‘‘(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) CONTROL.—The term ‘control’ means—
‘‘(A) the eradication, suppression, reduc-
tion, or management of an aquatic invasive spe-
cies population;
‘‘(B) the containment of spread of an
aquatic invasive species; and
‘‘(C) any action taken, such as restoration
of native species or habitat—
‘‘(i) to reduce the effects of an aquatic
invasive species; and
‘‘(ii) to prevent further invasions by
the aquatic invasive species.
‘‘(7) DIRECTOR.—The term ‘Director’ means
the Director of the United States Fish and Wildlife
Service.
‘‘(8) ENVIRONMENTALLY
SOUND.—The term
‘environmentally sound’, when used in reference to
any activity or thing, refers to an activity or thing
that prevents 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.
‘‘(9) 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.
‘‘(10) 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).
‘‘(11) 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.
‘‘(12) HYDROGRAPHICALLY DISTINCT ZONES.—
The term ‘hydrographically distinct zones’ means
contiguous coastal areas in which (as determined by
the Task Force) there is the potential for the move-
ment of organisms, both through natural pathways
and a multiplicity of anthropogenic means, such that
the dispersal of most native organisms may not be
significantly altered by the movement of vessels
alone.
‘‘(13) 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).
‘‘(14) 
INTERBASIN
WATERWAY.—The 
term
‘interbasin waterway’ means a waterway that con-
nects 2 distinct water basins.
‘‘(15) 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).
‘‘(16) INTERSTATE ORGANIZATION.—The term
‘interstate organization’ means an entity that—
‘‘(A) is established by—
‘‘(i) an interstate compact approved
by 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.
‘‘(17) 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.
‘‘(18) INVASION.—The term ‘invasion’ means
an infestation of an aquatic invasive species.
‘‘(19) 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.
‘‘(20) 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).
‘‘(21) 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.
‘‘(22) NONINDIGENOUS
SPECIES.—The term
‘nonindigenous species’ means any species that en-
ters an ecosystem outside the historic range of the
species.
‘‘(23) 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 during the period beginning
on January 1, 1990, and ending on January 1,
2002.
‘‘(24) ORGANISM TRANSFER.—The term ‘orga-
nism transfer’ means the movement of an organism
of any species from 1 ecosystem to another eco-
system.
‘‘(25) PATHWAY.—The term ‘pathway’ means 1
or more routes by which an invasive species is trans-
ferred from 1 ecosystem to another.
‘‘(26) PILOT
SCALE
TEST.—The term ‘pilot
scale test’ means a test—
‘‘(A) that is conducted at less than full-
scale; but
‘‘(B) the results of which can potentially
be extrapolated to the full scale.
‘‘(27) 
PLANNED
IMPORTATION.—The 
term
‘planned importation’ means the purposeful move-
ment of a species into the territorial limits of the
United States.
‘‘(28) REGIONAL PANEL.—The term ‘regional
panel’ means a panel convened in accordance with
section 1203.
‘‘(29) 
SECRETARY.—The 
term 
‘Secretary’
means the Secretary of the department in which the
Coast Guard is operating.
‘‘(30) SPECIES.—The term ‘species’ means—
‘‘(A) a fundamental category of taxonomic
classification, 
ranking 
below 
a 
genus 
or
subgenus, and consisting of related organisms
capable of interbreeding; and
‘‘(B) any viable biological material, as de-
termined by the Task Force.
‘‘(31) TASK FORCE.—The term ‘Task Force’
means the Aquatic Invasive Species Task Force es-
tablished by section 1201(a).
‘‘(32) 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.
‘‘(33) 
TREATMENT.—The 
term 
‘treatment’
means a mechanical, physical, chemical, biological,
or other process or method of killing, removing, or
rendering infertile, harmful organisms.
‘‘(34) 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.
‘‘(35) UNDER SECRETARY.—The term ‘Under
Secretary’ means the Under Secretary of Commerce
for Oceans and Atmosphere.
‘‘(36) UNDESIRABLE IMPACT.—The term ‘unde-
sirable impact’ means economic, aesthetic, or envi-
ronmental degradation that is not necessary for, and
is not clearly outweighed by, public health, environ-
mental, or welfare benefits.
‘‘(37) 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—AQUATIC INVASIVE
SPECIES MANAGEMENT
SEC. 101. 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 (10); 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; 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 2002, 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) 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
INTER-REGIONAL
MEETING.—The
Task Force shall annually convene all regional panels es-
tablished pursuant to this Act for the purpose of informa-
tion transfer between and among panels, and between the
panels and the Task Force, regarding aquatic invasive
species management.’’.
(d) ORGANIZATIONS.—Section 1203 of the Non-
indigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4723) (as amended by subsection (c))
is amended by adding at the end the following:
‘‘(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) 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.);
‘‘(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)); or
‘‘(iii) any list of species of wildlife
under part 16 of title 50, 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).’’.
(f) 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 (1), by inserting ‘‘(including
tribal governments within a State)’’ after ‘‘Indian
tribes’’;
(2) 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
under section 1210; and
‘‘(iv) screening of planned introduc-
tions pursuant to section 1105’’; and
(B) in subparagraph (D), by inserting ‘‘in-
clude’’ after ‘‘(D)’’; and
(3) by adding at the end the following:
‘‘(5) GUIDELINES.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date of enactment of the National
Aquatic Invasive Species Act of 2002, 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;
‘‘(ii) early detection and monitoring
strategies;
‘‘(iii) aquatic plant control programs;
‘‘(iv) screening of planned introduc-
tions pursuant to section 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 any Federal agen-
cy of jurisdiction to enforce requirements relat-
ing to aquatic invasive species under—
‘‘(i) 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 Regu-
lations (or any successor regulations)); or
‘‘(ii) part 16 of title 50, Code of Fed-
eral Regulations (or any successor regula-
tions).
‘‘(7) REVIEW AND REVISION.—Each State shall
periodically review and, as necessary, revise the
management plan of the State in accordance with
guidelines of the Task Force.
‘‘(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.’’.
(g) 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. 102. FEDERAL CONSISTENCY.
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. FEDERAL CONSISTENCY.
‘‘To the maximum extent practicable, no Federal
agency shall authorize, fund, or carry out any action that
would likely cause or promote the introduction or spread
of an invasive species in the United States or any other
location unless the Federal agency has issued guidelines
in accordance with applicable requirements of Executive
Order 13112 (42 U.S.C. 4321 note) relating to invasive
species under which the Federal agency first determines,
and makes public the determination, that—
‘‘(1) the benefits of the action to be authorized,
funded, or carried out clearly outweigh the potential
harm caused by the introduction or spread of an
invasive species; and
‘‘(2) all feasible and prudent measures to mini-
mize risk of harm will be taken in carrying out the
actions.’’.
SEC. 103. INTERNATIONAL COORDINATION.
Subtitle E of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4751 et
seq.) (as amended by section 102) is amended by adding
at the end the following:
‘‘SEC. 1403. 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.—
‘‘(A) IN GENERAL.—As soon as practicable
after the date of enactment of the National
Aquatic Invasive Species Act of 2002, the Sec-
retary of State may enter into negotiations
with—
‘‘(i) Canada to issue a request that
the International Joint Commission, not
later than 18 months after the date of en-
actment of that Act, review, research, con-
duct hearings on, and submit to the parties
represented on the International Joint
Commission a report that describes the
success of current policies of governments
in the United States and Canada having
jurisdiction over the Great Lakes in antici-
pating and preventing biological invasions
of the aquatic ecosystem in the Great
Lakes, including—
‘‘(I) an analysis of current Fed-
eral, State or Provincial, local, and
international laws and agreements;
‘‘(II) an analysis of all likely
pathways for biological invasions of
the aquatic ecosystem in the Great
Lakes; and
‘‘(III) recommendations of the
International Joint Commission for
means by which to improve the poli-
cies referred to in clause (i); and
‘‘(ii) Mexico, to ensure coordination of
efforts of the United States with efforts of
Mexico to manage invasive species estab-
lished in the United States-Mexico border
region.’’.
SEC. 104. PREVENTION OF INTRODUCTION OF AQUATIC
INVASIVE SPECIES INTO WATERS OF THE
UNITED STATES BY VESSELS.
(a) IN GENERAL.—Section 1101 of the Nonindige-
nous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4711) is amended—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) MINIMUM REQUIREMENTS FOR ALL VESSELS
ENTERING PORTS OF THE UNITED STATES.—
‘‘(1) INVASIVE SPECIES MANAGEMENT PLAN.—
‘‘(A) IN GENERAL.—Effective beginning on
the date that is 180 days after the promulga-
tion of applicable guidelines or regulations
under the National Aquatic Invasive Species
Act of 2002, each vessel entering a port of the
United States shall have in effect an aquatic
invasive species management plan that pre-
scribes safe and effective means by which the
master of the vessel shall minimize introduc-
tions and transfers of invasive species by any
part of the vessel (including towed vessels), pur-
suant to the guidelines or regulations.
‘‘(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 re-
quired under a rapid response contingency
strategy approved by the Secretary 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 2002, 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 port is located; 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 2002, the
Secretary shall promulgate best management
practices to minimize and monitor the transfer
by 
vessels 
of 
organisms 
between
hydrographically distinct zones.
‘‘(B) PRACTICES TO BE INCLUDED.—The
best management practices shall include—
‘‘(i) regular removal or purging of
sediments from ballast tanks in the open
ocean (or in other areas in accordance with
guidelines adopted by the International
Maritime Organization) so that there is lit-
tle or no sediment accumulation in ballast
tanks of transoceanic vessels;
‘‘(ii) minimization of ballast water
operations—
‘‘(I) in areas with toxic algal
blooms, known outbreaks of aquatic
invasive species, and sewage outfalls;
‘‘(II) in darkness, when bottom-
dwelling organisms may rise in the
water column;
‘‘(III) in areas with naturally
high levels of suspended sediments
(including river mouths and deltas);
‘‘(IV) in areas that have been af-
fected significantly by soil erosion
from inland drainage); and
‘‘(V) in areas in which sediments
have been disturbed (including areas
near dredging operations and areas of
shallow water in which the propellers
of a vessel may have disturbed the
sediment);
‘‘(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 disposal of debris
from the cleaning of the hull, sea chests,
sea suction grids, and other hull apertures
so that the debris does not remain in the
water or fall to the seabed;
‘‘(v)(I) at the time at which an anti-
fouling coating is applied, coating of great-
er than 95 percent of the surface of the
hull that is exposed to water below the
water line; and
‘‘(II) reapplication of anti-fouling
paint prior to coating failure on any part
of the vessel to which an anti-fouling coat-
ing is applied; and
‘‘(vi) provision of sample access ports
in ballast piping for sampling of ballast in-
take and discharge.
‘‘(4) DESIGN FEATURES AND TREATMENT SYS-
TEMS FOR NEW VESSELS.—A vessel of which con-
struction begins on or after January 1, 2006, shall
be equipped with design features and ballast water
treatment systems that meet, at a minimum—
‘‘(A) the standards described in subsection
(e)(1)(B)(ii); or
‘‘(B) on promulgation of final standards
pursuant to subsection (e)(2)(A), such final
standard as is applicable to the vessel.’’;
(2) in subsection (b), by adding at the end the
following:
‘‘(5) ADDITIONAL REQUIREMENTS FOR VESSELS
ENTERING GREAT LAKES AFTER OPERATING OUT-
SIDE THE EEZ.—
‘‘(A) IN
GENERAL.—Not later than the
date that is 18 months after the date of enact-
ment of the National Aquatic Invasive Species
Act of 2002, the Secretary shall—
‘‘(i) review and revise regulations pro-
mulgated under this section; and
‘‘(ii) promulgate the revised regula-
tions.
‘‘(B) CONTENTS.—The revised regulations
shall include—
‘‘(i) requirements under subsections
(a) and (e) (as amended by that Act); and
‘‘(ii) such other provisions as are nec-
essary to improve the effectiveness of the
program under this Act to prevent intro-
ductions of aquatic invasive species into
the Great Lakes.’’;
(3) by striking subsections (c) through (f) and
subsection (h);
(4) by redesignating subsection (g) as sub-
section (h);
(5) by inserting after subsection (b) the fol-
lowing:
‘‘(c) ADDITIONAL REQUIREMENTS FOR VESSELS EN-
TERING UNITED STATES PORTS AFTER OPERATING OUT-
SIDE EEZ.—
‘‘(1) IN GENERAL.—Effective beginning on the
date that is 18 months after the date of enactment
of the National Aquatic Invasive Species Act of
2002, in addition to complying with applicable re-
quirements under subsection (a) and except as pro-
vided 
in 
subsection 
(e)(2)(B)(v), 
each 
vessel
equipped with a ballast water tank that, after oper-
ating on the waters beyond the exclusive economic
zone, enters a United States port, other than a
United States port on the Great Lakes, shall comply
with the regulations promulgated under paragraph
(2).
‘‘(2) REGULATIONS.—Not later than 18 months
after the date of enactment of the National Aquatic
Invasive Species Act of 2002, the Secretary shall
promulgate, with the concurrence of the Adminis-
trator, regulations to implement this subsection
that—
‘‘(A) ensure, to the maximum extent prac-
ticable, that aquatic invasive species are not
discharged into waters of the United States
from vessels, including through requirements
consistent with interim and final standards
issued under paragraph (1)(B)(ii) or (2) of sub-
section (e), as applicable;
‘‘(B) apply to all vessels described in para-
graph (1);
‘‘(C) protect the safety of—
‘‘(i) each vessel; and
‘‘(ii) the crew and passengers of each
vessel;
‘‘(D) direct a vessel described in paragraph
(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 (e);
‘‘(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) use environmentally sound alter-
native ballast water management methods,
including modification of the vessel ballast
water tanks and intake systems, if the Sec-
retary determines that such alternative
methods are in accordance with standards
and certification procedures promulgated
under subsection (e);
‘‘(E) provide for in-line sampling proce-
dures of 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) are based on the best scientific infor-
mation available.
‘‘(d) ADDITIONAL REQUIREMENT FOR VESSELS EN-
GAGED IN COASTAL VOYAGES.—
‘‘(1) IN
GENERAL.—A vessel engaged in a
coastal voyage shall minimize the introduction and
spread of an aquatic invasive species between
hydrographically distinct zones in a manner that is
consistent with limitations and requirements on
transoceanic voyages imposed under the final stand-
ard promulgated and applied under subsection
(e)(2).
‘‘(2) DESIGNATION
OF
HYDROGRAPHICALLY
DISTINCT ZONES.—Not later than 18 months after
the date of enactment of the National Aquatic
Invasive Species Act of 2002, and periodically there-
after but not less frequently than once every 3 years,
the Task Force shall, based on available research
and monitoring data and in consultation with re-
gional panels of the Task Force, with the concur-
rence of the Secretary, designate hydrographically
distinct zones for purposes of this Act.
‘‘(e) BALLAST WATER MANAGEMENT STANDARDS
AND CERTIFICATION PROCEDURES.—
‘‘(1) INTERIM STANDARDS.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date of enactment of the National
Aquatic Invasive Species Act of 2002, the Sec-
retary, with the concurrence of the Adminis-
trator and in consultation with the Task Force,
shall promulgate regulations establishing in-
terim 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 (5)(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 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 each 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 in the qualified type approved proc-
ess 
promulgated 
under 
paragraph
(5)(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 (6); and
‘‘(II) cease to apply on the effec-
tive date of final standards developed
pursuant to subsection (e)(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 2002, the Sec-
retary and the Administrator, in consultation
with the Task Force, shall promulgate final
standards for ballast water discharge and other
vessel operations determined to pose a signifi-
cant risk to the environment through the intro-
duction of nonnative species.
‘‘(B) REQUIREMENTS.—The final stand-
ards shall—
‘‘(i) result from application of the best
available technology that is economically
achievable 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 nonnative spe-
cies, including plant, animal, and human
pathogens;
‘‘(iii) consider findings of scientific
and policy research, including research
conducted pursuant to title II, particularly
section 203;
‘‘(iv) apply to all methods of ballast
water management and system design,
including—
‘‘(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 nonnative organisms;
‘‘(v) be measurable;
‘‘(vi) be reviewed and, as appropriate,
revised not less often than every 3 years
pursuant to subsection (g)(1);
‘‘(vii) meet occupational safety and
environmental soundness criteria described
in paragraph (6); and
‘‘(viii) apply beginning not later than
October 1, 2011.
‘‘(3) 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 peer-reviewed,
pilot-scale information relating to the
effectiveness 
and 
environmental
soundness of the treatment;
‘‘(II) the Secretary and the Ad-
ministrator, in consultation with the
Task Force (including relevant re-
gional panels, and the Ballast Water
and Shipping Committee, of the Task
Force), determine that the technology
to be used for the treatment has sig-
nificant potential to kill or remove at
least 95 percent of the aquatic
vertebrates, 
invertebrates, 
phyto-
plankton, and macro algae, respec-
tively, 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 granted under subparagraph (A)
shall be for the lesser of—
‘‘(I) a period of 10 years or the
expected life of the treatment system,
whichever is earlier; or
‘‘(II) such period of time for
which the Secretary or Administrator
(as 
appropriate) 
determines 
that
(based on available information, in-
cluding information developed pursu-
ant to clause (iii)) there exists a seri-
ous deficiency in performance or envi-
ronmental soundness of the system
relative to anticipated performance or
environmental 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)(ii)(III).
‘‘(4) INCENTIVES FOR USE OF TREATMENT SYS-
TEMS.—
‘‘(A) IN GENERAL.—The Secretary and the
Administrator shall assist owners or operators
of vessels that seek to obtain experimental or
interim approval for installation of ballast water
treatment 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) PREFERENCE.—The Secretary of the
Interior and the Secretary of Commerce shall
give preference to grant applications submitted
under section 1104(b) for research relative to
tests on vessels of treatment systems that have
received approval for ballast water treatment
under paragraphs (1) and (3).
‘‘(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 (3).
‘‘(5) CERTIFICATION PROCESS.—
‘‘(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 establish, with the concurrence of
the Administrator, a certification process for
use in determining compliance of vessels with
the standards.
‘‘(B) REQUIREMENTS.—In carrying out
subparagraph (A), the Secretary shall establish
by regulation—
‘‘(i) a certification protocol for ballast
water exchange involving dye studies or
models detailing flow dynamics of vessels
described in paragraph (1)(B)(i)(II); and
‘‘(ii) a shipboard protocol for qualified
type approval of ballast water treatment
systems for the interim and final standards
described in paragraphs (1) and (2) that—
‘‘(I) is capable of determining the
extent to which a ballast water treat-
ment system complies with applicable
standards for the prevention of the
transfer of aquatic organisms, includ-
ing 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 (6)(A);
‘‘(bb) is safe for vessel and
crew; and
‘‘(cc) complies with this Act;
‘‘(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) may include a shore-based
testing component;
‘‘(V) is applicable to a specific
vessel or group of vessels, as deter-
mined by the Secretary;
‘‘(VI) includes such limitations as
are appropriate;
‘‘(VII) provides for appropriate
monitoring; and
‘‘(VIII) is cost effective.
‘‘(6) 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 (7)(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
(7)(B)(i)(I) shall be qualified under para-
graph (7)(B)(ii).
‘‘(7) APPLICATION.—
‘‘(A) IN GENERAL.—The owner or operator
of a ballast water treatment system shall sub-
mit to the Secretary and the Administrator an
application for qualified type approval of the
ballast water treatment system that is in such
form and contains such information as the Sec-
retary 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 (6)(A); and
‘‘(bb) approve those ballast
water treatment systems that
meet those criteria; and
‘‘(II) the Secretary, in coopera-
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 valid for the lesser of—
‘‘(aa) the expected useful life
of the ballast water treatment
system;
‘‘(bb) 10 years; or
‘‘(cc) such period of time for
which the Secretary or Adminis-
trator (as appropriate) deter-
mines that (based on available in-
formation, including information
developed pursuant to subsection
(e)(3)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
‘‘(III) 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.
‘‘(8) PENALTIES.—Paragraphs (1) and (2) of
subsection (h) shall apply to a violation of a regula-
tion promulgated under this subsection.
‘‘(f) COORDINATION WITH OTHER AGENCIES.—The
Secretary may coordinate with, and (with consent) use the
expertise, facilities, members, or personnel of, appropriate
Federal and State agencies and organizations that have
routine contact with vessels, as determined by the Sec-
retary.
‘‘(g) PERIODIC REVIEW AND REVISION, AND EFFEC-
TIVE DATE, OF REGULATIONS.—
‘‘(1) PERIODIC REVIEW AND REVISION.—
‘‘(A) IN GENERAL.—Not later than 3 years
after the date of enactment of the National
Aquatic Invasive Species Act of 2002, and not
less often than every 3 years thereafter, the
Secretary shall (with the concurrence of the Ad-
ministrator, based on recommendations of the
Task Force, and in accordance with criteria de-
veloped by the Task Force under subparagraph
(C))—
‘‘(i) assess the compliance by vessels
with regulations promulgated under this
section;
‘‘(ii) assess the effectiveness of the
regulations referred to in clause (i) in re-
ducing the introduction and spread of
aquatic invasive species by vessels; and
‘‘(iii) as necessary, on the basis of the
best scientific information available—
‘‘(I) revise the regulations re-
ferred to in clause (i); and
‘‘(II) promulgate additional regu-
lations.
‘‘(B) SPECIAL
REVIEW
AND
REVISION.—
Not later than 90 days after the date on which
the Task Force makes a request to the Sec-
retary for a special review and revision, the Sec-
retary shall (with the concurrence of the Ad-
ministrator)—
‘‘(i) conduct a special review of regu-
lations in accordance with subparagraph
(A); and
‘‘(ii) as necessary, in the same man-
ner 
as 
provided 
under 
subparagraph
(A)(iv)—
‘‘(I) revise those guidelines; or
‘‘(II) promulgate additional regu-
lations.
‘‘(C) CRITERIA FOR EFFECTIVENESS.—Not
later than 1 year after the date of enactment of
the National Aquatic Invasive Species Act of
2002, and every 3 years thereafter, the Task
Force shall submit to the Secretary criteria for
determining the adequacy and effectiveness of
all regulations promulgated under this section.
‘‘(2) INTERNATIONAL REGULATIONS.—
‘‘(A) IN
GENERAL.—The Secretary shall
revise regulations promulgated under this sub-
section as necessary to ensure that the regula-
tions relating to any matter are consistent with
the treatment of the matter in any international
agreement to which the United States is a
party that governs management of the transfer
by vessel of aquatic nonindigenous species.
‘‘(B) LIMITATION.—The revisions carried
out pursuant to subparagraph (A) shall not
lessen the protectiveness of the overall program
established under this Act.’’;
(6) in subsection (h) (as redesignated by para-
graph (4))—
(A) in the first sentence of paragraph (1),
by striking ‘‘$25,000’’ and inserting ‘‘$50,000’’;
and
(B) in paragraph (4)(B), by inserting ‘‘,
contingency 
requirements 
under 
subsection
(k),’’ after ‘‘recordkeeping’’;
(7) by striking subsection (k) and inserting the
following:
‘‘(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 pursuant to regulations promulgated under
subsection (e)(1)(B)(iii)).’’; and
(8) 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.).
‘‘(n) CONTINUITY
OF REGULATIONS
AND GREAT
LAKES PROGRAM.—
‘‘(1) REGULATIONS.—Until such time as regu-
lations are promulgated to implement the amend-
ments made by the National Aquatic Invasive Spe-
cies Act of 2002, regulations shall remain in effect
as of the date of enactment of that Act.
‘‘(2) GREAT LAKES PROGRAM.—On implemen-
tation of a national mandatory ballast management
program that is at least as comprehensive as the
Great Lakes program (as determined by the Sec-
retary, in consultation with the Governors of Great
Lakes States)—
‘‘(A) the program regulating vessels and
ballast water in Great Lakes under this section
shall terminate; and
‘‘(B) the national program shall apply to
such vessels and ballast water.’’.
(b) ARMED SERVICES WHOLE VESSEL MANAGEMENT
PROGRAM.—Section 1103 of the Nonindigenous 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.—Subject to operational conditions, the Sec-
retary of Defense, in consultation with the Sec-
retary, the Task Force, and the International Mari-
time 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.
‘‘(3) REPORTS.—Not later than 3 years after
the date of enactment of the National Aquatic
Invasive Species Act of 2002, and every 3 years
thereafter, the Secretary of Defense shall submit to
Congress a report that includes a summary and
analysis of the program carried out under paragraph
(2).’’.
(c) CONFORMING AMENDMENTS.—
(1) 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) of (f)’’ each place it appears
and inserting ‘‘under this section’’.
(2) 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 ‘‘pro-
mulgated under section 1101(b)’’.
(3) 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 ‘‘regulations promulgated
under section 1101(c)’’.
SEC. 105. PREVENTION OF THE INTRODUCTION OF AQUAT-
IC INVASIVE SPECIES INTO WATERS OF THE
UNITED STATES BY OTHER PATHWAYS.
(a) PRIORITY PATHWAY MANAGEMENT PROGRAM.—
Subtitle C of title I of the Nonindigenous Aquatic Nui-
sance 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 18 months after the date of enact-
ment of the National Aquatic Invasive Species Act of
2002, and every 3 years thereafter, the Task Force, in
coordination with the Invasive Species Council and in con-
sultation with representatives of States, industry, and
other interested parties, shall, based on pathway surveys
conducted under title II and other available research relat-
ing to the rates of introductions in waters of the United
States—
‘‘(1) publish for public review and comment a
system for identifying and evaluating the relative
risk of pathways of the introductions;
‘‘(2) identify any pathways that, according to
that system, pose the highest risk for introductions,
both nationally and on a region-by-region basis;
‘‘(3) develop recommendations for management
strategies for those high-risk pathways; and
‘‘(4) include in the report to Congress required
under section 1201(f)(2)(B) a description of the
identifications, strategies, and recommendations
based on research collected under title II.
‘‘(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 2002, the
Task Force shall, to the maximum extent practicable, im-
plement the strategies described in subsection (a)(3).’’.
(b) 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 add-
ing at the end the following:
‘‘SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTA-
TIONS OF LIVE AQUATIC ORGANISMS.
‘‘(a) IN GENERAL.—Not later than 30 months after
the date of enactment of the National Aquatic Invasive
Species Act of 2002, 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 2002, 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
promulgate 
guidelines 
for 
screening 
proposed
planned importations 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 establishment 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 (i), 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;
and
‘‘(C) regional differences.
‘‘(c) CATEGORIES.—The screening process shall re-
quire the identification (to at least the genus level) of live
aquatic organisms and shall designate—
‘‘(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 section 1105(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 (other than through this Act)
shall screen the organism in accordance with guide-
lines promulgated under subsection (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 (g), the Director shall screen the
organisms in accordance with subsections (a) and
(b).
‘‘(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 in accordance with an agreement of the
agencies, except that the Secretary of Agriculture
shall have sole responsibility for screening cultured
aquatic organisms.
‘‘(e) REQUIREMENTS.—A Federal agency of jurisdic-
tion, or the Director under subsection (a)(2), 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) SCREENING
REQUIREMENTS.—The Director
shall promulgate screening requirements consistent with
the guidelines promulgated under subsection (b) to evalu-
ate any planned live aquatic species importation (including
an importation carried out by a Federal agency) from out-
side the borders of the United States into waters of the
United States that is—
‘‘(1) not otherwise subject to Federal authority
to permit the importation; or
‘‘(2) delegated to the Director by another agen-
cy of jurisdiction under subsection (g).
‘‘(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 2002, 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 a catalog of organisms in trade;
and
‘‘(2) include the list in the information provided
to the public pursuant to section 1102(f).
‘‘(i) FUNDS FOR STATE AND INTERSTATE IMPLE-
MENTATION OF SCREENING PROCESS.—Each State that
implements a screening process for movements of live or-
ganisms, into and within the State, that is consistent with
the Federal screening process established under this sec-
tion, as part of the State invasive species management
plan approved under section 1204(a), shall be eligible to
receive a grant under section 1204(b) for the implementa-
tion of the screening process.
‘‘(j) 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 to 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; and
‘‘(B) recommendations for revisions of the
processes.
‘‘(k) PENALTIES.—Paragraphs (1) and (2) of section
1101(h) shall apply to a violation of this section.
‘‘(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).’’.
SEC. 106. EARLY DETECTION AND MONITORING.
Subtitle B of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711 et
seq.) (as amended by section 105(b)) is amended by add-
ing 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 2002, in conjunction with
the Council, the Task Force shall develop (based on
the standard protocol for early detection surveys de-
veloped under title II), publish for public comment,
and promulgate a set of sampling protocols, a geo-
graphic plan, and budget to support a national sys-
tem of ecological surveys to rapidly detect recently-
established aquatic invasive species in waters of the
United States.
‘‘(2) CONTENTS.—The protocols, plan, and
budget shall, at a minimum—
‘‘(A) address a diversity of water bodies 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) provide for the identification of pos-
sible pathways causing or influencing distribu-
tion of newly-detected populations of harmful
aquatic organisms;
‘‘(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 2002, 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 (likes colleges and universities);
‘‘(B) based on the protocols, plan, and
budget published under subsection (a)(1) and
any public comment.
‘‘(b) LIST OF POTENTIAL INVADERS.—
‘‘(1) IN GENERAL.—Not later than 180 days
after the date of enactment of the National Aquatic
Invasive Species Act of 2002, and annually there-
after, the Task Force (building on prior efforts to
create lists, to the maximum extent practicable)
shall publish a list that identifies, based on research
(including research conducted under title II)—
‘‘(A) aquatic invasive species not yet intro-
duced into waters of the United States that are
likely to be introduced into waters of the United
States unless preventative measures are taken;
and
‘‘(B) the likely pathways for introduction
of the species and transfer of the species.
‘‘(2) USE.—The Task Force shall use the list
to inform and make recommendations regarding en-
forcement, voluntary actions, early detection, moni-
toring, pathway management, rapid response plan-
ning, and screening efforts.
‘‘(3) PUBLIC AVAILABILITY.—The Task Force
shall—
‘‘(A) make the list available to the public
on 
the 
Internet 
pursuant 
to 
section
1202(h)(4)(D); and
‘‘(B) in conjunction with the Invasive Spe-
cies Council, include the list in the report under
section 1201(f)(2)(B).
‘‘(4) EXCHANGE OF INFORMATION.—The Task
Force shall exchange information on invasive species
with interested agencies, States, Indian tribes, inter-
national organizations (such as the International
Council for the Exploration of the Sea), and other
stakeholder groups to assist in efforts to prevent and
detect introductions.’’.
SEC. 107. CONTAINMENT AND CONTROL.
(a) NATIONAL DISPERSAL BARRIER PROGRAM.—
(1) IN GENERAL.—Section 1202 of the Non-
indigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4722) is amended—
(A) by redesignating subsections (j) and
(k) as subsections (l) and (m), respectively;
(B) by inserting after subsection (i) the
following:
‘‘(j) NATIONAL DISPERSAL BARRIER PROGRAM.—
‘‘(1) CHICAGO
RIVER
SHIP
AND
SANITARY
CANAL DISPERSAL BARRIER PROJECT.—
‘‘(A) IN
GENERAL.—The Assistant Sec-
retary, with the concurrence of the Adminis-
trator, shall complete construction of, and
maintain, the Chicago River Ship and Sanitary
Canal dispersal barrier project.
‘‘(B) CONSULTATION.—Subparagraph (A)
shall be carried out in consultation with—
‘‘(i) the Task Force;
‘‘(ii) the Great Lakes Aquatic Nui-
sance Species Panel;
‘‘(iii) the Great Lakes Fishery Com-
mission;
‘‘(iv) the Upper Mississippi River
Basin Association;
‘‘(v) the Illinois Natural History Sur-
vey;
‘‘(vi) the Mississippi Interstate Coop-
erative Resources Association;
‘‘(vii) the city of Chicago;
‘‘(viii) local water and power authori-
ties; and
‘‘(ix) other appropriate entities.
‘‘(C) CONSTRUCTION OF BARRIER.
‘‘(i) IN GENERAL.—Not later than 1
year after the date of enactment of the
National Aquatic Invasive Species Act of
2002, the Assistant Secretary, with the
concurrence of the Administrator, shall
complete construction of and maintain the
Chicago River Ship and Sanitary Canal
dispersal barrier project.
‘‘(ii) 
REQUIRED
ELEMENTS
OF
PROJECT.—The completed project under
clause (i) shall include—
‘‘(I) additions to the existing dis-
persal barrier, including—
‘‘(aa) backup power;
‘‘(bb) 
a 
research 
vessel
launching crane;
‘‘(cc) replacement electrodes;
‘‘(dd) 
other 
barrier 
ele-
ments, as available and appro-
priate;
‘‘(ee) an acoustic monitoring
system; and
‘‘(ff) emergency egress sys-
tem; and
‘‘(II) construction of a second
long-service life dispersal barrier.
‘‘(D) OPERATION OF BARRIER.—Not later
than 1 year after the date of enactment of the
National Aquatic Invasive Species Act of 2002,
the Assistant Secretary shall operate and main-
tain the Chicago River Ship and Sanitary Canal
dispersal barrier project.
‘‘(E) 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
2002, the Assistant Secretary, in consulta-
tion with the entities specified in subpara-
graph (B), shall conduct a feasibility
study, incorporating information from the
interbasin transfer monitoring program
under paragraph (2)(C) and any relevant
research, dispersal of the full range of op-
tions available to prevent the spread of
aquatic invasive species through the Chi-
cago River Ship and Sanitary Canal dis-
persal barrier.
‘‘(ii) MATTERS TO BE STUDIED.—The
study shall—
‘‘(I) 
provide 
recommendations
concerning additional measures nec-
essary to improve the performance of
the Chicago River Ship and Sanitary
Canal dispersal barrier; and
‘‘(II) examine methods and meas-
ures necessary to achieve—
‘‘(aa) to the maximum ex-
tent practicable, 100 percent effi-
cacy of the barrier with respect
to aquatic invasive species of
fish; and
‘‘(bb) maximum efficacy of
the barrier with respect to other
taxa of aquatic invasive species;
and
‘‘(III) examine additional long-
term measures, including structural
modifications, needed to prevent the
spread of aquatic invasive species
through the Chicago River Ship and
Sanitary Canal.
‘‘(2) MONITORING PROGRAM.—
‘‘(A) ESTABLISHMENT.—Not later than 1
year after the date of enactment of the Na-
tional Aquatic Invasive Species Act of 2002, the
Secretary of the Interior (acting through the
Director and in consultation with the Task
Force) shall establish a program to be known
as the ‘interbasin and intrabasin transfer moni-
toring program’ (referred to in this paragraph
as the ‘monitoring program’).
‘‘(B) REQUIRED
ELEMENTS.—The moni-
toring program shall—
‘‘(i) track aquatic invasive species
moving through—
‘‘(I) the Chicago River Ship and
Sanitary Canal;
‘‘(II) the Lake Champlain Canal;
‘‘(III) other interbasin water-
ways; and
‘‘(IV) major river systems, such
as the Mississippi River, as rec-
ommended by regional panels con-
vened under section 1203;
‘‘(ii) assess the efficacy of dispersal
barriers and other measures in preventing
the spread of aquatic invasive species
through the waterways specified in clause
(i);
‘‘(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 2002;
‘‘(iv) conduct a feasibility study of the
full range of options available to prevent
the spread of aquatic invasive species
through the Lake Champlain Canal;
‘‘(v) build on and provide data to the
early detection and monitoring system es-
tablished pursuant to section 1106; and
‘‘(vi) use information collected under
title II.
‘‘(C) REPORTS.—
‘‘(i) IN GENERAL.—The Secretary of
Interior, acting through the Director, shall
make available to the public—
‘‘(I) not later than 1 year after
the date of enactment of the National
Aquatic Invasive Species Act of 2002
and annually thereafter, a report that
contains the information described in
clauses (i) and (ii) of subparagraph
(B); and
‘‘(II) not later than 2 years after
the date of enactment of the National
Aquatic Invasive Species Act of 2002
and biennially thereafter, a report
that contains the information de-
scribed in clauses (iii) and (iv) of sub-
paragraph (B).
‘‘(ii) REPORT
TO
CONGRESS.—Not
later than 3 years after the date of enact-
ment of the National Aquatic Invasive Spe-
cies Act of 2002, the Assistant Secretary
and the Director shall jointly submit to
Congress a report that describes—
‘‘(I) the efficacy of the Chicago
River Ship and Sanitary Canal dis-
persal barrier project;
‘‘(II) the results of the programs
conducted under paragraphs (2) and
(3); and
‘‘(III) a plan to provide for addi-
tional dispersal barrier demonstration
projects and further research needs.
‘‘(iii) INFORMATION.—The Invasive
Species Council, in conjunction with the
Task Force, shall include information de-
scribed in subparagraph (B) in the report
of 
the 
Task 
Force 
under 
section
1201(f)(2)(B).
‘‘(3) PREVENTION AND MITIGATION PLANS FOR
CORPS PROJECTS.—In developing projects involving
interbasin waterways or other hydrologic alterations
that could create pathways for aquatic invasive spe-
cies, the Assistant Secretary shall develop adequate
prevention and mitigation plans for controlling the
dispersal of aquatic invasive species.
‘‘(4) 
TECHNICAL
ASSISTANCE.—The 
Great
Lakes Environmental Research Laboratory of the
National Oceanic and Atmospheric Administration
shall provide technical assistance to appropriate enti-
ties to assist in the research conducted under this
subsection.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 1202(i) of the Nonindigenous
Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4722(i)) is amended—
(i) by striking the subsection heading
and inserting the following:
‘‘(i) INVASIVE
SPECIES
DEMONSTRATION
PRO-
GRAM.—’’;
(ii) by striking paragraph (3);
(iii) in paragraph (4), by striking
‘‘studies under paragraphs (2) and (3)’’
and inserting ‘‘study under paragraph
(2)’’; and
(iv) by redesignating paragraphs (4)
and (5) as paragraphs (3) and (4), respec-
tively.
(B) Subsections (a)(1)(B) and (b)(2) of
section 1203 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990
(16 U.S.C. 4723) are amended by striking ‘‘sec-
tion 1202(i) of this Act’’ each place it appears
and inserting ‘‘subsections (i) and (j) of section
1202’’.
(b) IMPROVEMENT OF TREATMENT METHODS FOR
AQUATIC INVASIVE SPECIES.—Section 1202 of the Non-
indigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4722) (as amended by subsection
(a)(1)) is amended by inserting after subsection (j) the
following:
‘‘(k) IMPROVEMENT OF TREATMENT METHODS FOR
AQUATIC INVASIVE SPECIES.—
‘‘(1) CRITERIA TO EVALUATE ENVIRONMENTAL
SOUNDNESS OF TREATMENT METHODS.—
‘‘(A) IN
GENERAL.—Not later than 18
months after the date of enactment of the Na-
tional Aquatic Invasive Species Act of 2002, the
Administrator, 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 
2002) 
and 
update
annually—
‘‘(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).’’.
(c) 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.) (as amended by sec-
tion 103(a)) is amended by adding at the end the fol-
lowing:
‘‘SEC. 1211. RAPID RESPONSE.
‘‘(a) STATE RAPID RESPONSE CONTINGENCY STRAT-
EGIES.—
‘‘(1) EMERGENCY
FUNDS
FOR
RAPID
RE-
SPONSE.—
‘‘(A) IN GENERAL.—A State that has in
effect a rapid response contingency strategy for
invasive species in the State that is approved
under paragraph (2) shall be eligible to receive
emergency funding for a period of 1 fiscal year
to implement rapid response measures for
aquatic invasive species under the strategy, sub-
ject to renewal, as determined by the Secretary
of the Interior and the Secretary in accordance
with paragraph (2).
‘‘(B) FEDERAL ASSISTANCE.—If a Federal
agency carries out a rapid response measure
under subparagraph (A) on behalf of a State,
the Federal agency shall receive such emergency
funding as would have been awarded to the
State to carry out the rapid response measure.
‘‘(2) APPROVAL OF RAPID RESPONSE CONTIN-
GENCY STRATEGIES.—The Task Force, in consulta-
tion with the Invasive Species Council, and, with re-
spect to any vessels involved, the Secretary, shall ap-
prove a State rapid response contingency strategy
described in subparagraph (A) 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) does not use any rapid response tools
that do not meet environmental criteria devel-
oped under subsection (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 2002—
‘‘(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; and
‘‘(B) a model regional rapid response con-
tingency strategy for aquatic invasive species;
and
‘‘(2) the Secretary shall issue guidelines for the
inclusion of vessel-related requirements into a rapid
response contingency strategy, including specific re-
quirements for strategy provisions that may be ap-
proved under subsection (a)(2)(J).
‘‘(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 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 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 2002, 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 2002, 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 2002, 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.
‘‘(f) NATIONAL NUTRIA CONTROL PROGRAM.—
‘‘(1) IN GENERAL.—Not later than 180 days
after the date of enactment of the National Aquatic
Invasive Species Act of 2002, 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 2002, 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. 108. BROWN TREE SNAKE CONTROL PROGRAM.
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. BROWN TREE SNAKE CONTROL PROGRAM.
‘‘(a) IN
GENERAL.—The Task Force and the
Invasive Species Council shall support the continuation
and expansion of a regionally-based comprehensive, envi-
ronmentally sound program, conducted in coordination
with territories and possessions of the United States,
States, and political subdivisions, to control the brown tree
snake on Guam, the Commonwealth of the Northern Mar-
iana Islands, 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.
‘‘(b) COMPONENTS.—The program shall include—
‘‘(1) the expansion of Federal and territorial
control programs on Guam that reduce the undesir-
able impact of the brown tree snake on Guam and
reduce the risk of spread to areas in which the snake
is not established;
‘‘(2) the expansion of existing control programs
in the Commonwealth of the Northern Mariana Is-
lands and the State of Hawaii, including the estab-
lishment of interagency rapid response teams to as-
sist local governments with detecting brown tree
snakes and incipient brown tree snake populations in
areas in which brown tree snakes are not estab-
lished;
‘‘(3) product-oriented research based on control
program needs, including projects to reduce the
number of brown tree snakes on Guam and an anal-
ysis of pathways for brown tree snake introduction
into areas in which the species is not established;
‘‘(4) the appointment of a coordinator by the
Invasive Species Council to provide oversight and di-
rection over Federal actions dealing with brown tree
snake control; and
‘‘(5) the continuation of the Brown Tree Snake
Control Committee, which shall—
‘‘(A) be chaired by the coordinator; and
‘‘(B) meet annually to plan and coordinate
ongoing brown tree snake control activities on
a regional and national level.’’.
SEC. 109. 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 2002, 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 2002, the Under
Secretary (in consultation with the States,
relevant industry groups, and Indian
tribes) shall develop a concerted education,
outreach, and training program directed
toward marinas and marina operators
regarding—
‘‘(I) checking watercraft for live
organisms;
‘‘(II) removing live organisms
from 
the 
watercraft 
before 
the
watercraft 
are 
commercially 
or
recreationally trailered;
‘‘(III) encouraging regular hull
cleaning and maintenance, avoiding
in-water hull cleaning; and
‘‘(IV) other activities, as 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 2002,
develop (in consultation with industry
and other affected parties) 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
2002, the Task Force shall develop an 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, in consultation with the
Smithsonian Environmental Research Center, the
Invasive Species Council, and other agencies, shall
maintain information on the Internet regarding—
‘‘(A) the best approaches for the public
and private interests to use in assisting with
national early detection and monitoring of
aquatic invasive species in waters of the United
States;
‘‘(B) contact locations for joining a 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 1106(c).’’.
TITLE II—AUTHORIZATION OF
APPROPRIATIONS
SEC. 201. 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 2003 through 2007.
‘‘(b) TASK FORCE AND AQUATIC NUISANCE SPECIES
PROGRAM.—There are authorized to be appropriated for
each of fiscal years 2003 through 2007—
‘‘(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;
‘‘(4) $1,000,000, to be used by the Director to
carry out section 1105(f); and
‘‘(5) $6,000,000, to be used by the Secretary of
the Interior to carry out section 1209.
‘‘(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 2003 through 2007.
‘‘(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 2003 through 2007—
‘‘(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 2003 through
2007—
‘‘(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(f).
‘‘(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
2003 and 2004 and $10,000,000 for each of fiscal years
2005 through 2007, of which—
‘‘(1) for each of fiscal years 2003 and 2004—
‘‘(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 2005 through
2007—
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 2003
through 2007—
‘‘(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 2003
through 2007—
‘‘(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) NATIONAL NUTRIA CONTROL PROGRAM.—
There is authorized to be appropriated to the Direc-
tor to carry out the national nutria control program
under section 1211(f) $3,000,000 for each of fiscal
years 2003 through 2007.
‘‘(h) INFORMATION, EDUCATION AND OUTREACH.—
There are authorized to be appropriated for each of fiscal
years 2003 through 2007—
‘‘(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—
‘‘(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
105
‘‘(4) $500,000, to be used by the National Oce-
anic and Atmospheric Administration to carry out
section 1202(h)(2)(B)(ii).’’.
TITLE III—CONFORMING
AMENDMENTS
SEC. 301. 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
(ii) by redesignating paragraphs (2)
and (3) as paragraphs (1) and (2), respec-
tively;