National Invasive Species Council Act - Declares that 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 agency head determines that: (1) the benefits outweigh the potential harm to the environment, economy, or human health; and (2) all feasible and prudent measures to minimize the risk or harm will be taken. Requires the Council for Environmental Quality, in conjunction with the National Invasive Species Council, to develop guidelines for such measures.
Establishes within the executive branch the National Invasive Species Council to ensure that Federal agency efforts concerning invasive species are coordinated, effective, complementary, and cost-efficient.
Requires the Council to develop a National Invasive Species Management Plan that details and recommends performance-oriented goals.
Requires the Council to create the Invasive Species Advisory Committee to provide information and advice for consideration by the Council.
Requires the Director of the Office of Management and Budget to prepare and submit to Congress and the Council a yearly budget analysis and summary of all Federal programs relating to invasive species.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1593 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1593
To establish the National Invasive Species Council, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2005
Mr. Ehlers introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
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. STATEMENT OF POLICY REGARDING FEDERAL DUTIES.
(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.
SEC. 3. NATIONAL INVASIVE SPECIES COUNCIL.
(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.
(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
President.
(5) Compensation.--The Executive Director shall be paid at
the maximum rate of basic pay for GS-15 of the General
Schedule.
SEC. 4. DUTIES.
(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.
SEC. 5. 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 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, 2005;
(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.
SEC. 6. INVASIVE SPECIES ADVISORY COMMITTEE.
(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.
SEC. 7. BUDGET CROSSCUT.
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 2006 and of each year thereafter, a budget analysis and summary of
all Federal programs relating to invasive species
SEC. 8. DEFINITIONS.
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.
SEC. 9. EXISTING EXECUTIVE ORDER.
Executive Order 13112, dated February 3, 1999, shall have no force
or 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 2006 through 2008.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E633-634)
Referred to the House Committee on Resources.
Referred to the Subcommittee on Forests and Forest Health.
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