Directs the Secretary of the Interior to establish and maintain the official national database for surveillance and monitoring data regarding chronic wasting disease. Makes the database available to Federal and State agencies, Indian tribes, foreign governments, institutions of higher education, and international wildlife authorities.
Directs the Secretary of the Interior (through the U.S. Geological Survey) and the Secretary of Agriculture (through the Animal and Plant Health Inspection Service) to develop surveillance and monitoring programs to identify: (1) the rate of infection; (2) the cause and extent of the spread of the disease; and (3) areas promoting spread of the disease.
Directs the Secretary of the Interior to allocate funds to State and tribal agencies for developing and implementing disease management strategies based upon: (1) the relative scope of incidence of the disease; (2) expenditures on disease management; (3) comprehensive and integrated programs for disease management between wildlife and agricultural agencies; and (4) rapid response to outbreaks.
Directs the Secretary of the Interior (through the U.S. Geological Survey) to expand and accelerate research on 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 programs.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2057 Introduced in House (IH)]
1st Session
H. R. 2057
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 HOUSE OF REPRESENTATIVES
May 9, 2003
Mr. McInnis (for himself, Mr. Green of Wisconsin, Mr. Ryan of
Wisconsin, Mr. Sensenbrenner, Mr. Petri, and Mrs. Musgrave) introduced
the following bill; which was referred to the Committee on Resources,
and in addition to the Committee on Agriculture, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide for a multi-agency cooperative effort to encourage further
research regarding the causes of chronic wasting disease and methods to
control the further spread of the disease in deer and elk herds, to
monitor the incidence of the disease, to support State efforts to
control the disease, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chronic Wasting Disease Support for
States Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Chronic wasting disease.--The term ``chronic wasting
disease'' means the animal disease afflicting deer and elk
that--
(A) is a transmissible disease of the nervous
system resulting in distinctive lesions in the brain;
and
(B) belongs to the group of diseases known as
transmissible spongiform encephalopathies, which group
includes scrapie, bovine spongiform encephalopathy, and
Cruetzfeldt-Jakob disease.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
SEC. 3. FINDINGS.
Congress finds the following:
(1) Pursuant to State and Federal law, the States retain
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 and managing this lethal disease.
(3) As the States move to manage existing levels of chronic
wasting disease and insulate noninfected wild and captive
cervid populations from the disease, the Federal Government
should endeavor to provide integrated and holistic financial
and technical support to these States.
(4) 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, tribal,
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. NATIONAL DATABASE REGARDING CHRONIC WASTING DISEASE.
(a) Information Repository.--The Secretary of the Interior, acting
through the United States Geological Survey and using existing
authorities, shall establish and maintain the official national
database for--
(1) surveillance and monitoring data regarding chronic
wasting disease in both wild and captive cervid populations and
other wildlife that is collected by the Department of the
Interior, the Department of Agriculture, other Federal
agencies, foreign governments, Indian tribes, and State
agencies assisted under this Act; and
(2) other relevant information regarding chronic wasting
disease received from other sources, including cooperation with
foreign governments.
(b) Information Source.--The national database shall be available
as a resource for--
(1) Federal and State agencies, Indian tribes, and foreign
governments attempting to manage and control chronic wasting
disease;
(2) institutions of higher education and other public or
private research entities conducting research regarding chronic
wasting disease; and
(3) cooperating international wildlife authorities.
(c) Relationship to Department of Agriculture Information
Collection.--The data collected by the Department of Agriculture under
title II shall be placed in the national database.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $1,500,000 to establish
and maintain the national database. Funds appropriated pursuant to this
authorization of appropriations shall remain available until expended.
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 develop a national surveillance and monitoring program to
identify--
(1) the rate 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) Implementation.--The Secretary of the Interior shall provide
financial and technical assistance to States and Indian tribes to
implement the surveillance and monitoring program for wild herds.
(c) Cooperation.--In developing the surveillance and monitoring
program for wild herds, the Secretary of the Interior shall consult and
cooperate with State and tribal agencies responsible for managing and
controlling chronic wasting disease.
(d) Coordination.--The Secretary of the Interior, in cooperation
with the Secretary of Agriculture, shall establish uniform standards
for the collection and assessment of samples and data derived from the
surveillance and monitoring program.
(e) 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. Funds appropriated
pursuant to this authorization of appropriations shall remain available
until expended.
SEC. 103. SUPPORT FOR STATE EFFORTS TO MANAGE AND CONTROL CHRONIC
WASTING DISEASE.
(a) Availability of Assistance.--The Secretary of the Interior,
acting through the United States Geological Survey, shall allocate
funds appropriated to carry out this section directly to the State or
tribal agency responsible for wildlife management for a State or Indian
tribe that petitions the Secretary for a portion of such funds to
develop and implement management strategies to address chronic wasting
disease on lands administered by the State or Indian tribe.
(b) Funding Priorities.--In determining the amounts to be allocated
to States and Indian tribes under subsection (a), the Secretary of the
Interior shall give priority to States and Indian tribes based on the
following criteria:
(1) Relative scope of incidence of chronic wasting disease
on lands administered by the State or Indian tribe, with
priority given to those States and Indian tribes with the
highest incidence of the disease.
(2) State or tribal expenditures on chronic wasting disease
management, monitoring, surveillance, and research, with
priority given to those States and Indian tribes that have
shown the greatest financial commitment to managing,
monitoring, surveying, and researching chronic wasting disease.
(3) Comprehensive and integrated State or tribal policies
and programs focused on chronic wasting disease management
between involved State or tribal wildlife and agricultural
agencies, with priority given to those States and Indian tribes
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 areas in which chronic wasting
disease is already found or areas 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 to the Secretary of the Interior $10,000,000 to support
State and tribal efforts to manage and control chronic wasting disease.
Funds appropriated pursuant to this authorization of appropriations
shall remain available until expended.
SEC. 104. EXPANSION OF UNITED STATES GEOLOGICAL SURVEY RESEARCH.
(a) Expansion.--The Secretary of Interior, acting through the
United States Geological Survey, shall expand and accelerate 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 the Interior $3,000,000 to carry out
subsection (a). Funds appropriated pursuant to this authorization of
appropriations shall remain available until expended.
TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES
SEC. 201. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF
CHRONIC WASTING DISEASE IN CAPTIVE HERDS OF DEER AND ELK.
(a) Program Development.--The Secretary of Agriculture, acting
through the Animal and Plant Health Inspection Service, shall develop a
surveillance and monitoring program to identify--
(1) the rate of chronic wasting disease infection in
captive 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) Implementation.--The Secretary of Agriculture shall provide
financial and technical assistance to States and Indian tribes to
implement the surveillance and monitoring program for captive herds.
(c) Cooperation.--In developing the surveillance and monitoring
program for captive herds, the Secretary of Agriculture shall cooperate
with State and tribal agencies responsible for managing and controlling
chronic wasting disease.
(d) 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.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $2,000,000 to establish
and support the surveillance and monitoring program. Funds appropriated
pursuant to this authorization of appropriations shall remain available
until expended.
SEC. 202. EXPANSION OF DIAGNOSTIC TESTING CAPACITY.
(a) Purpose.--Diagnostic testing of samples collected under the
surveillance and monitoring programs regarding chronic wasting disease
conducted by the Federal Government and States and Indian tribes,
including the programs required by sections 102 and 201, will continue
to be conducted by National Veterinary Services Laboratories of the
Animal and Plant Health Inspection Service and laboratories approved by
the National Veterinary Services Laboratories, 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 sections 102 and 201 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 to be
certified by the Secretary to facilitate the timely processing of
samples from the surveillance and monitoring programs required by
sections 102 and 201 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 $2,500,000 to carry out
this section. Funds appropriated pursuant to this authorization of
appropriations shall remain available until expended.
SEC. 203. EXPANSION OF AGRICULTURAL RESEARCH SERVICE RESEARCH.
(a) Expansion.--The Secretary of Agriculture, acting through the
Agricultural Research Service, shall expand and accelerate 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
subsection (a). Funds appropriated pursuant to this authorization of
appropriations shall remain available until expended.
SEC. 204. 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 $4,000,000 to carry out
this section. Of the funds so appropriated, 75 percent shall be used to
carry out subsection (a) and 25 percent shall be used to carry out
subsection (b). Funds appropriated pursuant to this authorization of
appropriations shall remain available until expended.
TITLE III--GENERAL PROVISIONS
SEC. 301. 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
101, the Secretary of the Interior and the Secretary of Agriculture
shall jointly promulgate rules to implement this Act.
(b) Procedure.--Due to the serious consequences of an unchecked
chronic wasting disease epidemic, prompt implementation of this Act is
required. The promulgation of the rules under subsection (a) shall be
made without regard to--
(1) chapter 35 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.--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 any other rule by
the Secretary of Agriculture or the Secretary of the Interior regarding
chronic wasting disease proposed before the date of the enactment of
this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Executive Comment Requested from Interior.
Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
Referred to the Subcommittee on Conservation, Credit, Rural Development and Research.
Subcommittee Hearings Held.
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