[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 525 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 525

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2003

  Mr. Levin (for himself, Ms. Collins, Mr. DeWine, Ms. Stabenow, Mr. 
Reed, Mr. Inouye, Mr. Voinovich, Mr. Kennedy, Mr. Leahy, Ms. Cantwell, 
 Mr. Jeffords, Mr. Warner, Mr. Akaka, Mr. Fitzgerald, Mr. Durbin, and 
   Mr. Bayh) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Aquatic 
Invasive Species Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
 TITLE I--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO 
                 WATERS OF THE UNITED STATES BY VESSELS

Sec. 101. Prevention of introduction of aquatic invasive species into 
                            waters of the United States by vessels.
Sec. 102. Armed services whole vessel management program.
  TITLE II--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES BY 
                             OTHER PATHWAYS

Sec. 201. Priority pathway management program.
Sec. 202. Screening process for planned importations of live aquatic 
                            organisms.
    TITLE III--EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH

Sec. 301. Early detection.
Sec. 302. Rapid response.
Sec. 303. Dispersal barriers.
Sec. 304. Environmental soundness.
Sec. 305. Specific invasive species control programs.
Sec. 306. Information, education, and outreach.
              TITLE IV--AQUATIC INVASIVE SPECIES RESEARCH

Sec. 401. Ecological, pathway, and experimental research.
Sec. 402. Analysis.
Sec. 403. Vessel pathway standards research.
Sec. 404. Graduate education in systematics and taxonomy.
                         TITLE V--COORDINATION

Sec. 501. Program coordination.
Sec. 502. International coordination.
               TITLE VI--AUTHORIZATION OF APPROPRIATIONS

Sec. 601. Authorization of appropriations.
                    TITLE VII--CONFORMING AMENDMENTS

Sec. 701. Conforming amendments.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) invasive species can cause devastating declines in 
        local, regional, and national species diversity;
            (2) aquatic invasive species continue to be introduced into 
        waters of the United States;
            (3) aquatic invasive species damage infrastructure, disrupt 
        commerce, out compete native species, reduce biodiversity, and 
        threaten human health;
            (4) the direct and indirect costs of aquatic invasive 
        species to the economy of the United States amount to billions 
        of dollars per year;
            (5) in the Great Lakes region, approximately $3,000,000,000 
        has been spent in the past 10 years to mitigate the damage 
        caused by a single invasive species, the zebra mussel;
            (6) 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 Nuisance 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.--The term `aquatic ecosystems' 
        means freshwater, marine, and estuarine environments (including 
        inland waters and wetlands), located wholly in the United 
        States.
            ``(3) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary of the Army for Civil Works.
            ``(4) Ballast water.--The term `ballast water' means any 
        water (with its suspended matter) used to maintain the trim and 
        stability of a vessel.
            ``(5) Coastal voyage.--The term `coastal voyage' means a 
        voyage conducted entirely within the exclusive economic zone.
            ``(6) Director.--The term `Director' means the Director of 
        the United States Fish and Wildlife Service.
            ``(7) Environmentally sound.--The term `environmentally 
        sound', when used in reference to any activity or thing, refers 
        to an activity or thing that prevents, wholly or in part, 
        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.
            ``(8) 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.
            ``(9) 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).
            ``(10) 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.
            ``(11) 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).
            ``(12) Interbasin waterway.--The term `interbasin waterway' 
        means a waterway that connects 2 distinct water basins.
            ``(13) 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).
            ``(14) 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.
            ``(15) 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.
            ``(16) Invasion.--The term `invasion' means an infestation 
        of an aquatic invasive species.
            ``(17) 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.
            ``(18) 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).
            ``(19) 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.
            ``(20) Nonindigenous species.--The term `nonindigenous 
        species' means any species in an ecosystem that enters that 
        ecosystem from outside the historic range of the species.
            ``(21) 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 into the 
        United States in the period beginning on January 1, 1990, and 
        ending on January 1, 2002.
            ``(22) Organism transfer.--The term `organism transfer' 
        means the movement of an organism of any species from 1 
        ecosystem to another ecosystem.
            ``(23) Pathway.--The term `pathway' means 1 or more routes 
        by which an invasive species is transferred from 1 ecosystem to 
        another.
            ``(24) Pilot scale test.--The term `pilot scale test' means 
        a test--
                    ``(A) that is conducted at less than full-scale; 
                and
                    ``(B) the results of which can potentially be 
                extrapolated to the full scale.
            ``(25) Planned importation.--The term `planned importation' 
        means the purposeful movement of a species into the territorial 
        limits of the United States.
            ``(26) Regional panel.--The term `regional panel' means a 
        panel convened in accordance with section 1203.
            ``(27) Secretary.--The term `Secretary' means the Secretary 
        of the department in which the Coast Guard is operating.
            ``(28) Species.--The term `species' means any fundamental 
        category of taxonomic classification, or any viable biological 
        material, ranking below a genus or subgenus.
            ``(29) Task force.--The term `Task Force' means the Aquatic 
        Nuisance Species Task Force established by section 1201(a).
            ``(30) Territorial sea.--The term `territorial sea' means 
        the belt of the sea measured from the baseline of the United 
        States determined in accordance with international law, as set 
        forth in Presidential Proclamation Number 5928, dated December 
        27, 1988.
            ``(31) Treatment.--The term `treatment' means a mechanical, 
        physical, chemical, biological, or other process or method of 
        killing, removing, or rendering infertile, invasive species.
            ``(32) 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.
            ``(33) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Oceans and Atmosphere.
            ``(34) Undesirable impact.--The term `undesirable impact' 
        means economic, human health, aesthetic, or environmental 
        degradation that is not necessary for, and is not clearly 
        outweighed by, public health, environmental, or welfare 
        benefits.
            ``(35) Waters of the united states.--
                    ``(A) In general.--The term `waters of the United 
                States' means the navigable waters and territorial sea 
                of the United States.
                    ``(B) Inclusion.--The term `waters of the United 
                States' includes the Great Lakes.''.

 TITLE I--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO 
                 WATERS OF THE UNITED STATES BY VESSELS

SEC. 101. PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO 
              WATERS OF THE UNITED STATES BY VESSELS.

    (a) In General.--Section 1101 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711) is amended to read 
as follows:

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

    ``(a) Requirements for Vessels Operating in Waters of the United 
States.--
            ``(1) Invasive species management plan.--
                    ``(A) In general.--Effective beginning on the date 
                that is 180 days after the issuance of guidelines 
                pursuant to subparagraph (D) and promulgation of any 
                regulations under this section, each vessel that is 
                equipped with ballast, and each towed vessel and 
                structure, operating in waters of the United States 
                shall have in effect, and have available for 
                inspection, an aquatic invasive species management plan 
                that prescribes safe and effective means by which the 
                master of the vessel shall minimize introductions and 
                transfers of invasive species by any part of the vessel 
                (including towed vessels), pursuant to the guidelines 
                or regulations applicable to that vessel.
                    ``(B) Specificity.--The management plan shall be 
                specific to the vessel (or group of vessels with 
                characteristics similar to that of the vessel, as 
                determined by the Secretary).
                    ``(C) Requirements.--The management plan shall 
                include, at a minimum, such information as is requested 
                by the Secretary pursuant to subparagraph (D), 
                including--
                            ``(i) operational requirements to safely 
                        and effectively comply with the ballast  water 
management requirements under paragraph (4);
                            ``(ii) operational requirements to safely 
                        and effectively carry out any actions 
                        consistent with a rapid response action 
                        required by States and 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 section 1211, if appropriate; and
                            ``(x) such requirements described in 
                        subsection (b) as are applicable to the vessel.
                    ``(D) Guidelines.--Not later than 18 months after 
                the date of enactment of the National Aquatic Invasive 
                Species Act of 2003, 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 2003, the Secretary shall issue 
                guidelines on best management practices to eliminate or 
                minimize and monitor organism transfer by vessels.
                    ``(B) Practices to be included.--The best 
                management practices shall include--
                            ``(i) sediment management in transoceanic 
                        vessels;
                            ``(ii) minimization of ballast water uptake 
                        in areas in which there is a greater risk of 
                        harmful organisms entering ballast tanks (such 
                        as areas with toxic algal blooms or known 
                        outbreaks of aquatic invasive species);
                            ``(iii) avoidance of unnecessary discharge 
                        of ballast water in a port that was taken up in 
                        another port;
                            ``(iv) to the maximum extent practicable, 
                        collection and the proper disposal of debris 
                        from the cleaning of the hull;
                            ``(v) proper use of anti-fouling coating; 
                        and
                            ``(vi) provision of sample access ports in 
                        ballast piping for sampling of ballast intake 
                        and discharge.
            ``(4) Ballast water management.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and subsection (c), each vessel 
                equipped with a ballast water tank that enters a United 
                States port shall comply with--
                            ``(i) the standards described in paragraphs 
                        (1) and (2) of subsection (b); and
                            ``(ii) the regulations promulgated under 
                        subsection (e) relating to ballast water 
                        management.
                    ``(B) Exceptions.--
                            ``(i) Vessels operating entirely within 
                        exclusive economic zone.--A vessel equipped 
                        with a ballast tank that operates entirely 
                        within the exclusive economic zone shall not be 
                        required to comply with the standard described 
                        in subsection (b)(1).
                            ``(ii) Vessels operating in enclosed 
                        aquatic ecosystems.--
                                    ``(I) In general.--Subject to 
                                subclause (II), a vessel equipped with 
                                a ballast tank and that operates 
                                exclusively in the upper 4 Great Lakes 
                                (Lake Superior, Lake Michigan, Lake 
                                Huron, and Lake Erie, and the 
                                connecting channels), or in another 
                                enclosed aquatic ecosystem in which the 
                                potential for movement of organisms by 
                                natural and anthropogenic means is not 
                                significantly altered by the movement 
                                of the vessel, shall not be required to 
                                comply with the standards described in 
                                paragraphs (1) and (2) of subsection 
                                (b).
                                    ``(II) Additional enclosed aquatic 
                                zones.--The Administrator and the Under 
                                Secretary, in consultation with 
                                regional panels of the Task  Force, may 
determine additional enclosed aquatic zones that are covered by 
subclause (I).
    ``(b) Ballast Water Management Standards and Certification 
Procedures.--
            ``(1) Interim standards.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of the National Aquatic Invasive 
                Species Act of 2003, the Secretary, with the 
                concurrence of the Administrator and in consultation 
                with the Task Force, shall promulgate final 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 (4)(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 or practices 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 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 as determined by the qualified type 
                        approved process promulgated under paragraph 
                        (4)(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 (7); and
                                    ``(II) cease to apply on the 
                                effective date of final standards 
                                developed pursuant to paragraph (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 2003, the Administrator, in consultation 
                with the Task Force and with the concurrence of the 
                Secretary, 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 nonindigenous species.
                    ``(B) Requirements.--The final standards shall--
                            ``(i) result from application of the best 
                        available technology 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 of nonnative species 
                        (including plant, animal, and human pathogens) 
                        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 this Act; and
                            ``(iv) be measurable.
            ``(3) Certification of treatments and enforcement.--
                    ``(A) In general.--Not later than the date on which 
                interim standards are promulgated under paragraph (1) 
                and final standards are promulgated pursuant to 
                paragraph (2)(A), the Secretary shall, with the 
                concurrence of the Administrator, promulgate 
                regulations for--
                            ``(i) the certification of treatments or 
                        practices that comply with the standards; and
                            ``(ii) on-going enforcement of the use of 
                        the treatments or practices.
                    ``(B) Certification under interim standards.--The 
                certification of treatments and practices in compliance 
                with the interim standard promulgated pursuant to 
                paragraph (1) shall be based on a qualified type 
                approval process, including--
                            ``(i) a 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 protocol for qualified type 
                        approval of ballast water treatment systems for 
                        the interim standard described in paragraph (1) 
                        that--
                                    ``(I) is capable of determining the 
                                extent to which a ballast water 
                                treatment system complies with 
                                applicable standards 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 
                                        (7)(A); and
                                            ``(bb) is safe for vessel 
                                        and crew;
                                    ``(III) may be used in estimating 
                                the expected useful life of the ballast 
                                water treatment system, as determined 
                                on the basis of voyage patterns and 
                                normal use conditions;
                                    ``(IV) includes a shipboard testing 
                                component, and may include a shore-
                                based testing component;
                                    ``(V) provides for appropriate 
                                monitoring; and
                                    ``(VI) is cost effective.
                    ``(C) Certification under final standards.--The 
                certification of treatments in compliance with the 
                final standards promulgated pursuant to paragraph (2) 
                shall--
                            ``(i) 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;
                            ``(ii) be reviewed and, as appropriate, 
                        revised not less often than every 3 years 
                        pursuant to subsection (f)(1);
                            ``(iii) meet occupational safety and 
                        environmental soundness criteria described in 
                        paragraph (7); and
                            ``(iv) apply beginning not later than 
                        October 1, 2011.
            ``(4) 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 independent, 
                                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 Prevention 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 
                        least of--
                                    ``(I) a period of 10 years;
                                    ``(II) the expected life of the 
                                treatment system; or
                                    ``(III) a period ending on the date 
                                that the Secretary and Administrator 
                                (as appropriate) determines that there 
                                exists a serious deficiency in 
                                performance or human safety or 
                                environmental soundness of the system 
                                relative to anticipated performance or 
                                environmental soundness.
                            ``(iii) Information.--As a condition of 
                        receiving experimental approval for a treatment 
                        under subparagraph (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).
            ``(5) Incentives for use of treatment systems.--
                    ``(A) In general.--The Secretary, the Secretary of 
                Transportation, and the Administrator shall assist 
                owners or operators of vessels that seek to obtain 
                experimental 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) Selection of technologies and practices.--In 
                selecting technologies and practices for shipboard 
                demonstration under section 1104(b), the Secretary of 
                the Interior and the Secretary of Commerce shall give 
                priority consideration to technologies and practices 
                that have received or are in the process of receiving 
                approval under paragraphs (1) and (4).
                    ``(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 
                (4).
            ``(6) Application for approval.--
                    ``(A) In general.--The Secretary and the 
                Administrator shall approve an application for 
                certification of a ballast water treatment system only 
                if the application is in such form and contains such 
                information as the Secretary and Administrator may 
                require.
                    ``(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 (7)(A); and
                                            ``(bb) approve those 
                                        ballast water treatment systems 
                                        that meet those criteria; and
                                    ``(II) the Secretary, in 
                                consultation with the Task Force, 
                                shall, not later than 180 days after 
                                the date of receipt of the 
                                application--
                                            ``(aa) determine whether 
                                        the ballast water treatment 
                                        system covered by the 
                                        application meets the 
                                        requirements of this 
                                        subsection, as appropriate;
                                            ``(bb) approve or 
                                        disapprove the application; and
                                            ``(cc) provide the 
                                        applicant written notice of 
                                        approval or disapproval.
                            ``(ii) Limitations.--An application 
                        approved under 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 applicable to a specific 
                                vessel or group of vessels, as 
                                determined by the Secretary;
                                    ``(III) be valid for the least of--
                                            ``(aa) the expected useful 
                                        life of the ballast water 
                                        treatment system;
                                            ``(bb) 10 years; or
                                            ``(cc) such period of time 
                                        for which the Secretary or 
                                        Administrator (as appropriate) 
                                        determines that (based on 
                                        available information, 
                                        including information developed 
                                        pursuant to paragraph 
                                        (4)(B)(iii)) there exists a 
                                        serious deficiency in 
                                        performance or environmental 
                                        soundness of the system 
                                        relative to anticipated 
                                        performance or environmental 
                                        soundness; and
                                    ``(IV) 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.
            ``(7) 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 (6)(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 (6)(B)(i)(I) shall be 
                        qualified under paragraph (6)(B)(ii).
    ``(c) 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--
            ``(1) the interim standards described in subsection 
        (b)(1)(B)(ii); or
            ``(2) on promulgation of final standards pursuant to 
        subsection (b)(2)(A), such final standard as is applicable to 
        the vessel.
    ``(d) 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 2003, regulations promulgated 
        to carry out this Act shall remain in effect until revised or 
        replaced pursuant to the National Aquatic Invasive Species Act 
        of 2003.
            ``(2) Relationship to other programs.--On implementation of 
        a national mandatory ballast management program that is at 
        least as comprehensive as the Great Lakes program (as 
        determined by the Secretary, in consultation with the Governors 
        of Great Lakes States)--
                    ``(A) the program regulating vessels and ballast 
                water in Great Lakes under this section shall 
                terminate; and
                    ``(B) the national program shall apply to such 
                vessels and ballast water.
            ``(3) Review and revision.--
                    ``(A) In general.--Not later than the date that is 
                18 months after the date of enactment of the National 
                Aquatic Invasive Species Act of 2003, 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, at a minimum, requirements under subsections 
                (a) and (b) (as amended by that Act).
    ``(e) Authority of the Secretary.--
            ``(1) In general.--The Secretary shall, with the 
        concurrence of the Administrator, promulgate regulations to 
        carry out this section.
            ``(2) Program components.--
                    ``(A) In general.--In carrying out paragraph (1), 
                the Secretary shall promulgate a separate set of 
                regulations for--
                            ``(i) ships that enter the Great Lakes 
                        after operating outside the exclusive economic 
                        zone; and
                            ``(ii) ships that enter United States ports 
                        after operating outside the exclusive economic 
                        zone, excluding United States ports on the 
                        Great Lakes.
                    ``(B) Duration.--Regulations promulgated under 
                subparagraph (A)(i) shall remain in effect until the 
                Great Lakes program is terminated pursuant to 
                (b)(1)(B).
            ``(3) Requirements.--The regulations promulgated under 
        paragraph (1) shall--
                    ``(A) be consistent with interim and final 
                standards promulgated under paragraphs (1) and (2), 
                respectively, of subsection (b);
                    ``(B) apply to all vessels to which the respective 
                standards apply;
                    ``(C) protect the safety of--
                            ``(i) each vessel; and
                            ``(ii) the crew and passengers of each 
                        vessel;
                    ``(D) provide for sampling of ballast intake and 
                discharge flows through ballast piping to monitor for 
                compliance with the regulations;
                    ``(E) 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;
                    ``(F) be based on the best scientific information 
                available; and
                    ``(G) not affect or supersede any requirements or 
                prohibitions pertaining to the discharge of ballast 
                water into waters of the United States under the 
                Federal Water Pollution Control Act (33 U.S.C. 1251 et 
                seq.).
            ``(4) Time frame and content.--In promulgating under 
        paragraph (1), the Secretary shall--
                    ``(A) not later than 18 months after the date of 
                enactment of the National Aquatic Invasive Species Act 
                of 2003 that are consistent with the interim standards 
                and certification procedures promulgated under 
                subsection (b)(1) and other requirements of this 
                section, require a vessel--
                            ``(i)(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 
(b)(1); or
                            ``(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; and
                            ``(ii) to use environmentally sound 
                        alternatives 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 (b)(1); and
                    ``(B) on promulgation of final standards and 
                certification procedures under subsection (b)(2) that 
                are consistent with the standards and certification 
                procedures, to comply with all of the requirements of 
                this section.
            ``(5) Consistency with international agreements.--The 
        Secretary shall, with the concurrence of the Administrator, 
        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 agreements, to which the United States is a 
        party, governing management of the transfer by vessel of 
        aquatic nonindigenous species.
            ``(6) Education and technical assistance programs.--The 
        Secretary may carry out education and technical assistance 
        programs and other measures to promote compliance with the 
        regulations promulgated under this subsection.
    ``(f) Periodic Review and Revision of Regulations.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2003, 
        and not less often than every 3 years thereafter, the Secretary 
        shall (with the concurrence of the Administrator, based on 
        recommendations of the Task Force, and information collected 
        and analyzed under this title and in accordance with criteria 
        developed by the Task Force under paragraph (3))--
                    ``(A) assess the compliance by vessels with 
                regulations promulgated under this section;
                    ``(B) assess the effectiveness of the regulations 
                referred to in subparagraph (A) in reducing the 
                introduction and spread of aquatic invasive species by 
                vessels; and
                    ``(C) as necessary, on the basis of the best 
                scientific information available--
                            ``(i) revise the regulations referred to in 
                        subparagraph (A); and
                            ``(ii) promulgate additional regulations.
            ``(2) Special review and revision.--Not later than 90 days 
        after the date on which the Task Force makes a request to the 
        Secretary for a special review and revision of the Program, the 
        Secretary shall (with the concurrence of the Administrator)--
                    ``(A) conduct a special review of regulations in 
                accordance with paragraph (1); and
                    ``(B) as necessary, in the same manner as provided 
                under paragraph (1)(C)--
                            ``(i) revise those guidelines; or
                            ``(ii) promulgate additional regulations.
            ``(3) Criteria for effectiveness.--Not later than 1 year 
        after the date of enactment of the National Aquatic Invasive 
        Species Act of 2003, 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.
    ``(g) Sanctions.--
            ``(1) Civil penalties.--
                    ``(A) In general.--Any person that violates a 
                regulation promulgated under this section shall be 
                liable for a civil penalty in an amount not to exceed 
                $50,000.
                    ``(B) Separate violations.--Each day of a 
                continuing violation constitutes a separate violation.
                    ``(C) Liability of vessels.--A vessel operated in 
                violation of a regulation promulgated under this Act 
                shall be liable in rem for any civil penalty assessed 
                under this subsection for that violation.
            ``(2) Criminal penalties.--Any person that knowingly 
        violates the regulations promulgated under subsection (b) is 
        guilty of a class C felony.
            ``(3) Revocation of clearance.--On request of the 
        Secretary, the Secretary of the Treasury shall withhold or 
        revoke the clearance of a vessel required by section 4197 of 
        the Revised Statutes (46 U.S.C. App. 91), if the owner or 
        operator of that vessel is in violation of the regulations 
        promulgated under subsection (b).
            ``(4) Exception to sanctions.--This subsection does not 
        apply to a failure to exchange ballast water if--
                    ``(A) the master of a vessel, acting in good faith, 
                decides that the exchange of ballast water will 
                threaten the safety or stability of the vessel or the 
                crew or passengers of the vessel; and
                    ``(B) the vessel complies with--
                            ``(i) recordkeeping requirements of this 
                        Act;
                            ``(ii) contingency requirements of section 
                        1211; and
                            ``(iii) reporting requirements of this Act.
    ``(h) Coordination With Other Agencies.--The Secretary is 
encouraged to use (with consent) the expertise, facilities, members, or 
personnel of, appropriate Federal and State agencies and organizations 
that have routine contact with vessels, as determined by the Secretary.
    ``(i) Consultation With Canada, Mexico, and Other Foreign 
Governments.--In developing the guidelines issued and regulations 
promulgated under this section, the Secretary is encouraged to consult 
with the Government of Canada, the Government of Mexico, and any other 
government of a foreign country that the Secretary, in consultation 
with the Task Force, determines to be necessary to develop and 
implement an effective international program for preventing the 
unintentional introduction and spread of nonindigenous species.
    ``(j) International Cooperation.--
            ``(1) In general.--The Secretary, in cooperation with the 
        International Maritime Organization of the United Nations and 
        the Commission on Environmental Cooperation established 
        pursuant to the North American Free Trade Agreement, is 
        encouraged to enter into negotiations with the governments of 
        foreign countries to develop and implement an effective 
        international program for preventing the unintentional 
        introduction and spread of nonindigenous species.
            ``(2) Sense of congress on international agreements to 
        protect aquatic ecosystems from species introductions through 
        ballast water.--
                    ``(A) Findings.--Congress finds that--
                            ``(i) the aquatic ecosystems of the United 
                        States have been and continue to be subject to 
                        permanent and costly damage resulting from 
                        aquatic invasive species introduced by ballast 
                        water of vessels entering United States ports;
                            ``(ii) the United States is currently 
                        engaged in international negotiation over 
                        regulation of the ballast water of vessels to 
                        prevent the introductions;
                            ``(iii) this Act and the amendments made by 
                        this Act establish a minimum acceptable 
                        domestic effort to protect aquatic ecosystems 
                        of the United States from the introduction of 
                        invasive species by the ballast water of 
                        vessels; and
                            ``(iv) the programs established under this 
                        Act and the amendments made by this Act address 
                        the fundamental and legitimate operational and 
                        safety concerns of the maritime industry.
                    ``(B) Sense of congress.--It is the sense of 
                Congress that the United States should become party to 
                an international agreement that relates to the 
                protection of aquatic ecosystems from the introduction 
                of invasive species by the ballast water of vessels 
                only if the agreement is at least as protective of the 
                aquatic ecosystems as this Act and the amendments made 
                by this Act.
    ``(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 and practices pursuant to 
        regulations promulgated under subsection (b)(1)(B)(iii)).
    ``(l) Non-Discrimination.--The Secretary shall ensure that vessels 
registered outside of the United States do not receive more favorable 
treatment than vessels registered in the United States in any case in 
which the Secretary performs studies, reviews compliance, determines 
effectiveness, establishes requirements, or performs any other 
responsibilities under this Act.
    ``(m) Effect on Other Law.--Nothing in this section or any 
regulation promulgated under this section supersedes or otherwise 
affects any requirement or prohibition relating to the discharge of 
ballast water under the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.).''.
    (b) Conforming Amendments.--
            (1) Section 1102(c)(1) of the Nonindigenous Aquatic 
        Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
        4712(c)(1)) is amended by striking ``issued under section 
        1101(b)'' and inserting ``promulgated under section 1101(e)''.
            (2) Section 1102(f)(1)(B) of the Nonindigenous Aquatic 
        Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
        4712(f)(1)(B)) is amended by striking ``guidelines issued 
        pursuant to section  1101(c)'' and inserting ``regulations 
promulgated under section 1101(e)''.

SEC. 102. ARMED SERVICES WHOLE VESSEL MANAGEMENT PROGRAM.

    Section 1103 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4713) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 1103. ARMED SERVICES WHOLE VESSEL MANAGEMENT PROGRAM.'';

        and
            (2) in subsection (a)--
                    (A) by striking ``Subject to'' and inserting the 
                following:
            ``(1) Ballast water.--Subject to''; and
                    (B) by adding at the end the following:
            ``(2) Towed vessel management program.--
                    ``(A) In general.--Subject to operational 
                conditions, the Secretary of Defense, in consultation 
                with the Secretary, the Task Force, and the 
                International Maritime Organization, shall implement a 
                towed vessel management program for Department of 
                Defense vessels to minimize the risk of introductions 
                of aquatic invasive species through hull and associated 
                hull aperture transfers by towed vessels.
                    ``(B) Current ballast program.--Except as provided 
                in subparagraph (A), this Act does not affect the 
                ballast program for Department of Defense vessels in 
                effect on the date of enactment of the National Aquatic 
                Invasive Species Act of 2003.
            ``(3) Reports.--Not later than 3 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2003, 
        and every 3 years thereafter, the Secretary of Defense shall 
        submit to Congress a report that includes a summary and 
        analysis of the program carried out under this section.''.

  TITLE II--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES BY 
                             OTHER PATHWAYS

SEC. 201. PRIORITY PATHWAY MANAGEMENT PROGRAM.

    Subtitle C of title I of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is amended 
by adding at the end the following:

``SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM.

    ``(a) Identification of High Priority Pathways.--Not later than 2 
years after the date of enactment of the National Aquatic Invasive 
Species Act of 2003, and every 3 years thereafter, the Task Force, in 
coordination with the Invasive Species Council and in consultation with 
representatives of States, industry, and other interested parties, 
shall, based on pathway surveys conducted under this title and other 
available research relating to the rates of introductions in waters of 
the United States--
            ``(1) identify those pathways that pose the highest risk 
        for introductions, both nationally and on a region-by-region 
        basis, unless further managed;
            ``(2) develop recommendations for management strategies for 
        those high-risk pathways;
            ``(3) include in the report to Congress required under 
        section 1201(f)(2)(B) a description of the identifications, 
        strategies, and recommendations based on research collected 
        under this title; and
            ``(4) identify invasive species not yet introduced into 
        waters of the United States that are likely to be introduced 
        into waters of the United States unless preventative measures 
        are taken.
    ``(b) Management of High Priority Pathways.--Not later than 3 years 
after the date of enactment of the National Aquatic Invasive Species 
Act of 2003, the Task Force or agencies of jurisdiction shall, to the 
maximum extent practicable, implement the strategies described in 
subsection (a)(2), considering appropriate periodic updates to the 
strategies.''.

SEC. 202. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF LIVE AQUATIC 
              ORGANISMS.

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

``SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF LIVE AQUATIC 
              ORGANISMS.

    ``(a) In General.--Not later than 3 years after the date of 
enactment of the National Aquatic Invasive Species Act of 2003, 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 
        2003, in consultation with regional panels convened under 
        section 1203, States, tribes, and other stakeholders, the 
        Invasive Species Council (in conjunction with the Task Force) 
        shall promulgate guidelines for screening proposed planned 
        importations of live aquatic organisms into the United States 
        that include--
                    ``(A) guidelines for minimum information 
                requirements for determinations under subsection (c); 
                and
                    ``(B) guidelines for a simplified notification 
                procedure for any additional shipments of organisms 
                that may occur after completion of an initial screening 
                process and determination under subsection (c).
            ``(2) Purpose.--The purpose of the screening process shall 
        be to prevent the introduction or establishment of aquatic 
        invasive species (including pathogens and parasites of the 
        species) in waters of the United States and contiguous waters 
        of Canada and Mexico.
            ``(3) Factors.--In developing guidelines under this 
        subsection and reviewing and revising the guidelines under 
        subsection (j), the Invasive Species Council and the Task Force 
        shall consider--
                    ``(A) the likelihood of the spread of organisms by 
                human or natural means;
                    ``(B) organisms that may occur in association with 
                the organism planned for importation  including 
pathogens, parasites, and free-living organisms;
                    ``(C) regional differences in probability of 
                invasion and associated impacts;
                    ``(D) the difficulty of controlling an established 
                population of an aquatic invasive species in the wild; 
                and
                    ``(E) the profile established under section 
                1108(b).
    ``(c) Categories.--The screening process shall--
            ``(1) require the identification, to the maximum extent 
        practicable, to the species level and, at a minimum, to the 
        genus level, of live aquatic organisms; and
            ``(2) designate--
                    ``(A) species with high or moderate probability of 
                undesirable impacts to areas within the boundaries of 
                the United States and contiguous areas of neighboring 
                countries, to which the organism is likely to spread; 
                and
                    ``(B) species with insufficient information to 
                determine the risk category based on guidelines issued 
                pursuant to subsection (b)(1)(B).
    ``(d) Evaluation.--
            ``(1) In general.--Not later than 180 days after the date 
        of promulgation of guidelines under subsection (b), in 
        consultation with regional panels convened under section 1203, 
        States, tribes, and other stakeholders, a Federal agency with 
        authority over an importation into the United States of a live 
        organism not in trade and proposed for importation into the 
        United States shall screen the organism in accordance with 
        guidelines promulgated under subsection (b).
            ``(2) Delegation and authority.--
                    ``(A) In general.--Subject to subparagraph (B), if 
                no agency has authority described in paragraph (1) or 
                an agency delegates the screening to the Director under 
                subsection (h), the Director shall screen the organisms 
                in accordance with subsections (a) and (b).
                    ``(B) United states fish and wildlife service.--The 
                Director may restrict or prohibit the importation of an 
                organism in trade if--
                            ``(i) no other Federal agency has authority 
                        to regulate the importation of the organism in 
                        trade; and
                            ``(ii) the Director determines, based on an 
                        evaluation that is consistent with the 
                        screening requirements promulgated under 
                        subsection (g), that the organism in trade has 
                        a high or moderate probability of an 
                        undesirable impact to an area within the 
                        boundaries of the United States or a contiguous 
                        area of a neighboring country, to which the 
                        organism may spread.
            ``(3) Multiple jurisdiction.--
                    ``(A) In general.--Subject to subparagraph (B), if 
                more than 1 agency has jurisdiction over the 
                importation of a live organism, the agencies shall 
                conduct only 1 screening process in accordance with the 
                memorandum of understanding described in subsection (f) 
                (in consultation with National Oceanic and Atmospheric 
                Administrator).
                    ``(B) Cultured aquatic organisms.--The Secretary of 
                Agriculture shall conduct screening of organisms 
                imported to be cultured.
    ``(e) Requirements.--A Federal agency of jurisdiction, or the 
Director shall--
            ``(1) restrict or prohibit the importation into the United 
        States from outside the United States of any species that is 
        described in subsection (c)(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 180 days after receiving a complete request for permission 
        to import a live aquatic species.
    ``(f) Memorandum of Understanding.--
            ``(1) In general.--The Director of the United States Fish 
        and Wildlife Service shall enter into a memorandum of 
        understanding with the agencies of jurisdiction regarding the 
        screening requirements of this section.
            ``(2) Contents.--The memorandum of understanding shall 
        contain, at a minimum--
                    ``(A) a description of the relationship between and 
                responsibilities of the agencies of jurisdiction, 
                including a process designating a lead agency in cases 
                in which multiple agencies may have jurisdiction over 
                the screening of an aquatic species;
                    ``(B) the process by which the Director will 
                delegate screening duties to and receive delegation 
                from other agencies of jurisdiction; and
                    ``(C) the process by which agencies of jurisdiction 
                and the Invasive Species Council will coordinate and 
                share information required for the screening of 
                species.
    ``(g) Screening Requirements.--The Director shall promulgate 
screening requirements consistent with the guidelines promulgated under 
subsection (b) to evaluate any planned live aquatic species importation 
(including an importation carried out by a Federal agency) from outside 
the borders of the United States into waters of the United States that 
is--
            ``(1) not otherwise subject to Federal authority to permit 
        the importation; or
            ``(2) delegated to the Director by another agency of 
        jurisdiction under subsection (h).
    ``(h) Delegation to Director.--Any agency with authority over the 
planned importation of a live aquatic organism may delegate to the 
Director the screening process carried out under this section.
    ``(i) Catalog of Organisms in Trade.--Not later than 1 year after 
the date of enactment of the National Aquatic Invasive Species Act of 
2003, the Director of the United States Geological Survey and the 
Director of the Smithsonian Environmental Research Center, in 
cooperation with agencies with jurisdiction over planned importations 
of live organisms, shall--
            ``(1) develop and, as necessary, update a catalog of 
        organisms in trade; and
            ``(2) include the list in the information provided to the 
        public pursuant to section 1102(f).
    ``(j) Review and Revision.--
            ``(1) In general.--At least once every 3 years, the 
        Council, in conjunction with the Task Force, shall use research 
        on early detection and monitoring under section 1106, among 
        other information sources, to review and revise to the 
        screening, guidelines, and process carried out under this 
        section.
            ``(2) Report.--The Invasive Species Council shall include 
        in its report to Congress required pursuant to section 
        1201(f)(2)(B)--
                    ``(A) an evaluation of the effectiveness of the 
                screening processes carried out under this section;
                    ``(B) the consistency of the application of the 
                screening process by agencies; and
                    ``(C) recommendations for revisions of the 
                processes.
    ``(k) Prohibitions.--
            ``(1) In general.--It shall be unlawful to import an 
        organism described in subsection (d), (e), or (g).
            ``(2) Penalties.--
                    ``(A) Civil penalty.--Any person that violates 
                paragraph (1) shall be liable for a civil penalty in an 
                amount not to exceed $50,000.
                    ``(B) Criminal penalties.--Any person that 
                knowingly violates paragraph (1) is guilty of a class C 
                felony.
    ``(l) Fees.--The head of any agency that has jurisdiction over a 
planned importation of a 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).
    ``(n) Effect on Other Laws.--Nothing in this section or any 
regulation promulgated under this section supersedes or otherwise 
affects any other provision of Federal or State law.''.

    TITLE III--EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH

SEC. 301. EARLY DETECTION.

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

``SEC. 1106. EARLY DETECTION AND MONITORING.

    ``(a) In General.--Not later than 18 months after the date of 
enactment of the National Aquatic Invasive Species Act of 2003, in 
conjunction with the Council, the Task Force shall (based on the 
standard protocol for early detection surveys developed under this 
title), promulgate a set of sampling protocols, a geographic plan, and 
budget to support a national system of ecological surveys to rapidly 
detect recently-established aquatic invasive species in waters of the 
United States.
    ``(b) Contents.--The protocols, plan, and budget shall, at a 
minimum--
            ``(1) address a diversity of aquatic ecosystems of the 
        United States (including inland and coastal waters);
            ``(2) encourage State, local, port, and tribal 
        participation in monitoring;
            ``(3) balance scientific rigor with practicability, 
        timeliness, and breadth of sampling activity;
            ``(4) considers the pathways and organisms identified under 
        section 1210;
            ``(5) include a capacity to evaluate the impacts of 
        permitted importations screened by the processes established 
        under section 1105; and
            ``(6) include clear lines of communication with appropriate 
        Federal, State, and regional rapid response authorities.
    ``(c) Implementation.--Not later than 3 years after the date of 
enactment of the National Aquatic Invasive Species Act of 2003, the 
Director of the United States Geological Survey, the Administrator of 
the National Oceanic and Atmospheric Administration, and the 
Administrator (in consultation with the Invasive Species Council and in 
coordination with other agencies and organizations) shall implement a 
national system of ecological surveys that is--
            ``(1) carried out in cooperation with State, local, port, 
        tribal authorities, and other non-Federal entities (such as 
        colleges and universities); and
            ``(2) based on the protocols, plan, and budget published 
        under subsection (a) and any public comment.''.

SEC. 302. RAPID RESPONSE.

    Subtitle C of title I of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) (as amended 
by section 201) is amended by adding at the end the following:

``SEC. 1211. RAPID RESPONSE.

    ``(a) State Rapid Response Contingency Strategies.--
            ``(1) Emergency funds for rapid response.--A State or 
        multistate commission that has in effect a rapid response 
        contingency strategy, including rapid assessment capability, 
        for invasive species in the State that is approved under 
        paragraph (2) shall be eligible to receive emergency funding to 
        remain available until expended 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).
            ``(2) Approval of rapid response contingency strategies.--
        The Task Force, in consultation with the Invasive Species 
        Council, shall approve a rapid response contingency strategy of 
        a State or multstate commission described in paragraph (1) 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 1108;
                    ``(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) to the maximum extent practicable, includes 
                rapid response tools that 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 2003--
            ``(1) the Task Force, with the concurrence of the Invasive 
        Species Council and the regional panels of the Task Force 
        established under section 1203, shall develop--
                    ``(A) a model State rapid response contingency 
                strategy (including rapid assessment capability) for 
                aquatic invasive species that meets, to the maximum 
                extent practicable, the requirements of subparagraphs 
                (A) through (H) of subsection (a)(2); and
                    ``(B) a model regional rapid response contingency 
                strategy (including rapid assessment capability) for 
                aquatic invasive species; and
            ``(2) the Secretary, in concurrence with the Task Force and 
        the regional panels of the Task Force, shall issue guidelines 
        that describe vessel-related requirements that may be used in a 
        rapid response contingency strategy approved under this 
        section.
    ``(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 not less than 50 percent.
            ``(2) Regional rapid response contingency strategies.--The 
        Federal share of the cost of activities carried out under a 
        regional rapid response contingency strategy approved under 
        subsection (b) shall be not less than 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 2003, 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 2003, the Task Force, with the concurrence of the Invasive 
        Species Council, shall develop criteria to identify cases 
        warranting Federal assistance for rapid assessment and response 
        under this subsection, including indicative criteria relating 
        to, at a minimum--
                    ``(A) the extent to which infestations of aquatic 
                invasive species may be managed successfully by rapid 
                response;
                    ``(B) the extent to which rapid response efforts 
                may differ from ongoing management and control; and
                    ``(C) the extent to which infestations of 
                nonindigenous aquatic invasive species are considered 
                to be an acute or chronic threat to--
                            ``(i) biodiversity of native aquatic 
                        organisms;
                            ``(ii) habitats of native fish and 
                        wildlife; or
                            ``(iii) human health.
            ``(4) Environmental criteria.--Not later than 1 year after 
        the date of enactment of the National Aquatic Invasive Species 
        Act of 2003, the Administrator, in consultation with the 
        Invasive Species Council, the Secretary of Transportation, the 
        Task Force (including regional panels of the Task Force 
        established under section 1203), the Director, and the Director 
        of the National Marine Fisheries Service, shall develop 
        environmental criteria to minimize nontarget environmental 
        impacts of rapid responses carried out pursuant to this 
        section.''.

SEC. 303. DISPERSAL BARRIERS.

    Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4722) is amended--
            (1) by redesignating subsections (j) and (k) as subsections 
        (l) and (m), respectively; and
            (2) by inserting after subsection (i) the following:
    ``(j) National Dispersal Barrier Program.--
            ``(1) Chicago river ship and sanitary canal dispersal 
        barrier project.--
                    ``(A) In general.--The Assistant Secretary, with 
                the concurrence of the Administrator, shall complete 
                construction of, operate, repair, and maintain, the 
                Chicago River Ship and Sanitary Canal dispersal barrier 
                project on a permanent basis.
                    ``(B) Consultation.--Subparagraph (A) shall be 
                carried out in consultation with the appropriate 
                Federal, State, local, and other nongovernmental 
                entities.
                    ``(C) Construction of barrier.--The completed 
                barrier project shall include--
                            ``(i) additions to the dispersal barrier in 
                        existence on the date of enactment of the 
                        National Aquatic Invasive Species Act of 2003, 
                        including--
                                    ``(I) backup power;
                                    ``(II) a research vessel launching 
                                crane;
                                    ``(III) replacement electrodes;
                                    ``(IV) other barrier elements, as 
                                available and appropriate;
                                    ``(V) an acoustic monitoring 
                                system; and
                                    ``(VI) emergency egress system; and
                            ``(ii) construction of a second long-
                        service life dispersal barrier.
                    ``(D) 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 2003, the 
                        Assistant Secretary, in consultation with 
                        appropriate Federal, State, local, and non-
                        governmental entities, shall conduct a 
                        feasibility study of the full range of options 
                        available to prevent the spread of aquatic 
                        invasive species through the Chicago River Ship 
                        and Sanitary Canal dispersal barrier.
                            ``(ii) Matters to be studied.--The study 
                        shall--
                                    ``(I) provide recommendations 
                                concerning additional measures and 
                                long-term measures necessary to improve 
                                the performance of the Chicago River 
                                Ship and Sanitary Canal dispersal 
                                barrier; and
                                    ``(II) examine methods and measures 
                                necessary to achieve, to the maximum 
                                extent practicable--
                                            ``(aa) 100 percent efficacy 
                                        of the barrier with respect to 
                                        aquatic invasive species of 
                                        fish; and
                                            ``(bb) maximum efficacy of 
                                        the barrier with respect to 
                                        other taxa of aquatic invasive 
                                        species.
                    ``(E) Reimbursement.--The State of Illinois shall 
                be reimbursed for all State funds expended on the 
                planning, design, construction, and operation and 
                maintenance of the project identified, along with any 
                subsequent modifications, in the report entitled 
                `Aquatic Nuisance Species Dispersal Barrier II', dated 
                December 2002, issued under section 1135 of the Water 
                Resources Development Act of 1986 (33 U.S.C. 2294 note; 
                100 Stat. 4251).
            ``(2) Monitoring program.--
                    ``(A) Establishment.--Not later than 1 year after 
                the date of enactment of the National Aquatic Invasive 
                Species Act of 2003, the Secretary of the Interior 
                shall establish an interbasin and intrabasin monitoring 
                program.
                    ``(B) Required elements.--The monitoring program 
                shall--
                            ``(i) track aquatic invasive species moving 
                        through--
                                    ``(I) the Chicago River Ship and 
                                Sanitary Canal;
                                    ``(II) the Lake Champlain Canal;
                                    ``(III) other interbasin waterways; 
                                and
                                    ``(IV) major river systems (such as 
                                the Mississippi River), as recommended 
                                by regional panels convened under 
                                section 1203, in which interbasin 
                                transfers of aquatic invasive species 
                                have been shown to pose a significant 
                                threat to fish and wildlife resources;
                            ``(ii) assess the efficacy of dispersal 
                        barriers and other measures in preventing the 
                        spread of aquatic invasive species through the 
                        waterways; and
                            ``(iii) identify waterways suitable for 
                        dispersal barrier demonstration projects, in 
                        addition to the waterways at which dispersal 
                        barrier demonstration projects were carried out 
                        before the date of enactment of the National 
                        Aquatic Invasive Species Act of 2003.
                    ``(C) Reports.--The Secretary of the Interior shall 
                issue biennial reports describing the findings of the 
                monitoring program.
            ``(3) Prevention and mitigation plans for corps projects.--
        In developing projects involving interbasin waterways or other 
        hydrologic alterations that could create pathways for aquatic 
        invasive species, the Assistant Secretary shall develop 
        adequate prevention and mitigation plans for controlling the 
        dispersal of the aquatic invasive species.
            ``(4) Technical assistance.--The Administrator of the 
        National Oceanic and Atmospheric Administration, acting through 
        the Great Lakes Environmental Research Laboratory, shall 
        provide technical assistance to appropriate entities to assist 
        in the research conducted under this subsection.
            ``(5) Additional waterways.--The Assistant Secretary, with 
        the concurrence of the Administrator, and other relevant 
        Federal agencies, shall--
                    ``(A) identify additional waterways suitable for 
                the construction of new dispersal barriers (based on 
                the monitoring program established under paragraph 
                (2));
                    ``(B) determine the feasibility of a dispersal 
                barrier project at the Lake Champlain Canal and, if 
                feasible, establish a plan for a dispersal barrier at 
                the Lake Champlain Canal; and
                    ``(C) construct, maintain, and operate such 
                dispersal barriers as necessary.
            ``(6) Reports.--Not later than 3 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2003, 
        the Assistant Secretary and the Director shall jointly submit 
        to Congress a report that describes--
                    ``(A) the efficacy of the Chicago River Ship and 
                Sanitary Canal dispersal barrier project; and
                    ``(B) a plan to provide for additional dispersal 
                barrier demonstration projects and related research 
                projects.''.

SEC. 304. ENVIRONMENTAL SOUNDNESS.

    Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4722) (as amended by section 303) is 
amended by inserting after subsection (j) the following:
    ``(k) Improvement of Treatment Methods for Aquatic Invasive 
Species.--
            ``(1) Criteria to evaluate environmental soundness of 
        treatment methods.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the National Aquatic Invasive 
                Species Act of 2003, the Administrator, in consultation 
                with the Secretary, the Invasive Species Council, and 
                the Task Force (including any regional panels of the 
                Task Force) shall promulgate criteria to evaluate the 
                treatment methods described in subparagraph (B) for the 
                purpose of ensuring that the treatment methods pose no 
                significant threat of adverse effect on human health, 
                public safety, or the environment (including air 
                quality and the aquatic environment) that is acute, 
                chronic, cumulative, or collective.
                    ``(B) Treatment methods.--The treatment methods 
                referred to in subparagraph (A) are all 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 2003) and update annually--
                    ``(A) a list of environmentally sound treatment 
                methods that may apply to a potential aquatic invasive 
                species response effort;
                    ``(B) accompanying research that supports the 
                environmental soundness of each approved treatment 
                method; and
                    ``(C) explicit guidelines under which each 
                treatment method can be used in an environmentally 
                sound manner.
            ``(3) Reports.--The Invasive Species Council and Task Force 
        shall include the information described in paragraph (2) in the 
        reports submitted under section 1201(f)(2)(B).''.

SEC. 305. SPECIFIC INVASIVE SPECIES CONTROL PROGRAMS.

    (a) 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.''.
    (b) National Nutria Control Program.--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 302) is amended by adding 
at the end the following:

``SEC. 1212. NATIONAL NUTRIA CONTROL PROGRAM.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of the National Aquatic Invasive Species Act of 2003, the 
Task Force shall establish a national subcommittee on nutria composed 
of representatives of--
            ``(1) the United States Fish and Wildlife Service;
            ``(2) the United States Geological Survey;
            ``(3) State fish and wildlife agencies in States affected 
        by nutria; and
            ``(4) nonprofit and commercial interests in nutria and the 
        impact of nutria on native habitat and species.
    ``(b) Proposal for Nutria Control.--Not later than 1 year after the 
date of enactment of the National Aquatic Invasive Species Act of 2003, 
the subcommittee shall--
            ``(1) report to the Task Force on actions taken to carry 
        out this section;
            ``(2) draft a proposal for--
                    ``(A) nutria control guidelines; and
                    ``(B) support, criteria, and processes for grants 
                to promote State and regional partnership efforts to 
                control nutria in accordance with the guidelines; and
            ``(3) 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.
    ``(c) Other Duties.--In addition to the responsibilities described 
in subsection (b), the subcommittee shall--
            ``(1) oversee and coordinate implementation of approved 
        national priority tasks relating to nutria control;
            ``(2) review State and regional partnership grant proposals 
        and make recommendations to the Task Force on making grants to 
        carry out the proposals; and
            ``(3) carry out additional duties assigned to the 
        subcommittee by the Task Force (including a co-chairperson of 
        the Task Force).''.

SEC. 306. 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 2003, 
                        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 2003, the Under Secretary and 
                        the Director (in cooperation with the Task 
                        Force and in consultation with the States, 
                        relevant industry groups, and Indian tribes) 
                        shall develop an education, outreach, and 
                        training program directed toward marinas and 
                        marina operators regarding--
                                    ``(I) checking watercraft for live 
                                organisms;
                                    ``(II) removing live organisms from 
                                the watercraft before the watercraft 
                                are commercially or recreationally 
                                trailered;
                                    ``(III) encouraging regular hull 
                                cleaning and maintenance, avoiding in-
                                water hull cleaning; and
                                    ``(IV) other activities, as 
                                identified by the Secretary.
                            ``(iii) Proper disposal of 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 2003, 
                                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 2003, the Task 
                        Force shall expand the information and 
                        education program directed at recreational 
                        boaters in States from which watercraft are 
                        transported westward across the 100th meridian.
                            ``(ii) Activities.--In carrying out the 
                        program, the task force shall--
                                    ``(I) survey owners of watercraft 
                                transported westward across the 100th 
                                meridian to determine the States of 
                                origin of most such owners;
                                    ``(II) provide information directly 
                                to watercraft owners concerning the 
                                importance of cleaning watercraft 
                                carrying live organisms before 
                                transporting the watercraft; and
                                    ``(III) support education and 
                                information programs of the States of 
                                origin to ensure that the State 
                                programs address westward spread.
                    ``(D) Information and education program by national 
                park service.--The Secretary of the Interior, acting 
                through the Director of the National Park Service, 
                shall develop a program to provide public outreach and 
                other educational activities to prevent the spread of 
                aquatic invasive species by recreational watercraft in 
                parkland or through events sponsored by the National 
                Park Service, 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, pet trade, and 
        other appropriate industries with screening, monitoring, and 
        control of the transportation of aquatic invasive species.
            ``(4) Public access to monitoring information.--The Task 
        Force, the Invasive Species Council, and other relevant 
        agencies, shall maintain information on the Internet 
        regarding--
                    ``(A) the best approaches for the public and 
                private interests to use in assisting with national 
                early detection and monitoring of aquatic invasive 
                species in waters of the United States;
                    ``(B) contact locations for joining a national 
                network of monitoring stations;
                    ``(C) approved State Management Plans under section 
                1204(a) and Rapid Response Contingency Strategies under 
                sections 1211(a)(2) and 1211(c); and
                    ``(D) the list of potential invaders under section 
                1201(a)(4).''.

              TITLE IV--AQUATIC INVASIVE SPECIES RESEARCH

SEC. 401. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RESEARCH.

    (a) In General.--Subtitle B of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended 
by section 301) is amended by adding at the end the following:

``SEC. 1107. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RESEARCH.

    ``(a) Definition of Administering Agencies.--
            ``(1) In general.--In this section and section 1108, the 
        term `administering agencies' means--
                    ``(A) the Smithsonian Environmental Research 
                Center;
                    ``(B) the United States Geological Survey; and
                    ``(C) the National Oceanic and Atmospheric 
                Administration (including the Great Lakes Environmental 
                Research Laboratory).
            ``(2) Memorandum of understanding.--The administering 
        agencies shall enter into an agreement regarding implementation 
        of this subtitle.
            ``(3) Consultation.--In carrying out this section, the 
        administering agencies shall consult with--
                    ``(A) the Task Force;
                    ``(B) the Environmental Protection Agency;
                    ``(C) the United States Fish and Wildlife Service; 
                and
                    ``(D) other appropriate Federal and State agencies.
            ``(4) Cooperation.--In carrying out this section, the 
        administering agencies shall contract, as appropriate, or 
        otherwise cooperate with academic researchers.
    ``(b) Program.--The administering agencies shall develop (not later 
than 18 months after the date of enactment of the National Aquatic 
Invasive Species Act of 2003) and conduct a marine and freshwater 
research program (including ecological and pathway surveys and 
experimentation) to assess rates of, patterns of, and conditions 
surrounding introductions of nonnative aquatic species in aquatic 
ecosystems.
    ``(c) Purpose.--The purpose of the program is to support efforts to 
prevent the introduction of, and detect and eradicate, invasive species 
by--
            ``(1) providing information for--
                    ``(A) early detection and rapid response efforts; 
                and
                    ``(B) relevant policy questions; and
            ``(2) assessing the effectiveness of implemented policies 
        (including any standard) to prevent the introduction and spread 
        of aquatic invasive species.
    ``(d) Protocol Development.--The administering agencies shall--
            ``(1) establish standardized protocols for conducting 
        surveys that are integrated and produce comparable data, and, 
        as practicable, build on existing protocols and data collection 
        methods (including surveys required under subsection (b)), 
        including--
                    ``(A) protocols to support early detection surveys 
                of nonnative aquatic species conducted by Federal, 
                State, or local agencies involved in the management of 
                invasive species, including surveys carried out 
                pursuant to section 1106;
                    ``(B) protocols to support comprehensive ecological 
                surveys conducted under this section for purposes of 
                research and analysis of rates and patterns of 
                invasions; and
                    ``(C) protocols to support pathway surveys;
            ``(2) recommend a standardized approach for classifying 
        species;
            ``(3) when proposing protocols, consider recommendations 
        made at the workshop conducted under subsection (h);
            ``(4) subject the protocols to peer review;
            ``(5) complete the protocols not later than 1 year after 
        the date of enactment of the National Aquatic Invasive Species 
        Act of 2003;
            ``(6) revise protocols as necessary; and
            ``(7) disseminate the protocols to the Task Force and other 
        Federal, State, and local stakeholders.
    ``(e) Ecological and Pathway Survey Requirements.--
            ``(1) In general.--Each comprehensive ecological survey 
        conducted under this section shall, at a minimum--
                    ``(A) document baseline ecological information of 
                the aquatic ecosystem, including--
                            ``(i) to the maximum extent practicable, a 
                        comprehensive inventory of native species, 
                        nonnative species, and species of unknown 
                        origin, present in the ecosystem; and
                            ``(ii) the chemical and physical 
                        characteristics of water and underlying 
                        substrate in the ecosystem;
                    ``(B) in the case of nonnative species, gather 
                information to assist in identifying--
                            ``(i) the life history of the species;
                            ``(ii) the environmental requirements and 
                        tolerances of the species;
                            ``(iii) the native ecosystems of the 
                        species; and
                            ``(iv) the history of the species spread 
                        from the native ecosystems of the species;
                    ``(C) track the establishment of nonnative species, 
                including information about the estimated population of 
                nonnative organisms to allow an analysis of the 
                probable date of introduction of the species; and
                    ``(D) identify the likely pathway of entry of 
                nonnative species.
            ``(2) Minimum requirements.--Each pathway survey conducted 
        under this section shall, at a minimum--
                    ``(A) identify which nonnative aquatic species are 
                being introduced, or have the potential to be 
                introduced, through the pathways under consideration;
                    ``(B) determine the rate of organism introduction 
                through the pathways under consideration; and
                    ``(C) determine the practices that contributed to 
                or could contribute to the introduction of nonnative 
                aquatic species through the pathways under 
                consideration.
    ``(f) Number and Location of Survey Sites.--
            ``(1) Required sites.--The administering agencies shall 
        designate the number and location of survey sites necessary to 
        carry out marine and freshwater research required under this 
        section.
            ``(2) Emphasis.--In carrying out paragraph (1) and 
        subsection (g), the administering agencies shall give 
        particular consideration to--
                    ``(A) the geographic diversity of sites; and
                    ``(B) the diversity of human uses and biological 
                characteristics of sites.
    ``(g) Competitive Grant Program.--
            ``(1) In general.--In order to assist in carrying out 
        subsections (b) and (i), the administering agencies (acting 
        through the National Oceanic and Atmospheric Administration) 
        shall administer a program to award grants to academic 
        institutions, State agencies, and other appropriate groups.
            ``(2) Administration.--The program required under this 
        section shall be competitive, peer-reviewed, and merit-based.
    ``(h) Workshop.--Not later than 120 days after the date of 
enactment of the National Aquatic Invasive Species Act of 2003, to 
assist in the development of the protocols and design for the surveys 
under this section, the administering agencies shall--
            ``(1) convene a workshop among researchers from Federal and 
        State agencies and academic institutions to obtain 
        recommendations for the development of the protocols and 
        surveys; and
            ``(2) make the results of the workshop widely available to 
        the public.
    ``(i) Experimentation.--The administering agencies shall conduct 
(at existing field stations and such other sites as may be appropriate) 
coordinated experiments on a range of taxonomic groups to identify--
            ``(1) the relationship between the introduction and 
        establishment of nonnative aquatic species; and
            ``(2) the circumstances necessary for the species to 
        survive and thrive.
    ``(j) National Pathways and Ecological Surveys Database.--
            ``(1) In general.--The United States Geological Survey 
        shall develop, maintain, and update, in consultation and 
        cooperation with the Smithsonian Environmental Research Center 
        and the National Oceanic and Atmospheric Administration, a 
        central national database of information concerning information 
        collected under section 1107(b).
            ``(2) Requirement.--The United States Geological Survey 
        shall--
                    ``(A) make the database widely available to the 
                public;
                    ``(B) update the database not less often than once 
                every 90 days;
                    ``(C) coordinate the database with existing 
                databases collecting similar information; and
                    ``(D) to the maximum extent practicable, format the 
                databases in a manner such that the data is useful for 
                researchers and Federal and State employees managing 
                relevant invasive species programs.''.
    (b) Vessel Pathway Surveys.--Section 1102(b)(2)(B) of Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4712(b)(2)(B)) is amended by striking clause (ii) and inserting the 
following:
                            ``(ii) examine other potential modes for 
                        the introduction of nonnative aquatic species 
                        by vessel, including hull fouling.''.

SEC. 402. ANALYSIS.

    (a) In General.--Subtitle B of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended 
by section 401(a)) is amended by adding at the end the following:

``SEC. 1108. ANALYSIS.

    ``(a) Invasion Analysis.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2003, 
        and annually thereafter, the administering agencies shall 
        analyze data collected under section 1107 and other relevant 
        research, for the purpose of preventing the introduction of, 
        detecting, and eradicating invasive species by--
                    ``(A) providing information for early detection and 
                rapid response efforts;
                    ``(B) providing information for relevant policy 
                questions; and
                    ``(C) assessing the effectiveness of implemented 
                policies to prevent the introduction and spread of 
                invasive species.
            ``(2) Contents.--The analysis required under paragraph (1) 
        shall include, with respect to aquatic invasive species--
                    ``(A) an analysis of pathways to--
                            ``(i) identify, and characterize as
                        high-, medium-, or low-risk, regional and 
                        national pathways for the introduction of 
                        nonnative aquatic species into aquatic 
                        ecosystems;
                            ``(ii) identify new and expanding pathways 
                        through which nonnative aquatic species may be 
                        introduced into aquatic ecosystems;
                            ``(iii) identify handling practices that 
                        contribute to the introduction of species in 
                        pathways; and
                            ``(iv) assess the risk that species 
                        currently used in commerce pose for 
                        introduction into aquatic ecosystems;
                    ``(B) include patterns and rates of invasion and 
                susceptibility to invasion of various types of bodies 
                of water;
                    ``(C) consider the ways in which the risk of 
                establishment of an aquatic invasive species through a 
                pathway is related to the identity and number of 
                organisms transported;
                    ``(D) consider rates of spread and numbers and 
                types of pathways of spread of new populations of the 
                aquatic invasive species and estimate the potential for 
                the spread and distribution of newly introduced 
                invasive species based on the environmental 
                requirements and historical distribution of the 
                species;
                    ``(E) document factors that influence the 
                vulnerability of an ecosystem to invasion by a 
                nonnative aquatic species;
                    ``(F) include a description of the potential for, 
                and impacts of, pathway management programs on invasion 
                rates;
                    ``(G) provide recommendations for improvements on 
                the effectiveness of pathway management;
                    ``(H) to the extent practicable, determine the 
                level of reduction in live organisms of various 
                taxonomic groups required to reduce to an acceptable 
                level the risk of establishment to receiving aquatic 
                ecosystems; and
                    ``(I) evaluate the effectiveness of management 
                actions (including any standard) at reducing species 
                introductions and establishment.
            ``(3) Report.--The administering agencies shall submit to 
        the Task Force a report on analyses conducted under this 
        section.
    ``(b) Research To Assess the Potential of the Establishment of 
Introduced Species.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2003, 
        the administering agencies shall develop, conduct peer review 
        of, and submit to the Task Force a profile of the general 
        characteristics of invasive species, in order to--
                    ``(A) predict, to the extent practicable, whether a 
                species planned for importation is likely to invade a 
                particular aquatic ecosystem if introduced; and
                    ``(B) support the development of the screening 
                process authorized under section 1105.
            ``(2) Research.--In developing the profile, the 
        administering agencies shall analyze the research conducted 
        under section 1107 and other research as necessary to 
        determine--
                    ``(A) characteristics of general species and 
                ecosystems (taking into account the opportunity for 
                introduction into any ecosystem); and
                    ``(B) circumstances that may lead to establishment 
                of a nonnative aquatic organism.
            ``(3) Recommendations.--Based on the profile, the 
        administering agencies shall develop and submit to the Task 
        Force, for inclusion in the report to Congress developed under 
        section 1201(f)(2)(B), recommendations concerning which planned 
        importation of nonnative aquatic organisms warrant restriction 
        under section 1105.

``SEC. 1109. DISSEMINATION.

    ``(a) In General.--The Invasive Species Council, in coordination 
with the Task Force, and the administering agencies shall disseminate 
the information collected under this Act to Federal, State, and local 
entities (including relevant policymakers and private researchers with 
responsibility over or interest in aquatic invasive species).
    ``(b) Reports.--The Invasive Species Council shall--
            ``(1) not later than 3 years after the date of enactment of 
        the National Aquatic Invasive Species Act of 2003, submit to 
        Congress a report that describes the actions and findings 
        carried out under this Act; and
            ``(2) at least once every 3 years thereafter or more often 
        as necessary, update the report.
    ``(c) Response Strategy.--To enable Federal, State, and local 
entities having responsibility for responding to the introduction of 
potentially harmful nonnative aquatic species to better and more 
rapidly respond to those introductions, the Invasive Species Council, 
in coordination with the Task Force, the administering agencies, and 
other appropriate Federal and State agencies, shall implement a 
national strategy for the sharing of information collected under this 
Act with those entities.
    ``(d) Pathway Practices.--The Invasive Species Council, in 
coordination with the Task Force, and the administering agencies shall 
disseminate information to, and develop an ongoing educational program 
for, pathway users (including vendors and customers) to inform those 
users about means by which users can prevent the intentional or 
unintentional introduction of nonnative aquatic species into aquatic 
ecosystems.

``SEC. 1110. TECHNOLOGY DEVELOPMENT DEMONSTRATION AND VERIFICATION-.

    ``(a) Environmentally Sound Technology Development, Demonstration 
and Verification.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the National Aquatic Invasive Species Act of 2003, 
        the Administrator, in consultation with the Army Corps of 
        Engineers and the administering agencies, shall develop and 
        implement a grant program to fund research, development, 
        demonstration, and verification of environmentally sound cost-
        effective technologies and methods to control and eradicate 
        aquatic invasive species.
            ``(2) Purposes.--Proposals funded under this program 
        shall--
                    ``(A) provide funds to support on-going efforts of 
                Federal, State, or local officials to control and 
                eradicate aquatic invasive species in an 
                environmentally sound manner;
                    ``(B) increase the number of environmentally sound 
                technologies or methods Federal, State, or local 
                officials may use to control or eradicate aquatic 
                invasive species;
                    ``(C) provide for the demonstration or 
                dissemination of the technologies or methods to 
                potential end-users; and
                    ``(D) verify that any technology or practice meets 
                any appropriate criteria developed for effectiveness 
                and environmental soundness that are established by the 
                Administrator.
            ``(3) Preference.--In making grants under this subsection, 
        the Administrator shall give preference to proposals that meet 
        criteria developed for environmental soundness that are 
        established by the Administrator.
            ``(4) Merit review.--Grants awarded through this subsection 
        shall be awarded through a competitive, peer-reviewed process 
        and shall be merit-based.
            ``(5) Report.--Not later than 3 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2003, 
        the Administrator shall submit to Congress a report on the 
        program conducted under this subsection, including findings and 
        recommendations of the Secretary with respect to technologies 
        and methods described in paragraph (1).
    ``(b) Dispersal Barrier Research Program.--Not later than 1 year 
after the date of enactment of the National Aquatic Invasive Species 
Act of 2003, the Assistant Secretary, in conjunction with the Director 
and other appropriate Federal agencies and academic researchers, shall 
establish a research, development, and demonstration program--
            ``(1) to study environmentally sound methods and 
        technologies to reduce dispersal of aquatic invasive species 
        through interbasin waterways; and
            ``(2) to assess the potential for using those methods and 
        technologies in other waterways.''.
    (b) Expansion of Vessel Pathway Technology Demonstration Program.--
Section 1104(b) of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4712(b)) is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs 
        (7) and (8), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) Additional purposes.--The Secretary of the Interior 
        and the Secretary of Commerce may demonstrate and verify 
        technologies under this subsection to monitor and control 
        pathways of organism transport on vessels other than through 
        ballast water.
            ``(5) Priority.--In making grants under this subsection, 
        the Secretary of the Interior and the Secretary of Commerce 
        shall give priority to technologies that meet criteria 
        established in any testing protocol developed under the 
        Environmental Technology Verification program of the 
        Administrator.
            ``(6) Workshop.--The Secretary of the Interior and the 
        Secretary of Commerce shall--
                    ``(A) hold an annual workshop to encourage the 
                exchange of information between and among--
                            ``(i) principal investigators for which 
                        funds are made available under this subsection; 
                        and
                            ``(ii) researchers conducting research 
                        directly relating to vessel pathway technology 
                        development; and
                    ``(B) make the results of the proceedings widely 
                available to the public.''.

SEC. 403. VESSEL PATHWAY STANDARDS RESEARCH.

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

``SEC. 1111. VESSEL PATHWAY STANDARDS RESEARCH.

    ``(a) Research Program.--
            ``(1) In general.--The Secretary and the Administrator (in 
        coordination with the National Oceanic and Atmospheric 
        Administration, the Task Force, and other appropriate Federal 
        agencies and academic researchers) shall develop and conduct a 
        coordinated research program to support the establishment and 
        implementation of standards to prevent the introduction and 
        spread of aquatic invasive species by vessels.
            ``(2) Components.--The research program shall include 
        programs to--
                    ``(A) characterize physical, chemical, and 
                biological harbor conditions relevant to ballast 
                discharge into waters of the United States to provide 
                information for the design and implementation of vessel 
                vector control technologies and practices;
                    ``(B) develop testing protocols for determining the 
                effectiveness of vector monitoring and control 
                technologies and practices;
                    ``(C) research and demonstrate methods for 
                mitigating the spread of aquatic invasive species by 
                coastal voyages, including the exploration of the 
                effectiveness of alternative exchange zones in the near 
                coastal areas and other methods proposed to reduce the 
                transfers of organisms;
                    ``(D) verify the practical effectiveness of any 
                type approval process to ensure that the process 
                produces repeatable and accurate assessments of 
                treatment effectiveness; and
                    ``(E) evaluate the effectiveness and residual risk 
                and environmental impacts associated with any standard 
                established with respect to a ship pathway through 
                experimental research.
    ``(b) Performance Test.--Not later than 1 year after the date of 
enactment of the National Aquatic Invasive Species Act of 2003, the 
Secretary, in conjunction with the National Institute of Standards and 
Technology and the Maritime Administration, shall design a performance 
test for ballast water exchange (such as a dye study) to measure the 
effectiveness of ballast water exchange.
    ``(c) National Academy of Sciences Study.--
            ``(1) In general.--The Secretary shall enter into an 
        agreement with the National Academy of Sciences under which the 
        Academy shall--
                    ``(A) identify the relative risk of transfer of 
                various taxonomic groups of invasive species by 
                different vessel modes;
                    ``(B)(i) assess the extent to which a ballast water 
                standard that virtually eliminates the risk of 
                introduction of invasive species by ballast water may 
                relate to the risk of introductions by all vessel 
                modes; and
                    ``(ii) explain the degree of uncertainty in such an 
                assessment; and
                    ``(C)(i) recommend methods for reducing the 
                transfers of invasive species by vessels by addressing 
                all parts and systems of vessels and all related modes 
                of transport of invasive organisms; and
                    ``(ii) identify the research, development, and 
                demonstration needed to improve the information base to 
                support those methods, including economic information.
            ``(2) Report.--Not later than 2 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2003, 
        the Secretary shall submit to Congress a report that describes 
the results of the study under paragraph (1).
            ``(3) Implementation of recommendations.--Not later than 
        the later of the date that is 1 year after the date of 
        submission of the report under paragraph (2) or the date that 
        is 3 years after the date of enactment of the National Aquatic 
        Invasive Species Act of 2003, the Task Force, in conjunction 
        with the Administrator, administering agencies, and other 
        appropriate Federal agencies, shall submit to the Secretary a 
        report that describes recommendations for--
                    ``(A) a vessel pathway treatment standard that 
                incorporates all potential modes of transfer by vessel; 
                and
                    ``(B) methods for type approval and accurate 
                monitoring of treatment performance that are simple and 
                streamlined and follow established protocols.
    ``(d) Working Group.--
            ``(1) In general.--Not later than 2 years after the date of 
        issuance by the Secretary of any standard relating to the 
        introduction by vessels of invasive species, the Secretary 
        shall convene a working group (including the Administrator, the 
        administering agencies, and other appropriate Federal and State 
        agencies and academic researchers) to evaluate the 
        effectiveness of that standard and accompanying implementation 
        protocols.
            ``(2) Duties.--The duties of the working group shall 
        include, at a minimum--
                    ``(A) reviewing the effectiveness of the standard 
                in reducing the establishment of invasive species in 
                aquatic ecosystems, taking into consideration the data 
                collected under section 1107; and
                    ``(B) submitting recommendations to the Secretary 
                (who shall make the recommendations widely available to 
                the public) for the revision of the standard and type 
                approval process in order to ensure--
                            ``(i) effectiveness in reducing 
                        introductions of invasive species; and
                            ``(ii) the effectiveness of accurate 
                        shipboard monitoring of treatment performance 
                        in a simple and streamlined manner.''.

SEC. 404. GRADUATE EDUCATION IN SYSTEMATICS AND TAXONOMY.

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

``SEC. 1112. RESEARCH IN SYSTEMATICS AND TAXONOMY.

    ``(a) In General.--The National Science Foundation shall establish 
a program to award grants to researchers at institutions of higher 
education and museums to carry out research in systematics and 
taxonomy.
    ``(b) Purposes.--The purposes of the program are--
            ``(1) to encourage scientists to pursue careers in 
        systematics and taxonomy to ensure a continuing knowledge base 
        in those disciplines;
            ``(2) to ensure that there will be adequate expertise in 
        systematics and taxonomy to meet Federal, State, and local 
        needs to identify invasive species;
            ``(3) to develop that expertise throughout the United 
        States with an emphasis on regional diversity; and
            ``(4) to draw on existing expertise in systematics and 
        taxonomy at institutions of higher education and museums to 
        train the next generation of systematists and taxonomists.
    ``(c) Administration.--
            ``(1) Merit review.--Grants awarded through this section 
        shall be awarded through a competitive, peer-reviewed process 
        and shall be merit-based.
            ``(2) Preferences.--In making grants under this section, 
        the National Science Foundation shall provide a preference 
        for--
                    ``(A) projects in a diverse set of ecosystems and 
                geographic locations;
                    ``(B) if applicable, projects that are integrated 
                with the Long Term Ecological Research Network created 
                by the National Science Foundation;
                    ``(C) projects that include student participation; 
                and
                    ``(D) projects carried out by institutions of 
                higher education and museums that actively train 
                students to become experts in systematics and 
                taxonomy.''.

                         TITLE V--COORDINATION

SEC. 501. PROGRAM COORDINATION.

    (a) Membership of Task Force.--Section 1201(b) of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is 
amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) by redesignating paragraph (7) as paragraph (12); and
            (3) by inserting after paragraph (6) the following:
            ``(7) the Director of the United States Geological Survey;
            ``(8) the Director of the Smithsonian Environmental 
        Research Center;
            ``(9) the Secretary of State;
            ``(10) the Secretary of Transportation;
            ``(11) the Secretary of Homeland Security; and''.
    (b) Coordination With Invasive Species Council.--Section 1201(f) of 
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 
(16 U.S.C. 4721(f)) is amended--
            (1) by striking ``Each Task Force member'' and inserting 
        the following:
            ``(1) In general.--Each member of the Task Force''; and
            (2) by adding at the end the following:
            ``(2) Invasive species council.--The Invasive Species 
        Council shall--
                    ``(A) coordinate and cooperate with the Task Force 
                in carrying out the duties of the Invasive Species 
                Council relating to aquatic invasive species;
                    ``(B) not later than 2 years after the date of 
                enactment of the National Aquatic Invasive Species Act 
                of 2003, and every 3 years thereafter, submit to 
                Congress a report that summarizes the status of the 
                conduct of activities authorized by and required under 
                this Act; and
                    ``(C) establish any regional panels or task forces 
                in coordination with the regional panels of the Task 
                Force convened under section 1203.''.
    (c) Coordination With Other Programs.--Section 1202(c) of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4722(c)) is amended by adding at the end the following:
            ``(3) Recommendations for lists.--
                    ``(A) In general.--The Task Force shall annually 
                recommend to Federal agencies of jurisdiction such 
                additions of aquatic invasive species as the Task Force 
                determines to be appropriate for inclusion on--
                            ``(i) any list of species of wildlife 
                        covered by section 42 of title 18, United 
                        States Code (including regulations); or
                            ``(ii) any list of noxious weeds under the 
                        Plant Protection Act (7 U.S.C. 7701 et seq.) 
                        (including regulations promulgated under that 
                        Act contained in part 360 of title 7, Code of 
                        Federal Regulations (or any successor 
                        regulations)).
                    ``(B) Process.--The Task Force may use the 
                screening process developed pursuant to section 1105 to 
                identify species pursuant to subparagraph (A).''.
    (d) Regional Coordination.--Section 1203 of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4723) is 
amended by adding at the end the following:
    ``(d) Annual Inter-Regional Meeting.--The Task Force shall annually 
convene all regional panels established pursuant to this Act for the 
purpose of information transfer between and among panels, and between 
the panels and the Task Force, regarding aquatic invasive species 
management.
    ``(e) Organizations.--
            ``(1) In general.--An interstate organization that has a 
        Federal charter authorized by law or executive order for 
        purposes of fisheries or natural resource management may 
        develop and implement--
                    ``(A) regional aquatic invasive species management 
                plans; and
                    ``(B) rapid response activities that are--
                            ``(i) requested by the Governors of the 
                        member States of the organization; and
                            ``(ii) consistent with any relevant State 
                        aquatic invasive species management plans.
            ``(2) Funds.--The interstate organization may receive funds 
        under this Act to implement activities under the regional 
        aquatic invasive species management plan of the 
        organization.''.
    (e) State Aquatic Invasive Species Management Plans.--Section 
1204(a) of the Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4724(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by inserting before the 
                semicolon at the end the following: ``, including, in 
                accordance with guidelines issued by the Task Force 
                under paragraph (5)--
                            ``(i) rapid assessment and response 
                        contingency strategies under section 1211;
                            ``(ii) early detection strategies under 
                        section 1211(a)(2)(D);
                            ``(iii) aquatic plant control programs 
                        conducted pursuant to other laws; and
                            ``(iv) screening of planned introductions 
                        pursuant to section 1105''; and
                    (B) in subparagraph (D), by inserting ``include'' 
                after ``(D)''; and
            (2) by adding at the end the following:
            ``(5) Guidelines.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the National Aquatic Invasive 
                Species Act of 2003, the Task Force shall amend the 
                guidelines of the Task Force for the development of 
                plans under this subsection, including guidelines for 
                reporting progress in implementing the plans, to 
                encourage consistency in implementation of and 
                reporting under those plans.
                    ``(B) Guidelines.--The guidelines published under 
                subparagraph (A) shall include, for the purpose of 
                paragraph (2)(A), guidelines concerning--
                            ``(i) rapid response contingency strategies 
                        under section 1211;
                            ``(ii) early detection strategies under 
                        section 1211(a)(2)(D);
                            ``(iii) aquatic plant control programs 
                        conducted pursuant to other laws;
                            ``(iv) screening of planned introductions 
                        pursuant to section 1105; and
                            ``(v) the review and revision of 
                        requirements of this subsection and the 
                        reapproval process under this subsection.
            ``(6) Relationship to other plans.--
                    ``(A) In general.--A plan approved under paragraph 
                (4) shall be deemed to meet any State planning 
                requirement of the program established under section 
                104 of the River and Harbor Act of 1958 (33 U.S.C. 610) 
                for a plan to control noxious aquatic plant growths.
                    ``(B) Enforcement.--Funds provided to States for 
                implementation of plans pursuant to section 1204 may be 
                used by States to enforce  requirements relating to 
aquatic invasive species under the Plant Protection Act (7 U.S.C. 7701 
et seq.) (including regulations promulgated under that Act contained in 
part 360 of title 7, Code of Federal Regulations (or any successor 
regulations)).
            ``(7) Eligibility of existing plans.--A plan approved under 
        this section as of the day immediately before the date of 
        enactment of the National Aquatic Invasive Species Act of 2003 
        shall be eligible to receive a grant awarded under this 
        section.
            ``(8) Review and revision.--
                    ``(A) In general.--Each State shall periodically 
                review and, as necessary, revise the management plan of 
                the State in accordance with guidelines of the Task 
                Force.
                    ``(B) Update of existing plans.--A plan approved 
                under this section as of the day immediately before the 
                date of enactment of the National Aquatic Invasive 
                Species Act of 2003 shall be updated after the date of 
                enactment of the National Aquatic Invasive Species Act 
                of 2003 to conform to the guidelines published under 
                paragraph (5).
            ``(9) Other state management plans.--In addition to the 
        management plans required under this subsection, the Director 
        shall encourage each State to develop and implement new, and 
        expand existing, State management plans to improve State 
        actions to prevent and control aquatic invasive species.''.
    (f) Grant Program.--Section 1204(b)(1) of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4724(b)(1)) is 
amended by striking ``subsection (a) for the implementation of those 
plans.'' and inserting the following: ``subsection (a)--
                    ``(A) to develop those plans with a total amount 
                that does not exceed 10 percent of the amounts made 
                available for grants under this section for each fiscal 
                year; and
                    ``(B) to implement those plans.''.

SEC. 502. INTERNATIONAL COORDINATION.

    (a) In General.--Subtitle E of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4751 et seq.) is 
amended--
            (1) by striking the subtitle heading and inserting the 
        following:

                    ``Subtitle E--Administration'';

        and
            (2) by adding at the end the following:

``SEC. 1402. INTERNATIONAL COORDINATION.

    ``(a) In General.--The Task Force, the Invasive Species Council, 
and the Secretary of State shall, to the maximum extent practicable, 
ensure that international efforts to prevent, detect, monitor, assess, 
and control aquatic invasive species (including through the 
International Maritime Organization, the International Convention on 
the Exploration of the Sea, the Global Invasive Species Program, and 
other appropriate programs) are coordinated with policies of the United 
States established by this Act.
    ``(b) Coordination With Neighboring Countries.--
            ``(1) In general.--The Task Force, in consultation with the 
        Secretary of State, shall include in the report required by 
        section 1202(m) a description of the means by which 
        international agreements and regulations with countries that 
        share a border with the United States will be implemented and 
        enforced by Federal agencies (including a clarification of the 
        roles and responsibilities of those agencies).
            ``(2) Negotiations.--As soon as practicable after the date 
        of enactment of the National Aquatic Invasive Species Act of 
        2003, the Secretary of State may enter into negotiations with--
                    ``(A) Canada to issue a request that the 
                International Joint Commission, not later than 18 
                months after the date of enactment of that Act, review, 
                research, conduct hearings on, and submit to the 
                parties represented on the International Joint 
                Commission a report that describes the success of 
                current policies of governments in the United States 
                and Canada having jurisdiction over the Great Lakes in 
                anticipating and preventing biological invasions of the 
                aquatic ecosystem in the Great Lakes, including--
                            ``(i) an analysis of current Federal, State 
                        or Provincial, local, and international laws, 
                        enforcement practices, and agreements;
                            ``(ii) an analysis of prevention efforts 
                        relating to all likely pathways for biological 
                        invasions of the aquatic ecosystem in the Great 
                        Lakes; and
                            ``(iii) recommendations of the 
                        International Joint Commission for means by 
                        which to improve and harmonize the policies and 
                        enforcement practices referred to in clause 
                        (i); and
                    ``(B) Mexico, to ensure coordination of efforts of 
                the United States with efforts of Mexico to manage 
                invasive species established in the United States-
                Mexico border region.''.

               TITLE VI--AUTHORIZATION OF APPROPRIATIONS

SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

    Section 1301 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4741) is amended to read as follows:

``SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--Except as otherwise provided in this section, 
there are authorized to be appropriated such sums as are necessary to 
carry out this Act for each of fiscal years 2004 through 2008.
    ``(b) Task Force and Aquatic Invasive Species Program.--There are 
authorized to be appropriated for each of fiscal years 2004 through 
2008--
            ``(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(g); 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 2004 through 2008.
    ``(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 2004 through 2008--
            ``(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 2004 through 
2008--
            ``(1) $5,000,000, to carry out the priority pathway 
        management program under section 1210, of which--
                    ``(A) $2,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $3,000,000 shall be used by the Director;
            ``(2) $1,000,000, to be used by the Invasive Species 
        Council to establish screening guidelines under section 
        1105(b); and
            ``(3) $3,500,000, to be used by the Director to promulgate 
        and implement screening requirements under section 1105(g).
    ``(f) Early Detection and Monitoring.--There is authorized to be 
appropriated, to carry out early detection, monitoring, and survey 
planning and implementation under section 1106, $2,000,000 for each of 
fiscal years 2004 and 2005 and $10,000,000 for each of fiscal years 
2006 through 2008, of which--
            ``(1) for each of fiscal years 2004 and 2005--
                    ``(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 2006 through 2008--
                    ``(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 2004 through 2008--
                    ``(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 2004 through 2008--
                    ``(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 2004 through 
        2008.
            ``(4) National nutria control program.--There is authorized 
        to be appropriated to the Director to carry out the national 
        nutria control program under section 1212 $3,000,000 for each 
        of fiscal years 2004 through 2008.
    ``(h) Information, Education and Outreach.--There are authorized to 
be appropriated for each of fiscal years 2004 through 2008--
            ``(1) $500,000, to be used by the Secretary of the Interior 
        to carry out the information and education program under 
        section 1202(h)(2)(D);
            ``(2) $750,000, to be used by the Director in carrying out 
        the 100th meridian program under section 1202(h)(2)(C);
            ``(3) $2,000,000, to be used to carry out informational and 
        educational activities of the Task Force under section 1202(h), 
        of which--
                    ``(A) $1,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $1,000,000 shall be used by the Director; and
            ``(4) $500,000, to be used by the National Oceanic and 
        Atmospheric Administration to carry out section 
        1202(h)(2)(B)(ii).
    ``(i) Research.--
            ``(1) Ecological and pathway research and analysis.--There 
        are authorized to be appropriated for each of fiscal years 2004 
        through 2008--
                    ``(A) $17,000,000, to be used by the National 
                Oceanic and Atmospheric Administration to carry out 
                sections 1107 and 1108, of which $13,000,000 shall be 
                used to carry out the grant program under section 
                1107(g));
                    ``(B) $4,000,000, to be used by the Smithsonian 
                Environmental Research Center to carry out sections 
                1107 and 1108;
                    ``(C) $4,500,000, to be used by the United States 
                Geological Survey to carry out sections 1107 and 1108, 
                of which $500,000 shall be used to develop, maintain, 
                and update the database required under section 
                1107(j)); and
                    ``(D) $1,650,000, to be used by the Great Lakes 
                Environmental Research Laboratory to carry out the 
                demonstration program under section 1202(i).
            ``(2) Dissemination.--There is authorized to be 
        appropriated to provide for the dissemination of information by 
        the Invasive Species Council under section 1109 $500,000 for 
        each of fiscal years 2004 through 2008.
            ``(3) Technology development, demonstration, and 
        verification.--There are authorized to be appropriated for each 
        of fiscal years 2004 through 2008--
                    ``(A) $2,500,000, to be used by the Administrator 
                for the purposes of environmental soundness screening 
                and improvement under section 1110(a);
                    ``(B) $1,000,000, to be used by the Assistant 
                Secretary to carry out the program under section 
                1110(b); and
                    ``(C) $7,500,000, to carry out vessel pathway 
                technology development under sections 1104 and 1301(e).
            ``(4) Vessel pathway standards research.--There are 
        authorized to be appropriated--
                    ``(A) for each of fiscal years 2004 through 2008, 
                $3,000,000, to be used for research in support of 
                vessels pathway standards and technology evaluation 
                under section 1111(a) of which--
                            ``(i) $1,500,000 shall be used by the 
                        Administrator; and
                            ``(ii) $2,000,000 shall be used by the 
                        Secretary of the Coast Guard;
                    ``(B) for each of fiscal years 2004 through 2006, 
                $500,000, to be used by the Coast Guard to carry out 
                the performance test required under section 1111(b); 
                and
                    ``(C) for fiscal year 2004, $500,000, to be used by 
                the Secretary of the Coast Guard to enter into an 
                agreement with the National Academy of Sciences to 
                carry out the study required under section 1111(c).
            ``(5) Research in systematics and taxonomy.--There is 
        authorized to be appropriated for the National Research 
        Foundation to provide research grants for systematics and 
        taxonomy under section 1112 $2,500,000 for each of fiscal years 
        2004 through 2008.''.

                    TITLE VII--CONFORMING AMENDMENTS

SEC. 701. CONFORMING AMENDMENTS.

    (a) In General.--The Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 is amended--
            (1) in section 1102 (16 U.S.C. 4712)--
                    (A) in subsection (a), by striking the subsection 
                heading and inserting the following:
``(a) Studies on Introduction of Aquatic Invasive Species by Vessels.--
''; and
                    (B) in subsection (b)--
                            (i) by striking paragraph (1); and
                            (ii) by redesignating paragraphs (2) and 
                        (3) as paragraphs (1) and (2), respectively;
            (2) in subtitle C (16 U.S.C. 4721 et seq.), by striking the 
        subtitle heading and inserting the following:

   ``Subtitle C--Prevention and Control of Aquatic Invasive Species 
                              Dispersal'';

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

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

            (5) in section 1204 (16 U.S.C. 4724), by striking the 
        section heading and inserting the following:

``SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGEMENT PLANS.'';

        and
            (6) by striking ``aquatic nuisance species'' each place it 
        appears and inserting ``aquatic invasive species''.
    (b) Short Title.--
            (1) Section 1001 of the Nonindigenous Aquatic Nuisance 
        Prevention and Control Act of 1990 (16 U.S.C. 4701) is amended 
        by striking ``Nonindigenous Aquatic Nuisance'' and inserting 
        ``Nonindigenous Aquatic Invasive Species''.
            (2) References.--Any reference in a law, map, regulation, 
        document, paper, or other record of the United States to the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 shall be deemed to be a reference to the Nonindigenous 
        Aquatic Invasive Species Prevention and Control Act of 1990.
                                 <all>