Sec. 12103. National Animal Disease Preparedness, Response, and Recovery Program; National Animal Vaccine and Veterinary Countermeasures Bank
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The Animal Health Protection Act is amended by inserting after section 10409A ( 7 U.S.C. 8308a ) the following: 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 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 National Animal Disease Preparedness, Response, and Recovery Program (referred to in this subsection as the Program ).
Under the Program, the Secretary shall support activities to prevent, detect, and rapidly respond to animal pests and diseases, including— enhancing animal pest and disease analysis and surveillance; expanding education and outreach; targeting domestic inspection activities at vulnerable points in the safeguarding continuum; enhancing and strengthening threat identification and technology; improving biosecurity; enhancing emergency preparedness and response capabilities, including training additional emergency response personnel; conducting technology development to enhance electronic sharing of animal health data for risk analysis between State and Federal animal health officials; enhancing the development and effectiveness of animal health technologies to treat and prevent disease, including veterinary biologics, veterinary diagnostics, animal drugs for minor use and minor species, animal medical devices, and emerging veterinary countermeasures; and such other activities as determined appropriate by the Secretary, in consultation with entities described in paragraph (3)(B).
In carrying out the Program, the Secretary shall offer to enter into cooperative agreements or other legal instruments with entities described in subparagraph
(B)to carry out activities described in paragraph (2). The Secretary may enter into a cooperative agreement or other legal instrument under subparagraph
(A)with 1 or more of the following entities: A State department of agriculture. The State veterinarian or chief animal health official of a State. A land-grant college or university (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )). A NLGCA Institution (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )). A college of veterinary medicine. A State or national livestock producer organization with a direct and significant economic interest in livestock production. A State, national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Medical Association. An Indian tribe. A State emergency management agency. A Federal agency. In entering into cooperative agreements or other legal instruments under subparagraph (A), the Secretary shall give priority to— a State department of agriculture; the State veterinarian or chief animal health official of a State; and an eligible entity that shall carry out Program activities in a State or region in which— an animal disease or pest is a Federal concern, as determined by the Secretary; or there is potential for the spread of an animal disease or pest, as determined by the Secretary, taking into consideration— the agricultural industries in that State or region; factors contributing to animal disease or pests in that State or region, such as climate, natural resources, geography, native or exotic wildlife species, and other disease vectors; and the movement of animals in that State or region. An entity described in subparagraph
(B)desiring to enter into a cooperative agreement or other legal instrument under subparagraph
(A)shall submit to the Secretary an application at such time and containing such information as the Secretary may require. The Secretary shall notify an entity that submits an application under clause
(i)of— the requirements to be imposed on the entity for auditing of, and reporting on, the use of any funds provided by the Secretary under the cooperative agreement or other legal instrument; and the criteria to be used to ensure activities supported under the cooperative agreement or other legal instrument are based on sound scientific data or thorough risk assessments. Nothing in this section prevents an entity from using funds received under a cooperative agreement or other legal instrument under subparagraph
(A)to enter into a subagreement with another organization or a political subdivision of a State that has legal responsibilities relating to animal disease prevention, surveillance, or rapid response. In determining whether to enter into a cooperative agreement or other legal instrument with an entity under subparagraph (A), the Secretary— may consider the ability of the entity to provide non-Federal funds to carry out the cooperative agreement or other legal instrument; but shall not require the provision of non-Federal funds by an entity as a condition to enter into a cooperative agreement or other legal instrument. Of amounts made available to carry out the Program, not more than 10 percent may be retained by an entity that receives funds under a cooperative agreement or other legal instrument under subparagraph (A), including a subagreement under clause (i), to pay administrative costs incurred by the entity in carrying out the cooperative agreement or other legal instrument. The Secretary shall consult with entities described in paragraph (3)(B) in establishing priorities under the Program. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any consultation by the Secretary with an entity described in paragraph (3)(B) under the Program. Not later than 90 days after the date on which an entity completes an activity prescribed and funded by a cooperative agreement or other legal instrument under paragraph (3)(A), the entity shall submit to the Secretary a report that describes the purposes and results of the activity. The Secretary shall establish a National Animal Vaccine and Veterinary Countermeasures Bank to benefit the domestic interests of the United States. Under the National Animal Vaccine and Veterinary Countermeasures Bank, the Secretary shall— leverage, as appropriate, the mechanisms and infrastructure that have been developed for the management, storage, and distribution of the National Veterinary Stockpile; and maintain a sufficient quantity of animal vaccine, antiviral, therapeutic products, diagnostic products, and veterinary countermeasures— to appropriately respond to the most damaging animal diseases affecting human health or the economy; and that will be capable of rapid deployment in the event of an outbreak of an animal disease described in clause (i). In carrying out paragraph (2), the Secretary shall give priority to the maintenance of a sufficient quantity of foot-and-mouth disease vaccine, as determined by the Secretary, and accompanying diagnostic products, covering, to the maximum extent practicable, an appropriate representation of foot-and-mouth disease serotypes and strains for which appropriate vaccine products are available. The Secretary may offer to enter into 1 or more contracts with 1 or more entities that produce foot-and-mouth disease vaccine— to maintain a bank of viral antigen concentrate or vaccine products for, to the maximum extent practicable, an appropriate representation of foot-and-mouth disease serotypes (as determined by the Secretary) for which antigen concentrate is available; and to maintain surge production capacity to produce, as quickly as practicable, foot-and-mouth disease vaccine to address a foot-and-mouth disease outbreak. Of amounts made available to carry out this section, not greater than 4 percent may be retained by the Secretary to pay administrative costs incurred by the Secretary in carrying out this section. None of the amounts made available to carry out this section shall be used for— the construction of a new building or facility; the acquisition or expansion of an existing building or facility; site grading and improvement; or architect fees. The proceeds from the sale of any vaccine or antigen by the National Animal Vaccine and Veterinary Countermeasures Bank shall— be deposited in the Treasury; be credited to an account for the operation of the National Animal Vaccine and Veterinary Countermeasures Bank; be available for expenditure without further appropriation; and remain available until expended. There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended. .
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Sec. 12103
National Animal Disease Preparedness, Response, and Recovery Program; National Animal Vaccine and Veterinary Countermeasures Bank
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