[Congressional Record Volume 150, Number 13 (Thursday, February 5, 2004)]
[Senate]
[Pages S650-S651]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. CANTWELL:
  S. 2051. A bill to promote food safety and to protect the animal feed 
supply from bovine spongiform encephalopathy; to the Committee on 
Agriculture, Nutrition, and Forestry.
  Ms. CANTWELL. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2051

       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 ``Animal Feed Protection Act 
     of 2004''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) BSE.--The term ``BSE'' means bovine spongiform 
     encephalopathy.
       (2) Covered article.--
       (A) In general.--The term ``covered article'' means--
       (i) feed for an animal;
       (ii) a nutritional supplement for an animal;
       (iii) medicine for an animal; and
       (iv) any other article of a kind that is ordinarily 
     ingested, implanted, or otherwise taken into an animal.
       (B) Exclusions.--The term ``covered article'' does not 
     include--
       (i) an unprocessed agricultural commodity that is readily 
     identifiable as nonanimal in origin, such as a vegetable, 
     grain, or nut;
       (ii) an article described in subparagraph (A) that, based 
     on compelling scientific evidence, the Secretary determines 
     does not pose a risk of transmitting prion disease; or
       (iii) an article regulated by the Secretary that, as 
     determined by the Secretary--

       (I) poses a minimal risk of carrying prion disease; and
       (II) is necessary to protect animal health or public 
     health.

       (3) Specified risk material.--
       (A) In general.--The term ``specified risk material'' 
     means--
       (i) the skull, brain, trigeminal ganglia, eyes, tonsils, 
     spinal cord, vertebral column, or dorsal root ganglia of--

       (I) cattle and bison 30 months of age and older; or
       (II) sheep, goats, deer, and elk 12 months of age and 
     older;

       (ii) the intestinal tract of a ruminant of any age; and
       (iii) any other material of a ruminant that may carry a 
     prion disease, as determined by the Secretary, based on 
     scientifically credible research.
       (B) Modification.--The Secretary shall conduct an annual 
     review of scientific research and may modify the definition 
     of specified risk material based on scientifically credible 
     research (including the conduct of ante-mortem and post-
     mortem tests certified by the Secretary of Agriculture).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

     SEC. 3. PROTECTION OF ANIMAL FEED AND PUBLIC HEALTH.

       It shall be unlawful for any person to introduce into 
     interstate or foreign commerce a covered article if the 
     covered article contains--
       (1)(A) specified risk material from a ruminant; or
       (B) any material from a ruminant that--
       (i) was in any foreign country at a time at which there was 
     a risk of transmission of BSE in the country, as determined 
     by the Secretary of Agriculture; and
       (ii) may contain specified risk material from a ruminant; 
     or
       (2) any material from a ruminant exhibiting signs of a 
     neurological disease.

     SEC. 4. ENFORCEMENT.

       (a) Cooperation.--The Secretary and the heads of other 
     Federal agencies, as appropriate, shall cooperate with the 
     Attorney General in enforcing this Act.
       (b) Due Process.--Any person subject to enforcement action 
     under this section shall have the opportunity for an informal 
     hearing on the enforcement action as soon as practicable 
     after, but not later than 10 days after, the enforcement 
     action is taken.
       (c) Remedies.--In addition to any remedies available under 
     other provisions of law, the head of a Federal agency may 
     enforce this Act by--
       (1) seizing and destroying an article that is introduced 
     into interstate or foreign commerce in violation of this Act; 
     or
       (2) issuing an order requiring any person that introduces 
     an article into interstate or foreign commerce in violation 
     of this Act--
       (A) to cease the violation;
       (B)(i) to recall any article that is sold; and
       (ii) to refund the purchase price to the purchaser;
       (C) to destroy the article or forfeit the article to the 
     United States for destruction; or
       (D) to cease operations at the facility at which the 
     article is produced until the head of the appropriate Federal 
     agency determines that the operations are no longer in 
     violation of this Act.
       (d) Civil and Monetary Penalties.--The Secretary is 
     directed to promulgate regulations on the appropriate level 
     of civil and monetary penalties necessary to carry out the 
     provisions of this Act, within 180 days following enactment 
     of this Act.

     SEC. 5. TRAINING STANDARDS.

       The Secretary, in consultation with the Secretary of 
     Agriculture, shall issue training standards to industry for 
     the removal of specified risk materials.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $5,000,000 to carry 
     out this Act.

     SEC. 7. EFFECTIVE DATE.

       This Act takes effect on the date that is 180 days after 
     the date of enactment of this Act.
                                 ______
                                 
      By Mrs. HUTCHISON:
  S. 2052. A bill to amend the National Trails System Act to designate 
El Camino Real de Los Tejas as a National Historic Trail; to the 
Committee on Energy and Natural Resources.
  Mrs. HUTCHISON. Mr. President, I rise today to introduce legislation 
to recognize the oldest highway in Texas and establish the El Camino 
Real de Los Tejas National Historic Trail.
  This bill will preserve a vital piece of Texas history for 
generations to come. The El Camino Real trail established a key 
corridor for settlers, immigrants and militaries helping lay the 
groundwork for our state's future. It also served as a path for such 
Texas heroes as Davy Crockett and Sam Houston who both fought in the 
struggle for Texas independence from Mexico.
  The 300-year-old corridor also served as a critical trade route, a 
post road, cattle trail and a military highway. The trail opened 
America to Texas and Texas to the world. Still today the trail 
collectively represents a series of roads and paths extending more than 
2,500 miles in length from the Rio Grande River near Eagle Pass and 
Laredo through San Antonio, Bastrop, and Nacogdoches, Texas to 
Natchitoches, Louisiana. While 2,500 miles of the trail are in 40 Texas 
counties, the last 80 miles are in Louisiana.
  The El Camino Real served as a strategic corridor during Texas' 
struggle for independence. Critical supplies made their way via the El 
Camino Real for the Republic of Texas Army as they victoriously forged 
ahead to defeat the Mexican Army in the Texas Revolution.

[[Page S651]]

  This legislation will recognize the significance of the El Camino 
Real and preserve its historic importance, as well as direct the 
National Park Service to establish the El Camino Real trail as a 
National Historic Trail. It will also allow our state agencies such as 
the Texas Historical Commission to participate in the establishment and 
designation of the trail, while protecting the private property of 
landowners along its route. This legislation will allow Texans and the 
thousands who visit our state each year to learn more of the rich 
history that forged the Lone Star State.
  I am proud to offer this legislation to pay homage to an important 
piece of Texas and U.S. History, and I urge my colleagues to support 
the El Camino Real de Los Tejas National Historic Trail Act.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2052

       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 ``El Camino Real de los Tejas 
     National Historic Trail Act of 2004''.

     SEC. 2. AUTHORIZATION AND ADMINISTRATION.

       Section 5(a) of the National Trails System Act (16 U.S.C. 
     1244(a)) is amended by adding at the end the following:
       ``(23) El camino real de los tejas.--
       ``(A) In general.--Subject to subparagraph (B), El Camino 
     Real de los Tejas (The Royal Road of historic Tejas) National 
     Historic Trail, a combination of historic routes totaling 
     2,580 miles in length from the Rio Grande near Eagle Pass and 
     Laredo, Texas, to Natchitoches, Louisiana, and including the 
     Old San Antonio Road, as generally depicted on the maps 
     entitled `El Camino Real de los Tejas', contained in the 
     report prepared pursuant to subsection (b) entitled `National 
     Historic Trail Feasibility Study and Environmental 
     Assessment: El Camino Real de los Tejas, Texas-Louisiana', 
     dated July 1998. The National Park Service is authorized to 
     administer designated portions of this trail system as a 
     national historic trail as set forth in this paragraph.
       ``(B) Establishment.--
       ``(i) Publicly owned lands.--Congress authorizes the 
     establishment of El Camino Real de los Tejas national 
     historic trail and the respective administration on those 
     portions of the historic trail routes and related historic 
     sites within publicly owned lands when such trail related 
     resources meet the purposes of this Act or certification 
     criteria set by the Secretary of the Interior per section 
     3(a)(3) of this Act.
       ``(ii) Privately owned lands.--Congress authorizes the 
     establishment of El Camino Real de los Tejas national 
     historic trail and the respective administration on those 
     portions of the historic trail routes and related historic 
     sites within privately owned lands only through the voluntary 
     and expressed consent of the owner and when such trails and 
     sites qualify for certification as officially established 
     components of the national historic trail. The owner's 
     approval of a certification agreement satisfies the consent 
     requirement. Certification agreements are not legally binding 
     and may be terminated at any time. Should land ownership 
     change at a certified site, the certification will cease to 
     be valid unless the new owner consents to a new agreement.
       ``(C) Private property rights protection.--Nothing in this 
     Act or in the establishment of any portion of the national 
     historic trail authorizes any person to enter private 
     property without the consent of the owner. Nothing in this 
     Act or in the establishment of any portion of the national 
     historic trail will authorize the Federal Government to 
     restrict private property owner's use or enjoyment of their 
     property subject to other laws or regulations. Authorization 
     of El Camino Real de los Tejas National Historic Trail under 
     this Act does not itself confer any additional authority to 
     apply other Federal laws and regulations on non-Federal lands 
     along the trail. Laws or regulations requiring public 
     entities and agencies to take into consideration a national 
     historic trail shall continue to apply notwithstanding the 
     foregoing. Notwithstanding section 7(g) of this Act, the 
     United States is authorized to acquire privately owned real 
     property or an interest in such property for purposes of the 
     national historic trail only with the consent of the owner of 
     such property and shall have no authority to condemn or 
     otherwise appropriate privately owned real property or an 
     interest in such property for the purposes of El Camino Real 
     de los Tejas National Historic Trail.
       ``(D) Coordination of activities.--The Secretary of the 
     Interior may coordinate with United States and Mexican public 
     and nongovernmental organizations, academic institutions, 
     and, in consultation with the Secretary of State, the 
     Government of Mexico and its political subdivisions, for the 
     purpose of exchanging trail information and research, 
     fostering trail preservation and educational programs, 
     providing technical assistance, and working to establish an 
     international historic trail with complementary preservation 
     and education programs in each nation.
       ``(E) Consultation.--The Secretary of the Interior shall 
     consult with appropriate State agencies in the the planning, 
     development, and maintenance of El Camino Real de los Tejas 
     National Historic Trail.''.

                          ____________________