108th CONGRESS
1st Session
S. 1036
To provide for a multi-agency cooperative effort to encourage further
research regarding the causes of chronic wasting disease and methods to control
the further spread of the disease in deer and elk herds, to monitor the incidence
of the disease, to support State efforts to control the disease, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
May 9, 2003
Mr. ALLARD (for himself, Mr. FEINGOLD, Mr. KOHL, Mr. ROBERTS, Mr. CAMPBELL,
Mr. BURNS, and Mr. CRAIG) introduced the following bill; which was read twice
and referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To provide for a multi-agency cooperative effort to encourage further
research regarding the causes of chronic wasting disease and methods to control
the further spread of the disease in deer and elk herds, to monitor the incidence
of the disease, to support State efforts to control the disease, 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 `Chronic Wasting Disease Support Act of 2003'.
SEC. 2. DEFINITION OF CHRONIC WASTING DISEASE.
In this Act, the term `chronic wasting disease' means the animal disease afflicting
deer and elk that--
(1) is a transmissible disease of the nervous system resulting in distinctive
lesions in the brain; and
(2) belongs to the group of diseases known as transmissible spongiform encephalopathies,
which group includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt-Jakob
disease.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Pursuant to State and Federal law, the States retain undisputed primacy
and policymaking authority with regard to wildlife management, and nothing
in this Act interferes with or otherwise affects the primacy of the States
in managing wildlife generally, or managing, surveying, and monitoring the
incidence of chronic wasting disease.
(2) Chronic wasting disease, the fatal neurological disease found in cervids,
is a fundamental threat to the health and vibrancy of deer and elk populations,
and the increased occurrence of chronic wasting disease in regionally diverse
locations in recent months necessitates an escalation in research, surveillance,
monitoring, and management activities focused on containing, managing, and
eradicating this lethal disease.
(3) As the States move to manage existing incidence of chronic wasting disease
and insulate noninfected wild and captive cervid populations from the disease,
the Federal Government should endeavor to provide integrated and holistic
financial and technical support to these States.
(4) In its statutory role as supporting agent, relevant Federal agencies
should provide consistent, coherent, and integrated support structures and
programs for the benefit of State wildlife and agricultural administrators,
as chronic wasting disease can move freely between captive and wild cervids
across the broad array of Federal, State, and local land management jurisdictions.
(5) The Secretary of the Interior, the Secretary of Agriculture, and other
affected Federal authorities can provide consistent, coherent, and integrated
support systems under existing legal authorities.
TITLE I--DEPARTMENT OF THE INTERIOR ACTIVITIES
SEC. 101. GRANTS FOR STATE AND TRIBAL EFFORTS TO MANAGE CHRONIC WASTING
DISEASE IN WILDLIFE.
(a) Availability of Assistance- The Secretary of the Interior shall develop
a grant program to allocate funds appropriated to carry out this section directly
to the State agency responsible for wildlife management in each State that
petitions the Secretary for a portion of such fund to develop and implement
long-term management strategies to address chronic wasting disease in wildlife.
(b) Funding Priorities- In determining the amounts to be allocated to grantees
under subsection (a), priority shall be given based on the following criteria:
(1) Relative scope of incidence of chronic wasting disease in the State,
with priority given to those jurisdictions with the highest incidence of
the disease.
(2) Expenditures on chronic wasting disease management, monitoring, surveillance,
and research, with priority given to those States and tribal governments
that have shown the greatest financial commitment to managing, monitoring,
surveying, and researching chronic wasting disease.
(3) Comprehensive and integrated policies and programs focused on chronic
wasting disease management between involved State wildlife and agricultural
agencies and tribal governments, with priority given to grantees that have
integrated the programs and policies of all involved agencies related to
chronic wasting disease management.
(4) Rapid response to new outbreaks of chronic wasting disease, whether
occurring in States in which chronic wasting disease is already found or
States with first infections, with the intent of containing the disease
in any new area of infection.
(c) Authorization of Appropriations- There are authorized to be appropriated
$10,000,000 to carry out this subsection.
SEC. 102. COMPUTER MODELING OF DISEASE SPREAD IN WILD CERVID POPULATIONS.
(a) Modeling Program Required- The Secretary of the Interior shall establish
a modeling program to predict the spread of chronic wasting disease in wild
deer and elk in the United States.
(b) Role- Computer modeling shall be used to identify areas of potential disease
concentration and future outbreak and shall be made available for the purposes
of targeting public and private chronic wasting disease control efforts.
(c) Data Integration- Information shall be displayed in a GIS format to support
management use of modeling results, and shall be displayed integrated with
the following:
(4) Environmental conditions data.
(6) Other data as appropriate.
(d) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary of the Interior $1,000,000 under this section.
SEC. 103. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF CHRONIC
WASTING DISEASE IN WILD HERDS OF DEER AND ELK.
(a) Program Development- Using existing authorities, the Secretary of the
Interior, acting through the United States Geological Survey, shall conduct
a surveillance and monitoring program on Federal lands managed by the Secretary
to identify--
(1) the incidence of chronic wasting disease infection in wild herds of
deer and elk;
(2) the cause and extent of the spread of the disease; and
(3) potential reservoirs of infection and vectors promoting the spread of
the disease.
(b) Tribal Assistance- In developing the surveillance and monitoring program
for wild herds on Federal lands, the Secretary of the Interior shall provide
assistance to tribal governments or tribal government entities responsible
for managing and controlling chronic wasting disease in wildlife on tribal
lands.
(c) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary of the Interior $3,000,000 to establish and support the surveillance
and monitoring program.
SEC. 104. NATIONAL REPOSITORY OF INFORMATION REGARDING CHRONIC WASTING DISEASE.
(a) Information Repository- The United States Department of the Interior,
using existing authorities, shall develop and maintain an interactive, Internet-based
web site that displays--
(1) surveillance and monitoring program data regarding chronic wasting disease
in both wild and captive cervid populations and other wildlife that are
collected by the Department of the Interior, the Department of Agriculture,
other Federal agencies, State agencies, and tribal governments assisted
under this Act;
(2) modeling information regarding the spread of chronic wasting disease
in the United States; and
(3) other relevant information regarding chronic wasting disease received
from other sources.
(b) INFORMATION SHARING POLICY- The national repository shall be available
as a resource for Federal and State agencies responsible for managing and
controlling chronic wasting disease and for institutions of higher education
and other public or private research entities conducting research regarding
chronic wasting disease. Data from the repository shall be made available
to other Federal agencies, State agencies, and the general public upon request.
TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES
SEC. 201. SAMPLING AND TESTING PROTOCOLS.
(a) SAMPLING PROTOCOL- Within 30 days of enactment of this Act, the Secretary
of Agriculture shall release guidelines for the use by Federal, State, tribal,
and local agencies for the collection of animal tissue to be tested for chronic
wasting disease. Guidelines shall include, at a minimum, procedures for the
collection and stabilization of tissue samples for transport for laboratory
assessment. Such guidelines shall be updated as necessary.
(b) TESTING PROTOCOL- Within 30 days of enactment of this Act, the Secretary
of Agriculture shall release a protocol to be used in the laboratory assessment
of samples of animal tissue that may be contaminated with chronic wasting
disease.
(c) LABORATORY CERTIFICATION AND INSPECTION PROGRAM-
(1) IN GENERAL- Not later than 30 days after the date of enactment of this
Act, the Secretary shall establish a program for the certification and inspection
of Federal and non-Federal laboratories (including private laboratories)
under which the Secretary shall authorize laboratories certified under the
program to conduct tests for chronic wasting disease.
(2) VERIFICATION- In carrying out the program established under paragraph
(1), the Secretary may require that the results of any tests conducted by
private laboratories shall be verified by Federal laboratories.
(d) DEVELOPMENT OF NEW TESTS- Not later than 45 days after the date of enactment
of this Act, the Secretary shall accelerate research into--
(1) the development of animal tests for chronic wasting disease, including--
(A) tests for live animals; and
(B) field diagnostic tests; and
(2) the development of testing protocols that reduce laboratory test processing
time.
SEC. 202. ERADICATION OF CHRONIC WASTING DISEASE IN HERDS OF DEER AND ELK.
(a) CAPTIVE HERD PROGRAM DEVELOPMENT- The Secretary of Agriculture, acting
through the Animal and Plant Health Inspection Service, shall develop a program
to identify the rate of chronic wasting disease infection in captive herds
of deer and elk, the cause and extent of the spread of the disease, and potential
reservoirs of infection and vectors promoting the spread of the disease.
(1) IMPLEMENTATION- The Secretary of Agriculture shall provide financial
and technical assistance to States and tribal governments to implement surveillance
and monitoring program for captive herds.
(2) COOPERATION- In developing the surveillance and monitoring program for
captive herds, the Secretary of Agriculture shall cooperate with State agencies
responsible for managing and controlling chronic wasting disease in captive
wildlife. Grantees under this section shall submit to the Secretary of Agriculture
a plan for monitoring chronic wasting disease in captive wildlife and reducing
the risk of disease spread through captive wildlife transport. As a condition
of awarding aid under this section, the Secretary of Agriculture may prohibit
or restrict the--
(A) movement in interstate commerce of any animal, article, or means of
conveyance if the Secretary determines that the prohibition or restriction
is necessary to prevent the introduction or dissemination of chronic wasting
disease; and
(B) use of any means of conveyance or facility in connection with the
movement in interstate commerce of any animal or article if the Secretary
determines that the prohibition or restriction is necessary to prevent
the introduction or dissemination of chronic wasting disease.
(3) COORDINATION- The Secretary of Agriculture, in cooperation with the
Secretary of the Interior, shall establish uniform standards for the collection
and assessment of samples and data derived from the surveillance and monitoring
program.
(b) CAPTIVE HERD PROGRAM- The Secretary of Agriculture, acting through the
Animal and Plant Health Inspection Service, shall, consistent with existing
authority, provide grants to assist States in reducing the incidence of chronic
wasting disease infection in captive herds of deer and elk.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Secretary of Agriculture $8,000,000 to conduct activities under this
section, of which no less than $6,000,000 is to be awarded to State and tribal
governments.
SEC. 203. EXPANSION OF DIAGNOSTIC TESTING CAPACITY.
(a) PURPOSE- Diagnostic testing will continue to be conducted on samples collected
under the surveillance and monitoring programs regarding chronic wasting disease
conducted by the States and the Federal Government and Indian tribes, including
the programs required by this Act, but current laboratory capacity is inadequate
to process the anticipated sample load.
(b) UPGRADING OF FEDERAL FACILITIES- The Secretary of Agriculture shall provide
for the upgrading of Federal laboratories to facilitate the timely processing
of samples from the surveillance and monitoring programs required by this
Act and related epidemiological investigation in response to the results of
such processing.
(c) UPGRADING OF CERTIFIED LABORATORIES- Using the grant authority provided
under section 2(d) of the Competitive, Special and Facilities Research Grant
Act (7 U.S.C. 450i(d)), the Secretary of Agriculture shall make grants to
provide for the upgrading of laboratories certified by the Secretary to facilitate
the timely processing of samples from surveillance and monitoring programs
and related epidemiological investigation in response to the results of such
processing.
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Secretary of Agriculture $7,500,000 to carry out this section.
SEC. 204. EXPANSION OF AGRICULTURAL RESEARCH SERVICE RESEARCH.
(a) EXPANSION- The Secretary of Agriculture, acting through the Agricultural
Research Service, shall expand and accelerate basic research on chronic wasting
disease, including research regarding detection of chronic wasting disease,
genetic resistance, tissue studies, and environmental studies.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Secretary of Agriculture $1,000,000 to carry out this section.
SEC. 205. EXPANSION OF COOPERATIVE STATE RESEARCH, EDUCATION AND EXTENSION
SERVICE SUPPORTED RESEARCH AND EDUCATION.
(a) RESEARCH EFFORTS- The Secretary of Agriculture, acting through the Cooperative
State Research, Education and Extension Service, shall expand the grant program
regarding research on chronic wasting disease.
(b) EDUCATIONAL EFFORTS- The Secretary of Agriculture shall provide educational
outreach regarding chronic wasting disease to the general public, industry,
and conservation organizations, hunters, and interested scientific and regulatory
communities.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Secretary of Agriculture--
(1) $3,000,000 to carry out subsection (a); and
(2) $1,000,000 to carry out subsection (b).
TITLE III--GENERAL PROVISIONS
SEC. 301. INTERAGENCY COORDINATION.
(a) IN GENERAL- Within 60 days after the date of enactment of this Act, the
Secretary of the Interior and the Secretary of Agriculture shall enter into
a cooperative agreement for the purpose of coordinating actions and disbursing
funds authorized under this Act to prevent the spread of chronic wasting disease
and related diseases in the United States.
(b) REPORT- Not later than 180 days after the date of enactment of this Act,
the Secretaries shall submit to Congress a report that--
(1) describes actions that are being taken, and will be taken, to prevent
the further outbreak of chronic wasting disease and related diseases in
the United States; and
(2) contains any additional recommendations for additional legislative and
regulatory actions that should be taken to prevent the spread of chronic
wasting disease in the United States.
SEC. 303. RULEMAKING.
(a) JOINT RULEMAKING- To ensure that the surveillance and monitoring programs
and research programs required by this Act are compatible and that information
collection is carried out in a manner suitable for inclusion in the national
database required by section 102, the Secretary of the Interior and the Secretary
of Agriculture shall jointly promulgate rules to implement this Act.
(b) PROCEDURE- The promulgation of the rules shall be made without regard
to--
(1) chapter 35 of title 44, United States Code 13 (commonly known as the
`Paperwork Reduction Act');
(2) the Statement of Policy of the Secretary of Agriculture effective July
24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking
and public participation in rulemaking; and
(3) the notice and comment provisions of section 553 of title 5, United
States Code.
(c) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING- In carrying out this section,
the Secretary of the Interior and the Secretary of Agriculture shall use the
authority provided under section 808 of title 5, United States Code.
(d) RELATION TO OTHER RULEMAKING AND LAW- The requirement for joint rulemaking
shall not be construed to require any delay in the promulgation by the Secretary
of Agriculture of rules regarding the interstate transportation of captive
deer or elk or to effect any other rule or public law implemented by the Secretary
of Agriculture or the Secretary of the Interior regarding chronic wasting
disease before the date of the enactment of this Act.
END
