I

108TH CONGRESS

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

IN THE HOUSE OF REPRESENTATIVES

JANUARY 8, 2003

Mr. EHLERS (for himself and Mr. GILCHREST) introduced the following bill;

which was referred to the Committee on Resources

To establish the National Invasive Species Council, and for

other purposes.

This Act may be cited as the ‘‘National Invasive Species

Council Act’’.

(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 ac-

tions 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 members:

(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.

(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 President.

(5) COMPENSATION.—The Executive Director

shall be paid at the maximum rate of basic pay for

GS–15 of the General Schedule.

(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 species.

(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 Congress.

(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 species.

(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 species.

(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).

(c) ISSUANCE AND UPDATE OF NATIONAL MANAGEMENT PLAN.

—The Council shall—

(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 Plan.

(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 cause.

(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

(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.