H.R. 1081 (rh) 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. [Reported i...

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108th CONGRESS
  1st Session
                                H. R. 1081

     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

                             March 5, 2003

 Mr. Ehlers (for himself, Mr. Gilchrest, Mr. Baird, Mr. Hoekstra, Mr. 
 Ortiz, Mrs. Biggert, Mr. Kirk, Mr. Kildee, Mr. Camp, Mr. McHugh, Mr. 
Emanuel, Ms. Slaughter, Mr. Rogers of Michigan, Mr. English, Mr. Farr, 
    Mr. Cummings, Mr. Levin, Mr. Stupak, Mr. Scott of Virginia, Mr. 
 Abercrombie, Mr. Quinn, Mr. Smith of Washington, Mr. George Miller of 
California, Mrs. Maloney, Mr. Dingell, Ms. Kaptur, Ms. Lee, Mr. Saxton, 
   Mr. Dicks, Ms. Bordallo, Mr. Visclosky, Mr. Walsh, Mr. Upton, Mr. 
 Gillmor, Mr. Smith of Michigan, Mr. Case, Mr. Boehlert, Mr. Brown of 
Ohio, Mr. Greenwood, Mr. Pallone, Mr. Markey, Mr. Delahunt, Mr. Cardin, 
  Mr. Allen, Mrs. Miller of Michigan, Mr. Blumenauer, Mr. Inslee, Mr. 
 Houghton, Ms. McCollum, Mr. McGovern, Mr. McCotter, Ms. Baldwin, Mr. 
 Leach, Mr. McDermott, Mr. Neal of Massachusetts, Mr. Knollenberg, Mr. 
 Towns, Mr. Honda, Mr. Lipinski, Mr. Weiner, Mr. Kind, Mr. Evans, Ms. 
    Lofgren, Mr. Johnson of Illinois, Mr. Kleczka, Mr. Simmons, Mr. 
Faleomavaega, and Mr. LaTourette) 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) Administering agencies.--The term ``administering 
        agencies'' means--
                    (A) the National Oceanic and Atmospheric 
                Administration (including the Great Lakes Environmental 
                Research Laboratory);
                    (B) the Smithsonian Environmental Research Center; 
                and
                    (C) the United States Geological Survey.
            (2) Aquatic ecosystem.--The term ``aquatic ecosystem'' 
        means a freshwater, marine, or estuarine environment (including 
        inland waters and wetlands) located in the United States.
            (3) Ballast water.--The term ``ballast water'' means any 
        water (with its suspended matter) used to maintain the trim and 
        stability of a vessel.
            (4) Invasion.--The term ``invasion'' means the introduction 
        and establishment of an invasive species into an ecosystem 
        beyond its historic range.
            (5) Invasive species.--The term ``invasive species'' means 
        a species--
                    (A) that is nonnative to the ecosystem under 
                consideration; and
                    (B) whose introduction causes or may cause harm to 
                the economy, the environment, or human health.
            (6) Invasive species council.--The term ``Invasive Species 
        Council'' means the council established by section 3 of 
        Executive Order No. 13112 (42 U.S.C. 4321 note).
            (7) Pathway.--The term ``pathway'' means 1 or more routes 
        by which an invasive species is transferred from one ecosystem 
        to another.
            (8) Species.--The term ``species'' means any fundamental 
        category of taxonomic classification or any viable biological 
        material ranking below a genus or subgenus.
            (9) Task force.--The term ``Task Force'' means the Aquatic 
        Nuisance Species Task Force established by section 1201(a) of 
        the Nonindigenous Aquatic Nuisance Prevention and Control Act 
        of 1990 (16 U.S.C. 4721(a)).
            (10) Type approval.--The term ``type approval'' means an 
        approval procedure under which a type of system is certified as 
        meeting a standard established pursuant to Federal law for a 
        particular application.

SEC. 4. CONSULTATION AND COOPERATION.

    (a) Memorandum of Understanding.--The administering agencies shall 
enter into a memorandum of understanding regarding implementation of 
this Act.
    (b) Consultation.--In carrying out this Act, the administering 
agencies shall consult with--
            (1) the Task Force and Invasive Species Council;
            (2) the Environmental Protection Agency; and
            (3) other appropriate Federal and State agencies.
    (c) Cooperation.--In carrying out this Act, the administering 
agencies shall contract, as appropriate, or otherwise cooperate with 
academic researchers.

SEC. 5. ECOLOGICAL AND PATHWAY RESEARCH.

    (a) In General.--The administering agencies shall develop and 
conduct a marine and fresh-water research program which shall include 
ecological and pathway surveys and experimentation to detect nonnative 
aquatic species in aquatic ecosystems and to assess rates and patterns 
of introductions of nonnative aquatic species in aquatic ecosystems. 
The goal of this marine and freshwater research program shall be to 
support efforts to prevent the introduction of, detect, and eradicate 
invasive species through informing early detection and rapid response 
efforts, informing relevant policy decisions, and assessing the 
effectiveness of implemented policies to prevent the introduction and 
spread of aquatic invasive species. Surveys and experiments under this 
subsection shall be commenced not later than 18 months after the date 
of the enactment of this Act.
    (b) Protocol Development.--The administering agencies shall 
establish standardized protocols for conducting ecological and pathway 
surveys of nonnative aquatic species that are integrated and produce 
comparable data, and shall recommend a standardized approach for 
classifying species. For ecological surveys, 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 protocol to support the surveys 
conducted under subsection (a). Protocols shall, as practicable, be 
integrated with existing protocols and data collection methods. 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 administering agencies shall draw 
on the recommendations gathered at the workshop under subsection (g). 
The protocols shall be peer reviewed, and revised as necessary. 
Protocols shall be completed within 1 year after the date of the 
enactment of this Act.
    (c) Ecological and Pathway Survey Requirements.--(1) Each 
ecological survey conducted under subsection (a) shall, at a minimum--
            (A) document baseline ecological information of the aquatic 
        ecosystem including, to the extent practicable, a comprehensive 
        inventory of native species, nonnative species, and species of 
        unknown origin present in the ecosystem, as well as the 
        chemical and physical characteristics of the water and 
        underlying substrate;
            (B) for nonnative species, gather information to assist in 
        identifying their life history, environmental requirements and 
        tolerances, the historic range of their native ecosystems, and 
        their history of spreading from their native ecosystems;
            (C) track the establishment of nonnative species including 
        information about the estimated population of nonnative 
        organisms in order to allow an analysis of the probable date of 
        introduction of the species; and
            (D) identify the likely pathway of entry of nonnative 
        species.
    (2) Each pathway survey conducted under this section shall, at a 
minimum--
            (A) identify what nonnative aquatic species are being 
        introduced or may be introduced through the pathways under 
        consideration;
            (B) determine the quantities of organisms being introduced 
        through the pathways under consideration; and
            (C) determine the practices that contributed to or could 
        contribute to the introduction of nonnative aquatic species 
        through the pathway under consideration.
    (d) Number and Location of Survey Sites.--The administering 
agencies shall designate the number and location of survey sites 
necessary to carry out marine and freshwater research required under 
this section. In establishing sites under this subsection or subsection 
(e), emphasis shall be on the geographic diversity of sites, as well as 
the diversity of the human uses and biological characteristics of 
sites.
    (e) Competitive Grant Program.--The administering agencies (acting 
through the National Oceanic and Atmospheric Administration) shall 
administer a program to award grants to academic institutions, State 
agencies, and other appropriate groups, in order to assist in carrying 
out subsections (b) and (h). This program shall be competitive, peer-
reviewed, and merit-based.
    (f) Ship Pathway Surveys.--Section 1102(b)(2)(B)(ii) of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4712(b)(2)(B)(ii)) is amended to read as follows:
                            ``(ii) examine other potential modes for 
                        the introduction of nonnative aquatic species 
                        by ship, including hull fouling.''.
    (g) Workshop.--In order to support the development of the protocols 
and design for the surveys under subsections (b) and (c), the 
administering agencies shall convene a workshop with appropriate 
researchers from Federal and State agencies and academic institutions 
to gather recommendations. The administering agencies shall make the 
results of the workshop widely available to the public. The workshop 
shall be held within 120 days after the date of the enactment of this 
Act.
    (h) Experimentation.--The administering agencies 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.
    (i) National Pathway and Ecological Surveys Database.--
            (1) In general.--The United States Geological Survey shall 
        develop, maintain, and update, in consultation and cooperation 
        with the Smithsonian Environmental Research Center, the 
        National Oceanic and Atmospheric Administration, and the Task 
        Force, a central, national database of information concerning 
        information collected under this section.
            (2) Requirements.--The database shall--
                    (A) be widely available to the public;
                    (B) be updated not less than once a quarter;
                    (C) be coordinated with existing databases 
                collecting similar information; and
                    (D) be, to the maximum extent practicable, 
                formatted such that the data is useful for both 
                researchers and Federal and State employees managing 
                relevant invasive species programs.

SEC. 6. ANALYSIS.

    (a) Invasion Analysis.--
            (1) In general.--Not later than 3 years after the date of 
        the enactment of this Act, and every year thereafter, the 
        administering agencies shall analyze data collected under 
        section 5 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 5 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;

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