[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4111 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4111
To support research and State management efforts relating to chronic
wasting disease, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2022
Mr. Hoeven (for himself, Mr. Heinrich, Mr. Tester, Mr. Daines, Ms.
Klobuchar, Mr. Marshall, Ms. Smith, Mrs. Hyde-Smith, and Mr. Booker)
introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To support research and State management efforts relating to chronic
wasting 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 Research and
Management Act of 2022''.
SEC. 2. FINDINGS.
Congress finds that--
(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
chronic wasting disease and ensure the health of cervid
populations;
(3) because States and Indian Tribes have diverse policies
for addressing chronic wasting disease, the Federal Government,
in consultation with the Chronic Wasting Disease Task Force
established under section 104 of America's Conservation
Enhancement Act (16 U.S.C. 667h), should coordinate financial
and technical support to States and Indian 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, States retain
primacy and policymaking authority with regard to wildlife
management;
(5) under policies in effect on the date of enactment of
this Act, chronic wasting disease remains a systemic threat to
cervids; and
(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) Definitions.--In this section:
(1) Cervid.--The term ``cervid'' means any species within
the family Cervidae.
(2) Chronic wasting disease.--The term ``chronic wasting
disease'' means the animal disease afflicting cervid
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.
(3) 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 that conducts or is qualified
to conduct scientific research on chronic wasting
disease.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) 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 shall establish a program (referred to in this
subsection as the ``program'') under which the Secretary shall
offer to enter into cooperative agreements, or other legal
instruments authorized under section 10413(a)(4) of the Animal
Health Protection Act (7 U.S.C. 8312(a)(4)), (referred to in
this subsection as ``covered agreements'') 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 covered
agreements under the program, the Secretary shall give priority
to eligible entities that will conduct research on--
(A)(i) methods and products--
(I) to effectively detect infectious
chronic wasting disease prions in live cervids,
cervid excreta, the environment, and inorganic
surfaces; and
(II) to decontaminate those infectious
prions; or
(ii) testing methods that significantly improve
sensitivity and accelerate timelines for test results
on nonlive cervids;
(B) the long-term suppression or eradication of
chronic wasting disease;
(C) determination markers for genetic resistance to
chronic wasting disease and strategies for using
genetic resistance to combat the spread of chronic
wasting disease;
(D) sustainable cervid harvest management
practices--
(i) to reduce chronic wasting disease
occurrence; and
(ii) to prevent or limit spatial spread of
chronic wasting disease; or
(E) factors that contribute to local emergence of
chronic wasting disease and increased prevalence and
distribution of chronic wasting disease, including
mechanisms of disease transmission and effective
barriers to transmission.
(3) Amount of agreement.--To the maximum extent
practicable, a covered agreement entered into by the Secretary
with an eligible entity under the program shall be for an
amount that is not less than 2 percent and not more than 10
percent of the funds appropriated under subsection (h) for the
applicable fiscal year.
(4) Administrative costs by eligible entities.--An eligible
entity that enters into a covered agreement under the program
shall use not more than 10 percent of the amount of the covered
agreement for administrative costs.
(c) Support for State Efforts To Manage and Control Chronic Wasting
Disease.--
(1) In general.--Not later than 90 days after the date on
which funds are made available to carry out this section, the
Secretary shall offer to enter into cooperative agreements, or
other legal instruments authorized under section 10413(a)(4) of
the Animal Health Protection Act (7 U.S.C. 8312(a)(4)), with
eligible entities described in subparagraphs (A) and (B) of
subsection (a)(3) to provide direct financial assistance to
support the efforts of those eligible entities to develop and
implement management strategies to address chronic wasting
disease within the jurisdiction of the applicable State or
Indian Tribe.
(2) Application.--An eligible entity described in paragraph
(1) seeking direct financial assistance under this subsection
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(3) Funding priorities.--In providing direct financial
assistance under paragraph (1), the Secretary shall give
priority to eligible entities described in that paragraph that
have, with respect to the applicable State or Indian Tribe of
the eligible entity--
(A) a high 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 of chronic
wasting disease, with the intent of containing
chronic wasting disease in any new area of
infection.
(4) Rapid response.--If a State or Indian Tribe detects,
within the jurisdiction of the State or Indian Tribe, chronic
wasting disease in a cervid population that was not previously
infected, notwithstanding paragraphs (2) and (3), the Secretary
may immediately provide direct financial assistance, in an
amount to be determined by the Secretary, to support the
efforts of the State or Indian Tribe, as applicable, to
immediately control the spread of chronic wasting disease
within that cervid population.
(d) Public Education on Chronic Wasting Disease.--The Secretary, in
consultation with the eligible entities described in subparagraphs (A)
and (B) of subsection (a)(3), organizations representing the farmed
cervid industry, and organizations representing deer hunters, shall
develop and maintain materials based on the latest scientific knowledge
to educate the public on chronic wasting disease and techniques to help
prevent the spread of chronic wasting disease.
(e) Review of Herd Certification Program Standards.--Not later than
18 months after the date of enactment of this Act, the Secretary shall
publish a notice in the Federal Register soliciting public feedback on
potential updates and improvements to standards under the chronic
wasting disease herd certification program, with special consideration
given to--
(1) minimizing or eliminating the interaction of captive
and wild cervids;
(2) reviewing and updating indemnity practices, including
the use of live testing, to ensure the timely and targeted
removal of cervids with chronic wasting disease from the
landscape; and
(3) increasing participation in the chronic wasting disease
herd certification program.
(f) Rule of Construction.--Nothing in this section interferes with
or otherwise affects the authority of the Federal Government, a State,
or an Indian Tribe to manage wildlife and livestock on land within the
respective jurisdiction, including managing, surveying, and monitoring
the incidence of chronic wasting disease.
(g) Administrative Costs.--Of the funds made available under
subsection (h) for a fiscal year, the Secretary may use not more than
10 percent for administrative costs.
(h) 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 2028, to remain available until
expended.
(2) Allocation among programs.--Of the funds made available
under paragraph (1), to the maximum extent practicable, the
Secretary shall allocate an equal amount to carry out each of
subsections (b) and (c).
(3) Set-aside for wildlife agencies.--Of the funds used to
carry out subsection (c), not less than 75 percent shall be
used to provide direct financial assistance to eligible
entities described in subsection (a)(3)(B).
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)''.
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