[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 266 Introduced in House (IH)]

  1st Session
                                H. R. 266

   To establish the National Invasive Species Council, and for other 



                            January 8, 2003

  Mr. Ehlers (for himself and Mr. Gilchrest) introduced the following 
         bill; which was referred to the Committee on Resources


                                 A BILL

   To establish the National Invasive Species Council, and for other 

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


     This Act may be cited as the ``National Invasive Species Council 


    (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 his or her sole 
discretion and pursuant to guidelines developed under subsection (b), 
determines that--
            (1) the benefits of the action under consideration clearly 
        outweigh the potential harm to the environment, economy, or 
        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, economy, or human health will be taken 
        in carrying out the actions.
    (b) Guidelines.--The Council for Environmental Quality, in 
conjunction with the Invasive Species Council, shall develop guidelines 
for Federal agencies to analyze actions pursuant to this section.


    (a) Establishment.--There is established as an independent entity 
within the executive branch the National Invasive Species Council. The 
Council shall provide leadership and coordination among Federal 
agencies, and between the Federal Government and State and local 
governments, with respect to effort to minimize the economic, 
ecological, and human health impacts that invasive species cause and 
reduce the threat of further invasions.
    (b) Membership.--
            (1) In general.--The Council shall consist of the following 
                    (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.
                    (K) Such additional members as may be appointed 
                under paragraph (2).
            (2) Additional members.--With the concurrence of a majority 
        of the members of the Council, the Chair 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) Chair.--The Secretary of the Interior shall serve as chair of 
the Council for the three-year period beginning on the date of the 
enactment of this Act. Thereafter, the chair shall rotate every three 
years among the following members, in the order stated:
            (1) The Secretary of Agriculture.
            (2) The Secretary of Commerce.
            (3) The Secretary of the Interior.
    (d) Meetings.--The Council shall meet at least semiannually, at the 
call of chair.
    (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 the Secretary 
        of the Interior, the Secretary of Agriculture, and the 
        Secretary of Commerce.
            (3) Qualifications.--An individual appointed under this 
        subsection must have legal or scientific experience and 
        training in the area of natural resources, ecology, or 
        agriculture, and experience in dealing with public policy 
        matters regarding aquatic and terrestrial invasive species.
            (4) Term.--The Executive Director of the Council shall 
        serve a term of six years, unless removed earlier by the 
            (5) Compensation.--The Executive Director shall be paid at 
        the maximum rate of basic pay for GS-15 of the General 


    (a) In General.--The Council shall ensure that Federal agency 
efforts concerning invasive species are coordinated, effective, 
complementary, and cost-efficient.
    (b) Specific Functions.--To carry out subsection (a) the Council 
shall perform the following functions:
            (1) Coordinate with existing organizations addressing 
        invasive species, such as the Aquatic Nuisance Species Task 
        Force, the Federal Interagency Committee for the Management of 
        Noxious and Exotic Weeds, regional panels established under the 
        Nonindigenous Aquatic Nuisance Prevention and Control Act of 
        1990 (16 U.S.C. 4701 et seq.), and the White House Office of 
        Science and Technology Policy, to implement the National 
        Management Plan.
            (2) Develop recommendations for international cooperation 
        between Federal and State Governments and other nations 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, guidance to Federal agencies pursuant to 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.) on prevention, control, and eradication of invasive 
            (5) Establish and maintain a publicly accessible, 
        coordinated, up-to-date information sharing system that--
                    (A) allows the access to and exchange of 
                information among Federal agencies and the public; and
                    (B) utilizes, to the greatest 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 
        pursuant to the President's annual budget submission to the 
            (7) Evaluate Federal programs that are likely to cause or 
        promote the introduction or spread of invasive species in the 
        United States, and recommend actions Federal agencies can take 
        to minimize the risk of introductions or further spread of 
        invasive species.
            (8) Develop and submit to the appropriate Committees of the 
        House of Representatives and Senate 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 the following areas:
                    (A) Prevention.
                    (B) Eradication.
                    (C) Control.
                    (D) Monitoring.
                    (E) Research.
                    (F) Outreach.


    (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 each of the Federal agency activities related 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 the following:
                    (A) Prevention of 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. Recommended approaches under this 
                subparagraph 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 nations to increase 
                their capacity to control their invasive species and 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 eradicating them or controlling 
                their spread.
                    (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 
                    (G) Evaluating and documenting the impacts of 
                invasive species on the economy, the environment, and 
                human health.
                    (H) Conducting research on the matters referred to 
                in subparagraphs (A) through (F).
                    (I) Developing technologies to prevent the 
                introduction and provide for the management of invasive 
                    (J) Promoting public education on invasive species 
                and the means to address them.
            (4) Identification of needed personnel, etc.--The National 
        Management Plan shall identify the personnel, other resources, 
        and additional levels of coordination needed to achieve the 
        goals included in the plan.
    (b) Existing Plan.--The Management Plan of the National Invasive 
Species Council adopted in 2001 shall be treated as the National 
Management Plan required under subsection (a) until the date of the 
issuance of the National Management plan in accordance with subsection 
    (c) Issuance and Update of National Management Plan.--The Council 
            (1) issue the National Management Plan required under 
        subsection (a) by not later than December 31, 2003;
            (2) update the National Management Plan by not later than 
        December 31 biennially; and
            (3) concurrently with the process of updating the National 
        Management Plan, evaluate and report to the Congress on success 
        in achieving the goals set forth in the National Management 
    (d) Agency Reports.--Within 18 months after the date of the 
issuance of any edition of the National Management Plan that recommends 
action by a Federal agency, the head of such agency shall report to the 
Congress any of such actions that the agency has not taken, with an 
explanation of why the action is not feasible.


    (a) In General.--The Council shall have an advisory committee to 
provide information and advice for consideration by the Council, which 
shall be known as the Invasive Species Advisory Committee. 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 such 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 chair 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 
economic, ecological, and human health impacts that 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 local, tribal, State, 
regional, and ecosystem-based levels to achieve the goals of the 
National Management Plan required under section 5.
    (d) Continuing Operation of Existing Committee.--Any advisory 
committee appointed before the date of the enactment of this Act 
pursuant to the charter referred to in subsection (a) may continue in 
effect under this section.


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


     In this Act:
            (1) Council.--The term ``Council'' means the National 
        Invasive Species Council established by section 3(a).
            (2) Invasive species.--The term ``invasive species'' means 
        a species--
                    (A) that is nonnative to the ecosystem under 
                consideration; and
                    (B) the introduction of which causes or may cause 
                harm to the economy, the environment, 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 5(a).
            (4) Species.--The term ``species'' means a category of 
        taxonomic classification ranking below a genus or subgenus and 
        consisting of related organisms capable of interbreeding.


     Executive Order 13112, dated February 3, 1999, shall have no force 
or effect.


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