7 U.S.C. § 3195 — Continuing animal health and disease,

Page 1604 TITLE 7—AGRICULTURE § 3194 ate with, encourage, and assist the States in carrying out programs of animal health and dis- ease research at eligible institutions under sec- tions 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 Na- tional Academy of Sciences, working through the Board on Agriculture of the National Re- search Council, to conduct a study of the deliv- ery system utilized to provide farmers, includ- ing small and limited resource farmers, and ranchers with animal care and veterinary med- ical services, including animal drugs. (2) The study required by this subsection shall assess opportunities to— (A) improve the flow of information to pro- ducers regarding animal husbandry practices, and diagnostic and treatment methods, includ- ing 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 dis- ease prevention strategies. (3) The study required by this subsection shall include recommendations for changes in re- search and extension policies or priorities, food safety programs and policies, and policies and procedures governing the approval, use, and monitoring of animal drugs. (Pub. L. 95–113, title XIV, § 1431, Sept. 29, 1977, 91 Stat. 1002; Pub. L. 101–624, title XVI, § 1611(a), Nov. 28, 1990, 104 Stat. 3720; Pub. L. 113–79, title VII, § 7111(b)(3)(A), Feb. 7, 2014, 128 Stat. 874.) Editorial Notes AMENDMENTS 2014—Subsec. (a). Pub. L. 113–79 inserted ‘‘under sec- tions 3195(a) and 3196 of this title’’ after ‘‘eligible insti- tutions’’. 1990—Pub. L. 101–624 amended section catchline gen- erally, designated existing provisions as subsec. (a), in- serted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amend- ment note under section 1307 of this title. § 3194. Repealed. Pub. L. 104–127, title VIII, § 854, Apr. 4, 1996, 110 Stat. 1172 Section, Pub. L. 95–113, title XIV, § 1432, Sept. 29, 1977, 91 Stat. 1002; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–98, title XIV, § 1428, Dec. 22, 1981, 95 Stat. 1309; Pub. L. 99–198, title XIV, § 1414(a), Dec. 23, 1985, 99 Stat. 1549; Pub. L. 101–624, title XVI, § 1611(b), Nov. 28, 1990, 104 Stat. 3721; Pub. L. 102–237, title IV, § 402(8), Dec. 13, 1991, 105 Stat. 1863, related to establish- ment of Animal Health Science Research Advisory Board. § 3195. 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 di- rector 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 ca- pacity 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 sec- tion. (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, pub- lishing 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 direc- tion; 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 prac- ticable, 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 vac- cine development; (II) understanding and controlling zo- onosis, including its impact on food safe- ty; (III) improving animal health through feed; and (IV) enhancing product quality and nu- tritive 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. Page 1605 TITLE 7—AGRICULTURE § 3195 (B) An NLGCA Institution. (3) Administration In carrying out this subsection, the Sec- retary 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 in- dustry; (C) to provide a scientific peer review of each proposal conducted by a panel of sub- ject matter experts from Federal agencies, academic institutions, State animal health agencies, and the animal agriculture indus- try; 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 in- frastructure program under subsection (a). (3) Initial apportionment The amounts made available under para- graph (1) that are remaining after the reserva- tion of funds under paragraph (2), shall be ap- portioned as follows: (A) 15 percent of such amounts shall be used to carry out the capacity and infra- structure 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 administra- tion, program assistance to the eligible in- stitutions, 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 do- mestic livestock, poultry, and commercial aquaculture species in each State bears to the total value of and income to producers from domestic livestock, poultry, and com- mercial aquaculture species in all the States. The Secretary shall determine the total value of and income from domestic livestock, poultry, and commercial aqua- culture species in all the States and the pro- portionate value of and income from domes- tic livestock, poultry, and commercial aqua- culture species for each State, based on the most current inventory of all cattle, sheep, swine, horses, poultry, and commercial aquaculture species published by the Depart- ment of Agriculture. (C) 48 percent shall be distributed among the several States in the proportion that the animal health research capacity of the eligi- ble 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 para- graph (2) and apportioned under paragraph (3)(A) to carry out the capacity and infrastruc- ture program under subsection (a), the fol- lowing 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, propor- tionate to the need for added research capac- ity. (B) Whenever a new college of veterinary medicine is established in a State and is ac- credited, the Secretary, after consultation with the dean of such college and the direc- tor of the State agricultural experiment sta- tion and where applicable, deans of other ac- credited 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 re- search 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 avail- able 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, poul- try, and commercial aquaculture species in the cooperating States, such amount to be adjusted, as necessary, pursuant to sub- section (a)(1) and subparagraph (B). (Pub. L. 95–113, title XIV, § 1433, Sept. 29, 1977, 91 Stat. 1003; Pub. L. 97–98, title XIV, § 1429, Dec. 22, 1981, 95 Stat. 1309; Pub. L. 99–198, title XIV, § 1414(b), Dec. 23, 1985, 99 Stat. 1549; Pub. L. 101–624, title XVI, § 1601(b)(1), Nov. 28, 1990, 104 Stat. 3703; Pub. L. 104–127, title VIII, § 811, Apr. 4, 1996, 110 Stat. 1165; Pub. L. 105–185, title III, § 301(a)(7), title VI, § 606(d)(2), June 23, 1998, 112 Stat. 562, 604; Pub. L. 107–171, title VII, § 7107, May 13, 2002, 116 Stat. 432; Pub. L. 110–234, title VII, §§ 7117, 7118, May 22, 2008, 122 Stat. 1221, 1222; Pub. L. 110–246, § 4(a), title VII, §§ 7117, 7118, June 18, 2008, 122 Stat. 1664, 1983; Pub. L. 113–79, title VII, § 7111(a), Feb. 7, 2014, 128 Stat. 871; Pub. L. 115–334, title VII, § 7113, Dec. 20, 2018, 132 Stat. 4785.) Page 1606 TITLE 7—AGRICULTURE § 3196 Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2018—Subsec. (c)(1). Pub. L. 115–334 substituted ‘‘2023’’ for ‘‘2018’’. 2014—Pub. L. 113–79 amended section generally. Prior to amendment, section related to continuing animal health and disease research programs at eligible insti- tutions. 2008—Subsec. (a). Pub. L. 110–246, § 7117, substituted ‘‘2012’’ for ‘‘2007’’. Subsec. (g). Pub. L. 110–246, § 7118, added subsec. (g). 2002—Subsec. (a). Pub. L. 107–171 substituted ‘‘2007’’ for ‘‘2002’’. 1998—Subsec. (a). Pub. L. 105–185, § 301(a)(7), sub- stituted ‘‘2002’’ for ‘‘1997’’ in first sentence. Subsec. (b)(3). Pub. L. 105–185, § 606(d)(2), struck out ‘‘with the advice, when available, of the Board’’ before period at end of second sentence. 1996—Subsec. (a). Pub. L. 104–127, § 811(1), substituted ‘‘1997’’ for ‘‘1995’’ in first sentence. Subsec. (b)(2). Pub. L. 104–127, § 811(2), substituted ‘‘domestic livestock, poultry, and commercial aqua- culture species’’ for ‘‘domestic livestock and poultry’’ wherever appearing, and ‘‘horses, poultry, and commer- cial aquaculture species’’ for ‘‘horses, and poultry’’ in second sentence. Subsecs. (d), (f). Pub. L. 104–127, § 811(3), (4), sub- stituted ‘‘domestic livestock, poultry, and commercial aquaculture species’’ for ‘‘domestic livestock and poul- try’’. 1990—Subsec. (a). Pub. L. 101–624 substituted ‘‘for each of the fiscal years 1991 through 1995,’’ for ‘‘annu- ally for the period beginning October 1, 1981, and ending September 30, 1990,’’. 1985—Subsec. (a). Pub. L. 99–198 substituted ‘‘1990’’ for ‘‘1985’’. 1981—Subsec. (a). Pub. L. 97–98 substituted ‘‘as Con- gress may determine necessary to support continuing animal health and disease research programs at eligible institutions, but not to exceed $25,000,000 annually for the period beginning October 1, 1981, and ending Sep- tember 30, 1985, and not in excess of such sums as may after September 29, 1977, be authorized by law for any subsequent fiscal year’’ for ‘‘, not to exceed $25,000,000 annually, as Congress may determine necessary to sup- port continuing animal health and disease research programs at eligible institutions’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title. EFFECTIVE DATE Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amend- ment note under section 1307 of this title. § 3196. 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 sec- tion shall be awarded in the form of grants, for periods not to exceed five years, to State agri- cultural experiment stations, colleges and uni- versities (including 1890 Institutions (as defined in section 7601 of this title)), other research in- stitutions and organizations, Federal agencies, private organizations or corporations, and indi- viduals. (c) Establishment of annual priority lists for allo- cation of funds In order to establish a rational allocation of funds appropriated under this section, the Sec- retary shall establish annually priority lists of animal health and disease, food safety, and ani- mal well-being problems of national or regional significance. Such lists shall be prepared after consultation with the Advisory Board. Any rec- ommendations made in connection with such consultation shall not be controlling on the Sec- retary’s determination of priorities. In estab- lishing such priorities, the Secretary and the Advisory Board shall consider the following fac- tors: (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 sig- nificant 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 pro- duction methods that will improve the hous- ing 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 antici- pated through the application of scientific ef- fort to such health or disease problem. (d) Assignment of priorities for grants Without regard to any consultation under sub- section (c), the Secretary shall, to the extent feasible, award grants on the basis of the prior- ities 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