[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 500 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 500

 To establish a collaborative program to protect the Great Lakes, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2009

  Mr. Ehlers (for himself, Mr. Dingell, Mr. Kirk, Ms. Slaughter, Mr. 
 Levin, Mr. Kildee, Mr. Rogers of Michigan, Mr. Stupak, Mr. McCotter, 
  Mr. Peters, Mr. Hoekstra, Mr. Upton, Mr. Kucinich, Ms. Sutton, Ms. 
   Moore of Wisconsin, Ms. Baldwin, Ms. Schakowsky, Ms. Kaptur, Mr. 
 Sensenbrenner, Mr. Higgins, and Mr. Conyers) introduced the following 
    bill; which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committees on Natural Resources, 
 Science and Technology, and House Administration, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To establish a collaborative program to protect the Great Lakes, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Great Lakes 
Collaboration Implementation Act''.
    (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--INVASIVE SPECIES PREVENTION

             Subtitle A--National Aquatic Invasive Species

Chapter 1--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.
 Chapter 2--Prevention of the Introduction of Aquatic Invasive Species 
                           by Other Pathways

Sec. 106. Priority pathway management program.
Sec. 107. Screening process for planned importations of live aquatic 
                            organisms.
    Chapter 3--Early Detection; Rapid Response; Control and Outreach

Sec. 111. Early detection.
Sec. 112. Rapid response.
Sec. 113. Environmental soundness.
Sec. 114. Information, education, and outreach.
                        Chapter 4--Coordination

Sec. 116. Program coordination.
Sec. 117. International coordination.
               Chapter 5--Authorization of Appropriations

Sec. 121. Authorization of appropriations.
                    Chapter 6--Conforming Amendments

Sec. 126. Conforming amendments.
             Subtitle B--Aquatic Invasive Species Research

Sec. 141. Findings.
Sec. 142. Definitions.
Sec. 143. Coordination and implementation.
Sec. 144. Ecological and pathway research.
Sec. 145. Analysis.
Sec. 146. Dissemination.
Sec. 147. Technology development, demonstration, and verification.
Sec. 148. Research to support the setting and implementation of ship 
                            pathway standards.
Sec. 149. Research in systematics and taxonomy.
Sec. 150. State programs.
                  Subtitle C--Invasive Species Council

Sec. 161. Short title.
Sec. 162. Statement of policy regarding Federal duties.
Sec. 163. National Invasive Species Council.
Sec. 164. Duties.
Sec. 165. National Invasive Species Management Plan.
Sec. 166. Invasive Species Advisory Committee.
Sec. 167. Budget crosscut.
Sec. 168. Definitions.
Sec. 169. Existing Executive Order.
Sec. 170. Authorization of appropriations.
                        TITLE II--COASTAL HEALTH

Sec. 201. Technical assistance.
Sec. 202. Sewer overflow control grants.
Sec. 203. Water pollution control revolving loan funds.
Sec. 204. Allotment of funds.
Sec. 205. Authorization of appropriations.
                      TITLE III--AREAS OF CONCERN

Sec. 301. Great Lakes.
                    TITLE IV--CLEAN WATER AUTHORITY

Sec. 401. Definition of waters of the United States.
Sec. 402. Conforming amendments.
                       TITLE V--TOXIC SUBSTANCES

Sec. 501. Mercury reduction grants.
                  TITLE VI--INDICATORS AND INFORMATION

                      Subtitle A--Research Program

Sec. 601. Research reauthorizations.
Sec. 602. Great Lakes Environmental Research Laboratory.
Sec. 603. Great Lakes Science Center.
Sec. 604. Center for sponsored coastal ocean research.
            Subtitle B--Ocean and Coastal Observation System

Sec. 611. Definitions.
Sec. 612. Integrated ocean and coastal observing system.
Sec. 613. Research, development, and education.
Sec. 614. Interagency financing.
Sec. 615. Application with Outer Continental Shelf Lands Act.
Sec. 616. Authorization of appropriations.
Sec. 617. Reporting requirement.
    Subtitle C--Great Lakes Water Quality Indicators and Monitoring

Sec. 621. Great Lakes water quality indicators and monitoring.
                   TITLE VII--SUSTAINABLE DEVELOPMENT

Sec. 701. Waterfront restoration and remediation projects.
Sec. 702. Authority of Secretary to restore and remediate waterfront 
                            and related areas.
Sec. 703. Authorization of appropriations.
                 TITLE VIII--COORDINATION AND OVERSIGHT

Sec. 801. Definitions.
Sec. 802. Great Lakes Interagency Task Force.
Sec. 803. Executive Committee.
Sec. 804. Great Lakes Regional Collaboration.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Great Lakes, with about 20 percent of the Earth's 
        fresh surface water, is a treasure of global significance, 
        supporting drinking water for millions of people, providing for 
        commerce, and providing recreation for people from across the 
        Nation and around the world;
            (2) renewed efforts and investments are critical to aid in 
        fulfilling the goals and objectives of the Great Lakes Water 
        Quality Agreement between the United States and Canada;
            (3) in a report issued in December 2005, a group of leading 
        scientists from top institutions in the Great Lakes area found 
        that--
                    (A) the Great Lakes are on the brink of an 
                ecological catastrophe;
                    (B) the primary stressors straining the health of 
                the Great Lakes are--
                            (i) toxic chemicals;
                            (ii) the overloading of human waste and 
                        urban and agricultural runoff;
                            (iii) physical changes to the shorelines 
                        and wetlands;
                            (iv) invasive plant and animal species;
                            (v) changes in water patterns; and
                            (vi) overfishing;
                    (C) the deterioration of the Great Lakes ecosystem 
                is accelerating dramatically; and
                    (D) if the pattern of deterioration is not reversed 
                immediately, the damage could be irreparable;
            (4) as a result of the stressors described in paragraph 
        (3)(B)--
                    (A) more than 1,800 beaches were closed in 2003;
                    (B) Lake Erie has developed a 6,300 square mile 
                dead zone that forms every summer;
                    (C) the zebra mussel, an aquatic invasive species, 
                causes $500,000,000 per year in economic and 
                environmental damage in the Great Lakes;
                    (D) there is no appreciable natural reproduction of 
                lake trout in the lower 4 Great Lakes; and
                    (E) wildlife habitats have been destroyed, which 
                has diminished fishing, hunting, and other outdoor 
                recreation opportunities in the Great Lakes;
            (5) because of the patchwork approach to fixing the 
        problems facing the Great Lakes, the problems have not only 
        persisted in, but have also gotten worse in some areas of, the 
        Great Lakes;
            (6) rather than dealing with 1 problem or location of the 
        Great Lakes at a time, a comprehensive restoration of the 
        system is needed to prevent the Great Lakes from collapsing;
            (7) in December 2004, work began on the Great Lakes 
        Regional Collaboration, a unique partnership that was--
                    (A) formed for the purpose of developing a 
                strategic action plan for Great Lakes restoration; and
                    (B) composed of--
                            (i) key members from the Federal 
                        Government, State and local governments, and 
                        Indian tribes; and
                            (ii) other stakeholders;
            (8) over 1,500 people throughout the Great Lakes region 
        participated in this collaborative process, with participants 
        working on 1 or more of the 8 strategy teams that focused on 
        different issues affecting the Great Lakes basin;
            (9) the recommendations of the Great Lakes Regional 
        Collaboration, which were released on December 12, 2005, 
        identify actions to address the issues affecting the Great 
        Lakes basin on the Federal, State, local, and tribal level; and
            (10) comprehensive restoration must be adaptive, and 
        ongoing efforts are needed continually to implement the 
        recommendations of the Great Lakes Regional Collaboration 
        relating to buffers, river restoration, wetlands, emerging 
        toxic pollutants, and other issues affecting the Great Lakes 
        basin.

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 ecosystem.--The term `aquatic ecosystem' 
        means a freshwater, marine, or estuarine environment (including 
        inland waters and wetlands), located wholly in the United 
        States.
            ``(3) Aquatic organism.--
                    ``(A) In general.--The term `aquatic organism' 
                means a living animal, plant, fungus, or microorganism 
                inhabiting or reproducing in an aquatic ecosystem.
                    ``(B) Inclusions.--The term `aquatic organism' 
                includes--
                            ``(i) seeds;
                            ``(ii) eggs;
                            ``(iii) spores; and
                            ``(iv) any other viable biological 
                        material.
            ``(4) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary of the Army for Civil Works.
            ``(5) Ballast water.--The term `ballast water' means any 
        water (with its suspended matter) used to maintain the trim and 
        stability of a vessel.
            ``(6) 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.
            ``(7) Coastal voyage.--The term `coastal voyage' means a 
        voyage conducted entirely within the exclusive economic zone.
            ``(8) Director.--The term `Director' means the Director of 
        the United States Fish and Wildlife Service.
            ``(9) 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.
            ``(10) 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.
            ``(11) Existing vessel.--The term `existing vessel' means 
        any vessel that enters service on or before December 31, 2011.
            ``(12) 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).
            ``(13) 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.
            ``(14) In trade.--The term `in trade', with respect to a 
        species, means a species that has a documented history of 
        repeatedly being commercially imported into the United States 
        during the period beginning on January 1, 1990, and ending on 
        January 1, 2009.
            ``(15) 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).
            ``(16) Interbasin waterway.--The term `interbasin waterway' 
        means a waterway that connects 2 distinct water basins.
            ``(17) Introduction.--The term `introduction' means the 
        transfer of an organism to an ecosystem outside the historic 
        range of the species of which the organism is a member.
            ``(18) Invasion.--The term `invasion' means an infestation 
        of an aquatic invasive species.
            ``(19) Invasive species.--The term `invasive species' means 
        a nonindigenous species the introduction of which into an 
        ecosystem may cause harm to the economy, environment, human 
        health, recreation, or public welfare.
            ``(20) National invasive species council.--The term 
        `National Invasive Species Council' means the interagency 
        council established by section 3 of Executive Order No. 13112 
        (42 U.S.C. 4321 note).
            ``(21) New vessel.--The term `new vessel' means any vessel 
        that enters service on or after January 1, 2012.
            ``(22) 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.
            ``(23) 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.
            ``(24) Pathway.--The term `pathway' means 1 or more vectors 
        by which an invasive species is transferred from 1 ecosystem to 
        another.
            ``(25) 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.
            ``(26) Regional panel.--The term `regional panel' means a 
        panel convened in accordance with section 1203.
            ``(27) Saltwater flushing.--The term `saltwater flushing' 
        means the process of--
                    ``(A) adding midocean water to a ballast water tank 
                that contains residual quantities of ballast water;
                    ``(B) mixing the midocean water with the residual 
                ballast water and sediment in the tank through the 
                motion of a ship; and
                    ``(C) discharging the mixed water so that the 
                salinity of the resulting residual ballast water in the 
                tank exceeds 30 parts per thousand.
            ``(28) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
            ``(29) Species.--The term `species' means any fundamental 
        category of taxonomic classification below the level of genus 
        or subgenus, including a species, subspecies, or any recognized 
        variety of animal, plant, fungus, or microorganism.
            ``(30) Task force.--The term `Task Force' means the Aquatic 
        Nuisance Species Task Force established by section 1201(a).
            ``(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--INVASIVE SPECIES PREVENTION

             Subtitle A--National Aquatic Invasive Species

CHAPTER 1--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.
                    ``(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--
                            ``(i) prescribe a safe and effective means 
                        to minimize introductions and transfers of 
                        invasive species; and
                            ``(ii) 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 Great Lakes Collaboration 
                Implementation Act, 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 Great Lakes Collaboration 
                Implementation Act, 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 to carry out this section, 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.--Before December 31, 
                        2013, a vessel equipped with a ballast tank, 
                        and any towed vessel or structure, that 
                        operates entirely within the exclusive economic 
                        zone shall not be required to comply with the 
                        regulations described in subsection (b)(2).
                            ``(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 Great Lakes Collaboration Implementation 
        Act, 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 (h)); 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, 
                2013; and
                    ``(C) shall include--
                            ``(i) a provision for ballast water 
                        exchange that requires--
                                    ``(I) at least 1 empty-and-refill 
                                cycle, outside the exclusive economic 
                                zone 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, outside the 
                                exclusive economic zone 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)(ii)(I); and
                            ``(ii) if a ballast water exchange is not 
                        undertaken pursuant to subsection (h), 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 require a vessel to 
                which this section applies to conduct ballast water 
                treatment in accordance with this paragraph before 
                discharging ballast water.
                    ``(B) Performance standards.--Subject to 
                subparagraph (C)(ii), the regulations shall require 
                that ballast water discharged shall--
                            ``(i) contain--
                                    ``(I) less than 1 living organism 
                                per 10 cubic meters that is 50 or more 
                                micrometers in minimum dimension;
                                    ``(II) less than 1 living organism 
                                per 10 milliliters that is--
                                            ``(aa) less than 50 
                                        micrometers in minimum 
                                        dimension; and
                                            ``(bb) more than 10 
                                        micrometers in minimum 
                                        dimension;
                                    ``(III) concentrations of indicator 
                                microbes that are less than--
                                            ``(aa)(AA) 1 colony-forming 
                                        unit of toxicogenic Vibrio 
                                        cholera (serotypes O1 and O139) 
                                        per 100 milliliters; or
                                            ``(BB) 1 colony-forming 
                                        unit of that microbe per gram 
                                        of wet weight of zoological 
                                        samples;
                                            ``(bb) 126 colony-forming 
                                        units of escherichia coli per 
                                        100 milliliters; and
                                            ``(cc) 33 colony-forming 
                                        units of intestinal enterococci 
                                        per 100 milliliters; and
                                    ``(IV) concentrations of such 
                                additional indicator microbes as may be 
                                specified in regulations promulgated by 
                                the Secretary, in consultation with the 
                                Administrator, that are less than the 
                                quantities specified in those 
                                regulations; or
                            ``(ii) comply with an alternative standard 
                        that is at least as protective as the standards 
                        under clause (i), as determined by the 
                        Secretary.
                    ``(C) Best performing treatment.--
                            ``(i) In general.--Not later than December 
                        31, 2012, the Secretary, in consultation with 
                        the Administrator, based on technology 
                        assessments implemented before July 31, 2012, 
                        shall determine whether technologies exist that 
                        provide for the achievement of the standards 
                        described in subparagraph (B).
                            ``(ii) Modification of standards.--If the 
                        Secretary, in consultation with the 
                        Administrator, determines under clause (i) that 
                        no technology exists that provides for the 
                        achievement of the standards described in 
                        subparagraph (B), the Secretary shall modify 
                        the standards to require vessels to discharge 
                        ballast water that has been treated with a 
                        treatment system that is among the best-
                        performing 25 percent of treatment systems that 
                        meet the applicable ballast discharge standard 
                        of the International Maritime Organization.
                    ``(D) Reception facility exception.--
                            ``(i) In general.--The requirements of this 
                        paragraph shall not apply to a vessel that 
                        discharges ballast water into a land-based or 
                        water-based facility for the reception of 
                        ballast water that meets each applicable 
                        standard under clause (ii).
                            ``(ii) Applicable standards.--Not later 
                        than 1 year after the date of enactment of the 
                        Great Lakes Collaboration Implementation Act, 
                        the Administrator and the Secretary shall 
                        jointly promulgate standards for--
                                    ``(I) the reception of ballast 
                                water in land-based and water-based 
                                reception facilities; and
                                    ``(II) the disposal or treatment of 
                                received ballast water in a manner that 
                                does not damage the environment, human 
                                health, property, or resources.
            ``(4) Review and revision.--The Secretary, in concurrence 
        with the Administrator, shall review and revise, not less 
        frequently than once every 3 years--
                    ``(A) any determination relating to the 
                determination under paragraph (3)(C)(i); and
                    ``(B) any modification of a standard under 
                paragraph (3)(C)(ii).
            ``(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 treatments.--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 once every 3 years, the Secretary, in conjunction 
                with the Administrator, shall review and, if necessary, 
                revise the certification process pursuant to subsection 
                (d)(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 
                        standards required under paragraph (3); and
                            ``(ii) is likely to achieve a minimum 
                        performance that is the same as or more 
                        stringent than a standard required under 
                        paragraph (3)(C)(ii), as applicable.
                    ``(B) Approval.--The Secretary shall approve an 
                application under subparagraph (A) if--
                            ``(i) the Secretary and the Administrator 
                        determine that the treatment technologies have 
                        the potential to achieve the standards required 
                        under paragraph (3); 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.--
                    ``(A) In general.--Until such time as regulations 
                are promulgated to implement the amendments made by the 
                Great Lakes Collaboration Implementation Act, 
                regulations promulgated to carry out this Act shall 
                remain in effect until revised or replaced pursuant to 
                the Great Lakes Collaboration Implementation Act.
                    ``(B) No ballast on board.--Not later than 180 days 
                after the date of enactment of the Great Lakes 
                Collaboration Implementation Act, the Secretary shall 
                promulgate regulations to minimize the discharge of 
                invasive species from ships that claim no ballast on 
                board, or that claim to be carrying only unpumpable 
                quantities of ballast, including, at a minimum, a 
                requirement that--
                            ``(i) such a ship shall conduct saltwater 
                        flushing of ballast water tanks--
                                    ``(I) outside the exclusive 
                                economic zone; or
                                    ``(II) at a designated alternative 
                                exchange site; and
                            ``(ii) before being allowed entry beyond 
                        the St. Lawrence Seaway, the master of such a 
                        ship shall certify that the ship has complied 
                        with each applicable requirement under this 
                        subsection.
                    ``(C) Early technology.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of the Great Lakes 
                        Collaboration Implementation Act, the Secretary 
                        shall promulgate regulations allowing ships 
                        entering the Great Lakes to use a ballast water 
                        treatment technology that is as effective as 
                        ballast water exchange, as determined by the 
                        Secretary.
                            ``(ii) Requirement.--The regulations under 
                        clause (i) shall include a provision that a 
                        ballast water treatment technology used for 
                        purposes of complying with the regulations 
                        shall be permitted for the shorter of--
                                    ``(I) the 10-year period beginning 
                                on the date of initial use of the 
                                technology; and
                                    ``(II) the life of the ship on 
                                which the technology is used.
                            ``(iii) Treatment equivalency to ballast 
                        water exchange.--For purposes of the 
                        regulations under clause (i), the discharge 
                        standard of the International Maritime 
                        Organization shall be considered to be as 
                        effective as ballast water exchange.
            ``(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 Great 
                Lakes Collaboration Implementation Act, 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) Periodic Review and Revision of Regulations.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of the Great Lakes Collaboration Implementation Act, 
        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 Great Lakes Collaboration 
        Implementation Act, 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.
    ``(e) 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.
    ``(f) 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.
    ``(g) 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.
    ``(h) 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)).
    ``(i) 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.
    ``(j) 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 and the Task Force, 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 Great Lakes 
                Collaboration Implementation Act.
            ``(3) Reports.--Not later than 3 years after the date of 
        enactment of the Great Lakes Collaboration Implementation Act, 
        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.''.

 CHAPTER 2--PREVENTION OF THE INTRODUCTION OF AQUATIC INVASIVE SPECIES 
                           BY OTHER PATHWAYS

SEC. 106. 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 Great Lakes Collaboration 
Implementation Act, and every 3 years thereafter, the Task Force, in 
coordination with the Invasive Species Council and in consultation with 
representatives of States, industry, and other interested parties, 
shall, based on pathway surveys and other available research relating 
to the rates of introductions in waters of the United States--
            ``(1) identify those pathways that pose the highest risk 
        for introductions of invasive species, both nationally and on a 
        region-by-region basis unless further managed;
            ``(2) develop recommendations for management strategies for 
        those high-risk pathways;
            ``(3) include in the report to the Congress required under 
        section 1201(f)(2)(B) a description of the identifications, 
        strategies, and recommendations; and
            ``(4) identify aquatic invasive species not yet introduced 
        into waters of the United States that are likely to be 
        introduced into waters of the United States unless preventative 
        measures are taken.
    ``(b) Management of High Priority Pathways.--Not later than 3 years 
after the date of enactment of the Great Lakes Collaboration 
Implementation Act, the Task Force or agencies of jurisdiction shall, 
to the maximum extent practicable, implement the strategies described 
in subsection (a)(2).''.

SEC. 107. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF LIVE AQUATIC 
              ORGANISMS.

    Subtitle B of title I 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 Great Lakes Collaboration Implementation Act, 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 Great Lakes Collaboration Implementation 
        Act, in consultation with regional panels convened under 
        section 1203, States, tribes, and other stakeholders, the 
        Invasive Species Council (in conjunction with the Task Force) 
        shall issue guidelines for screening proposed planned 
        importations of live aquatic organisms into the United States, 
        that include--
                    ``(A) guidelines for minimum information 
                requirements for determinations under subsection (c); 
                and
                    ``(B) guidelines for a simplified notification 
                procedure for any additional shipments of organisms 
                that may occur after completion of an initial screening 
                process and determination under subsection (c).
            ``(2) Purpose.--The purpose of the screening process shall 
        be to prevent the introduction or establishment of aquatic 
        invasive species in waters of the United States and contiguous 
        waters of Canada and Mexico.
            ``(3) Factors.--In developing guidelines under this 
        subsection and reviewing and revising the guidelines under 
        subsection (j), the Invasive Species Council and the Task Force 
        shall consider--
                    ``(A) the likelihood of the spread of species by 
                human or natural means;
                    ``(B) species that may occur in association with 
                the species planned for importation, including 
                pathogens, parasites, and free-living organisms; and
                    ``(C) regional differences in probability of 
                invasion and associated impacts.
    ``(c) Categories.--The screening process conducted pursuant to 
subsection (d) shall require the identification, to the maximum extent 
practicable, to the species level or, at least, to the genus level, of 
live aquatic organisms proposed for importation and shall list--
            ``(1) species with high or moderate probability of 
        undesirable impacts to areas within the boundaries of the 
        United States and contiguous areas of neighboring countries, to 
        which the species is likely to spread; and
            ``(2) species on which there is insufficient information to 
        determine the risk category based on guidelines issued pursuant 
        to subsection (b)(1)(B).
    ``(d) Evaluation.--
            ``(1) In general.--Not later than 180 days after the date 
        of promulgation of guidelines under subsection (b), in 
        consultation with regional panels convened under section 1203, 
        States, tribes, and other stakeholders, a Federal agency with 
        authority over an importation into the United States of a live 
        organism of a species not in trade shall screen the species in 
        accordance with guidelines promulgated under subsection (b).
            ``(2) Delegation and authority.--If no agency has authority 
        described in paragraph (1) or an agency delegates the screening 
        to the Director under subsection (h)--
                    ``(A) the Director shall screen the organisms in 
                accordance with subsections (a) and (b); and
                    ``(B) the Director may prohibit the importation of 
                an organism of a species not in trade if the Director 
                determines, based on evaluations consistent with the 
                screening requirements promulgated under subsection 
                (f), that the species has a high or moderate 
                probability of undesirable impacts on areas within the 
                boundaries of the United States and contiguous areas of 
                neighboring countries to which the species may spread.
            ``(3) Multiple jurisdiction.--If more than 1 agency has 
        jurisdiction over the importation of a live organism, the 
        agencies shall conduct only 1 screening process as determined 
        by a memorandum of understanding consistent with subsection 
        (f), except that the Secretary of Agriculture, shall conduct 
        screening of organisms imported to be cultured.
    ``(e) Requirements.--A Federal agency of jurisdiction, or the 
Director, shall--
            ``(1) restrict or prohibit the importation into the United 
        States from outside the United States of any species that is 
        described in subsection (c)(1);
            ``(2) prohibit the importation of any species described in 
        subsection (c)(2), unless the importation is for the sole 
        purpose of research that is conducted in accordance with 
        section 1202(f)(2); and
            ``(3) make a determination under this subsection not later 
        than 60 days after receiving a request for permission to import 
        a live aquatic species.
    ``(f) Memorandum of Understanding.--
            ``(1) In general.--The Director of the United States Fish 
        and Wildlife Service shall enter into a memorandum of 
        understanding with the heads of the agencies of jurisdiction 
        regarding the screening requirements contained in this section.
            ``(2) Contents.--The memorandum of understanding shall 
        contain, at a minimum--
                    ``(A) a description of the relationship between and 
                responsibilities of the agencies of jurisdiction, 
                including a process designating a lead agency in cases 
                in which multiple agencies may have jurisdiction over 
                the screening of an aquatic species;
                    ``(B) the process by which the Director will 
                delegate screening duties to and receive delegation 
                from other agencies of jurisdiction; and
                    ``(C) the process by which agencies of jurisdiction 
                will coordinate and share information required for the 
                screening process.
    ``(g) Delegation to Director.--Any agency with authority over the 
planned importation of a live aquatic organism may delegate to the 
Director the screening process carried out under this section.
    ``(h) Catalog of Species in Trade.--Not later than 1 year after the 
date of enactment of the Great Lakes Collaboration Implementation Act, 
the Director of the United States Geological Survey and the Director of 
the Smithsonian Environmental Research Center, in cooperation with 
agencies with jurisdiction over planned importations of live organisms, 
shall--
            ``(1) develop and update as necessary a catalog of species 
        in trade; and
            ``(2) include the list in the information provided to the 
        public pursuant to section 1102(f).
    ``(i) Review and Revision.--
            ``(1) In general.--At least once every 3 years, the 
        Council, in conjunction with the Task Force, shall use research 
        on early detection and monitoring under section 1106, among 
        other information sources, to review and revise the screening, 
        guidelines, and process carried out under this section.
            ``(2) Report.--The Invasive Species Council shall include 
        in its report to Congress required pursuant to section 
        1201(f)(2)(B)--
                    ``(A) an evaluation of the effectiveness of the 
                screening processes carried out under this section;
                    ``(B) an evaluation of the consistency of the 
                application of the screening by agencies; and
                    ``(C) recommendations for revisions of the 
                processes.
    ``(j) Prohibitions.--It shall be unlawful for any person subject to 
the jurisdiction of the United States to import an organism of a 
species described under subsection (c) or (d) or in violation of 
regulations promulgated under this section.
    ``(k) Penalties.--
            ``(1) Civil penalties.--Any person who violates subsection 
        (j) shall be liable for a civil penalty in an amount not to 
        exceed $50,000.
            ``(2) Criminal penalties.--Any person who knowingly 
        violates subsection (j) is guilty of a class C felony.
    ``(l) Fees.--The head of any agency that has jurisdiction over a 
planned importation of a species subject to screening under this Act 
may increase the amount of any appropriate fee that is charged under an 
authority of law to offset the cost of any screening process carried 
out under this section.
    ``(m) Information.--A Federal agency conducting a screening process 
under this section shall make the results of the process available to 
the public (including international organizations).
    ``(n) Regulations.--The Director may issue regulations to implement 
this section.
    ``(o) Applicability: Effect on Other Laws.--Nothing in this section 
shall be construed as repealing, superseding, or modifying any 
provision of Federal or state law.''.

    CHAPTER 3--EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH

SEC. 111. EARLY DETECTION.

    Subtitle B of title I of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended 
by section 107) is amended by adding at the end the following:

``SEC. 1106. EARLY DETECTION AND MONITORING.

    ``(a) Early Detection.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of the Great Lakes Collaboration Implementation 
        Act, in conjunction with the Council, the Task Force shall 
        develop and promulgate a set of sampling protocols, a 
        geographic plan, and budget to support a national system of 
        ecological surveys to rapidly detect recently established 
        aquatic invasive species in waters of the United States.
            ``(2) Contents.--The protocols, plan, and budget shall, at 
        a minimum--
                    ``(A) address a diversity of aquatic ecosystems of 
                the United States (including inland and coastal 
                waters);
                    ``(B) encourage State, local, port, and tribal 
                participation in monitoring;
                    ``(C) balance scientific rigor with practicability, 
                timeliness, and breadth of sampling activity;
                    ``(D) consider the pathways and/or organisms 
                identified under section 1210;
                    ``(E) include a capacity to evaluate the impacts of 
                permitted importations screened by the processes 
                established under section 1105; and
                    ``(F) include clear lines of communication with 
                appropriate Federal, State, and regional rapid response 
                authorities.
            ``(3) Implementation.--Not later than 3 years after the 
        date of enactment of the Great Lakes Collaboration 
        Implementation Act, the Director of the United States Fish and 
        Wildlife Service, the Administrator of the National Oceanic and 
        Atmospheric Administration, and the Administrator (in 
        consultation with the Invasive Species Council and in 
        coordination with other agencies) shall implement a national 
        system of ecological surveys that is--
                    ``(A) carried out in cooperation with State, local, 
                port, tribal authorities, and other non-Federal 
                entities (such as colleges and universities); and
                    ``(B) based on the protocols, plan, and budget 
                published under subsection (a)(1) and any public 
                comment.''.

SEC. 112. RAPID RESPONSE.

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

``SEC. 1211. RAPID RESPONSE.

    ``(a) State Rapid Response Contingency Strategies.--
            ``(1) Emergency funds for rapid response.--A State that has 
        in effect a rapid response contingency strategy for invasive 
        species in the State, including rapid assessment capabilities, 
        that is approved under paragraph (2) shall be eligible to 
        receive emergency funding to remain available until expended to 
        implement rapid response measures for aquatic invasive species 
        under the strategy, subject to renewal, as determined by the 
        Secretary of the Interior and the Secretary in accordance with 
        paragraph (2).
            ``(2) Approval of rapid response contingency strategies.--
        The Task Force, in consultation with the Invasive Species 
        Council, shall approve a State rapid response contingency 
        strategy described in paragraph (1) if the strategy--
                    ``(A) identifies all key governmental and 
                nongovernmental partners to be involved in carrying out 
                the strategy;
                    ``(B) clearly designates the authorities and 
                responsibilities of each partner, including the 
                authority of any State or government of an Indian tribe 
                to distribute emergency funds;
                    ``(C) specifies criteria for rapid response 
                measures, including a diagnostic system that--
                            ``(i) distinguishes cases in which rapid 
                        response has a likelihood of success and cases 
                        in which rapid response has no likelihood of 
                        success;
                            ``(ii) distinguishes rapid response 
                        measures from ongoing management and control of 
                        established populations of aquatic invasive 
                        species; and
                            ``(iii) distinguishes instances in which 
                        the rate and probability of organism dispersal 
                        is significantly altered by vessel movements;
                    ``(D) includes an early detection strategy that 
                supports or complements the early detection and 
                monitoring system developed under section 1106;
                    ``(E) provides for a monitoring capability to 
                assess--
                            ``(i) the extent of infestations; and
                            ``(ii) the effectiveness of rapid response 
                        efforts;
                    ``(F) to the maximum extent practicable, is 
                integrated into the State aquatic invasive species 
                management plan approved under section 1204;
                    ``(G) to the maximum extent possible, does not use 
                rapid response tools that do not meet environmental 
                criteria developed under subsection (e)(4);
                    ``(H) includes a public education and outreach 
                component directed at--
                            ``(i) potential pathways for spread of 
                        aquatic invasive species; and
                            ``(ii) persons involved in industries and 
                        recreational activities associated with those 
                        pathways; and
                    ``(I) to the extent that the strategy involves 
                vessels, conforms with guidelines issued by the 
                Secretary under subsection (c)(2).
    ``(b) Regional Rapid Response Contingency Strategies.--The Task 
Force, with the concurrence of the Invasive Species Council and in 
consultation with the regional panels of the Task Force established 
under section 1203, shall encourage the development of regional rapid 
response contingency strategies that--
            ``(1) provide a consistent and coordinated approach to 
        rapid response; and
            ``(2) are approved by--
                    ``(A) the Secretary; and
                    ``(B) the Governors and Indian tribes having 
                jurisdiction over areas within a region.
    ``(c) Model Rapid Response Contingency Strategies.--Not later than 
18 months after the date of enactment of the Great Lakes Collaboration 
Implementation Act--
            ``(1) the Task Force, with the concurrence of the Invasive 
        Species Council and the regional panels of the Task Force 
        established under section 1203, shall develop--
                    ``(A) a model State rapid response contingency 
                strategy for aquatic invasive species, including rapid 
                assessment capability, that includes, to the maximum 
                extent practicable, the components listed under 
                subparagraphs (A) through (H) of subsection (a)(2); and
                    ``(B) a model regional rapid response contingency 
                strategy for aquatic invasive species; and
            ``(2) the Secretary, in concurrence with the Task Force and 
        the regional panels, shall issue guidelines that describe 
        vessel-related requirements that may be used in a rapid 
        response contingency strategy, including specific requirements 
        for strategy approved under this section.
    ``(d) Cost Sharing.--
            ``(1) State rapid response contingency strategies.--The 
        Federal share of the cost of activities carried out under a 
        State rapid response contingency strategy approved under 
        subsection (a) shall be not less than 50 percent.
            ``(2) Regional rapid response contingency strategies.--The 
        Federal share of the cost of activities carried out under a 
        regional rapid response contingency strategy approved under 
        subsection (b) shall be not less than 75 percent.
            ``(3) In-kind contributions.--States or regions that 
        receive Federal funds for rapid response activities may provide 
        matching funds in the form of in-kind contributions.
    ``(e) Federal Rapid Response Teams.--
            ``(1) Establishment of teams.--Not later than 1 year after 
        the date of enactment of the Great Lakes Collaboration 
        Implementation Act, 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 Great Lakes Collaboration 
        Implementation Act, the Task Force, with the concurrence of the 
        Invasive Species Council, shall develop criteria to identify 
        cases of rapid response warranting Federal assistance under 
        this subsection, including criteria relating to, at a minimum--
                    ``(A) the extent to which infestations of aquatic 
                invasive species may be managed successfully by rapid 
                response;
                    ``(B) the extent to which rapid response efforts 
                may differ from ongoing management and control; and
                    ``(C) the extent to which infestations of 
                nonindigenous aquatic invasive species are considered 
                to be an acute or chronic threat to--
                            ``(i) biodiversity of native fish and 
                        wildlife;
                            ``(ii) habitats of native fish and 
                        wildlife; or
                            ``(iii) human health.
            ``(4) Environmental criteria.--Not later than 1 year after 
        the date of enactment of the Great Lakes Collaboration 
        Implementation Act, 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. 113. ENVIRONMENTAL SOUNDNESS.

    Section 1202(k) of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4722) is amended to read as follows:
    ``(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 Great Lakes Collaboration 
                Implementation Act, the Administrator, in consultation 
                and cooperation with the Secretary, the Invasive 
                Species Council, and the Task Force (including any 
                regional panels of the Task Force) shall promulgate 
                criteria to evaluate the treatment methods described in 
                subparagraph (B) for the purpose of ensuring that the 
                treatment methods pose no significant threat of adverse 
                effect on human health, public safety, or the 
                environment (including air quality and the aquatic 
                environment) that is acute, chronic, cumulative, or 
                collective.
                    ``(B) Treatment methods.--The treatment methods 
                referred to in subparagraph (A) are all mechanical, 
                physical, chemical, biological, and other treatment 
                methods used in bodies of water of the United States 
                (regardless of whether the bodies of water are 
                navigable and regardless of the origin of the waters), 
                to prevent, treat, or respond to the introduction of 
                aquatic invasive species.
                    ``(C) Consultation.--In carrying out subparagraph 
                (A), the Administrator shall consult with--
                            ``(i) the Secretary of Transportation;
                            ``(ii) the Task Force (including the 
                        regional panels of the Task Force established 
                        under section 1203);
                            ``(iii) the Director;
                            ``(iv) the Assistant Secretary;
                            ``(v) the Director of the National Marine 
                        Fisheries Service; and
                            ``(vi) relevant State agencies.
            ``(2) Publication of information on environmentally sound 
        treatment methods.--The Administrator, in consultation with the 
        Invasive Species Council, shall publish (not later than 1 year 
        after the date of enactment of the Great Lakes Collaboration 
        Implementation Act) 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. 114. 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 Great 
                        Lakes Collaboration Implementation Act, 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 Great Lakes Collaboration 
                        Implementation Act, 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 Great 
                                Lakes Collaboration Implementation Act, 
                                develop (in consultation with industry 
                                and other affected parties) issue 
                                guidelines for proper disposal of live 
                                nonindigenous aquatic organisms in 
                                trade; and
                                    ``(II) use the guidelines in 
                                appropriate public information and 
                                outreach efforts.
                    ``(C) 100th meridian program.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the Great Lakes 
                        Collaboration Implementation Act, the Task 
                        Force shall expand the information and 
                        education program directed at recreational 
                        boaters in States from which watercraft are 
                        transported westward across the 100th meridian.
                            ``(ii) Activities.--In carrying out the 
                        program, the task force shall--
                                    ``(I) survey owners of watercraft 
                                transported westward across the 100th 
                                meridian to determine the States of 
                                origin of most such owners;
                                    ``(II) provide information directly 
                                to watercraft owners concerning the 
                                importance of cleaning watercraft 
                                carrying live organisms before 
                                transporting the watercraft; and
                                    ``(III) support education and 
                                information programs of the States of 
                                origin to ensure that the State 
                                programs address westward spread.
                    ``(D) Information and education program by national 
                park service.--The Secretary of the Interior, acting 
                through the Director of the National Park Service, 
                shall develop a program to provide public outreach and 
                other educational activities to prevent the spread of 
                aquatic invasive species by recreational watercraft in 
                parkland or through events sponsored by the National 
                Park Service.
            ``(3) Outreach to industry.--The Task Force, in conjunction 
        with the Invasive Species Council, shall carry out activities 
        to inform and promote voluntary cooperation and regulatory 
        compliance by members of the national and international 
        maritime, horticultural, aquarium, aquaculture, and pet trade 
        industries with screening, monitoring, and control of the 
        transportation of aquatic invasive species.
            ``(4) Public access to monitoring information.--The Task 
        Force, the Invasive Species Council, and other relevant 
        agencies, shall maintain information on the Internet 
        regarding--
                    ``(A) the best approaches for the public and 
                private interests to use in assisting with national 
                early detection and monitoring of aquatic invasive 
                species in waters of the United States;
                    ``(B) contact locations for joining a national 
                network of monitoring stations;
                    ``(C) approved State Management Plans under section 
                1204(a) and Rapid Response Contingency Strategies under 
                sections 1211(a)(2) and 1211(c); and
                    ``(D) the list of potential invaders under section 
                1201(a)(4).''.

                        CHAPTER 4--COORDINATION

SEC. 116. 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 Great Lakes Collaboration 
                Implementation Act, and every 3 years thereafter, 
                submit to Congress a report that summarizes the status 
                of the conduct of activities authorized by and required 
                under this Act; and
                    ``(C) establish any regional panels or task forces 
                in coordination with the regional panels of the Task 
                Force convened under section 1203.''.
    (c) Coordination With Other Programs.--Section 1202(c) of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4722(c)) is amended by adding at the end the following:
            ``(3) Recommendations for lists.--
                    ``(A) In general.--The Task Force shall annually 
                recommend to Federal agencies of jurisdiction such 
                additions of aquatic invasive species as the Task Force 
                determines to be appropriate for inclusion on--
                            ``(i) any list of species of wildlife under 
                        the Lacey Act Amendments of 1981 (16 U.S.C. 
                        3371 et seq.) (including regulations under such 
                        Act); or
                            ``(ii) any list of noxious weeds under the 
                        Plant Protection Act (7 U.S.C. 7701 et seq.) 
                        (including regulations promulgated under that 
                        Act contained in part 360 of title 7, Code of 
                        Federal Regulations (or any successor 
                        regulations)).
                    ``(B) Process.--The Task Force may use the 
                screening process developed pursuant to section 1105 to 
                identify species pursuant to subparagraph (A).''.
    (d) Regional Coordination.--Section 1203 of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4723) is 
amended by adding at the end the following:
    ``(d) Annual Interregional Meeting.--The Task Force shall annually 
convene all regional panels established pursuant to this Act for the 
purpose of information transfer between and among panels, and between 
the panels and the Task Force, regarding aquatic invasive species 
management.
    ``(e) Organizations.--An interstate organization that has a Federal 
charter authorized by law, interstate agreement, or Executive order for 
purposes of fisheries or natural resource management may receive funds 
under this Act to implement activities authorized under this Act.''.
    (e) State Aquatic Invasive Species Management Plans.--Section 
1204(a) of the Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4724(a)) is amended--
            (1) in paragraph (2)(A) by inserting before the semicolon 
        at the end the following: ``, including, in accordance with 
        guidelines issued by the Task Force under paragraph (5)--
                    ``(A) rapid response contingency strategies under 
                section 1211;
                    ``(B) early detection strategies under section 
                1211(a)(2)(D);
                    ``(C) aquatic plant control programs pursuant to 
                other law; and
                    ``(D) screening of planned introductions pursuant 
                to section 1105;''.
            (2) in paragraph (2)(D) by inserting ``include'' after 
        ``(D)''; and
            (3) by adding at the end the following:
            ``(5) Guidelines.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Great Lakes Collaboration 
                Implementation Act, the Task Force shall publish in the 
                Federal Register guidelines for the development of 
                plans under this subsection, including guidelines for 
                reporting progress in implementing the plans, to 
                encourage consistency in implementation of and 
                reporting under those plans.
                    ``(B) Guidelines.--The guidelines published under 
                subparagraph (A) shall include, for the purpose of 
                paragraph (2)(A), guidelines concerning--
                            ``(i) rapid response contingency strategies 
                        under section 1211;
                            ``(ii) early detection and monitoring 
                        strategies under section 1211(a)(2)(D);
                            ``(iii) aquatic plant control programs;
                            ``(iv) screening of planned introductions 
                        pursuant to and consistent with section 1105; 
                        and
                            ``(v) the review and revision of 
                        requirements of this subsection and the 
                        reapproval process under this subsection.
            ``(6) Relationship to other plans.--
                    ``(A) In general.--A plan approved under paragraph 
                (4) shall be deemed to meet any State planning 
                requirement of the program established under section 
                104 of the River and Harbor Act of 1958 (33 U.S.C. 610) 
                for a plan to control noxious aquatic plant growths.
                    ``(B) Enforcement.--Funds provided to States for 
                implementation of plans pursuant to section 1204 may be 
                used by States to enforce requirements relating to 
                aquatic invasive species under the Plant Protection Act 
                (7 U.S.C. 7701 et seq.) (including regulations 
                promulgated under that Act contained in part 360 of 
                title 7, Code of Federal Regulations (or any successor 
                regulations)).
            ``(7) Review and revision.--
                    ``(A) In general.--Each State shall periodically 
                review and, as necessary and subject to subparagraph 
                (B), revise the management plan of the State in 
                accordance with guidelines of the Task Force under 
                paragraph (5).
                    ``(B) Update of existing plans.--A State plan 
                approved under the section before the date of the 
                enactment of the National Aquatic Species Act of 2006 
                shall be revised by the State under guidelines issued 
                by the Director to conform to the guidelines published 
                under paragraph (5), but shall be treated as a plan 
                approved under this subsection for purposes of grants 
                under this section.
            ``(8) Other state management plans.--In addition to the 
        management plans required under this subsection, the Director 
        shall encourage each State to develop and implement new, and 
        expand existing, State management plans to improve State 
        actions to prevent and control aquatic invasive species.''.
    (f) Grant Program.--Section 1204(b)(1) of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4724(b)(1)) is 
amended by striking ``subsection (a) for the implementation of those 
plans.'' and inserting the following: ``subsection (a)--
            ``(A) to develop those plans with a total amount that does 
        not exceed 10 percent of the amounts made available for grants 
        under this section for each fiscal year; and
            ``(B) to implement those plans.''.

SEC. 117. INTERNATIONAL COORDINATION.

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

                    ``Subtitle E--Administration'';

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

``SEC. 1402. INTERNATIONAL COORDINATION.

    ``(a) In General.--The Task Force, the Invasive Species Council, 
and the Secretary of State shall, to the maximum extent practicable, 
coordinate activities to ensure that international efforts to prevent 
and manage aquatic invasive species (including through the 
International Maritime Organization, the International Convention on 
the Exploration of the Sea, the Global Invasive Species Program, and 
other appropriate programs) are coordinated with policies of the United 
States established by this Act.
    ``(b) Coordination With Neighboring Countries.--
            ``(1) In general.--The Task Force, in consultation with the 
        Secretary of State, shall include in the report required by 
        section 1201(f)(2)(B) 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 Great Lakes Collaboration Implementation 
        Act, the Secretary of State may enter into negotiations with--
                    ``(A) Canada to issue a request that the 
                International Joint Commission, by not later than 18 
                months after the date of enactment of that Act, review, 
                research, conduct hearings on, and submit to the 
                parties represented on the International Joint 
                Commission a report that describes the success of 
                current policies of governments in the United States 
                and Canada having jurisdiction over the Great Lakes in 
                anticipating and preventing biological invasions of the 
                aquatic ecosystem in the Great Lakes, including--
                            ``(i) an analysis of current Federal, State 
                        or Provincial, local, and international laws, 
                        enforcement practices, and agreements;
                            ``(ii) an analysis of prevention efforts 
                        related to all likely pathways for biological 
                        invasions of the aquatic ecosystem in the Great 
                        Lakes; and
                            ``(iii) recommendations of the 
                        International Joint Commission for means by 
                        which to improve and harmonize the policies and 
                        enforcement practices referred to in clause 
                        (i); and
                    ``(B) Mexico, to ensure coordination of efforts of 
                the United States with efforts of Mexico to manage 
                invasive species established in the United States-
                Mexico border region.''.

               CHAPTER 5--AUTHORIZATION OF APPROPRIATIONS

SEC. 121. 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 2010 through 2014.
    ``(b) Task Force and Aquatic Nuisance Species Program.--There are 
authorized to be appropriated for each of fiscal years 2010 through 
2014--
            ``(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 2010 through 2014.
    ``(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 2010 through 2014--
            ``(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 2010 through 
2014--
            ``(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 are 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 2010 and 2011 and $10,000,000 for each of fiscal years 
2012 through 2014, of which--
            ``(1) for each of fiscal years 2010 and 2011--
                    ``(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 2012 through 2014--
                    ``(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) Rapid Response and Environmental Soundness.--
            ``(1) Rapid response.--There are authorized to be 
        appropriated for each of fiscal years 2010 through 2014--
                    ``(A) $25,000,000, to the rapid response fund of 
                the Secretary of the Interior established under section 
                1211;
                    ``(B) $1,000,000, to be used by the Invasive 
                Species Council in developing the State and regional 
                rapid response contingency strategy under section 1211; 
                and
                    ``(C) $1,500,000, to be used for Federal rapid 
                response teams under section 1211(e), of which--
                            ``(i) $500,000 shall be used by the 
                        National Oceanic and Atmospheric 
                        Administration; and
                            ``(ii) $1,000,000 shall be used by the 
                        Director.
            ``(2) 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 2010 through 
        2014.
    ``(h) Information, Education, and Outreach.--There are authorized 
to be appropriated for each of fiscal years 2010 through 2014--
            ``(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).''.

                    CHAPTER 6--CONFORMING AMENDMENTS

SEC. 126. CONFORMING AMENDMENTS.

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

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

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

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

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

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

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

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

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

             Subtitle B--Aquatic Invasive Species Research

SEC. 141. FINDINGS.

    The Congress makes the following findings:
            (1) Aquatic invasive species damage infrastructure, disrupt 
        commerce, outcompete native species, reduce biodiversity, and 
        threaten human health.
            (2) The direct and indirect costs of aquatic invasive 
        species to our Nation's economy number in the billions of 
        dollars per year.
            (3) Recent studies have shown that, in addition to economic 
        damage, invasive species cause enormous environmental damage, 
        and have cited invasive species as the second leading threat to 
        endangered species.
            (4) Over the past 200 years, the rate of detected marine 
        and freshwater invasions in North America has increased 
        exponentially.
            (5) The rate of invasions continues to grow each year.
            (6) Marine and freshwater research underlies every aspect 
        of detecting, preventing, controlling, and eradicating invasive 
        species, educating citizens and stakeholders, and restoring 
        ecosystems.
            (7) Current Federal efforts, including research efforts, 
        have focused primarily on controlling established invasive 
        species, which is both costly and often unsuccessful. An 
        emphasis on research, development, and demonstration to support 
        efforts to prevent invasive species or eradicate them upon 
        entry into United States waters would likely result in a more 
        cost-effective and successful approach to combating invasive 
        species through preventing initial introduction.
            (8) Research, development, and demonstration to support 
        prevention and eradication includes monitoring of both pathways 
        and ecosystems to track the introduction and establishment of 
        nonnative species, and development and testing of technologies 
        to prevent introduction through known pathways.
            (9) Therefore, Congress finds that it is in the United 
        States interest to conduct a comprehensive and thorough 
        research, development, and demonstration program on aquatic 
        invasive species in order to better understand how aquatic 
        invasive species are introduced and become established and to 
        support efforts to prevent the introduction and establishment 
        of, and to eradicate, these species.

SEC. 142. DEFINITIONS.

    In this Act:
            (1) Administering agencies.--The term ``administering 
        agencies'' means--
                    (A) the National Oceanic and Atmospheric 
                Administration (including the Great Lakes Environmental 
                Research Laboratory);
                    (B) the Smithsonian Institution (acting through the 
                Smithsonian Environmental Research Center); and
                    (C) the United States Geological Survey.
            (2) Aquatic ecosystem.--The term ``aquatic ecosystem'' 
        means a freshwater, marine, or estuarine environment (including 
        inland waters, riparian areas, and wetlands) located in the 
        United States.
            (3) Ballast water.--The term ``ballast water'' means any 
        water (with its suspended matter) used to maintain the trim and 
        stability of a vessel.
            (4) Invasion.--The term ``invasion'' means the introduction 
        and establishment of an invasive species into an ecosystem 
        beyond its historic range.
            (5) Invasive species.--The term ``invasive species'' means 
        a species--
                    (A) that is nonnative to the ecosystem under 
                consideration; and
                    (B) whose introduction causes or may cause harm to 
                the economy, the environment, or human health.
            (6) Invasive species council.--The term ``Invasive Species 
        Council'' means the council established by section 3 of 
        Executive Order No. 13112 (42 U.S.C. 4321 note).
            (7) Pathway.--The term ``pathway'' means 1 or more routes 
        by which an invasive species is transferred from one ecosystem 
        to another.
            (8) Species.--The term ``species'' means any fundamental 
        category of taxonomic classification or any viable biological 
        material ranking below a genus or subgenus.
            (9) Task force.--The term ``Task Force'' means the Aquatic 
        Nuisance Species Task Force established by section 1201(a) of 
        the Nonindigenous Aquatic Nuisance Prevention and Control Act 
        of 1990 (16 U.S.C. 4721(a)).
            (10) Type approval.--The term ``type approval'' means an 
        approval procedure under which a type of system is certified as 
        meeting a standard established pursuant to Federal law for a 
        particular application.

SEC. 143. COORDINATION AND IMPLEMENTATION.

    (a) Coordination.--In carrying out this Act, the administering 
agencies shall coordinate with--
            (1) appropriate State agencies;
            (2) the Fish and Wildlife Service, the Environmental 
        Protection Agency, and other appropriate Federal agencies; and
            (3) the Task Force and Invasive Species Council.
    (b) Implementation.--The administering agencies shall enter into a 
memorandum of understanding regarding the implementation of this Act, 
which shall include the coordination required by subsection (a).
    (c) Cooperation.--In carrying out this Act, the administering 
agencies shall contract, as appropriate, or otherwise cooperate with 
academic researchers.
    (d) Structure.--To the extent practicable, the administering 
agencies shall carry out this Act working within the organizational 
structure of the Task Force and Invasive Species Council.

SEC. 144. ECOLOGICAL AND PATHWAY RESEARCH.

    (a) In General.--The administering agencies shall develop and 
conduct a marine and fresh-water research program which shall include 
ecological and pathway surveys and experimentation to detect nonnative 
aquatic species in aquatic ecosystems and to assess rates and patterns 
of introductions of nonnative aquatic species in aquatic ecosystems. 
The goal of this marine and freshwater research program shall be to 
support efforts to prevent the introduction of, detect, and eradicate 
invasive species through informing early detection and rapid response 
efforts, informing relevant policy decisions, and assessing the 
effectiveness of implemented policies to prevent the introduction and 
spread of aquatic invasive species. Surveys and experiments under this 
subsection shall be commenced not later than 18 months after the date 
of the enactment of this Act.
    (b) Protocol Development.--The administering agencies shall 
establish standardized protocols for conducting ecological and pathway 
surveys of nonnative aquatic species under subsection (a) that are 
integrated and produce comparable data. Protocols shall, as 
practicable, be integrated with existing protocols and data collection 
methods. In developing the protocols under this subsection, the 
administering agencies shall draw on the recommendations gathered at 
the workshop under subsection (g). The protocols shall be peer 
reviewed, and revised as necessary. Protocols shall be completed within 
1 year after the date of the enactment of this Act.
    (c) Ecological and Pathway Survey Requirements.--(1) Each 
ecological survey conducted under subsection (a) shall, at a minimum--
            (A) document baseline ecological information of the aquatic 
        ecosystem including, to the extent practicable, a comprehensive 
        inventory of native species, nonnative species, and species of 
        unknown origin present in the ecosystem, as well as the 
        chemical and physical characteristics of the water and 
        underlying substrate;
            (B) for nonnative species, gather information to assist in 
        identifying their life history, environmental requirements and 
        tolerances, the historic range of their native ecosystems, and 
        their history of spreading from their native ecosystems;
            (C) track the establishment of nonnative species including 
        information about the estimated abundance of nonnative 
        organisms in order to allow an analysis of the probable date of 
        introduction of the species; and
            (D) identify the likely pathway of entry of nonnative 
        species.
    (2) Each pathway survey conducted under this section shall, at a 
minimum--
            (A) identify what nonnative aquatic species are being 
        introduced or may be introduced through the pathways under 
        consideration;
            (B) determine the quantities of organisms being introduced 
        through the pathways under consideration; and
            (C) determine the practices that contributed to or could 
        contribute to the introduction of nonnative aquatic species 
        through the pathway under consideration.
    (d) Number and Location of Survey 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. In establishing sites under this subsection or subsection 
(e), emphasis shall be on the geographic diversity of sites, as well as 
the diversity of the human uses and biological characteristics of 
sites.
    (e) Competitive Grant Program.--The National Oceanic and 
Atmospheric Administration and the United States Geological Survey 
shall jointly administer a program to award competitive, peer-reviewed 
grants to academic institutions, State agencies, and other appropriate 
groups, in order to assist in carrying out subsection (a), and shall 
include to the maximum extent practicable diverse institutions, 
including Historically Black Colleges and Universities and those 
serving large proportions of Hispanics, Native Americans, Asian-Pacific 
Americans, or other underrepresented populations.
    (f) Ship Pathway Surveys.--Section 1102(b)(2)(B)(ii) of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4712(b)(2)(B)(ii)) is amended to read as follows:
                            ``(ii) examine other potential modes for 
                        the introduction of nonnative aquatic species 
                        by ship, including hull fouling.''.
    (g) Workshop.--In order to support the development of the protocols 
and design for the surveys under subsections (b) and (c), and to 
determine how to obtain consistent, comparable data across a range of 
ecosystems, the administering agencies shall convene at least one 
workshop with appropriate researchers and representatives involved in 
the management of aquatic invasive species from Federal and State 
agencies and academic institutions to gather recommendations. The 
administering agencies shall make the results of the workshop widely 
available to the public. The workshop shall be held within 180 days 
after the date of the enactment of this Act.
    (h) Experimentation.--The administering agencies shall conduct 
research to identify the relationship between the introduction and 
establishment of nonnative aquatic species, including those legally 
introduced, and the circumstances necessary for those species to become 
invasive.
    (i) National Pathway and Ecological Surveys Database.--
            (1) In general.--The United States Geological Survey shall 
        develop, maintain, and update, in consultation and cooperation 
        with the Smithsonian Institution (acting through the 
        Smithsonian Environmental Research Center), the National 
        Oceanic and Atmospheric Administration, and the Task Force, a 
        central, national database of information concerning 
        information collected under this section.
            (2) Requirements.--The database shall--
                    (A) be widely available to the public;
                    (B) be updated not less than once a quarter;
                    (C) be coordinated with existing databases, both 
                domestic and foreign, collecting similar information; 
                and
                    (D) be, to the maximum extent practicable, 
                formatted such that the data is useful for both 
                researchers and Federal and State employees managing 
                relevant invasive species programs.

SEC. 145. ANALYSIS.

    (a) Invasion Analysis.--
            (1) In general.--Not later than 3 years after the date of 
        the enactment of this Act, and every year thereafter, the 
        administering agencies shall analyze data collected under 
        section 144 and other relevant research on the rates and 
        patterns of invasions by aquatic invasive species in waters of 
        the United States. The purpose of this analysis shall be to use 
        the data collected under section 144 and other relevant 
        research to support efforts to prevent the introduction of, 
        detect, and eradicate invasive species through informing early 
        detection and rapid response efforts, informing relevant policy 
        decisions, and 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, including--
                            (i) identifying, and characterizing as 
                        high, medium, or low risk, pathways regionally 
                        and nationally;
                            (ii) identifying new and expanding 
                        pathways;
                            (iii) identifying handling practices that 
                        contribute to the introduction of species in 
                        pathways; and
                            (iv) assessing the risk that species 
                        legally introduced into the United States pose 
                        for introduction into aquatic ecosystems;
                    (B) patterns and rates of invasion and 
                susceptibility to invasion of various bodies of water;
                    (C) how the risk of establishment through a pathway 
                is related to the identity and number of organisms 
                transported;
                    (D) rates of spread and numbers and types of 
                pathways of spread of new populations of the aquatic 
                invasive species and an estimation of the potential 
                spread and distribution of newly introduced invasive 
                species based on their environmental requirements and 
                historical distribution;
                    (E) documentation of factors that influence an 
                ecosystem's vulnerability to a nonnative aquatic 
                species becoming invasive;
                    (F) a description of the potential for, and impacts 
                of, pathway management programs on invasion rates;
                    (G) recommendations for improvements in the 
                effectiveness of pathway management;
                    (H) to the extent practical, a determination of the 
                level of reduction in live organisms of various 
                taxonomic groups required to reduce the risk of 
                establishment to receiving aquatic ecosystems to an 
                acceptable level; and
                    (I) an evaluation of the effectiveness of 
                management actions (including any standard) at 
                preventing nonnative species introductions and 
                establishment.
    (b) Research To Assess the Potential of the Establishment of 
Introduced Species.--Within 2 years after the date of the enactment of 
this Act, the administering agencies shall develop a profile, based on 
the general characteristics of invasive species and vulnerable 
ecosystems, in order to predict, to the extent practical, whether a 
species planned for importation is likely to invade a particular 
aquatic ecosystem if introduced. In developing the profile, the above 
agencies shall analyze the research conducted under section 144, and 
other research as necessary, to determine general species and ecosystem 
characteristics (taking into account the opportunity for introduction 
into any ecosystem) and circumstances that can lead to establishment. 
Based on the profile, the Task Force shall make recommendations to the 
Invasive Species Council as to what planned importations of nonnative 
aquatic organisms should be restricted. This profile shall be peer-
reviewed.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for carrying out this section and section 144, and section 
1102(b)(2) of the Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4712(b)(2)) for each of the fiscal years 2010 
through 2014--
            (1) $4,000,000 for the Smithsonian Environmental Research 
        Center;
            (2) $11,000,000 for the United States Geological Survey 
        (including activities through the Cooperative Fish and Wildlife 
        Research Program), of which $6,500,000 shall be for the grant 
        program under section 144(e), and of which $500,000 shall be 
        for developing, maintaining, and updating the database under 
        section 144(i); and
            (3) $10,500,000 for the National Oceanic and Atmospheric 
        Administration, of which $6,500,000 shall be for the grant 
        program under section 144(e).

SEC. 146. DISSEMINATION.

    (a) In General.--The Invasive Species Council, in coordination with 
the Task Force and the administering agencies, shall be responsible for 
disseminating the information collected under this Act to the public, 
including Federal, State, and local entities, relevant policymakers, 
and private researchers with responsibility over or interest in aquatic 
invasive species.
    (b) Report to Congress.--Not later than 3 years after the date of 
the enactment of this Act, the Invasive Species Council shall report 
actions and findings under section 145 to the Congress, and shall 
update this report once every 3 years thereafter, or more often as 
necessary.
    (c) Response Strategy.--The Invasive Species Council, in 
coordination with the Task Force, the administering agencies, and other 
appropriate Federal and State agencies, shall develop and implement a 
national strategy for how information collected under this Act will be 
shared with Federal, State, and local entities with responsibility for 
determining response to the introduction of potentially invasive 
aquatic species, to enable those entities to better and more rapidly 
respond to such introductions.
    (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) on how their 
practices could be modified to prevent the intentional or unintentional 
introduction of nonnative aquatic species into aquatic ecosystems.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the Interior for each of the fiscal 
years 2010 through 2014 $500,000 for the Invasive Species Council for 
carrying out this section.

SEC. 147. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND VERIFICATION.

    (a) Environmentally Sound Technology Development, Demonstration, 
and Verification.--
            (1) Grant program.--Not later than 1 year after the date of 
        the enactment of this Act, the Environmental Protection Agency, 
        acting through the Office of Research and Development, in 
        consultation with the Army Corps of Engineers, the 
        administering agencies, and the Task Force, shall develop and 
        begin administering 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 subsection 
        shall--
                    (A) seek to support Federal, State, or local 
                officials' ongoing efforts 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 demonstration or dissemination of 
                the technology or method to potential end-users; and
                    (D) verify that any technology or method meets any 
                appropriate criteria developed for effectiveness and 
                environmental soundness by the Environmental Protection 
                Agency.
            (3) Preference.--The Administrator of the Environmental 
        Protection Agency shall give preference to proposals that will 
        likely meet any appropriate criteria developed for 
        environmental soundness by the Environmental Protection Agency.
            (4) Merit review.--Grants shall be awarded under this 
        subsection through a competitive, peer-reviewed process.
            (5) Report.--Not later than 3 years after the date of the 
        enactment of this Act, the Administrator of the Environmental 
        Protection Agency shall prepare and submit a report to Congress 
        on the program conducted under this subsection. The report 
        shall include findings and recommendations of the Administrator 
        with regard to technologies and methods.
    (b) Ship Pathway Technology Demonstration.--
            (1) Reauthorization of program.--Section 1301(e) of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4741(e)) is amended by striking ``$2,500,000'' 
        and inserting ``$7,500,000 for each of the fiscal years 2010 
        through 2014''.
            (2) Expansion of program.--Section 1104(b) of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4714(b)) is amended--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (B) by inserting after paragraph (3) the following 
                new paragraph:
            ``(4) Additional purposes.--The Secretary of the Interior 
        and the Secretary of Commerce may also demonstrate and verify 
        technologies under this subsection to monitor and control 
        pathways of organism transport on ships other than through 
        ballast water.''.
            (3) Criteria and workshop.--Section 1104 of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4714) is amended by adding at the end the 
        following new subsections:
    ``(d) Criteria.--When issuing grants under this section, the 
National Oceanic and Atmospheric Administration shall give preference 
to those technologies that will likely meet the criteria laid out in 
any testing protocol developed by the Environmental Protection Agency 
Office of Research and Development's Environmental Technology 
Verification Program.
    ``(e) Workshop.--The National Oceanic and Atmospheric 
Administration shall hold an annual workshop of principal investigators 
funded under this section and researchers conducting research directly 
related to ship pathway technology development, for information 
exchange, and shall make the proceedings widely available to the 
public.''.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for each of the fiscal years 2010 through 2014 $2,500,000 
for the Environmental Protection Agency to carry out subsection (a).

SEC. 148. RESEARCH TO SUPPORT THE SETTING AND IMPLEMENTATION OF SHIP 
              PATHWAY STANDARDS.

    (a) Research Program.--The Coast Guard and the Environmental 
Protection Agency, in coordination with the National Oceanic and 
Atmospheric Administration, the Task Force, and other appropriate 
Federal agencies and academic researchers, shall develop a coordinated 
research program to support the promulgation and implementation of 
standards to prevent the introduction and spread of invasive species by 
ships that shall include--
            (1) characterizing physical, chemical, and biological 
        harbor conditions relevant to ballast discharge into United 
        States waters to inform the design and implementation of ship 
        vector control technologies and practices;
            (2) developing testing protocols for determining the 
        effectiveness of vector monitoring and control technologies and 
        practices;
            (3) researching and demonstrating methods for mitigating 
        the spread of invasive species by coastal voyages, including 
        exploring the effectiveness of alternative exchange zones in 
        the near coastal areas and other methods proposed to reduce 
        transfers of organisms;
            (4) verifying the practical effectiveness of any type 
        approval process to ensure that the process produces repeatable 
        and accurate assessments of treatment effectiveness; and
            (5) evaluating the effectiveness and residual risk and 
        environmental impacts associated with any standard set with 
        respect to the ship pathway through experimental research.
    (b) Working Group.--Not later than 2 years after the issuance by 
the Coast Guard of any standard relating to the introduction by ships 
of invasive species, the Coast Guard shall convene a working group 
including the Environmental Protection Agency, the administering 
agencies, and other appropriate Federal and State agencies and academic 
researchers, to evaluate the effectiveness of that standard and 
accompanying implementation protocols. The duties of the working group 
shall, at a minimum, include--
            (1) reviewing the effectiveness of the standard in reducing 
        the establishment of invasive species in aquatic ecosystems, 
        taking into consideration the data collected under section 144; 
        and
            (2) developing recommendations to the Coast Guard for the 
        revision of such standard and type approval process to ensure 
        effectiveness in reducing introductions and accurate shipboard 
        monitoring of treatment performance that is simple and 
        streamlined, which shall be made widely available to the 
        public.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for each of the fiscal years 2010 through 2014 $1,500,000 
for the Coast Guard and $1,500,000 for the Environmental Protection 
Agency to carry out subsection (a).

SEC. 149. 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 programs in systematics and 
taxonomy.
    (b) Goals.--The goals of the program under this section are to--
            (1) encourage scientists to pursue careers in systematics 
        and taxonomy to ensure a continuing knowledge base in these 
        disciplines;
            (2) ensure that there will be adequate expertise in 
        systematics and taxonomy to support Federal, State, and local 
        needs to identify species;
            (3) develop this expertise throughout the United States 
        with an emphasis on regional diversity; and
            (4) 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) Criteria.--Grants shall be awarded under this section on a 
merit-reviewed competitive basis. Emphasis shall be placed on funding 
proposals in a diverse set of ecosystems and geographic locations, and, 
when applicable, integrated with the United States Long Term Ecological 
Research Network. Preference shall be given to proposals that will 
include student participation, and to institutions and museums that 
actively train students to become experts in taxonomy and systematics.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the National Science Foundation for carrying out this 
section $2,500,000 for each of the fiscal years 2010 through 2014.

SEC. 150. STATE PROGRAMS.

    (a) Plan.--The administering agencies, in cooperation with the 
appropriate State agencies, shall develop a plan to--
            (1) conduct a survey of methods States and Federal agencies 
        are using to control or eradicate aquatic invasive species;
            (2) facilitate the exchange of information among States and 
        Federal agencies on methods States or Federal agencies have 
        found to be effective at controlling or eradicating aquatic 
        invasive species and the costs of those methods; and
            (3) evaluate the cost-effectiveness of the various methods 
        States and Federal agencies are using to control or eradicate 
        aquatic invasive species.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the administering agencies shall jointly transmit to the 
Congress the plan described in subsection (a) and the expected costs of 
carrying out the plan.

                  Subtitle C--Invasive Species Council

SEC. 161. SHORT TITLE.

    This subtitle may be cited as the ``National Invasive Species 
Council Act''.

SEC. 162. STATEMENT OF POLICY REGARDING FEDERAL DUTIES.

    (a) In General.--No Federal agency may authorize, fund, or carry 
out any action that would likely cause or promote the introduction or 
spread of an invasive species in the United States or any other 
location, unless the head of the Federal agency, at his or her sole 
discretion and pursuant to guidelines developed under subsection (b), 
determines that--
            (1) the benefits of the action under consideration clearly 
        outweigh the potential harm to the environment, economy, or 
        human health caused by the introduction or spread of the 
        invasive species; and
            (2) all feasible and prudent measures to minimize risk of 
        harm to the environment, economy, or human health will be taken 
        in carrying out the actions.
    (b) Guidelines.--The Council for Environmental Quality, in 
conjunction with the Invasive Species Council, shall develop guidelines 
for Federal agencies to analyze actions pursuant to this section.

SEC. 163. NATIONAL INVASIVE SPECIES COUNCIL.

    (a) Establishment.--There is established as an independent entity 
within the executive branch the National Invasive Species Council. The 
Council shall provide leadership and coordination among Federal 
agencies, and between the Federal Government and State and local 
governments, with respect to effort to minimize the economic, 
ecological, and human health impacts that invasive species cause and 
reduce the threat of further invasions.
    (b) Membership.--
            (1) In general.--The Council shall consist of the following 
        members:
                    (A) The Secretary of the Interior.
                    (B) The Secretary of Agriculture.
                    (C) The Secretary of Commerce.
                    (D) The Secretary of State.
                    (E) The Secretary of the Treasury.
                    (F) The Secretary of Defense.
                    (G) The Secretary of Transportation.
                    (H) The Secretary of Health and Human Services.
                    (I) The Administrator of the Environmental 
                Protection Agency.
                    (J) The Administrator of the United States Agency 
                for International Development.
                    (K) Such additional members as may be appointed 
                under paragraph (2).
            (2) Additional members.--With the concurrence of a majority 
        of the members of the Council, the Chair of the Council may 
        appoint additional members to the Council from among 
        individuals who are officers or employees of the Federal 
        Government with significant responsibilities concerning 
        invasive species.
    (c) Chair.--The Secretary of the Interior shall serve as chair of 
the Council for the 3-year period beginning on the date of the 
enactment of this Act. Thereafter, the chair shall rotate every 3 years 
among the following members, in the order stated:
            (1) The Secretary of Agriculture.
            (2) The Secretary of Commerce.
            (3) The Secretary of the Interior.
    (d) Meetings.--The Council shall meet at least semiannually, at the 
call of the chair.
    (e) Executive Director.--
            (1) Appointment.--The President shall appoint the Executive 
        Director of the Council, by and with the advice and consent of 
        the Senate.
            (2) Consultation.--Before appointing an individual under 
        paragraph (1), the President shall consult with the Secretary 
        of the Interior, the Secretary of Agriculture, and the 
        Secretary of Commerce.
            (3) Qualifications.--An individual appointed under this 
        subsection must have legal or scientific experience and 
        training in the area of natural resources, ecology, or 
        agriculture, and experience in dealing with public policy 
        matters regarding aquatic and terrestrial invasive species.
            (4) Term.--The Executive Director of the Council shall 
        serve a term of six years, unless removed earlier by the 
        President.
            (5) Compensation.--The Executive Director shall be paid at 
        the maximum rate of basic pay for GS-15 of the General 
        Schedule.

SEC. 164. DUTIES.

    (a) In General.--The Council shall ensure that Federal agency 
efforts concerning invasive species are coordinated, effective, 
complementary, and cost-efficient.
    (b) Specific Functions.--To carry out subsection (a) the Council 
shall perform the following functions:
            (1) Coordinate with existing organizations addressing 
        invasive species, such as the Aquatic Nuisance Species Task 
        Force, the Federal Interagency Committee for the Management of 
        Noxious and Exotic Weeds, regional panels established under the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4701 et seq.), and the White House Office of 
        Science and Technology Policy, to implement the National 
        Management Plan.
            (2) Develop recommendations for international cooperation 
        between Federal and State Governments and other nations on 
        tools, policies, and methods to prevent the introduction and 
        export of invasive species into and from, respectively, the 
        United States.
            (3) Develop guidelines for Federal agency efforts to ensure 
        that Federal programs concerning invasive species, including 
        outreach programs, are coordinated with State, local, and 
        tribal governments.
            (4) Develop, in consultation with the Council on 
        Environmental Quality, guidance to Federal agencies pursuant to 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.) on prevention, control, and eradication of invasive 
        species.
            (5) Establish and maintain a publicly accessible, 
        coordinated, up-to-date information sharing system that--
                    (A) allows the access to and exchange of 
                information among Federal agencies and the public; and
                    (B) utilizes, to the greatest extent practicable, 
                the Internet.
            (6) Ensure that Federal agencies implement the plans, 
        programs, and policies adopted by the Council in the National 
        Management Plan through appropriate actions, including working 
        in cooperation with Federal agencies on development of budgets 
        pursuant to the President's annual budget submission to the 
        Congress.
            (7) Evaluate Federal programs that are likely to cause or 
        promote the introduction or spread of invasive species in the 
        United States, and recommend actions Federal agencies can take 
        to minimize the risk of introductions or further spread of 
        invasive species.
            (8) Develop and submit to the appropriate Committees of the 
        House of Representatives and Senate and the Director of the 
        Office of Management and Budget an annual list of priorities, 
        ranked in high, medium, and low categories, of Federal efforts 
        and programs in the following areas:
                    (A) Prevention.
                    (B) Eradication.
                    (C) Control.
                    (D) Monitoring.
                    (E) Research.
                    (F) Outreach.

SEC. 165. NATIONAL INVASIVE SPECIES MANAGEMENT PLAN.

    (a) Development.--
            (1) In general.--The Council shall develop a National 
        Invasive Species Management Plan that details and recommends 
        performance-oriented goals and specific measures of success for 
        carrying out each of the Federal agency activities related to 
        invasive species.
            (2) Development process.--The National Management Plan 
        shall be developed through a public process and in consultation 
        with Federal agencies, appropriate State and local entities, 
        and other appropriate stakeholders.
            (3) Contents.--The National Management Plan shall include 
        recommendations of effective, cost-efficient, environmentally 
        sound, and science-based approaches for the following:
                    (A) Prevention of the introduction of invasive 
                species, including approaches for identifying pathways 
                by which invasive species are introduced and for 
                minimizing the risk of introductions via those 
                pathways. Recommended approaches under this 
                subparagraph shall provide for--
                            (i) a process to evaluate risks associated 
                        with the introduction and spread of invasive 
                        species; and
                            (ii) a coordinated and systematic risk-
                        based process to identify, monitor, and 
                        interdict pathways that may be involved in the 
                        introduction of invasive species.
                    (B) Cooperating with other nations to increase 
                their capacity to control their invasive species and to 
                prevent the spread of invasive species across 
                international borders.
                    (C) Rapidly detecting and responding to incipient 
                invasions of invasive species.
                    (D) Managing new and established populations of 
                invasive species by eradicating them or controlling 
                their spread.
                    (E) Accurately and reliably monitoring new and 
                established populations of invasive species.
                    (F) Restoring native species and habitat conditions 
                in ecosystems that have been invaded by invasive 
                species.
                    (G) Evaluating and documenting the impacts of 
                invasive species on the economy, the environment, and 
                human health.
                    (H) Conducting research on the matters referred to 
                in subparagraphs (A) through (F).
                    (I) Developing technologies to prevent the 
                introduction and provide for the management of invasive 
                species.
                    (J) Promoting public education on invasive species 
                and the means to address them.
            (4) Identification of needed personnel, etc.--The National 
        Management Plan shall identify the personnel, other resources, 
        and additional levels of coordination needed to achieve the 
        goals included in the plan.
    (b) Existing Plan.--The Management Plan of the National Invasive 
Species Council adopted in 2001 shall be treated as the National 
Management Plan required under subsection (a) until the date of the 
issuance of the National Management plan in accordance with subsection 
(c).
    (c) Issuance and Update of National Management Plan.--The Council 
shall--
            (1) issue the National Management Plan required under 
        subsection (a) by not later than December 31, 2010;
            (2) update the National Management Plan by not later than 
        December 31 biennially; and
            (3) concurrently with the process of updating the National 
        Management Plan, evaluate and report to the Congress on success 
        in achieving the goals set forth in the National Management 
        Plan.
    (d) Agency Reports.--Within 18 months after the date of the 
issuance of any edition of the National Management Plan that recommends 
action by a Federal agency, the head of such agency shall report to the 
Congress any of such actions that the agency has not taken, with an 
explanation of why the action is not feasible.

SEC. 166. INVASIVE SPECIES ADVISORY COMMITTEE.

    (a) In General.--The Council shall have an advisory committee to 
provide information and advice for consideration by the Council, which 
shall be known as the Invasive Species Advisory Committee. Except as 
otherwise provided in this section, the advisory committee shall be 
organized, perform the functions, and have the authorities specified in 
the charter for such advisory committee signed by the Secretary of the 
Interior on October 30, 2001.
    (b) Appointment.--Members of the advisory committee shall be 
appointed by the chair of the Council, after consultation with the 
other members of the Council, from among individuals representing 
stakeholders with respect to Federal programs for minimizing the 
economic, ecological, and human health impacts that invasive species 
cause.
    (c) Functions.--In addition to the functions specified in the 
charter referred to in subsection (a), the advisory committee shall 
recommend to the Council plans and actions at local, tribal, State, 
regional, and ecosystem-based levels to achieve the goals of the 
National Management Plan required under 165.
    (d) Continuing Operation of Existing Committee.--Any advisory 
committee appointed before the date of the enactment of this Act 
pursuant to the charter referred to in subsection (a) may continue in 
effect under this section.

SEC. 167. BUDGET CROSSCUT.

    The Director of the Office of Management and Budget shall prepare 
and submit to the Congress and the Council, by not later than March 31, 
2010, and of each year thereafter, a budget analysis and summary of all 
Federal programs relating to invasive species.

SEC. 168. DEFINITIONS.

    In this Act:
            (1) Council.--The term ``Council'' means the National 
        Invasive Species Council established by section 163(a).
            (2) Invasive species.--The term ``invasive species'' means 
        a species--
                    (A) that is nonnative to the ecosystem under 
                consideration; and
                    (B) the introduction of which causes or may cause 
                harm to the economy, the environment, or human health.
            (3) National management plan.--The term ``National 
        Management Plan'' means the National Invasive Species 
        Management Plan developed by the Council under section 165(a).
            (4) Species.--The term ``species'' means a category of 
        taxonomic classification ranking below a genus or subgenus and 
        consisting of related organisms capable of interbreeding.

SEC. 169. EXISTING EXECUTIVE ORDER.

    Executive Order 13112, dated February 3, 1999, shall have no force 
or effect.

SEC. 170. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$2,000,000 for each of fiscal years 2010 through 2014.

                        TITLE II--COASTAL HEALTH

SEC. 201. TECHNICAL ASSISTANCE.

    (a) Technical Assistance for Rural and Small Treatment Works.--
Section 104(b) of the Federal Water Pollution Control Act (33 U.S.C. 
1254(b)) is amended--
            (1) by redesignating paragraphs (1) through (7) as 
        subparagraphs (A) through (G), respectively, and indenting the 
        subparagraphs appropriately;
            (2) by striking ``(b) In carrying out'' and inserting the 
        following:
    ``(b) Authorized Activities.--
            ``(1) In general.--In carrying out'';
            (3) in paragraph (1) (as designated by paragraph (2))--
                    (A) by striking ``paragraph (1) of subsection (a)'' 
                each place it appears and inserting ``subsection 
                (a)(1)'';
                    (B) in subparagraph (C) (as redesignated by 
                paragraph (1)), by striking ``of this section'';
                    (C) in subparagraph (F) (as redesignated by 
                paragraph (1)), by striking ``thereof; and'' and 
                inserting ``of the effects;'';
                    (D) in subparagraph (G) (as redesignated by 
                paragraph (1)), by striking the period at the end and 
                inserting ``; and''; and
                    (E) by adding at the end the following:
                    ``(H) make grants to nonprofit organizations--
                            ``(i) to provide technical assistance to 
                        rural and small municipalities for the purpose 
                        of assisting, in consultation with the State in 
                        which the assistance is provided, the 
                        municipalities in the planning, development, 
                        and acquisition of financing for wastewater 
                        infrastructure assistance;
                            ``(ii) to capitalize revolving loan funds 
                        for the purpose of providing loans, in 
                        consultation with the State in which the 
                        assistance is provided and in accordance with 
                        paragraph (2), to rural and small 
                        municipalities for--
                                    ``(I) predevelopment costs 
                                associated with wastewater 
                                infrastructure projects; and
                                    ``(II) short-term costs incurred 
                                for the replacement of equipment that 
                                is not part of a regular operation or 
                                maintenance activity for an existing 
                                wastewater system;
                            ``(iii) to provide technical assistance and 
                        training for rural and small publicly owned 
                        treatment works and decentralized wastewater 
                        treatment systems to enable the treatment works 
                        and systems to--
                                    ``(I) protect water quality; and
                                    ``(II) achieve and maintain 
                                compliance with the requirements of 
                                this Act; and
                            ``(iv) to disseminate information to rural 
                        and small municipalities and municipalities 
                        that meet the affordability criteria 
                        established by the State in which the 
                        municipality is located under section 603(i)(2) 
                        with respect to planning, design, construction, 
                        and operation of publicly owned treatment works 
                        and decentralized wastewater treatment 
                        systems.''; and
            (4) by adding at the end the following:
            ``(2) Loan conditions.--
                    ``(A) In general.--A loan provided under paragraph 
                (1)(H)(ii) shall--
                            ``(i) be provided at a below-market 
                        interest rate;
                            ``(ii) be provided in an amount not to 
                        exceed $100,000; and
                            ``(iii) extend for a term of not more than 
                        10 years.
                    ``(B) Repayment.--Repayment of a loan provided 
                under paragraph (1)(H)(ii) shall be credited to the 
                water pollution control revolving loan fund of the 
                appropriate State under section 603.''.
    (b) Authorization of Appropriations.--Section 104(u) of the Federal 
Water Pollution Control Act (33 U.S.C. 1254(u)) is amended--
            (1) by striking ``(u) There is authorized to be 
        appropriated (1) not'' and inserting the following:
    ``(u) Authorization of Appropriations.--There are authorized to be 
appropriated--
            ``(1) not'';
            (2) in paragraph (1), by striking ``provisions; (2) not'' 
        and inserting the following: ``provisions;
            ``(2) not'';
            (3) in paragraph (2), by striking ``subsection (g)(1); (3) 
        not'' and inserting the following: ``subsection (g)(1);
            ``(3) not'';
            (4) in paragraph (3), by striking ``subsection (g)(2); (4) 
        not'' and inserting the following: ``subsection (g)(2);
            ``(4) not'';
            (5) in paragraph (4), by striking ``subsection (p); (5) 
        not'' and inserting the following: ``subsection (p);
            ``(5) not'';
            (6) in paragraph (5), by striking ``subsection (r); and (6) 
        not'' and inserting the following: ``subsection (r);
            ``(6) not'';
            (7) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (8) by adding at the end the following:
            ``(7) for each of fiscal years 2010 through 2014, not more 
        than $75,000,000 to carry out subparagraphs (C) and (H) of 
        subsection (b)(1), of which, during any fiscal year--
                    ``(A) not less than 20 percent shall be used to 
                carry out subsection (b)(1)(H); and
                    ``(B) not more than \1/3\ of the amount used under 
                subparagraph (A) shall be used to carry out subsection 
                (b)(1)(H)(ii).''.
    (c) Competitive Procedures for Awarding Grants.--Section 104 of the 
Federal Water Pollution Control Act (33 U.S.C. 1254) is amended by 
adding at the end the following:
    ``(w) Competitive Procedures for Awarding Grants.--The 
Administrator shall establish procedures that promote competition and 
openness, to the maximum extent practicable, in the award of grants to 
nonprofit private agencies, institutions, and organizations under this 
section.''.

SEC. 202. SEWER OVERFLOW CONTROL GRANTS.

    Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 
1301) is amended by striking subsection (c) and inserting the 
following:
    ``(c) Definition of Financially Distressed Community.--A 
financially distressed community referred to in subsection (b) is a 
community that meets the affordability criteria established by the 
State in which the community is located under section 603(i)(2).''.

SEC. 203. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

    (a) Extended Payment Period.--Section 603(d)(1) of the Federal 
Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended--
            (1) in subparagraph (A), by striking ``20 years;'' and 
        inserting the following: ``the lesser of--
                            ``(i) the design life of the project to be 
                        financed using the proceeds of the loan; or
                            ``(ii) 30 years;''; and
            (2) in subparagraph (B), by striking ``not later than 20 
        years after project completion'' and inserting ``on the 
        expiration of the term of the loan''.
    (b) Technical and Planning Assistance for Small Systems.--Section 
603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) 
is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) with respect to municipalities and intermunicipal, 
        interstate, and State agencies seeking assistance under this 
        title that serve a population of 20,000 or fewer, to provide to 
        owners and operators of small treatment works, in an amount not 
        to exceed 2 percent of the amount of total grant awards made 
        under this title--
                    ``(A) technical and planning assistance; and
                    ``(B) assistance relating to--
                            ``(i) financial management;
                            ``(ii) user fee analysis;
                            ``(iii) budgeting;
                            ``(iv) capital improvement planning;
                            ``(v) facility operation and maintenance;
                            ``(vi) repair schedules; and
                            ``(vii) other activities to improve 
                        wastewater treatment plant management and 
                        operations.''.
    (c) Additional Subsidization.--Section 603 of the Federal Water 
Pollution Control Act (33 U.S.C. 1383) is amended by adding at the end 
the following:
    ``(i) Additional Subsidization.--
            ``(1) In general.--In any case in which a State provides 
        assistance to a municipality or an intermunicipal, interstate, 
        or State agency under subsection (d), the State may provide 
        additional subsidization, including forgiveness of principal 
        and negative interest loans--
                    ``(A) to benefit a municipality that--
                            ``(i) meets the affordability criteria of 
                        the State established under paragraph (2); or
                            ``(ii) does not meet the criteria 
                        established under paragraph (2), if the 
                        municipality--
                                    ``(I) seeks additional 
                                subsidization to benefit individual 
                                ratepayers in the residential user rate 
                                class;
                                    ``(II) demonstrates to the State 
                                that the ratepayers described in 
                                subclause (I) will experience a 
                                significant hardship on the increase in 
                                rates required to finance the project 
                                or activity for which the assistance is 
                                sought; and
                                    ``(III) ensures, as part of an 
                                agreement between the State and the 
                                recipient, that the additional 
                                subsidization provided under this 
                                paragraph will be directed to those 
                                ratepayers through a user charge rate 
                                system (or another appropriate method); 
                                and
                    ``(B) to implement alternative processes, 
                materials, and techniques (including nonstructural 
                protection of surface waters, new or improved methods 
                of waste treatment, and pollutant trading) that may 
                result in cost savings or increased environmental 
                benefit when compared to standard processes, materials, 
                and techniques.
            ``(2) Affordability criteria.--
                    ``(A) Establishment.--
                            ``(i) In general.--Not later than September 
                        30, 2009, after providing notice and an 
                        opportunity for public comment, a State shall 
                        establish affordability criteria to assist the 
                        State in identifying municipalities that would 
                        experience a significant hardship on the 
                        increase in rates required to finance a project 
                        or activity that is eligible for assistance 
                        under subsection (c)(1) if additional 
                        subsidization under paragraph (1) is not 
                        provided.
                            ``(ii) Factors for consideration.--In 
                        establishing criteria under clause (i), a State 
                        shall take into consideration--
                                    ``(I) income data;
                                    ``(II) population trends; and
                                    ``(III) any other data the State 
                                determines to be relevant.
                    ``(B) Existing criteria.--If a State has 
                established, after providing notice and an opportunity 
                for public comment, criteria in accordance with 
                subparagraph (A) before the date of enactment of this 
                subsection, the criteria shall be considered to be 
                affordability criteria established under that 
                subparagraph.
                    ``(C) Information to assist states.--The 
                Administrator may publish information to assist States 
                in establishing affordability criteria under 
                subparagraph (A).
            ``(3) Priority.--In providing assistance under this 
        subsection, a State may give priority to any owner or operator 
        of a project or activity that--
                    ``(A) is eligible to receive funding under 
                subsection (c)(1); and
                    ``(B) is located in a municipality that meets the 
                affordability criteria established under paragraph (2).
            ``(4) Set-aside.--
                    ``(A) In general.--For any fiscal year during which 
                more than $1,400,000,000 is made available to the 
                Administrator to carry out this title, a State shall 
                provide additional subsidization under this subsection 
                in the amount described in subparagraph (B) to entities 
                described in paragraph (1) for projects and activities 
                identified in the intended use plan of the State under 
                section 606(c) on receipt of an application for 
                additional subsidization.
                    ``(B) Amount.--The amount referred to in 
                subparagraph (A) is an amount not less than 25 percent 
                of the difference between--
                            ``(i) the total amount that would have been 
                        allotted to the State under section 604 during 
                        the appropriate fiscal year, if the amount made 
                        available to the Administrator to carry out 
                        this title during that fiscal year was equal to 
                        $1,400,000,000; and
                            ``(ii) the total amount allotted to the 
                        State under section 604 for that fiscal year.
            ``(5) Limitation.--The total amount of additional 
        subsidization provided by a State under this subsection shall 
        not exceed 30 percent of the total amount of capitalization 
        grants received by the State under this title for fiscal years 
        beginning after September 30, 2009.''.

SEC. 204. ALLOTMENT OF FUNDS.

    (a) In General.--Section 604 of the Federal Water Pollution Control 
Act (33 U.S.C. 1384) is amended by striking subsection (a) and 
inserting the following:
    ``(a) Allotments.--
            ``(1) Fiscal years 2010 and 2011.--Amounts made available 
        to carry out this title for fiscal years 2000 and 2010 shall be 
        allotted by the Administrator in accordance with the formula 
        used to calculate allotments for fiscal year 2009.
            ``(2) Fiscal year 2012 and thereafter.--Amounts made 
        available to carry out this title for fiscal year 2012 and each 
        fiscal year thereafter shall be allotted by the Administrator 
        during each fiscal year--
                    ``(A) for amounts up to $1,350,000,000, in 
                accordance with the formula used to calculate 
                allotments for fiscal year 2009; and
                    ``(B) for any amount in excess of $1,350,000,000, 
                in accordance with the formula developed by the 
                Administrator under subsection (d).''.
    (b) Planning Assistance.--Section 604(b) of the Federal Water 
Pollution Control Act (33 U.S.C. 1384(b)) is amended by striking ``1 
percent'' and inserting ``2 percent''.
    (c) Formula.--Section 604 of the Federal Water Pollution Control 
Act (33 U.S.C. 1384) is amended by adding at the end the following:
    ``(d) Formula Based on Water Quality Needs.--Not later than 
September 30, 2009, after providing notice and an opportunity for 
public comment, the Administrator shall publish an allotment formula 
for purposes of subsection (a)(2)(B) based on water quality needs, to 
be determined by the Administrator in accordance with the most recent 
survey of needs developed by the Administrator under section 516.''.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 
1387) is amended to read as follows:

``SEC. 607. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title--
            ``(1) $2,000,000,000 for fiscal year 2010;
            ``(2) $3,000,000,000 for fiscal year 2011;
            ``(3) $4,000,000,000 for fiscal year 2012;
            ``(4) $5,000,000,000 for fiscal year 2013; and
            ``(5) $6,000,000,000 for fiscal year 2014.''.

                      TITLE III--AREAS OF CONCERN

SEC. 301. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN.

    Section 118(c)(12)(H) of the Federal Water Pollution Control Act 
(33 U.S.C. 1268(c)(12)(H)) is amended by striking clause (i) and 
inserting the following:
                            ``(i) In general.--In addition to other 
                        amounts authorized to be appropriated to carry 
                        out this section, there is authorized to be 
                        appropriated to carry out this paragraph 
                        $150,000,000 for each of fiscal years 2010 
                        through 2014.''.

                    TITLE IV--CLEAN WATER AUTHORITY

SEC. 401. DEFINITION OF WATERS OF THE UNITED STATES.

    Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 
1362) is amended--
            (1) by striking paragraph (7);
            (2) by redesignating paragraphs (8) through (23) as 
        paragraphs (7) through (22), respectively; and
            (3) by adding at the end the following:
            ``(23) Waters of the united states.--The term `waters of 
        the United States' means all waters subject to the ebb and flow 
        of the tide, the territorial seas, and all interstate and 
        intrastate waters and their tributaries, including lakes, 
        rivers, streams (including intermittent streams), mudflats, 
        sandflats, wetlands, sloughs, prairie potholes, wet meadows, 
        playa lakes, natural ponds, and all impoundments of the 
        foregoing, to the fullest extent that these waters, or 
        activities affecting these waters, are subject to the 
        legislative power of Congress under the Constitution.''.

SEC. 402. CONFORMING AMENDMENTS.

    The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is 
amended--
            (1) by striking ``navigable waters of the United States'' 
        each place it appears and inserting ``waters of the United 
        States'';
            (2) in section 304(l)(1) by striking ``navigable waters'' 
        in the heading and inserting ``waters of the united states''; 
        and
            (3) by striking ``navigable waters'' each place it appears 
        and inserting ``waters of the United States''.

                       TITLE V--TOXIC SUBSTANCES

SEC. 501. MERCURY REDUCTION GRANTS.

    Section 118(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1268(c)) is amended by adding at the end the following:
            ``(14) Mercury reduction grants.--
                    ``(A) In general.--The Program Office shall provide 
                grants to Great Lakes States and Indian tribes in Great 
                Lakes States to carry out projects to reduce the 
                quantity of mercury in the Great Lakes.
                    ``(B) Application.--Each Great Lake State or Indian 
                tribe that seeks a grant under this paragraph shall 
                submit an application to the Program Office at such 
                time, in such manner, and accompanied by or containing 
                any information that the Program Office may require.
                    ``(C) Authorization of appropriations.--There is 
                authorized to be appropriated to carry out this 
                paragraph $10,000,000 for each of fiscal years 2010 
                through 2014.''.

                  TITLE VI--INDICATORS AND INFORMATION

                      Subtitle A--Research Program

SEC. 601. RESEARCH REAUTHORIZATIONS.

    Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 
1268) is amended by--
            (1) in subsection (d) by striking paragraph (2) and 
        redesignating paragraphs (3) through (7) as paragraphs (2) 
        through (6), respectively.
            (2) by striking subsection (e) and inserting the following:
    ``(e) Research and Management Coordination.--
            ``(1) Joint plan.--
                    ``(A) In general.--Not later than September 30 of 
                each year, the Program Office, the Research Office, and 
                the Great Lakes Science Center shall prepare and submit 
                to the Executive Committee of the Regional 
                Collaboration a joint research plan for the fiscal year 
                that begins in the following calendar year.
                    ``(B) Collaboration.--The Program Office, the 
                Research Office, and the Great Lakes Science Center 
                shall consult with other appropriate Federal agencies, 
                academic institutions, State agencies, and other groups 
                conducting Great Lakes research and monitoring when 
                preparing its joint research plan.
                    ``(C) Submission to congress.--The President shall 
                include the plan described in subparagraph (A) in the 
                annual budget of the United States Government submitted 
                to Congress by the President.
            ``(2) Contents of plan.--Each plan prepared under paragraph 
        (1) shall--
                    ``(A) identify all proposed research dedicated to 
                activities carried out under the Great Lakes Water 
                Quality Agreement and any other applicable agreements 
                and amendments;
                    ``(B) include the assessment of the Regional 
                Collaboration of priorities for research needed to 
                fulfill the terms of those agreements; and
                    ``(C) identify all proposed research that may be 
                used to develop a comprehensive environmental database 
                for the Great Lakes System and establish priorities for 
                development of the database.''.

SEC. 602. GREAT LAKES ENVIRONMENTAL RESEARCH LABORATORY.

    Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 
1268) is amended--
            (1) in subsection (d)(6) by striking ``priority issues'' 
        and all that follows and inserting ``are consistent with the 
        joint research plan''; and
            (2) by striking subsection (h) and inserting the following:
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $55,000,000 for each of fiscal 
years 2010 through 2014, of which, for each fiscal year--
            ``(1) $40,000,000 shall be made available to the program 
        Office; and
            ``(2) $15,000,000 shall be made available to the Great 
        Lakes Environmental Research Laboratory.''.

SEC. 603. GREAT LAKES SCIENCE CENTER.

    There is authorized to be appropriated to the Director of the 
United States Geological Survey, for use by the Great Lakes Science 
Center, to carry out research activities that advance scientific 
knowledge and provide scientific information for restoring, enhancing, 
managing, and protecting the living marine resources and habitats in 
the Great Lakes basin ecosystem $25,000,000 for each of fiscal years 
2010 through 2014.

SEC. 604. CENTER FOR SPONSORED COASTAL OCEAN RESEARCH.

    There is authorized to be appropriated to the Director of the 
National Oceanic and Atmospheric Administration's Center for Sponsored 
Coastal Ocean Research, for use by the Center, to carry out a program 
to award grants to academic institutions, State agencies, and other 
appropriate groups to carry out activities consistent with the Joint 
Research Plan developed under subsection (e) of section 1268 of title 
33, United States Code, that advances scientific knowledge and provides 
scientific information for restoring, enhancing, managing, and 
protecting the living marine resources and habitats in the Great Lakes 
basin ecosystem $25,000,000 for each of fiscal years 2010 through 2014.

            Subtitle B--Ocean and Coastal Observation System

SEC. 611. DEFINITIONS.

    In this Act:
            (1) Council.--The term ``Council'' means the National Ocean 
        Research Leadership Council.
            (2) Great lake.--The term ``Great Lake'' means--
                    (A) Lake Erie;
                    (B) Lake Huron (including Lake Saint Clair);
                    (C) Lake Michigan;
                    (D) Lake Ontario;
                    (E) Lake Superior; and
                    (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.
            (3) Observing system.--The term ``observing system'' means 
        the integrated coastal, ocean, and Great Lakes observing system 
        to be established by the Committee under section 612(a).
            (4) Interagency program office.--The term ``interagency 
        program office'' means the office established under section 
        612(d).

SEC. 612. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.

    (a) Establishment.--
            (1) In general.--The President, acting through the Council, 
        shall establish and maintain an integrated system of ocean and 
        coastal observations, data communication and management, 
        analysis, modeling, research, education, and outreach designed 
        to provide data and information for the timely detection and 
        prediction of changes occurring in the ocean, coastal, and 
        Great Lakes environment that impact the social, economic, and 
        ecological systems of the United States.
            (2) Purposes.--The observing system shall provide for long-
        term, continuous, and quality-controlled observations of the 
        coasts, oceans, and Great Lakes so as to--
                    (A) improve the health of the coasts, oceans, and 
                Great Lakes of the United States;
                    (B) protect human lives and livelihoods from 
                hazards, including tsunamis, hurricanes, coastal 
                erosion, and fluctuating Great Lakes water levels;
                    (C) understand the effects of human activities and 
                natural variability on the state of the coasts, oceans, 
                and Great Lakes and the socioeconomic well-being of the 
                United States;
                    (D) provide for the sustainable use, protection, 
                and enjoyment of ocean, coastal, and Great Lakes 
                resources;
                    (E) provide information that can support the 
                eventual implementation and refinement of ecosystem-
                based management;
                    (F) supply critical information to marine-related 
                businesses, including aquaculture and fisheries; and
                    (G) support research and development to--
                            (i) ensure continuous improvement to ocean, 
                        coastal, and Great Lakes observation 
                        measurements; and
                            (ii) enhance understanding of the ocean, 
                        coastal, and Great Lakes resources of the 
                        United States.
    (b) System Elements.--To carry out the purposes of this subtitle, 
the observing system shall consist of--
            (1) a national program to fulfill national observation 
        priorities, including the ocean contribution of the United 
        States to the Global Earth Observation System of Systems and 
        the Global Ocean Observing System;
            (2) a network of regional associations to manage the 
        regional ocean and coastal observing and information programs 
        that collect, measure, and disseminate data and information 
        products to meet regional needs;
            (3) a data management and dissemination system for the 
        timely integration and dissemination of data and information 
        products from the national and regional systems;
            (4) a research and development program conducted under the 
        guidance of the Council; and
            (5) an outreach, education, and training program that 
        augments existing programs, including the National Sea Grant 
        College Program, the Centers for Ocean Sciences Education 
        Excellence program, and the National Estuarine Research Reserve 
        System, to ensure the use of the data and information for--
                    (A) improving public education and awareness of the 
                oceans of the United States; and
                    (B) building the technical expertise required to 
                operate and improve the observing system.
    (c) Council Functions.--In carrying out this section, the Council 
shall--
            (1) serve as the oversight body for the design and 
        implementation of all aspects of the observing system;
            (2) adopt plans, budgets, and standards that are developed 
        and maintained by the interagency program office in 
        consultation with the regional associations;
            (3) coordinate the observing system with other earth 
        observing activities, including the Global Ocean Observing 
        System and the Global Earth Observing System of Systems;
            (4) coordinate and administer programs of research, 
        development, education, and outreach to--
                    (A) support improvements to, and the operation of, 
                an integrated ocean and coastal observing system; and
                    (B) advance the understanding of the oceans;
            (5) establish pilot projects to develop technology and 
        methods for advancing the development of the observing system;
            (6) provide, as appropriate, support for and representation 
        on United States delegations to international meetings on ocean 
        and coastal observing programs; and
            (7) in consultation with the Secretary of State, coordinate 
        relevant Federal activities with those of other nations.
    (d) Interagency Program Office.--
            (1) In general.--The Council shall establish an interagency 
        program office to be known as ``OceanUS''.
            (2) Responsibilities.--The interagency program office shall 
        be responsible for program planning and coordination of the 
        observing system.
            (3) Requirements.--The interagency program office shall--
                    (A) prepare annual and long-term plans for 
                consideration by the Council for the design and 
                implementation of the observing system that promote 
                collaboration among Federal agencies and regional 
                associations in developing the global and national 
                observing systems, including identification and 
                refinement of a core set of variables to be measured by 
                all systems;
                    (B) coordinate the development of agency priorities 
                and budgets for implementation of the observing system, 
                including budgets for the regional associations;
                    (C) establish and refine standards and protocols 
                for data management and communications, including 
                quality standards, in consultation with participating 
                Federal agencies and regional associations;
                    (D) develop a process for the certification and 
                periodic review and recertification of the regional 
                associations;
                    (E) establish an external technical committee to 
                provide biennial review of the observing system; and
                    (F) provide for opportunities to partner or 
                contract with private sector companies in deploying 
                ocean observation system elements.
    (e) Lead Federal Agency.--
            (1) In general.--The National Oceanic and Atmospheric 
        Administration shall be the lead Federal agency for 
        implementation and operation of the observing system.
            (2) Requirements.--Based on the plans prepared by the 
        interagency program office and adopted by the Council, the 
        Administrator of the National Oceanic and Atmospheric 
        Administration shall--
                    (A) coordinate implementation, operation, and 
                improvement of the observing system;
                    (B) establish efficient and effective 
                administrative procedures for allocation of funds among 
                Federal agencies and regional associations in a timely 
                manner and according to the budget adopted by the 
                Council;
                    (C) implement and maintain appropriate elements of 
                the observing system;
                    (D) provide for the migration of scientific and 
                technological advances from research and development to 
                operational deployment;
                    (E) integrate and extend existing programs and 
                pilot projects into the operational observation system;
                    (F) certify regional associations that meet the 
                requirements of subsection (f); and
                    (G) integrate the capabilities of the National 
                Coastal Data Development Center and the Coastal 
                Services Center of the National Oceanic and Atmospheric 
                Administration, and other appropriate centers, into the 
                observing system to assimilate, manage, disseminate, 
                and archive data from regional observation systems and 
                other observation systems.
    (f) Regional Associations of Ocean and Coastal Observing Systems.--
            (1) In general.--The Administrator of the National Oceanic 
        and Atmospheric Administration may certify 1 or more regional 
        associations to be responsible for the development and 
        operation of regional ocean and coastal observing systems to 
        meet the information needs of user groups in the region while 
        adhering to national standards.
            (2) Requirements.--To be certifiable by the Administrator, 
        a regional association shall--
                    (A) demonstrate an organizational structure capable 
                of supporting and integrating all aspects of ocean and 
                coastal observing and information programs within a 
                region;
                    (B) operate under a strategic operations and 
                business plan that details the operation and support of 
                regional ocean and coastal observing systems in 
                accordance with the standards established by the 
                Council;
                    (C) provide information products for multiple users 
                in the region;
                    (D) work with governmental entities and programs at 
                all levels within the region to provide timely warnings 
                and outreach to protect the public; and
                    (E) meet certification standards developed by the 
                interagency program office in conjunction with the 
                regional associations and approved by the Council.
    (g) Prohibition on Lobbying.--Nothing in this Act authorizes a 
regional association to engage in lobbying activities (as defined in 
section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602)).
    (h) Civil Liability.--For purposes of section 1346(b)(1) and 
chapter 171 of title 28, United States Code, the Suits in Admiralty Act 
(46 U.S.C. App. 741 et seq.), and the Public Vessels Act (46 U.S.C. 
App. 781 et seq.)--
            (1) any regional ocean and coastal observing system that is 
        a designated part of a regional association certified under 
        this section shall, in carrying out the purposes of this Act, 
        be considered to be part of the National Oceanic and 
        Atmospheric Administration; and
            (2) any employee of that system, while acting within the 
        scope of the employment of the employee, carrying out those 
        purposes, shall be considered to be an employee of the 
        Government.

SEC. 613. RESEARCH, DEVELOPMENT, AND EDUCATION.

    The Council shall establish programs for research, development, 
education, and outreach for the ocean and coastal observing system, 
including projects under the National Oceanographic Partnership 
Program, consisting of--
            (1) basic research to advance knowledge of ocean and 
        coastal systems and ensure continued improvement of operational 
        products, including related infrastructure and observing 
        technology;
            (2) focused research projects to improve understanding of 
        the relationship between the coasts and oceans and human 
        activities;
            (3) large-scale computing resources and research to advance 
        modeling of ocean and coastal processes; and
            (4) a coordinated effort to build public education and 
        awareness of the ocean and coastal environment and functions 
        that integrates ongoing activities, including the National Sea 
        Grant College Program, the Centers for Ocean Sciences Education 
        Excellence, and the National Estuarine Research Reserve System.

SEC. 614. INTERAGENCY FINANCING.

    (a) In General.--The departments and agencies represented on the 
Council may participate in interagency financing and share, transfer, 
receive, obligate, and expend funds appropriated to any member of the 
Council to carry out any administrative or programmatic project or 
activity under this Act or under the National Oceanographic Partnership 
Program, including support for the interagency program office, a common 
infrastructure, and system integration for a ocean and coastal 
observing system.
    (b) Transfer of Funds.--Funds may be transferred among the 
departments and agencies described in subsection (a) through an 
appropriate instrument that specifies the goods, services, or space 
being acquired from another Council member and the costs of the same.

SEC. 615. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.

    Nothing in this title supersedes or limits the authority of the 
Secretary of the Interior under the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.).

SEC. 616. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
National Oceanic and Atmospheric Administration to carry out the 
observing system under section 612 and the research and development 
program under section 613 (including financial assistance to the 
interagency program office, the regional associations for the 
implementation of regional ocean and coastal observing systems, and the 
departments and agencies represented on the Council) $150,000,000 for 
each of fiscal years 2010 through 2014, to remain available until 
expended.
    (b) Allocation of Funds.--At least 50 percent of the funds 
appropriated to carry out the observing system under section 612 shall 
be allocated to the regional associations certified under section 
612(f) to carry out regional ocean and coastal observing systems.

SEC. 617. REPORTING REQUIREMENT.

    (a) In General.--Not later than March 31, 2012, the President, 
acting through the Council, shall submit to Congress a report on the 
programs established under sections 612 and 613.
    (b) Requirements.--The report shall include--
            (1) a description of activities carried out under the 
        programs;
            (2) an evaluation of the effectiveness of the programs; and
            (3) recommendations concerning reauthorization of the 
        programs and funding levels for the programs in succeeding 
        fiscal years.

    Subtitle C--Great Lakes Water Quality Indicators and Monitoring

SEC. 621. GREAT LAKES WATER QUALITY INDICATORS AND MONITORING.

    Section 118(c)(1) of the Federal Water Pollution Control Act (33 
U.S.C. 1268(c)(1)) is amended by striking subparagraph (B) and 
inserting the following:
                    ``(B)(i) not later than 2 years after the date of 
                enactment of this clause, in cooperation with Canada 
                and appropriate Federal agencies (including the United 
                States Geological Survey, the National Oceanic and 
                Atmospheric Administration, and the United States Fish 
                and Wildlife Service), develop and implement a set of 
                science-based indicators of water quality and related 
                environmental factors in the Great Lakes, including, at 
                a minimum, measures of toxic pollutants that have 
                accumulated in the Great Lakes for a substantial period 
                of time, as determined by the Program Office;
                    ``(ii) not later than 4 years after the date of 
                enactment of this clause--
                            ``(I) establish a Federal network for the 
                        regular monitoring of, and collection of data 
                        throughout, the Great Lakes basin with respect 
                        to the indicators described in clause (i); and
                            ``(II) collect an initial set of benchmark 
                        data from the network; and
                    ``(iii) not later than 2 years after the date of 
                collection of the data described in clause (ii)(II), 
                and biennially thereafter, in addition to the report 
                required under paragraph (10), submit to Congress, and 
                make available to the public, a report that--
                            ``(I) describes the water quality and 
                        related environmental factors of the Great 
                        Lakes (including any changes in those factors), 
                        as determined through the regular monitoring of 
                        indicators under clause (ii)(I) for the period 
                        covered by the report; and
                            ``(II) identifies any emerging problems in 
                        the water quality or related environmental 
                        factors of the Great Lakes;''.

                   TITLE VII--SUSTAINABLE DEVELOPMENT

SEC. 701. WATERFRONT RESTORATION AND REMEDIATION PROJECTS.

    (a) Definitions.--In this section:
            (1) Related area.--The term ``related area'' means land--
                    (A) located adjacent to, or in close proximity of, 
                a waterfront area; and
                    (B) that impacts or influences a waterfront area or 
                an aquatic habitat.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Under Secretary for Oceans and 
        Atmosphere.
            (3) Waterfront area.--The term ``waterfront area'' means a 
        site located adjacent to a lake, river, stream, wetland, or 
        floodplain of the United States.
    (b) Application.--An individual or entity that seeks to receive 
assistance under this section shall submit to the Secretary an 
application for the assistance in such form, by such time, and 
containing such information as the Secretary may require.
    (c) Justification and Purpose.--
            (1) Justification.--The Secretary may provide assistance to 
        eligible recipients in financing a restoration or remediation 
        project only if the Secretary finds that the proposed project 
        addresses concerns relating to--
                    (A) public health;
                    (B) public safety;
                    (C) environmental improvements; or
                    (D) economic improvements.
            (2) Purpose.--An eligible recipient of assistance may use 
        assistance made available under this section to complete a 
        restoration or remediation project for the purpose of--
                    (A) improving the surrounding ecosystem; or
                    (B) preparing land for redevelopment by Federal, 
                State, or local agencies, or private entities.
    (d) Cost Sharing.--
            (1) General assistance.--
                    (A) In general.--Except as otherwise provided in 
                this subsection, the Federal share of the cost of 
                carrying out a restoration or remediation project under 
                this section shall not exceed 65 percent, as determined 
                by the Secretary.
                    (B) Innovative technology.--The Federal share of 
                the cost of carrying out a restoration or remediation 
                project under this section that involves conducting a 
                pilot project to test a demonstration or innovative 
                technology shall not exceed 85 percent, as determined 
                by the Secretary.
            (2) Operation and maintenance.--The non-Federal share of 
        operation and maintenance costs for a restoration or 
        remediation project under this section shall be 100 percent.
            (3) Credit for work-in-kind considerations.--In determining 
        the amount of a contribution made by a non-Federal interest 
        under this section, the non-Federal interest shall receive 
        credit equal to 100 percent of the value of any land, 
        easements, rights-of-way, and relocations, and the reasonable 
        cost of services, studies, and supplies, contributed toward the 
        non-Federal share of project costs.
            (4) Liability of federal government.--The eligible 
        recipient shall hold the United States harmless from any claim 
        or damage that may arise from carrying out the restoration or 
        remediation project under this section, except any claim or 
        damage that may arise from the negligence of the Federal 
        Government or a contractor of the Federal Government.
    (e) Funding Limitation Per Project.--Of the funds provided under 
this section, not more than $5,000,000 may be allocated for an 
individual restoration or rehabilitation project.

SEC. 702. AUTHORITY OF SECRETARY TO RESTORE AND REMEDIATE WATERFRONT 
              AND RELATED AREAS.

    The Secretary, in consultation with appropriate Federal, State, and 
local agencies, is authorized to restore and remediate waterfront and 
related areas, including site characterization, planning, design, 
construction, and monitoring.

SEC. 703. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary to carry 
out this title $50,000,000 for fiscal years 2010 through 2014.

                 TITLE VIII--COORDINATION AND OVERSIGHT

SEC. 801. DEFINITIONS.

    In this title:
            (1) Collaboration.--The term ``Collaboration'' means the 
        Great Lakes Regional Collaboration established by section 
        804(a).
            (2) Executive committee.--The term ``Executive Committee'' 
        means the Great Lakes Regional Collaboration Executive 
        Committee established by section 803(a).
            (3) Executive order.--The term ``Executive Order'' means 
        Executive Order 13340 (33 U.S.C. 1268 note; relating to 
        establishment of Great Lakes Interagency Task Force and 
        promotion of regional collaboration of national significance 
        for Great Lakes).
            (4) Great lake.--The term ``Great Lake'' means--
                    (A) Lake Erie;
                    (B) Lake Huron (including Lake Saint Clair);
                    (C) Lake Michigan;
                    (D) Lake Ontario;
                    (E) Lake Superior; and
                    (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.
            (5) Great lakes city.--The term ``Great Lakes city'' means 
        a city located in the watershed basin of a Great Lake.
            (6) Great lakes tribe.--The term ``Great Lakes Tribe'' 
        means any Indian tribe, band, village, nation, or other 
        organized group or community in the watershed basin of a Great 
        Lake that is recognized by the Bureau of Indian Affairs as 
        eligible for the special programs and services provided by the 
        United States to Indians because of their status as Indians.
            (7) Saint lawrence city.--The term ``Saint Lawrence city'' 
        means a city located in the watershed basin of the Saint 
        Lawrence River.
            (8) Task force.--The term ``Task Force'' means the Great 
        Lakes Interagency Task Force established by section 802(a).

SEC. 802. GREAT LAKES INTERAGENCY TASK FORCE.

    (a) Interagency Coordination.--The Great Lakes Interagency Task 
Force, as established by the Executive Order for administrative 
purposes, is established as a task force within the Environmental 
Protection Agency.
    (b) Duties.--In addition to the duties described in the Executive 
Order, the Task Force shall--
            (1) ensure that implementation of programs and projects 
        under the authority of the Task Force members is coordinated, 
        effective, and cost-efficient;
            (2) work in cooperation with Federal agencies on the 
        development of budgets and financial plans regarding the Great 
        Lakes for inclusion in annual submissions by the President to 
        Congress of the budget of the United States; and
            (3) submit to Congress a biennial report that describes the 
        projects and activities carried out by the Collaboration during 
        the 2-year period covered by the report, including a 
        description of--
                    (A) any actions that Federal agencies can take to 
                address the biennial restoration goals;
                    (B) Federal expenditures to meet the restoration 
                goals; and
                    (C) the indicators and monitoring used to determine 
                whether the goals will be met.

SEC. 803. EXECUTIVE COMMITTEE.

    (a) In General.--There is established a Great Lakes Regional 
Collaboration Executive Committee.
    (b) Composition.--The Executive Committee shall be composed of--
            (1) the Chairperson of the Task Force;
            (2) a representative of the Governors of the Great Lakes 
        States, as agreed upon by the Governors;
            (3) a representative of the Great Lakes cities and Saint 
        Lawrence cities, as agreed upon by the majority of mayors of 
        those cities; and
            (4) a designated representative for the Great Lakes Tribes, 
        as agreed upon by those Tribes.
    (c) Duties.--The Executive Committee shall--
            (1) hold semiannual meetings to discuss Great Lakes 
        restoration goals and progress;
            (2) establish a process to receive input from interested 
        parties with respect to proposed recommendations of the 
        Executive Committee for restoration of the Great Lakes; and
            (3) submit to Congress and the Task Force a biennial report 
        that includes--
                    (A) an analysis of progress in carrying out 
                restoration of the Great Lakes, including meeting the 
                goals and recommendations in the restoration and 
                protection strategy developed by the Great Lakes 
                Regional Collaboration and this Act; and
                    (B) recommendations on future priorities and 
                actions with respect to that restoration.
    (d) Subcommittees.--The members of the Executive Committee may 
designate representatives to work as 1 or more subcommittees to provide 
staff support and otherwise assist in carrying out responsibilities of 
the Executive Committee relating to the Collaboration.

SEC. 804. GREAT LAKES REGIONAL COLLABORATION.

    (a) In General.--There is established the Great Lakes Regional 
Collaboration.
    (b) Composition.--The Collaboration shall be composed of--
            (1) the members of the Executive Committee; and
            (2) each other individual and entity that notifies the 
        Executive Committee of the desire and intent of the individual 
        or entity to participate in the Collaboration.
    (c) Duties.--The Collaboration shall--
            (1) develop a restoration and protection strategy to 
        provide information for use in future Great Lakes program 
        implementation and funding decisions;
            (2) serve as a forum for addressing near-term regional 
        issues relating to ecosystem restoration and protection of the 
        Great Lakes; and
            (3) establish an oversight forum to coordinate and enhance 
        implementation of Great Lakes programs.
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