7 U.S.C. § 8308a — Animal disease prevention and manage-

Page 2192 TITLE 7—AGRICULTURE § 8308a 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables. 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 L. 110–234 were repealed by section 4(a) of Pub.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 2008—Subsec. (b)(2), (3). Pub. L. 110–246, § 11011(2), added par. (2), redesignated former par. (2) as (3), and, in par. (3), struck out ‘‘of longer than 60 days’’ after ‘‘review’’. 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. TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. NATIONAL POULTRY IMPROVEMENT PLAN Pub. L. 113–79, title XII, § 12107, Feb. 7, 2014, 128 Stat. 982, provided that: ‘‘The Secretary of Agriculture shall ensure that the Department of Agriculture continues to administer the diagnostic surveillance program for H5/H7 low pathogenic avian influenza with respect to commercial poultry under section 146.14 of title 9, Code of Federal Regulations (or a successor regulation), without amending the regulations in section 147.43 of title 9, Code of Federal Regulations (as in effect on the date of the enactment of this Act [Feb. 7, 2014]), with respect to the governance of the General Conference Committee established under such section. The Sec- retary of Agriculture shall maintain— ‘‘(1) the operations of the General Conference Com- mittee— ‘‘(A) in the physical location at which the Com- mittee was located on the date of the enactment of this Act; and ‘‘(B) with the organizational structure within the Department of Agriculture in effect as of such date; and ‘‘(2) the funding levels for the National Poultry Im- provement Plan for Commercial Poultry (established under part 146 of title 9, Code of Federal Regulations, or a successor regulation) at the fiscal year 2013 fund- ing levels for the Plan.’’ § 8308a. Animal disease prevention and manage- ment (a) National Animal Health Laboratory Network (1) Definition of eligible laboratory In this subsection, the term ‘‘eligible labora- tory’’ means a diagnostic laboratory that meets specific criteria developed by the Sec- retary, in consultation with State animal health officials, State veterinary diagnostic laboratories, and veterinary diagnostic labora- tories at institutions of higher education (as defined in section 1001 of title 20). (2) In general The Secretary, in consultation with State veterinarians, shall offer to enter into con- tracts, grants, cooperative agreements, or other legal instruments with eligible labora- tories for any of the following purposes: (A) To enhance the capability of the Sec- retary to respond in a timely manner to emerging or existing bioterrorist threats to animal health. (B) To provide the capacity and capability for standardized— (i) test procedures, reference materials, and equipment; (ii) laboratory biosafety and biosecurity levels; (iii) quality management system re- quirements; (iv) interconnected electronic reporting and transmission of data; and (v) evaluation for emergency prepared- ness. (C) To coordinate the development, imple- mentation, and enhancement of national veterinary diagnostic laboratory capabili- ties, with special emphasis on surveillance planning and vulnerability analysis, tech- nology development and validation, train- ing, and outreach. (3) Priority To the extent practicable and to the extent capacity and specialized expertise may be nec- essary, the Secretary shall give priority to ex- isting Federal facilities, State facilities, and facilities at institutions of higher education. (b) National Animal Disease Preparedness and Response Program (1) Program required The Secretary shall establish a program, to be known as the National Animal Disease Pre- paredness and Response Program (referred to in this section as ‘‘the Program’’), to address the increasing risk of the introduction and spread within the United States of animal pests and diseases affecting the economic in- terests of the livestock and related industries of the United States, including the mainte- nance and expansion of export markets. (2) Program activities Activities under the Program shall include, to the extent practicable, the following: (A) Enhancing animal pest and disease analysis and surveillance. (B) Expanding outreach and education. (C) Targeting domestic inspection activi- ties at vulnerable points in the safeguarding continuum. (D) Enhancing and strengthening threat identification technology. (E) Improving biosecurity. (F) Enhancing emergency preparedness and response capabilities, including training additional emergency response personnel. (G) Conducting technology development to enhance electronic sharing of animal health data for risk analysis between State and Federal animal health officials. (H) Enhancing the development and effec- tiveness of animal health technologies to Page 2193 TITLE 7—AGRICULTURE § 8308a 1 See References in Text note below. treat and prevent animal disease, includ- ing— (i) veterinary biologics and diagnostics; (ii) animal drugs for minor uses and minor species; (iii) animal medical devices; and (iv) emerging veterinary counter- measures. (I) Such other activities as determined ap- propriate by the Secretary, in consultation with eligible entities specified in paragraph (3). (3) Eligible entities To carry out the Program, the Secretary shall offer to enter into cooperative agree- ments or other legal instruments, as author- ized under section 8312 of this title (referred to in this section as ‘‘agreements’’) with eligible entities, to be selected by the Secretary, which may include any of the following enti- ties, either individually or in combination: (A) A State department of agriculture. (B) The office of the chief animal health official of a State. (C) An entity eligible to receive funds under a capacity and infrastructure program (as defined in section 6971(f)(1)(C) of this title). (D) A college of veterinary medicine, in- cluding a veterinary emergency team at such college. (E) A State or national livestock producer organization with direct and significant eco- nomic interest in livestock production. (F) A State emergency agency. (G) A State, national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Med- ical Association. (H) An Indian Tribe. (I) A Federal agency. (4) Special funding considerations In entering into agreements under this sub- section, the Secretary shall give priority to applications submitted by— (A) a State department of agriculture or an office of the chief animal health official of a State; or (B) an eligible entity that will carry out program activities in a State or region in which— (i) an animal pest or disease is a Federal concern; or (ii) the Secretary determines a potential exists for the spread of an animal pest or disease after taking into consideration— (I) the agricultural industries in the State or region; (II) factors contributing to animal pest or disease in the State or region, such as the climate, natural resources, and geog- raphy of, and native and exotic wildlife species and other disease vectors in, the State or region; and (III) the movement of animals in the State or region. (5) Consultation For purposes of setting priorities under this subsection, the Secretary shall consult with eligible entities specified in paragraph (3). The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to consultation carried out under this paragraph. (6) Application (A) In general An eligible entity specified in paragraph (3) seeking to enter into an agreement under the Program shall submit to the Secretary an application containing such information as the Secretary may require. (B) Notification The Secretary shall notify each applicant of— (i) the requirements to be imposed on the eligible entity that is the recipient of funds under the Program for auditing of, and reporting on, the use of such funds; and (ii) the criteria to be used to ensure ac- tivities supported using such funds are based on sound scientific data or thorough risk assessments. (C) Non-Federal contributions When deciding whether to enter into an agreement under the Program with an eligi- ble entity described in paragraph (3), the Secretary— (i) may take into consideration an eligi- ble entity’s ability to contribute non-Fed- eral funds to carry out such an agreement; and (ii) shall not require such an eligible en- tity to make such a contribution as a con- dition to enter into an agreement. (7) Use of funds (A) Use consistent with terms of cooperative agreement The recipient of funds under the Program shall use the funds for the purposes and in the manner provided in the agreement under which the funds are provided. (B) Sub-agreement Nothing in this section prevents an eligi- ble entity from using funds received under the Program to enter into sub-agreements with another eligible entity or with a polit- ical subdivision of a State that has legal re- sponsibilities relating to animal disease pre- vention, surveillance, or rapid response. (8) Reporting requirement Not later than 90 days after the date of com- pletion of an activity conducted using funds provided under the Program, the recipient of such funds shall submit to the Secretary a re- port that describes the purposes and results of the activities. (c) National Animal Vaccine Bank (1) Establishment The Secretary shall establish a national ani- mal vaccine and veterinary countermeasures bank (to be known as the National Animal Vaccine and Veterinary Countermeasures Page 2194 TITLE 7—AGRICULTURE § 8308a Bank and referred to in this subsection as the ‘‘Vaccine Bank’’) to benefit the domestic in- terests of the United States. (2) Elements of Vaccine Bank Through the Vaccine Bank, the Secretary shall— (A) maintain sufficient quantities of vet- erinary countermeasures to appropriately and rapidly respond to the most damaging animal diseases affecting or with potential to affect human health or the economy of the United States; and (B) leverage, when appropriate, the mecha- nisms and infrastructure that have been de- veloped for the management, storage, and distribution of the National Veterinary Stockpile. (3) Priority for response to foot and mouth dis- ease The Secretary shall prioritize the acquisi- tion and maintenance of sufficient quantities of foot and mouth disease vaccine and accom- panying diagnostic products for the Vaccine Bank. As part of such prioritization, the Sec- retary may offer to enter into one or more contracts with one or more entities that are capable of producing foot and mouth disease vaccine and that have surge production capac- ity of the vaccine. (d) Funding (1) Mandatory funding (A) Fiscal years 2019 through 2022 Of the funds of the Commodity Credit Cor- poration, the Secretary shall make available to carry out this section $120,000,000 for the period of fiscal years 2019 through 2022, of which not less than $5,000,000 shall be made available for each of those fiscal years to carry out subsection (b). (B) Subsequent fiscal years Of the funds of the Commodity Credit Cor- poration, the Secretary shall make available to carry out this section $30,000,000 for fiscal year 2023 and each fiscal year thereafter, of which not less than $18,000,000 shall be made available for each of those fiscal years to carry out subsection (b). (2) Authorization of appropriations (A) National animal health laboratory net- work In addition to the funds made available under paragraph (1), there is authorized to be appropriated $30,000,000 for each of fiscal years 2019 through 2023 to carry out sub- section (a). (B) National Animal Disease Preparedness and Response Program; National Animal Vaccine and Veterinary Counter- measures Bank In addition to the funds made available under paragraph (1), there is authorized to be appropriated such sums as are necessary for each of fiscal years 2019 through 2023 to carry out subsections (b) and (c). (C) Additionality The funds authorized for appropriation under this paragraph are in addition to any funds authorized or otherwise made avail- able under this section or section 8316 of this title. (3) Administrative costs (A) Secretary Of the funds made available under this sec- tion or section 8316 of this title to carry out the National Animal Health Laboratory Net- work under subsection (a) and the National Animal Disease Preparedness and Response Program under subsection (b), not more than 4 percent may be retained by the Secretary to pay administrative costs incurred by the Secretary. (B) Eligible entities Of the funds made available under this sec- tion or section 8316 of this title to carry out the National Animal Disease Preparedness and Response Program under subsection (b), not more than 10 percent may be retained by an eligible entity that receives funds under any agreement entered into under such sub- section, including any sub-agreement under paragraph (7)(B) of such subsection to pay administrative costs incurred by the eligible entity to carry out activities under the Pro- gram. (4) Duration of availability Funds made available under this subsection, including any proceeds credited under para- graph (5), shall remain available until ex- pended. (5) Proceeds from veterinary countermeasures sales Any proceeds of a sale of veterinary counter- measures from the Vaccine Bank shall be— (A) deposited into the Treasury of the United States; and (B) credited to the account for the oper- ation of the Vaccine Bank to be made avail- able for expenditure without further appro- priation. (6) Limitations on use of funds for certain pur- poses Funds made available under the National Animal Health Laboratory Network, the Na- tional Animal Disease Preparedness and Re- sponse Program, and the Vaccine Bank shall not be used for the construction of a new building or facility or the acquisition or ex- pansion of an existing building or facility, in- cluding site grading and improvement and ar- chitect fees. (e) Availability and purpose of funding (1) In general Using the funds made available under sub- section (d), the Secretary of Agriculture shall offer to enter into contracts, grants, coopera- tive agreements, or other legal instruments under subsections (a) through (c) during each of the fiscal years 2019 through 2023. (2) Effect Nothing in paragraph (1) shall be construed to terminate a contract, grant, cooperative agreement, or other legal instrument entered into during the period specified in such para- graph. Page 2195 TITLE 7—AGRICULTURE § 8310 1 See References in Text note below. (Pub. L. 107–171, title X, § 10409A, as added Pub. L. 113–79, title XII, § 12105, Feb. 7, 2014, 128 Stat. 980; amended Pub. L. 115–334, title XII, § 12101(b)–(d), Dec. 20, 2018, 132 Stat. 4937–4940.) Editorial Notes REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (b)(5), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. AMENDMENTS 2018—Pub. L. 115–334, § 12101(b)(1), substituted ‘‘Ani- mal disease prevention and management’’ for ‘‘Na- tional animal health laboratory network’’ in section catchline. Subsec. (a). Pub. L. 115–334, § 12101(b)(2), (4), sub- stituted ‘‘National Animal Health Laboratory Net- work’’ for ‘‘Definition of eligible laboratory’’ in head- ing, inserted par. (1) designation and heading and sub- stituted ‘‘In this subsection,’’ for ‘‘In this section,’’, re- designated subsecs. (b) and (c) as pars. (2) and (3), re- spectively, and realigned margins. Subsec. (a)(2). Pub. L. 115–334, § 12101(b)(3)(B), redesig- nated pars. (1) to (3) of former subsec. (b) as subpars. (A) to (C), respectively, and realigned margins. Subsec. (a)(2)(B). Pub. L. 115–334, § 12101(b)(3)(A), re- designated subpars. (A) to (E) of former subsec. (b)(2) as cls. (i) to (v), respectively, and realigned margins. Subsec. (b). Pub. L. 115–334, § 12101(b)(5), added subsec. (b). Former subsec. (b) redesignated (a)(2). Subsec. (c). Pub. L. 115–334, § 12101(c), added subsec. (c). Former subsec. (c) redesignated (a)(3). Subsecs. (d), (e). Pub. L. 115–334, § 12101(d), added sub- secs. (d) and (e) and struck out former subsec. (d) which authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2014 through 2018. § 8309. Veterinary accreditation program (a) In general The Secretary may establish a veterinary ac- creditation program that is consistent with this chapter, including the establishment of stand- ards of conduct for accredited veterinarians. (b) Consultation The Secretary shall consult with State animal health officials and veterinary professionals re- garding the establishment of the veterinary ac- creditation program. (c) Suspension or revocation of accreditation (1) In general The Secretary may, after notice and oppor- tunity for a hearing on the record, suspend or revoke the accreditation of any veterinarian accredited under this title 1 who violates this chapter. (2) Final order The order of the Secretary suspending or re- voking accreditation shall be treated as a final order reviewable under chapter 158 of title 28. (3) Summary suspension (A) In general The Secretary may summarily suspend the accreditation of a veterinarian whom the Secretary has reason to believe knowingly violated this chapter. (B) Hearings The Secretary shall provide the veteri- narian with a subsequent notice and an op- portunity for a prompt post-suspension hear- ing on the record. (d) Application of penalty provisions The criminal and civil penalties described in section 8313 of this title shall not apply to a vio- lation of this section that is not a violation of any other provision of this chapter. (Pub. L. 107–171, title X, § 10410, May 13, 2002, 116 Stat. 501.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For com- plete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables. This title, referred to in subsec. (c)(1), is title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 486. For complete classification of title X to the Code, see Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 8310. Cooperation (a) In general To carry out this chapter, the Secretary may cooperate with other Federal agencies, States or political subdivisions of States, national govern- ments of foreign countries, local governments of foreign countries, domestic or international or- ganizations, domestic or international associa- tions, Indian tribes, and other persons. (b) Responsibility The person or other entity cooperating with the Secretary shall be responsible for the au- thority necessary to carry out operations or measures— (1) on all land and property within a foreign country or State, or under the jurisdiction of an Indian tribe, other than on land and prop- erty owned or controlled by the United States; and (2) using other facilities and means, as deter- mined by the Secretary. (c) Screwworms (1) In general The Secretary may, independently or in co- operation with national governments of for- eign countries or international organizations or associations, produce and sell sterile screwworms to any national government of a