(1) MONITORING AND EVALUATION.—The Sec-
retary shall—
(A) monitor the implementation of section 
589.2000 of title 21, Code of Federal Regula-
tions; and 
(B) annually conduct a formal evaluation 
of that section and the implementation of that 
section. 
(2) ENFORCEMENT PLAN.—
(A) IN GENERAL.—The Secretary shall de-
velop and implement a plan for enforcing sec-
tion 589.2000 of title 21, Code of Federal Reg-
ulations. 
(B) CONTENTS.—The plan shall include—
(i) a computer database that would 
allow for effective management of inspec-
tion data; 
(ii) a hierarchy of enforcement actions 
to be taken; 
(iii) timeframes for persons that are 
subject to that section to correct violations; 
and 
(iv) timeframes for follow-up inspec-
tions to confirm that violations are cor-
rected.
(3) REVIEW OF EXCLUSION OF CERTAIN POR-
TIONS OF ANIMALS FROM DEFINITION OF PROTEIN 
DERIVED FROM MAMMALIAN TISSUES.—On the mo-
tion of the Secretary or on the petition of any per-
son that, citing scientifically credible evidence, dem-
onstrates that there is reason to believe that any of 
the portions of mammalian animals excluded from 
the definition of protein derived from mammalian 
tissues in section 589.2000(a) of title 21, Code of 
Federal Regulations, may carry prion disease, the 
Secretary shall commence a proceeding to determine 
whether the exclusion should be modified or stricken. 
(c) ANIMAL FEED PREPARATION
AND FEEDING 
PRACTICES.—
(1) SURVEY.—
(A) IN GENERAL.—During the 18-month 
period beginning on the date of enactment of 
this Act, the Secretary and the Secretary of Ag-
riculture shall jointly conduct a survey of ani-
mal feed preparation practices and animal feed-
ing practices to determine—
(i) the extent of compliance with this 
section; and
(ii) the extent to which ruminants are 
being fed feed that contains no ruminant-
derived material. 
(B) REPORTS.—
(i) INTERIM REPORT.—Not later than 
180 days after the date of enactment of 
this Act, the Secretary and the Secretary 
of Agriculture shall jointly submit to Con-
gress an interim report on the results of 
the surveys conducted under subparagraph 
(A). 
(ii) FINAL REPORT.—Not later than 
18 months after the date of enactment of 
this Act, the Secretary and the Secretary 
of Agriculture shall jointly submit to Con-
gress a final report on the results of the 
survey conducted under subparagraph (A). 
(2) PREVENTION OF ADMIXING.—
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary, in consultation with the Secretary of Ag-
riculture, shall promulgate regulations requiring 
producers that feed both ruminants and 
nonruminants on the same farm to institute a
system to prevent admixing of ruminant feed 
and nonruminant feed. 
(B) RECORDKEEPING.—The regulations 
under subparagraph (A) shall require a pro-
ducer to maintain feed purchase invoices and 
related records for a minimum of 2 years. 
SEC. 5. SURVEILLANCE OF BSE AND PRION DISEASES IN 
HUMANS AND ANIMALS. 
(a) REPORTS
ON SURVEILLANCE
OF PRION DIS-
EASES.—The Secretary, in consultation with the Secretary 
of Agriculture, shall annually submit to Congress a report 
that describes—
(1) the surveillance programs to assess the 
prevalence of prion diseases in the United States; 
and 
(2) the surveillance of prion disease infectivity 
and the testing of cattle in the United States. 
(b) RUMINANT IDENTIFICATION PROGRAM.—Title I 
of the Federal Meat Inspection Act (21 U.S.C. 601 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 25. RUMINANT IDENTIFICATION PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary shall establish a 
ruminant identification program that is capable of tracing, 
within 48 hours, after an animal is diagnosed with any 
reportable animal disease or any condition that can cause
disease in humans, the movements of all exposed animals 
from birth to slaughter. 
‘‘(b) REQUIREMENTS.—
‘‘(1) IN GENERAL.—Under the ruminant identi-
fication program, the Secretary shall identify cattle, 
sheep, goats, bison, deer, and elk and any other ru-
minant species intended for human consumption 
through a nationally recognizable uniform num-
bering system under which an identification number 
is assigned to—
‘‘(A) each premises of a producer; and 
‘‘(B) each individual animal or group or lot 
of animals, as determined by the Secretary. 
‘‘(2) 
CONTINUATION
OF
EXISTING
PRO-
GRAMS.—The program shall augment, and not sup-
plant, nationally recognized systems in existence on 
the date of enactment of this section, such as the 
program for scrapie traceback and eradication in 
sheep and goats. 
‘‘(c) PROHIBITION OR RESTRICTION ON ENTRY.—
The Secretary may prohibit or restrict entry into any 
slaughtering establishment inspected under this Act of any 
cattle, sheep, goats, bison, deer, elk, or other ruminant 
intended for human consumption that is not identified 
under the program.
(c) PROGRAMS.—Not later than 1 year after the date 
of enactment of this Act—
(1) the Secretary of Agriculture shall develop 
programs to—
(A)(i) waive diagnostic laboratory charges 
for the diagnosis of neurological disease in 
ruminants and mink; 
(ii) provide compensation for each submis-
sion payable to the attending veterinarian to 
pay the costs of obtaining and processing neu-
rological samples; and 
(iii) develop a program to pay a fee to ren-
derers for each cattle head not already tested 
that is submitted to a certified lab for BSE 
testing; 
(B)(i) fund the development of the national 
animal health laboratory network; 
(ii) expand the network to include all cer-
tified Federal, State, and university veterinary 
diagnostic laboratories; and 
(iii) facilitate the timely processing of sam-
ples from surveillance and epidemiological in-
vestigation; 
(C) require rapid prion disease screening 
tests on—
(i) all cattle and bison 30 months of 
age and older and all sheep, goats, deer, 
and elk 12 months of age and older pre-
sented for slaughter and intended for 
human consumption; and 
(ii) all such livestock of a younger age 
than either of the ages specified in clause 
(i) if the Secretary determines, based on 
scientifically credible research, that screen-
ing of livestock of a younger age should be 
conducted; 
(D) require rapid prion disease screening 
tests on all nonambulatory ruminants, including 
all ruminants exhibiting neurological signs, 
when presented at a slaughterhouse or for dis-
posal; 
(E) ensure that any ruminant tested for 
BSE is excluded from use in any animal feed 
until the test is confirmed negative in a writing 
that clearly identifies the carcass with the nega-
tive test result and that all ruminants exhib-
iting neurological signs are excluded from the 
human food supply regardless of the results of 
the BSE test;
(F) establish standards for the collection, 
chain of custody, and storage of appropriate 
neurological samples for BSE testing; 
(G) assess consumer response to the first 
BSE case and further develop a communication 
strategy to address public concern regarding 
the safety of ruminant products; 
(H) expand, in conjunction with the Sec-
retary of the Interior, the collection of animal 
tissue by Federal, State, tribal, and local agen-
cies for testing for chronic wasting disease; 
(I) develop programs to require CWD herd 
certification and interstate movement restric-
tions for farm raised deer and elk; and 
(J) develop a coordinated strategy to iden-
tify resources needed to increase inspections of 
imported goods; and 
(2) the Secretary shall develop programs to—
(A) develop, in conjunction with the Na-
tional Prion Disease Pathology Research Center 
at Case Western Reserve University, processes 
to expand survey efforts for prion diseases in 
humans; 
(B) evaluate the effectiveness of practices 
in effect as of the date of enactment of this Act
to protect the human blood supply from con-
tamination from blood infected with prion dis-
ease; and 
(C) develop a coordinated strategy to iden-
tify resources needed to increase inspections of 
imported goods. 
(d) LIAISON.—Each of the Secretary and the Sec-
retary of Agriculture shall establish liaison positions at 
each appropriate Undersecretary level to ensure adequate 
coordination and communication between the Department 
of Health and Human Services and the Department of Ag-
riculture regarding prion diseases. 
(e) TASK FORCE.—
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this Act, the Secretary and 
the Secretary of Agriculture shall jointly establish a 
task force on prion diseases to provide recommenda-
tions to Congress on the status of all surveillance 
and research programs. 
(2) MEMBERSHIP.—The Task Force shall in-
clude representatives of—
(A) the Food Safety and Inspection Serv-
ice; 
(B) the Animal and Plant Health Inspec-
tion Service;
(C) the Agricultural Research Service; 
(D) the Food and Drug Administration; 
(E) the Centers for Disease Control and 
Prevention; 
(F) the National Institutes of Health; 
(G) the Customs Service; 
(H) the National Prion Research Program; 
(I) the Public Health Service; and 
(J) any other Federal Agency the assist-
ance of which the President determines is re-
quired to carry out this subsection. 
(3) EXISTING
TASK
FORCE.—The Secretary 
may expand or amend an existing task force to per-
form the duties of the task force under this section. 
(4) DUTIES.—The task force shall—
(A) evaluate, with respect to prion dis-
eases, the need for structural changes in and 
among Federal agencies that exercise jurisdic-
tion over food safety and other aspects of public 
health protection; 
(B) prioritize prion disease resource and 
prion disease research needs at all Federal 
agencies that exercise jurisdiction over matters 
relating to prion diseases, including—
(i) genetics markers for all species af-
fected by prion disease; 
(ii) in vivo diagnostic tests; 
(iii) human blood supply diagnostic 
tests; 
(iv) therapies for humans and ani-
mals; 
(v) processing techniques that dena-
ture the prion protein in carcasses and 
other materials; and 
(vi) development of stunning devices 
that are humane, protect worker safety, 
and do not allow contamination of meat 
products; and 
(C) perform such other duties pertaining 
to surveillance and research of prion disease as 
the Secretary may specify. 
(5) PRELIMINARY
RECOMMENDATIONS.—Not 
later than 180 days after the date of enactment of 
this Act, the task force shall submit to Congress any 
preliminary recommendations of the task force. 
(6) FINAL RECOMMENDATIONS.—Not later than 
1 year after the date of enactment of this Act, the 
task force shall submit to Congress the final rec-
ommendations of the task force.
SEC. 6. ENFORCEMENT. 
(a) COOPERATION.—The Secretary and the heads of 
other Federal agencies, as appropriate, shall cooperate 
with the Attorney General in enforcing this Act. 
(b) DUE PROCESS.—Any person subject to enforce-
ment action under this section shall have the opportunity 
for an informal hearing on the enforcement action as soon 
as practicable after, but not later than 10 days after, the 
enforcement action is taken. 
(c) REMEDIES.—In addition to any remedies avail-
able under other provisions of law, the head of a Federal 
agency may enforce this Act by—
(1) seizing and destroying an article that is in-
troduced into interstate or foreign commerce in vio-
lation of this Act; or 
(2) issuing an order requiring any person that 
introduces an article into interstate or foreign com-
merce in violation of this Act—
(A) to cease the violation; 
(B)(i) to recall any article that is sold; and 
(ii) to refund the purchase price to the 
purchaser; 
(C) to destroy the article or forfeit the ar-
ticle to the United States for destruction; or 
(D) to cease operations at the facility at 
which the article is produced until the head of
the appropriate Federal agency determines that 
the operations are no longer in violation of this 
Act. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this Act—
(1) $100,000,000 for each of fiscal years 2004 
and 2005; and 
(2) such sums as are necessary for each subse-
quent fiscal year. 
(b) ALLOCATION OF FUNDS.—
(1) IN GENERAL.—Of the funds made available 
for each fiscal year under subsection (a)—
(A) 30 percent shall be available to the 
Secretary; and 
(B) 70 percent shall be available to the 
Secretary of Agriculture. 
(2) MODIFICATION
OF
ALLOCATIONS.—The 
President may alter the allocation of funding under 
paragraph (1) as needed to better protect the public 
against prion disease.
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