Collapse to view only § 8321. Pest and Disease Response Fund
- § 8301. Findings
- § 8302. Definitions
- § 8303. Restriction on importation or entry
- § 8304. Exportation
- § 8305. Interstate movement
- § 8306. Seizure, quarantine, and disposal
- § 8307. Inspections, seizures, and warrants
- § 8308. Detection, control, and eradication of diseases and pests
- § 8308a. Animal disease prevention and management
- § 8309. Veterinary accreditation program
- § 8310. Cooperation
- § 8311. Reimbursable agreements
- § 8312. Administration and claims
- § 8313. Penalties
- § 8314. Enforcement
- § 8315. Regulations and orders
- § 8316. Authorization of appropriations
- § 8317. Effect on regulations
- § 8318. Veterinary training
- § 8319. Surveillance of zoonotic diseases
- § 8320. Expansion of Animal and Plant Health Inspection Service activities
- § 8321. Pest and Disease Response Fund
- § 8322. National aquatic animal health plan
§ 8301. FindingsCongress finds that—
(1) the prevention, detection, control, and eradication of diseases and pests of animals are essential to protect—
(A) animal health;
(B) the health and welfare of the people of the United States;
(C) the economic interests of the livestock and related industries of the United States;
(D) the environment of the United States; and
(E) interstate commerce and foreign commerce of the United States in animals and other articles;
(2) animal diseases and pests are primarily transmitted by animals and articles regulated under this chapter;
(3) the health of animals is affected by the methods by which animals and articles are transported in interstate commerce and foreign commerce;
(4) the Secretary must continue to conduct research on animal diseases and pests that constitute a threat to the livestock of the United States; and
(5)
(A) all animals and articles regulated under this chapter are in or affect interstate commerce or foreign commerce; and
(B) regulation by the Secretary and cooperation by the Secretary with foreign countries, States or other jurisdictions, or persons are necessary—
(i) to prevent and eliminate burdens on interstate commerce and foreign commerce;
(ii) to regulate effectively interstate commerce and foreign commerce; and
(iii) to protect the agriculture, environment, economy, and health and welfare of the people of the United States.
(Pub. L. 107–171, title X, § 10402, May 13, 2002, 116 Stat. 494.)
§ 8302. Definitions
In this chapter:
(1) Animal
(2) Article
(3) Disease
(4) Enter
(5) Export
(6) Facility
(7) Import
(8) Indian tribe
(9) Interstate commerce
The term “interstate commerce” means trade, traffic, or other commerce—
(A) between a place in a State and a place in another State, or between places within the same State but through any place outside that State; or
(B) within the District of Columbia or any territory or possession of the United States.
(10) Livestock
(11) Means of conveyance
(12) Move
The term “move” means—
(A) to carry, enter, import, mail, ship, or transport;
(B) to aid, abet, cause, or induce carrying, entering, importing, mailing, shipping, or transporting;
(C) to offer to carry, enter, import, mail, ship, or transport;
(D) to receive in order to carry, enter, import, mail, ship, or transport;
(E) to release into the environment; or
(F) to allow any of the activities described in this paragraph.
(13) Pest
The term “pest” means any of the following that can directly or indirectly injure, cause damage to, or cause disease in livestock:
(A) A protozoan.
(B) A plant.
(C) A bacteria.
(D) A fungus.
(E) A virus or viroid.
(F) An infectious agent or other pathogen.
(G) An arthropod.
(H) A parasite.
(I) A prion.
(J) A vector.
(K) Any organism similar to or allied with any of the organisms described in this paragraph.
(14) Secretary
(15) State
(16) This chapter
(17) United States
(18) Veterinary countermeasure
(Pub. L. 107–171, title X, § 10403, May 13, 2002, 116 Stat. 494; Pub. L. 115–334, title XII, § 12101(a), Dec. 20, 2018, 132 Stat. 4937; Pub. L. 117–328, div. HH, title V, § 603, Dec. 29, 2022, 136 Stat. 5996.)
§ 8303. Restriction on importation or entry
(a) In general
With notice to the Secretary of the Treasury and public notice as soon as practicable, the Secretary may prohibit or restrict—
(1) the importation or entry of any animal, article, or means of conveyance, or use of any means of conveyance or facility, if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock;
(2) the further movement of any animal that has strayed into the United States if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock; and
(3) the use of any means of conveyance in connection with the importation or entry of livestock if the Secretary determines that the prohibition or restriction is necessary because the means of conveyance has not been maintained in a clean and sanitary condition or does not have accommodations for the safe and proper movement of livestock.
(b) Regulations
(1) Restrictions on import and entry
(2) Post importation quarantine
(c) Destruction or removal
(1) In general
The Secretary may order the destruction or removal from the United States of—
(A) any animal, article, or means of conveyance that has been imported but has not entered the United States if the Secretary determines that destruction or removal from the United States is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock;
(B) any animal or progeny of any animal, article, or means of conveyance that has been imported or entered in violation of this chapter; or
(C) any animal that has strayed into the United States if the Secretary determines that destruction or removal from the United States is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock.
(2) Requirements of owners
(A) Orders to disinfect
The Secretary may require the disinfection of—
(i) a means of conveyance used in connection with the importation of an animal;
(ii) an individual involved in the importation of an animal and personal articles of the individual; and
(iii) any article used in the importation of an animal.
(B) Failure to comply with orders
If an owner fails to comply with an order of the Secretary under this section, the Secretary may—
(i) take remedial action, destroy, or remove from the United States the animal or progeny of any animal, article, or means of conveyance as authorized under paragraph (1); and
(ii) recover from the owner the costs of any care, handling, disposal, or other action incurred by the Secretary in connection with the remedial action, destruction, or removal.
(Pub. L. 107–171, title X, § 10404, May 13, 2002, 116 Stat. 496.)
§ 8304. Exportation
(a) In general
The Secretary may prohibit or restrict—
(1) the exportation of any animal, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination from or within the United States of any pest or disease of livestock;
(2) the exportation of any livestock if the Secretary determines that the livestock is unfit to be moved;
(3) the use of any means of conveyance or facility in connection with the exportation of any animal or article if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination from or within the United States of any pest or disease of livestock; or
(4) the use of any means of conveyance in connection with the exportation of livestock if the Secretary determines that the prohibition or restriction is necessary because the means of conveyance has not been maintained in a clean and sanitary condition or does not have accommodations for the safe and proper movement and humane treatment of livestock.
(b) Requirements of owners
(1) Orders to disinfect
The Secretary may require the disinfection of—
(A) a means of conveyance used in connection with the exportation of an animal;
(B) an individual involved in the exportation of an animal and personal articles of the individual; and
(C) any article used in the exportation of an animal.
(2) Failure to comply with orders
If an owner fails to comply with an order of the Secretary under this section, the Secretary may—
(A) take remedial action with respect to the animal, article, or means of conveyance referred to in paragraph (1); and
(B) recover from the owner the costs of any care, handling, disposal, or other action incurred by the Secretary in connection with the remedial action.
(c) Certification
(d) Authorization of appropriations
(1) In general
There is authorized to be appropriated—
(A) $1,500,000 for each of fiscal years 2008 through 2018 to carry out section 11010 of the Food, Conservation, and Energy Act of 2008; and
(B) such sums as may be necessary for each of fiscal years 2008 through 2018 to carry out this section.
(2) Availability
(Pub. L. 107–171, title X, § 10405, May 13, 2002, 116 Stat. 497; Pub. L. 110–234, title XI, § 11010(c), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11010(c), June 18, 2008, 122 Stat. 1664, 2121; Pub. L. 113–79, title XII, § 12101(c), Feb. 7, 2014, 128 Stat. 978.)
§ 8305. Interstate movement
The Secretary may prohibit or restrict—
(1) the movement in interstate commerce of any animal, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of any pest or disease of livestock; and
(2) the use of any means of conveyance or facility in connection with the movement in interstate commerce of any animal or article if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of any pest or disease of livestock.
(Pub. L. 107–171, title X, § 10406, May 13, 2002, 116 Stat. 498.)
§ 8306. Seizure, quarantine, and disposal
(a) In generalThe Secretary may hold, seize, quarantine, treat, destroy, dispose of, or take other remedial action with respect to—
(1) any animal or progeny of any animal, article, or means of conveyance that—
(A) is moving or has been moved in interstate commerce or has been imported and entered; and
(B) the Secretary has reason to believe may carry, may have carried, or may have been affected with or exposed to any pest or disease of livestock at the time of movement or that is otherwise in violation of this chapter;
(2) any animal or progeny of any animal, article, or means of conveyance that is moving or is being handled, or has moved or has been handled, in interstate commerce in violation of this chapter;
(3) any animal or progeny of any animal, article, or means of conveyance that has been imported, and is moving or is being handled or has moved or has been handled, in violation of this chapter; or
(4) any animal or progeny of any animal, article, or means of conveyance that the Secretary finds is not being maintained, or has not been maintained, in accordance with any post-importation quarantine, post-importation condition, post-movement quarantine, or post-movement condition in accordance with this chapter.
(b) Extraordinary emergencies
(1) In generalSubject to paragraph (2), if the Secretary determines that an extraordinary emergency exists because of the presence in the United States of a pest or disease of livestock and that the presence of the pest or disease threatens the livestock of the United States, the Secretary may—
(A) hold, seize, treat, apply other remedial actions to, destroy (including preventative slaughter), or otherwise dispose of, any animal, article, facility, or means of conveyance if the Secretary determines the action is necessary to prevent the dissemination of the pest or disease; and
(B) prohibit or restrict the movement or use within a State, or any portion of a State of any animal or article, means of conveyance, or facility if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination of the pest or disease.
(2) State action
(A) In generalThe Secretary may take action in a State under this subsection only on finding that measures being taken by the State are inadequate to control or eradicate the pest or disease, after review and consultation with—
“(i)1
1 So in original. Opening quotation marks probably should not appear.
the Governor or an appropriate animal health official of the State; or“(ii)1 in the case of any animal, article, facility, or means of conveyance under the jurisdiction of an Indian tribe, the head of the Indian tribe.
(B) NoticeSubject to subparagraph (C), before any action is taken in a State under subparagraph (A), the Secretary shall—
(i) notify the Governor, an appropriate animal health official of the State, or head of the Indian tribe of the proposed action;
(ii) issue a public announcement of the proposed action; and
(iii) publish in the Federal Register—(I) the findings of the Secretary;(II) a description of the proposed action; and(III) a statement of the reasons for the proposed action.
(C) Notice after action
(c) Quarantine, disposal, or other remedial action
(1) In general
(2) Failure to comply with ordersIf the owner fails to comply with the order of the Secretary, the Secretary may—
(A) seize, quarantine, dispose of, or take other remedial action with respect to the animal, article, facility, or means of conveyance under subsection (a) or (b); and
(B) recover from the owner the costs of any care, handling, disposal, or other remedial action incurred by the Secretary in connection with the seizure, quarantine, disposal, or other remedial action.
(d) Compensation
(1) In general
(2) Amount
(A) In general
(B) LimitationCompensation paid any owner under this subsection shall not exceed the difference between—
(i) the fair market value of the destroyed animal, article, facility, or means of conveyance; and
(ii) any compensation received by the owner from a State or other source for the destroyed animal, article, facility, or means of conveyance.
(C) Reviewability
(3) ExceptionsNo payment shall be made by the Secretary under this subsection for—
(A) any animal, article, facility, or means of conveyance that has been moved or handled by the owner in violation of an agreement for the control and eradication of diseases or pests or in violation of this chapter;
(B) any progeny of any animal or article, which animal or article has been moved or handled by the owner of the animal or article in violation of this chapter;
(C) any animal, article, or means of conveyance that is refused entry under this chapter; or
(D) any animal, article, facility, or means of conveyance that becomes or has become affected with or exposed to any pest or disease of livestock because of a violation of an agreement for the control and eradication of diseases or pests or a violation of this chapter by the owner.
(Pub. L. 107–171, title X, § 10407, May 13, 2002, 116 Stat. 498; Pub. L. 110–234, title XI, § 11011(1), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11011(1), June 18, 2008, 122 Stat. 1664, 2121.)
§ 8307. Inspections, seizures, and warrants
(a) Guidelines
(b) Warrantless inspections
The Secretary may stop and inspect, without a warrant, any person or means of conveyance moving—
(1) into the United States, to determine whether the person or means of conveyance is carrying any animal or article regulated under this chapter;
(2) in interstate commerce, on probable cause to believe that the person or means of conveyance is carrying any animal or article regulated under this chapter; or
(3) in intrastate commerce from any State, or any portion of a State, quarantined under section 8306(b) of this title, on probable cause to believe that the person or means of conveyance is carrying any animal or article quarantined under section 8306(b) of this title.
(c) Inspections with warrants
(1) In general
(2) Application and issuance of warrants
(A) In general
(B) Execution
(Pub. L. 107–171, title X, § 10408, May 13, 2002, 116 Stat. 500.)
§ 8308. Detection, control, and eradication of diseases and pests
(a) In general
(b) Compensation
(1) In general
(2) Specific cooperative programs
(3) Reviewability
(Pub. L. 107–171, title X, § 10409, May 13, 2002, 116 Stat. 501; Pub. L. 110–234, title XI, § 11011(2), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11011(2), June 18, 2008, 122 Stat. 1664, 2122.)
§ 8308a. Animal disease prevention and management
(a) National Animal Health Laboratory Network
(1) Definition of eligible laboratory
(2) In generalThe 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 activitiesActivities 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 entitiesTo 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 considerationsIn 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) NotificationThe 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 contributionsWhen 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 BankThrough 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 salesAny 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.)
§ 8309. Veterinary accreditation program
(a) In general
(b) Consultation
(c) Suspension or revocation of accreditation
(1) In general
(2) Final order
(3) Summary suspension
(A) In general
(B) Hearings
(d) Application of penalty provisions
(Pub. L. 107–171, title X, § 10410, May 13, 2002, 116 Stat. 501.)
§ 8310. Cooperation
(a) In general
(b) Responsibility
The person or other entity cooperating with the Secretary shall be responsible for the authority 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 property owned or controlled by the United States; and
(2) using other facilities and means, as determined by the Secretary.
(c) Screwworms
(1) In general
(2) Proceeds
(A) Independent production and sale
If the Secretary independently produces and sells sterile screwworms under paragraph (1), the proceeds of the sale shall be—
(i) deposited into the Treasury of the United States; and
(ii) credited to the account from which the operating expenses of the facility producing the sterile screwworms have been paid.
(B) Cooperative production and sale
(i) In general
(ii) Account
The United States portion of the proceeds shall be—
(I) deposited into the Treasury of the United States; and(II) credited to the account from which the operating expenses of the facility producing the sterile screwworms have been paid.(d) Cooperation in program administration
(e) Consultation and coordination with other Federal agencies
(1) In general
(2) Lead agency
(Pub. L. 107–171, title X, § 10411, May 13, 2002, 116 Stat. 502.)
§ 8311. Reimbursable agreements
(a) Authority to enter into agreements
(b) Funds collected for preclearance
Funds collected for preclearance activities—
(1) may be collected in advance of the provision of such activities;
(2) shall be credited as offsetting collections to the currently applicable appropriation, account, or fund of U.S. Customs and Border Protection;
(3) shall remain available until expended;
(4) shall be available for the purposes for which such appropriation, account, or fund is authorized to be used; and
(5) may be collected and shall be available only to the extent provided in appropriations Acts.
(c) Payment of employees
(1) In general
(2) Reimbursement
(A) In general
(B) Use of funds
All funds collected under this subsection shall—
(i) be credited to the account that incurs the costs; and
(ii) remain available until expended, without fiscal year limitation.
(d) Late payment penalties
(1) Collection
(2) Use of funds
Any late payment penalty and any accrued interest shall—
(A) be credited to the account that incurs the costs; and
(B) remain available until expended, without fiscal year limitation.
(Pub. L. 107–171, title X, § 10412, May 13, 2002, 116 Stat. 503; Pub. L. 114–125, title VIII, § 818(b), Feb. 24, 2016, 130 Stat. 222.)
§ 8312. Administration and claims
(a) Administration
To carry out this chapter, the Secretary may—
(1) acquire and maintain real or personal property;
(2) employ a person;
(3) make a grant; and
(4) notwithstanding chapter 63 of title 31, enter into a contract, cooperative agreement, memorandum of understanding, or other agreement.
(b) Tort claims
(1) In general
(2) Requirements
(Pub. L. 107–171, title X, § 10413, May 13, 2002, 116 Stat. 503.)
§ 8313. Penalties
(a) Criminal penalties
(1) Offenses
(A) In general
(B) Distribution or sale
(2) Multiple violations
(b) Civil penalties
(1) In generalExcept as provided in section 8309(d) of this title, any person that violates this chapter, or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided under this chapter may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary that does not exceed the greater of—
(A)
(i) $50,000 in the case of any individual, except that the civil penalty may not exceed $1,000 in the case of an initial violation of this chapter by an individual moving regulated articles not for monetary gain;
(ii) $250,000 in the case of any other person for each violation; and
(iii) for all violations adjudicated in a single proceeding—(I) $500,000 if the violations do not include a willful violation; or(II) $1,000,000 if the violations include 1 or more willful violations.
(B) twice the gross gain or gross loss for any violation or forgery, counterfeiting, or unauthorized use, alteration, defacing or destruction of a certificate, permit, or other document provided under this chapter that results in the person’s deriving pecuniary gain or causing pecuniary loss to another person.
(2) Factors in determining civil penaltyIn determining the amount of a civil penalty, the Secretary shall take into account the nature, circumstance, extent, and gravity of the violation or violations and the Secretary may consider, with respect to the violator—
(A) the ability to pay;
(B) the effect on ability to continue to do business;
(C) any history of prior violations;
(D) the degree of culpability; and
(E) such other factors as the Secretary considers to be appropriate.
(3) Settlement of civil penalties
(4) Finality of orders
(A) Final order
(B) Review
(C) Interest
(c) Liability for acts of agents
(d) Guidelines for civil penalties
(Pub. L. 107–171, title X, § 10414, May 13, 2002, 116 Stat. 504; Pub. L. 110–234, title XI, § 11012(a), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11012(a), June 18, 2008, 122 Stat. 1664, 2122.)
§ 8314. Enforcement
(a) Collection of information
(1) In general
(2) Subpoenas
(A) In general
(B) Location of production
(C) Enforcement
(i) In general
(ii) Noncompliance
(iii) Contempt
(D) Compensation
(i) Witnesses
(ii) Depositions
(E) Procedures
(i) Publication
(ii) Review
(iii) Delegation
(b) Authority of Attorney General
The Attorney General may—
(1) prosecute, in the name of the United States, all criminal violations of this chapter that are referred to the Attorney General by the Secretary or are brought to the notice of the Attorney General by any person;
(2) bring an action to enjoin the violation of or to compel compliance with this chapter, or to enjoin any interference by any person with the Secretary in carrying out this chapter, in any case in which the Secretary has reason to believe that the person has violated, or is about to violate this chapter or has interfered, or is about to interfere, with the actions of the Secretary; or
(3) bring an action for the recovery of any unpaid civil penalty, funds under a reimbursable agreement, late payment penalty, or interest assessed under this chapter.
(c) Court jurisdiction
(1) In general
(2) Venue
(3) Exception
(Pub. L. 107–171, title X, § 10415, May 13, 2002, 116 Stat. 505; Pub. L. 110–234, title XI, § 11012(b), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11012(b), June 18, 2008, 122 Stat. 1664, 2122.)
§ 8315. Regulations and orders
The Secretary may promulgate such regulations, and issue such orders, as the Secretary determines necessary to carry out this chapter.
(Pub. L. 107–171, title X, § 10416, May 13, 2002, 116 Stat. 507.)
§ 8316. Authorization of appropriations
(a) In general
(b) Transfer of funds
(1) In general
(2) Availability
(3) Reviewability
(c) Use of funds
In carrying out this chapter, the Secretary may use funds made available to carry out this chapter for—
(1) the employment of civilian nationals in foreign countries; and
(2) the construction and operation of research laboratories, quarantine stations, and other buildings and facilities for special purposes.
(Pub. L. 107–171, title X, § 10417, May 13, 2002, 116 Stat. 507; Pub. L. 110–234, title XI, § 11011(3), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11011(3), June 18, 2008, 122 Stat. 1664, 2122.)
§ 8317. Effect on regulations
A regulation issued under a provision of law repealed by subsection (a) shall remain in effect until the Secretary issues a regulation under section 8303(b) or 8315 of this title that supersedes the earlier regulation.
(Pub. L. 107–171, title X, § 10418(c), May 13, 2002, 116 Stat. 509.)
§ 8318. Veterinary training
The Secretary of Agriculture may develop a program to maintain in all regions of the United States a sufficient number of Federal and State veterinarians and veterinary teams, including those based at colleges of veterinary medicine, who are well trained in recognition and diagnosis of exotic and endemic animal diseases and who are capable of providing effective services before, during, and after emergencies.
(Pub. L. 107–171, title X, § 10504, May 13, 2002, 116 Stat. 510; Pub. L. 115–334, title XII, § 12106, Dec. 20, 2018, 132 Stat. 4943.)
§ 8319. Surveillance of zoonotic diseases
The Secretary of Health and Human Services, through the Commissioner of Food and Drugs and the Director of the Centers for Disease Control and Prevention, and the Secretary of Agriculture shall coordinate the surveillance of zoonotic diseases.
(Pub. L. 107–188, title III, § 313, June 12, 2002, 116 Stat. 674.)
§ 8320. Expansion of Animal and Plant Health Inspection Service activities
(a) In generalThe Secretary of Agriculture (referred to in this section as the “Secretary”) may utilize existing authorities to give high priority to enhancing and expanding the capacity of the Animal and Plant Health Inspection Service to conduct activities to—
(1) increase the inspection capacity of the Service at international points of origin;
(2) improve surveillance at ports of entry and customs;
(3) enhance methods of protecting against the introduction of plant and animal disease organisms by terrorists;
(4) develop new and improve existing strategies and technologies for dealing with intentional outbreaks of plant and animal disease arising from acts of terrorism or from unintentional introduction, including—
(A) establishing cooperative agreements among Veterinary Services of the Animal and Plant Health Inspection Service, State animal health commissions and regulatory agencies for livestock and poultry health, and private veterinary practitioners to enhance the preparedness and ability of Veterinary Services and the commissions and agencies to respond to outbreaks of such animal diseases; and
(B) strengthening planning and coordination with State and local agencies, including—
(i) State animal health commissions and regulatory agencies for livestock and poultry health; and
(ii) State agriculture departments; and
(5) otherwise improve the capacity of the Service to protect against the threat of bioterrorism.
(b) Automated recordkeeping system
(c) Authorization of appropriations
(Pub. L. 107–188, title III, § 331, June 12, 2002, 116 Stat. 678.)
§ 8321. Pest and Disease Response Fund
(a) Establishment
(b) Availability
(c) Use of Fund
(d) Authorization of appropriations
(Pub. L. 108–465, title IV, § 401, Dec. 21, 2004, 118 Stat. 3886.)
§ 8322. National aquatic animal health plan
(a) In general
(b) Cooperative agreements between eligible entities and the Secretary
(1) Duties
As a condition of entering into a cooperative agreement with the Secretary under this section, an eligible entity shall agree to—
(A) assume responsibility for the non-Federal share of the cost of carrying out the project under the national aquatic health plan, as determined by the Secretary in accordance with paragraph (2); and
(B) act in accordance with applicable disease and species specific best management practices relating to activities to be carried out under such project.
(2) Non-Federal share
(c) Applicability of other laws
(d) Eligible entity defined
(Pub. L. 110–234, title XI, § 11013, May 22, 2008, 122 Stat. 1361; Pub. L. 110–246, § 4(a), title XI, § 11013, June 18, 2008, 122 Stat. 1664, 2122; Pub. L. 113–79, title XII, § 12103, Feb. 7, 2014, 128 Stat. 979; Pub. L. 115–334, title XII, § 12105, Dec. 20, 2018, 132 Stat. 4943.)