[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2299 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2299

   To require the Secretary of Agriculture to establish an advisory 
  committee to develop recommendations regarding the national aquatic 
animal health plan developed by the National Aquatic Animal Health Task 
                     Force, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 1, 2007

   Ms. Snowe introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
   To require the Secretary of Agriculture to establish an advisory 
  committee to develop recommendations regarding the national aquatic 
animal health plan developed by the National Aquatic Animal Health Task 
                     Force, 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. SHORT TITLE.

    This Act may be cited as the ``National Aquatic Animal Health Act 
of 2007''.

SEC. 2. OVERSIGHT OF NATIONAL AQUATIC ANIMAL HEALTH PLAN.

    (a) Definitions.--In this section:
            (1) Advisory committee.--The term ``advisory committee'' 
        means the General Advisory Committee for Oversight of National 
        Aquatic Animal Health established under subsection (b)(1).
            (2) Plan.--The term ``plan'' means the national aquatic 
        animal health plan developed by the National Aquatic Animal 
        Health Task Force, composed of representatives of the 
        Department of Agriculture, the Department of Commerce 
        (including the National Oceanic and Atmospheric 
        Administration), and the Department of the Interior (including 
        the United States Fish and Wildlife Service).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Administrator of the Animal 
        and Plant Health Inspection Service.
    (b) General Advisory Committee for Oversight of National Aquatic 
Animal Health.--
            (1) Establishment.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary, in consultation with 
        States and the private sector, shall establish an advisory 
        committee, to be known as the ``General Advisory Committee for 
        Oversight of National Aquatic Animal Health''.
            (2) Membership.--
                    (A) Composition.--The advisory committee shall--
                            (i) be composed equally of representatives 
                        of--
                                    (I) State and tribal governments; 
                                and
                                    (II) commercial aquaculture 
                                interests; and
                            (ii) consist of not more than 20 members, 
                        to be appointed by the Secretary, of whom--
                                    (I) not less than 3 shall be 
                                representatives of Federal departments 
                                or agencies;
                                    (II) not less than 6 shall be 
                                representatives of State or tribal 
                                governments that elect to participate 
                                in the plan under subsection (d);
                                    (III) not less than 6 shall be 
                                representatives of affected commercial 
                                aquaculture interests; and
                                    (IV) not less than 2 shall be 
                                aquatic animal health experts, as 
                                determined by the Secretary.
                    (B) Nominations.--The Secretary shall publish in 
                the Federal Register a solicitation for, and may 
                accept, nominations for members of the advisory 
                committee from appropriate entities, as determined by 
                the Secretary.
    (c) Recommendations.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the advisory committee shall develop and 
        submit to the Secretary recommendations regarding--
                    (A) the establishment and membership of appropriate 
                expert and representative commissions to efficiently 
                implement and administer the plan;
                    (B) disease- and species-specific best management 
                practices relating to activities carried out under the 
                plan; and
                    (C) the establishment and administration of the 
                indemnification fund under subsection (e).
            (2) Factors for consideration.--In developing 
        recommendations under paragraph (1), the advisory committee 
        shall take into consideration all emergency aquaculture-related 
        projects that have been or are being carried out under the plan 
        as of the date of submission of the recommendations.
    (d) Participation by State and Tribal Governments and Private 
Sector.--
            (1) In general.--Any State or tribal government, and any 
        entity in the private sector, may elect to participate in the 
        plan.
            (2) Duties.--On election by a State or tribal government or 
        entity in the private sector to participate in the plan under 
        paragraph (1), the State or tribal government or entity shall--
                    (A) submit to the Secretary--
                            (i) a notification of the election; and
                            (ii) nominations for members of the 
                        advisory committee, as appropriate; and
                    (B) as a condition of participation, enter into an 
                agreement with the Secretary under which the State or 
                tribal government or entity--
                            (i) assumes responsibility for a portion of 
                        the non-Federal share of the costs of carrying 
                        out the plan, as described in paragraph (3); 
                        and
                            (ii) agrees to act in accordance with 
                        applicable disease- and species-specific best 
                        management practices relating to activities 
                        carried out under the plan by the State or 
                        tribal government or entity, as the Secretary 
                        determines to be appropriate.
            (3) Non-federal share.--
                    (A) In general.--Subject to subparagraph (B), the 
                non-Federal share of the cost of carrying out the 
                plan--
                            (i) shall be determined--
                                    (I) by the Secretary, in 
                                consultation with the advisory 
                                committee; and
                                    (II) on a case-by-case basis for 
                                each project carried out under the 
                                plan; and
                            (ii) may be provided by State and tribal 
                        governments and entities in the private sector 
                        in cash or in-kind.
                    (B) Deposits into indemnification fund.--The non-
                Federal share of amounts in the indemnification fund 
                under subsection (e) provided by each State or tribal 
                government or entity in the private sector shall be--
                            (i) zero with respect to the initial 
                        deposit into the fund; and
                            (ii) determined on a case-by-case basis for 
                        each project carried out under the plan.
    (e) Indemnification Fund.--
            (1) Establishment.--The Secretary, in consultation with the 
        advisory committee, shall establish a fund, to be known as the 
        ``indemnification fund'', consisting of--
                    (A) such amounts as are initially deposited into 
                the fund by the Secretary under subsection (g)(1); and
                    (B) such amounts as are deposited into the fund by 
                the Secretary, State and tribal governments, and 
                entities in the private sector for specific activities 
                under the plan.
            (2) Uses.--The Secretary shall use amounts in the 
        indemnification fund only to compensate aquatic farmers--
                    (A) the entire inventory of livestock or 
                agricultural products of which is eradicated as a 
                result of a disease control or eradication measure 
                carried out under the plan; or
                    (B) for the cost of disinfecting and cleaning 
                products or equipment in response to a depopulation 
                order carried out under the plan.
            (3) Unused amounts.--Amounts remaining in the 
        indemnification fund on September 30 of the fiscal year for 
        which the amounts were appropriated--
                    (A) shall remain in the fund;
                    (B) may be used in any subsequent fiscal year in 
                accordance with paragraph (2); and
                    (C) shall not be reprogrammed by the Secretary for 
                any other use.
    (f) Review.--Not later than 2 years after the date of enactment of 
this Act, the Secretary, in consultation with the advisory committee, 
shall review, and submit to Congress a report regarding--
            (1) activities carried out under the plan during the 
        preceding 2 years;
            (2) activities carried out by the advisory committee; and
            (3) recommendations for funding for subsequent fiscal years 
        to carry out this section.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000 for each of fiscal 
years 2008 and 2009, of which--
            (1) not less than 50 percent shall be deposited into the 
        indemnification fund established under subsection (e) for use 
        in accordance with that subsection; and
            (2) not more than 50 percent shall be used for the costs of 
        carrying out the plan, including the costs of--
                    (A) administration of the plan;
                    (B) implementation of the plan;
                    (C) training and laboratory testing;
                    (D) cleaning and disinfection associated with 
                depopulation orders; and
                    (E) public education and outreach activities.
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