---
kind: "section"
citation: "7 U.S.C. § 8308a"
title: "7"
title_heading: "Agriculture"
number: "8308a"
heading: "Animal disease prevention and management"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/8308a"
units:
  - "Chapter 109 — Animal Health Protection"
---

# §8308a. Animal disease prevention and management

- (a) **National Animal Health Laboratory Network—**
  - (1) **Definition of eligible laboratory—** In this subsection, the term “eligible laboratory” means a diagnostic laboratory that meets specific criteria developed by the [Secretary](/usc/7/8302.md?p=14), in consultation with [State](/usc/7/8302.md?p=15) [animal](/usc/7/8302.md?p=1) health officials, [State](/usc/7/8302.md?p=15) veterinary diagnostic laboratories, and veterinary diagnostic laboratories at institutions of higher education (as defined in [section 1001 of title 20](/usc/20/1001.md)).
  - (2) **In general—** The [Secretary](/usc/7/8302.md?p=14), in consultation with [State](/usc/7/8302.md?p=15) veterinarians, shall offer to [enter](/usc/7/8302.md?p=4) 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](/usc/7/8302.md?p=14) to respond in a timely manner to emerging or existing bioterrorist threats to [animal](/usc/7/8302.md?p=1) 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—** To the extent practicable and to the extent capacity and specialized expertise may be necessary, the [Secretary](/usc/7/8302.md?p=14) shall give priority to existing Federal [facilities](/usc/7/8302.md?p=6), [State](/usc/7/8302.md?p=15) [facilities](/usc/7/8302.md?p=6), and [facilities](/usc/7/8302.md?p=6) at institutions of higher education.
- (b) **National Animal Disease Preparedness and Response Program—**
  - (1) **Program required—** The [Secretary](/usc/7/8302.md?p=14) shall establish a program, to be known as the National [Animal](/usc/7/8302.md?p=1) [Disease](/usc/7/8302.md?p=3) Preparedness 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](/usc/7/8302.md?p=17) of [animal](/usc/7/8302.md?p=1) [pests](/usc/7/8302.md?p=13) and [diseases](/usc/7/8302.md?p=3) affecting the economic interests of the [livestock](/usc/7/8302.md?p=10) and related industries of the [United States](/usc/7/8302.md?p=17), including the maintenance and expansion of [export](/usc/7/8302.md?p=5) [markets](/usc/7/198.md?p=1).
  - (2) **Program activities—** Activities under the Program shall include, to the extent practicable, the following:
    - (A) Enhancing [animal](/usc/7/8302.md?p=1) [pest](/usc/7/8302.md?p=13) and [disease](/usc/7/8302.md?p=3) 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](/usc/7/8302.md?p=1) health data for risk analysis between [State](/usc/7/8302.md?p=15) and Federal [animal](/usc/7/8302.md?p=1) health officials.
    - (H) Enhancing the development and effectiveness of [animal](/usc/7/8302.md?p=1) health technologies to treat and prevent [animal](/usc/7/8302.md?p=1) [disease](/usc/7/8302.md?p=3), including—
      - (i) veterinary biologics and diagnostics;
      - (ii) [animal](/usc/7/8302.md?p=1) drugs for minor uses and minor species;
      - (iii) [animal](/usc/7/8302.md?p=1) medical devices; and
      - (iv) emerging [veterinary countermeasures](/usc/7/8302.md?p=18).
    - (I) Such other activities as determined appropriate by the [Secretary](/usc/7/8302.md?p=14), in consultation with eligible entities specified in [paragraph (3)](#b-3).
  - (3) **Eligible entities—** To carry out the Program, the [Secretary](/usc/7/8302.md?p=14) shall offer to [enter](/usc/7/8302.md?p=4) into cooperative agreements or other legal instruments, as authorized under [section 8312 of this title](/usc/7/8312.md) (referred to in this section as “agreements”) with eligible entities, to be selected by the [Secretary](/usc/7/8302.md?p=14), 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](/usc/7/8302.md?p=1) health official of a [State](/usc/7/8302.md?p=15).
    - (C) An entity eligible to receive funds under a [capacity and infrastructure program](/usc/7/7614.md?p=1) (as defined in [section 6971(f)(1)(C) of this title](/usc/7/6971.md?p=f-1-C)).
    - (D) A college of veterinary medicine, including a veterinary emergency team at such college.
    - (E) A [State](/usc/7/8302.md?p=15) or national [livestock](/usc/7/8302.md?p=10) producer organization with direct and significant economic interest in [livestock](/usc/7/8302.md?p=10) production.
    - (F) A [State](/usc/7/8302.md?p=15) emergency agency.
    - (G) A [State](/usc/7/8302.md?p=15), national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Medical Association.
    - (H) An [Indian Tribe](/usc/7/8302.md?p=8).
    - (I) A Federal agency.
  - (4) **Special funding considerations—** In entering into agreements under this subsection, the [Secretary](/usc/7/8302.md?p=14) shall give priority to applications submitted by—
    - (A) a State department of agriculture or an office of the chief [animal](/usc/7/8302.md?p=1) health official of a [State](/usc/7/8302.md?p=15); or
    - (B) an eligible entity that will carry out program activities in a [State](/usc/7/8302.md?p=15) or region in which—
      - (i) an [animal](/usc/7/8302.md?p=1) [pest](/usc/7/8302.md?p=13) or [disease](/usc/7/8302.md?p=3) is a Federal concern; or
      - (ii) the [Secretary](/usc/7/8302.md?p=14) determines a potential exists for the spread of an [animal](/usc/7/8302.md?p=1) [pest](/usc/7/8302.md?p=13) or [disease](/usc/7/8302.md?p=3) after taking into consideration—
        - (I) the agricultural industries in the [State](/usc/7/8302.md?p=15) or region;
        - (II) factors contributing to [animal](/usc/7/8302.md?p=1) [pest](/usc/7/8302.md?p=13) or [disease](/usc/7/8302.md?p=3) in the [State](/usc/7/8302.md?p=15) or region, such as the climate, natural resources, and geography of, and native and exotic wildlife species and other [disease](/usc/7/8302.md?p=3) vectors in, the [State](/usc/7/8302.md?p=15) or region; and
        - (III) the movement of [animals](/usc/7/8302.md?p=1) in the [State](/usc/7/8302.md?p=15) or region.
  - (5) **Consultation—** For purposes of setting priorities under this subsection, the [Secretary](/usc/7/8302.md?p=14) shall consult with eligible entities specified in [paragraph (3)](#b-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)](#b-3) seeking to [enter](/usc/7/8302.md?p=4) into an agreement under the Program shall submit to the [Secretary](/usc/7/8302.md?p=14) an application containing such information as the [Secretary](/usc/7/8302.md?p=14) may require.
    - (B) **Notification—** The [Secretary](/usc/7/8302.md?p=14) 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](/usc/7/8302.md?p=4) into an agreement under the Program with an eligible entity described in [paragraph (3)](#b-3), the [Secretary](/usc/7/8302.md?p=14)—
      - (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](/usc/7/8302.md?p=4) 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 eligible entity from using funds received under the Program to [enter](/usc/7/8302.md?p=4) into sub-agreements with another eligible entity or with a political subdivision of a [State](/usc/7/8302.md?p=15) that has legal responsibilities relating to [animal](/usc/7/8302.md?p=1) [disease](/usc/7/8302.md?p=3) prevention, surveillance, or rapid response.
  - (8) **Reporting requirement—** Not later than 90 days after the date of completion of an activity conducted using funds provided under the Program, the recipient of such funds shall submit to the [Secretary](/usc/7/8302.md?p=14) a report that describes the purposes and results of the activities.
- (c) **National Animal Vaccine Bank—**
  - (1) **Establishment—** The [Secretary](/usc/7/8302.md?p=14) shall establish a national [animal](/usc/7/8302.md?p=1) vaccine and [veterinary countermeasures](/usc/7/8302.md?p=18) [bank](/usc/7/27.md?p=a) (to be known as the National [Animal](/usc/7/8302.md?p=1) Vaccine and [Veterinary Countermeasures](/usc/7/8302.md?p=18) [Bank](/usc/7/27.md?p=a) and referred to in this subsection as the “Vaccine [Bank](/usc/7/27.md?p=a)”) to benefit the domestic interests of the [United States](/usc/7/8302.md?p=17).
  - (2) **Elements of Vaccine Bank—** Through the Vaccine [Bank](/usc/7/27.md?p=a), the [Secretary](/usc/7/8302.md?p=14) shall—
    - (A) maintain sufficient quantities of [veterinary countermeasures](/usc/7/8302.md?p=18) to appropriately and rapidly respond to the most damaging [animal](/usc/7/8302.md?p=1) [diseases](/usc/7/8302.md?p=3) affecting or with potential to affect human health or the economy of the [United States](/usc/7/8302.md?p=17); 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—** The [Secretary](/usc/7/8302.md?p=14) shall prioritize the acquisition and maintenance of sufficient quantities of foot and mouth [disease](/usc/7/8302.md?p=3) vaccine and accompanying diagnostic products for the Vaccine [Bank](/usc/7/27.md?p=a). As part of such prioritization, the [Secretary](/usc/7/8302.md?p=14) may offer to [enter](/usc/7/8302.md?p=4) into one or more contracts with one or more entities that are capable of producing foot and mouth [disease](/usc/7/8302.md?p=3) vaccine and that have surge production capacity of the vaccine.
- (d) **Funding—**
  - (1) **Mandatory funding—**
    - (A) **Fiscal years 2019 through 2022—** Of the funds of the Commodity Credit Corporation, the [Secretary](/usc/7/8302.md?p=14) 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).
    - (B) **Fiscal years 2023 through 2025—** Of the funds of the Commodity Credit Corporation, the [Secretary](/usc/7/8302.md?p=14) shall make available to carry out this section $30,000,000 for each of fiscal years 2023 through 2025, of which not less than $18,000,000 shall be made available for each of those fiscal years to carry out [subsection (b)](#b).
    - (C) **Fiscal years 2026 through 2030—** Of the funds of the Commodity Credit Corporation, the [Secretary](/usc/7/8302.md?p=14) shall make available to carry out this section $233,000,000 for each of fiscal years 2026 through 2030, of which—
      - (i) not less than $10,000,000 shall be made available for each such fiscal year to carry out [subsection (a)](#a);
      - (ii) not less than $70,000,000 shall be made available for each such fiscal year to carry out [subsection (b)](#b); and
      - (iii) not less than $153,000,000 shall be made available for each such fiscal year to carry out [subsection (c)](#c).
    - (D) **Subsequent fiscal years—** Of the funds of the Commodity Credit Corporation, the [Secretary](/usc/7/8302.md?p=14) shall make available to carry out this section $75,000,000 for fiscal year 2031 and each fiscal year thereafter, of which not less than $45,000,000 shall be made available for each of those fiscal years to carry out [subsection (b)](#b).
  - (2) **Authorization of appropriations—**
    - (A) **National animal health laboratory network—** In addition to the funds made available under [paragraph (1)](#d-1), there is authorized to be appropriated $30,000,000 for each of fiscal years 2019 through 2023 to carry out [subsection (a)](#a).
    - (B) **National Animal Disease Preparedness and Response Program; National Animal Vaccine and Veterinary Countermeasures Bank—** In addition to the funds made available under [paragraph (1)](#d-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)](#b) and [(c)](#c).
    - (C) **Additionality—** The funds authorized for appropriation under this paragraph are in addition to any funds authorized or otherwise made available under this section or [section 8316 of this title](/usc/7/8316.md).
  - (3) **Administrative costs—**
    - (A) **Secretary—** Of the funds made available under this section or [section 8316 of this title](/usc/7/8316.md) to carry out the National [Animal](/usc/7/8302.md?p=1) Health Laboratory Network under [subsection (a)](#a) and the National [Animal](/usc/7/8302.md?p=1) [Disease](/usc/7/8302.md?p=3) Preparedness and Response Program under [subsection (b)](#b), not more than 4 percent may be retained by the [Secretary](/usc/7/8302.md?p=14) to pay administrative costs incurred by the [Secretary](/usc/7/8302.md?p=14).
    - (B) **Eligible entities—** Of the funds made available under this section or [section 8316 of this title](/usc/7/8316.md) to carry out the National [Animal](/usc/7/8302.md?p=1) [Disease](/usc/7/8302.md?p=3) Preparedness and Response Program under [subsection (b)](#b), not more than 10 percent may be retained by an eligible entity that receives funds under any agreement entered into under such subsection, including any sub-agreement under [paragraph (7)(B)](#b-7-B) of such subsection to pay administrative costs incurred by the eligible entity to carry out activities under the Program.
  - (4) **Duration of availability—** Funds made available under this subsection, including any proceeds credited under [paragraph (5)](#d-5), shall remain available until expended.
  - (5) **Proceeds from veterinary countermeasures sales—** Any proceeds of a sale of [veterinary countermeasures](/usc/7/8302.md?p=18) from the Vaccine [Bank](/usc/7/27.md?p=a) shall be—
    - (A) deposited into the Treasury of the [United States](/usc/7/8302.md?p=17); and
    - (B) credited to the account for the operation of the Vaccine [Bank](/usc/7/27.md?p=a) to be made available for expenditure without further appropriation.
  - (6) **Limitations on use of funds for certain purposes—** Funds made available under the National [Animal](/usc/7/8302.md?p=1) Health Laboratory Network, the National [Animal](/usc/7/8302.md?p=1) [Disease](/usc/7/8302.md?p=3) Preparedness and Response Program, and the Vaccine [Bank](/usc/7/27.md?p=a) shall not be used for the construction of a new building or [facility](/usc/7/8302.md?p=6) or the acquisition or expansion of an existing building or [facility](/usc/7/8302.md?p=6), including site grading and improvement and architect fees.
- (e) **Availability and purpose of funding—**
  - (1) **In general—** Using the funds made available under [subsection (d)](#d), the [Secretary](/usc/7/8302.md?p=14) of Agriculture shall offer to [enter](/usc/7/8302.md?p=4) into contracts, grants, cooperative agreements, or other legal instruments under subsections [(a)](#a) through [(c)](#c) during each of the fiscal years 2019 through 2023.
  - (2) **Effect—** Nothing in [paragraph (1)](#e-1) shall be construed to terminate a contract, grant, cooperative agreement, or other legal instrument entered into during the period specified in such paragraph.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(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; Pub. L. 119–21, title I, § 10607(a), July 4, 2025, 139 Stat. 110.)

## Notes

### 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, Government Organization and Employees, and was substantially 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 preceding section 101 of Title 5.

### Amendments

2025—Subsec. (d)(1)(B). Pub. L. 119–21, § 10607(a)(1), substituted “Fiscal years 2023 through 2025” for “Subsequent fiscal years” in heading and “each of fiscal years 2023 through 2025” for “fiscal year 2023 and each fiscal year thereafter” in text.

Subsec. (d)(1)(C), (D). Pub. L. 119–21, § 10607(a)(2), added subpars. (C) and (D).

2018—Pub. L. 115–334, § 12101(b)(1), substituted “Animal disease prevention and management” for “National animal health laboratory network” in section catchline.

Subsec. (a). Pub. L. 115–334, § 12101(b)(2), (4), substituted “National Animal Health Laboratory Network” for “Definition of eligible laboratory” in heading, inserted par. (1) designation and heading and substituted “In this subsection,” for “In this section,”, redesignated subsecs. (b) and (c) as pars. (2) and (3), respectively, and realigned margins.

Subsec. (a)(2). Pub. L. 115–334, § 12101(b)(3)(B), redesignated 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), redesignated 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 subsecs. (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.