Purposes and findings relating to animal health and disease research
(a) Purposes
The purposes of this subchapter are to—
(1) promote the general welfare through the improved health and productivity of domestic livestock, poultry, aquatic animals, and other income-producing animals that are essential to the food supply of the United States and the welfare of producers and consumers of animal products;
(2) improve the health of horses;
(3) facilitate the effective treatment of, and, to the extent possible, prevent animal and poultry diseases in both domesticated and wild animals that, if not controlled, would be disastrous to the United States livestock and poultry industries and endanger the food supply of the United States;
(4) improve methods for the control of organisms and residues in food products of animal origin that could endanger the human food supply;
(5) improve the housing and management of animals to improve the well-being of livestock production species;
(6) minimize livestock and poultry losses due to transportation and handling;
(7) protect human health through control of animal diseases transmissible to humans;
(8) improve methods of controlling the births of predators and other animals; and
(9) otherwise promote the general welfare through expanded programs of research and extension to improve animal health.
(b) Findings
Congress finds that—
(1) the total animal health and disease research and extension efforts of State colleges and universities and of the Federal Government would be more effective if there were close coordination between the efforts; and
(2) colleges and universities having accredited schools or colleges of veterinary medicine and State agricultural experiment stations that conduct animal health and disease research are especially vital in training research workers in animal health and related disciplines.
Definitions
When used in this subchapter—
(1) the term "eligible institution" means an accredited school or college of veterinary medicine or a State agricultural experiment station that conducts animal health and disease research;
(2) the term "dean" means the dean of an accredited school or college of veterinary medicine;
(3) the term "director" means the director of a State agricultural experiment station which qualifies as an eligible institution; and
(4) the term "animal health research capacity" means the capacity of an eligible institution to conduct animal health and disease research, as determined by the Secretary.
Authorization to Secretary of Agriculture
(a) Authority to cooperate with, encourage, and assist States
In order to carry out the purpose of this subchapter, the Secretary is authorized to cooper ate with, encourage, and assist the States in carrying out programs of animal health and disease research at eligible institutions under sections 3195(a) and 3196 of this title in the manner hereinafter described in this subchapter.
(b) Study of animal care delivery system
(1) The Secretary shall commission the National Academy of Sciences, working through the Board on Agriculture of the National Research Council, to conduct a study of the delivery system utilized to provide farmers, including small and limited resource farmers, and ranchers with animal care and veterinary medical services, including animal drugs.
(2) The study required by this subsection shall assess opportunities to—
(A) improve the flow of information to producers regarding animal husbandry practices, and diagnostic and treatment methods, including the costs and conditions necessary for the effective use of such practices and methods;
(B) foster achievement of food safety goals; and
(C) advance the well-being and treatment of farm animals, with particular emphasis on disease prevention strategies.
(3) The study required by this subsection shall include recommendations for changes in research and extension policies or priorities, food safety programs and policies, and policies and procedures governing the approval, use, and monitoring of animal drugs.
Continuing animal health and disease, food security, and stewardship research, education, and extension programs
(a) Capacity and infrastructure program
(1) In general
In each State with one or more accredited colleges of veterinary medicine, the deans of the accredited college or colleges and the director of the State agricultural experiment station shall develop a comprehensive animal health and disease research program for the State based on the animal health research capacity of each eligible institution in the State, which shall be submitted to the Secretary for approval and shall be used for the allocation of funds available to the State under this section.
(2) Use of funds
An eligible institution allocated funds to carry out animal health and disease research under this section may only use such funds—
(A) to meet the expenses of conducting animal health and disease research, publishing and disseminating the results of such research, and contributing to the retirement of employees subject to section 331 of this title;
(B) for administrative planning and direction; and
(C) to purchase equipment and supplies necessary for conducting research described in subparagraph (A).
(3) Cooperation among eligible institutions
The Secretary, to the maximum extent practicable, shall encourage eligible institutions to cooperate in setting research priorities under this section through conducting regular regional and national meetings.
(b) Competitive grant program
(1) In general
The Secretary, for purposes of addressing the critical needs of animal agriculture, shall award competitive grants to eligible entities under which such eligible entities—
(A) conduct research—
(i) to promote food security, such as by—
(I) improving feed efficiency;
(II) improving energetic efficiency;
(III) connecting genomics, proteomics, metabolomics and related phenomena to animal production;
(IV) improving reproductive efficiency; and
(V) enhancing pre- and post-harvest food safety systems; and
(ii) on the relationship between animal and human health, such as by—
(I) exploring new approaches for vaccine development;
(II) understanding and controlling zoonosis, including its impact on food safety;
(III) improving animal health through feed; and
(IV) enhancing product quality and nutritive value; and
(B) develop and disseminate to the public tools and information based on the research conducted under subparagraph (A) and sound science.
(2) Eligible entities
An entity eligible to receive a grant under this subsection is any of the following:
(A) A State cooperative institution.
(B) An NLGCA Institution.
(3) Administration
In carrying out this subsection, the Secretary shall establish procedures—
(A) to seek and accept proposals for grants;
(B) to review and determine the relevance and merit of proposals, in consultation with representatives of the animal agriculture industry;
(C) to provide a scientific peer review of each proposal conducted by a panel of subject matter experts from Federal agencies, academic institutions, State animal health agencies, and the animal agriculture industry; and
(D) to award competitive grants on the basis of merit, quality, and relevance.
(c) Funding
(1) Authorization of appropriations
There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2014 through 2023.
(2) Reservation of funds
The Secretary shall reserve not less than $5,000,000 of the funds made available under paragraph (1) to carry out the capacity and infrastructure program under subsection (a).
(3) Initial apportionment
The amounts made available under paragraph (1) that are remaining after the reservation of funds under paragraph (2), shall be apportioned as follows:
(A) 15 percent of such amounts shall be used to carry out the capacity and infrastructure program under subsection (a).
(B) 85 percent of such funds shall be used to carry out the competitive grant program under subsection (b).
(4) Additional apportionment
The funds reserved under paragraph (2) and apportioned under paragraph (3)(A) to carry out the capacity and infrastructure program under subsection (a) shall be apportioned as follows:
(A) Four percent shall be retained by the Department of Agriculture for administration, program assistance to the eligible institutions, and program coordination.
(B) 48 percent shall be distributed among the several States in the proportion that the value of and income to producers from domestic livestock, poultry, and commercial aquaculture species in each State bears to the total value of and income to producers from domestic livestock, poultry, and commercial aquaculture species in all the States. The Secretary shall determine the total value of and income from domestic livestock, poultry, and commercial aquaculture species in all the States and the proportionate value of and income from domestic livestock, poultry, and commercial aquaculture species for each State, based on the most current inventory of all cattle, sheep, swine, horses, poultry, and commercial aquaculture species published by the Department of Agriculture.
(C) 48 percent shall be distributed among the several States in the proportion that the animal health research capacity of the eligible institutions in each State bears to the total animal health research capacity in all the States. The Secretary shall determine the animal health research capacity of the eligible institutions.
(5) Special rules for apportionment of certain funds
With respect to funds reserved under paragraph (2) and apportioned under paragraph (3)(A) to carry out the capacity and infrastructure program under subsection (a), the following shall apply:
(A) When the amount available under this section for allotment to any State on the basis of domestic livestock, poultry, and commercial aquaculture species values and incomes exceeds the amount for which the eligible institution or institutions in the State are eligible on the basis of animal health research capacity, the excess may be used, at the discretion of the Secretary, for remodeling of facilities, construction of new facilities, or increase in staffing, proportionate to the need for added research capacity.
(B) Whenever a new college of veterinary medicine is established in a State and is accredited, the Secretary, after consultation with the dean of such college and the director of the State agricultural experiment station and where applicable, deans of other accredited colleges in the State, shall provide for the reallocation of funds available to the State pursuant to paragraph (4) between the new college and other eligible institutions in the State, based on the animal health research capacity of each eligible institution.
(C) Whenever two or more States jointly establish an accredited regional college of veterinary medicine or jointly support an accredited college of veterinary medicine serving the States involved, the Secretary is authorized to make funds which are available to such States pursuant to paragraph (4) available for such college in such amount that reflects the combined relative value of, and income from, domestic livestock, poultry, and commercial aquaculture species in the cooperating States, such amount to be adjusted, as necessary, pursuant to subsection (a)(1) and subparagraph (B).
Research on national and regional animal health or disease problems
(a) Authorization of appropriations
There are authorized to be appropriated such funds as Congress may determine necessary to support research on specific national or regional animal health or disease problems, or national or regional problems relating to pre-harvest, on-farm food safety, or animal well-being, but not to exceed $35,000,000 for each of the fiscal years 1991 through 2012, and not in excess of such sums as may after September 29, 1977, be authorized by law for any subsequent fiscal year.
(b) Duration of grants
Notwithstanding the provisions of section 3197 of this title, funds appropriated under this section shall be awarded in the form of grants, for periods not to exceed five years, to State agricultural experiment stations, colleges and universities (including 1890 Institutions (as defined in section 7601 of this title)), other research institutions and organizations, Federal agencies, private organizations or corporations, and individuals.
(c) Establishment of annual priority lists for allocation of funds
In order to establish a rational allocation of funds appropriated under this section, the Secretary shall establish annually priority lists of animal health and disease, food safety, and animal well-being problems of national or regional significance. Such lists shall be prepared after consultation with the Advisory Board. Any recommendations made in connection with such consultation shall not be controlling on the Secretary's determination of priorities. In establishing such priorities, the Secretary and the Advisory Board shall consider the following factors:
(1) any health or disease problem which causes or may cause significant economic losses to any part of the livestock production industry;
(2) any food safety problem that has a significant pre-harvest (on-farm) component and is recognized as posing a significant health hazard to the consuming public;
(3) issues of animal well-being related to production methods that will improve the housing and management of animals to improve the well-being of livestock production species;
(4) whether current scientific knowledge necessary to prevent, cure, or abate such a health or disease problem is adequate; and
(5) whether the status of scientific research is such that accomplishments may be anticipated through the application of scientific effort to such health or disease problem.
(d) Assignment of priorities for grants
Without regard to any consultation under subsection (c), the Secretary shall, to the extent feasible, award grants on the basis of the priorities assigned through a peer review system. Grantees shall be selected on a competitive basis in accordance with such procedures as the Secretary may establish.
(e) Distribution of multiyear grants
In the case of multiyear grants, the Secretary shall distribute funds to grant recipients on a schedule which is reasonably related to the timetable required for the orderly conduct of the research project involved.
(f) Applicability of chapter 10 of title 5
Chapter 10 of title 5 and title XVIII of this Act [7 U.S.C. 2281 et seq.] shall not apply to a panel or board created solely for the purpose of reviewing applications or proposals submitted under this subchapter.
Availability of appropriated funds
Funds available to carry out sections 3195(a) and 3196 of this title shall be paid to each State or eligible institution at such times and in such amounts as shall be determined by the Secretary. Funds shall remain available for payment of unliquidated obligations for one additional fiscal year following the year of appropriation.
Withholding of appropriated funds
If the Secretary determines that a State is not entitled to receive its allocation of the annual appropriation under subsection (c) of section 3195 of this title to carry out subsection (a) of such section because of its failure to satisfy requirements of this subchapter or regulations issued under it, the Secretary shall withhold such amount. The facts and reasons concerning the determination and withholding shall be reported to the President; and the amount involved shall be kept separate in the Treasury until the close of the next Congress. If the next Congress does not direct such sum to be paid, it shall be carried to surplus.
Requirements for use of funds
With respect to research projects on problems of animal health and disease to be performed at eligible institutions and supported with funds allocated to the States under subsection (c) of section 3195 of this title to carry out subsection (a) of such section, the dean or director of each eligible institution shall cause to be prepared and shall review proposals for such research projects, which contain data showing compliance with the purpose in section 3191 of this title and the provisions for use of funds specified in section 3195(a) of this title, and with general guidelines for project eligibility to be provided by the Secretary. Such research proposals that are approved by the dean or director shall be submitted to the Secretary prior to assignment of funds thereto with a brief summary showing compliance with the provisions of this subtitle and the Secretary's general guidelines.
Matching funds
No funds in excess of $100,000, exclusive of the funds provided for research on specific national or regional animal health and disease problems under the provisions of section 3196 of this title, shall be paid by the Federal Government to any State under subsection (c) of section 3195 of this title to carry out subsection (a) of such section during any fiscal year in excess of the amount from non-Federal sources made available to and budgeted for expenditure by eligible institutions in the State during the same fiscal year for animal health and disease research. The Secretary is authorized to make such payments in excess of $100,000 on the certificate of the appropriate official of the eligible institution having charge of the animal health and disease research for which such payments are to be made. If any eligible institution certified for receipt of matching funds fails to make available and budget for expenditure for animal health and disease research in any fiscal year sums at least equal to the amount for which it is certified, the difference between the Federal matching funds available and the funds made available to and budgeted for expenditure by the eligible institution shall be reapportioned by the Secretary among other eligible institutions of the same State, if there are any which qualify therefor, and, if there are none, the Secretary shall reapportion such difference among the other States.
Funds appropriated or otherwise made available pursuant to other provisions of law
The sums appropriated and allocated to States and eligible institutions under subsection (c) of section 3195 of this title to carry out subsection (a) of such section or section 3196 of this title, as applicable, shall be in addition to, and not in substitution for, sums appropriated or otherwise made available to such States and institutions pursuant to other provisions of law.
Research and education grants for the study of antibiotic-resistant bacteria
(a) In general
The Secretary shall provide research and education grants, on a competitive basis—
(1) to study the development of antibiotic-resistant bacteria, including—
(A) movement of antibiotic-resistant bacteria into groundwater and surface water; and
(B) the effect on antibiotic resistance from various drug use regimens; and
(2) to study and ensure the judicious use of antibiotics in veterinary and human medicine, including—
(A) methods and practices of animal husbandry;
(B) safe and effective alternatives to antibiotics;
(C) the development of better veterinary diagnostics to improve decisionmaking; and
(D) the identification of conditions or factors that affect antibiotic use on farms.
(b) Administration
Paragraphs (4), (7), (8), and (11)(B) of subsection (b) of section 3157 of this title shall apply with respect to the making of grants under this section.
(c) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2012.
Source: United States Code / CFR (uscode.house.gov, govinfo.gov) — U.S. federal law, public domain (17 U.S.C. § 105).
