U.S Code last checked for updates: Apr 29, 2024
§ 8308a.
Animal disease prevention and management
(a)
National Animal Health Laboratory Network
(1)
Definition of eligible laboratory
(2)
In general
The Secretary, in consultation with State veterinarians, shall offer to enter into contracts, grants, cooperative agreements, or other legal instruments with eligible laboratories for any of the following purposes:
(A)
To enhance the capability of the Secretary 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 requirements;
(iv)
interconnected electronic reporting and transmission of data; and
(v)
evaluation for emergency preparedness.
(C)
To coordinate the development, implementation, and enhancement of national veterinary diagnostic laboratory capabilities, with special emphasis on surveillance planning and vulnerability analysis, technology development and validation, training, and outreach.
(3)
Priority
(b)
National Animal Disease Preparedness and Response Program
(1)
Program required
(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 activities 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 effectiveness of animal health technologies to treat and prevent animal disease, including—
(i)
veterinary biologics and diagnostics;
(ii)
animal drugs for minor uses and minor species;
(iii)
animal medical devices; and
(iv)
emerging veterinary countermeasures.
(I)
Such other activities as determined appropriate 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 agreements or other legal instruments, as authorized 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 entities, 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, including a veterinary emergency team at such college.
(E)
A State or national livestock producer organization with direct and significant economic 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 Medical Association.
(H)
An Indian Tribe.
(I)
A Federal agency.
(4)
Special funding considerations
In entering into agreements under this subsection, 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 geography 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
(6)
Application
(A)
In general
(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 activities 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 eligible entity described in paragraph (3), the Secretary—
(i)
may take into consideration an eligible entity’s ability to contribute non-Federal funds to carry out such an agreement; and
(ii)
shall not require such an eligible entity to make such a contribution as a condition to enter into an agreement.
(7)
Use of funds
(A)
Use consistent with terms of cooperative agreement
(B)
Sub-agreement
(8)
Reporting requirement
(c)
National Animal Vaccine Bank
(1)
Establishment
(2)
Elements of Vaccine Bank
Through the Vaccine Bank, the Secretary shall—
(A)
maintain sufficient quantities of veterinary 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 mechanisms and infrastructure that have been developed for the management, storage, and distribution of the National Veterinary Stockpile.
(3)
Priority for response to foot and mouth disease
(d)
Funding
(1)
Mandatory funding
(A)
Fiscal years 2019 through 2022
(B)
Subsequent fiscal years
(2)
Authorization of appropriations
(A)
National animal health laboratory network
(B)
National Animal Disease Preparedness and Response Program; National Animal Vaccine and Veterinary Countermeasures Bank
(C)
Additionality
(3)
Administrative costs
(A)
Secretary
(B)
Eligible entities
(4)
Duration of availability
(5)
Proceeds from veterinary countermeasures sales
Any proceeds of a sale of veterinary countermeasures from the Vaccine Bank shall be—
(A)
deposited into the Treasury of the United States; and
(B)
credited to the account for the operation of the Vaccine Bank to be made available for expenditure without further appropriation.
(6)
Limitations on use of funds for certain purposes
(e)
Availability and purpose of funding
(1)
In general
(2)
Effect
(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.)
cite as: 7 USC 8308a