[Congressional Record Volume 142, Number 133 (Tuesday, September 24, 1996)]
[House]
[Pages H10918-H10927]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 NATIONAL INVASIVE SPECIES ACT OF 1996

  Mr. BOEHLERT. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3217) to provide for ballast water management to prevent the 
introduction and spread of nonindigenous species into the waters of the 
United States, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3217

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

     SECTION 1. SHORT TITLE; REFERENCES.

       (a) In General.--This Act may be cited as the ``National 
     Invasive Species Act of 1996''.
       (b) References.--Whenever in this Act an amendment or 
     repeal is expressed in terms of an amendment to or repeal of 
     a section or other provision, the reference shall be 
     considered to be made to a section or other provision of the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4701 et seq.).

     SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC NUISANCE 
                   PREVENTION AND CONTROL ACT OF 1990.

       (a) Findings; Definitions.--
       (1) Findings.--Section 1002(a) (16 U.S.C. 4701(a)) is 
     amended--
       (A) by striking paragraphs (2) and (3) and inserting the 
     following new paragraphs:
       ``(2) when environmental conditions are favorable, 
     nonindigenous species become established, may compete with or 
     prey upon native species of plants, fish, and wildlife, may 
     carry diseases or parasites that affect native species, and 
     may disrupt the aquatic environment and economy of affected 
     nearshore areas;
       ``(3) the zebra mussel was unintentionally introduced into 
     the Great Lakes and has infested--
       ``(A) waters south of the Great Lakes, into a good portion 
     of the Mississippi River drainage;
       ``(B) waters west of the Great Lakes, into the Arkansas 
     River in Oklahoma; and
       ``(C) waters east of the Great Lakes, into the Hudson River 
     and Lake Champlain;'';
       (B) in paragraph (4)--
       (i) by inserting ``by the zebra mussel and ruffe, round 
     goby, and other nonindigenous species'' after ``other 
     species''; and
       (ii) by striking ``and'' at the end;
       (C) in paragraph (5), by striking the period and inserting 
     a semicolon; and
       (D) by adding at the end the following new paragraphs:
       ``(6) in 1992, the zebra mussel was discovered at the 
     northernmost reaches of the Chesapeake Bay watershed;
       ``(7) the zebra mussel poses an imminent risk of invasion 
     in the main waters of the Chesapeake Bay;
       ``(8) since the Chesapeake Bay is the largest recipient of 
     foreign ballast water on the East Coast, there is a risk of 
     further invasions of other nonindigenous species;
       ``(9) the zebra mussel is only one example of thousands of 
     nonindigenous species that have become established in waters 
     of the United States and may be causing economic and 
     ecological degradation with respect to the natural resources 
     of waters of the United States;
       ``(10) since their introduction in the early 1980's in 
     ballast water discharges, ruffe--
       ``(A) have caused severe declines in populations of other 
     species of fish in Duluth Harbor (in Minnesota and 
     Wisconsin);
       ``(B) have spread to Lake Huron; and
       ``(C) are likely to spread quickly to most other waters in 
     North America if action is not taken promptly to control 
     their spread;
       ``(11) examples of nonindigenous species that, as of the 
     date of enactment of the National Invasive Species Act of 
     1996, infest coastal waters of the United States and that 
     have the potential for causing adverse economic and 
     ecological effects include--
       ``(A) the mitten crab (Eriocher sinensis) that has become 
     established on the Pacific Coast;
       ``(B) the green crab (Carcinus maenas) that has become 
     established in the coastal waters of the Atlantic Ocean;
       ``(C) the brown mussel (Perna perna) that has become 
     established along the Gulf of Mexico; and
       ``(D) certain shellfish pathogens;
       ``(12) many aquatic nuisance vegetation species, such as 
     Eurasian watermilfoil, hydrilla, water hyacinth, and water 
     chestnut, have been introduced to waters of the United States 
     from other parts of the world causing or having a potential 
     to cause adverse environmental, ecological, and economic 
     effects;
       ``(13) if preventive management measures are not taken 
     nationwide to prevent and control unintentionally introduced 
     nonindigenous aquatic species in a timely manner, further 
     introductions and infestations of species that are as 
     destructive as, or more destructive than, the zebra mussel or 
     the ruffe infestations may occur;
       ``(14) once introduced into waters of the United States, 
     aquatic nuisance species are unintentionally transported and 
     introduced into inland lakes and rivers by recreational 
     boaters, commercial barge traffic, and a variety of other 
     pathways; and
       ``(15) resolving the problems associated with aquatic 
     nuisance species will require the participation and 
     cooperation of the Federal Government and State governments, 
     and investment in the development of prevention 
     technologies.''.
       (2) Definitions.--Section 1003 (16 U.S.C. 4702) is 
     amended--
       (A) by striking paragraph (1) and redesignating paragraphs 
     (2) through (8) as paragraphs (1) through (7), respectively;
       (B) in paragraph (2), as redesignated by subparagraph (A) 
     of this paragraph, by striking ``assistant Secretary'' and 
     inserting ``Assistant Secretary'';
       (C) by redesignating paragraphs (9) through (15) as 
     paragraphs (11) through (17), respectively; and
       (D) by inserting after paragraph (7), as redesignated by 
     subparagraph (A) of this paragraph, the following:
       ``(8) `Great Lakes region' means the 8 States that border 
     on the Great Lakes;
       ``(9) `Indian tribe' means any Indian tribe, band, nation, 
     or other organized group or community, including any Alaska 
     Native village or regional corporation (as defined in or 
     established pursuant to the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1601 et seq.)) that is recognized as eligible 
     for the special programs and services provided by the United 
     States to Indians because of their status as Indians;
       ``(10) `interstate organization' means an entity--
       ``(A) established by--
       ``(i) an interstate compact that is approved by Congress;
       ``(ii) a Federal statute; or
       ``(iii) a treaty or other international agreement with 
     respect to which the United States is a party; and
       ``(B)(i) that represents 2 or more--
       ``(I) States or political subdivisions thereof; or
       ``(II) Indian tribes; or
       ``(ii) that represents--
       ``(I) 1 or more States or political subdivisions thereof; 
     and
       ``(II) 1 or more Indian tribes; or
       ``(iii) that represents the Federal Government and 1 or 
     more foreign governments; and
       ``(C) has jurisdiction over, serves as forum for 
     coordinating, or otherwise has a role or responsibility for 
     the management of, any land or other natural resource;''.
       (b) Aquatic Nuisance Species Control Program.--
       (1) Amendment to heading.--The heading to subtitle B (16 
     U.S.C. 4711 et seq.) is amended to read as follows:
      ``Subtitle B--Prevention of Unintentional Introductions of 
                    Nonindigenous Aquatic Species''.
       (2) Aquatic nuisance species.--Section 1101 (16 U.S.C. 
     4711) is amended to read as follows:

     ``SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED 
                   STATES.

       ``(a) Great Lakes Guidelines.--
       ``(1) In general.--Not later than 6 months after the date 
     of enactment of this Act, the Secretary shall issue voluntary 
     guidelines to prevent the introduction and spread of aquatic 
     nuisance species into the Great Lakes through the exchange of 
     ballast water of vessels prior to entering those waters.
       ``(2) Content of guidelines.--The guidelines issued under 
     this subsection shall--
       ``(A) ensure to the maximum extent practicable that ballast 
     water containing aquatic nuisance species is not discharged 
     into the Great Lakes;

[[Page H10919]]

       ``(B) protect the safety of--
       ``(i) each vessel; and
       ``(ii) the crew and passengers of each vessel;
       ``(C) take into consideration different vessel operating 
     conditions; and
       ``(D) be based on the best scientific information 
     available.
       ``(b) Regulations.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Task Force, shall issue regulations to prevent the 
     introduction and spread of aquatic nuisance species into the 
     Great Lakes through the ballast water of vessels.
       ``(2) Content of regulations.--The regulations issued under 
     this subsection shall--
       ``(A) apply to all vessels equipped with ballast water 
     tanks that enter a United States port on the Great Lakes 
     after operating on the waters beyond the exclusive economic 
     zone;
       ``(B) require a vessel to--
       ``(i) carry out exchange of ballast water on the waters 
     beyond the exclusive economic zone prior to entry into any 
     port within the Great Lakes;
       ``(ii) carry out an exchange of ballast water in other 
     waters where the exchange does not pose a threat of 
     infestation or spread of aquatic nuisance species in the 
     Great Lakes and other waters of the United States, as 
     recommended by the Task Force under section 1102(a)(1); or
       ``(iii) use environmentally sound alternative ballast water 
     management methods if the Secretary determines that such 
     alternative methods are as effective as ballast water 
     exchange in preventing and controlling infestations of 
     aquatic nuisance species;
       ``(C) not affect or supersede any requirements or 
     prohibitions pertaining to the discharge of ballast water 
     into waters of the United States under the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.);
       ``(D) provide for sampling procedures to monitor compliance 
     with the requirements of the regulations;
       ``(E) prohibit the operation of a vessel in the Great Lakes 
     if the master of the vessel has not certified to the 
     Secretary or the Secretary's designee by not later than the 
     departure of that vessel from the first lock in the St. 
     Lawrence Seaway that the vessel has complied with the 
     requirements of the regulations;
       ``(F) protect the safety of--
       ``(i) each vessel; and
       ``(ii) the crew and passengers of each vessel;
       ``(G) take into consideration different operating 
     conditions; and
       ``(H) be based on the best scientific information 
     available.
       ``(3) Additional regulations.--In addition to promulgating 
     regulations under paragraph (1), the Secretary, in 
     consultation with the Task Force, shall, not later than 
     November 4, 1994, issue regulations to prevent the 
     introduction and spread of aquatic nuisance species into the 
     Great Lakes through ballast water carried on vessels that 
     enter a United States port on the Hudson River north of the 
     George Washington Bridge.
       ``(4) Education and technical assistance programs.--The 
     Secretary may carry out education and technical assistance 
     programs and other measures to promote compliance with the 
     regulations issued under this subsection.
       ``(c) Voluntary National Guidelines.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the National Invasive Species Act of 1996, and 
     after providing notice and an opportunity for public comment, 
     the Secretary shall issue voluntary guidelines to prevent the 
     introduction and spread of nonindigenous species in waters of 
     the United States by ballast water operations and other 
     operations of vessels equipped with ballast water tanks.
       ``(2) Content of guidelines.--The voluntary guidelines 
     issued under this subsection shall--
       ``(A) ensure to the maximum extent practicable that aquatic 
     nuisance species are not discharged into waters of the United 
     States from vessels;
       ``(B) apply to all vessels equipped with ballast water 
     tanks that operate in waters of the United States;
       ``(C) protect the safety of--
       ``(i) each vessel; and
       ``(ii) the crew and passengers of each vessel;
       ``(D) direct a vessel that is carrying ballast water into 
     waters of the United States after operating beyond the 
     exclusive economic zone to--
       ``(i) carry out the exchange of ballast water of the vessel 
     in waters beyond the exclusive economic zone;
       ``(ii) exchange the ballast water of the vessel in other 
     waters where the exchange does not pose a threat of 
     infestation or spread of nonindigenous species in waters of 
     the United States, as recommended by the Task Force under 
     section 1102(a)(1); or
       ``(iii) use environmentally sound alternative ballast water 
     management methods, including modification of the vessel 
     ballast water tanks and intake systems, if the Secretary 
     determines that such alternative methods are at least as 
     effective as ballast water exchange in preventing and 
     controlling infestations of aquatic nuisance species;
       ``(E) direct vessels to carry out management practices that 
     the Secretary determines to be necessary to reduce the 
     probability of unintentional nonindigenous species transfer 
     resulting from--
       ``(i) ship operations other than ballast water discharge; 
     and
       ``(ii) ballasting practices of vessels that enter waters of 
     the United States with no ballast water on board;
       ``(F) provide for the keeping of records that shall be 
     submitted to the Secretary, as prescribed by the guidelines, 
     and that shall be maintained on board each vessel and made 
     available for inspection, upon request of the Secretary and 
     in a manner consistent with subsection (i), in order to 
     enable the Secretary to determine compliance with the 
     guidelines, including--
       ``(i) with respect to each ballast water exchange referred 
     to in clause (ii), reporting on the precise location and 
     thoroughness of the exchange; and
       ``(ii) any other information that the Secretary considers 
     necessary to assess the rate of effective compliance with the 
     guidelines;
       ``(G) provide for sampling procedures to monitor compliance 
     with the guidelines;
       ``(H) take into consideration--
       ``(i) vessel types;
       ``(ii) variations in the characteristics of point of origin 
     and receiving water bodies;
       ``(iii) variations in the ecological conditions of waters 
     and coastal areas of the United States; and
       ``(iv) different operating conditions;
       ``(I) be based on the best scientific information 
     available;
       ``(J) not affect or supersede any requirements or 
     prohibitions pertaining to the discharge of ballast water 
     into waters of the United States under the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.); and
       ``(K) provide an exemption from ballast water exchange 
     requirements to passenger vessels with operating ballast 
     water systems that are equipped with treatment systems 
     designed to kill aquatic organisms in ballast water, unless 
     the Secretary determines that such treatment systems are less 
     effective than ballast water exchange at reducing the risk of 
     transfers of invasive species in the ballast water of 
     passenger vessels; and
       ``(L) not apply to crude oil tankers engaged in the 
     coastwise trade.
       ``(3) Education and technical assistance programs.--Not 
     later than 1 year after the date of enactment of the National 
     Invasive Species Act of 1996, the Secretary shall carry out 
     education and technical assistance programs and other 
     measures to encourage compliance with the guidelines issued 
     under this subsection.
       ``(d) Report to Congress.--Not sooner than 24 months after 
     the date of issuance of guidelines pursuant to subsection (c) 
     and not later than 30 months after such date, and after 
     consultation with interested and affected persons, the 
     Secretary shall prepare and submit to Congress a report 
     containing the information required pursuant to paragraphs 
     (1) and (2) of subsection (e).
       ``(e) Periodic Review and Revision.--
       ``(1) In general.--Not later than 3 years after the date of 
     issuance of guidelines pursuant to subsection (c), and not 
     less frequently than every 3 years thereafter, the Secretary 
     shall, in accordance with criteria developed by the Task 
     Force under paragraph (3)--
       ``(A) assess the compliance by vessels with the voluntary 
     guidelines issued under subsection (c) and the regulations 
     promulgated under this Act;
       ``(B) establish the rate of compliance that is based on the 
     assessment under subparagraph (A);
       ``(C) assess the effectiveness of the voluntary guidelines 
     and regulations referred to in subparagraph (A) in reducing 
     the introduction and spread of aquatic nuisance species by 
     vessels; and
       ``(D) as necessary, on the basis of the best scientific 
     information available--
       ``(i) revise the guidelines and regulations referred to in 
     subparagraph (A);
       ``(ii) promulgate additional regulations pursuant to 
     subsection (f)(1); or
       ``(iii) carry out each of clauses (i) and (ii).
       ``(2) Special review and revision.--Not later than 90 days 
     after the Task Force makes a request to the Secretary for a 
     special review and revision for coastal and inland waterways 
     designated by the Task Force, the Secretary shall--
       ``(A) conduct a special review of guidelines and 
     regulations applicable to those waterways in accordance with 
     the review procedures under paragraph (1); and
       ``(B) as necessary, in the same manner as provided under 
     paragraph (1)(D)--
       ``(i) revise those guidelines;
       ``(ii) promulgate additional regulations pursuant to 
     subsection (f)(1); or
       ``(iii) carry out each of clauses (i) and (ii).
       ``(3) Criteria for effectiveness.--Not later than 18 months 
     after the date of enactment of the National Invasive Species 
     Act of 1996, the Task Force shall submit to the Secretary 
     criteria for determining the adequacy and effectiveness of 
     the voluntary guidelines issued under subsection (c).
       ``(f) Authority of Secretary.--
       ``(1) General regulations.--If, on the basis of a periodic 
     review conducted under subsection (e)(1) or a special review 
     conducted under subsection (e)(2), the Secretary determines 
     that--
       ``(A) the rate of effective compliance (as determined by 
     the Secretary) with the guidelines issued pursuant to 
     subsection (c) is inadequate; or
       ``(B) the reporting by vessels pursuant to those guidelines 
     is not adequate for the Secretary to assess the compliance 
     with those

[[Page H10920]]

     guidelines and provide a rate of compliance of vessels, 
     including the assessment of the rate of compliance of vessels 
     under subsection (e)(2),

     the Secretary shall promptly promulgate regulations that meet 
     the requirements of paragraph (2).
       ``(2) Requirements for regulations.--The regulations 
     promulgated by the Secretary under paragraph (1)--
       ``(A) shall--
       ``(i) not be promulgated sooner than 180 days following the 
     issuance of the report to Congress submitted pursuant to 
     subsection (d);
       ``(ii) make mandatory the requirements included in the 
     voluntary guidelines issued under subsection (c); and
       ``(iii) provide for the enforcement of the regulations; and
       ``(B) may be regional in scope.
       ``(3) International regulations.--The Secretary shall 
     revise regulations promulgated under this subsection to the 
     extent required to make such regulations consistent with the 
     treatment of a particular matter in any international 
     agreement, agreed to by the United States, governing 
     management of the transfer of nonindigenous aquatic species 
     by vessel.
       ``(g) Sanctions.--
       ``(1) Civil penalties.--Any person who violates a 
     regulation promulgated under subsection (b) or (f) shall be 
     liable for a civil penalty in an amount not to exceed 
     $25,000. Each day of a continuing violation constitutes a 
     separate violation. A vessel operated in violation of the 
     regulations is liable in rem for any civil penalty assessed 
     under this subsection for that violation.
       ``(2) Criminal penalties.--Any person who knowingly 
     violates the regulations promulgated under subsection (b) or 
     (f) is guilty of a class C felony.
       ``(3) Revocation of clearance.--Upon 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 
     issued under subsection (b) or (f).
       ``(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, its crew, or its passengers; and
       ``(B) the recordkeeping and reporting requirements of the 
     Act are complied with.
       ``(h) Coordination With Other Agencies.--In carrying out 
     the programs under this section, the Secretary is encouraged 
     to use, to the maximum extent practicable, the expertise, 
     facilities, members, or personnel of established agencies and 
     organizations that have routine contact with vessels, 
     including the Animal and Plant Health Inspection Service of 
     the Department of Agriculture, the National Cargo Bureau, 
     port administrations, and ship pilots' associations.
       ``(i) Consultation With Canada, Mexico, and Other Foreign 
     Governments.--In developing the guidelines issued and 
     regulations promulgated under this section, the Secretary is 
     encouraged to consult with the Government of Canada, the 
     Government of Mexico, and any other government of a foreign 
     country that the Secretary, in consultation with the Task 
     Force, determines to be necessary to develop and implement an 
     effective international program for preventing the 
     unintentional introduction and spread of nonindigenous 
     species.
       ``(j) International Cooperation.--The Secretary, in 
     cooperation with the International Maritime Organization of 
     the United Nations and the Commission on Environmental 
     Cooperation established pursuant to the North American Free 
     Trade Agreement, is encouraged to enter into negotiations 
     with the governments of foreign countries to develop and 
     implement an effective international program for preventing 
     the unintentional introduction and spread of nonindigenous 
     species.
       ``(k) Safety Exemption.--
       ``(1) Master discretion.--The master of a vessel is not 
     required to conduct a ballast water exchange if the master 
     decides that the exchange would threaten the safety or 
     stability of the vessel, its crew, or its passengers 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 
     be restricted from discharging ballast water in any harbor 
     unless the Secretary issues requirements applicable to such 
     vessel under subsection (b)(2)(B)(ii), (b)(2)(B)(iii), 
     (c)(2)(D)(ii), or (c)(2)(D)(iii).
       ``(l) Non-Discrimination.--The Secretary shall ensure that 
     vessels registered outside of the United States do not 
     receive more favorable treatment than vessels registered in 
     the United States when the Secretary performs studies, 
     reviews compliance, determines effectiveness, establishes 
     requirements, or performs any other responsibilities under 
     this Act.''.
       (c) National Ballast Water Management Information.--Section 
     1102 (16 U.S.C. 4712) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT 
                   INFORMATION.'';

       (2) in subsection (a)--
       (A) in paragraphs (1) and (2), by inserting ``, in 
     cooperation with the Secretary,'' before ``shall conduct'' 
     each place it appears;
       (B) in paragraph (2), by inserting ``Lake Champlain and 
     other'' after ``economic uses of'';
       (3) by striking subsection (b) and inserting the following:
       ``(b) Ecological and Ballast Water Discharge Surveys.--
       ``(1) Ecological surveys.--
       ``(A) In general.--The Task Force, in cooperation with the 
     Secretary, shall conduct ecological surveys of the Chesapeake 
     Bay, San Francisco Bay, and Honolulu Harbor and, as 
     necessary, of other estuaries of national significance and 
     other waters that the Task Force determines--
       ``(i) to be highly susceptible to invasion by aquatic 
     nuisance species resulting from ballast water operations and 
     other operations of vessels; and
       ``(ii) to require further study.
       ``(B) Requirements for surveys.--In conducting the surveys 
     under this paragraph, the Task Force shall, with respect to 
     each such survey--
       ``(i) examine the attributes and patterns of invasions of 
     aquatic nuisance species; and
       ``(ii) provide an estimate of the effectiveness of ballast 
     water management and other vessel management guidelines 
     issued and regulations promulgated under this subtitle in 
     abating invasions of aquatic nuisance species in the waters 
     that are the subject of the survey.
       ``(2) Ballast water discharge surveys.--
       ``(A) In general.--The Secretary, in cooperation with the 
     Task Force, shall conduct surveys of ballast water discharge 
     rates and practices in the waters referred to in paragraph 
     (1)(A) on the basis of the criteria under clauses (i) and 
     (ii) of such paragraph.
       ``(B) Requirements for surveys.--In conducting the surveys 
     under this paragraph, the Secretary shall--
       ``(i) examine the rate of, and trends in, ballast water 
     discharge in the waters that are the subject of the survey; 
     and
       ``(ii) assess the effectiveness of voluntary guidelines 
     issued, and regulations promulgated, under this subtitle in 
     altering ballast water discharge practices to reduce the 
     probability of accidental introductions of aquatic nuisance 
     species.
       ``(3) Columbia river.--The Secretary, in cooperation with 
     the Task Force and academic institutions in each of the 
     States affected, shall conduct an ecological and ballast 
     water discharge survey of the Columbia River system 
     consistent with the requirements of paragraphs (1) and 
     (2).''; and
       (4) by adding at the end the following new subsections:
       ``(e) Regional Research Grants.--Out of amounts 
     appropriated to carry out this subsection for a fiscal year, 
     the Under Secretary shall--
       ``(1) make available not to exceed $750,000 to fund 
     research on aquatic nuisance species prevention and control 
     in the Chesapeake Bay through grants, to be competitively 
     awarded and subject to peer review, to universities and 
     research institutions;
       ``(2) make available not to exceed $500,000 to fund 
     research on aquatic nuisance species prevention and control 
     in the Gulf of Mexico through grants, to be competitively 
     awarded and subject to peer review, to universities and 
     research institutions;
       ``(3) make available not to exceed $500,000 to fund 
     research on aquatic nuisance species prevention and control 
     for the Pacific Coast through grants, to be competitively 
     awarded and subject to peer review, to universities and 
     research institutions;
       ``(4) make available not to exceed $500,000 to fund 
     research on aquatic nuisance species prevention and control 
     for the Atlantic Coast through grants, to be competitively 
     awarded and subject to peer review, to universities and 
     research institutions; and
       ``(5) make available not to exceed $750,000 to fund 
     research on aquatic nuisance species prevention and control 
     in the San Francisco Bay-Delta Estuary through grants, to be 
     competitively awarded and subject to peer review, to 
     universities and research institutions.
       ``(f) National Ballast Information Clearinghouse.--
       ``(1) In general.--The Secretary shall develop and 
     maintain, in consultation and cooperation with the Task Force 
     and the Smithsonian Institution (acting through the 
     Smithsonian Environmental Research Center), a clearinghouse 
     of national data concerning--
       ``(A) ballasting practices;
       ``(B) compliance with the guidelines issued pursuant to 
     section 1101(c); and
       ``(C) any other information obtained by the Task Force 
     under subsection (b).
       ``(2) Report.--In consultation and cooperation with the 
     Task Force and the Smithsonian Institution (acting through 
     the Smithsonian Environmental Research Center), the Secretary 
     shall prepare and submit to the Task Force and the Congress, 
     on a biannual basis, a report that synthesizes and analyzes 
     the data referred to in paragraph (1) relating to--
       ``(A) ballast water delivery and management; and
       ``(B) invasions of aquatic nuisance species resulting from 
     ballast water.''.
       (d) Armed Services Ballast Water Program; Ballast Water 
     Management Demonstration Program.--Subtitle B (16 U.S.C. 4701 
     et seq.) is amended by adding at the end the following new 
     sections:

[[Page H10921]]

     ``SEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS.

       ``(a) Department of Defense Vessels.--Subject to 
     operational conditions, the Secretary of Defense, in 
     consultation with the Secretary, the Task Force, and the 
     International Maritime Organization, shall implement a 
     ballast water management program for seagoing vessels of the 
     Department of Defense to minimize the risk of introduction of 
     nonindigenous species from releases of ballast water.
       ``(b) Coast Guard Vessels.--Subject to operational 
     conditions, the Secretary, in consultation with the Task 
     Force and the International Maritime Organization, shall 
     implement a ballast water management program for seagoing 
     vessels of the Coast Guard to minimize the risk of 
     introduction of nonindigenous species from releases of 
     ballast water.

     ``SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRATION PROGRAM.

       ``(a) Technologies and Practices Defined.--For purposes of 
     this section, the term `technologies and practices' means 
     those technologies and practices that--
       ``(1) may be retrofitted--
       ``(A) on existing vessels or incorporated in new vessel 
     designs; and
       ``(B) on existing land-based ballast water treatment 
     facilities;
       ``(2) may be designed into new water treatment facilities;
       ``(3) are operationally practical;
       ``(4) are safe for a vessel and crew;
       ``(5) are environmentally sound;
       ``(6) are cost-effective;
       ``(7) a vessel operator is capable of monitoring; and
       ``(8) are effective against a broad range of aquatic 
     nuisance species.
       ``(b) Demonstration Program.--
       ``(1) In general.--During the 18-month period beginning on 
     the date that funds are made available by appropriations 
     pursuant to section 1301(e), the Secretary of the Interior 
     and the Secretary of Commerce, with the concurrence of and in 
     cooperation with the Secretary, shall conduct a ballast water 
     management demonstration program to demonstrate technologies 
     and practices to prevent aquatic nonindigenous species from 
     being introduced into and spread through ballast water in the 
     Great Lakes and other waters of the United States.
       ``(2) Location.--The installation and construction of the 
     technologies and practices used in the demonstration program 
     conducted under this subsection shall be performed in the 
     United States.
       ``(3) Vessel selection.--In demonstrating technologies and 
     practices on vessels under this subsection, the Secretary of 
     the Interior and the Secretary of Commerce, shall--
       ``(A) use only vessels that--
       ``(i) are approved by the Secretary;
       ``(ii) have ballast water systems conducive to testing 
     aboard-vessel or land-based technologies and practices 
     applicable to a significant number of merchant vessels; and
       ``(iii) are--

       ``(I) publicly or privately owned; and
       ``(II) in active use for trade or other cargo shipment 
     purposes during the demonstration;

       ``(B) select vessels for participation in the program by 
     giving priority consideration--
       ``(i) first, to vessels documented under chapter 121 of 
     title 46, United States Code;
       ``(ii) second, to vessels that are a majority owned by 
     citizens of the United States, as determined by the 
     Secretary; and
       ``(iii) third, to any other vessels that regularly call on 
     ports in the United States; and
       ``(C) seek to use a variety of vessel types, including 
     vessels that--
       ``(i) call on ports in the United States and on the Great 
     Lakes; and
       ``(ii) are operated along major coasts of the United States 
     and inland waterways, including the San Francisco Bay and 
     Chesapeake Bay.
       ``(4) Selection of technologies and practices.--In 
     selecting technologies and practices for demonstration under 
     this subsection, the Secretary of the Interior and the 
     Secretary of Commerce shall give priority consideration to 
     technologies and practices identified as promising by the 
     National Research Council Marine Board of the National 
     Academy of Sciences in its report on ships' ballast water 
     operations issued in July 1996.
       ``(5) Report.--Not later than 3 years after the date of 
     enactment of the National Invasive Species Act of 1996, the 
     Secretary of the Interior and the Secretary of Commerce shall 
     prepare and submit a report to the Congress on the 
     demonstration program conducted pursuant to this section. The 
     report shall include findings and recommendations of the 
     Secretary of the Interior and the Secretary of Commerce 
     concerning technologies and practices.
       ``(c) Authorities; Consultation and Cooperation With 
     International Maritime Organization and Task Force.--
       ``(1) Authorities.--In conducting the demonstration program 
     under subsection (b), the Secretary of the Interior may--
       ``(A) enter into cooperative agreements with appropriate 
     officials of other agencies of the Federal Government, 
     agencies of States and political subdivisions thereof, and 
     private entities;
       ``(B) accept funds, facilities, equipment, or personnel 
     from other Federal agencies; and
       ``(C) accept donations of property and services.
       ``(2) Consultation and cooperation.--The Secretary of the 
     Interior shall consult and cooperate with the International 
     Maritime Organization and the Task Force in carrying out this 
     section.''.
       (e) Amendments to Subtitle C.--
       (1) Subtitle heading.--The heading to subtitle C (16 U.S.C. 
     4721 et seq.) is amended to read as follows:
   ``Subtitle C--Prevention and Control of Aquatic Nuisance Species 
                              Dispersal''.
       (2) Task force.--Section 1201 (16 U.S.C. 4721) is amended--
       (A) in subsection (b)--
       (i) by striking ``and'' at the end of paragraph (5);
       (ii) by redesignating paragraph (6) as paragraph (7); and
       (iii) by inserting after paragraph (5) the following new 
     paragraph:
       ``(6) the Secretary of Agriculture; and''; and
       (B) in subsection (c), by inserting ``the Chesapeake Bay 
     Program, the San Francisco Bay-Delta Estuary Program,'' 
     before ``and State agencies''.
       (3) Research program.--Section 1202 (16 U.S.C. 4722) is 
     amended--
       (A) in subsection (f)(1)(A), by inserting ``and impacts'' 
     after ``economic risks''; and
       (B) in subsection (i)--
       (i) in paragraph (1)--

       (I) by striking ``(1) In general.--The Task Force'' and 
     inserting the following:

       ``(1) Zebra mussel.--
       ``(A) In general.--The Task Force'';

       (II) by striking ``(A) research'' and inserting the 
     following:

       ``(i) research'';

       (III) by striking ``(B) tracking'' and inserting the 
     following:

       ``(ii) tracking'';

       (IV) by striking ``(C) development'' and inserting the 
     following:

       ``(iii) development''; and

       (V) by striking ``(D) provision'' and inserting the 
     following:

       ``(iv) provision'';
       (ii) in paragraph (2), by striking ``(2) Public facility 
     research and development.--'' and inserting the following:
       ``(B) Public facility research and development.--'';
       (iii) in subparagraph (B) of paragraph (1), as so 
     redesignated, by striking the first sentence and inserting 
     the following: ``The Assistant Secretary, in consultation 
     with the Task Force, shall develop a program of research, 
     technology development, and demonstration for the 
     environmentally sound control of zebra mussels in and around 
     public facilities.'';
       (iv) in paragraph (1), by adding after subparagraph (B), as 
     so redesignated, the following new subparagraph:
       ``(C) Voluntary guidelines.--Not later than 1 year after 
     the date of enactment of this subparagraph, the Task Force 
     shall develop and submit to the Secretary voluntary 
     guidelines for controlling the spread of the zebra mussel 
     and, if appropriate, other aquatic nuisance species through 
     recreational activities, including boating and fishing. Not 
     later than 4 months after the date of such submission, and 
     after providing notice and an opportunity for public comment, 
     the Secretary shall issue voluntary guidelines that are based 
     on the guidelines developed by the Task Force under this 
     subparagraph.''; and
       (v) by adding at the end the following new paragraphs:
       ``(2) Dispersal containment analysis.--
       ``(A) Research.--The Administrator of the Environmental 
     Protection Agency, in cooperation with the National Science 
     Foundation and the Task Force, shall provide research grants 
     on a competitive basis for projects that--
       ``(i) identify environmentally sound methods for 
     controlling the dispersal of aquatic nuisance species, such 
     as the zebra mussel; and
       ``(ii) adhere to research protocols developed pursuant to 
     subsection (f)(2).
       ``(B) Authorization of appropriations.--There are 
     authorized to be appropriated to the Environmental Protection 
     Agency to carry out this paragraph, $500,000.
       ``(3) Dispersal barrier demonstration.--
       ``(A) In general.--The Assistant Secretary, in consultation 
     with the Task Force, shall investigate and identify 
     environmentally sound methods for preventing and reducing the 
     dispersal of aquatic nuisance species between the Great 
     Lakes-Saint Lawrence drainage and the Mississippi River 
     drainage through the Chicago River Ship and Sanitary Canal, 
     including any of those methods that could be incorporated 
     into the operation or construction of the lock system of the 
     Chicago River Ship and Sanitary Canal.
       ``(B) Report.--Not later than 18 months after the date of 
     enactment of this paragraph, the Assistant Secretary shall 
     issue a report to the Congress that includes recommendations 
     concerning--
       ``(i) which of the methods that are identified under the 
     study conducted under this paragraph are most promising with 
     respect to preventing and reducing the dispersal of aquatic 
     nuisance species; and
       ``(ii) ways to incorporate those methods into ongoing 
     operations of the United States Army Corps of Engineers that 
     are conducted at the Chicago River Ship and Sanitary Canal.
       ``(C) Authorization of appropriations.--There are 
     authorized to be appropriated to the Department of the Army, 
     to carry out this paragraph, $750,000.
       ``(4) Contributions.--To the extent allowable by law, in 
     carrying out the studies under paragraphs (2) and (3), the 
     Administrator of the Environmental Protection

[[Page H10922]]

     Agency and the Secretary of the Army may enter into an 
     agreement with an interested party under which that party 
     provides in kind or monetary contributions for the study.
       ``(5) Technical assistance.--The Great Lakes Environmental 
     Research Laboratory of the National Oceanic and Atmospheric 
     Administration shall provide technical assistance to 
     appropriate entities to assist in the research conducted 
     pursuant to this subsection.''.
       (4) Implementation.--Section 1202(j)(1) (16 U.S.C. 
     4722(j)(1)) is amended by striking ``Not later than 18 months 
     after the date of the enactment of this Act, the Director'' 
     and inserting ``The Director, the Secretary,''.
       (5) Regional Coordination.--Section 1203 (16 U.S.C. 4723) 
     is amended--
       (A) by striking the section heading and inserting the 
     following:

     ``SEC. 1203. REGIONAL COORDINATION.'';

       (B) in subsection (a)--
       (i) by striking ``(a) In General.--Not'' and inserting the 
     following:
       ``(a) Great Lakes Panel.--
       ``(1) In general.--Not'';
       (ii) by striking ``(1) identify'' and inserting the 
     following:
       ``(A) identify'';
       (iii) by striking ``(2) make'' and inserting the following:
       ``(B) make'';
       (iv) by striking ``(3) assist'' and inserting the 
     following:
       ``(C) assist'';
       (v) by striking ``(4) coordinate'' and inserting the 
     following:
       ``(D) coordinate'';
       (vi) by striking ``(5) provide'' and inserting the 
     following:
       ``(E) provide'';
       (vii) by striking ``(6) submit'' and inserting the 
     following:
       ``(F) submit'';
       (viii) in paragraph (1), as so redesignated--

       (I) in the matter preceding subparagraph (A), by inserting 
     ``region'' before ``representatives''; and
       (II) in subparagraphs (A) through (F), by striking ``Great 
     Lakes'' each place it appears and inserting ``Great Lakes 
     region'';

       (C) by striking ``(b) Consultation.--The Task Force'' and 
     inserting the following:
       ``(2) Consultation.--The Task Force'';
       (D) by striking ``(c) Canadian Participation.--The panel'' 
     and inserting the following:
       ``(3) Canadian participation.--The panel'';
       (E) in paragraphs (2) and (3) of subsection (a), as so 
     redesignated, by striking ``this section'' and inserting 
     ``this subsection''; and
       (F) by adding at the end the following new subsections:
       ``(b) Western Regional Panel.--Not later than 30 days after 
     the date of enactment of the National Invasive Species Act of 
     1996, the Task Force shall request a Western regional panel, 
     comprised of Western region representatives from Federal, 
     State, and local agencies and from private environmental and 
     commercial interests, to--
       ``(1) identify priorities for the Western region with 
     respect to aquatic nuisance species;
       ``(2) make recommendations to the Task Force regarding an 
     education, monitoring (including inspection), prevention, and 
     control program to prevent the spread of the zebra mussel 
     west of the 100th Meridian pursuant to section 1202(i) of 
     this Act;
       ``(3) coordinate, where possible, other aquatic nuisance 
     species program activities in the Western region that are not 
     conducted pursuant to this Act;
       ``(4) develop an emergency response strategy for Federal, 
     State, and local entities for stemming new invasions of 
     aquatic nuisance species in the region;
       ``(5) provide advice to public and private individuals and 
     entities concerning methods of preventing and controlling 
     aquatic nuisance species infestations; and
       ``(6) submit annually a report to the Task Force describing 
     activities within the Western region related to aquatic 
     nuisance species prevention, research, and control.
       ``(c) Additional Regional Panels.--The Task Force shall--
       ``(1) encourage the development and use of regional panels 
     and other similar entities in regions in addition to the 
     Great Lakes and Western regions (including providing 
     financial assistance for the development and use of such 
     entities) to carry out, with respect to those regions, 
     activities that are similar to the activities described in 
     subsections (a) and (b); and
       ``(2) cooperate with regional panels and similar entities 
     that carry out the activities described in paragraph (1).''.
       (6) State or interstate watershed aquatic nuisance species 
     management plan.--Section 1204 (16 U.S.C. 4724) is amended--
       (A) in subsection (a)--
       (i) by striking the subsection designation and heading and 
     inserting the following:
       ``(a) State or Interstate Invasive Species Management 
     Plans.--'';
       (ii) in paragraph (1)--

       (I) by striking the matter preceding subparagraph (A) and 
     inserting the following:

       ``(1) In general.--After providing notice and opportunity 
     for public comment, the Governor of each State may prepare 
     and submit, or the Governors of the States and the 
     governments of the Indian tribes involved in an interstate 
     organization, may jointly prepare and submit--'';

       (II) in subparagraph (A), by striking ``technical and 
     financial assistance'' and inserting ``technical, 
     enforcement, or financial assistance (or any combination 
     thereof)''; and
       (III) in subparagraphs (A) and (B), by inserting ``or 
     within the interstate region involved'' after ``within the 
     State'' each place it appears;

       (iii) in paragraph (2)--

       (I) in subparagraph (B), by striking ``and'' at the end of 
     the subparagraph;
       (II) by redesignating subparagraph (C) as subparagraph (D);
       (III) by inserting after subparagraph (B) the following:

       ``(C) identify any authority that the State (or any State 
     or Indian tribe involved in the interstate organization) does 
     not have at the time of the development of the plan that may 
     be necessary for the State (or any State or Indian tribe 
     involved in the interstate organization) to protect public 
     health, property, and the environment from harm by aquatic 
     nuisance species; and''; and

       (IV) in subparagraph (D), as so redesignated, by inserting 
     ``, and enabling legislation'' before the period;

       (iv) in paragraph (3)--

       (I) in subparagraph (A)--

       (aa) by inserting ``or interstate organization'' after 
     ``the State''; and
       (bb) by inserting ``Indian tribes,'' after ``local 
     governments and regional entities,''; and

       (II) in subparagraph (B), by inserting ``or the appropriate 
     official of an interstate organization'' after ``a State''; 
     and

       (v) in paragraph (4), by inserting ``or the interstate 
     organization'' after ``the Governor'';
       (B) in subsection (b)(1)--
       (i) by striking ``or the Assistant Secretary, as 
     appropriate under subsection (a),''; and
       (ii) by striking ``approved management plans'' and 
     inserting ``management plans approved under subsection (a)''; 
     and
       (C) by adding at the end the following new subsection:
       ``(c) Enforcement Assistance.--Upon request of a State or 
     Indian tribe, the Director or the Under Secretary, to the 
     extent allowable by law and in a manner consistent with 
     section 141 of title 14, United States Code, may provide 
     assistance to a State or Indian tribe in enforcing an 
     approved State or interstate invasive species management 
     plan.''.
       (f) Authorizations of Appropriations.--Section 1301 (16 
     U.S.C. 4741) is amended--
       (1) in subsection (a)--
       (A) by striking ``and'' at the end of paragraph (2);
       (B) by striking paragraph (3) and inserting the following;
       ``(3) to the Secretary to carry out section 1101--
       ``(A) $2,000,000 for each of fiscal years 1997 and 1998; 
     and
       ``(B) $3,000,000 for each of fiscal years 1999 through 
     2002;''; and
       (C) by adding at the end the following new paragraphs:
       ``(4) for each of fiscal years 1997 through 2002, to carry 
     out paragraphs (1) and (2) of section 1102(b)--
       ``(A) $1,000,000 to the Department of the Interior, to be 
     used by the Director; and
       ``(B) $1,000,000 to the Secretary; and
       ``(5) for each of fiscal years 1997 through 2002--
       ``(A) $3,000,000, which shall be made available from funds 
     otherwise authorized to be appropriated if such funds are so 
     authorized, to the Under Secretary to carry out section 
     1102(e); and
       ``(B) $500,000 to the Secretary to carry out section 
     1102(f).'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``1991, 1992, 1993, 1994, and 1995'' and inserting ``1997 
     through 2002''; and
       (B) by striking paragraphs (1) through (7) and inserting 
     the following:
       ``(1) $6,000,000 to the Department of the Interior, to be 
     used by the Director to carry out sections 1202 and 1209;
       ``(2) $1,000,000 to the Department of Commerce, to be used 
     by the Under Secretary to carry out section 1202;
       ``(3) $1,625,000, which shall be made available from funds 
     otherwise authorized to be appropriated if such funds are so 
     authorized, to fund aquatic nuisance species prevention and 
     control research under section 1202(i) at the Great Lakes 
     Environmental Research Laboratory of the National Oceanic and 
     Atmospheric Administration, of which $500,000 shall be made 
     available for grants, to be competitively awarded and subject 
     to peer review, for research relating to Lake Champlain;
       ``(4) $5,000,000 for competitive grants for university 
     research on aquatic nuisance species under section 1202(f)(3) 
     as follows:
       ``(A) $2,800,000, which shall be made available from funds 
     otherwise authorized to be appropriated if such funds are so 
     authorized, to fund grants under section 205 of the National 
     Sea Grant College Program Act (33 U.S.C. 1124);
       ``(B) $1,200,000 to fund grants to colleges for the benefit 
     of agriculture and the mechanic arts referred to in the first 
     section of the Act of August 30, 1890 (26 Stat. 417, chapter 
     841; 7 U.S.C. 322); and
       ``(C) $1,000,000 to fund grants through the Cooperative 
     Fisheries and Wildlife Research Unit Program of the United 
     States Fish and Wildlife Service;
       ``(5) $3,000,000 to the Department of the Army, to be used 
     by the Assistant Secretary to carry out section 
     1202(i)(1)(B); and

[[Page H10923]]

       ``(6) $300,000 to the Department of the Interior, to be 
     used by the Director to fund regional panels and similar 
     entities under section 1203, of which $100,000 shall be used 
     to fund activities of the Great Lakes Commission.'';
       (3) by striking subsection (c) and inserting the following:
       ``(c) Grants for State Management Programs.--There are 
     authorized to be appropriated for each of fiscal years 1997 
     through 2002 $4,000,000 to the Department of the Interior, to 
     be used by the Director for making grants under section 1204, 
     of which $1,500,000 shall be used by the Director, in 
     consultation with the Assistant Secretary, for management of 
     aquatic nuisance vegetation species.''; and
       (4) by adding at the end the following new subsection:
       ``(e) Ballast Water Management Demonstration Program.--
     There are authorized to be appropriated $2,500,000 to carry 
     out section 1104.''.
       (g) References to Appropriate Committees.--The Act (16 
     U.S.C. 4701 et seq.) is amended by striking ``appropriate 
     Committees'' each place it appears and inserting 
     ``Congress''.
       (h) Technical Corrections.--Public Law 101-646 (16 U.S.C. 
     4701 et seq.) is amended--
       (1) in titles I, II, and IV, by striking the quotation 
     marks at the beginning of any title, subtitle, section, 
     subsection, paragraph, subparagraph, clause, subclause, or 
     undesignated provision;
       (2) at the end of titles II and IV, by striking the closing 
     quotation marks and the final period; and
       (3) in section 1003--
       (A) by striking each single opening quotation mark and 
     inserting double opening quotation marks; and
       (B) by striking each single closing quotation mark and 
     inserting double closing quotations marks.

     SEC. 3. STATUTORY CONSTRUCTION.

       Nothing in this Act or the amendments made by this Act is 
     intended to affect the authorities and responsibilities of 
     the Great Lakes Fishery Commission established under article 
     II of the Convention on Great Lakes Fisheries between the 
     United States of America and Canada, signed at Washington on 
     September 10, 1954 (hereafter in this section referred to as 
     the ``Convention''), including the authorities and 
     responsibilities of the Great Lakes Fishery Commission--
       (1) for developing and implementing a comprehensive program 
     for eradicating or minimizing populations of sea lamprey in 
     the Great Lakes watershed; and
       (2) carrying out the duties of the Commission specified in 
     the Convention (including any amendment thereto) and the 
     Great Lakes Fishery Act of 1956 (16 U.S.C. 931 et seq.).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York [Mr. Boehlert] and the gentleman from Tennessee [Mr. Clement] each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York [Mr. Boehlert].
  Mr. BOEHLERT. Mr. Speaker, I yield myself such time as I may consume.
   Mr. Speaker, this broadly supported bipartisan legislation, and I 
stress, broadly supported and bipartisan legislation, was introduced 
and championed by Mr. LaTourette. It builds upon the 1990 act that 
addressed zebra mussels and other invasive species in the Great Lakes.
  H.R. 3217 is national in scope, extending a voluntary incentive-based 
approach to all coasts and regions at risk. Whether you call them 
invasive, exotic or nonindigenous, these species of plants, animals and 
invertebrates can wreak havoc on infrastructure, on commerce, on 
recreation and tourism, and the environment.
  H.R. 3217 coordinates agencies, research institutions and others to 
prevent and control the introduction and spread of invasive species 
primarily through voluntary ballast water exchange and management 
education and research.
  The Committee on Transportation and Infrastructure's report on H.R. 
3217 provides a detailed description of the bill and our committee's 
intent.
  Changes have been made in the suspension motion. In brief, these 
changes improve the bill by: incorporating recommendations by other 
committees on matters ranging from research grants and peer review to 
NOAA and the Smithsonian Institution; ensuring a fair and reasonable 
transition from voluntary guidelines to regulations, if necessary; 
tailoring the scope and content of the guidelines to account for 
special factors and situations; targeting research funding and 
assistance to additional areas at risk in the West; and ensuring the 
master of the vessel continues to have discretion to ensure the health 
and safety of the crew and the vessel.
  Finally, I would be remiss if I did not thank some of the members of 
the committees instrumental in moving this important legislation. But 
more than anyone else, the gentleman from Ohio [Mr. LaTourette] is 
responsible for this bill and its movement through the House. He has 
worked with all interests to build broadly supported legislation. He 
has also worked closely with his colleagues from Ohio and in the other 
body, Senator Glenn, who worked on the 1990 law and the companion 
Senate bill to H.R. 3217.
   Mr. Speaker, I do not want anyone to think that because of all the 
hard work on this that Mr. LaTourette is one-dimensional. He has 
cosponsored and been a leader in a number of legislative vehicles in 
this session of Congress dealing with the Great Lakes. Let me point out 
that the Great Lakes incorporate 20 percent of the world's fresh water 
surface water. So Mr. LaTourette has proven by performance very early 
in his distinguished career that he is a leader and a good legislator.
  We have had the Committee on Transportation and Infrastructure 
members who also deserve a great deal of congratulations for their 
efforts, particularly the gentleman from Minnesota [Mr. Oberstar], the 
ranking member of the full committee. The chairman and ranking member 
of the Subcommittee on Water Resources and Environment, the gentleman 
from Pennsylvania [Mr. Borski], who is my ranking member, and I am 
privileged to serve as chair of that subcommittee, and the chairman and 
ranking member of the Subcommittee on Coast Guard and Maritime 
Transportation, the gentleman from North Carolina [Mr. Coble], and the 
gentleman from Tennessee [Mr. Clement].
  Other committees have been helpful as well, particularly the 
Committee on Resources, also the Committee on Science, the Committee on 
House Oversight, the Committee on International Relations, the 
Committee on National Security and the Committee on Agriculture. I 
think you get the picture here. Everyone worked together on this one, 
and Mr. LaTourette is the guy who brought everyone together.
   Mr. Speaker, I strongly urge my colleagues to support this very 
important legislation.
  Mr. Speaker, I include for the Record a brief summary of the 
manager's amendment, as follows:

H.R. 3217, National Invasive Species Act of 1996--Summary of Manager's 
                               Amendment

       The amendment in the nature of a substitute makes certain 
     minor changes to the bill to clarify certain exemptions, add 
     a requirement to report to Congress prior to issuing national 
     regulations, authorize additional research funding, address 
     comments made by other committees, and make other technical 
     and conforming changes.
       A new subparagraph (K) is added to section 1101(c)(2) to 
     clarify the intent that passenger vessels equipped with 
     certain environmentally sound and protective ballast water 
     treatment systems be exempt from otherwise applicable 
     requirements to exchange ballast water. As noted in the 
     Committee Report, H. Rept. 104-815, certain passenger vessels 
     use sodium hyprochlorate solutions or metal electrolytic 
     cathodes to kill undesirable organisms in ballast water. 
     Passenger vessels equipped with such treatment systems are 
     exempt from any requirement to exchange ballast water, unless 
     the Secretary of Transportation determines that such ballast 
     water treatment systems are not as environmentally sound and 
     effective as ballast water exchange.
       A new subparagraph (L) also is added to section 1101(c)(2) 
     to codify an exemption from the national voluntary guidelines 
     for crude oil tankers engaged in coastwide trade from Alaska. 
     Under the laws of some states, these tankers are forbidden to 
     travel within the exclusive economic zone (``EEZ''). By 
     obeying the laws of those states and traveling a short 
     distance outside the EEZ, these tankers could become subject 
     to requirements to exchange ballast water under this Act. 
     Such tankers have been engaged in coastwide trade for many 
     years with no known adverse effect on ecosystems in Alaska or 
     the West Coast. We expect the regional research funding 
     authorized under this bill for the Pacific Coast to be used 
     in part to conduct monitoring to verify that this remains 
     true.
       The amendment adds a safety exemption from ballast water 
     change requirements under this Act in new section 1101(k). 
     This language codifies the existing exemption found in the 
     Great Lakes regulations and makes it applicable to any new 
     national regulations that may be issued. This exemption 
     applies only to a requirement under the Act to exchange 
     ballast water, and is based on the fact that ballast water 
     exchange may be unsafe for certain vessels. We note that the 
     bill authorizes the Secretary to identify other methods 
     of managing ballast water or other locations for ballast 
     water exchange. If safe and available, a vessel may be 
     required,

[[Page H10924]]

     by regulation, following notice and an opportunity for 
     comment, to conduct such other ballast water management 
     practices as are identified by the Secretary, in 
     accordance with subsection (b) of the Act (for the Great 
     Lakes) or (c) and (e) of the Act (for other waters of the 
     United States). If no such alternative exists, a vessel 
     exercising the safety exemption may not be precluded from 
     discharging ballast. We also note that ballast water 
     exchange by many passengers vessels may be unsafe, and 
     such vessels also are likely to be eligible for the safety 
     exemption from ballast water exchange added by this new 
     paragraph (k).
       The amendment also adds a requirement for the Secretary of 
     Transportation to submit a report to Congress in new section 
     1101(d), prior to issuing any national regulations under 
     section 1101(e). The purpose of this report is to provide 
     Congress with an opportunity to review compliance with and 
     the effectiveness of the national program for controlling 
     aquatic nuisance species, before the program becomes 
     enforceable regulations.
       Several amendments are made to section 1102(e), relating to 
     the regional research grants. First, due to its status as one 
     of the most threatened estuaries, the amendment adds in 
     section 1102(e) an authorization of $750,000 a year for 
     research relating to the San Francisco Bay-Delta Estuary. The 
     reported bill included $500,000 for grants for research on 
     the Pacific Coast. We intend that the Pacific Coast funding 
     be used for research in Pacific Coast areas other than the 
     San Francisco Bay-Delta Estuary.
       Second, because the Smithsonian does not generally act as a 
     granting entity, the money for the regional research grants 
     is authorized to be appropriated to the Under Secretary of 
     Commerce, to allow the National Oceanic and Atmospheric 
     Administration (NOAA) to act as the granting entity, rather 
     than the Smithsonian Institution.
       Third, the amendment deletes references to specific 
     research consortia in section 1102(e) and elsewhere in the 
     bill. This change does not reflect any intent to preclude the 
     use of research consortia to assist in administering the 
     regional research grants authorized by section 1102(e) or 
     research under section 1202. The reported bill identified the 
     Chesapeake Bay Consortium, the Louisiana Universities 
     Consortium, and the Lake Champlain Research Consortium as 
     appropriate entities to administer research grants. We 
     encourage NOAA to make use of these research consortia in 
     carrying out the research authorized by this Act.
       The amendment also makes minor changes to the authorization 
     of appropriations in section 1301(f). First, language is 
     added to the authorization of appropriations to NOAA for 
     aquatic nuisance species research to clarify the intent that 
     the authorization in this bill is not an increase above the 
     funding levels for all of NOAA's environmental research 
     authorization in H.R. 3322, should H.R. 3322 be enacted into 
     law.
       Second, the amendment modifies the $4,000,000 a year 
     authorized in the reported bill to be appropriated to NOAA's 
     National Sea Grant College Program and land grant 
     agricultural colleges for competitive grants for university 
     research on aquatic nuisance species under section 
     1202(f)(3). The amendment clarifies this authorization by 
     specifically authorizing $2,800,000 for NOAA and $1,200,000 
     for the land grant colleges.

  Mr. BOEHLERT. Mr. Speaker, I reserve the balance of my time.
  Mr. CLEMENT. Mr. Speaker, I yield myself such time as I may consume.
  It is a pleasure to be working with the gentleman from New York [Mr. 
Boehlert] on this legislation. We now call him Mr. Bulldog because he 
was honored for saving the taxpayers money, and we are proud of the 
gentleman from New York.
  Mr. Speaker, I rise in strong support of H.R. 3217, the National 
Invasive Species Act of 1996. On July 17, the Subcommittee on Coast 
Guard and Maritime Transportation and the Subcommittee on Water 
Resources held a joint hearing on this important legislation.
  While Members from the Great Lakes region were very aware of the 
threat posed by foreign plants and animals that arrive in the United 
States in the ballast tanks of ships, we received much testimony on the 
ever growing threat that these nuisance species pose to communities 
outside the Great Lakes Region. For example, the Corps of Engineers has 
found that Zebra Mussels have spread from the Great Lakes region into 
the Mississippi River system and into my home state of Tennessee.
  Congress enacted the Nonindegenous Aquatic Nuisance Prevention and 
Control of 1990 to address these issues on the Great Lakes. It is now 
time to expand this program nationally in order to protect our 
ecosystems and our communities. These exotic animals and plants are 
costing our communities additional money to keep our water and power 
systems operating. They threaten our commercial and recreational 
fisheries.
  This bill will go a long way toward preventing the spread of existing 
aquatic nuisance species and the introduction of new species. Among the 
major accomplishments of this bill are:
  Requiring voluntary guidelines will be developed to prevent the 
spread of all types of aquatic nuisance species by recreational vessels 
including zebra mussels.
  Helping us develop and implement new technologies to prevent ships 
from further polluting our waters with these creatures.
  Helping State and local governments coordinate their efforts in this 
fight with the various Federal agencies that are involved.
  Requiring the Aquatic Nuisance Species Task Force to conduct 
ecological surveys of the Chesapeake Bay, San Francisco Bay, Honolulu 
Harbor, Prince William Sound, and other waters that may be highly 
susceptible to invasion by aquatic nuisance species from ballast water 
operations and other operations of vessels.
  Establishing a ballast water management demonstration program to 
demonstrate technologies and practices to prevent aquatic nuisance 
species from being introduced and spread through ballast water in the 
Great Lakes and other waters of the United States.
  Encouraging the formation of Regional panels to form and participate 
in activities to control introduction of aquatic nuisance species in 
their region.
  Establishing a competitive research grant program on aquatic nuisance 
species prevention and control for the Chesapeake Bay, the Gulf of 
Mexico, the Pacific Coast, and the Atlantic Coast.
  And providing continued funding for the 1990 Nonindigenous Aquatic 
Nuisance Prevention and Control program.
  Mr. Speaker, this is a very bipartisan bill. Aquatic Nuisance Species 
can affect all of our communities. I believe that H.R. 3217 will help 
prevent other communities around the country from having to incur the 
costs and environmental damage that we have throughout the Great Lakes. 
I therefore urge my colleagues to support the passage of H.R. 3217, the 
National Invasive Species Act of 1996.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BOEHLERT. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Ohio [Mr. LaTourette], the author and prime mover of 
this bill.
  Mr. LaTOURETTE. I very much thank the gentleman from New York [Mr. 
Boehlert] for yielding me this time, and thank him also for those kind 
words.
  Mr. Speaker, I want to add my thanks to Chairman Shuster, the 
chairman of our full Committee on Transportation and Infrastructure, 
for helping expedite consideration of H.R. 3217 together with the 
gentleman from Minnesota [Mr. Oberstar], the ranking member, and also 
the ranking members of the other two subcommittees. This would not have 
been possible without the leadership of the gentleman from New York 
[Mr. Boehlert], our chairman of the Subcommittee on Water Resources and 
Environment.
  I think it is also appropriate, and sometimes we do not take time to 
thank the staff, not only the staff of the Transportation and 
Infrastructure Committee but also the staff at the Northeast-Midwest 
Institute and in particular a woman by the name of Allegra Cangelosi 
who was talking about zebra mussels and its infestation in the Great 
Lakes before many other people were even recognizing it as a problem 
throughout the United States.
  I have to praise all of the staff for working to gain a consensus of 
the interested parties including maritime organizations, environmental 
organizations, and water users throughout the coastal United States. It 
is also appropriate to recognize that the Committee on Resources and 
also the Committee on Science, which had jurisdiction over portions of 
this legislation, worked hard to get together with the Transportation 
and Infrastructure staff to present this final version before the House 
today.
  Mr. Speaker, there is an urgent need for this particular piece of 
legislation. A single aquatic nuisance like the zebra mussel can 
literally cost our economy billions of dollars. In Cleveland, OH, which 
is just to the west of

[[Page H10925]]

the district which I have the honor of representing, the vessel that 
brings in water from Lake Erie for our drinking water system becomes 
encrusted and literally costs hundreds of thousands of dollars each 
year to have the zebra mussels removed. Water users along the Great 
Lakes experience a similar cost and a similar problem, and no one can 
accurately predict where or when the next invasion will occur.

                              {time}  1715

  The 1990 Invasive Species Act addressed the invasion of nonindigenous 
species in the Great Lakes only. This bill expands the scope of the 
1990 act to all waters of the United States. However, it does not take 
the same regulatory approach. Instead of mandating ballast water 
exchange, NISA begins with voluntary guidelines which will become 
enforceable only if the Secretary of Transportation determines that the 
maritime industry is not complying.
  This approach gives the benefit of the doubt to the maritime 
industry's intention to act in good faith while maintaining the teeth 
of the bill to ensure that the program is taken seriously by all 
affected parties.
  This balanced, moderate approach has broad bipartisan support. There 
are now 40 cosponsors to this legislation. There are some interests who 
want an enforceable regulatory program immediately, while there are 
others who only want voluntary guidelines with no possibility of 
mandatory regulations. This bill chose to take the middle ground, the 
compromise approach of requiring mandatory regulations only if they are 
necessary.
  The bill we are considering today includes both amendments passed by 
the Committee on Transportation and Infrastructure, as well as 
amendments subsequently worked out in consultation with the House 
Committees on Resources, Science and Agriculture, with personnel staff, 
with the Senate staff, and representatives of the maritime industries 
and Federal agencies.
  These amendments represent a compromise position which works to the 
satisfaction of all involved parties, and I believe has the strongest 
possibility and probability of being passed into law this Congress.
  I sincerely urge my colleagues to support this bill. It takes major 
steps to address the threat of invasion of aquatic nuisance species 
into our Nation's waters. Again, I thank the gentleman from New York, 
Chairman Boehlert, for his kind words and all Members for their 
attention.
  Mr. CLEMENT. Mr. Speaker, I yield such time as he may consume to the 
outstanding gentleman from Minnesota [Mr. Oberstar], the ranking 
Democrat on the Committee on Transportation and Infrastructure, who I 
have had the opportunity to work with for a number of years.
  Mr. OBERSTAR. Mr. Speaker, I thank the gentleman for yielding me 
time.
  Mr. Speaker, we have got a good bill here, and I am proud to be a 
cosponsor of it. I appreciate the initiative that the gentleman from 
Ohio, Mr. LaTourette, has taken, in moving the bill initially, the work 
that the gentleman from New York Chairman Boehlert, has undertaken on 
our committee to move this legislation along, and the support that the 
gentleman from Pennsylvania, Chairman Shuster, has demonstrated, and 
the work that our ranking member, the gentleman from the inland 
waterways, the gentleman from Tennessee, Mr. Clement. It shows the 
great consensus that we can build and good legislation that can come in 
response to a very serious problem, a very serious environmental 
problem, that is a by-product of our enormous waterborne commerce.
  It took about 130 years for the first devastating effect of an 
invasive species to be felt upon the fisheries of the United States, 
when in the mid-1950's the lake trout fishery on Lake Superior and Lake 
Michigan plummeted dramatically from 3 million pounds of lake trout 
caught in a year down to 300,000 pounds over a 2-year period, the light 
fish fishery plummeted from nearly 2 million pounds to under 250,000 
pounds in scarcely a year and a half.
  Suddenly, the Great Lakes States, the Nation, realized there was an 
ecological disaster at hand, and little understanding of what caused 
it. And we found what caused it, the lamprey eel, first introduced into 
the Great Lakes through the Welland Canal when it was opened to 
commerce in 1829, carried in as part of ballast water, discharged into 
the Great Lakes, and undisturbed, unchallenged by natural predators, it 
grew to enormous proportions, and then in one 2-year period, devastated 
a multimillion dollar fishery, now a multibillion dollar fishery.
  Forever, we shall have to apply lampreycide to the estuaries of the 
rivers discharging into the Great Lakes to control this invasive 
species; we, Canada and the United States together, spending millions 
of dollars a year, to correct a mistake.
  You would think we had learned that the source of that aquatic 
problem, aquatic disaster, was ballast water from foreign vessels 
coming into the Great Lakes, but we did not. We did not take sufficient 
control steps. And then came the zebra mussel, and the Eurasian 
milfoil, and then the European ruffe, which is now one of the most 
abundant fish in the harbors of Lake Superior, destroying other 
species, eating up the forage for other species, crowding them out. And 
there was a simple way to control this, and that is control the ballast 
water.
  That is what we did on the Great Lakes. It has taken 5 years for our 
program of ballast water control to take hold in Great Lakes ports and 
to begin to control these devastating, nonindigenous species.
  In the meantime, the problem multiplied on the salt water ports of 
the United States, as we have learned in the port of San Francisco, 
where every 12 weeks a new nonindigenous species is introduced into 
that harbor causing devastation upon the native species in their 
harbor. And just a few miles from here, 3,000 miles across the 
continent, in the Chesapeake Bay, we have nonindigenous species 
introduced into this greatest of all the estuaries in the world, the 
Chesapeake Bay, where over 100 nonindigenous species have been 
introduced into those unique waters, where the fresh and the salt water 
meet and create new forms of life, but not new forms of life introduced 
by ballast water, because those forms of life are brought in without 
native controls, without other environmental conditions that control 
the growth of those species.

  So how are we going to deal with this issue? Well, we have here a 
legislative package that provides a framework for protecting our waters 
against the spiny water flea, the purple lustrife, the zebra mussel 
that I have already mentioned, and numbers of others, hundreds of other 
species that wreak devastation upon our fisheries, upon our water 
intakes, upon the quality of the waters, not just in the salt water 
ports, not just in the Chesapeake Bay estuary, not just in the Great 
Lakes waters themselves. But as fishermen go into the Great Lakes and 
move their boats from the Great Lakes into inland lakes, they carry 
these same species with them, and now we find zebra mussel spread all 
through lakes in Michigan, Wisconsin, and Minnesota, reaching down into 
the Mississippi River, and some of the zebra mussels are now being 
found as far south as New Orleans.
  We have to use good judgment, learn from the past, and put into 
effect control measures that are reasonable, that will do the job 
effectively, and that is what this legislation does. It strikes a 
balance, as the gentleman from Ohio said so well and the gentleman from 
New York, not a hard regulatory program right from the outset, although 
frankly, given the experience we have had in the Great Lakes, I would 
welcome such a program.
  I think we need to get tough right from the outset, because we know 
what the problem is, we know what to do with it. But this is a balance. 
We have struck a balance between a totally voluntary program on one 
hand and a regulatory program on the other.
  This legislation expands the scope of the 1990 Great Lakes law that 
is now coming to be effective in controlling ballast water in the Great 
Lakes, to apply it to the salt water ports as well, a voluntary 
national ballast exchange program under which the vessels that operate 
outside of the exclusive economic zone exchange their ballast, purge 
the nonindigenous species in the high waters of the oceans, and thereby 
prevent their introduction into U.S. harbors.
  But we also recognize that there are safety problems. The newer 
vessels in

[[Page H10926]]

the international ocean trades have chambered ballast control measures. 
They can empty one chamber, fill it, and then empty another chamber and 
refill it, without endangering the safety of the vessel. Older vessels 
do not have that same ability. They have to pump all the ballast out at 
once on one side and load it with new ballast and then move to another 
side. So there are safety concerns about the stability of the vessel 
under those conditions, particularly if you have rough waters.
  So the legislation recognizes that the safety of the crew or 
passengers or safety and stability of the vessel is paramount. So if 
the master of the vessel determines it would be unsafe to exchange 
ballast water under existing weather conditions or other conditions, 
then the judgment of the master of the vessel is paramount and ballast 
exchange is not required.
  But our legislation does say that when a regulatory program is in 
place, and goodness knows, experience on the Great Lakes means it will 
take 5 years, then you have to comply with those regulations, but even 
then the judgment of the master of the vessel is paramount.
  The legislation does keep in place our very effective and strong 
Great Lakes program. It authorizes continued funding for invasive 
species prevention programs, provides for demonstration programs and 
new technologies such as filtration for preventing the spread of 
invasive species in U.S. waters.
  Since ballast water exchange is not a feasible control technique once 
the species are already into the Great Lakes, new technologies are 
critical to prevent the spread of dangerous species into the Great 
Lakes.
  I just want to address another matter that has been added late in our 
negotiating process and which I fully support, and that is for our 
colleague from the great State of Alaska, the chairman of the Committee 
on Resources, Mr. Young, who has had a lot of experience with crude oil 
tankers engaged in the coastwide trade.
  The exemption included in this legislation is based on our 
understanding that the current practice of these oil tankers is to 
discharge their ballast into tanks where the ballast water is treated, 
thereby avoiding the discharge of nonindigenous species into U.S. salt 
water harbors. It is our expectation that crude oil tankers will 
continue their practice of treating their ballast water prior to 
discharge.
  For these and for many other reasons that I will not go into at this 
point in order to save time, I think we have a good piece of 
legislation here. It will prevent the introduction of new time bombs 
into the salt water ports of this country. It will strengthen our 
ability to prevent introduction of new aquatic time bombs into the 
Great Lakes and the other inland waters of the United States, and it 
will give us tools to protect and take control of our own environment.
  Mr. Speaker, I urge the passage of this legislation.
  Mr. BOEHLERT. Mr. Speaker, I am pleased to yield 5 minutes to the 
gentleman from Michigan, Dr. Ehlers, who is an interesting person to 
speak on this legislation, because he also serves as a member of the 
Committee on Science. He is a Ph.D., he is a fellow of the American 
Physical Society, so he brings a scientific background to his analysis 
of this very important legislation, and he also represents a State that 
the Great Lakes are very important to.
  Mr. EHLERS. Mr. Speaker, I thank the gentleman for yielding time and 
for his kind words.
  Mr. Speaker, there is a very important environmental principle, first 
publicized by Garrett Hardin some 30 years ago, that states: ``You 
cannot do just one thing.'' We as a Nation have had to learn that the 
hard way. We thought we could simply apply DDT everywhere and eliminate 
a number of insects in this country. It did not work that way.
  First of all, the insects developed resistance and were not 
eliminated, but secondly, we found the DDT was affecting many organisms 
other than insects and we eventually had to ban it.
  We have also learned that principle with issues, such as the public 
works projects which we are proud of in this Nation. And one of those 
projects was opening the St. Lawrence Seaway, which was a boon to my 
State of Michigan. But my State of Michigan also touches 4 of the 5 
Great Lakes. So if anything goes wrong, we are affected more than any 
other State.
  Things did go wrong. You have already heard from the gentleman from 
Minnesota about the lamprey eel, and now the zebra mussel. The zebra 
mussel certainly has hit Michigan harder than any other State. Yet when 
I arrived in the Congress, last year a bill came up which would zero 
out zebra mussel funding.
  This funding was regarded as a laughingstock by those who were 
proposing zeroing it out. They thought it was another government 
boondoggle. I told them before this session ended they would probably 
have zebra mussels in their district. They do indeed now have problems 
with them.
  Mr. Speaker, the problem is serious, and I am very pleased to get up 
and lend my support to this bill, because this bill is a very good 
first step at addressing the problems we face with invasive species. It 
is not just the lamprey eel, and it is not just the zebra mussel, which 
we now estimate is costing the Nation approximately $2 billion in 
cleanup costs every year; it is a matter of stopping all the future 
invasive species of one sort or another that create trouble not just in 
the Great Lakes, but in many parts of this Nation.
  In addition to that, there is an even greater danger looming on the 
horizon, and that danger is bacterial contamination. Already we have 
evidence of some cholera appearing in some of the sea water ports of 
this Nation, and there is little to prevent them from also getting into 
the fresh water ports.
  As you know, that is a disease which we are not used to dealing with 
in this Nation. It manifests itself primarily in Third World countries. 
We are not sure how we would address it. Clearly it is important to 
stop that disease before it even begins.

                              {time}  1730

  For those reasons and many more, I am pleased to lend my strong 
support to this bill and urge that this Congress pass this bill as soon 
as possible.
  Mr. CLEMENT. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Michigan, Mr. Bart Stupak, who represents three of the 
five Great Lakes.
  Mr. STUPAK. Mr. Speaker, I thank the gentleman from Tennessee [Mr. 
Clement] for yielding me this time.
  Mr. Speaker, the National Invasive Species Act is an extremely 
important bill that reauthorizes and improves the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 to protect the fragile 
ecosystems of U.S. waterways by further preventing the introduction and 
spread of aquatic nuisance species.
  As the gentleman from Tennessee said, my district does border in part 
three of the five Great Lakes, and aquatic nuisance species are a 
threat to our aquatic ecosystem and the overall health of the Great 
Lakes and our economic vitality as a region.
  Aquatic nuisance species are a serious threat to our water systems 
and the natural balance of our ecosystems. In the Great Lakes region 
alone, the zebra mussel, the sea lamprey, and the round goby are 
severely threatening the fishing industry of the Great Lakes and 
causing millions of dollars in damages to drinking and sewer systems.
  A recent study of the Office of Technology Assessment estimates that 
the power industry alone will spend more than $3 billion over the next 
10 years just to control zebra mussel infestation in the water intake 
systems of the Great Lakes.

  These species are not only invading our Great Lakes region but, as 
has been pointed out, the zebra mussel is rapidly spreading across the 
United States, having been found in the Mississippi Valley, the Gulf 
Coast, the Chesapeake Bay, and in locations as far as away as 
California, both inland and in coastal waters.
  H.R. 3217 will provide the vital resources for communities to combat 
this damaging invasion. Through the implementation of a national 
voluntary ballast management program for vessels visiting U.S. ports, 
as the gentleman from Minnesota [Mr. Oberstar] has stated, this bill 
will reduce the threat of aquatic nuisance species by eliminating their 
mode of transportation.
  Mr. Speaker, the National Invasive Species Act will greatly benefit 
the environment, industry, and the public by

[[Page H10927]]

authorizing funding for fighting as well as improving the methods to 
fight the introduction and spread of invasive species in U.S. Waters.
  Finally, I want to extend my thank you to the gentleman from Ohio 
[Mr. LaTourette], the gentleman from Minnesota [Mr. Oberstar], the 
gentleman from Tennessee [Mr. Clement], the gentleman from New York 
[Mr. Boehlert], the gentleman from North Carolina [Mr. Coble], and the 
gentleman from Pennsylvania [Mr. Borski], for moving forward this 
important legislation. I urge the passage of H.R. 3217.
  Mr. DINGELL. Mr. Speaker, I rise today as a cosponsor and strong 
supporter of H.R. 3217, the National Invasive Species Act.
  As a cochair of the House Great Lakes Task Force and a citizen of the 
Great Lakes State, I know all too well how much damage can be caused by 
nonindigenous, or non-native, nuisance species. Even as our Great Lakes 
have made a tremendous comeback from industrial and other pollution as 
a result of the Clean Water Act, we continue to see a significant 
threat from biological invasions. Over the past few decades these 
invasions have included the sea lamprey, the zebra mussel, and the 
Eurasian ruffe.
  My colleagues may remember the lively floor debate that took place 
during consideration of the Commerce-Justice-State appropriations bill 
over funding for sea lamprey control. The sea lamprey is an eel-like 
creature that attaches itself to lake fish. With federal assistance, we 
have been somewhat successful at controlling sea lamprey infestation, 
meaning the preservation of a multi-billion dollar fishery. Despite the 
best efforts of the Great Lakes Fishery Commission (GLFC), however, the 
lamprey still exist in the lakes and remain a threat to be controlled.
  Most commonly known today is the zebra mussel, which became widely 
known in 1989 when millions of the mussels became encrusted in the 
water intake in Monroe, MI, threatening Monroe's water supplies for 
several days. Since that time, the mussel has clogged other water 
supply intakes on American and Canadian shores, creating drinking water 
shortages and public safety hazards. Power plants, industrial cooling 
operations, and other large water users now spend an average of almost 
$400,000 per year to keep their investments clear of the zebra mussel.
  Since 1989, the zebra mussel has spread throughout much of the 
nation, threatening waterways from coast to coast. According to Dr. 
Alfred M. Beeton, Acting Chief Scientist at that National Oceanic and 
Atmospheric Administration (NOAA), the rapid growth of the zebra mussel 
has caused not only added business costs for big industry, but for 
small intakes as well. The filtering activities of the zebra mussel, 
while increasing water clarity, have taken away desirable algae by 86 
percent while helping bring the amount of native clams in Lake Erie and 
Lake St. Clair to near-extinction.
  As a result of the Great Lakes problem, Congress passed the Non-
Indigenous Aquatic Nuisance Prevention and Control Act of 1990 (P.L. 
101-646). While this act has been successful, more efforts are needed 
to help States and communities nationwide control the biological 
integrity of their waters. The National Invasive Species Act will 
achieve that by establishing a national ballast plan for ships entering 
our seaports, lakes, and rivers. It also authorizes greatly needed 
funding to further research ways to prevent and control the growth of 
nonindigenous species.
  This research will be carried out in part by the Great Lakes 
Environmental Research Laboratory (GLERL) in Ann Arbor, MI, in 
cooperation with several universities under the National Sea Grant 
College Program and other agencies.
  Mr. Speaker, the National Invasive Species Act provides necessary 
help to States, cities, and industry while helping protect our native 
plant, animal and aquatic species. I urge my colleagues to support its 
passage.
  Mr. CLEMENT. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. BOEHLERT. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Gunderson). The question is on the 
motion offered by the gentleman from New York [Mr. Boehlert] that the 
House suspend the rules and pass the bill, H.R. 3217, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________