I 
108TH CONGRESS 
2D SESSION 
H. R. 3714
To provide better protection against bovine spongiform encephalopathy and 
other prion diseases. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 21, 2004
Ms. DELAURO (for herself and Ms. LEE) introduced the following bill; which 
was referred to the Committee on Agriculture, and in addition to the 
Committees on Energy and Commerce, and Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To provide better protection against bovine spongiform 
encephalopathy and other prion diseases.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘BSE and Other Prion 
Disease Prevention and Public Health Protection Act’’. 
SEC. 2. DEFINITIONS. 
In this Act:
(1) BSE.—The term ‘‘BSE’’ means bovine 
spongiform encephalopathy. 
(2) COVERED ARTICLE.—
(A) IN GENERAL.—The term ‘‘covered ar-
ticle’’ means—
(i) food or feed for a plant, animal, or 
human; 
(ii) a food or nutritional supplement; 
(iii) a medicine; 
(iv) a pituitary-derived hormone; 
(v) transplant material; 
(vi) a fertilizer; 
(vii) a cosmetic; and 
(viii) any other article of a kind that 
is ordinarily ingested, implanted, or other-
wise taken into a living organism. 
(B) EXCLUSIONS.—The term ‘‘covered ar-
ticle’’ does not include—
(i) an unprocessed agricultural com-
modity that is readily identifiable as non-
animal in origin, such as a vegetable, 
grain, or nut; 
(ii) an article described in subpara-
graph (A) that, based on compelling sci-
entific evidence, the Secretary determines
does not pose a risk of transmitting prion 
disease; or 
(iii) an article regulated by the Sec-
retary that, as determined by the Sec-
retary—
(I) poses a minimal risk of car-
rying prion disease; and 
(II) is necessary to protect indi-
vidual or public health. 
(3) CWD.—The term ‘‘CWD’’ means chronic 
wasting disease. 
(4) PRION DISEASE.—The term ‘‘prion disease’’ 
means—
(A) 
a 
transmissible 
spongiform 
encephalopathy (including prion diseases that 
affect humans, cattle, bison, sheep, goats, deer, 
elk, and mink); and 
(B) any related disease, as determined by 
the Secretary. 
(5) SPECIFIED RISK MATERIAL.—
(A) IN
GENERAL.—The term ‘‘specified 
risk material’’ means—
(i) the skull, brain, trigeminal ganglia, 
eyes, tonsils, spinal cord, vertebral column, 
or dorsal root ganglia of—
(I) cattle and bison 30 months of 
age and older; or 
(II) sheep, goats, deer, and elk 
12 months of age and older; 
(ii) the intestinal tract of a ruminant 
of any age; and 
(iii) any other material of a ruminant 
that may carry a prion disease, as deter-
mined by the Secretary, based on scientif-
ically credible research. 
(B) MODIFICATION.—The Secretary may 
modify the definition of specified risk material 
based on scientifically credible research (includ-
ing the conduct of ante-mortem and post-
mortem tests certified by the Secretary of Agri-
culture). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
SEC. 3. PROTECTION OF BORDERS. 
(a) PROHIBITIONS.—
(1) DISCLOSURE
REQUIREMENT.—It shall be 
unlawful for any person to import a covered arti-
cle—
(A) in the case of a covered article that 
contains animal-derived material, if the covered