I 
109TH CONGRESS 
1ST SESSION H. R. 1592 
To establish marine and freshwater research, development, and demonstration 
programs to support efforts to prevent, control, and eradicate invasive 
species, as well as to educate citizens and stakeholders and restore 
ecosystems. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 13, 2005 
Mr. EHLERS (for himself, Mr. GILCHREST, Mr. BOEHLERT, Mr. BAIRD, Mr. 
HONDA, and Mr. KIRK) introduced the following bill; which was referred 
to the Committee on Science, and in addition to the Committees on 
Transportation and Infrastructure, Resources, and House Administration, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To establish marine and freshwater research, development, 
and demonstration programs to support efforts to pre-
vent, control, and eradicate invasive species, as well as 
to educate citizens and stakeholders and restore eco-
systems. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Aquatic Invasive Spe-
cies Research Act’’.
SEC. 2. FINDINGS. 
The Congress makes the following findings: 
(1) Aquatic invasive species damage infrastruc-
ture, disrupt commerce, outcompete native species, 
reduce biodiversity, and threaten human health. 
(2) The direct and indirect costs of aquatic 
invasive species to our Nation’s economy number in 
the billions of dollars per year. In the Great Lakes 
region, approximately $3,000,000,000 dollars have 
been spent in the past 10 years to mitigate the dam-
age caused by one invasive species, the zebra mussel. 
(3) Recent studies have shown that, in addition 
to economic damage, invasive species cause enor-
mous environmental damage, and have cited invasive 
species as the second leading threat to endangered 
species. 
(4) Over the past 200 years, the rate of de-
tected marine and freshwater invasions in North 
America has increased exponentially. 
(5) The rate of invasions continues to grow 
each year. 
(6) Marine and freshwater research underlies 
every aspect of detecting, preventing, controlling, 
and eradicating invasive species, educating citizens 
and stakeholders, and restoring ecosystems.
(7) Current Federal efforts, including research 
efforts, have focused primarily on controlling estab-
lished invasive species, which is both costly and often 
unsuccessful. An emphasis on research, development, 
and demonstration to support efforts to prevent 
invasive species or eradicate them upon entry into 
United States waters would likely result in a more 
cost-effective and successful approach to combating 
invasive species through preventing initial introduc-
tion. 
(8) Research, development, and demonstration 
to support prevention and eradication includes moni-
toring of both pathways and ecosystems to track the 
introduction and establishment of nonnative species, 
and development and testing of technologies to pre-
vent introduction through known pathways. 
(9) Therefore, Congress finds that it is in the 
United States interest to conduct a comprehensive 
and thorough research, development, and demonstra-
tion program on aquatic invasive species in order to 
better understand how aquatic invasive species are 
introduced and become established and to support 
efforts to prevent the introduction and establishment 
of, and to eradicate, these species.
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTERING AGENCIES.—The term ‘‘ad-
ministering agencies’’ means— 
(A) the National Oceanic and Atmospheric 
Administration (including the Great Lakes En-
vironmental Research Laboratory); 
(B) the Smithsonian Institution (acting 
through the Smithsonian Environmental Re-
search Center); and 
(C) the United States Geological Survey. 
(2) AQUATIC ECOSYSTEM.—The term ‘‘aquatic 
ecosystem’’ means a freshwater, marine, or estuarine 
environment (including inland waters, riparian 
areas, and wetlands) located in the United States. 
(3) BALLAST
WATER.—The term ‘‘ballast 
water’’ means any water (with its suspended matter) 
used to maintain the trim and stability of a vessel. 
(4) INVASION.—The term ‘‘invasion’’ means the 
introduction and establishment of an invasive species 
into an ecosystem beyond its historic range. 
(5) INVASIVE
SPECIES.—The term ‘‘invasive 
species’’ means a species— 
(A) that is nonnative to the ecosystem 
under consideration; and
(B) whose introduction causes or may 
cause harm to the economy, the environment, or 
human health. 
(6) INVASIVE
SPECIES
COUNCIL.—The term 
‘‘Invasive Species Council’’ means the council estab-
lished by section 3 of Executive Order No. 13112 
(42 U.S.C. 4321 note). 
(7) PATHWAY.—The term ‘‘pathway’’ means 1 
or more routes by which an invasive species is trans-
ferred from one ecosystem to another. 
(8) SPECIES.—The term ‘‘species’’ means any 
fundamental category of taxonomic classification or 
any viable biological material ranking below a genus 
or subgenus. 
(9) TASK
FORCE.—The term ‘‘Task Force’’ 
means the Aquatic Nuisance Species Task Force es-
tablished by section 1201(a) of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4721(a)). 
(10) 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 pursuant to Federal law for a particular 
application.
SEC. 4. COORDINATION AND IMPLEMENTATION. 
(a) COORDINATION.—In carrying out this Act, the 
administering agencies shall coordinate with— 
(1) appropriate State agencies; 
(2) the Fish and Wildlife Service, the Environ-
mental Protection Agency, and other appropriate 
Federal agencies; and 
(3) the Task Force and Invasive Species Coun-
cil. 
(b) IMPLEMENTATION.—The administering agencies 
shall enter into a memorandum of understanding regard-
ing the implementation of this Act, which shall include the 
coordination required by subsection (a). 
(c) COOPERATION.—In carrying out this Act, the ad-
ministering agencies shall contract, as appropriate, or oth-
erwise cooperate with academic researchers. 
(d) STRUCTURE.—To the extent practicable, the ad-
ministering agencies shall carry out this Act working with-
in the organizational structure of the Task Force and 
Invasive Species Council. 
SEC. 5. ECOLOGICAL AND PATHWAY RESEARCH. 
(a) IN GENERAL.—The administering agencies shall 
develop and conduct a marine and fresh-water research 
program which shall include ecological and pathway sur-
veys and experimentation to detect nonnative aquatic spe-
cies in aquatic ecosystems and to assess rates and patterns
of introductions of nonnative aquatic species in aquatic 
ecosystems. The goal of this marine and freshwater re-
search program shall be to support efforts to prevent the 
introduction of, detect, and eradicate invasive species 
through informing early detection and rapid response ef-
forts, informing relevant policy decisions, and assessing 
the effectiveness of implemented policies to prevent the in-
troduction and spread of aquatic invasive species. Surveys 
and experiments under this subsection shall be commenced 
not later than 18 months after the date of the enactment 
of this Act. 
(b) PROTOCOL DEVELOPMENT.—The administering 
agencies shall establish standardized protocols for con-
ducting ecological and pathway surveys of nonnative 
aquatic species under subsection (a) that are integrated 
and produce comparable data. Protocols shall, as prac-
ticable, be integrated with existing protocols and data col-
lection methods. In developing the protocols under this 
subsection, the administering agencies shall draw on the 
recommendations gathered at the workshop under sub-
section (g). The protocols shall be peer reviewed, and re-
vised as necessary. Protocols shall be completed within 1 
year after the date of the enactment of this Act.
(c) ECOLOGICAL AND PATHWAY SURVEY REQUIRE-
MENTS.—(1) Each ecological survey conducted under sub-
section (a) shall, at a minimum— 
(A) document baseline ecological information of 
the aquatic ecosystem including, to the extent prac-
ticable, a comprehensive inventory of native species, 
nonnative species, and species of unknown origin 
present in the ecosystem, as well as the chemical 
and physical characteristics of the water and under-
lying substrate; 
(B) for nonnative species, gather information to 
assist in identifying their life history, environmental 
requirements and tolerances, the historic range of 
their native ecosystems, and their history of spread-
ing from their native ecosystems; 
(C) track the establishment of nonnative species 
including information about the estimated abun-
dance of nonnative organisms in order to allow an 
analysis of the probable date of introduction of the 
species; and 
(D) identify the likely pathway of entry of non-
native species. 
(2) Each pathway survey conducted under this sec-
tion shall, at a minimum—
(A) identify what nonnative aquatic species are 
being introduced or may be introduced through the 
pathways under consideration; 
(B) determine the quantities of organisms being 
introduced through the pathways under consider-
ation; and 
(C) determine the practices that contributed to 
or could contribute to the introduction of nonnative 
aquatic species through the pathway under consider-
ation. 
(d) NUMBER AND LOCATION OF SURVEY SITES.— 
The administering agencies shall designate the number 
and location of survey sites necessary to carry out marine 
and freshwater research required under this section. In 
establishing sites under this subsection or subsection (e), 
emphasis shall be on the geographic diversity of sites, as 
well as the diversity of the human uses and biological char-
acteristics of sites. 
(e) COMPETITIVE GRANT PROGRAM.—The National 
Oceanic and Atmospheric Administration and the United 
States Geological Survey shall jointly administer a pro-
gram to award competitive, peer-reviewed grants to aca-
demic institutions, State agencies, and other appropriate 
groups, in order to assist in carrying out subsection (a), 
and shall include to the maximum extent practicable di-
verse institutions, including Historically Black Colleges 
and Universities and those serving large proportions of 
Hispanics, Native Americans, Asian-Pacific Americans, or 
other underrepresented populations. 
(f) 
SHIP
PATHWAY
SURVEYS.—Section 
1102(b)(2)(B)(ii) of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 
4712(b)(2)(B)(ii)) is amended to read as follows: 
‘‘(ii) examine other potential modes 
for the introduction of nonnative aquatic 
species by ship, including hull fouling.’’. 
(g) WORKSHOP.—In order to support the develop-
ment of the protocols and design for the surveys under 
subsections (b) and (c), and to determine how to obtain 
consistent, comparable data across a range of ecosystems, 
the administering agencies shall convene at least one 
workshop with appropriate researchers and representa-
tives involved in the management of aquatic invasive spe-
cies from Federal and State agencies and academic insti-
tutions to gather recommendations. The administering 
agencies shall make the results of the workshop widely 
available to the public. The workshop shall be held within 
180 days after the date of the enactment of this Act. 
(h) EXPERIMENTATION.—The administering agen-
cies shall conduct research to identify the relationship be-
tween the introduction and establishment of nonnative 
aquatic species, including those legally introduced, and the 
circumstances necessary for those species to become 
invasive. 
(i) NATIONAL PATHWAY AND ECOLOGICAL SURVEYS 
DATABASE.— 
(1) IN GENERAL.—The United States Geologi-
cal Survey shall develop, maintain, and update, in 
consultation and cooperation with the Smithsonian 
Institution (acting through the Smithsonian Envi-
ronmental Research Center), the National Oceanic 
and Atmospheric Administration, and the Task 
Force, a central, national database of information 
concerning information collected under this section. 
(2) REQUIREMENTS.—The database shall— 
(A) be widely available to the public; 
(B) be updated not less than once a quar-
ter; 
(C) be coordinated with existing databases, 
both domestic and foreign, collecting similar in-
formation; and 
(D) be, to the maximum extent practicable, 
formatted such that the data is useful for both 
researchers and Federal and State employees 
managing relevant invasive species programs.
SEC. 6. ANALYSIS. 
(a) INVASION ANALYSIS.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of the enactment of this Act, and every year 
thereafter, the administering agencies shall analyze 
data collected under section 5 and other relevant re-
search on the rates and patterns of invasions by 
aquatic invasive species in waters of the United 
States. The purpose of this analysis shall be to use 
the data collected under section 5 and other relevant 
research to support efforts to prevent the introduc-
tion of, detect, and eradicate invasive species 
through informing early detection and rapid re-
sponse efforts, informing relevant policy decisions, 
and assessing the effectiveness of implemented poli-
cies to prevent the introduction and spread of 
invasive species. 
(2) CONTENTS.—The analysis required under 
paragraph (1) shall include with respect to aquatic 
invasive species— 
(A) an analysis of pathways, including— 
(i) identifying, and characterizing as 
high, medium, or low risk, pathways re-
gionally and nationally; 
(ii) identifying new and expanding 
pathways;
(iii) identifying handling practices 
that contribute to the introduction of spe-
cies in pathways; and 
(iv) assessing the risk that species le-
gally introduced into the United States 
pose for introduction into aquatic eco-
systems; 
(B) patterns and rates of invasion and sus-
ceptibility to invasion of various bodies of 
water; 
(C) how the risk of establishment through 
a pathway is related to the identity and number 
of organisms transported; 
(D) rates of spread and numbers and types 
of pathways of spread of new populations of the 
aquatic invasive species and an estimation of 
the potential spread and distribution of newly 
introduced invasive species based on their envi-
ronmental requirements and historical distribu-
tion; 
(E) documentation of factors that influ-
ence an ecosystem’s vulnerability to a nonnative 
aquatic species becoming invasive;
(F) a description of the potential for, and 
impacts of, pathway management programs on 
invasion rates; 
(G) recommendations for improvements in 
the effectiveness of pathway management; 
(H) to the extent practical, a determina-
tion of the level of reduction in live organisms 
of various taxonomic groups required to reduce 
the risk of establishment to receiving aquatic 
ecosystems to an acceptable level; and 
(I) an evaluation of the effectiveness of 
management actions (including any standard) 
at preventing nonnative species introductions 
and establishment. 
(b) RESEARCH TO ASSESS THE POTENTIAL OF THE 
ESTABLISHMENT OF INTRODUCED SPECIES.—Within 2 
years after the date of the enactment of this Act, the ad-
ministering agencies shall develop a profile, based on the 
general characteristics of invasive species and vulnerable 
ecosystems, in order to predict, to the extent practical, 
whether a species planned for importation is likely to in-
vade a particular aquatic ecosystem if introduced. In de-
veloping the profile, the above agencies shall analyze the 
research conducted under section 5, and other research 
as necessary, to determine general species and ecosystem
characteristics (taking into account the opportunity for in-
troduction into any ecosystem) and circumstances that can 
lead to establishment. Based on the profile, the Task 
Force shall make recommendations to the Invasive Species 
Council as to what planned importations of nonnative 
aquatic organisms should be restricted. This profile shall 
be peer-reviewed. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for carrying out this sec-
tion and section 5 of this Act, and section 1102(b)(2) of 
the Nonindigenous Aquatic Nuisance Prevention and Con-
trol Act of 1990 (16 U.S.C. 4712(b)(2)) for each of the 
fiscal years 2006 through 2010— 
(1) $4,000,000 for the Smithsonian Environ-
mental Research Center; 
(2) $11,000,000 for the United States Geologi-
cal Survey (including activities through the Coopera-
tive Fish and Wildlife Research Program), of which 
$6,500,000 shall be for the grant program under 
section 5(e), and of which $500,000 shall be for de-
veloping, maintaining, and updating the database 
under section 5(i); and 
(3) $10,500,000 for the National Oceanic and 
Atmospheric Administration, of which $6,500,000 
shall be for the grant program under section 5(e).
SEC. 7. DISSEMINATION. 
(a) IN GENERAL.—The Invasive Species Council, in 
coordination with the Task Force and the administering 
agencies, shall be responsible for disseminating the infor-
mation collected under this Act to the public, including 
Federal, State, and local entities, relevant policymakers, 
and private researchers with responsibility over or interest 
in aquatic invasive species. 
(b) REPORT TO CONGRESS.—Not later than 3 years 
after the date of the enactment of this Act, the Invasive 
Species Council shall report actions and findings under 
section 6 to the Congress, and shall update this report 
once every 3 years thereafter, or more often as necessary. 
(c) RESPONSE STRATEGY.—The Invasive Species 
Council, in coordination with the Task Force, the admin-
istering agencies, and other appropriate Federal and State 
agencies, shall develop and implement a national strategy 
for how information collected under this Act will be shared 
with Federal, State, and local entities with responsibility 
for determining response to the introduction of potentially 
invasive aquatic species, to enable those entities to better 
and more rapidly respond to such introductions. 
(d) PATHWAY PRACTICES.—The Invasive Species 
Council, in coordination with the Task Force and the ad-
ministering agencies, shall disseminate information to, 
and develop an ongoing educational program for, pathway
users (including vendors and customers) on how their 
practices could be modified to prevent the intentional or 
unintentional introduction of nonnative aquatic species 
into aquatic ecosystems. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of the 
Interior for each of the fiscal years 2006 through 2010 
$500,000 for the Invasive Species Council for carrying out 
this section. 
SEC. 8. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, 
AND VERIFICATION. 
(a) ENVIRONMENTALLY SOUND TECHNOLOGY DE-
VELOPMENT, DEMONSTRATION, AND VERIFICATION.— 
(1) GRANT PROGRAM.—Not later than 1 year 
after the date of the enactment of this Act, the En-
vironmental Protection Agency, acting through the 
Office of Research and Development, in consultation 
with the Army Corps of Engineers, the admin-
istering agencies, and the Task Force, shall develop 
and begin administering a grant program to fund re-
search, development, demonstration, and verification 
of environmentally sound cost-effective technologies 
and methods to control and eradicate aquatic 
invasive species.
(2) PURPOSES.—Proposals funded under this 
subsection shall— 
(A) seek to support Federal, State, or local 
officials’ ongoing efforts to control and eradi-
cate aquatic invasive species in an environ-
mentally sound manner; 
(B) increase the number of environ-
mentally sound technologies or methods Fed-
eral, State, or local officials may use to control 
or eradicate aquatic invasive species; 
(C) provide for demonstration or dissemi-
nation of the technology or method to potential 
end-users; and 
(D) verify that any technology or method 
meets any appropriate criteria developed for ef-
fectiveness and environmental soundness by the 
Environmental Protection Agency. 
(3) PREFERENCE.—The Administrator of the 
Environmental Protection Agency shall give pref-
erence to proposals that will likely meet any appro-
priate criteria developed for environmental sound-
ness by the Environmental Protection Agency. 
(4) MERIT REVIEW.—Grants shall be awarded 
under this subsection through a competitive, peer-re-
viewed process.
(5) REPORT.—Not later than 3 years after the 
date of the enactment of this Act, the Administrator 
of the Environmental Protection Agency shall pre-
pare and submit a report to Congress on the pro-
gram conducted under this subsection. The report 
shall include findings and recommendations of the 
Administrator with regard to technologies and meth-
ods. 
(b) SHIP
PATHWAY
TECHNOLOGY
DEMONSTRA-
TION.— 
(1) REAUTHORIZATION OF PROGRAM.—Section 
1301(e) of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 
4741(e)) is amended by striking ‘‘$2,500,000’’ and 
inserting ‘‘$7,500,000 for each of the fiscal years 
2006 through 2010’’. 
(2) EXPANSION OF PROGRAM.—Section 1104(b) 
of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4714(b)) is 
amended— 
(A) by redesignating paragraphs (4) and 
(5) as paragraphs (5) and (6), respectively; and 
(B) by inserting after paragraph (3) the 
following new paragraph: