text: 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, 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.
  
  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 2003 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 2004 through 2006.
target: 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.
feat_title: To establish the National Invasive Species Council, and for other purposes.