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104th Congress                                            Rept. 104-815
                        HOUSE OF REPRESENTATIVES

 2d Session                                                      Part 1
_______________________________________________________________________


 
                 NATIONAL INVASIVE SPECIES ACT OF 1996

_______________________________________________________________________


               September 20, 1996.--Ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3217]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred 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, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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 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 (Eriochei sinensis) that has 
                become established on the Pacific Coast;
                  ``(B) the green crab (Carcinus maenus) 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 of 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, among others, 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) in paragraph (1), by striking ``the Committee on 
                Public Works and Transportation and the Committee on 
                Merchant Marine and Fisheries'' and inserting ``the 
                Committee on Transportation and Infrastructure and the 
                Committee on Resources'';
                  (B) in paragraph (3), by striking ``assistant 
                Secretary'' and inserting ``Assistant Secretary'';
                  (C) by redesignating paragraphs (9) through (15) as 
                paragraphs (12) through (18), respectively; and
                  (D) by inserting after paragraph (8) the following:
          ``(9) `Great Lakes region' means the 8 States that border on 
        the Great Lakes;
          ``(10) `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;
          ``(11) `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;
                  ``(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 encourage compliance with the 
        guidelines 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) 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 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;
                  ``(D) 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 
                        discharge; and
                          ``(ii) ballasting practices of vessels that 
                        enter waters of the United States with no 
                        ballast on board;
                  ``(E) 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 (h), 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;
                  ``(F) provide for sampling procedures to monitor 
                compliance with the guidelines;
                  ``(G) protect the safety of--
                          ``(i) each vessel; and
                          ``(ii) the crew and passengers of each 
                        vessel;
                  ``(H) take into consideration--
                          ``(i) variations in the characteristics of 
                        point of origin and receiving water bodies;
                          ``(ii) variations in the ecological 
                        conditions of waters and coastal areas of the 
                        United States; and
                          ``(iii) different operating conditions;
                  ``(I) be based on the best scientific information 
                available; and
                  ``(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.).
          ``(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) Periodic Review and Revision.--
          ``(1) In general.--Not later than 3 years after the date of 
        enactment of the National Invasive Species Act of 1996, 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 (e)(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 (e)(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).
  ``(e) Authority of Secretary.--
          ``(1) General regulations.--If, on the basis of a periodic 
        review conducted under subsection (d)(1) or a special review 
        conducted under subsection (d)(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 guidelines and provide a rate 
                of compliance of vessels, including the assessment of 
                the rate of compliance of vessels under subsection 
                (d)(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) make mandatory the requirements 
                        included in the voluntary guidelines issued 
                        under subsection (c); and
                          ``(ii) provide for the enforcement of the 
                        regulations; and
                  ``(B) may be regional in scope.
  ``(f) Sanctions.--
          ``(1) Civil penalties.--Any person who violates a regulation 
        promulgated under subsection (b) or (e) 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 (e) 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 (e).
  ``(g) 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.
  ``(h) Consultation With Canada, Mexico, and Other Foreign 
Governments.--In developing the guidelines issued and regulations 
promulgated under this section, the Secretary is encouraged to consult 
with the Government of Canada, the Government of Mexico, and any other 
government of a foreign country that the Secretary, in consultation 
with the Task Force, determines to be necessary to develop and 
implement an effective international program for preventing the 
unintentional introduction and spread of nonindigenous species.
  ``(i) International Cooperation.--The Secretary, in cooperation with 
the International Maritime Organization of the United Nations and the 
Commission on Environmental Cooperation established pursuant to the 
North American Free Trade Agreement, is encouraged to enter into 
negotiations with the governments of foreign countries to develop and 
implement an effective international program for preventing the 
unintentional introduction and spread of nonindigenous species.''.
  (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 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 discharge surveys.--
                  ``(A) In general.--The Secretary, in cooperation with 
                the Task Force, shall conduct surveys of ballast 
                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 
                        discharge practices to reduce the probability 
                        of accidental introductions of aquatic nuisance 
                        species.''; 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 Secretary of the Smithsonian 
Institution shall--
          ``(1) award not to exceed $750,000 to the Chesapeake Research 
        Consortium to fund research on aquatic nuisance species 
        prevention and control in the Chesapeake Bay through 
        competitive grants to universities and research institutions;
          ``(2) award not to exceed $500,000 to the Louisiana 
        Universities Marine Consortium to fund research on aquatic 
        nuisance species prevention and control in the Gulf of Mexico 
        through competitive grants 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 competitive grants to universities and 
        research institutions; and
          ``(4) make available not to exceed $500,000 to fund research 
        on aquatic nuisance species prevention and control for the 
        Atlantic Coast through competitive grants to universities and 
        research institutions.
  ``(f) National Ballast Information Clearinghouse.--
          ``(1) In general.--The Secretary shall develop and maintain, 
        in consultation 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 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 appropriate Committees, 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:

``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, 
        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, shall--
                  ``(A) use only vessels that--
                          ``(i) are approved by the Secretary;
                          ``(ii) have ballast 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 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 
        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 shall prepare and submit a report to 
        the appropriate Committees on the demonstration program 
        conducted pursuant to this section. The report shall include 
        findings and recommendations of the Secretary of the Interior 
        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,'' 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 appropriate 
                Committees 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 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 the Lake 
        Champlain Research Consortium to assist in the research 
        conducted by that consortium 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) $2,250,000 to the Secretary of the Smithsonian 
                Institution 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 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 and the Lake Champlain Research 
        Consortium, of which $500,000 shall be used by the Lake 
        Champlain Research Consortium;
          ``(4) $5,000,000 for competitive grants for university 
        research on aquatic nuisance species under section 1202(f)(3) 
        as follows:
                  ``(A) $4,000,000 to fund grants under section 206 of 
                the National Sea Grant College Program Act (33 U.S.C. 
                1121 et seq.) and 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
                  ``(B) $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
          ``(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 to the Department of the Interior 
$2,500,000 to carry out section 1104.''.
  (g) 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.).

                          Purpose and Summary

    The purpose of H.R. 3217, the National Invasive Species Act 
of 1996 (NISA), is to reauthorize and amend the Nonaquatic 
Nuisance Prevention and Control Act of 1990 (NANPCA) to 
strengthen and improve the nation's response to threats posed 
by aquatic nuisance species. The legislation provides for, 
among other things, ballast water management and other measures 
to prevent the introduction and spread of invasive species into 
waters of the United States.

                          Need for Legislation

    In the 1980's, there was growing concern about 
nonindigenous species (particularly zebra mussels and the 
Eurasian ruffe) in the Great Lakes and other water bodies. 
Nonindigenous nuisance species, also referred to as invasive or 
exotic species, are those plants, fish, animals, and associated 
invertebrates that have moved, either intentionally or 
unintentionally, beyond their native ranges, usually with 
humans as the primary agents of dispersal. Introduced by 
ballast water or other means, these nonnative species can 
adversely affect, among other things, valuable fisheries, water 
infrastructure and related facilities and the overall 
ecological balance in affected areas.
    In response to these concerns, Congress enacted NANPCA to 
establish a program for preventing, researching, monitoring and 
controlling infestations of nonindigenous aquatic species in 
the Great Lakes. NANPCA set up a multi-agency task force (the 
Aquatic Nuisance Species Task Force) to develop and oversee the 
program. NANPCA also initiated a policy review of the effects 
of intentional introductions of nonindigenous species (such as 
for sport fishing or biological pest control), a zebra mussel 
demonstration project, and state aquatic nuisance management 
planning. It created the Great Lakes Aquatic Nuisance Species 
Panel to help coordinate federal, state, local and private 
efforts concerning nonindigenous species within the Great Lakes 
basin.
    Perhaps most importantly, NANPCA directed the Coast Guard 
to issue voluntary guidelines for the Great Lakes and, after 
two years, promulgate regulations (applicable to the Great 
Lakes) to help reduce the probability of new introductions of 
nonindigenous species by commercial vessels, whose ballast 
water is a leading pathway for nonindigenous aquatic species 
into U.S. waters. The zebra mussel and the ruffe, along with 
the spiny water flea and many of the other nonindigenous 
organisms that have been introduced into the Great Lakes 
ecosystem, were transported to the Great Lakes in the ballast 
tanks of transoceanic vessels. Red tide and the edible brown 
mussel (Perna perna) are examples of ballast stowaways that 
have been discharged into U.S. marine coastal environments.
    Six years after its passage, there is need to reauthorize 
and reform NANPCA to address waters beyond the Great Lakes and 
threats of additional exotic species through nationwide 
preventive management measures. The zebra mussel alone has been 
estimated to cost several billion dollars in repairs and 
removals related to the clogging of water supply intakes. The 
zebra mussel has also established itself in many of the 
freshwater systems of the eastern United States, including the 
upper Mississippi River, where it has degraded an economically 
valuable commercial mollusk fishery. Similarly, there is 
growing awareness of the threat of nonindigenous species to 
marine coastal areas, including estuaries such as the 
Chesapeake Bay, the San Francisco Bay and Delta, and the Gulf 
of Mexico. For example, Perna perna (a type of mussel) invaded 
South America via ballast discharge years ago and was recently 
transported to the Gulf of Mexico near Galveston, Texas.
    Compliance by the Great Lakes shipping industry with NANPCA 
has been high. At the March 22, 1996, National Forum on 
Nonindigenous Species Invasions in U.S. and Marine Fresh Waters 
sponsored by the Northeast-Midwest Institute, the United States 
Coast Guard reported that there were only 4 known cases of 
noncompliance in 1995, all due to a misunderstanding of the 
regulations. Based on this positive record of compliance, NISA 
takes the approach of first relying on a voluntary program of 
ballast water exchange and management practices to reduce the 
probability of the introduction of nonindigenous species from 
ships operating in waters of the United States. Under NISA, the 
voluntary program does not become mandatory unless the 
Secretary of Transportation determines that the rate of 
voluntary compliance with the guidelines is not adequate or if 
the Secretary is unable to adequately assess compliance due to 
inadequacies in voluntary reporting.
    As with NANPCA, the primary focus of NISA is on ballast 
water exchange as a means of control of the introduction and 
spread of aquatic nuisance species, primarily due to the lack 
of other proven prevention and control methods. To address 
other vectors for introduction and spread, the bill authorizes 
funding for research and demonstration projects in these areas.

    Discussion of Committee Bill (H.R. 3217) and Section-by-Section 
                                Analysis

SECTION 1. SHORT TITLE; REFERENCES.

    Section 1 of the bill provides that the Act may be cited as 
the ``National Invasive Species Act of 1996'' and notes that 
references to section numbers therein are to the 
``Nonindigenous Aquatic Nuisance Prevention and Control Act of 
1990.''

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

    (a) Findings; Definitions.--Subsection (a) adds additional 
findings to section 1002(a) of NANPCA to reflect the fact that 
NISA broadens the scope of current law and applies to all the 
waters of the United States, not just the Great Lakes, and to 
reflect that NISA, like NANPCA, is intended to address many 
invasive species, including both aquatic nuisance plants and a 
range of animals in addition to the zebra mussel.
    Subsection (a) also amends the definitions in section 1003 
of NANPCA to correct certain references and add definitions for 
``Great Lakes region,'' ``Indian tribe,'' and ``interstate 
organization.''
    (b) Aquatic Nuisance Species Control Program.--Subsection 
(b) restates and amends section 1101 of NANPCA. Under current 
law, section 1101 sets up the program for ballast water 
exchange by vessels that enter a United States port on the 
Great Lakes after operating beyond the exclusive economic zone. 
This program began with voluntary guidelines in 1991 and 
automatically became mandatory regulations in November 1992.
    NISA amends section 1101(b)(2) of NANPCA to remove any 
uncertainty regarding the applicability of the current Great 
Lakes regulations to all vessels equipped with ballast water 
tanks, regardless of whether they are currently carrying 
ballast or the amount of ballast in their tanks. NISA also 
authorizes the Secretary of Transportation (``Secretary'') to 
carry out further educational and technical assistance programs 
to further continued compliance with the Great Lakes program 
for ballast water exchange.
    To address the introduction and spread of nonindigenous 
species to waters of the United States beyond the Great Lakes, 
NISA adds new subsections (c), (d), and (e) to section 1101 of 
NANPCA.
    New section 1101(c) requires the Secretary to issue 
voluntary national 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. The Committee expects the 
Secretary to consult with the Task Force and regional panels 
under this Act in developing these guidelines. These guidelines 
must direct vessels carrying ballast water after operating 
beyond the exclusive economic zone to carry out ballast water 
exchange or another ballast water management method that is 
environmentally sound and determined by the Secretary to be at 
least as effective as ballast water exchange in preventing and 
controlling infestations of aquatic nuisance species. The 
Committee notes that passenger vessel ship design and stability 
considerations make it unsafe for these vessels to exchange 
ballast water at sea. The water treatment systems employed by 
certain passenger vessels use sodium hyprochlorate solutions or 
metal electrolytic cathodes to kill both adult and larva stages 
of undesirable organisms. This treatment process prevents the 
growth of organisms in the internal water distribution system 
of the vessel, and prevents the growth or organisms that may 
otherwise be discharged with ballast water into U.S. waters. 
The Committee expects the Secretary will determine that such 
ballast water treatment systems in passenger cruise ships are 
environmentally sound and as effective as ballast water 
exchange.
    The guidelines also must include management practices to 
reduce the probability of unintentional introductions from ship 
operations other than ballast discharge and must provide for 
record keeping and sampling procedures to allow the Secretary 
to determine compliance with the guidelines. These guidelines 
also must, among other things, protect the safety of each 
vessel and the crew and passengers of each vessel--as 
determined by the master of the vessel--and must take into 
account geographic and ecological variations and different 
operating conditions. The Committee intends that the guidelines 
clearly except a vessel from the requirement to exchange 
ballast water at sea when the master of a vessel believes it is 
unsafe to do so. Under existing ballast water exchange 
regulations for the Great Lakes, the master of any vessel 
subject to the ballast water exchange requirement is not 
required to exchange ballast water before entering the U.S. 
Exclusive Economic Zone, if it would be unsafe due to weather, 
equipment failure, ship architecture, or other extraordinary 
conditions. The Committee intends that the voluntary national 
guidelines include these exceptions for ballast water exchange. 
The guidelines may not supersede or affect any Federal Water 
Pollution Control Act (Clean Water Act) requirements. The 
Secretary is also directed to carry out education and technical 
assistance programs to encourage compliance with the voluntary 
guidelines.
    New sections 1101 (d) and (e) set up a procedure for the 
periodic review and revision of both the voluntary national 
guidelines and any regulations issued under the Act.
    With respect to the new voluntary national guidelines, this 
section requires the Aquatic Nuisance Species Task Force to 
develop criteria for determining the adequacy and effectiveness 
of the voluntary guidelines and submit them to the Secretary 
within 18 months of enactment. These criteria will be applied 
by the Secretary in assessing compliance with and effectiveness 
of the guidelines. The Secretary must, not later than three 
years after enactment of NISA, and at least every three years 
thereafter, assess the rate of compliance with and the 
effectiveness of the voluntary national guidelines in reducing 
the introduction and spread of invasive species by vessels. In 
addition, under this section the Task Force is authorized to 
request the Secretary to conduct a special review and revision 
for specified waterways.
    If, based on a review, the Secretary determines that the 
voluntary national guidelines are not sufficiently effective 
and revision is necessary, the Secretary must revise the 
guidelines, after providing notice and an opportunity for 
comment. If, based on a review, the Secretary determines that 
the rate of compliance by vessels with the voluntary national 
guidelines is not adequate, or if the Secretary must, in 
accordance with new section 1101(e), promptly issue the 
guidelines as enforceable regulations.
    If the Secretary determines that the guidelines or a 
portion thereof are ineffective and that there is an inadequate 
rate of compliance with the ineffective guidelines, the 
Secretary should correct the problem with the voluntary 
guidelines and provide vessels with an opportunity to comply 
with effective guidelines, before turning the revised 
guidelines into enforceable regulations.
    The Committee understands that the Coast Guard is currently 
developing strategies for assessing and ensuring compliance 
with guidelines and regulations issued under this Act, 
including any new regulations that may be issued under new 
section 1101(e). The Committee expects the Coast Guard to 
timely develop a system for measuring compliance to ensure that 
necessary information is available for the reviews under 
subsection (d). The Committee recognizes that monitoring and 
ensuring compliance with a national program requires advance 
planning and may raise resource and implementation issues, and 
encourages the Coast Guard to continue this effort and consult 
with the Task Force and other interested parties. In 
prioritizing its efforts, the Coast Guard should consider 
developing a compliance monitoring strategy for the San 
Francisco Bay area which addresses saltwater to saltwater 
voyages.
    The periodic and special review procedures of new section 
1101(d) also apply to the existing regulations for the Great 
Lakes issued under section 1101(b). These regulations are 
already enforceable, but may be revised if necessary based on 
the Secretary's review of their effectiveness. These periodic 
and special review procedures also apply to any regulations 
that may be issued under subsection 1101(e).
    New section 1101(f) restates the sanctions of civil 
penalties, criminal penalties, and revocation of clearance that 
are currently applicable to violations of the Great Lakes 
regulations and expands the scope of these sanctions to include 
the new national regulations that may be issued under section 
1101(e). Also, these sanctions are consolidated in new section 
1101(f) and therefore sections 1101(b)(2)(F), (c) and (d) of 
current law are deleted.
    New sections 1101(g), (h) and (i) require coordination with 
other federal agencies, encourage consultation with foreign 
governments, and encourage international cooperation 
respectively. Any coordination with other Federal agencies that 
would require use of another agency's personnel or resources 
must, of course, be on a consensual basis. For example, the 
Animal and Plant Health Inspection Service of the Department of 
Agriculture must consent to the use of its personnel, 
facilities and other resources in coordinating with other 
agencies to help implement this Act.
    (c) National Ballast Water Management Information.--
Subsection (c) amends section 1102(b) of NANPCA to require the 
Aquatic Nuisance Species Task Force and the Secretary of 
Transportation to conduct surveys of both the ecology of and 
the ballast discharge rates and practices in certain estuaries 
of national significance and other waters the Task Force 
determines to be susceptible to invasion by aquatic nuisance 
species. The term ``estuaries of national significance'' refers 
to estuaries included in the National Estuary Program under 
section 320 of the Clean Water Act.
    One purpose of these surveys is to assist the Secretary in 
making its determination of the effectiveness of and compliance 
with the voluntary national guidelines, as required by section 
1101(d). The Committee expects the Task Force and the Secretary 
to complete these surveys in a time frame that will allow the 
Secretary to consider the results as it conducts its periodic 
reviews.
    Subsection (c) also adds new section 1102(e) to authorize 
the Secretary of the Smithsonian Institution to award grants 
for research on aquatic nuisance species prevention and 
control. This authorization totals $2.25 million a year for six 
years. During the July 17, 1996, hearing on the bill, the Water 
Resources and Environment Subcommittee and the Coast Guard and 
Maritime Transportation Subcommittee heard testimony and 
statements for Members regarding the risk invasive species pose 
to, among others, the Chesapeake Bay, the San Francisco Bay, 
the Los Angeles and Long Beach Harbors, and the Gulf of Mexico. 
As introduced, NISA authorized up to $750,000 annually in 
research grants for aquatic nuisance species prevention and 
control research in the Chesapeake Bay, to be administrated by 
the Chesapeake Research Consortium. The Committee amended the 
introduced bill to respond to the concerns of other regions in 
addition to the Chesapeake Bay. As reported, NISA also 
authorizes $500,000 annually for research in the Gulf of 
Mexico, to be administered by the Louisiana Universities Marine 
Consortium, $500,000 annually for research on the Pacific 
Coast, and $500,000 annually for research on the Atlantic Coast 
(other than the Chesapeake Bay).
    Finally, subsection (c) adds new section 1102(f)(1) to the 
Act to require the Secretary of Transportation to develop and 
maintain a National Ballast Information Clearinghouse. To 
implement the existing doctrine of port state control, that 
helps ensure the safety of our harbors, waterways, and 
communities, the Coast Guard maintains a database of all 
vessels that enter and clear the United States. This system is 
called the Vessel Identification System (VID). The Committee 
believes that it will be a simple process to include in the VID 
system the ballast water exchange information required by the 
Act and will not require the investment of new resources in a 
ballast water exchange tracking system. Using this system, the 
Coast Guard will be able to review a vessel's ballast water 
exchange history before the vessel arrives in the United States 
to help them decide whether to board the vessel to test the 
water in its ballast tanks. The Committee intends the Secretary 
to consult closely with the Task Force and SERC and make use of 
the Task Force's expertise in ecological issues and SERC's 
experience with monitoring ballast water exchange in the 
Chesapeake Bay.
    New section 1102(f)(2) requires the Secretary, working 
closely with the Task Force and the Smithsonian Environmental 
Research Center, to submit to Congress a report that 
synthesizes and analyzes the data collected by the Coast Guard 
under paragraph (1). The Committee intends for the Smithsonian 
Environmental Research Center (SERC) to conduct the data 
synthesis and analysis required for this report. SERC is home 
to perhaps the largest ballast water research and invasion 
programs in the country and is uniquely qualified to provide 
expertise on ecological issues arising from biological 
invasions. The Committee intends SERC to play a key role in 
meeting a critical need for organization, analysis, 
interpretation, and distribution of the data maintained by the 
Coast Guard.
    (d) Armed Services Ballast Water Program; Ballast Water 
Management Demonstration Program.--Subsection (d) adds two new 
sections to Subtitle B of NANCPA. New section 1103 requires the 
Secretary of Defense and, for Coast Guard vessels, the 
Secretary of Transportation, to implement a ballast water 
management program for seagoing vessels to minimize the risk of 
introduction of nonindigenous species from releases of ballast 
water. The Committee is aware that, due to operational 
conditions of these vessels, it may be impossible to reduce the 
risk to zero. Thus, the requirement is to minimize the risk, 
subject to operational conditions of the vessels. The Committee 
is aware that the Department of Defense and EPA, in 
consultation with the Coast Guard, the Department of Commerce, 
and interested States, also are currently developing a program 
to control discharges incidental to the normal operation of 
Armed Forces vessels under section 312(n) of the Clean Water 
Act.
    New section 1104 requires the Secretary of Interior, with 
the concurrence of and in cooperation with the Secretary of 
Transportation, to conduct a ballast water management 
demonstration program to demonstrate technologies and practices 
to prevent aquatic nuisance species from being introduced into 
and spread through the Great Lakes and other waters of the U.S. 
through ballast water. Development of technologies and 
practices other than ballast water exchange is essential, 
particularly to prevent further spread of invasive species that 
already have been introduced into the Great Lakes or other 
waters of the U.S. The Committee intends this demonstration 
program to be a cooperative effort. The Committee expects the 
Secretary of Transportation, acting through the Coast Guard, to 
bring its expertise in vessel operations to this demonstration 
program. The Committee expects the Secretary of Interior, 
acting through the Fish and Wildlife Service, to bring its 
expertise with respect to aquatic nuisance species to this 
demonstration program.
    (e) Amendments to Subtitle C.--Subsection (e) amends 
section 1201(b) to add the Secretary of Agriculture to the 
Aquatic Nuisance Species Task Force. This section also adds the 
Chesapeake Bay Program as an ex officio member of the Task 
Force in section 1201(c). The Committee notes that the 
Chesapeake Bay Program, as well as the Lake Champlain Basin 
Program that was added to the Task Force in Public Law 104-182, 
are programs within EPA to address water quality concerns in 
these waters pursuant to its authority under the Clean Water 
Act and other authorizing legislation. Under such authorizing 
legislation, EPA has sponsored these programs that include both 
governmental entities and partners from the private sector. 
While nongovernmental parties may and should lend their 
expertise to the Task Force, they should not be accorded the 
same status as the governmental entities that serve as official 
and ex officio members of the Task Force.
    Subsection (e) amends the existing zebra mussel 
demonstration program in section 1202(i)(1) to require the Army 
Corps of Engineers to develop a demonstration program for the 
control of zebra mussels around public facilities. NISA also 
amends section 1202(i)(1) to require the Task Force to develop 
voluntary guidelines for controlling the spread of zebra 
mussels and, if appropriate, other aquatic nuisance species, 
through recreational activities. In determining whether it is 
appropriate to address other aquatic nuisance species, the Task 
Force should consider whether recreational activities are a 
likely vector for the spread, the potential impacts of such 
spread should it occur, whether effective control methods 
exist, and the cost of compliance with the control methods. The 
Task Force must develop these guidelines and submit them to the 
Secretary within one year of enactment. Within four months 
after receipt of the guidelines from the Task Force, the 
Secretary must provide an opportunity for notice and comment on 
the Task Force guidelines and issue voluntary guidelines that 
are based on the Task Force guidelines. The Secretary has the 
discretion to revise the voluntary guidelines received from the 
Task Force before issuing them, based on the comments received 
during the public comment period.
    Subsection (e) also adds four new paragraphs to section 
1202(i). New Paragraph (2) authorizes research grants for 
projects that identify methods for controlling dispersal of 
aquatic nuisance species, to be administered by EPA, in 
cooperation with the National Science Foundation and the Task 
Force and authorizes the appropriation of $500,000 to EPA for 
such research grants. New paragraph (3) requires the Army Corps 
of Engineers to conduct and report on a study of the Chicago 
River Ship and Sanitary Canal to investigate methods for 
preventing aquatic nuisance species dispersal and authorizes 
the appropriation of $750,000 to the Army Corps of Engineers to 
conduct the study. New paragraph (4) authorizes EPA and the 
Army to enter into cost-sharing agreements with interested 
parties in carrying out the grant program or the Chicago River 
study. New paragraph (5) requires the National Oceanic and 
Atmospheric Administration to provide technical assistance to 
the Lake Champlain Research Consortium to assist the research 
conducted by the Consortium pursuant to this subsection.
    Subsection (e) amends section 1203 of the Act to authorize 
additional regional panels to coordinate governmental and 
private efforts to prevent and control aquatic nuisance 
species. The bill directs the Task Force to, within 30 days of 
enactment, request a Western Regional Panel to perform 
activities specified in the bill to identify and address 
threats and prevent the spread of invasive species throughout 
the West. The Committee understands that a Western Zebra Mussel 
Task Force already exists. The Aquatic Nuisance Task Force may 
direct its request to this existing organization, rather than 
convening a new Western Region Panel. The bill also directs the 
Task Force to encourage the development of other regional 
panels.
    Subsection (e) amends section 1204 of the Act to broaden 
the existing authorization for the development of state aquatic 
nuisance species management plans to add interstate 
organizations (including Indian tribes) and to authorize the 
Fish and Wildlife Service or the National Oceanic and 
Atmospheric Administration to assist states or Indian tribes, 
at their request, in the enforcement of a state or interstate 
aquatic nuisance species management plan. Provisions on 
enforcement assistance are not to be construed as broadening 
existing enforcement authorities of the Fish and Wildlife 
Service or the National Oceanic and Atmospheric Administration.
    (f) Authorization of Appropriations.--NISA authorizes the 
appropriation of $2 million to the Secretary of Transportation 
for 1997 and 1998, and $3 million for 1999 through 2002, 
totaling $16 million, to prevent unintentional introductions of 
aquatic nuisance species in waters of the United States under 
section 1101, including the development of the new voluntary 
guidelines, periodically reviewing those guidelines, providing 
education and technical assistance, and enforcing regulations.
    NISA authorizes the appropriation of $1 million to the Fish 
and Wildlife Service and $1 million to the Secretary for each 
of fiscal years 1997 through 2002, totaling $12 million, to 
perform the ecological surveys required under section 
1102(b)(1) and the ballast discharge surveys required under 
section 1102(b)(2).
    NISA authorizes the appropriation of $2.25 million to the 
Secretary of the Smithsonian Institute for each of fiscal years 
1997 through 2002, totaling $13.5 million, to provide regional 
research grants under section 1102(e).
    NISA authorizes the appropriation of $500,000 for each of 
fiscal years 1997 through 2002, totaling $3 million, to the 
Secretary of Transportation to develop and maintain the 
National Ballast Information Clearinghouse required under 
section 1102(f).
    NISA authorizes the appropriation of $6 million for each of 
fiscal years 1997 through 2002, totaling $36 million, to the 
Department of the Interior to be used by the Fish and Wildlife 
Service to carry out its responsibilities in implementing the 
aquatic nuisance species program in section 1202 and the Brown 
Tree Snake Control Program in section 1209.
    NISA authorizes the appropriation of $1 million for each of 
fiscal years 1997 through 2002, totaling $6 million, to the 
Department of Commerce to be used by the National Oceanic and 
Atmospheric Administration to carry out its responsibilities in 
implementing the aquatic nuisance species program in section 
1202.
    NISA authorizes the appropriation of $1.625 million for 
each of fiscal years 1997 through 2002, totaling $9.75 million, 
to fund aquatic nuisance species control research under section 
1202(i). $500,000 of this annual authorization is to go the 
Lake Champlain Research Consortium and the remainder is to go 
to the National Oceanic and Atmospheric Administration's Great 
Lakes Environmental Research Laboratory.
    NISA authorizes the appropriation of $5 million for each of 
fiscal years 1997 through 2002, totaling $30 million, for 
grants for research on aquatic nuisance species under section 
1202(f)(3). $4 million of this annual authorization is for 
grants administered through the National Sea Grant College 
Program and for grants to land grant colleges. $1 million of 
this annual authorization is for grants administered through 
the Cooperative Fisheries and Wildlife Research Unit of the 
United States Fish and Wildlife Service.
    NISA authorizes the appropriation of $3 million for each of 
fiscal years 1997 through 2002, totaling $18 million, to the 
Army Corps of Engineers for research on and development and 
demonstration of environmentally sound methods of control of 
zebra mussels in and around public facilities under section 
1202(i)(1)(B).
    NISA authorizes the appropriation of $300,000 for each of 
fiscal years 1997 through 2002, totaling $1.8 million, to fund 
regional panels under section 1203, of which $100,000 annually 
is to be to the Great Lakes Commission.
    NISA authorizes the appropriation of $4 million for each of 
fiscal years 1997 through 2002, totaling $24 million, to the 
Department of the Interior for the Fish and Wildlife Service to 
make grants with approved aquatic nuisance species management 
plans under section 1204, of which $1.5 million annually shall 
be used for grants to states with approved aquatic nuisance 
species management plans for management of aquatic nuisance 
vegetable species.
    NISA authorizes the appropriation of $2.5 million to the 
Department of the Interior to conduct the ballast water 
management demonstration program required by section 1104.
    (g) Technical Corrections.--This section makes technical 
corrections to the Act to remove beginning and closing 
quotation marks that were inadvertently codified in Public Law 
101-646.

SECTION 3. STATUTORY CONSTRUCTION.

    Section 3 clarifies the Committee's intent that NISA not 
affect the authorities and responsibilities of the Great Lakes 
Fishery Commission.

               Hearings and Previous Legislative Activity

    H.R. 3217, the National Invasive Species Act of 1996, was 
introduced by Congressman Steven LaTourette alone with eighteen 
cosponsors on March 29, 1996. The bill was referred primarily 
to the Committee on Transportation and Infrastructure, and in 
addition, to the Committee on Resources.
    On July 17, 1996, the Subcommittee on Water Resources and 
Environment and the Subcommittee on the Coast Guard and 
Maritime Transportation held a hearing on H.R. 3217. The 
Subcommittees heard testimony from eleven witnesses including 
representatives of the United States Coast Guard, the National 
Oceanic and Atmospheric Administration, the United States 
Environmental Protection Agency, the Army Corps of Engineers, 
the Minnesota Department of Natural Resources, the Chesapeake 
Bay Commission, state and local agencies, and the maritime 
industry. All of the witnesses supported the intent, 
objectives, and basic provisions of the bill.

                        Committee Consideration

    Clause 2(l)(2)(B) of rule XI requires each committee report 
to include the total number of votes cast for and against on 
each rollcall vote on a motion to report and on any amendment 
offered to the measure or matter, and the names of those 
members voting for and against. The Committee considered the 
bill and an amendment in the nature of a substitute and 
favorably reported it, as amended, by a voice vote.

                      Committee Oversight Findings

    Clause 2(l)(3)(A) of rule XI requires each committee report 
to contain oversight findings and recommendations required 
pursuant to clause 2(b)(1) of rule X. The Committee has no 
specific oversight findings.

 Oversight Findings and Recommendations of the Committee on Government 
                          Reform and Oversight

    Clause 2(l)(3)(D) of rule XI requires each committee report 
to contain a summary of the oversight findings and 
recommendations made by the Government Reform and Oversight 
Committee pursuant to clause 4(c)(2) of rule X, whenever such 
findings have been timely submitted. The Committee on 
Transportation and Infrastructure has received no findings and 
recommendations from the Committee on Government Reform and 
Oversight.

                        Committee Cost Estimate

    Clause 2(l)(3)(B) of rule XI requires each committee report 
that accompanies a measure providing new budget authority, new 
spending authority, or new credit authority or changing 
revenues or tax expenditures to contain a cost estimate, as 
required by section 308(a)(1) of the Congressional Budget Act 
of 1974 and, when practicable with respect to estimates of new 
budget authority, a comparison of the total estimated funding 
levels for the relevant program (or programs) to the 
appropriate levels under current law.
    Clause 7(a) of rule XIII requires committees to include 
their own cost estimates in certain committee reports, which 
include, where practicable, a comparison of the total estimated 
funding level for the relevant program (or programs) with the 
appropriate levels under current law.
    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office, pursuant to 
section 403 of the Congressional Budget Act of 1994.

                 Congressional Budget Office Estimates

    Clause 2(l)(3)(C) of rule XI requires each committee report 
to include a cost estimate prepared by the Director of the 
Congressional Budget Office, pursuant to section 403 of the 
Congressional Budget Act of 1974, if the cost estimate is 
timely submitted. The following is the Congressional Budget 
Office cost estimate:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 19, 1996.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3217, the National 
Invasive Species Act of 1996.
    Enacting H.R. 3217 could affect direct spending and 
receipts. Therefore, pay-as-you-go procedures would apply to 
the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: H.R. 3217.
    2. Bill title: National Invasive Species Act of 1996.
    3. Bill Status: As ordered reported by the House Committee 
on Transportation and Infrastructure on September 12, 1996.
    4. Bill purpose: H.R. 3217 would amend the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990, which 
addresses environmental problems caused by the introduction and 
spread of certain aquatic species such as the zebra mussel into 
the Great Lakes and other U.S. waters. The bill would: (1) 
reauthorize ongoing regulatory and research activities carried 
out by the Aquatic Nuisance Species Task Force, the Army Corps 
of Engineers, and the Departments of Transportation, Commerce, 
and the Interior, (2) expand federal regulatory activities to 
encompass all U.S. waters, and (3) establish new programs, 
including:
          Educational and technical assistance programs to aid 
        vessel operators in complying with federal guidelines;
          Ecological and ballast discharge surveys of specified 
        estuaries such as the Chesapeake Bay;
          Several new research grants and demonstration 
        programs;
          A national clearinghouse for ballast water 
        information; and
          New regional programs, including regional research 
        grants and regional advisory panels.
    Finally, the bill would authorize the appropriation of 
funds for both existing programs and new programs through 
fiscal year 2002.
    5. Estimated cost to the Federal Government: H.R. 3217 
would authorize appropriations totaling nearly $174 million 
over the 1997-2002 period, including between $18 million and 
$19 million annually for regulatory and research activities 
already carried out (on a more limited basis) under the 1990 
act. The bill would authorize funds totaling $64 million over 
the 1997-2002 period for new programs that would be established 
by H.R. 3217.
    In addition to providing authorizations of appropriations, 
the bill could also affect federal revenues and direct spending 
by establishing civil and criminal fines that may be imposed by 
the U.S. Coast Guard in the future. CBO estimates that revenues 
and direct spending would not be affected until 1999, however, 
and that any such changes would likely be less than $500,000 a 
year. The estimated budgetary effects of H.R. 3217 are 
summarized in the following table.

                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                     1996     1997     1998     1999     2000     2001     2002 
----------------------------------------------------------------------------------------------------------------
                                    SPENDING SUBJECT TO APPROPRIATIONS ACTION                                   
                                                                                                                
Spending under current law:                                                                                     
    Budget authority \1\.........................        9  .......  .......  .......  .......  .......  .......
    Estimated outlays............................        9        2  .......  .......  .......  .......  .......
Proposed changes:                                                                                               
    Authorization level..........................  .......       31       28       29       29       29       29
    Estimated outlays............................  .......       19       26       30       29       29       29
Spending under H.R. 3217:                                                                                       
    Authorization level \1\......................        9       31       28       29       29       29       29
    Estimated outlays............................        9       21       26       30       29       29       29
                                                                                                                
                                     CHANGES IN REVENUES AND DIRECT SPENDING                                    
                                                                                                                
Revenues:                                                                                                       
    Estimated revenues...........................  .......  .......  .......    (\2\)    (\2\)    (\2\)    (\2\)
Direct spending:                                                                                                
    Estimated budget authority...................  .......  .......  .......  .......    (\2\)    (\2\)    (\2\)
    Estimated outlays............................  .......  .......  .......  .......    (\2\)    (\2\)    (\2\)
----------------------------------------------------------------------------------------------------------------
\1\ The 1996 level is the amount appropriated for programs authorized by this bill.                             
\2\ Less than $500,000.                                                                                         

    The costs of this bill fall within budget functions 300, 
400, and 500.
    6. Basis of estimate: For purposes of this estimate, CBO 
assumes that H.R. 3217 will be enacted within the next few 
weeks, and that the full amounts authorized will be 
appropriated for each fiscal year. The authorization levels for 
each fiscal year are as stated in the bill, including $3.8 
million in 1997 for one-time research and demonstration 
projects. Outlays for all programs have been estimated on the 
basis of historical patterns for similar programs.
    Section 2(b) of the bill would establish criminal and civil 
penalties for failure to comply with regulations established by 
the Coast Guard to prevent the introduction or spread of 
nonindigenous species into U.S. waters. The Coast Guard would 
promulgate such regulations only if the agency determines that 
vessel operators are not complying with voluntary guidelines or 
that such guidelines are ineffective. Based on the timetables 
established by the bill for reviewing the effect of the 
voluntary guildelines, CBO expects that no mandatory 
regulations would be imposed before fiscal year 1999. We 
estimate that, beginning in that year, the penalties 
established by section 2(b) would increase governmental 
receipts by less than $500,000 annually. Criminal fines would 
be deposited in the Crime Victims Fund and would be available 
for spending in the following year. Thus, direct spending from 
the fund would match the increase in revenues with a one-year 
lag.
    7. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts through 1998. CBO estimates that the civil 
and criminal penalties established by H.R. 3217 would affect 
spending and receipts if the Coast Guard decides to impose 
mandator national regulations for the discharge of ballast 
water. Therefore, pay-as-you-go procedures would apply to the 
bill. However, we estimate that any resulting increase in 
receipts from civil and criminal fines established by the bill 
and related spending of criminal fines from the Crime Victims 
Fund would not occur before fiscal year 1999. The estimated 
pay-as-you-go effect is summarized in the following table.


                [By fiscal year, in millions of dollars]                
------------------------------------------------------------------------
                                            1996       1997       1998  
------------------------------------------------------------------------
Change in outlays......................          0          0          0
Change in outlays......................          0          0          0
------------------------------------------------------------------------

    8. Estimated impact on State, local, and tribal 
governments: The bill contains no intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act of 1995 (Public Law 
104-4). It would authorize funding for states to help them 
prevent and control the spread of aquatic nuisance species.
    The bill would authorize appropriations of $4 million for 
each of fiscal years 1997 through 2002 for grants to fund state 
efforts to control aquatic nuisance species. States would be 
eligible for this funding if they develop and submit plans 
detailing how they intend to deal with nuisance species. The 
bill would also change this program to allow interstate 
organizations to submit plans and receive funding.
    The bill would also reauthorize ongoing grant programs and 
would establish several new grant programs to fund research on 
preventing and controlling aquatic nuisance species in 
different regions of the country. State universities would be 
eligible to receive this grant funding. The bill would 
authorize total appropriations of $44 million for these grants 
over fiscal years 1997 through 2002.
    9. Estimated impact on the private sector: Section 2 would 
impose new private-sector mandates for vessels equipped with 
ballast water tanks that operate in waters of the United 
States. In particular, it would maintain regulations for 
ballast exchange for vessels bound for the Great Lakes and 
would establish new requirements for ballast exchange for 
vessels bound for other U.S. waters. Based on data for 1995, 
the new mandate for ballast exchange would affect up to 48,000 
port calls. In addition, section 2 would establish new 
requirements for management practices for ship operations other 
than ballast discharge, ballasting practices of vessels that 
enter U.S. waters with no ballast on board, and recordkeeping.
    Representatives of the private sector have offered a wide 
range of opinions regarding the costs for each vessel, 
depending on the additional distance that the vessel must 
travel to exchange ballast, the additional time required to 
make the exchange, the method of exchange, the type of vessel, 
and other factors. Thus, the costs of compliance could be 
negligible for some vessels and high for others. CBO does not 
yet have enough information about current or potential future 
practices to measure the incremental costs of the mandates. 
Therefore, we cannot ascertain whether those costs would exceed 
the $100 million threshold for private-sector mandates.
    10. Previous CBO estimate. None.
    11. Estimate prepared by: Federal cost estimate--Deborah 
Reis. Impact on state, local, and tribal governments--Pepper 
Santalucia. Impact on the private sector--Victoria Greenfield.
    12. Estimate approved by: Robert A. Sunshine, for Paul N. 
Van de Water, Assistant Director for Budget Analysis.

                     Inflationary Impact Statement

    Clause 2(l)(4) of rule XI requires each committee report on 
a bill or joint resolution of a public character to include an 
analytical statement describing what impact enactment of the 
measure would have on prices and costs in the operation of the 
national economy. The Committee has determined that H.R. 3217 
has no inflationary impact on the national economy.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

   NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL ACT OF 1990

AN ACT To prevent and control infestations of the coastal inland waters 
   of the United States by the zebra mussel and other nonindigenous 
aquatic nuisance species, to reauthorize the National Sea Grant College 
                    Program, and for other purposes.

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

          [``]TITLE I--AQUATIC NUISANCE PREVENTION AND CONTROL

                     Subtitle A--General Provisions

[``]SECTION 1001. SHORT TITLE.

  [``]This title may be cited as the ``Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990''.

[``]SEC. 1002. FINDINGS AND PURPOSES.

  [``](a) Findings.--The Congress finds that--
          [``](1) the discharge of untreated water in the 
        ballast tanks of vessels and through other means 
        results in unintentional introductions of nonindigenous 
        species to fresh, brackish, and saltwater environments;
          [``(2) when environmental conditions are favorable, 
        nonindigenous species, such as the zebra mussel 
        (Dreissena polymorpha), become established and may 
        disrupt the aquatic environment and economy of affected 
        coastal areas;
          [``(3) the zebra mussel was unintentionally 
        introduced into the Great Lakes and, if left 
        uncontrolled, is expected to infest over two-thirds of 
        the continental United States through the unintentional 
        transportation of larvae and adults by vessels 
        operating in inland waters;]
          (2) when environmental conditions are favorable, 
        nonindigenous species become established 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;
          [``](4) the potential economic disruption to 
        communities affected by the zebra mussel due to its 
        colonization of water pipes, boat hulls and other hard 
        surfaces has been estimated at $5,000,000,000 by the 
        year 2000, and the potential disruption to the 
        diversity and abundance of native fish and other 
        species by the zebra mussel and ruffe, round goby, and 
        other nonindigenous species could be severe; [and]
          (5) the zebra mussel was discovered on Lake Champlain 
        during 1993 and the opportunity exists to act quickly 
        to establish zebra mussel controls before Lake 
        Champlain is further infested and management costs 
        escalate[.];
          (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 (Eriochei sinensis) that 
                has become established on the Pacific Coast;
                  (B) the green crab (Carcinus maenus) 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 of 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, among others, the Federal Government 
        and State governments, and investment in the 
        development of prevention technologies.
  [``](b) Purposes.--The purposes of this Act are--
          [``](1) to prevent unintentional introduction and 
        dispersal of nonindigenous species into waters of the 
        United States through ballast water management and 
        other requirements;
          [``](2) to coordinate federally conducted, funded or 
        authorized research, prevention control, information 
        dissemination and other activities regarding the zebra 
        mussel and other aquatic nuisance species;
          [``](3) to develop and carry out environmentally 
        sound control methods to prevent, monitor and control 
        unintentional introductions of nonindigenous species 
        from pathways other than ballast water exchange;
          [``](4) to understand and minimize economic and 
        ecological impacts of nonindigenous aquatic nuisance 
        species that become established, including the zebra 
        mussel; and
          [``](5) to establish a program of research and 
        technology development and assistance to States in the 
        management and removal of zebra mussels.

[``]SEC. 1003. DEFINITIONS.

  [``]As used in this Act, the term--
          [``(1) `appropriate Committees'] (1) ``appropriate 
        Committees'' means [the Committee on Public Works and 
        Transportation and the Committee on Merchant Marine and 
        Fisheries] the Committee on Transportation and 
        Infrastructure and the Committee on Resources in the 
        House of Representatives and the Committee on 
        Environment and Public Works and Committee on Commerce, 
        Science, and Transportation in the Senate; and
          [``(2) `aquatic nuisance species'] (2) ``aquatic 
        nuisance species'' means a nonindigenous species that 
        threatens the diversity or abundance of native species 
        or the ecological stability of infested waters, or 
        commercial, agricultural, aquacultural or recreational 
        activities dependent on such waters;
          [``(3) `assistant Secretary'] (3) ``Assistant 
        Secretary'' means the Assistant Secretary of the Army 
        (Civil Works);
          [``(4) `ballast water'] (4) ``ballast water'' means 
        any water and associated sediments used to manipulate 
        the trim and stability of a vessel;
          [``(5) `Director'] (5) ``Director'' means the 
        Director of the United States Fish and Wildlife 
        Service;
          [``(6) `exclusive economic zone'] (6) ``exclusive 
        economic zone;' means the Exclusive Economic Zone of 
        the United States established by Proclamation Number 
        5030, dated March 10, 1983, and the equivalent zone of 
        Canada;
          [``(7) `environmentally sound'] (7) ``environmentally 
        sound'' methods, efforts, actions or programs means 
        methods, efforts, actions or programs to prevent 
        introductions or control infestations of aquatic 
        nuisance species that minimize adverse impacts to the 
        structure and function of an ecosystem and adverse 
        effects on non-target organisms and ecosystems and 
        emphasize integrated pest management techniques and 
        nonchemical measures;
          [``(8) `Great Lakes'] (8) ``Great Lakes'' means Lake 
        Ontario, Lake Erie, Lake Huron (including Lake St. 
        Clair), Lake Michigan, Lake Superior, and the 
        connecting channels (Saint Mary's River, Saint Clair 
        River, Detroit River, Niagara River, and Saint Lawrence 
        River to the Canadian Border), and includes all other 
        bodies of water within the drainage basin of such lakes 
        and connecting channels.
          (9) ``Great Lakes region'' means the 8 States that 
        border on the Great Lakes;
          (10) ``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;
          (11) ``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;
          [``(9) `nonindigenous species'] (12) ``nonindigenous 
        species'' means any species or other viable biological 
        material that enters an ecosystem beyond its historic 
        range, including any such organism transferred from one 
        country into another;
          [``(10) `Secretary'] (13) ``Secretary'' means the 
        Secretary of the department in which the Coast Guard is 
        operating;
          [``(11) `Task Force'] (14) ``Task Force'' means the 
        Aquatic Nuisance Species Task Force established under 
        section 1201 of this Act;
          [``(12) `territorial sea'] (15) ``territorial sea'' 
        means the belt of the sea measured from the baseline of 
        the United States determined in accordance with 
        international law, as set forth in Presidential 
        Proclamation Number 5928, dated December 27, 1988;
          [``(13) `Under Secretary'] (16) ``Under Secretary'' 
        means the Under Secretary of Commerce for Oceans and 
        Atmosphere;
          [``(14) `waters of the United States'] (17) ``waters 
        of the United States'' means the navigable waters and 
        the territorial sea of the United States; and
          [``(15) `unintentional introduction'] (18) 
        ``unintentional introduction'' means an introduction of 
        nonindigenous species that occurs as the result of 
        activities other than the purposeful or intentional 
        introduction of the species involved, such as the 
        transport of nonindigenous species in ballast or in 
        water used to transport fish, mollusks or crustaceans 
        for aquaculture or other purposes.

  [``Subtitle B--Prevention of Unintentional Introductions of Aquatic 
                            Nuisance Species

[``SEC. 1101. AQUATIC NUISANCE SPECIES IN THE GREAT LAKES.

  [``(a) Guidelines.--(1) Not later than 6 months after the 
date of enactment of the 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) 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;
          [``(B) protect the safety of each vessel, its crew, 
        and passengers;
          [``(C) take into consideration different vessel 
        operating conditions; and
          [``(D) be based on the best scientific information 
        available.
  [``(3) Within 12 months after the date of enactment of this 
Act, the Secretary shall carry out education and technical 
assistance programs and other measures to encourage compliance 
with the guidelines issued under this subsection.
  [``(b) Authority of Secretary.--(1) Within 24 months 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) The regulations issued under this subsection shall--
          [``(A) require all vessels that carry ballast water 
        and 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) request the Secretary of the Treasury to 
        withhold or revoke the clearance required by section 
        4197 of the Revised Statutes (46 App. U.S.C. 91) of a 
        vessel, the owner or operator of which is in violation 
        of the regulations;
          [``(G) protect the safety of each vessel, its crew, 
        and passengers;
          [``(H) take into consideration different vessel 
        operating conditions; and
          [``(I) be based on the best scientific information 
        available.
  [``(3) In addition to issuing regulations under paragraph 
(1), the Secretary, in consultation with the Task Force shall, 
not later than 24 months after the date of the enactment of 
this paragraph, issue regulations to prevent the introduction 
and spread of aquatic nuisance species in the Great Lakes 
through ballast water carried on vessels that, after operating 
on the waters beyond the exclusive economic zone, enter a 
United States port on the Hudson River north of the George 
Washington Bridge.''.
          [(3) In addition to issuing regulations under 
        paragraph (1), the Secretary, in consultation with the 
        Task Force shall, not later than 24 months after the 
        date of the enactment of this paragraph, issue 
        regulations to prevent the introduction and spread of 
        aquatic nuisance species into the Great Lakes through 
        ballast water carried on vessels that, after operating 
        on the waters beyond the exclusive economic zone, enter 
        a United States port on the Hudson River north of the 
        George Washington Bridge.
  [``(c) Civil Penalties.--Any person who violates the 
regulations issued under subsection (b) 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.
  [``(d) Criminal Penalties.--Any person who knowingly violates 
the regulations issued under subsection (b) is guilty of a 
class C felony.
  [``(e) Consultation With Canada.--In developing the 
guidelines and regulations, the Secretary is encouraged to 
consult with the Government of Canada to develop an effective 
international program for preventing the introduction and 
spread of aquatic nuisance species in the Great Lakes from the 
ballast water of vessels.]

Subtitle B--Prevention of Unintentional Introductions of Nonindigenous 
                            Aquatic Species

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;
                  (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 encourage 
        compliance with the guidelines 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) 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 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;
                  (D) 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 discharge; and
                          (ii) ballasting practices of vessels 
                        that enter waters of the United States 
                        with no ballast on board;
                  (E) 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 (h), 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;
                  (F) provide for sampling procedures to 
                monitor compliance with the guidelines;
                  (G) protect the safety of--
                          (i) each vessel; and
                          (ii) the crew and passengers of each 
                        vessel;
                  (H) take into consideration--
                          (i) variations in the characteristics 
                        of point of origin and receiving water 
                        bodies;
                          (ii) variations in the ecological 
                        conditions of waters and coastal areas 
                        of the United States; and
                          (iii) different operating conditions;
                  (I) be based on the best scientific 
                information available; and
                  (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.).
          (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) Periodic Review and Revision.--
          (1) In general.--Not later than 3 years after the 
        date of enactment of the National Invasive Species Act 
        of 1996, 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 
                        (e)(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(e)(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).
  (e) Authority of Secretary.--
          (1) General regulations.--If, on the basis of a 
        periodic review conducted under subsection (d)(1) or a 
        special review conducted under subsection (d)(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 
                guidelines and provide a rate of compliance of 
                vessels, including the assessment of the rate 
                of compliance of vessels under subsection 
                (d)(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) make mandatory the requirements 
                        included in the voluntary guidelines 
                        issued under subsection (c); and
                          (ii) provide for the enforcement of 
                        the regulations; and
                  (B) may be regional in scope.
  (f) Sanctions.--
          (1) Civil penalties.--Any person who violates a 
        regulation promulgated under subsection (b) or (e) 
        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 (e) 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 (e).
  (g) 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.
  (h) Consultation With Canada, Mexico, and Other Foreign 
Governments.--In developing the guidelines issued and 
regulations promulgated under this section, the Secretary is 
encouraged to consult with the Government of Canada, the 
Government of Mexico, and any other government of a foreign 
country that the Secretary, in consultation with the Task 
Force, determines to be necessary to develop and implement an 
effective international program for preventing the 
unintentional introduction and spread of nonindigenous species.
  (i) International Cooperation.--The Secretary, in cooperation 
with the International Maritime Organization of the United 
Nations and the Commission on Environmental Cooperation 
established pursuant to the North American Free Trade 
Agreement, is encouraged to enter into negotiations with the 
governments of foreign countries to develop and implement an 
effective international program for preventing the 
unintentional introduction and spread of nonindigenous species.

[``SEC. 1102. NATIONAL BALLAST WATER CONTROL PROGRAM.]

SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.

  [``](a) Studies on Introduction of Aquatic Nuisance Species 
by Vessels.--
          [``](1) Ballast exchange study.--The Task Force, in 
        cooperation with the Secretary, shall conduct a study--
                  [``](A) to assess the environmental effects 
                of ballast water exchange on the diversity and 
                abundance of native species in receiving 
                estuarine, marine, and fresh waters of the 
                United States; and
                  [``](B) to identify areas within the waters 
                of the United States and the exclusive economic 
                zone, if any, where the exchange of ballast 
                water does not pose a threat of infestation or 
                spread of aquatic nuisance species in the Great 
                Lakes and other waters of the United States.
          [``](2) Biological study.--The Task Force, in 
        cooperation with the Secretary, shall conduct a study 
        to determine whether aquatic nuisance species threaten 
        the ecological characteristics and economic uses of 
        Lake Champlain and other waters of the United States 
        other than the Great Lakes.
          [``](3) Shipping study.--The Secretary shall conduct 
        a study to determine the need for controls on vessels 
        entering waters of the United States, other than the 
        Great Lakes, to minimize the risk of unintentional 
        introduction and dispersal of aquatic nuisance species 
        in those waters. The study shall include an examination 
        of--
                  [``](A) the degree to which shipping may be a 
                major pathway of transmission of aquatic 
                nuisance species in those waters;
                  [``](B) possible alternatives for controlling 
                introduction of those species through shipping; 
                and
                  [``](C) the feasibility of implementing 
                regional versus national control measures.
  [``(b) Consultation.--The Secretary and the Task Force shall 
cooperate in conducting their respective studies under this 
section.]
  (b) Ecological and Ballast 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 discharge surveys.--
                  (A) In general.--The Secretary, in 
                cooperation with the Task Force, shall conduct 
                surveys of ballast 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 discharge 
                        practices to reduce the probability of 
                        accidental introductions of aquatic 
                        nuisance species.
  [``](c) Reports.--
          [``](1) Ballast exchange.--Not later than 18 months 
        after the date of enactment of this Act and prior to 
        the effective date of the regulations issued under 
        section 1101(b), the Task Force shall submit a report 
        to the appropriate Committees that presents the results 
        of the study required under subsection (a)(1) and makes 
        recommendations with respect to such regulations.
          [``](2) Biological and shipping studies.--Not later 
        than 18 months after the date of enactment of this Act, 
        the Secretary and the Task Force shall each submit to 
        the appropriate Committees a report on the results of 
        their respective studies under paragraphs (2) and (3) 
        of subsection (a).
  [``](d) Negotiations.--The Secretary, working through the 
International Maritime Organization, is encouraged to enter 
into negotiations with the governments of foreign countries 
concerning the planning and implementation of measures aimed at 
the prevention and control of unintentional introductions of 
aquatic nuisance species in coastal waters.
  (e) Regional Research Grants.--Out of amounts appropriated to 
carry out this subsection for a fiscal year, the Secretary of 
the Smithsonian Institution shall--
          (1) award not to exceed $750,000 to the Chesapeake 
        Research Consortium to fund research on aquatic 
        nuisance species prevention and control in the 
        Chesapeake Bay through competitive grants to 
        universities and research institutions;
          (2) award not to exceed $500,000 to the Louisiana 
        Universities Marine Consortium to fund research on 
        aquatic nuisance species prevention and control in the 
        Gulf of Mexico through competitive grants 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 competitive 
        grants to universities and research institutions; and
          (4) make available not to exceed $500,000 to fund 
        research on aquatic nuisance species prevention and 
        control for the Atlantic Coast through competitive 
        grants to universities and research institutions.
  (f) National Ballast Information Clearinghouse.--
          (1) In general.--The Secretary shall develop and 
        maintain, in consultation 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 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 appropriate Committees, 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.

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, 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, shall--
                  (A) use only vessels that--
                          (i) are approved by the Secretary;
                          (ii) have ballast 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 
        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 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 shall prepare and submit 
        a report to the appropriate Committees on the 
        demonstration program conducted pursuant to this 
        section. The report shall include findings and 
        recommendations of the Secretary of the Interior 
        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.

   [``Subtitle C--Prevention and Control of Aquatic Nuisance Species]

    Subtitle C--Prevention and Control of Aquatic Nuisance Species 
                               Dispersal

[``]SEC. 1201. ESTABLISHMENT OF TASK FORCE.

  [``](a) Task Force.--There is hereby established an ``Aquatic 
Nuisance Species Task Force''.
  [``](b) Membership.--Membership of the Task Force shall 
consist of--
          [``](1) the Director;
          [``](2) the Under Secretary;
          [``](3) the Administrator of the Environmental 
        Protection Agency;
          [``](4) the Commandant of the United States Coast 
        Guard;
          [``](5) the Assistant Secretary; [and]
          (6) the Secretary of Agriculture; and
          [``(6)] (7) the head of any other Federal agency that 
        the chairpersons designated under subsection (d) deem 
        appropriate.
  [``](c) Ex Officio Members.--The chairpersons designated 
under subsection (d) shall invite representatives of the Great 
Lakes Commission, the Lake Champlain Basin Program, the 
Chesapeake Bay Program, and State agencies and other 
governmental entities to participate as ex officio members of 
the Task Force.
  [``](d) Chairpersons.--The Director and the Under Secretary 
shall serve as co-chairpersons of the Task Force and shall be 
jointly responsible, and are authorized to undertake such 
activities as may be necessary, for carrying out this subtitle 
in consultation and cooperation with the other members of the 
Task Force.
  [``](e) Memorandum of Understanding.--Within six months of 
the date of enactment of this Act, the Director and the Under 
Secretary shall develop a memorandum of understanding that 
describes the role of each in jointly carrying out this 
subtitle.
  [``](f) Coordination.--Each Task Force member shall 
coordinate any action to carry out this subtitle with any such 
action by other members of the Task Force, and regional, State 
and local entities.

[``]SEC. 1202. AQUATIC NUISANCE SPECIES PROGRAM.

  [``](a) In General.--The Task Force shall develop and 
implement a program for waters of the United States to prevent 
introduction and dispersal of aquatic nuisance species; to 
monitor, control and study such species; and to disseminate 
related information.
  [``](b) Content.--The program developed under subsection (a) 
shall--
          [``](1) identify the goals, priorities, and 
        approaches for aquatic nuisance species prevention, 
        monitoring, control, education and research to be 
        conducted or funded by the Federal Government;
          [``](2) describe the specific prevention, monitoring, 
        control, education and research activities to be 
        conducted by each Task Force member;
          [``](3) coordinate aquatic nuisance species programs 
        and activities of Task Force members and affected State 
        agencies;
          [``](4) describe the role of each Task Force member 
        in implementing the elements of the program as set 
        forth in this subtitle;
          [``](5) include recommendations for funding to 
        implement elements of the program; and
          [``](6) develop a demonstration program of 
        prevention, monitoring, control, education and research 
        for the zebra mussel, to be implemented in the Great 
        Lakes and any other waters infested, or likely to 
        become infested in the near future, by the zebra 
        mussel.
  [``](c) Prevention.--
          [``](1) In general.--The Task Force shall establish 
        and implement measures, within the program developed 
        under subsection (a), to minimize the risk of 
        introduction of aquatic nuisance species to waters of 
        the United States, including--
                  [``](A) identification of pathways by which 
                aquatic organisms are introduced to waters of 
                the United States;
                  [``](B) assessment of the risk that an 
                aquatic organism carried by an identified 
                pathway may become an aquatic nuisance species; 
                and
                  [``](C) evaluation of whether measures to 
                prevent introductions of aquatic nuisance 
                species are effective and environmentally 
                sound.
          [``](2) Implementation.--Whenever the Task Force 
        determines that there is a substantial risk of 
        unintentional introduction of an aquatic nuisance 
        species by an identified pathway and that the adverse 
        consequences of such an introduction are likely to be 
        substantial, the Task Force shall, acting through the 
        appropriate Federal agency, and after an opportunity 
        for public comment, carry out cooperative, 
        environmentally sound efforts with regional, State and 
        local entities to minimize the risk of such an 
        introduction.
  [``](d) Monitoring.--The Task Force shall establish and 
implement monitoring measures, within the program developed 
under subsection (a), to--
          [``](1) detect unintentional introductions of aquatic 
        nuisance species;
          [``](2) determine the dispersal of aquatic nuisance 
        species after introduction; and
          [``](3) provide for the early detection and 
        prevention of infestations of aquatic nuisance species 
        in unaffected drainage basins.
  [``](e) Control.--
          [``](1) In general.--The Task Force may develop 
        cooperative efforts, within the program established 
        under subsection (a), to control established aquatic 
        nuisance species to minimize the risk of harm to the 
        environment and the public health and welfare. For 
        purposes of this Act, control efforts include 
        eradication of infestations, reductions of populations, 
        development of means of adapting human activities and 
        public facilities to accommodate infestations, and 
        prevention of the spread of aquatic nuisance species 
        from infested areas. Such control efforts shall be 
        developed in consultation with affected Federal 
        agencies, States, Indian Tribes, local governments, 
        interjurisdictional organizations, and other 
        appropriate entities. Control actions authorized by 
        this section shall be based on the best available 
        scientific information and shall be conducted in an 
        environmentally sound manner.
          [``](2) Decisions.--The Task Force or any other 
        affected agency or entity may recommend that the Task 
        Force initiate a control effort. In determining whether 
        a control program is warranted, the Task Force shall 
        evaluate the need for control (including the projected 
        consequences of no control and less than full control); 
        the technical and biological feasibility and cost-
        effectiveness of alternative control strategies and 
        actions; whether the benefits of control, including 
        costs avoided, exceed the costs of the program; the 
        risk of harm to non-target organisms and ecosystems, 
        public health and welfare; and such other 
        considerations the Task Force determines appropriate. 
        The Task Force shall also determine the nature and 
        extent of control of target aquatic nuisance species 
        that is feasible and desirable.
          [``](3) Programs.--If the Task Force determines in 
        accordance with paragraph (2) that control of an 
        aquatic nuisance species is warranted, the Task Force 
        shall develop a proposed control program to achieve the 
        target level of control. A notice summarizing the 
        proposed action and soliciting comments shall be 
        published in the Federal Register, in major newspapers 
        in the region affected, and in principal trade 
        publications of the industries affected. Within 180 
        days of proposing a control program, and after 
        consultation with affected governmental and other 
        appropriate entities and taking into consideration 
        other comments received, the Task Force shall complete 
        development of the proposed control program.
  [``](f) Research.--
          [``](1) Priorities.--The Task Force shall, within the 
        program developed under subsection (a), conduct 
        research concerning--
                  [``](A) the environmental and economic risks 
                and impacts associated with the introduction of 
                aquatic nuisance species into the waters of the 
                United States;
                  [``](B) the principal pathways by which 
                aquatic nuisance species are introduced and 
                dispersed;
                  [``](C) possible methods for the prevention, 
                monitoring and control of aquatic nuisance 
                species; and
                  [``](D) the assessment of the effectiveness 
                of prevention, monitoring and control methods.
          [``](2) Protocol.--Within 90 days of the date of 
        enactment of this Act, the Task Force shall establish 
        and follow a protocol to ensure that research 
        activities carried out under this subtitle do not 
        result in the introduction of aquatic nuisance species 
        to waters of the United States.
          [``](3) Grants for research.--The Task Force shall 
        allocate funds authorized under this Act for 
        competitive research grants to study all aspects of 
        aquatic nuisance species, which shall be administered 
        through the National Sea Grant College Program and the 
        Cooperative Fishery and Wildlife Research Units. Grants 
        shall be conditioned to ensure that any recipient of 
        funds follows the protocol established under paragraph 
        (2) of this subsection.
  [``](g) Technical Assistance.--The Task Force shall, within 
the program developed under subsection (a), provide technical 
assistance to State and local governments and persons to 
minimize the environmental, public health, and safety risks 
associated with aquatic nuisance species, including an early 
warning system for advance notice of possible infestations and 
appropriate responses.
  [``](h) Education.--The Task Force shall, with the program 
developed under subsection (a), establish and implement 
educational programs through Sea Grant Marine Advisory Services 
and any other available resources that it determines to be 
appropriate to inform the general public, State governments, 
governments of political subdivisions of States, and industrial 
and recreational users of aquatic resources in connection with 
matters concerning the identification of aquatic nuisance 
species, and control methods for such species, including the 
prevention of the further distribution of such species.
  [``](i) Zebra Mussel Demonstration Program.--
          [``(1) In general.--The Task Force]
          (1) Zebra mussel.--
                  (A) In general.--The Task Force shall, within 
                the program developed under subsection (a), 
                undertake a program of prevention, monitoring, 
                control, education and research for the zebra 
                mussel to be implemented in the Great Lakes and 
                any other waters of the United States infested 
                or likely to become infested by the zebra 
                mussel, including--
                  [``(A) research]
                          (i) research and development 
                        concerning the species life history, 
                        environmental tolerances and impacts on 
                        fisheries and other ecosystem 
                        components, and the efficacy of control 
                        mechanisms and means of avoiding or 
                        minimizing impacts;
                  [``(B) tracking]
                          (ii) tracking the dispersal of the 
                        species and establishment of an early 
                        warning system to alert likely areas of 
                        future infestations;
                  [``(C) development]
                          (iii) development of control plans in 
                        coordination with regional, State and 
                        local entities; and
                  [``(D) provision]
                          (iv) provision of technical 
                        assistance to regional, State and local 
                        entities to carry out this section.
          [``(2) Public facility research and development.--The 
        Assistant Secretary, in consultation with the Task 
        Force, shall develop a program of research and 
        technology development for the environmentally sound 
        control of zebra mussels in and around public 
        facilities.]
                  (B) Public facility research and 
                development.--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. The Assistant Secretary shall 
                collect and make available, through 
                publications and other appropriate means, 
                information pertaining to such control methods.
                  (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.
          (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 
                appropriate Committees 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 
        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 the Lake Champlain Research 
        Consortium to assist in the research conducted by that 
        consortium pursuant to this subsection.
  [``](j) Implementation.--
          [``](1) Regulations.--[Not later than 18 months after 
        the date of the enactment of this Act, the Director] 
        The Director, the Secretary, and the Under Secretary 
        may issue such rules and regulations as may be 
        necessary to implement this section.
          [``](2) Participation of others.--The Task Force 
        shall provide opportunities for affected Federal 
        agencies which are not part of the Task Force, State 
        and local government agencies, and regional and other 
        entities with the necessary expertise to participate in 
        control programs. If these other agencies or entities 
        have sufficient authority or jurisdiction and expertise 
        and where this will be more efficient or effective, 
        responsibility for implementing all or a portion of a 
        control program may be delegated to such agencies or 
        entities.
  [``](k) Reports.--
          [``](1) Not later than 12 months after the date of 
        enactment of this Act, the Task Force shall submit a 
        report describing the program developed under 
        subsection (a), including the research protocol 
        required under subsection (f)(2), to the appropriate 
        Committees.
          [``](2) On an annual basis after the submission of 
        the report under paragraph (1), the Task Force shall 
        submit a report to the appropriate Committees detailing 
        progress in carrying out this section.

[``SEC. 1203. GREAT LAKES REGIONAL COORDINATION.]

SEC. 1203. REGIONAL COORDINATION.

  [``(a) In General.--Not]
  (a) Great Lakes Panel.--
          (1) In general.--Not later than 30 days following the 
        date of enactment of this Act, the Task Force shall 
        request that the Great Lakes Commission (established 
        under Article IV of the Great Lakes Compact to which 
        the Congress granted consent in the Act of July 24, 
        1968, P.L. 90-419) convene a panel of Great Lakes 
        region representatives from Federal, State and local 
        agencies and from private environmental and commercial 
        interests to--
          [``(1) identify]
                  (A) identify priorities for the Great Lakes 
                region with respect to aquatic nuisance 
                species;
          [``(2) make]
                  (B) make recommendations to the Task Force 
                regarding programs to carry out section 1202(i) 
                of this Act;
          [``(3) assist]
                  (C) assist the Task Force in coordinating 
                Federal aquatic nuisance species program 
                activities in the Great Lakes region;
          [``(4) coordinate]
                  (D) coordinate, where possible, aquatic 
                nuisance species program activities in the 
                Great Lakes region that are not conducted 
                pursuant to this Act;
          [``(5) provide]
                  (E) provide advice to public and private 
                individuals and entities concerning methods of 
                controlling aquatic nuisance species; and
          [``(6) submit]
                  (F) submit annually a report to the Task 
                Force describing activities within the Great 
                Lakes region related to aquatic nuisance 
                species prevention, research, control.
  [``(b) Consultation.--The Task Force]
          (2) Consultation.--The Task Force shall request that 
        the Great Lakes Fishery Commission provide information 
        to the panel convened under this [section] subsection 
        on technical and policy matters related to the 
        international fishery resources of the Great Lakes.
  [``(c) Canadian Participation.--The panel]
          (3) Canadian participation.--The panel convened under 
        this [section] subsection is encouraged to invite 
        representatives from the Federal, provincial or 
        territorial governments of Canada to participate as 
        observers.
  (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).

[``]SEC. 1204. STATE AQUATIC NUISANCE SPECIES MANAGEMENT PLANS.

  [``(a) State Plan.--
          [``(1) In general.--The Governor of each State may, 
        after notice and opportunity for public comment, 
        prepare and submit--]
  (a) State or Interstate Invasive Species Management Plans.--
          (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--
                  [``](A) a comprehensive management plan to 
                the Task Force for approval which identifies 
                those areas or activities within the State or 
                within the interstate region involved, other 
                than those related to public facilities, for 
                which [technical and financial assistance] 
                technical, enforcement, or financial assistance 
                (or any combination thereof) is needed to 
                eliminate or reduce the environmental, public 
                health, and safety risks associated with 
                aquatic nuisance species, particularly the 
                zebra mussel; and
                  [``](B) a public facility management plan to 
                the Assistant Secretary for approval which is 
                limited solely to identifying those public 
                facilities within the State or within the 
                interstate region involved for which technical 
                and financial assistance is needed to reduce 
                infestations of zebra mussels.
          [``](2) Content.--Each plan shall, to the extent 
        possible, identify the management practices and 
        measures that will be undertaken to reduce infestations 
        of aquatic nuisance species. Each plan shall--
                  [``](A) identify and describe State and local 
                programs for environmentally sound prevention 
                and control of the target aquatic nuisance 
                species;
                  [``](B) identify Federal activities that may 
                be needed for environmentally sound prevention 
                and control of aquatic nuisance species and a 
                description of the manner in which those 
                activities should be coordinated with State and 
                local government activities; [and]
                  (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
                  [``(C)] (D) a schedule of implementing the 
                plan, including a schedule of annual 
                objectives, and enabling legislation.
          [``](3) Consultation.--
                  [``](A) In developing and implementing a 
                management plan, the State or interstate 
                organization should, to the maximum extent 
                practicable, involve local governments and 
                regional entities, Indian tribes, and public 
                and private organizations that have expertise 
                in the control of aquatic nuisance species.
                  [``](B) Upon the request of a State or the 
                appropriate official of an interstate 
                organization, the Task Force or the Assistant 
                Secretary, as appropriate under paragraph (1), 
                may provide technical assistance in developing 
                and implementing a management plan.
          [``](4) Plan approval.--Within 90 days after the 
        submission of a management plan, the Task Force or the 
        Assistant Secretary in consultation with the Task 
        Force, as appropriate under paragraph (1), shall review 
        the proposed plan and approve it if it meets the 
        requirements of this subsection or return the plan to 
        the Governor or the interstate organization with 
        recommended modifications.
  [``](b) Grant Program.--
          [``](1) State grants.--The Director [or the Assistant 
        Secretary, as appropriate under subsection (a),] may, 
        at the recommendation of the Task Force, make grants to 
        States with [approved management plans] management 
        plans approved under subsection (a) for the 
        implementation of those plans.
          [``](2) Application.--An application for a grant 
        under this subsection shall include an identification 
        and description of the best management practices and 
        measures which the State proposes to utilize in 
        implementing an approved management plan with any 
        Federal assistance to be provided under the grant.
          [``](3) Federal share.--
                  [``](A) The Federal share of the cost of each 
                comprehensive management plan implemented with 
                Federal assistance under this section in any 
                fiscal year shall not exceed 75 percent of the 
                cost incurred by the State in implementing such 
                management program and the non-Federal share of 
                such costs shall be provided from non-Federal 
                sources.
                  [``](B) The Federal share of the cost of each 
                public facility management plan implemented 
                with Federal assistance under this section in 
                any fiscal year shall not exceed 50 percent of 
                the cost incurred by the State in implementing 
                such management program and the non-Federal 
                share of such costs shall be provided from non-
                Federal sources.
          [``](4) Adminisrative costs.--For the purposes of 
        this section, administrative costs for activities and 
        programs carried out with a grant in any fiscal year 
        shall not exceed 5 percent of the amount of the grant 
        in that year.
          [``](5) In-kind contributions.--In addition to cash 
        outlays and payments, in-kind contributions of property 
        or personnel services by non-Federal interests for 
        activities under this section may be used for the non-
        Federal share of the cost of those activities.
  (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.

[``]SEC. 1205. RELATIONSHIP TO OTHER LAWS.

  [``]All actions taken by Federal agencies in implementing the 
provisions of section 1202 shall be consistent with all 
applicable Federal, State, and local environmental laws. 
Nothing in this title shall affect the authority of any State 
or political subdivision thereof to adopt or enforce control 
measures for aquatic nuisance species, or diminish or affect 
the jurisdiction of any State over species of fish and 
wildlife. Compliance with the control and eradication measures 
of any State or political subdivision thereof regarding aquatic 
nuisance species shall not relieve any person of the obligation 
to comply with the provisions of this subtitle.

    (16 U.S.C. 4725)

[``]SEC. 1206. INTERNATIONAL COOPERATION.

  [``](a) Advice.--The Task Force shall provide timely advice 
to the Secretary of State concerning aquatic nuisance species 
that infest waters shared with other countries.
  [``](b) Negotiations.--The Secretary of State, in 
consultation with the Task Force, is encouraged to initiate 
negotiations with the governments of foreign countries 
concerning the planning and implementation of prevention, 
monitoring, research, education, and control programs related 
to aquatic nuisance species infesting shared water resources.

    (16 U.S.C. 4726)

[``]SEC. 1207. INTENTIONAL INTRODUCTIONS POLICY REVIEW.

  [``]Within one year of the date of enactment of this Act, the 
Task Force shall, in consultation with State fish and wildlife 
agencies, other regional, State and local entities, potentially 
affected industries and other interested parties, identify and 
evaluate approaches for reducing the risk of adverse 
consequences associated with intentional introduction of 
aquatic organisms and submit a report of their findings, 
conclusions and recommendations to the appropriate Committees.

    (16 U.S.C. 4727)

[``]SEC. 1208. INJURIOUS SPECIES.

  [``]Section 42(a) of title 18, United States Code is amended 
by inserting ``of the zebra mussel of the species Dreissena 
polymorpha;'' after ``Pteropus;''.

[``]SEC. 1209. BROWN TREE SNAKE CONTROL PROGRAM.

  [``]The Task Force shall, within the program developed under 
subsection (a), undertake a comprehensive, environmentally 
sound program in coordination with regional, territorial, State 
and local entities to control the brown tree snake (Boiga 
irregularis) in Guam and other areas where the species is 
established outside of its historic range.

            [``]Subtitle D--Authorizations of Appropriation

[``]SEC. 1301. AUTHORIZATIONS.

  [``](a) Prevention of Unintentional Introductions.--There are 
authorized to be appropriated to develop and implement the 
provisions of subtitle B--
          [``](1) $500,000 until the end of fiscal year 1992 to 
        the Secretary to carry out sections 1101 and 
        1102(a)(3);
          [``](2) $2,000,000 until the end of fiscal year 1992 
        to the Director and Under Secretary to carry out the 
        studies under sections 1102(a)(1) and 1102(a)(2); [and]
          [``(3) $1,000,000 for each of fiscal years 1993, 
        1994, and 1995 to the Secretary for implementation and 
        enforcement of the regulations promulgated under 
        section 1101.]
          (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;
          (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) $2,250,000 to the Secretary of the 
                Smithsonian Institution to carry out section 
                1102(e); and
                  (B) $500,000 to the Secretary to carry out 
                section 1102(f).
  [``](b) Task Force and Aquatic Nuisance Species Program.--
There are authorized to be appropriated for each of fiscal 
years [1991, 1992, 1993, 1994, and 1995] 1997 through 2002 to 
develop and implement the provisions of subtitle C--
          [``(1) $7,000,000 to the Director to carry out 
        sections 1202 and 1209;
          [``(2) $5,000,000 to the Under Secretary to carry out 
        section 1202;
          [``(3) $1,125,000 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;
          [``(4) $5,000,000 for competitive grants for 
        university research on aquatic nuisance species under 
        section 1202(f)(3) as follows:
                  [(A) $3,375,000 to fund grants under the 
                National Sea Grant College Program Act (33 
                U.S.C. 1121 et seq.), and of this amount, 
                $2,500,000 to fund grants in the Great Lakes 
                region; and
                  [``(B) $1,675,000 to fund grants through the 
                Cooperative Fisheries and Wildlife Research 
                Unit Program of the United States Fish and 
                Wildlife Service;
          [``(5) $500,000 to fund Sea Grant Marine Advisory 
        Services education and technical assistance related to 
        infestations of zebra mussels under sections 1202(g) 
        and (h);
          [``(6) $200,000 to fund aquatic nuisance species 
        prevention and control activities of the Great Lakes 
        Commission; and
          [``(7) $2,000,000 to the Assistant Secretary to carry 
        out section 1202(i)(2).
  [``(c) Grants for State Management Programs.--There are 
authorized to be appropriated for each of fiscal years 1991, 
1992, 1993, 1994, and 1995 to make grants under section 1204--
          [``(1) $2,500,000 to the Director; and
          [``(2) $5,000,000 to the Assistant Secretary.]
          (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 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 and 
        the Lake Champlain Research Consortium, of which 
        $500,000 shall be used by the Lake Champlain Research 
        Consortium;
          (4) $5,000,000 for competitive grants for university 
        research on aquatic nuisance species under section 
        1202(f)(3) as follows:
                  (A) $4,000,000 to fund grants under section 
                206 of the National Sea Grant College Program 
                Act (33 U.S.C. 1121 et seq.) and 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
                  (B) $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
          (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.
  (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.
  [``](d) Intentional Introductions Policy Review.--There are 
authorized to be appropriated for fiscal year 1991, $500,000 to 
the Director and the Under Secretary to conduct the intentional 
introduction policy review under section 1207.
  (e) Ballast Water Management Demonstration Program.--There 
are authorized to be appropriated to the Department of the 
Interior $2,500,000 to carry out section 1104.

           [``]Subtitle E--Cooperative Environmental Analyses

[``]SEC. 1401. ENVIRONMENTAL IMPACT ANALYSES.

  [``]The Secretary of State, in consultation with the Council 
on Environmental Quality, is encouraged to enter into 
negotiations with the governments of Canada and Mexico to 
provide for reciprocal cooperative environmental impact 
analysis of major Federal actions which have significant 
transboundary effects on the quality of the human environment 
in the United States, Canada, and Mexico.

        [``]TITLE II--GREAT LAKES FISH AND WILDLIFE RESTORATION

[``]SECTION 2001. SHORT TITLE.

  [``]This title may be cited as the ``Great Lakes Fish and 
Wildlife Restoration Act of 1990''.

[``]SEC. 2002. FINDINGS.

  [``]The Congress finds and declares the following:
          [``](1) As the human population of the Great Lakes 
        Basin has expanded to over 35,000,000 people, great 
        demands have been placed on the lakes for use for 
        boating and other recreation, navigation, municipal and 
        industrial water supply, waste disposal, power 
        production, and other purposes. These growing and often 
        conflicting demands exert pressure on the fish and 
        wildlife resources of the Great Lakes Basin, including 
        in the form of contaminants, invasion by nonindigenous 
        species, habitat degradation and destruction, legal and 
        illegal fishery resource harvest levels, and sea 
        lamprey predation.
          [``](2) The fishery resources of the Great Lakes 
        support recreational fisheries enjoyed by more than 
        5,000,000 people annually and commercial fisheries 
        providing approximately 9,000 jobs. Together, these 
        fisheries generate economic activity worth more than 
        $4,400,000,000 annually to the United States.
          [``](3) The availability of a suitable forage base is 
        essential to lake trout, walleye, yellow perch, and 
        other recreational and commercially valuable fishery 
        resources of the Great Lakes Basin. Protecting and 
        restoring productive fish habitat, including by 
        protecting water quality, is essential to the 
        successful recovery of Great Lakes Basin fishery 
        resources.
          [``](4) The Great Lakes Basin contains important 
        breeding and migration habitat for all types of 
        migratory birds. Many migratory bird species dependent 
        on deteriorating Great Lakes Basin habitat have 
        suffered serious population declines in recent years.
          [``](5) Over 80 percent of the original wetlands in 
        the Great Lakes Basin have been destroyed and such 
        losses continue at a rate of 20,000 acres annually.
          [``](6) Contaminant burdens in the fish and wildlife 
        resources of the Great Lakes Basin are substantial and 
        the impacts of those contaminants on the life functions 
        of important fish and wildlife resources are poorly 
        understood. Concern over the effects of those 
        contaminants on human health have resulted in numerous 
        public health advisories recommending restricted or no 
        consumption of Great Lakes fish.
          [``](7) The lower Great Lakes are uniquely different 
        from the upper Great Lakes biologically, physically, 
        and in the degree of human use and shoreline 
        development, and special fishery resource assessments 
        and management activities are necessary to respond 
        effectively to these special circumstances.

[``]SEC. 2003. PURPOSE.

  [``]The purposes of this Act are--
          [``](1) to carry out a comprehensive study of the 
        status, and the assessment, management, and restoration 
        needs, of the fishery resources of the Great Lakes 
        Basin;
          [``](2) to develop proposals to implement 
        recommendations resulting from that study; and
          [``](3) to provide assistance to the Great Lakes 
        Fisheries Commission, States, Indian Tribes, and other 
        interested entities to encourage cooperative 
        conservation, restoration and management of the fish 
        and wildlife resources and their habitat of the Great 
        Lakes Basin.

[``]SEC. 2004. DEFINITIONS.

  [``]In this Act--
          [``](1) the term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency;
          [``](2) the term ``Director'' means the Director of 
        the United States Fish and Wildlife Service;
          [``](3) the term ``fish stock'' means--
                  [``](A) a taxonomically distinct species or 
                subspecies of fish; or
                  [``](B) any other aggregation of fish that 
                are geographically, ecologically, behaviorally, 
                or otherwise limited from breeding with 
                individuals from other groups of fish and are 
                capable of management as a unit;
          [``](4) the term ``Great Lakes Basin'' means the air, 
        land, water, and living organisms within the drainage 
        basin of the Saint Lawrence River at or upstream from 
        the point at which the river becomes the international 
        boundary between Canada and the United States;
          [``](5) the term ``Indian Tribe'' means any Indian 
        tribe, band, village, nation, or other organized group 
        or community that is recognized by the Bureau of Indian 
        Affairs as eligible for the special programs and 
        services provided by the United States to Indians 
        because of their status as Indians;
          [``](6) the term ``lower Great Lakes'' means the 
        region in which is located that portion of the Great 
        Lakes Basin which is downstream from the confluence of 
        the Saint Clair River and Lake Huron near Port Huron, 
        Michigan;
          [``](7) the term ``upper Great Lakes'' means that 
        portion of the Great Lakes Basin which is upstream from 
        the confluence of the Saint Clair River and Lake Huron 
        near Port Huron, Michigan.
          [``](8) the term ``nonindigenous species'' means a 
        species of plant or animal that did not occur in the 
        Great Lake Basin before European colonization of North 
        America;
          [``](9) the term ``Secretary'' means the Secretary of 
        the Army; and
          [``](10) the term ``State Director'' means the head 
        of the agency, department, board, commission, or other 
        governmental entity of each of the States of New York, 
        Ohio, Indiana, Illinois, Michigan, Wisconsin, 
        Minnesota, and the Commonwealth of Pennsylvania which 
        is responsible for the management and conservation of 
        the fish and wildlife resources of that State.

[``]SEC. 2005. GREAT LAKES FISHERY RESOURCES RESTORATION STUDY.

  [``](a) In General.--The Director shall conduct a 
comprehensive study of the status of, and the assessment, 
management, and restoration needs of, the fishery resources of 
the Great Lakes Basin and shall provide the opportunity for the 
Secretary, the Administrator, State Directors, Indian Tribes, 
the Great Lakes Fishery Commission, appropriate Canadian 
Government entities, and other appropriate entities to 
participate in the study. The Director shall complete the study 
by October 1, 1994.
  [``](b) Memorandum of Understanding.--To provide 
opportunities for the full participation of all affected 
entities in the planning and conduct of the study, the Director 
shall invite the entities identified in subsection (a) to enter 
into a memorandum of understanding regarding the scope and 
focus of the study and the responsibilities of each participant 
for conducting the study.
  [``](c) Content of Study.--A study under this section shall 
include, but not be limited to--
          [``](1) identifying and describing the component 
        drainages of the Great Lakes Basin (including the 
        drainage for each of the Great Lakes), analyzing how 
        the characteristics and current or expected land and 
        water uses of those drainages have affected, and can be 
        expected to affect in the future, the fishery resources 
        and fish habitats of the Great Lakes Basin;
          [``](2) analyzing historical fishery resource data 
        for the Great Lakes Basin to identify the causes of 
        past and continuing declines of the fishery resources 
        and the impediments to restoring those resources;
          [``](3) evaluating the adequacy, effectiveness, and 
        consistency of current Great Lakes interagency 
        fisheries management plans and Federal and State water 
        quality programs, with respect to their effects on 
        Great Lakes fishery resources;
          [``](4) analyzing the impacts of, and management 
        control alternatives for, recently introduced 
        nonindigenous species, including the zebra mussel, the 
        ruffe, and the spiny water flea in accordance with the 
        Aquatic Nuisance Prevention and Control Act of 1990;
          [``](5) developing recommendations regarding--
                  [``](A) an action plan to analyze the effects 
                of contaminant levels on fishery resources;
                  [``](B) an action plan for the cooperative 
                restoration and enhancement of depleted, 
                nationally significant fish stocks, including 
                lake trout, yellow perch, lake sturgeon, 
                walleye, forage fish, and Atlantic salmon;
                  [``](C) planning and technical assistance 
                that should be provided to the Great Lakes 
                Fisheries Commission, States, and Indian Tribes 
                to assist their fishery resource restoration 
                efforts;
                  [``](D) mitigation measures to restore and 
                enhance fishery resources adversely affected by 
                past Federal (including federally assisted or 
                approved) water resource development projects 
                and other activities;
                  [``](E) increasing the involvement of the 
                International Joint Commission, the Great Lakes 
                Commission, the Great Lakes Fishery Commission, 
                and other interjurisdictional entities 
                regarding fishery resources protection, 
                restoration, and enhancement;
                  [``](F) research projects and data gathering 
                initiatives regarding population trends of fish 
                stocks, including population abundance and 
                structure, interspecific competition, survival 
                rates, and behavioral patterns;
                  [``](G) important fishery resource habitat 
                and other areas that should be protected, 
                restored, or enhanced for the benefit of Great 
                Lakes fishery resources;
                  [``](H) how private conservation 
                organizations, recreational and commercial 
                fishing interests, the aquaculture industry, 
                and the general public could contribute to the 
                implementation of the fishery resource 
                restoration and enhancement recommendations 
                developed pursuant to this Act; and
                  [``](I) appropriate contributions that should 
                be made by States and other non-Federal 
                entities to the cost of activities undertaken 
                to implement the recommendations, including a 
                description of--
                          [``](i) the activities that shall be 
                        cost-shared;
                          [``](ii) the entities or individuals 
                        which shall share the costs of those 
                        activities;
                          [``](iii) the proportion of 
                        appropriate project and activity costs 
                        that shall be borne by non-Federal 
                        interests; and
                          [``](iv) how the entities or 
                        individuals who share costs should 
                        finance their contribution.
  [``](d) Proposals for Implementing Recommendations.--The 
Director shall develop proposals for implementing the 
recommendations of the study developed under subsection (c)(5). 
The proposals shall be consistent with the goals of the Great 
Lakes Water Quality Agreement, as revised in 1987, the 1954 
Great Lakes Fisheries Convention, State and tribal fishery 
management jurisdiction, and the 1980 Joint Strategic Plan for 
the management of Great Lakes fishery resources.

[``]SEC. 2006. GOALS OF UNITED STATES FISH AND WILDLIFE SERVICE 
                    PROGRAMS RELATED TO GREAT LAKES FISH AND WILDLIFE 
                    RESOURCES.

  [``]In administering programs of the United States Fish and 
Wildlife Service related to the Great Lakes Basin, the Director 
shall seek to achieve the following goals:
          [``](1) Restoring and maintaining self-sustaining 
        fishery resource populations.
          [``](2) Minimizing the impacts of contaminants on 
        fishery and wildlife resources.
          [``](3) Protecting, maintaining, and, where degraded 
        and destroyed, restoring fish and wildlife habitat, 
        including the enhancement and creation of wetlands that 
        result in a net gain in the amount of those habitats.
          [``](4) Stopping illegal activities adversely 
        impacting fishery and wildlife resources.
          [``](5) Restoring threatened and endangered species 
        to viable, self-sustaining levels.
          [``](6) Protecting, managing, and conserving 
        migratory birds.

[``]SEC. 2007. ESTABLISHMENT OF OFFICES.

  [``](a) Great Lakes Coordination Office.--The Director shall 
establish a centrally located facility for the coordination of 
all United States Fish and Wildlife Service activities in the 
Great Lakes Basin, to be known as the ``Great Lakes 
Coordination Office''. The functional responsibilities of the 
Great Lakes Coordination Office shall include intra- and 
interagency coordination, information distribution, and public 
awareness outreach. The Great Lakes Coordination Office shall 
include all administrative and technical support necessary to 
carry out its responsibilities.
  [``](b) Lower Great Lakes Fishery Resources Office.--The 
Director shall establish an office with necessary 
administrative and technical support services to carry out all 
United States Fish and Wildlife Service operational activities 
related to fishery resource protection, restoration, 
maintenance, and enhancement in the Lower Great Lakes. The 
office shall be known as the ``Lower Great Lakes Fishery 
Resources Office'', and shall be centrally located in the lower 
Great Lakes so as to facilitate fishery resource restoration 
and enhancement activities relating to the lower Great Lakes.
  [``](c) Upper Great Lakes Fishery Resources Offices.--The 
Director shall establish one or more offices with necessary 
administrative and technical support services to carry out 
United States Fish and Wildlife Service operational activities 
related to fishery resource protection, restoration, 
maintenance, and enhancement in the upper Great Lakes. Each of 
the offices shall be known as an ``Upper Great Lakes Fishery 
Resources Office'', and shall be appropriately located so as to 
facilitate fishery resource activities in the upper Great 
Lakes.

[``]SEC. 2008. ANNUAL REPORTS.

  [``]Not later than 1 year after the date of the enactment of 
this Act and annually thereafter, the Director shall submit a 
report to the Committee on Merchant Marine and Fisheries of the 
House of Representatives and the Committee on Environment and 
Public Works of the Senate. Each such report shall describe--
          [``](1) the progress and findings of the studies 
        conducted under section 2005, including recommendations 
        of implementing activities, where appropriate, that 
        would contribute to the restoration or improvement of 
        one or more fish stocks of the Great Lakes Basin; and
          [``](2) activities undertaken to accomplish the goals 
        stated in section 2006.

[``]SEC. 2009. AUTHORIZATION OF APPROPRIATIONS.

  [``](a) There are authorized to be appropriated to the 
Director--
          [``](1) for conducting a study under section 2005 not 
        more than $4,000,000 for each of fiscal years 1991 
        through 1994;
          [``](2) to establish and operate the Great Lakes 
        Coordination Office under section 2008(a) and Upper 
        Great Lakes Fishery Resources Offices under section 
        2008(c), not more than $4,000,000 for each of fiscal 
        years 1991 through 1995; and
          [``](3) to establish and operate the Lower Great 
        Lakes Fishery Resources Offices under section 2008(b), 
        not more than $2,000,000 for each of fiscal years 1991 
        through 1995.
  [``](b) There are authorized to be appropriated to the 
Secretary to carry out this Act, not more than $1,500,000 for 
each of fiscal years 1991 through 1995.[''.]
          * * * * * * *

    [``]TITLE IV--GREAT LAKES OIL POLLUTION RESEARCH AND DEVELOPMENT

[``]SEC. 4001. SHORT TITLE.

  [``]This title may be cited as the ``Great Lakes Oil 
Pollution Research and Development Act''.

[``]SEC. 4002. GREAT LAKES OIL POLLUTION RESEARCH AND DEVELOPMENT.

  [``]Section 7001 of the Oil Pollution Act of 1990 (Public Law 
101-380) is amended as follows:
          [``](1) Great lakes demonstration project.--In 
        subsection (c)(6), strike ``3'' and insert ``4'', 
        strike ``and'' after ``California,'', and insert ``and 
        (D) ports on the Great Lakes,'' after ``Louisiana,''.
          [``](2) Funding.--In subsection (f) strike 
        ``21,250,000'' and insert ``22,000,000'' and in 
        subsection (f)(2) strike ``2,250,000'' and insert 
        ``3,000,000''.[''.]

                             Correspondence

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                 Washington DC, September 17, 1996.
Hon. Benjamin A. Gilman,
Chairman, Committee on International Relations, Rayburn House Office 
        Building, Washington, DC.
    Dear Mr. Chairman: As you know, the Transportation and 
Infrastructure Committee ordered reported H.R. 3217 (the 
``National Invasive Species Act of 1996'') on September 12, 
1996.
    I recognize the Committee on International Relations has an 
interest in sections 1101(h) and 1101(i), which relate to 
international matters. I appreciate your decision not to seek a 
sequential referral of the bill and acknowledge this is not to 
be construed as a waiver of your Committee's jurisdiction.
    Thank you for your cooperation and that of your staff.
    With kind personal regards, I remain,
            Sincerely,
                                             Bud Shuster, Chairman.
                                ------                                

                          House of Representatives,
                      Committee on International Relations,
                                Washington, DC, September 17, 1996.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, Rayburn HOB, 
        Washington, DC.
    Dear Mr. Chairman: Thank you for your letter of September 
17, 1996, in regard to your committee's consideration of H.R. 
3217, the National Invasive Species Act.
    It is my understanding that sections 1101(h) and 1101(I) of 
the legislation, relating to consultation with Canada, Mexico 
and other foreign governments in developing appropriate 
guidelines and regulations and other aspects of international 
cooperation designed to prevent the unintentional introduction 
and spread of nonindigenous species, affect matters within the 
jurisdiction of the International Relations Committee.
    In light of your desire to move this legislation 
expeditiously, I will not seek a sequential referral of the 
bill as a result of including these provisions, without waiving 
or ceding now or in the future this committee's jurisdiction 
over the provisions in question. I will seek to have conferees 
appointed for these provisions during any House-Senate 
conference committee.
    Thank you for your cooperation in this matters.
    With best wishes,
            Sincerely,
                                      Benjamin A. Gilman, Chairman.
                                ------                                

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                Washington, DC, September 19, 1996.
Hon. Floyd Spence,
Chairman, Committee on National Security,
Washington, DC.
    Dear Mr. Chairman: Thank you for your letter of September 
19, 1996, regarding H.R. 3217, the National Invasive Species 
Act of 1996.
    I agree the National Security Committee would be successful 
in obtaining a sequential referral of the proposed section 
1103, Armed Services Ballast Water Programs.
    As noted in your letter, your decision not to seek a 
sequential referral should not be construed as a waiver of the 
National Security Committee's jurisdiction.
    I appreciate your cooperation and the cooperation of your 
staff.
    With kind personal regards, I remain
            Sincerely,
                                             Bud Shuster, Chairman.
                                ------                                

                          House of Representatives,
                            Committee on National Security,
                                Washington, DC, September 19, 1996.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Bud: I understand the Committee on Transportation and 
Infrastructure has recently ordered reported H.R. 3217, the 
National Invasive Species Act of 1996. The bill includes a 
provision relating to naval ballast water programs that falls 
within the legislative jurisdiction of the Committee on 
National Security pursuant to House Rule X.
    In recognition of your committee's desire to bring this 
legislation expeditiously before the House of Representatives, 
the Committee on National Security will forego a request for 
sequential referral of the bill, without waiving or diminishing 
this committee's jurisdiction over issues with which it is 
concerned. Of course, this committee will seek the appointment 
of conferees with respect to provisions within its legislative 
jurisdiction during any conference on the bill. I also request 
that this letter be printed in your committee's report on this 
legislation.
    Thank you for your assistance and prompt attention to this 
matter, and I look forward to supporting H.R. 3217 on the House 
floor.
    With warm personal regards, I am
            Sincerely,
                                         Floyd D. Spence, Chairman.
                                ------                                

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                Washington, DC, September 18, 1996.
Hon. Pat Roberts,
Chairman, Committee on Agriculture, Longworth House Office Building, 
        Washington, DC.
    Dear Mr. Chairman: Thank you for your letter of September 
16, 1996 regarding H.R. 3217, the National Invasive Species Act 
of 1996, which the Transportation and Infrastructure Committee 
ordered reported on September 12, 1996.
    I recognize the Committee on Agriculture has a 
jurisdictional interest in some provisions of the bill that 
relate to the programs and activities of the Department of 
Agriculture. I appreciate your decision not to seek a 
sequential referral of the bill and acknowledge this is not to 
be construed as a waiver of your Committee's jurisdiction.
    Thank you for your cooperation and that of your staff.
    With kind personal regards, I remain.
            Sincerely,
                                             Bud Shuster, Chairman.
                                ------                                

                          House of Representatives,
                                  Committee on Agriculture,
                                Washington, DC, September 16, 1996.
Hon. Bud Shuster,
Committee on Transportation and Infrastructure, Rayburn HOB, House of 
        Representatives, Washington, DC.
    Dear Chairman Shuster: Last Friday the Counsel for this 
Committee received a telephone call from a representative of 
your Committee informing him last week your Committee had 
reported H.R. 3217, the ``National Invasive Species Act of 
1996'', as amended by an Amendment in the Nature of a 
Substitute. A copy of the latter Amendment was provided to this 
Committee.
    There are two principal provisions in the Amendment in the 
Nature of a Substitute that I believe have an effect on the 
jurisdiction of this Committee. The first relates to the 
appointment of the Secretary of Agriculture as a member of the 
``Aquatic Nuisance Species Task Force'' (page 30 of the 
Amendment). The other provision (page 19 of the Amendment) 
relates to the ``Coordination With Other Agencies'' that would 
permit the Secretary of Transportation to use the facilities, 
personnel, etc. of agencies and organizations that have 
contacts with vessels, ``including the Animal and Plant Health 
Inspection Service [APHIS] of the Department of Agriculture''.
    With respect to the provision that applies to APHIS, it is 
not clear whether there would be reimbursement to APHIS for 
such services, etc. One reason I mention this is that a good 
part of the budget of APHIS is funded by user fees that are 
deposited in the Treasury and then an appropriation is enacted 
to provide operating funds for APHIS. However, in recent years 
the importers, who are the principal source of substantial fees 
(such as airlines), have complained that less funds are 
appropriated than are collected in fees and thus the services 
provided are currently strained to meet demands. If there would 
be reimbursement to APHIS, that would address a concern of this 
Committee. On the other hand, if the claim for services on 
APHIS caused problems with these funds that have substantial 
fee-based origins, there could be a future problem with 
``coordination'' by APHIS.
    Finally, addressing the addition of the Secretary of 
Agriculture to the Task Force I understand that there is 
currently an ``ex officio'' status for the Secretary), I would 
suggest that the term ``appropriate Committees'' be amended so 
that it encompassed the House Committee on Agriculture and the 
Senate Committee on Agriculture, Nutrition, and Forestry. 
Insofar as that term applied to this Committee, it probably 
would merely result in receiving an occasional copy of an 
existing report made to other committees. (See copy of a 
proposed amendment attached.)
    Please advise me how you might propose to address these two 
issues.
            Sincerely,
                                             Pat Roberts, Chairman.