[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3217 Referred in Senate (RFS)]







104th CONGRESS
  2d Session
                                H. R. 3217


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 25, 1996

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
To provide for ballast water management to prevent the introduction and 
 spread of nonindigenous species into the waters of the United States, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES.

    (a) In General.--This Act may be cited as the ``National Invasive 
Species Act of 1996''.
    (b) References.--Whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to or repeal of a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4701 et seq.).

SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND 
              CONTROL ACT OF 1990.

    (a) Findings; Definitions.--
            (1) Findings.--Section 1002(a) (16 U.S.C. 4701(a)) is 
        amended--
                    (A) by striking paragraphs (2) and (3) and 
                inserting the following new paragraphs:
            ``(2) when environmental conditions are favorable, 
        nonindigenous species become established, may compete with or 
        prey upon native species of plants, fish, and wildlife, may 
        carry diseases or parasites that affect native species, and may 
        disrupt the aquatic environment and economy of affected 
        nearshore areas;
            ``(3) the zebra mussel was unintentionally introduced into 
        the Great Lakes and has infested--
                    ``(A) waters south of the Great Lakes, into a good 
                portion of the Mississippi River drainage;
                    ``(B) waters west of the Great Lakes, into the 
                Arkansas River in Oklahoma; and
                    ``(C) waters east of the Great Lakes, into the 
                Hudson River and Lake Champlain;'';
                    (B) in paragraph (4)--
                            (i) by inserting ``by the zebra mussel and 
                        ruffe, round goby, and other nonindigenous 
                        species'' after ``other species''; and
                            (ii) by striking ``and'' at the end;
                    (C) in paragraph (5), by striking the period and 
                inserting a semicolon; and
                    (D) by adding at the end the following new 
                paragraphs:
            ``(6) in 1992, the zebra mussel was discovered at the 
        northernmost reaches of the Chesapeake Bay watershed;
            ``(7) the zebra mussel poses an imminent risk of invasion 
        in the main waters of the Chesapeake Bay;
            ``(8) since the Chesapeake Bay is the largest recipient of 
        foreign ballast water on the East Coast, there is a risk of 
        further invasions of other nonindigenous species;
            ``(9) the zebra mussel is only one example of thousands of 
        nonindigenous species that have become established in waters of 
        the United States and may be causing economic and ecological 
        degradation with respect to the natural resources of waters of 
        the United States;
            ``(10) since their introduction in the early 1980's in 
        ballast water discharges, ruffe--
                    ``(A) have caused severe declines in populations of 
                other species of fish in Duluth Harbor (in Minnesota 
                and Wisconsin);
                    ``(B) have spread to Lake Huron; and
                    ``(C) are likely to spread quickly to most other 
                waters in North America if action is not taken promptly 
                to control their spread;
            ``(11) examples of nonindigenous species that, as of the 
        date of enactment of the National Invasive Species Act of 1996, 
        infest coastal waters of the United States and that have the 
        potential for causing adverse economic and ecological effects 
        include--
                    ``(A) the mitten crab (Eriocher sinensis) that has 
                become established on the Pacific Coast;
                    ``(B) the green crab (Carcinus maenas) that has 
                become established in the coastal waters of the 
                Atlantic Ocean;
                    ``(C) the brown mussel (Perna perna) that has 
                become established along the Gulf of Mexico; and
                    ``(D) certain shellfish pathogens;
            ``(12) many aquatic nuisance vegetation species, such as 
        Eurasian watermilfoil, hydrilla, water hyacinth, and water 
        chestnut, have been introduced to waters of the United States 
        from other parts of the world causing or having a potential to 
        cause adverse environmental, ecological, and economic effects;
            ``(13) if preventive management measures are not taken 
        nationwide to prevent and control unintentionally introduced 
        nonindigenous aquatic species in a timely manner, further 
        introductions and infestations of species that are as 
        destructive as, or more destructive than, the zebra mussel or 
        the ruffe infestations may occur;
            ``(14) once introduced into waters of the United States, 
        aquatic nuisance species are unintentionally transported and 
        introduced into inland lakes and rivers by recreational 
        boaters, commercial barge traffic, and a variety of other 
        pathways; and
            ``(15) resolving the problems associated with aquatic 
        nuisance species will require the participation and cooperation 
        of the Federal Government and State governments, and investment 
        in the development of prevention technologies.''.
            (2) Definitions.--Section 1003 (16 U.S.C. 4702) is 
        amended--
                    (A) by striking paragraph (1) and redesignating 
                paragraphs (2) through (8) as paragraphs (1) through 
                (7), respectively;
                    (B) in paragraph (2), as redesignated by 
                subparagraph (A) of this paragraph, by striking 
                ``assistant Secretary'' and inserting ``Assistant 
                Secretary'';
                    (C) by redesignating paragraphs (9) through (15) as 
                paragraphs (11) through (17), respectively; and
                    (D) by inserting after paragraph (7), as 
                redesignated by subparagraph (A) of this paragraph, the 
                following:
            ``(8) `Great Lakes region' means the 8 States that border 
        on the Great Lakes;
            ``(9) `Indian tribe' means any Indian tribe, band, nation, 
        or other organized group or community, including any Alaska 
        Native village or regional corporation (as defined in or 
        established pursuant to the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1601 et seq.)) that is recognized as eligible for 
        the special programs and services provided by the United States 
        to Indians because of their status as Indians;
            ``(10) `interstate organization' means an entity--
                    ``(A) established by--
                            ``(i) an interstate compact that is 
                        approved by Congress;
                            ``(ii) a Federal statute; or
                            ``(iii) a treaty or other international 
                        agreement with respect to which the United 
                        States is a party; and
                    ``(B)(i) that represents 2 or more--
                            ``(I) States or political subdivisions 
                        thereof; or
                            ``(II) Indian tribes; or
                    ``(ii) that represents--
                            ``(I) 1 or more States or political 
                        subdivisions thereof; and
                            ``(II) 1 or more Indian tribes; or
                    ``(iii) that represents the Federal Government and 
                1 or more foreign governments; and
                    ``(C) has jurisdiction over, serves as forum for 
                coordinating, or otherwise has a role or responsibility 
                for the management of, any land or other natural 
                resource;''.
    (b) Aquatic Nuisance Species Control Program.--
            (1) Amendment to heading.--The heading to subtitle B (16 
        U.S.C. 4711 et seq.) is amended to read as follows:

      ``Subtitle B--Prevention of Unintentional Introductions of 
                    Nonindigenous Aquatic Species''.

            (2) Aquatic nuisance species.--Section 1101 (16 U.S.C. 
        4711) is amended to read as follows:

``SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED STATES.

    ``(a) Great Lakes Guidelines.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of this Act, the Secretary shall issue voluntary 
        guidelines to prevent the introduction and spread of aquatic 
        nuisance species into the Great Lakes through the exchange of 
        ballast water of vessels prior to entering those waters.
            ``(2) Content of guidelines.--The guidelines issued under 
        this subsection shall--
                    ``(A) ensure to the maximum extent practicable that 
                ballast water containing aquatic nuisance species is 
                not discharged into the Great Lakes;
                    ``(B) protect the safety of--
                            ``(i) each vessel; and
                            ``(ii) the crew and passengers of each 
                        vessel;
                    ``(C) take into consideration different vessel 
                operating conditions; and
                    ``(D) be based on the best scientific information 
                available.
    ``(b) Regulations.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Task Force, shall issue regulations to prevent the introduction 
        and spread of aquatic nuisance species into the Great Lakes 
        through the ballast water of vessels.
            ``(2) Content of regulations.--The regulations issued under 
        this subsection shall--
                    ``(A) apply to all vessels equipped with ballast 
                water tanks that enter a United States port on the 
                Great Lakes after operating on the waters beyond the 
                exclusive economic zone;
                    ``(B) require a vessel to--
                            ``(i) carry out exchange of ballast water 
                        on the waters beyond the exclusive economic 
                        zone prior to entry into any port within the 
                        Great Lakes;
                            ``(ii) carry out an exchange of ballast 
                        water in other waters where the exchange does 
                        not pose a threat of infestation or spread of 
                        aquatic nuisance species in the Great Lakes and 
                        other waters of the United States, as 
                        recommended by the Task Force under section 
                        1102(a)(1); or
                            ``(iii) use environmentally sound 
                        alternative ballast water management methods if 
                        the Secretary determines that such alternative 
                        methods are as effective as ballast water 
                        exchange in preventing and controlling 
                        infestations of aquatic nuisance species;
                    ``(C) 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.);
                    ``(D) provide for sampling procedures to monitor 
                compliance with the requirements of the regulations;
                    ``(E) prohibit the operation of a vessel in the 
                Great Lakes if the master of the vessel has not 
                certified to the Secretary or the Secretary's designee 
                by not later than the departure of that vessel from the 
                first lock in the St. Lawrence Seaway that the vessel 
                has complied with the requirements of the regulations;
                    ``(F) protect the safety of--
                            ``(i) each vessel; and
                            ``(ii) the crew and passengers of each 
                        vessel;
                    ``(G) take into consideration different operating 
                conditions; and
                    ``(H) be based on the best scientific information 
                available.
            ``(3) Additional regulations.--In addition to promulgating 
        regulations under paragraph (1), the Secretary, in consultation 
        with the Task Force, shall, not later than November 4, 1994, 
        issue regulations to prevent the introduction and spread of 
        aquatic nuisance species into the Great Lakes through ballast 
        water carried on vessels that enter a United States port on the 
        Hudson River north of the George Washington Bridge.
            ``(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 issued under this subsection.
    ``(c) Voluntary National Guidelines.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the National Invasive Species Act of 1996, and 
        after providing notice and an opportunity for public comment, 
        the Secretary shall issue voluntary guidelines to prevent the 
        introduction and spread of nonindigenous species in waters of 
        the United States by ballast water operations and other 
        operations of vessels equipped with ballast water tanks.
            ``(2) Content of guidelines.--The voluntary guidelines 
        issued under this subsection shall--
                    ``(A) ensure to the maximum extent practicable that 
                aquatic nuisance species are not discharged into waters 
                of the United States from vessels;
                    ``(B) apply to all vessels equipped with ballast 
                water tanks that operate in waters of the United 
                States;
                    ``(C) protect the safety of--
                            ``(i) each vessel; and
                            ``(ii) the crew and passengers of each 
                        vessel;
                    ``(D) direct a vessel that is carrying ballast 
                water into waters of the United States after operating 
                beyond the exclusive economic zone to--
                            ``(i) carry out the exchange of ballast 
                        water of the vessel in waters beyond the 
                        exclusive economic zone;
                            ``(ii) exchange the ballast water of the 
                        vessel in other waters where the exchange does 
                        not pose a threat of infestation or spread of 
                        nonindigenous species in waters of the United 
                        States, as recommended by the Task Force under 
                        section 1102(a)(1); or
                            ``(iii) use environmentally sound 
                        alternative ballast water management methods, 
                        including modification of the vessel ballast 
                        water tanks and intake systems, if the 
                        Secretary determines that such alternative 
                        methods are at least as effective as ballast 
                        water exchange in preventing and controlling 
                        infestations of aquatic nuisance species;
                    ``(E) direct vessels to carry out management 
                practices that the Secretary determines to be necessary 
                to reduce the probability of unintentional 
                nonindigenous species transfer resulting from--
                            ``(i) ship operations other than ballast 
                        water discharge; and
                            ``(ii) ballasting practices of vessels that 
                        enter waters of the United States with no 
                        ballast water on board;
                    ``(F) provide for the keeping of records that shall 
                be submitted to the Secretary, as prescribed by the 
                guidelines, and that shall be maintained on board each 
                vessel and made available for inspection, upon request 
                of the Secretary and in a manner consistent with 
                subsection (i), in order to enable the Secretary to 
                determine compliance with the guidelines, including--
                            ``(i) with respect to each ballast water 
                        exchange referred to in clause (ii), reporting 
                        on the precise location and thoroughness of the 
                        exchange; and
                            ``(ii) any other information that the 
                        Secretary considers necessary to assess the 
                        rate of effective compliance with the 
                        guidelines;
                    ``(G) provide for sampling procedures to monitor 
                compliance with the guidelines;
                    ``(H) take into consideration--
                            ``(i) vessel types;
                            ``(ii) variations in the characteristics of 
                        point of origin and receiving water bodies;
                            ``(iii) variations in the ecological 
                        conditions of waters and coastal areas of the 
                        United States; and
                            ``(iv) different operating conditions;
                    ``(I) be based on the best scientific information 
                available;
                    ``(J) 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
                    ``(K) provide an exemption from ballast water 
                exchange requirements to passenger vessels with 
                operating ballast water systems that are equipped with 
                treatment systems designed to kill aquatic organisms in 
                ballast water, unless the Secretary determines that 
                such treatment systems are less effective than ballast 
                water exchange at reducing the risk of transfers of 
                invasive species in the ballast water of passenger 
                vessels; and
                    ``(L) not apply to crude oil tankers engaged in the 
                coastwise trade.
            ``(3) Education and technical assistance programs.--Not 
        later than 1 year after the date of enactment of the National 
        Invasive Species Act of 1996, the Secretary shall carry out 
        education and technical assistance programs and other measures 
        to encourage compliance with the guidelines issued under this 
        subsection.
    ``(d) Report to Congress.--Not sooner than 24 months after the date 
of issuance of guidelines pursuant to subsection (c) and not later than 
30 months after such date, and after consultation with interested and 
affected persons, the Secretary shall prepare and submit to Congress a 
report containing the information required pursuant to paragraphs (1) 
and (2) of subsection (e).
    ``(e) Periodic Review and Revision.--
            ``(1) In general.--Not later than 3 years after the date of 
        issuance of guidelines pursuant to subsection (c), and not less 
        frequently than every 3 years thereafter, the Secretary shall, 
        in accordance with criteria developed by the Task Force under 
        paragraph (3)--
                    ``(A) assess the compliance by vessels with the 
                voluntary guidelines issued under subsection (c) and 
                the regulations promulgated under this Act;
                    ``(B) establish the rate of compliance that is 
                based on the assessment under subparagraph (A);
                    ``(C) assess the effectiveness of the voluntary 
                guidelines and regulations referred to in subparagraph 
                (A) in reducing the introduction and spread of aquatic 
                nuisance species by vessels; and
                    ``(D) as necessary, on the basis of the best 
                scientific information available--
                            ``(i) revise the guidelines and regulations 
                        referred to in subparagraph (A);
                            ``(ii) promulgate additional regulations 
                        pursuant to subsection (f)(1); or
                            ``(iii) carry out each of clauses (i) and 
                        (ii).
            ``(2) Special review and revision.--Not later than 90 days 
        after the Task Force makes a request to the Secretary for a 
        special review and revision for coastal and inland waterways 
        designated by the Task Force, the Secretary shall--
                    ``(A) conduct a special review of guidelines and 
                regulations applicable to those waterways in accordance 
                with the review procedures under paragraph (1); and
                    ``(B) as necessary, in the same manner as provided 
                under paragraph (1)(D)--
                            ``(i) revise those guidelines;
                            ``(ii) promulgate additional regulations 
                        pursuant to subsection (f)(1); or
                            ``(iii) carry out each of clauses (i) and 
                        (ii).
            ``(3) Criteria for effectiveness.--Not later than 18 months 
        after the date of enactment of the National Invasive Species 
        Act of 1996, the Task Force shall submit to the Secretary 
        criteria for determining the adequacy and effectiveness of the 
        voluntary guidelines issued under subsection (c).
    ``(f) Authority of Secretary.--
            ``(1) General regulations.--If, on the basis of a periodic 
        review conducted under subsection (e)(1) or a special review 
        conducted under subsection (e)(2), the Secretary determines 
        that--
                    ``(A) the rate of effective compliance (as 
                determined by the Secretary) with the guidelines issued 
                pursuant to subsection (c) is inadequate; or
                    ``(B) the reporting by vessels pursuant to those 
                guidelines is not adequate for the Secretary to assess 
                the compliance with those guidelines and provide a rate 
                of compliance of vessels, including the assessment of 
                the rate of compliance of vessels under subsection 
                (e)(2),
        the Secretary shall promptly promulgate regulations that meet 
        the requirements of paragraph (2).
            ``(2) Requirements for regulations.--The regulations 
        promulgated by the Secretary under paragraph (1)--
                    ``(A) shall--
                            ``(i) not be promulgated sooner than 180 
                        days following the issuance of the report to 
                        Congress submitted pursuant to subsection (d);
                            ``(ii) make mandatory the requirements 
                        included in the voluntary guidelines issued 
                        under subsection (c); and
                            ``(iii) provide for the enforcement of the 
                        regulations; and
                    ``(B) may be regional in scope.
            ``(3) International regulations.--The Secretary shall 
        revise regulations promulgated under this subsection to the 
        extent required to make such regulations consistent with the 
        treatment of a particular matter in any international 
        agreement, agreed to by the United States, governing management 
        of the transfer of nonindigenous aquatic species by vessel.
    ``(g) Sanctions.--
            ``(1) Civil penalties.--Any person who violates a 
        regulation promulgated under subsection (b) or (f) shall be 
        liable for a civil penalty in an amount not to exceed $25,000. 
        Each day of a continuing violation constitutes a separate 
        violation. A vessel operated in violation of the regulations is 
        liable in rem for any civil penalty assessed under this 
        subsection for that violation.
            ``(2) Criminal penalties.--Any person who knowingly 
        violates the regulations promulgated under subsection (b) or 
        (f) is guilty of a class C felony.
            ``(3) Revocation of clearance.--Upon request of the 
        Secretary, the Secretary of the Treasury shall withhold or 
        revoke the clearance of a vessel required by section 4197 of 
        the Revised Statutes (46 U.S.C. App. 91), if the owner or 
        operator of that vessel is in violation of the regulations 
        issued under subsection (b) or (f).
            ``(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, its 
                crew, or its passengers; and
                    ``(B) the recordkeeping and reporting requirements 
                of the Act are complied with.
    ``(h) Coordination With Other Agencies.--In carrying out the 
programs under this section, the Secretary is encouraged to use, to the 
maximum extent practicable, the expertise, facilities, members, or 
personnel of established agencies and organizations that have routine 
contact with vessels, including the Animal and Plant Health Inspection 
Service of the Department of Agriculture, the National Cargo Bureau, 
port administrations, and ship pilots' associations.
    ``(i) Consultation With Canada, Mexico, and Other Foreign 
Governments.--In developing the guidelines issued and regulations 
promulgated under this section, the Secretary is encouraged to consult 
with the Government of Canada, the Government of Mexico, and any other 
government of a foreign country that the 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.
    ``(j) 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.
    ``(k) Safety Exemption.--
            ``(1) Master discretion.--The master of a vessel is not 
        required to conduct a ballast water exchange if the master 
        decides that the exchange would threaten the safety or 
        stability of the vessel, its crew, or its passengers 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 be 
        restricted from discharging ballast water in any harbor unless 
        the Secretary issues requirements applicable to such vessel 
        under subsection (b)(2)(B)(ii), (b)(2)(B)(iii), (c)(2)(D)(ii), 
        or (c)(2)(D)(iii).
    ``(l) 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 when the 
Secretary performs studies, reviews compliance, determines 
effectiveness, establishes requirements, or performs any other 
responsibilities under this Act.''.
    (c) National Ballast Water Management Information.--Section 1102 
(16 U.S.C. 4712) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.'';

            (2) in subsection (a)--
                    (A) in paragraphs (1) and (2), by inserting ``, in 
                cooperation with the Secretary,'' before ``shall 
                conduct'' each place it appears;
                    (B) in paragraph (2), by inserting ``Lake Champlain 
                and other'' after ``economic uses of'';
            (3) by striking subsection (b) and inserting the following:
    ``(b) Ecological and Ballast Water Discharge Surveys.--
            ``(1) Ecological surveys.--
                    ``(A) In general.--The Task Force, in cooperation 
                with the Secretary, shall conduct ecological surveys of 
                the Chesapeake Bay, San Francisco Bay, and Honolulu 
                Harbor and, as necessary, of other estuaries of 
                national significance and other waters that the Task 
                Force determines--
                            ``(i) to be highly susceptible to invasion 
                        by aquatic nuisance species resulting from 
                        ballast water operations and other operations 
                        of vessels; and
                            ``(ii) to require further study.
                    ``(B) Requirements for surveys.--In conducting the 
                surveys under this paragraph, the Task Force shall, 
                with respect to each such survey--
                            ``(i) examine the attributes and patterns 
                        of invasions of aquatic nuisance species; and
                            ``(ii) provide an estimate of the 
                        effectiveness of ballast water management and 
                        other vessel management guidelines issued and 
                        regulations promulgated under this subtitle in 
                        abating invasions of aquatic nuisance species 
                        in the waters that are the subject of the 
                        survey.
            ``(2) Ballast water discharge surveys.--
                    ``(A) In general.--The Secretary, in cooperation 
                with the Task Force, shall conduct surveys of ballast 
                water discharge rates and practices in the waters 
                referred to in paragraph (1)(A) on the basis of the 
                criteria under clauses (i) and (ii) of such paragraph.
                    ``(B) Requirements for surveys.--In conducting the 
                surveys under this paragraph, the Secretary shall--
                            ``(i) examine the rate of, and trends in, 
                        ballast water discharge in the waters that are 
                        the subject of the survey; and
                            ``(ii) assess the effectiveness of 
                        voluntary guidelines issued, and regulations 
                        promulgated, under this subtitle in altering 
                        ballast water discharge practices to reduce the 
                        probability of accidental introductions of 
                        aquatic nuisance species.
            ``(3) Columbia river.--The Secretary, in cooperation with 
        the Task Force and academic institutions in each of the States 
        affected, shall conduct an ecological and ballast water 
        discharge survey of the Columbia River system consistent with 
        the requirements of paragraphs (1) and (2).''; and
            (4) by adding at the end the following new subsections:
    ``(e) Regional Research Grants.--Out of amounts appropriated to 
carry out this subsection for a fiscal year, the Under Secretary 
shall--
            ``(1) make available not to exceed $750,000 to fund 
        research on aquatic nuisance species prevention and control in 
        the Chesapeake Bay through grants, to be competitively awarded 
        and subject to peer review, to universities and research 
        institutions;
            ``(2) make available not to exceed $500,000 to fund 
        research on aquatic nuisance species prevention and control in 
        the Gulf of Mexico through grants, to be competitively awarded 
        and subject to peer review, to universities and research 
        institutions;
            ``(3) make available not to exceed $500,000 to fund 
        research on aquatic nuisance species prevention and control for 
        the Pacific Coast through grants, to be competitively awarded 
        and subject to peer review, to universities and research 
        institutions;
            ``(4) make available not to exceed $500,000 to fund 
        research on aquatic nuisance species prevention and control for 
        the Atlantic Coast through grants, to be competitively awarded 
        and subject to peer review, to universities and research 
        institutions; and
            ``(5) make available not to exceed $750,000 to fund 
        research on aquatic nuisance species prevention and control in 
        the San Francisco Bay-Delta Estuary through grants, to be 
        competitively awarded and subject to peer review, to 
        universities and research institutions.
    ``(f) National Ballast Information Clearinghouse.--
            ``(1) In general.--The Secretary shall develop and 
        maintain, in consultation and cooperation with the Task Force 
        and the Smithsonian Institution (acting through the Smithsonian 
        Environmental Research Center), a clearinghouse of national 
        data concerning--
                    ``(A) ballasting practices;
                    ``(B) compliance with the guidelines issued 
                pursuant to section 1101(c); and
                    ``(C) any other information obtained by the Task 
                Force under subsection (b).
            ``(2) Report.--In consultation and cooperation with the 
        Task Force and the Smithsonian Institution (acting through the 
        Smithsonian Environmental Research Center), the Secretary shall 
        prepare and submit to the Task Force and the Congress, on a 
        biannual basis, a report that synthesizes and analyzes the data 
        referred to in paragraph (1) relating to--
                    ``(A) ballast water delivery and management; and
                    ``(B) invasions of aquatic nuisance species 
                resulting from ballast water.''.
    (d) Armed Services Ballast Water Program; Ballast Water Management 
Demonstration Program.--Subtitle B (16 U.S.C. 4701 et seq.) is amended 
by adding at the end the following new sections:

``SEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS.

    ``(a) Department of Defense Vessels.--Subject to operational 
conditions, the Secretary of Defense, in consultation with the 
Secretary, the Task Force, and the International Maritime Organization, 
shall implement a ballast water management program for seagoing vessels 
of the Department of Defense to minimize the risk of introduction of 
nonindigenous species from releases of ballast water.
    ``(b) Coast Guard Vessels.--Subject to operational conditions, the 
Secretary, in consultation with the Task Force and the International 
Maritime Organization, shall implement a ballast water management 
program for seagoing vessels of the Coast Guard to minimize the risk of 
introduction of nonindigenous species from releases of ballast water.

``SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRATION PROGRAM.

    ``(a) Technologies and Practices Defined.--For purposes of this 
section, the term `technologies and practices' means those technologies 
and practices that--
            ``(1) may be retrofitted--
                    ``(A) on existing vessels or incorporated in new 
                vessel designs; and
                    ``(B) on existing land-based ballast water 
                treatment facilities;
            ``(2) may be designed into new water treatment facilities;
            ``(3) are operationally practical;
            ``(4) are safe for a vessel and crew;
            ``(5) are environmentally sound;
            ``(6) are cost-effective;
            ``(7) a vessel operator is capable of monitoring; and
            ``(8) are effective against a broad range of aquatic 
        nuisance species.
    ``(b) Demonstration Program.--
            ``(1) In general.--During the 18-month period beginning on 
        the date that funds are made available by appropriations 
        pursuant to section 1301(e), the Secretary of the Interior and 
        the Secretary of Commerce, with the concurrence of and in 
        cooperation with the Secretary, shall conduct a ballast water 
        management demonstration program to demonstrate technologies 
        and practices to prevent aquatic nonindigenous species from 
        being introduced into and spread through ballast water in the 
        Great Lakes and other waters of the United States.
            ``(2) Location.--The installation and construction of the 
        technologies and practices used in the demonstration program 
        conducted under this subsection shall be performed in the 
        United States.
            ``(3) Vessel selection.--In demonstrating technologies and 
        practices on vessels under this subsection, the Secretary of 
        the Interior and the Secretary of Commerce, shall--
                    ``(A) use only vessels that--
                            ``(i) are approved by the Secretary;
                            ``(ii) have ballast water systems conducive 
                        to testing aboard-vessel or land-based 
                        technologies and practices applicable to a 
                        significant number of merchant vessels; and
                            ``(iii) are--
                                    ``(I) publicly or privately owned; 
                                and
                                    ``(II) in active use for trade or 
                                other cargo shipment purposes during 
                                the demonstration;
                    ``(B) select vessels for participation in the 
                program by giving priority consideration--
                            ``(i) first, to vessels documented under 
                        chapter 121 of title 46, United States Code;
                            ``(ii) second, to vessels that are a 
                        majority owned by citizens of the United 
                        States, as determined by the Secretary; and
                            ``(iii) third, to any other vessels that 
                        regularly call on ports in the United States; 
                        and
                    ``(C) seek to use a variety of vessel types, 
                including vessels that--
                            ``(i) call on ports in the United States 
                        and on the Great Lakes; and
                            ``(ii) are operated along major coasts of 
                        the United States and inland waterways, 
                        including the San Francisco Bay and Chesapeake 
                        Bay.
            ``(4) Selection of technologies and practices.--In 
        selecting technologies and practices for demonstration under 
        this subsection, the Secretary of the Interior and the 
        Secretary of Commerce shall give priority consideration to 
        technologies and practices identified as promising by the 
        National Research Council Marine Board of the National Academy 
        of Sciences in its report on ships' ballast water operations 
        issued in July 1996.
            ``(5) Report.--Not later than 3 years after the date of 
        enactment of the National Invasive Species Act of 1996, the 
        Secretary of the Interior and the Secretary of Commerce shall 
        prepare and submit a report to the Congress on the 
        demonstration program conducted pursuant to this section. The 
        report shall include findings and recommendations of the 
        Secretary of the Interior and the Secretary of Commerce 
        concerning technologies and practices.
    ``(c) Authorities; Consultation and Cooperation With International 
Maritime Organization and Task Force.--
            ``(1) Authorities.--In conducting the demonstration program 
        under subsection (b), the Secretary of the Interior may--
                    ``(A) enter into cooperative agreements with 
                appropriate officials of other agencies of the Federal 
                Government, agencies of States and political 
                subdivisions thereof, and private entities;
                    ``(B) accept funds, facilities, equipment, or 
                personnel from other Federal agencies; and
                    ``(C) accept donations of property and services.
            ``(2) Consultation and cooperation.--The Secretary of the 
        Interior shall consult and cooperate with the International 
        Maritime Organization and the Task Force in carrying out this 
        section.''.
    (e) Amendments to Subtitle C.--
            (1) Subtitle heading.--The heading to subtitle C (16 U.S.C. 
        4721 et seq.) is amended to read as follows:

   ``Subtitle C--Prevention and Control of Aquatic Nuisance Species 
                              Dispersal''.

            (2) Task force.--Section 1201 (16 U.S.C. 4721) is amended--
                    (A) in subsection (b)--
                            (i) by striking ``and'' at the end of 
                        paragraph (5);
                            (ii) by redesignating paragraph (6) as 
                        paragraph (7); and
                            (iii) by inserting after paragraph (5) the 
                        following new paragraph:
            ``(6) the Secretary of Agriculture; and''; and
                    (B) in subsection (c), by inserting ``the 
                Chesapeake Bay Program, the San Francisco Bay-Delta 
                Estuary Program,'' before ``and State agencies''.
            (3) Research program.--Section 1202 (16 U.S.C. 4722) is 
        amended--
                    (A) in subsection (f)(1)(A), by inserting ``and 
                impacts'' after ``economic risks''; and
                    (B) in subsection (i)--
                            (i) in paragraph (1)--
                                    (I) by striking ``(1) In general.--
                                The Task Force'' and inserting the 
                                following:
            ``(1) Zebra mussel.--
                    ``(A) In general.--The Task Force'';
                                    (II) by striking ``(A) research'' 
                                and inserting the following:
                            ``(i) research'';
                                    (III) by striking ``(B) tracking'' 
                                and inserting the following:
                            ``(ii) tracking'';
                                    (IV) by striking ``(C) 
                                development'' and inserting the 
                                following:
                            ``(iii) development''; and
                                    (V) by striking ``(D) provision'' 
                                and inserting the following:
                            ``(iv) provision'';
                            (ii) in paragraph (2), by striking ``(2) 
                        Public facility research and development.--'' 
                        and inserting the following:
                    ``(B) Public facility research and development.--
                '';
                            (iii) in subparagraph (B) of paragraph (1), 
                        as so redesignated, by striking the first 
                        sentence and inserting the following: ``The 
                        Assistant Secretary, in consultation with the 
                        Task Force, shall develop a program of 
                        research, technology development, and 
                        demonstration for the environmentally sound 
                        control of zebra mussels in and around public 
                        facilities.'';
                            (iv) in paragraph (1), by adding after 
                        subparagraph (B), as so redesignated, the 
                        following new subparagraph:
                    ``(C) Voluntary guidelines.--Not later than 1 year 
                after the date of enactment of this subparagraph, the 
                Task Force shall develop and submit to the Secretary 
                voluntary guidelines for controlling the spread of the 
                zebra mussel and, if appropriate, other aquatic 
                nuisance species through recreational activities, 
                including boating and fishing. Not later than 4 months 
                after the date of such submission, and after providing 
                notice and an opportunity for public comment, the 
                Secretary shall issue voluntary guidelines that are 
                based on the guidelines developed by the Task Force 
                under this subparagraph.''; and
                            (v) by adding at the end the following new 
                        paragraphs:
            ``(2) Dispersal containment analysis.--
                    ``(A) Research.--The Administrator of the 
                Environmental Protection Agency, in cooperation with 
                the National Science Foundation and the Task Force, 
                shall provide research grants on a competitive basis 
                for projects that--
                            ``(i) identify environmentally sound 
                        methods for controlling the dispersal of 
                        aquatic nuisance species, such as the zebra 
                        mussel; and
                            ``(ii) adhere to research protocols 
                        developed pursuant to subsection (f)(2).
                    ``(B) Authorization of appropriations.--There are 
                authorized to be appropriated to the Environmental 
                Protection Agency to carry out this paragraph, 
                $500,000.
            ``(3) Dispersal barrier demonstration.--
                    ``(A) In general.--The Assistant Secretary, in 
                consultation with the Task Force, shall investigate and 
                identify environmentally sound methods for preventing 
                and reducing the dispersal of aquatic nuisance species 
                between the Great Lakes-Saint Lawrence drainage and the 
                Mississippi River drainage through the Chicago River 
                Ship and Sanitary Canal, including any of those methods 
                that could be incorporated into the operation or 
                construction of the lock system of the Chicago River 
                Ship and Sanitary Canal.
                    ``(B) Report.--Not later than 18 months after the 
                date of enactment of this paragraph, the Assistant 
                Secretary shall issue a report to the Congress that 
                includes recommendations concerning--
                            ``(i) which of the methods that are 
                        identified under the study conducted under this 
                        paragraph are most promising with respect to 
                        preventing and reducing the dispersal of 
                        aquatic nuisance species; and
                            ``(ii) ways to incorporate those methods 
                        into ongoing operations of the United States 
                        Army Corps of Engineers that are conducted at 
                        the Chicago River Ship and Sanitary Canal.
                    ``(C) Authorization of appropriations.--There are 
                authorized to be appropriated to the Department of the 
                Army, to carry out this paragraph, $750,000.
            ``(4) Contributions.--To the extent allowable by law, in 
        carrying out the studies under paragraphs (2) and (3), the 
        Administrator of the Environmental Protection Agency and the 
        Secretary of the Army may enter into an agreement with an 
        interested party under which that party provides in kind or 
        monetary contributions for the study.
            ``(5) Technical assistance.--The Great Lakes Environmental 
        Research Laboratory of the National Oceanic and Atmospheric 
        Administration shall provide technical assistance to 
        appropriate entities to assist in the research conducted 
        pursuant to this subsection.''.
            (4) Implementation.--Section 1202(j)(1) (16 U.S.C. 
        4722(j)(1)) is amended by striking ``Not later than 18 months 
        after the date of the enactment of this Act, the Director'' and 
        inserting ``The Director, the Secretary,''.
            (5) Regional Coordination.--Section 1203 (16 U.S.C. 4723) 
        is amended--
                    (A) by striking the section heading and inserting 
                the following:

``SEC. 1203. REGIONAL COORDINATION.'';

                    (B) in subsection (a)--
                            (i) by striking ``(a) In General.--Not'' 
                        and inserting the following:
    ``(a) Great Lakes Panel.--
            ``(1) In general.--Not'';
                            (ii) by striking ``(1) identify'' and 
                        inserting the following:
                    ``(A) identify'';
                            (iii) by striking ``(2) make'' and 
                        inserting the following:
                    ``(B) make'';
                            (iv) by striking ``(3) assist'' and 
                        inserting the following:
                    ``(C) assist'';
                            (v) by striking ``(4) coordinate'' and 
                        inserting the following:
                    ``(D) coordinate'';
                            (vi) by striking ``(5) provide'' and 
                        inserting the following:
                    ``(E) provide'';
                            (vii) by striking ``(6) submit'' and 
                        inserting the following:
                    ``(F) submit'';
                            (viii) in paragraph (1), as so 
                        redesignated--
                                    (I) in the matter preceding 
                                subparagraph (A), by inserting 
                                ``region'' before ``representatives''; 
                                and
                                    (II) in subparagraphs (A) through 
                                (F), by striking ``Great Lakes'' each 
                                place it appears and inserting ``Great 
                                Lakes region'';
                    (C) by striking ``(b) Consultation.--The Task 
                Force'' and inserting the following:
            ``(2) Consultation.--The Task Force'';
                    (D) by striking ``(c) Canadian Participation.--The 
                panel'' and inserting the following:
            ``(3) Canadian participation.--The panel'';
                    (E) in paragraphs (2) and (3) of subsection (a), as 
                so redesignated, by striking ``this section'' and 
                inserting ``this subsection''; and
                    (F) by adding at the end the following new 
                subsections:
    ``(b) Western Regional Panel.--Not later than 30 days after the 
date of enactment of the National Invasive Species Act of 1996, the 
Task Force shall request a Western regional panel, comprised of Western 
region representatives from Federal, State, and local agencies and from 
private environmental and commercial interests, to--
            ``(1) identify priorities for the Western region with 
        respect to aquatic nuisance species;
            ``(2) make recommendations to the Task Force regarding an 
        education, monitoring (including inspection), prevention, and 
        control program to prevent the spread of the zebra mussel west 
        of the 100th Meridian pursuant to section 1202(i) of this Act;
            ``(3) coordinate, where possible, other aquatic nuisance 
        species program activities in the Western region that are not 
        conducted pursuant to this Act;
            ``(4) develop an emergency response strategy for Federal, 
        State, and local entities for stemming new invasions of aquatic 
        nuisance species in the region;
            ``(5) provide advice to public and private individuals and 
        entities concerning methods of preventing and controlling 
        aquatic nuisance species infestations; and
            ``(6) submit annually a report to the Task Force describing 
        activities within the Western region related to aquatic 
        nuisance species prevention, research, and control.
    ``(c) Additional Regional Panels.--The Task Force shall--
            ``(1) encourage the development and use of regional panels 
        and other similar entities in regions in addition to the Great 
        Lakes and Western regions (including providing financial 
        assistance for the development and use of such entities) to 
        carry out, with respect to those regions, activities that are 
        similar to the activities described in subsections (a) and (b); 
        and
            ``(2) cooperate with regional panels and similar entities 
        that carry out the activities described in paragraph (1).''.
            (6) State or interstate watershed aquatic nuisance species 
        management plan.--Section 1204 (16 U.S.C. 4724) is amended--
                    (A) in subsection (a)--
                            (i) by striking the subsection designation 
                        and heading and inserting the following:
    ``(a) State or Interstate Invasive Species Management Plans.--'';
                            (ii) in paragraph (1)--
                                    (I) by striking the matter 
                                preceding subparagraph (A) and 
                                inserting the following:
            ``(1) In general.--After providing notice and opportunity 
        for public comment, the Governor of each State may prepare and 
        submit, or the Governors of the States and the governments of 
        the Indian tribes involved in an interstate organization, may 
        jointly prepare and submit--'';
                                    (II) in subparagraph (A), by 
                                striking ``technical and financial 
                                assistance'' and inserting ``technical, 
                                enforcement, or financial assistance 
                                (or any combination thereof)''; and
                                    (III) in subparagraphs (A) and (B), 
                                by inserting ``or within the interstate 
                                region involved'' after ``within the 
                                State'' each place it appears;
                            (iii) in paragraph (2)--
                                    (I) in subparagraph (B), by 
                                striking ``and'' at the end of the 
                                subparagraph;
                                    (II) by redesignating subparagraph 
                                (C) as subparagraph (D);
                                    (III) by inserting after 
                                subparagraph (B) the following:
                    ``(C) identify any authority that the State (or any 
                State or Indian tribe involved in the interstate 
                organization) does not have at the time of the 
                development of the plan that may be necessary for the 
                State (or any State or Indian tribe involved in the 
                interstate organization) to protect public health, 
                property, and the environment from harm by aquatic 
                nuisance species; and''; and
                                    (IV) in subparagraph (D), as so 
                                redesignated, by inserting ``, and 
                                enabling legislation'' before the 
                                period;
                            (iv) in paragraph (3)--
                                    (I) in subparagraph (A)--
                                            (aa) by inserting ``or 
                                        interstate organization'' after 
                                        ``the State''; and
                                            (bb) by inserting ``Indian 
                                        tribes,'' after ``local 
                                        governments and regional 
                                        entities,''; and
                                    (II) in subparagraph (B), by 
                                inserting ``or the appropriate official 
                                of an interstate organization'' after 
                                ``a State''; and
                            (v) in paragraph (4), by inserting ``or the 
                        interstate organization'' after ``the 
                        Governor'';
                    (B) in subsection (b)(1)--
                            (i) by striking ``or the Assistant 
                        Secretary, as appropriate under subsection 
                        (a),''; and
                            (ii) by striking ``approved management 
                        plans'' and inserting ``management plans 
                        approved under subsection (a)''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(c) Enforcement Assistance.--Upon request of a State or Indian 
tribe, the Director or the Under Secretary, to the extent allowable by 
law and in a manner consistent with section 141 of title 14, United 
States Code, may provide assistance to a State or Indian tribe in 
enforcing an approved State or interstate invasive species management 
plan.''.
    (f) Authorizations of Appropriations.--Section 1301 (16 U.S.C. 
4741) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (2);
                    (B) by striking paragraph (3) and inserting the 
                following;
            ``(3) to the Secretary to carry out section 1101--
                    ``(A) $2,000,000 for each of fiscal years 1997 and 
                1998; and
                    ``(B) $3,000,000 for each of fiscal years 1999 
                through 2002;''; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(4) for each of fiscal years 1997 through 2002, to carry 
        out paragraphs (1) and (2) of section 1102(b)--
                    ``(A) $1,000,000 to the Department of the Interior, 
                to be used by the Director; and
                    ``(B) $1,000,000 to the Secretary; and
            ``(5) for each of fiscal years 1997 through 2002--
                    ``(A) $3,000,000, which shall be made available 
                from funds otherwise authorized to be appropriated if 
                such funds are so authorized, to the Under Secretary to 
                carry out section 1102(e); and
                    ``(B) $500,000 to the Secretary to carry out 
                section 1102(f).'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``1991, 1992, 1993, 1994, and 1995'' and 
                inserting ``1997 through 2002''; and
                    (B) by striking paragraphs (1) through (7) and 
                inserting the following:
            ``(1) $6,000,000 to the Department of the Interior, to be 
        used by the Director to carry out sections 1202 and 1209;
            ``(2) $1,000,000 to the Department of Commerce, to be used 
        by the Under Secretary to carry out section 1202;
            ``(3) $1,625,000, which shall be made available from funds 
        otherwise authorized to be appropriated if such funds are so 
        authorized, to fund aquatic nuisance species prevention and 
        control research under section 1202(i) at the Great Lakes 
        Environmental Research Laboratory of the National Oceanic and 
        Atmospheric Administration, of which $500,000 shall be made 
        available for grants, to be competitively awarded and subject 
        to peer review, for research relating to Lake Champlain;
            ``(4) $5,000,000 for competitive grants for university 
        research on aquatic nuisance species under section 1202(f)(3) 
        as follows:
                    ``(A) $2,800,000, which shall be made available 
                from funds otherwise authorized to be appropriated if 
                such funds are so authorized, to fund grants under 
                section 205 of the National Sea Grant College Program 
                Act (33 U.S.C. 1124);
                    ``(B) $1,200,000 to fund grants to colleges for the 
                benefit of agriculture and the mechanic arts referred 
                to in the first section of the Act of August 30, 1890 
                (26 Stat. 417, chapter 841; 7 U.S.C. 322); and
                    ``(C) $1,000,000 to fund grants through the 
                Cooperative Fisheries and Wildlife Research Unit 
                Program of the United States Fish and Wildlife Service;
            ``(5) $3,000,000 to the Department of the Army, to be used 
        by the Assistant Secretary to carry out section 1202(i)(1)(B); 
        and
            ``(6) $300,000 to the Department of the Interior, to be 
        used by the Director to fund regional panels and similar 
        entities under section 1203, of which $100,000 shall be used to 
        fund activities of the Great Lakes Commission.'';
            (3) by striking subsection (c) and inserting the following:
    ``(c) Grants for State Management Programs.--There are authorized 
to be appropriated for each of fiscal years 1997 through 2002 
$4,000,000 to the Department of the Interior, to be used by the 
Director for making grants under section 1204, of which $1,500,000 
shall be used by the Director, in consultation with the Assistant 
Secretary, for management of aquatic nuisance vegetation species.''; 
and
            (4) by adding at the end the following new subsection:
    ``(e) Ballast Water Management Demonstration Program.--There are 
authorized to be appropriated $2,500,000 to carry out section 1104.''.
    (g) References to Appropriate Committees.--The Act (16 U.S.C. 4701 
et seq.) is amended by striking ``appropriate Committees'' each place 
it appears and inserting ``Congress''.
    (h) Technical Corrections.--Public Law 101-646 (16 U.S.C. 4701 et 
seq.) is amended--
            (1) in titles I, II, and IV, by striking the quotation 
        marks at the beginning of any title, subtitle, section, 
        subsection, paragraph, subparagraph, clause, subclause, or 
        undesignated provision;
            (2) at the end of titles II and IV, by striking the closing 
        quotation marks and the final period; and
            (3) in section 1003--
                    (A) by striking each single opening quotation mark 
                and inserting double opening quotation marks; and
                    (B) by striking each single closing quotation mark 
                and inserting double closing quotations marks.

SEC. 3. STATUTORY CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act is intended 
to affect the authorities and responsibilities of the Great Lakes 
Fishery Commission established under article II of the Convention on 
Great Lakes Fisheries between the United States of America and Canada, 
signed at Washington on September 10, 1954 (hereafter in this section 
referred to as the ``Convention''), including the authorities and 
responsibilities of the Great Lakes Fishery Commission--
            (1) for developing and implementing a comprehensive program 
        for eradicating or minimizing populations of sea lamprey in the 
        Great Lakes watershed; and
            (2) carrying out the duties of the Commission specified in 
        the Convention (including any amendment thereto) and the Great 
        Lakes Fishery Act of 1956 (16 U.S.C. 931 et seq.).

            Passed the House of Representatives September 24, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.