[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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