I
104TH CONGRESS
2D SESSION
H. R. 4283
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.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 28, 1996
Mr. LATOURETTE introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Resources, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
SEPTEMBER 28, 1996
The Committees on Transportation and Infrastructure and Resources
discharged; considered and passed
A BILL
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) IN GENERAL.—This Act may be cited as the ‘‘Na-
tional Invasive Species Act of 1996’’.
(b) REFERENCES.—Whenever in this Act an amend-
ment 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 provi-
sion 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 favor-
able, nonindigenous 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 intro-
duced into the Great Lakes and has infested—
‘‘(A) waters south of the Great Lakes, into
a good portion of the Mississippi River drain-
age;
‘‘(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 non-
indigenous species’’ after ‘‘other species’’;
and
(ii) by striking ‘‘and’’ at the end;
(C) in paragraph (5), by striking the pe-
riod and inserting a semicolon; and
(D) by adding at the end the following new
paragraphs:
‘‘(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 re-
cipient of foreign ballast water on the East Coast,
there is a risk of further invasions of other non-
indigenous species;
‘‘(9) the zebra mussel is only one example of
thousands of nonindigenous species that have be-
come 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 popu-
lations of other species of fish in Duluth Har-
bor (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 caus-
ing 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 wa-
ters of the Atlantic Ocean;
‘‘(C) the brown mussel (Perna perna) that
has become established along the Gulf of Mex-
ico; and
‘‘(D) certain shellfish pathogens;
‘‘(12) many aquatic nuisance vegetation species,
such as Eurasian watermilfoil, hydrilla, water hya-
cinth, 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 uninten-
tionally introduced nonindigenous aquatic species in
a timely manner, further introductions and infesta-
tions of species that are as destructive as, or more
destructive than, the zebra mussel or the ruffe infes-
tations 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 participa-
tion and cooperation of the Federal Government and
State governments, and investment in the develop-
ment of prevention technologies.’’.
(2) DEFINITIONS.—Section 1003 (16 U.S.C.
4702) is amended—
(A) by striking paragraph (1) and redesig-
nating paragraphs (2) through (8) as para-
graphs (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 para-
graph, 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 commu-
nity, including any Alaska Native village or regional
corporation (as defined in or established 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 Unit-
ed States to Indians because of their status as Indi-
ans;
‘‘(10) ‘interstate organization’ means an en-
tity—
‘‘(A) established by—
‘‘(i) an interstate compact that is ap-
proved by Congress;
‘‘(ii) a Federal statute; or
‘‘(iii) a treaty or other internation-
al 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 sub-
divisions thereof; and
‘‘(II) 1 or more Indian tribes; or
‘‘(iii) that represents the Federal Govern-
ment and 1 or more foreign governments; and
‘‘(C) has jurisdiction over, serves as forum
for coordinating, or otherwise has a role or re-
sponsibility for the management of, any land or
other natural resource;’’.
(b) AQUATIC NUISANCE SPECIES CONTROL PRO-
GRAM.—
(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 Unin-
tentional Introductions of Non-
indigenous Aquatic Species’’.
(2) 
AQUATIC
NUISANCE
SPECIES.—Section
1101 (16 U.S.C. 4711) is amended to read as fol-
lows:
‘‘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 Sec-
retary shall issue voluntary guidelines to prevent the
introduction and spread of aquatic nuisance species
into the Great Lakes through the exchange of bal-
last water of vessels prior to entering those waters.
‘‘(2) CONTENT
OF
GUIDELINES.—The guide-
lines issued under this subsection shall—
‘‘(A) ensure to the maximum extent prac-
ticable 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 ves-
sel operating conditions; and
‘‘(D) be based on the best scientific infor-
mation available.
‘‘(b) REGULATIONS.—
‘‘(1) IN
GENERAL.—Not later than 2 years
after the date of enactment of this Act, the Sec-
retary, in consultation with the Task Force, shall
issue regulations to prevent the introduction and
spread of aquatic nuisance species into the Great
Lakes through the ballast water of vessels.
‘‘(2) CONTENT OF REGULATIONS.—The regula-
tions issued under this subsection shall—
‘‘(A) apply to all vessels equipped with bal-
last water tanks that enter a United States port
on the Great Lakes after operating on the wa-
ters 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 alter-
native ballast water management methods
if the Secretary determines that such alter-
native methods are as effective as ballast
water exchange in preventing and control-
ling infestations of aquatic nuisance spe-
cies;
‘‘(C) not affect or supersede any require-
ments or prohibitions pertaining to the dis-
charge of ballast water into waters of the
United States under the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.);
‘‘(D) provide for sampling procedures to
monitor compliance 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;
‘‘(G) take into consideration different oper-
ating conditions; and
‘‘(H) be based on the best scientific infor-
mation 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 regula-
tions 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 meas-
ures to promote compliance with the regulations is-
sued under this subsection.
‘‘(c) VOLUNTARY NATIONAL GUIDELINES.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of enactment of the National Invasive Spe-
cies Act of 1996, and after providing notice and an
opportunity for public comment, the Secretary shall
issue voluntary guidelines to prevent the introduc-
tion 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 prac-
ticable that aquatic nuisance species are not
discharged into waters of the United States
from vessels;
‘‘(B) apply to all vessels equipped with bal-
last 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 op-
erating 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 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 at least as effective as ballast
water exchange in preventing and control-
ling infestations of aquatic nuisance spe-
cies;
‘‘(E) direct vessels to carry out manage-
ment practices that the Secretary determines to
be necessary to reduce the probability of unin-
tentional nonindigenous species transfer result-
ing from—
‘‘(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 pre-
scribed 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 sub-
section (i), in order to enable the Secretary to
determine compliance with the guidelines, in-
cluding—
‘‘(i) with respect to each ballast water
exchange referred to in clause (ii), report-
ing on the precise location and thorough-
ness of the exchange; and
‘‘(ii) any other information that the
Secretary considers necessary to assess the
rate of effective compliance with the guide-
lines;
‘‘(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 bod-
ies;
‘‘(iii) variations in the ecological con-
ditions of waters and coastal areas of the
United States; and
‘‘(iv) different operating conditions;
‘‘(I) be based on the best scientific infor-
mation available;
‘‘(J) not affect or supersede any require-
ments 
or 
prohibitions 
pertaining 
to 
the
discharge of ballast water into waters of the
United States under the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.); and
‘‘(K) provide an exemption from ballast
water exchange requirements to passenger ves-
sels with operating ballast water systems that
are equipped with treatment systems designed
to kill aquatic organisms in ballast water, un-
less the Secretary determines that such treat-
ment systems are less effective than ballast
water exchange at reducing the risk of transfers
of invasive species in the ballast water of pas-
senger vessels; and
‘‘(L) not apply to crude oil tankers en-
gaged 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 Con-
gress a report containing the information required pursu-
ant to paragraphs (1) and (2) of subsection (e).
‘‘(e) PERIODIC REVIEW AND REVISION.—
‘‘(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 vol-
untary guidelines and regulations referred to in
subparagraph (A) in reducing the introduction
and spread of aquatic nuisance species by ves-
sels; and
‘‘(D) as necessary, on the basis of the best
scientific information available—
‘‘(i) revise the guidelines and regula-
tions 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 re-
quest to the Secretary for a special review and revi-
sion for coastal and inland waterways designated by
the Task Force, the Secretary shall—
‘‘(A) conduct a special review of guidelines
and regulations 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 de-
termining the adequacy and effectiveness of the vol-
untary 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 sub-
section (e)(2), the Secretary determines that—
‘‘(A) the rate of effective compliance (as
determined by the Secretary) with the guide-
lines issued pursuant to subsection (c) is inad-
equate; or
‘‘(B) the reporting by vessels pursuant to
those guidelines is not adequate for the Sec-
retary 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—
‘‘(i) not be promulgated sooner than
180 days following the issuance of the re-
port to Congress submitted pursuant to
subsection (d);
‘‘(ii) make mandatory the require-
ments included in the voluntary guidelines
issued under subsection (c); and
‘‘(iii) provide for the enforcement of
the regulations; and
‘‘(B) may be regional in scope.
‘‘(3) INTERNATIONAL REGULATIONS.—The Sec-
retary shall revise regulations promulgated under
this subsection to the extent required to make such
regulations consistent with the treatment of a par-
ticular matter in any international agreement,
agreed to by the United States, governing manage-
ment of the transfer of nonindigenous aquatic spe-
cies by vessel.
‘‘(g) SANCTIONS.—
‘‘(1) CIVIL PENALTIES.—Any person who vio-
lates a regulation 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 vio-
lation constitutes a separate violation. A vessel oper-
ated 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 fel-
ony.
‘‘(3) REVOCATION OF CLEARANCE.—Upon re-
quest of the Secretary, the Secretary of the Treasury
shall withhold or revoke the clearance of a vessel re-
quired 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 sub-
section does not apply to a failure to exchange bal-
last water if—
‘‘(A) the master of a vessel, acting in good
faith, decides that the exchange of ballast water
will threaten the safety or stability of the vessel,
its crew, or its passengers; and
‘‘(B) the recordkeeping and reporting re-
quirements of the Act are complied with.
‘‘(h) COORDINATION WITH OTHER AGENCIES.—In
carrying out the programs under this section, the Sec-
retary is encouraged to use, to the maximum extent prac-
ticable, 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 Agri-
culture, 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 regulations promulgated under this
section, the Secretary is encouraged to consult with the
Government of Canada, the Government of Mexico, and
any other government of a foreign country that the Sec-
retary, in consultation with the Task Force, determines
to be necessary to develop and implement an effective
international program for preventing the unintentional in-
troduction and spread of nonindigenous species.
‘‘(j) 
INTERNATIONAL
COOPERATION.—The 
Sec-
retary, in cooperation with the International Maritime Or-
ganization of the United Nations and the Commission on
Environmental Cooperation established 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 intro-
duction and spread of nonindigenous species.
‘‘(k) SAFETY EXEMPTION.—
‘‘(1) MASTER DISCRETION.—The master of a
vessel is not required to conduct a ballast water ex-
change if the master decides that the exchange
would threaten the safety or stability of the vessel,
its crew, or its passengers because of adverse weath-
er, vessel architectural design, equipment failure, or
any other extraordinary conditions.
‘‘(2) OTHER
REQUIREMENTS.—(A) IN
GEN-
ERAL.—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 sub-
section (b).
‘‘(3) CRUDE
OIL
TANKER
BALLAST
FACILITY
STUDY.—(A) Within 60 days of the date of enact-
ment of this Act, the Secretary of the department in
which the Coast Guard is operating, in consultation
with the Under Secretary of Commerce for Oceans
and Atmosphere, affected shoreside ballast water fa-
cility operators, affected crude oil tanker operators,
and interested parties, shall initiate a study of the
effectiveness of existing shoreside ballast water fa-
cilities 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 modify-
ing 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 en-
sure that vessels registered outside of the United States
do not receive more favorable treatment than vessels reg-
istered in the United States when the Secretary performs
studies, reviews compliance, determines effectiveness, es-
tablishes requirements, or performs any other responsibil-
ities under this Act.’’.
(c) NATIONAL BALLAST WATER MANAGEMENT IN-
FORMATION.—Section 1102 (16 U.S.C. 4712) is amend-
ed—
(1) by striking the section heading and insert-
ing the following:
‘‘SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT IN-
FORMATION.’’;
(2) in subsection (a)—
(A) in paragraphs (1) and (2), by inserting
‘‘, in cooperation 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.—
‘‘(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 signifi-
cance and other waters that the Task Force de-
termines—
‘‘(i) to be highly susceptible to inva-
sion by aquatic nuisance species resulting
from ballast water operations 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 pat-
terns of invasions of aquatic nuisance spe-
cies; and
‘‘(ii) provide an estimate of the effec-
tiveness of ballast water management and
other vessel management guidelines issued
and regulations promulgated under this
subtitle in abating invasions of aquatic nui-
sance species in the waters that are the
subject of the survey.
‘‘(2) BALLAST WATER DISCHARGE SURVEYS.—
‘‘(A) IN GENERAL.—The Secretary, in co-
operation 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 vol-
untary guidelines issued, and regulations
promulgated, under this subtitle in altering
ballast water discharge practices to reduce
the probability of accidental introductions
of aquatic nuisance species.
‘‘(3) COLUMBIA RIVER.—The Secretary, in co-
operation with the Task Force and academic institu-
tions in each of the States affected, shall conduct an
ecological and ballast water discharge survey of the
Columbia River system consistent with the require-
ments of paragraphs (1) and (2).’’; and
(4) by adding at the end the following new sub-
sections:
‘‘(e) 
REGIONAL
RESEARCH
GRANTS.—Out 
of
amounts appropriated to carry out this subsection for a
fiscal year, the Under Secretary shall 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 re-
view, to universities and research institutions;
‘‘(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 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 institutions; 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 competitively awarded and
subject to peer review, to universities and research
institutions.
‘‘(f) NATIONAL BALLAST INFORMATION CLEARING-
HOUSE.—
‘‘(1) IN GENERAL.—The Secretary shall develop
and maintain, in consultation and cooperation with
the Task Force and the Smithsonian Institution
(acting through the Smithsonian Environmental Re-
search Center), a clearinghouse of national data con-
cerning—
‘‘(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 Institu-
tion (acting through the Smithsonian Environmental
Research Center), the Secretary shall prepare and
submit to the Task Force and the Congress, on a bi-
annual basis, a report that synthesizes and analyzes
the data referred to in paragraph (1) relating to—
‘‘(A) ballast water delivery and manage-
ment; and
‘‘(B) invasions of aquatic nuisance species
resulting from ballast water.’’.
(d) ARMED SERVICES BALLAST WATER PROGRAM;
BALLAST WATER MANAGEMENT DEMONSTRATION PRO-
GRAM.—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 con-
‘‘(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 pe-
riod beginning on the date that funds are made
available by appropriations pursuant to section
1301(e), the Secretary of the Interior and the Sec-
retary of Commerce, with the concurrence of and in
cooperation with the Secretary, shall conduct a bal-
last water management demonstration program to
demonstrate technologies 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 con-
struction 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 sub-
section, the Secretary of the Interior and the Sec-
retary of Commerce, shall—
‘‘(A) use only vessels that—
‘‘(i) are approved by the Secretary;
‘‘(ii) have ballast water systems con-
ducive to testing aboard-vessel or land-
based technologies and practices applicable
to a significant number of merchant ves-
sels; 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 ma-
jority 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.
‘‘(4) SELECTION OF TECHNOLOGIES AND PRAC-
TICES.—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 prac-
tices identified as promising by the National Re-
search Council Marine Board of the National Acad-
emy 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 demonstration pro-
gram conducted pursuant to this section. The report
shall include findings and recommendations of the
Secretary of the Interior and the Secretary of Com-
merce concerning technologies and practices.
‘‘(c) AUTHORITIES; CONSULTATION AND COOPERA-
TION WITH INTERNATIONAL MARITIME ORGANIZATION
AND TASK FORCE.—
‘‘(1) AUTHORITIES.—In conducting the dem-
onstration program under subsection (b), the Sec-
retary of the Interior may—
‘‘(A) enter into cooperative agreements
with appropriate officials of other agencies of
the Federal Government, agencies of States and
political subdivisions thereof, and private enti-
ties;
‘‘(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 sub-
title C (16 U.S.C. 4721 et seq.) is amended to read
as follows:
‘‘Subtitle C—Prevention and Con-
trol 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 Program,’’ 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)—
(i) in paragraph (1)—
(I) by striking ‘‘(1) IN
GEN-
ERAL.—The Task Force’’ and insert-
ing 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) develop-
ment’’ 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 DEVEL-
OPMENT.—’’ and inserting the following:
‘‘(B) PUBLIC
FACILITY
RESEARCH
AND
DEVELOPMENT.—’’;
(iii) in subparagraph (B) of para-
graph (1), as so redesignated, by striking
the first sentence and inserting the follow-
ing: ‘‘The Assistant Secretary, in consulta-
tion with the Task Force, shall develop a
program of research, technology develop-
ment, and demonstration for the environ-
mentally 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 subparagraph:
‘‘(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 boat-
ing and fishing. Not later than 4 months after
the date of such submission, and after provid-
ing notice and an opportunity for public com-
ment, the Secretary shall issue voluntary guide-
lines 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 Environmental Protection Agency, in co-
operation 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 de-
veloped pursuant to subsection (f)(2).
‘‘(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to the Environmental Protection Agency
to carry out this paragraph, $500,000.
‘‘(3) DISPERSAL BARRIER DEMONSTRATION.—
‘‘(A) IN
GENERAL.—The Assistant Sec-
retary, in consultation with the Task Force,
shall investigate and identify environmentally
‘‘(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated 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 Environmental Research Laboratory of the
National Oceanic and Atmospheric Administration
shall provide technical assistance to appropriate enti-
ties 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 enact-
ment 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 in-
serting 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 in-
serting the following:
‘‘(A) identify’’;
(iii) by striking ‘‘(2) make’’ and in-
serting the following:
‘‘(B) make’’;
(iv) by striking ‘‘(3) assist’’ and in-
serting the following:
‘‘(C) assist’’;
(v) by striking ‘‘(4) coordinate’’ and
inserting the following:
‘‘(D) coordinate’’;
(vi) by striking ‘‘(5) provide’’ and in-
serting the following:
‘‘(E) provide’’;
(vii) by striking ‘‘(6) submit’’ and in-
serting the following:
‘‘(F) submit’’;
(viii) in paragraph (1), as so redesig-
nated—
(I) in the matter preceding sub-
paragraph (A), by inserting ‘‘region’’
before ‘‘representatives’’; and
(II) 
in 
subparagraphs 
(A)
through (F), by striking ‘‘Great
Lakes’’ each place it appears and in-
serting ‘‘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 PARTICIPA-
TION.—The panel’’ and inserting the following:
‘‘(3) CANADIAN PARTICIPATION.—The panel’’;
(E) in paragraphs (2) and (3) of sub-
section (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, comprised 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 in-
spection), prevention, and control program to pre-
vent 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 re-
gion;
‘‘(5) provide advice to public and private indi-
viduals and entities concerning methods of prevent-
ing and controlling aquatic nuisance species infesta-
tions; and
‘‘(6) submit annually a report to the Task
Force describing activities within the Western region
related to aquatic nuisance species prevention, re-
search, and control.
‘‘(c) ADDITIONAL REGIONAL PANELS.—The Task
Force shall—
‘‘(1) encourage the development and use of re-
gional panels and other similar entities in regions in
addition to the Great Lakes and Western regions
(including providing financial assistance for the de-
velopment 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 designa-
tion and heading and inserting the follow-
ing:
‘‘(a) STATE
OR INTERSTATE INVASIVE SPECIES
MANAGEMENT PLANS.—’’;
(ii) in paragraph (1)—
(I) by striking the matter preced-
ing subparagraph (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 Gov-
ernors of the States and the governments of the In-
dian tribes involved in an interstate organization,
may jointly prepare and submit—’’;
(II) in subparagraph (A), by
striking ‘‘technical and financial as-
sistance’’ and inserting ‘‘technical, en-
forcement, or financial assistance (or
any combination thereof)’’; and
(III) in subparagraphs (A) and
(B), by inserting ‘‘or within the inter-
state 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 sub-
paragraph;
(II) by redesignating subpara-
graph (C) as subparagraph (D);
(III) by inserting after subpara-
graph (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 In-
dian tribe involved in the interstate organiza-
tion) 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 ena-
bling legislation’’ before the period;
(iv) in paragraph (3)—
(I) in subparagraph (A)—
(aa) by inserting ‘‘or inter-
state organization’’ after ‘‘the
State’’; and
(bb) by inserting ‘‘Indian
tribes,’’ after ‘‘local governments
and regional entities,’’; and
(II) in subparagraph (B), by in-
serting ‘‘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 Sec-
retary, as appropriate under subsection
(a),’’; and
(ii) by striking ‘‘approved manage-
ment plans’’ and inserting ‘‘management
plans approved under subsection (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 Sec-
retary, 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 spe-
cies 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 para-
graph (2);
(B) by striking paragraph (3) and insert-
ing 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 Inte-
rior, to be used by the Director to carry out sections
1202 and 1209;
‘‘(2) $1,000,000 to the Department of Com-
merce, 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 nui-
sance species prevention and control research under
section 1202(i) at the Great Lakes Environmental
Research Laboratory of the National Oceanic and
Atmospheric Administration, of which $500,000
shall be made available for grants, to be competi-
tively awarded and subject to peer review, for re-
search relating to Lake Champlain;