IB
104TH CONGRESS
2D SESSION
H. R. 3217
[Report No. 104–815, Part I]
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
MARCH 29, 1996
Mr. LATOURETTE (for himself, Mr. SAXTON, Ms. LOFGREN, Ms. RIVERS, Ms.
KAPTUR, Mr. GILCHREST, Mr. STUPAK, Mr. QUINN, Mr. RAMSTAD, Mr.
MILLER of California, Mr. OBERSTAR, Mr. MEEHAN, Mr. FRANKS of
New Jersey, Mr. PETRI, Mr. HOKE, Mr. EHLERS, Mr. DINGELL, Mr.
ENGLISH of Pennsylvania, and Mrs. MORELLA) introduced the following
bill; which was referred to the Committee on Transportation and Infra-
structure, and in addition to the Committee on Resources, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
SEPTEMBER 20, 1996
Additional sponsors: Mr. PALLONE, Mr. HINCHEY, Mr. VENTO, Mr. CARDIN,
Mr. FARR of California, Mr. SAWYER, Mr. BROWN of Ohio, Mr. BONIOR,
Mr. DELLUMS, Ms. SLAUGHTER, Mr. FLANAGAN, Ms. WOOLSEY, Mr.
WALSH, Mr. LIPINSKI, Mr. EVANS, Ms. PELOSI, Mr. FAZIO of California,
Mr. MANTON, Mrs. CLAYTON, and Mr. BOEHLERT
SEPTEMBER 20, 1996
Reported from the Committee on Transportation and Infrastructure with an
amendment
[Strike out all after the enacting clause and insert the part printed in italic]
SEPTEMBER 20, 1996
Referred to the Committee on Science for a period ending not later than Sep-
tember 27, 1996 for consideration of such provisions of the amendment
recommended by the Committee on Transportation and Infrastructure as
fall within the jurisdiction of the Committee on Science pursuant to
clause 1(n), rule X
SEPTEMBER 20, 1996
Referral to the Committee on Resources extended for a period ending not later
than September 27, 1996
[For text of introduced bill, see copy of bill as introduced on March 29, 1996]
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 provision
of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4701 et seq.).
SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC
NUISANCE PREVENTION AND CONTROL ACT
OF 1990.
(a) FINDINGS; DEFINITIONS.—
(1) FINDINGS.—Section 1002(a) (16 U.S.C.
4701(a)) is amended—
(A) by striking paragraphs (2) and (3) and
inserting the following new paragraphs:
‘‘(2) when environmental conditions are favor-
able, nonindigenous species become established and
may disrupt the aquatic environment and economy of
affected nearshore 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 drainage;
‘‘(B) waters west of the Great Lakes, into
the Arkansas River in Oklahoma; and
‘‘(C) waters east of the Great Lakes, into the
Hudson River and Lake Champlain;’’;
(B) in paragraph (4)—
(i) by inserting ‘‘by the zebra mussel
and ruffe, round goby, and other nonindige-
nous species’’ after ‘‘other species’’; and
(ii) by striking ‘‘and’’ at the end;
(C) in paragraph (5), by striking the period
and inserting a semicolon; and
(D) by adding at the end the following new
paragraphs:
‘‘(6) in 1992, the zebra mussel was discovered at
the northernmost reaches of the Chesapeake Bay wa-
tershed;
‘‘(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 nonindige-
nous species;
‘‘(9) the zebra mussel is only one example of
thousands of nonindigenous species that have become
established in waters of the United States and may
be causing economic and ecological degradation with
respect to the natural resources of waters of the Unit-
ed 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 Harbor
(in Minnesota and Wisconsin);
‘‘(B) have spread to Lake Huron; and
‘‘(C) are likely to spread quickly to most
other waters in North America if action is not
taken promptly to control their spread;
‘‘(11) examples of nonindigenous species that, as
of the date of enactment of the National Invasive Spe-
cies Act of 1996, infest coastal waters of the United
States and that have the potential for causing adverse
economic and ecological effects include—
‘‘(A) the mitten crab (Eriochei sinensis)
that has become established on the Pacific Coast;
‘‘(B) the green crab (Carcinus maenus) that
has become established in the coastal waters of
the Atlantic Ocean;
‘‘(C) the brown mussel (Perna perna) that
has become established along the Gulf of Mexico;
and
‘‘(D) certain shellfish pathogens;
‘‘(12) many aquatic nuisance vegetation species,
such as Eurasian watermilfoil, hydrilla, water 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 of unin-
tentionally introduced nonindigenous aquatic species
in a timely manner, further introductions and infes-
tations of species that are as destructive as, or more
destructive than, the zebra mussel or the ruffe infesta-
tions may occur;
‘‘(14) once introduced into waters of the United
States, aquatic nuisance species are unintentionally
transported and introduced into inland lakes and riv-
ers 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, among others, the Federal
Government and State governments, and investment
in the development of prevention technologies.’’.
(2) DEFINITIONS.—Section 1003 (16 U.S.C.
4702) is amended—
(A) in paragraph (1), by striking ‘‘the Com-
mittee on Public Works and Transportation and
the Committee on Merchant Marine and Fish-
eries’’ and inserting ‘‘the Committee on Trans-
portation and Infrastructure and the Committee
on Resources’’;
(B) in paragraph (3), by striking ‘‘assistant
Secretary’’ and inserting ‘‘Assistant Secretary’’;
(C) 
by 
redesignating 
paragraphs 
(9)
through (15) as paragraphs (12) through (18),
respectively; and
(D) by inserting after paragraph (8) the fol-
lowing:
‘‘(9) ‘Great Lakes region’ means the 8 States
that border on the Great Lakes;
‘‘(10) ‘Indian tribe’ means any Indian tribe,
band, nation, or other organized group or community,
including any Alaska Native village or regional cor-
poration (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 United States
to Indians because of their status as Indians;
‘‘(11) ‘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 international
agreement with respect to which the United
States is a party; and
‘‘(B)(i) that represents 2 or more—
‘‘(I) States or political subdivisions
thereof; or
‘‘(II) Indian tribes; or
‘‘(ii) that represents—
‘‘(I) 1 or more States or political 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 Uninten-
tional 
Introductions 
of 
Non-
indigenous Aquatic Species’’.
(2) AQUATIC NUISANCE SPECIES.—Section 1101
(16 U.S.C. 4711) is amended to read as follows:
‘‘SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF
THE UNITED STATES.
‘‘(a) GREAT LAKES GUIDELINES.—
‘‘(1) IN
GENERAL.—Not later than 6 months
after the date of enactment of this Act, the Secretary
shall issue voluntary guidelines to prevent the intro-
duction and spread of aquatic nuisance species into
the Great Lakes through the exchange of ballast water
of vessels prior to entering those waters.
‘‘(2) CONTENT OF GUIDELINES.—The guidelines
issued under this subsection shall—
‘‘(A) ensure to the maximum extent 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 vessel
operating conditions; and
‘‘(D) be based on the best scientific informa-
tion available.
‘‘(b) REGULATIONS.—
‘‘(1) IN GENERAL.—Not later than 2 years after
the date of enactment of this Act, the Secretary, in
consultation with the Task Force, shall issue regula-
tions to prevent the introduction and spread of aquat-
ic 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 waters
beyond the exclusive economic zone;
‘‘(B) require a vessel to—
‘‘(i) carry out exchange of ballast
water on the waters beyond the exclusive
economic zone prior to entry into any port
within the Great Lakes;
‘‘(ii) carry out an exchange of ballast
water in other waters where the exchange
does not pose a threat of infestation or
spread of aquatic nuisance species in the
Great Lakes and other waters of the United
States, as recommended by the Task Force
under section 1102(a)(1); or
‘‘(iii) use environmentally sound 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 species;
‘‘(C) 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 Pollution 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 re-
quirements 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 informa-
tion available.
‘‘(3) ADDITIONAL REGULATIONS.—In addition to
promulgating regulations under paragraph (1), the
Secretary, in consultation with the Task Force, shall,
not later than November 4, 1994, issue regulations to
prevent the introduction and spread of aquatic nui-
sance 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 Wash-
ington Bridge.
‘‘(4) EDUCATION
AND
TECHNICAL
ASSISTANCE
PROGRAMS.—The Secretary may carry out education
and technical assistance programs and other measures
to encourage compliance with the guidelines issued
under this subsection.
‘‘(c) VOLUNTARY NATIONAL GUIDELINES.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of enactment of the National Invasive Species
Act of 1996, and after providing notice and an oppor-
tunity for public comment, the Secretary shall issue
voluntary guidelines to prevent the introduction and
spread of nonindigenous species in waters of the Unit-
ed States by ballast water operations and other oper-
ations 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 dis-
charged 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) 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 ex-
clusive 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
tanks and intake systems, if the Secretary
determines that such alternative methods
are at least as effective as ballast water ex-
change in preventing and controlling infes-
tations of aquatic nuisance species;
‘‘(D) direct vessels to carry out management
practices that the Secretary determines to be nec-
essary to reduce the probability of unintentional
nonindigenous species transfer resulting from—
‘‘(i) ship operations other than ballast
discharge; and
‘‘(ii) ballasting practices of vessels that
enter waters of the United States with no
ballast on board;
‘‘(E) provide for the keeping of records that
shall be submitted to the Secretary, as prescribed
by the guidelines, and that shall be maintained
on board each vessel and made available for in-
spection, upon request of the Secretary and in a
manner consistent with subsection (h), in order
to enable the Secretary to determine compliance
with the guidelines, including—
‘‘(i) with respect to each ballast water
exchange referred to in clause (ii), reporting
on the precise location and thoroughness of
the exchange; and
‘‘(ii) any other information that the
Secretary considers necessary to assess the
rate of effective compliance with the guide-
lines;
‘‘(F) provide for sampling procedures to
monitor compliance with the guidelines;
‘‘(G) protect the safety of—
‘‘(i) each vessel; and
‘‘(ii) the crew and passengers of each
vessel;
‘‘(H) take into consideration—
‘‘(i) variations in the characteristics of
point of origin and receiving water bodies;
‘‘(ii) variations in the ecological condi-
tions of waters and coastal areas of the
United States; and
‘‘(iii) different operating conditions;
‘‘(I) be based on the best scientific informa-
tion available; and
‘‘(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 Pollution Control Act
(33 U.S.C. 1251 et seq.).
‘‘(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) PERIODIC REVIEW AND REVISION.—
‘‘(1) IN GENERAL.—Not later than 3 years after
the date of enactment of the National Invasive Species
Act of 1996, and not less frequently than every 3
years thereafter, the Secretary shall, in accordance
with criteria developed by the Task Force under para-
graph (3)—
‘‘(A) assess the compliance by vessels with
the voluntary guidelines issued under subsection
(c) and the regulations promulgated under this
Act;
‘‘(B) establish the rate of compliance that is
based on the assessment under subparagraph (A);
‘‘(C) assess the effectiveness of the voluntary
guidelines and regulations referred to in sub-
paragraph (A) in reducing the introduction and
spread of aquatic nuisance species by vessels;
and
‘‘(D) as necessary, on the basis of the best
scientific information available—
‘‘(i) revise the guidelines and regula-
tions referred to in subparagraph (A);
‘‘(ii) promulgate additional regulations
pursuant to subsection (e)(1); or
‘‘(iii) carry out each of clauses (i) and
(ii).
‘‘(2) SPECIAL REVIEW AND REVISION.—Not later
than 90 days after the Task Force makes a request to
the Secretary for a special review and revision for
coastal and inland 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 (e)(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 Na-
tional Invasive Species Act of 1996, the Task Force
shall submit to the Secretary criteria for determining
the adequacy and effectiveness of the voluntary guide-
lines issued under subsection (c).
‘‘(e) AUTHORITY OF SECRETARY.—
‘‘(1) GENERAL REGULATIONS.—If, on the basis of
a periodic review conducted under subsection (d)(1)
or a special review conducted under subsection (d)(2),
the Secretary determines that—
‘‘(A) the rate of effective compliance (as de-
termined by the Secretary) with the guidelines
issued pursuant to subsection (c) is inadequate;
or
‘‘(B) the reporting by vessels pursuant to
those guidelines is not adequate for the Secretary
to assess the compliance with those guidelines
and provide a rate of compliance of vessels, in-
cluding the assessment of the rate of compliance
of vessels under subsection (d)(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 para-
graph (1)—
‘‘(A) shall—
‘‘(i) make mandatory the requirements
included in the voluntary guidelines issued
under subsection (c); and
‘‘(ii) provide for the enforcement of the
regulations; and
‘‘(B) may be regional in scope.
‘‘(f) SANCTIONS.—
‘‘(1) CIVIL PENALTIES.—Any person who violates
a regulation promulgated under subsection (b) or (e)
shall be liable for a civil penalty in an amount not
to exceed $25,000. Each day of a continuing violation
constitutes a separate violation. A vessel operated in
violation of the regulations is liable in rem for any
civil penalty assessed under this subsection for that
violation.
‘‘(2) CRIMINAL
PENALTIES.—Any person who
knowingly violates the regulations promulgated under
subsection (b) or (e) is guilty of a class C felony.
‘‘(3) REVOCATION OF CLEARANCE.—Upon request
of the Secretary, the Secretary of the Treasury shall
withhold or revoke the clearance of a vessel required
by section 4197 of the Revised Statutes (46 U.S.C.
App. 91), if the owner or operator of that vessel is in
violation of the regulations issued under subsection
(b) or (e).
‘‘(g) COORDINATION WITH OTHER AGENCIES.—In
carrying out the programs under this section, the Secretary
is encouraged to use, to the maximum extent practicable,
the expertise, facilities, members, or personnel of established
agencies and organizations that have routine contact with
vessels, including the Animal and Plant Health Inspection
Service of the Department of Agriculture, the National
Cargo Bureau, port administrations, and ship pilots’ asso-
ciations.
‘‘(h) CONSULTATION WITH CANADA, MEXICO, AND
OTHER FOREIGN GOVERNMENTS.—In developing the guide-
lines 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 gov-
ernment of a foreign country that the Secretary, in con-
sultation with the Task Force, determines to be necessary
to develop and implement an effective international pro-
gram for preventing the unintentional introduction and
spread of nonindigenous species.
‘‘(i) INTERNATIONAL COOPERATION.—The Secretary,
in cooperation with the International Maritime Organiza-
tion of the United Nations and the Commission on Envi-
ronmental 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 international pro-
gram for preventing the unintentional introduction and
spread of nonindigenous species.’’.
(c) NATIONAL BALLAST WATER MANAGEMENT INFOR-
MATION.—Section 1102 (16 U.S.C. 4712) is amended—
(1) by striking the section heading and inserting
the following:
‘‘SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT 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 DISCHARGE SUR-
VEYS.—
‘‘(1) ECOLOGICAL SURVEYS.—
‘‘(A) IN GENERAL.—The Task Force, in co-
operation with the Secretary, shall conduct eco-
logical 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 invasion
by aquatic nuisance species resulting from
ballast water operations and other oper-
ations 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 sur-
vey—
‘‘(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 sub-
ject of the survey.
‘‘(2) BALLAST DISCHARGE SURVEYS.—
‘‘(A) IN GENERAL.—The Secretary, in co-
operation with the Task Force, shall conduct sur-
veys of ballast 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 discharge practices to reduce the
probability of accidental introductions of
aquatic nuisance species.’’; 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 Secretary of the Smithsonian Institution shall—
‘‘(1) award not to exceed $750,000 to the Chesa-
peake Research Consortium to fund research on
aquatic nuisance species prevention and control in
the Chesapeake Bay through competitive grants to
universities and research institutions;
‘‘(2) award not to exceed $500,000 to the Louisi-
ana Universities Marine Consortium to fund research
on aquatic nuisance species prevention and control in
the Gulf of Mexico through competitive grants to uni-
versities 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 competitive
grants to universities and research institutions; and
‘‘(4) make available not to exceed $500,000 to
fund research on aquatic nuisance species prevention
and control for the Atlantic Coast through competitive
grants to universities and research institutions.
‘‘(f) NATIONAL BALLAST INFORMATION CLEARING-
HOUSE.—
‘‘(1) IN GENERAL.—The Secretary shall develop
and maintain, in consultation with the Task Force
and the Smithsonian Institution (acting through the
Smithsonian Environmental Research Center), a
clearinghouse of national data concerning—
‘‘(A) ballasting practices;
‘‘(B) compliance with the guidelines issued
pursuant to section 1101(c); and
‘‘(C) any other information obtained by the
Task Force under subsection (b).
‘‘(2) REPORT.—In consultation with the Task
Force and the Smithsonian Institution (acting
through the Smithsonian Environmental Research
Center), the Secretary shall prepare and submit to the
Task Force and the appropriate Committees, 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-
sultation with the Secretary, the Task Force, and the Inter-
national Maritime Organization, shall implement a ballast
water management program for seagoing vessels of the De-
partment of Defense to minimize the risk of introduction
of nonindigenous species from releases of ballast water.
‘‘(b) COAST GUARD VESSELS.—Subject to operational
conditions, the Secretary, in consultation with the Task
Force and the International Maritime Organization, shall
implement a ballast water management program for sea-
going vessels of the Coast Guard to minimize the risk of
introduction of nonindigenous species from releases of bal-
last water.
‘‘SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRA-
TION PROGRAM.
‘‘(a) TECHNOLOGIES AND PRACTICES DEFINED.—For
purposes of this section, the term ‘technologies and prac-
tices’ means those technologies and practices that—
‘‘(1) may be retrofitted—
‘‘(A) on existing vessels or incorporated in
new vessel designs; and
‘‘(B) on existing land-based ballast water
treatment facilities;
‘‘(2) may be designed into new water treatment
facilities;
‘‘(3) are operationally practical;
‘‘(4) are safe for a vessel and crew;
‘‘(5) are environmentally sound;
‘‘(6) are cost-effective;
‘‘(7) a vessel operator is capable of monitoring;
and
‘‘(8) are effective against a broad range of aquat-
ic nuisance species.
‘‘(b) DEMONSTRATION PROGRAM.—
‘‘(1) IN GENERAL.—During the 18-month period
beginning on the date that funds are made available
by appropriations pursuant to section 1301(e), the
Secretary of the Interior, with the concurrence of and
in cooperation with the Secretary, shall conduct a
ballast 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 construc-
tion of the technologies and practices used in the dem-
onstration 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, shall—
‘‘(A) use only vessels that—
‘‘(i) are approved by the Secretary;
‘‘(ii) have ballast systems conducive to
testing aboard-vessel or land-based tech-
nologies and practices applicable to a sig-
nificant number of merchant vessels; and
‘‘(iii) are—
‘‘(I) publicly or privately owned;
and
‘‘(II) in active use for trade or
other cargo shipment purposes during
the demonstration;
‘‘(B) select vessels for participation in the
program by giving priority consideration—
‘‘(i) first, to vessels documented under
chapter 121 of title 46, United States Code;
‘‘(ii) second, to vessels that are a 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, in-
cluding 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 shall give priority consideration to tech-
nologies and practices identified as promising by the
National Research Council Marine Board of the Na-
tional Academy of Sciences in its report on ships’
ballast 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 shall pre-
pare and submit a report to the appropriate Commit-
tees on the demonstration program conducted pursu-
ant to this section. The report shall include findings
and recommendations of the Secretary of the Interior
concerning technologies and practices.
‘‘(c) AUTHORITIES; CONSULTATION AND COOPERATION
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 Fed-
eral Government, agencies of States and political
subdivisions thereof, and private entities;
‘‘(B) accept funds, facilities, equipment, or
personnel from other Federal agencies; and
‘‘(C) accept donations of property and serv-
ices.
‘‘(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,’’ 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 inserting
the following:
‘‘(1) ZEBRA MUSSEL.—
‘‘(A) IN GENERAL.—The Task Force’’;
(II) by striking ‘‘(A) research’’
and inserting the following:
‘‘(i) research’’;
(III) by striking ‘‘(B) tracking’’
and inserting the following:
‘‘(ii) tracking’’;
(IV) by striking ‘‘(C) 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 DEVELOP-
MENT.—’’ and inserting the following:
‘‘(B) PUBLIC FACILITY RESEARCH AND DE-
VELOPMENT.—’’;
(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 boating
and fishing. Not later than 4 months after the
date of such submission, and after providing no-
tice and an opportunity for public comment, the
Secretary shall issue voluntary guidelines that
are based on the guidelines developed by the Task
Force under this subparagraph.’’; and
(v) by adding at the end the following
new paragraphs:
‘‘(2) DISPERSAL CONTAINMENT ANALYSIS.—
‘‘(A) RESEARCH.—The Administrator of the
Environmental Protection Agency, in coopera-
tion 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 devel-
oped pursuant to subsection (f)(2).
‘‘(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated
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 sound
methods for preventing and reducing the disper-
sal of aquatic nuisance species between the Great
Lakes-Saint Lawrence drainage and the Mis-
sissippi River drainage through the Chicago
River Ship and Sanitary Canal, including any
of those methods that could be incorporated into
the operation or construction of the lock system
of the Chicago River Ship and Sanitary Canal.
‘‘(B) REPORT.—Not later than 18 months
after the date of enactment of this paragraph, the
Assistant Secretary shall issue a report to the
appropriate 
Committees 
that 
includes 
rec-
ommendations concerning—
‘‘(i) which of the methods that are
identified under the study conducted under
this paragraph are most promising with re-
spect to preventing and reducing the disper-
sal of aquatic nuisance species; and
‘‘(ii) ways to incorporate those methods
into ongoing operations of the United States
Army Corps of Engineers that are con-
ducted at the Chicago River Ship and Sani-
tary Canal.
‘‘(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated
to the Department of the Army, to carry out this
paragraph, $750,000.
‘‘(4) CONTRIBUTIONS.—To the extent allowable
by law, in carrying out the studies under paragraphs
(2) and (3), the Administrator of the Environmental
Protection Agency and the Secretary of the Army
may enter into an agreement with an interested party
under which that party provides in kind or monetary
contributions for the study.
‘‘(5) TECHNICAL ASSISTANCE.—The Great Lakes
Environmental Research Laboratory of the National
Oceanic and Atmospheric Administration shall pro-
vide technical assistance to the Lake Champlain Re-
search Consortium to assist in the research conducted
by that consortium pursuant to this subsection.’’.
(4) IMPLEMENTATION.—Section 1202(j)(1) (16
U.S.C. 4722(j)(1)) is amended by striking ‘‘Not later
than 18 months after the date of the enactment of this
Act, the Director’’ and inserting ‘‘The Director, the
Secretary,’’.
(5) REGIONAL COORDINATION.—Section 1203 (16
U.S.C. 4723) is amended—
(A) by striking the section heading and 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 insert-
ing 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 inserting ‘‘Great
Lakes region’’;
(C) by striking ‘‘(b) CONSULTATION.—The
Task Force’’ and inserting the following:
‘‘(2) CONSULTATION.—The Task Force’’;
(D) by striking ‘‘(c) CANADIAN PARTICIPA-
TION.—The panel’’ and inserting the following:
‘‘(3) CANADIAN PARTICIPATION.—The panel’’;
(E) in paragraphs (2) and (3) of subsection
(a), as so redesignated, by striking ‘‘this section’’
and inserting ‘‘this subsection’’; and
(F) by adding at the end the following new
subsections:
‘‘(b) WESTERN REGIONAL PANEL.—Not later than 30
days after the date of enactment of the National Invasive
Species Act of 1996, the Task Force shall request a Western
regional panel, 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 prevent
the spread of the zebra mussel west of the 100th Me-
ridian pursuant to section 1202(i) of this Act;
‘‘(3) coordinate, where possible, other aquatic
nuisance species program activities in the Western re-
gion that are not conducted pursuant to this Act;
‘‘(4) develop an emergency response strategy for
Federal, State, and local entities for stemming new
invasions of aquatic nuisance species in the region;
‘‘(5) provide advice to public and private indi-
viduals and entities concerning methods of preventing
and controlling aquatic nuisance species infestations;
and
‘‘(6) submit annually a report to the Task Force
describing activities within the Western region related
to aquatic nuisance species prevention, research, and
control.
‘‘(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 (in-
cluding providing financial assistance for the develop-
ment and use of such entities) to carry out, with re-
spect 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 MAN-
AGEMENT PLANS.—’’;
(ii) in paragraph (1)—
(I) by striking the matter preced-
ing subparagraph (A) and inserting
the following:
Unit Program of the United States Fish and
Wildlife Service;
‘‘(5) $3,000,000 to the Department of the Army,
to be used by the Assistant Secretary to carry out sec-
tion 1202(i)(1)(B); and
‘‘(6) $300,000 to the Department of the Interior,
to be used by the Director to fund regional panels and
similar entities under section 1203, of which $100,000
shall be used to fund activities of the Great Lakes
Commission.’’;
(3) by striking subsection (c) and inserting the
following:
‘‘(c) GRANTS FOR STATE MANAGEMENT PROGRAMS.—
There are authorized to be appropriated for each of fiscal
years 1997 through 2002 $4,000,000 to the Department of
the Interior, to be used by the Director for making grants
under section 1204, of which $1,500,000 shall be used by
the Director, in consultation with the Assistant Secretary,
for management of aquatic nuisance vegetation species.’’;
and
(4) by adding at the end the following new sub-
section:
‘‘(e) BALLAST WATER MANAGEMENT DEMONSTRATION
PROGRAM.—There are authorized to be appropriated to the