[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 770 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 770

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2005

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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

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

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

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

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

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

Sec. 701 Conforming amendments.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) aquatic invasive species are second only to habitat 
        destruction as a cause of permanent losses in biological 
        diversity of aquatic ecosystems of the United States;
            (2) aquatic invasive species continue to be introduced into 
        waters of the United States at an unacceptable rate;
            (3) aquatic invasive species damage infrastructure, disrupt 
        commerce, out compete native species, reduce biodiversity, and 
        threaten human health;
            (4) the direct and indirect costs of aquatic invasive 
        species to the economy of the United States amount to billions 
        of dollars per year;
            (5) in the Great Lakes region, approximately $3,000,000,000 
        has been spent in the past 10 years to mitigate the damage 
        caused by a single invasive species, the zebra mussel;
            (6) wetlands suffer compound impacts from--
                    (A) aquatic infestations (such as Hydrilla); and
                    (B) riparian infestations (such as Purple 
                Loosestrife);
            (7) prevention of aquatic invasive species is the most 
        environmentally sound and cost-effective management approach 
        because once established, aquatic invasive species are costly, 
        and sometimes impossible to control;
            (8) to be effective, the prevention, early detection, and 
        control of and rapid response to aquatic invasive species 
        should be coordinated regionally, nationally, and 
        internationally;
            (9) pathway management is the most promising approach to 
        reducing unplanned introductions of aquatic invasive species;
            (10) consistent national screening criteria are needed to 
        evaluate the potential risk of nonindigenous aquatic species;
            (11) States and regions have--
                    (A) unique vulnerabilities with respect to aquatic 
                invasive species; and
                    (B) unique means for addressing aquatic invasive 
                species;
            (12) to accurately identify and manage high risk pathways, 
        it is essential to carry out a comprehensive research program 
        that--
                    (A) monitors pathways and ecosystems to detect the 
                establishment and spread of invasive species;
                    (B) develops and demonstrates effective methods for 
                the management and control of invasive species; and
                    (C) monitors the success of efforts to prevent and 
                control invasive species; and
            (13) it is in the interest of the United States to--
                    (A) carry out a comprehensive and thorough program 
                to research, prevent, manage, and control the 
                introduction of aquatic species that may become 
                invasive; and
                    (B) to the maximum extent practicable, coordinate 
                the program described in subparagraph (A) with 
                neighboring nations and other programs being carried 
                out globally.

SEC. 3. DEFINITIONS.

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

``SEC. 1003. DEFINITIONS.

    ``In this Act:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Aquatic ecosystems.--The term `aquatic ecosystems' 
        means freshwater, marine, and estuarine environments (including 
        inland waters and wetlands), located wholly in the United 
        States.
            ``(3) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary of the Army for Civil Works.
            ``(4) Ballast water.--The term `ballast water' means any 
        water (with its suspended matter) used to maintain the trim and 
        stability of a vessel.
            ``(5) Best performing treatment technology.--The term `best 
        performing treatment technology' means the ballast water 
        treatment technology that is, as determined by the Secretary--
                    ``(A) the most biologically effective;
                    ``(B) the most environmentally sound; and
                    ``(C) suitable, available, and economically 
                practicable.
            ``(6) Coastal voyage.--The term `coastal voyage' means a 
        voyage conducted entirely within the exclusive economic zone.
            ``(7) Director.--The term `Director' means the Director of 
        the United States Fish and Wildlife Service.
            ``(8) Environmentally sound.--The term `environmentally 
        sound', refers to an activity that prevents or reduces 
        introductions, or controls infestations, of aquatic invasive 
        species in a manner that minimizes adverse effects on--
                    ``(A) the structure and function of an ecosystem; 
                and
                    ``(B) nontarget organisms and ecosystems.
            ``(9) Exclusive economic zone.--The term `exclusive 
        economic zone' means the area comprised of--
                    ``(A) the Exclusive Economic Zone of the United 
                States established by Proclamation Number 5030, dated 
                March 10, 1983; and
                    ``(B) the equivalent zones of Canada and Mexico.
            ``(10) Existing vessel.--The term `existing vessel' means 
        any vessel that enters service on or before December 31, 2007.
            ``(11) Great lakes.--The term `Great Lakes' means--
                    ``(A) Lake Erie;
                    ``(B) Lake Huron (including Lake Saint Clair);
                    ``(C) Lake Michigan;
                    ``(D) Lake Ontario;
                    ``(E) Lake Superior;
                    ``(F) the connecting channels of those Lakes, 
                including--
                            ``(i) the Saint Mary's River;
                            ``(ii) the Saint Clair River;
                            ``(iii) the Detroit River;
                            ``(iv) the Niagara River; and
                            ``(v) the Saint Lawrence River to the 
                        Canadian border; and
                    ``(G) any other body of water located within the 
                drainage basin of a Lake, River, or connecting channel 
                described in any of subparagraphs (A) through (F).
            ``(12) Great lakes region.--The term `Great Lakes region' 
        means the region comprised of the States of Illinois, Indiana, 
        Michigan, Minnesota, New York, Ohio, Pennsylvania, and 
        Wisconsin.
            ``(13) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(14) Interbasin waterway.--The term `interbasin waterway' 
        means a waterway that connects 2 distinct water basins.
            ``(15) International joint commission.--The term 
        `International Joint Commission' means the commission 
        established by article VII of the Treaty relating to boundary 
        waters and questions arising along the boundary between the 
        United States and Canada, signed at Washington on January 11, 
        1909 (36 Stat. 2448; TS 548).
            ``(16) Introduction.--The term `introduction' means the 
        transfer of an organism to an ecosystem outside the historic 
        range of the species of which the organism is a member.
            ``(17) Invasion.--The term `invasion' means an infestation 
        of an aquatic invasive species.
            ``(18) Invasive species.--The term `invasive species' means 
        a nonindigenous species the introduction of which into an 
        ecosystem may cause harm to the economy, environment, human 
        health, recreation, or public welfare.
            ``(19) Invasive species council.--The term `Invasive 
        Species Council' means the interagency council established by 
        section 3 of Executive Order No. 13112 (42 U.S.C. 4321 note).
            ``(20) New vessel.--The term `new vessel' means any vessel 
        that enters service on or after January 1, 2008.
            ``(21) Nonindigenous species.--The term `nonindigenous 
        species' means any species in an ecosystem the range of which 
        exceeds the historic range of the species in that ecosystem.
            ``(22) Organism transfer.--The term `organism transfer' 
        means the movement of an organism of any species from 1 
        ecosystem to another ecosystem outside the historic range of 
        the species.
            ``(23) Pathway.--The term `pathway' means 1 or more vectors 
        by which an invasive species is transferred from 1 ecosystem to 
        another.
            ``(24) Planned importation.--The term `planned importation' 
        means the purposeful movement of 1 or more nonindigenous 
        organisms for use in the territorial limits of the United 
        States.
            ``(25) Regional panel.--The term `regional panel' means a 
        panel convened in accordance with section 1203.
            ``(26) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
            ``(27) Species.--The term `species' means any fundamental 
        category of taxonomic classification, or any viable biological 
        material, ranking below a genus or subgenus.
            ``(28) Species in trade.--The term `species in trade' means 
        a species that has a documented history of being commercially 
        imported into the United States in the period beginning on 
        January 1, 1990, and ending on January 1, 2002.
            ``(29) Task force.--The term `Task Force' means the Aquatic 
        Nuisance Species Task Force established by section 1201(a).
            ``(30) Territorial sea.--The term `territorial sea' means 
        the belt of the sea measured from the baseline of the United 
        States determined in accordance with international law, as set 
        forth in Presidential Proclamation Number 5928, dated December 
        27, 1988.
            ``(31) Treatment.--The term `treatment' means a mechanical, 
        physical, chemical, biological, or other process or method of 
        killing, removing, or rendering inviable organisms.
            ``(32) Type approval.--The term `type approval' means an 
        approval procedure under which a type of system is initially 
        certified as meeting a standard established by law (including a 
        regulation) for a particular application if the system is 
        operated correctly.
            ``(33) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Oceans and Atmosphere.
            ``(34) Undesirable impact.--The term `undesirable impact' 
        means economic, human health, aesthetic, or environmental 
        degradation that is not necessary for, and is not clearly 
        outweighed by, public health, environmental, or welfare 
        benefits.
            ``(35) Waters of the united states.--
                    ``(A) In general.--The term `waters of the United 
                States' means the navigable waters and territorial sea 
                of the United States.
                    ``(B) Inclusion.--The term `waters of the United 
                States' includes the Great Lakes.''.

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

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

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

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

    ``(a) Requirements for Vessels Operating in Waters of the United 
States.--
            ``(1) Invasive species management plan.--
                    ``(A) In general.--Effective beginning on the date 
                that is 180 days after the issuance of guidelines 
                pursuant to subparagraph (D) and promulgation of any 
                regulations under this section, each vessel that is 
                equipped with a ballast tank, and any towed vessel or 
                structure, operating in waters of the United States 
                shall have in effect, and have available for 
                inspection, an aquatic invasive species management plan 
                that prescribes safe and effective means by which the 
                master of the vessel shall minimize introductions and 
                transfers of invasive species by any part of the 
                vessel, pursuant to the guidelines or regulations 
                applicable to that vessel.
                    ``(B) Specificity.--The management plan shall be 
                specific to the vessel (or group of vessels with 
                characteristics similar to that of the vessel, as 
                determined by the Secretary).
                    ``(C) Requirements.--The management plan shall 
                include, at a minimum, such information as is requested 
                by the Secretary pursuant to subparagraph (D), 
                including--
                            ``(i) operational requirements to safely 
                        and effectively comply with the applicable 
                        ballast water management requirements under 
                        paragraph (4);
                            ``(ii) operational requirements to safely 
                        and effectively carry out any actions 
                        consistent with a rapid response contingency 
                        strategy required by States and approved by the 
                        Secretary under section 1211;
                            ``(iii) at the discretion of the Secretary, 
                        other operational requirements that are 
                        specified in guidelines adopted by the 
                        International Maritime Organization;
                            ``(iv) a description of all reporting 
                        requirements and a copy of each form necessary 
                        to meet those requirements;
                            ``(v) the position of the officer 
                        responsible for implementation of ballast water 
                        management and reporting procedures on board;
                            ``(vi) documents relevant to aquatic 
                        invasive species management equipment or 
                        procedures;
                            ``(vii) a description of the location of 
                        access points for sampling ballast or sediments 
                        pursuant to paragraph (3)(B)(vi);
                            ``(viii) a description of requirements 
                        relating to compliance with any approved rapid 
                        response strategy relevant to the voyage of the 
                        vessel;
                            ``(ix) a contingency strategy applicable 
                        under section 1211, if appropriate; and
                            ``(x) such requirements described in 
                        subsection (b) as are applicable to the vessel.
                    ``(D) Guidelines.--Not later than 18 months after 
                the date of enactment of the National Aquatic Invasive 
                Species Act of 2005, the Secretary shall issue final 
                guidelines for the development of invasive species 
                management plans, including guidelines that--
                            ``(i) identify types of vessels for which 
                        plans are required;
                            ``(ii) establish processes for updating and 
                        revising the plans; and
                            ``(iii) establish criteria for compliance 
                        with this subsection.
            ``(2) Records.--The master of a vessel shall--
                    ``(A) maintain records of all ballast operations, 
                for such period of time and including such information 
                as the Secretary may specify;
                    ``(B) permit inspection of the records by 
                representatives of the Secretary and of the State in 
                which the port is located; and
                    ``(C) transmit records to the National Ballast 
                Information Clearinghouse established under section 
                1102(f).
            ``(3) Best management practices.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of the National Aquatic Invasive 
                Species Act of 2005, the Secretary shall issue 
                guidelines on best management practices to eliminate or 
                minimize and monitor organism transfer by vessels.
                    ``(B) Practices to be included.--The best 
                management practices shall include--
                            ``(i) sediment management in transoceanic 
                        vessels;
                            ``(ii) minimization of ballast water uptake 
                        in areas in which there is a greater risk of 
                        harmful organisms entering ballast tanks (such 
                        as areas with toxic algal blooms or known 
                        outbreaks of aquatic invasive species);
                            ``(iii) avoidance of unnecessary discharge 
                        of ballast water in a port that was taken up in 
                        another port;
                            ``(iv) to the maximum extent practicable, 
                        collection and the proper disposal of debris 
                        from the cleaning of the hull;
                            ``(v) proper use of anti-fouling coating; 
                        and
                            ``(vi) provision of sample access ports in 
                        ballast piping for sampling of ballast intake 
                        and discharge.
            ``(4) Ballast water management.--
                    ``(A) In general.--Effective beginning on the date 
                that is 180 days after the Secretary promulgates 
                regulations pursuant to subsection (d), and except as 
                provided in subparagraph (B), each vessel equipped with 
                a ballast water tank that enters a United States port 
                shall comply with the regulations relating to ballast 
                water management.
                    ``(B) Exceptions.--
                            ``(i) Vessels operating entirely within 
                        exclusive economic zone.--Beginning on December 
                        31, 2011, a vessel equipped with a ballast 
                        tank, and any towed vessel or structure, that 
                        operates entirely within the exclusive economic 
                        zone shall comply with the regulations 
                        described in subsection (b)(3).
                            ``(ii) Vessels operating in enclosed 
                        aquatic ecosystems.--
                                    ``(I) In general.--Subject to 
                                subclause (II), an existing vessel 
                                equipped with a ballast tank, and any 
                                towed vessel or structure, that 
                                operates exclusively in the upper 4 
                                Great Lakes (Lake Superior, Lake 
                                Michigan, Lake Huron, and Lake Erie, 
                                and the connecting channels), or in 
                                another enclosed aquatic ecosystem 
                                shall not be required to comply with 
                                the regulations described in subsection 
                                (b)(1).
                                    ``(II) Additional enclosed aquatic 
                                ecosystems.--The Administrator and the 
                                Under Secretary, in consultation with 
                                regional panels of the Task Force, may 
                                determine additional enclosed aquatic 
                                ecosystems in which the potential for 
                                movement of organisms by natural and 
                                anthropogenic means is not 
                                significantly altered by the movement 
                                of the vessels equipped with ballast 
                                tanks.
    ``(b) Invasive Species Management Regulations and Certification 
Procedures.--
            ``(1) Regulations.--Not later than 18 months after the date 
        of enactment of the National Aquatic Invasive Species Act of 
        2005, the Secretary, with the concurrence of the Administrator 
        and in consultation with the Task Force, shall promulgate final 
        regulations establishing performance requirements for vessels 
        to reduce or eliminate introduction by the vessels of invasive 
        species to waters of the United States, including--
                    ``(A) ballast water management operations 
                (including relevant contingency procedures in instances 
                in which a safety exemption is used pursuant to 
                subsection (j)); and
                    ``(B) management of other vessel pathways, 
                including the hull and sea chest of a vessel.
            ``(2) Ballast water exchange.--The regulations promulgated 
        pursuant to paragraph (1)--
                    ``(A) shall apply only to existing vessels;
                    ``(B) shall expire not later than December 31, 
                2011; and
                    ``(C) shall include--
                            ``(i) a provision for ballast water 
                        exchange that requires--
                                    ``(I) at least 1 empty-and-refill 
                                cycle, on the high sea or in an 
                                alternative exchange area designated by 
                                the Secretary, of each ballast tank 
                                that contains ballast water to be 
                                discharged into waters of the United 
                                States; or
                                    ``(II) for a case in which the 
                                master of a vessel determines that 
                                compliance with the requirement under 
                                subclause (I) is impracticable, a 
                                sufficient number of flow-through 
                                exchanges of ballast water, on the high 
                                sea or in an alternative exchange area 
                                designated by the Secretary, to achieve 
                                replacement of at least 95 percent of 
                                ballast water in ballast tanks of the 
                                vessel, as determined by a 
                                certification dye study conducted or 
                                model developed in accordance with 
                                protocols developed under paragraph 
                                (5)(B) and recorded in the management 
                                plan of a vessel pursuant to subsection 
                                (a)(1)(C)(i); and
                            ``(ii) if a ballast water exchange is not 
                        undertaken pursuant to subsection (j), a 
                        contingency procedure that requires the master 
                        of a vessel to use the best practicable 
                        technology or practice to treat ballast 
                        discharge.
            ``(3) Ballast water treatment.--
                    ``(A) In general.--The regulations promulgated 
                pursuant to paragraph (1) shall--
                            ``(i) establish a numeric ballast water 
                        discharge standard at a level that ensures that 
                        there is no measurable risk that any viable 
                        organisms of nonindigenous species entrained in 
                        ballast water that meets the standard will be 
                        established in waters of the United States; and
                            ``(ii) require that a vessel discharge 
                        ballast water the characteristics of which are 
                        consistent with clause (i), unless no 
                        technology exists to enable a vessel to 
                        discharge such ballast water.
                    ``(B) Best performing treatment.--If no technology 
                exists to enable a vessel to discharge ballast water in 
                accordance with the discharge standard established 
                under subparagraph (A)(i), the regulations promulgated 
                pursuant to paragraph (1) shall require the vessel to 
                discharge ballast water that--
                            ``(i) has been treated with the best 
                        performing treatment technology; and
                            ``(ii)(I) for existing vessels, has a 
                        concentration of viable biological material 
                        that contains 99 percent fewer near-coastal 
                        plankton than the concentration of viable 
                        biological material of the intake water of the 
                        vessel, as estimated under the certification 
                        process described in paragraph (5)(C); or
                            ``(II) for new vessels, has a concentration 
                        of viable biological material that contains 
                        99.9 percent fewer near-coastal plankton than 
                        the concentration of viable biological material 
                        of the intake water of the vessel, as estimated 
                        under the certification process described in 
                        paragraph (5)(C).
            ``(4) Review and revision.--The Secretary, with the 
        concurrence of the Administrator, shall review and revise--
                    ``(A) not less frequently than every 3 years, any 
                determination relating to best performing treatment 
                technology under paragraph (3)(B)(i); and
                    ``(B) not less frequently than every 6 years, the 
                regulations promulgated pursuant to paragraph (1).
            ``(5) Certification of treatments and practices.--
                    ``(A) In general.--Not later than the date on which 
                regulations are promulgated pursuant to paragraphs (2) 
                and (3), the Secretary shall, with the concurrence of 
                the Administrator, promulgate regulations for--
                            ``(i) the certification of treatments or 
                        practices the performances of which comply with 
                        the regulations; and
                            ``(ii) on-going enforcement of the 
                        effective use of the certified treatments or 
                        practices.
                    ``(B) Certification of ballast water exchange 
                procedures.--The certification of ballast water 
                exchange procedures in compliance with the regulations 
                promulgated pursuant to paragraph (2) shall be based on 
                a qualified type-approval process, including a protocol 
                involving dye studies or models detailing flow dynamics 
                of a vessel or class of vessels described in paragraph 
                (2)(A)(ii) for demonstrating the number of flow-through 
                exchanges necessary for such a vessel to meet the 
                percentage purge requirements associated with the flow-
                through technique for ballast water exchange.
                    ``(C) Certification of all other ballast water 
                discharge.--The certification of treatments in 
                compliance with the regulations promulgated pursuant to 
                paragraph (1)(B) shall be based on a qualified type-
                approval process that--
                            ``(i) is capable of estimating the extent 
                        to which ballast water discharge treated by a 
                        ballast water treatment system is likely to 
                        comply with applicable standards, including any 
                        restrictions relating to--
                                    ``(I) biological, chemical, or 
                                physical conditions of water taken into 
                                ballast; and
                                    ``(II) conditions encountered 
                                during a voyage;
                            ``(ii) is capable of determining the extent 
                        to which a ballast water treatment method--
                                    ``(I) is environmentally sound, 
                                based on criteria promulgated by the 
                                Administrator under paragraph (8)(A); 
                                and
                                    ``(II) is safe for vessel and crew;
                            ``(iii) may be used in estimating the 
                        expected useful life of the ballast water 
                        treatment system, as determined on the basis of 
                        voyage patterns and normal use conditions;
                            ``(iv) includes a ship-boarding testing 
                        component (and may include a shore-based 
                        testing component);
                            ``(v) provides for appropriate monitoring, 
                        as determined by the Administrator;
                            ``(vi) provides for revocation by the 
                        Administrator of approval pending the results 
                        of the monitoring; and
                            ``(vii) is cost-effective.
                    ``(D) Expiration of ballast water exchange 
                option.--On the date of expiration of the ballast water 
                exchange option under paragraph (2), the certification 
                process shall apply to all methods of ballast water 
                management, treatment, and system design.
                    ``(E) Review and revision.--Not less frequently 
                than every 3 years, the Secretary, in conjunction with 
                the Administrator, shall review and, if necessary, 
                revise the certification process pursuant to subsection 
                (e)(1).
                    ``(F) Application for approval.--
                            ``(i) In general.--The Secretary and the 
                        Administrator shall approve an application for 
                        certification of a ballast water treatment 
                        system only if the application is in such form 
                        and contains such information as the Secretary 
                        and Administrator may require.
                            ``(ii) Approval and disapproval.--
                                    ``(I) In general.--On receipt of an 
                                application under clause (i)--
                                            ``(aa) the Administrator 
                                        shall, not later than 90 days 
                                        after the date of receipt of 
                                        the application--

                                                    ``(AA) review the 
                                                application for 
                                                compliance and 
                                                consistency with 
                                                environmental soundness 
                                                criteria promulgated 
                                                under paragraph (8)(A); 
                                                and

                                                    ``(BB) approve 
                                                those ballast water 
                                                treatment systems that 
                                                meet those criteria; 
                                                and

                                            ``(bb) the Secretary, in 
                                        consultation with the Task 
                                        Force, shall, not later than 
                                        180 days after the date of 
                                        receipt of the application--

                                                    ``(AA) determine 
                                                whether the ballast 
                                                water treatment system 
                                                covered by the 
                                                application meets the 
                                                requirements of this 
                                                subsection, as 
                                                appropriate;

                                                    ``(BB) approve or 
                                                disapprove the 
                                                application; and

                                                    ``(CC) provide the 
                                                applicant written 
                                                notice of approval or 
                                                disapproval.

                                    ``(II) Limitations.--An application 
                                approved under subclause (I) shall--
                                            ``(aa) be qualified with 
                                        any limitations relating to 
                                        voyage pattern, duration, or 
                                        any other characteristic that 
                                        may affect the effectiveness or 
                                        environmental soundness of the 
                                        ballast water treatment system 
                                        covered by the application, as 
                                        determined by the Secretary in 
                                        consultation with the 
                                        Administrator;
                                            ``(bb) be applicable to a 
                                        specific vessel or group of 
                                        vessels, as determined by the 
                                        Secretary;
                                            ``(cc) be valid for the 
                                        least of--

                                                    ``(AA) the expected 
                                                useful life of the 
                                                ballast water treatment 
                                                system;

                                                    ``(BB) 10 years; or

                                                    ``(CC) such period 
                                                of time for which the 
                                                Secretary or 
                                                Administrator (as 
                                                appropriate) determines 
                                                that (based on 
                                                available information, 
                                                including information 
                                                developed pursuant to 
                                                paragraph (6)(B)(iii)) 
                                                there exists a serious 
                                                deficiency in 
                                                performance or 
                                                environmental soundness 
                                                of the system relative 
                                                to anticipated 
                                                performance or 
                                                environmental 
                                                soundness; and

                                            ``(dd) be renewed if--

                                                    ``(AA) the 
                                                Secretary determines 
                                                that the ballast water 
                                                treatment system 
                                                remains in compliance 
                                                with applicable 
                                                standards as of the 
                                                date of application for 
                                                renewal; or

                                                    ``(BB) the 
                                                remaining useful life 
                                                of the vessel is less 
                                                than 10 years.

            ``(6) Experimental approval for ballast water treatment.--
                    ``(A) In general.--The owner or operator of a 
                vessel may submit to the Secretary an application to 
                test or evaluate a promising ballast water treatment 
                technology that--
                            ``(i) has the potential to achieve the 
                        standard set forth under subsection (b)(3)(A); 
                        and
                            ``(ii) is likely to achieve a minimum 
                        performance that is the same as or more 
                        stringent than the best available performance 
                        that applies to a vessel under subsection 
                        (b)(3)(B).
                    ``(B) Approval.--The Secretary shall approve an 
                application under subparagraph (A) if--
                            ``(i) the Secretary and the Administrator, 
                        in consultation with the Task Force (including 
                        relevant regional panels, and the Prevention 
                        Committee, of the Task Force), determine that 
                        the treatment technologies meet the 
                        requirements in paragraph (3)(B)(ii); and
                            ``(ii) the Administrator determines, based 
                        on independent and peer-reviewed information 
                        provided to the Secretary by the owner or 
                        operator of the vessel or other applicable 
                        parties, that the treatment technologies--
                                    ``(I) comply with environmental 
                                requirements (including regulations); 
                                and
                                    ``(II) have the potential to meet 
                                environmental soundness criteria 
                                established under paragraph (8)(A)(i).
                    ``(C) Waiver.--If the Secretary approves an 
                application under subparagraph (B), the Secretary and 
                the Administrator may waive the requirements under 
                subsection (a)(4)(A) with respect to the vessel that is 
                subject to the application approved.
                    ``(D) Limitations.--
                            ``(i) Period of testing.--Testing of the 
                        treatment system approved under this section 
                        may cease prior to the termination of the 
                        approval period described in clause (ii).
                            ``(ii) Period of approval.--Approval 
                        granted under subparagraph (B) shall be for the 
                        least of--
                                    ``(I) the expected useful life of 
                                the ballast water treatment system;
                                    ``(II) a period of 10 years; or
                                    ``(III) a period ending on the date 
                                that the Secretary and Administrator 
                                (as appropriate) determines that there 
                                exists a serious deficiency in 
                                performance or human safety or 
                                environmental soundness of the system 
                                relative to anticipated performance or 
                                environmental soundness.
                            ``(iii) Information.--As a condition of 
                        receiving experimental approval for a treatment 
                        under subparagraph (B), the owner or operator 
                        of a vessel shall agree to collect and report 
                        such information regarding the operational and 
                        biological effectiveness of the treatment 
                        through sampling of the intake and discharge 
                        ballast as the Secretary may request.
                            ``(iv) Renewal.--An experimental approval 
                        may be renewed in accordance with paragraph 
                        (5)(F)(ii).
            ``(7) Incentives for use of treatment systems.--
                    ``(A) In general.--The Secretary, the Secretary of 
                Transportation, and the Administrator shall assist 
                owners or operators of vessels that seek to obtain 
                experimental approval for installation of ballast water 
                treatment systems, including through providing guidance 
                on--
                            ``(i) a sampling protocol and test program 
                        for cost effective treatment evaluation;
                            ``(ii) sources of sampling equipment and 
                        field biological expertise; and
                            ``(iii) examples of shipboard evaluation 
                        studies.
                    ``(B) Selection of technologies and practices.--In 
                selecting technologies and practices for shipboard 
                demonstration under section 1104(b), the Secretary of 
                the Interior and the Secretary of Commerce shall give 
                priority consideration to technologies and practices 
                that have received or are in the process of receiving 
                certification under paragraph (5).
                    ``(C) Annual summaries.--The Secretary shall 
                annually summarize, and make available to interested 
                parties, all available information on the performance 
                of technologies proposed for ballast treatment to 
                facilitate the application process for experimental 
                approval for ballast water treatment under paragraph 
                (6).
            ``(8) Environmental soundness criteria for ballast 
        treatments.--
                    ``(A) In general.--The Administrator shall include 
                in criteria promulgated under section 1202(k)(1)(A) 
                specific criteria--
                            ``(i) to ensure environmental soundness of 
                        ballast treatment systems; and
                            ``(ii) to grant environmental soundness 
                        exceptions under subparagraph (B).
                    ``(B) Exceptions.--
                            ``(i) In general.--In reviewing 
                        applications under paragraph (5)(F)(ii)(I)(aa) 
                        in an emergency situation to achieve reductions 
                        in significant and acute risk of transfers of 
                        invasive species by vessels, the Secretary and 
                        the Administrator may jointly determine to make 
                        an exception to criteria described in 
                        subparagraph (A)(i).
                            ``(ii) Qualification of approvals.--To be 
                        eligible for an exception under clause (i), an 
                        approval under paragraph (5)(F)(ii)(I)(aa) 
                        shall be qualified under paragraph 
                        (5)(F)(ii)(II).
    ``(c) Great Lakes Program.--
            ``(1) Regulations.--Until such time as regulations are 
        promulgated to implement the amendments made by the National 
        Aquatic Invasive Species Act of 2005, regulations promulgated 
        to carry out this Act shall remain in effect until revised or 
        replaced pursuant to the National Aquatic Invasive Species Act 
        of 2005.
            ``(2) Relationship to other programs.--On implementation of 
        a national mandatory ballast management program that is at 
        least as comprehensive as the Great Lakes program (as 
        determined by the Secretary, in consultation with the Governors 
        of Great Lakes States)--
                    ``(A) the program regulating vessels and ballast 
                water in Great Lakes under this section shall 
                terminate; and
                    ``(B) the national program shall apply to such 
                vessels and ballast water.
            ``(3) Review and revision.--
                    ``(A) In general.--Not later than the date that is 
                18 months after the date of enactment of the National 
                Aquatic Invasive Species Act of 2005, the Secretary 
                shall--
                            ``(i) review and revise regulations 
                        promulgated under this section to ensure the 
                        regulations provide the maximum practicable 
                        protection of the Great Lakes ecosystem from 
                        introduction by vessels (including vessels in 
                        the unballasted condition) of aquatic invasive 
                        species; and
                            ``(ii) promulgate the revised regulations.
                    ``(B) Contents.--The revised regulations shall 
                include, at a minimum, requirements under subsections 
                (a) and (b) (as amended by that Act).
    ``(d) Authority of the Secretary.--
            ``(1) In general.--In carrying out this section, the 
        Secretary shall, with the concurrence of the Administrator, 
        promulgate regulations in accordance with subsection (b).
            ``(2) Program components.--
                    ``(A) In general.--In carrying out paragraph (1), 
                the Secretary shall promulgate a separate set of 
                regulations for--
                            ``(i) ships that enter the Great Lakes 
                        after operating outside the exclusive economic 
                        zone; and
                            ``(ii) ships that enter United States ports 
                        after operating outside the exclusive economic 
                        zone, excluding United States ports on the 
                        Great Lakes.
                    ``(B) Duration.--Regulations promulgated under 
                subparagraph (A)(i) shall remain in effect until the 
                Great Lakes program is terminated pursuant to 
                subsection (c).
            ``(3) Requirements.--The regulations promulgated under 
        paragraph (1) shall--
                    ``(A) protect the safety of--
                            ``(i) each vessel; and
                            ``(ii) the crew and passengers of each 
                        vessel;
                    ``(B) provide for sampling of ballast intake and 
                discharge flows through ballast piping to monitor for 
                compliance with the regulations;
                    ``(C) take into consideration--
                            ``(i) vessel types;
                            ``(ii) variations in the ecological 
                        conditions of waters and coastal areas of the 
                        United States; and
                            ``(iii) different operating conditions;
                    ``(D) be based on the best scientific information 
                available;
                    ``(E) not affect or supersede any requirements or 
                prohibitions pertaining to the discharge of ballast 
                water into waters of the United States under the 
                Federal Water Pollution Control Act (33 U.S.C. 1251 et 
                seq.); and
                    ``(F) include a list of the best performing 
                treatment technologies that is reviewed and updated 
                under subsection (b)(4)(A).
            ``(4) Education and technical assistance programs.--The 
        Secretary may carry out education and technical assistance 
        programs and other measures to promote compliance with the 
        regulations promulgated under this subsection.
    ``(e) Periodic Review and Revision of Regulations.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2005, 
        and not less often than every 3 years thereafter, the Secretary 
        shall (with the concurrence of the Administrator, based on 
        recommendations of the Task Force, and information collected 
        and analyzed under this title and in accordance with criteria 
        developed by the Task Force under paragraph (3))--
                    ``(A) assess the compliance by vessels with 
                regulations promulgated under this section;
                    ``(B) assess the effectiveness of the regulations 
                referred to in subparagraph (A) in reducing the 
                introduction and spread of aquatic invasive species by 
                vessels; and
                    ``(C) as necessary, on the basis of the best 
                scientific information available--
                            ``(i) revise the regulations referred to in 
                        subparagraph (A); and
                            ``(ii) promulgate additional regulations.
            ``(2) Special review and revision.--Not later than 90 days 
        after the date on which the Task Force makes a request to the 
        Secretary for a special review and revision of the Program, the 
        Secretary shall (with the concurrence of the Administrator)--
                    ``(A) conduct a special review of regulations in 
                accordance with paragraph (1); and
                    ``(B) as necessary, in the same manner as provided 
                under paragraph (1)(C)--
                            ``(i) revise those guidelines; or
                            ``(ii) promulgate additional regulations.
            ``(3) Criteria for effectiveness.--Not later than 1 year 
        after the date of enactment of the National Aquatic Invasive 
        Species Act of 2005, and every 3 years thereafter, the Task 
        Force shall submit to the Secretary criteria for determining 
        the adequacy and effectiveness of all regulations promulgated 
        under this section.
    ``(f) Sanctions.--
            ``(1) Civil penalties.--
                    ``(A) In general.--Any person that violates a 
                regulation promulgated under this section shall be 
                liable for a civil penalty in an amount not to exceed 
                $50,000.
                    ``(B) Separate violations.--Each day of a 
                continuing violation constitutes a separate violation.
                    ``(C) Liability of vessels.--A vessel operated in 
                violation of a regulation promulgated under this Act 
                shall be liable in rem for any civil penalty assessed 
                under this subsection for that violation.
            ``(2) Criminal penalties.--Any person that knowingly 
        violates the regulations promulgated under subsection (b) is 
        guilty of a class C felony.
            ``(3) Revocation of clearance.--On request of the 
        Secretary, the Secretary of the Treasury shall withhold or 
        revoke the clearance of a vessel required by section 4197 of 
        the Revised Statutes (46 U.S.C. App. 91), if the owner or 
        operator of that vessel is in violation of the regulations 
        promulgated under subsection (b).
            ``(4) Exception to sanctions.--This subsection does not 
        apply to a failure to exchange ballast water if--
                    ``(A) the master of a vessel, acting in good faith, 
                decides that the exchange of ballast water will 
                threaten the safety or stability of the vessel or the 
                crew or passengers of the vessel; and
                    ``(B) the vessel complies with--
                            ``(i) recordkeeping requirements of this 
                        Act;
                            ``(ii) contingency requirements of section 
                        1211; and
                            ``(iii) reporting requirements of this Act.
    ``(g) Coordination With Other Agencies.--The Secretary is 
encouraged to use (with consent) the expertise, facilities, members, or 
personnel of, appropriate Federal and State agencies and organizations 
that have routine contact with vessels, as determined by the Secretary.
    ``(h) Consultation With Canada, Mexico, and Other Foreign 
Governments.--In developing the guidelines issued and regulations 
promulgated under this section, the Secretary is encouraged to consult 
with the Government of Canada, the Government of Mexico, and any other 
government of a foreign country that the Secretary, in consultation 
with the Task Force, determines to be necessary to develop and 
implement an effective international program for preventing the 
unintentional introduction and spread of nonindigenous species.
    ``(i) International Cooperation.--The Secretary, in cooperation 
with the International Maritime Organization of the United Nations and 
the Commission on Environmental Cooperation established pursuant to the 
North American Free Trade Agreement, is encouraged to enter into 
negotiations with the governments of foreign countries to develop and 
implement an effective international program for preventing the 
unintentional introduction and spread of nonindigenous species.
    ``(j) Safety Exemption.--
            ``(1) Master discretion.--The Master of a vessel is not 
        required to conduct a ballast water exchange if the Master 
        determines that the exchange would threaten the safety or 
        stability of the vessel, or the crew or passengers of the 
        vessel, because of adverse weather, vessel architectural 
        design, equipment failure, or any other extraordinary 
        conditions.
            ``(2) Other requirements.--A vessel that does not exchange 
        ballast water on the high seas under paragraph (1) shall not 
        discharge ballast water in any harbor, except in accordance 
        with a contingency strategy approved by the Secretary (and 
        included in the invasive species management plan of the vessel) 
        to reduce the risk of organism transfer by the discharge (using 
        the best practicable technology and practices pursuant to 
        regulations promulgated under subsection (b)(1)).
    ``(k) Non-discrimination.--The Secretary shall ensure that vessels 
registered outside of the United States do not receive more favorable 
treatment than vessels registered in the United States in any case in 
which the Secretary performs studies, reviews compliance, determines 
effectiveness, establishes requirements, or performs any other 
responsibilities under this Act.
    ``(l) Effect on Other Law.--Nothing in this section or any 
regulation promulgated under this section supersedes or otherwise 
affects any requirement or prohibition relating to the discharge of 
ballast water under the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.).''.
    (b) Conforming Amendments.--
            (1) Section 1102(c)(1) of the Nonindigenous Aquatic 
        Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
        4712(c)(1)) is amended by striking ``issued under section 
        1101(b)'' and inserting ``promulgated under section 1101(e)''.
            (2) Section 1102(f)(1)(B) of the Nonindigenous Aquatic 
        Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
        4712(f)(1)(B)) is amended by striking ``guidelines issued 
        pursuant to section 1101(c)'' and inserting ``regulations 
        promulgated under section 1101(e)''.

SEC. 102. ARMED SERVICES WHOLE VESSEL MANAGEMENT PROGRAM.

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

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

            and
            (2) in subsection (a)--
                    (A) by striking ``Subject to'' and inserting the 
                following:
            ``(1) Ballast water.--Subject to''; and
                    (B) by adding at the end the following:
            ``(2) Towed vessel management program.--
                    ``(A) In general.--Subject to operational 
                conditions, the Secretary of Defense, in consultation 
                with the Secretary, the Task Force, and the 
                International Maritime Organization, shall implement a 
                towed vessel management program for Department of 
                Defense vessels to minimize the risk of introductions 
                of aquatic invasive species through hull and associated 
                hull aperture transfers by towed vessels.
                    ``(B) Current ballast program.--Except as provided 
                in subparagraph (A), this Act does not affect the 
                ballast program for Department of Defense vessels in 
                effect on the date of enactment of the National Aquatic 
                Invasive Species Act of 2005.
            ``(3) Reports.--Not later than 3 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2005, 
        and every 3 years thereafter, the Secretary of Defense shall 
        submit to Congress a report that includes a summary and 
        analysis of the program carried out under this section.''.

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

SEC. 201. PRIORITY PATHWAY MANAGEMENT PROGRAM.

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

``SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM.

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

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

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

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

    ``(a) In General.--Not later than 3 years after the date of 
enactment of the National Aquatic Invasive Species Act of 2005, no live 
aquatic organism of a species not in trade shall be imported into the 
United States without screening and approval in accordance with 
subsections (c) and (d).
    ``(b) Guidelines.--
            ``(1) In general.--Not later than 30 months after the date 
        of enactment of the National Aquatic Invasive Species Act of 
        2005, in consultation with regional panels convened under 
        section 1203, States, tribes, and other stakeholders, the 
        Invasive Species Council (in conjunction with the Task Force) 
        shall promulgate guidelines for screening proposed planned 
        importations of live aquatic organisms into the United States 
        that include--
                    ``(A) guidelines for minimum information 
                requirements for determinations under subsection (c); 
                and
                    ``(B) guidelines for a simplified notification 
                procedure for any additional shipments of organisms 
                that may occur after completion of an initial screening 
                process and determination under subsection (c).
            ``(2) Purpose.--The purpose of the screening process shall 
        be to prevent the introduction or establishment of aquatic 
        invasive species (including pathogens and parasites of the 
        species) in waters of the United States and contiguous waters 
        of Canada and Mexico.
            ``(3) Factors.--In developing guidelines under this 
        subsection and reviewing and revising the guidelines under 
        subsection (j), the Invasive Species Council and the Task Force 
        shall consider--
                    ``(A) the likelihood of the spread of species by 
                human or natural means;
                    ``(B) species that may occur in association with 
                the species planned for importation including 
                pathogens, parasites, and free-living organisms;
                    ``(C) regional differences in probability of 
                invasion and associated impacts;
                    ``(D) the difficulty of controlling an established 
                population of an aquatic invasive species in the wild; 
                and
                    ``(E) the profile established under section 
                1108(b).
    ``(c) Categories.--The screening process shall--
            ``(1) require the identification, to the maximum extent 
        practicable, to the species level and, at a minimum, to the 
        genus level, of live aquatic organisms proposed for 
        importation; and
            ``(2) designate--
                    ``(A) species with high or moderate probability of 
                undesirable impacts to areas within the boundaries of 
                the United States and contiguous areas of neighboring 
                countries, to which the species is likely to be spread 
                by human or natural means; and
                    ``(B) species with respect to which there is 
                insufficient information to determine the risk category 
                based on guidelines issued pursuant to subsection 
                (b)(1)(B).
    ``(d) Evaluation.--
            ``(1) In general.--Not later than 180 days after the date 
        of promulgation of guidelines under subsection (b), in 
        consultation with regional panels convened under section 1203, 
        States, tribes, and other stakeholders, a Federal agency with 
        authority over an importation into the United States of a live 
        organism of a species not in trade and proposed for importation 
        into the United States shall screen the species in accordance 
        with guidelines promulgated under subsection (b).
            ``(2) Delegation and authority.--
                    ``(A) In general.--Subject to subparagraph (B), if 
                no agency has authority described in paragraph (1) or 
                an agency delegates the screening to the Director under 
                subsection (h), the Director shall screen the organisms 
                in accordance with subsections (a) and (b).
                    ``(B) United states fish and wildlife service.--The 
                Director may restrict or prohibit the importation of an 
                organism of a species not in trade if--
                            ``(i) no other Federal agency has authority 
                        to regulate the importation of the species in 
                        trade; and
                            ``(ii) the Director determines, based on an 
                        evaluation that is consistent with the 
                        screening requirements promulgated under 
                        subsection (g), that the species in trade has a 
                        high or moderate probability of an undesirable 
                        impact to an area within the boundaries of the 
                        United States or a contiguous area of a 
                        neighboring country, to which the species may 
                        be spread by human or natural means.
            ``(3) Multiple jurisdiction.--
                    ``(A) In general.--Subject to subparagraph (B), if 
                more than 1 agency has jurisdiction over the 
                importation of a live organism, the agencies shall 
                conduct only 1 screening process in accordance with the 
                memorandum of understanding described in subsection (f) 
                (in consultation with National Oceanic and Atmospheric 
                Administrator).
                    ``(B) Cultured aquatic organisms.--The Secretary of 
                Agriculture shall conduct screening of organisms 
                imported to be cultured.
    ``(e) Requirements.--A Federal agency of jurisdiction, or the 
Director shall--
            ``(1) restrict or prohibit the importation into the United 
        States from outside the United States of any species that is 
        described in subsection (c)(2)(A);
            ``(2) prohibit the importation of any species described in 
        subsection (c)(2)(B), unless the importation is for the sole 
        purpose of research that is conducted in accordance with 
        section 1202(f)(2); and
            ``(3) make a determination under this subsection not later 
        than 180 days after receiving a complete request for permission 
        to import a live aquatic species.
    ``(f) Memorandum of Understanding.--
            ``(1) In general.--The Director of the United States Fish 
        and Wildlife Service shall enter into a memorandum of 
        understanding with the agencies of jurisdiction regarding the 
        screening requirements of this section.
            ``(2) Contents.--The memorandum of understanding shall 
        contain, at a minimum--
                    ``(A) a description of the relationship between and 
                responsibilities of the agencies of jurisdiction, 
                including a process designating a lead agency in cases 
                in which multiple agencies may have jurisdiction over 
                the screening of an aquatic species;
                    ``(B) the process by which the Director will 
                delegate screening duties to and receive delegation 
                from other agencies of jurisdiction; and
                    ``(C) the process by which agencies of jurisdiction 
                and the Invasive Species Council will coordinate and 
                share information required for the screening of 
                species.
    ``(g) Screening Requirements.--The Director shall promulgate 
screening requirements consistent with the guidelines promulgated under 
subsection (b) to evaluate any planned live aquatic species importation 
(including an importation carried out by a Federal agency) from outside 
the borders of the United States into waters of the United States that 
is--
            ``(1) not otherwise subject to Federal authority to permit 
        the importation; or
            ``(2) delegated to the Director by another agency of 
        jurisdiction under subsection (h).
    ``(h) Delegation to Director.--Any agency with authority over the 
planned importation of a live aquatic organism may delegate to the 
Director the screening process carried out under this section.
    ``(i) Catalog of Species in Trade.--Not later than 1 year after the 
date of enactment of the National Aquatic Invasive Species Act of 2005, 
the Director of the United States Geological Survey and the Director of 
the Smithsonian Environmental Research Center, in cooperation with 
agencies with jurisdiction over planned importations of live organisms, 
shall--
            ``(1) develop and, as necessary, update a catalog of 
        species in trade; and
            ``(2) include the list in the information provided to the 
        public pursuant to section 1102(f).
    ``(j) Review and Revision.--
            ``(1) In general.--At least once every 3 years, the 
        Council, in conjunction with the Task Force, shall use research 
        on early detection and monitoring under section 1106, among 
        other information sources, to review and revise to the 
        screening, guidelines, and process carried out under this 
        section.
            ``(2) Report.--The Invasive Species Council shall include 
        in its report to Congress required pursuant to section 
        1201(f)(2)(B)--
                    ``(A) an evaluation of the effectiveness of the 
                screening processes carried out under this section;
                    ``(B) the consistency of the application of the 
                screening process by agencies; and
                    ``(C) recommendations for revisions of the 
                processes.
    ``(k) Prohibitions.--
            ``(1) In general.--Except as otherwise provided in this 
        section, it shall be unlawful to import a live aquatic organism 
        of a species not in trade.
            ``(2) Penalties.--
                    ``(A) Civil penalty.--Any person that violates 
                paragraph (1) shall be liable for a civil penalty in an 
                amount not to exceed $50,000.
                    ``(B) Criminal penalties.--Any person that 
                knowingly violates paragraph (1) is guilty of a class C 
                felony.
    ``(l) Fees.--The head of any agency that has jurisdiction over a 
planned importation of a species subject to screening under this Act 
may increase the amount of any appropriate fee that is charged under an 
authority of law to offset the cost of any screening process carried 
out under this section.
    ``(m) Information.--A Federal agency conducting a screening process 
under this section shall make the results of the process available to 
the public (including international organizations).
    ``(n) Effect on Other Laws.--
            ``(1) In general.--Nothing in this section repeals, 
        supercedes, or modifies any provision of Federal or State law 
        relating to the screening process for aquatic species 
        importation.
            ``(2) More protective laws.--A State, the District of 
        Columbia, or a territory of the United States may adopt an 
        aquatic plant or animal importation law, regulation, or policy 
        that requires a more protective screening process for aquatic 
        species importation than the regulations and policies of this 
        section.''.

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

SEC. 301. EARLY DETECTION.

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

``SEC. 1106. EARLY DETECTION AND MONITORING.

    ``(a) In General.--Not later than 18 months after the date of 
enactment of the National Aquatic Invasive Species Act of 2005, in 
conjunction with the Council, the Task Force shall (based on the 
standard protocol for early detection surveys developed under this 
title), promulgate a set of sampling protocols, a geographic plan, and 
budget to support a national system of ecological surveys to rapidly 
detect recently-established aquatic invasive species in waters of the 
United States.
    ``(b) Contents.--The protocols, plan, and budget shall, at a 
minimum--
            ``(1) address a diversity of aquatic ecosystems of the 
        United States (including inland and coastal waters);
            ``(2) encourage State, local, port, and tribal 
        participation in monitoring;
            ``(3) balance scientific rigor with practicability, 
        timeliness, and breadth of sampling activity;
            ``(4) considers the pathways and organisms identified under 
        section 1210;
            ``(5) include a capacity to evaluate the impacts of 
        permitted importations screened by the processes established 
        under section 1105; and
            ``(6) include clear lines of communication with appropriate 
        Federal, State, and regional rapid response authorities.
    ``(c) Implementation.--Not later than 3 years after the date of 
enactment of the National Aquatic Invasive Species Act of 2005, the 
Director of the United States Geological Survey, the Administrator of 
the National Oceanic and Atmospheric Administration, and the 
Administrator (in consultation with the Invasive Species Council and in 
coordination with other agencies and organizations) shall implement a 
national system of ecological surveys that is--
            ``(1) carried out in cooperation with State, local, port, 
        tribal authorities, and other non-Federal entities (such as 
        colleges and universities); and
            ``(2) based on the protocols, plan, and budget published 
        under subsection (a) and any public comment.''.

SEC. 302. RAPID RESPONSE.

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

``SEC. 1211. RAPID RESPONSE.

    ``(a) Emergency Rapid Response Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a revolving fund to assist States in 
        implementing rapid response measures for aquatic invasive 
        species, to be known as the `Emergency Rapid Response Fund' 
        (referred to in this subsection as the `Fund'), consisting of--
                    ``(A) such amounts as are appropriated to the Fund 
                under section 1301(g)(2)(A); and
                    ``(B) any interest earned on investment of amounts 
                in the Fund under paragraph (3).
            ``(2) Expenditures from fund.--
                    ``(A) In general.--Subject to subparagraph (C), on 
                request by the Secretary of the Interior, the Secretary 
                of the Treasury shall transfer from the Fund to the 
                Secretary of the Interior such amounts as the Secretary 
                of the Interior determines are necessary to provide 
                financial assistance to a State or the Federal rapid 
                response team under subparagraph (B) to assist in 
                implementing rapid response measures for aquatic 
                invasive species.
                    ``(B) State assistance.--
                            ``(i) In general.--A State may submit to 
                        the Secretary of the Interior an application 
                        for emergency response assistance from the 
                        Fund.
                            ``(ii) Approval.--If the Secretary of the 
                        Interior approves an application submitted 
                        under clause (i), the Secretary shall use 
                        amounts provided to the Secretary under 
                        subparagraph (A)--
                                    ``(I) in a case in which a State 
                                has in effect a rapid response 
                                contingency strategy that is approved 
                                under subsection (b), to provide 
                                emergency response assistance to the 
                                State; and
                                    ``(II) in a case in which the State 
                                does not have a rapid response 
                                contingency strategy approved under 
                                subsection (b) in effect, to provide 
                                emergency response assistance to the 
                                Federal rapid response team established 
                                under subsection (f).
                            ``(iii) Additional funds.--If additional 
                        amounts are needed for the conduct of emergency 
                        response activities in the State, the Secretary 
                        of the Interior may provide additional 
                        assistance to the State or Federal rapid 
                        response team under this paragraph.
                    ``(C) Administrative expenses.--An amount not to 
                exceed 10 percent of the amounts in the Fund shall be 
                available for each fiscal year to pay the 
                administrative expenses necessary to carry out this 
                Act.
            ``(3) Investment of amounts.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest such portion of the Fund as is not, in the 
                judgment of the Secretary of the Treasury, required to 
                meet current withdrawals.
                    ``(B) Interest-bearing obligations.--Investments 
                may be made only in interest-bearing obligations of the 
                United States.
                    ``(C) Acquisition of obligations.--For the purpose 
                of investments under subparagraph (A), obligations may 
                be acquired--
                            ``(i) on original issue at the issue price; 
                        or
                            ``(ii) by purchase of outstanding 
                        obligations at the market price.
                    ``(D) Sale of obligations.--Any obligation acquired 
                by the Fund may be sold by the Secretary of the 
                Treasury at the market price.
                    ``(E) Credits to fund.--The interest on, and the 
                proceeds from the sale or redemption of, any 
                obligations held in the Fund shall be credited to and 
                form a part of the Fund.
            ``(4) Transfers of amounts.--
                    ``(A) In general.--The amounts required to be 
                transferred to the Fund under this section shall be 
                transferred at least monthly from the general fund of 
                the Treasury to the Fund on the basis of estimates made 
                by the Secretary of the Treasury.
                    ``(B) Adjustments.--Proper adjustment shall be made 
                in amounts subsequently transferred to the extent prior 
                estimates were in excess of or less than the amounts 
                required to be transferred.
    ``(b) State Rapid Response Contingency Strategies.--The Task Force, 
in consultation with the Invasive Species Council, shall approve a 
rapid response contingency strategy of a State if the strategy--
            ``(1) identifies all key governmental and nongovernmental 
        partners to be involved in carrying out the strategy;
            ``(2) clearly designates the authorities and 
        responsibilities of each partner, including the authority of 
        any State or government of an Indian tribe to distribute 
        emergency funds;
            ``(3) specifies criteria for rapid response measures, 
        including a diagnostic system that--
                    ``(A) distinguishes cases in which rapid response 
                has a likelihood of success and cases in which rapid 
                response has no likelihood of success;
                    ``(B) distinguishes rapid response measures from 
                ongoing management and control of established 
                populations of aquatic invasive species; and
                    ``(C) distinguishes instances in which the rate and 
                probability of organism dispersal is significantly 
                altered by vessel movements;
            ``(4) includes an early detection strategy that supports or 
        complements the early detection and monitoring system developed 
        under section 1108;
            ``(5) provides for a monitoring capability to assess--
                    ``(A) the extent of infestations; and
                    ``(B) the effectiveness of rapid response efforts;
            ``(6) to the maximum extent practicable, is integrated into 
        the State aquatic invasive species management plan approved 
        under section 1204;
            ``(7) to the maximum extent practicable, includes rapid 
        response tools that meet environmental criteria developed under 
        subsection (f)(4);
            ``(8) includes a public education and outreach component 
        directed at--
                    ``(A) potential pathways for spread of aquatic 
                invasive species; and
                    ``(B) persons involved in industries and 
                recreational activities associated with those pathways; 
                and
            ``(9) to the extent that the strategy involves vessels, 
        conforms with guidelines issued by the Secretary under 
        subsection (d)(2).
    ``(c) Regional Rapid Response Contingency Strategies.--The Task 
Force, with the concurrence of the Invasive Species Council and in 
consultation with the regional panels of the Task Force established 
under section 1203, shall encourage the development of regional rapid 
response contingency strategies that--
            ``(1) provide a consistent and coordinated approach to 
        rapid response; and
            ``(2) are approved by--
                    ``(A) the Secretary; and
                    ``(B) the Governors and Indian tribes having 
                jurisdiction over areas within a region.
    ``(d) Model Rapid Response Contingency Strategies.--Not later than 
18 months after the date of enactment of the National Aquatic Invasive 
Species Act of 2005--
            ``(1) the Task Force, with the concurrence of the Invasive 
        Species Council and the regional panels of the Task Force 
        established under section 1203, shall develop--
                    ``(A) a model State rapid response contingency 
                strategy (including rapid assessment capability) for 
                aquatic invasive species that meets, to the maximum 
                extent practicable, the requirements of paragraphs (1) 
                through (9) of subsection (b); and
                    ``(B) a model regional rapid response contingency 
                strategy (including rapid assessment capability) for 
                aquatic invasive species; and
            ``(2) the Secretary, in concurrence with the Task Force and 
        the regional panels of the Task Force, shall issue guidelines 
        that describe vessel-related requirements that may be used in a 
        rapid response contingency strategy approved under this 
        section.
    ``(e) Cost Sharing.--
            ``(1) State rapid response contingency strategies.--The 
        Federal share of the cost of activities carried out under a 
        State rapid response contingency strategy approved under 
        subsection (b) shall be not less than 50 percent.
            ``(2) Regional rapid response contingency strategies.--The 
        Federal share of the cost of activities carried out under a 
        regional rapid response contingency strategy approved under 
        subsection (c) shall be not less than 75 percent.
            ``(3) Form of non-federal share.--The non-Federal share 
        required under paragraph (1) or (2) may be in the form of in-
        kind contributions.
    ``(f) Federal Rapid Response Teams.--
            ``(1) Establishment of teams.--Not later than 1 year after 
        the date of enactment of the National Aquatic Invasive Species 
        Act of 2005, the Invasive Species Council, in coordination with 
        the Task Force and the heads of appropriate Federal agencies, 
        shall establish a Federal rapid response team for each of the 
        10 Federal regions that comprise the Standard Federal Regional 
        Boundary System.
            ``(2) Duties of teams.--Each Federal rapid response team 
        shall, at a minimum--
                    ``(A) implement rapid eradication or control 
                responses for newly detected aquatic invasive species 
                on Federal and tribal land;
                    ``(B) carry out, or assist in carrying out, rapid 
                responses for newly detected aquatic invasive species 
                on non-Federal land at the request of a State, Indian 
                tribe, or group of States or Indian tribes;
                    ``(C) provide training and expertise for State, 
                tribal, or regional rapid responders;
                    ``(D) provide central sources of information for 
                rapid responders;
                    ``(E) maintain a list of researchers and rapid 
                response volunteers; and
                    ``(F) in carrying out any rapid response activity 
                with respect to an aquatic noxious weed listed under 
                section 412(f) of the Plant Protection Act (7 U.S.C. 
                7712(f)), include representatives of the Animal and 
                Plant Health Inspection Service.
            ``(3) Criteria for identifying cases of rapid response 
        warranting federal assistance.--Not later than 1 year after the 
        date of enactment of the National Aquatic Invasive Species Act 
        of 2005, the Task Force, with the concurrence of the Invasive 
        Species Council, shall develop criteria to identify cases 
        warranting Federal assistance for rapid assessment and response 
        under this subsection, including indicative criteria relating 
        to, at a minimum--
                    ``(A) the extent to which infestations of aquatic 
                invasive species may be managed successfully by rapid 
                response;
                    ``(B) the extent to which rapid response efforts 
                may differ from ongoing management and control; and
                    ``(C) the extent to which infestations of 
                nonindigenous aquatic invasive species are considered 
                to be an acute or chronic threat to--
                            ``(i) biodiversity of native aquatic 
                        organisms;
                            ``(ii) habitats of native fish and 
                        wildlife; or
                            ``(iii) human health.
            ``(4) Environmental criteria.--Not later than 1 year after 
        the date of enactment of the National Aquatic Invasive Species 
        Act of 2005, the Administrator, in consultation with the 
        Invasive Species Council, the Secretary of Transportation, the 
        Task Force (including regional panels of the Task Force 
        established under section 1203), the Director, and the Director 
        of the National Marine Fisheries Service, shall develop 
        environmental criteria to minimize nontarget environmental 
        impacts of rapid responses carried out pursuant to this 
        section.''.

SEC. 303. DISPERSAL BARRIERS.

    Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4722) is amended--
            (1) by redesignating subsections (j) and (k) as subsections 
        (l) and (m), respectively; and
            (2) by inserting after subsection (i) the following:
    ``(j) National Dispersal Barrier Program.--
            ``(1) Chicago river ship and sanitary canal dispersal 
        barrier project.--
                    ``(A) Existing barrier.--The Assistant Secretary 
                shall upgrade and make permanent, at full Federal 
                expense, the existing Chicago sanitary and ship canal 
                dispersal barrier in Chicago, Illinois, constructed as 
                a demonstration project under subsection (i)(3).
                    ``(B) New barrier.--Notwithstanding the project 
                cooperation agreement with the State of Illinois dated 
                November 21, 2003, the Secretary shall construct, at 
                full Federal expense, the Chicago sanitary and ship 
                canal dispersal barrier authorized by section 1135 of 
                the Water Resources Development Act of 1986 (33 U.S.C. 
                2309a).
                    ``(C) Operation and maintenance.--The Chicago 
                sanitary and ship canal dispersal barriers described in 
                subparagraphs (A) and (B) shall be operated and 
                maintained as a system by the Corps of Engineers, at 
                full Federal expense, in such a manner as the Chief 
                Engineer determines optimizes the effectiveness of the 
                barriers.
                    ``(D) Credit.--
                            ``(i) In general.--The Assistant Secretary 
                        shall provide to each State a credit in an 
                        amount equal to the proportion that--
                                    ``(I) the amount of funds 
                                contributed by the State toward the 
                                authorized dispersal barriers described 
                                in subparagraphs (A) and (B); bears to
                                    ``(II) the amount of funds 
                                contributed by all States toward the 
                                authorized dispersal barriers described 
                                in subparagraphs (A) and (B).
                            ``(ii) Use of credit.--A State may apply a 
                        credit received under clause (i) to any 
                        existing or future project of the Corps of 
                        Engineers in that State.
                    ``(E) Feasibility study of chicago river ship and 
                sanitary canal.--
                            ``(i) In general.--Not later than 3 years 
                        after the date of enactment of the National 
                        Aquatic Invasive Species Act of 2005, the 
                        Assistant Secretary, in consultation with 
                        appropriate Federal, State, local, and non-
                        governmental entities, shall conduct a 
                        feasibility study of the full range of options 
                        available to prevent the spread of aquatic 
                        invasive species through the Chicago River Ship 
                        and Sanitary Canal dispersal barrier.
                            ``(ii) Matters to be studied.--The study 
                        shall--
                                    ``(I) provide recommendations 
                                concerning additional measures and 
                                long-term measures necessary to improve 
                                the performance of the Chicago River 
                                Ship and Sanitary Canal dispersal 
                                barrier; and
                                    ``(II) examine methods and measures 
                                necessary to achieve, to the maximum 
                                extent practicable--
                                            ``(aa) 100 percent efficacy 
                                        of the barrier with respect to 
                                        aquatic invasive species of 
                                        fish; and
                                            ``(bb) maximum efficacy of 
                                        the barrier with respect to 
                                        other taxa of aquatic invasive 
                                        species.
                    ``(F) Reimbursement.--The State of Illinois shall 
                be reimbursed for all State funds expended on the 
                planning, design, construction, and operation and 
                maintenance of the project identified, along with any 
                subsequent modifications, in the report entitled 
                `Aquatic Nuisance Species Dispersal Barrier II', dated 
                December 2002, issued under section 1135 of the Water 
                Resources Development Act of 1986 (33 U.S.C. 2294 note; 
                100 Stat. 4251).
            ``(2) Monitoring program.--
                    ``(A) Establishment.--Not later than 1 year after 
                the date of enactment of the National Aquatic Invasive 
                Species Act of 2005, the Secretary of the Interior 
                shall establish an interbasin and intrabasin monitoring 
                program.
                    ``(B) Required elements.--The monitoring program 
                shall--
                            ``(i) track aquatic invasive species moving 
                        through--
                                    ``(I) the Chicago River Ship and 
                                Sanitary Canal;
                                    ``(II) the Lake Champlain Canal;
                                    ``(III) other interbasin waterways; 
                                and
                                    ``(IV) major river systems (such as 
                                the Mississippi River), as recommended 
                                by regional panels convened under 
                                section 1203, in which interbasin 
                                transfers of aquatic invasive species 
                                have been shown to pose a significant 
                                threat to fish and wildlife resources;
                            ``(ii) assess the efficacy of dispersal 
                        barriers and other measures in preventing the 
                        spread of aquatic invasive species through the 
                        waterways; and
                            ``(iii) identify waterways suitable for 
                        dispersal barrier demonstration projects, in 
                        addition to the waterways at which dispersal 
                        barrier demonstration projects were carried out 
                        before the date of enactment of the National 
                        Aquatic Invasive Species Act of 2005.
                    ``(C) Reports.--The Secretary of the Interior shall 
                issue biennial reports describing the findings of the 
                monitoring program.
            ``(3) Prevention and mitigation plans for corps projects.--
        In developing projects involving interbasin waterways or other 
        hydrologic alterations that could create pathways for aquatic 
        invasive species, the Assistant Secretary shall develop 
        adequate prevention and mitigation plans for controlling the 
        dispersal of the aquatic invasive species.
            ``(4) Technical assistance.--The Administrator of the 
        National Oceanic and Atmospheric Administration, acting through 
        the Great Lakes Environmental Research Laboratory, shall 
        provide technical assistance to appropriate entities to assist 
        in the research conducted under this subsection.
            ``(5) Additional waterways.--The Assistant Secretary, with 
        the concurrence of the Administrator, and other relevant 
        Federal agencies, shall--
                    ``(A) identify additional waterways suitable for 
                the construction of new dispersal barriers (based on 
                the monitoring program established under paragraph 
                (2));
                    ``(B) determine the feasibility of a dispersal 
                barrier project at the Lake Champlain Canal and in the 
                Upper Mississippi River and, if feasible, establish a 
                plan for a dispersal barrier at the Lake Champlain 
                Canal and in the Upper Mississippi River; and
                    ``(C) construct, maintain, and operate such 
                dispersal barriers as necessary.
            ``(6) Reports.--Not later than 3 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2005, 
        the Assistant Secretary and the Director shall jointly submit 
        to Congress a report that describes--
                    ``(A) the efficacy of the Chicago River Ship and 
                Sanitary Canal dispersal barrier project; and
                    ``(B) a plan to provide for additional dispersal 
                barrier demonstration projects and related research 
                projects.''.

SEC. 304. ENVIRONMENTAL SOUNDNESS.

    Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4722) (as amended by section 303) is 
amended by inserting after subsection (j) the following:
    ``(k) Improvement of Treatment Methods for Aquatic Invasive 
Species.--
            ``(1) Criteria to evaluate environmental soundness of 
        treatment methods.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the National Aquatic Invasive 
                Species Act of 2005, the Administrator, in consultation 
                with the Secretary, the Invasive Species Council, and 
                the Task Force (including any regional panels of the 
                Task Force) shall promulgate criteria to evaluate the 
                treatment methods described in subparagraph (B) for the 
                purpose of ensuring that the treatment methods pose no 
                significant threat of adverse effect on human health, 
                public safety, or the environment (including air 
                quality and the aquatic environment) that is acute, 
                chronic, cumulative, or collective.
                    ``(B) Treatment methods.--The treatment methods 
                referred to in subparagraph (A) are all mechanical, 
                physical, chemical, biological, and other treatment 
                methods used in bodies of water of the United States 
                (regardless of whether the bodies of water are 
                navigable and regardless of the origin of the waters), 
                to prevent, treat, or respond to the introduction of 
                aquatic invasive species.
                    ``(C) Consultation.--In carrying out subparagraph 
                (A), the Administrator shall consult with--
                            ``(i) the Secretary of Transportation;
                            ``(ii) the Task Force (including the 
                        regional panels of the Task Force established 
                        under section 1203);
                            ``(iii) the Director;
                            ``(iv) the Assistant Secretary;
                            ``(v) the Director of the National Marine 
                        Fisheries Service; and
                            ``(vi) relevant State agencies.
            ``(2) Publication of information on environmentally sound 
        treatment methods.--The Administrator, in consultation with the 
        Invasive Species Council, shall publish (not later than 1 year 
        after the date of enactment of the National Aquatic Invasive 
        Species Act of 2005) and update annually--
                    ``(A) a list of environmentally sound treatment 
                methods that may apply to a potential aquatic invasive 
                species response effort;
                    ``(B) accompanying research that supports the 
                environmental soundness of each approved treatment 
                method; and
                    ``(C) explicit guidelines under which each 
                treatment method can be used in an environmentally 
                sound manner.
            ``(3) Reports.--The Invasive Species Council and Task Force 
        shall include the information described in paragraph (2) in the 
        reports submitted under section 1201(f)(2)(B).''.

SEC. 305. INFORMATION, EDUCATION, AND OUTREACH.

    Section 1202(h) of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4722(h)) is amended--
            (1) by striking ``(h) education.--The Task Force'' and 
        inserting the following:
    ``(h) Information, Education, and Outreach.--
            ``(1) In general.--The Task Force''; and
            (2) by adding at the end the following:
            ``(2) Activities.--
                    ``(A) In general.--The programs carried out under 
                paragraph (1) shall include the activities described in 
                this paragraph.
                    ``(B) Public outreach.--
                            ``(i) Public warnings.--Not later than 180 
                        days after the date of enactment of the 
                        National Aquatic Invasive Species Act of 2005, 
                        each Federal officer of an agency that provides 
                        Federal funds to States for building or 
                        maintaining public access points to United 
                        States water bodies shall amend the guidelines 
                        of the agency, in consultation with relevant 
                        State agencies, to encourage the posting of 
                        regionally-specific public warnings or other 
                        suitable informational and educational 
                        materials at the access points regarding--
                                    ``(I) the danger of spread of 
                                aquatic invasive species through the 
                                transport of recreational watercraft; 
                                and
                                    ``(II) methods for removing 
                                organisms prior to transporting a 
                                watercraft.
                            ``(ii) Cleaning of watercraft at marinas.--
                        Not later than 1 year after the date of 
                        enactment of the National Aquatic Invasive 
                        Species Act of 2005, the Under Secretary and 
                        the Director (in cooperation with the Task 
                        Force and in consultation with the States, 
                        relevant industry groups, and Indian tribes) 
                        shall develop an education, outreach, and 
                        training program directed toward marinas and 
                        marina operators regarding--
                                    ``(I) checking watercraft for live 
                                organisms;
                                    ``(II) removing live organisms from 
                                the watercraft before the watercraft 
                                are commercially or recreationally 
                                trailered;
                                    ``(III) encouraging regular hull 
                                cleaning and maintenance, avoiding in-
                                water hull cleaning; and
                                    ``(IV) other activities, as 
                                identified by the Secretary.
                            ``(iii) Proper disposal of nonindigenous 
                        live aquatic organisms in trade.--The Task 
                        Force shall--
                                    ``(I) not later than 1 year after 
                                the date of enactment of the National 
                                Aquatic Invasive Species Act of 2005, 
                                develop (in consultation with industry 
                                and other affected parties) guidelines 
                                for proper disposal of live 
                                nonindigenous aquatic organisms in 
                                trade; and
                                    ``(II) use the guidelines in 
                                appropriate public information and 
                                outreach efforts.
                    ``(C) 100th meridian program.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the National 
                        Aquatic Invasive Species Act of 2005, the Task 
                        Force shall expand the information and 
                        education program directed at recreational 
                        boaters in States from which watercraft are 
                        transported westward across the 100th meridian.
                            ``(ii) Activities.--In carrying out the 
                        program, the task force shall--
                                    ``(I) survey owners of watercraft 
                                transported westward across the 100th 
                                meridian to determine the States of 
                                origin of most such owners;
                                    ``(II) provide information directly 
                                to watercraft owners concerning the 
                                importance of cleaning watercraft 
                                carrying live organisms before 
                                transporting the watercraft; and
                                    ``(III) support education and 
                                information programs of the States of 
                                origin to ensure that the State 
                                programs address westward spread.
                    ``(D) Information and education program by national 
                park service.--The Secretary of the Interior, acting 
                through the Director of the National Park Service, 
                shall develop a program to provide public outreach and 
                other educational activities to prevent the spread of 
                aquatic invasive species by recreational watercraft in 
                parkland or through events sponsored by the National 
                Park Service.
            ``(3) Outreach to industry.--The Task Force, in conjunction 
        with the Invasive Species Council, shall carry out activities 
        to inform and promote voluntary cooperation and regulatory 
        compliance by members of the national and international 
        maritime, horticultural, aquarium, aquaculture, pet trade, and 
        other appropriate industries with screening, monitoring, and 
        control of the transportation of aquatic invasive species.
            ``(4) Public access to monitoring information.--The Task 
        Force, the Invasive Species Council, and other relevant 
        agencies, shall maintain information on the Internet 
        regarding--
                    ``(A) the best approaches for the public and 
                private interests to use in assisting with national 
                early detection and monitoring of aquatic invasive 
                species in waters of the United States;
                    ``(B) contact locations for joining a national 
                network of monitoring stations;
                    ``(C) approved State Management Plans under section 
                1204(a) and Rapid Response Contingency Strategies under 
                subsections (b) and (c) of section 1211; and
                    ``(D) the list of potential invaders under section 
                1201(a)(4).''.

              TITLE IV--AQUATIC INVASIVE SPECIES RESEARCH

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

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

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

    ``(a) Definition of Administering Agencies.--
            ``(1) In general.--In this section and section 1108, the 
        term `administering agencies' means--
                    ``(A) the Smithsonian Environmental Research 
                Center;
                    ``(B) the United States Geological Survey; and
                    ``(C) the National Oceanic and Atmospheric 
                Administration (including the Great Lakes Environmental 
                Research Laboratory).
            ``(2) Memorandum of understanding.--The administering 
        agencies shall enter into an agreement regarding implementation 
        of this subtitle.
            ``(3) Consultation.--In carrying out this section, the 
        administering agencies shall consult with--
                    ``(A) the Task Force;
                    ``(B) the Environmental Protection Agency;
                    ``(C) the United States Fish and Wildlife Service; 
                and
                    ``(D) other appropriate Federal and State agencies.
            ``(4) Cooperation.--In carrying out this section, the 
        administering agencies shall contract, as appropriate, or 
        otherwise cooperate with academic researchers.
    ``(b) Program.--The administering agencies shall develop (not later 
than 18 months after the date of enactment of the National Aquatic 
Invasive Species Act of 2005) and conduct a marine and freshwater 
research program (including ecological and pathway surveys and 
experimentation) to assess rates of, patterns of, and conditions 
surrounding introductions of nonindigenous aquatic species in aquatic 
ecosystems.
    ``(c) Purpose.--The purpose of the program is to support efforts to 
prevent the introduction of, and detect and eradicate, invasive species 
by--
            ``(1) providing information for--
                    ``(A) early detection and rapid response efforts; 
                and
                    ``(B) relevant policy questions; and
            ``(2) assessing the effectiveness of implemented policies 
        (including any standard) to prevent the introduction and spread 
        of aquatic invasive species.
    ``(d) Protocol Development.--The administering agencies shall--
            ``(1) establish standardized protocols for conducting 
        surveys that are integrated and produce comparable data, and, 
        as practicable, build on existing protocols and data collection 
        methods (including surveys required under subsection (b)), 
        including--
                    ``(A) protocols to support early detection surveys 
                of nonindigenous aquatic species conducted by Federal, 
                State, or local agencies involved in the management of 
                invasive species, including surveys carried out 
                pursuant to section 1106;
                    ``(B) protocols to support comprehensive ecological 
                surveys conducted under this section for purposes of 
                research and analysis of rates and patterns of 
                invasions; and
                    ``(C) protocols to support pathway surveys;
            ``(2) recommend a standardized approach for classifying 
        species;
            ``(3) when proposing protocols, consider recommendations 
        made at the workshop conducted under subsection (h);
            ``(4) subject the protocols to peer review;
            ``(5) complete the protocols not later than 1 year after 
        the date of enactment of the National Aquatic Invasive Species 
        Act of 2005;
            ``(6) revise protocols as necessary; and
            ``(7) disseminate the protocols to the Task Force and other 
        Federal, State, and local stakeholders.
    ``(e) Ecological and Pathway Survey Requirements.--
            ``(1) In general.--Each comprehensive ecological survey 
        conducted under this section shall, at a minimum--
                    ``(A) document baseline ecological information of 
                the aquatic ecosystem, including--
                            ``(i) to the maximum extent practicable, a 
                        comprehensive inventory of native species, 
                        nonindigenous species, and species of unknown 
                        origin, present in the ecosystem; and
                            ``(ii) the chemical and physical 
                        characteristics of water and underlying 
                        substrate in the ecosystem;
                    ``(B) in the case of nonindigenous species, gather 
                information to assist in identifying--
                            ``(i) the life history of the species;
                            ``(ii) the environmental requirements and 
                        tolerances of the species;
                            ``(iii) the native ecosystems of the 
                        species; and
                            ``(iv) the history of the species spread 
                        from the native ecosystems of the species;
                    ``(C) track the establishment of nonindigenous 
                species, including information about the estimated 
                population of nonindigenous organisms to allow an 
                analysis of the probable date of introduction of the 
                species; and
                    ``(D) identify the likely pathway of entry of 
                nonindigenous species.
            ``(2) Minimum requirements.--Each pathway survey conducted 
        under this section shall, at a minimum--
                    ``(A) identify which nonindigenous aquatic species 
                are being introduced, or have the potential to be 
                introduced, through the pathways under consideration;
                    ``(B) determine the rate of organism introduction 
                through the pathways under consideration; and
                    ``(C) determine the practices that contributed to 
                or could contribute to the introduction of 
                nonindigenous aquatic species through the pathways 
                under consideration.
    ``(f) Number and Location of Survey Sites.--
            ``(1) Required sites.--The administering agencies shall 
        designate the number and location of survey sites necessary to 
        carry out marine and freshwater research required under this 
        section.
            ``(2) Emphasis.--In carrying out paragraph (1) and 
        subsection (g), the administering agencies shall give 
        particular consideration to--
                    ``(A) the geographic diversity of sites; and
                    ``(B) the diversity of human uses and biological 
                characteristics of sites.
    ``(g) Competitive Grant Program.--
            ``(1) In general.--In order to assist in carrying out 
        subsections (b) and (i), the administering agencies (acting 
        through the National Oceanic and Atmospheric Administration) 
        shall administer a program to award grants to academic 
        institutions, State agencies, and other appropriate groups.
            ``(2) Administration.--The program required under this 
        section shall be competitive, peer-reviewed, and merit-based.
    ``(h) Workshop.--Not later than 120 days after the date of 
enactment of the National Aquatic Invasive Species Act of 2005, to 
assist in the development of the protocols and design for the surveys 
under this section, the administering agencies shall--
            ``(1) convene a workshop among researchers from Federal and 
        State agencies and academic institutions to obtain 
        recommendations for the development of the protocols and 
        surveys; and
            ``(2) make the results of the workshop widely available to 
        the public.
    ``(i) Experimentation.--The administering agencies shall conduct 
(at existing field stations and such other sites as may be appropriate) 
coordinated experiments on a range of taxonomic groups to identify--
            ``(1) the relationship between the introduction and 
        establishment of nonindigenous aquatic species; and
            ``(2) the circumstances necessary for the species to 
        survive and thrive.
    ``(j) National Pathways and Ecological Surveys Database.--
            ``(1) In general.--The United States Geological Survey 
        shall develop, maintain, and update, in consultation and 
        cooperation with the Smithsonian Environmental Research Center 
        and the National Oceanic and Atmospheric Administration, a 
        central national database of information concerning information 
        collected under section 1107(b).
            ``(2) Requirement.--The United States Geological Survey 
        shall--
                    ``(A) make the database widely available to the 
                public;
                    ``(B) update the database not less often than once 
                every 90 days;
                    ``(C) coordinate the database with existing 
                databases collecting similar information; and
                    ``(D) to the maximum extent practicable, format the 
                databases in a manner such that the data is useful for 
                researchers and Federal and State employees managing 
                relevant invasive species programs.''.
    (b) Vessel Pathway Surveys.--Section 1102(b)(2)(B) of Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4712(b)(2)(B)) is amended by striking clause (ii) and inserting the 
following:
                            ``(ii) examine other potential modes for 
                        the introduction of nonindigenous aquatic 
                        species by vessel, including hull fouling.''.

SEC. 402. ANALYSIS.

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

``SEC. 1108. ANALYSIS.

    ``(a) Invasion Analysis.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2005, 
        and annually thereafter, the administering agencies shall 
        analyze data collected under section 1107 and other relevant 
        research, for the purpose of preventing the introduction of, 
        detecting, and eradicating invasive species by--
                    ``(A) providing information for early detection and 
                rapid response efforts;
                    ``(B) providing information for relevant policy 
                questions; and
                    ``(C) assessing the effectiveness of implemented 
                policies to prevent the introduction and spread of 
                invasive species.
            ``(2) Contents.--The analysis required under paragraph (1) 
        shall include, with respect to aquatic invasive species--
                    ``(A) an analysis of pathways to--
                            ``(i) identify, and characterize as
                        high-, medium-, or low-risk, regional and 
                        national pathways for the introduction of 
                        nonindigenous aquatic species into aquatic 
                        ecosystems;
                            ``(ii) identify new and expanding pathways 
                        through which nonindigenous aquatic species may 
                        be introduced into aquatic ecosystems;
                            ``(iii) identify handling practices that 
                        contribute to the introduction of species in 
                        pathways; and
                            ``(iv) assess the risk that species 
                        currently used in commerce pose for 
                        introduction into aquatic ecosystems;
                    ``(B) include patterns and rates of invasion and 
                susceptibility to invasion of various types of bodies 
                of water;
                    ``(C) consider the ways in which the risk of 
                establishment of an aquatic invasive species through a 
                pathway is related to the identity and number of 
                organisms transported;
                    ``(D) consider rates of spread and numbers and 
                types of pathways of spread of new populations of the 
                aquatic invasive species and estimate the potential for 
                the spread and distribution of newly introduced 
                invasive species based on the environmental 
                requirements and historical distribution of the 
                species;
                    ``(E) document factors that influence the 
                vulnerability of an ecosystem to invasion by a 
                nonindigenous aquatic species;
                    ``(F) include a description of the potential for, 
                and impacts of, pathway management programs on invasion 
                rates;
                    ``(G) provide recommendations for improvements on 
                the effectiveness of pathway management;
                    ``(H) to the extent practicable, determine the 
                level of reduction in live organisms of various 
                taxonomic groups required to reduce to an acceptable 
                level the risk of establishment to receiving aquatic 
                ecosystems; and
                    ``(I) evaluate the effectiveness of management 
                actions (including any standard) at reducing species 
                introductions and establishment.
            ``(3) Report.--The administering agencies shall submit to 
        the Task Force a report on analyses conducted under this 
        section.
    ``(b) Research To Assess the Potential of the Establishment of 
Introduced Species.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2005, 
        the administering agencies shall develop, conduct peer review 
        of, and submit to the Task Force a profile of the general 
        characteristics of invasive species, in order to--
                    ``(A) predict, to the extent practicable, whether a 
                species planned for importation is likely to invade a 
                particular aquatic ecosystem if introduced; and
                    ``(B) support the development of the screening 
                process authorized under section 1105.
            ``(2) Research.--In developing the profile, the 
        administering agencies shall analyze the research conducted 
        under section 1107 and other research as necessary to 
        determine--
                    ``(A) characteristics of general species and 
                ecosystems (taking into account the opportunity for 
                introduction into any ecosystem); and
                    ``(B) circumstances that may lead to establishment 
                of a nonindigenous aquatic organism.
            ``(3) Recommendations.--Based on the profile, the 
        administering agencies shall develop and submit to the Task 
        Force, for inclusion in the report to Congress developed under 
        section 1201(f)(2)(B), recommendations concerning which planned 
        importation of nonindigenous aquatic organisms warrant 
        restriction under section 1105.

``SEC. 1109. DISSEMINATION.

    ``(a) In General.--The Invasive Species Council, in coordination 
with the Task Force, and the administering agencies shall disseminate 
the information collected under this Act to Federal, State, and local 
entities (including relevant policymakers and private researchers with 
responsibility over or interest in aquatic invasive species).
    ``(b) Reports.--The Invasive Species Council shall--
            ``(1) not later than 3 years after the date of enactment of 
        the National Aquatic Invasive Species Act of 2005, submit to 
        Congress a report that describes the actions and findings 
        carried out under this Act; and
            ``(2) at least once every 3 years thereafter or more often 
        as necessary, update the report.
    ``(c) Response Strategy.--To enable Federal, State, and local 
entities having responsibility for responding to the introduction of 
potentially harmful nonindigenous aquatic species to better and more 
rapidly respond to those introductions, the Invasive Species Council, 
in coordination with the Task Force, the administering agencies, and 
other appropriate Federal and State agencies, shall implement a 
national strategy for the sharing of information collected under this 
Act with those entities.
    ``(d) Pathway Practices.--The Invasive Species Council, in 
coordination with the Task Force, and the administering agencies shall 
disseminate information to, and develop an ongoing educational program 
for, pathway users (including vendors and customers) to inform those 
users about means by which users can prevent the intentional or 
unintentional introduction of nonindigenous aquatic species into 
aquatic ecosystems.

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

    ``(a) Environmentally Sound Technology Development, Demonstration 
and Verification.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the National Aquatic Invasive Species Act of 2005, 
        the Administrator, in consultation with the Army Corps of 
        Engineers and the administering agencies, shall develop and 
        implement a grant program to fund research, development, 
        demonstration, and verification of environmentally sound cost-
        effective technologies and methods to control and eradicate 
        aquatic invasive species.
            ``(2) Purposes.--Proposals funded under this program 
        shall--
                    ``(A) provide funds to support on-going efforts of 
                Federal, State, or local officials to control and 
                eradicate aquatic invasive species in an 
                environmentally sound manner;
                    ``(B) increase the number of environmentally sound 
                technologies or methods Federal, State, or local 
                officials may use to control or eradicate aquatic 
                invasive species;
                    ``(C) provide for the demonstration or 
                dissemination of the technologies or methods to 
                potential end-users; and
                    ``(D) verify that any technology or practice meets 
                any appropriate criteria developed for effectiveness 
                and environmental soundness that are established by the 
                Administrator.
            ``(3) Preference.--In making grants under this subsection, 
        the Administrator shall give preference to proposals that meet 
        criteria developed for environmental soundness that are 
        established by the Administrator.
            ``(4) Merit review.--Grants awarded through this subsection 
        shall be awarded through a competitive, peer-reviewed process 
        and shall be merit-based.
            ``(5) Report.--Not later than 3 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2005, 
        the Administrator shall submit to Congress a report on the 
        program conducted under this subsection, including findings and 
        recommendations of the Secretary with respect to technologies 
        and methods described in paragraph (1).
    ``(b) Dispersal Barrier Research Program.--Not later than 1 year 
after the date of enactment of the National Aquatic Invasive Species 
Act of 2005, the Assistant Secretary, in conjunction with the Director 
and other appropriate Federal agencies and academic researchers, shall 
establish a research, development, and demonstration program--
            ``(1) to study environmentally sound methods and 
        technologies to reduce dispersal of aquatic invasive species 
        through interbasin waterways; and
            ``(2) to assess the potential for using those methods and 
        technologies in other waterways.''.
    (b) Expansion of Vessel Pathway Technology Demonstration Program.--
Section 1104(b) of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4712(b)) is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs 
        (7) and (8), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) Additional purposes.--The Secretary of the Interior 
        and the Secretary of Commerce may demonstrate and verify 
        technologies under this subsection to monitor and control 
        pathways of organism transport on vessels other than through 
        ballast water.
            ``(5) Priority.--In making grants under this subsection, 
        the Secretary of the Interior and the Secretary of Commerce 
        shall give priority to technologies that meet criteria 
        established in any testing protocol developed under the 
        Environmental Technology Verification program of the 
        Administrator.
            ``(6) Workshop.--The Secretary of the Interior and the 
        Secretary of Commerce shall--
                    ``(A) hold an annual workshop to encourage the 
                exchange of information between and among--
                            ``(i) principal investigators for which 
                        funds are made available under this subsection; 
                        and
                            ``(ii) researchers conducting research 
                        directly relating to vessel pathway technology 
                        development; and
                    ``(B) make the results of the proceedings widely 
                available to the public.''.

SEC. 403. VESSEL PATHWAY STANDARDS RESEARCH.

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

``SEC. 1111. VESSEL PATHWAY STANDARDS RESEARCH.

    ``(a) Research Program.--
            ``(1) In general.--The Secretary and the Administrator (in 
        coordination with the National Oceanic and Atmospheric 
        Administration, the Task Force, and other appropriate Federal 
        agencies and academic researchers) shall develop and conduct a 
        coordinated research program to support the establishment and 
        implementation of standards to prevent the introduction and 
        spread of aquatic invasive species by vessels.
            ``(2) Components.--The research program shall include 
        programs to--
                    ``(A) characterize physical, chemical, and 
                biological harbor conditions relevant to ballast 
                discharge into waters of the United States to provide 
                information for the design and implementation of vessel 
                vector control technologies and practices;
                    ``(B) develop testing protocols for determining the 
                effectiveness of vector monitoring and control 
                technologies and practices;
                    ``(C) research and demonstrate methods for 
                mitigating the spread of aquatic invasive species by 
                coastal voyages, including the exploration of the 
                effectiveness of alternative exchange zones in the near 
                coastal areas and other methods proposed to reduce the 
                transfers of organisms;
                    ``(D) verify the practical effectiveness of any 
                type approval process to ensure that the process 
                produces repeatable and accurate assessments of 
                treatment effectiveness; and
                    ``(E) evaluate the effectiveness and residual risk 
                and environmental impacts associated with any standard 
                established with respect to a ship pathway through 
                experimental research.
    ``(b) Performance Test.--Not later than 1 year after the date of 
enactment of the National Aquatic Invasive Species Act of 2005, the 
Secretary, in conjunction with the National Institute of Standards and 
Technology and the Maritime Administration, shall design a performance 
test for ballast water exchange (such as a dye study) to measure the 
effectiveness of ballast water exchange.
    ``(c) National Academy of Sciences Study.--
            ``(1) In general.--The Secretary shall enter into an 
        agreement with the National Academy of Sciences under which the 
        Academy shall--
                    ``(A) identify the relative risk of transfer of 
                various taxonomic groups of invasive species by 
                different vessel modes;
                    ``(B)(i) assess the extent to which a ballast water 
                standard that virtually eliminates the risk of 
                introduction of invasive species by ballast water may 
                relate to the risk of introductions by all vessel 
                modes; and
                    ``(ii) explain the degree of uncertainty in such an 
                assessment; and
                    ``(C)(i) recommend methods for reducing the 
                transfers of invasive species by vessels by addressing 
                all parts and systems of vessels and all related modes 
                of transport of invasive organisms; and
                    ``(ii) identify the research, development, and 
                demonstration needed to improve the information base to 
                support those methods, including economic information.
            ``(2) Report.--Not later than 2 years after the date of 
        enactment of the National Aquatic Invasive Species Act of 2005, 
        the Secretary shall submit to Congress a report that describes 
        the results of the study under paragraph (1).
            ``(3) Implementation of recommendations.--Not later than 
        the later of the date that is 1 year after the date of 
        submission of the report under paragraph (2) or the date that 
        is 3 years after the date of enactment of the National Aquatic 
        Invasive Species Act of 2005, the Task Force, in conjunction 
        with the Administrator, administering agencies, and other 
        appropriate Federal agencies, shall submit to the Secretary a 
        report that describes recommendations for--
                    ``(A) a vessel pathway treatment standard that 
                incorporates all potential modes of transfer by vessel; 
                and
                    ``(B) methods for type approval and accurate 
                monitoring of treatment performance that are simple and 
                streamlined and follow established protocols.
    ``(d) Working Group.--
            ``(1) In general.--Not later than 2 years after the date of 
        issuance by the Secretary of any standard relating to the 
        introduction by vessels of invasive species, the Secretary 
        shall convene a working group (including the Administrator, the 
        administering agencies, and other appropriate Federal and State 
        agencies and academic researchers) to evaluate the 
        effectiveness of that standard and accompanying implementation 
        protocols.
            ``(2) Duties.--The duties of the working group shall 
        include, at a minimum--
                    ``(A) reviewing the effectiveness of the standard 
                in reducing the establishment of invasive species in 
                aquatic ecosystems, taking into consideration the data 
                collected under section 1107; and
                    ``(B) submitting recommendations to the Secretary 
                (who shall make the recommendations widely available to 
                the public) for the revision of the standard and type 
                approval process in order to ensure--
                            ``(i) effectiveness in reducing 
                        introductions of invasive species; and
                            ``(ii) the effectiveness of accurate 
                        shipboard monitoring of treatment performance 
                        in a simple and streamlined manner.''.

SEC. 404. GRADUATE EDUCATION IN SYSTEMATICS AND TAXONOMY.

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

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

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

                         TITLE V--COORDINATION

SEC. 501. PROGRAM COORDINATION.

    (a) Membership of Task Force.--Section 1201(b) of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is 
amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) by redesignating paragraph (7) as paragraph (12); and
            (3) by inserting after paragraph (6) the following:
            ``(7) the Director of the United States Geological Survey;
            ``(8) the Director of the Smithsonian Environmental 
        Research Center;
            ``(9) the Secretary of State;
            ``(10) the Secretary of Transportation;
            ``(11) the Secretary of Homeland Security; and''.
    (b) Coordination With Invasive Species Council.--Section 1201(f) of 
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 
(16 U.S.C. 4721(f)) is amended--
            (1) by striking ``Each Task Force member'' and inserting 
        the following:
            ``(1) In general.--Each member of the Task Force''; and
            (2) by adding at the end the following:
            ``(2) Invasive species council.--The Invasive Species 
        Council shall--
                    ``(A) coordinate and cooperate with the Task Force 
                in carrying out the duties of the Invasive Species 
                Council relating to aquatic invasive species;
                    ``(B) not later than 2 years after the date of 
                enactment of the National Aquatic Invasive Species Act 
                of 2005, and every 3 years thereafter, submit to 
                Congress a report that summarizes the status of the 
                conduct of activities authorized by and required under 
                this Act; and
                    ``(C) establish any regional panels or task forces 
                in coordination with the regional panels of the Task 
                Force convened under section 1203.''.
    (c) Coordination With Other Programs.--Section 1202(c) of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4722(c)) is amended by adding at the end the following:
            ``(3) Recommendations for lists.--
                    ``(A) In general.--The Task Force shall annually 
                recommend to Federal agencies of jurisdiction such 
                additions of aquatic invasive species as the Task Force 
                determines to be appropriate for inclusion on--
                            ``(i) any list of species of wildlife 
                        covered by section 42 of title 18, United 
                        States Code (including regulations); or
                            ``(ii) any list of noxious weeds under the 
                        Plant Protection Act (7 U.S.C. 7701 et seq.) 
                        (including regulations promulgated under that 
                        Act contained in part 360 of title 7, Code of 
                        Federal Regulations (or any successor 
                        regulations)).
                    ``(B) Process.--The Task Force may use the 
                screening process developed pursuant to section 1105 to 
                identify species pursuant to subparagraph (A).''.
    (d) Regional Coordination.--Section 1203 of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4723) is 
amended by adding at the end the following:
    ``(d) Annual Inter-Regional Meeting.--The Task Force shall annually 
convene all regional panels established pursuant to this Act for the 
purpose of information transfer between and among panels, and between 
the panels and the Task Force, regarding aquatic invasive species 
management.
    ``(e) Organizations.--
            ``(1) In general.--An interstate organization that has a 
        Federal charter authorized by law or executive order for 
        purposes of fisheries or natural resource management may 
        develop and implement--
                    ``(A) regional aquatic invasive species management 
                plans; and
                    ``(B) rapid response activities that are--
                            ``(i) requested by the Governors of the 
                        member States of the organization; and
                            ``(ii) consistent with any relevant State 
                        aquatic invasive species management plans.
            ``(2) Funds.--The interstate organization may receive funds 
        under this Act to implement activities under the regional 
        aquatic invasive species management plan of the 
        organization.''.
    (e) State Aquatic Invasive Species Management Plans.--Section 
1204(a) of the Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4724(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by inserting before the 
                semicolon at the end the following: ``, including, in 
                accordance with guidelines issued by the Task Force 
                under paragraph (5)--
                            ``(i) rapid assessment and response 
                        contingency strategies under section 1211;
                            ``(ii) early detection strategies under 
                        section 1211(b)(4);
                            ``(iii) aquatic plant control programs 
                        conducted pursuant to other laws; and
                            ``(iv) screening of planned introductions 
                        pursuant to section 1105''; and
                    (B) in subparagraph (D), by inserting ``include'' 
                after ``(D)''; and
            (2) by adding at the end the following:
            ``(5) Guidelines.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the National Aquatic Invasive 
                Species Act of 2005, the Task Force shall amend the 
                guidelines of the Task Force for the development of 
                plans under this subsection, including guidelines for 
                reporting progress in implementing the plans, to 
                encourage consistency in implementation of and 
                reporting under those plans.
                    ``(B) Guidelines.--The guidelines published under 
                subparagraph (A) shall include, for the purpose of 
                paragraph (2)(A), guidelines concerning--
                            ``(i) rapid response contingency strategies 
                        under section 1211;
                            ``(ii) early detection strategies under 
                        section 1211(b)(4);
                            ``(iii) aquatic plant control programs 
                        conducted pursuant to other laws;
                            ``(iv) screening of planned introductions 
                        pursuant to section 1105; and
                            ``(v) the review and revision of 
                        requirements of this subsection and the 
                        reapproval process under this subsection.
            ``(6) Relationship to other plans.--
                    ``(A) In general.--A plan approved under paragraph 
                (4) shall be deemed to meet any State planning 
                requirement of the program established under section 
                104 of the River and Harbor Act of 1958 (33 U.S.C. 610) 
                for a plan to control noxious aquatic plant growths.
                    ``(B) Enforcement.--Funds provided to States for 
                implementation of plans pursuant to section 1204 may be 
                used by States to enforce requirements relating to 
                aquatic invasive species under the Plant Protection Act 
                (7 U.S.C. 7701 et seq.) (including regulations 
                promulgated under that Act contained in part 360 of 
                title 7, Code of Federal Regulations (or any successor 
                regulations)).
            ``(7) Eligibility of existing plans.--A plan approved under 
        this section as of the day immediately before the date of 
        enactment of the National Aquatic Invasive Species Act of 2005 
        shall be eligible to receive a grant awarded under this 
        section.
            ``(8) Review and revision.--
                    ``(A) In general.--Each State shall periodically 
                review and, as necessary, revise the management plan of 
                the State in accordance with guidelines of the Task 
                Force.
                    ``(B) Update of existing plans.--A plan approved 
                under this section as of the day immediately before the 
                date of enactment of the National Aquatic Invasive 
                Species Act of 2005 shall be updated after the date of 
                enactment of the National Aquatic Invasive Species Act 
                of 2005 to conform to the guidelines published under 
                paragraph (5).
            ``(9) Other state management plans.--In addition to the 
        management plans required under this subsection, the Director 
        shall encourage each State to develop and implement new, and 
        expand existing, State management plans to improve State 
        actions to prevent and control aquatic invasive species.''.
    (f) Grant Program.--Section 1204(b)(1) of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4724(b)(1)) is 
amended by striking ``subsection (a) for the implementation of those 
plans.'' and inserting the following: ``subsection (a)--
                    ``(A) to develop those plans with a total amount 
                that does not exceed 10 percent of the amounts made 
                available for grants under this section for each fiscal 
                year; and
                    ``(B) to implement those plans.''.

SEC. 502. INTERNATIONAL COORDINATION.

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

                    ``Subtitle E--Administration'';

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

``SEC. 1402. INTERNATIONAL COORDINATION.

    ``(a) In General.--The Task Force, the Invasive Species Council, 
and the Secretary of State shall, to the maximum extent practicable, 
ensure that international efforts to prevent, detect, monitor, assess, 
and control aquatic invasive species (including through the 
International Maritime Organization, the International Convention on 
the Exploration of the Sea, the Global Invasive Species Program, and 
other appropriate programs) are coordinated with policies of the United 
States established by this Act.
    ``(b) Coordination With Neighboring Countries.--
            ``(1) In general.--The Task Force, in consultation with the 
        Secretary of State, shall include in the report required by 
        section 1202(m) a description of the means by which 
        international agreements and regulations with countries that 
        share a border with the United States will be implemented and 
        enforced by Federal agencies (including a clarification of the 
        roles and responsibilities of those agencies).
            ``(2) Negotiations.--As soon as practicable after the date 
        of enactment of the National Aquatic Invasive Species Act of 
        2005, the Secretary of State may enter into negotiations with--
                    ``(A) Canada to issue a request that the 
                International Joint Commission, not later than 18 
                months after the date of enactment of that Act, review, 
                research, conduct hearings on, and submit to the 
                parties represented on the International Joint 
                Commission a report that describes the success of 
                current policies of governments in the United States 
                and Canada having jurisdiction over the Great Lakes in 
                anticipating and preventing biological invasions of the 
                aquatic ecosystem in the Great Lakes, including--
                            ``(i) an analysis of current Federal, State 
                        or Provincial, local, and international laws, 
                        enforcement practices, and agreements;
                            ``(ii) an analysis of prevention efforts 
                        relating to all likely pathways for biological 
                        invasions of the aquatic ecosystem in the Great 
                        Lakes; and
                            ``(iii) recommendations of the 
                        International Joint Commission for means by 
                        which to improve and harmonize the policies and 
                        enforcement practices referred to in clause 
                        (i); and
                    ``(B) Mexico, to ensure coordination of efforts of 
                the United States with efforts of Mexico to manage 
                invasive species established in the United States-
                Mexico border region.''.

               TITLE VI--AUTHORIZATION OF APPROPRIATIONS

SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--Except as otherwise provided in this section, 
there are authorized to be appropriated such sums as are necessary to 
carry out this Act for each of fiscal years 2006 through 2010.
    ``(b) Task Force and Aquatic Invasive Species Program.--There are 
authorized to be appropriated for each of fiscal years 2006 through 
2010--
            ``(1) $8,000,000, to carry out activities of the Task Force 
        under section 1202, of which--
                    ``(A) $4,000,000 shall be used by the Director;
                    ``(B) $3,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(C) $1,000,000 shall be used by the Invasive 
                Species Council;
            ``(2) $30,000,000, to provide grants under section 1204(b);
            ``(3) $3,000,000, to provide assistance to the regional 
        panels of the Task Force; and
            ``(4) $1,000,000, to be used by the Director to carry out 
        section 1105(g).
    ``(c) International Coordination.--There is authorized to be 
appropriated to the Department of State to carry out section 1403 
$1,000,000 for each of fiscal years 2006 through 2010.
    ``(d) Prevention of Introduction by Vessels of Aquatic Invasive 
Species Into Waters of the United States.--There are authorized to be 
appropriated for each of fiscal years 2006 through 2010--
            ``(1) $6,000,000, to be used by the Secretary to carry out 
        section 1101;
            ``(2) $2,500,000, to be used by the Administrator to carry 
        out section 1101; and
            ``(3) $2,750,000, to be used by the Task Force to carry out 
        section 1101, of which--
                    ``(A) $1,500,000 shall be used by the Director; and
                    ``(B) $1,250,000 shall be used by the National 
                Oceanic and Atmospheric Administration.
    ``(e) Prevention of the Introduction by Nonvessel Pathways of 
Aquatic Invasive Species Into Waters of the United States.--There are 
authorized to be appropriated for each of fiscal years 2006 through 
2010--
            ``(1) $5,000,000, to carry out the priority pathway 
        management program under section 1210, of which--
                    ``(A) $2,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $3,000,000 shall be used by the Director;
            ``(2) $1,000,000, to be used by the Invasive Species 
        Council to establish screening guidelines under section 
        1105(b); and
            ``(3) $3,500,000, to be used by the Director to promulgate 
        and implement screening requirements under section 1105(g).
    ``(f) Early Detection and Monitoring.--There is authorized to be 
appropriated, to carry out early detection, monitoring, and survey 
planning and implementation under section 1106, $2,000,000 for each of 
fiscal years 2006 and 2007 and $10,000,000 for each of fiscal years 
2008 through 2010, of which--
            ``(1) for each of fiscal years 2006 and 2007--
                    ``(A) $1,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $1,000,000 shall be used by the Director; and
            ``(2) for each of fiscal years 2008 through 2010--
                    ``(A) $5,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $5,000,000 shall be used by the Director.
    ``(g) Containment and Control.--
            ``(1) Dispersal barriers.--There are authorized to be 
        appropriated for each of fiscal years 2006 through 2010--
                    ``(A) $300,000, to be used by the Assistant 
                Secretary in carrying out operation and maintenance of 
                the Chicago River Canal Dispersal Barrier under section 
                1202(j)(1);
                    ``(B) $1,800,000, to be used by the Assistant 
                Secretary in carrying out the complete construction of 
                the Chicago River Canal Dispersal Barrier;
                    ``(C) $8,000,000, to be used by the Assistant 
                Secretary for the construction of a second long-service 
                life barrier for the Chicago River Canal;
                    ``(D) $500,000, to be used by the Assistant 
                Secretary to carry out a feasibility study for the 
                construction described in subparagraph (C); and
                    ``(E) $2,150,000, to be used by the Director to 
                carry out the monitoring program under section 
                1202(j)(2).
            ``(2) Rapid response.--There are authorized to be 
        appropriated for each of fiscal years 2006 through 2010--
                    ``(A) $25,000,000, to the Emergency Rapid Response 
                Fund established under section 1211(a), to remain 
                available until expended;
                    ``(B) $1,000,000, to be used by the Invasive 
                Species Council in developing the State and regional 
                rapid response contingency strategy under section 1211; 
                and
                    ``(C) $1,500,000, to be used for Federal rapid 
                response teams under section 1211(f), of which--
                            ``(i) $500,000 shall be used by the 
                        National Oceanic and Atmospheric 
                        Administration; and
                            ``(ii) $1,000,000 shall be used by the 
                        Director.
            ``(3) Environmental soundness.--There is authorized to be 
        appropriated for establishment under section 1202(k) of 
        criteria for the improvement of treatment methods for aquatic 
        invasive species $600,000 for each of fiscal years 2006 through 
        2010.
    ``(h) Information, Education and Outreach.--There are authorized to 
be appropriated for each of fiscal years 2006 through 2010--
            ``(1) $500,000, to be used by the Secretary of the Interior 
        to carry out the information and education program under 
        section 1202(h)(2)(D);
            ``(2) $750,000, to be used by the Director in carrying out 
        the 100th meridian program under section 1202(h)(2)(C);
            ``(3) $2,000,000, to be used to carry out informational and 
        educational activities of the Task Force under section 1202(h), 
        of which--
                    ``(A) $1,000,000 shall be used by the National 
                Oceanic and Atmospheric Administration; and
                    ``(B) $1,000,000 shall be used by the Director; and
            ``(4) $500,000, to be used by the National Oceanic and 
        Atmospheric Administration to carry out section 
        1202(h)(2)(B)(ii).
    ``(i) Research.--
            ``(1) Ecological and pathway research and analysis.--There 
        are authorized to be appropriated for each of fiscal years 2006 
        through 2010--
                    ``(A) $17,000,000, to be used by the National 
                Oceanic and Atmospheric Administration to carry out 
                sections 1107 and 1108, of which $13,000,000 shall be 
                used to carry out the grant program under section 
                1107(g));
                    ``(B) $4,000,000, to be used by the Smithsonian 
                Environmental Research Center to carry out sections 
                1107 and 1108;
                    ``(C) $4,500,000, to be used by the United States 
                Geological Survey to carry out sections 1107 and 1108, 
                of which $500,000 shall be used to develop, maintain, 
                and update the database required under section 
                1107(j)); and
                    ``(D) $1,650,000, to be used by the Great Lakes 
                Environmental Research Laboratory to carry out the 
                demonstration program under section 1202(i).
            ``(2) Dissemination.--There is authorized to be 
        appropriated to provide for the dissemination of information by 
        the Invasive Species Council under section 1109 $500,000 for 
        each of fiscal years 2006 through 2010.
            ``(3) Technology development, demonstration, and 
        verification.--There are authorized to be appropriated for each 
        of fiscal years 2006 through 2010--
                    ``(A) $2,500,000, to be used by the Administrator 
                for the purposes of environmental soundness screening 
                and improvement under section 1110(a);
                    ``(B) $1,000,000, to be used by the Assistant 
                Secretary to carry out the program under section 
                1110(b); and
                    ``(C) $7,500,000, to carry out vessel pathway 
                technology development under sections 1104 and 1301(e).
            ``(4) Vessel pathway standards research.--There are 
        authorized to be appropriated--
                    ``(A) for each of fiscal years 2006 through 2010, 
                $3,000,000, to be used for research in support of 
                vessels pathway standards and technology evaluation 
                under section 1111(a) of which--
                            ``(i) $1,500,000 shall be used by the 
                        Administrator; and
                            ``(ii) $2,000,000 shall be used by the 
                        Secretary of the Coast Guard;
                    ``(B) for each of fiscal years 2006 through 2008, 
                $500,000, to be used by the Coast Guard to carry out 
                the performance test required under section 1111(b); 
                and
                    ``(C) for fiscal year 2006, $500,000, to be used by 
                the Secretary of the Coast Guard to enter into an 
                agreement with the National Academy of Sciences to 
                carry out the study required under section 1111(c).
            ``(5) Research in systematics and taxonomy.--There is 
        authorized to be appropriated for the National Research 
        Foundation to provide research grants for systematics and 
        taxonomy under section 1112 $2,500,000 for each of fiscal years 
        2006 through 2010.''.

                    TITLE VII--CONFORMING AMENDMENTS

SEC. 701. CONFORMING AMENDMENTS.

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

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

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

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

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

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

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