[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 357 Reported in Senate (RS)]

                                                       Calendar No. 515
112th CONGRESS
  2d Session
                                 S. 357

                          [Report No. 112-214]

  To authorize the Secretary of the Interior to identify and declare 
wildlife disease emergencies and to coordinate rapid response to those 
                  emergencies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2011

Mr. Lautenberg (for himself, Mr. Leahy, Mr. Sanders, Mr. Bingaman, Mr. 
Menendez, and Mr. Cardin) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

                           September 19, 2012

                Reported by Mrs. Boxer, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
  To authorize the Secretary of the Interior to identify and declare 
wildlife disease emergencies and to coordinate rapid response to those 
                  emergencies, 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 ``Wildlife Disease Emergency Act of 
2011''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to authorize the Secretary of the Interior to identify 
        and declare wildlife disease emergencies;
            (2) to establish a fund through which the Secretary may 
        coordinate rapid response to those emergencies; and
            (3) to prepare for, identify, and address diseases 
        adversely affecting wildlife populations and biodiversity 
        through strategic and coordinated actions among Federal, State, 
        and local agencies, Indian tribes, and nongovernmental 
        organizations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Committee.--The term ``Committee'' means the Wildlife 
        Disease Committee established under section 6(a).
            (2) Disease.--The term ``disease'' means an infectious or 
        noninfectious, pathological condition that--
                    (A) occurs in a susceptible population of wildlife; 
                and
                    (B) is not zoonotic.
            (3) Fund.--The term ``Fund'' means the Wildlife Disease 
        Emergency Fund established by section 5.
            (4) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means--
                    (A) each of the several States of the United 
                States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.
            (7) United states.--The term ``United States'' includes--
                    (A) each of the several States of the United 
                States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.
            (8) Wildlife.--The term ``wildlife'' means any species 
        native to the United States, including nondomesticated mammals, 
        fish, birds, amphibians, reptiles, mollusks, and arthropods.
            (9) Wildlife disease emergency.--The term ``wildlife 
        disease emergency'' means a disease that--
                    (A) is infectious and caused by--
                            (i) a newly discovered pathogen; or
                            (ii) a known infectious disease that is 
                        expanding in geographic range, species 
                        impacted, or other recognized impacts;
                    (B) poses significant threats to the sustainability 
                of a wildlife species;
                    (C) is spreading rapidly; or
                    (D) poses a significant threat to the health of a 
                functioning ecosystem in a priority land <DELETED>scape 
                identified in--
                        <DELETED>    (i) the national fish and wildlife 
                        climate change adaptation plan entitled 
                        ``Rising to the Urgent Challenge: Strategic 
                        Plan for Responding to Accelerating Climate 
                        Change'' and dated September 2010; or</DELETED>
                            (ii)</DELETED> a similar Federal, State, 
                        local, or tribal law, regulation, or 
                        conservation plan.</DELETED> scape identified 
                        in a Federal, State, local, or tribal law, 
                        regulation, or conservation plan. 

SEC. 4. DECLARATION OF WILDLIFE DISEASE EMERGENCY.

    (a) In General.--The Secretary, in consultation with the Governor 
of a potentially affected State, may declare within that State a 
wildlife disease emergency for a disease that affects wildlife--
            (1) within the United States; or
            (2) outside the United States, but has the potential, as 
        determined by the Secretary, to enter the United States.
    (b) Considerations.--In making a declaration under subsection (a), 
the Secretary shall consider--
            (1) the level of threat the disease poses to affected 
        wildlife populations, based on--
                    (A) the relative threat to population levels;
                    (B) the relative strength of the contagion and 
                spread of the disease;
                    (C) the observed rate of morbidity or mortality of 
                the disease; and
                    (D) the priority of affected species, ecosystems, 
                or habitats, including--
                        <DELETED>    (i) species under--</DELETED>
                                <DELETED>    (I) the Endangered Species 
                                Act of 1973 (16 U.S.C. 1531 et 
                                seq.);</DELETED>
                                <DELETED>    (II) the Migratory Bird 
                                Treaty Act (16 U.S.C. 703 et 
                                seq.);</DELETED>
                                <DELETED>    (III) the Marine Mammal 
                                Protection Act of 1972 (16 U.S.C. 1361 
                                et seq.); or</DELETED>
                                <DELETED>    (IV) any other applicable 
                                Federal law (including 
                                regulations);</DELETED>
                        <DELETED>    (ii) species and habitats 
                        identified as priorities in--</DELETED>
                                <DELETED>    (I) the national fish and 
                                wildlife climate change adaptation plan 
                                entitled ``Rising to the Urgent 
                                Challenge: Strategic Plan for 
                                Responding to Accelerating Climate 
                                Change'' and dated September 2010; 
                                or</DELETED>
                                <DELETED>    (II) a similar Federal, 
                                State, local, or tribal law, 
                                regulation, or conservation plan; 
                                and</DELETED>
                        <DELETED>    (iii) wildlife located on Federal 
                        land;</DELETED>
                            (i) species and habitats identified as 
                        priorities in a Federal, State, local, or 
                        tribal law, regulation, or conservation plan; 
                        and
                            (ii) wildlife located on Federal land;
            (2) the sufficiency of resources available in the Fund;
            (3) the ability of the Department of the Interior and other 
        Federal, State, and local agencies, tribal governments, and 
        other stakeholders to address and coordinate response to the 
        disease through other means; and
            (4) the request of any State Governor to make such a 
        declaration.
    (c) Response Coordination.--Upon a declaration of a wildlife 
disease emergency by the Secretary, the Secretary shall lead a 
coordinated response to the emergency that shall include, to the 
maximum extent practicable, appropriate Federal, State, and local 
agencies, Indian tribes, nongovernmental organizations, or other 
stakeholders.
    (d) Grant Program.--The Secretary may develop and implement a grant 
program to provide grants to State wildlife agencies and Indian tribes 
to coordinate the response to and address declared wildlife disease 
emergencies.

SEC. 5. WILDLIFE DISEASE EMERGENCY FUND.

    (a) Establishment of Fund.--There is established in the Treasury of 
the United States a fund to be known as the ``Wildlife Disease 
Emergency Fund'', to be administered by the Secretary, to be available 
without fiscal year limitation, and subject to appropriation, to carry 
out this Act.
    (b) Transfers to Fund.--The Fund shall consist of--
            (1) such amounts as are appropriated to the Fund; and
            (2) such amounts as are received by the Secretary as 
        donations, gifts, or contributions for the purpose of 
        addressing wildlife disease emergencies.
    (c) Prohibition.--Amounts in the Fund may not be made available for 
any purpose other than to respond to a wildlife disease emergency 
declared under section 4.
    (d) Annual Reports.--
            (1) In general.--Not later than 60 days after the end of 
        each fiscal year beginning with fiscal year 2011, the Secretary 
        shall submit to the Committee on Appropriations of the House of 
        Representatives, the Committee on Appropriations of the Senate, 
        the Committee on Environment and Public Works of the Senate, 
        and the Committee on Natural Resources of the House of 
        Representatives a report on the operation of the Fund during 
        the fiscal year.
            (2) Contents.--Each report shall include, for the fiscal 
        year covered by the report, the following:
                    (A) A statement of the amounts deposited into the 
                Fund.
                    (B) A description of the expenditures made from the 
                Fund for the fiscal year, including the purpose of the 
                expenditures.
                    (C) Recommendations for additional authorities to 
                fulfill the purpose of the Fund.
                    (D) A statement of the balance remaining in the 
                Fund at the end of the fiscal year.
    (e) Separate Appropriations Account.--Section 1105(a) of title 31, 
United States Code, is amended by adding at the end the following:
            ``(39) a separate statement for the Wildlife Disease 
        Emergency Fund established under section 5 of the Wildlife 
        Disease Emergency Act of 2011, which shall include the 
        estimated amount of deposits into the Fund, obligations, and 
        outlays from the Fund.''.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary.

SEC. 6. WILDLIFE DISEASE COMMITTEE.

    (a) Establishment.--The Secretary may establish a Wildlife Disease 
Committee to assist the Secretary in increasing the level of 
preparedness of the United States to address emerging wildlife 
diseases.
    (b) Duties.--The Committee shall--
            (1) advise the Secretary on risk assessment, preparation, 
        monitoring, research, and response to wildlife diseases that 
        may significantly impact the health and sustainability of 
        wildlife populations; and
            (2) as appropriate, draft reports, recommendations, plans, 
        or other documents relating to risk assessment, preparation, 
        monitoring, research, and response to wildlife diseases that 
        may significantly impact the health and sustainability of 
        wildlife populations.
    (c) Membership.--
            (1) In general.--Subject to paragraph (2), members of the 
        Committee shall be appointed by the Secretary from among 
        individuals who are qualified by education, training, or 
        experience in topics such as wildlife health, biology, ecology, 
        wildlife conservation, and natural resource management.
            (2) Inclusions.--The Committee shall include--
                    (A) qualified individuals who are employed 
                <DELETED>by Federal and State agencies and tribal 
                entities; and
                </DELETED>    (B)</DELETED> qualified individuals who 
                represent
                </DELETED>by Federal agencies;
                    (B) at least 8 qualified individuals who are 
                employed by a State fish and wildlife agency, each of 
                whom shall be employed in a different 1 of the 8 
                regions of the United States Fish and Wildlife Service;
                    (C) qualified individuals employed by other State 
                agencies and tribal entities; and
                    (D) qualified individuals who represent public and 
                private organizations.
    (d) Committee Chair.--The Secretary, or a designee of the 
Secretary, shall be the Chair of the Committee.
    (e) Staffing and Assistance.--The Secretary shall make available to 
the Committee any staff, information, administrative services, or 
assistance the Secretary determines is reasonably required to enable 
the Committee to carry out the functions of the Committee.
    (f) Renewal.--Notwithstanding section 14 of the Federal Advisory 
Committee Act (5 U.S.C. App.), the Secretary may renew the Committee 
for any period of time that the Secretary determines to be appropriate.

SEC. 7. RAPID RESPONSE TEAMS.

    The Secretary may convene rapid response teams to address any 
wildlife disease emergency.

SEC. 8. ADMINISTRATION.

    Nothing in this Act--
            (1) limits the authority of the Secretary to respond to 
        wildlife disease events that are not declared <DELETED>wildlife 
        disease emergencies under this Act; or
        </DELETED>    (2)</DELETED> limits, repeals, supersedes, or 
        modifies any
        </DELETED>wildlife disease emergencies under this Act;
            (2) affects the authority, jurisdiction, or responsibility 
        of the States to manage, control, or regulate fish and resident 
        wildlife under any State law (including regulations);
            (3) grants authority to any public agency to acquire 
        private property or conservation easements or otherwise 
        infringe any use of private property; or
            (4) limits, repeals, supersedes, or modifies any provision 
        of Federal, State, local, or tribal law (including 
        regulations).
                                                       Calendar No. 515

112th CONGRESS

  2d Session

                                 S. 357

                          [Report No. 112-214]

_______________________________________________________________________

                                 A BILL

  To authorize the Secretary of the Interior to identify and declare 
wildlife disease emergencies and to coordinate rapid response to those 
                  emergencies, and for other purposes.

_______________________________________________________________________

                           September 19, 2012

                        Reported with amendments