[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.
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