[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1591 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1591

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2005

 Mr. Gilchrest (for himself, Mr. Ehlers, Mr. Kirk, Mr. Blumenauer, and 
 Mr. DeFazio) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committee on Resources, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Aquatic 
Invasive Species Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

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

Sec. 101. Vessel pathway requirements.
Sec. 102. Requirements for new vessels.
Sec. 103. Great Lakes program.
Sec. 104. Authority of Secretary; regulations.
Sec. 105. Sanctions.
Sec. 106. Program coordination.
Sec. 107. Vessel safety.
Sec. 108. Relationship to other law.
Sec. 109. Armed services whole vessel management program.
Sec. 110. Conforming amendments.
TITLE II--PREVENTION OF THE INTRODUCTION OF AQUATIC INVASIVE SPECIES BY 
                             OTHER PATHWAYS

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

Sec. 301. Early detection.
Sec. 302. Rapid response.
Sec. 303. Dispersal barriers.
Sec. 304. Environmental soundness.
Sec. 305. Information, education, and outreach.
                         TITLE IV--COORDINATION

Sec. 401. Program coordination.
Sec. 402. International coordination.
                TITLE V--AUTHORIZATION OF APPROPRIATIONS

Sec. 501. Authorization of appropriations.
                    TITLE VI--CONFORMING AMENDMENTS

Sec. 601. Conforming amendments.

SEC. 2. FINDINGS.

     Congress finds that--
            (1) aquatic invasive species are second only to habitat 
        destruction as a cause of permanent losses in biological 
        diversity of aquatic ecosystems of the United States;
            (2) aquatic invasive species continue to be introduced into 
        water of the United States at an unacceptable rate;
            (3) aquatic invasive species damage infrastructure, disrupt 
        commerce, outcompete native species, reduce biodiversity, and 
        threaten human health;
            (4) the direct and indirect costs of aquatic invasive 
        species to the economy of the United States amount to billions 
        of dollars per year;
            (5) in the Great Lakes region, approximately $3,000,000,000 
        has been spent in the past 10 years to mitigate the damage 
        caused by a single invasive species, the zebra mussel;
            (6) 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);
            (7) prevention of aquatic invasive species is the most 
        environmentally sound and cost-effective management approach 
        because once established, aquatic invasive species are costly, 
        and sometimes impossible to control;
            (8) to be effective, the prevention, early detection, and 
        control of and rapid response to aquatic invasive species 
        should be coordinated regionally, nationally, and 
        internationally;
            (9) pathway management is the most promising approach to 
        reducing unplanned introductions of aquatic invasive species;
            (10) consistent national screening criteria are needed to 
        evaluate the potential risk of nonindigenous aquatic species;
            (11) States and regions have unique vulnerabilities with 
        respect to aquatic invasive species and unique means for 
        addressing aquatic invasive species;
            (12) a comprehensive research program which monitors 
        pathways and ecosystems to detect the establishment and track 
        the spread of invasive species, develop and demonstrate 
        effective management and control methods, and monitor success 
        of prevention and control efforts, is essential to accurate 
        identification and management of high risk pathways; and
            (13) it is in the interest of the United States to 
        understake a comprehensive and thorough program to research, 
        prevent, manage, and control introductions of aquatic species 
        that may become invasive and to coordinate that program to the 
        extent possible with neighboring nations and efforts globally.

SEC. 3. DEFINITIONS.

    Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4702) is amended to read as follows:

``SEC. 1003. DEFINITIONS.

    ``In this Act, the following definitions apply:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Aquatic ecosystems in the united states.--The term 
        `aquatic ecosystems in the United States' means freshwater, 
        marine, and estuarine environments (including inland waters and 
        wetlands), located in waters of 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, refers to an 
        activity that prevents or reduces introductions, or controls 
        infestations, of aquatic invasive species in a manner that 
        minimizes adverse effects on--
                    ``(A) the structure and function of an ecosystem; 
                and
                    ``(B) nontarget organisms and ecosystems.
            ``(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).
            ``(14) 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.
            ``(15) Invasion.--The term `invasion' means an infestation 
        of an aquatic invasive species.
            ``(16) 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.
            ``(17) 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).
            ``(18) Nonindigenous species.--The term `nonindigenous 
        species' means any species in an ecosystem beyond its historic 
        range.
            ``(19) Species in trade.--The term `species in trade' means 
        a species that has a documented history of being commercially 
        imported into the United States in the period beginning on 
        January 1, 1990, and ending on January 1, 2002.
            ``(20) Organism transfer.--The term `organism transfer' 
        means the movement of an organism of any species from one 
        ecosystem to another ecosystem outside the historic range of 
        the species.
            ``(21) Pathway.--The term `pathway' means 1 or more vectors 
        by which an invasive species is transferred from one ecosystem 
        to another.
            ``(22) Planned importation.--The term `planned importation' 
        means the purposeful movement of one or more nonindigenous 
        organisms for use in the territorial limits of the United 
        States.
            ``(23) Regional panel.--The term `regional panel' means a 
        panel convened in accordance with section 1203.
            ``(24) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
            ``(25) Species.--The term `species' means any fundamental 
        category of taxonomic classification, or any viable biological 
        material, ranking below a genus or subgenus.
            ``(26) Task force.--The term `Task Force' means the Aquatic 
        Invasive Species Task Force established by section 1201(a).
            ``(27) 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.
            ``(28) Treatment.--The term `treatment' means a mechanical, 
        physical, chemical, biological, or other process or method of 
        killing, removing, or rendering inviable, organisms.
            ``(29) Type approval.--The term `type approval' means an 
        approval procedure under which a type of system is initially 
        certified as meeting a standard established by law (including a 
        regulation) for a particular application if operated correctly.
            ``(30) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Oceans and Atmosphere.
            ``(31) 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.
            ``(32) 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. VESSEL PATHWAY REQUIREMENTS.

    (a) Requirements for Vessels Operating in Waters of the United 
States.--Section 1101 of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4711) is amended by striking 
subsection (a) and inserting the following:
    ``(a) Requirements for All 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 the promulgation of 
                guidelines or regulations under this section, each 
                vessel that is equipped with ballast, and other towed 
                vessels and structures, operating in waters of the 
                United States shall have in effect, and have available 
                for inspection, an aquatic invasive species management 
                plan that prescribes safe and effective means by which 
                the master of the vessel shall minimize introductions 
                and transfers of invasive species by any part of the 
                vessel, pursuant to the guidelines or regulations 
                applicable to that vessel.
                    ``(B) Specificity.--The management plan shall be 
                specific to the vessel (or group of vessels with 
                characteristics similar to that of the vessel, as 
                determined by the Secretary).
                    ``(C) Requirements.--The management plan shall 
                include, at a minimum, such information as is requested 
                by the Secretary pursuant to subparagraph (D), 
                including--
                            ``(i) operational requirements to safely 
                        and effectively comply with the ballast water 
                        management requirements under paragraph (4);
                            ``(ii) operational requirements to safely 
                        and effectively carry out any actions 
                        consistent with 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 subsection (k), if appropriate; and
                            ``(x) such requirements described in 
                        subsection (e) as are applicable to the vessel.
                    ``(D) Guidelines.--Not later than 18 months after 
                the date of enactment of the National Aquatic Invasive 
                Species Act of 2005, the Secretary shall issue final 
                guidelines for the development of invasive species 
                management plans, including guidelines that--
                            ``(i) identify types of vessels for which 
                        plans are required;
                            ``(ii) establish processes for updating and 
                        revising the plans; and
                            ``(iii) establish criteria for compliance 
                        with this subsection.
            ``(2) Records.--The master of a vessel shall--
                    ``(A) maintain records of all ballast operations, 
                for such period of time and including such information 
                as the Secretary may specify;
                    ``(B) permit inspection of the records by 
                representatives of the Secretary and of the State in 
                which the vessel has entered a port; and
                    ``(C) transmit records to the National Ballast 
                Information Clearinghouse established under section 
                1102(f).
            ``(3) Best management practices.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of the National Aquatic Invasive 
                Species Act of 2005, the Secretary shall issue 
                guidelines on best management practices to eliminate or 
                minimize and monitor organism transfer by vessels.
                    ``(B) Practices to be included.--The best 
                management practices shall include, but not be limited 
                to--
                            ``(i) sediment management in transoceanic 
                        vessels;
                            ``(ii) minimization of ballast water uptake 
                        in areas where 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 antifouling coating; 
                        and
                            ``(vi) provision of access points in 
                        ballast piping for sampling of ballast intake 
                        and discharge.
            ``(4) Ballast water management.--
                    ``(A) In general.--Each vessel equipped with a 
                ballast water tank that enters a United States port, 
                except for a vessel subject to subparagraph (B) and 
                subsection (c), shall comply with the standards 
                described in paragraphs (1) and (2) of subsection (b) 
                and the regulations promulgated under subsection (e) 
                relating to ballast water management.
                    ``(B) Exceptions.--
                            ``(i) Vessels operating entirely within the 
                        exclusive economic zone.--A vessel equipped 
                        with a ballast water 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 that operate exclusively in 
                        an enclosed aquatic ecosystem.--
                                    ``(I) In general.--A vessel 
                                equipped with ballast tanks and that 
                                operates exclusively in the upper 4 
                                Great Lakes, 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, is not required to 
                                comply with the standards described in 
                                paragraphs (1) and (2) of subsection 
                                (b).
                                    ``(II) Additional enclosed aquatic 
                                ecosystems.--The Administrator and 
                                Under Secretary, in consultation with 
                                regional panels of the Task Force, may 
                                determine the other enclosed aquatic 
                                ecosystems that are covered by 
                                subclause (I).''.
    (b) Ballast Water Management Standards and Certification 
Procedures.--Section 1101 of the Nonindigenous Aquatic Nuisance Species 
Prevention and Control Act of 1990 (16 U.S.C. 4711) is further 
amended--
            (1) by striking subsections (b) through (f) and subsection 
        (h); and
            (2) by inserting after subsection (a) the following:
    ``(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 2005, 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 (3)(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 
                        approval process promulgated under paragraph 
                        (3)(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 2005, 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 for--
                                    ``(I) the applicable category or 
                                class of vessels; and
                                    ``(II) the new source or existing 
                                source status;
                            ``(ii) have the goal of eliminating the 
                        risk of introduction into waters of the United 
                        States by vessels of nonindigenous species, 
                        including plant, animal, and human pathogens;
                            ``(iii) consider findings of scientific and 
                        policy research; and
                            ``(iv) be measurable.
            ``(3) Certification of treatments or practices; 
        enforcement.--
                    ``(A) In general.--Not later than the date on which 
                interim standards are promulgated under paragraph (1) 
                and final standards are promulgated under paragraph 
                (2), the Secretary shall, with the concurrence of the 
                Administrator, promulgate regulations for--
                            ``(i) the certification of treatments or 
                        practices that comply with the standards; and
                            ``(ii) ongoing 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) protocol for ballast water exchange 
                        involving dye studies or models detailing flow 
                        dynamics of vessels described in paragraph 
                        (1)(B)(i)(II); and
                            ``(ii) 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 issued 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 nonindigenous 
                                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 independently 
                                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, 
                                phytoplankton, 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 under 
                        subparagraph (A) shall be granted for--
                                    ``(I) a period of 10 years or the 
                                expected useful life of the treatment 
                                system, whichever is earlier; or
                                    ``(II) until such time as the 
                                Secretary or Administrator (as 
                                appropriate) determine that (based on 
                                available information, including 
                                information developed pursuant to 
                                clause (iii)) there exists a serious 
                                deficiency in performance or 
                                environmental soundness of the system 
                                relative to anticipated performance or 
                                environmental soundness.
                            ``(iii) Information.--As a condition of 
                        receiving experimental approval for a treatment 
                        under subparagraph (A)(ii), the owner or 
                        operator of a vessel shall agree to collect and 
                        report such information regarding the 
                        operational and biological effectiveness of the 
                        treatment through sampling of the intake and 
                        discharge ballast as the Secretary may request.
                            ``(iv) Renewal.--An experimental approval 
                        may be renewed pursuant to paragraph (7)(B).
            ``(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) of this 
                subsection.
                    ``(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 may approve only such applications for 
                qualified type approval of the ballast water treatment 
                system that are in such form and contain 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 
                                ship or group of ships, as determined 
                                by the Secretary;
                                    ``(III) be valid for the lesser 
                                of--
                                            ``(aa) a period of 10 years 
                                        or the expected useful life of 
                                        the treatment system, whichever 
                                        is earlier; or
                                            ``(bb) until such time as 
                                        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).
            ``(8) Penalties.--Paragraphs (1) and (2) of subsection (g) 
        shall apply to a violation of a regulation promulgated under 
        this subsection.''.

SEC. 102. REQUIREMENTS FOR NEW VESSELS.

    Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4711) is further amended by inserting 
after subsection (b) the following:
    ``(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.''.

SEC. 103. GREAT LAKES PROGRAM.

    Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4711) is further amended by inserting 
after subsection (c) the following:
    ``(d) Great Lakes Program.--
            ``(1) Continuity of regulations and great lakes program.--
                    ``(A) Regulations.--Regulations promulgated under 
                subsection (b) of this section, as in effect 
                immediately before the enactment of the National 
                Aquatic Invasive Species Act of 2005, shall remain in 
                effect until such time as the regulations are revised 
                or replaced by regulations promulgated pursuant to the 
                National Aquatic Invasive Species Act of 2005.
                    ``(B) Relationship to other programs.--Upon 
                implementation of a national mandatory ballast 
                management program that is at least as comprehensive as 
                the Great Lakes program established under subsection 
                (b) of this section, as in effect immediately before 
                the enactment of the National Aquatic Invasive Species 
                Act of 2005, including regulations under that section 
                (as determined by the Secretary, in consultation with 
                the Governors of Great Lakes States)--
                            ``(i) the program regulating vessels and 
                        ballast water in the Great Lakes under this 
                        section shall terminate; and
                            ``(ii) the national program shall apply to 
                        such vessels and ballast water.
            ``(2) Review and revision.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of the National Aquatic Invasive 
                Species Act of 2005, the Secretary shall--
                            ``(i) review and revise regulations 
                        promulgated under this subsection; and
                            ``(ii) promulgate the revised regulations.
                    ``(B) Contents.--The revised regulations shall 
                include at a minimum requirements under subsections (a) 
                and (b) of this section.''.

SEC. 104. AUTHORITY OF SECRETARY; REGULATIONS.

    Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4711) is further amended by inserting 
after subsection (d) the following:
    ``(e) Authority of Secretary; Regulations.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of the National Aquatic Invasive Species Act of 
        2005, the Secretary shall promulgate regulations to implement 
        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 
                subsection (d)(1)(B).
            ``(3) Requirements.--The regulations promulgated under 
        paragraphs (1) shall--
                    ``(A) be consistent with interim and final 
                standards issued under paragraphs (1) and (2) of 
                subsection (b), as applicable;
                    ``(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) require a vessel described in paragraph (1)--
                            ``(i) to carry out the exchange of ballast 
                        water of the vessel in waters beyond the 
                        exclusive economic zone in accordance with the 
                        standards and certification procedures 
                        promulgated under subsection (b);
                            ``(ii) in a case in which the master of the 
                        vessel determines that compliance with clause 
                        (i) is impracticable, to exchange the ballast 
                        water of the vessel in other waters in which 
                        the exchange does not pose a threat of invasion 
                        or spread of nonindigenous species in waters of 
                        the United States, as designated by the 
                        Secretary; or
                            ``(iii) to use environmentally sound 
                        alternative ballast water management methods, 
                        including modification of the vessel ballast 
                        water tanks and intake systems, if the 
                        Secretary determines that such alternative 
                        methods are in accordance with standards and 
                        certification procedures promulgated under 
                        subsection (b);
                    ``(E) provide for sampling of ballast intake and 
                discharge flows through ballast piping to monitor 
                compliance with the regulations;
                    ``(F) take into consideration--
                            ``(i) vessel types;
                            ``(ii) variations in the ecological 
                        conditions of waters and coastal areas of the 
                        United States; and
                            ``(iii) different operating conditions; and
                    ``(G) be based on the best scientific information 
                available.
            ``(4) Education and technical assistance.--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 2005, 
        and not less often than every 3 years thereafter, the Secretary 
        shall (with the concurrence of the Administrator, based on 
        recommendations of the Task Force and information collected and 
        analyzed by relevant research, and in accordance with criteria 
        developed by the Task Force under paragraph (3))--
                    ``(A) assess the compliance by vessels with 
                regulations promulgated under this section;
                    ``(B) assess the effectiveness of the regulations 
                referred to in subparagraph (A) in reducing the 
                introduction and spread of aquatic invasive species by 
                vessels; and
                    ``(C) as necessary, on the basis of the best 
                scientific information available--
                            ``(i) revise the regulations referred to in 
                        subparagraph (A); and
                            ``(ii) promulgate additional regulations.
            ``(2) Special review and revision.--Not later than 90 days 
        after the date on which the Task Force makes a request to the 
        Secretary for a special review and revision of the program, the 
        Secretary shall (with the concurrence of the Administrator)--
                    ``(A) conduct a special review of regulations in 
                accordance with paragraph (1); and
                    ``(B) as necessary, in the same manner as provided 
                under paragraph (1)(C)--
                            ``(i) revise those guidelines; or
                            ``(ii) promulgate additional regulations.
            ``(3) Criteria for effectiveness.--Not later than 1 year 
        after the date of enactment of the National Aquatic Invasive 
        Species Act of 2005, and every 3 years thereafter, the Task 
        Force shall submit to the Secretary criteria for determining 
        the adequacy and effectiveness of all regulations promulgated 
        under this section.''.

SEC. 105. SANCTIONS.

    Section 1101(g) of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 1101(g)) is amended to read as 
follows:
    ``(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 App. U.S.C. 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 
                        title;
                            ``(ii) contingency requirements of section 
                        1211; and
                            ``(iii) reporting requirements of this 
                        title.''.

SEC. 106. PROGRAM COORDINATION.

    Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 1101) is further amended by striking 
subsections (h), (i), and (j) and inserting the following:
    ``(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.--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.''.

SEC. 107. VESSEL SAFETY.

    Section 1101(k) of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 1101(k)) is amended to read as 
follows:
    ``(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)).''.

SEC. 108. RELATIONSHIP TO OTHER LAW.

    Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 1101) is further amended by adding at 
the end the following:
    ``(m) Applicability; Effect on Other Law.--Nothing in this section 
or any regulation promulgated under this section supersedes or 
otherwise affects any requirement or prohibition relating to the 
discharge of ballast water under the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.).''.

SEC. 109. ARMED SERVICES WHOLE VESSEL MANAGEMENT PROGRAM.

    (a) In General.--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.--Subparagraph (A) 
                shall not affect the ballast program for Department of 
                Defense vessels in effect immediately before the 
                enactment of the National Aquatic Invasive Species Act 
                of 2005.
            ``(3) Reports.--Not later than 3 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2005, 
        and every 3 years thereafter, the Secretary of Defense shall 
        submit to the Congress a report that includes a summary and 
        analysis of the program carried out under this section.''.

SEC. 110. CONFORMING AMENDMENTS.

    (a) Section 1101(g) of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711(g)) is amended by 
striking ``under subsection (b) or (f)'' each place it appears and 
inserting ``under this section''.
    (b) 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)''.
    (c) 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)''.

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

SEC. 201. PRIORITY PATHWAY MANAGEMENT PROGRAM.

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

``SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM.

    ``(a) Identification of High Priority Pathways.--Not later than 2 
years after the date of enactment of the National Aquatic Invasive 
Species Act of 2005, and every 3 years thereafter, the Task Force, in 
coordination with the Invasive Species Council and in consultation with 
representatives of States, industry, and other interested parties, 
shall, based on pathway surveys and other available research relating 
to the rates of introductions in waters of the United States--
            ``(1) identify those pathways that pose the highest risk 
        for introductions of invasive species, both nationally and on a 
        region-by-region basis unless further managed;
            ``(2) develop recommendations for management strategies for 
        those high-risk pathways;
            ``(3) include in the report to the Congress required under 
        section 1201(f)(2)(B) a description of the identifications, 
        strategies, and recommendations; and
            ``(4) identify aquatic invasive species not yet introduced 
        into waters of the United States that are likely to be 
        introduced into waters of the United States unless preventative 
        measures are taken.
    ``(b) Management of High Priority Pathways.--Not later than 3 years 
after the date of enactment of the National Aquatic Invasive Species 
Act of 2005, the Task Force or agencies of jurisdiction shall, to the 
maximum extent practicable, implement the strategies described in 
subsection (a)(2).''.

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

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

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

    ``(a) In General.--Not later than 3 years after the date of 
enactment of the National Aquatic Invasive Species Act of 2005, no live 
aquatic organism of a species not in trade shall be imported into the 
United States without screening and approval in accordance with 
subsections (c) and (d).
    ``(b) Guidelines.--
            ``(1) In general.--Not later than 30 months after the date 
        of enactment of the National Aquatic Invasive Species Act of 
        2005, in consultation with regional panels convened under 
        section 1203, States, tribes, and other stakeholders, the 
        Invasive Species Council (in conjunction with the Task Force) 
        shall issue 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 in waters of the United States and contiguous 
        waters of Canada and Mexico.
            ``(3) Factors.--In developing guidelines under this 
        subsection and reviewing and revising the guidelines under 
        subsection (j), the Invasive Species Council and the Task Force 
        shall consider--
                    ``(A) the likelihood of the spread of species by 
                human or natural means;
                    ``(B) species that may occur in association with 
                the species planned for importation, including 
                pathogens, parasites, and free-living organisms; and
                    ``(C) regional differences in probability of 
                invasion and associated impacts.
    ``(c) Categories.--The screening process conducted pursuant to 
subsection (d) shall require the identification, to the maximum extent 
practicable, to the species level or, at least, to the genus level, of 
live aquatic organisms proposed for importation and shall list--
            ``(1) species with high or moderate probability of 
        undesirable impacts to areas within the boundaries of the 
        United States and contiguous areas of neighboring countries, to 
        which the species is likely to spread; and
            ``(2) species on which there is insufficient information to 
        determine the risk category based on guidelines issued pursuant 
        to subsection (b)(1)(B).
    ``(d) Evaluation.--
            ``(1) In general.--Not later than 180 days after the date 
        of promulgation of guidelines under subsection (b), in 
        consultation with regional panels convened under section 1203, 
        States, tribes, and other stakeholders, a Federal agency with 
        authority over an importation into the United States of a live 
        organism of a species not in trade shall screen the species in 
        accordance with guidelines promulgated under subsection (b).
            ``(2) Delegation and authority.--If no agency has authority 
        described in paragraph (1) or an agency delegates the screening 
        to the Director under subsection (h)--
                    ``(A) the Director shall screen the organisms in 
                accordance with subsections (a) and (b); and
                    ``(B) the Director may prohibit the importation of 
                an organism of a species not in trade if the Director 
                determines, based on evaluations consistent with the 
                screening requirements promulgated under section (f), 
                that the species has a high or moderate probability of 
                undesirable impacts on areas within the boundaries of 
                the United States and contiguous areas of neighboring 
                countries to which the species may spread.
            ``(3) Multiple jurisdiction.--If more than 1 agency has 
        jurisdiction over the importation of a live organism, the 
        agencies shall conduct only 1 screening process as determined 
        by a memorandum of understanding consistent with subsection 
        (f), except that 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 60 days after receiving a 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 heads of the agencies of jurisdiction 
        regarding the screening requirements contained in 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 
                will coordinate and share information required for the 
                screening process.
    ``(g) Delegation to Director.--Any agency with authority over the 
planned importation of a live aquatic organism may delegate to the 
Director the screening process carried out under this section.
    ``(h) Catalog of Species in Trade.--Not later than 1 year after the 
date of enactment of the National Aquatic Invasive Species Act of 2005, 
the Director of the United States Geological Survey and the Director of 
the Smithsonian Environmental Research Center, in cooperation with 
agencies with jurisdiction over planned importations of live organisms, 
shall--
            ``(1) develop and update as necessary a catalog of species 
        in trade; and
            ``(2) include the list in the information provided to the 
        public pursuant to section 1102(f).
    ``(i) 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 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) an evaluation of the consistency of the 
                application of the screening by agencies; and
                    ``(C) recommendations for revisions of the 
                processes.
    ``(j) Prohibitions.--It shall be unlawful for any person subject to 
the jurisdiction of the United States to import an organism of a 
species described under subsection (c) or (d) or in violation of 
regulations promulgated under this section.
    ``(k) Penalties.--
            ``(1) Civil penalties.--Any person who violates subsection 
        (j) shall be liable for a civil penalty in an amount not to 
        exceed $50,000.
            ``(2) Criminal penalties.--Any person who knowingly 
        violates subsection (j) is guilty of a class C felony.
    ``(l) Fees.--The head of any agency that has jurisdiction over a 
planned importation of a species subject to screening under this Act 
may increase the amount of any appropriate fee that is charged under an 
authority of law to offset the cost of any screening process carried 
out under this section.
    ``(m) Information.--A Federal agency conducting a screening process 
under this section shall make the results of the process available to 
the public (including international organizations).
    ``(n) Regulations.--The Director may issue regulations to implement 
this section.
    ``(o) Applicability: Effect on Other Laws.--Nothing in this section 
shall be construed as repealing, superseding, or modifying any 
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) Early Detection.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of the National Aquatic Invasive Species Act of 
        2005, in conjunction with the Council, the Task Force shall 
        develop and promulgate a set of sampling protocols, a 
        geographic plan, and budget to support a national system of 
        ecological surveys to rapidly detect recently established 
        aquatic invasive species in waters of the United States.
            ``(2) Contents.--The protocols, plan, and budget shall, at 
        a minimum--
                    ``(A) address a diversity of aquatic ecosystems of 
                the United States (including inland and coastal 
                waters);
                    ``(B) encourage State, local, port, and tribal 
                participation in monitoring;
                    ``(C) balance scientific rigor with practicability, 
                timeliness, and breadth of sampling activity;
                    ``(D) consider the pathways and/or organisms 
                identified under section 1210;
                    ``(E) include a capacity to evaluate the impacts of 
                permitted importations screened by the processes 
                established under section 1105; and
                    ``(F) include clear lines of communication with 
                appropriate Federal, State, and regional rapid response 
                authorities.
            ``(3) Implementation.--Not later than 3 years after the 
        date of enactment of the National Aquatic Invasive Species Act 
        of 2005, the Director of the United States Fish and Wildlife 
        Service, the Administrator of the National Oceanic and 
        Atmospheric Administration, and the Administrator (in 
        consultation with the Invasive Species Council and in 
        coordination with other agencies) shall implement a national 
        system of ecological surveys that is--
                    ``(A) carried out in cooperation with State, local, 
                port, tribal authorities, and other non-Federal 
                entities (such as colleges and universities); and
                    ``(B) based on the protocols, plan, and budget 
                published under subsection (a)(1) 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.) is further 
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 that has 
        in effect a rapid response contingency strategy for invasive 
        species in the State, including rapid assessment capabilities, 
        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 State rapid response contingency 
        strategy 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 1106;
                    ``(E) provides for a monitoring capability to 
                assess--
                            ``(i) the extent of infestations; and
                            ``(ii) the effectiveness of rapid response 
                        efforts;
                    ``(F) to the maximum extent practicable, is 
                integrated into the State aquatic invasive species 
                management plan approved under section 1204;
                    ``(G) to the maximum extent possible, does not use 
                rapid response tools that do not meet environmental 
                criteria developed under subsection (e)(4);
                    ``(H) includes a public education and outreach 
                component directed at--
                            ``(i) potential pathways for spread of 
                        aquatic invasive species; and
                            ``(ii) persons involved in industries and 
                        recreational activities associated with those 
                        pathways; and
                    ``(I) to the extent that the strategy involves 
                vessels, conforms with guidelines issued by the 
                Secretary under subsection (c)(2).
    ``(b) Regional Rapid Response Contingency Strategies.--The Task 
Force, with the concurrence of the Invasive Species Council and in 
consultation with the regional panels of the Task Force established 
under section 1203, shall encourage the development of regional rapid 
response contingency strategies that--
            ``(1) provide a consistent and coordinated approach to 
        rapid response; and
            ``(2) are approved by--
                    ``(A) the Secretary; and
                    ``(B) the Governors and Indian tribes having 
                jurisdiction over areas within a region.
    ``(c) Model Rapid Response Contingency Strategies.--Not later than 
18 months after the date of enactment of the National Aquatic Invasive 
Species Act of 2005--
            ``(1) the Task Force, with the concurrence of the Invasive 
        Species Council and the regional panels of the Task Force 
        established under section 1203, shall develop--
                    ``(A) a model State rapid response contingency 
                strategy for aquatic invasive species, including rapid 
                assessment capability, that includes, to the maximum 
                extent practicable, the components listed under 
                subparagraphs (A) through (H) of subsection (a)(2); and
                    ``(B) a model regional rapid response contingency 
                strategy for aquatic invasive species; and
            ``(2) the Secretary, in concurrence with the Task Force and 
        the regional panels, shall issue guidelines that describe 
        vessel-related requirements that may be used in a rapid 
        response contingency strategy, including specific requirements 
        for 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.
            ``(3) In-kind contributions.--States or regions that 
        receive Federal funds for rapid response activities may provide 
        matching funds in the form of in-kind contributions.
    ``(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 2005, the Invasive Species Council, in coordination with 
        the Task Force and the heads of appropriate Federal agencies, 
        shall establish a Federal rapid response team for each of the 
        10 Federal regions that comprise the Standard Federal Regional 
        Boundary System.
            ``(2) Duties of teams.--Each Federal rapid response team 
        shall, at a minimum--
                    ``(A) implement rapid eradication or control 
                responses for newly detected aquatic invasive species 
                on Federal and tribal land;
                    ``(B) carry out, or assist in carrying out, rapid 
                responses for newly detected aquatic invasive species 
                on non-Federal land at the request of a State, Indian 
                tribe, or group of States or Indian tribes;
                    ``(C) provide training and expertise for State, 
                tribal, or regional rapid responders;
                    ``(D) provide central sources of information for 
                rapid responders;
                    ``(E) maintain a list of researchers and rapid 
                response volunteers; and
                    ``(F) in carrying out any rapid response activity 
                with respect to an aquatic noxious weed listed under 
                section 412(f) of the Plant Protection Act (7 U.S.C. 
                7712(f)), include representatives of the Animal and 
                Plant Health Inspection Service.
            ``(3) Criteria for identifying cases of rapid response 
        warranting federal assistance.--Not later than 1 year after the 
        date of enactment of the National Aquatic Invasive Species Act 
        of 2005, the Task Force, with the concurrence of the Invasive 
        Species Council, shall develop criteria to identify cases of 
        rapid response warranting Federal assistance under this 
        subsection, including criteria relating to, at a minimum--
                    ``(A) the extent to which infestations of aquatic 
                invasive species may be managed successfully by rapid 
                response;
                    ``(B) the extent to which rapid response efforts 
                may differ from ongoing management and control; and
                    ``(C) the extent to which infestations of 
                nonindigenous aquatic invasive species are considered 
                to be an acute or chronic threat to--
                            ``(i) biodiversity of native fish and 
                        wildlife;
                            ``(ii) habitats of native fish and 
                        wildlife; or
                            ``(iii) human health.
            ``(4) Environmental criteria.--Not later than 1 year after 
        the date of enactment of the National Aquatic Invasive Species 
        Act of 2005, the Administrator, in consultation with the 
        Invasive Species Council, the Secretary of Transportation, the 
        Task Force (including regional panels of the Task Force 
        established under section 1203), the Director, and the Director 
        of the National Marine Fisheries Service, shall develop 
        environmental criteria to minimize nontarget environmental 
        impacts of rapid responses carried out pursuant to this 
        section.''.

SEC. 303. DISPERSAL BARRIERS.

    Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4722) is amended--
            (1) by redesignating subsections (j) and (k) as subsections 
        (l) and (m), respectively; and
            (2) by inserting after subsection (i) the following:
    ``(j) National Dispersal Barrier Program.--
            ``(1) Chicago river ship and sanitary canal dispersal 
        barrier project.--
                    ``(A) In general.--The Assistant Secretary, with 
                the concurrence of the Administrator, shall complete 
                construction of, operate, and maintain, the Chicago 
                River Ship and Sanitary Canal dispersal barrier 
                project.
                    ``(B) Consultation.--Subparagraph (A) shall be 
                carried out in consultation with the appropriate 
                Federal, State, local, and other nongovernmental 
                entities.
                    ``(C) Construction.--The completed barrier project 
                shall include additions to the dispersal barrier in 
                existence on the date of enactment of the National 
                Aquatic Species Act of 2005, 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;
                            ``(vi) an emergency egress system; and
                            ``(vii) 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 2005, the 
                        Assistant Secretary, in consultation with 
                        appropriate Federal, State, local, and 
                        nongovernmental entities, shall conduct a 
                        feasibility study of the full range of options 
                        available to prevent the spread of aquatic 
                        species through the Chicago River Ship and 
                        Sanitary dispersal barrier.
                            ``(ii) Matters to be studied.--The study 
                        shall--
                                    ``(I) provide recommendations 
                                concerning additional 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, 100-percent 
                                efficacy of the barrier with respect to 
                                aquatic invasive species of fish and 
                                maximum efficacy of the barrier with 
                                respect to other taxa of aquatic 
                                invasive species.
            ``(2) Monitoring program.--
                    ``(A) Establishment.--Not later than 1 year after 
                the date of enactment of the National Aquatic Invasive 
                Species Act of 2005, the Secretary of the Interior 
                shall establish an interbasin and intrabasin monitoring 
                program.
                    ``(B) Required elements.--The monitoring program 
                shall--
                            ``(i) track aquatic invasive species moving 
                        through the Chicago River Ship and Sanitary 
                        Canal, the Lake Champlain Canal, other 
                        interbasin waterways, and major river systems 
                        as recommended by regional panels convened 
                        under section 1203;
                            ``(ii) assess the efficacy of dispersal 
                        barriers and other measures in preventing the 
                        spread of aquatic invasive species through the 
                        waterways; and
                            ``(iii) identify waterways suitable for 
                        dispersal barrier demonstration projects, in 
                        addition to the waterways at which dispersal 
                        barrier demonstration projects were carried out 
                        before the date of enactment of the National 
                        Aquatic Invasive Species Act of 2005.
                    ``(C) Reports.--The Secretary of the Interior shall 
                issue biennial reports on the findings of the 
                monitoring program.
            ``(3) Prevention and mitigation plans for army corps of 
        engineers projects.--In developing projects involving 
        interbasin waterways or other hydrologic alternations that 
        could create pathways for aquatic invasive species, the 
        Assistant Secretary shall develop adequate prevention and 
        mitigation plans for controlling the dispersal of aquatic 
        invasive species.
            ``(4) Technical assistance.--The Great Lakes Environmental 
        Research Laboratory of the National Oceanic and Atmospheric 
        Administration shall provide technical assistance to 
        appropriate entities to assist in the research conducted under 
        this subsection.
            ``(5) Reports.--Not later than 3 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2005, 
        the Assistant Secretary and the Director shall jointly submit 
        to the 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 further research 
                needs.
            ``(6) 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)); and
                    ``(B) construct, maintain, and operate such 
                dispersal barriers as necessary.''.

SEC. 304. ENVIRONMENTAL SOUNDNESS.

    Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4722) is further amended by inserting 
after subsection (j) the following:
    ``(k) Improvement of Treatment Methods for Aquatic Invasive 
Species.--
            ``(1) Criteria to evaluate environmental soundness of 
        treatment methods.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the National Aquatic Invasive 
                Species Act of 2005, the Administrator, in consultation 
                and cooperation with the Secretary, the Invasive 
                Species Council, and the Task Force (including any 
                regional panels of the Task Force) shall promulgate 
                criteria to evaluate the treatment methods described in 
                subparagraph (B) for the purpose of ensuring that the 
                treatment methods pose no significant threat of adverse 
                effect on human health, public safety, or the 
                environment (including air quality and the aquatic 
                environment) that is acute, chronic, cumulative, or 
                collective.
                    ``(B) Treatment methods.--The treatment methods 
                referred to in subparagraph (A) are all mechanical, 
                physical, chemical, biological, and other treatment 
                methods used in bodies of water of the United States 
                (regardless of whether the bodies of water are 
                navigable and regardless of the origin of the waters), 
                to prevent, treat, or respond to the introduction of 
                aquatic invasive species.
                    ``(C) Consultation.--In carrying out subparagraph 
                (A), the Administrator shall consult with--
                            ``(i) the Secretary of Transportation;
                            ``(ii) the Task Force (including the 
                        regional panels of the Task Force established 
                        under section 1203);
                            ``(iii) the Director;
                            ``(iv) the Assistant Secretary;
                            ``(v) the Director of the National Marine 
                        Fisheries Service; and
                            ``(vi) relevant State agencies.
            ``(2) Publication of information on environmentally sound 
        treatment methods.--The Administrator, in consultation with the 
        Invasive Species Council, shall publish (not later than 1 year 
        after the date of enactment of the National Aquatic Invasive 
        Species Act of 2005) and update annually--
                    ``(A) a list of environmentally sound treatment 
                methods that may apply to a potential aquatic invasive 
                species response effort;
                    ``(B) accompanying research that supports the 
                environmental soundness of each approved treatment 
                method; and
                    ``(C) explicit guidelines under which each 
                treatment method can be used in an environmentally 
                sound manner.
            ``(3) Reports.--The Invasive Species Council and Task Force 
        shall include the information described in paragraph (2) in the 
        reports submitted under section 1201(f)(2)(B).''.

SEC. 305. INFORMATION, EDUCATION, AND OUTREACH.

    Section 1202(h) of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4722(h)) is amended--
            (1) by striking ``(h) Education.--The Task Force'' and 
        inserting the following:
    ``(h) Information, Education, and Outreach.--
            ``(1) In general.--The Task Force''; and
            (2) by adding at the end the following:
            ``(2) Activities.--
                    ``(A) In general.--The programs carried out under 
                paragraph (1) shall include the activities described in 
                this paragraph.
                    ``(B) Public outreach.--
                            ``(i) Public warnings.--Not later than 180 
                        days after the date of enactment of the 
                        National Aquatic Invasive Species Act of 2005, 
                        each Federal officer of an agency that provides 
                        Federal funds to States for building or 
                        maintaining public access points to United 
                        States water bodies shall amend the guidelines 
                        of the agency, in consultation with relevant 
                        State agencies, to encourage the posting of 
                        regionally specific public warnings or other 
                        suitable informational and educational 
                        materials at the access points regarding--
                                    ``(I) the danger of spread of 
                                aquatic invasive species through the 
                                transport of recreational watercraft; 
                                and
                                    ``(II) methods for removing 
                                organisms prior to transporting a 
                                watercraft.
                            ``(ii) Cleaning of watercraft at marinas.--
                        Not later than 1 year after the date of 
                        enactment of the National Aquatic Invasive 
                        Species Act of 2005, the Under Secretary and 
                        the Director (in cooperation with the Task 
                        Force and in consultation with the States, 
                        relevant industry groups, and Indian tribes) 
                        shall develop an education, outreach, and 
                        training program directed toward marinas and 
                        marina operators regarding--
                                    ``(I) checking watercraft for live 
                                organisms;
                                    ``(II) removing live organisms from 
                                the watercraft before the watercraft 
                                are commercially or recreationally 
                                trailered;
                                    ``(III) encouraging regular hull 
                                cleaning and maintenance, avoiding in-
                                water hull cleaning; and
                                    ``(IV) other activities, as 
                                identified by the Secretary.
                            ``(iii) Proper disposal of nonindigenous 
                        live aquatic organisms in trade.--The Task 
                        Force shall--
                                    ``(I) not later than 1 year after 
                                the date of enactment of the National 
                                Aquatic Invasive Species Act of 2005, 
                                develop (in consultation with industry 
                                and other affected parties) issue 
                                guidelines for proper disposal of live 
                                nonindigenous aquatic organisms in 
                                trade; and
                                    ``(II) use the guidelines in 
                                appropriate public information and 
                                outreach efforts.
                    ``(C) 100th meridian program.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the National 
                        Aquatic Invasive Species Act of 2005, the Task 
                        Force shall expand the information and 
                        education program directed at recreational 
                        boaters in States from which watercraft are 
                        transported westward across the 100th meridian.
                            ``(ii) Activities.--In carrying out the 
                        program, the task force shall--
                                    ``(I) survey owners of watercraft 
                                transported westward across the 100th 
                                meridian to determine the States of 
                                origin of most such owners;
                                    ``(II) provide information directly 
                                to watercraft owners concerning the 
                                importance of cleaning watercraft 
                                carrying live organisms before 
                                transporting the watercraft; and
                                    ``(III) support education and 
                                information programs of the States of 
                                origin to ensure that the State 
                                programs address westward spread.
                    ``(D) Information and education program by national 
                park service.--The Secretary of the Interior, acting 
                through the Director of the National Park Service, 
                shall develop a program to provide public outreach and 
                other educational activities to prevent the spread of 
                aquatic invasive species by recreational watercraft in 
                parkland or through events sponsored by the National 
                Park Service.
            ``(3) Outreach to industry.--The Task Force, in conjunction 
        with the Invasive Species Council, shall carry out activities 
        to inform and promote voluntary cooperation and regulatory 
        compliance by members of the national and international 
        maritime, horticultural, aquarium, aquaculture, and pet trade 
        industries with screening, monitoring, and control of the 
        transportation of aquatic invasive species.
            ``(4) Public access to monitoring information.--The Task 
        Force, 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--COORDINATION

SEC. 401. PROGRAM COORDINATION.

    (a) Membership of Task Force.--Section 1201(b) of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is 
amended--
            (1) in paragraph (6) by striking ``and'' at the end;
            (2) by redesignating paragraph (7) as paragraph (12); and
            (3) by inserting after paragraph (6) the following:
            ``(7) the Director of the United States Geological Survey;
            ``(8) the Director of the Smithsonian Environmental 
        Research Center;
            ``(9) the Secretary of State;
            ``(10) the Secretary of Transportation;
            ``(11) the Secretary of Homeland Security; and''.
    (b) Coordination With Invasive Species Council.--Section 1201(f) of 
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 
(16 U.S.C. 4721(f)) is amended--
            (1) by striking ``Each Task Force member'' and inserting 
        the following:
            ``(1) In general.--Each member of the Task Force''; and
            (2) by adding at the end the following:
            ``(2) Invasive species council.--The Invasive Species 
        Council shall--
                    ``(A) coordinate and cooperate with the Task Force 
                in carrying out the duties of the Invasive Species 
                Council relating to aquatic invasive species;
                    ``(B) not later than 2 years after the date of 
                enactment of the National Aquatic Invasive Species Act 
                of 2005, and every 3 years thereafter, submit to 
                Congress a report that summarizes the status of the 
                conduct of activities authorized by and required under 
                this Act; and
                    ``(C) establish any regional panels or task forces 
                in coordination with the regional panels of the Task 
                Force convened under section 1203.''.
    (c) Coordination With Other Programs.--Section 1202(c) of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4722(c)) is amended by adding at the end the following:
            ``(3) Recommendations for lists.--
                    ``(A) In general.--The Task Force shall annually 
                recommend to Federal agencies of jurisdiction such 
                additions of aquatic invasive species as the Task Force 
                determines to be appropriate for inclusion on--
                            ``(i) any list of species of wildlife under 
                        the Lacey Act Amendments of 1981 (16 U.S.C. 
                        3371 et seq.) (including regulations under such 
                        Act); 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 Interregional 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.--An interstate organization that has a Federal 
charter authorized by law, interstate agreement, or Executive order for 
purposes of fisheries or natural resource management may receive funds 
under this Act to implement activities authorized under this Act.''.
    (e) 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) by inserting before the semicolon 
        at the end the following: ``, including, in accordance with 
        guidelines issued by the Task Force under paragraph (5)''--
                    (A) rapid response contingency strategies under 
                section 1211;
                    (B) early detection strategies under section 
                1211(a)(2)(D);
                    (C) aquatic plant control programs pursuant to 
                other law; and
                    (D) screening of planned introductions pursuant to 
                section 1105;
            (2) in paragraph (2)(D) by inserting ``include'' after 
        ``(D)''; and
            (3) by adding at the end the following:
            ``(5) Guidelines.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the National Aquatic Invasive 
                Species Act of 2005, the Task Force shall publish in 
                the Federal Register guidelines for the development of 
                plans under this subsection, including guidelines for 
                reporting progress in implementing the plans, to 
                encourage consistency in implementation of and 
                reporting under those plans.
                    ``(B) Guidelines.--The guidelines published under 
                subparagraph (A) shall include, for the purpose of 
                paragraph (2)(A), guidelines concerning--
                            ``(i) rapid response contingency strategies 
                        under section 1211;
                            ``(ii) early detection and monitoring 
                        strategies under section 1211(a)(2)(D);
                            ``(iii) aquatic plant control programs;
                            ``(iv) screening of planned introductions 
                        pursuant to and consistent with 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) Review and revision.--
                    ``(A) In general.--Each State shall periodically 
                review and, as necessary and subject to subparagraph 
                (B), revise the management plan of the State in 
                accordance with guidelines of the Task Force under 
                paragraph (5).
                    ``(B) Update of existing plans.--A State plan 
                approved under the section before the date of the 
                enactment of the National Aquatic Species Act of 2005 
                shall be revised by the State under guidelines issued 
                by the Director to conform to the guidelines published 
                under paragraph (5), but shall be treated as a plan 
                approved under this subsection for purposes of grants 
                under this section.
            ``(8) Other state management plans.--In addition to the 
        management plans required under this subsection, the Director 
        shall encourage each State to develop and implement new, and 
        expand existing, State management plans to improve State 
        actions to prevent and control aquatic invasive species.''.
    (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. 402. INTERNATIONAL COORDINATION.

    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, 
coordinate activities to ensure that international efforts to prevent 
and manage aquatic invasive species (including through the 
International Maritime Organization, the International Convention on 
the Exploration of the Sea, the Global Invasive Species Program, and 
other appropriate programs) are coordinated with policies of the United 
States established by this Act.
    ``(b) Coordination With Neighboring Countries.--
            ``(1) In general.--The Task Force, in consultation with the 
        Secretary of State, shall include in the report required by 
        section 1202(m) a description of the means by which 
        international agreements and regulations with countries that 
        share a border with the United States will be implemented and 
        enforced by Federal agencies (including a clarification of the 
        roles and responsibilities of those agencies).
            ``(2) Negotiations.--As soon as practicable after the date 
        of enactment of the National Aquatic Invasive Species Act of 
        2005, the Secretary of State may enter into negotiations with--
                    ``(A) Canada to issue a request that the 
                International Joint Commission, by 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 
                        related 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 V--AUTHORIZATION OF APPROPRIATIONS

SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--Except as otherwise provided in this section, 
there are authorized to be appropriated such sums as are necessary to 
carry out this Act for each of fiscal years 2006 through 2010.
    ``(b) Task Force and Aquatic Nuisance Species Program.--There are 
authorized to be appropriated for each of fiscal years 2006 through 
2010--
            ``(1) $8,000,000, to carry out activities of the Task Force 
        under section 1202, of which--
                    ``(A) $4,000,000 shall be used by the Director;
                    ``(B) $3,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(C) $1,000,000 shall be used by the Invasive 
                Species Council;
            ``(2) $30,000,000, to provide grants under section 1204(b);
            ``(3) $3,000,000, to provide assistance to the regional 
        panels of the Task Force; and
            ``(4) $1,000,000, to be used by the Director to carry out 
        section 1105(g).
    ``(c) International Coordination.--There is authorized to be 
appropriated to the Department of State to carry out section 1403 
$1,000,000 for each of fiscal years 2006 through 2010.
    ``(d) Prevention of Introduction by Vessels of Aquatic Invasive 
Species Into Waters of the United States.--There are authorized to be 
appropriated for each of fiscal years 2006 through 2010--
            ``(1) $6,000,000, to be used by the Secretary to carry out 
        section 1101;
            ``(2) $2,500,000, to be used by the Administrator to carry 
        out section 1101; and
            ``(3) $2,750,000, to be used by the Task Force to carry out 
        section 1101, of which--
                    ``(A) $1,500,000 shall be used by the Director; and
                    ``(B) $1,250,000 shall be used by the National 
                Oceanic and Atmospheric Administration.
    ``(e) Prevention of the Introduction by Nonvessel Pathways of 
Aquatic Invasive Species Into Waters of the United States.--There are 
authorized to be appropriated for each of fiscal years 2006 through 
2010--
            ``(1) $5,000,000, to carry out the priority pathway 
        management program under section 1210, of which--
                    ``(A) $2,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $3,000,000 shall be used by the Director;
            ``(2) $1,000,000, to be used by the Invasive Species 
        Council to establish screening guidelines under section 
        1105(b); and
            ``(3) $3,500,000, to be used by the Director to promulgate 
        and implement screening requirements under section 1105(g).
    ``(f) Early Detection and Monitoring.--There is authorized to be 
appropriated, to carry out early detection, monitoring, and survey 
planning and implementation under section 1106, $2,000,000 for each of 
fiscal years 2006 and 2007 and $10,000,000 for each of fiscal years 
2008 through 2010, of which--
            ``(1) for each of fiscal years 2006 and 2007--
                    ``(A) $1,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $1,000,000 shall be used by the Director; and
            ``(2) for each of fiscal years 2008 through 2010--
                    ``(A) $5,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $5,000,000 shall be used by the Director.
    ``(g) Containment and Control.--
            ``(1) Dispersal barriers.--There are authorized to be 
        appropriated for each of fiscal years 2006 through 2010--
                    ``(A) $300,000, to be used by the Assistant 
                Secretary in carrying out operation and maintenance of 
                the Chicago River Canal Dispersal Barrier under section 
                1202(j)(1);
                    ``(B) $1,800,000, to be used by the Assistant 
                Secretary in carrying out the complete construction of 
                the Chicago River Canal Dispersal Barrier;
                    ``(C) $8,000,000, to be used by the Assistant 
                Secretary for the construction of a second long-service 
                life barrier for the Chicago River Canal;
                    ``(D) $500,000, to be used by the Assistant 
                Secretary to carry out a feasibility study for the 
                construction described in subparagraph (C); and
                    ``(E) $2,150,000, to be used by the Director to 
                carry out the monitoring program under section 
                1202(j)(2).
            ``(2) Rapid response.--There are authorized to be 
        appropriated for each of fiscal years 2006 through 2010--
                    ``(A) $25,000,000, to the 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 2006 through 
        2009.
    ``(h) Information, Education, and Outreach.--There are authorized 
to be appropriated for each of fiscal years 2006 through 2010--
            ``(1) $500,000, to be used by the Secretary of the Interior 
        to carry out the information and education program under 
        section 1202(h)(2)(D);
            ``(2) $750,000, to be used by the Director in carrying out 
        the 100th meridian program under section 1202(h)(2)(C);
            ``(3) $2,000,000, to be used to carry out informational and 
        educational activities of the Task Force under section 1202(h), 
        of which--
                    ``(A) $1,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $1,000,000 shall be used by the Director; and
            ``(4) $500,000, to be used by the National Oceanic and 
        Atmospheric Administration to carry out section 
        1202(h)(2)(B)(ii).''.

                    TITLE VI--CONFORMING AMENDMENTS

SEC. 601. CONFORMING AMENDMENTS.

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

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

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

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

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

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

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

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

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