[Congressional Record (Bound Edition), Volume 149 (2003), Part 8]
[Senate]
[Pages 11000-11006]
[From the U.S. 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

[[Page 11001]]

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 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 of 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

[[Page 11002]]

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 are 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.
  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 enceph-
     alopathies, 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.

[[Page 11003]]

       (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 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 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

[[Page 11004]]

     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 encepha-
lopathies, 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, 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

[[Page 11005]]

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 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

[[Page 11006]]

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:

                                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.

                          ____________________