I 
108TH CONGRESS 
1ST SESSION 
H. R. 266
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 
A BILL 
To establish the National Invasive Species Council, and for 
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Invasive Spe-
cies Council Act’’. 
SEC. 2. STATEMENT OF POLICY REGARDING FEDERAL DU-
TIES. 
(a) IN GENERAL.—No Federal agency may author-
ize, fund, or carry out any action that would likely cause 
or promote the introduction or spread of an invasive spe-
cies 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 consider-
ation clearly outweigh the potential harm to the en-
vironment, economy, or human health caused by the 
introduction or spread of the invasive species; and 
(2) all feasible and prudent measures to mini-
mize risk of harm to the environment, economy, or 
human health will be taken in carrying out the ac-
tions. 
(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. 
SEC. 3. NATIONAL INVASIVE SPECIES COUNCIL. 
(a) ESTABLISHMENT.—There is established as an 
independent entity within the executive branch the Na-
tional Invasive Species Council. The Council shall provide 
leadership and coordination among Federal agencies, and 
between the Federal Government and State and local gov-
ernments, 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 Environ-
mental 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 concur-
rence 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 ap-
point the Executive Director of the Council, by and 
with the advice and consent of the Senate. 
(2) CONSULTATION.—Before appointing an in-
dividual under paragraph (1), the President shall 
consult with the Secretary of the Interior, the Sec-
retary of Agriculture, and the Secretary of Com-
merce. 
(3) QUALIFICATIONS.—An individual appointed 
under this subsection must have legal or scientific 
experience and training in the area of natural re-
sources, 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 re-
moved 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 co-
ordinated, 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 ad-
dressing invasive species, such as the Aquatic Nui-
sance Species Task Force, the Federal Interagency 
Committee for the Management of Noxious and Ex-
otic 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 spe-
cies into and from, respectively, the United States. 
(3) Develop guidelines for Federal agency ef-
forts to ensure that Federal programs concerning 
invasive species, including outreach programs, are 
coordinated with State, local, and tribal govern-
ments. 
(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, con-
trol, and eradication of invasive species. 
(5) Establish and maintain a publicly acces-
sible, 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 prac-
ticable, the Internet. 
(6) Ensure that Federal agencies implement the 
plans, programs, and policies adopted by the Council 
in the National Management Plan through appro-
priate actions, including working in cooperation with 
Federal agencies on development of budgets pursu-
ant 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 rec-
ommend actions Federal agencies can take to mini-
mize 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 Manage-
ment and Budget an annual list of priorities, ranked 
in high, medium, and low categories, of Federal ef-
forts 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 de-
tails 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 pub-
lic process and in consultation with Federal agen-
cies, 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 iden-
tifying pathways by which invasive species are 
introduced and for minimizing the risk of intro-
ductions via those pathways. Recommended ap-
proaches under this subparagraph shall provide 
for—
(i) a process to evaluate risks associ-
ated 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 in-
crease 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 popu-
lations 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 im-
pacts 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 MANAGE-
MENT PLAN.—The Council shall—
(1) issue the National Management Plan re-
quired under subsection (a) by not later than De-
cember 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 Man-
agement Plan that recommends action by a Federal agen-
cy, 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 advi-
sory committee to provide information and advice for con-
sideration 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 com-
mittee 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, ecologi-
cal, and human health impacts that invasive species cause. 
(c) FUNCTIONS.—In addition to the functions speci-
fied in the charter referred to in subsection (a), the advi-
sory 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 Manage-
ment Plan required under section 5. 
(d) CONTINUING OPERATION
OF EXISTING COM-
MITTEE.—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 Budg-
et shall prepare and submit to the Congress and the Coun-
cil, 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 sec-
tion 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 environ-
ment, 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 cat-
egory of taxonomic classification ranking below a 
genus or subgenus and consisting of related orga-
nisms 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.
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