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[107th Congress Public Law 9]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ009.107]

[[Page 115 STAT. 11]]

Public Law 107-9
107th Congress

                                 An Act

 
    To establish a Federal interagency task force for the purpose of 
   coordinating actions to prevent the outbreak of bovine spongiform 
  encephalopathy (commonly known as ``mad cow disease'') and foot-and-
 mouth disease in the United States. <<NOTE: May 24, 2001 -  [S. 700]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Animal Disease 
Risk Assessment, Prevention, and Control Act of 2001.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Animal Disease Risk Assessment, 
Prevention, and Control Act of 2001''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) it is in the interest of the United States to maintain 
        healthy livestock herds;
            (2) managing the risks of foot-and-mouth disease, bovine 
        spongiform encephalopathy, and related diseases in the United 
        States may require billions of dollars for remedial activities 
        by consumers, producers, and distributors of livestock and 
        animal and blood products;
            (3) the potential introduction of those diseases into the 
        United States would cause devastating financial losses to--
                    (A) the agriculture industry and other economic 
                sectors; and
                    (B) United States trade in the affected animals and 
                animal products;
            (4) foot-and-mouth disease is a severe and highly contagious 
        viral infection affecting cattle, deer, goats, sheep, swine, and 
        other animals;
            (5) the most effective means of eradicating foot-and-mouth 
        disease is by the slaughter of affected animals;
            (6) while foot-and-mouth disease was eradicated in the 
        United States in 1929, the virus could be reintroduced by--
                    (A) a single infected animal, an animal product, or 
                a person carrying the virus;
                    (B) an act of terrorism; or
                    (C) other means;
            (7) once introduced, foot-and-mouth disease can spread 
        quickly through--
                    (A) exposure to aerosols from infected animals;
                    (B) direct contact with infected animals; and
                    (C) contact with contaminated feed, equipment, or 
                humans harboring the virus or carrying the virus on 
                their clothing;

[[Page 115 STAT. 12]]

            (8) foot-and-mouth disease is endemic to more than \2/3\ of 
        the world and is considered to be widespread in parts of Africa, 
        Asia, Europe, and South America;
            (9) foot-and-mouth disease occurs in over 7 different 
        serotypes and 60 subtypes;
            (10) as foot-and-mouth disease outbreaks have occurred, the 
        United States has banned the importation of live ruminants and 
        swine and many animal products from countries affected by foot-
        and-mouth disease;
            (11) recently, the United States has implemented bans in 
        response to outbreaks in Argentina, the European Union, and 
        Taiwan;
            (12) although United States exclusion programs have been 
        successful at keeping foot-and-mouth disease out of the United 
        States since 1929, recent outbreaks in Argentina, the European 
        Union, and Taiwan are placing an unprecedented strain on our 
        animal health system;
            (13) bovine spongiform encephalopathy is a transmissible, 
        neuro-degenerative disease found in cattle;
            (14) in cattle with bovine spongiform encephalopathy, the 
        active agent is found primarily in the brain and spinal cord and 
        has not been found in commonly consumed beef products;
            (15) bovine spongiform encephalopathy is thought to have an 
        incubation period of several years but is ultimately fatal to 
        cattle within weeks of onset of the active disease;
            (16) bovine spongiform encephalopathy was first widely found 
        in 1986 in cattle in the United Kingdom;
            (17) bovine spongiform encephalopathy-carrying cattle have 
        been found in cattle in Belgium, Denmark, France, Germany, 
        Ireland, Italy, Liechtenstein, Luxembourg, the Netherlands, 
        Portugal, Spain, and Switzerland;
            (18) cattle infected with bovine spongiform encephalopathy 
        originating from the United Kingdom have been found and 
        intercepted in Canada;
            (19) since 1989, the Secretary of Agriculture has prohibited 
        the importation of live grazing animals from countries where 
        bovine spongiform encephalopathy has been found in cattle;
            (20) other products derived from grazing animals, such as 
        blood meal, bonemeal, fat, fetal bovine serum, glands, meat-and-
        bone meal, and offal, are prohibited from entry, except under 
        special conditions or under permits issued by the Secretary of 
        Agriculture for scientific or research purposes;
            (21) on December 12, 1997, the Secretary of Agriculture 
        extended those restrictions to include all countries in Europe 
        because of concerns about widespread risk factors and inadequate 
        surveillance for bovine spongiform encephalopathy;
            (22) on December 7, 2000, the Secretary of Agriculture 
        prohibited all imports of rendered animal protein products from 
        Europe;
            (23) Creutzfeldt-Jacob disease is a human spongiform 
        encephalopathy;
            (24) on March 20, 1996, the Spongiform Encephalopathy 
        Advisory Committee of the United Kingdom announced the 
        identification of 10 cases of a new variant of Creutzfeldt-Jacob 
        disease;
            (25) all 10 patients developed onsets of the disease in 1994 
        or 1995;

[[Page 115 STAT. 13]]

            (26) scientific experts (including scientists at the 
        Department of Agriculture, the Department of Health and Human 
        Services, and the World Health Organization) are studying the 
        possible link (including potential routes of transmission) 
        between bovine spongiform encephalopathy and variant 
        Creutzfeldt-Jacob disease;
            (27) from October 1996 to December 2000, 87 cases of variant 
        Creutzfeldt-Jacob disease have been reported in the United 
        Kingdom, 3 cases in France, and 1 case in Ireland; and
            (28) to reduce the risk of human spongiform encephalopathies 
        in the United States, the Commissioner of Food and Drugs has--
                    (A) banned individuals who lived in Great Britain 
                for at least 180 days since 1980 from donating blood in 
                the United States; and
                    (B) established regulations that prohibit the 
                feeding of most animal-derived proteins to grazing 
                animals.

    (b) Purpose.--The purpose of this Act is to provide the people of 
the United States and Congress with information concerning--
            (1) actions by Federal agencies to prevent foot-and-mouth 
        disease, bovine spongiform encephalopathy, and related diseases;
            (2) the sufficiency of legislative authority to prevent or 
        control foot-and-mouth disease, bovine spongiform 
        encephalopathy, and related diseases in the United States;
            (3) the economic impacts associated with the potential 
        introduction of foot-and-mouth disease, bovine spongiform 
        encephalopathy, and related diseases into the United States; and
            (4) the risks to public health from possible links between 
        bovine spongiform encephalopathy and other spongiform 
        encephalopathies to human illnesses.

SEC. 3. REPORT TO CONGRESS.

    (a) Preliminary Report.--
            (1) In <<NOTE: Deadline.>> general.--Not later than 30 days 
        after the date of enactment of this Act, the Secretary of 
        Agriculture shall submit to the committees and subcommittees 
        described in paragraph (2) a preliminary report concerning--
                    (A) coordinated interagency activities to assess, 
                prevent, and control the spread of foot-and-mouth 
                disease and bovine spongiform encephalopathy in the 
                United States;
                    (B) sources of information from the Federal 
                Government available to the public on foot-and-mouth 
                disease and bovine spongiform encephalopathy; and
                    (C) any immediate needs for additional legislative 
                authority, appropriations, or product bans to prevent 
                the introduction of foot-and-mouth disease or bovine 
                spongiform encephalopathy into the United States.
            (2) Submission of report to congress.--The Secretary shall 
        submit the preliminary report to--
                    (A) the Committee on Agriculture of the House of 
                Representatives;
                    (B) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate;

[[Page 115 STAT. 14]]

                    (C) the Subcommittee on Agriculture, Rural 
                Development, and Related Agencies of the Committee on 
                Appropriations of the Senate; and
                    (D) the Subcommittee on Agriculture, Rural 
                Development, Food and Drug Administration, and Related 
                Agencies of the Committee on Appropriations of the House 
                of Representatives.

    (b) Final Report.--
            (1) In <<NOTE: Deadline.>> general.--Not later than 180 days 
        after the date of enactment of this Act, the Secretary of 
        Agriculture shall submit to the committees and subcommittees 
        described in subsection (a)(2) a final report that--
                    (A) discusses the economic impacts associated with 
                the potential introduction of foot-and-mouth disease, 
                bovine spongiform encephalopathy, and related diseases 
                into the United States;
                    (B) discusses the potential risks to public and 
                animal health from foot-and-mouth disease, bovine 
                spongiform encephalopathy, and related diseases; and
                    (C) provides recommendations to protect the health 
                of animal herds and citizens of the United States from 
                those risks including, if necessary, recommendations for 
                additional legislation, appropriations, or product bans.
            (2) Contents.--The report shall contain--
                    (A) an assessment of the risks to the public 
                presented by the potential presence of foot-and-mouth 
                disease, bovine spongiform encephalopathy, and related 
                diseases in domestic and imported livestock, livestock 
                and animal products, wildlife, and blood products;
                    (B) recommendations to reduce and manage the risks 
                of foot-and-mouth disease, bovine spongiform 
                encephalopathy, and related diseases;
                    (C) any plans of the Secretary to identify, prevent, 
                and control foot-and-mouth disease, bovine spongiform 
                encephalopathy, and related diseases in domestic and 
                imported livestock, livestock products, wildlife, and 
                blood products;
                    (D) a description of the incidence and prevalence of 
                foot-and-mouth disease, bovine spongiform 
                encephalopathy, variant Creutzfeldt-Jacob disease, and 
                related diseases in other countries;
                    (E) a description and an analysis of the 
                effectiveness of the measures taken to assess, prevent, 
                and control the risks of foot-and-mouth disease, bovine 
                spongiform encephalopathy, variant Creutzfeldt-Jacob 
                disease, and related diseases in other countries;
                    (F) a description and an analysis of the 
                effectiveness of the measures that the public, private, 
                and nonprofit sectors have taken to assess, prevent, and 
                control the risk of foot-and-mouth disease, bovine 
                spongiform encephalopathy, and related diseases in the 
                United States, including controls of ports of entry and 
                other conveyances;
                    (G) a description of the measures taken to prevent 
                and control the risk of bovine spongiform encephalopathy 
                and variant Creutzfeldt-Jacob disease transmission 
                through blood collection and transfusion;

[[Page 115 STAT. 15]]

                    (H) a description of any measures (including any 
                planning or managerial initiatives such as interagency, 
                intergovernmental, international, and public-private 
                sector partnerships) that any Federal agency plans to 
                initiate or continue to assess, prevent, and control the 
                spread of foot-and-mouth disease, bovine spongiform 
                encephalopathy, variant Creutzfeldt-Jacob disease, and 
                related diseases in the United States and other 
                countries;
                    (I) plans by Federal agencies (including the Centers 
                for Disease Control and Prevention)--
                          (i) to monitor the incidence and prevalence of 
                      the transmission of foot-and-mouth disease, bovine 
                      spongiform encephalopathy, variant Creutzfeldt-
                      Jacob disease, and related diseases in the United 
                      States; and
                          (ii) to assess the effectiveness of efforts to 

                      prevent and control the spread of foot-and-mouth 
                      disease, bovine spongiform encephalopathy, variant 
                      Creutzfeldt-Jacob disease, and related diseases in 
                      the United States;
                    (J) plans by Federal agencies (including the 
                Agricultural Research Service, the Cooperative State 
                Research, Education, and Extension Service, and the 
                National Institutes of Health) to carry out, in 
                partnership with the private sector--
                          (i) research programs into the causes and 
                      mechanism of transmission of foot-and-mouth 
                      disease and bovine spongiform encephalopathy; and
                          (ii) diagnostic tools and preventive and 
                      therapeutic agents for foot-and-mouth disease, 
                      bovine spongiform encephalopathy, variant 
                      Creutzfeldt-Jacob disease, and related diseases;
                    (K) plans for providing appropriate compensation for 
                affected animals in the event of the introduction of 
                foot-and-mouth disease, bovine spongiform 
                encephalopathy, or related diseases into the United 
                States; and
                    (L) recommendations to Congress for legislation that 
                will improve efforts to assess, prevent, or control the 
                transmission of foot-and-mouth disease, bovine 
                spongiform encephalopathy, variant Creutzfeldt-Jacob 
                disease, and related diseases in the United States and 
                in other countries.

    (c) Consultation.--
            (1) Preliminary report.--In preparing the preliminary report 
        under subsection (a), the Secretary shall consult with--
                    (A) the Secretary of the Treasury;
                    (B) the Secretary of Commerce;
                    (C) the Secretary of State;
                    (D) the Secretary of Health and Human Services;
                    (E) the Secretary of Defense;
                    (F) the United States Trade Representative;
                    (G) the Director of the Federal Emergency Management 
                Agency; and
                    (H) representatives of other appropriate Federal 
                agencies;
            (2) Final report.--In preparing the final report under 
        subsection (b), the Secretary shall consult with--
                    (A) the individuals listed in paragraph (1);

[[Page 115 STAT. 16]]

                    (B) private and nonprofit sector experts in 
                infectious disease, research, prevention, and control;
                    (C) international, State, and local governmental 
                animal health officials;
                    (D) private, nonprofit, and public sector livestock 
                experts;
                    (E) representatives of blood collection and 
                distribution entities; and
                    (F) representatives of consumer and patient 
                organizations and other interested members of the 
                public.

    Approved May 24, 2001.

LEGISLATIVE HISTORY--S. 700:
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CONGRESSIONAL RECORD, Vol. 147 (2001):
            Apr. 5, considered and passed Senate.
            May 9, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
            May 24, Presidential statement.

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