[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3681 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3681

   To amend the Animal Health Protection Act to establish an Animal 
   Disease and Disaster Prevention, Surveillance, and Rapid Response 
 Program and a National Livestock Vaccine Bank, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2018

  Ms. Klobuchar (for herself and Mr. Cornyn) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
   To amend the Animal Health Protection Act to establish an Animal 
   Disease and Disaster Prevention, Surveillance, and Rapid Response 
 Program and a National Livestock Vaccine Bank, 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 ``Animal Disease and Disaster 
Prevention, Surveillance, and Rapid Response Act of 2018''.

SEC. 2. ANIMAL DISEASE AND DISASTER PREVENTION, SURVEILLANCE, AND RAPID 
              RESPONSE PROGRAM.

    Section 10409A of the Animal Health Protection Act (7 U.S.C. 8308a) 
is amended--
            (1) by striking the section heading and inserting ``animal 
        disease and disaster prevention, surveillance, and rapid 
        response program.'';
            (2) in subsection (a), by striking ``section'' and 
        inserting ``subsection'';
            (3) in subsection (b)--
                    (A) by striking the subsection heading and 
                inserting ``Requirement.--'';
                    (B) in paragraph (2), by redesignating 
                subparagraphs (A) through (E) as clauses (i) through 
                (v), respectively, and indenting appropriately; and
                    (C) by redesignating paragraphs (1) through (3) as 
                subparagraphs (A) through (C), respectively, and 
                indenting appropriately;
            (4) by redesignating subsections (a) through (c) as 
        paragraphs (1) through (3), respectively, and indenting 
        appropriately;
            (5) by inserting before paragraph (1) (as so redesignated) 
        the following:
    ``(a) In General.--
            ``(1) Establishment.--To prevent the introduction into or 
        the dissemination within the United States of any pest or 
        disease of animals affecting the economic interests of the 
        livestock industry and related industries of the United States 
        (including the maintenance and expansion of export market 
        potential), the Secretary shall establish a program, to be 
        known as the `Animal Disease and Disaster Prevention, 
        Surveillance, and Rapid Response Program' (referred to in this 
        section as the `Program').
            ``(2) Activities.--The Program shall support activities to 
        prevent, detect, and rapidly respond to animal pests and 
        diseases, including--
                    ``(A) enhancing animal pest and disease analysis 
                and surveillance;
                    ``(B) expanding education and outreach;
                    ``(C) targeting domestic inspection activities at 
                vulnerable points in the safeguarding continuum;
                    ``(D) enhancing and strengthening threat 
                identification and technology;
                    ``(E) improving biosecurity;
                    ``(F) enhancing emergency response time and 
                mitigation capacity, including hiring and training 
                additional emergency response personnel;
                    ``(G) conducting technology development to enhance 
                electronic sharing of animal health data for risk 
                analysis between State and Federal animal health 
                officials;
                    ``(H) enhancing the development and effectiveness 
                of animal health technologies to treat and prevent 
                disease, including--
                            ``(i) veterinary biologics;
                            ``(ii) animal drugs for minor use and minor 
                        species; and
                            ``(iii) animal medical devices; and
                    ``(I) such other activities as the Secretary, in 
                consultation with entities with which the Secretary 
                enters into an agreement under paragraph (3), 
                determines are appropriate.
            ``(3) Cooperative agreements.--
                    ``(A) In general.--In carrying out the Program, the 
                Secretary shall offer to enter into 1 or more 
                cooperative agreements or other legal instruments with 
                1 or more entities described in subparagraph (B) to 
                carry out activities described in paragraph (2).
                    ``(B) Eligible entities.--An entity referred to in 
                subparagraph (A) is any of the following entities:
                            ``(i) A State department of agriculture.
                            ``(ii) A chief veterinary officer of a 
                        State.
                            ``(iii) A land-grant college or university 
                        or an NLGCA Institution (as those terms are 
                        defined in section 1404 of the National 
                        Agricultural Research, Extension, and Teaching 
                        Policy Act of 1977 (7 U.S.C. 3103)).
                            ``(iv) A representative of a college of 
                        veterinary medicine.
                            ``(v) A representative of a State or 
                        national livestock producer organization with a 
                        direct and significant economic interest in 
                        livestock production.
                            ``(vi) A representative of a State, 
                        national, allied, or regional veterinary 
                        organization or specialty board recognized by 
                        the American Veterinary Medical Association.
                    ``(C) Priority for states.--In entering into 
                cooperative agreements or other legal instruments under 
                subparagraph (A), the Secretary shall give priority to, 
                as appropriate--
                            ``(i) a State department of agriculture; or
                            ``(ii) the chief veterinary officer of the 
                        State.
                    ``(D) Federal advisory committee act.--The entities 
                with which the Secretary enters into an agreement under 
                subparagraph (A) shall not be considered an advisory 
                committee for purposes of the Federal Advisory 
                Committee Act (5 U.S.C. App.).
            ``(4) Consultation.--For purposes of establishing 
        priorities for activities under the Program, the Secretary 
        shall consult with entities with which the Secretary enters 
        into an agreement under paragraph (3).
    ``(b) National Animal Health Laboratory Network.--''; and
            (6) by striking subsection (d) and inserting the following:
    ``(c) National Livestock Vaccine Bank.--
            ``(1) In general.--The Secretary shall establish a National 
        Livestock Vaccine Bank.
            ``(2) Requirements.--Under the National Livestock Vaccine 
        Bank, the Secretary shall--
                    ``(A) leverage, as appropriate, the mechanisms and 
                infrastructure that have been developed for the 
                management, storage, and distribution of the National 
                Veterinary Stockpile; and
                    ``(B) maintain a sufficient quantity of animal 
                vaccine, antiviral, or therapeutic products--
                            ``(i) to appropriately respond to the most 
                        damaging animal diseases affecting human health 
                        and the economy; and
                            ``(ii) that will be capable of deployment 
                        within 24 hours of an outbreak of an animal 
                        disease described in clause (i).
            ``(3) Foot-and-mouth disease priority.--
                    ``(A) In general.--In carrying out paragraph (2), 
                the Secretary shall give priority to the maintenance of 
                a sufficient quantity of foot-and-mouth disease 
                vaccine, and accompanying diagnostic reagents, 
                covering, to the maximum extent practicable, all known 
                foot-and-mouth disease serotypes and strains for which 
                vaccine antigen concentrate is available.
                    ``(B) Contracts.--The Secretary shall offer to 
                enter into 1 or more contracts with 1 or more entities 
                that produce foot-and-mouth disease vaccine--
                            ``(i) to maintain a bank of viral antigen 
                        concentrate for, to the maximum extent 
                        practicable, all circulating foot-and-mouth 
                        disease serotypes (as determined by the 
                        Secretary) for which antigen concentrate is 
                        available; and
                            ``(ii) to maintain a sufficient surge 
                        production capacity to produce, as quickly as 
                        practicable, the quantity of foot-and-mouth 
                        disease vaccine necessary to address a foot-
                        and-mouth disease outbreak.
    ``(d) Administration.--
            ``(1) Definition.--In this subsection:
                    ``(A) Agreement.--The term `agreement' means a 
                contract, grant, cooperative agreement, or other legal 
                instrument, as applicable, entered into under 
                subsection (a) or (b).
                    ``(B) Eligible entity.--The term `eligible entity' 
                means--
                            ``(i) with respect to the Program, an 
                        entity described in subsection (a)(3)(B); and
                            ``(ii) with respect to subsection (b), an 
                        eligible laboratory (as defined in paragraph 
                        (1) of that subsection).
            ``(2) Applications.--
                    ``(A) In general.--An eligible entity seeking to 
                enter into an agreement shall submit to the Secretary 
                an application containing such information as the 
                Secretary may require.
                    ``(B) Notification.--The Secretary shall notify an 
                eligible entity that submits an application under 
                paragraph (1) of--
                            ``(i) any requirements to be imposed on the 
                        eligible entity for the auditing of, and 
                        reporting on, the use of any amounts provided 
                        by the Secretary under the agreement; and
                            ``(ii) any criteria to be used to ensure 
                        that activities carried out under the agreement 
                        are based on--
                                    ``(I) sound scientific data; or
                                    ``(II) thorough risk assessments.
                    ``(C) Consideration of non-federal share.--The 
                Secretary shall not consider the ability of an eligible 
                entity to provide non-Federal funding to carry out an 
                agreement in deciding whether to approve an application 
                submitted under paragraph (1).
            ``(3) Use of funds.--
                    ``(A) Subagreements.--Nothing in this section 
                prohibits an eligible entity from using amounts 
                received under an agreement to enter into a 
                subagreement with another organization or political 
                subdivision of a State that has legal responsibility 
                relating to animal disease and disaster prevention, 
                surveillance, or rapid response.
                    ``(B) Administrative costs.--An eligible entity 
                that receives amounts under an agreement shall use not 
                more than 10 percent of the amounts for administrative 
                costs incurred by the eligible entity, as determined by 
                the Secretary.
                    ``(C) Buildings and facilities.--None of the 
                amounts made available under this section shall be used 
                for the construction of a new building or facility or 
                the acquisition or expansion of an existing building or 
                facility (including site grading and improvement and 
                architect fees).
            ``(4) Reporting requirement.--Not later than 90 days after 
        the date of completion of an activity carried out under an 
        agreement, the eligible entity shall submit to the Secretary a 
        report that describes the purposes and results of the activity.
    ``(e) Funding.--
            ``(1) Animal disease and disaster prevention, surveillance, 
        and rapid response program.--There is authorized to be 
        appropriated to carry out the Program $70,000,000 for each 
        fiscal year.
            ``(2) National animal health laboratory network.--There is 
        authorized to be appropriated to carry out subsection (b) 
        $30,000,000 for each of fiscal years 2019 through 2023.
            ``(3) National livestock vaccine bank.--There is authorized 
        to be appropriated to carry out subsection (c) $150,000,000 for 
        each fiscal year, to remain available until expended.
            ``(4) Administrative costs.--The Secretary shall retain not 
        more than 4 percent of amounts made available under this 
        subsection to pay for administrative costs incurred by the 
        Secretary under this section.''.
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