[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1036 Introduced in Senate (IS)]







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:
            (1) Land use data.
            (2) Soils data.
            (3) Elevation data.
            (4) Environmental conditions data.
            (5) Wildlife 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.
                                 <all>