H. R. 4283
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To provide for ballast water management to prevent the introduction and spread
of nonindigenous species into the waters of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) IN GENERAL.—This Act may be cited as the ‘‘National
Invasive Species Act of 1996’’.
(b) REFERENCES.—Whenever in this Act an amendment or
repeal is expressed in terms of an amendment to or repeal of
a section or other provision, the reference shall be considered to
be made to a section or other provision of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701
et seq.).
SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC NUISANCE
PREVENTION AND CONTROL ACT OF 1990.
(a) FINDINGS; DEFINITIONS.—
(1) FINDINGS.—Section 1002(a) (16 U.S.C. 4701(a)) is
amended—
(A) by striking paragraphs (2) and (3) and inserting
the following new paragraphs:
‘‘(2) when environmental conditions are favorable, non-
indigenous species become established, may compete with or
prey upon native species of plants, fish, and wildlife, may
carry diseases or parasites that affect native species, and may
disrupt the aquatic environment and economy of affected near-
shore areas;
‘‘(3) the zebra mussel was unintentionally introduced into
the Great Lakes and has infested—
‘‘(A) waters south of the Great Lakes, into a good
portion of the Mississippi River drainage;
‘‘(B) waters west of the Great Lakes, into the Arkansas
River in Oklahoma; and
‘‘(C) waters east of the Great Lakes, into the Hudson
River and Lake Champlain;’’;
(B) in paragraph (4)—
(i) by inserting ‘‘by the zebra mussel and ruffe,
round goby, and other nonindigenous species’’ after
‘‘other species’’; and
(ii) by striking ‘‘and’’ at the end;
(C) in paragraph (5), by striking the period and
inserting a semicolon; and
(D) by adding at the end the following new paragraphs:
H. R.4283—2
‘‘(6) in 1992, the zebra mussel was discovered at the
northernmost reaches of the Chesapeake Bay watershed;
‘‘(7) the zebra mussel poses an imminent risk of invasion
in the main waters of the Chesapeake Bay;
‘‘(8) since the Chesapeake Bay is the largest recipient of
foreign ballast water on the East Coast, there is a risk of
further invasions of other nonindigenous species;
‘‘(9) the zebra mussel is only one example of thousands
of nonindigenous species that have become established in
waters of the United States and may be causing economic
and ecological degradation with respect to the natural resources
of waters of the United States;
‘‘(10) since their introduction in the early 1980’s in ballast
water discharges, ruffe—
‘‘(A) have caused severe declines in populations of other
species of fish in Duluth Harbor (in Minnesota and
Wisconsin);
‘‘(B) have spread to Lake Huron; and
‘‘(C) are likely to spread quickly to most other waters
in North America if action is not taken promptly to control
their spread;
‘‘(11) examples of nonindigenous species that, as of the
date of enactment of the National Invasive Species Act of
1996, infest coastal waters of the United States and that have
the potential for causing adverse economic and ecological effects
include—
‘‘(A) the mitten crab (Eriocher sinensis) that has
become established on the Pacific Coast;
‘‘(B) the green crab (Carcinus maenas) that has become
established in the coastal waters of the Atlantic Ocean;
‘‘(C) the brown mussel (Perna perna) that has become
established along the Gulf of Mexico; and
‘‘(D) certain shellfish pathogens;
‘‘(12) many aquatic nuisance vegetation species, such as
Eurasian watermilfoil, hydrilla, water hyacinth, and water
chestnut, have been introduced to waters of the United States
from other parts of the world causing or having a potential
to cause adverse environmental, ecological, and economic
effects;
‘‘(13) if preventive management measures are not taken
nationwide to prevent and control unintentionally introduced
nonindigenous aquatic species in a timely manner, further
introductions and infestations of species that are as destructive
as, or more destructive than, the zebra mussel or the ruffe
infestations may occur;
‘‘(14) once introduced into waters of the United States,
aquatic nuisance species are unintentionally transported and
introduced into inland lakes and rivers by recreational boaters,
commercial barge traffic, and a variety of other pathways;
and
‘‘(15) resolving the problems associated with aquatic
nuisance species will require the participation and cooperation
of the Federal Government and State governments, and invest-
ment in the development of prevention technologies.’’.
(2) DEFINITIONS.—Section 1003 (16 U.S.C. 4702) is
amended—
H. R.4283—3
(A) by striking paragraph (1) and redesignating
paragraphs (2) through (8) as paragraphs (1) through (7),
respectively;
(B) in paragraph (2), as redesignated by subparagraph
(A) of this paragraph, by striking ‘‘assistant Secretary’’
and inserting ‘‘Assistant Secretary’’;
(C) by redesignating paragraphs (9) through (15) as
paragraphs (11) through (17), respectively; and
(D) by inserting after paragraph (7), as redesignated
by subparagraph (A) of this paragraph, the following:
‘‘(8) ‘Great Lakes region’ means the 8 States that border
on the Great Lakes;
‘‘(9) ‘Indian tribe’ means any Indian tribe, band, nation,
or other organized group or community, including any Alaska
Native village or regional corporation (as defined in or estab-
lished pursuant to the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.)) that is recognized as eligible for
the special programs and services provided by the United States
to Indians because of their status as Indians;
‘‘(10) ‘interstate organization’ means an entity—
‘‘(A) established by—
‘‘(i) an interstate compact that is approved by
Congress;
‘‘(ii) a Federal statute; or
‘‘(iii) a treaty or other international agreement
with respect to which the United States is a party;
and
‘‘(B)(i) that represents 2 or more—
‘‘(I) States or political subdivisions thereof; or
‘‘(II) Indian tribes; or
‘‘(ii) that represents—
‘‘(I) 1 or more States or political subdivisions
thereof; and
‘‘(II) 1 or more Indian tribes; or
‘‘(iii) that represents the Federal Government and 1
or more foreign governments; and
‘‘(C) has jurisdiction over, serves as forum for coordinat-
ing, or otherwise has a role or responsibility for the
management of, any land or other natural resource;’’.
(b) AQUATIC NUISANCE SPECIES CONTROL PROGRAM.—
(1) AMENDMENT TO HEADING.—The heading to subtitle B
(16 U.S.C. 4711 et seq.) is amended to read as follows:
‘‘Subtitle B—Prevention of Unintentional
Introductions of Nonindigenous Aquatic
Species’’.
(2) AQUATIC NUISANCE SPECIES.—Section 1101 (16 U.S.C.
4711) is amended to read as follows:
‘‘SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED
STATES.
‘‘(a) GREAT LAKES GUIDELINES.—
‘‘(1) IN GENERAL.—Not later than 6 months after the date
of enactment of this Act, the Secretary shall issue voluntary
guidelines to prevent the introduction and spread of aquatic
H. R.4283—4
nuisance species into the Great Lakes through the exchange
of ballast water of vessels prior to entering those waters.
‘‘(2) CONTENT OF GUIDELINES.—The guidelines issued under
this subsection shall—
‘‘(A) ensure to the maximum extent practicable that
ballast water containing aquatic nuisance species is not
discharged into the Great Lakes;
‘‘(B) protect the safety of—
‘‘(i) each vessel; and
‘‘(ii) the crew and passengers of each vessel;
‘‘(C) take into consideration different vessel operating
conditions; and
‘‘(D) be based on the best scientific information
available.
‘‘(b) REGULATIONS.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary, in consultation with
the Task Force, shall issue regulations to prevent the introduc-
tion and spread of aquatic nuisance species into the Great
Lakes through the ballast water of vessels.
‘‘(2) CONTENT
OF
REGULATIONS.—The regulations issued
under this subsection shall—
‘‘(A) apply to all vessels equipped with ballast water
tanks that enter a United States port on the Great Lakes
after operating on the waters beyond the exclusive economic
zone;
‘‘(B) require a vessel to—
‘‘(i) carry out exchange of ballast water on the
waters beyond the exclusive economic zone prior to
entry into any port within the Great Lakes;
‘‘(ii) carry out an exchange of ballast water in
other waters where the exchange does not pose a threat
of infestation or spread of aquatic nuisance species
in the Great Lakes and other waters of the United
States, as recommended by the Task Force under
section 1102(a)(1); or
‘‘(iii) use environmentally sound alternative ballast
water management methods if the Secretary deter-
mines that such alternative methods are as effective
as ballast water exchange in preventing and controlling
infestations of aquatic nuisance species;
‘‘(C) not affect or supersede any requirements or
prohibitions pertaining to the discharge of ballast water
into waters of the United States under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.);
‘‘(D) provide for sampling procedures to monitor compli-
ance with the requirements of the regulations;
‘‘(E) prohibit the operation of a vessel in the Great
Lakes if the master of the vessel has not certified to the
Secretary or the Secretary’s designee by not later than
the departure of that vessel from the first lock in the
St. Lawrence Seaway that the vessel has complied with
the requirements of the regulations;
‘‘(F) protect the safety of—
‘‘(i) each vessel; and
‘‘(ii) the crew and passengers of each vessel;
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‘‘(G) 
take 
into 
consideration 
different 
operating
conditions; and
‘‘(H) be based on the best scientific information
available.
‘‘(3) 
ADDITIONAL
REGULATIONS.—In 
addition 
to
promulgating regulations under paragraph (1), the Secretary,
in consultation with the Task Force, shall, not later than
November 4, 1994, issue regulations to prevent the introduction
and spread of aquatic nuisance species into the Great Lakes
through ballast water carried on vessels that enter a
United States port on the Hudson River north of the George
Washington Bridge.
‘‘(4) EDUCATION AND TECHNICAL ASSISTANCE PROGRAMS.—
The Secretary may carry out education and technical assistance
programs and other measures to promote compliance with the
regulations issued under this subsection.
‘‘(c) VOLUNTARY NATIONAL GUIDELINES.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of the National Invasive Species Act of 1996,
and after providing notice and an opportunity for public com-
ment, the Secretary shall issue voluntary guidelines to prevent
the introduction and spread of nonindigenous species in waters
of the United States by ballast water operations and other
operations of vessels equipped with ballast water tanks.
‘‘(2) CONTENT OF GUIDELINES.—The voluntary guidelines
issued under this subsection shall—
‘‘(A) ensure to the maximum extent practicable that
aquatic nuisance species are not discharged into waters
of the United States from vessels;
‘‘(B) apply to all vessels equipped with ballast water
tanks that operate in waters of the United States;
‘‘(C) protect the safety of—
‘‘(i) each vessel; and
‘‘(ii) the crew and passengers of each vessel;
‘‘(D) direct a vessel that is carrying ballast water into
waters of the United States after operating beyond the
exclusive economic zone to—
‘‘(i) carry out the exchange of ballast water of
the vessel in waters beyond the exclusive economic
zone;
‘‘(ii) exchange the ballast water of the vessel in
other waters where the exchange does not pose a threat
of infestation or spread of nonindigenous species in
waters of the United States, as recommended by the
Task Force under section 1102(a)(1); or
‘‘(iii) use environmentally sound alternative ballast
water management methods, including modification of
the vessel ballast water tanks and intake systems,
if the Secretary determines that such alternative
methods are at least as effective as ballast water
exchange in preventing and controlling infestations of
aquatic nuisance species;
‘‘(E) direct vessels to carry out management practices
that the Secretary determines to be necessary to reduce
the probability of unintentional nonindigenous species
transfer resulting from—
H. R.4283—6
‘‘(i) ship operations other than ballast water
discharge; and
‘‘(ii) ballasting practices of vessels that enter
waters of the United States with no ballast water
on board;
‘‘(F) provide for the keeping of records that shall be
submitted to the Secretary, as prescribed by the guidelines,
and that shall be maintained on board each vessel and
made available for inspection, upon request of the Secretary
and in a manner consistent with subsection (i), in order
to enable the Secretary to determine compliance with the
guidelines, including—
‘‘(i) with respect to each ballast water exchange
referred to in clause (ii), reporting on the precise loca-
tion and thoroughness of the exchange; and
‘‘(ii) any other information that the Secretary
considers necessary to assess the rate of effective
compliance with the guidelines;
‘‘(G) provide for sampling procedures to monitor
compliance with the guidelines;
‘‘(H) take into consideration—
‘‘(i) vessel types;
‘‘(ii) variations in the characteristics of point of
origin and receiving water bodies;
‘‘(iii) variations in the ecological conditions of
waters and coastal areas of the United States; and
‘‘(iv) different operating conditions;
‘‘(I) be based on the best scientific information
available;
‘‘(J) not affect or supersede any requirements or
prohibitions pertaining to the discharge of ballast water
into waters of the United States under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.); and
‘‘(K) provide an exemption from ballast water exchange
requirements to passenger vessels with operating ballast
water systems that are equipped with treatment systems
designed to kill aquatic organisms in ballast water, unless
the Secretary determines that such treatment systems are
less effective than ballast water exchange at reducing the
risk of transfers of invasive species in the ballast water
of passenger vessels; and
‘‘(L) not apply to crude oil tankers engaged in the
coastwise trade.
‘‘(3) EDUCATION AND TECHNICAL ASSISTANCE PROGRAMS.—
Not later than 1 year after the date of enactment of the
National Invasive Species Act of 1996, the Secretary shall carry
out education and technical assistance programs and other
measures to encourage compliance with the guidelines issued
under this subsection.
‘‘(d) REPORT TO CONGRESS.—Not sooner than 24 months after
the date of issuance of guidelines pursuant to subsection (c) and
not later than 30 months after such date, and after consultation
with interested and affected persons, the Secretary shall prepare
and submit to Congress a report containing the information required
pursuant to paragraphs (1) and (2) of subsection (e).
‘‘(e) PERIODIC REVIEW AND REVISION.—
H. R.4283—7
‘‘(1) IN GENERAL.—Not later than 3 years after the date
of issuance of guidelines pursuant to subsection (c), and not
less frequently than every 3 years thereafter, the Secretary
shall, in accordance with criteria developed by the Task Force
under paragraph (3)—
‘‘(A) assess the compliance by vessels with the
voluntary guidelines issued under subsection (c) and the
regulations promulgated under this Act;
‘‘(B) establish the rate of compliance that is based
on the assessment under subparagraph (A);
‘‘(C) assess the effectiveness of the voluntary guidelines
and regulations referred to in subparagraph (A) in reducing
the introduction and spread of aquatic nuisance species
by vessels; and
‘‘(D) as necessary, on the basis of the best scientific
information available—
‘‘(i) revise the guidelines and regulations referred
to in subparagraph (A);
‘‘(ii) promulgate additional regulations pursuant
to subsection (f)(1); or
‘‘(iii) carry out each of clauses (i) and (ii).
‘‘(2) SPECIAL
REVIEW
AND
REVISION.—Not later than 90
days after the Task Force makes a request to the Secretary
for a special review and revision for coastal and inland water-
ways designated by the Task Force, the Secretary shall—
‘‘(A) conduct a special review of guidelines and regula-
tions applicable to those waterways in accordance with
the review procedures under paragraph (1); and
‘‘(B) as necessary, in the same manner as provided
under paragraph (1)(D)—
‘‘(i) revise those guidelines;
‘‘(ii) promulgate additional regulations pursuant
to subsection (f)(1); or
‘‘(iii) carry out each of clauses (i) and (ii).
‘‘(3) CRITERIA
FOR
EFFECTIVENESS.—Not later than 18
months after the date of enactment of the National Invasive
Species Act of 1996, the Task Force shall submit to the
Secretary criteria for determining the adequacy and effective-
ness of the voluntary guidelines issued under subsection (c).
‘‘(f) AUTHORITY OF SECRETARY.—
‘‘(1) GENERAL REGULATIONS.—If, on the basis of a periodic
review conducted under subsection (e)(1) or a special review
conducted under subsection (e)(2), the Secretary determines
that—
‘‘(A) the rate of effective compliance (as determined
by the Secretary) with the guidelines issued pursuant to
subsection (c) is inadequate; or
‘‘(B) the reporting by vessels pursuant to those
guidelines is not adequate for the Secretary to assess the
compliance with those guidelines and provide a rate of
compliance of vessels, including the assessment of the rate
of compliance of vessels under subsection (e)(2),
the Secretary shall promptly promulgate regulations that meet
the requirements of paragraph (2).
‘‘(2) REQUIREMENTS
FOR
REGULATIONS.—The regulations
promulgated by the Secretary under paragraph (1)—
‘‘(A) shall—
H. R.4283—8
‘‘(i) not be promulgated sooner than 180 days
following the issuance of the report to Congress
submitted pursuant to subsection (d);
‘‘(ii) make mandatory the requirements included
in the voluntary guidelines issued under subsection
(c); and
‘‘(iii) provide for the enforcement of the regula-
tions; and
‘‘(B) may be regional in scope.
‘‘(3) INTERNATIONAL
REGULATIONS.—The Secretary shall
revise regulations promulgated under this subsection to the
extent required to make such regulations consistent with the
treatment of a particular matter in any international agree-
ment, agreed to by the United States, governing management
of the transfer of nonindigenous aquatic species by vessel.
‘‘(g) SANCTIONS.—
‘‘(1) CIVIL PENALTIES.—Any person who violates a regula-
tion promulgated under subsection (b) or (f) shall be liable
for a civil penalty in an amount not to exceed $25,000. Each
day of a continuing violation constitutes a separate violation.
A vessel operated in violation of the regulations is liable in
rem for any civil penalty assessed under this subsection for
that violation.
‘‘(2) CRIMINAL
PENALTIES.—Any person who knowingly
violates the regulations promulgated under subsection (b) or
(f) is guilty of a class C felony.
‘‘(3) REVOCATION
OF
CLEARANCE.—Upon request of the
Secretary, the Secretary of the Treasury shall withhold or
revoke the clearance of a vessel required by section 4197 of
the Revised Statutes (46 U.S.C. App. 91), if the owner or
operator of that vessel is in violation of the regulations issued
under subsection (b) or (f).
‘‘(4) EXCEPTION TO SANCTIONS.—This subsection does not
apply to a failure to exchange ballast water if—
‘‘(A) the master of a vessel, acting in good faith, decides
that the exchange of ballast water will threaten the safety
or stability of the vessel, its crew, or its passengers; and
‘‘(B) the recordkeeping and reporting requirements of
the Act are complied with.
‘‘(h) COORDINATION WITH OTHER AGENCIES.—In carrying out
the programs under this section, the Secretary is encouraged to
use, to the maximum extent practicable, the expertise, facilities,
members, or personnel of established agencies and organizations
that have routine contact with vessels, including the Animal and
Plant Health Inspection Service of the Department of Agriculture,
the National Cargo Bureau, port administrations, and ship pilots’
associations.
‘‘(i) CONSULTATION WITH CANADA, MEXICO, AND OTHER FOREIGN
GOVERNMENTS.—In developing the guidelines issued and regula-
tions promulgated under this section, the Secretary is encouraged
to consult with the Government of Canada, the Government of
Mexico, and any other government of a foreign country that the
Secretary, in consultation with the Task Force, determines to be
necessary to develop and implement an effective international pro-
gram for preventing the unintentional introduction and spread of
nonindigenous species.
H. R.4283—9
‘‘(j) INTERNATIONAL COOPERATION.—The Secretary, in coopera-
tion with the International Maritime Organization of the United
Nations and the Commission on Environmental Cooperation estab-
lished pursuant to the North American Free Trade Agreement,
is encouraged to enter into negotiations with the governments of
foreign countries to develop and implement an effective inter-
national program for preventing the unintentional introduction and
spread of nonindigenous species.
‘‘(k) SAFETY EXEMPTION.—
‘‘(1) MASTER DISCRETION.—The master of a vessel is not
required to conduct a ballast water exchange if the master
decides that the exchange would threaten the safety or stability
of the vessel, its crew, or its passengers because of adverse
weather, vessel architectural design, equipment failure, or any
other extraordinary conditions.
‘‘(2) OTHER REQUIREMENTS.—(A) IN GENERAL.—Except as
provided in subparagraph (B), a vessel that does not exchange
ballast water on the high seas under paragraph (1) shall not
be restricted from discharging ballast water in any harbor.
‘‘(B) GREAT LAKES.—Subparagraph (A) shall not apply in
a case in which a vessel is subject to the regulations issued
by the Secretary under subsection (b).
‘‘(3) CRUDE
OIL
TANKER
BALLAST
FACILITY
STUDY.—(A)
Within 60 days of the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is operat-
ing, in consultation with the Under Secretary of Commerce
for Oceans and Atmosphere, affected shoreside ballast water
facility operators, affected crude oil tanker operators, and
interested parties, shall initiate a study of the effectiveness
of existing shoreside ballast water facilities used by crude oil
tankers in the coastwise trade off Alaska in preventing the
introduction of nonindigenous aquatic species into the waters
off Alaska, as well as the cost and feasibility of modifying
such facilities to improve such effectiveness.
‘‘(B) The study required under subparagraph (A) shall be
submitted to the Congress by no later than October 1, 1997.
‘‘(l) NON-DISCRIMINATION.—The Secretary shall ensure that
vessels registered outside of the United States do not receive more
favorable treatment than vessels registered in the United States
when the Secretary performs studies, reviews compliance, deter-
mines effectiveness, establishes requirements, or performs any other
responsibilities under this Act.’’.
(c) NATIONAL BALLAST WATER MANAGEMENT INFORMATION.—
Section 1102 (16 U.S.C. 4712) is amended—
(1) by striking the section heading and inserting the
following:
‘‘SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.’’;
(2) in subsection (a)—
(A) in paragraphs (1) and (2), by inserting ‘‘, in coopera-
tion with the Secretary,’’ before ‘‘shall conduct’’ each place
it appears;
(B) in paragraph (2), by inserting ‘‘Lake Champlain
and other’’ after ‘‘economic uses of’’;
(3) by striking subsection (b) and inserting the following:
‘‘(b) ECOLOGICAL AND BALLAST WATER DISCHARGE SURVEYS.—
‘‘(1) ECOLOGICAL SURVEYS.—
H. R.4283—10
‘‘(A) IN GENERAL.—The Task Force, in cooperation with
the Secretary, shall conduct ecological surveys of the
Chesapeake Bay, San Francisco Bay, and Honolulu Harbor
and, as necessary, of other estuaries of national significance
and other waters that the Task Force determines—
‘‘(i) to be highly susceptible to invasion by aquatic
nuisance species resulting from ballast water oper-
ations and other operations of vessels; and
‘‘(ii) to require further study.
‘‘(B) REQUIREMENTS FOR SURVEYS.—In conducting the
surveys under this paragraph, the Task Force shall, with
respect to each such survey—
‘‘(i) examine the attributes and patterns of inva-
sions of aquatic nuisance species; and
‘‘(ii) provide an estimate of the effectiveness of
ballast water management and other vessel manage-
ment guidelines issued and regulations promulgated
under this subtitle in abating invasions of aquatic
nuisance species in the waters that are the subject
of the survey.
‘‘(2) BALLAST WATER DISCHARGE SURVEYS.—
‘‘(A) IN GENERAL.—The Secretary, in cooperation with
the Task Force, shall conduct surveys of ballast water
discharge rates and practices in the waters referred to
in paragraph (1)(A) on the basis of the criteria under
clauses (i) and (ii) of such paragraph.
‘‘(B) REQUIREMENTS FOR SURVEYS.—In conducting the
surveys under this paragraph, the Secretary shall—
‘‘(i) examine the rate of, and trends in, ballast
water discharge in the waters that are the subject
of the survey; and
‘‘(ii) assess the effectiveness of voluntary guidelines
issued, and regulations promulgated, under this sub-
title in altering ballast water discharge practices to
reduce the probability of accidental introductions of
aquatic nuisance species.
‘‘(3) COLUMBIA RIVER.—The Secretary, in cooperation with
the Task Force and academic institutions in each of the States
affected, shall conduct an ecological and ballast water discharge
survey of the Columbia River system consistent with the
requirements of paragraphs (1) and (2).’’; and
(4) by adding at the end the following new subsections:
‘‘(e) REGIONAL RESEARCH GRANTS.—Out of amounts appro-
priated to carry out this subsection for a fiscal year, the Under
Secretary may—
‘‘(1) make available not to exceed $750,000 to fund research
on aquatic nuisance species prevention and control in the
Chesapeake Bay through grants, to be competitively awarded
and subject to peer review, to universities and research institu-
tions;
‘‘(2) make available not to exceed $500,000 to fund research
on aquatic nuisance species prevention and control in the Gulf
of Mexico through grants, to be competitively awarded and
subject to peer review, to universities and research institutions;
‘‘(3) make available not to exceed $500,000 to fund research
on aquatic nuisance species prevention and control for the
H. R.4283—11
Pacific Coast through grants, to be competitively awarded and
subject to peer review, to universities and research institutions;
‘‘(4) make available not to exceed $500,000 to fund research
on aquatic nuisance species prevention and control for the
Atlantic Coast through grants, to be competitively awarded
and subject to peer review, to universities and research institu-
tions; and
‘‘(5) make available not to exceed $750,000 to fund research
on aquatic nuisance species prevention and control in the San
Francisco Bay-Delta Estuary through grants, to be competi-
tively awarded and subject to peer review, to universities and
research institutions.
‘‘(f) NATIONAL BALLAST INFORMATION CLEARINGHOUSE.—
‘‘(1) IN GENERAL.—The Secretary shall develop and main-
tain, in consultation and cooperation with the Task Force and
the Smithsonian Institution (acting through the Smithsonian
Environmental Research Center), a clearinghouse of national
data concerning—
‘‘(A) ballasting practices;
‘‘(B) compliance with the guidelines issued pursuant
to section 1101(c); and
‘‘(C) any other information obtained by the Task Force
under subsection (b).
‘‘(2) REPORT.—In consultation and cooperation with the
Task Force and the Smithsonian Institution (acting through
the 
Smithsonian 
Environmental 
Research 
Center), 
the
Secretary shall prepare and submit to the Task Force and
the Congress, on a biannual basis, a report that synthesizes
and analyzes the data referred to in paragraph (1) relating
to—
‘‘(A) ballast water delivery and management; and
‘‘(B) invasions of aquatic nuisance species resulting
from ballast water.’’.
(d) ARMED
SERVICES
BALLAST
WATER
PROGRAM; BALLAST
WATER MANAGEMENT DEMONSTRATION PROGRAM.—Subtitle B (16
U.S.C. 4701 et seq.) is amended by adding at the end the following
new sections:
‘‘SEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS.
‘‘(a) DEPARTMENT OF DEFENSE VESSELS.—Subject to operational
conditions, the Secretary of Defense, in consultation with the
Secretary, the Task Force, and the International Maritime
Organization, shall implement a ballast water management pro-
gram for seagoing vessels of the Department of Defense to minimize
the risk of introduction of nonindigenous species from releases
of ballast water.
‘‘(b) COAST GUARD VESSELS.—Subject to operational conditions,
the Secretary, in consultation with the Task Force and the Inter-
national Maritime Organization, shall implement a ballast water
management program for seagoing vessels of the Coast Guard to
minimize the risk of introduction of nonindigenous species from
releases of ballast water.
‘‘SEC. 
1104. 
BALLAST 
WATER 
MANAGEMENT 
DEMONSTRATION
PROGRAM.
‘‘(a) TECHNOLOGIES AND PRACTICES DEFINED.—For purposes of
this section, the term ‘technologies and practices’ means those tech-
nologies and practices that—
H. R.4283—12
‘‘(1) may be retrofitted—
‘‘(A) on existing vessels or incorporated in new vessel
designs; and
‘‘(B) on existing land-based ballast water treatment
facilities;
‘‘(2) may be designed into new water treatment facilities;
‘‘(3) are operationally practical;
‘‘(4) are safe for a vessel and crew;
‘‘(5) are environmentally sound;
‘‘(6) are cost-effective;
‘‘(7) a vessel operator is capable of monitoring; and
‘‘(8) are effective against a broad range of aquatic nuisance
species.
‘‘(b) DEMONSTRATION PROGRAM.—
‘‘(1) IN GENERAL.—During the 18-month period beginning
on the date that funds are made available by appropriations
pursuant to section 1301(e), the Secretary of the Interior and
the Secretary of Commerce, with the concurrence of and in
cooperation with the Secretary, shall conduct a ballast water
management demonstration program to demonstrate tech-
nologies and practices to prevent aquatic nonindigenous species
from being introduced into and spread through ballast water
in the Great Lakes and other waters of the United States.
‘‘(2) LOCATION.—The installation and construction of the
technologies and practices used in the demonstration program
conducted under this subsection shall be performed in the
United States.
‘‘(3) VESSEL
SELECTION.—In demonstrating technologies
and practices on vessels under this subsection, the Secretary
of the Interior and the Secretary of Commerce, shall—
‘‘(A) use only vessels that—
‘‘(i) are approved by the Secretary;
‘‘(ii) have ballast water systems conducive to test-
ing aboard-vessel or land-based technologies and
practices applicable to a significant number of mer-
chant vessels; and
‘‘(iii) are—
‘‘(I) publicly or privately owned; and
‘‘(II) in active use for trade or other cargo
shipment purposes during the demonstration;
‘‘(B) select vessels for participation in the program
by giving priority consideration—
‘‘(i) first, to vessels documented under chapter 121
of title 46, United States Code;
‘‘(ii) second, to vessels that are a majority owned
by citizens of the United States, as determined by
the Secretary; and
‘‘(iii) third, to any other vessels that regularly call
on ports in the United States; and
‘‘(C) seek to use a variety of vessel types, including
vessels that—
‘‘(i) call on ports in the United States and on
the Great Lakes; and
‘‘(ii) are operated along major coasts of the United
States and inland waterways, including the San
Francisco Bay and Chesapeake Bay.
H. R.4283—13
‘‘(4) SELECTION
OF
TECHNOLOGIES
AND
PRACTICES.—In
selecting technologies and practices for demonstration under
this subsection, the Secretary of the Interior and the Secretary
of Commerce shall give priority consideration to technologies
and practices identified as promising by the National Research
Council Marine Board of the National Academy of Sciences
in its report on ships’ ballast water operations issued in July
1996.
‘‘(5) REPORT.—Not later than 3 years after the date of
enactment of the National Invasive Species Act of 1996, the
Secretary of the Interior and the Secretary of Commerce shall
prepare and submit a report to the Congress on the demonstra-
tion program conducted pursuant to this section. The report
shall include findings and recommendations of the Secretary
of the Interior and the Secretary of Commerce concerning tech-
nologies and practices.
‘‘(c) AUTHORITIES; CONSULTATION
AND
COOPERATION
WITH
INTERNATIONAL MARITIME ORGANIZATION AND TASK FORCE.—
‘‘(1) 
AUTHORITIES.—In 
conducting 
the 
demonstration
program under subsection (b), the Secretary of the Interior
may—
‘‘(A) enter into cooperative agreements with appro-
priate officials of other agencies of the Federal Government,
agencies of States and political subdivisions thereof, and
private entities;
‘‘(B) accept funds, facilities, equipment, or personnel
from other Federal agencies; and
‘‘(C) accept donations of property and services.
‘‘(2) CONSULTATION AND COOPERATION.—The Secretary of
the Interior shall consult and cooperate with the International
Maritime Organization and the Task Force in carrying out
this section.’’.
(e) AMENDMENTS TO SUBTITLE C.—
(1) SUBTITLE
HEADING.—The heading to subtitle C (16
U.S.C. 4721 et seq.) is amended to read as follows:
‘‘Subtitle C—Prevention and Control of
Aquatic Nuisance Species Dispersal’’.
(2) TASK
FORCE.—Section 1201 (16 U.S.C. 4721) is
amended—
(A) in subsection (b)—
(i) by striking ‘‘and’’ at the end of paragraph (5);
(ii) by redesignating paragraph (6) as paragraph
(7); and
(iii) by inserting after paragraph (5) the following
new paragraph:
‘‘(6) the Secretary of Agriculture; and’’; and
(B) in subsection (c), by inserting ‘‘the Chesapeake
Bay Program, the San Francisco Bay-Delta Estuary Pro-
gram,’’ before ‘‘and State agencies’’.
(3) RESEARCH PROGRAM.—Section 1202 (16 U.S.C. 4722)
is amended—
(A) in subsection (f)(1)(A), by inserting ‘‘and impacts’’
after ‘‘economic risks’’; and
(B) in subsection (i)—
H. R.4283—14
(i) in paragraph (1)—
(I) by striking ‘‘(1) IN
GENERAL.—The Task
Force’’ and inserting the following:
‘‘(1) ZEBRA MUSSEL.—
‘‘(A) IN GENERAL.—The Task Force’’;
(II) by striking ‘‘(A) research’’ and inserting
the following:
‘‘(i) research’’;
(III) by striking ‘‘(B) tracking’’ and inserting
the following:
‘‘(ii) tracking’’;
(IV) 
by 
striking 
‘‘(C) 
development’’ 
and
inserting the following:
‘‘(iii) development’’; and
(V) by striking ‘‘(D) provision’’ and inserting
the following:
‘‘(iv) provision’’;
(ii) in paragraph (2), by striking ‘‘(2) PUBLIC
FACILITY RESEARCH AND DEVELOPMENT.—’’ and insert-
ing the following:
‘‘(B) 
PUBLIC
FACILITY
RESEARCH
AND
DEVELOP-
MENT.—’’;
(iii) in subparagraph (B) of paragraph (1), as so
redesignated, by striking the first sentence and insert-
ing the following: ‘‘The Assistant Secretary, in consulta-
tion with the Task Force, shall develop a program
of research, technology development, and demonstra-
tion for the environmentally sound control of zebra
mussels in and around public facilities.’’;
(iv) in paragraph (1), by adding after subparagraph
(B), as so redesignated, the following new subpara-
graph:
‘‘(C) VOLUNTARY GUIDELINES.—Not later than 1 year
after the date of enactment of this subparagraph, the Task
Force shall develop and submit to the Secretary voluntary
guidelines for controlling the spread of the zebra mussel
and, if appropriate, other aquatic nuisance species through
recreational activities, including boating and fishing. Not
later than 4 months after the date of such submission,
and after providing notice and an opportunity for public
comment, the Secretary shall issue voluntary guidelines
that are based on the guidelines developed by the Task
Force under this subparagraph.’’; and
(v) by adding at the end the following new
paragraphs:
‘‘(2) DISPERSAL CONTAINMENT ANALYSIS.—
‘‘(A) RESEARCH.—The Administrator of the Environ-
mental Protection Agency, in cooperation with the National
Science Foundation and the Task Force, shall provide
research grants on a competitive basis for projects that—
‘‘(i) identify environmentally sound methods for
controlling the dispersal of aquatic nuisance species,
such as the zebra mussel; and
‘‘(ii) adhere to research protocols developed
pursuant to subsection (f)(2).
H. R.4283—15
‘‘(B) AUTHORIZATION
OF
APPROPRIATIONS.—There are
authorized to be appropriated to the Environmental Protec-
tion Agency to carry out this paragraph, $500,000.
‘‘(3) DISPERSAL BARRIER DEMONSTRATION.—
‘‘(A) 
IN
GENERAL.—The 
Assistant 
Secretary, 
in
consultation with the Task Force, shall investigate and
identify environmentally sound methods for preventing and
reducing the dispersal of aquatic nuisance species between
the Great Lakes-Saint Lawrence drainage and the
Mississippi River drainage through the Chicago River Ship
and Sanitary Canal, including any of those methods that
could be incorporated into the operation or construction
of the lock system of the Chicago River Ship and Sanitary
Canal.
‘‘(B) REPORT.—Not later than 18 months after the date
of enactment of this paragraph, the Assistant Secretary
shall issue a report to the Congress that includes
recommendations concerning—
‘‘(i) which of the methods that are identified under
the study conducted under this paragraph are most
promising with respect to preventing and reducing the
dispersal of aquatic nuisance species; and
‘‘(ii) ways to incorporate those methods into
ongoing operations of the United States Army Corps
of Engineers that are conducted at the Chicago River
Ship and Sanitary Canal.
‘‘(C) AUTHORIZATION
OF
APPROPRIATIONS.—There are
authorized to be appropriated to the Department of the
Army, to carry out this paragraph, $750,000.
‘‘(4) CONTRIBUTIONS.—To the extent allowable by law, in
carrying out the studies under paragraphs (2) and (3), the
Administrator of the Environmental Protection Agency and the
Secretary of the Army may enter into an agreement with an
interested party under which that party provides in kind or
monetary contributions for the study.
‘‘(5) TECHNICAL ASSISTANCE.—The Great Lakes Environ-
mental Research Laboratory of the National Oceanic and
Atmospheric Administration shall provide technical assistance
to appropriate entities to assist in the research conducted
pursuant to this subsection.’’.
(4) 
IMPLEMENTATION.—Section 
1202(j)(1) 
(16 
U.S.C.
4722(j)(1)) is amended by striking ‘‘Not later than 18 months
after the date of the enactment of this Act, the Director’’ and
inserting ‘‘The Director, the Secretary,’’.
(5) REGIONAL COORDINATION.—Section 1203 (16 U.S.C.
4723) is amended—
(A) by striking the section heading and inserting the
following:
‘‘SEC. 1203. REGIONAL COORDINATION.’’;
(B) in subsection (a)—
(i) by striking ‘‘(a) IN
GENERAL.—Not’’ and
inserting the following:
‘‘(a) GREAT LAKES PANEL.—
‘‘(1) IN GENERAL.—Not’’;
(ii) by striking ‘‘(1) identify’’ and inserting the
following:
H. R.4283—16
‘‘(A) identify’’;
(iii) by striking ‘‘(2) make’’ and inserting the
following:
‘‘(B) make’’;
(iv) by striking ‘‘(3) assist’’ and inserting the
following:
‘‘(C) assist’’;
(v) by striking ‘‘(4) coordinate’’ and inserting the
following:
‘‘(D) coordinate’’;
(vi) by striking ‘‘(5) provide’’ and inserting the
following:
‘‘(E) provide’’;
(vii) by striking ‘‘(6) submit’’ and inserting the
following:
‘‘(F) submit’’;
(viii) in paragraph (1), as so redesignated—
(I) in the matter preceding subparagraph (A),
by inserting ‘‘region’’ before ‘‘representatives’’; and
(II) in subparagraphs (A) through (F), by
striking ‘‘Great Lakes’’ each place it appears and
inserting ‘‘Great Lakes region’’;
(C) by striking ‘‘(b) CONSULTATION.—The Task Force’’
and inserting the following:
‘‘(2) CONSULTATION.—The Task Force’’;
(D) by striking ‘‘(c) CANADIAN PARTICIPATION.—The
panel’’ and inserting the following:
‘‘(3) CANADIAN PARTICIPATION.—The panel’’;
(E) in paragraphs (2) and (3) of subsection (a), as
so redesignated, by striking ‘‘this section’’ and inserting
‘‘this subsection’’; and
(F) by adding at the end the following new subsections:
‘‘(b) WESTERN REGIONAL PANEL.—Not later than 30 days after
the date of enactment of the National Invasive Species Act of
1996, the Task Force shall request a Western regional panel, com-
prised of Western region representatives from Federal, State, and
local agencies and from private environmental and commercial
interests, to—
‘‘(1) identify priorities for the Western region with respect
to aquatic nuisance species;
‘‘(2) make recommendations to the Task Force regarding
an education, monitoring (including inspection), prevention, and
control program to prevent the spread of the zebra mussel
west of the 100th Meridian pursuant to section 1202(i) of this
Act;
‘‘(3) coordinate, where possible, other aquatic nuisance
species program activities in the Western region that are not
conducted pursuant to this Act;
‘‘(4) develop an emergency response strategy for Federal,
State, and local entities for stemming new invasions of aquatic
nuisance species in the region;
‘‘(5) provide advice to public and private individuals and
entities concerning methods of preventing and controlling
aquatic nuisance species infestations; and
‘‘(6) submit annually a report to the Task Force describing
activities within the Western region related to aquatic nuisance
species prevention, research, and control.
H. R.4283—17
‘‘(c) ADDITIONAL REGIONAL PANELS.—The Task Force shall—
‘‘(1) encourage the development and use of regional panels
and other similar entities in regions in addition to the Great
Lakes and Western regions (including providing financial
assistance for the development and use of such entities) to
carry out, with respect to those regions, activities that are
similar to the activities described in subsections (a) and (b);
and
‘‘(2) cooperate with regional panels and similar entities
that carry out the activities described in paragraph (1).’’.
(6) STATE OR INTERSTATE WATERSHED AQUATIC NUISANCE
SPECIES MANAGEMENT PLAN.—Section 1204 (16 U.S.C. 4724)
is amended—
(A) in subsection (a)—
(i) by striking the subsection designation and head-
ing and inserting the following:
‘‘(a) STATE
OR INTERSTATE INVASIVE SPECIES MANAGEMENT
PLANS.—’’;
(ii) in paragraph (1)—
(I) by striking the matter preceding subpara-
graph (A) and inserting the following:
‘‘(1) IN GENERAL.—After providing notice and opportunity
for public comment, the Governor of each State may prepare
and submit, or the Governors of the States and the governments
of the Indian tribes involved in an interstate organization,
may jointly prepare and submit—’’;
(II) in subparagraph (A), by striking ‘‘technical
and financial assistance’’ and inserting ‘‘technical,
enforcement, or financial assistance (or any com-
bination thereof)’’; and
(III) in subparagraphs (A) and (B), by inserting
‘‘or within the interstate region involved’’ after
‘‘within the State’’ each place it appears;
(iii) in paragraph (2)—
(I) in subparagraph (B), by striking ‘‘and’’ at
the end of the subparagraph;
(II) by redesignating subparagraph (C) as
subparagraph (D);
(III) by inserting after subparagraph (B) the
following:
‘‘(C) identify any authority that the State (or any State
or Indian tribe involved in the interstate organization)
does not have at the time of the development of the plan
that may be necessary for the State (or any State or Indian
tribe involved in the interstate organization) to protect
public health, property, and the environment from harm
by aquatic nuisance species; and’’; and
(IV) in subparagraph (D), as so redesignated,
by inserting ‘‘, and enabling legislation’’ before the
period;
(iv) in paragraph (3)—
(I) in subparagraph (A)—
(aa) by inserting ‘‘or interstate organiza-
tion’’ after ‘‘the State’’; and
(bb) by inserting ‘‘Indian tribes,’’ after
‘‘local governments and regional entities,’’; and
H. R.4283—18
(II) in subparagraph (B), by inserting ‘‘or the
appropriate official of an interstate organization’’
after ‘‘a State’’; and
(v) in paragraph (4), by inserting ‘‘or the interstate
organization’’ after ‘‘the Governor’’;
(B) in subsection (b)(1)—
(i) by striking ‘‘or the Assistant Secretary, as
appropriate under subsection (a),’’; and
(ii) by striking ‘‘approved management plans’’ and
inserting ‘‘management plans approved under sub-
section (a)’’; and
(C) by adding at the end the following new subsection:
‘‘(c) ENFORCEMENT ASSISTANCE.—Upon request of a State or
Indian tribe, the Director or the Under Secretary, to the extent
allowable by law and in a manner consistent with section 141
of title 14, United States Code, may provide assistance to a State
or Indian tribe in enforcing an approved State or interstate invasive
species management plan.’’.
(f) AUTHORIZATIONS
OF APPROPRIATIONS.—Section 1301 (16
U.S.C. 4741) is amended—
(1) in subsection (a)—
(A) by striking ‘‘and’’ at the end of paragraph (2);
(B) by striking paragraph (3) and inserting the
following:
‘‘(3) to the Secretary to carry out section 1101—
‘‘(A) $2,000,000 for each of fiscal years 1997 and
1998; and
‘‘(B) $3,000,000 for each of fiscal years 1999 through
2002;’’; and
(C) by adding at the end the following new paragraphs:
‘‘(4) for each of fiscal years 1997 through 2002, to carry
out paragraphs (1) and (2) of section 1102(b)—
‘‘(A) $1,000,000 to the Department of the Interior, to
be used by the Director; and
‘‘(B) $1,000,000 to the Secretary; and
‘‘(5) for each of fiscal years 1997 through 2002—
‘‘(A) $3,000,000, which shall be made available from
funds otherwise authorized to be appropriated if such funds
are so authorized, to the Under Secretary to carry out
section 1102(e); and
‘‘(B) $500,000 to the Secretary to carry out section
1102(f).’’;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘1991, 1992, 1993, 1994, and 1995’’ and inserting ‘‘1997
through 2002’’; and
(B) by striking paragraphs (1) through (7) and inserting
the following:
‘‘(1) $6,000,000 to the Department of the Interior, to be
used by the Director to carry out sections 1202 and 1209;
‘‘(2) $1,000,000 to the Department of Commerce, to be
used by the Under Secretary to carry out section 1202;
‘‘(3) $1,625,000, which shall be made available from funds
otherwise authorized to be appropriated if such funds are so
authorized, to fund aquatic nuisance species prevention and
control research under section 1202(i) at the Great Lakes
Environmental Research Laboratory of the National Oceanic
H. R.4283—19
and Atmospheric Administration, of which $500,000 shall be
made available for grants, to be competitively awarded and
subject to peer review, for research relating to Lake Champlain;
‘‘(4) $5,000,000 for competitive grants for university
research on aquatic nuisance species under section 1202(f)(3)
as follows:
‘‘(A) $2,800,000, which shall be made available from
funds otherwise authorized to be appropriated if such funds
are so authorized, to fund grants under section 205 of
the National Sea Grant College Program Act (33 U.S.C.
1124);
‘‘(B) $1,200,000 to fund grants to colleges for the benefit
of agriculture and the mechanic arts referred to in the
first section of the Act of August 30, 1890 (26 Stat. 417,
chapter 841; 7 U.S.C. 322); and
‘‘(C) $1,000,000 to fund grants through the Cooperative
Fisheries and Wildlife Research Unit Program of the United
States Fish and Wildlife Service;
‘‘(5) $3,000,000 to the Department of the Army, to be used
by the Assistant Secretary to carry out section 1202(i)(1)(B);
and
‘‘(6) $300,000 to the Department of the Interior, to be
used by the Director to fund regional panels and similar entities
under section 1203, of which $100,000 shall be used to fund
activities of the Great Lakes Commission.’’;
(3) by striking subsection (c) and inserting the following:
‘‘(c) GRANTS FOR STATE MANAGEMENT PROGRAMS.—There are
authorized to be appropriated for each of fiscal years 1997 through
2002 $4,000,000 to the Department of the Interior, to be used
by the Director for making grants under section 1204, of which
$1,500,000 shall be used by the Director, in consultation with
the Assistant Secretary, for management of aquatic nuisance vege-
tation species.’’; and
(4) by adding at the end the following new subsections:
‘‘(e) 
BALLAST
WATER
MANAGEMENT
DEMONSTRATION
PROGRAM.—There are authorized to be appropriated $2,500,000 to
carry out section 1104.
‘‘(f) RESEARCH.—There are authorized to be appropriated to
the Director $1,000,000 to carry out research on the prevention,
monitoring, and control of aquatic nuisance species in Narragansett
Bay, Rhode Island. The funds shall be made available for use
by the Department of Environmental Management of the State
of Rhode Island.’’.
(g) REFERENCES TO APPROPRIATE COMMITTEES.—The Act (16
U.S.C. 4701 et seq.) is amended by striking ‘‘appropriate Commit-
tees’’ each place it appears and inserting ‘‘Congress’’.
(h) TECHNICAL CORRECTIONS.—Public Law 101–646 (16 U.S.C.
4701 et seq.) is amended—
(1) in titles I, II, and IV, by striking the quotation marks
at the beginning of any title, subtitle, section, subsection,
paragraph, subparagraph, clause, subclause, or undesignated
provision;
(2) at the end of titles II and IV, by striking the closing
quotation marks and the final period; and
(3) in section 1003—
(A) by striking each single opening quotation mark
and inserting double opening quotation marks; and
H. R.4283—20
(B) by striking each single closing quotation mark and
inserting double closing quotations marks.
SEC. 3. STATUTORY CONSTRUCTION.
Nothing in this Act or the amendments made by this Act
is intended to affect the authorities and responsibilities of the
Great Lakes Fishery Commission established under article II of
the Convention on Great Lakes Fisheries between the United States
of America and Canada, signed at Washington on September 10,
1954 (hereafter in this section referred to as the ‘‘Convention’’),
including the authorities and responsibilities of the Great Lakes
Fishery Commission—
(1) for developing and implementing a comprehensive
program for eradicating or minimizing populations of sea
lamprey in the Great Lakes watershed; and
(2) carrying out the duties of the Commission specified
in the Convention (including any amendment thereto) and the
Great Lakes Fishery Act of 1956 (16 U.S.C. 931 et seq.).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.