Sec. 4. Administration of act.
Sec. 5. Emergency cervidae tuberculosis protection.–
Sec. 6. Insurance premiums.
Sec. 7. Deposit and investment of premiums received.
Sec. 8. Enforcement.
Sec. 9. Regulations.
Sec. 10. Authority to borrow funds from the Commodity Credit Corporation.
Sec. 11. Emergency limitations on the movement of cervidae in interstate com-
merce.
Sec. 12. Separability of provisions.
Sec. 13. Termination.
SEC. 2. PURPOSE AND FINDING.
It is the purpose of this Act to provide for a voluntary
national cervidae tuberculosis insurance program. Con-
gress hereby finds that the commercial raising of cervidae
in the United States either involves interstate commerce
or affects interstate commerce.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) CERVIDAE.—The term ‘‘cervidae’’ means
any member of the family of animals possessing ant-
lers that are shed annually, such as an elk, a deer,
and a reindeer, except that such term shall include
the antlerless water deer.
(2) COMMERCE.—The term ‘‘commerce’’ means
transport—
(A) between any State, Territory, or pos-
session, or the District of Columbia, and any
place outside thereof;
(B) between points within the same State,
Territory, or possession, or the District of Co-
lumbia, but through any place outside thereof;
or
(C) within any Territory, possession, or the
District of Columbia.
(3) DESTRUCTION.—The term ‘‘destruction’’
means the slaughter of cervidae by a method ap-
proved by the Secretary.
(4) EXPOSED.—The term ‘‘exposed’’, with re-
spect to tuberculosis, means any cervidae that is
found, in such manner as the Secretary may pre-
scribe—
(A) to be part of a herd containing one or
more infected cervidae;
(B) to have moved from such a herd before
the infection in the herd is disclosed, but after
the herd became infected; or
(C) to have been exposed to tuberculosis by
virtue of being nursed by a tuberculosis infected
dam.
(5) HERD.—The term ‘‘herd’’ means—
(A) any group of cervidae maintained in a
common area for any purpose; or
(B) two or more groups of cervidae under
common ownership that are geographically sep-
arated but that have an interchange or move-
ment of cervidae.
(6) INFECTED.—The term ‘‘infected’’, with re-
spect to tuberculosis, means any cervidae in which
tuberculosis has been determined to exist pursuant
to regulations established by the Secretary.
(7) INSURANCE PROGRAM.—The term ‘‘insur-
ance program’’ means the program of insurance es-
tablished by the Secretary under section 5.
(8) OWNER.—The term ‘‘owner’’ means any
person who has a legal or rightful title to cervidae
and is engaged in the business of buying, raising, or
selling cervidae in interstate commerce in the United
States.
(9) PERSON.—The term ‘‘person’’ includes indi-
viduals, partnerships, corporations, and other legal
entities.
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Agriculture.
(11) STATE.—The term ‘‘State’’ means each of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Virgin Is-
lands of the United States, American Samoa, and
any other territory or possession of the United
States.
(12) TUBERCULOSIS.—The term ‘‘tuberculosis’’
means the contagious, infectious, and communicable
disease caused by Mycobacterium bovis.
SEC. 4. ADMINISTRATION OF ACT.
(a) DELEGATION.—The Secretary of Agriculture
shall administer this Act through the Animal and Plant
Health Inspection Service of the Department of Agri-
culture.
(b) ADVISORY BOARD.—
(1) PURPOSE OF BOARD.—The Secretary shall
consult with the advisory board appointed pursuant
to paragraph (2) whenever the Secretary is estab-
lishing policy for the insurance program or otherwise
administering the insurance program.
(2) COMPOSITION
OF
BOARD.—The advisory
board shall consist of five members selected by the
Secretary. Three members (including at least one elk
producer and one deer producer) shall be selected by
the Secretary from a list of nine candidates pre-
sented to the Secretary by domestic cervidae produc-
ers who participate in the insurance program. These
candidates must also be cervidae producers who par-
ticipate in the insurance program. One member shall
be selected by the Secretary from among employees
of the Department of Agriculture. One member shall
be selected by the Secretary in such manner as the
Secretary may determine.
(3) TERMS.—The members of the advisory
board shall serve two-year terms; except that the
Secretary may appoint two of the members initially
appointed to the advisory board to serve a one-year
term.
(4) CHAIRPERSON.—
(A) IN GENERAL.—At the last meeting of
the advisory board for each year, the members
of the advisory board shall select one member
to serve as the chairperson of the advisory
board for the next year. The chairperson shall
serve a one year term and shall be responsible
for the establishment of procedures for the op-
eration of the advisory board.
(B) SPECIAL
RULE.—For the year in
which the advisory board is first established,
the members of the advisory board shall select
a chairperson at the first meeting of the advi-
sory board. The chairperson selected pursuant
to this subparagraph shall serve as chairperson
for the remainder of that year.
(5) TERMINATION.—The advisory board shall
terminate at the end of the 10-year period specified
in section 13.
SEC. 5. EMERGENCY CERVIDAE TUBERCULOSIS PROTEC-
TION.–
(a) INSURANCE PROGRAM AUTHORIZED.—If the Sec-
retary determines that sufficient actuarial data are avail-
able and that establishment of an insurance program is
warranted, the Secretary may establish a voluntary na-
tional insurance program to compensate participating
owners for the destruction of any cervidae found to be in-
fected with or exposed to tuberculosis, as provided in this
Act.
(b) PARTICIPATION REQUIRED FOR INDEMNITY PAY-
MENTS.—Indemnity payments shall not be provided under
this Act to any owner who does not participate in the in-
surance program. In order to participate, the owner must
agree to insure the entire herd of the owner. A herd shall
not be eligible for coverage under the insurance program
if the herd is under active investigation regarding infection
with or exposure to tuberculosis, including traceback or
quarantine for tuberculosis.
(c) EFFECTIVE
DATE
OF
COVERAGE.—Coverage
under the insurance program shall become effective upon
the payment by the owner of—