[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.