IB 
Union Calendar No. 263 
108TH CONGRESS 
2D SESSION 
H. R. 1081 
[Report No. 108–324, Part I] 
To establish marine and freshwater research, development, and demonstration 
programs to support efforts to prevent, control, and eradicate invasive 
species, as well as to educate citizens and stakeholders and restore 
ecosystems. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2003 
Mr. EHLERS (for himself, Mr. GILCHREST, Mr. BAIRD, Mr. HOEKSTRA, Mr. 
ORTIZ, Mrs. BIGGERT, Mr. KIRK, Mr. KILDEE, Mr. CAMP, Mr. MCHUGH, 
Mr. EMANUEL, Ms. SLAUGHTER, Mr. ROGERS
of Michigan, Mr. 
ENGLISH, Mr. FARR, Mr. CUMMINGS, Mr. LEVIN, Mr. STUPAK, Mr. 
SCOTT of Virginia, Mr. ABERCROMBIE, Mr. QUINN, Mr. SMITH of Wash-
ington, Mr. GEORGE MILLER of California, Mrs. MALONEY, Mr. DIN-
GELL, Ms. KAPTUR, Ms. LEE, Mr. SAXTON, Mr. DICKS, Ms. BORDALLO, 
Mr. VISCLOSKY, Mr. WALSH, Mr. UPTON, Mr. GILLMOR, Mr. SMITH of 
Michigan, Mr. CASE, Mr. BOEHLERT, Mr. BROWN of Ohio, Mr. GREEN-
WOOD, Mr. PALLONE, Mr. MARKEY, Mr. DELAHUNT, Mr. CARDIN, Mr. 
ALLEN, Mrs. MILLER of Michigan, Mr. BLUMENAUER, Mr. INSLEE, Mr. 
HOUGHTON, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MCCOTTER, Ms. 
BALDWIN, Mr. LEACH, Mr. MCDERMOTT, Mr. NEAL of Massachusetts, 
Mr. KNOLLENBERG, Mr. TOWNS, Mr. HONDA, Mr. LIPINSKI, Mr. 
WEINER, Mr. KIND, Mr. EVANS, Ms. LOFGREN, Mr. JOHNSON of Illinois, 
Mr. 
KLECZKA, 
Mr. 
SIMMONS, 
Mr. 
FALEOMAVAEGA, 
and 
Mr. 
LATOURETTE) introduced the following bill; which was referred to the 
Committee on Science, and in addition to the Committees on Transpor-
tation and Infrastructure, Resources, and House Administration, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
OCTOBER 20, 2003 
Reported from the Committee on Science with an amendment
[Strike out all after the enacting clause and insert the part printed in italic] 
OCTOBER 20, 2003 
Referral to the Committee on Transportation and Infrastructure, Resources, 
and House Administration extended for a period ending not later than 
October 31, 2003 
OCTOBER 31, 2003 
Referral to the Committees on Transportation and Infrastructure, Resources, 
and House Administration extended for a period ending not later than 
November 7, 2003 
NOVEMBER 7, 2003 
Referral to the Committees on Transportation and Infrastructure, Resources, 
and House Administration extended for a period ending not later than 
November 21, 2003 
NOVEMBER 21, 2003 
Referral to the Committees on Transportation and Infrastructure, Resources, 
and House Administration extended for a period ending not later than 
January 31, 2004 
JANUARY 31, 2004 
Referral to the Committees on Transportation and Infrastructure, Resources, 
and House Administration extended for a period ending not later than 
April 2, 2004 
APRIL 2, 2004 
Additional sponsors: Mr. BERMAN, Mr. SCHIFF, Mr. RYAN of Ohio, Ms. 
DELAURO, Mr. FRANK of Massachusetts, Mr. ENGEL, Mr. VAN HOLLEN, 
Mr. STARK, Mrs. CAPPS, Ms. CORRINE BROWN of Florida, Mr. GREEN 
of Wisconsin, Mr. SPRATT, Mr. CALVERT, Ms. ESHOO, Mr. LARSON of 
Connecticut, Ms. SCHAKOWSKY, Mr. GRIJALVA, Mr. BONNER, Mr. BART-
LETT of Maryland, Mr. MICHAUD, and Mrs. NAPOLITANO 
APRIL 2, 2004 
Committees on Transportation and Infrastructure, Resources, and House Ad-
ministration discharged; committed to the Committee of the Whole House 
on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on March 5, 2003] 
A BILL 
To establish marine and freshwater research, development, 
and demonstration programs to support efforts to pre-
vent, control, and eradicate invasive species, as well as
to educate citizens and stakeholders and restore eco-
systems. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Aquatic Invasive Species 
Research Act’’. 
SEC. 2. FINDINGS. 
The Congress makes the following findings: 
(1) Aquatic invasive species damage infrastruc-
ture, disrupt commerce, outcompete native species, re-
duce biodiversity, and threaten human health. 
(2) The direct and indirect costs of aquatic 
invasive species to our Nation’s economy number in 
the billions of dollars per year. In the Great Lakes re-
gion, approximately $3,000,000,000 dollars have been 
spent in the past 10 years to mitigate the damage 
caused by one invasive species, the zebra mussel. 
(3) Recent studies have shown that, in addition 
to economic damage, invasive species cause enormous 
environmental damage, and have cited invasive spe-
cies as the second leading threat to endangered spe-
cies. 
(4) Over the past 200 years, the rate of detected 
marine and freshwater invasions in North America 
has increased exponentially.
(5) The rate of invasions continues to grow each 
year. 
(6) Marine and freshwater research underlies 
every aspect of detecting, preventing, controlling, and 
eradicating invasive species, educating citizens and 
stakeholders, and restoring ecosystems. 
(7) Current Federal efforts, including research ef-
forts, have focused primarily on controlling estab-
lished invasive species, which is both costly and often 
unsuccessful. An emphasis on research, development, 
and demonstration to support efforts to prevent 
invasive species or eradicate them upon entry into 
United States waters would likely result in a more 
cost-effective and successful approach to combating 
invasive species through preventing initial introduc-
tion. 
(8) Research, development, and demonstration to 
support prevention and eradication includes moni-
toring of both pathways and ecosystems to track the 
introduction and establishment of nonnative species, 
and development and testing of technologies to prevent 
introduction through known pathways. 
(9) Therefore, Congress finds that it is in the 
United States interest to conduct a comprehensive 
and thorough research, development, and demonstra-
tion program on aquatic invasive species in order to 
better understand how aquatic invasive species are in-
troduced and become established and to support efforts 
to prevent the introduction and establishment of, and 
to eradicate, these species. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTERING AGENCIES.—The term ‘‘ad-
ministering agencies’’ means— 
(A) the National Oceanic and Atmospheric 
Administration (including the Great Lakes En-
vironmental Research Laboratory); 
(B) the Smithsonian Institution (acting 
through the Smithsonian Environmental Re-
search Center); and 
(C) the United States Geological Survey. 
(2) AQUATIC
ECOSYSTEM.—The term ‘‘aquatic 
ecosystem’’ means a freshwater, marine, or estuarine 
environment (including inland waters, riparian 
areas, and wetlands) located in the United States. 
(3) BALLAST WATER.—The term ‘‘ballast water’’ 
means any water (with its suspended matter) used to 
maintain the trim and stability of a vessel.
(4) INVASION.—The term ‘‘invasion’’ means the 
introduction and establishment of an invasive species 
into an ecosystem beyond its historic range. 
(5) INVASIVE SPECIES.—The term ‘‘invasive spe-
cies’’ means a species— 
(A) that is nonnative to the ecosystem under 
consideration; and 
(B) whose introduction causes or may cause 
harm to the economy, the environment, or 
human health. 
(6) INVASIVE
SPECIES
COUNCIL.—The term 
‘‘Invasive Species Council’’ means the council estab-
lished by section 3 of Executive Order No. 13112 (42 
U.S.C. 4321 note). 
(7) PATHWAY.—The term ‘‘pathway’’ means 1 or 
more routes by which an invasive species is trans-
ferred from one ecosystem to another. 
(8) SPECIES.—The term ‘‘species’’ means any 
fundamental category of taxonomic classification or 
any viable biological material ranking below a genus 
or subgenus. 
(9) TASK
FORCE.—The term ‘‘Task Force’’ 
means the Aquatic Nuisance Species Task Force es-
tablished by section 1201(a) of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 
(16 U.S.C. 4721(a)). 
(10) TYPE
APPROVAL.—The term ‘‘type ap-
proval’’ means an approval procedure under which a 
type of system is certified as meeting a standard es-
tablished pursuant to Federal law for a particular 
application. 
SEC. 4. COORDINATION AND IMPLEMENTATION. 
(a) COORDINATION.—In carrying out this Act, the ad-
ministering agencies shall coordinate with— 
(1) appropriate State agencies; 
(2) the Fish and Wildlife Service, the Environ-
mental Protection Agency, and other appropriate 
Federal agencies; and 
(3) the Task Force and Invasive Species Council. 
(b) IMPLEMENTATION.—The administering agencies 
shall enter into a memorandum of understanding regarding 
the implementation of this Act, which shall include the co-
ordination required by subsection (a). 
(c) COOPERATION.—In carrying out this Act, the ad-
ministering agencies shall contract, as appropriate, or oth-
erwise cooperate with academic researchers. 
(d) STRUCTURE.—To the extent practicable, the ad-
ministering agencies shall carry out this Act working with-
in the organizational structure of the Task Force and 
Invasive Species Council. 
SEC. 5. ECOLOGICAL AND PATHWAY RESEARCH. 
(a) IN GENERAL.—The administering agencies shall 
develop and conduct a marine and fresh-water research pro-
gram which shall include ecological and pathway surveys 
and experimentation to detect nonnative aquatic species in 
aquatic ecosystems and to assess rates and patterns of intro-
ductions of nonnative aquatic species in aquatic ecosystems. 
The goal of this marine and freshwater research program 
shall be to support efforts to prevent the introduction of, 
detect, and eradicate invasive species through informing 
early detection and rapid response efforts, informing rel-
evant policy decisions, and assessing the effectiveness of im-
plemented policies to prevent the introduction and spread 
of aquatic invasive species. Surveys and experiments under 
this subsection shall be commenced not later than 18 months 
after the date of the enactment of this Act. 
(b) PROTOCOL DEVELOPMENT.—The administering 
agencies shall establish standardized protocols for con-
ducting ecological and pathway surveys of nonnative aquat-
ic species under subsection (a) that are integrated and 
produce comparable data. Protocols shall, as practicable, be 
integrated with existing protocols and data collection meth-
ods. In developing the protocols under this subsection, the
administering agencies shall draw on the recommendations 
gathered at the workshop under subsection (g). The protocols 
shall be peer reviewed, and revised as necessary. Protocols 
shall be completed within 1 year after the date of the enact-
ment of this Act. 
(c) ECOLOGICAL AND PATHWAY SURVEY REQUIRE-
MENTS.—(1) Each ecological survey conducted under sub-
section (a) shall, at a minimum— 
(A) document baseline ecological information of 
the aquatic ecosystem including, to the extent prac-
ticable, a comprehensive inventory of native species, 
nonnative species, and species of unknown origin 
present in the ecosystem, as well as the chemical and 
physical characteristics of the water and underlying 
substrate; 
(B) for nonnative species, gather information to 
assist in identifying their life history, environmental 
requirements and tolerances, the historic range of 
their native ecosystems, and their history of spreading 
from their native ecosystems; 
(C) track the establishment of nonnative species 
including information about the estimated abundance 
of nonnative organisms in order to allow an analysis 
of the probable date of introduction of the species; and
(D) identify the likely pathway of entry of non-
native species. 
(2) Each pathway survey conducted under this section 
shall, at a minimum— 
(A) identify what nonnative aquatic species are 
being introduced or may be introduced through the 
pathways under consideration; 
(B) determine the quantities of organisms being 
introduced through the pathways under consideration; 
and 
(C) determine the practices that contributed to or 
could contribute to the introduction of nonnative 
aquatic species through the pathway under consider-
ation. 
(d) NUMBER AND LOCATION OF SURVEY SITES.—The 
administering agencies shall designate the number and lo-
cation of survey sites necessary to carry out marine and 
freshwater research required under this section. In estab-
lishing sites under this subsection or subsection (e), empha-
sis shall be on the geographic diversity of sites, as well as 
the diversity of the human uses and biological characteris-
tics of sites. 
(e) COMPETITIVE GRANT PROGRAM.—The National 
Oceanic and Atmospheric Administration and the United 
States Geological Survey shall jointly administer a pro-
gram to award competitive, peer-reviewed grants to aca-
demic institutions, State agencies, and other appropriate 
groups, in order to assist in carrying out subsection (a), 
and shall include to the maximum extent practicable di-
verse institutions, including Historically Black Colleges 
and Universities and those serving large proportions of His-
panics, Native Americans, Asian-Pacific Americans, or 
other underrepresented populations. 
(f) 
SHIP
PATHWAY
SURVEYS.—Section 
1102(b)(2)(B)(ii) of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 
4712(b)(2)(B)(ii)) is amended to read as follows: 
‘‘(ii) examine other potential modes for 
the introduction of nonnative aquatic spe-
cies by ship, including hull fouling.’’. 
(g) WORKSHOP.—In order to support the development 
of the protocols and design for the surveys under subsections 
(b) and (c), and to determine how to obtain consistent, com-
parable data across a range of ecosystems, the admin-
istering agencies shall convene at least one workshop with 
appropriate researchers and representatives involved in the 
management of aquatic invasive species from Federal and 
State agencies and academic institutions to gather rec-
ommendations. The administering agencies shall make the 
results of the workshop widely available to the public. The
workshop shall be held within 180 days after the date of 
the enactment of this Act. 
(h) EXPERIMENTATION.—The administering agencies 
shall conduct research to identify the relationship between 
the introduction and establishment of nonnative aquatic 
species, including those legally introduced, and the cir-
cumstances necessary for those species to become invasive. 
(i) NATIONAL PATHWAY AND ECOLOGICAL SURVEYS 
DATABASE.— 
(1) IN GENERAL.—The United States Geological 
Survey shall develop, maintain, and update, in con-
sultation and cooperation with the Smithsonian In-
stitution (acting through the Smithsonian Environ-
mental Research Center), the National Oceanic and 
Atmospheric Administration, and the Task Force, a 
central, national database of information concerning 
information collected under this section. 
(2) REQUIREMENTS.—The database shall— 
(A) be widely available to the public; 
(B) be updated not less than once a quarter; 
(C) be coordinated with existing databases, 
both domestic and foreign, collecting similar in-
formation; and 
(D) be, to the maximum extent practicable, 
formatted such that the data is useful for both re-
searchers and Federal and State employees man-
aging relevant invasive species programs. 
SEC. 6. ANALYSIS. 
(a) INVASION ANALYSIS.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of the enactment of this Act, and every year 
thereafter, the administering agencies shall analyze 
data collected under section 5 and other relevant re-
search on the rates and patterns of invasions by 
aquatic invasive species in waters of the United 
States. The purpose of this analysis shall be to use the 
data collected under section 5 and other relevant re-
search to support efforts to prevent the introduction 
of, detect, and eradicate invasive species through in-
forming early detection and rapid response efforts, in-
forming relevant policy decisions, and assessing the 
effectiveness of implemented policies to prevent the in-
troduction and spread of invasive species. 
(2) CONTENTS.—The analysis required under 
paragraph (1) shall include with respect to aquatic 
invasive species— 
(A) an analysis of pathways, including— 
(i) identifying, and characterizing as 
high, medium, or low risk, pathways re-
gionally and nationally;
(G) recommendations for improvements in 
the effectiveness of pathway management; 
(H) to the extent practical, a determination 
of the level of reduction in live organisms of var-
ious taxonomic groups required to reduce the 
risk of establishment to receiving aquatic eco-
systems to an acceptable level; and 
(I) an evaluation of the effectiveness of 
management actions (including any standard) 
at preventing nonnative species introductions 
and establishment. 
(b) RESEARCH TO ASSESS THE POTENTIAL OF THE 
ESTABLISHMENT
OF INTRODUCED SPECIES.—Within 2 
years after the date of the enactment of this Act, the admin-
istering agencies shall develop a profile, based on the gen-
eral characteristics of invasive species and vulnerable eco-
systems, in order to predict, to the extent practical, whether 
a species planned for importation is likely to invade a par-
ticular aquatic ecosystem if introduced. In developing the 
profile, the above agencies shall analyze the research con-
ducted under section 5, and other research as necessary, to 
determine general species and ecosystem characteristics 
(taking into account the opportunity for introduction into 
any ecosystem) and circumstances that can lead to estab-
lishment. Based on the profile, the Task Force shall make
recommendations to the Invasive Species Council as to what 
planned importations of nonnative aquatic organisms 
should be restricted. This profile shall be peer-reviewed. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated for carrying out this section 
and section 5 of this Act, and section 1102(b)(2) of the Non-
indigenous Aquatic Nuisance Prevention and Control Act 
of 1990 (16 U.S.C. 4712(b)(2)) for each of the fiscal years 
2004 through 2008— 
(1) $4,000,000 for the Smithsonian Environ-
mental Research Center; 
(2) $11,000,000 for the United States Geological 
Survey (including activities through the Cooperative 
Fish and Wildlife Research Program), of which 
$6,500,000 shall be for the grant program under sec-
tion 5(e), and of which $500,000 shall be for devel-
oping, maintaining, and updating the database under 
section 5(i); and 
(3) $10,500,000 for the National Oceanic and 
Atmospheric Administration, of which $6,500,000 
shall be for the grant program under section 5(e). 
SEC. 7. DISSEMINATION. 
(a) IN GENERAL.—The Invasive Species Council, in 
coordination with the Task Force and the administering 
agencies, shall be responsible for disseminating the informa-
tion collected under this Act to the public, including Fed-
eral, State, and local entities, relevant policymakers, and 
private researchers with responsibility over or interest in 
aquatic invasive species. 
(b) REPORT TO CONGRESS.—Not later than 3 years 
after the date of the enactment of this Act, the Invasive Spe-
cies Council shall report actions and findings under section 
6 to the Congress, and shall update this report once every 
3 years thereafter, or more often as necessary. 
(c) RESPONSE
STRATEGY.—The Invasive Species 
Council, in coordination with the Task Force, the admin-
istering agencies, and other appropriate Federal and State 
agencies, shall develop and implement a national strategy 
for how information collected under this Act will be shared 
with Federal, State, and local entities with responsibility 
for determining response to the introduction of potentially 
invasive aquatic species, to enable those entities to better 
and more rapidly respond to such introductions. 
(d) PATHWAY
PRACTICES.—The Invasive Species 
Council, in coordination with the Task Force and the ad-
ministering agencies, shall disseminate information to, and 
develop an ongoing educational program for, pathway users 
(including vendors and customers) on how their practices 
could be modified to prevent the intentional or uninten-
tional introduction of nonnative aquatic species into aquat-
ic ecosystems. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of the Inte-
rior for each of the fiscal years 2004 through 2008 $500,000 
for the Invasive Species Council for carrying out this sec-
tion. 
SEC. 8. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, 
AND VERIFICATION. 
(a) ENVIRONMENTALLY SOUND TECHNOLOGY DEVEL-
OPMENT, DEMONSTRATION, AND VERIFICATION.— 
(1) GRANT PROGRAM.—Not later than 1 year 
after the date of the enactment of this Act, the Envi-
ronmental Protection Agency, acting through the Of-
fice of Research and Development, in consultation 
with the Army Corps of Engineers, the administering 
agencies, and the Task Force, shall develop and begin 
administering a grant program to fund research, de-
velopment, demonstration, and verification of environ-
mentally sound cost-effective technologies and methods 
to control and eradicate aquatic invasive species. 
(2) PURPOSES.—Proposals funded under this 
subsection shall— 
(A) seek to support Federal, State, or local 
officials’ ongoing efforts to control and eradicate
aquatic invasive species in an environmentally 
sound manner; 
(B) increase the number of environmentally 
sound technologies or methods Federal, State, or 
local officials may use to control or eradicate 
aquatic invasive species; 
(C) provide for demonstration or dissemina-
tion of the technology or method to potential end- 
users; and 
(D) verify that any technology or method 
meets any appropriate criteria developed for ef-
fectiveness and environmental soundness by the 
Environmental Protection Agency. 
(3) PREFERENCE.—The Administrator of the 
Environmental Protection Agency shall give pref-
erence to proposals that will likely meet any appro-
priate criteria developed for environmental soundness 
by the Environmental Protection Agency. 
(4) MERIT REVIEW.—Grants shall be awarded 
under this subsection through a competitive, peer-re-
viewed process. 
(5) REPORT.—Not later than 3 years after the 
date of the enactment of this Act, the Administrator 
of the Environmental Protection Agency shall prepare 
and submit a report to Congress on the program con-
ducted under this subsection. The report shall include 
findings and recommendations of the Administrator 
with regard to technologies and methods. 
(b) DISPERSAL BARRIER RESEARCH PROGRAM.—Not 
later than 1 year after the date of the enactment of this 
Act, the Assistant Secretary of the Army for the Corps of 
Engineers, in conjunction with the Fish and Wildlife Serv-
ice and other appropriate Federal agencies and academic 
researchers, shall establish a research, development, and 
demonstration program to study environmentally sound 
methods and technologies to reduce dispersal of aquatic 
invasive species through interbasin waterways and assess 
the potential for using those methods and technologies in 
other waterways. 
(c) SHIP PATHWAY TECHNOLOGY DEMONSTRATION.— 
(1) REAUTHORIZATION
OF
PROGRAM.—Section 
1301(e) of the Nonindigenous Aquatic Nuisance Pre-
vention and Control Act of 1990 (16 U.S.C. 4741(e)) 
is amended by striking ‘‘$2,500,000’’ and inserting 
‘‘$7,500,000 for each of the fiscal years 2004 through 
2008’’. 
(2) EXPANSION OF PROGRAM.—Section 1104(b) 
of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4714(b)) is 
amended—
(A) by redesignating paragraphs (4) and 
(5) as paragraphs (5) and (6), respectively; and 
(B) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) ADDITIONAL PURPOSES.—The Secretary of 
the Interior and the Secretary of Commerce may also 
demonstrate and verify technologies under this sub-
section to monitor and control pathways of organism 
transport on ships other than through ballast water.’’. 
(3) CRITERIA AND WORKSHOP.—Section 1104 of 
the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4714) is amended by 
adding at the end the following new subsections: 
‘‘(d) CRITERIA.—When issuing grants under this sec-
tion, the National Oceanic and Atmospheric Administra-
tion shall give preference to those technologies that will like-
ly meet the criteria laid out in any testing protocol devel-
oped by the Environmental Protection Agency Office of Re-
search and Development’s Environmental Technology 
Verification Program. 
‘‘(e) WORKSHOP.—The National Oceanic and Atmos-
pheric Administration shall hold an annual workshop of 
principal investigators funded under this section and re-
searchers conducting research directly related to ship path-
way technology development, for information exchange, and 
shall make the proceedings widely available to the public.’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated for each of the fiscal years 
2004 through 2008— 
(1) $2,500,000 for the Environmental Protection 
Agency to carry out subsection (a); and 
(2) $1,000,000 for the Army Corps of Engineers 
to carry out subsection (b). 
SEC. 9. RESEARCH TO SUPPORT THE SETTING AND IMPLE-
MENTATION OF SHIP PATHWAY STANDARDS. 
(a) RESEARCH PROGRAM.—The Coast Guard and the 
Environmental Protection Agency, in coordination with the 
National Oceanic and Atmospheric Administration, the 
Task Force, and other appropriate Federal agencies and 
academic researchers, shall develop a coordinated research 
program to support the promulgation and implementation 
of standards to prevent the introduction and spread of 
invasive species by ships that shall include— 
(1) characterizing physical, chemical, and bio-
logical harbor conditions relevant to ballast discharge 
into United States waters to inform the design and 
implementation of ship vector control technologies 
and practices;
(2) developing testing protocols for determining 
the effectiveness of vector monitoring and control tech-
nologies and practices; 
(3) researching and demonstrating methods for 
mitigating the spread of invasive species by coastal 
voyages, including exploring the effectiveness of alter-
native exchange zones in the near coastal areas and 
other methods proposed to reduce transfers of orga-
nisms; 
(4) verifying the practical effectiveness of any 
type approval process to ensure that the process pro-
duces repeatable and accurate assessments of treat-
ment effectiveness; and 
(5) evaluating the effectiveness and residual risk 
and environmental impacts associated with any 
standard set with respect to the ship pathway through 
experimental research. 
(b) PERFORMANCE TEST.—Within 1 year after the 
date of the enactment of this Act, the Coast Guard, in con-
junction with the National Institute of Standards and 
Technology and the Maritime Administration, shall design 
a performance test for ballast water exchange such as a dye 
study to measure the effectiveness of ballast water exchange. 
(c) NATIONAL ACADEMY STUDY.—The Secretary of the 
Department in which the Coast Guard is operating shall
enter into an arrangement with the National Academy of 
Sciences under which the Academy shall— 
(1) identify the relative risk of transfer of var-
ious taxonomic groups by different ship modes; 
(2) assess the extent to which a ballast water 
standard that virtually eliminates the risk of intro-
duction of invasive species by ballast water may re-
late to the risk of introductions by all ship modes, 
and explain the degree of uncertainty in such assess-
ment; and 
(3) recommend methods for reducing organism 
transfers by ships by addressing all parts and systems 
of ships and all related modes of transport of invasive 
species, and identify the research, development, and 
demonstration needed to improve the information 
base to support such methods, including economic in-
formation. 
Not later than 2 years after the date of the enactment of 
this Act, the Secretary of the Department in which the Coast 
Guard is operating shall transmit to the Congress a report 
on the results of the study under this subsection. 
(d) RECOMMENDATIONS.—Not later than the later of 
1 year after the date of submission of the report under sub-
section (c), or 3 years after the date of the enactment of 
this Act, the Task Force, in conjunction with the Environ-
mental Protection Agency, the administering agencies, and 
other appropriate Federal and State agencies and academic 
researchers, shall submit to the Coast Guard a report that 
describes recommendations for— 
(1) a ship pathway treatment standard that in-
corporates all potential modes of transfer by ships; 
and 
(2) methods for type approval and accurate 
monitoring of treatment performance that are simple 
and streamlined and follow established protocols. 
(e) WORKING GROUP.—Not later than 2 years after the 
issuance by the Coast Guard of any standard relating to 
the introduction by ships of invasive species, the Coast 
Guard shall convene a working group including the Envi-
ronmental Protection Agency, the administering agencies, 
and other appropriate Federal and State agencies and aca-
demic researchers, to evaluate the effectiveness of that stand-
ard and accompanying implementation protocols. The du-
ties of the working group shall, at a minimum, include— 
(1) reviewing the effectiveness of the standard in 
reducing the establishment of invasive species in 
aquatic ecosystems, taking into consideration the data 
collected under section 5; and 
(2) developing recommendations to the Coast 
Guard for the revision of such standard and type ap-
proval process to ensure effectiveness in reducing in-
troductions and accurate shipboard monitoring of 
treatment performance that is simple and stream-
lined, which shall be made widely available to the 
public. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated— 
(1) for each of the fiscal years 2004 through 2008 
$1,500,000 for the Coast Guard and $1,500,000 for 
Environmental Protection Agency to carry out sub-
section (a); 
(2) for each of the fiscal years 2004 through 2006 
$500,000 for the Coast Guard to carry out subsection 
(b); and 
(3) for fiscal year 2004 $500,000 for the Coast 
Guard to carry out subsection (c), to remain available 
until expended. 
SEC. 10. RESEARCH IN SYSTEMATICS AND TAXONOMY. 
(a) IN GENERAL.—The National Science Foundation 
shall establish a program to award grants to researchers 
at institutions of higher education and museums to carry 
out research programs in systematics and taxonomy. 
(b) GOALS.—The goals of the program under this sec-
tion are to—
(1) encourage scientists to pursue careers in sys-
tematics and taxonomy to ensure a continuing knowl-
edge base in these disciplines; 
(2) ensure that there will be adequate expertise 
in systematics and taxonomy to support Federal, 
State, and local needs to identify species; 
(3) develop this expertise throughout the United 
States with an emphasis on regional diversity; and 
(4) draw on existing expertise in systematics and 
taxonomy at institutions of higher education and mu-
seums to train the next generation of systematists and 
taxonomists. 
(c) CRITERIA.—Grants shall be awarded under this 
section on a merit-reviewed competitive basis. Emphasis 
shall be placed on funding proposals in a diverse set of eco-
systems and geographic locations, and, when applicable, in-
tegrated with the United States Long Term Ecological Re-
search Network. Preference shall be given to proposals that 
will include student participation, and to institutions and 
museums that actively train students to become experts in 
taxonomy and systematics. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the National Science 
Foundation for carrying out this section $2,500,000 each 
of the fiscal years 2004 through 2008.
SEC. 11. STATE PROGRAMS. 
(a) PLAN.—The administering agencies, in coopera-
tion with the appropriate State agencies, shall develop a 
plan to— 
(1) conduct a survey of methods States and Fed-
eral agencies are using to control or eradicate aquatic 
invasive species; 
(2) facilitate the exchange of information among 
States and Federal agencies on methods States or 
Federal agencies have found to be effective at control-
ling or eradicating aquatic invasive species and the 
costs of those methods; and 
(3) evaluate the cost-effectiveness of the various 
methods States and Federal agencies are using to con-
trol or eradicate aquatic invasive species. 
(b) REPORT.—Not later than one year after the date 
of enactment of this Act, the administering agencies shall 
jointly transmit to the Congress the plan described in sub-
section (a) and the expected costs of carrying out the plan.
Union Calendar No. 263 
108TH CONGRESS 
2D SESSION 
H. R. 1081 
[Report No. 108–324, Part I] 
A BILL 
To establish marine and freshwater research, devel-
opment, and demonstration programs to support 
efforts to prevent, control, and eradicate invasive 
species, as well as to educate citizens and stake-
holders and restore ecosystems. 
APRIL 2, 2004 
Committees on Transportation and Infrastructure, Re-
sources, and House Administration discharged; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed