[Congressional Record Volume 149, Number 2 (Wednesday, January 8, 2003)]
[Extensions of Remarks]
[Page E42]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page E42]]
       INTRODUCTION OF THE NATIONAL INVASIVE SPECIES COUNCIL ACT

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                         HON. VERNON J. EHLERS

                              of michigan

                    in the house of representatives

                       Wednesday, January 8, 2003

  Mr. EHLERS. Mr. Speaker, today I am introducing legislation to codify 
the Executive Order that established the Invasive Species Council and 
gave the Council responsibility for coordinating all invasive species 
activities across the Federal government (Executive Order #13112, 
issued in 1999). Invasive species, such as the snakehead fish and zebra 
mussel, cause an enormous economic, ecological and human health toll on 
the United States every year. There are over 20 different Federal 
agencies involved in prevention, eradication, control, monitoring, 
research and outreach efforts to deal with the threat of invasive 
species, and this Executive effort seeks to make these efforts more 
coordinated, effective and cost-efficient. Better management of 
invasive species efforts across Federal agencies is critical to an 
effective response to this threat, and the Executive Order was the 
right first step. However, it is only the first step. Congress now 
needs to pass this legislation to give the Council more authority to 
effectively meet this threat.
  Since its inception, the Council has made progress in achieving its 
mandate. In particular, in 2001 the council issued the National 
Management Plan to provide a general blueprint of goals and actions for 
Federal agencies to better deal with invasive species. While this broad 
plan lacks detail in some areas, it is a good first step toward 
focusing the various Federal efforts on common goals and coordinated 
actions. In addition, the Council established a Federal advisory 
committee consisting of 32 members from a broad array of stakeholders. 
The advisory committee has met several times in order to provide 
guidance on the development of the National Management Plan and on 
Federal agency actions regarding invasive species in general.
  While the Council has had some success, its authority to coordinate 
the actions of Federal agencies has been limited. The General 
Accounting Office (GAO) recently recognized this problem, stating that 
agencies did not incorporate the components of the National Management 
Plan into their annual performance plans. In addition, GAO recommended 
that the Council study whether or not a lack of legislative authority 
has hampered its mission. Key agencies of the Council have already 
recognized this lack of authority as problematic and have supported 
codification of the Council in testimony before a November 2002 joint 
hearing of the House Resources and House Science Committees on aquatic 
invasive species.
  The legislation I am introducing today essentially keeps the existing 
structure of the Council intact, while at the same time it addresses 
issues raised by GAO by giving the Council a clear statutory mandate.
  First, the legislation maintains the Executive Order's statement of 
administration policy that Federal agencies should not undertake 
actions that may lead to the introduction or further spread of invasive 
species without careful consideration of the costs that the proposed 
action may cause. The legislation requires that the Council for 
Environmental Quality, in conjunction with the Council, issue 
guidelines for Federal agencies to help them consider the consequences 
of any proposed action. The intent of this provision is to create a 
common set of guidelines by which all Federal agencies can measure 
their actions, not to give individuals a private right of action 
against government agencies that take actions regarding invasive 
species.

  Second, the legislation makes some modifications to the existing 
institutional structure of the Council. The membership of the Council 
will remain the same; however the legislation updates the membership, 
as described by the Executive Order, to reflect additional agencies 
that have been added since 1999. It also makes the Council an 
independent entity within the Executive Branch, to be chaired on a 
rotating basis by the Secretary of the Interior, the Secretary of 
Agriculture, and the Secretary of Commerce. This is a change from the 
Executive Order, which called for the Council to be housed within the 
Department of Interior and chaired by that agency. If the Council is to 
be a truly independent entity that can work with all Federal agencies, 
this change is necessary.
  Third, the legislation retains the duties of the Council as described 
by the Executive Order (including development of an updated National 
Management Plan), but it adds some new duties in order to give the 
council more tools to use in coordinating Federal programs. In 
particular, the Council must submit an annual list of the top 
priorities in several different areas related to addressing the threat 
posed by invasive species. The legislation also specifically calls upon 
the Council to work with Federal agencies during the budget development 
and submission process in order to ensure that budget priorities 
reflect the priorities of the National Management Plan. The legislation 
also calls on the Office of Management and Budget to develop a crosscut 
budget of all invasive species efforts in the Federal government. This 
is a necessary tool for the Council to coordinate efforts among the 
various Federal agencies.
  Finally, the legislation retains the existing Invasive Species 
Advisory Council to serve as an important contributor to the ongoing 
dialogue between the Federal government and stakeholders to ensure that 
the Federal government acts in the most effective way.
  This legislation will help further the Federal government's efforts 
to combat invasive species, and I urge all of my colleagues to 
cosponsor this important legislation.

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