[Congressional Record Volume 148, Number 68 (Thursday, May 23, 2002)]
[Senate]
[Pages S4846-S4848]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ALLARD (for himself, Mr. Feingold, Mr. Campbell, Mr. Kohl, 
        and Mr. Craig):
  S. 2560. 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; to the 
Committee on Agriculture, Nutrition, and Forestry.
  Mr. ALLARD. Mr. President, I rise before my colleagues today to 
address the very serious matter of chronic wasting disease. As a United 
States Senator, chronic wasting disease presents a great animal health 
challenge. As a Veterinarian, chronic wasting disease presents an even 
greater challenge to the scientific communities of both the States and 
the Federal Government. In a mounting bipartisan effort to defeat the 
disease, I, along with Senators Feingold, Kohl and Campbell, introduce 
the ``Chronic Wasting Disease State Support Act of 2002.''
  The importance of the title cannot be emphasized enough. Although the 
bill authorizes a substantial amount Federal funding to fight and 
eradicate the disease, the States will retain their undisputed primacy 
and policy-making authority with regard to wildlife management. 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.
  Chronic wasting disease, or CWD, may be a new threat to some. Others 
may not be familiar with it at all. However, it is not new to those of 
us in Colorado and Wyoming, who have been dealing with it for over 
twenty years, and if the disease continues to spread, those unfamiliar 
with the fatal disease will, in time, become experts in CWD policy. The 
scientific community has gone to great lengths to deal with the disease 
on limited budgets. These experts, through scientific publication and 
Congressional hearings, have told us that, although we have learned a 
tremendous amount about chronic wasting disease, there is much that we 
do not know and much that we must do to eradicate it. One thing we do 
know is that sound science is the answer, and that the Chronic Wasting 
Disease State Support Act of 2002 is intended to greatly increase 
research, monitoring, surveillance, and management of the disease on 
all levels.
  Increased research and research funding is necessary because the 
disease is quite simply a mystery--the origin and transmission of CWD 
is unknown. Unfortunately, the treatment for chronic wasting disease is 
all too familiar. The only way to treat an animal or to contain the 
disease is to destroy the animal and cull the herd. Together, we must 
embark on an ambitious and sound scientific commitment for research and 
investigation to end chronic wasting disease. That is what this bill 
calls for--cooperation and collaboration, working together at both the 
state and federal level to achieve a common objective. We must end 
chronic wasting disease, and we must begin our eradication efforts now.
  The impact CWD will have on wildlife and agriculture is undeniable, 
and the economic and emotional toll of the disease cannot be 
overstated. Communities that are economically reliant upon deer and elk 
related enterprises will feel the impact of CWD as concern about the 
disease grows. But we can stop this, and we must stop this. We have an 
opportunity to restore cervid health, to contain the disease, and, most 
importantly, to eradicate the disease. This is the challenge that I 
urge my colleagues to accept, and to take decisive action; adequate 
research funding that is directed toward the complete eradication of 
chronic wasting disease starts with this authorizing legislation.
  In those States that are already dealing with CWD, the fiscal demands 
required to manage the disease is quite apparent. State budgets are 
stretched thin as they cull wild and captive herds and research for 
workable solutions to stop the disease. An infusion of Federal 
resources and technical assistance is required to help the States keep 
CWD from spreading, to treat infected or exposed populations, and to 
greatly expand research for testing and possible cures. This bill does 
just that by providing assistance in the form of grants, Federal 
research programs and incidence reporting, as well as scientific 
assistance. State and federal cooperation will protect animal welfare, 
safeguard our valued livestock industry, provide relief to family elk 
ranchers, help guarantee America's food safety, and protect the public 
health.
  The Chronic Wasting Disease Act of 2002 provides the foundation for a 
nationwide increase in diagnostic capabilities. Undoubtedly, the spread 
of CWD and the increased awareness of the disease, will cause the 
demand for testing to grow exponentially--this bill helps us prepare to 
handle a large volume of cases efficiently and reliably. The 
legislation calls for the development of new testing methods to help us 
understand the disease, as well as developing a live test.
  Chronic wasting disease presents a common problem to the states and 
the federal government. The federal conduit role that is provided in 
the bill will allow animal health experts to unravel the CWD mystery. 
The challenge we face is to achieve what we all recognize as a common 
objective--to understand CWD and to eradicate it. But, we must act 
quickly or this disease will redefine the wildlife characteristics of 
our States. I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2560

       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 
     State Support Act of 2002''.

     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 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, managing, and eradicating this lethal 
     disease.
       (3) As the States move to manage existing incidence of 
     chronic wasting disease and insulate non-infected 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. COMPUTER MODELING OF DISEASE SPREAD IN WILD CERVID 
                   POPULATIONS.

       (a) Modeling Program Required.--The Secretary of 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.

[[Page S4847]]

       (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; and
       (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. 102. SURVEILLANCE AND MONITORING PROGRAM REGARDING 
                   PRESENCE OF CHRONIC WASTING DISEASE IN WILD 
                   HERD 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 extend 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.
             TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES

     SEC. 201. NATIONAL REPOSITORY OF INFORMATION REGARDING 
                   CHRONIC WASTING DISEASE.

       (a) Information Repository.--The United States Department 
     of Agriculture, 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 Agriculture, the Department of the Interior, 
     other Federal agencies, and State agencies assisted under 
     this Act; and
       (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.

     SEC. 202. 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.--Within 45 days of enactment 
     of this Act, the Secretary of Agriculture shall develop a 
     program for the inspection and certification of federal and 
     non-federal laboratories conducting chronic wasting disease 
     tests.
       (d) Development of New Tests.--The Secretary of Agriculture 
     shall accelerate research into the development of live animal 
     tests for chronic wasting disease, including field diagnostic 
     tests, and the development of testing protocols that reduce 
     laboratory test processing time.

     SEC. 203. 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) Wild Herd Program.--The Secretary of Agriculture, 
     acting through the Animal and Plant Health Inspection 
     Service, shall, consistent with existing authority, assist 
     states in reducing the incidence of chronic wasting disease 
     infection in wild herds of deer and elk.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Agriculture $2,000,000 
     to conduct activities under this section.

     SEC. 204. 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, 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. 205. 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. 206. 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 of enactment after the date 
     of enactment of this Act, the Secretary of Agriculture and 
     the Secretary of the Interior, shall enter into a cooperative 
     agreement for the purpose of coordinating actions and 
     disbursing funds authorized under Section 302 of this title 
     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.

[[Page S4848]]

     SEC. 302. INTERAGENCY GRANTS FOR STATE AND TRIBAL EFFORTS TO 
                   MANAGE CHRONIC WASTING DISEASE IN WILDLIFE.

       (a) Availability of Assistance.--As a condition of the 
     cooperative agreement described in Section 301, the Secretary 
     of Agriculture and 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. 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 201, 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 
     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 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.

  Mr. FEINGOLD. Mr. President, I rise today to join my colleague from 
Colorado, Senator Allard in introducing comprehensive legislation to 
address the problem of chronic wasting disease. I am delighted to be 
working with him on this bill, and commend him and his staff for all 
their tireless efforts. This disease has become a serious problem 
affecting wild deer in my home State of Wisconsin.
  Chronic wasting disease belongs to the family of transmissible 
spongiform encephalopathies TSEs, diseases. TSEs are a group of 
transmissible, slowly progressive, degenerative diseases of the central 
nervous systems of several species of animals. Animal TSEs include, in 
addition to chronic wasting disease, CWD, in deer and elk, bovine 
spongiform encephalopathy in cattle, scrapie in sheep and goats, feline 
sponfiform encephalopathy in cats, and mink spongiform encephalopathy 
in mink.
  States like mine are now contemplating how and where their Department 
of Natural Resources will cull deer in an attempt to slow the spread of 
the disease, and it is a difficult choice. Wisconsin is contemplating a 
herd reduction of up to 15,000 animals in ten counties. With a disease 
that has no known mechanism of transmission, large scale herd reduction 
may not fully address the problem. Yet Wisconsin is in the difficult 
position of not being able to put off taking action to slow the 
epidemic until every scientific question has been answered in detail. 
Wisconsinites treasure the sight of deer in our woods and tourism and 
hunting are important to our State's economy, as well. In part, 
Wisconsin's struggles to manage the disease have been complicated by 
struggles to interact with a variety of different Federal agencies, 
each with differing and intersecting responsibilities on the issue of 
chronic wasting disease.
  In that vein, the legislation we are introducing is comprehensive, 
addressing both short term and long term needs. It authorizes a $29 
million dollar Federal chronic wasting disease program that will be 
administered by the United States Departments of Agriculture, USDA, and 
Interior. It is similar to legislation introduced in the House of 
Representatives by the Representative from Colorado, Mr. McInnis), 
which has been cosponsored on a bi-partisan basis by Wisconsin 
delegation members in the House of Representatives. I think it is 
extremely appropriate that legislators from Colorado, the state that 
has the longest history in chronic wasting disease, have made a 
concerted effort to work with Wisconsin members who are struggling with 
a new outbreak that has emerged solely in wild deer. I deeply 
appreciate the commitment of the Representative from Colorado, Mr. 
McInnis, toward finding a solution that works for both our States. I 
think these are good comprehensive efforts, and I would like to 
highlight a few provisions in detail.
  The bill I am introducing with the Senator from Colorado, Mr. Allard, 
requires USDA to work jointly with Interior and authorizes them to give 
up to $10 million in grants to states to help them plan and implement 
management strategies to address chronic wasting disease in both 
captive and wild herds of deer and elk. USDA is directed, in addition, 
to develop a national chronic wasting disease incident database, 
building on the existing USDA reporting program.
  I am particularly pleased that the Senator from Colorado, Mr. Allard, 
has incorporated provisions that I authored to address Wisconsin's 
urgent short term need for enhanced testing capacity. Under the bill, 
USDA is required to release, within 30 days, protocols both for labs to 
use in performing tests for chronic wasting disease and for the proper 
collection of animal tissue to be tested. USDA is further required to 
develop a certification program for federal and non-federal labs 
conducting chronic wasting disease tests within 45 days of enactment. I 
hope all these measures will enhance Wisconsin' capacity to accurately 
test deer this year. To address longer terms needs, the USDA is 
directed to accelerate research into the development of live animal 
tests for chronic wasting disease, including field diagnostic tests, 
and the development of testing protocols that reduce laboratory test 
processing time.
  This bill is appropriate, because state wildlife and agriculture 
departments do not have the fiscal or scientific capacity to adequately 
confront the problem. Their resources are spread too thin as they 
attempt to prevent the disease from spreading. Federal help in the form 
of management funding, research grants, and scientific expertise is 
urgently needed. Federal and State cooperation will protect animal 
welfare, safeguard our valued livestock industry, help guarantee 
America's food safety, and protect the public health.
  I look forward to working with my colleague from Colorado, Mr. 
Allard, to seek passage of this measure.
                                 ______