Noxious Weed Coordination and Plant Protection Act

of April 6, 1937 (56 Stat. 57, 
        chapter 69; 7 U.S.C. 148 et seq.).
            (6) The Act of January 31, 1942 (56 Stat. 40, chapter 31; 7 
        U.S.C. 149).
            (7) The Act of August 20, 1912 (commonly known as the 
        ``Plant Quarantine Act'') (37 Stat. 315, chapter 308; 7 U.S.C. 
        151 et seq.).
            (8) The Halogeton Glomeratus Control Act (7 U.S.C. 1651 et 
        seq.).
            (9) The Act of August 28, 1950 (64 Stat. 561, chapter 815; 
        7 U.S.C. 2260).
            (10) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et 
        seq.), other than the first section and section 15 of that Act 
        (7 U.S.C. 2801 note, 2814).
    (b) Effect on Regulations.--Regulations promulgated under the 
authority of a provision of law repealed by subsection (a) shall remain 
in effect until such time as the Secretary promulgates a regulation 
under section 306 that supersedes the earlier regulation.

                     TITLE IV--FEDERAL COORDINATION

SEC. 401. DEFINITIONS.

    In this title:
            (1) Action plan.--The term ``Action Plan'' means the 
        National Invasive Species Action Plan developed and submitted 
        to Congress under section 404, including any updates to the 
        Action Plan.
            (2) Alien species.--The term ``alien species'' means, with 
        respect to a particular ecosystem, any species, including its 
        seeds, eggs, spores, or other biological material capable of 
        propagating the species, that is not native to that ecosystem.
            (3) Control.--The term ``control'' means--
                    (A) the suppression, reduction, or management of 
                invasive species populations;
                    (B) the prevention of the spread of invasive 
                species from areas where the species are present; and
                    (C) the taking of measures such as the restoration 
                of native species and habitats to reduce the effects of 
                invasive species and to prevent further invasions.
            (4) Council.--The term ``Council'' means the Invasive 
        Species Council established by section 402.
            (5) Ecosystem.--The term ``ecosystem'' means the complex of 
        a community of organisms and the community's environment.
            (6) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551 of title 5, 
        United States Code, except that the term does not include an 
        independent establishment (as defined in section 104 of title 
        5, United States Code).
            (7) Introduction.--The term ``introduction'' means the 
        intentional or unintentional escape, release, dissemination, or 
        placement of a species into an ecosystem as a result of human 
        activity.
            (8) Invasive species.--The term ``invasive species'' means 
        an alien species the introduction of which causes or is likely 
        to cause economic or environmental harm or harm to human 
        health.
            (9) Native species.--The term ``native species'' means, 
        with respect to a particular ecosystem, a species that, other 
        than as a result of an introduction, historically occurred or 
        currently occurs in the ecosystem.
            (10) Species.--The term ``species'' means a group of 
        organisms all of which--
                    (A) have a high degree of physical and genetic 
                similarity;
                    (B) generally interbreed only among themselves; and
                    (C) show persistent differences from members of 
                allied groups of organisms.
            (11) Stakeholder.--The term ``stakeholder'' means an entity 
        with an interest in invasive species, including--
                    (A) a State, tribal, or local government agency;
                    (B) an academic institution;
                    (C) the scientific community; and
                    (D) a nongovernmental entity, including an 
                environmental, agricultural, or conservation 
                organization, trade group, commercial interest, or 
                private landowner.

SEC. 402. INVASIVE SPECIES COUNCIL.

    (a) Establishment.--There is established an advisory council to be 
known as the ``Invasive Species Council''.
    (b) Membership.--
            (1) In general.--The Council shall be composed of--
                    (A) the Secretary of State;
                    (B) the Secretary of the Treasury;
                    (C) the Secretary of Defense;
                    (D) the Secretary of the Interior, who shall be a 
                cochairperson of the Council;
                    (E) the Secretary of Agriculture, who shall be a 
                cochairperson of the Council;
                    (F) the Secretary of Commerce, who shall be a 
                cochairperson of the Council;
                    (G) the Secretary of Transportation;
                    (H) the Administrator of the Environmental 
                Protection Agency; and
                    (I) a representative of State government appointed 
                by the National Governors' Association.
            (2) Other federal agency representatives.--The Council 
        may--
                    (A) invite other representatives of Federal 
                agencies to serve as members of the Council, including 
                representatives from subcabinet bureaus or offices with 
                significant responsibilities concerning invasive 
                species; and
                    (B) prescribe special procedures for the 
                participation by those other representatives on the 
                Council.
    (c) Duties.--The Invasive Species Council shall--
            (1) provide national leadership regarding invasive species;
            (2) oversee the implementation of this title and make 
        recommendations designed to ensure that the activities of 
        Federal agencies concerning invasive species are coordinated, 
        complementary, cost-efficient, and effective, relying to the 
        maximum extent practicable on organizations addressing invasive 
        species, such as--
                    (A) the Aquatic Nuisance Species Task Force 
                established by section 1201 of the Nonindigenous 
                Aquatic Nuisance Prevention and Control Act of 1990 (16 
                U.S.C. 4721);
                    (B) the Federal Interagency Committee for the 
                Management of Noxious and Exotic Weeds; and
                    (C) the Committee on Environment and Natural 
                Resources of the Office of Science and Technology 
                Policy;
            (3) encourage planning and action at local, tribal, State, 
        regional, and ecosystem-based levels to achieve the goals and 
        objectives of the Action Plan, in cooperation with stakeholders 
        and organizations addressing invasive species;
            (4) develop recommendations for international cooperation 
        in addressing invasive species;
            (5) develop, in consultation with the Council on 
        Environmental Quality, guidance to Federal agencies under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) concerning prevention and control of invasive species, 
        including the procurement, use, and maintenance of native 
        species in a manner designed to affect invasive species;
            (6) facilitate development of a coordinated network among 
        Federal agencies to document, evaluate, and monitor impacts 
        from invasive species on the economy, the environment, and 
        human health;
            (7) facilitate establishment of a coordinated, up-to-date 
        information-sharing system that--
                    (A) uses, to the maximum extent practicable, the 
                Internet; and
                    (B) facilitates access to and exchange of 
                information concerning invasive species, such as--
                            (i) information on the distribution and 
                        abundance of invasive species;
                            (ii) life histories of invasive species and 
                        invasive characteristics;
                            (iii) economic, environmental, and human 
                        health impacts from invasive species;
                            (iv) techniques for management of invasive 
                        species; and
                            (v) laws and programs for management, 
                        research, and public education concerning 
                        invasive species; and
            (8) develop and submit to Congress the Action Plan.
    (d) Executive Director; Staff.--With the concurrence of the other 
cochairpersons, the Secretary of the Interior shall--
            (1) appoint an Executive Director of the Council; and
            (2) provide staff and administrative support for the 
        Council.

SEC. 403. ADVISORY COMMITTEE.

    (a) Establishment.--The Secretary of the Interior shall--
            (1) establish an advisory committee to provide information 
        and advice for consideration by the Council; and
            (2) after consultation with other members of the Council, 
        appoint members of the advisory committee to represent 
        stakeholders.
    (b) Duties.--The duties of the advisory committee shall include 
making recommendations for plans and actions at local, tribal, State, 
regional, and ecosystem-based levels to achieve the goals and 
objectives of the Action Plan.
    (c) Cooperation.--The advisory committee shall act in cooperation 
with stakeholders and organizations addressing the problem of invasive 
species.
    (d) Administrative and Financial Support.--The Secretary of the 
Interior shall provide administrative and financial support for the 
advisory committee.

SEC. 404. INVASIVE SPECIES ACTION PLAN.

    (a) In General.--Not later than 270 days after the date of 
enactment of this Act, the Council shall develop and submit to Congress 
a National Invasive Species Action Plan, which shall--
            (1) detail and recommend performance-oriented goals and 
        objectives and specific measures of success for Federal agency 
        efforts concerning invasive species;
            (2) detail and recommend measures to be taken by the 
        Council to carry out its duties under section 402; and
            (3) identify the personnel, other resources, and additional 
        levels of coordination needed to achieve the goals and 
        objectives of the Action Plan.
    (b) Public Participation and Coordination.--The Action Plan shall 
be--
            (1) developed through a public process and in consultation 
        with Federal agencies and stakeholders; and
            (2) coordinated with any State plans concerning invasive 
        species.
    (c) Special Requirements for First Action Plan.--
            (1) In general.--The first Action Plan submitted under 
        subsection (a) shall--
                    (A) include a review of existing and prospective 
                approaches and authorities for preventing the 
                introduction and spread of invasive species, including 
                approaches for--
                            (i) identifying pathways for the 
                        introduction of invasive species; and
                            (ii) minimizing the risk of introductions 
                        by means of those pathways; and
                    (B) identify research needs and recommend measures 
                to minimize the risk that introductions will occur.
            (2) Recommended processes.--The measures recommended under 
        paragraph (1)(B) shall provide for--
                    (A) a science-based process to evaluate risks 
                associated with the introduction and spread of invasive 
                species; and
                    (B) a coordinated and systematic risk-based process 
                to identify, monitor, and interdict pathways that may 
                be involved in the introduction of invasive species.
            (3) Recommendations for legislation.--If any measure 
        recommended under paragraph (1)(B) is not authorized by law in 
        effect as of the date of the recommendation, the Council shall 
        develop and submit to Congress legislative proposals for 
        necessary changes in law.
    (d) Updates and Evaluations of Action Plan.--The Council shall--
            (1) develop and submit to Congress biennial updates of the 
        Action Plan; and
            (2) concurrently evaluate and report on success in 
        achieving the goals and objectives specified in the Action 
        Plan.
    (e) Response by Federal Agencies.--Not later than 18 months after 
the date of submission to Congress of the Action Plan, each Federal 
agency that is required to implement a measure recommended under 
subsection (a)(1) or (c)(1)(B) shall--
            (1) take the recommended action; or
            (2) provide to the Council an explanation of why the action 
        is not feasible.

                TITLE V--AUTHORIZATION OF APPROPRIATIONS

SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to carry out this Act.
    (b) Compensation.--Except as provided in section 106 and as 
specifically authorized by law, no part of the amounts appropriated 
under this section shall be used to provide compensation for property 
injured or destroyed by or at the direction of the Secretary.

SEC. 502. TRANSFER AUTHORITY.

    (a) Authority To Transfer Certain Funds.--In connection with an 
emergency in which a plant pest or noxious weed threatens a segment of 
the agricultural production of the United States, the Secretary may 
transfer from other appropriations or funds available to the agencies 
or corporations of the Department of Agriculture such amounts as the 
Secretary considers necessary to be available in the emergency for the 
arrest, control, eradication, and prevention of the dissemination of 
the plant pest or noxious weed and for related expenses.
    (b) Availability.--Any funds transferred under this section shall 
remain available for such purposes until expended.
    (c) Conforming Amendments.--The first section of Public Law 97-46 
(7 U.S.C. 147b) is amended--
            (1) by striking ``plant pests or''; and
            (2) by striking ``section 102 of the Act of September 21, 
        1944, as amended (7 U.S.C. 147a), and''.

Summary: TABLE OF CONTENTS: Title I: Plant Protection Title II: Inspection and Enforcement Title III: Miscellaneous Provisions Title IV: Federal Coordination Title V: Authorization of Appropriations Noxious Weed Coordination and Plant Protection Act - Title I: Plant Protection - Prohibits a person from importing, exporting, or moving in interstate commerce an authorized plant pest. Authorizes the Secretary of Agriculture to permit such introduction or movement. Prohibits the unauthorized mailing, and knowing delivery by a mail carrier, of plant pests. Authorizes the Secretary to restrict the importation, movement, and means of conveyance of plants, plant products, biological control organisms, plant pests, and noxious weeds in order to prevent their US introduction and interstate movement. Authorizes: (1) the Secretary to publish lists of noxious weeds and biological control agents. And (2) private petitions to add or remove listings. Directs the Secretary of the Treasury to notify the Secretary of such articles' arrival, and hold them at the port of entry until inspected and authorized for US movement by the Secretary. Prohibits a person from moving unauthorized and uninspected articles from a port of entry or interstate. Authorizes: (1) the Secretary to take specified remedial and emergency measures either directly or by the owner, including treatment or disposal, to avoid dissemination of a plant pest or noxious weed. And (2) owner compensation for unauthorized disposals. Directs the Secretary to carry out a grasshopper and Mormon Cricket control program, including: (1) cost sharing for State and private land. And (2) personnel training. Authorizes the Secretary to make phytosanitary export certificates based upon foreign requirements. Title II: Inspection and Enforcement - Sets forth provisions with respect to: (1) inspections, warrants, and seizures, (2) information collection, (3) subpoena authority, (4) criminal and civil penalties. And (5) enforcement authority of the Attorney General. Title III: Miscellaneous Provisions - Authorizes the Secretary to enter into reimbursable fee agreements for preclearance outside the United States. States that this Act shall not apply to US postal employees in the course of their duties. Repeals specified Acts. Title IV: Federal Coordination - Establishes the Invasive Species Council to provide national leadership regarding invasive species, including networking and other specified activities. Directs the Secretary of the Interior to establish a related advisory committee. Directs the Council to develop and submit to the Congress a national invasive species action plan. Title V: Authorization of Appropriations - Authorizes appropriations to carry out this Act.