II 

112TH CONGRESS 

1ST SESSION S. 357 

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, and Mr. BINGAMAN) introduced the following bill; which was read twice and referred to 

the Committee on Environment and Public Works 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wildlife Disease Emer5 gency Act of 2011’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


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1 (1) to authorize the Secretary of the Interior to 

2 identify and declare wildlife disease emergencies; 

3 (2) to establish a fund through which the Sec4 retary may coordinate rapid response to those emer5 gencies; and 

6 (3) to prepare for, identify, and address dis7 eases adversely affecting wildlife populations and 

8 biodiversity through strategic and coordinated ac9 tions among Federal, State, and local agencies, In10 dian tribes, and nongovernmental organizations. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) COMMITTEE.—The term ‘‘Committee’’ 

14 means the Wildlife Disease Committee established 

15 under section 6(a). 

16 (2) DISEASE.—The term ‘‘disease’’ means an 

17 infectious or noninfectious, pathological condition 

18 that— 

19 (A) occurs in a susceptible population of 

20 wildlife; and 

21 (B) is not zoonotic. 

22 (3) FUND.—The term ‘‘Fund’’ means the Wild23 life Disease Emergency Fund established by section 

24 5. 


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1 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

2 has the meaning given the term in section 4 of the 

3 Indian Self-Determination and Education Assistance 

4 Act (25 U.S.C. 450b). 

5 (5) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Interior. 

7 (6) STATE.—The term ‘‘State’’ means— 

8 (A) each of the several States of the 

9 United States; 

10 (B) the District of Columbia; 

11 (C) the Commonwealth of Puerto Rico; 

12 and 

13 (D) any other territory or possession of the 

14 United States. 

15 (7) UNITED STATES.—The term ‘‘United 

16 States’’ includes— 

17 (A) each of the several States of the 

18 United States; 

19 (B) the District of Columbia; 

20 (C) the Commonwealth of Puerto Rico; 

21 and 

22 (D) any other territory or possession of the 

23 United States. 

24 (8) WILDLIFE.—The term ‘‘wildlife’’ means any 

25 species native to the United States, including nonVerDate Mar 15 2010 05:06 Feb 16, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S357.IS S357

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1 domesticated mammals, fish, birds, amphibians, rep2 tiles, mollusks, and arthropods. 

3 (9) WILDLIFE DISEASE EMERGENCY.—The 

4 term ‘‘wildlife disease emergency’’ means a disease 

5 that— 

6 (A) is infectious and caused by— 

7 (i) a newly discovered pathogen; or 

8 (ii) a known infectious disease that is 

9 expanding in geographic range, species im10 pacted, or other recognized impacts; 

11 (B) poses significant threats to the sus12 tainability of a wildlife species; 

13 (C) is spreading rapidly; or 

14 (D) poses a significant threat to the health 

15 of a functioning ecosystem in a priority land16 scape identified in— 

17 (i) the national fish and wildlife cli18 mate change adaptation plan entitled ‘‘Ris19 ing to the Urgent Challenge: Strategic 

20 Plan for Responding to Accelerating Cli21 mate Change’’ and dated September 2010; 

22 or 

23 (ii) a similar Federal, State, local, or 

24 tribal law, regulation, or conservation plan. 


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1 SEC. 4. DECLARATION OF WILDLIFE DISEASE EMERGENCY. 

2 (a) IN GENERAL.—The Secretary, in consultation 

3 with the Governor of a potentially affected State, may de4 clare within that State a wildlife disease emergency for 

5 a disease that affects wildlife— 

6 (1) within the United States; or 

7 (2) outside the United States, but has the po8 tential, as determined by the Secretary, to enter the 

9 United States. 

10 (b) CONSIDERATIONS.—In making a declaration 

11 under subsection (a), the Secretary shall consider— 

12 (1) the level of threat the disease poses to af13 fected wildlife populations, based on— 

14 (A) the relative threat to population levels; 

15 (B) the relative strength of the contagion 

16 and spread of the disease; 

17 (C) the observed rate of morbidity or mor18 tality of the disease; and 

19 (D) the priority of affected species, eco20 systems, or habitats, including— 

21 (i) species under— 

22 (I) the Endangered Species Act 

23 of 1973 (16 U.S.C. 1531 et seq.); 

24 (II) the Migratory Bird Treaty 

25 Act (16 U.S.C. 703 et seq.); 


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1 (III) the Marine Mammal Protec2 tion Act of 1972 (16 U.S.C. 1361 et 

3 seq.); or 

4 (IV) any other applicable Federal 

5 law (including regulations); 

6 (ii) species and habitats identified as 

7 priorities in— 

8 (I) the national fish and wildlife 

9 climate change adaptation plan enti10 tled ‘‘Rising to the Urgent Challenge: 

11 Strategic Plan for Responding to Ac12 celerating Climate Change’’ and dated 

13 September 2010; or 

14 (II) a similar Federal, State, 

15 local, or tribal law, regulation, or con16 servation plan; and 

17 (iii) wildlife located on Federal land; 

18 (2) the sufficiency of resources available in the 

19 Fund; 

20 (3) the ability of the Department of the Interior 

21 and other Federal, State, and local agencies, tribal 

22 governments, and other stakeholders to address and 

23 coordinate response to the disease through other 

24 means; and 


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1 (4) the request of any State Governor to make 

2 such a declaration. 

3 (c) RESPONSE COORDINATION.—Upon a declaration 

4 of a wildlife disease emergency by the Secretary, the Sec5 retary shall lead a coordinated response to the emergency 

6 that shall include, to the maximum extent practicable, ap7 propriate Federal, State, and local agencies, Indian tribes, 

8 nongovernmental organizations, or other stakeholders. 

9 (d) GRANT PROGRAM.—The Secretary may develop 

10 and implement a grant program to provide grants to State 

11 wildlife agencies and Indian tribes to coordinate the re12 sponse to and address declared wildlife disease emer13 gencies. 

14 SEC. 5. WILDLIFE DISEASE EMERGENCY FUND. 

15 (a) ESTABLISHMENT OF FUND.—There is estab16 lished in the Treasury of the United States a fund to be 

17 known as the ‘‘Wildlife Disease Emergency Fund’’, to be 

18 administered by the Secretary, to be available without fis19 cal year limitation, and subject to appropriation, to carry 

20 out this Act. 

21 (b) TRANSFERS TO FUND.—The Fund shall consist 

22 of— 

23 (1) such amounts as are appropriated to the 

24 Fund; and 


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1 (2) such amounts as are received by the Sec2 retary as donations, gifts, or contributions for the 

3 purpose of addressing wildlife disease emergencies. 

4 (c) PROHIBITION.—Amounts in the Fund may not be 

5 made available for any purpose other than to respond to 

6 a wildlife disease emergency declared under section 4. 

7 (d) ANNUAL REPORTS.— 

8 (1) IN GENERAL.—Not later than 60 days after 

9 the end of each fiscal year beginning with fiscal year 

10 2011, the Secretary shall submit to the Committee 

11 on Appropriations of the House of Representatives, 

12 the Committee on Appropriations of the Senate, the 

13 Committee on Environment and Public Works of the 

14 Senate, and the Committee on Natural Resources of 

15 the House of Representatives a report on the oper16 ation of the Fund during the fiscal year. 

17 (2) CONTENTS.—Each report shall include, for 

18 the fiscal year covered by the report, the following: 

19 (A) A statement of the amounts deposited 

20 into the Fund. 

21 (B) A description of the expenditures made 

22 from the Fund for the fiscal year, including the 

23 purpose of the expenditures. 

24 (C) Recommendations for additional au25 thorities to fulfill the purpose of the Fund. 


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1 (D) A statement of the balance remaining 

2 in the Fund at the end of the fiscal year. 

3 (e) SEPARATE APPROPRIATIONS ACCOUNT.—Section 

4 1105(a) of title 31, United States Code, is amended by 

5 adding at the end the following: 

6 ‘‘(39) a separate statement for the Wildlife Dis7 ease Emergency Fund established under section 5 of 

8 the Wildlife Disease Emergency Act of 2011, which 

9 shall include the estimated amount of deposits into 

10 the Fund, obligations, and outlays from the Fund.’’. 

11 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to carry out this section 

13 such sums as are necessary. 

14 SEC. 6. WILDLIFE DISEASE COMMITTEE. 

15 (a) ESTABLISHMENT.—The Secretary may establish 

16 a Wildlife Disease Committee to assist the Secretary in 

17 increasing the level of preparedness of the United States 

18 to address emerging wildlife diseases. 

19 (b) DUTIES.—The Committee shall— 

20 (1) advise the Secretary on risk assessment, 

21 preparation, monitoring, research, and response to 

22 wildlife diseases that may significantly impact the 

23 health and sustainability of wildlife populations; and 

24 (2) as appropriate, draft reports, recommenda25 tions, plans, or other documents relating to risk asVerDate Mar 15 2010 05:06 Feb 16, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S357.IS S357

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1 sessment, preparation, monitoring, research, and re2 sponse to wildlife diseases that may significantly im3 pact the health and sustainability of wildlife popu4 lations. 

5 (c) MEMBERSHIP.— 

6 (1) IN GENERAL.—Subject to paragraph (2), 

7 members of the Committee shall be appointed by the 

8 Secretary from among individuals who are qualified 

9 by education, training, or experience in topics such 

10 as wildlife health, biology, ecology, wildlife conserva11 tion, and natural resource management. 

12 (2) INCLUSIONS.—The Committee shall in13 clude— 

14 (A) qualified individuals who are employed 

15 by Federal and State agencies and tribal enti16 ties; and 

17 (B) qualified individuals who represent 

18 public and private organizations. 

19 (d) COMMITTEE CHAIR.—The Secretary, or a des20 ignee of the Secretary, shall be the Chair of the Com21 mittee. 

22 (e) STAFFING AND ASSISTANCE.—The Secretary 

23 shall make available to the Committee any staff, informa24 tion, administrative services, or assistance the Secretary 


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1 determines is reasonably required to enable the Committee 

2 to carry out the functions of the Committee. 

3 (f) RENEWAL.—Notwithstanding section 14 of the 

4 Federal Advisory Committee Act (5 U.S.C. App.), the Sec5 retary may renew the Committee for any period of time 

6 that the Secretary determines to be appropriate. 

7 SEC. 7. RAPID RESPONSE TEAMS. 

8 The Secretary may convene rapid response teams to 

9 address any wildlife disease emergency. 

10 SEC. 8. ADMINISTRATION. 

11 Nothing in this Act— 

12 (1) limits the authority of the Secretary to re13 spond to wildlife disease events that are not declared 

14 wildlife disease emergencies under this Act; or 

15 (2) limits, repeals, supersedes, or modifies any 

16 provision of Federal, State, local, or tribal law (in17 cluding regulations). 

Æ 


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