[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[H.R. 5395 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5395

     To establish marine and freshwater research, development, and 
  demonstration programs to support efforts to prevent, control, and 
    eradicate invasive species, as well as to educate citizens and 
                  stakeholders and restore ecosystems.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2002

   Mr. Ehlers (for himself, Mr. Gilchrest, Mr. Kirk, Mr. McHugh, Mr. 
Kildee, Mr. Stupak, Mr. Baird, Ms. Kilpatrick, Mr. Camp, Ms. Slaughter, 
  Mr. Baldacci, Mr. Barcia, Mr. Rogers of Michigan, Mr. Hoekstra, Mr. 
Bonior, Ms. Baldwin, Ms. Kaptur, Mr. English, Mr. LaTourette, Mr. Farr 
of California, Mrs. Morella, Mr. Ehrlich, Mr. Cummings, Mr. Levin, Mr. 
 Scott, Ms. Brown of Florida, Mr. Cardin, Mr. Kind, Mr. Kucinich, Mr. 
Dicks, Mrs. Biggert, Mr. Greenwood, Ms. Rivers, Mr. Allen, Mr. Pallone, 
Mr. Blumenauer, Mr. Underwood, Mrs. Maloney of New York, Mr. Weldon of 
 Pennsylvania, Mr. Upton, Mr. Ortiz, and Ms. McCollum) introduced the 
following bill; which was referred to the Committee on Science, and in 
   addition to the Committees on Transportation and Infrastructure, 
 Resources, and House Administration, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To establish marine and freshwater research, development, and 
  demonstration programs to support efforts to prevent, control, and 
    eradicate invasive species, as well as to educate citizens and 
                  stakeholders and restore ecosystems.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aquatic Invasive Species Research 
Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Aquatic invasive species damage infrastructure, disrupt 
        commerce, outcompete native species, reduce biodiversity, and 
        threaten human health.
            (2) The direct and indirect costs of aquatic invasive 
        species to our Nation's economy number in the billions of 
        dollars per year. In the Great Lakes region, approximately 
        $3,000,000,000 dollars have been spent in the past 10 years to 
        mitigate the damage caused by one invasive species, the zebra 
        mussel.
            (3) Recent studies have shown that, in addition to economic 
        damage, invasive species cause enormous environmental damage, 
        and have cited invasive species as the second leading threat to 
        endangered species.
            (4) Over the past 200 years, the rate of detected marine 
        and freshwater invasions in North America has increased 
        exponentially.
            (5) The rate of invasions continues to grow each year.
            (6) Marine and freshwater research underlies every aspect 
        of detecting, preventing, controlling, and eradicating invasive 
        species, educating citizens and stakeholders, and restoring 
        ecosystems.
            (7) Current Federal efforts, including research efforts, 
        have focused primarily on controlling established invasive 
        species, which is both costly and often unsuccessful. An 
        emphasis on research, development, and demonstration to support 
        efforts to prevent invasive species or eradicate them upon 
        entry into United States waters would likely result in a more 
        cost-effective and successful approach to combating invasive 
        species through preventing initial introduction.
            (8) Research, development, and demonstration to support 
        prevention and eradication includes monitoring of both pathways 
        and ecosystems to track the introduction and establishment of 
        nonnative species, and development and testing of technologies 
        to prevent introduction through known pathways.
            (9) Therefore, Congress finds that it is in the United 
        States interest to conduct a comprehensive and thorough 
        research, development, and demonstration program on aquatic 
        invasive species in order to better understand how aquatic 
        invasive species are introduced and become established and to 
        support efforts to prevent the introduction and establishment 
        of, and to eradicate, these species.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Aquatic ecosystem.--The term ``aquatic ecosystem'' 
        means a freshwater, marine, or estuarine environment in the 
        United States or shared by the United States and other nations.
            (2) Invasion.--The term ``invasion'' means the introduction 
        and establishment of an invasive species into an ecosystem 
        beyond its historic range.
            (3) Invasive species.--The term ``invasive species'' means 
        a species--
                    (A) that is nonnative to the ecosystem under 
                consideration; and
                    (B) whose introduction causes or may cause harm to 
                the economy, the environment, or human health.
            (4) Pathway.--The term ``pathway'' means a route by which 
        invasive species are imported and introduced into new 
        environments.
            (5) Species.--The term ``species'' means a category of 
        taxonomic classification ranking below a genus or subgenus and 
        consisting of related organisms capable of interbreeding.
            (6) Task force.--The term ``Task Force'' means the Aquatic 
        Nuisance Species Task Force established under section 1201 of 
        the Nonindigenous Aquatic Nuisance Prevention and Control Act 
        of 1990 (16 U.S.C. 4721).
            (7) Type approval.--The term ``type approval'' means an 
        approval procedure which certifies that a type of system meets 
        a standard in regulation or law for a particular application.

SEC. 4. ECOLOGICAL AND PATHWAY RESEARCH.

    (a) In General.--The Smithsonian Environmental Research Center, the 
United States Geological Survey, and the National Oceanic and 
Atmospheric Administration (including the Great Lakes Environmental 
Research Laboratory), in consultation with the Task Force, other 
appropriate Federal and State agencies, and academic researchers, shall 
develop and conduct a marine and fresh-water research program which 
shall include ecological and pathway surveys and experimentation to 
assess rates and patterns of introductions of nonnative aquatic species 
in aquatic ecosystems. The goal of this marine and freshwater research 
program shall be to support efforts to prevent the introduction of, 
detect, and eradicate invasive species through informing early 
detection and rapid response efforts, informing relevant policy 
decisions, and assessing the effectiveness of implemented policies. 
Surveys and experiments under this subsection shall be commenced not 
later than 1 year after the date of the enactment of this Act.
    (b) Protocol Development.--The Smithsonian Environmental Research 
Center, the United States Geological Survey, and the National Oceanic 
and Atmospheric Administration (including the Great Lakes Environmental 
Research Laboratory), in consultation with the Task Force, other 
appropriate Federal and State agencies, and academic researchers, shall 
establish standardized protocols for conducting ecological and pathway 
surveys of nonnative aquatic species, and shall recommend a 
standardized approach for classifying species. Two protocols shall be 
developed, one to support early detection surveys that may be conducted 
by Federal, State, or local agencies involved in the management of 
invasive species, and a second marine and freshwater protocol to 
support the surveys conducted under subsection (a). Upon the 
development of protocols to support early detection surveys, the Task 
Force shall make appropriate efforts to disseminate the protocols to 
appropriate Federal, State, and local entities. In developing the 
protocols under this subsection, the Smithsonian Environmental Research 
Center, the United States Geological Survey, and the National Oceanic 
and Atmospheric Administration (including the Great Lakes Environmental 
Research Laboratory) shall draw on the recommendations gathered at the 
workshop under subsection (f). The research protocols shall be peer 
reviewed. Protocols shall be completed within 9 months after the date 
of the enactment of this Act.
    (c) Ecological and Pathway Survey Requirements.--(1) Each 
ecological survey conducted under this section shall, at a minimum--
            (A) document baseline ecological information of the aquatic 
        ecosystem including, to the extent practicable, a comprehensive 
        inventory of native species, nonnative species, and species of 
        unknown origin present in the ecosystem, as well as the 
        chemical and physical characteristics of the water and 
        underlying substrate;
            (B) for nonnative species, identify their life history, 
        environmental requirements and tolerances, the historic range 
        of their native ecosystems, and their history of spreading from 
        their native ecosystems;
            (C) track the establishment of nonnative species including, 
        to the extent practicable, information about the estimated 
        population of nonnative organisms in order to allow an analysis 
        of the probable date of introduction of the species; and
            (D) identify, when possible, the likely pathway of entry of 
        nonnative species.
    (2) Each pathway survey conducted under this section shall, at a 
minimum--
            (A) identify what nonnative aquatic species are being 
        introduced or may be introduced through the pathways under 
        consideration;
            (B) determine the quantities of organisms being introduced 
        through the pathways under consideration; and
            (C) determine the practices that contributed to or could 
        contribute to the introduction of nonnative aquatic species.
    (d) Number and Location of Survey Sites.--The Smithsonian 
Environmental Research Center, the United States Geological Survey, and 
the National Oceanic and Atmospheric Administration (including the 
Great Lakes Environmental Research Laboratory) shall designate the 
number and location of survey sites necessary to carry out marine and 
freshwater research required under this section. In conducting the 
surveys, the above agencies shall contract with academic institutions, 
as appropriate, through a competitive, peer-reviewed process. In 
establishing such sites, emphasis shall be on both the quality of the 
proposal and the geographic diversity of sites, as well as the 
diversity of the human uses and biological characteristics of sites.
    (e) Ship Pathway Surveys.--Section 1102(b)(2)(B)(ii) of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4712(b)(2)(B)(ii)) is amended to read as follows:
                            ``(ii) examine other potential modes for 
                        the introduction of nonnative aquatic species 
                        by ship, including hull fouling.''.
    (f) Workshop.--In order to support the development of the protocols 
and design for the surveys under subsections (b) and (c), the Task 
Force shall convene a workshop with appropriate researchers from 
Federal and State agencies and academic institutions to gather 
recommendations. The Task Force shall make the results of the workshop 
widely available to the public. The workshop shall be held within 120 
days after the date of the enactment of this Act.
    (g) Experimentation.--The United States Geological Survey, the 
Smithsonian Environmental Research Center, the National Oceanic and 
Atmospheric Administration (including the Great Lakes Environmental 
Research Laboratory), and other appropriate Federal agencies, in 
consultation with the Task Force, using academic researchers as 
appropriate, shall conduct laboratory and field-based marine and 
freshwater research experiments on a range of taxonomic groups to 
identify the relationship between the introduction and establishment of 
nonnative aquatic species, including those legally introduced, and the 
circumstances necessary for those species to survive and thrive.
    (h) National Pathway and Ecological Surveys Database.--Section 
1102(f) of the Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4712(f)) is amended to read as follows:
    ``(f) National Pathway and Ecological Surveys Database.--
            ``(1) In general.--The Secretary shall develop, maintain, 
        and update, in consultation and cooperation with the 
        Smithsonian Environmental Research Center, the United States 
        Geological Survey, the National Oceanic and Atmospheric 
        Administration (including the Great Lakes Environmental 
        Research Laboratory), and the Task Force, a central, national 
        database of information concerning--
                    ``(A) ballast water management and delivery 
                practices for ships entering United States ports;
                    ``(B) ballast water treatment methods under use and 
                development; and
                    ``(C) information collected under section 4 of the 
                Aquatic Invasive Species Research Act of 2002.
            ``(2) Requirements.--The database shall be widely available 
        to the public, and shall be updated not less than once a year.
            ``(3) Report.--In consultation and cooperation with the 
        Task Force and the Smithsonian Institution (acting through the 
        Smithsonian Environmental Research Center), the Secretary shall 
        prepare and submit to the Task Force and the Congress, on a 
        biennial basis, a report that synthesizes and analyzes the data 
        referred to in this section relating to--
                    ``(A) ballast water delivery and management 
                patterns; and
                    ``(B) compliance by vessels with regulations 
                promulgated under this section.''.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated for carrying out this section and section 1102(b)(2) of 
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 
(16 U.S.C. 4712(b)(2)) for each of the fiscal years 2003 through 2007 
$20,000,000.

SEC. 5. ANALYSIS.

    (a) Invasion Analysis.--
            (1) In general.--Not later than 3 years after the date of 
        the enactment of this Act, and every year thereafter, the 
        Smithsonian Environmental Research Center, the United States 
        Geological Survey, and the National Oceanic and Atmospheric 
        Administration, (including the Great Lakes Environmental 
        Research Laboratory), in consultation with the Task Force and 
        other Federal agencies, using academic researchers as 
        appropriate, shall analyze data collected under section 4 and 
        other relevant research on the rates and patterns of invasions 
        by aquatic invasive species in waters of the United States. The 
        purpose of this analysis shall be to use the data collected 
        under section 4 and other relevant research to support efforts 
        to prevent the introduction of, detect, and eradicate invasive 
        species through informing early detection and rapid response 
        efforts, informing relevant policy decisions, and assessing the 
        effectiveness of implemented policies to prevent the 
        introduction and spread of invasive species.
            (2) Contents.--The analysis required under paragraph (1) 
        shall include with respect to aquatic invasive species--
                    (A) an analysis of pathways, including--
                            (i) identifying, and characterizing as 
                        high, medium, or low risk, pathways regionally 
                        and nationally;
                            (ii) identifying new and expanding 
                        pathways;
                            (iii) identifying handling practices that 
                        contribute to the introduction of species in 
                        pathways; and
                            (iv) assessing the risk that species 
                        legally introduced into the United States pose 
                        for introduction into aquatic ecosystems;
                    (B) patterns and rates of invasion and 
                susceptibility to invasion of various bodies of water;
                    (C) how the risk of establishment through a pathway 
                is related to the identity and number of organisms 
                transported;
                    (D) rates of spread and numbers and types of 
                pathways of spread of new populations of the aquatic 
                invasive species;
                    (E) documentation of factors that influence an 
                ecosystem's vulnerability to a nonnative aquatic 
                species becoming invasive;
                    (F) a description of the potential for, and impacts 
                of, pathway management programs on invasion rates;
                    (G) recommendations for improvements on the 
                effectiveness of pathway management;
                    (H) to the extent practical, a determination of the 
                level of reduction in live organisms of various 
                taxonomic groups required to reduce the risk of 
                establishment to receiving aquatic ecosystems to an 
                acceptable level; and
                    (I) an evaluation of the effectiveness of a 
                standard at reducing species introductions and 
                establishment.
    (c) Research To Assess the Potential of the Establishment of 
Introduced Species.--Within 2 years after the date of the enactment of 
this Act, the Smithsonian Environmental Research Center, the United 
States Geological Survey, the National Oceanic and Atmospheric 
Administration (including the Great Lakes Environmental Research 
Laboratory) and other appropriate Federal agencies, using academic 
researchers as appropriate, shall develop a profile of the general 
characteristics of invasive species, in order to predict, to the extent 
practical, whether a species planned for importation is likely to 
invade a particular aquatic ecosystem if introduced. In developing the 
profile, the above agencies shall analyze the research conducted under 
section 4, and other research as necessary, to determine general 
species and ecosystem characteristics (taking into account the 
opportunity for introduction into any ecosystem) and circumstances that 
can lead to establishment. Based on the profile, the Task Force shall 
make recommendations to the Invasive Species Council as to what planned 
importations of nonnative aquatic organisms should be restricted. This 
profile shall be peer-reviewed.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for carrying out this 
section.

SEC. 6. DISSEMINATION.

    (a) In General.--The Invasive Species Council, in coordination with 
the Task Force, the United States Geological Survey, and the 
Smithsonian Environmental Research Center, shall be responsible for 
disseminating the information collected under this Act to Federal, 
State, and local entities, including relevant policymakers, and private 
researchers with responsibility over or interest in aquatic invasive 
species.
    (b) Report to Congress.--Not later than 3 years after the date of 
the enactment of this Act, the Invasive Species Council shall report 
actions and findings under section 5 to the Congress, and shall update 
this report once every 3 years thereafter, or more often as necessary.
    (c) Response Strategy.--The Invasive Species Council, in 
coordination with the Task Force and other appropriate Federal and 
State agencies, shall develop and implement a national strategy for how 
information collected under this Act will be shared with Federal, 
State, and local entities with responsibility for determining response 
to the introduction of potentially harmful nonnative aquatic species, 
to enable those entities to better and more rapidly respond to such 
introductions.
    (d) Pathway Practices.--The Invasive Species Council, in 
coordination with the Task Force, shall disseminate information to, and 
develop an ongoing educational program for, pathway users (including 
vendors and customers) on how their practices could be modified to 
prevent the intentional or unintentional introduction of nonnative 
aquatic species into aquatic ecosystems.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for carrying out this 
section.

SEC. 7. TECHNOLOGY DEVELOPMENT AND DEMONSTRATION.

    (a) Environmental Soundness Screening and Improvement.--Not later 
than 1 year after the date of the enactment of this Act, the 
Environmental Protection Agency, in consultation with the Army Corps of 
Engineers, the Fish and Wildlife Service, and the National Marine 
Fisheries Service, shall establish a marine and freshwater research, 
development, and demonstration program to develop a wider set of 
environmentally sound methods and treatment tools for detecting, 
preventing, controlling, and eradicating aquatic invasive species.
    (b) Dispersal Barrier Research Program.--
            (1) Establishment.--Not later than 1 year after the date of 
        the enactment of this Act, the Assistant Secretary of the Army 
        for the Corps of Engineers, in conjunction with the Fish and 
        Wildlife Service and other appropriate Federal agencies and 
        academic researchers, shall establish a research, development, 
        and demonstration program to study environmentally sound 
        methods and technologies to reduce dispersal of aquatic 
        invasive species through interbasin waterways and assess the 
        potential for using those methods and technologies in other 
        waterways.
            (2) Additional waterways.--The Corps of Engineers in 
        consultation with the Fish and Wildlife Service and other 
        relevant Federal agencies, shall identify additional waterways 
        suitable for further dispersal barrier research, development, 
        and demonstration projects.
    (c) Ship Pathway Technology Demonstration.--
            (1) Reauthorization of program.--Section 1301(e) of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4741(e)) is amended by striking ``$2,500,000'' 
        and inserting ``$10,000,000 for each of the fiscal years 2003 
        through 2007''.
            (2) Expansion of program.--Section 1104(b) of the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4712(b)) is amended--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (B) by inserting after paragraph (3) the following 
                new paragraph:
            ``(4) Additional purposes.--The Secretary of the Interior 
        and the Secretary of Commerce may also demonstrate technologies 
        under this subsection to monitor and control pathways of 
        organism transport on ships other than through ballast 
        water.''.
            (3) Workshop.--The National Oceanic and Atmospheric 
        Administration shall hold an annual workshop of principal 
        investigators funded under section 1104 of the Nonindigenous 
        Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
        4714) and researchers conducting research directly related to 
        ship pathway technology development, for information exchange, 
        and shall make the proceedings widely available to the public.

SEC. 8. RESEARCH TO SUPPORT THE SETTING AND IMPLEMENTATION OF SHIP 
              PATHWAY STANDARDS.

    (a) Research Program.--The Coast Guard and the Environmental 
Protection Agency, in coordination with the Task Force and other 
appropriate Federal agencies and academic researchers, shall develop a 
research program to support the promulgation and implementation of 
standards to prevent the introduction and spread of invasive species by 
ships that shall include--
            (1) characterizing physical, chemical, and biological 
        harbor conditions relevant to ballast discharge into United 
        States waters to inform the design and implementation of ship 
        vector control technologies and practices;
            (2) identifying existing and research new approaches to 
        shipboard evaluation and monitoring of ship vector control 
        technologies and practices;
            (3) researching and demonstrating methods for mitigating 
        the spread of invasive species by coastal voyages, including 
        exploring the effectiveness of alternative exchange zones in 
        the near coastal areas and other methods proposed to reduce 
        transfers of organisms;
            (4) verifying the practical effectiveness of any type 
        approval process to ensure that the process produces repeatable 
        and accurate assessments of treatment effectiveness; and
            (5) evaluating the effectiveness and residual risk and 
        environmental impacts associated with any standard set with 
        respect to the ship pathway through experimental research.
    (b) Performance Test.--Within 1 year after the date of the 
enactment of this Act, the Coast Guard, in conjunction with the 
National Institute of Standards and Technology and the Maritime 
Administration, shall design a performance test for ballast water 
exchange such as a dye study to measure the effectiveness of ballast 
water exchange.
    (c) Best Practices.--Within 1 year after the date of the enactment 
of this Act, the Great Lakes Environmental Research Laboratory shall 
identify best practices that can improve the effectiveness of ballast 
water exchange and shall report its conclusions to the Invasive Species 
Council.
    (d) National Academy Study.--The Secretary of the Department in 
which the Coast Guard is operating shall enter into an arrangement with 
the National Academy of Sciences under which the Academy shall--
            (1) identify the relative risk of transfer of various 
        taxonomic groups by different ship modes;
            (2) assess the extent to which a ballast water standard 
        that virtually eliminates the risk of introduction of invasive 
        species by ballast water may relate to the risk of 
        introductions by all ship modes, and explain the degree of 
        uncertainty in such assessment; and
            (3) recommend methods for reducing organism transfers by 
        ships by addressing all parts and systems of ships and all 
        related modes of transport of living organisms, and identify 
        the research, development, and demonstration needed to improve 
        the information base to support such methods, including 
        economic information.
Not later than 2 years after the date of the enactment of this Act, the 
Secretary of the Department in which the Coast Guard is operating shall 
transmit to the Congress a report on the results of the study under 
this subsection.
    (e) Recommendations.--Not later than the later of 1 year after the 
date of submission of the report under subsection (d), or 3 years after 
the date of the enactment of this Act, the Task Force, in conjunction 
with the Environmental Protection Agency, the Smithsonian Environmental 
Research Center, the United States Geological Survey, the National 
Oceanic and Atmospheric Administration (including the Great Lakes 
Environmental Research Laboratory), and other appropriate Federal and 
State agencies and academic researchers, shall submit to the Coast 
Guard a report that describes recommendations for--
            (1) a ship pathway treatment standard that incorporates all 
        potential modes of transfer by ships; and
            (2) methods for type approval and accurate monitoring of 
        treatment performance that are simple and streamlined.
    (f) Working Group.--Not later than 2 years after the issuance by 
the Coast Guard of any standard relating to the introduction by ships 
of invasive species, the Coast Guard shall convene a working group 
including the Environmental Protection Agency, the United States 
Geological Survey, the Smithsonian Environmental Research Center, the 
National Oceanic and Atmospheric Administration, and other appropriate 
Federal and State agencies and academic researchers, to evaluate the 
effectiveness of that standard. The duties of the working group shall, 
at a minimum, include--
            (1) as possible, reviewing the effectiveness of the 
        standard in reducing the establishment of invasive species in 
        aquatic ecosystems, taking into consideration the data 
        collected under section 4; and
            (2) developing recommendations to the Coast Guard for the 
        revision of such standard and type approval process to ensure 
        effectiveness in reducing introductions and accurate shipboard 
        monitoring of treatment performance that is simple and 
        streamlined, which shall be made widely available to the 
        public.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 9. RESEARCH IN SYSTEMATICS AND TAXONOMY.

    (a) In General.--The National Science Foundation shall establish a 
program to award grants to institutions of higher education to carry 
out research programs in systematices and taxonomy.
    (b) Merit Review.--Grants shall be awarded under this section on a 
merit-reviewed competitive basis.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for carrying out this section $500,000 each of the fiscal 
years 2003 through 2007.
                                 <all>