[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5608 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
1st Session
H. R. 5608
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 9, 2021
Received; read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
AN ACT
To support research and state management efforts on chronic wasting
disease.
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 Research and
Management Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Chronic wasting disease, the fatal neurological disease
found in cervids, is a fundamental threat to the health and
vibrancy of deer, elk, and moose populations, and the increased
occurrence of chronic wasting disease in regionally diverse
locations necessitates an escalation in research, surveillance,
monitoring, and management activities focused on containing and
managing chronic wasting disease.
(2) A focus on research into the transmission of,
resistance to, diagnosis of, and epidemiology of chronic
wasting disease is needed to inform future policies to combat
the disease and ensure the health of cervid populations.
(3) Because States and Tribes have diverse policies for
addressing chronic wasting disease, the Federal Government, in
consultation with the Chronic Wasting Disease Task Force
established by section 104 of America's Conservation
Enhancement Act (Public Law 116-188), should coordinate
financial and technical support to States and Tribes, State and
Tribal departments of agriculture, State and Tribal wildlife
agencies, institutions of higher education, and research
centers conducting scientific research on chronic wasting
disease.
(4) Pursuant to State and Federal law, the States retain
primacy and policymaking authority with regard to wildlife
management.
(5) Under current policies, chronic wasting disease remains
a systemic threat to cervids.
(6) Scientific advances that lead to the ability to stop
transmission of chronic wasting disease are needed to ensure
the long-term viability of cervids.
SEC. 3. CHRONIC WASTING DISEASE RESEARCH AND MANAGEMENT PROGRAM.
(a) Research Program.--
(1) In general.--Not later than 90 days after the date on
which funds are made available to carry out this section, the
Secretary of Agriculture shall establish a program under which
the Secretary shall offer to enter into cooperative agreements
or other legal instruments, as authorized under 10413 of the
Animal Health Protection Act (7 U.S.C. 8312), with eligible
entities to conduct research on the transmission of, resistance
to, and diagnosis of chronic wasting disease.
(2) Criteria for selection.--In entering into cooperative
agreements or other legal instruments pursuant to paragraph
(1), the Secretary shall give priority to eligible entities
that shall conduct research relating to--
(A)(i) methods and products to effectively detect
infectious chronic wasting disease prions in live
cervids, cervid excreta, the environment, and inorganic
surfaces, and to decontaminate such infectious prions;
or
(ii) testing methods that significantly improve
sensitivity and accelerate timelines for test results
on non-live cervids;
(B) the long-term suppression or eradication of
chronic wasting disease; or
(C) determination markers for genetic resistance to
chronic wasting disease and strategies for using
genetic resistance to combat the spread of the disease;
(D) sustainable cervid harvest management practices
to reduce chronic wasting disease occurrence and to
prevent or limit spatial spread of chronic wasting
disease; or
(E) factors contributing to local emergence of
chronic wasting disease, increased prevalence of
chronic wasting disease, and distribution of chronic
wasting disease, including mechanisms of disease
transmission and effective barriers to transmission.
(3) Size of awards.--To the maximum extent practicable,
individual cooperative agreements or other legal instruments
entered into under paragraph (1) shall be not less than two
percent and not more than 10 percent of the funds appropriated
to carry out this section.
(4) Administrative costs by eligible entities.--Of the
amount of a cooperative agreement or other legal instrument
entered into with an eligible entity under paragraph (1), the
eligible entity may use not more than 10 percent of such
amounts for administrative costs incurred by the eligible
entity in carrying out the research described in such
paragraph.
(b) Support for State Efforts to Manage and Control Chronic Wasting
Disease.--
(1) In general.--Subject to the availability of
appropriations, the Secretary shall offer to enter into
cooperative agreements or other legal instruments, as
authorized under section 10413 of the Animal Health Protection
Act (7 U.S.C. 8312), with State or Tribal wildlife agencies and
departments of agriculture to provide direct financial
assistance to support the efforts of such State or Tribal
wildlife agencies and departments of agriculture to develop and
implement management strategies to address chronic wasting
disease within their respective jurisdiction.
(2) Application.--A State or Tribal wildlife agency or
department of agriculture seeking direct financial assistance
under this subsection shall submit to the Secretary an
application at such time and manner, and containing such
information as the Secretary may require.
(3) Funding priorities.--In allocating funds made available
to carry out this subsection for a fiscal year among State and
Tribal wildlife agencies or departments of agriculture that
submit an application for direct financial assistance under
this subsection, the Secretary shall give priority to States
and Indian tribes that have--
(A) within their respective jurisdictions, the
highest incidence of chronic wasting disease;
(B) shown the greatest financial commitment to
managing, monitoring, surveying, and researching
chronic wasting disease;
(C) comprehensive policies and programs focused on
chronic wasting disease management that have integrated
the programs and policies of all involved agencies
related to chronic wasting disease management;
(D) the greatest risk of an initial occurrence of
chronic wasting disease originating from surrounding
areas; or
(E) the greatest need for response to new outbreaks
of chronic wasting disease occurring in--
(i) areas in which chronic wasting disease
is already found; or
(ii) areas with first infections, with the
intent of containing chronic wasting disease in
any new area of infection.
(4) Rapid response.--If a State or Indian tribe detects
chronic wasting disease in a cervid population within its
jurisdiction that was not previously infected, the Secretary
may, notwithstanding paragraphs (2) and (3), immediately issue
funds made available under subsection (e), in an amount to be
determined by the Secretary, to support State and Tribal
efforts to immediately control the spread of chronic wasting
disease within that population.
(5) Public education on chronic wasting disease.--The
Secretary, in consultation with State and Tribal departments of
agriculture and wildlife agencies, organizations representing
the farmed cervid industry, and organizations representing deer
hunters, shall develop and maintain materials based on the
latest scientific knowledge to be used to educate the public on
chronic wasting disease and techniques to help prevent the
spread of the disease.
(c) Definitions.--In this section:
(1) Chronic wasting disease.--The term ``chronic wasting
disease'' means the animal disease afflicting deer, elk, and
moose populations 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
includes scrapie, bovine spongiform encephalopathy, and
Cruetzfeldt-Jakob disease.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State or Tribal department of agriculture;
(B) a State or Tribal wildlife agency;
(C) a Tribal research facility;
(D) an institution of higher education (as defined
in section 101 of the Higher Education Act (20 U.S.C.
1001)); and
(E) a research center conducting or qualified to
conduct scientific research on chronic wasting disease.
(d) Review of Herd Certification Program Standards.--Not later than
18 months after the date of the enactment of this Act, the Secretary
shall publish a notice in the Federal Register soliciting public
feedback on potential updates and improvements to the chronic wasting
disease herd certification program standards with special consideration
given to--
(1) minimizing or eliminating the interaction of captive
and wild deer;
(2) reviewing and updating indemnity practices, including
the use of live testing, to ensure the timely and targeted
removal of chronic wasting disease positive deer from the
landscape; and
(3) increasing participation in the herd certification
program.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $70,000,000 for each of
fiscal years 2022 through fiscal year 2028, to remain available
until expended.
(2) Allocation among programs.--To the extent practicable,
the Secretary shall allocate the funds made available under
paragraph (1) evenly between the research program under
subsection (a) and the management program under subsection (b).
(3) Set-aside for wildlife agencies.--The Secretary shall
ensure that, of the funds made available and allocated to carry
out subsection (b), not less than 75 percent of such funds are
made available to State or Tribal wildlife agencies.
(f) Administrative Costs.--Of the funds made available under
subsection (e) for a fiscal year to carry out this section, the
Secretary may use not more than 10 percent of such funds for
administrative costs incurred by the Secretary in carrying out this
section.
(g) Rule of Construction.--Nothing in this section shall be
construed as interfering with, or otherwise affecting, the authority of
the Federal Government or States to manage wildlife and livestock on
land within their respective jurisdictions, including managing,
surveying, and monitoring the incidence of chronic wasting disease.
SEC. 4. TECHNICAL AMENDMENT.
Section 10403(8) of the Animal Health Protection Act (7 U.S.C.
8302(8)) is amended by striking ``(25 U.S.C. 450b)'' and inserting
``(25 U.S.C. 5304)''.
Passed the House of Representatives December 8, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.