| HR 2057 IH
108th CONGRESS
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.
(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.
END
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