[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 969 Referred in House (RFH)]

  2d Session
                                 S. 969


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 21, 2002

            Referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 AN ACT


 
 To establish a Tick-Borne Disorders Advisory Committee, 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. FINDINGS.

    Congress makes the following findings:
            (1) Lyme disease is a common but frequently misunderstood 
        illness that, if not caught early and treated properly, can 
        cause serious health problems.
            (2) Lyme disease is a bacterial infection that is 
        transmitted by a tick bite. Early signs of infection may 
        include a rash and flu-like symptoms such as fever, muscle 
        aches, headaches, and fatigue.
            (3) Although Lyme disease can be treated with antibiotics 
        if caught early, the disease often goes undetected because it 
        mimics other illnesses or may be misdiagnosed. Untreated, Lyme 
        disease can lead to severe heart, neurological, eye, and joint 
        problems because the bacteria can affect many different organs 
        and organ systems.
            (4) If an individual with Lyme disease does not receive 
        treatment, such individual can develop severe heart, 
        neurological, eye, and joint problems.
            (5) Although Lyme disease accounts for 90 percent of all 
        vector-borne infections in the United States, the ticks that 
        spread Lyme disease also spread other disorders, such as 
        ehrlichiosis, babesiosis, and other strains of Borrelia. All of 
        these diseases in 1 patient makes diagnosis and treatment more 
        difficult.
            (6) Although tick-borne disease cases have been reported in 
        49 States and the District of Columbia, about 90 percent of the 
        15,000 cases have been reported in the following 10 States: 
        Connecticut, Pennsylvania, New York, New Jersey, Rhode Island, 
        Maryland, Massachusetts, Minnesota, Delaware, and Wisconsin. 
        Studies have shown that the actual number of tick-borne disease 
        cases are approximately 10 times the amount reported due to 
        poor surveillance of the disease.
            (7) Persistence of symptomatology in many patients without 
        reliable testing makes treatment of patients more difficult.

SEC. 2. ESTABLISHMENT OF A TICK-BORNE DISORDERS ADVISORY COMMITTEE.

    (a) Establishment of Committee.--Not later than 180 days after the 
date of enactment of this Act, there shall be established an advisory 
committee to be known as the Tick-Borne Disorders Advisory Committee 
(referred to in this Act as the ``Committee'') organized in the Office 
of the Secretary.
    (b) Duties.--The Committee shall advise the Secretary and Assistant 
Secretary of Health regarding how to--
            (1) assure interagency coordination and communication and 
        minimize overlap regarding efforts to address tick-borne 
        disorders;
            (2) identify opportunities to coordinate efforts with other 
        Federal agencies and private organizations addressing tick-
        borne disorders; and
            (3) develop informed responses to constituency groups 
        regarding the Department of Health and Human Services' efforts 
        and progress.
    (c) Membership.--
            (1) Appointed members.--
                    (A) In general.--The Secretary of Health and Human 
                Services shall appoint voting members to the Committee 
                from among the following member groups:
                            (i) Scientific community members.
                            (ii) Representatives of tick-borne disorder 
                        voluntary organizations.
                            (iii) Health care providers.
                            (iv) Patient representatives who are 
                        individuals who have been diagnosed with tick-
                        borne illnesses or who have had an immediate 
                        family member diagnosed with such illness.
                            (v) Representatives of State and local 
                        health departments and national organizations 
                        who represent State and local health 
                        professionals.
                    (B) Requirement.--The Secretary shall ensure that 
                an equal number of individuals are appointed to the 
                Committee from each of the member groups described in 
                clauses (i) through (v) of subparagraph (A).
            (2) Ex officio members.--The Committee shall have nonvoting 
        ex officio members determined appropriate by the Secretary.
    (d) Co-chairpersons.--The Assistant Secretary of Health shall serve 
as the co-chairperson of the Committee with a public co-chairperson 
chosen by the members described under subsection (c). The public co-
chairperson shall serve a 2-year term and retain all voting rights.
    (e) Term of Appointment.--All members shall be appointed to serve 
on the Committee for 4 year terms.
    (f) Vacancy.--If there is a vacancy on the Committee, such position 
shall be filled in the same manner as the original appointment. Any 
member appointed to fill a vacancy for an unexpired term shall be 
appointed for the remainder of that term. Members may serve after the 
expiration of their terms until their successors have taken office.
    (g) Meetings.--The Committee shall hold public meetings, except as 
otherwise determined by the Secretary, giving notice to the public of 
such, and meet at least twice a year with additional meetings subject 
to the call of the co-chairpersons. Agenda items can be added at the 
request of the Committee members, as well as the co-chairpersons. 
Meetings shall be conducted, and records of the proceedings kept as 
required by applicable laws and Departmental regulations.
    (h) Reports.--
            (1) In general.--Not later than 24 months after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        shall submit to Congress a report on the activities carried out 
        under this Act.
            (2) Content.--Such reports shall describe--
                    (A) progress in the development of accurate 
                diagnostic tools that are more useful in the clinical 
                setting; and
                    (B) the promotion of public awareness and physician 
                education initiatives to improve the knowledge of 
                health care providers and the public regarding clinical 
                and surveillance practices for Lyme disease and other 
                tick-borne disorders.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this Act, $250,000 for each of fiscal years 
2003 and 2004. Amounts appropriated under this subsection shall be used 
for the expenses and per diem costs incurred by the Committee under 
this section in accordance with the Federal Advisory Committee Act (5 
U.S.C. App.), except that no voting member of the Committee shall be a 
permanent salaried employee.

SEC. 3. AUTHORIZATION FOR RESEARCH FUNDING.

    There are authorized to be appropriated $10,000,000 for each of 
fiscal years 2003 through 2007 to provide for research and educational 
activities concerning Lyme disease and other tick-borne disorders, and 
to carry out efforts to prevent Lyme disease and other tick-borne 
disorders.

SEC. 4. GOALS.

    It is the sense of the Senate that, in carrying out this Act, the 
Secretary of Health and Human Services (referred to in this section as 
the ``Secretary''), acting as appropriate in consultation with the 
Director of the Centers for Disease Control and Prevention, the 
Director of the National Institutes of Health, the Committee, and other 
agencies, should consider carrying out the following:
            (1) Five-year plan.--It is the sense of the Senate that the 
        Secretary should consider the establishment of a plan that, for 
        the five fiscal years following the date of the enactment of 
        this Act, provides for the activities to be carried out during 
        such fiscal years toward achieving the goals under paragraphs 
        (2) through (4). The plan should, as appropriate to such goals, 
        provide for the coordination of programs and activities 
        regarding Lyme disease and other tick-borne disorders that are 
        conducted or supported by the Federal Government.
            (2) First goal: diagnostic test.--The goal described in 
        this paragraph is to develop a diagnostic test for Lyme disease 
        and other tick-borne disorders for use in clinical testing.
            (3) Second goal: surveillance and reporting of lyme disease 
        and other tick-borne disorders.--The goal described in this 
        paragraph is to accurately determine the prevalence of Lyme 
        disease and other tick-borne disorders in the United States.
            (4) Third goal: prevention of lyme disease and other tick-
        borne disorders.--The goal described in this paragraph is to 
        develop the capabilities at the Department of Health and Human 
        Services to design and implement improved strategies for the 
        prevention and control of Lyme disease and other tick-borne 
        diseases. Such diseases may include Masters' disease, 
        ehrlichiosis, babesiosis, other bacterial, viral and 
        rickettsial diseases such as tularemia, tick-borne 
        encephalitis, Rocky Mountain Spotted Fever, and bartonella, 
        respectively.

            Passed the Senate October 17, 2002.

            Attest:

                                                  JERI THOMSON,

                                                             Secretary.