[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 770 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 770
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to reauthorize and improve that Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 13, 2005
Mr. Levin (for himself, Ms. Collins, Mr. Jeffords, Ms. Stabenow, Mr.
DeWine, Mr. Bayh, Mr. Dayton, Mr. Leahy, Mr. Kennedy, Mr. Reed, Mr.
Lautenberg, Mr. Warner, and Mr. Akaka) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to reauthorize and improve that Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Aquatic
Invasive Species Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1 Short title; table of contents.
Sec. 2 Findings.
Sec. 3 Definitions.
TITLE I--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO
WATERS OF THE UNITED STATES BY VESSELS
Sec. 101 Prevention of introduction of aquatic invasive species into
waters of the United States by vessels.
Sec. 102 Armed services whole vessel management program.
TITLE II--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES BY
OTHER PATHWAYS
Sec. 201 Priority pathway management program.
Sec. 202 Screening process for planned importations of live aquatic
organisms.
TITLE III--EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH
Sec. 301 Early detection.
Sec. 302 Rapid response.
Sec. 303 Dispersal barriers.
Sec. 304 Environmental soundness.
Sec. 305 Information, education, and outreach.
TITLE IV--AQUATIC INVASIVE SPECIES RESEARCH
Sec. 401 Ecological, pathway, and experimental research.
Sec. 402 Analysis.
Sec. 403 Vessel pathway standards research.
Sec. 404 Graduate education in systematics and taxonomy.
TITLE V--COORDINATION
Sec. 501 Program coordination.
Sec. 502 International coordination.
TITLE VI--AUTHORIZATION OF APPROPRIATIONS
Sec. 601 Authorization of appropriations.
TITLE VII--CONFORMING AMENDMENTS
Sec. 701 Conforming amendments.
SEC. 2. FINDINGS.
Congress finds that--
(1) aquatic invasive species are second only to habitat
destruction as a cause of permanent losses in biological
diversity of aquatic ecosystems of the United States;
(2) aquatic invasive species continue to be introduced into
waters of the United States at an unacceptable rate;
(3) aquatic invasive species damage infrastructure, disrupt
commerce, out compete native species, reduce biodiversity, and
threaten human health;
(4) the direct and indirect costs of aquatic invasive
species to the economy of the United States amount to billions
of dollars per year;
(5) in the Great Lakes region, approximately $3,000,000,000
has been spent in the past 10 years to mitigate the damage
caused by a single invasive species, the zebra mussel;
(6) wetlands suffer compound impacts from--
(A) aquatic infestations (such as Hydrilla); and
(B) riparian infestations (such as Purple
Loosestrife);
(7) prevention of aquatic invasive species is the most
environmentally sound and cost-effective management approach
because once established, aquatic invasive species are costly,
and sometimes impossible to control;
(8) to be effective, the prevention, early detection, and
control of and rapid response to aquatic invasive species
should be coordinated regionally, nationally, and
internationally;
(9) pathway management is the most promising approach to
reducing unplanned introductions of aquatic invasive species;
(10) consistent national screening criteria are needed to
evaluate the potential risk of nonindigenous aquatic species;
(11) States and regions have--
(A) unique vulnerabilities with respect to aquatic
invasive species; and
(B) unique means for addressing aquatic invasive
species;
(12) to accurately identify and manage high risk pathways,
it is essential to carry out a comprehensive research program
that--
(A) monitors pathways and ecosystems to detect the
establishment and spread of invasive species;
(B) develops and demonstrates effective methods for
the management and control of invasive species; and
(C) monitors the success of efforts to prevent and
control invasive species; and
(13) it is in the interest of the United States to--
(A) carry out a comprehensive and thorough program
to research, prevent, manage, and control the
introduction of aquatic species that may become
invasive; and
(B) to the maximum extent practicable, coordinate
the program described in subparagraph (A) with
neighboring nations and other programs being carried
out globally.
SEC. 3. DEFINITIONS.
Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4702) is amended to read as follows:
``SEC. 1003. DEFINITIONS.
``In this Act:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Aquatic ecosystems.--The term `aquatic ecosystems'
means freshwater, marine, and estuarine environments (including
inland waters and wetlands), located wholly in the United
States.
``(3) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of the Army for Civil Works.
``(4) Ballast water.--The term `ballast water' means any
water (with its suspended matter) used to maintain the trim and
stability of a vessel.
``(5) Best performing treatment technology.--The term `best
performing treatment technology' means the ballast water
treatment technology that is, as determined by the Secretary--
``(A) the most biologically effective;
``(B) the most environmentally sound; and
``(C) suitable, available, and economically
practicable.
``(6) Coastal voyage.--The term `coastal voyage' means a
voyage conducted entirely within the exclusive economic zone.
``(7) Director.--The term `Director' means the Director of
the United States Fish and Wildlife Service.
``(8) Environmentally sound.--The term `environmentally
sound', refers to an activity that prevents or reduces
introductions, or controls infestations, of aquatic invasive
species in a manner that minimizes adverse effects on--
``(A) the structure and function of an ecosystem;
and
``(B) nontarget organisms and ecosystems.
``(9) Exclusive economic zone.--The term `exclusive
economic zone' means the area comprised of--
``(A) the Exclusive Economic Zone of the United
States established by Proclamation Number 5030, dated
March 10, 1983; and
``(B) the equivalent zones of Canada and Mexico.
``(10) Existing vessel.--The term `existing vessel' means
any vessel that enters service on or before December 31, 2007.
``(11) Great lakes.--The term `Great Lakes' means--
``(A) Lake Erie;
``(B) Lake Huron (including Lake Saint Clair);
``(C) Lake Michigan;
``(D) Lake Ontario;
``(E) Lake Superior;
``(F) the connecting channels of those Lakes,
including--
``(i) the Saint Mary's River;
``(ii) the Saint Clair River;
``(iii) the Detroit River;
``(iv) the Niagara River; and
``(v) the Saint Lawrence River to the
Canadian border; and
``(G) any other body of water located within the
drainage basin of a Lake, River, or connecting channel
described in any of subparagraphs (A) through (F).
``(12) Great lakes region.--The term `Great Lakes region'
means the region comprised of the States of Illinois, Indiana,
Michigan, Minnesota, New York, Ohio, Pennsylvania, and
Wisconsin.
``(13) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(14) Interbasin waterway.--The term `interbasin waterway'
means a waterway that connects 2 distinct water basins.
``(15) International joint commission.--The term
`International Joint Commission' means the commission
established by article VII of the Treaty relating to boundary
waters and questions arising along the boundary between the
United States and Canada, signed at Washington on January 11,
1909 (36 Stat. 2448; TS 548).
``(16) Introduction.--The term `introduction' means the
transfer of an organism to an ecosystem outside the historic
range of the species of which the organism is a member.
``(17) Invasion.--The term `invasion' means an infestation
of an aquatic invasive species.
``(18) Invasive species.--The term `invasive species' means
a nonindigenous species the introduction of which into an
ecosystem may cause harm to the economy, environment, human
health, recreation, or public welfare.
``(19) Invasive species council.--The term `Invasive
Species Council' means the interagency council established by
section 3 of Executive Order No. 13112 (42 U.S.C. 4321 note).
``(20) New vessel.--The term `new vessel' means any vessel
that enters service on or after January 1, 2008.
``(21) Nonindigenous species.--The term `nonindigenous
species' means any species in an ecosystem the range of which
exceeds the historic range of the species in that ecosystem.
``(22) Organism transfer.--The term `organism transfer'
means the movement of an organism of any species from 1
ecosystem to another ecosystem outside the historic range of
the species.
``(23) Pathway.--The term `pathway' means 1 or more vectors
by which an invasive species is transferred from 1 ecosystem to
another.
``(24) Planned importation.--The term `planned importation'
means the purposeful movement of 1 or more nonindigenous
organisms for use in the territorial limits of the United
States.
``(25) Regional panel.--The term `regional panel' means a
panel convened in accordance with section 1203.
``(26) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(27) Species.--The term `species' means any fundamental
category of taxonomic classification, or any viable biological
material, ranking below a genus or subgenus.
``(28) Species in trade.--The term `species in trade' means
a species that has a documented history of being commercially
imported into the United States in the period beginning on
January 1, 1990, and ending on January 1, 2002.
``(29) Task force.--The term `Task Force' means the Aquatic
Nuisance Species Task Force established by section 1201(a).
``(30) Territorial sea.--The term `territorial sea' means
the belt of the sea measured from the baseline of the United
States determined in accordance with international law, as set
forth in Presidential Proclamation Number 5928, dated December
27, 1988.
``(31) Treatment.--The term `treatment' means a mechanical,
physical, chemical, biological, or other process or method of
killing, removing, or rendering inviable organisms.
``(32) Type approval.--The term `type approval' means an
approval procedure under which a type of system is initially
certified as meeting a standard established by law (including a
regulation) for a particular application if the system is
operated correctly.
``(33) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Oceans and Atmosphere.
``(34) Undesirable impact.--The term `undesirable impact'
means economic, human health, aesthetic, or environmental
degradation that is not necessary for, and is not clearly
outweighed by, public health, environmental, or welfare
benefits.
``(35) Waters of the united states.--
``(A) In general.--The term `waters of the United
States' means the navigable waters and territorial sea
of the United States.
``(B) Inclusion.--The term `waters of the United
States' includes the Great Lakes.''.
TITLE I--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO
WATERS OF THE UNITED STATES BY VESSELS
SEC. 101. PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO
WATERS OF THE UNITED STATES BY VESSELS.
(a) In General.--Section 1101 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711) is amended to read
as follows:
``SEC. 1101. PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES
INTO WATERS OF THE UNITED STATES BY VESSELS.
``(a) Requirements for Vessels Operating in Waters of the United
States.--
``(1) Invasive species management plan.--
``(A) In general.--Effective beginning on the date
that is 180 days after the issuance of guidelines
pursuant to subparagraph (D) and promulgation of any
regulations under this section, each vessel that is
equipped with a ballast tank, and any towed vessel or
structure, operating in waters of the United States
shall have in effect, and have available for
inspection, an aquatic invasive species management plan
that prescribes safe and effective means by which the
master of the vessel shall minimize introductions and
transfers of invasive species by any part of the
vessel, pursuant to the guidelines or regulations
applicable to that vessel.
``(B) Specificity.--The management plan shall be
specific to the vessel (or group of vessels with
characteristics similar to that of the vessel, as
determined by the Secretary).
``(C) Requirements.--The management plan shall
include, at a minimum, such information as is requested
by the Secretary pursuant to subparagraph (D),
including--
``(i) operational requirements to safely
and effectively comply with the applicable
ballast water management requirements under
paragraph (4);
``(ii) operational requirements to safely
and effectively carry out any actions
consistent with a rapid response contingency
strategy required by States and approved by the
Secretary under section 1211;
``(iii) at the discretion of the Secretary,
other operational requirements that are
specified in guidelines adopted by the
International Maritime Organization;
``(iv) a description of all reporting
requirements and a copy of each form necessary
to meet those requirements;
``(v) the position of the officer
responsible for implementation of ballast water
management and reporting procedures on board;
``(vi) documents relevant to aquatic
invasive species management equipment or
procedures;
``(vii) a description of the location of
access points for sampling ballast or sediments
pursuant to paragraph (3)(B)(vi);
``(viii) a description of requirements
relating to compliance with any approved rapid
response strategy relevant to the voyage of the
vessel;
``(ix) a contingency strategy applicable
under section 1211, if appropriate; and
``(x) such requirements described in
subsection (b) as are applicable to the vessel.
``(D) Guidelines.--Not later than 18 months after
the date of enactment of the National Aquatic Invasive
Species Act of 2005, the Secretary shall issue final
guidelines for the development of invasive species
management plans, including guidelines that--
``(i) identify types of vessels for which
plans are required;
``(ii) establish processes for updating and
revising the plans; and
``(iii) establish criteria for compliance
with this subsection.
``(2) Records.--The master of a vessel shall--
``(A) maintain records of all ballast operations,
for such period of time and including such information
as the Secretary may specify;
``(B) permit inspection of the records by
representatives of the Secretary and of the State in
which the port is located; and
``(C) transmit records to the National Ballast
Information Clearinghouse established under section
1102(f).
``(3) Best management practices.--
``(A) In general.--Not later than 18 months after
the date of enactment of the National Aquatic Invasive
Species Act of 2005, the Secretary shall issue
guidelines on best management practices to eliminate or
minimize and monitor organism transfer by vessels.
``(B) Practices to be included.--The best
management practices shall include--
``(i) sediment management in transoceanic
vessels;
``(ii) minimization of ballast water uptake
in areas in which there is a greater risk of
harmful organisms entering ballast tanks (such
as areas with toxic algal blooms or known
outbreaks of aquatic invasive species);
``(iii) avoidance of unnecessary discharge
of ballast water in a port that was taken up in
another port;
``(iv) to the maximum extent practicable,
collection and the proper disposal of debris
from the cleaning of the hull;
``(v) proper use of anti-fouling coating;
and
``(vi) provision of sample access ports in
ballast piping for sampling of ballast intake
and discharge.
``(4) Ballast water management.--
``(A) In general.--Effective beginning on the date
that is 180 days after the Secretary promulgates
regulations pursuant to subsection (d), and except as
provided in subparagraph (B), each vessel equipped with
a ballast water tank that enters a United States port
shall comply with the regulations relating to ballast
water management.
``(B) Exceptions.--
``(i) Vessels operating entirely within
exclusive economic zone.--Beginning on December
31, 2011, a vessel equipped with a ballast
tank, and any towed vessel or structure, that
operates entirely within the exclusive economic
zone shall comply with the regulations
described in subsection (b)(3).
``(ii) Vessels operating in enclosed
aquatic ecosystems.--
``(I) In general.--Subject to
subclause (II), an existing vessel
equipped with a ballast tank, and any
towed vessel or structure, that
operates exclusively in the upper 4
Great Lakes (Lake Superior, Lake
Michigan, Lake Huron, and Lake Erie,
and the connecting channels), or in
another enclosed aquatic ecosystem
shall not be required to comply with
the regulations described in subsection
(b)(1).
``(II) Additional enclosed aquatic
ecosystems.--The Administrator and the
Under Secretary, in consultation with
regional panels of the Task Force, may
determine additional enclosed aquatic
ecosystems in which the potential for
movement of organisms by natural and
anthropogenic means is not
significantly altered by the movement
of the vessels equipped with ballast
tanks.
``(b) Invasive Species Management Regulations and Certification
Procedures.--
``(1) Regulations.--Not later than 18 months after the date
of enactment of the National Aquatic Invasive Species Act of
2005, the Secretary, with the concurrence of the Administrator
and in consultation with the Task Force, shall promulgate final
regulations establishing performance requirements for vessels
to reduce or eliminate introduction by the vessels of invasive
species to waters of the United States, including--
``(A) ballast water management operations
(including relevant contingency procedures in instances
in which a safety exemption is used pursuant to
subsection (j)); and
``(B) management of other vessel pathways,
including the hull and sea chest of a vessel.
``(2) Ballast water exchange.--The regulations promulgated
pursuant to paragraph (1)--
``(A) shall apply only to existing vessels;
``(B) shall expire not later than December 31,
2011; and
``(C) shall include--
``(i) a provision for ballast water
exchange that requires--
``(I) at least 1 empty-and-refill
cycle, on the high sea or in an
alternative exchange area designated by
the Secretary, of each ballast tank
that contains ballast water to be
discharged into waters of the United
States; or
``(II) for a case in which the
master of a vessel determines that
compliance with the requirement under
subclause (I) is impracticable, a
sufficient number of flow-through
exchanges of ballast water, on the high
sea or in an alternative exchange area
designated by the Secretary, to achieve
replacement of at least 95 percent of
ballast water in ballast tanks of the
vessel, as determined by a
certification dye study conducted or
model developed in accordance with
protocols developed under paragraph
(5)(B) and recorded in the management
plan of a vessel pursuant to subsection
(a)(1)(C)(i); and
``(ii) if a ballast water exchange is not
undertaken pursuant to subsection (j), a
contingency procedure that requires the master
of a vessel to use the best practicable
technology or practice to treat ballast
discharge.
``(3) Ballast water treatment.--
``(A) In general.--The regulations promulgated
pursuant to paragraph (1) shall--
``(i) establish a numeric ballast water
discharge standard at a level that ensures that
there is no measurable risk that any viable
organisms of nonindigenous species entrained in
ballast water that meets the standard will be
established in waters of the United States; and
``(ii) require that a vessel discharge
ballast water the characteristics of which are
consistent with clause (i), unless no
technology exists to enable a vessel to
discharge such ballast water.
``(B) Best performing treatment.--If no technology
exists to enable a vessel to discharge ballast water in
accordance with the discharge standard established
under subparagraph (A)(i), the regulations promulgated
pursuant to paragraph (1) shall require the vessel to
discharge ballast water that--
``(i) has been treated with the best
performing treatment technology; and
``(ii)(I) for existing vessels, has a
concentration of viable biological material
that contains 99 percent fewer near-coastal
plankton than the concentration of viable
biological material of the intake water of the
vessel, as estimated under the certification
process described in paragraph (5)(C); or
``(II) for new vessels, has a concentration
of viable biological material that contains
99.9 percent fewer near-coastal plankton than
the concentration of viable biological material
of the intake water of the vessel, as estimated
under the certification process described in
paragraph (5)(C).
``(4) Review and revision.--The Secretary, with the
concurrence of the Administrator, shall review and revise--
``(A) not less frequently than every 3 years, any
determination relating to best performing treatment
technology under paragraph (3)(B)(i); and
``(B) not less frequently than every 6 years, the
regulations promulgated pursuant to paragraph (1).
``(5) Certification of treatments and practices.--
``(A) In general.--Not later than the date on which
regulations are promulgated pursuant to paragraphs (2)
and (3), the Secretary shall, with the concurrence of
the Administrator, promulgate regulations for--
``(i) the certification of treatments or
practices the performances of which comply with
the regulations; and
``(ii) on-going enforcement of the
effective use of the certified treatments or
practices.
``(B) Certification of ballast water exchange
procedures.--The certification of ballast water
exchange procedures in compliance with the regulations
promulgated pursuant to paragraph (2) shall be based on
a qualified type-approval process, including a protocol
involving dye studies or models detailing flow dynamics
of a vessel or class of vessels described in paragraph
(2)(A)(ii) for demonstrating the number of flow-through
exchanges necessary for such a vessel to meet the
percentage purge requirements associated with the flow-
through technique for ballast water exchange.
``(C) Certification of all other ballast water
discharge.--The certification of treatments in
compliance with the regulations promulgated pursuant to
paragraph (1)(B) shall be based on a qualified type-
approval process that--
``(i) is capable of estimating the extent
to which ballast water discharge treated by a
ballast water treatment system is likely to
comply with applicable standards, including any
restrictions relating to--
``(I) biological, chemical, or
physical conditions of water taken into
ballast; and
``(II) conditions encountered
during a voyage;
``(ii) is capable of determining the extent
to which a ballast water treatment method--
``(I) is environmentally sound,
based on criteria promulgated by the
Administrator under paragraph (8)(A);
and
``(II) is safe for vessel and crew;
``(iii) may be used in estimating the
expected useful life of the ballast water
treatment system, as determined on the basis of
voyage patterns and normal use conditions;
``(iv) includes a ship-boarding testing
component (and may include a shore-based
testing component);
``(v) provides for appropriate monitoring,
as determined by the Administrator;
``(vi) provides for revocation by the
Administrator of approval pending the results
of the monitoring; and
``(vii) is cost-effective.
``(D) Expiration of ballast water exchange
option.--On the date of expiration of the ballast water
exchange option under paragraph (2), the certification
process shall apply to all methods of ballast water
management, treatment, and system design.
``(E) Review and revision.--Not less frequently
than every 3 years, the Secretary, in conjunction with
the Administrator, shall review and, if necessary,
revise the certification process pursuant to subsection
(e)(1).
``(F) Application for approval.--
``(i) In general.--The Secretary and the
Administrator shall approve an application for
certification of a ballast water treatment
system only if the application is in such form
and contains such information as the Secretary
and Administrator may require.
``(ii) Approval and disapproval.--
``(I) In general.--On receipt of an
application under clause (i)--
``(aa) the Administrator
shall, not later than 90 days
after the date of receipt of
the application--
``(AA) review the
application for
compliance and
consistency with
environmental soundness
criteria promulgated
under paragraph (8)(A);
and
``(BB) approve
those ballast water
treatment systems that
meet those criteria;
and
``(bb) the Secretary, in
consultation with the Task
Force, shall, not later than
180 days after the date of
receipt of the application--
``(AA) determine
whether the ballast
water treatment system
covered by the
application meets the
requirements of this
subsection, as
appropriate;
``(BB) approve or
disapprove the
application; and
``(CC) provide the
applicant written
notice of approval or
disapproval.
``(II) Limitations.--An application
approved under subclause (I) shall--
``(aa) be qualified with
any limitations relating to
voyage pattern, duration, or
any other characteristic that
may affect the effectiveness or
environmental soundness of the
ballast water treatment system
covered by the application, as
determined by the Secretary in
consultation with the
Administrator;
``(bb) be applicable to a
specific vessel or group of
vessels, as determined by the
Secretary;
``(cc) be valid for the
least of--
``(AA) the expected
useful life of the
ballast water treatment
system;
``(BB) 10 years; or
``(CC) such period
of time for which the
Secretary or
Administrator (as
appropriate) determines
that (based on
available information,
including information
developed pursuant to
paragraph (6)(B)(iii))
there exists a serious
deficiency in
performance or
environmental soundness
of the system relative
to anticipated
performance or
environmental
soundness; and
``(dd) be renewed if--
``(AA) the
Secretary determines
that the ballast water
treatment system
remains in compliance
with applicable
standards as of the
date of application for
renewal; or
``(BB) the
remaining useful life
of the vessel is less
than 10 years.
``(6) Experimental approval for ballast water treatment.--
``(A) In general.--The owner or operator of a
vessel may submit to the Secretary an application to
test or evaluate a promising ballast water treatment
technology that--
``(i) has the potential to achieve the
standard set forth under subsection (b)(3)(A);
and
``(ii) is likely to achieve a minimum
performance that is the same as or more
stringent than the best available performance
that applies to a vessel under subsection
(b)(3)(B).
``(B) Approval.--The Secretary shall approve an
application under subparagraph (A) if--
``(i) the Secretary and the Administrator,
in consultation with the Task Force (including
relevant regional panels, and the Prevention
Committee, of the Task Force), determine that
the treatment technologies meet the
requirements in paragraph (3)(B)(ii); and
``(ii) the Administrator determines, based
on independent and peer-reviewed information
provided to the Secretary by the owner or
operator of the vessel or other applicable
parties, that the treatment technologies--
``(I) comply with environmental
requirements (including regulations);
and
``(II) have the potential to meet
environmental soundness criteria
established under paragraph (8)(A)(i).
``(C) Waiver.--If the Secretary approves an
application under subparagraph (B), the Secretary and
the Administrator may waive the requirements under
subsection (a)(4)(A) with respect to the vessel that is
subject to the application approved.
``(D) Limitations.--
``(i) Period of testing.--Testing of the
treatment system approved under this section
may cease prior to the termination of the
approval period described in clause (ii).
``(ii) Period of approval.--Approval
granted under subparagraph (B) shall be for the
least of--
``(I) the expected useful life of
the ballast water treatment system;
``(II) a period of 10 years; or
``(III) a period ending on the date
that the Secretary and Administrator
(as appropriate) determines that there
exists a serious deficiency in
performance or human safety or
environmental soundness of the system
relative to anticipated performance or
environmental soundness.
``(iii) Information.--As a condition of
receiving experimental approval for a treatment
under subparagraph (B), the owner or operator
of a vessel shall agree to collect and report
such information regarding the operational and
biological effectiveness of the treatment
through sampling of the intake and discharge
ballast as the Secretary may request.
``(iv) Renewal.--An experimental approval
may be renewed in accordance with paragraph
(5)(F)(ii).
``(7) Incentives for use of treatment systems.--
``(A) In general.--The Secretary, the Secretary of
Transportation, and the Administrator shall assist
owners or operators of vessels that seek to obtain
experimental approval for installation of ballast water
treatment systems, including through providing guidance
on--
``(i) a sampling protocol and test program
for cost effective treatment evaluation;
``(ii) sources of sampling equipment and
field biological expertise; and
``(iii) examples of shipboard evaluation
studies.
``(B) Selection of technologies and practices.--In
selecting technologies and practices for shipboard
demonstration under section 1104(b), the Secretary of
the Interior and the Secretary of Commerce shall give
priority consideration to technologies and practices
that have received or are in the process of receiving
certification under paragraph (5).
``(C) Annual summaries.--The Secretary shall
annually summarize, and make available to interested
parties, all available information on the performance
of technologies proposed for ballast treatment to
facilitate the application process for experimental
approval for ballast water treatment under paragraph
(6).
``(8) Environmental soundness criteria for ballast
treatments.--
``(A) In general.--The Administrator shall include
in criteria promulgated under section 1202(k)(1)(A)
specific criteria--
``(i) to ensure environmental soundness of
ballast treatment systems; and
``(ii) to grant environmental soundness
exceptions under subparagraph (B).
``(B) Exceptions.--
``(i) In general.--In reviewing
applications under paragraph (5)(F)(ii)(I)(aa)
in an emergency situation to achieve reductions
in significant and acute risk of transfers of
invasive species by vessels, the Secretary and
the Administrator may jointly determine to make
an exception to criteria described in
subparagraph (A)(i).
``(ii) Qualification of approvals.--To be
eligible for an exception under clause (i), an
approval under paragraph (5)(F)(ii)(I)(aa)
shall be qualified under paragraph
(5)(F)(ii)(II).
``(c) Great Lakes Program.--
``(1) Regulations.--Until such time as regulations are
promulgated to implement the amendments made by the National
Aquatic Invasive Species Act of 2005, regulations promulgated
to carry out this Act shall remain in effect until revised or
replaced pursuant to the National Aquatic Invasive Species Act
of 2005.
``(2) Relationship to other programs.--On implementation of
a national mandatory ballast management program that is at
least as comprehensive as the Great Lakes program (as
determined by the Secretary, in consultation with the Governors
of Great Lakes States)--
``(A) the program regulating vessels and ballast
water in Great Lakes under this section shall
terminate; and
``(B) the national program shall apply to such
vessels and ballast water.
``(3) Review and revision.--
``(A) In general.--Not later than the date that is
18 months after the date of enactment of the National
Aquatic Invasive Species Act of 2005, the Secretary
shall--
``(i) review and revise regulations
promulgated under this section to ensure the
regulations provide the maximum practicable
protection of the Great Lakes ecosystem from
introduction by vessels (including vessels in
the unballasted condition) of aquatic invasive
species; and
``(ii) promulgate the revised regulations.
``(B) Contents.--The revised regulations shall
include, at a minimum, requirements under subsections
(a) and (b) (as amended by that Act).
``(d) Authority of the Secretary.--
``(1) In general.--In carrying out this section, the
Secretary shall, with the concurrence of the Administrator,
promulgate regulations in accordance with subsection (b).
``(2) Program components.--
``(A) In general.--In carrying out paragraph (1),
the Secretary shall promulgate a separate set of
regulations for--
``(i) ships that enter the Great Lakes
after operating outside the exclusive economic
zone; and
``(ii) ships that enter United States ports
after operating outside the exclusive economic
zone, excluding United States ports on the
Great Lakes.
``(B) Duration.--Regulations promulgated under
subparagraph (A)(i) shall remain in effect until the
Great Lakes program is terminated pursuant to
subsection (c).
``(3) Requirements.--The regulations promulgated under
paragraph (1) shall--
``(A) protect the safety of--
``(i) each vessel; and
``(ii) the crew and passengers of each
vessel;
``(B) provide for sampling of ballast intake and
discharge flows through ballast piping to monitor for
compliance with the regulations;
``(C) take into consideration--
``(i) vessel types;
``(ii) variations in the ecological
conditions of waters and coastal areas of the
United States; and
``(iii) different operating conditions;
``(D) be based on the best scientific information
available;
``(E) not affect or supersede any requirements 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.); and
``(F) include a list of the best performing
treatment technologies that is reviewed and updated
under subsection (b)(4)(A).
``(4) Education and technical assistance programs.--The
Secretary may carry out education and technical assistance
programs and other measures to promote compliance with the
regulations promulgated under this subsection.
``(e) Periodic Review and Revision of Regulations.--
``(1) In general.--Not later than 3 years after the date of
enactment of the National Aquatic Invasive Species Act of 2005,
and not less often than every 3 years thereafter, the Secretary
shall (with the concurrence of the Administrator, based on
recommendations of the Task Force, and information collected
and analyzed under this title and in accordance with criteria
developed by the Task Force under paragraph (3))--
``(A) assess the compliance by vessels with
regulations promulgated under this section;
``(B) assess the effectiveness of the regulations
referred to in subparagraph (A) in reducing the
introduction and spread of aquatic invasive species by
vessels; and
``(C) as necessary, on the basis of the best
scientific information available--
``(i) revise the regulations referred to in
subparagraph (A); and
``(ii) promulgate additional regulations.
``(2) Special review and revision.--Not later than 90 days
after the date on which the Task Force makes a request to the
Secretary for a special review and revision of the Program, the
Secretary shall (with the concurrence of the Administrator)--
``(A) conduct a special review of regulations in
accordance with paragraph (1); and
``(B) as necessary, in the same manner as provided
under paragraph (1)(C)--
``(i) revise those guidelines; or
``(ii) promulgate additional regulations.
``(3) Criteria for effectiveness.--Not later than 1 year
after the date of enactment of the National Aquatic Invasive
Species Act of 2005, and every 3 years thereafter, the Task
Force shall submit to the Secretary criteria for determining
the adequacy and effectiveness of all regulations promulgated
under this section.
``(f) Sanctions.--
``(1) Civil penalties.--
``(A) In general.--Any person that violates a
regulation promulgated under this section 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 operated 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 U.S.C. App. 91), if the owner or
operator of that vessel is in violation of the regulations
promulgated under subsection (b).
``(4) Exception to sanctions.--This subsection does not
apply to a failure to exchange ballast water if--
``(A) the master of a vessel, acting in good faith,
decides that the exchange of ballast water will
threaten the safety or stability of the vessel or the
crew or passengers of the vessel; and
``(B) the vessel complies with--
``(i) recordkeeping requirements of this
Act;
``(ii) contingency requirements of section
1211; and
``(iii) reporting requirements of this Act.
``(g) Coordination With Other Agencies.--The Secretary is
encouraged to use (with consent) the expertise, facilities, members, or
personnel of, appropriate Federal and State agencies and organizations
that have routine contact with vessels, as determined by the Secretary.
``(h) 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 Secretary, in consultation
with the Task Force, determines to be necessary to develop and
implement an effective international program for preventing the
unintentional introduction and spread of nonindigenous species.
``(i) International Cooperation.--The Secretary, in cooperation
with the International Maritime Organization 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 international program for preventing the
unintentional introduction and spread of nonindigenous species.
``(j) Safety Exemption.--
``(1) Master discretion.--The Master of a vessel is not
required to conduct a ballast water exchange 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, equipment failure, or any other extraordinary
conditions.
``(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 technology and practices pursuant to
regulations promulgated under subsection (b)(1)).
``(k) Non-discrimination.--The Secretary shall ensure that vessels
registered outside of the United States do not receive more favorable
treatment than vessels registered in the United States in any case in
which the Secretary performs studies, reviews compliance, determines
effectiveness, establishes requirements, or performs any other
responsibilities under this Act.
``(l) Effect on Other Law.--Nothing in this section or any
regulation promulgated under this section supersedes or otherwise
affects any requirement or prohibition relating to the discharge of
ballast water under the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.).''.
(b) Conforming Amendments.--
(1) 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)''.
(2) 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 ``regulations
promulgated under section 1101(e)''.
SEC. 102. ARMED SERVICES WHOLE VESSEL MANAGEMENT PROGRAM.
Section 1103 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4713) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 1103. ARMED SERVICES WHOLE VESSEL MANAGEMENT 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 program.--
``(A) In general.--Subject to operational
conditions, the Secretary of Defense, in consultation
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.--Except as provided
in subparagraph (A), this Act does not affect the
ballast program for Department of Defense vessels in
effect on the date of enactment of the National Aquatic
Invasive Species Act of 2005.
``(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 Congress a report that includes a summary and
analysis of the program carried out under this section.''.
TITLE II--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES BY
OTHER PATHWAYS
SEC. 201. PRIORITY PATHWAY MANAGEMENT PROGRAM.
Subtitle C of title I of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is amended
by adding at the end the following:
``SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM.
``(a) Identification of High Priority Pathways.--Not later than 2
years after the date of enactment of the National Aquatic Invasive
Species Act of 2005, and every 3 years thereafter, the Task Force, in
coordination with the Invasive Species Council and in consultation with
representatives of States, industry, and other interested parties,
shall, based on pathway surveys conducted under this title and other
available research relating to the rates of introductions in waters of
the United States--
``(1) identify those pathways that pose the highest risk
for introductions of invasive species, both nationally and on a
region-by-region basis;
``(2) develop recommendations for management strategies for
those high-risk pathways;
``(3) include in the report to Congress required under
section 1201(f)(2)(B) a description of the identifications,
strategies, and recommendations based on research collected
under this title; and
``(4) identify invasive species not yet introduced 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 Pathways.--Not later than 3 years
after the date of enactment of the National Aquatic Invasive Species
Act of 2005, the Task Force or agencies of jurisdiction shall, to the
maximum extent practicable, implement the strategies described in
subsection (a)(2), considering appropriate periodic updates to the
strategies.''.
SEC. 202. SCREENING PROCESS FOR PLANNED IMPORTATIONS 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 IMPORTATIONS OF LIVE AQUATIC
ORGANISMS.
``(a) In General.--Not later than 3 years after the date of
enactment of the National Aquatic Invasive Species Act of 2005, no live
aquatic organism of a species not in trade shall be imported into the
United States without screening and approval in accordance with
subsections (c) and (d).
``(b) Guidelines.--
``(1) In general.--Not later than 30 months after the date
of enactment of the National Aquatic Invasive Species Act of
2005, in consultation with regional panels convened under
section 1203, States, tribes, and other stakeholders, the
Invasive Species Council (in conjunction with the Task Force)
shall promulgate guidelines for screening proposed planned
importations of live aquatic organisms into the United States
that include--
``(A) guidelines for minimum information
requirements for determinations under subsection (c);
and
``(B) guidelines for a simplified notification
procedure for any additional shipments of organisms
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 establishment of aquatic
invasive species (including pathogens and parasites of the
species) in waters of the United States and contiguous waters
of Canada and Mexico.
``(3) Factors.--In developing guidelines under this
subsection and reviewing and revising the guidelines 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 including
pathogens, parasites, and free-living organisms;
``(C) regional differences in probability of
invasion and associated impacts;
``(D) the difficulty of controlling an established
population of an aquatic invasive species in the wild;
and
``(E) the profile established under section
1108(b).
``(c) Categories.--The screening process shall--
``(1) require the identification, to the maximum extent
practicable, to the species level and, at a minimum, to the
genus level, of live aquatic organisms proposed for
importation; and
``(2) designate--
``(A) species with high or moderate probability of
undesirable impacts to areas within the boundaries of
the United States and contiguous areas of neighboring
countries, to which the species is likely to be spread
by human or natural means; and
``(B) species with respect to which there is
insufficient information to determine the risk category
based on guidelines issued pursuant to subsection
(b)(1)(B).
``(d) Evaluation.--
``(1) In general.--Not later than 180 days after the date
of promulgation of guidelines under subsection (b), in
consultation with regional panels convened under section 1203,
States, tribes, and other stakeholders, a Federal agency with
authority over an importation into the United States of a live
organism of a species not in trade and proposed for importation
into the United States shall screen the species in accordance
with guidelines promulgated under subsection (b).
``(2) Delegation and authority.--
``(A) In general.--Subject to subparagraph (B), if
no agency has authority described in paragraph (1) or
an agency delegates the screening to the Director under
subsection (h), the Director shall screen the organisms
in accordance with subsections (a) and (b).
``(B) United states fish and wildlife service.--The
Director may restrict or prohibit the importation of an
organism of a species not in trade if--
``(i) no other Federal agency has authority
to regulate the importation of the species in
trade; and
``(ii) the Director determines, based on an
evaluation that is consistent with the
screening requirements promulgated under
subsection (g), that the species in trade has a
high or moderate probability of an undesirable
impact to an area within the boundaries of the
United States or a contiguous area of a
neighboring country, to which the species may
be spread by human or natural means.
``(3) Multiple jurisdiction.--
``(A) In general.--Subject to subparagraph (B), if
more than 1 agency has jurisdiction over the
importation of a live organism, the agencies shall
conduct only 1 screening process in accordance with the
memorandum of understanding described in subsection (f)
(in consultation with National Oceanic and Atmospheric
Administrator).
``(B) Cultured aquatic organisms.--The Secretary of
Agriculture shall conduct screening of organisms
imported to be cultured.
``(e) Requirements.--A Federal agency of jurisdiction, 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)(2)(A);
``(2) prohibit the importation of any species described in
subsection (c)(2)(B), 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 subsection not later
than 180 days after receiving a complete request 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 agencies of jurisdiction regarding the
screening requirements of this section.
``(2) Contents.--The memorandum of understanding shall
contain, at a minimum--
``(A) a description of the relationship between and
responsibilities of the agencies of jurisdiction,
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 delegation
from other agencies of jurisdiction; and
``(C) the process by which agencies of jurisdiction
and the Invasive Species Council will coordinate and
share information required for the screening of
species.
``(g) Screening Requirements.--The Director shall promulgate
screening requirements consistent with the guidelines promulgated under
subsection (b) to evaluate any planned live aquatic species importation
(including an importation carried out by a Federal agency) from outside
the borders of the United States into waters of the United States that
is--
``(1) not otherwise subject to Federal authority to permit
the importation; or
``(2) delegated to the Director by another agency of
jurisdiction under subsection (h).
``(h) Delegation to Director.--Any agency with authority over the
planned importation of a live aquatic organism may delegate to the
Director the screening process carried out under this section.
``(i) Catalog of Species in Trade.--Not later than 1 year after the
date of enactment of the National Aquatic Invasive Species Act of 2005,
the Director of the United States Geological Survey and the Director of
the Smithsonian Environmental Research Center, in cooperation with
agencies with jurisdiction over planned importations of live organisms,
shall--
``(1) develop and, as necessary, update a catalog of
species in trade; and
``(2) include the list in the information provided to the
public pursuant to section 1102(f).
``(j) 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 to the
screening, guidelines, and process carried out under this
section.
``(2) Report.--The Invasive Species Council shall include
in its report to Congress required pursuant to section
1201(f)(2)(B)--
``(A) an evaluation of the effectiveness of the
screening processes carried out under this section;
``(B) the consistency of the application of the
screening process by agencies; and
``(C) recommendations for revisions of the
processes.
``(k) Prohibitions.--
``(1) In general.--Except as otherwise provided in this
section, it shall be unlawful to import a live aquatic organism
of a species not in trade.
``(2) Penalties.--
``(A) Civil penalty.--Any person that violates
paragraph (1) shall be liable for a civil penalty in an
amount not to exceed $50,000.
``(B) Criminal penalties.--Any person that
knowingly violates paragraph (1) is guilty of a class C
felony.
``(l) Fees.--The head of any agency that has jurisdiction 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 results of the process available to
the public (including international organizations).
``(n) Effect on Other Laws.--
``(1) In general.--Nothing in this section repeals,
supercedes, or modifies any provision of Federal or State law
relating to the screening process for aquatic species
importation.
``(2) More protective laws.--A State, the District of
Columbia, or a territory of the United States may adopt an
aquatic plant or animal importation law, regulation, or policy
that requires a more protective screening process for aquatic
species importation than the regulations and policies of this
section.''.
TITLE III--EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH
SEC. 301. EARLY DETECTION.
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section
202) is amended by adding at the end the following:
``SEC. 1106. EARLY DETECTION AND MONITORING.
``(a) In General.--Not later than 18 months after the date of
enactment of the National Aquatic Invasive Species Act of 2005, in
conjunction with the Council, the Task Force shall (based on the
standard protocol for early detection surveys developed under this
title), promulgate a set of sampling protocols, a geographic plan, and
budget to support a national system of ecological surveys to rapidly
detect recently-established aquatic invasive species in waters of the
United States.
``(b) Contents.--The protocols, plan, and budget shall, at a
minimum--
``(1) address a diversity of aquatic ecosystems of the
United States (including inland and coastal waters);
``(2) encourage State, local, port, and tribal
participation in monitoring;
``(3) balance scientific rigor with practicability,
timeliness, and breadth of sampling activity;
``(4) considers the pathways and organisms identified under
section 1210;
``(5) include a capacity to evaluate the impacts of
permitted importations screened by the processes established
under section 1105; and
``(6) include clear lines of communication with appropriate
Federal, State, and regional rapid response authorities.
``(c) Implementation.--Not later than 3 years after the date of
enactment of the National Aquatic Invasive Species Act of 2005, the
Director of the United States Geological Survey, the Administrator of
the National Oceanic and Atmospheric Administration, and the
Administrator (in consultation with the Invasive Species Council and in
coordination with other agencies and organizations) shall implement a
national system of ecological surveys that is--
``(1) carried out in cooperation with State, local, port,
tribal authorities, and other non-Federal entities (such as
colleges and universities); and
``(2) based on the protocols, plan, and budget published
under subsection (a) and any public comment.''.
SEC. 302. RAPID RESPONSE.
Subtitle C of title I of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) (as amended
by section 201) is amended by adding at the end the following:
``SEC. 1211. RAPID RESPONSE.
``(a) Emergency Rapid Response Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a revolving fund to assist States in
implementing rapid response measures for aquatic invasive
species, to be known as the `Emergency Rapid Response Fund'
(referred to in this subsection as the `Fund'), consisting of--
``(A) such amounts as are appropriated to the Fund
under section 1301(g)(2)(A); and
``(B) any interest earned on investment of amounts
in the Fund under paragraph (3).
``(2) Expenditures from fund.--
``(A) In general.--Subject to subparagraph (C), on
request by the Secretary of the Interior, the Secretary
of the Treasury shall transfer from the Fund to the
Secretary of the Interior such amounts as the Secretary
of the Interior determines are necessary to provide
financial assistance to a State or the Federal rapid
response team under subparagraph (B) to assist in
implementing rapid response measures for aquatic
invasive species.
``(B) State assistance.--
``(i) In general.--A State may submit to
the Secretary of the Interior an application
for emergency response assistance from the
Fund.
``(ii) Approval.--If the Secretary of the
Interior approves an application submitted
under clause (i), the Secretary shall use
amounts provided to the Secretary under
subparagraph (A)--
``(I) in a case in which a State
has in effect a rapid response
contingency strategy that is approved
under subsection (b), to provide
emergency response assistance to the
State; and
``(II) in a case in which the State
does not have a rapid response
contingency strategy approved under
subsection (b) in effect, to provide
emergency response assistance to the
Federal rapid response team established
under subsection (f).
``(iii) Additional funds.--If additional
amounts are needed for the conduct of emergency
response activities in the State, the Secretary
of the Interior may provide additional
assistance to the State or Federal rapid
response team under this paragraph.
``(C) Administrative expenses.--An amount not to
exceed 10 percent of the amounts in the Fund shall be
available for each fiscal year to pay the
administrative expenses necessary to carry out this
Act.
``(3) Investment of amounts.--
``(A) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury, required to
meet current withdrawals.
``(B) Interest-bearing obligations.--Investments
may be made only in interest-bearing obligations of the
United States.
``(C) Acquisition of obligations.--For the purpose
of investments under subparagraph (A), obligations may
be acquired--
``(i) on original issue at the issue price;
or
``(ii) by purchase of outstanding
obligations at the market price.
``(D) Sale of obligations.--Any obligation acquired
by the Fund may be sold by the Secretary of the
Treasury at the market price.
``(E) Credits to fund.--The interest on, and the
proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
``(4) Transfers of amounts.--
``(A) In general.--The amounts required to be
transferred to the Fund under this section shall be
transferred at least monthly from the general fund of
the Treasury to the Fund on the basis of estimates made
by the Secretary of the Treasury.
``(B) Adjustments.--Proper adjustment shall be made
in amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts
required to be transferred.
``(b) State Rapid Response Contingency Strategies.--The Task Force,
in consultation with the Invasive Species Council, shall approve a
rapid response contingency strategy of a State if the strategy--
``(1) identifies all key governmental and nongovernmental
partners to be involved in carrying out the strategy;
``(2) clearly designates the authorities and
responsibilities of each partner, including the authority of
any State or government of an Indian tribe to distribute
emergency funds;
``(3) specifies criteria for rapid response measures,
including a diagnostic system that--
``(A) distinguishes cases in which rapid response
has a likelihood of success and cases in which rapid
response has no likelihood of success;
``(B) distinguishes rapid response measures from
ongoing management and control of established
populations of aquatic invasive species; and
``(C) distinguishes instances in which the rate and
probability of organism dispersal is significantly
altered by vessel movements;
``(4) includes an early detection strategy that supports or
complements the early detection and monitoring system developed
under section 1108;
``(5) provides for a monitoring capability to assess--
``(A) the extent of infestations; and
``(B) the effectiveness of rapid response efforts;
``(6) to the maximum extent practicable, is integrated into
the State aquatic invasive species management plan approved
under section 1204;
``(7) to the maximum extent practicable, includes rapid
response tools that meet environmental criteria developed under
subsection (f)(4);
``(8) includes a public education and outreach component
directed at--
``(A) potential pathways for spread of aquatic
invasive species; and
``(B) persons involved in industries and
recreational activities associated with those pathways;
and
``(9) to the extent that the strategy involves vessels,
conforms with guidelines issued by the Secretary under
subsection (d)(2).
``(c) Regional Rapid Response Contingency Strategies.--The Task
Force, with the concurrence of the Invasive Species Council and in
consultation with the regional panels of the Task Force established
under section 1203, shall encourage the development of regional rapid
response contingency strategies that--
``(1) provide a consistent and coordinated approach to
rapid response; and
``(2) are approved by--
``(A) the Secretary; and
``(B) the Governors and Indian tribes having
jurisdiction over areas within a region.
``(d) Model Rapid Response Contingency Strategies.--Not later than
18 months after the date of enactment of the National Aquatic Invasive
Species Act of 2005--
``(1) the Task Force, with the concurrence of the Invasive
Species Council and the regional panels of the Task Force
established under section 1203, shall develop--
``(A) a model State rapid response contingency
strategy (including rapid assessment capability) for
aquatic invasive species that meets, to the maximum
extent practicable, the requirements of paragraphs (1)
through (9) of subsection (b); and
``(B) a model regional rapid response contingency
strategy (including rapid assessment capability) for
aquatic invasive species; and
``(2) the Secretary, in concurrence with the Task Force and
the regional panels of the Task Force, shall issue guidelines
that describe vessel-related requirements that may be used in a
rapid response contingency strategy approved under this
section.
``(e) Cost Sharing.--
``(1) State rapid response contingency strategies.--The
Federal share of the cost of activities carried out under a
State rapid response contingency strategy approved under
subsection (b) shall be not less than 50 percent.
``(2) Regional rapid response contingency strategies.--The
Federal share of the cost of activities carried out under a
regional rapid response contingency strategy approved under
subsection (c) shall be not less than 75 percent.
``(3) Form of non-federal share.--The non-Federal share
required under paragraph (1) or (2) may be in the form of in-
kind contributions.
``(f) Federal Rapid Response Teams.--
``(1) Establishment of teams.--Not later than 1 year after
the date of enactment of the National Aquatic Invasive Species
Act of 2005, the Invasive Species Council, in coordination with
the Task Force and the heads of appropriate Federal agencies,
shall establish a Federal rapid response team for each of the
10 Federal regions that comprise the Standard Federal Regional
Boundary System.
``(2) Duties of teams.--Each Federal rapid response team
shall, at a minimum--
``(A) implement rapid eradication or control
responses for newly detected aquatic invasive species
on Federal and tribal land;
``(B) carry out, or assist in carrying out, rapid
responses for newly detected aquatic invasive species
on non-Federal land at the request of a State, Indian
tribe, or group of States or Indian tribes;
``(C) provide training and expertise for State,
tribal, or regional rapid responders;
``(D) provide central sources of information for
rapid responders;
``(E) maintain a list of researchers and rapid
response volunteers; and
``(F) in carrying out any rapid response activity
with respect to an aquatic noxious weed listed under
section 412(f) of the Plant Protection Act (7 U.S.C.
7712(f)), include representatives of the Animal and
Plant Health Inspection Service.
``(3) Criteria for identifying cases of rapid response
warranting federal assistance.--Not later than 1 year after the
date of enactment of the National Aquatic Invasive Species Act
of 2005, the Task Force, with the concurrence of the Invasive
Species Council, shall develop criteria to identify cases
warranting Federal assistance for rapid assessment and response
under this subsection, including indicative criteria relating
to, at a minimum--
``(A) the extent to which infestations of aquatic
invasive species may be managed successfully by rapid
response;
``(B) the extent to which rapid response efforts
may differ from ongoing management and control; and
``(C) the extent to which infestations of
nonindigenous aquatic invasive species are considered
to be an acute or chronic threat to--
``(i) biodiversity of native aquatic
organisms;
``(ii) habitats of native fish and
wildlife; or
``(iii) human health.
``(4) Environmental criteria.--Not later than 1 year after
the date of enactment of the National Aquatic Invasive Species
Act of 2005, the Administrator, in consultation with the
Invasive Species Council, the Secretary of Transportation, the
Task Force (including regional panels of the Task Force
established under section 1203), the Director, and the Director
of the National Marine Fisheries Service, shall develop
environmental criteria to minimize nontarget environmental
impacts of rapid responses carried out pursuant to this
section.''.
SEC. 303. DISPERSAL BARRIERS.
Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4722) is amended--
(1) by redesignating subsections (j) and (k) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (i) the following:
``(j) National Dispersal Barrier Program.--
``(1) Chicago river ship and sanitary canal dispersal
barrier project.--
``(A) Existing barrier.--The Assistant Secretary
shall upgrade and make permanent, at full Federal
expense, the existing Chicago sanitary and ship canal
dispersal barrier in Chicago, Illinois, constructed as
a demonstration project under subsection (i)(3).
``(B) New barrier.--Notwithstanding the project
cooperation agreement with the State of Illinois dated
November 21, 2003, the Secretary shall construct, at
full Federal expense, the Chicago sanitary and ship
canal dispersal barrier authorized by section 1135 of
the Water Resources Development Act of 1986 (33 U.S.C.
2309a).
``(C) Operation and maintenance.--The Chicago
sanitary and ship canal dispersal barriers described in
subparagraphs (A) and (B) shall be operated and
maintained as a system by the Corps of Engineers, at
full Federal expense, in such a manner as the Chief
Engineer determines optimizes the effectiveness of the
barriers.
``(D) Credit.--
``(i) In general.--The Assistant Secretary
shall provide to each State a credit in an
amount equal to the proportion that--
``(I) the amount of funds
contributed by the State toward the
authorized dispersal barriers described
in subparagraphs (A) and (B); bears to
``(II) the amount of funds
contributed by all States toward the
authorized dispersal barriers described
in subparagraphs (A) and (B).
``(ii) Use of credit.--A State may apply a
credit received under clause (i) to any
existing or future project of the Corps of
Engineers in that State.
``(E) Feasibility study of chicago river ship and
sanitary canal.--
``(i) In general.--Not later than 3 years
after the date of enactment of the National
Aquatic Invasive Species Act of 2005, the
Assistant Secretary, in consultation with
appropriate Federal, State, local, and non-
governmental entities, shall conduct a
feasibility study of the full range of options
available to prevent the spread of aquatic
invasive species through the Chicago River Ship
and Sanitary Canal dispersal barrier.
``(ii) Matters to be studied.--The study
shall--
``(I) provide recommendations
concerning additional measures and
long-term measures necessary to improve
the performance of the Chicago River
Ship and Sanitary Canal dispersal
barrier; and
``(II) examine methods and measures
necessary to achieve, to the maximum
extent practicable--
``(aa) 100 percent efficacy
of the barrier with respect to
aquatic invasive species of
fish; and
``(bb) maximum efficacy of
the barrier with respect to
other taxa of aquatic invasive
species.
``(F) Reimbursement.--The State of Illinois shall
be reimbursed for all State funds expended on the
planning, design, construction, and operation and
maintenance of the project identified, along with any
subsequent modifications, in the report entitled
`Aquatic Nuisance Species Dispersal Barrier II', dated
December 2002, issued under section 1135 of the Water
Resources Development Act of 1986 (33 U.S.C. 2294 note;
100 Stat. 4251).
``(2) Monitoring program.--
``(A) Establishment.--Not later than 1 year after
the date of enactment of the National Aquatic Invasive
Species Act of 2005, the Secretary of the Interior
shall establish an interbasin and intrabasin monitoring
program.
``(B) Required elements.--The monitoring program
shall--
``(i) track aquatic invasive species moving
through--
``(I) the Chicago River Ship and
Sanitary Canal;
``(II) the Lake Champlain Canal;
``(III) other interbasin waterways;
and
``(IV) major river systems (such as
the Mississippi River), as recommended
by regional panels convened under
section 1203, in which interbasin
transfers of aquatic invasive species
have been shown to pose a significant
threat to fish and wildlife resources;
``(ii) assess the efficacy of dispersal
barriers and other measures in preventing the
spread of aquatic invasive species through the
waterways; and
``(iii) identify waterways suitable for
dispersal barrier demonstration projects, in
addition to the waterways at which dispersal
barrier demonstration projects were carried out
before the date of enactment of the National
Aquatic Invasive Species Act of 2005.
``(C) Reports.--The Secretary of the Interior shall
issue biennial reports describing the findings of the
monitoring program.
``(3) Prevention and mitigation plans for corps projects.--
In developing projects involving interbasin waterways or other
hydrologic alterations that could create pathways for aquatic
invasive species, the Assistant Secretary shall develop
adequate prevention and mitigation plans for controlling the
dispersal of the aquatic invasive species.
``(4) Technical assistance.--The Administrator of the
National Oceanic and Atmospheric Administration, acting through
the Great Lakes Environmental Research Laboratory, shall
provide technical assistance to appropriate entities to assist
in the research conducted under this subsection.
``(5) Additional waterways.--The Assistant Secretary, with
the concurrence of the Administrator, and other relevant
Federal agencies, shall--
``(A) identify additional waterways suitable for
the construction of new dispersal barriers (based on
the monitoring program established under paragraph
(2));
``(B) determine the feasibility of a dispersal
barrier project at the Lake Champlain Canal and in the
Upper Mississippi River and, if feasible, establish a
plan for a dispersal barrier at the Lake Champlain
Canal and in the Upper Mississippi River; and
``(C) construct, maintain, and operate such
dispersal barriers as necessary.
``(6) Reports.--Not later than 3 years after the date of
enactment of the National Aquatic Invasive Species Act of 2005,
the Assistant Secretary and the Director shall jointly submit
to Congress a report that describes--
``(A) the efficacy of the Chicago River Ship and
Sanitary Canal dispersal barrier project; and
``(B) a plan to provide for additional dispersal
barrier demonstration projects and related research
projects.''.
SEC. 304. ENVIRONMENTAL SOUNDNESS.
Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4722) (as amended by section 303) is
amended by inserting after subsection (j) the following:
``(k) Improvement of Treatment Methods for Aquatic Invasive
Species.--
``(1) Criteria to evaluate environmental soundness of
treatment methods.--
``(A) In general.--Not later than 1 year after the
date of enactment of the National Aquatic Invasive
Species Act of 2005, the Administrator, in consultation
with the Secretary, the Invasive Species Council, and
the Task Force (including any regional panels of the
Task Force) shall promulgate criteria to evaluate the
treatment methods described in subparagraph (B) for the
purpose of ensuring that the treatment methods pose no
significant threat of adverse effect on human health,
public safety, or the environment (including air
quality and the aquatic environment) that is acute,
chronic, cumulative, or collective.
``(B) Treatment methods.--The treatment methods
referred to in subparagraph (A) are all mechanical,
physical, chemical, biological, and other treatment
methods used in bodies of water of the United States
(regardless of whether the bodies of water are
navigable and regardless of the origin of the waters),
to prevent, treat, or respond to the introduction of
aquatic invasive species.
``(C) Consultation.--In carrying out subparagraph
(A), the Administrator shall consult with--
``(i) the Secretary of Transportation;
``(ii) the Task Force (including the
regional panels of the Task Force established
under section 1203);
``(iii) the Director;
``(iv) the Assistant Secretary;
``(v) the Director of the National Marine
Fisheries Service; and
``(vi) relevant State agencies.
``(2) Publication of information on environmentally sound
treatment methods.--The Administrator, in consultation with the
Invasive Species Council, shall publish (not later than 1 year
after the date of enactment of the National Aquatic Invasive
Species Act of 2005) and update annually--
``(A) a list of environmentally sound treatment
methods that may apply to a potential aquatic invasive
species response effort;
``(B) accompanying research that supports the
environmental soundness of each approved treatment
method; and
``(C) explicit guidelines under which each
treatment method can be used in an environmentally
sound manner.
``(3) Reports.--The Invasive Species Council and Task Force
shall include the information described in paragraph (2) in the
reports submitted under section 1201(f)(2)(B).''.
SEC. 305. INFORMATION, EDUCATION, AND OUTREACH.
Section 1202(h) of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4722(h)) is amended--
(1) by striking ``(h) education.--The Task Force'' and
inserting the following:
``(h) Information, Education, and Outreach.--
``(1) In general.--The Task Force''; and
(2) by adding at the end the following:
``(2) Activities.--
``(A) In general.--The programs carried out under
paragraph (1) shall include the activities described in
this paragraph.
``(B) Public outreach.--
``(i) Public warnings.--Not later than 180
days after the date of enactment of the
National Aquatic Invasive Species Act of 2005,
each Federal officer of an agency that provides
Federal funds to States for building or
maintaining public access points to United
States water bodies shall amend the guidelines
of the agency, in consultation with relevant
State agencies, to encourage the posting of
regionally-specific public warnings or other
suitable informational and educational
materials at the access points regarding--
``(I) the danger of spread of
aquatic invasive species through the
transport of recreational watercraft;
and
``(II) methods for removing
organisms prior to transporting a
watercraft.
``(ii) Cleaning of watercraft at marinas.--
Not later than 1 year after the date of
enactment of the National Aquatic Invasive
Species Act of 2005, the Under Secretary and
the Director (in cooperation with the Task
Force and in consultation with the States,
relevant industry groups, and Indian tribes)
shall develop an education, outreach, and
training program directed toward marinas and
marina operators regarding--
``(I) checking watercraft for live
organisms;
``(II) removing live organisms from
the watercraft before the watercraft
are commercially or recreationally
trailered;
``(III) encouraging regular hull
cleaning and maintenance, avoiding in-
water hull cleaning; and
``(IV) other activities, as
identified by the Secretary.
``(iii) Proper disposal of nonindigenous
live aquatic organisms in trade.--The Task
Force shall--
``(I) not later than 1 year after
the date of enactment of the National
Aquatic Invasive Species Act of 2005,
develop (in consultation with industry
and other affected parties) guidelines
for proper disposal of live
nonindigenous aquatic organisms in
trade; and
``(II) use the guidelines in
appropriate public information and
outreach efforts.
``(C) 100th meridian program.--
``(i) In general.--Not later than 1 year
after the date of enactment of the National
Aquatic Invasive Species Act of 2005, the Task
Force shall expand the information and
education program directed at recreational
boaters in States from which watercraft are
transported westward across the 100th meridian.
``(ii) Activities.--In carrying out the
program, the task force shall--
``(I) survey owners of watercraft
transported westward across the 100th
meridian to determine the States of
origin of most such owners;
``(II) provide information directly
to watercraft owners concerning the
importance of cleaning watercraft
carrying live organisms before
transporting the watercraft; and
``(III) support education and
information programs of the States of
origin to ensure that the State
programs address westward spread.
``(D) Information and education program by national
park service.--The Secretary of the Interior, acting
through the Director of the National Park Service,
shall develop a program to provide public outreach and
other educational activities to prevent the spread of
aquatic invasive species by recreational watercraft in
parkland or through events sponsored by the National
Park Service.
``(3) Outreach to industry.--The Task Force, in conjunction
with the Invasive Species Council, shall carry out activities
to inform and promote voluntary cooperation and regulatory
compliance by members of the national and international
maritime, horticultural, aquarium, aquaculture, pet trade, and
other appropriate industries with screening, monitoring, and
control of the transportation of aquatic invasive species.
``(4) Public access to monitoring information.--The Task
Force, the Invasive Species Council, and other relevant
agencies, shall maintain information on the Internet
regarding--
``(A) the best approaches for the public and
private interests to use in assisting with national
early detection and monitoring of aquatic invasive
species in waters of the United States;
``(B) contact locations for joining a national
network of monitoring stations;
``(C) approved State Management Plans under section
1204(a) and Rapid Response Contingency Strategies under
subsections (b) and (c) of section 1211; and
``(D) the list of potential invaders under section
1201(a)(4).''.
TITLE IV--AQUATIC INVASIVE SPECIES RESEARCH
SEC. 401. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RESEARCH.
(a) In General.--Subtitle B of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended
by section 301) is amended by adding at the end the following:
``SEC. 1107. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RESEARCH.
``(a) Definition of Administering Agencies.--
``(1) In general.--In this section and section 1108, the
term `administering agencies' means--
``(A) the Smithsonian Environmental Research
Center;
``(B) the United States Geological Survey; and
``(C) the National Oceanic and Atmospheric
Administration (including the Great Lakes Environmental
Research Laboratory).
``(2) Memorandum of understanding.--The administering
agencies shall enter into an agreement regarding implementation
of this subtitle.
``(3) Consultation.--In carrying out this section, the
administering agencies shall consult with--
``(A) the Task Force;
``(B) the Environmental Protection Agency;
``(C) the United States Fish and Wildlife Service;
and
``(D) other appropriate Federal and State agencies.
``(4) Cooperation.--In carrying out this section, the
administering agencies shall contract, as appropriate, or
otherwise cooperate with academic researchers.
``(b) Program.--The administering agencies shall develop (not later
than 18 months after the date of enactment of the National Aquatic
Invasive Species Act of 2005) and conduct a marine and freshwater
research program (including ecological and pathway surveys and
experimentation) to assess rates of, patterns of, and conditions
surrounding introductions of nonindigenous aquatic species in aquatic
ecosystems.
``(c) Purpose.--The purpose of the program is to support efforts to
prevent the introduction of, and detect and eradicate, invasive species
by--
``(1) providing information for--
``(A) early detection and rapid response efforts;
and
``(B) relevant policy questions; and
``(2) assessing the effectiveness of implemented policies
(including any standard) to prevent the introduction and spread
of aquatic invasive species.
``(d) Protocol Development.--The administering agencies shall--
``(1) establish standardized protocols for conducting
surveys that are integrated and produce comparable data, and,
as practicable, build on existing protocols and data collection
methods (including surveys required under subsection (b)),
including--
``(A) protocols to support early detection surveys
of nonindigenous aquatic species conducted by Federal,
State, or local agencies involved in the management of
invasive species, including surveys carried out
pursuant to section 1106;
``(B) protocols to support comprehensive ecological
surveys conducted under this section for purposes of
research and analysis of rates and patterns of
invasions; and
``(C) protocols to support pathway surveys;
``(2) recommend a standardized approach for classifying
species;
``(3) when proposing protocols, consider recommendations
made at the workshop conducted under subsection (h);
``(4) subject the protocols to peer review;
``(5) complete the protocols not later than 1 year after
the date of enactment of the National Aquatic Invasive Species
Act of 2005;
``(6) revise protocols as necessary; and
``(7) disseminate the protocols to the Task Force and other
Federal, State, and local stakeholders.
``(e) Ecological and Pathway Survey Requirements.--
``(1) In general.--Each comprehensive ecological survey
conducted under this section shall, at a minimum--
``(A) document baseline ecological information of
the aquatic ecosystem, including--
``(i) to the maximum extent practicable, a
comprehensive inventory of native species,
nonindigenous species, and species of unknown
origin, present in the ecosystem; and
``(ii) the chemical and physical
characteristics of water and underlying
substrate in the ecosystem;
``(B) in the case of nonindigenous species, gather
information to assist in identifying--
``(i) the life history of the species;
``(ii) the environmental requirements and
tolerances of the species;
``(iii) the native ecosystems of the
species; and
``(iv) the history of the species spread
from the native ecosystems of the species;
``(C) track the establishment of nonindigenous
species, including information about the estimated
population of nonindigenous organisms to allow an
analysis of the probable date of introduction of the
species; and
``(D) identify the likely pathway of entry of
nonindigenous species.
``(2) Minimum requirements.--Each pathway survey conducted
under this section shall, at a minimum--
``(A) identify which nonindigenous aquatic species
are being introduced, or have the potential to be
introduced, through the pathways under consideration;
``(B) determine the rate of organism introduction
through the pathways under consideration; and
``(C) determine the practices that contributed to
or could contribute to the introduction of
nonindigenous aquatic species through the pathways
under consideration.
``(f) Number and Location of Survey Sites.--
``(1) Required sites.--The administering agencies shall
designate the number and location of survey sites necessary to
carry out marine and freshwater research required under this
section.
``(2) Emphasis.--In carrying out paragraph (1) and
subsection (g), the administering agencies shall give
particular consideration to--
``(A) the geographic diversity of sites; and
``(B) the diversity of human uses and biological
characteristics of sites.
``(g) Competitive Grant Program.--
``(1) In general.--In order to assist in carrying out
subsections (b) and (i), the administering agencies (acting
through the National Oceanic and Atmospheric Administration)
shall administer a program to award grants to academic
institutions, State agencies, and other appropriate groups.
``(2) Administration.--The program required under this
section shall be competitive, peer-reviewed, and merit-based.
``(h) Workshop.--Not later than 120 days after the date of
enactment of the National Aquatic Invasive Species Act of 2005, to
assist in the development of the protocols and design for the surveys
under this section, the administering agencies shall--
``(1) convene a workshop among researchers from Federal and
State agencies and academic institutions to obtain
recommendations for the development of the protocols and
surveys; and
``(2) make the results of the workshop widely available to
the public.
``(i) Experimentation.--The administering agencies shall conduct
(at existing field stations and such other sites as may be appropriate)
coordinated experiments on a range of taxonomic groups to identify--
``(1) the relationship between the introduction and
establishment of nonindigenous aquatic species; and
``(2) the circumstances necessary for the species to
survive and thrive.
``(j) National Pathways and Ecological Surveys Database.--
``(1) In general.--The United States Geological Survey
shall develop, maintain, and update, in consultation and
cooperation with the Smithsonian Environmental Research Center
and the National Oceanic and Atmospheric Administration, a
central national database of information concerning information
collected under section 1107(b).
``(2) Requirement.--The United States Geological Survey
shall--
``(A) make the database widely available to the
public;
``(B) update the database not less often than once
every 90 days;
``(C) coordinate the database with existing
databases collecting similar information; and
``(D) to the maximum extent practicable, format the
databases in a manner such that the data is useful for
researchers and Federal and State employees managing
relevant invasive species programs.''.
(b) Vessel Pathway Surveys.--Section 1102(b)(2)(B) of Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4712(b)(2)(B)) is amended by striking clause (ii) and inserting the
following:
``(ii) examine other potential modes for
the introduction of nonindigenous aquatic
species by vessel, including hull fouling.''.
SEC. 402. ANALYSIS.
(a) In General.--Subtitle B of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended
by section 401(a)) is amended by adding at the end the following:
``SEC. 1108. ANALYSIS.
``(a) Invasion Analysis.--
``(1) In general.--Not later than 3 years after the date of
enactment of the National Aquatic Invasive Species Act of 2005,
and annually thereafter, the administering agencies shall
analyze data collected under section 1107 and other relevant
research, for the purpose of preventing the introduction of,
detecting, and eradicating invasive species by--
``(A) providing information for early detection and
rapid response efforts;
``(B) providing information for relevant policy
questions; and
``(C) assessing the effectiveness of implemented
policies to prevent the introduction 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 to--
``(i) identify, and characterize as
high-, medium-, or low-risk, regional and
national pathways for the introduction of
nonindigenous aquatic species into aquatic
ecosystems;
``(ii) identify new and expanding pathways
through which nonindigenous aquatic species may
be introduced into aquatic ecosystems;
``(iii) identify handling practices that
contribute to the introduction of species in
pathways; and
``(iv) assess the risk that species
currently used in commerce pose for
introduction into aquatic ecosystems;
``(B) include patterns and rates of invasion and
susceptibility to invasion of various types of bodies
of water;
``(C) consider the ways in which the risk of
establishment of an aquatic invasive species through a
pathway is related to the identity and number of
organisms transported;
``(D) consider rates of spread and numbers and
types of pathways of spread of new populations of the
aquatic invasive species and estimate the potential for
the spread and distribution of newly introduced
invasive species based on the environmental
requirements and historical distribution of the
species;
``(E) document factors that influence the
vulnerability of an ecosystem to invasion by a
nonindigenous aquatic species;
``(F) include a description of the potential for,
and impacts of, pathway management programs on invasion
rates;
``(G) provide recommendations for improvements on
the effectiveness of pathway management;
``(H) to the extent practicable, determine the
level of reduction in live organisms of various
taxonomic groups required to reduce to an acceptable
level the risk of establishment to receiving aquatic
ecosystems; and
``(I) evaluate the effectiveness of management
actions (including any standard) at reducing species
introductions and establishment.
``(3) Report.--The administering agencies shall submit to
the Task Force a report on analyses conducted under this
section.
``(b) Research To Assess the Potential of the Establishment of
Introduced Species.--
``(1) In general.--Not later than 2 years after the date of
enactment of the National Aquatic Invasive Species Act of 2005,
the administering agencies shall develop, conduct peer review
of, and submit to the Task Force a profile of the general
characteristics of invasive species, in order to--
``(A) predict, to the extent practicable, whether a
species planned for importation is likely to invade a
particular aquatic ecosystem if introduced; and
``(B) support the development of the screening
process authorized under section 1105.
``(2) Research.--In developing the profile, the
administering agencies shall analyze the research conducted
under section 1107 and other research as necessary to
determine--
``(A) characteristics of general species and
ecosystems (taking into account the opportunity for
introduction into any ecosystem); and
``(B) circumstances that may lead to establishment
of a nonindigenous aquatic organism.
``(3) Recommendations.--Based on the profile, the
administering agencies shall develop and submit to the Task
Force, for inclusion in the report to Congress developed under
section 1201(f)(2)(B), recommendations concerning which planned
importation of nonindigenous aquatic organisms warrant
restriction under section 1105.
``SEC. 1109. DISSEMINATION.
``(a) In General.--The Invasive Species Council, in coordination
with the Task Force, and the administering agencies shall disseminate
the information collected under this Act to Federal, State, and local
entities (including relevant policymakers and private researchers with
responsibility over or interest in aquatic invasive species).
``(b) Reports.--The Invasive Species Council shall--
``(1) not later than 3 years after the date of enactment of
the National Aquatic Invasive Species Act of 2005, submit to
Congress a report that describes the actions and findings
carried out under this Act; and
``(2) at least once every 3 years thereafter or more often
as necessary, update the report.
``(c) Response Strategy.--To enable Federal, State, and local
entities having responsibility for responding to the introduction of
potentially harmful nonindigenous aquatic species to better and more
rapidly respond to those introductions, the Invasive Species Council,
in coordination with the Task Force, the administering agencies, and
other appropriate Federal and State agencies, shall implement a
national strategy for the sharing of information collected under this
Act with those entities.
``(d) Pathway Practices.--The Invasive Species Council, in
coordination with the Task Force, and the administering agencies shall
disseminate information to, and develop an ongoing educational program
for, pathway users (including vendors and customers) to inform those
users about means by which users can prevent the intentional or
unintentional introduction of nonindigenous aquatic species into
aquatic ecosystems.
``SEC. 1110. TECHNOLOGY DEVELOPMENT DEMONSTRATION AND VERIFICATION-.
``(a) Environmentally Sound Technology Development, Demonstration
and Verification.--
``(1) In general.--Not later than 1 year after the date of
enactment of the National Aquatic Invasive Species Act of 2005,
the Administrator, in consultation with the Army Corps of
Engineers and the administering agencies, shall develop and
implement a grant program to fund research, development,
demonstration, and verification of environmentally sound cost-
effective technologies and methods to control and eradicate
aquatic invasive species.
``(2) Purposes.--Proposals funded under this program
shall--
``(A) provide funds to support on-going efforts of
Federal, State, or local officials 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 the demonstration or
dissemination of the technologies or methods to
potential end-users; and
``(D) verify that any technology or practice meets
any appropriate criteria developed for effectiveness
and environmental soundness that are established by the
Administrator.
``(3) Preference.--In making grants under this subsection,
the Administrator shall give preference to proposals that meet
criteria developed for environmental soundness that are
established by the Administrator.
``(4) Merit review.--Grants awarded through this subsection
shall be awarded through a competitive, peer-reviewed process
and shall be merit-based.
``(5) Report.--Not later than 3 years after the date of
enactment of the National Aquatic Invasive Species Act of 2005,
the Administrator shall submit to Congress a report on the
program conducted under this subsection, including findings and
recommendations of the Secretary with respect to technologies
and methods described in paragraph (1).
``(b) Dispersal Barrier Research Program.--Not later than 1 year
after the date of enactment of the National Aquatic Invasive Species
Act of 2005, the Assistant Secretary, in conjunction with the Director
and other appropriate Federal agencies and academic researchers, shall
establish a research, development, and demonstration program--
``(1) to study environmentally sound methods and
technologies to reduce dispersal of aquatic invasive species
through interbasin waterways; and
``(2) to assess the potential for using those methods and
technologies in other waterways.''.
(b) Expansion of Vessel Pathway Technology Demonstration Program.--
Section 1104(b) of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4712(b)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(7) and (8), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Additional purposes.--The Secretary of the Interior
and the Secretary of Commerce may demonstrate and verify
technologies under this subsection to monitor and control
pathways of organism transport on vessels other than through
ballast water.
``(5) Priority.--In making grants under this subsection,
the Secretary of the Interior and the Secretary of Commerce
shall give priority to technologies that meet criteria
established in any testing protocol developed under the
Environmental Technology Verification program of the
Administrator.
``(6) Workshop.--The Secretary of the Interior and the
Secretary of Commerce shall--
``(A) hold an annual workshop to encourage the
exchange of information between and among--
``(i) principal investigators for which
funds are made available under this subsection;
and
``(ii) researchers conducting research
directly relating to vessel pathway technology
development; and
``(B) make the results of the proceedings widely
available to the public.''.
SEC. 403. VESSEL PATHWAY STANDARDS RESEARCH.
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section
402(a)) is amended by adding at the end the following:
``SEC. 1111. VESSEL PATHWAY STANDARDS RESEARCH.
``(a) Research Program.--
``(1) In general.--The Secretary and the Administrator (in
coordination with the National Oceanic and Atmospheric
Administration, the Task Force, and other appropriate Federal
agencies and academic researchers) shall develop and conduct a
coordinated research program to support the establishment and
implementation of standards to prevent the introduction and
spread of aquatic invasive species by vessels.
``(2) Components.--The research program shall include
programs to--
``(A) characterize physical, chemical, and
biological harbor conditions relevant to ballast
discharge into waters of the United States to provide
information for the design and implementation of vessel
vector control technologies and practices;
``(B) develop testing protocols for determining the
effectiveness of vector monitoring and control
technologies and practices;
``(C) research and demonstrate methods for
mitigating the spread of aquatic invasive species by
coastal voyages, including the exploration of the
effectiveness of alternative exchange zones in the near
coastal areas and other methods proposed to reduce the
transfers of organisms;
``(D) verify the practical effectiveness of any
type approval process to ensure that the process
produces repeatable and accurate assessments of
treatment effectiveness; and
``(E) evaluate the effectiveness and residual risk
and environmental impacts associated with any standard
established with respect to a ship pathway through
experimental research.
``(b) Performance Test.--Not later than 1 year after the date of
enactment of the National Aquatic Invasive Species Act of 2005, the
Secretary, in conjunction 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 of Sciences Study.--
``(1) In general.--The Secretary shall enter into an
agreement with the National Academy of Sciences under which the
Academy shall--
``(A) identify the relative risk of transfer of
various taxonomic groups of invasive species by
different vessel modes;
``(B)(i) assess the extent to which a ballast water
standard that virtually eliminates the risk of
introduction of invasive species by ballast water may
relate to the risk of introductions by all vessel
modes; and
``(ii) explain the degree of uncertainty in such an
assessment; and
``(C)(i) recommend methods for reducing the
transfers of invasive species by vessels by addressing
all parts and systems of vessels and all related modes
of transport of invasive organisms; and
``(ii) identify the research, development, and
demonstration needed to improve the information base to
support those methods, including economic information.
``(2) Report.--Not later than 2 years after the date of
enactment of the National Aquatic Invasive Species Act of 2005,
the Secretary shall submit to Congress a report that describes
the results of the study under paragraph (1).
``(3) Implementation of recommendations.--Not later than
the later of the date that is 1 year after the date of
submission of the report under paragraph (2) or the date that
is 3 years after the date of enactment of the National Aquatic
Invasive Species Act of 2005, the Task Force, in conjunction
with the Administrator, administering agencies, and other
appropriate Federal agencies, shall submit to the Secretary a
report that describes recommendations for--
``(A) a vessel pathway treatment standard that
incorporates all potential modes of transfer by vessel;
and
``(B) methods for type approval and accurate
monitoring of treatment performance that are simple and
streamlined and follow established protocols.
``(d) Working Group.--
``(1) In general.--Not later than 2 years after the date of
issuance by the Secretary of any standard relating to the
introduction by vessels of invasive species, the Secretary
shall convene a working group (including the Administrator, the
administering agencies, and other appropriate Federal and State
agencies and academic researchers) to evaluate the
effectiveness of that standard and accompanying implementation
protocols.
``(2) Duties.--The duties of the working group shall
include, at a minimum--
``(A) reviewing the effectiveness of the standard
in reducing the establishment of invasive species in
aquatic ecosystems, taking into consideration the data
collected under section 1107; and
``(B) submitting recommendations to the Secretary
(who shall make the recommendations widely available to
the public) for the revision of the standard and type
approval process in order to ensure--
``(i) effectiveness in reducing
introductions of invasive species; and
``(ii) the effectiveness of accurate
shipboard monitoring of treatment performance
in a simple and streamlined manner.''.
SEC. 404. GRADUATE EDUCATION IN SYSTEMATICS AND TAXONOMY.
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section
403) is amended by adding at the end the following:
``SEC. 1112. 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 in systematics and
taxonomy.
``(b) Purposes.--The purposes of the program are--
``(1) to encourage scientists to pursue careers in
systematics and taxonomy to ensure a continuing knowledge base
in those disciplines;
``(2) to ensure that there will be adequate expertise in
systematics and taxonomy to meet Federal, State, and local
needs to identify invasive species;
``(3) to develop that expertise throughout the United
States with an emphasis on regional diversity; and
``(4) to draw on existing expertise in systematics and
taxonomy at institutions of higher education and museums to
train the next generation of systematists and taxonomists.
``(c) Administration.--
``(1) Merit review.--Grants awarded through this section
shall be awarded through a competitive, peer-reviewed process
and shall be merit-based.
``(2) Preferences.--In making grants under this section,
the National Science Foundation shall provide a preference
for--
``(A) projects in a diverse set of ecosystems and
geographic locations;
``(B) if applicable, projects that are integrated
with the Long Term Ecological Research Network created
by the National Science Foundation;
``(C) projects that include student participation;
and
``(D) projects carried out by institutions of
higher education and museums that actively train
students to become experts in systematics and
taxonomy.''.
TITLE V--COORDINATION
SEC. 501. PROGRAM COORDINATION.
(a) Membership of Task Force.--Section 1201(b) of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is
amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (12); and
(3) by inserting after paragraph (6) the following:
``(7) the Director of the United States Geological Survey;
``(8) the Director of the Smithsonian Environmental
Research Center;
``(9) the Secretary of State;
``(10) the Secretary of Transportation;
``(11) the Secretary of Homeland Security; and''.
(b) Coordination With Invasive Species Council.--Section 1201(f) of
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990
(16 U.S.C. 4721(f)) is amended--
(1) by striking ``Each Task Force member'' and inserting
the following:
``(1) In general.--Each member of the Task Force''; and
(2) by adding at the end the following:
``(2) Invasive species council.--The Invasive Species
Council shall--
``(A) coordinate and cooperate with the Task Force
in carrying out the duties of the Invasive Species
Council relating to aquatic invasive species;
``(B) not later than 2 years after the date of
enactment of the National Aquatic Invasive Species Act
of 2005, and every 3 years thereafter, submit to
Congress a report that summarizes the status of the
conduct of activities authorized by and required under
this Act; and
``(C) establish any regional panels or task forces
in coordination with the regional panels of the Task
Force convened under section 1203.''.
(c) Coordination With Other Programs.--Section 1202(c) of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4722(c)) is amended by adding at the end the following:
``(3) Recommendations for lists.--
``(A) In general.--The Task Force shall annually
recommend to Federal agencies of jurisdiction such
additions of aquatic invasive species as the Task Force
determines to be appropriate for inclusion on--
``(i) any list of species of wildlife
covered by section 42 of title 18, United
States Code (including regulations); or
``(ii) any list of noxious weeds under the
Plant Protection Act (7 U.S.C. 7701 et seq.)
(including regulations promulgated under that
Act contained in part 360 of title 7, Code of
Federal Regulations (or any successor
regulations)).
``(B) Process.--The Task Force may use the
screening process developed pursuant to section 1105 to
identify species pursuant to subparagraph (A).''.
(d) Regional Coordination.--Section 1203 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4723) is
amended by adding at the end the following:
``(d) Annual Inter-Regional Meeting.--The Task Force shall annually
convene all regional panels established pursuant to this Act for the
purpose of information transfer between and among panels, and between
the panels and the Task Force, regarding aquatic invasive species
management.
``(e) Organizations.--
``(1) In general.--An interstate organization that has a
Federal charter authorized by law or executive order for
purposes of fisheries or natural resource management may
develop and implement--
``(A) regional aquatic invasive species management
plans; and
``(B) rapid response activities that are--
``(i) requested by the Governors of the
member States of the organization; and
``(ii) consistent with any relevant State
aquatic invasive species management plans.
``(2) Funds.--The interstate organization may receive funds
under this Act to implement activities under the regional
aquatic invasive species management plan of the
organization.''.
(e) State Aquatic Invasive Species Management Plans.--Section
1204(a) of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4724(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by inserting before the
semicolon at the end the following: ``, including, in
accordance with guidelines issued by the Task Force
under paragraph (5)--
``(i) rapid assessment and response
contingency strategies under section 1211;
``(ii) early detection strategies under
section 1211(b)(4);
``(iii) aquatic plant control programs
conducted pursuant to other laws; and
``(iv) screening of planned introductions
pursuant to section 1105''; and
(B) in subparagraph (D), by inserting ``include''
after ``(D)''; and
(2) by adding at the end the following:
``(5) Guidelines.--
``(A) In general.--Not later than 1 year after the
date of enactment of the National Aquatic Invasive
Species Act of 2005, the Task Force shall amend the
guidelines of the Task Force for the development of
plans under this subsection, including guidelines for
reporting progress in implementing the plans, to
encourage consistency in implementation of and
reporting under those plans.
``(B) Guidelines.--The guidelines published under
subparagraph (A) shall include, for the purpose of
paragraph (2)(A), guidelines concerning--
``(i) rapid response contingency strategies
under section 1211;
``(ii) early detection strategies under
section 1211(b)(4);
``(iii) aquatic plant control programs
conducted pursuant to other laws;
``(iv) screening of planned introductions
pursuant to section 1105; and
``(v) the review and revision of
requirements of this subsection and the
reapproval process under this subsection.
``(6) Relationship to other plans.--
``(A) In general.--A plan approved under paragraph
(4) shall be deemed to meet any State planning
requirement of the program established under section
104 of the River and Harbor Act of 1958 (33 U.S.C. 610)
for a plan to control noxious aquatic plant growths.
``(B) Enforcement.--Funds provided to States for
implementation of plans pursuant to section 1204 may be
used by States to enforce requirements relating to
aquatic invasive species under the Plant Protection Act
(7 U.S.C. 7701 et seq.) (including regulations
promulgated under that Act contained in part 360 of
title 7, Code of Federal Regulations (or any successor
regulations)).
``(7) Eligibility of existing plans.--A plan approved under
this section as of the day immediately before the date of
enactment of the National Aquatic Invasive Species Act of 2005
shall be eligible to receive a grant awarded under this
section.
``(8) Review and revision.--
``(A) In general.--Each State shall periodically
review and, as necessary, revise the management plan of
the State in accordance with guidelines of the Task
Force.
``(B) Update of existing plans.--A plan approved
under this section as of the day immediately before the
date of enactment of the National Aquatic Invasive
Species Act of 2005 shall be updated after the date of
enactment of the National Aquatic Invasive Species Act
of 2005 to conform to the guidelines published under
paragraph (5).
``(9) Other state management plans.--In addition to the
management plans required under this subsection, the Director
shall encourage each State to develop and implement new, and
expand existing, State management plans to improve State
actions to prevent and control aquatic invasive species.''.
(f) Grant Program.--Section 1204(b)(1) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4724(b)(1)) is
amended by striking ``subsection (a) for the implementation of those
plans.'' and inserting the following: ``subsection (a)--
``(A) to develop those plans with a total amount
that does not exceed 10 percent of the amounts made
available for grants under this section for each fiscal
year; and
``(B) to implement those plans.''.
SEC. 502. INTERNATIONAL COORDINATION.
(a) In General.--Subtitle E of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4751 et seq.) is
amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle E--Administration'';
and
(2) by adding at the end the following:
``SEC. 1402. INTERNATIONAL COORDINATION.
``(a) In General.--The Task Force, the Invasive Species Council,
and the Secretary of State shall, to the maximum extent practicable,
ensure that international efforts to prevent, detect, monitor, assess,
and control aquatic invasive species (including through the
International Maritime Organization, the International Convention on
the Exploration of the Sea, the Global Invasive Species Program, and
other appropriate programs) are coordinated with policies of the United
States established by this Act.
``(b) Coordination With Neighboring Countries.--
``(1) In general.--The Task Force, in consultation with the
Secretary of State, shall include in the report required by
section 1202(m) a description of the means by which
international agreements and regulations with countries that
share a border with the United States will be implemented and
enforced by Federal agencies (including a clarification of the
roles and responsibilities of those agencies).
``(2) Negotiations.--As soon as practicable after the date
of enactment of the National Aquatic Invasive Species Act of
2005, the Secretary of State may enter into negotiations with--
``(A) Canada to issue a request that the
International Joint Commission, not later than 18
months after the date of enactment of that Act, review,
research, conduct hearings on, and submit to the
parties represented on the International Joint
Commission a report that describes the success of
current policies of governments in the United States
and Canada having jurisdiction over the Great Lakes in
anticipating and preventing biological invasions of the
aquatic ecosystem in the Great Lakes, including--
``(i) an analysis of current Federal, State
or Provincial, local, and international laws,
enforcement practices, and agreements;
``(ii) an analysis of prevention efforts
relating to all likely pathways for biological
invasions of the aquatic ecosystem in the Great
Lakes; and
``(iii) recommendations of the
International Joint Commission for means by
which to improve and harmonize the policies and
enforcement practices referred to in clause
(i); and
``(B) Mexico, to ensure coordination of efforts of
the United States with efforts of Mexico to manage
invasive species established in the United States-
Mexico border region.''.
TITLE VI--AUTHORIZATION OF APPROPRIATIONS
SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
Section 1301 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4741) is amended to read as follows:
``SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--Except as otherwise provided in this section,
there are authorized to be appropriated such sums as are necessary to
carry out this Act for each of fiscal years 2006 through 2010.
``(b) Task Force and Aquatic Invasive Species Program.--There are
authorized to be appropriated for each of fiscal years 2006 through
2010--
``(1) $8,000,000, to carry out activities of the Task Force
under section 1202, of which--
``(A) $4,000,000 shall be used by the Director;
``(B) $3,000,000 shall be used by the National
Oceanic and Atmospheric Administration; and
``(C) $1,000,000 shall be used by the Invasive
Species Council;
``(2) $30,000,000, to provide grants under section 1204(b);
``(3) $3,000,000, to provide assistance to the regional
panels of the Task Force; and
``(4) $1,000,000, to be used by the Director to carry out
section 1105(g).
``(c) International Coordination.--There is authorized to be
appropriated to the Department of State to carry out section 1403
$1,000,000 for each of fiscal years 2006 through 2010.
``(d) Prevention of Introduction by Vessels of Aquatic Invasive
Species Into Waters of the United States.--There are authorized to be
appropriated for each of fiscal years 2006 through 2010--
``(1) $6,000,000, to be used by the Secretary to carry out
section 1101;
``(2) $2,500,000, to be used by the Administrator to carry
out section 1101; and
``(3) $2,750,000, to be used by the Task Force to carry out
section 1101, of which--
``(A) $1,500,000 shall be used by the Director; and
``(B) $1,250,000 shall be used by the National
Oceanic and Atmospheric Administration.
``(e) Prevention of the Introduction by Nonvessel Pathways of
Aquatic Invasive Species Into Waters of the United States.--There are
authorized to be appropriated for each of fiscal years 2006 through
2010--
``(1) $5,000,000, to carry out the priority pathway
management program under section 1210, of which--
``(A) $2,000,000 shall be used by the National
Oceanic and Atmospheric Administration; and
``(B) $3,000,000 shall be used by the Director;
``(2) $1,000,000, to be used by the Invasive Species
Council to establish screening guidelines under section
1105(b); and
``(3) $3,500,000, to be used by the Director to promulgate
and implement screening requirements under section 1105(g).
``(f) Early Detection and Monitoring.--There is authorized to be
appropriated, to carry out early detection, monitoring, and survey
planning and implementation under section 1106, $2,000,000 for each of
fiscal years 2006 and 2007 and $10,000,000 for each of fiscal years
2008 through 2010, of which--
``(1) for each of fiscal years 2006 and 2007--
``(A) $1,000,000 shall be used by the National
Oceanic and Atmospheric Administration; and
``(B) $1,000,000 shall be used by the Director; and
``(2) for each of fiscal years 2008 through 2010--
``(A) $5,000,000 shall be used by the National
Oceanic and Atmospheric Administration; and
``(B) $5,000,000 shall be used by the Director.
``(g) Containment and Control.--
``(1) Dispersal barriers.--There are authorized to be
appropriated for each of fiscal years 2006 through 2010--
``(A) $300,000, to be used by the Assistant
Secretary in carrying out operation and maintenance of
the Chicago River Canal Dispersal Barrier under section
1202(j)(1);
``(B) $1,800,000, to be used by the Assistant
Secretary in carrying out the complete construction of
the Chicago River Canal Dispersal Barrier;
``(C) $8,000,000, to be used by the Assistant
Secretary for the construction of a second long-service
life barrier for the Chicago River Canal;
``(D) $500,000, to be used by the Assistant
Secretary to carry out a feasibility study for the
construction described in subparagraph (C); and
``(E) $2,150,000, to be used by the Director to
carry out the monitoring program under section
1202(j)(2).
``(2) Rapid response.--There are authorized to be
appropriated for each of fiscal years 2006 through 2010--
``(A) $25,000,000, to the Emergency Rapid Response
Fund established under section 1211(a), to remain
available until expended;
``(B) $1,000,000, to be used by the Invasive
Species Council in developing the State and regional
rapid response contingency strategy under section 1211;
and
``(C) $1,500,000, to be used for Federal rapid
response teams under section 1211(f), of which--
``(i) $500,000 shall be used by the
National Oceanic and Atmospheric
Administration; and
``(ii) $1,000,000 shall be used by the
Director.
``(3) Environmental soundness.--There is authorized to be
appropriated for establishment under section 1202(k) of
criteria for the improvement of treatment methods for aquatic
invasive species $600,000 for each of fiscal years 2006 through
2010.
``(h) Information, Education and Outreach.--There are authorized to
be appropriated for each of fiscal years 2006 through 2010--
``(1) $500,000, to be used by the Secretary of the Interior
to carry out the information and education program under
section 1202(h)(2)(D);
``(2) $750,000, to be used by the Director in carrying out
the 100th meridian program under section 1202(h)(2)(C);
``(3) $2,000,000, to be used to carry out informational and
educational activities of the Task Force under section 1202(h),
of which--
``(A) $1,000,000 shall be used by the National
Oceanic and Atmospheric Administration; and
``(B) $1,000,000 shall be used by the Director; and
``(4) $500,000, to be used by the National Oceanic and
Atmospheric Administration to carry out section
1202(h)(2)(B)(ii).
``(i) Research.--
``(1) Ecological and pathway research and analysis.--There
are authorized to be appropriated for each of fiscal years 2006
through 2010--
``(A) $17,000,000, to be used by the National
Oceanic and Atmospheric Administration to carry out
sections 1107 and 1108, of which $13,000,000 shall be
used to carry out the grant program under section
1107(g));
``(B) $4,000,000, to be used by the Smithsonian
Environmental Research Center to carry out sections
1107 and 1108;
``(C) $4,500,000, to be used by the United States
Geological Survey to carry out sections 1107 and 1108,
of which $500,000 shall be used to develop, maintain,
and update the database required under section
1107(j)); and
``(D) $1,650,000, to be used by the Great Lakes
Environmental Research Laboratory to carry out the
demonstration program under section 1202(i).
``(2) Dissemination.--There is authorized to be
appropriated to provide for the dissemination of information by
the Invasive Species Council under section 1109 $500,000 for
each of fiscal years 2006 through 2010.
``(3) Technology development, demonstration, and
verification.--There are authorized to be appropriated for each
of fiscal years 2006 through 2010--
``(A) $2,500,000, to be used by the Administrator
for the purposes of environmental soundness screening
and improvement under section 1110(a);
``(B) $1,000,000, to be used by the Assistant
Secretary to carry out the program under section
1110(b); and
``(C) $7,500,000, to carry out vessel pathway
technology development under sections 1104 and 1301(e).
``(4) Vessel pathway standards research.--There are
authorized to be appropriated--
``(A) for each of fiscal years 2006 through 2010,
$3,000,000, to be used for research in support of
vessels pathway standards and technology evaluation
under section 1111(a) of which--
``(i) $1,500,000 shall be used by the
Administrator; and
``(ii) $2,000,000 shall be used by the
Secretary of the Coast Guard;
``(B) for each of fiscal years 2006 through 2008,
$500,000, to be used by the Coast Guard to carry out
the performance test required under section 1111(b);
and
``(C) for fiscal year 2006, $500,000, to be used by
the Secretary of the Coast Guard to enter into an
agreement with the National Academy of Sciences to
carry out the study required under section 1111(c).
``(5) Research in systematics and taxonomy.--There is
authorized to be appropriated for the National Research
Foundation to provide research grants for systematics and
taxonomy under section 1112 $2,500,000 for each of fiscal years
2006 through 2010.''.
TITLE VII--CONFORMING AMENDMENTS
SEC. 701. CONFORMING AMENDMENTS.
(a) In General.--The Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 is amended--
(1) in section 1102 (16 U.S.C. 4712)--
(A) in subsection (a), by striking the subsection
heading and inserting the following:
``(a) Studies on Introduction of Aquatic Invasive Species by
Vessels.--''; and
(B) in subsection (b)--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) and
(3) as paragraphs (1) and (2), respectively;
(2) in subtitle C (16 U.S.C. 4721 et seq.), by striking the
subtitle heading and inserting the following:
``Subtitle C--Prevention and Control of Aquatic Invasive Species
Dispersal'';
(3) in section 1201(a) (16 U.S.C. 4721(a)), by striking
``Nuisance Species'' and inserting ``Invasive Species'';
(4) in section 1202 (16 U.S.C. 4722), by striking the
section heading and inserting the following:
``SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.'';
(5) in section 1204 (16 U.S.C. 4724), by striking the
section heading and inserting the following:
``SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGEMENT PLANS.'';
and
(6) by striking ``aquatic nuisance species'' each place it
appears and inserting ``aquatic invasive species''.
(b) Short Title.--
(1) Section 1001 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4701) is amended
by striking ``Nonindigenous Aquatic Nuisance'' and inserting
``Nonindigenous Aquatic Invasive Species''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 shall be deemed to be a reference to the Nonindigenous
Aquatic Invasive Species Prevention and Control Act of 1990.
<all>