[House Report 117-202]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                   {      117-202

======================================================================



 
          CHRONIC WASTING DISEASE RESEARCH AND MANAGEMENT ACT

                                _______
                                

December 7, 2021.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. David Scott of Georgia, from the Committee on Agriculture, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5608]

    The Committee on Agriculture, to whom was referred the bill 
(H.R. 5608) to support research and state management efforts on 
chronic wasting disease, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                           Brief Explanation

    This legislation authorizes $70 million annually from 
Fiscal Year 2022 through Fiscal Year 2028 to be divided equally 
between research and management projects regarding chronic 
wasting disease (CWD). USDA will administer the funds through 
cooperative agreements. The bill also requires the development 
of educational materials to inform the public on CWD and 
directs USDA to review its CWD herd certification program (HCP) 
standards within 18 months.

                    Purpose and Need for Legislation

    CWD is a contagious neurological disease affecting cervids 
(deer, elk and moose). Since first being documented in 1967, 
CWD has spread to 27 states throughout the U.S. CWD is in the 
family of diseases known as transmissible spongiform 
encephalopathies (TSE). Unlike other infectious diseases, TSEs 
are not caused by bacteria or viruses, but rather by a 
naturally occurring protein, that when folded incorrectly, 
becomes both infectious and deadly. The exact mechanism of 
disease transmission is unclear, although evidence suggests CWD 
is transmitted directly from one animal to another through 
bodily fluids and tissues. Unfortunately, there is currently no 
cure or preventative measure, such as a vaccine, available for 
CWD. Because other diseases may present in a similar manner, 
post mortem testing is required to verify the disease. CWD is 
of increasing concern for wildlife managers, sportsmen, and 
captive cervid farmers across the country.
    The bill is designed to help address these concerns by 
promoting a better scientific understanding of CWD, the 
development of improved diagnostic tools, and other mitigation 
and management strategies to help combat the disease. More 
specifically, the research section of the bill authorizes funds 
to be spent on: (1) methods to effectively detect CWD in live 
cervids and the environment; (2) testing methods on non-live 
cervids; (3) genetic resistance to CWD; (4) sustainable cervid 
harvest management practices to reduce CWD occurrence; and (5) 
factors contributing to local emergence of CWD. The management 
section authorizes funding for State or Tribal wildlife 
agencies and departments of agriculture with the following 
funding priorities: (1) areas with the highest incidence of 
CWD; (2) jurisdictions demonstrating the greatest financial 
commitment to managing, monitoring, surveying, and researching 
chronic CWD; (3) efforts to develop comprehensive policies and 
programs focused on CWD management; (4) areas showing the 
greatest risk of an initial occurrence of CWD; and (5) areas 
responding to new outbreaks of CWD.

     H.R. 5608, Chronic Wasting Disease Research and Management Act


                           SECTION-BY-SECTION

Section 1. Short title

    Section 1 provides the short title of the bill as the 
``Chronic Wasting Disease Research and Management Act.''

Section 2. Findings

    Section 2 describes a series of findings of Congress 
related to chronic wasting disease.

Section 3. Chronic wasting disease research and management program

    Subsection (a) paragraph (1) requires the Secretary of 
Agriculture to establish a program to enter into cooperative 
agreements with eligible entities to conduct research on the 
transmission of, resistance to, and diagnosis of chronic 
wasting disease. Paragraph (2) describes the type of research 
that the Secretary shall give priority to when entering into 
cooperative agreements with eligible entities. Paragraph (3) 
requires, to the maximum extent practicable, that the funds 
awarded to individual cooperative agreements shall be at least 
two percent and not more than 10 percent of the funds 
appropriated. Paragraph (4) allows the eligible entities to use 
not more than 10 percent of funds awarded for administrative 
costs.
    Subsection (b) paragraph (1) requires the Secretary to 
enter into cooperative agreements with State or Tribal wildlife 
agencies and departments of agriculture to provide direct 
financial assistance in support of their effort to develop and 
implement strategies to address chronic wasting disease, 
subject to the availability of appropriations. Paragraph (2) 
requires State or Tribal wildlife agency or department of 
agriculture to submit an application to receive financial 
assistance. Paragraph (3) requires the Secretary to give 
priority to States and Indian Tribes that have: (1) the highest 
occurrence of chronic wasting disease; (2) shown the greatest 
financial commitment to managing, monitoring, surveying, and 
researching chronic wasting disease; (3) policies and programs 
focused on chronic wasting disease management and integrated 
them with all involved agencies; (4) the greatest risk of 
initial occurrence of chronic wasting disease originating from 
surrounding areas; or (5) the greatest need for response to new 
outbreaks of chronic wasting disease. Paragraph (4) allows the 
Secretary to immediately issue funds to a State or Indian Tribe 
that was not previously infected. Paragraph (5) requires the 
Secretary, in consultation with State and Tribal departments of 
agriculture and wildlife agencies, to develop and maintain 
materials based on the latest scientific knowledge to educate 
the public on chronic wasting disease.
    Subsection (c) defines the term ``chronic wasting disease'' 
as the animal disease affecting deer, elk, and moose 
populations that is a transmissible disease of the nervous 
system resulting in distinctive lesions in the brain and 
belongs to the group of diseases known as transmissible 
spongiform encephalopathies, which includes scrapie, bovine 
spongiform encephalopathy, and Creutzfeldt-Jakob disease. The 
subsection also defines ``eligible entity'' as a State or 
Tribal department of agriculture, a State or Tribal wildlife 
agency, a Tribal research facility, an institution of higher 
education, and a research center conducting or qualified to 
conduct scientific research on chronic wasting disease.
    Subsection (d) requires the Secretary to publish a notice 
in the Federal Register within 18 months of the date of 
enactment to solicit public feedback on potential updates and 
improvements to the chronic wasting disease heard certificate 
program standards.
    Subsection (e) authorizes $70 million for each of Fiscal 
Years 2022 through 2028 to be allocated evenly between research 
programs and management programs. Not less than 75 percent of 
management program funding shall be made available to State or 
Tribal wildlife agencies.
    Subsection (f) requires that not more than 10 percent of 
funds be for administrative costs.
    Subsection (g) requires that nothing in this section be 
construed as interfering with the authority of the Federal 
Government or States to manage wildlife and livestock on land 
within their jurisdiction.

Section 4. Technical amendment

    Section 4 provides a technical amendment to section 
10403(8) of the Animal Health Protection Act.

                        Committee Consideration


                           I. FULL COMMITTEE

    On October 21, 2021, the Committee on Agriculture met 
pursuant to notice, with a quorum present, to consider H.R. 
5608, the Chronic Wasting Disease Research and Management Act. 
Chairman Scott made an opening statement as did Ranking Member 
Thompson. Chairman Scott requested other Members submit their 
opening statements for the record. Without objection, H.R. 5608 
was placed before the Committee for consideration, a first 
reading of the bill was waived, and it was opened for amendment 
at any point.
    Chairman Scott recognized Ranking Member Thompson, the 
bill's sponsor to speak on the bill. Discussion occurred and 
without objection, the Committee considered the bill. There 
being no amendments, a voice vote was conducted, and the bill 
was reported favorably from the Committee.
    At the conclusion of the meeting, Chairman Scott advised 
Members that pursuant to the Rules of the House of 
Representatives, Members had until October 28, 2021, to file 
any supplemental, additional, dissenting, or minority views 
with the Committee. Without objection, staff was given 
permission to make any necessary technical, clarifying, or 
conforming changes to reflect the intent of the Committee. 
Chairman Scott thanked all the Members and adjourned the 
meeting.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the House of 
Representatives, H.R. 5608 was reported by voice vote with a 
majority quorum present. There was no request for a recorded 
vote.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the descriptive portions of this report.

          Cost of Legislation and the Congressional Budget Act

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of the Congressional Budget Office. The Committee 
adopts as its own cost estimate the forthcoming cost estimate 
of the Director of the Congressional Budget Office, should such 
cost estimate be made available before House passage of the 
bill.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. Congressional Budget Office staff 
has informed the Committee on a preliminary, informal, 
nonbinding basis that there does not appear to be any direct 
spending associated with the bill.

                   Constitutional Authority Statement

    The Committee finds the Constitutional authority for this 
legislation in Article I, section 8, clause 18, that grants 
Congress the power to make all laws necessary and proper for 
carrying out the powers vested by Congress in the consideration 
of the United States or in any department or officer thereof. 
The Committee further finds the Constitutional authority for 
the legislation in Article, section 8, clause 1, that grants 
Congress the authority to provide for the general welfare of 
the United States.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the House of 
Representatives, the performance goals and objectives of this 
measure are to support research and state management efforts on 
chronic wasting disease.

                      Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                           Earmark Statement

    This measure does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(e), 9(f), or 9(g) of rule XXI of the House of 
Representatives.

                    Duplication of Federal Programs

    This measure does not establish or reauthorize a program of 
the Federal Government known to be duplicative of another 
Federal program, a program that was included in any report from 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program in the most recent Catalog of Federal Domestic 
Assistance.

                  Disclosure of Directed Rule Makings

    The Committee does not believe that the legislation directs 
an Executive Branch official to conduct any specific rule 
making proceedings within the meaning of 5 U.S.C. 551.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      ANIMAL HEALTH PROTECTION ACT


TITLE X--MISCELLANEOUS

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Subtitle E--Animal Health Protection

           *       *       *       *       *       *       *


SEC. 10403. DEFINITIONS.

   In this subtitle:
          (1) Animal.--The term ``animal'' means any member of 
        the animal kingdom (except a human).
          (2) Article.--The term ``article'' means any pest or 
        disease or any material or tangible object that could 
        harbor a pest or disease.
          (3) Disease.--The term ``disease'' has the meaning 
        given the term by the Secretary.
          (4) Enter.--The term ``enter'' means to move into the 
        commerce of the United States.
          (5) Export.--The term ``export'' means to move from a 
        place within the territorial limits of the United 
        States to a place outside the territorial limits of the 
        United States.
          (6) Facility.--The term ``facility'' means any 
        structure.
          (7) Import.--The term ``import'' means to move from a 
        place outside the territorial limits of the United 
        States to a place within the territorial limits of the 
        United States.
          (8) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act [(25 U.S.C. 
        450b)] (25 U.S.C. 5304).
          (9) Interstate commerce.--The term ``interstate 
        commerce'' means trade, traffic, or other commerce--
                  (A) between a place in a State and a place in 
                another State, or between places within the 
                same State but through any place outside that 
                State; or
                  (B) within the District of Columbia or any 
                territory or possession of the United States.
          (10) Livestock.--The term ``livestock'' means all 
        farm-raised animals.
          (11) Means of conveyance.--The term ``means of 
        conveyance'' means any personal property used for or 
        intended for use for the movement of any other personal 
        property.
          (12) Move.--The term ``move'' means--
                  (A) to carry, enter, import, mail, ship, or 
                transport;
                  (B) to aid, abet, cause, or induce carrying, 
                entering, importing, mailing, shipping, or 
                transporting;
                  (C) to offer to carry, enter, import, mail, 
                ship, or transport;
                  (D) to receive in order to carry, enter, 
                import, mail, ship, or transport;
                  (E) to release into the environment; or
                  (F) to allow any of the activities described 
                in this paragraph.
          (13) Pest.--The term ``pest'' means any of the 
        following that can directly or indirectly injure, cause 
        damage to, or cause disease in livestock:
                  (A) A protozoan.
                  (B) A plant.
                  (C) A bacteria.
                  (D) A fungus.
                  (E) A virus or viroid.
                  (F) An infectious agent or other pathogen.
                  (G) An arthropod.
                  (H) A parasite.
                  (I) A prion.
                  (J) A vector.
                  (K) Any organism similar to or allied with 
                any of the organisms described in this 
                paragraph.
          (14) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture.
          (15) State.--The term ``State'' means any of the 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, Guam, the Commonwealth of the Northern 
        Mariana Islands, the Virgin Islands of the United 
        States, or any territory or possession of the United 
        States.
          (16) This subtitle.--Except when used in this 
        section, the term ``this subtitle'' includes any 
        regulation or order issued by the Secretary under the 
        authority of this subtitle.
          (17) United states.--The term ``United States'' means 
        all of the States.
          (18) Veterinary countermeasure.--The term 
        ``veterinary countermeasure'' means any biological 
        product (including an animal vaccine or diagnostic), 
        pharmaceutical product (including a therapeutic), non-
        pharmaceutical product (including a disinfectant), or 
        other product or equipment to prevent, detect, respond 
        to, or mitigate harm to public or animal health 
        resulting from, animal pests or diseases.

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