[Senate Report 112-214]
[From the U.S. Government Publishing Office]
Calendar No. 515
112th Congress Report
SENATE
2d Session 112-214
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WILDLIFE DISEASE EMERGENCY ACT OF 2011
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September 19, 2012.--Ordered to be printed
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Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 357]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (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, having considered the same, reports favorably
thereon and recommends that the bill, as amended, do pass.
General Statement and Background
Wildlife diseases present a threat to threatened and
endangered species in the United States. One particularly
devastating disease is white-nose syndrome (WNS), which affects
hibernating bats and has spread rapidly across the U.S. in
recent years. WNS has killed more than 5.5 million bats in the
Northeast and Canada. Eleven species of cave-hibernating bats,
including four endangered species and subspecies, are already
affected by or are potentially at risk from WNS.
The disease was first documented in New York in the winter
of 2006-2007 and has spread rapidly across the eastern United
States and Canada. It has now been detected as far west as
Oklahoma. At the end of the 2010-2011 hibernating season, WNS
had been documented in 19 states.
The Wildlife Disease Emergency Act of 2011 seeks to respond
to the threat of wildlife disease, such as WNS, by authorizing
the Secretary of the Interior to declare a wildlife disease
emergency in one or more states. The bill directs the
Secretary, upon making such a declaration, to lead a
coordinated response to the emergency. The bill also authorizes
the Secretary to implement a grant program to provide grants to
state wildlife agencies and Indian tribes to coordinate the
response to and address such declared emergencies.
S. 357 directs the Secretary to establish a Wildlife
Disease Committee to assist the Secretary in increasing the
level of preparedness needed to address emerging wildlife
diseases and authorizes the Secretary to convene rapid response
teams to address any wildlife disease emergency.
Objectives of the Legislation
The Wildlife Disease Emergency Act of 2011 (S. 357)
authorizes the Secretary of Interior to identify and declare
wildlife disease emergencies and to coordinate rapid response
to such emergencies.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that this Act may be cited as the
`Wildlife Disease Emergency Act of 2011'.
Section 2. Purposes
Section 2 describes the purposes of the legislation.
Section 3. Definitions
Section 3 provides definitions of several terms used in the
Act.
Section 4. Declaration of wildlife disease emergency
Section 4 authorizes the Secretary of the Interior
(Secretary), in consultation with the Governor of a potentially
affected State, to declare a wildlife disease emergency. This
section outlines criteria the Secretary must consider in making
a declaration.
Section 4 directs the Secretary to lead a coordinated
response upon declaring a wildlife disease emergency. This
section also authorizes the Secretary to develop and implement
a grant program to provide grants to State wildlife agencies
and Indian tribes to coordinate the response to and address a
declared wildlife disease emergency.
Section 5. Wildlife Disease Emergency Fund
Section 5 establishes in the Treasury of the United States
a Wildlife Disease Emergency Fund. The fund shall consist of
such amounts as are appropriated to the Fund and such amounts
as are received by the Secretary as donations, gifts, or
contributions for addressing wildlife disease emergencies.
Amounts in the fund may only be used to respond to a
wildlife disease emergency declared under Section 4.
This section requires the Secretary to submit annual
reports to Congress on the use of the Fund.
Section 6. Wildlife Disease Committee
Section 6 establishes a Wildlife Disease Committee to
assist the Secretary in increasing the level of preparedness of
the United States to address emerging wildlife diseases and
outlines the duties of the Committee. This section also
includes criteria for the selection of members of the Committee
by the Secretary.
Section 7. Rapid response teams
Section 7 authorizes the Secretary to convene rapid
response teams to address any wildlife disease emergency.
Section 8. Administration
Section 8 clarifies that nothing in this Act--(1) limits
the authority of the Secretary to respond to wildlife disease
events that are not declared wildlife disease emergencies; (2)
affects the authority, jurisdiction or responsibility of any
State to manage, control, or regulate fish or resident wildlife
under any State law; (3) grants authority to any public agency
to acquire private property or conservation easements or
otherwise infringes on private property rights; or (4) limits,
repeals, supersedes, or modifies any provision of Federal,
State, local, or tribal law (including regulations).
Legislative History
S. 357 was introduced by Senators Lautenberg, Leahy,
Sanders, and Bingaman on February 15, 2011. The bill was
received, read twice, and referred to the Committee on
Environment and Public Works. On July 25, 2012, the full
Committee on Environment and Public Works met to consider the
bill. The bill was ordered reported favorably, as amended, by
voice vote.
Hearings
On April 24, 2012, the Water and Wildlife Subcommittee of
the Senate Environment and Public Works Committee held a
legislative hearing on multiple bills, including S. 357.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 357 on July 25, 2012. An amendment offered by Sen.
Lautenberg was adopted by voice vote. The bill, as amended, was
ordered reported favorably by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 357
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee noted that the Congressional
Budget Office has found, ``S. 357 contains no intergovernmental
or private-sector mandates as defined in the Unfunded Mandates
Reform Act and would impose no costs on state, local, or tribal
governments.''
August 14, 2012.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: As you requested, the Congressional
Budget Office has prepared the enclosed cost estimate for S.
357, the Wildlife Disease Emergency Act of 2011.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 357--Wildlife Disease Emergency Act of 2011
S. 357 would authorize the Secretary of the Interior to
declare wildlife disease emergencies and to spend certain
appropriated funds to address the effects of those diseases.
The bill also would authorize the Secretary to establish a
committee to assist the Department of the Interior (DOI) in
preparing federal agencies to respond to such diseases.
Based on information provided by DOI, CBO expects that the
agency would apply the emergency designation established under
the bill to newly discovered diseases rather than known
diseases. Based on information regarding the historical costs
of mitigating the effects of severe outbreaks of wildlife
diseases, such as white nose syndrome (which affects bats), CBO
estimates that implementing the legislation would cost $2
million a year over the 2012-2017 period, assuming
appropriation of the necessary amounts. Enacting S. 357 would
not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.
S. 357 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
Chapter 11 of Title 31, United States Code
Sec. 1101. Definitions
In this chapter--
(1) ``agency'' includes the District of Columbia
government but does not include the legislative branch
or the Supreme Court.
(2) * * *
* * * * * * *
Sec. 1105. Budget contents and submission to Congress
(a) On or after the first Monday in January but not later
than the first Monday in February of each year, the President
shall submit a budget of the United States Government for the
following fiscal year. Each budget shall include a budget
message and summary and supporting information. The President
shall include in each budget the following:
(1) information on activities and functions of the
Government.
(2) * * *
* * * * * * *
(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
* * * * * * *