analysis of the program carried out under this sec-
tion.’’. 
SEC. 110. CONFORMING AMENDMENTS. 
(a) Section 1101(g) of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4711(g)) is amended by striking ‘‘under subsection (b) or 
(f)’’ each place it appears and inserting ‘‘under this sec-
tion’’. 
(b) Section 1102(c)(1) of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4712(c)(1)) is amended by striking ‘‘issued under section 
1101(b)’’ and inserting ‘‘promulgated under section 
1101(e)’’. 
(c) Section 1102(f)(1)(B) of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4712(f)(1)(B)) is amended by striking ‘‘guidelines 
issued pursuant to section 1101(c)’’ and inserting ‘‘regula-
tions promulgated under section 1101(e)’’. 
TITLE II—PREVENTION OF THE 
INTRODUCTION OF AQUATIC 
INVASIVE SPECIES BY OTHER 
PATHWAYS 
SEC. 201. PRIORITY PATHWAY MANAGEMENT PROGRAM. 
Subtitle C of title I of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4721 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM. 
‘‘(a) IDENTIFICATION
OF HIGH PRIORITY PATH-
WAYS.—Not later than 2 years after the date of enactment 
of the National Aquatic Invasive Species Act of 2005, and 
every 3 years thereafter, the Task Force, in coordination 
with the Invasive Species Council and in consultation with 
representatives of States, industry, and other interested 
parties, shall, based on pathway surveys and other avail-
able research relating to the rates of introductions in wa-
ters of the United States—
‘‘(1) identify those pathways that pose the high-
est risk for introductions of invasive species, both 
nationally and on a region-by-region basis unless 
further managed; 
‘‘(2) develop recommendations for management 
strategies for those high-risk pathways; 
‘‘(3) include in the report to the Congress re-
quired under section 1201(f)(2)(B) a description of 
the identifications, strategies, and recommendations; 
and 
‘‘(4) identify aquatic invasive species not yet in-
troduced into waters of the United States that are
likely to be introduced into waters of the United 
States unless preventative measures are taken. 
‘‘(b) MANAGEMENT
OF
HIGH
PRIORITY
PATH-
WAYS.—Not later than 3 years after the date of enactment 
of the National Aquatic Invasive Species Act of 2005, the 
Task Force or agencies of jurisdiction shall, to the max-
imum extent practicable, implement the strategies de-
scribed in subsection (a)(2).’’. 
SEC. 202. SCREENING PROCESS FOR PLANNED IMPORTA-
TIONS OF LIVE AQUATIC ORGANISMS. 
Subtitle B of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTA-
TIONS OF LIVE AQUATIC ORGANISMS. 
‘‘(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of the National Aquatic Invasive Spe-
cies Act of 2005, no live aquatic organism of a species 
not in trade shall be imported into the United States with-
out screening and approval in accordance with subsections 
(c) and (d). 
‘‘(b) GUIDELINES.—
‘‘(1) IN GENERAL.—Not later than 30 months 
after the date of enactment of the National Aquatic 
Invasive Species Act of 2005, in consultation with
regional panels convened under section 1203, States, 
tribes, and other stakeholders, the Invasive Species 
Council (in conjunction with the Task Force) shall 
issue guidelines for screening proposed planned im-
portations of live aquatic organisms into the United 
States, that include—
‘‘(A) guidelines for minimum information 
requirements for determinations under sub-
section (c); and 
‘‘(B) guidelines for a simplified notification 
procedure for any additional shipments of orga-
nisms that may occur after completion of an 
initial screening process and determination 
under subsection (c). 
‘‘(2) PURPOSE.—The purpose of the screening 
process shall be to prevent the introduction or estab-
lishment of aquatic invasive species in waters of the 
United States and contiguous waters of Canada and 
Mexico. 
‘‘(3) FACTORS.—In developing guidelines under 
this subsection and reviewing and revising the guide-
lines under subsection (j), the Invasive Species 
Council and the Task Force shall consider—
‘‘(A) the likelihood of the spread of species 
by human or natural means;
‘‘(B) species that may occur in association 
with the species planned for importation, in-
cluding pathogens, parasites, and free-living or-
ganisms; and 
‘‘(C) regional differences in probability of 
invasion and associated impacts. 
‘‘(c) CATEGORIES.—The screening process conducted 
pursuant to subsection (d) shall require the identification, 
to the maximum extent practicable, to the species level or, 
at least, to the genus level, of live aquatic organisms pro-
posed for importation and shall list—
‘‘(1) species with high or moderate probability 
of undesirable impacts to areas within the bound-
aries of the United States and contiguous areas of 
neighboring countries, to which the species is likely 
to spread; and 
‘‘(2) species on which there is insufficient infor-
mation to determine the risk category based on 
guidelines issued pursuant to subsection (b)(1)(B). 
‘‘(d) EVALUATION.—
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of promulgation of guidelines under 
subsection (b), in consultation with regional panels 
convened under section 1203, States, tribes, and 
other stakeholders, a Federal agency with authority
over an importation into the United States of a live 
organism of a species not in trade shall screen the 
species in accordance with guidelines promulgated 
under subsection (b). 
‘‘(2) DELEGATION
AND
AUTHORITY.—If no 
agency has authority described in paragraph (1) or 
an agency delegates the screening to the Director 
under subsection (h)—
‘‘(A) the Director shall screen the orga-
nisms in accordance with subsections (a) and 
(b); and 
‘‘(B) the Director may prohibit the impor-
tation of an organism of a species not in trade 
if the Director determines, based on evaluations 
consistent with the screening requirements pro-
mulgated under section (f), that the species has 
a high or moderate probability of undesirable 
impacts on areas within the boundaries of the 
United States and contiguous areas of neigh-
boring countries to which the species may 
spread. 
‘‘(3) MULTIPLE JURISDICTION.—If more than 1 
agency has jurisdiction over the importation of a live 
organism, the agencies shall conduct only 1 screen-
ing process as determined by a memorandum of un-
derstanding consistent with subsection (f), except 
that the Secretary of Agriculture, shall conduct 
screening of organisms imported to be cultured. 
‘‘(e) REQUIREMENTS.—A Federal agency of jurisdic-
tion, or the Director, shall—
‘‘(1) restrict or prohibit the importation into 
the United States from outside the United States of 
any species that is described in subsection (c)(1); 
‘‘(2) prohibit the importation of any species de-
scribed in subsection (c)(2), unless the importation 
is for the sole purpose of research that is conducted 
in accordance with section 1202(f)(2); and 
‘‘(3) make a determination under this sub-
section not later than 60 days after receiving a re-
quest for permission to import a live aquatic species. 
‘‘(f) MEMORANDUM OF UNDERSTANDING.—
‘‘(1) IN GENERAL.—The Director of the United 
States Fish and Wildlife Service shall enter into a 
Memorandum of Understanding with the heads of 
the agencies of jurisdiction regarding the screening 
requirements contained in this section. 
‘‘(2) CONTENTS.—The Memorandum of Under-
standing shall contain, at a minimum—
‘‘(A) a description of the relationship be-
tween and responsibilities of the agencies of ju-
risdiction, including a process designating a 
lead agency in cases in which multiple agencies 
may have jurisdiction over the screening of an 
aquatic species; 
‘‘(B) the process by which the Director will 
delegate screening duties to and receive delega-
tion from other agencies of jurisdiction; and 
‘‘(C) the process by which agencies of ju-
risdiction will coordinate and share information 
required for the screening process. 
‘‘(g) DELEGATION TO DIRECTOR.—Any agency with 
authority over the planned importation of a live aquatic 
organism may delegate to the Director the screening proc-
ess carried out under this section. 
‘‘(h) CATALOG OF SPECIES IN TRADE.—Not later 
than 1 year after the date of enactment of the National 
Aquatic Invasive Species Act of 2005, the Director of the 
United States Geological Survey and the Director of the 
Smithsonian Environmental Research Center, in coopera-
tion with agencies with jurisdiction over planned importa-
tions of live organisms, shall—
‘‘(1) develop and update as necessary a catalog 
of species in trade; and 
‘‘(2) include the list in the information provided 
to the public pursuant to section 1102(f).
‘‘(i) REVIEW AND REVISION.—
‘‘(1) IN GENERAL.—At least once every 3 years, 
the Council, in conjunction with the Task Force, 
shall use research on early detection and monitoring 
under section 1106, among other information 
sources, to review and revise the screening, guide-
lines, and process carried out under this section. 
‘‘(2) REPORT.—The Invasive Species Council 
shall include in its report to Congress required pur-
suant to section 1201(f)(2)(B)—
‘‘(A) an evaluation of the effectiveness of 
the screening processes carried out under this 
section; 
‘‘(B) an evaluation of the consistency of 
the application of the screening by agencies; 
and 
‘‘(C) recommendations for revisions of the 
processes. 
‘‘(j) PROHIBITIONS.—It shall be unlawful for any 
person subject to the jurisdiction of the United States to 
import an organism of a species described under sub-
section (c) or (d) or in violation of regulations promul-
gated under this section. 
‘‘(k) PENALTIES.—
‘‘(1) CIVIL PENALTIES.—Any person who vio-
lates subsection (j) shall be liable for a civil penalty 
in an amount not to exceed $50,000. 
‘‘(2) CRIMINAL PENALTIES.—Any person who 
knowingly violates subsection (j) is guilty of a class 
C felony. 
‘‘(l) FEES.—The head of any agency that has juris-
diction over a planned importation of a species subject to 
screening under this Act may increase the amount of any 
appropriate fee that is charged under an authority of law 
to offset the cost of any screening process carried out 
under this section. 
‘‘(m) INFORMATION.—A Federal agency conducting 
a screening process under this section shall make the re-
sults of the process available to the public (including inter-
national organizations). 
‘‘(n) REGULATIONS.—The Director may issue regula-
tions to implement this section. 
‘‘(o) APPLICABILITY: EFFECT ON OTHER LAWS.—
Nothing in this section shall be construed as repealing, 
superseding, or modifying any provision of Federal or 
state law.’’.
TITLE 
III—EARLY 
DETECTION; 
RAPID RESPONSE; CONTROL 
AND OUTREACH 
SEC. 301. EARLY DETECTION. 
Subtitle B of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711 et 
seq.) (as amended by section 202) is amended by adding 
at the end the following: 
‘‘SEC. 1106. EARLY DETECTION AND MONITORING. 
‘‘(a) EARLY DETECTION.—
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of the National Aquatic 
Invasive Species Act of 2005, in conjunction with 
the Council, the Task Force shall develop and pro-
mulgate a set of sampling protocols, a geographic 
plan, and budget to support a national system of ec-
ological surveys to rapidly detect recently established 
aquatic invasive species in waters of the United 
States. 
‘‘(2) CONTENTS.—The protocols, plan, and 
budget shall, at a minimum—
‘‘(A) address a diversity of aquatic eco-
systems of the United States (including inland 
and coastal waters);
‘‘(B) encourage State, local, port, and trib-
al participation in monitoring; 
‘‘(C) balance scientific rigor with practica-
bility, timeliness, and breadth of sampling activ-
ity; 
‘‘(D) consider the pathways and/or orga-
nisms identified under section 1210; 
‘‘(E) include a capacity to evaluate the im-
pacts of permitted importations screened by the 
processes established under section 1105; and 
‘‘(F) include clear lines of communication 
with appropriate Federal, State, and regional 
rapid response authorities. 
‘‘(3) IMPLEMENTATION.—Not later than 3 
years after the date of enactment of the National 
Aquatic Invasive Species Act of 2005, the Director 
of the United States Fish and Wildlife Service, the 
Administrator of the National Oceanic and Atmos-
pheric Administration, and the Administrator (in 
consultation with the Invasive Species Council and 
in coordination with other agencies) shall implement 
a national system of ecological surveys that is—
‘‘(A) carried out in cooperation with State, 
local, port, tribal authorities, and other non-
Federal entities (such as colleges and univer-
sities); and 
‘‘(B) based on the protocols, plan, and 
budget published under subsection (a)(1) and 
any public comment.’’. 
SEC. 302. RAPID RESPONSE. 
Subtitle C of title I of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4721 et seq.) is further amended by adding at the end 
the following: 
‘‘SEC. 1211. RAPID RESPONSE. 
‘‘(a) STATE RAPID RESPONSE CONTINGENCY STRAT-
EGIES.—
‘‘(1) EMERGENCY
FUNDS
FOR
RAPID
RE-
SPONSE.—A State that has in effect a rapid re-
sponse contingency strategy for invasive species in 
the State, including rapid assessment capabilities, 
that is approved under paragraph (2) shall be eligi-
ble to receive emergency funding to remain available 
until expended to implement rapid response meas-
ures for aquatic invasive species under the strategy, 
subject to renewal, as determined by the Secretary 
of the Interior and the Secretary in accordance with 
paragraph (2).
‘‘(2) APPROVAL OF RAPID RESPONSE CONTIN-
GENCY STRATEGIES.—The Task Force, in consulta-
tion with the Invasive Species Council, shall approve 
a State rapid response contingency strategy de-
scribed in paragraph (1) if the strategy—
‘‘(A) identifies all key governmental and 
nongovernmental partners to be involved in car-
rying out the strategy; 
‘‘(B) clearly designates the authorities and 
responsibilities of each partner, including the 
authority of any State or government of an In-
dian tribe to distribute emergency funds; 
‘‘(C) specifies criteria for rapid response 
measures, including a diagnostic system that—
‘‘(i) distinguishes cases in which rapid 
response has a likelihood of success and 
cases in which rapid response has no likeli-
hood of success; 
‘‘(ii) 
distinguishes 
rapid 
response 
measures from ongoing management and 
control of established populations of aquat-
ic invasive species; and 
‘‘(iii) distinguishes instances in which 
the rate and probability of organism dis-
persal is significantly altered by vessel 
movements; 
‘‘(D) includes an early detection strategy 
that supports or complements the early detec-
tion and monitoring system developed under 
section 1106; 
‘‘(E) provides for a monitoring capability 
to assess—
‘‘(i) the extent of infestations; and 
‘‘(ii) the effectiveness of rapid re-
sponse efforts; 
‘‘(F) to the maximum extent practicable, is 
integrated into the State aquatic invasive spe-
cies management plan approved under section 
1204; 
‘‘(G) to the maximum extent possible, does 
not use rapid response tools that do not meet 
environmental criteria developed under sub-
section (e)(4); 
‘‘(H) includes a public education and out-
reach component directed at—
‘‘(i) potential pathways for spread of 
aquatic invasive species; and
‘‘(ii) persons involved in industries 
and recreational activities associated with 
those pathways; and 
‘‘(I) to the extent that the strategy involves 
vessels, conforms with guidelines issued by the 
Secretary under subsection (c)(2). 
‘‘(b) REGIONAL RAPID RESPONSE CONTINGENCY 
STRATEGIES.—The Task Force, with the concurrence of 
the Invasive Species Council and in consultation with the 
regional panels of the Task Force established under sec-
tion 1203, shall encourage the development of regional 
rapid response contingency strategies that—
‘‘(1) provide a consistent and coordinated ap-
proach to rapid response; and 
‘‘(2) are approved by—
‘‘(A) the Secretary; and 
‘‘(B) the Governors and Indian tribes hav-
ing jurisdiction over areas within a region. 
‘‘(c) 
MODEL
RAPID
RESPONSE
CONTINGENCY 
STRATEGIES.—Not later than 18 months after the date 
of enactment of the National Aquatic Invasive Species Act 
of 2005—
‘‘(1) the Task Force, with the concurrence of 
the Invasive Species Council and the regional panels
of the Task Force established under section 1203, 
shall develop—
‘‘(A) a model State rapid response contin-
gency strategy for aquatic invasive species, in-
cluding rapid assessment capability, that in-
cludes, to the maximum extent practicable, the 
components listed under subparagraphs (A) 
through (H) of subsection (a)(2); and 
‘‘(B) a model regional rapid response con-
tingency strategy for aquatic invasive species; 
and 
‘‘(2) the Secretary, in concurrence with the 
Task Force and the regional panels, shall issue 
guidelines that describe vessel-related requirements 
that may be used in a rapid response contingency 
strategy, including specific requirements for strategy 
approved under this section. 
‘‘(d) COST SHARING.—
‘‘(1) STATE
RAPID
RESPONSE
CONTINGENCY 
STRATEGIES.—The Federal share of the cost of ac-
tivities carried out under a State rapid response con-
tingency strategy approved under subsection (a) 
shall be not less than 50 percent. 
‘‘(2) REGIONAL RAPID RESPONSE CONTINGENCY 
STRATEGIES.—The Federal share of the cost of ac-
tivities carried out under a regional rapid response 
contingency strategy approved under subsection (b) 
shall be not less than 75 percent. 
‘‘(3) IN-KIND CONTRIBUTIONS.—States or re-
gions that receive Federal funds for rapid response 
activities may provide matching funds in the form of 
in-kind contributions. 
‘‘(e) FEDERAL RAPID RESPONSE TEAMS.—
‘‘(1) ESTABLISHMENT
OF
TEAMS.—Not later 
than 1 year after the date of enactment of the Na-
tional Aquatic Invasive Species Act of 2005, the 
Invasive Species Council, in coordination with the 
Task Force and the heads of appropriate Federal 
agencies, shall establish a Federal rapid response 
team for each of the 10 Federal regions that com-
prise the Standard Federal Regional Boundary Sys-
tem. 
‘‘(2) DUTIES OF TEAMS.—Each Federal rapid 
response team shall, at a minimum—
‘‘(A) implement rapid eradication or con-
trol responses for newly detected aquatic 
invasive species on Federal and tribal land; 
‘‘(B) carry out, or assist in carrying out, 
rapid responses for newly detected aquatic 
invasive species on non-Federal land at the re-
quest of a State, Indian tribe, or group of 
States or Indian tribes; 
‘‘(C) provide training and expertise for 
State, tribal, or regional rapid responders; 
‘‘(D) provide central sources of informa-
tion for rapid responders; 
‘‘(E) maintain a list of researchers and 
rapid response volunteers; and 
‘‘(F) in carrying out any rapid response 
activity with respect to an aquatic noxious weed 
listed under section 412(f) of the Plant Protec-
tion Act (7 U.S.C. 7712(f)), include representa-
tives of the Animal and Plant Health Inspection 
Service. 
‘‘(3) CRITERIA
FOR
IDENTIFYING
CASES
OF 
RAPID
RESPONSE
WARRANTING
FEDERAL
ASSIST-
ANCE.—Not later than 1 year after the date of en-
actment of the National Aquatic Invasive Species 
Act of 2005, the Task Force, with the concurrence 
of the Invasive Species Council, shall develop criteria 
to identify cases of rapid response warranting Fed-
eral assistance under this subsection, including cri-
teria relating to, at a minimum—
‘‘(A) the extent to which infestations of 
aquatic invasive species may be managed suc-
cessfully by rapid response; 
‘‘(B) the extent to which rapid response ef-
forts may differ from ongoing management and 
control; and 
‘‘(C) the extent to which infestations of 
nonindigenous aquatic invasive species are con-
sidered to be an acute or chronic threat to—
‘‘(i) biodiversity of native fish and 
wildlife; 
‘‘(ii) habitats of native fish and wild-
life; or 
‘‘(iii) human health. 
‘‘(4) ENVIRONMENTAL
CRITERIA.—Not later 
than 1 year after the date of enactment of the Na-
tional Aquatic Invasive Species Act of 2005, the Ad-
ministrator, in consultation with the Invasive Spe-
cies Council, the Secretary of Transportation, the 
Task Force (including regional panels of the Task 
Force established under section 1203), the Director, 
and the Director of the National Marine Fisheries 
Service, shall develop environmental criteria to mini-
mize nontarget environmental impacts of rapid re-
sponses carried out pursuant to this section.’’.
SEC. 303. DISPERSAL BARRIERS. 
Section 1202 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4722) is 
amended—
(1) by redesignating subsections (j) and (k) as 
subsections (l) and (m), respectively; and 
(2) by inserting after subsection (i) the fol-
lowing: 
‘‘(j) NATIONAL DISPERSAL BARRIER PROGRAM.—
‘‘(1) CHICAGO
RIVER
SHIP
AND
SANITARY 
CANAL DISPERSAL BARRIER PROJECT.—
‘‘(A) IN
GENERAL.—The Assistant Sec-
retary, with the concurrence of the Adminis-
trator, shall complete construction of, operate, 
and maintain, the Chicago River Ship and Sani-
tary Canal dispersal barrier project. 
‘‘(B) CONSULTATION.—Subparagraph (A) 
shall be carried out in consultation with the ap-
propriate Federal, State, local, and other non-
governmental entities. 
‘‘(C) CONSTRUCTION.—The completed bar-
rier project shall include additions to the dis-
persal barrier in existence on the date of enact-
ment of the National Aquatic Species Act of 
2005, including—
‘‘(i) backup power;
‘‘(ii) a research vessel launching 
crane; 
‘‘(iii) replacement electrodes; 
‘‘(iv) other barrier elements, as avail-
able and appropriate; 
‘‘(v) an acoustic monitoring system; 
‘‘(vi) an emergency egress system; and 
‘‘(vii) a second long-service life dis-
persal barrier. 
‘‘(D) FEASIBILITY
STUDY
OF
CHICAGO 
RIVER SHIP AND SANITARY CANAL.—
‘‘(i) IN GENERAL.—Not later than 3 
years after the date of enactment of the 
National Aquatic Invasive Species Act of 
2005, the Assistant Secretary, in consulta-
tion with appropriate Federal, State, local, 
and nongovernmental entities, shall con-
duct a feasibility study of the full range of 
options available to prevent the spread of 
aquatic species through the Chicago River 
Ship and Sanitary dispersal barrier. 
‘‘(ii) MATTERS TO BE STUDIED.—The 
study shall—
‘‘(I) 
provide 
recommendations 
concerning additional and long-term
measures necessary to improve the 
performance of the Chicago River 
Ship and Sanitary Canal dispersal 
barrier; and 
‘‘(II) examine methods and meas-
ures necessary to achieve, to the max-
imum extent practicable, 100-percent 
efficacy of the barrier with respect to 
aquatic invasive species of fish and 
maximum efficacy of the barrier with 
respect to other taxa of aquatic 
invasive species. 
‘‘(2) MONITORING PROGRAM.—
‘‘(A) ESTABLISHMENT.—Not later than 1 
year after the date of enactment of the Na-
tional Aquatic Invasive Species Act of 2005, the 
Secretary of the Interior shall establish an 
interbasin and intrabasin monitoring program. 
‘‘(B) REQUIRED
ELEMENTS.—The moni-
toring program shall—
‘‘(i) track aquatic invasive species 
moving through the Chicago River Ship 
and Sanitary Canal, the Lake Champlain 
Canal, other interbasin waterways, and
major river systems as recommended by re-
gional panels convened under section 1203; 
‘‘(ii) assess the efficacy of dispersal 
barriers and other measures in preventing 
the spread of aquatic invasive species 
through the waterways; and 
‘‘(iii) identify waterways suitable for 
dispersal barrier demonstration projects, in 
addition to the waterways at which dis-
persal barrier demonstration projects were 
carried out before the date of enactment of 
the National Aquatic Invasive Species Act 
of 2005. 
‘‘(C) REPORTS.—The Secretary of the In-
terior shall issue biennial reports on the find-
ings of the monitoring program. 
‘‘(3) PREVENTION AND MITIGATION PLANS FOR 
ARMY CORPS OF ENGINEERS PROJECTS.—In devel-
oping projects involving interbasin waterways or 
other hydrologic alternations that could create path-
ways for aquatic invasive species, the Assistant Sec-
retary shall develop adequate prevention and mitiga-
tion plans for controlling the dispersal of aquatic 
invasive species.
‘‘(4) 
TECHNICAL
ASSISTANCE.—The 
Great 
Lakes Environmental Research Laboratory of the 
National Oceanic and Atmospheric Administration 
shall provide technical assistance to appropriate enti-
ties to assist in the research conducted under this 
subsection. 
‘‘(5) REPORTS.—Not later than 3 years after 
the date of enactment of the National Aquatic 
Invasive Species Act of 2005, the Assistant Sec-
retary and the Director shall jointly submit to the 
Congress a report that describes—
‘‘(A) the efficacy of the Chicago River Ship 
and Sanitary Canal dispersal barrier project; 
and 
‘‘(B) a plan to provide for additional dis-
persal barrier demonstration projects and fur-
ther research needs. 
‘‘(6) ADDITIONAL WATERWAYS.—The Assistant 
Secretary, with the concurrence of the Adminis-
trator, and other relevant Federal agencies, shall—
‘‘(A) identify additional waterways suitable 
for the construction of new dispersal barriers 
(based on the monitoring program established 
under paragraph (2)); and
‘‘(B) construct, maintain, and operate such 
dispersal barriers as necessary.’’. 
SEC. 304. ENVIRONMENTAL SOUNDNESS. 
Section 1202 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4722) is 
further amended by inserting after subsection (j) the fol-
lowing: 
‘‘(k) IMPROVEMENT OF TREATMENT METHODS FOR 
AQUATIC INVASIVE SPECIES.—
‘‘(1) CRITERIA TO EVALUATE ENVIRONMENTAL 
SOUNDNESS OF TREATMENT METHODS.—
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of the National 
Aquatic Invasive Species Act of 2005, the Ad-
ministrator, in consultation and cooperation 
with the Secretary, the Invasive Species Coun-
cil, and the Task Force (including any regional 
panels of the Task Force) shall promulgate cri-
teria to evaluate the treatment methods de-
scribed in subparagraph (B) for the purpose of 
ensuring that the treatment methods pose no 
significant threat of adverse effect on human 
health, public safety, or the environment (in-
cluding air quality and the aquatic environ-