Directs the Secretary of the Interior (through the U.S. Geological Survey) to conduct a surveillance and monitoring program on Federal lands to identify: (1) the rate of infection in wild herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) areas promoting the disease.
Directs the Secretary of Agriculture to develop and maintain a web site that displays surveillance and monitoring program data and modeling information.
Directs the Secretary of Agriculture to develop: (1) guidelines for the collection of animal tissue samples; (2) a protocol to be used in the assessment of samples in the laboratory; and (3) a program for the inspection of laboratories conducting chronic wasting disease tests.
Directs the Secretary of Agriculture (through the Animal and Plant Health Inspection Service) to develop a program to identify: (1) the rate of infection in captive herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) areas promoting the disease.
Directs the Secretary of Agriculture: (1) to provide for the upgrading of Federal laboratories approved to process samples from the surveillance and monitoring programs.; and (2) expand and accelerate research on the disease through the Agricultural Research Service and Cooperative State Research grant program.
Requires the Secretaries to enter a cooperative agreement and develop a grant program to allocate funds to State agencies responsible for wildlife management to develop and implement long term strategies to address the disease.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2560 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2560
To provide for a multi-agency cooperative effort to encourage further
research regarding the causes of chronic wasting disease and methods to
control the further spread of the disease in deer and elk herds, to
monitor the incidence of the disease, to support State efforts to
control the disease, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23, 2002
Mr. Allard (for himself, Mr. Feingold, Mr. Campbell, Mr. Kohl, and Mr.
Craig) introduced the following bill; which was read twice and referred
to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To provide for a multi-agency cooperative effort to encourage further
research regarding the causes of chronic wasting disease and methods to
control the further spread of the disease in deer and elk herds, to
monitor the incidence of the disease, to support State efforts to
control the disease, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chronic Wasting Disease State
Support Act of 2002''.
SEC. 2. DEFINITION OF CHRONIC WASTING DISEASE.
In this Act, the term ``chronic wasting disease'' means the animal
disease afflicting deer and elk that--
(1) is a transmissible disease of the nervous system
resulting in distinctive lesions in the brain; and
(2) belongs to the group of diseases known as transmissible
spongiform encephalopathies, which group includes scrapie,
bovine spongiform encephalopathy, and Cruetzfeldt-Jakob
disease.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Pursuant to State and Federal law, the States retain
undisputed primacy and policy-making authority with regard to
wildlife management, and nothing in this Act interferes with or
otherwise affects the primacy of the States in managing
wildlife generally, or managing, surveying, and monitoring the
incidence of chronic wasting disease.
(2) Chronic wasting disease, the fatal neurological disease
found in cervids, is a fundamental threat to the health and
vibrancy of deer and elk populations, and the increased
occurrence of chronic wasting disease in regionally diverse
locations in recent months necessitates an escalation in
research, surveillance, monitoring, and management activities
focused on containing, managing, and eradicating this lethal
disease.
(3) As the States move to manage existing incidence of
chronic wasting disease and insulate non-infected wild and
captive cervid populations from the disease, the Federal
Government should endeavor to provide integrated and holistic
financial and technical support to these States.
(4) In its statutory role as supporting agent, relevant
Federal agencies should provide consistent, coherent, and
integrated support structures and programs for the benefit of
State wildlife and agricultural administrators, as chronic
wasting disease can move freely between captive and wild
cervids across the broad array of Federal, State, and local
land management jurisdictions.
(5) The Secretary of the Interior, the Secretary of
Agriculture, and other affected Federal authorities can provide
consistent, coherent, and integrated support systems under
existing legal authorities.
TITLE I--DEPARTMENT OF THE INTERIOR ACTIVITIES
SEC. 101. COMPUTER MODELING OF DISEASE SPREAD IN WILD CERVID
POPULATIONS.
(a) Modeling Program Required.--The Secretary of the Interior shall
establish a modeling program to predict the spread of chronic wasting
disease in wild deer and elk in the United States.
(b) Role.--Computer modeling shall be used to identify areas of
potential disease concentration and future outbreak and shall be made
available for the purposes of targeting public and private chronic
wasting disease control efforts.
(c) Data Integration.--Information shall be displayed in a GIS
format to support management use of modeling results, and shall be
displayed integrated with the following:
(1) Land use data.
(2) Soils data.
(3) Elevation data.
(4) Environmental conditions data.
(5) Wildlife data.
(6) Other data as appropriate.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $1,000,000 under this
section.
SEC. 102. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF
CHRONIC WASTING DISEASE IN WILD HERDS OF DEER AND ELK.
(a) Program Development.--Using existing authorities, the Secretary
of the Interior, acting through the United States Geological Survey,
shall conduct a surveillance and monitoring program on Federal lands
managed by the Secretary to identify--
(1) the incidence of chronic wasting disease infection in
wild herds of deer and elk;
(2) the cause and extent of the spread of the disease; and
(3) potential reservoirs of infection and vectors promoting
the spread of the disease.
(b) Tribal Assistance.--In developing the surveillance and
monitoring program for wild herds on Federal lands, the Secretary of
the Interior shall provide assistance to tribal governments or tribal
government entities responsible for managing and controlling chronic
wasting disease in wildlife on tribal lands.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $3,000,000 to establish
and support the surveillance and monitoring program.
TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES
SEC. 201. NATIONAL REPOSITORY OF INFORMATION REGARDING CHRONIC WASTING
DISEASE.
(a) Information Repository.--The United States Department of
Agriculture, using existing authorities, shall develop and maintain an
interactive, Internet-based web site that displays--
(1) surveillance and monitoring program data regarding
chronic wasting disease in both wild and captive cervid
populations and other wildlife that are collected by the
Department of Agriculture, the Department of the Interior,
other Federal agencies, and State agencies assisted under this
Act;
(2) modeling information regarding the spread of chronic
wasting disease in the United States; and
(3) other relevant information regarding chronic wasting
disease received from other sources.
(b) Information Sharing Policy.--The national repository shall be
available as a resource for Federal and State agencies responsible for
managing and controlling chronic wasting disease and for institutions
of higher education and other public or private research entities
conducting research regarding chronic wasting disease. Data from the
repository shall be made available to other Federal agencies, State
agencies and the general public upon request.
SEC. 202. SAMPLING AND TESTING PROTOCOLS.
(a) Sampling Protocol.--Within 30 days of enactment of this Act,
the Secretary of Agriculture shall release guidelines for the use by
Federal, State, tribal and local agencies for the collection of animal
tissue to be tested for chronic wasting disease. Guidelines shall
include, at a minimum, procedures for the collection and stabilization
of tissue samples for transport for laboratory assessment. Such
guidelines shall be updated as necessary.
(b) Testing Protocol.--Within 30 days of enactment of this Act, the
Secretary of Agriculture shall release a protocol to be used in the
laboratory assessment of samples of animal tissue that may be
contaminated with chronic wasting disease.
(c) Laboratory Certification.--Within 45 days of enactment of this
Act, the Secretary of Agriculture shall develop a program for the
inspection and certification of Federal and non-Federal laboratories
conducting chronic wasting disease tests.
(d) Development of New Tests.--The Secretary of Agriculture shall
accelerate research into the development of live animal tests for
chronic wasting disease, including field diagnostic tests, and the
development of testing protocols that reduce laboratory test processing
time.
SEC. 203. ERADICATION OF CHRONIC WASTING DISEASE IN HERDS OF DEER AND
ELK.
(a) Captive Herd Program Development.--The Secretary of
Agriculture, acting through the Animal and Plant Health Inspection
Service, shall develop a program to identify the rate of chronic
wasting disease infection in captive herds of deer and elk, the cause
and extent of the spread of the disease, and potential reservoirs of
infection and vectors promoting the spread of the disease.
(1) Implementation.--The Secretary of Agriculture shall
provide financial and technical assistance to States and tribal
governments to implement surveillance and monitoring program
for captive herds.
(2) Cooperation.--In developing the surveillance and
monitoring program for captive herds, the Secretary of
Agriculture shall cooperate with State agencies responsible for
managing and controlling chronic wasting disease in captive
wildlife. Grantees under this section shall submit to the
Secretary of Agriculture a plan for monitoring chronic wasting
disease in captive wildlife and reducing the risk of disease
spread through captive wildlife transport. As a condition of
awarding aid under this section, the Secretary of Agriculture
may prohibit or restrict the--
(A) movement in interstate commerce of any animal,
article, or means of conveyance if the Secretary
determines that the prohibition or restriction is
necessary to prevent the introduction or dissemination
of chronic wasting disease; and
(B) use of any means of conveyance or facility in
connection with the movement in interstate commerce of
any animal or article if the Secretary determines that
the prohibition or restriction is necessary to prevent
the introduction or dissemination of chronic wasting
disease.
(3) Coordination.--The Secretary of Agriculture, in
cooperation with the Secretary of the Interior, shall establish
uniform standards for the collection and assessment of samples
and data derived from the surveillance and monitoring program.
(b) Wild Herd Program.--The Secretary of Agriculture, acting
through the Animal and Plant Health Inspection Service, shall,
consistent with existing authority, assist States in reducing the
incidence of chronic wasting disease infection in wild herds of deer
and elk.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $2,000,000 to conduct
activities under this section.
SEC. 204. EXPANSION OF DIAGNOSTIC TESTING CAPACITY.
(a) Purpose.--Diagnostic testing will continue to be conducted on
samples collected under the surveillance and monitoring programs
regarding chronic wasting disease conducted by the States and the
Federal Government, including the programs required by this Act, but
current laboratory capacity is inadequate to process the anticipated
sample load.
(b) Upgrading of Federal Facilities.--The Secretary of Agriculture
shall provide for the upgrading of Federal laboratories to facilitate
the timely processing of samples from the surveillance and monitoring
programs required by this Act and related epidemiological investigation
in response to the results of such processing.
(c) Upgrading of Certified Laboratories.--Using the grant authority
provided under section 2(d) of the Competitive, Special and Facilities
Research Grant Act (7 U.S.C. 450i(d)), the Secretary of Agriculture
shall make grants to provide for the upgrading of laboratories
certified by the Secretary to facilitate the timely processing of
samples from surveillance and monitoring programs and related
epidemiological investigation in response to the results of such
processing.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $7,500,000 to carry out
this section.
SEC. 205. EXPANSION OF AGRICULTURAL RESEARCH SERVICE RESEARCH.
(a) Expansion.--The Secretary of Agriculture, acting through the
Agricultural Research Service, shall expand and accelerate basic
research on chronic wasting disease, including research regarding
detection of chronic wasting disease, genetic resistance, tissue
studies, and environmental studies.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $1,000,000 to carry out
this section.
SEC. 206. EXPANSION OF COOPERATIVE STATE RESEARCH, EDUCATION AND
EXTENSION SERVICE SUPPORTED RESEARCH AND EDUCATION.
(a) Research Efforts.--The Secretary of Agriculture, acting through
the Cooperative State Research, Education and Extension Service, shall
expand the grant program regarding research on chronic wasting disease.
(b) Educational Efforts.--The Secretary of Agriculture shall
provide educational outreach regarding chronic wasting disease to the
general public, industry and conservation organizations, hunters, and
interested scientific and regulatory communities.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture--
(1) $3,000,000 to carry out subsection (a); and
(2) $1,000,000 to carry out subsection (b).
TITLE III--GENERAL PROVISIONS
SEC. 301. INTERAGENCY COORDINATION.
(a) In General.--Within 60 days of enactment after the date of
enactment of this Act, the Secretary of Agriculture and the Secretary
of the Interior, shall enter into a cooperative agreement for the
purpose of coordinating actions and disbursing funds authorized under
section 302 of this title to prevent the spread of chronic wasting
disease and related diseases in the United States.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretaries shall submit to Congress a report that--
(1) describes actions that are being taken, and will be
taken, to prevent the further outbreak of chronic wasting
disease and related diseases in the United States; and
(2) contains any additional recommendations for additional
legislative and regulatory actions that should be taken to
prevent the spread of chronic wasting disease in the United
States.
SEC. 302. INTERAGENCY GRANTS FOR STATE AND TRIBAL EFFORTS TO MANAGE
CHRONIC WASTING DISEASE IN WILDLIFE.
(a) Availability of Assistance.--As a condition of the cooperative
agreement described in section 301, the Secretary of Agriculture and
the Secretary of the Interior shall develop a grant program to allocate
funds appropriated to carry out this section directly to the State
agency responsible for wildlife management in each State that petitions
the Secretary for a portion of such fund to develop and implement long
term management strategies to address chronic wasting disease in
wildlife.
(b) Funding Priorities.--In determining the amounts to be allocated
to grantees under subsection (a), priority shall be given based on the
following criteria:
(1) Relative scope of incidence of chronic wasting disease
in the State, with priority given to those jurisdictions with
the highest incidence of the disease.
(2) Expenditures on chronic wasting disease management,
monitoring, surveillance, and research, with priority given to
those States and tribal governments that have shown the
greatest financial commitment to managing, monitoring,
surveying, and researching chronic wasting disease.
(3) Comprehensive and integrated policies and programs
focused on chronic wasting disease management between involved
State wildlife and agricultural agencies and tribal
governments, with priority given to grantees that have
integrated the programs and policies of all involved agencies
related to chronic wasting disease management.
(4) Rapid response to new outbreaks of chronic wasting
disease, whether occurring in States in which chronic wasting
disease is already found or States with first infections, with
the intent of containing the disease in any new area of
infection.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this subsection.
SEC. 303. RULEMAKING.
(a) Joint Rulemaking.--To ensure that the surveillance and
monitoring programs and research programs required by this Act are
compatible and that information collection is carried out in a manner
suitable for inclusion in the national database required by section
201, the Secretary of the Interior and the Secretary of Agriculture
shall jointly promulgate rules to implement this Act.
(b) Procedure.--The promulgation of the rules shall be made without
regard to--
(1) chapter 35 of title 44, United States Code 13 (commonly
know as the ``Paperwork Reduction Act'');
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) the notice and comment provisions of section 553 of
title 5, United States Code.
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary of the Interior and the Secretary of
Agriculture shall use the authority provided under section 808 of title
5, United States Code.
(d) Relation to Other Rulemaking and Law.--The requirement for
joint rulemaking shall not be construed to require any delay in the
promulgation by the Secretary of Agriculture of rules regarding the
interstate transportation of captive deer or elk or to effect any other
rule or public law implemented by the Secretary of Agriculture or the
Secretary of the Interior regarding chronic wasting disease before the
date of the enactment of this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4846)
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text of measure as introduced: CR S4846-4848)
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