[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5396 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5396

To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act 
              of 1990 to reauthorize and improve that Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2002

 Mr. Gilchrest (for himself, Mr. Ehlers, Mr. Baird, Mr. Hoekstra, Mr. 
Scott, Mr. Kirk, Mr. Baldacci, Mr. Allen, Ms. Baldwin, Mr. Barcia, Mr. 
Bonior, Ms. Brown of Florida, Mr. Brown of Ohio, Mr. Camp, Mr. Cardin, 
    Mr. Cummings, Mr. Dicks, Mr. Ehrlich, Mr. English, Mr. Farr of 
California, Mr. Greenwood, Ms. Kaptur, Mr. Kildee, Ms. Kilpatrick, Mr. 
    Kind, Mr. Kucinich, Mr. LaTourette, Mr. Levin, Mr. McHugh, Mrs. 
Morella, Ms. Rivers, Mr. Rogers of Michigan, Ms. Slaughter, Mr. Stupak, 
Mrs. Biggert, Mr. Pallone, Mr. Blumenauer, Mr. Underwood, Mrs. Maloney 
  of New York, Mr. Ortiz, Mr. Upton, and Ms. McCollum) introduced the 
 following bill; which was referred to the Committee on Transportation 
and Infrastructure, and in addition to the Committee on Resources, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 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 2002''.
    (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--AQUATIC INVASIVE SPECIES MANAGEMENT

Sec. 101. Program coordination.
Sec. 102. Federal consistency.
Sec. 103. International coordination.
Sec. 104. Prevention of introduction of aquatic invasive species into 
                            waters of the United States by vessels.
Sec. 105. Prevention of the introduction of aquatic invasive species 
                            into waters of the United States by other 
                            pathways.
Sec. 106. Early detection and monitoring.
Sec. 107. Containment and control.
Sec. 108. Brown tree snake control program.
Sec. 109. Information, education, and outreach.
               TITLE II--AUTHORIZATION OF APPROPRIATIONS

Sec. 201. Authorization of appropriations.
                    TITLE III--CONFORMING AMENDMENTS

Sec. 301. Conforming amendments.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) invasive species can cause devastating declines in 
        local, regional, and national species diversity;
            (2) aquatic invasive species continue to be introduced into 
        water of the United States;
            (3) aquatic invasive species damage infrastructure, disrupt 
        commerce, outcompete 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) recent studies have--
                    (A) demonstrated that, in addition to economic 
                damage, invasive species can cause enormous ecological 
                damage; and
                    (B) cited invasive species as the second leading 
                threat to endangered species;
            (7) over the past 200 years, the rate of detected marine 
        and freshwater invasions in North America has increased 
        exponentially;
            (8) wetlands suffer compound impacts from--
                    (A) terrestrial infestations (such as Nutria);
                    (B) aquatic infestations (such as Hydrilla); and
                    (C) riparian infestations (such as Purple 
                Loosestrife);
            (9) the rate of invasions continues to be unacceptable;
            (10) infestations by aquatic invasive species often spread 
        and cause significant, negative regional, national, and 
        international effects;
            (11) 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;
            (12) to be effective, the prevention, early detection, and 
        control of and rapid response to aquatic invasive species 
        should be coordinated regionally, nationally, and 
        internationally;
            (13) research underlies every aspect of detecting, 
        preventing, controlling, and eradicating invasive species, 
        educating citizens and stakeholders, and restoring ecosystems;
            (14) pathway management is the most promising approach to 
        reducing unplanned introductions of aquatic invasive species;
            (15) consistent national screening criteria are needed to 
        evaluate the potential risk of nonnative aquatic species;
            (16) States and regions have specific problems with respect 
        to aquatic invasive species and resources for addressing 
        aquatic invasive species;
            (17) an emphasis on research, development, and 
        demonstration to support prevention efforts would likely result 
        in a more cost-effective and successful approach to combating 
        invasive species through preventing initial introduction;
            (18) research, development, and demonstration to support 
        prevention includes monitoring of pathways and ecosystems to 
        track the introduction and establishment of invasive species, 
        analysis of that data, and development and testing of 
        technologies to prevent introduction through known pathways;
            (19) the Aquatic Invasive Species Task Force established by 
        section 1201(a) of the Nonindigenous Aquatic Nuisance 
        Prevention and Control Act of 1990 (16 U.S.C. 4721(a)) has been 
        directed by Congress to coordinate interagency responses to 
        aquatic invasive species, but the provision of additional 
        direction, and assignment of specific responsibilities, to 
        various Federal agencies would accelerate those responses; and
            (20) it is in the interest of the United States to conduct 
        a comprehensive and thorough research, development, and 
        demonstration program on aquatic invasive species in order to 
        better understand how aquatic invasive species are introduced 
        and become established and to support efforts to prevent the 
        introduction and establishment of those species.

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 in the united states.--The term 
        `aquatic ecosystems in the United States' means freshwater, 
        marine, and estuarine environments (including inland waters and 
        wetlands), located wholly or in part, 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) Coastal voyage.--The term `coastal voyage' means a 
        voyage conducted entirely within the exclusive economic zone.
            ``(6) Control.--The term `control' means--
                    ``(A) the eradication, suppression, reduction, or 
                management of an aquatic invasive species population;
                    ``(B) the containment of spread of an aquatic 
                invasive species; and
                    ``(C) any action taken, such as restoration of 
                native species or habitat--
                            ``(i) to reduce the effects of an aquatic 
                        invasive species; and
                            ``(ii) to prevent further invasions by the 
                        aquatic invasive species.
            ``(7) Director.--The term `Director' means the Director of 
        the United States Fish and Wildlife Service.
            ``(8) Environmentally sound.--The term `environmentally 
        sound', when used in reference to any activity or thing, refers 
        to an activity or thing that prevents introductions, or 
        controls infestations, of aquatic invasive species in a manner 
        that--
                    ``(A) minimizes adverse effects on--
                            ``(i) the structure and function of an 
                        ecosystem; and
                            ``(ii) nontarget organisms and ecosystems; 
                        and
                    ``(B) emphasizes the use of integrated pest 
                management techniques.
            ``(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) Great lake.--The term ``Great Lake'' 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).
            ``(11) 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.
            ``(12) Hydrographically distinct zones.--The term 
        `hydrographically distinct zones' means contiguous coastal 
        areas in which (as determined by the Task Force) there is the 
        potential for the movement of organisms, both through natural 
        pathways and a multiplicity of anthropogenic means, such that 
        the dispersal of most native organisms may not be significantly 
        altered by the movement of vessels alone.
            ``(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) Interstate organization.--The term `interstate 
        organization' means an entity that--
                    ``(A) is established by--
                            ``(i) an interstate compact approved by 
                        Congress;
                            ``(ii) an Act of Congress; or
                            ``(iii) an international agreement to which 
                        the United States is a party;
                    ``(B)(i) represents 2 or more--
                            ``(I) States (or political subdivisions of 
                        States); or
                            ``(II) Indian tribes;
                    ``(ii) represents--
                            ``(I) 1 or more States (or political 
                        subdivisions of States); and
                            ``(II) 1 or more Indian tribes; or
                    ``(iii) represents the Federal Government and 1 or 
                more foreign governments; and
                    ``(C) has jurisdiction over, serves as a forum for 
                coordinating, or otherwise has a role or responsibility 
                for the management of, any land or other natural 
                resource.
            ``(17) 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.
            ``(18) Invasion.--The term `invasion' means an infestation 
        of an aquatic invasive species.
            ``(19) 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.
            ``(20) 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).
            ``(21) New source.--The term `new source' means any source 
        of nonnative species that may be introduced by construction 
        that is commenced after the publication of a proposed 
        regulation prescribing a standard of performance under this Act 
        that is applicable to the source, if the standard is 
        subsequently promulgated in accordance with this Act.
            ``(22) Nonindigenous species.--The term `nonindigenous 
        species' means any species that enters an ecosystem outside the 
        historic range of the species.
            ``(23) Organism in trade.--The term `organism in trade' 
        means an organism of a species or subspecies that has a 
        documented history of being commercially imported during the 
        period beginning on January 1, 1990, and ending on January 1, 
        2002.
            ``(24) Organism transfer.--The term `organism transfer' 
        means the movement of an organism of any species from 1 
        ecosystem to another ecosystem.
            ``(25) Pathway.--The term `pathway' means 1 or more routes 
        by which an invasive species is transferred from 1 ecosystem to 
        another.
            ``(26) Pilot scale test.--The term `pilot scale test' means 
        a test--
                    ``(A) that is conducted at less than full-scale; 
                but
                    ``(B) the results of which can potentially be 
                extrapolated to the full scale.
            ``(27) Planned importation.--The term `planned importation' 
        means the purposeful movement of a species into the territorial 
        limits of the United States.
            ``(28) Regional panel.--The term `regional panel' means a 
        panel convened in accordance with section 1203.
            ``(29) Secretary.--The term `Secretary' means the Secretary 
        of the department in which the Coast Guard is operating.
            ``(30) Species.--The term `species' means--
                    ``(A) a fundamental category of taxonomic 
                classification, ranking below a genus or subgenus, and 
                consisting of related organisms capable of 
                interbreeding; and
                    ``(B) any viable biological material, as determined 
                by the Task Force.
            ``(31) Task force.--The term `Task Force' means the Aquatic 
        Invasive Species Task Force established by section 1201(a).
            ``(32) 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.
            ``(33) Treatment.--The term `treatment' means a mechanical, 
        physical, chemical, biological, or other process or method of 
        killing, removing, or rendering infertile, harmful organisms.
            ``(34) Type approval.--The term `type approval' means an 
        approval procedure under which a type of system is certified as 
        meeting a standard established by law (including a regulation) 
        for a particular application.
            ``(35) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Oceans and Atmosphere.
            ``(36) Undesirable impact.--The term `undesirable impact' 
        means economic, aesthetic, or environmental degradation that is 
        not necessary for, and is not clearly outweighed by, public 
        health, environmental, or welfare benefits.
            ``(37) 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--AQUATIC INVASIVE SPECIES MANAGEMENT

SEC. 101. 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 (10); 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; 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 2002, 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) 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.''.
    (d) Organizations.--Section 1203 of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4723) (as 
amended by subsection (c)) is amended by adding at the end the 
following:
    ``(e) Organizations.--An interstate organization that has a Federal 
charter authorized by law, interstate agreement, or executive order for 
purposes of fisheries or natural resource management may receive funds 
under this Act to implement activities authorized under this Act.''.
    (e) 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 under 
                        the Lacey Act Amendments of 1981 (16 U.S.C. 
                        3371 et seq.);
                            ``(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)); or
                            ``(iii) any list of species of wildlife 
                        under part 16 of title 50, 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).''.
    (f) 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 (1), by inserting ``(including tribal 
        governments within a State)'' after ``Indian tribes'';
            (2) 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 response contingency strategies 
                        under section 1211;
                            ``(ii) early detection strategies under 
                        section 1211(a)(2)(D);
                            ``(iii) aquatic plant control programs 
                        under section 1210; and
                            ``(iv) screening of planned introductions 
                        pursuant to section 1105''; and
                    (B) in subparagraph (D), by inserting ``include'' 
                after ``(D)''; and
            (3) 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 2002, the Task Force shall publish in 
                the Federal Register guidelines 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;
                            ``(ii) early detection and monitoring 
                        strategies;
                            ``(iii) aquatic plant control programs;
                            ``(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 any Federal agency of jurisdiction to enforce 
                requirements relating to aquatic invasive species 
                under--
                            ``(i) 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)); or
                            ``(ii) part 16 of title 50, Code of Federal 
                        Regulations (or any successor regulations).
            ``(7) Review and revision.--Each State shall periodically 
        review and, as necessary, revise the management plan of the 
        State in accordance with guidelines of the Task Force.
            ``(8) 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.''.
    (g) 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. 102. FEDERAL CONSISTENCY.

    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. FEDERAL CONSISTENCY.

    ``To the maximum extent practicable, no Federal agency shall 
authorize, fund, or carry out any action that would likely cause or 
promote the introduction or spread of an invasive species in the United 
States or any other location unless the Federal agency has issued 
guidelines in accordance with applicable requirements of Executive 
Order 13112 (42 U.S.C. 4321 note) relating to invasive species under 
which the Federal agency first determines, and makes public the 
determination, that--
            ``(1) the benefits of the action to be authorized, funded, 
        or carried out clearly outweigh the potential harm caused by 
        the introduction or spread of an invasive species; and
            ``(2) all feasible and prudent measures to minimize risk of 
        harm will be taken in carrying out the actions.''.

SEC. 103. INTERNATIONAL COORDINATION.

    Subtitle E of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4751 et seq.) (as amended by section 
102) is amended by adding at the end the following:

``SEC. 1403. INTERNATIONAL COORDINATION.

    ``(a) In General.--The Task Force, the Invasive Species Council, 
and the Secretary of State shall, to the maximum extent practicable, 
coordinate activities to ensure that international efforts to prevent 
and manage 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.--
                    ``(A) In general.--As soon as practicable after the 
                date of enactment of the National Aquatic Invasive 
                Species Act of 2002, the Secretary of State may enter 
                into negotiations with--
                            ``(i) 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 and agreements;
                                    ``(II) an analysis of 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 the policies 
                                referred to in clause (i); and
                            ``(ii) 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.''.

SEC. 104. 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--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Minimum Requirements for All Vessels Entering Ports of the 
United States.--
            ``(1) Invasive species management plan.--
                    ``(A) In general.--Effective beginning on the date 
                that is 180 days after the promulgation of applicable 
                guidelines or regulations under the National Aquatic 
                Invasive Species Act of 2002, each vessel entering a 
                port of the United States shall have in effect 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 
                (including towed vessels), pursuant to the guidelines 
                or regulations.
                    ``(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 ballast water 
                        management requirements under paragraph (4);
                            ``(ii) operational requirements to safely 
                        and effectively carry out any actions required 
                        under a rapid response contingency strategy 
                        approved by the Secretary under section 1211;
                            ``(iii) other requirements 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 any ballast 
                        water 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 subsection (k), if appropriate; and
                            ``(x) such requirements described in 
                        subsection (e) 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 2002, 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 2002, the Secretary shall promulgate 
                best management practices to minimize and monitor the 
                transfer by vessels of organisms between 
                hydrographically distinct zones.
                    ``(B) Practices to be included.--The best 
                management practices shall include--
                            ``(i) regular removal or purging of 
                        sediments from ballast tanks in the open ocean 
                        (or in other areas in accordance with 
                        guidelines adopted by the International 
                        Maritime Organization) so that there is little 
                        or no sediment accumulation in ballast tanks of 
                        transoceanic vessels;
                            ``(ii) minimization of ballast water 
                        operations--
                                    ``(I) in areas with toxic algal 
                                blooms, known outbreaks of aquatic 
                                invasive species, and sewage outfalls;
                                    ``(II) in darkness, when bottom-
                                dwelling organisms may rise in the 
                                water column;
                                    ``(III) in areas with naturally 
                                high levels of suspended sediments 
                                (including river mouths and deltas);
                                    ``(IV) in areas that have been 
                                affected significantly by soil erosion 
                                from inland drainage); and
                                    ``(V) in areas in which sediments 
                                have been disturbed (including areas 
                                near dredging operations and areas of 
                                shallow water in which the propellers 
                                of a vessel may have disturbed the 
                                sediment);
                            ``(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 disposal of debris from the 
                        cleaning of the hull, sea chests, sea suction 
                        grids, and other hull apertures so that the 
                        debris does not remain in the water or fall to 
                        the seabed;
                            ``(v)(I) at the time at which an anti-
                        fouling coating is applied, coating of greater 
                        than 95 percent of the surface of the hull that 
                        is exposed to water below the water line; and
                            ``(II) reapplication of anti-fouling paint 
                        prior to coating failure on any part of the 
                        vessel to which an anti-fouling coating is 
                        applied; and
                            ``(vi) provision of sample access ports in 
                        ballast piping for sampling of ballast intake 
                        and discharge.
            ``(4) Design features and treatment systems for new 
        vessels.--A vessel of which construction begins on or after 
        January 1, 2006, shall be equipped with design features and 
        ballast water treatment systems that meet, at a minimum--
                    ``(A) the standards described in subsection 
                (e)(1)(B)(ii); or
                    ``(B) on promulgation of final standards pursuant 
                to subsection (e)(2)(A), such final standard as is 
                applicable to the vessel.'';
            (2) in subsection (b), by adding at the end the following:
            ``(5) Additional requirements for vessels entering great 
        lakes after operating outside the eez.--
                    ``(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 2002, the Secretary 
                shall--
                            ``(i) review and revise regulations 
                        promulgated under this section; and
                            ``(ii) promulgate the revised regulations.
                    ``(B) Contents.--The revised regulations shall 
                include--
                            ``(i) requirements under subsections (a) 
                        and (e) (as amended by that Act); and
                            ``(ii) such other provisions as are 
                        necessary to improve the effectiveness of the 
                        program under this Act to prevent introductions 
                        of aquatic invasive species into the Great 
                        Lakes.'';
            (3) by striking subsections (c) through (f) and subsection 
        (h);
            (4) by redesignating subsection (g) as subsection (h);
            (5) by inserting after subsection (b) the following:
    ``(c) Additional Requirements for Vessels Entering United States 
Ports After Operating Outside EEZ.--
            ``(1) In general.--Effective beginning on the date that is 
        18 months after the date of enactment of the National Aquatic 
        Invasive Species Act of 2002, in addition to complying with 
        applicable requirements under subsection (a) and except as 
        provided in subsection (e)(2)(B)(v), each vessel equipped with 
        a ballast water tank that, after operating on the waters beyond 
        the exclusive economic zone, enters a United States port, other 
        than a United States port on the Great Lakes, shall comply with 
        the regulations promulgated under paragraph (2).
            ``(2) Regulations.--Not later than 18 months after the date 
        of enactment of the National Aquatic Invasive Species Act of 
        2002, the Secretary shall promulgate, with the concurrence of 
        the Administrator, regulations to implement this subsection 
        that--
                    ``(A) ensure, to the maximum extent practicable, 
                that aquatic invasive species are not discharged into 
                waters of the United States from vessels, including 
                through requirements consistent with interim and final 
                standards issued under paragraph (1)(B)(ii) or (2) of 
                subsection (e), as applicable;
                    ``(B) apply to all vessels described in paragraph 
                (1);
                    ``(C) protect the safety of--
                            ``(i) each vessel; and
                            ``(ii) the crew and passengers of each 
                        vessel;
                    ``(D) direct a vessel described in paragraph (1)--
                            ``(i) to carry out the exchange of ballast 
                        water of the vessel in waters beyond the 
                        exclusive economic zone in accordance with the 
                        standards and certification procedures 
                        promulgated under subsection (e);
                            ``(ii) in a case in which the master of the 
                        vessel determines that compliance with clause 
                        (i) is impracticable, to exchange the ballast 
                        water of the vessel in other waters in which 
                        the exchange does not pose a threat of invasion 
                        or spread of nonindigenous species in waters of 
                        the United States, as designated by the 
                        Secretary; 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 in accordance with standards and 
                        certification procedures promulgated under 
                        subsection (e);
                    ``(E) provide for in-line sampling procedures of 
                ballast piping to monitor compliance with the 
                regulations;
                    ``(F) 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; and
                    ``(G) are based on the best scientific information 
                available.
    ``(d) Additional Requirement for Vessels Engaged in Coastal 
Voyages.--
            ``(1) In general.--A vessel engaged in a coastal voyage 
        shall minimize the introduction and spread of an aquatic 
        invasive species between hydrographically distinct zones in a 
        manner that is consistent with limitations and requirements on 
        transoceanic voyages imposed under the final standard 
        promulgated and applied under subsection (e)(2).
            ``(2) Designation of hydrographically distinct zones.--Not 
        later than 18 months after the date of enactment of the 
        National Aquatic Invasive Species Act of 2002, and periodically 
        thereafter but not less frequently than once every 3 years, the 
        Task Force shall, based on available research and monitoring 
        data and in consultation with regional panels of the Task 
        Force, with the concurrence of the Secretary, designate 
hydrographically distinct zones for purposes of this Act.
    ``(e) Ballast Water Management Standards and Certification 
Procedures.--
            ``(1) Interim standards.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the National Aquatic Invasive 
                Species Act of 2002, the Secretary, with the 
                concurrence of the Administrator and in consultation 
                with the Task Force, shall promulgate regulations 
                establishing interim standards indicating acceptable--
                            ``(i) operational performance for ballast 
                        water exchange (including contingency 
                        procedures in instances in which a safety 
                        exemption is used pursuant to subsection (k)); 
                        and
                            ``(ii) biological effectiveness of ballast 
                        water treatment systems (including onshore 
                        facilities and facilities on board vessels).
                    ``(B) Requirements.--
                            ``(i) Ballast water exchange.--The interim 
                        standard for ballast water exchange described 
                        in subparagraph (A) shall require--
                                    ``(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;
                                    ``(II) in a case in which the 
                                master of a vessel determines that 
                                compliance with 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)(i) and recorded 
                                in the management plan of a vessel 
                                pursuant to subsection (a)(1)(C)(i); 
                                and
                                    ``(III) an approved contingency 
                                procedure using best practicable 
                                technology in instances in which a 
                                ballast water exchange is not 
                                undertaken pursuant to subsection (k).
                            ``(ii) Ballast system design and water 
                        treatment systems.--The interim standard for a 
                        ballast water system design and treatment 
                        system described in subparagraph (A) shall 
                        require that at least 95 percent of each of the 
                        live aquatic vertebrates, invertebrates, 
                        phytoplankton, and macroalgae, respectively, in 
                        ballast water taken in by a vessel or class of 
                        vessels be killed or removed from ballast 
                        discharge in the qualified type approved 
                        process promulgated under paragraph (5)(B)(ii)
                            ``(iii) Criteria; period of 
                        effectiveness.--The interim standards described 
                        in clauses (i) and (ii) shall--
                                    ``(I) meet occupational safety and 
                                environmental soundness criteria 
                                described in paragraph (6); and
                                    ``(II) cease to apply on the 
                                effective date of final standards 
                                developed pursuant to subsection 
                                (e)(2).
            ``(2) Final standards.--
                    ``(A) In general.--Not later than 4 years after the 
                date of enactment of the National Aquatic Invasive 
                Species Act of 2002, the Secretary and the 
                Administrator, in consultation with the Task Force, 
                shall promulgate final standards for ballast water 
                discharge and other vessel operations determined to 
                pose a significant risk to the environment through the 
                introduction of nonnative species.
                    ``(B) Requirements.--The final standards shall--
                            ``(i) result from application of the best 
                        available technology that is economically 
                        achievable for--
                                    ``(I) the applicable category or 
                                class of vessels; and
                                    ``(II) the new source or existing 
                                source status;
                            ``(ii) have the goal of eliminating the 
                        risk of introduction into waters of the United 
                        States by vessels of nonnative species, 
                        including plant, animal, and human pathogens;
                            ``(iii) consider findings of scientific and 
                        policy research, including research conducted 
                        pursuant to title II, particularly section 203;
                            ``(iv) apply to all methods of ballast 
                        water management and system design, including--
                                    ``(I) ballast water exchange;
                                    ``(II) ballast water treatment 
                                systems; and
                                    ``(III) other vessel operations 
                                determined to pose a significant risk 
                                to the environment through the 
                                introduction of nonnative organisms;
                            ``(v) be measurable;
                            ``(vi) be reviewed and, as appropriate, 
                        revised not less often than every 3 years 
                        pursuant to subsection (g)(1);
                            ``(vii) meet occupational safety and 
                        environmental soundness criteria described in 
                        paragraph (6); and
                            ``(viii) apply beginning not later than 
                        October 1, 2011.
            ``(3) Experimental approval for ballast water treatment.--
                    ``(A) In general.--Subject to subparagraph (B), if, 
                before the date on which the Secretary promulgates 
                interim ballast water management standards under 
                paragraph (1), an owner or operator of a vessel seeks 
                to conduct a treatment of ballast water--
                            ``(i) the owner or operator shall apply to 
                        the Secretary for experimental approval of the 
                        treatment; and
                            ``(ii) the Secretary shall approve the 
                        treatment if--
                                    ``(I) the owner or operator 
                                provides to the Secretary peer-
                                reviewed, pilot-scale information 
                                relating to the effectiveness and 
                                environmental soundness of the 
                                treatment;
                                    ``(II) the Secretary and the 
                                Administrator, in consultation with the 
                                Task Force (including relevant regional 
                                panels, and the Ballast Water and 
                                Shipping Committee, of the Task Force), 
                                determine that the technology to be 
                                used for the treatment has significant 
                                potential to kill or remove at least 95 
                                percent of the aquatic vertebrates, 
                                invertebrates, phyto-plankton, and 
                                macro algae, respectively, in ballast 
                                water taken in by the class of vessel 
                                for which the treatment is sought to be 
                                conducted; and
                                    ``(III) the Administrator 
                                determines that the treatment meets 
                                environmental regulations.
                    ``(B) 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 (A) shall be for the 
                        lesser of--
                                    ``(I) a period of 10 years or the 
                                expected life of the treatment system, 
                                whichever is earlier; or
                                    ``(II) such period of time for 
                                which the Secretary or Administrator 
                                (as appropriate) determines that (based 
                                on available information, including 
                                information developed pursuant to 
                                clause (iii)) there exists a serious 
                                deficiency in performance 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 (A)(ii), 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 pursuant to paragraph 
                        (7)(B)(ii)(III).
            ``(4) Incentives for use of treatment systems.--
                    ``(A) In general.--The Secretary and the 
                Administrator shall assist owners or operators of 
                vessels that seek to obtain experimental or interim 
                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) Preference.--The Secretary of the Interior 
                and the Secretary of Commerce shall give preference to 
                grant applications submitted under section 1104(b) for 
                research relative to tests on vessels of treatment 
                systems that have received approval for ballast water 
                treatment under paragraphs (1) and (3).
                    ``(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 
                (3).
            ``(5) Certification process.--
                    ``(A) In general.--Not later than the date on which 
                interim standards are promulgated under paragraph (1) 
                and final standards are promulgated under paragraph 
                (2), the Secretary shall establish, with the 
                concurrence of the Administrator, a certification 
                process for use in determining compliance of vessels 
                with the standards.
                    ``(B) Requirements.--In carrying out subparagraph 
                (A), the Secretary shall establish by regulation--
                            ``(i) a certification protocol for ballast 
                        water exchange involving dye studies or models 
                        detailing flow dynamics of vessels described in 
                        paragraph (1)(B)(i)(II); and
                            ``(ii) a shipboard protocol for qualified 
                        type approval of ballast water treatment 
                        systems for the interim and final standards 
                        described in paragraphs (1) and (2) that--
                                    ``(I) is capable of determining the 
                                extent to which a ballast water 
                                treatment system complies with 
                                applicable standards for the prevention 
                                of the transfer of aquatic organisms, 
                                including limitations on that 
                                compliance caused by--
                                            ``(aa) biological, 
                                        chemical, or physical 
                                        conditions of water taken into 
                                        ballast; and
                                            ``(bb) conditions 
                                        encountered during a voyage;
                                    ``(II) is capable of determining 
                                the extent to which a ballast water 
                                treatment system--
                                            ``(aa) is environmentally 
                                        sound, based on criteria 
                                        promulgated by the 
                                        Administrator under paragraph 
                                        (6)(A);
                                            ``(bb) is safe for vessel 
                                        and crew; and
                                            ``(cc) complies with this 
                                        Act;
                                    ``(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) may include a shore-based 
                                testing component;
                                    ``(V) is applicable to a specific 
                                vessel or group of vessels, as 
                                determined by the Secretary;
                                    ``(VI) includes such limitations as 
                                are appropriate;
                                    ``(VII) provides for appropriate 
                                monitoring; and
                                    ``(VIII) is cost effective.
            ``(6) 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 (7)(B)(i)(I) 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 (7)(B)(i)(I) shall be 
                        qualified under paragraph (7)(B)(ii).
            ``(7) Application.--
                    ``(A) In general.--The owner or operator of a 
                ballast water treatment system shall submit to the 
                Secretary and the Administrator an application for 
                qualified type approval of the ballast water treatment 
                system that is in such form and contains such 
                information as the Secretary may require.
                    ``(B) Approval and disapproval.--
                            ``(i) In general.--On receipt of an 
                        application under subparagraph (A)--
                                    ``(I) 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 (6)(A); and
                                            ``(bb) approve those 
                                        ballast water treatment systems 
                                        that meet those criteria; and
                                    ``(II) the Secretary, in 
                                cooperation 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 clause (i) shall--
                                    ``(I) 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;
                                    ``(II) be valid for the lesser 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 subsection 
                                        (e)(3)B(iii)) there exists a 
                                        serious deficiency in 
                                        performance or environmental 
                                        soundness of the system 
                                        relative to anticipated 
                                        performance or environmental 
                                        soundness; and
                                    ``(III) 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.
            ``(8) Penalties.--Paragraphs (1) and (2) of subsection (h) 
        shall apply to a violation of a regulation promulgated under 
        this subsection.
    ``(f) Coordination With Other Agencies.--The Secretary may 
coordinate with, and (with consent) use 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.
    ``(g) Periodic Review and Revision, and Effective Date, of 
Regulations.--
            ``(1) Periodic review and revision.--
                    ``(A) In general.--Not later than 3 years after the 
                date of enactment of the National Aquatic Invasive 
                Species Act of 2002, 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 in accordance 
                with criteria developed by the Task Force under 
                subparagraph (C))--
                            ``(i) assess the compliance by vessels with 
                        regulations promulgated under this section;
                            ``(ii) assess the effectiveness of the 
                        regulations referred to in clause (i) in 
                        reducing the introduction and spread of aquatic 
                        invasive species by vessels; and
                            ``(iii) as necessary, on the basis of the 
                        best scientific information available--
                                    ``(I) revise the regulations 
                                referred to in clause (i); and
                                    ``(II) promulgate additional 
                                regulations.
                    ``(B) 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, the Secretary shall (with the concurrence of 
                the Administrator)--
                            ``(i) conduct a special review of 
                        regulations in accordance with subparagraph 
                        (A); and
                            ``(ii) as necessary, in the same manner as 
                        provided under subparagraph (A)(iv)--
                                    ``(I) revise those guidelines; or
                                    ``(II) promulgate additional 
                                regulations.
                    ``(C) Criteria for effectiveness.--Not later than 1 
                year after the date of enactment of the National 
                Aquatic Invasive Species Act of 2002, 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.
            ``(2) International regulations.--
                    ``(A) In general.--The Secretary shall revise 
                regulations promulgated under this subsection as 
                necessary to ensure that the regulations relating to 
                any matter are consistent with the treatment of the 
                matter in any international agreement to which the 
                United States is a party that governs management of the 
                transfer by vessel of aquatic nonindigenous species.
                    ``(B) Limitation.--The revisions carried out 
                pursuant to subparagraph (A) shall not lessen the 
                protectiveness of the overall program established under 
                this Act.'';
            (6) in subsection (h) (as redesignated by paragraph (4))--
                    (A) in the first sentence of paragraph (1), by 
                striking ``$25,000'' and inserting ``$50,000''; and
                    (B) in paragraph (4)(B), by inserting ``, 
                contingency requirements under subsection (k),'' after 
                ``recordkeeping'';
            (7) by striking subsection (k) and inserting the following:
    ``(k) 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 pursuant to regulations 
        promulgated under subsection (e)(1)(B)(iii)).''; and
            (8) by adding at the end the following:
    ``(m) Applicability; Effect on Other Law.--Nothing in this section 
or any regulation promulgated under this section supersedes or 
otherwise affects any requirement or prohibition relating to the 
discharge of ballast water under the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.).
    ``(n) Continuity of Regulations and 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 2002, regulations shall remain 
        in effect as of the date of enactment of that Act.
            ``(2) Great lakes program.--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.''.
    (b) 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.--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.
            ``(3) Reports.--Not later than 3 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2002, 
        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 paragraph (2).''.
    (c) Conforming Amendments.--
            (1) Section 1101(g) of the Nonindigenous Aquatic Nuisance 
        Prevention and Control Act of 1990 (16 U.S.C. 4711(g)) is 
        amended by striking ``under subsection (b) of (f)'' each place 
        it appears and inserting ``under this section''.
            (2) 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(b)''.
            (3) 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(c)''.

SEC. 105. PREVENTION OF THE INTRODUCTION OF AQUATIC INVASIVE SPECIES 
              INTO WATERS OF THE UNITED STATES BY OTHER PATHWAYS.

    (a) 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 18 
months after the date of enactment of the National Aquatic Invasive 
Species Act of 2002, 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 title II and other 
available research relating to the rates of introductions in waters of 
the United States--
            ``(1) publish for public review and comment a system for 
        identifying and evaluating the relative risk of pathways of the 
        introductions;
            ``(2) identify any pathways that, according to that system, 
        pose the highest risk for introductions, both nationally and on 
        a region-by-region basis;
            ``(3) develop recommendations for management strategies for 
        those high-risk pathways; and
            ``(4) 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 title II.
    ``(b) Management of High Priority Pathways.--Not later than 3 years 
after the date of enactment of the National Aquatic Invasive Species 
Act of 2002, the Task Force shall, to the maximum extent practicable, 
implement the strategies described in subsection (a)(3).''.
    (b) 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 30 months after the date of 
enactment of the National Aquatic Invasive Species Act of 2002, no live 
aquatic organism 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 
        2002, 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 establishment of aquatic invasive 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 (i), the Invasive Species Council and the Task Force 
        shall consider--
                    ``(A) the likelihood of the spread of organisms by 
                human or natural means;
                    ``(B) organisms that may occur in association with 
                the organism planned for importation; and
                    ``(C) regional differences.
    ``(c) Categories.--The screening process shall require the 
identification (to at least the genus level) of live aquatic organisms 
and shall designate--
            ``(1) 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 organism is likely to spread; and
            ``(2) species with insufficient information to determine 
        the risk category based on guidelines issued pursuant to 
        section 1105(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 not in trade (other than through this Act) shall 
        screen the organism in accordance with guidelines promulgated 
        under subsection (b).
            ``(2) Delegation and authority.--If no agency has authority 
        described in paragraph (1) or an agency delegates the screening 
        to the Director under subsection (g), the Director shall screen 
        the organisms in accordance with subsections (a) and (b).
            ``(3) Multiple jurisdiction.--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 an agreement of the agencies, except that the Secretary of 
        Agriculture shall have sole responsibility for screening 
        cultured aquatic organisms.
    ``(e) Requirements.--A Federal agency of jurisdiction, or the 
Director under subsection (a)(2), shall--
            ``(1) restrict or prohibit the importation into the United 
        States from outside the United States of any species that is 
        described in subsection (c)(1);
            ``(2) prohibit the importation of any species described in 
        subsection (c)(2), unless the importation is for the sole 
        purpose of research that is conducted in accordance with 
        section 1202(f)(2); and
            ``(3) make a determination under this subsection not later 
        than 60 days after receiving a request for permission to import 
        a live aquatic species.
    ``(f) 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 (g).
    ``(g) 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.
    ``(h) Catalog of Organisms in Trade.--Not later than 1 year after 
the date of enactment of the National Aquatic Invasive Species Act of 
2002, 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 a catalog of organisms in trade; and
            ``(2) include the list in the information provided to the 
        public pursuant to section 1102(f).
    ``(i) Funds for State and Interstate Implementation of Screening 
Process.--Each State that implements a screening process for movements 
of live organisms, into and within the State, that is consistent with 
the Federal screening process established under this section, as part 
of the State invasive species management plan approved under section 
1204(a), shall be eligible to receive a grant under section 1204(b) for 
the implementation of the screening process.
    ``(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; and
                    ``(B) recommendations for revisions of the 
                processes.
    ``(k) Penalties.--Paragraphs (1) and (2) of section 1101(h) shall 
apply to a violation of this section.
    ``(l) Fees.--The head of any agency that has jurisdiction over a 
planned importation of a live organism 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).''.

SEC. 106. EARLY DETECTION AND MONITORING.

    Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 
105(b)) is amended by adding at the end the following:

``SEC. 1106. EARLY DETECTION AND MONITORING.

    ``(a) Early Detection.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of the National Aquatic Invasive Species Act of 
        2002, in conjunction with the Council, the Task Force shall 
        develop (based on the standard protocol for early detection 
        surveys developed under title II), publish for public comment, 
        and 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.
            ``(2) Contents.--The protocols, plan, and budget shall, at 
        a minimum--
                    ``(A) address a diversity of water bodies of the 
                United States (including inland and coastal waters);
                    ``(B) encourage State, local, port, and tribal 
                participation in monitoring;
                    ``(C) balance scientific rigor with practicability, 
                timeliness, and breadth of sampling activity;
                    ``(D) provide for the identification of possible 
                pathways causing or influencing distribution of newly-
                detected populations of harmful aquatic organisms;
                    ``(E) include a capacity to evaluate the impacts of 
                permitted importations screened by the processes 
                established under section 1105; and
                    ``(F) include clear lines of communication with 
                appropriate Federal, State, and regional rapid response 
                authorities.
            ``(3) Implementation.--Not later than 2 years after the 
        date of enactment of the National Aquatic Invasive Species Act 
        of 2002, the Director of the United States Fish and Wildlife 
        Service, 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) shall implement a national 
        system of ecological surveys that is--
                    ``(A) carried out in cooperation with State, local, 
                port, tribal authorities, and other non-Federal 
                entities (likes colleges and universities);
                    ``(B) based on the protocols, plan, and budget 
                published under subsection (a)(1) and any public 
                comment.
    ``(b) List of Potential Invaders.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the National Aquatic Invasive Species Act of 
        2002, and annually thereafter, the Task Force (building on 
        prior efforts to create lists, to the maximum extent 
        practicable) shall publish a list that identifies, based on 
        research (including research conducted under title II)--
                    ``(A) aquatic 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; and
                    ``(B) the likely pathways for introduction of the 
                species and transfer of the species.
            ``(2) Use.--The Task Force shall use the list to inform and 
        make recommendations regarding enforcement, voluntary actions, 
        early detection, monitoring, pathway management, rapid response 
        planning, and screening efforts.
            ``(3) Public availability.--The Task Force shall--
                    ``(A) make the list available to the public on the 
                Internet pursuant to section 1202(h)(4)(D); and
                    ``(B) in conjunction with the Invasive Species 
                Council, include the list in the report under section 
                1201(f)(2)(B).
            ``(4) Exchange of information.--The Task Force shall 
        exchange information on invasive species with interested 
        agencies, States, Indian tribes, international organizations 
        (such as the International Council for the Exploration of the 
        Sea), and other stakeholder groups to assist in efforts to 
        prevent and detect introductions.''.

SEC. 107. CONTAINMENT AND CONTROL.

    (a) National Dispersal Barrier Program.--
            (1) In general.--Section 1202 of the Nonindigenous Aquatic 
        Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722) is 
        amended--
                    (A) by redesignating subsections (j) and (k) as 
                subsections (l) and (m), respectively;
                    (B) by inserting after subsection (i) the 
                following:
    ``(j) National Dispersal Barrier Program.--
            ``(1) Chicago river ship and sanitary canal dispersal 
        barrier project.--
                    ``(A) In general.--The Assistant Secretary, with 
                the concurrence of the Administrator, shall complete 
                construction of, and maintain, the Chicago River Ship 
                and Sanitary Canal dispersal barrier project.
                    ``(B) Consultation.--Subparagraph (A) shall be 
                carried out in consultation with--
                            ``(i) the Task Force;
                            ``(ii) the Great Lakes Aquatic Nuisance 
                        Species Panel;
                            ``(iii) the Great Lakes Fishery Commission;
                            ``(iv) the Upper Mississippi River Basin 
                        Association;
                            ``(v) the Illinois Natural History Survey;
                            ``(vi) the Mississippi Interstate 
                        Cooperative Resources Association;
                            ``(vii) the city of Chicago;
                            ``(viii) local water and power authorities; 
                        and
                            ``(ix) other appropriate entities.
                    ``(C) Construction of barrier.
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the National 
                        Aquatic Invasive Species Act of 2002, the 
                        Assistant Secretary, with the concurrence of 
                        the Administrator, shall complete construction 
                        of and maintain the Chicago River Ship and 
                        Sanitary Canal dispersal barrier project.
                            ``(ii) Required elements of project.--The 
                        completed project under clause (i) shall 
                        include--
                                    ``(I) additions to the existing 
                                dispersal barrier, including--
                                            ``(aa) backup power;
                                            ``(bb) a research vessel 
                                        launching crane;
                                            ``(cc) replacement 
                                        electrodes;
                                            ``(dd) other barrier 
                                        elements, as available and 
                                        appropriate;
                                            ``(ee) an acoustic 
                                        monitoring system; and
                                            ``(ff) emergency egress 
                                        system; and
                                    ``(II) construction of a second 
                                long-service life dispersal barrier.
                    ``(D) Operation of barrier.--Not later than 1 year 
                after the date of enactment of the National Aquatic 
                Invasive Species Act of 2002, the Assistant Secretary 
                shall operate and maintain the Chicago River Ship and 
Sanitary Canal dispersal barrier project.
                    ``(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 2002, the 
                        Assistant Secretary, in consultation with the 
                        entities specified in subparagraph (B), shall 
                        conduct a feasibility study, incorporating 
                        information from the interbasin transfer 
                        monitoring program under paragraph (2)(C) and 
                        any relevant research, dispersal 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 
                                necessary to improve the performance of 
                                the Chicago River Ship and Sanitary 
                                Canal dispersal barrier; and
                                    ``(II) examine methods and measures 
                                necessary to achieve--
                                            ``(aa) to the maximum 
                                        extent practicable, 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; and
                                    ``(III) examine additional long-
                                term measures, including structural 
                                modifications, needed to prevent the 
                                spread of aquatic invasive species 
                                through the Chicago River Ship and 
                                Sanitary Canal.
            ``(2) Monitoring program.--
                    ``(A) Establishment.--Not later than 1 year after 
                the date of enactment of the National Aquatic Invasive 
                Species Act of 2002, the Secretary of the Interior 
                (acting through the Director and in consultation with 
                the Task Force) shall establish a program to be known 
                as the `interbasin and intrabasin transfer monitoring 
                program' (referred to in this paragraph as the 
                `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;
                            ``(ii) assess the efficacy of dispersal 
                        barriers and other measures in preventing the 
                        spread of aquatic invasive species through the 
                        waterways specified in clause (i);
                            ``(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 2002;
                            ``(iv) conduct a feasibility study of the 
                        full range of options available to prevent the 
                        spread of aquatic invasive species through the 
                        Lake Champlain Canal;
                            ``(v) build on and provide data to the 
                        early detection and monitoring system 
                        established pursuant to section 1106; and
                            ``(vi) use information collected under 
                        title II.
                    ``(C) Reports.--
                            ``(i) In general.--The Secretary of 
                        Interior, acting through the Director, shall 
                        make available to the public--
                                    ``(I) not later than 1 year after 
                                the date of enactment of the National 
                                Aquatic Invasive Species Act of 2002 
                                and annually thereafter, a report that 
                                contains the information described in 
                                clauses (i) and (ii) of subparagraph 
                                (B); and
                                    ``(II) not later than 2 years after 
                                the date of enactment of the National 
                                Aquatic Invasive Species Act of 
2002 and biennially thereafter, a report that contains the information 
described in clauses (iii) and (iv) of subparagraph (B).
                            ``(ii) Report to congress.--Not later than 
                        3 years after the date of enactment of the 
                        National Aquatic Invasive Species Act of 2002, 
                        the Assistant Secretary and the Director shall 
                        jointly submit to Congress a report that 
                        describes--
                                    ``(I) the efficacy of the Chicago 
                                River Ship and Sanitary Canal dispersal 
                                barrier project;
                                    ``(II) the results of the programs 
                                conducted under paragraphs (2) and (3); 
                                and
                                    ``(III) a plan to provide for 
                                additional dispersal barrier 
                                demonstration projects and further 
                                research needs.
                            ``(iii) Information.--The Invasive Species 
                        Council, in conjunction with the Task Force, 
                        shall include information described in 
                        subparagraph (B) in the report of the Task 
                        Force under section 1201(f)(2)(B).
            ``(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 aquatic invasive species.
            ``(4) 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 under 
        this subsection.''.
            (2) Conforming amendments.--
                    (A) Section 1202(i) of the Nonindigenous Aquatic 
                Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
                4722(i)) is amended--
                            (i) by striking the subsection heading and 
                        inserting the following:
    ``(i) Invasive Species Demonstration Program.--'';
                            (ii) by striking paragraph (3);
                            (iii) in paragraph (4), by striking 
                        ``studies under paragraphs (2) and (3)'' and 
                        inserting ``study under paragraph (2)''; and
                            (iv) by redesignating paragraphs (4) and 
                        (5) as paragraphs (3) and (4), respectively.
                    (B) Subsections (a)(1)(B) and (b)(2) of section 
                1203 of the Nonindigenous Aquatic Nuisance Prevention 
                and Control Act of 1990 (16 U.S.C. 4723) are amended by 
                striking ``section 1202(i) of this Act'' each place it 
                appears and inserting ``subsections (i) and (j) of 
                section 1202''.
    (b) Improvement of Treatment Methods for Aquatic Invasive 
Species.--Section 1202 of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4722) (as amended by subsection 
(a)(1)) 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 18 months after 
                the date of enactment of the National Aquatic Invasive 
                Species Act of 2002, the Administrator, in consultation 
                and cooperation 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 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 2002) 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).''.
    (c) 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 103(a)) is amended by adding at the end 
the following:

``SEC. 1211. RAPID RESPONSE.

    ``(a) State Rapid Response Contingency Strategies.--
            ``(1) Emergency funds for rapid response.--
                    ``(A) In general.--A State that has in effect a 
                rapid response contingency strategy for invasive 
                species in the State that is approved under paragraph 
                (2) shall be eligible to receive emergency funding for 
                a period of 1 fiscal year to implement rapid response 
                measures for aquatic invasive species under the 
                strategy, subject to renewal, as determined by the 
                Secretary of the Interior and the Secretary in 
                accordance with paragraph (2).
                    ``(B) Federal assistance.--If a Federal agency 
                carries out a rapid response measure under subparagraph 
                (A) on behalf of a State, the Federal agency shall 
                receive such emergency funding as would have been 
                awarded to the State to carry out the rapid response 
                measure.
            ``(2) Approval of rapid response contingency strategies.--
        The Task Force, in consultation with the Invasive Species 
        Council, and, with respect to any vessels involved, the 
        Secretary, shall approve a State rapid response contingency 
        strategy described in subparagraph (A) if the strategy--
                    ``(A) identifies all key governmental and 
                nongovernmental partners to be involved in carrying out 
                the strategy;
                    ``(B) 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;
                    ``(C) specifies criteria for rapid response 
                measures, including a diagnostic system that--
                            ``(i) distinguishes cases in which rapid 
                        response has a likelihood of success and cases 
                        in which rapid response has no likelihood of 
                        success;
                            ``(ii) distinguishes rapid response 
                        measures from ongoing management and control of 
                        established populations of aquatic invasive 
                        species; and
                            ``(iii) distinguishes instances in which 
                        the rate and probability of organism dispersal 
                        is significantly altered by vessel movements;
                    ``(D) includes an early detection strategy that 
                supports or complements the early detection and 
                monitoring system developed under section 1106;
                    ``(E) provides for a monitoring capability to 
                assess--
                            ``(i) the extent of infestations; and
                            ``(ii) the effectiveness of rapid response 
                        efforts;
                    ``(F) to the maximum extent practicable, is 
                integrated into the State aquatic invasive species 
                management plan approved under section 1204;
                    ``(G) does not use any rapid response tools that do 
                not meet environmental criteria developed under 
                subsection (e)(4);
                    ``(H) includes a public education and outreach 
                component directed at--
                            ``(i) potential pathways for spread of 
                        aquatic invasive species; and
                            ``(ii) persons involved in industries and 
                        recreational activities associated with those 
                        pathways; and
                    ``(I) to the extent that the strategy involves 
                vessels, conforms with guidelines issued by the 
                Secretary under subsection (c)(2).
    ``(b) 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.
    ``(c) Model Rapid Response Contingency Strategies.--Not later than 
18 months after the date of enactment of the National Aquatic Invasive 
Species Act of 2002--
            ``(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 for aquatic invasive species; and
                    ``(B) a model regional rapid response contingency 
                strategy for aquatic invasive species; and
            ``(2) the Secretary shall issue guidelines for the 
        inclusion of vessel-related requirements into a rapid response 
        contingency strategy, including specific requirements for 
        strategy provisions that may be approved under subsection 
        (a)(2)(J).
    ``(d) 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 (a) shall be 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 (b) shall be 75 percent.
    ``(e) 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 2002, 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, with a 
                rapid response contingency strategy approved under 
                subsection (a) or (b);
                    ``(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 2002, the Task Force, with the concurrence of the Invasive 
        Species Council, shall develop criteria to identify cases of 
        rapid response warranting Federal assistance under this 
        subsection, including 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 fish and 
                        wildlife;
                            ``(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 2002, 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.
    ``(f) National Nutria Control Program.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the National Aquatic Invasive Species Act of 
        2002, the Task Force shall establish a national subcommittee on 
        nutria composed of representatives of--
                    ``(A) the United States Fish and Wildlife Service;
                    ``(B) the United States Geological Survey;
                    ``(C) State fish and wildlife agencies in States 
                affected by nutria; and
                    ``(D) nonprofit and commercial interests in nutria 
                and the impact of nutria on native habitat and species.
            ``(2) Proposal for nutria control.--Not later than 1 year 
        after the date of enactment of the National Aquatic Invasive 
        Species Act of 2002, the subcommittee shall--
                    ``(A) report to the Task Force on actions taken to 
                carry out this subsection;
                    ``(B) draft a proposal for--
                            ``(i) nutria control guidelines; and
                            ``(ii) support, criteria, and processes for 
                        grants to promote State and regional 
                        partnership efforts to control nutria in 
                        accordance with the guidelines; and
                    ``(C) submit the proposal to the Task Force for 
                approval, including a recommendation to the Task Force 
                on national priority tasks and resources required to 
                carry out the proposal.
            ``(3) Other duties.--In addition to the responsibilities 
        described in paragraph (2), the subcommittee shall--
                    ``(A) oversee and coordinate implementation of 
                approved national priority tasks relating to nutria 
                control;
                    ``(B) review State and regional partnership grant 
                proposals and make recommendations to the Task Force on 
                making grants to carry out the proposals; and
                    ``(C) carry out additional duties assigned to the 
                subcommittee by the Task Force (including a co-
                chairperson of the Task Force).''.

SEC. 108. BROWN TREE SNAKE CONTROL PROGRAM.

    Section 1209 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4728) is amended to read as follows:

``SEC. 1209. BROWN TREE SNAKE CONTROL PROGRAM.

    ``(a) In General.--The Task Force and the Invasive Species Council 
shall support the continuation and expansion of a regionally-based 
comprehensive, environmentally sound program, conducted in coordination 
with territories and possessions of the United States, States, and 
political subdivisions, to control the brown tree snake on Guam, the 
Commonwealth of the Northern Mariana Islands, the State of Hawaii, and 
other areas in which the brown tree snake is, or may become, 
established outside of the historic range of the brown tree snake.
    ``(b) Components.--The program shall include--
            ``(1) the expansion of Federal and territorial control 
        programs on Guam that reduce the undesirable impact of the 
        brown tree snake on Guam and reduce the risk of spread to areas 
        in which the snake is not established;
            ``(2) the expansion of existing control programs in the 
        Commonwealth of the Northern Mariana Islands and the State of 
        Hawaii, including the establishment of interagency rapid 
        response teams to assist local governments with detecting brown 
        tree snakes and incipient brown tree snake populations in areas 
        in which brown tree snakes are not established;
            ``(3) product-oriented research based on control program 
        needs, including projects to reduce the number of brown tree 
        snakes on Guam and an analysis of pathways for brown tree snake 
        introduction into areas in which the species is not 
        established;
            ``(4) the appointment of a coordinator by the Invasive 
        Species Council to provide oversight and direction over Federal 
        actions dealing with brown tree snake control; and
            ``(5) the continuation of the Brown Tree Snake Control 
        Committee, which shall--
                    ``(A) be chaired by the coordinator; and
                    ``(B) meet annually to plan and coordinate ongoing 
                brown tree snake control activities on a regional and 
                national level.''.

SEC. 109. 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 2002, 
                        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 2002, the Under Secretary (in 
                        consultation with the States, relevant industry 
                        groups, and Indian tribes) shall develop a 
                        concerted 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 nonnative 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 2002, 
                                develop (in consultation with industry 
                                and other affected parties) guidelines 
                                for proper disposal of live nonnative 
                                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 2002, the Task 
                        Force shall develop an 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, including the Lewis and Clark 
                Bicentennial Expedition.
            ``(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, and pet trade 
        industries with screening, monitoring, and control of the 
        transportation of aquatic invasive species.
            ``(4) Public access to monitoring information.--The Task 
        Force, in consultation with the Smithsonian Environmental 
        Research Center, the Invasive Species Council, and other 
        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 
                sections 1211(a)(2) and 1211(c); and
                    ``(D) the list of potential invaders under section 
                1106(c).''.

               TITLE II--AUTHORIZATION OF APPROPRIATIONS

SEC. 201. 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 2003 through 2007.
    ``(b) Task Force and Aquatic Nuisance Species Program.--There are 
authorized to be appropriated for each of fiscal years 2003 through 
2007--
            ``(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;
            ``(4) $1,000,000, to be used by the Director to carry out 
        section 1105(f); and
            ``(5) $6,000,000, to be used by the Secretary of the 
        Interior to carry out section 1209.
    ``(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 2003 through 2007.
    ``(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 2003 through 2007--
            ``(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 2003 through 
2007--
            ``(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(f).
    ``(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 2003 and 2004 and $10,000,000 for each of fiscal years 
2005 through 2007, of which--
            ``(1) for each of fiscal years 2003 and 2004--
                    ``(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 2005 through 2007--
                    ``(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 2003 through 2007--
                    ``(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 2003 through 2007--
                    ``(A) $25,000,000, to the rapid response fund of 
                the Secretary of the Interior established under section 
                1211;
                    ``(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(e), 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 2003 through 
        2007.
            ``(4) National nutria control program.--There is authorized 
        to be appropriated to the Director to carry out the national 
        nutria control program under section 1211(f) $3,000,000 for 
        each of fiscal years 2003 through 2007.
    ``(h) Information, Education and Outreach.--There are authorized to 
be appropriated for each of fiscal years 2003 through 2007--
            ``(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).''.

                    TITLE III--CONFORMING AMENDMENTS

SEC. 301. CONFORMING AMENDMENTS.

    (a) In General.--The Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 is amended--
            (1) in section 1101 (16 U.S.C. 4711), by striking the 
        section heading and inserting the following:

``SEC. 1101. PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES 
              INTO WATERS OF THE UNITED STATES BY VESSELS.'';

            (2) 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;
            (3) 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'';

            (4) in section 1201(a) (16 U.S.C. 4721(a)), by striking 
        ``Nuisance Species'' and inserting ``Invasive Species'';
            (5) in section 1202 (16 U.S.C. 4722), by striking the 
        section heading and inserting the following:

``SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.'';

            (6) 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
            (7) 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>