[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4795 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4795

 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 HOUSE OF REPRESENTATIVES

                              May 22, 2002

   Mr. McInnis (for himself, Mr. Green of Wisconsin, and Mr. Ryan of 
  Wisconsin) introduced the following bill; which was referred to the 
      Committee on Resources, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 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 for 
States Act of 2002''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Chronic wasting disease.--The term ``chronic wasting 
        disease'' means the animal disease afflicting deer and elk 
        that--
                    (A) is a transmissible disease of the nervous 
                system resulting in distinctive lesions in the brain; 
                and
                    (B) belongs to the group of diseases known as 
                transmissible spongiform encephalopathies, which group 
                includes scrapie, bovine spongiform encephalopathy, and 
                Cruetzfeldt-Jakob disease.
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Pursuant to State and Federal law, the States retain 
        primacy and policy-making 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 and managing this lethal disease.
            (3) As the States move to manage existing levels 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) 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, tribal, 
        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. NATIONAL DATABASE REGARDING CHRONIC WASTING DISEASE.

    (a) Information Repository.--The Secretary of the Interior, acting 
through the United States Geological Survey and using existing 
authorities, shall establish and maintain the official national 
database for--
            (1) surveillance and monitoring data regarding chronic 
        wasting disease in both wild and captive cervid populations and 
        other wildlife that is collected by the Department of the 
        Interior, the Department of Agriculture, other Federal 
        agencies, foreign governments, Indian tribes, and State 
        agencies assisted under this Act; and
            (2) other relevant information regarding chronic wasting 
        disease received from other sources, including cooperation with 
        foreign governments.
    (b) Information Source.--The national database shall be available 
as a resource for--
            (1) Federal and State agencies, Indian tribes, and foreign 
        governments attempting to manage and control chronic wasting 
        disease;
            (2) institutions of higher education and other public or 
        private research entities conducting research regarding chronic 
        wasting disease; and
            (3) cooperating international wildlife authorities.
    (c) Relationship to Department of Agriculture Information 
Collection.--The data collected by the Department of Agriculture under 
title II shall be placed in the national database.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the Interior $1,500,000 to establish 
and maintain the national database. Funds appropriated pursuant to this 
authorization of appropriations shall remain available until expended.

SEC. 102. 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 develop a national surveillance and monitoring program to 
identify--
            (1) the rate 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) Implementation.--The Secretary of the Interior shall provide 
financial and technical assistance to States and Indian tribes to 
implement the surveillance and monitoring program for wild herds.
    (c) Cooperation.--In developing the surveillance and monitoring 
program for wild herds, the Secretary of the Interior shall consult and 
cooperate with State and tribal agencies responsible for managing and 
controlling chronic wasting disease.
    (d) Coordination.--The Secretary of the Interior, in cooperation 
with the Secretary of Agriculture, shall establish uniform standards 
for the collection and assessment of samples and data derived from the 
surveillance and monitoring program.
    (e) 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. Funds appropriated 
pursuant to this authorization of appropriations shall remain available 
until expended.

SEC. 103. SUPPORT FOR STATE EFFORTS TO MANAGE AND CONTROL CHRONIC 
              WASTING DISEASE.

    (a) Availability of Assistance.--The Secretary of the Interior, 
acting through the United States Geological Survey, shall allocate 
funds appropriated to carry out this section directly to the State or 
tribal agency responsible for wildlife management for a State or Indian 
tribe that petitions the Secretary for a portion of such funds to 
develop and implement management strategies to address chronic wasting 
disease on lands administered by the State or Indian tribe.
    (b) Funding Priorities.--In determining the amounts to be allocated 
to States and Indian tribes under subsection (a), the Secretary of the 
Interior shall give priority to States and Indian tribes based on the 
following criteria:
            (1) Relative scope of incidence of chronic wasting disease 
        on lands administered by the State or Indian tribe, with 
        priority given to those States and Indian tribes with the 
        highest incidence of the disease.
            (2) State or tribal expenditures on chronic wasting disease 
        management, monitoring, surveillance, and research, with 
        priority given to those States and Indian tribes that have 
        shown the greatest financial commitment to managing, 
        monitoring, surveying, and researching chronic wasting disease.
            (3) Comprehensive and integrated State or tribal policies 
        and programs focused on chronic wasting disease management 
        between involved State or tribal wildlife and agricultural 
        agencies, with priority given to those States and Indian tribes 
        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 areas in which chronic wasting 
        disease is already found or areas 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 to the Secretary of the Interior $10,000,000 to support 
State and tribal efforts to manage and control chronic wasting disease. 
Funds appropriated pursuant to this authorization of appropriations 
shall remain available until expended.

SEC. 104. EXPANSION OF UNITED STATES GEOLOGICAL SURVEY RESEARCH.

    (a) Expansion.--The Secretary of Interior, acting through the 
United States Geological Survey, shall expand and accelerate 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 the Interior $3,000,000 to carry out 
subsection (a). Funds appropriated pursuant to this authorization of 
appropriations shall remain available until expended.

             TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES

SEC. 201. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF 
              CHRONIC WASTING DISEASE IN CAPTIVE HERDS OF DEER AND ELK.

    (a) Program Development.--The Secretary of Agriculture, acting 
through the Animal and Plant Health Inspection Service, shall develop a 
surveillance and monitoring program to identify--
            (1) the rate of chronic wasting disease infection in 
        captive 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) Implementation.--The Secretary of Agriculture shall provide 
financial and technical assistance to States and Indian tribes to 
implement the surveillance and monitoring program for captive herds.
    (c) Cooperation.--In developing the surveillance and monitoring 
program for captive herds, the Secretary of Agriculture shall cooperate 
with State and tribal agencies responsible for managing and controlling 
chronic wasting disease.
    (d) 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.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Agriculture $2,000,000 to establish 
and support the surveillance and monitoring program. Funds appropriated 
pursuant to this authorization of appropriations shall remain available 
until expended.

SEC. 202. EXPANSION OF DIAGNOSTIC TESTING CAPACITY.

    (a) Purpose.--Diagnostic testing of samples collected under the 
surveillance and monitoring programs regarding chronic wasting disease 
conducted by the Federal Government and States and Indian tribes, 
including the programs required by sections 102 and 201, will continue 
to be conducted by National Veterinary Services Laboratories of the 
Animal and Plant Health Inspection Service and laboratories approved by 
the National Veterinary Services Laboratories, 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 sections 102 and 201 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 to be 
certified by the Secretary to facilitate the timely processing of 
samples from the surveillance and monitoring programs required by 
sections 102 and 201 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 $2,500,000 to carry out 
this section. Funds appropriated pursuant to this authorization of 
appropriations shall remain available until expended.

SEC. 203. EXPANSION OF AGRICULTURAL RESEARCH SERVICE RESEARCH.

    (a) Expansion.--The Secretary of Agriculture, acting through the 
Agricultural Research Service, shall expand and accelerate 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 
subsection (a). Funds appropriated pursuant to this authorization of 
appropriations shall remain available until expended.

SEC. 204. 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 $4,000,000 to carry out 
this section. Of the funds so appropriated, 75 percent shall be used to 
carry out subsection (a) and 25 percent shall be used to carry out 
subsection (b). Funds appropriated pursuant to this authorization of 
appropriations shall remain available until expended.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. 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 
101, the Secretary of the Interior and the Secretary of Agriculture 
shall jointly promulgate rules to implement this Act.
    (b) Procedure.--Due to the serious consequences of an unchecked 
chronic wasting disease epidemic, prompt implementation of this Act is 
required. The promulgation of the rules under subsection (a) shall be 
made without regard to--
            (1) chapter 35 of title 44, United States Code (commonly 
        know 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.--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 any other rule by 
the Secretary of Agriculture or the Secretary of the Interior regarding 
chronic wasting disease proposed before the date of the enactment of 
this Act.
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