tion shall be liable for a civil penalty in an 
amount not to exceed $50,000. 
‘‘(B) SEPARATE
VIOLATIONS.—Each day 
of a continuing violation constitutes a separate 
violation. 
‘‘(C) LIABILITY OF VESSELS.—A vessel op-
erated in violation of a regulation promulgated 
under this Act shall be liable in rem for any 
civil penalty assessed under this subsection for 
that violation. 
‘‘(2) CRIMINAL PENALTIES.—Any person that 
knowingly violates the regulations promulgated 
under subsection (b) is guilty of a class C felony. 
‘‘(3) REVOCATION OF CLEARANCE.—On request 
of the Secretary, the Secretary of the Treasury shall 
withhold or revoke the clearance of a vessel required 
by section 4197 of the Revised Statutes (46 App. 
U.S.C. 91), if the owner or operator of that vessel 
is in violation of the regulations promulgated under 
subsection (b). 
‘‘(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 
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will threaten the safety or stability of the vessel 
or the crew or passengers of the vessel; and 
‘‘(B) the vessel complies with— 
‘‘(i) recordkeeping requirements of 
this title; 
‘‘(ii) contingency requirements of sec-
tion 1211; and 
‘‘(iii) reporting requirements of this 
title.’’. 
SEC. 109. PROGRAM COORDINATION. 
Section 1101 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 1101) is 
further amended by striking subsections (h), (i), and (j) 
and inserting the following: 
‘‘(h) COORDINATION WITH OTHER AGENCIES.—The 
Secretary is encouraged to use (with consent) the exper-
tise, facilities, members, or personnel of, appropriate Fed-
eral and State agencies and organizations that have rou-
tine contact with vessels, as determined by the Secretary. 
‘‘(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-
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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.’’. 
SEC. 110. VESSEL SAFETY. 
Section 1101(k) of the Nonindigenous Aquatic Nui-
sance Prevention and Control Act of 1990 (16 U.S.C. 
1101(k)) is amended to read as follows: 
‘‘(k) SAFETY EXEMPTION.— 
‘‘(1) MASTER DISCRETION.—The Master of a 
vessel is not required to conduct a ballast water ex-
change if the Master determines that the exchange 
would threaten the safety or stability of the vessel, 
or the crew or passengers of the vessel, because of 
adverse weather, vessel architectural design, equip-
ment failure, or any other extraordinary conditions. 
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‘‘(2) OTHER
REQUIREMENTS.—A vessel that 
does not exchange ballast water on the high seas 
under paragraph (1) shall not discharge ballast 
water in any harbor, except in accordance with a 
contingency strategy approved by the Secretary (and 
included in the invasive species management plan of 
the vessel) to reduce the risk of organism transfer 
by the discharge (using the best practicable tech-
nology and practices pursuant to regulations promul-
gated under subsection (b)(1)(B)(iii)).’’. 
SEC. 111. RELATIONSHIP TO OTHER LAW. 
Section 1101 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 1101) is 
further amended by adding at the end the following: 
‘‘(m) APPLICABILITY; EFFECT ON OTHER LAW.— 
Nothing in this section or any regulation promulgated 
under this section supersedes or otherwise affects any re-
quirement or prohibition relating to the discharge of bal-
last water under the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.).’’. 
SEC. 112. ARMED SERVICES WHOLE VESSEL MANAGEMENT 
PROGRAM. 
(a) IN GENERAL.—Section 1103 of the Nonindige-
nous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4713) is amended— 
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(1) by striking the section heading and insert-
ing the following: 
‘‘SEC. 1103. ARMED SERVICES WHOLE VESSEL MANAGE-
MENT PROGRAM.’’; and 
(2) in subsection (a)— 
(A) by striking ‘‘Subject to’’ and inserting 
the following: 
‘‘(1) BALLAST WATER.—Subject to’’; and 
(B) by adding at the end the following: 
‘‘(2) 
TOWED
VESSEL
MANAGEMENT
PRO-
GRAM.— 
‘‘(A) IN GENERAL.—Subject to operational 
conditions, the Secretary of Defense, in con-
sultation with the Secretary, the Task Force, 
and the International Maritime Organization, 
shall implement a towed vessel management 
program for Department of Defense vessels to 
minimize the risk of introductions of aquatic 
invasive species through hull and associated hull 
aperture transfers by towed vessels. 
‘‘(B) CURRENT BALLAST PROGRAM.—Sub-
paragraph (A) shall not affect the ballast pro-
gram for Department of Defense vessels in ef-
fect immediately before the enactment of the 
National Aquatic Invasive Species Act of 2005. 
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‘‘(3) REPORTS.—Not later than 3 years after 
the date of enactment of the National Aquatic 
Invasive Species Act of 2005, and every 3 years 
thereafter, the Secretary of Defense shall submit to 
the Congress a report that includes a summary and 
analysis of the program carried out under this sec-
tion.’’. 
SEC. 113. 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)’’. 
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CHAPTER 2—PREVENTION OF THE INTRO-
DUCTION OF AQUATIC INVASIVE SPE-
CIES BY OTHER PATHWAYS 
SEC. 114. 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 2006, 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; 
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‘‘(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 2006, the 
Task Force or agencies of jurisdiction shall, to the max-
imum extent practicable, implement the strategies de-
scribed in subsection (a)(2).’’. 
SEC. 115. 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 2006, no live aquatic organism of a species 
not in trade shall be imported into the United States with-
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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 2006, 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. 
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‘‘(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). 
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‘‘(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-
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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 
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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 2006, the Director of the 
United States Geological Survey and the Director of the 
Smithsonian Environmental Research Center, in coopera-
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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. 
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‘‘(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. 
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‘‘(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.’’. 
CHAPTER 3—EARLY DETECTION; RAPID 
RESPONSE; CONTROL AND OUTREACH 
SEC. 116. 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 2006, 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— 
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