Sec. 11101. Animal Disease Preparedness and Response

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The Animal Health Protection Act is amended by inserting after section 10409A ( 7 U.S.C. 8308A ) the following new section: The Secretary shall establish a program, to be known as the National Animal Disease Preparedness and Response Program , to address the increasing risk of the introduction and spread of animal pests and diseases affecting the economic interests of the livestock and related industries of the United States, including the maintenance and expansion of export markets.

To carry out the National Animal Disease Preparedness and Response Program, the Secretary shall offer to enter into cooperative agreements, or other legal instruments, with eligible entities, to be selected by the Secretary, which may include any of the following entities, either individually or in combination: A State department of agriculture. The office of the chief animal health official of a State. A land-grant college or university or NLGCA Institution (as those terms are 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, including a veterinary emergency team at such college. A State or national livestock producer organization with direct and significant economic interest in livestock production. A State emergency agency. A State, national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Medical Association. An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )).

A Federal agency. Activities under the National Animal Disease Preparedness and Response Program shall include, to the extent practicable, the following: Enhancing animal pest and disease analysis and surveillance. Expanding outreach and education. 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 and enhancing 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 animal disease, including— veterinary biologics and diagnostics; animal drugs for minor use and minor species; and animal medical devices. Such other activities as determined appropriate by the Secretary, in consultation with eligible entities specified in subsection (b).

In entering into cooperative agreements or other legal instruments under subsection (b), the Secretary shall give priority to applications submitted by— a State department of agriculture or an office of the chief animal health official of a State; or an eligible entity that will carry out program activities in a State or region— in which an animal pest or disease is a Federal concern; or which the Secretary determines has potential for the spread of an animal pest or disease after taking into consideration— the agricultural industries in the State or region; factors contributing to animal disease or pest in the State or region, such as the climate, natural resources, and geography of, and native and exotic wildlife species and other disease vectors in, the State or region; and the movement of animals in the State or region.

For purposes of setting priorities under this subsection, the Secretary shall consult with eligible entities specified in subsection (b). The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultation carried out under this paragraph. An eligible entity specified in subsection

(b)seeking to enter into a cooperative agreement, or other legal instrument, under the National Animal Disease Preparedness and Response Program shall submit to the Secretary an application containing such information as the Secretary may require. The Secretary shall notify each applicant of— the requirements to be imposed on the recipient of funds under the Program for auditing of, and reporting on, the use of such funds; and the criteria to be used to ensure activities supported using such funds are based on sound scientific data or thorough risk assessments. When deciding whether to enter into an agreement or other legal instrument under the Program with an eligible entity described in subsection (b), the Secretary— may take into consideration an eligible entity’s ability to contribute non-Federal funds to carry out such a cooperative agreement or other legal instrument under the Program; and shall not require such an entity to make such a contribution. The recipient of funds under the National Animal Disease Preparedness and Response Program shall use the funds for the purposes and in the manner provided in the cooperative agreement, or other legal instrument, under which the funds are provided. Nothing in this section prevents an eligible entity from using funds received under the Program to enter into sub-agreements with political subdivisions of State that have legal responsibilities relating to animal disease prevention, surveillance, or rapid response. Not later than 90 days after the date of completion of an activity conducted using funds provided under the National Animal Disease Preparedness and Response Program, the recipient of such funds shall submit to the Secretary a report that describes the purposes and results of the activities. . The Animal Health Protection Act ( 7 U.S.C. 8301 et seq.) is amended by inserting after section 10409B, as added by subsection (a), the following new section: The Secretary shall establish a national vaccine bank (to be known as the National Animal Health Vaccine Bank ) for the benefit of the domestic interests of the United States and to help protect the United States agriculture and food system against terrorist attack, major disaster, and other emergencies. Through the National Animal Health Vaccine Bank, the Secretary shall— maintain sufficient quantities of animal vaccine, antiviral, therapeutic, or diagnostic products to appropriately and rapidly respond to an outbreak of those animal diseases that would have the most damaging effect on human health or the United States economy; and leverage, when appropriate, the mechanisms and infrastructure that have been developed for the management, storage, and distribution of the National Veterinary Stockpile of the Animal and Plant Health Inspection Service. The Secretary shall prioritize the acquisition of sufficient quantities of foot and mouth disease vaccine, and accompanying diagnostic products, for the National Animal Health Vaccine Bank. As part of such prioritization, the Secretary shall consider contracting with one or more entities that are capable of producing foot and mouth disease vaccine and that have surge production capacity of the vaccine. . Section 10417 of the Animal Health Protection Act ( 7 U.S.C. 8316 ) is amended by adding at the end the following new subsection: Of the funds of the Commodity Credit Corporation, the Secretary shall make available for fiscal year 2019 $250,000,000 to carry out sections 10409A, 10409B, and 10409C, of which— $30,000,000 shall be made available to carry out the National Animal Health Laboratory Network under section 10409A; $70,000,000 shall be made available to carry out the National Animal Disease Preparedness and Response Program under section 10409B; and $150,000,000 shall be made available to establish and maintain the National Animal Health Vaccine Bank under section 10409C. Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out sections 10409A, 10409B, and 10409C, $50,000,000 for each of fiscal years 2020 through 2023, of which not less than $30,000,000 shall be made available for each of those fiscal years to carry out the National Animal Disease Preparedness and Response Program under section 10409B. In addition to the funds made available under subparagraphs (A)(i) and

(B)of paragraph

(1)and funds authorized to be appropriated by subsection (a), there are authorized to be appropriated $15,000,000 for each of fiscal years 2019 through 2023 to carry out the National Animal Health Laboratory Network under section 10409A. Of the funds made available under subparagraphs (A)(i), (A)(ii), and

(B)of paragraph

(1)to carry out the National Animal Health Laboratory Network under section 10409A and the National Animal Disease Preparedness and Response Program under section 10409B, not more than 4 percent may be retained by the Secretary to pay administrative costs incurred by the Secretary. Of the funds made available under subparagraphs (A)(ii) and

(B)of such paragraph to carry out the National Animal Disease Preparedness and Response Program under section 10409B, not more than 10 percent may be retained by an eligible entity to pay administrative costs incurred by the eligible entity to carry out such program. Funds made available under this subsection, including any proceeds credited under paragraph (5), shall remain available until expended. Any proceeds of a sale of vaccine or antigen from the National Animal Health Vaccine Bank shall be— deposited into the Treasury of the United States; and credited to the account for the operation of the National Animal Health Vaccine Bank to be made available for expenditure without further appropriation. Funds made available under the National Animal Health Laboratory Network, the National Animal Disease Preparedness and Response Program, and the National Animal Health Vaccine Bank shall not be used for the construction of a new building or facility or the acquisition or expansion of an existing building or facility, including site grading and improvement and architect fees. . The heading of section 10417 of the Animal Health Protection Act ( 7 U.S.C. 8316 ) is amended to read as follows: . Section 10417 of the Animal Health Protection Act ( 7 U.S.C. 8316 ) is further amended— in subsection (a), by striking and inserting In General ; and General Authorization of Appropriations in subsection (c), by striking to carry out this subtitle and inserting pursuant to the authorization of appropriations in subsection

(a). Section 10409A of the Animal Health Protection Act ( 7 U.S.C. 8308A(d) ) is amended by striking subsection (d).

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