPROVEMENT OF TREATMENT METHODS FOR 
AQUATIC INVASIVE SPECIES.—
‘‘(1) CRITERIA TO EVALUATE ENVIRONMENTAL 
SOUNDNESS OF TREATMENT METHODS.—
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of the National 
Aquatic Invasive Species Act of 2003, the Ad-
ministrator, in consultation and cooperation
with the Secretary, the Invasive Species Coun-
cil, and the Task Force (including any regional 
panels of the Task Force) shall promulgate cri-
teria to evaluate the treatment methods de-
scribed in subparagraph (B) for the purpose of 
ensuring that the treatment methods pose no 
significant threat of adverse effect on human 
health, public safety, or the environment (in-
cluding air quality and the aquatic environ-
ment) that is acute, chronic, cumulative, or col-
lective. 
‘‘(B) TREATMENT METHODS.—The treat-
ment methods referred to in subparagraph (A) 
are all chemical, biological, and other treatment 
methods used in bodies of water of the United 
States (regardless of whether the bodies of 
water are navigable and regardless of the origin 
of the waters), to prevent, treat, or respond to 
the introduction of aquatic invasive species. 
‘‘(C) CONSULTATION.—In carrying out 
subparagraph (A), the Administrator shall con-
sult with—
‘‘(i) the Secretary of Transportation;
‘‘(ii) the Task Force (including the re-
gional panels of the Task Force established 
under section 1203); 
‘‘(iii) the Director; 
‘‘(iv) the Assistant Secretary; 
‘‘(v) the Director of the National Ma-
rine Fisheries Service; and 
‘‘(vi) relevant State agencies. 
‘‘(2) PUBLICATION OF INFORMATION ON ENVI-
RONMENTALLY SOUND TREATMENT METHODS.—The 
Administrator, in consultation with the Invasive Spe-
cies Council, shall publish (not later than 1 year 
after the date of enactment of the National Aquatic 
Invasive Species Act of 2003) and update annu-
ally—
‘‘(A) a list of environmentally sound treat-
ment methods that may apply to a potential 
aquatic invasive species response effort; 
‘‘(B) accompanying research that supports 
the environmental soundness of each approved 
treatment method; and 
‘‘(C) explicit guidelines under which each 
treatment method can be used in an environ-
mentally sound manner. 
‘‘(3) REPORTS.—The Invasive Species Council 
and Task Force shall include the information de-
scribed in paragraph (2) in the reports submitted 
under section 1201(f)(2)(B).’’. 
SEC. 305. SPECIFIC INVASIVE SPECIES CONTROL PRO-
GRAMS. 
Section 1209 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4728) is 
amended to read as follows: 
‘‘SEC. 1209. SPECIFIC INVASIVE SPECIES CONTROL PRO-
GRAMS. 
‘‘(a) BROWN TREE SNAKE.—
‘‘(1) IN GENERAL.—The Task Force and the 
Invasive Species Council shall support the continu-
ation and expansion of a regionally based com-
prehensive, environmentally sound program, con-
ducted in coordination with territories and posses-
sions of the United States, States, and political sub-
divisions, to control the brown tree snake on Guam, 
the Commonwealth of the Northern Mariana Is-
lands, the State of Hawaii, and other areas in which 
the brown tree snake is, or may become, established 
outside of the historic range of the brown tree 
snake. 
‘‘(2) COMPONENTS.—The program shall in-
clude—
‘‘(A) the expansion of Federal and terri-
torial control programs on Guam that reduce 
the undesirable impact of the brown tree snake 
on Guam and reduce the risk of spread to areas 
in which the snake is not established; 
‘‘(B) the expansion of existing control pro-
grams in the Commonwealth of the Northern 
Mariana Islands and the State of Hawaii, in-
cluding the establishment of interagency rapid 
response teams to assist local governments with 
detecting brown tree snakes and incipient
brown tree snake populations in areas in which 
brown tree snakes are not established; 
‘‘(C) product-oriented research based on 
control program needs, including projects to re-
duce the number of brown tree snakes on Guam 
and an analysis of pathways for brown tree 
snake introduction into areas in which the spe-
cies is not established;
‘‘(D) the appointment of a coordinator by 
the Invasive Species Council to provide over-
sight and direction over Federal actions dealing 
with brown tree snake control; and 
‘‘(E) the continuation of the Brown Tree 
Snake Control Committee, which shall—
‘‘(i) be chaired by the coordinator; 
and 
‘‘(ii) meet annually to plan and co-
ordinate ongoing brown tree snake control 
activities on a regional and national level. 
‘‘(b) NUTRIA.—
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the National Aquatic 
Invasive Species Act of 2003, the Task Force shall 
establish a national subcommittee on nutria com-
posed of representatives of—
‘‘(A) the United States Fish and Wildlife 
Service; 
‘‘(B) the United States Geological Survey; 
‘‘(C) State fish and wildlife agencies in 
States affected by nutria; and 
‘‘(D) nonprofit and commercial interests in 
nutria and the impact of nutria on native habi-
tat and species. 
‘‘(2) PROPOSAL
FOR
NUTRIA
CONTROL.—Not 
later than 1 year after the date of enactment of the 
National Aquatic Invasive Species Act of 2003, the 
subcommittee shall—
‘‘(A) report to the Task Force on actions 
taken to carry out this subsection; 
‘‘(B) draft a proposal for—
‘‘(i) nutria control guidelines; and 
‘‘(ii) support, criteria, and processes 
for grants to promote State and regional 
partnership efforts to control nutria in ac-
cordance with the guidelines; and 
‘‘(C) submit the proposal to the Task 
Force for approval, including a recommendation 
to the Task Force on national priority tasks 
and resources required to carry out the pro-
posal.
‘‘(3) OTHER DUTIES.—In addition to the re-
sponsibilities described in paragraph (2), the sub-
committee shall—
‘‘(A) oversee and coordinate implementa-
tion of approved national priority tasks relating 
to nutria control; 
‘‘(B) review State and regional partnership 
grant proposals and make recommendations to 
the Task Force on making grants to carry out 
the proposals; and 
‘‘(C) carry out additional duties assigned 
to the subcommittee by the Task Force (includ-
ing a co-chairperson of the Task Force).’’. 
SEC. 306. INFORMATION, EDUCATION, AND OUTREACH. 
Section 1202(h) of the Nonindigenous Aquatic Nui-
sance Prevention and Control Act of 1990 (16 U.S.C. 
4722(h)) is amended—
(1) by striking ‘‘(h) EDUCATION.—The Task 
Force’’ and inserting the following: 
‘‘(h) INFORMATION, EDUCATION, AND OUTREACH.—
‘‘(1) IN GENERAL.—The Task Force’’; and 
(2) by adding at the end the following: 
‘‘(2) ACTIVITIES.—
‘‘(A) IN GENERAL.—The programs carried 
out under paragraph (1) shall include the ac-
tivities described in this paragraph. 
‘‘(B) PUBLIC OUTREACH.—
‘‘(i) PUBLIC
WARNINGS.—Not later 
than 180 days after the date of enactment 
of the National Aquatic Invasive Species 
Act of 2003, each Federal officer of an 
agency that provides Federal funds to 
States for building or maintaining public 
access points to United States water bodies 
shall amend the guidelines of the agency, 
in consultation with relevant State agen-
cies, to encourage the posting of regionally 
specific public warnings or other suitable 
informational and educational materials at 
the access points regarding—
‘‘(I) the danger of spread of 
aquatic invasive species through the 
transport of recreational watercraft; 
and 
‘‘(II) methods for removing orga-
nisms 
prior 
to 
transporting 
a 
watercraft.
‘‘(ii) CLEANING OF WATERCRAFT AT 
MARINAS.—Not later than 1 year after the 
date of enactment of the National Aquatic 
Invasive Species Act of 2003, the Under 
Secretary and the Director (in cooperation 
with the Task Force and in consultation 
with the States, relevant industry groups, 
and Indian tribes) shall develop an edu-
cation, outreach, and training program di-
rected toward marinas and marina opera-
tors regarding—
‘‘(I) checking watercraft for live 
organisms; 
‘‘(II) removing live organisms 
from 
the 
watercraft 
before 
the 
watercraft 
are 
commercially 
or 
recreationally trailered; 
‘‘(III) encouraging regular hull 
cleaning and maintenance, avoiding 
in-water hull cleaning; and 
‘‘(IV) other activities, as identi-
fied by the Secretary. 
‘‘(iii) PROPER
DISPOSAL
OF
NON-
NATIVE
LIVE
AQUATIC
ORGANISMS
IN 
TRADE.—The Task Force shall—
‘‘(I) not later than 1 year after 
the date of enactment of the National 
Aquatic Invasive Species Act of 2003, 
develop (in consultation with industry 
and other affected parties) issue 
guidelines for proper disposal of live 
nonnative aquatic organisms in trade; 
and 
‘‘(II) use the guidelines in appro-
priate public information and out-
reach efforts. 
‘‘(C) 100TH MERIDIAN PROGRAM.—
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the 
National Aquatic Invasive Species Act of 
2003, the Task Force shall expand the in-
formation and education program directed 
at recreational boaters in States from 
which watercraft are transported westward 
across the 100th meridian. 
‘‘(ii) ACTIVITIES.—In carrying out the 
program, the task force shall—
‘‘(I) survey owners of watercraft 
transported 
westward 
across 
the
100th meridian to determine the 
States of origin of most such owners; 
‘‘(II) provide information directly 
to watercraft owners concerning the 
importance of cleaning watercraft car-
rying live organisms before trans-
porting the watercraft; and
‘‘(III) support education and in-
formation programs of the States of 
origin to ensure that the State pro-
grams address westward spread. 
‘‘(D) INFORMATION AND EDUCATION PRO-
GRAM BY NATIONAL PARK SERVICE.—The Sec-
retary of the Interior, acting through the Direc-
tor of the National Park Service, shall develop 
a program to provide public outreach and other 
educational activities to prevent the spread of 
aquatic 
invasive 
species 
by 
recreational 
watercraft in parkland or through events spon-
sored by the National Park Service, including 
the Lewis and Clark Bicentennial Expedition. 
‘‘(3) OUTREACH
TO
INDUSTRY.—The Task 
Force, in conjunction with the Invasive Species 
Council, shall carry out activities to inform and pro-
mote voluntary cooperation and regulatory compli-
ance by members of the national and international 
maritime, horticultural, aquarium, aquaculture, and 
pet trade industries with screening, monitoring, and 
control of the transportation of aquatic invasive spe-
cies. 
‘‘(4) PUBLIC ACCESS TO MONITORING INFORMA-
TION.—The Task Force, the Invasive Species Coun-
cil, and other relevant agencies, shall maintain infor-
mation on the Internet regarding—
‘‘(A) the best approaches for the public 
and private interests to use in assisting with 
national early detection and monitoring of 
aquatic invasive species in waters of the United 
States; 
‘‘(B) contact locations for joining a na-
tional network of monitoring stations; 
‘‘(C) approved State Management Plans 
under section 1204(a) and Rapid Response 
Contingency 
Strategies 
under 
sections 
1211(a)(2) and 1211(c); and 
‘‘(D) the list of potential invaders under 
section 1201(a)(4).’’.
TITLE IV—COORDINATION 
SEC. 401. PROGRAM COORDINATION. 
(a) MEMBERSHIP OF TASK FORCE.—Section 1201(b) 
of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4721) is amended—
(1) in paragraph (6), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (7) as para-
graph (12); and 
(3) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) the Director of the United States Geologi-
cal Survey; 
‘‘(8) the Director of the Smithsonian Environ-
mental Research Center; 
‘‘(9) the Secretary of State; 
‘‘(10) the Secretary of Transportation; 
‘‘(11) the Secretary of Homeland Security; 
and’’. 
(b) COORDINATION WITH INVASIVE SPECIES COUN-
CIL.—Section 1201(f) of the Nonindigenous Aquatic Nui-
sance Prevention and Control Act of 1990 (16 U.S.C. 
4721(f)) is amended—
(1) by striking ‘‘Each Task Force member’’ and 
inserting the following:
‘‘(1) IN GENERAL.—Each member of the Task 
Force’’; and 
(2) by adding at the end the following: 
‘‘(2) 
INVASIVE
SPECIES
COUNCIL.—The 
Invasive Species Council shall—
‘‘(A) coordinate and cooperate with the 
Task Force in carrying out the duties of the 
Invasive Species Council relating to aquatic 
invasive species; 
‘‘(B) not later than 2 years after the date 
of enactment of the National Aquatic Invasive 
Species Act of 2003, and every 3 years there-
after, submit to Congress a report that summa-
rizes the status of the conduct of activities au-
thorized by and required under this Act; and 
‘‘(C) establish any regional panels or task 
forces in coordination with the regional panels 
of the Task Force convened under section 
1203.’’.
(c) COORDINATION WITH OTHER PROGRAMS.—Sec-
tion 1202(c) of the Nonindigenous Aquatic Nuisance Pre-
vention and Control Act of 1990 (16 U.S.C. 4722(c)) is 
amended by adding at the end the following: 
‘‘(3) RECOMMENDATIONS FOR LISTS.—
‘‘(A) IN GENERAL.—The Task Force shall 
annually recommend to Federal agencies of ju-
risdiction such additions of aquatic invasive 
species as the Task Force determines to be ap-
propriate for inclusion on—
‘‘(i) any list of species of wildlife 
under the Lacey Act Amendments of 1981 
(16 U.S.C. 3371 et seq.) (including regula-
tions under such Act); or 
‘‘(ii) any list of noxious weeds under 
the Plant Protection Act (7 U.S.C. 7701 et 
seq.) (including regulations promulgated 
under that Act contained in part 360 of 
title 7, Code of Federal Regulations (or 
any successor regulations)).
‘‘(B) PROCESS.—The Task Force may use 
the screening process developed pursuant to 
section 1105 to identify species pursuant to 
subparagraph (A).’’. 
(d) REGIONAL COORDINATION.—Section 1203 of the 
Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4723) is amended by adding at 
the end the following: 
‘‘(d) ANNUAL INTERREGIONAL MEETING.—The Task 
Force shall annually convene all regional panels estab-
lished pursuant to this Act for the purpose of information 
transfer between and among panels, and between the pan-
els and the Task Force, regarding aquatic invasive species 
management. 
‘‘(e) ORGANIZATIONS.—An interstate organization 
that has a Federal charter authorized by law, interstate 
agreement, or Executive order for purposes of fisheries or 
natural resource management may receive funds under 
this Act to implement activities authorized under this 
Act.’’. 
(e) STATE AQUATIC INVASIVE SPECIES MANAGE-
MENT PLANS.—Section 1204(a) of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4724(a)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (A), by inserting be-
fore the semicolon at the end the following: ‘‘, 
including, in accordance with guidelines issued 
by the Task Force under paragraph (5)—
‘‘(i) rapid response contingency strate-
gies under section 1211; 
‘‘(ii) early detection strategies under 
section 1211(a)(2)(D); 
‘‘(iii) aquatic plant control programs 
pursuant to other law; and
‘‘(iv) screening of planned introduc-
tions pursuant to section 1105’’; and 
(B) in subparagraph (D), by inserting ‘‘in-
clude’’ after ‘‘(D)’’; and 
(2) by adding at the end the following: 
‘‘(5) GUIDELINES.—
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of the National 
Aquatic Invasive Species Act of 2003, the Task 
Force shall publish in the Federal Register 
guidelines for the development of plans under 
this subsection, including guidelines for report-
ing progress in implementing the plans, to en-
courage consistency in implementation of and 
reporting under those plans. 
‘‘(B) GUIDELINES.—The guidelines pub-
lished under subparagraph (A) shall include, for 
the purpose of paragraph (2)(A), guidelines 
concerning—
‘‘(i) rapid response contingency strate-
gies under section 1211; 
‘‘(ii) early detection and monitoring 
strategies under section 1211(a)(2)(D); 
‘‘(iii) aquatic plant control programs;
‘‘(iv) screening of planned introduc-
tions pursuant to and consistent with sec-
tion 1105; and 
‘‘(v) the review and revision of re-
quirements of this subsection and the re-
approval process under this subsection. 
‘‘(6) RELATIONSHIP TO OTHER PLANS.—
‘‘(A) IN
GENERAL.—A plan approved 
under paragraph (4) shall be deemed to meet 
any State planning requirement of the program 
established under section 104 of the River and 
Harbor Act of 1958 (33 U.S.C. 610) for a plan 
to control noxious aquatic plant growths.
‘‘(B) ENFORCEMENT.—Funds provided to 
States for implementation of plans pursuant to 
section 1204 may be used by States to enforce 
requirements relating to aquatic invasive species 
under the Plant Protection Act (7 U.S.C. 7701 
et seq.) (including regulations promulgated 
under that Act contained in part 360 of title 7, 
Code of Federal Regulations (or any successor 
regulations)). 
‘‘(7) REVIEW AND REVISION.—
‘‘(A) IN GENERAL.—Each State shall peri-
odically review and, as necessary and subject to
subparagraph (B), revise the management plan 
of the State in accordance with guidelines of 
the Task Force under paragraph (5). 
‘‘(B) UPDATE
OF
EXISTING
PLANS.—A 
State plan approved under the section before 
the date of the enactment of the National 
Aquatic Species Act of 2003 shall be revised by 
the State under guidelines issued by the Direc-
tor to conform to the guidelines published 
under paragraph (5), but shall be treated as a 
plan approved under this subsection for pur-
poses of grants under this section.
‘‘(8) OTHER STATE MANAGEMENT PLANS.—In 
addition to the management plans required under 
this subsection, the Director shall encourage each 
State to develop and implement new, and expand ex-
isting, State management plans to improve State ac-
tions to prevent and control aquatic invasive spe-
cies.’’. 
(f) GRANT PROGRAM.—Section 1204(b)(1) of the 
Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4724(b)(1)) is amended by strik-
ing ‘‘subsection (a) for the implementation of those 
plans.’’ and inserting the following: ‘‘subsection (a)—
‘‘(A) to develop those plans with a total 
amount that does not exceed 10 percent of the 
amounts made available for grants under this 
section for each fiscal year; and 
‘‘(B) to implement those plans.’’. 
SEC. 402. INTERNATIONAL COORDINATION. 
Subtitle E of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4751 et 
seq.) is amended—
(1) by striking the subtitle heading and insert-
ing the following: 
‘‘Subtitle E—Administration’’; 
and 
(2) by adding at the end the following: 
‘‘SEC. 1402. INTERNATIONAL COORDINATION. 
‘‘(a) IN GENERAL.—The Task Force, the Invasive 
Species Council, and the Secretary of State shall, to the
maximum extent practicable, coordinate activities to en-
sure that international efforts to prevent and manage 
aquatic invasive species (including through the Inter-
national Maritime Organization, the International Con-
vention on the Exploration of the Sea, the Global Invasive 
Species Program, and other appropriate programs) are co-
ordinated with policies of the United States established by 
this Act.
‘‘(b) COORDINATION WITH NEIGHBORING COUN-
TRIES.—
‘‘(1) IN GENERAL.—The Task Force, in con-
sultation with the Secretary of State, shall include in 
the report required by section 1202(m) a description 
of the means by which international agreements and 
regulations with countries that share a border with 
the United States will be implemented and enforced 
by Federal agencies (including a clarification of the 
roles and responsibilities of those agencies). 
‘‘(2) NEGOTIATIONS.—As soon as practicable 
after the date of enactment of the National Aquatic 
Invasive Species Act of 2003, the Secretary of State 
may enter into negotiations with—
‘‘(A) Canada to issue a request that the 
International Joint Commission, by not later 
than 18 months after the date of enactment of 
that Act, review, research, conduct hearings on, 
and submit to the parties represented on the 
International Joint Commission a report that 
describes the success of current policies of gov-
ernments in the United States and Canada hav-
ing jurisdiction over the Great Lakes in antici-
pating and preventing biological invasions of
the aquatic ecosystem in the Great Lakes, in-
cluding—
‘‘(i) an analysis of current Federal, 
State or Provincial, local, and international 
laws, enforcement practices, and agree-
ments; 
‘‘(ii) an analysis of prevention efforts 
related to all likely pathways for biological 
invasions of the aquatic ecosystem in the 
Great Lakes; and 
‘‘(iii) recommendations of the Inter-
national Joint Commission for means by 
which to improve and harmonize the poli-
cies and enforcement practices referred to 
in clause (i); and 
‘‘(B) Mexico, to ensure coordination of ef-
forts of the United States with efforts of Mex-
ico to manage invasive species established in the 
United States-Mexico border region.’’. 
TITLE V—AUTHORIZATION OF 
APPROPRIATIONS 
SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 
Section 1301 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4741) is 
amended to read as follows:
‘‘SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—Except as otherwise provided in 
this section, there are authorized to be appropriated such 
sums as are necessary to carry out this Act for each of 
fiscal years 2004 through 2008. 
‘‘(b) TASK FORCE AND AQUATIC NUISANCE SPECIES 
PROGRAM.—There are authorized to be appropriated for 
each of fiscal years 2004 through 2008—
‘‘(1) $8,000,000, to carry out activities of the 
Task Force under section 1202, of which—
‘‘(A) $4,000,000 shall be used by the Di-
rector; 
‘‘(B) $3,000,000 shall be used by the Na-
tional Oceanic and Atmospheric Administration; 
and 
‘‘(C) $1,000,000 shall be used by the 
Invasive Species Council; 
‘‘(2) $30,000,000, to provide grants under sec-
tion 1204(b); 
‘‘(3) $3,000,000, to provide assistance to the 
regional panels of the Task Force; and 
‘‘(4) $1,000,000, to be used by the Director to 
carry out section 1105(g). 
‘‘(c) INTERNATIONAL COORDINATION.—There is au-
thorized to be appropriated to the Department of State
100
to carry out section 1403 $1,000,000 for each of fiscal 
years 2004 through 2008. 
‘‘(d) PREVENTION OF INTRODUCTION BY VESSELS 
OF AQUATIC INVASIVE SPECIES INTO WATERS OF THE 
UNITED STATES.—There are authorized to be appro-
priated for each of fiscal years 2004 through 2008—
‘‘(1) $6,000,000, to be used by the Secretary to 
carry out section 1101; 
‘‘(2) $2,500,000, to be used by the Adminis-
trator to carry out section 1101; and 
‘‘(3) $2,750,000, to be used by the Task Force 
to carry out section 1101, of which—
‘‘(A) $1,500,000 shall be used by the Di-
rector; and 
‘‘(B) $1,250,000 shall be used by the Na-
tional Oceanic and Atmospheric Administration.
‘‘(e) PREVENTION OF THE INTRODUCTION BY NON-
VESSEL PATHWAYS OF AQUATIC INVASIVE SPECIES INTO 
WATERS OF THE UNITED STATES.—There are authorized 
to be appropriated for each of fiscal years 2004 through 
2008—
‘‘(1) $5,000,000, to carry out the priority path-
way management program under section 1210, of 
which—
101
‘‘(A) $2,000,000 shall be used by the Na-
tional Oceanic and Atmospheric Administration; 
and 
‘‘(B) $3,000,000 shall be used by the Di-
rector; 
‘‘(2) $1,000,000, to be used by the Invasive 
Species Council to establish screening guidelines 
under section 1105(b); and 
‘‘(3) $3,500,000, to be used by the Director to 
promulgate and implement screening requirements 
under section 1105(g). 
‘‘(f) EARLY DETECTION AND MONITORING.—There 
is authorized to be appropriated, to carry out early detec-
tion, monitoring, and survey planning and implementation 
under section 1106, $2,000,000 for each of fiscal years 
2004 and 2005 and $10,000,000 for each of fiscal years 
2006 through 2008, of which—
‘‘(1) for each of fiscal years 2004 and 2005—
‘‘(A) $1,000,000 shall be used by the Na-
tional Oceanic and Atmospheric Administration; 
and 
‘‘(B) $1,000,000 shall be used by the Di-
rector; and 
‘‘(2) for each of fiscal years 2006 through 
2008—
102
‘‘(A) $5,000,000 shall be used by the Na-
tional Oceanic and Atmospheric Administration; 
and 
‘‘(B) $5,000,000 shall be used by the Di-
rector. 
‘‘(g) CONTAINMENT AND CONTROL.—
‘‘(1) DISPERSAL BARRIERS.—There are author-
ized to be appropriated for each of fiscal years 2004 
through 2008—
‘‘(A) $300,000, to be used by the Assistant 
Secretary in carrying out operation and mainte-
nance of the Chicago River Canal Dispersal 
Barrier under section 1202(j)(1); 
‘‘(B) $1,800,000, to be used by the Assist-
ant Secretary in carrying out the complete con-
struction of the Chicago River Canal Dispersal 
Barrier; 
‘‘(C) $8,000,000, to be used by the Assist-
ant Secretary for the construction of a second 
long-service life barrier for the Chicago River 
Canal; 
‘‘(D) $500,000, to be used by the Assist-
ant Secretary to carry out a feasibility study for 
the construction described in subparagraph (C); 
and
103
‘‘(E) $2,150,000, to be used by the Direc-
tor to carry out the monitoring program under 
section 1202(j)(2). 
‘‘(2) RAPID RESPONSE.—There are authorized 
to be appropriated for each of fiscal years 2004 
through 2008—
‘‘(A) $25,000,000, to the rapid response 
fund of the Secretary of the Interior established 
under section 1211; 
‘‘(B) $1,000,000, to be used by the 
Invasive Species Council in developing the State 
and regional rapid response contingency strat-
egy under section 1211; and 
‘‘(C) $1,500,000, to be used for Federal 
rapid response teams under section 1211(e), of 
which—
‘‘(i) $500,000 shall be used by the 
National Oceanic and Atmospheric Admin-
istration; and 
‘‘(ii) $1,000,000 shall be used by the 
Director. 
‘‘(3) ENVIRONMENTAL SOUNDNESS.—There is 
authorized to be appropriated for establishment 
under section 1202(k) of criteria for the improve-
ment of treatment methods for aquatic invasive spe-
104
cies $600,000 for each of fiscal years 2003 through 
2007. 
‘‘(4) SPECIFIC
INVASIVE
SPECIES
CONTROL 
PROGRAMS.—There is authorized to be appropriated 
to the Director, to carry out section 1209, 
$9,000,000 for each of fiscal years 2004 through 
2008, of which—
‘‘(A) $3,000,000 shall be used for the nu-
tria control program; and 
‘‘(B) $6,000,000 shall be used for the 
brown tree snake program. 
‘‘(h) INFORMATION, EDUCATION, AND OUTREACH.—
There are authorized to be appropriated for each of fiscal 
years 2004 through 2008—
‘‘(1) $500,000, to be used by the Secretary of 
the Interior to carry out the information and edu-
cation program under section 1202(h)(2)(D); 
‘‘(2) $750,000, to be used by the Director in 
carrying out the 100th meridian program under sec-
tion 1202(h)(2)(C); 
‘‘(3) $2,000,000, to be used to carry out infor-
mational and educational activities of the Task 
Force under section 1202(h), of which—
105
‘‘(A) $1,000,000 shall be used by the Na-
tional Oceanic and Atmospheric Administration; 
and 
‘‘(B) $1,000,000 shall be used by the Di-
rector; and
‘‘(4) $500,000, to be used by the National Oce-
anic and Atmospheric Administration to carry out 
section 1202(h)(2)(B)(ii).’’. 
TITLE VI—CONFORMING 
AMENDMENTS 
SEC. 601. CONFORMING AMENDMENTS. 
(a) IN GENERAL.—The Nonindigenous Aquatic Nui-
sance Prevention and Control Act of 1990 is amended—
(1) in section 1101 (16 U.S.C. 4711), by strik-
ing the section heading and inserting the following: 
‘‘SEC. 1101. PREVENTION OF INTRODUCTION OF AQUATIC 
INVASIVE SPECIES INTO WATERS OF THE 
UNITED STATES BY VESSELS.’’; 
(2) in section 1102 (16 U.S.C. 4712)—
(A) in subsection (a), by striking the sub-
section heading and inserting the following: 
‘‘(a) STUDIES ON INTRODUCTION OF AQUATIC INVASIVE 
SPECIES BY VESSELS.—’’; and 
(B) in subsection (b)—
(i) by striking paragraph (1); and
106
(ii) by redesignating paragraphs (2) 
and (3) as paragraphs (1) and (2), respec-
tively; 
(3) in subtitle C (16 U.S.C. 4721 et seq.), by 
striking the subtitle heading and inserting the fol-
lowing: 
‘‘Subtitle C—Prevention and Con-
trol of Aquatic Invasive Species 
Dispersal’’; 
(4) in section 1201(a) (16 U.S.C. 4721(a)), by 
striking ‘‘Nuisance Species’’ and inserting ‘‘Invasive 
Species’’; 
(5) in section 1202 (16 U.S.C. 4722), by strik-
ing the section heading and inserting the following: 
‘‘SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.’’; 
(6) in section 1204 (16 U.S.C. 4724), by strik-
ing the section heading and inserting the following: 
‘‘SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGE-
MENT PLANS.’’; 
and 
(7) by striking ‘‘aquatic nuisance species’’ each 
place it appears and inserting ‘‘aquatic invasive spe-
cies’’. 
(b) SHORT TITLE.—
107
(1) Section 1001 of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4701) is amended by striking ‘‘Nonindige-
nous Aquatic Nuisance’’ and inserting ‘‘Nonindige-
nous Aquatic Invasive Species’’. 
(2) REFERENCES.—Any reference in a law, 
map, regulation, document, paper, or other record of 
the United States to the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 shall 
be deemed to be a reference to the Nonindigenous 
Aquatic Invasive Species Prevention and Control Act 
of 1990.
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