[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[S. 536 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 536

   To establish the National Invasive Species Council, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2003

    Mr. DeWine (for himself, Mr. Levin, Ms. Collins, Mr. Reed, Mr. 
 Voinovich, and Ms. Stabenow) introduced the following bill; which was 
  read twice and referred to the Committee on Environment and Public 
                                 Works

_______________________________________________________________________

                                 A BILL


 
   To establish the National Invasive Species Council, and for other 
                               purposes.

    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 ``National Invasive Species Council 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Council.--The term ``Council'' means the National 
        Invasive Species Council established by section 4(a).
            (2) Invasive species.--The term ``invasive species'' means 
        a species--
                    (A) that is nonnative to an ecosystem; and
                    (B) the introduction of which to that ecosystem 
                causes or may cause harm to the environment, the 
                economy, or human health.
            (3) National management plan.--The term ``National 
        Management Plan'' means the National Invasive Species 
        Management Plan developed by the Council under section 6(a).
            (4) Species.--The term ``species'' means a category of 
        taxonomic classification that--
                    (A) ranks below a genus or subgenus; and
                    (B) consists of related organisms capable of 
                interbreeding.

SEC. 3. LIMITATION ON FEDERAL ACTIONS.

    (a) In General.--No Federal agency may authorize, fund, or carry 
out any action that would likely cause or promote the introduction or 
spread of an invasive species in the United States or any other 
location, unless the head of the Federal agency, at the head of the 
agency's sole discretion and in accordance with guidelines developed 
under subsection (b), determines that--
            (1) the benefits of the action under consideration clearly 
        outweigh the potential harm to the environment, the economy, 
        and human health caused by the introduction or spread of the 
        invasive species; and
            (2) all feasible and prudent measures to minimize risk of 
        harm to the environment, the economy, and human health will be 
        taken in carrying out the action.
    (b) Guidelines.--The Council on Environmental Quality, in 
conjunction with the Council, shall develop guidelines for Federal 
agencies to use in analyzing actions under subsection (a).

SEC. 4. NATIONAL INVASIVE SPECIES COUNCIL.

    (a) Establishment.--
            (1) In general.--There is established, as an independent 
        entity in the executive branch, the National Invasive Species 
        Council.
            (2) Duties.--The Council shall provide leadership and 
        coordination among Federal agencies, and between the Federal 
        Government and State and local governments, with respect to 
        efforts--
                    (A) to minimize the environmental, economic, and 
                human health impacts caused by invasive species; and
                    (B) to reduce the threat of further invasions of 
                invasive species.
    (b) Membership.--
            (1) In general.--The Council shall consist of--
                    (A) the Secretary of the Interior;
                    (B) the Secretary of Agriculture;
                    (C) the Secretary of Commerce;
                    (D) the Secretary of State;
                    (E) the Secretary of the Treasury;
                    (F) the Secretary of Defense;
                    (G) the Secretary of Transportation;
                    (H) the Secretary of Health and Human Services;
                    (I) the Administrator of the Environmental 
                Protection Agency;
                    (J) the Administrator of the United States Agency 
                for International Development; and
                    (K) such additional members as are appointed under 
                paragraph (2).
            (2) Additional members.--With the concurrence of a majority 
        of the members of the Council, the chairperson of the Council 
        may appoint additional members to the Council from among 
        individuals who are officers or employees of the Federal 
        Government with significant responsibilities concerning 
        invasive species.
    (c) Chairperson.--
            (1) Initial chairperson.--The Secretary of the Interior 
        shall serve as chairperson of the Council for the 3-year period 
        beginning on the date of enactment of this Act.
            (2) Subsequent chairpersons.--After the initial 3-year 
        period described in paragraph (1), the chairperson shall rotate 
        every 3 years among the following members, in the following 
        order:
                    (A) The Secretary of Agriculture.
                    (B) The Secretary of Commerce.
                    (C) The Secretary of the Interior.
    (d) Meetings.--The Council shall meet at the call of the 
chairperson, but not less often than semiannually.
    (e) Executive Director.--
            (1) Appointment.--The President shall appoint the Executive 
        Director of the Council, by and with the advice and consent of 
        the Senate.
            (2) Consultation.--Before appointing an individual under 
        paragraph (1), the President shall consult with--
                    (A) the Secretary of the Interior;
                    (B) the Secretary of Agriculture; and
                    (C) the Secretary of Commerce.
            (3) Qualifications.--An individual appointed as Executive 
        Director of the Council shall have--
                    (A) legal or scientific experience and training in 
                the area of natural resources, ecology, or agriculture; 
                and
                    (B) experience in dealing with public policy 
                matters concerning aquatic and terrestrial invasive 
                species.
            (4) Term.--The Executive Director of the Council shall 
        serve for a term of 6 years.
            (5) Compensation.--The Executive Director shall be paid at 
        the maximum rate of basic pay prescribed for level GS-15 of the 
        General Schedule.

SEC. 5. DUTIES.

    (a) In General.--The Council shall ensure that the efforts of 
Federal agencies concerning invasive species are coordinated, 
effective, complementary, and cost-efficient.
    (b) Duties.--To carry out subsection (a), the Council shall--
            (1) coordinate with other organizations addressing invasive 
        species (such as the Federal Interagency Committee for the 
        Management of Noxious and Exotic Weeds, 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), regional panels established under that 
        Act, and the White House Office of Science and Technology 
        Policy) to implement the National Management Plan;
            (2) develop recommendations for international cooperation 
        between the Federal Government, State governments, and foreign 
        countries on tools, policies, and methods to prevent the 
        introduction and export of invasive species into and from, 
        respectively, the United States;
            (3) develop guidelines for Federal agency efforts to ensure 
        that Federal programs concerning invasive species, including 
        outreach programs, are coordinated with State, local, and 
        tribal governments;
            (4) develop, in consultation with the Council on 
        Environmental Quality and in accordance with the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
        guidance for Federal agencies on prevention, control, and 
        eradication of invasive species;
            (5) establish and maintain a publicly accessible, 
        coordinated, up-to-date information sharing system on invasive 
        species that--
                    (A) allows the access to and exchange of 
                information among Federal agencies and the public; and
                    (B) uses, to the maximum extent practicable, the 
                Internet;
            (6) ensure that Federal agencies implement the plans, 
        programs, and policies adopted by the Council in the National 
        Management Plan through appropriate actions, including working 
        in cooperation with Federal agencies on development of budgets 
        for the annual submission by the President to Congress of the 
        budget of the United States Government under section 1105 of 
        title 31, United States Code;
            (7)(A) evaluate Federal programs that are likely to cause 
        or promote the introduction or spread of invasive species in 
        the United States; and
            (B) recommend actions Federal agencies can take to minimize 
        the risk of introductions or further spread of invasive 
        species; and
            (8) develop and submit to the appropriate committees of 
        Congress and the Director of the Office of Management and 
        Budget an annual list of priorities, ranked in high, medium, 
        and low categories, of Federal efforts and programs in 
        prevention, eradication, control, and monitoring of, and 
        research and outreach concerning, invasive species.

SEC. 6. NATIONAL INVASIVE SPECIES MANAGEMENT PLAN.

    (a) Development.--
            (1) In general.--The Council shall develop a National 
        Invasive Species Management Plan that details and recommends 
        performance-oriented goals and specific measures of success for 
        carrying out activities by Federal agencies relating to 
        invasive species.
            (2) Development process.--The National Management Plan 
        shall be developed through a public process and in consultation 
        with Federal agencies, appropriate State and local entities, 
        and other appropriate stakeholders.
            (3) Contents.--The National Management Plan shall include 
        recommendations of effective, cost-efficient, environmentally 
        sound, and science-based approaches for--
                    (A) preventing the introduction of invasive 
                species, including approaches for identifying pathways 
                by which invasive species are introduced and for 
                minimizing the risk of introductions via those 
                pathways, which recommended approaches shall provide 
                for--
                            (i) a process to evaluate risks associated 
                        with the introduction and spread of invasive 
                        species; and
                            (ii) a coordinated and systematic risk-
                        based process to identify, monitor, and 
                        interdict pathways that may be involved in the 
                        introduction of invasive species;
                    (B) cooperating with other countries to increase 
                their capacity--
                            (i) to control invasive species; and
                            (ii) to prevent the spread of invasive 
                        species across international borders;
                    (C) rapidly detecting and responding to incipient 
                invasions of invasive species;
                    (D) managing new and established populations of 
                invasive species by--
                            (i) eradicating the invasive species; or
                            (ii) controlling the spread of the invasive 
                        species;
                    (E) accurately and reliably monitoring new and 
                established populations of invasive species;
                    (F) restoring native species and habitat conditions 
                in ecosystems that have been invaded by invasive 
                species;
                    (G) conducting research on the matters referred to 
                in subparagraphs (A) through (F);
                    (H) evaluating and documenting the impacts of 
                invasive species on the environment, the economy, and 
                human health;
                    (I) developing technologies to prevent the 
                introduction and provide for the management of invasive 
                species; and
                    (J) promoting public education on invasive species 
                and the means to address invasive species.
            (4) Identification of needed resources.--The National 
        Management Plan shall identify the personnel, other resources, 
        and additional levels of coordination needed to achieve the 
        goals included in the National Management Plan.
    (b) Existing Plan.--The National Invasive Species Management Plan 
of the Invasive Species Council adopted in 2001 shall be treated as the 
National Management Plan required under subsection (a) until the date 
of issuance of the National Management Plan under subsection (c)(1).
    (c) Issuance and Updating of National Management Plan.--The Council 
shall--
            (1) not later than December 31, 2003, issue the National 
        Management Plan;
            (2) not later than December 31, 2005, and biennially 
        thereafter, update the National Management Plan; and
            (3) concurrently with the process of updating the National 
        Management Plan, evaluate and report to Congress on success in 
        achieving the goals included in the National Management Plan.
    (d) Agency Reports.--Not later than 18 months after the date of 
issuance of any update of the National Management Plan that recommends 
action by a Federal agency, the head of the Federal agency shall submit 
to Congress a report that--
            (1) describes each of the recommended actions that the 
        agency has not taken; and
            (2) provides an explanation of why the action is not 
        feasible.

SEC. 7. INVASIVE SPECIES ADVISORY COMMITTEE.

    (a) Establishment.--
            (1) In general.--The Council shall maintain an advisory 
        committee, to be known as the ``Invasive Species Advisory 
        Committee'', to provide information and advice for 
        consideration by the Council.
            (2) Organization, functions, and authorities.--Except as 
        otherwise provided in this section, the advisory committee 
        shall be organized, perform the functions, and have the 
        authorities specified in the charter for the advisory committee 
        signed by the Secretary of the Interior on October 30, 2001.
    (b) Appointment.--Members of the advisory committee shall be 
appointed by the chairperson of the Council, after consultation with 
the other members of the Council, from among individuals representing 
stakeholders with respect to Federal programs for minimizing the 
environmental, economic, and human health impacts caused by invasive 
species.
    (c) Functions.--In addition to the functions specified in the 
charter referred to in subsection (a), the advisory committee shall 
recommend to the Council plans and actions at the regional, State, 
local, tribal, and ecosystem-based levels to achieve the goals of the 
National Management Plan.
    (d) Continuing Operation of Existing Committee.--Any advisory 
committee appointed before the date of enactment of this Act in 
accordance with the charter referred to in subsection (a)(2) may 
continue in effect under this section.

SEC. 8. BUDGET ANALYSIS AND SUMMARY.

    Not later than March 31, 2003, and March 31 of each year 
thereafter, the Director of the Office of Management and Budget shall 
prepare, and submit to Congress and the Council, a budget analysis and 
summary of all Federal programs relating to invasive species.

SEC. 9. EXISTING EXECUTIVE ORDER.

    Executive Order No. 13112, dated February 3, 1999 (42 U.S.C. 4321 
note; relating to invasive species), shall be of no effect.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$2,000,000 for each of fiscal years 2004 through 2006.
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