[Congressional Record Volume 149, Number 69 (Friday, May 9, 2003)]
[Senate]
[Pages S5996-S6002]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CORZINE (for himself, Mr. Leahy, Mr. Cochran, and Mrs.
Lincoln):
S. 1035. A bill to amend title 10, United States Code, to reduce the
age for receipt of military retired pay for nonregular service from 60
to 55; to the Committee on Armed Services.
Mr. CORZINE. Mr. President, I rise today to introduce a bill that
would reduce the retirement age for members of the National Guard and
Reserve from 60 to 55. This change would allow 93,000 reservists
currently aged 55 to 59 to retire with full benefits and would restore
parity between the retirement systems for Federal civilian employees
and reservists.
In the interests of fairness, the United States must act quickly to
restore parity between the retirement age for civilian Federal
employees and their reserve counterparts. When the reserve retirement
system was created in 1947, the retirement age for reservists was
identical to the age for civilian employees. At age 60, reservists and
government employees could hang up their uniforms and retire with full
benefits. However, since 1947, the retirement age for civilian retirees
has been lowered by 5 years, while the reserve retirement age has not
changed.
The disparate treatment of Federal employees and reservists would
have been serious enough had the nature of the work performed by the
reserves not changed substantially over the past five decades. But
America has never placed greater demands on its ready reserve than it
does now. More than 200,000 reservists are serving their country in the
war against terrorism at home, abroad, and in the conflict with Iraq.
America's dependence on our ready reserve has never been more obvious,
as reservists are now providing security at our Nation's airports and
air patrols over our major cities. As Charles Cragin, the Deputy
Assistant Secretary of Defense, recently noted, ``The nature and
purpose of reserve service has changed since the end of the cold war.
They are no longer weekend warriors. They represent almost 50 percent
of the total force.''
With call-ups that last several months and take reservists far from
home, serving the Nation as a reservist has taken on more of the
trappings of active duty service than ever before. The recent conflict
has only further underscored the demands placed on the National Guard
and Reserve. Before the war on terrorism began, reservists were
performing about 13 million man-days each year, more than a 10-fold
increase over the one million man-days per year the reserves averaged
just 10 years ago. These statistics, the latest numbers available, do
not even reflect the thousands of reservists who have been deployed
since September 11 nor do they take into account the number of
reservists who have been deployed in the current military action
against Iraq. There is little doubt there will be a dramatic increase
in the number of man-days for 2002 and 2003. In my view, with
additional responsibility should come additional benefits.
The Department of Defense typically has not supported initiatives
like this. The Department has expressed concern over the proposal's
cost, which is estimated to be approximately $20 billion over 10 years,
although CBO figures are not yet available. However, I am concerned
that the Department's position may be shortsighted.
At a time when there is a patriotic fervor and a renewed enthusiasm
for national service, it is easy to forget that not long ago, the U.S.
military was struggling to meet its recruitment and retention goals. In
the aftermath of September 11, defense-wide recruitment and retention
rates have improved. However, there is no guarantee that this trend
will continue. Unless the overall package of incentives is enhanced,
there is little reason to believe that we will be able to attract and
retain highly-trained personnel.
Active duty military personnel have often looked to the reserves as a
way of continuing to serve their country while being closer to family.
With thousands of dollars invested in training active duty officers and
enlisted soldiers, the United States benefits tremendously when
personnel decide to continue with the reserves. But with reserve
deployments increasing in frequency and duration--pulling reservists
away from their families and civilian life for longer periods--the
benefit of joining the reserves instead of active duty has been
severely reduced. The more we depend on the reserves, the greater
chance we have of losing highly trained former active duty servicemen
and women. The added incentive of full retirement at 55 might provide
an important inducement for some of them to stay on despite the surge
in deployments.
Enacting this legislation will send the clear message that the United
States values the increased sacrifice of our reservists during these
trying times. The legislation has been endorsed by key members of the
Military Coalition, including the Veterans of Foreign Wars, the Air
Force Sergeants Association, the Air Force Association, the Retired
Enlisted Association, the Fleet Reserve Association, the Naval Reserve
Association, and the National
[[Page S5997]]
Guard Association. The bill would restore parity between the reserve
retirement system and the civilian retirement system, acknowledge the
increased workload of reserve service, and provide essential personnel
with an inducement to join and stay in the reserves until retirement.
I hope my colleagues will join me in supporting this important
legislation, and I ask unanimous consent that the text of the
legislation be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1035
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REDUCTION IN AGE FOR RECEIPT OF MILITARY RETIRED
PAY FOR NONREGULAR SERVICE.
(a) Reduction in Age.--Section 12731(a)(1) of title 10,
United States Code, is amended by striking ``at least 60
years of age'' and inserting ``at least 55 years of age''.
(b) Application to Existing Provisions of Law or Policy.--
With respect to any provision of law, or of any policy,
regulation, or directive of the executive branch, that refers
to a member or former member of the uniformed services as
being eligible for, or entitled to, retired pay under chapter
1223 of title 10, United States Code, but for the fact that
the member or former member is under 60 years of age, such
provision shall be carried out with respect to that member or
former member by substituting for the reference to being 60
years of age a reference to the age in effect for
qualification for such retired pay under section 12731(a) of
title 10, United States Code, as amended by subsection (a).
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act
and shall apply to retired pay payable for that month and
subsequent months.
______
By Mr. ALLARD (for himself, Mr. Feingold, Mr. Kohl, Mr. Roberts,
Mr. Campbell, Mr. Burns, and Mr. Craig):
S. 1036. 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, last year, I joined eleven colleagues in
an effort to pass legislation that dealt with the eradication,
monitoring, and surveillance of chronic wasting disease. Today, I am
offering similar legislation, the ``Chronic Wasting Disease Support Act
of 2003.'' Before I discuss the legislation further, I first want to
thank Senator Feingold for his leadership on this matter and for
working diligently to eradicate the disease. I also want to
congratulate the State of Colorado, especially those Departments and
Divisions that have been on the leading edge of disease management and
eradication. They faced a horrendous task--processing tens of thousands
of tests on a tight time frame. While more work lies ahead, they are to
be commended for their effort.
What was first a serious problem in the western United States,
chronic wasting disease now poses a serious threat to every State of
the union. As a United States Senator, chronic wasting disease presents
not only a great animal health challenge, but a scientific quandary as
well. As a veterinarian, chronic wasting disease presents an even
greater challenge to the scientific communities of both the States and
the Federal Government because we know so little about the disease.
This legislation, cosponsored by Senators Feingold, Kohl, Roberts,
Campbell, Burns and Craig, is a bipartisan effort to defeat the disease
and to send a message that CWD must remain a priority for the Federal
Government.
The importance of this bill to both the State and Federal Government
cannot be emphasized enough. It authorizes $34.5 million in the battle
against chronic wasting disease. 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. It is important that all members
of our delegation and in both the House and the Senate, coordinate our
efforts as we fight the 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, unfortunately, 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 Support Act of 2003 is intended to greatly
increase research, monitoring, surveillance, and management of the
disease on all levels. It bolsters testing capacity, diagnostics
capabilities, and funding authorization.
Increased research and research funding is necessary because the
disease is quite simply a mystery--the origin and transmission of CWD
remains unknown. Unfortunately, the only way to treat an animal with
CWD 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. With State budgets already
strained, 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 Support Act of 2003 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.
[[Page S5998]]
Thank you, Senator Feingold. 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. 1036
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 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 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; 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. 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
(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.
(1) 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; 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.
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.
[[Page S5999]]
(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 million 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 5 of title 44, United States Code (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.
Mr. FEINGOLD. Mr. President, today, I am pleased to join the Senator
from Colorado (Mr. Allard) in introducing comprehensive legislation to
address the problem of chronic wasting disease. This legislation is
similar to legislation we introduced last year, updated to reflect
current status of this issue. I am delighted to be continuing my
efforts with him on this bill and to again also be working with my
senior Senator from Wisconsin (Mr. Kohl) and commend them and their
staff for all their tireless efforts.
This disease is a serious problem affecting both wild and captive
deer in my home State of Wisconsin. It has spread from Wisconsin to the
neighboring states of Minnesota and Illinois. This legislation is
acutely needed, as Wisconsin's experience in getting Federal assistance
to address this problem, though eventually forthcoming, has been
extremely slow and frustrating. The Federal Government must make
chronic wasting disease a higher priority, and Congress must provide
the relevant federal agencies with the additional funds and authority
so that they can do so.
Congress delayed action on this bill in the last Congress, under
promises that the Department of the Interior, DOI, and the Department
of Agriculture, USDA, would be acting quickly to put together and
implement a comprehensive CWD management plan. It has now been nearly a
year, and no such plan has emerged. I was successful in getting a
provision included in the 2003 Omnibus Appropriations bill calling for
the plan to be released no later than May 20, 2003. That deadline is
rapidly approaching, and the legislation we introduce today will
provide a clear message--CWD must be a priority for the Federal
Government and for this administration.
A coordinated approach is needed, due to the severity of this
disease, its ability to spread, and our urgent need for information to
address it. 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 spongiform encephalopathy in cats, and mink spongiform
encephalopathy in mink.
The State of Wisconsin has just completed an historic effort to test
the deer in our State. Results from more than 41,000 whitetail deer
tested in our State have turned up 207 CWD positive animals. Almost all
of the infected deer, 201 of the total, came from a 411 square mile
eradication zone of Dane,
[[Page S6000]]
Iowa and Sauk counties. My State began intensive testing of deer after
CWD was discovered on February 28, 2002. Over 1,200 people in my State
have been involved, conducting thousands of hours of work at millions
of dollars of expense. CWD has also been found in several captive herds
in my State as well.
In that vein, the legislation we are introducing in comprehensive,
addressing both captive and wild animals and short term and long term
needs. It authorizes a $34.5 million Federal chronic wasting disease
program that will be administered by the United States Departments of
Interior and Agriculture, USDA. It is similar to legislation being
introduced today in the House of Representatives by the Representatives
from Colorado (Mr. McInnis), and from Wisconsin (Mr. Green), and was
cosponsored on a bipartisan basis by Wisconsin delegation members in
the House Of Representatives in the last Congress. 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. 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), authorizes $16 million for grants to States and tribal
governments battling CWD. The Interior Department 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 wild herds of
deer and elk. The Interior Department is directed, in addition, to
develop a national chronic wasting disease incident database, building
on the existing USDA reporting program. The USDA is authorized to award
up to $6 million in grants to those same entities for the management of
CWD in captive deer and elk. These amounts are nearly triple $5.6
million that USDA made available to States for use to address CWD in
both captive and wild cervids.
I am particularly pleased that the Senator from Colorado (Mr.
Allard), has incorporated provisions that I authored to address
Wisconsin's ongoing need for enhanced testing capacity to move toward a
system of widely available testing for hunters. 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,
including private labs, conducting chronic wasting disease tests within
30 days of enactment. I hope all these measures will enhance
Wisconsin's capacity to continue its deer testing program. To address
longer term 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 needed, 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. This is a good bill and it
deserves the Senate's support.
______
By Ms. SNOWE (for herself, Mr. Rockfeller, Mr. Warner, Mr.
Hollings, Mr. Kerry, Ms. Collins, Mr. Carper, Mr. Allen, Ms.
Landrieu, Mrs. Lincoln, Mr. Fitzgerald, Mr. Dorgan, Mr.
Corzine, Mr. Campbell, Mr. Schumer, Mr. Chafee, Mr. Smith, Mr.
Harkin, Ms. Mikulski, Ms. Cantwell, Mr. Nelson of Nebraska, Mr.
Craig, Mrs. Feinstein, and Mr. Lautenberg):
S. 1037. A bill to amend title XVIII of the Social Security Act to
provide for coverage under the Medicare program of all oral anticancer
drugs; to the Committee on Finance.
Ms. SNOWE. Mr. President, I rise today to introduce, the Access to
Cancer Therapies Act, which will extend Medicare coverage for all oral
anticancer drugs. This legislation will help ensure that Medicare
beneficiaries with cancer have access to the most advanced and
effective drug therapies. I am pleased to be joined today by 19 of my
colleagues in introducing this legislation. The strong bipartisan
support the bill has received, even before introduction, indicates its
importance to members of the Senate.
As we know, presently Medicare does not include an outpatient
prescription drug benefit. While this is a tremendous hardship for all
beneficiaries, it is especially difficult for seniors who have cancer,
which prevents them from receiving the most appropriate drug treatments
as recommended by their physicians.
Enacting a comprehensive Medicare drug benefit is certainly one of my
top priorities. However, even if we are successful and enact a bill
into law this year, the comprehensive benefit is not expected to be
available until 2006 at the earliest. This bill, on the other hand,
would allow Medicare to begin coverage of oral anticancer drugs within
90 days of enactment. These patients are facing life and death choices,
I believe it is our responsibility to provide access to the most
effective and appropriate drug therapies.
Congress recognizes the importance of expanding coverage to vital
cancer treatments and in 1993 created a unique Medicare drug benefit
for oral anti-cancer drugs. Unfortunately, coverage under this law only
is provided if the drug is equivalent to drugs provided ``incident'' to
a physician visit; for example, drugs that must be injected. At
present, upwards of 95 percent of cancer drug therapy is covered by
Medicare either in a physician office or as an oral form, which
qualifies under the 1993 legislation. However, in the very near future
as much as 25 percent of cancer drug therapies will be oral drugs not
covered. By enacting this legislation into law, we can ensure these new
outpatient cancer treatment therapies will be available to Medicare
beneficiaries.
This is a developing trend. Today, there are about 40 oral anti-
cancer drugs, but less than 10 are reimbursed by Medicare. In fact, one
of the most common and effective drugs used in the treatment of breast
cancer, tamoxifen, is among those drugs that currently are not
reimbursed by Medicare.
As cancer therapy becomes more reliant on oral drugs, Medicare
coverage policy must be updated to cover the new therapies. Otherwise
the intent of the very limited 1993 policy will become meaningless and
Medicare beneficiaries will increasingly lose access to the best cancer
therapies.
Let me provide some very encouraging examples of oral anti-cancer
drugs that illustrates the urgency of both this policy change and of
enacting Medicare prescription drug legislation. Over the past two
years, the FDA has approved a number of remarkable oral anticancer
drugs that are producing outstanding results. Two such examples include
Gleevec, which was approved in 2001 and IRESSA, which was approved on
May 5.
Gleevec is used to treat one type of leukemia and may also be
effective against a rare but lethal stomach cancer. It is the first,
let me repeat, first, cancer drug to specifically address a molecular
target, which not only is in the cancer, but actually is the cause of
the cancer, according to the National Cancer Institute. More precisely,
Gleevec eliminates a specific enzyme needed for the cancer to thrive.
By contrast, most current cancer therapies act like a shotgun, killing
both cancer and normal cells.
IRESSA, another revolutionary oral anticancer drug that the FDA
recently approved, treats advanced non-small-cell lung cancer, NSCLC.
Considering lung cancer is the leading cause of cancer deaths in the
United States, estimated to account for approximately 157,000 deaths in
2003, and NSCLC is the
[[Page S6001]]
most common form of lung cancer, accounting for 80 percent of all lung
cancer cases, it is imperative that Medicare beneficiaries have access
to this new drug. For many who do not respond to chemotherapy
treatments, IRESSA is the last line of defense.
However, both of these cancer treatments are expensive. For instance,
while Gleevec is a revolutionary and highly effective treatment, it is
not a cure. It simply arrests the cancer and returns most lab tests to
normal, requiring many patients to take the drug for life. Considering
the extraordinary costs of these treatments--a month's supply of
Gleevec costs upwards of $2,400 and IRESSA, the last treatment option
for many NSCLC patients, costs approximately $1,900 per month of
treatment, with the average treatment lasting seven months--Medicare
coverage is a necessity.
It is imperative that Medicare provide reliable access to these
advanced medications to help beneficiaries with cancer. Biomedical
research is providing new, more targeted, and less toxic methods of
treatment through new oral anti-cancer drugs that patients can safely
take in the comfort of their own homes, which will help improve
outcomes and enhance patient quality of life.
We must act now to ensure all oral anti-cancer drugs are available to
our seniors. The Access to Cancer Therapies Act will build on current
Medicare policy by ensuring coverage of all anti-cancer drugs, whether
oral or injectable, are available to Medicare beneficiaries. The Act
will provide beneficiaries with access to innovative new therapies that
are less toxic and more convenient, more clinically effective and more
cost-effective than many currently covered treatment options. I urge my
colleagues to support this bill.
Mr. ROCKEFELLER. Mr. President, I rise today to introduce a small
bill, but one with important consequences. My measure, the ``Access to
Cancer Therapies Act,'' would provide coverage of all oral anti-cancer
drugs under the Medicare program. I am pleased to join Senator Snowe in
introducing this measure.
As my colleagues know, there is no Medicare outpatient prescription
drug benefit today. If there was, we would not need this legislation.
There should be and there must be a meaningful and fair Medicare
prescription drug benefit this year. Seniors are reeling from the
burden of their prescription drug expenses, and they can't defer their
illnesses or their costs.
This legislation also reminds us of how crucial prescription drug
coverage will be in the future. In 1993, Congress created a unique
Medicare drug benefit for oral anti-cancer drugs--but only if the drug
is equivalent to drugs provided ``incident'' to a physician visit; for
example, drugs that must be injected. At present, upwards of 90 percent
of cancer drug therapy is covered by Medicare either in a physician
office or in a reimbursed oral form. But by 2010 as much as 25 percent
of cancer drug therapy will be in the form of oral drugs that are not
currently covered.
As cancer therapy moves more toward reliance on oral drugs, Medicare
coverage policy must be updated to cover the new therapies, or else
even the intent of this very limited policy will be meaningless and
Medicare beneficiaries will increasingly lose access to the best cancer
therapies. And without this legislative change, beneficiaries will
increasingly bear the burden of buying these drugs from their own
pockets, which most seniors can ill-afford.
While biomedical research is providing new, more targeted, and less
toxic methods of treatment through new oral anti-cancer drugs that
patients can safely take in the comfort of their own homes, Medicare
policy is currently unable to provide reliable access to these
medications for beneficiaries with cancer.
This legislation is important not only to seniors surviving cancer,
but to all Americans. A recent poll conducted for the National
Coalition of Cancer Survivorship found that 9 out of 10 Americans
believe that Medicare should pay for all medically approved cancer
therapies.
Even if we do not succeed in enacting a comprehensive Medicare drug
benefit this year, it is time to do what Americans want for cancer
survivors by passing the Access to Cancer Therapies Act in the 108th
Congress. This legislation gives people with cancer immediate access to
life-saving drugs. This is a stop-gap provision that would be phased
out when a comprehensive Medicare drug benefit is put into place that
would cover oral anti-cancer drugs consistently with all other drugs.
At the very least, we must ensure all oral anti-cancer drugs are
available to our seniors. The Access to Cancer Therapies Act will build
on current Medicare policy by ensuring coverage of all anti-cancer
drugs, whether oral or injectable, are available to Medicare
beneficiaries. The act will provide beneficiaries with access to
innovative new therapies that are less toxic and more convenient, more
clinically effective and more cost-effective than many currently
covered treatment options. In the last Congress, 57 Senators
cosponsored this bill. This is an opportunity to improve our Medicare
program immediately. I urge my colleagues to support this bill.
______
By Mr. THOMAS (for himself, Mr. Enzi, Mr. Craig, Mr. Stevens, and
Mr. Burns):
S. 1038. A bill to limit the acquisition by the United States of land
located in a State in which 25 percent or more of the land in that
State is owned by the United States; to the Committee on Energy and
Natural Resources.
Mr. THOMAS. Mr. President, I rise to introduce the ``No-Net-Loss of
Private Lands Act.'' This legislation is a common sense proposal which
will limit additional Federal land acquisition in the public land
States.
Throughout our country, the Federal Government continues to acquire
greater amounts of land. It is time to stop the growth of the Federal
Government and begin to protect private property.
This is especially true for those of us living in the West. Roughly
50 percent of the land in my home State of Wyoming is owned by the
Federal Government. Many other western States have an even higher
percentage of Federal ownership, including Nevada and Alaska that have
over 80 percent of their surface land owned by the Federal Government.
Unfortunately, the Federal Government has not always been a good
neighbor to the people of the West. The Federal land management
agencies continue to acquire vast amounts of land and restrict access
to these areas for multiple use purposes. This creates great hardship
for local communities, destroying jobs and depressing the economy in
many areas around the West.
The time has come to curb the Federal Government's insatiable
appetite for additional land in the United States. The ``No-Net-Loss of
Private Lands Act'' is a reasonable approach to stopping the ever-
increasing growth of Federal land ownership. This measure requires the
Federal Government to release an equal value of land when it acquires
property in States which are at least 25 percent federally-owned.
Property would be released at the time of the new acquisition, and land
disposal would not necessarily have to come from the same agency making
the acquisition. In addition, the legislation includes a provision
waving the disposal requirement in time of war or national emergency.
During my time in Congress, I have worked extensively to protect
unique public lands such as national parks and other special areas.
This legislation would do nothing to limit our ability to acquire more
of these pristine and special areas in the future. Unfortunately, the
Federal Government's quest for more land has included too many areas
that do not contribute to our natural resource heritage. Rather,
acquisitions often simply lock-up areas that should remain private and
productive.
It is time for Congress to protect the rights of private property
owners and instill some restraint in Federal land acquisitions. The
``No-Net-Loss of Private Lands Act'' is a reasonable proposal that will
provide this much needed discipline.
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:
[[Page S6002]]
S. 1038
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 ``No Net Loss of Private Land
Act''.
SEC. 2. LIMITATION ON ACQUISITION OF LAND.
(a) In General.--Notwithstanding any other law, the United
States may acquire an interest in 100 or more acres of land
within a State described in subsection (c) only if, before
any such acquisition, the United States disposes of the
surface estate to land in that State in accordance with
subsection (b).
(b) Disposition of Surface Estate.--The disposition of the
surface estate in land by the United States qualifies for the
purposes of this section if--
(1) the value of the surface estate of the land disposed of
by the United States is approximately equal to the value of
the interest in land subject to this section that is to be
acquired by the United States, as determined by the head of
the department, agency, or independent establishment
concerned; and
(2) the head of the department, agency, or independent
establishment concerned certifies that the United States has
disposed of land for the purpose of this section.
(c) Affected States.--A State is described in this section
if--
(1) it is 1 of the States of the United States; and
(2) 25 percent or more of the land within that State is
owned by the United States.
(d) Acquisition.--For the purpose of this section, the term
``acquire'' includes acquisition by donation, purchase with
donated or appropriated funds, exchange, devise, and
condemnation.
(e) Applicability.--This section does not apply to--
(1) any land held in trust for the benefit of an Indian
tribe or individual or held by an Indian tribe or individual
subject to a restriction by the United States against
alienation;
(2) real property acquired pursuant to a foreclosure under
title 18, United States Code;
(3) real property acquired by any department, agency, or
independent establishment in its capacity as a receiver,
conserver, or liquidating agent which is held by that
department, agency, or independent establishment in its
capacity as a receiver, conserver, or liquidating agent
pending disposal;
(4) real property that is subject to seizure, levy, or lien
under the Internal Revenue Code of 1986; or
(5) real property that is securing a debt owed to the
United States.
(e) Waiver.--The head of a department, agency, or
instrumentality of the United States may waive the
requirements of this section with respect to the acquisition
of land by that department, agency, or instrumentality during
any period in which there is in effect a declaration of war
or a national emergency declared by the President.
____________________