I

106TH CONGRESS

2D SESSION H. R. 4801

To consolidate and revise the authority of the Secretary of Agriculture relating

to protection of animal health.

IN THE HOUSE OF REPRESENTATIVES

JUNE 29, 2000

Mr. PETERSON of Minnesota (for himself and Mr. POMBO) introduced the following bill; which was referred to the Committee on Agriculture, and in

addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such

provisions as fall within the jurisdiction of the committee concerned

A BILL

To consolidate and revise the authority of the Secretary

of Agriculture relating to protection of animal health.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Animal Health Protection Act’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title and table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

Sec. 4. Restriction on importation or entry.

Sec. 5. Exportation.

Sec. 6. Interstate movement.
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Sec. 7. Seizure, quarantine, and disposal.

Sec. 8. Inspections, seizures, and warrants.

Sec. 9. Detection, control, and eradication of diseases and pests.

Sec. 10. Veterinary accreditation program.

Sec. 11. Cooperation.

Sec. 12. Reimbursable agreements.

Sec. 13. Buildings, land, people, agreements, and claims.

Sec. 14. Firearms.

Sec. 15. Penalties for violation.

Sec. 16. Enforcement.

Sec. 17. Authorization of appropriations and transfer authority.

Sec. 18. Regulations and orders.

Sec. 19. Preemption.

Sec. 20. Severability.

Sec. 21. Repeals and conforming amendments.

1 SEC. 2. FINDINGS.

2 The Congress finds that—

3 (1) the prevention, detection, control, and eradi4 cation of diseases and pests of animals are essential

5 to protect animal health and the health and welfare

6 of the people of the United States, the economic in7 terests of the United States livestock and related in8 dustries, the environment of the United States, and

9 interstate and foreign commerce of the United

10 States in animals and other articles;

11 (2) animal diseases and pests are primarily

12 transmitted by animals and articles regulated under

13 this Act;

14 (3) the health of animals is affected by the

15 methods by which animals and articles are trans16 ported in interstate commerce and foreign com17 merce;
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1 (4) the Secretary must continue to conduct re2 search on animal diseases and pests which con3 stitutes a threat to the livestock of the United

4 States; and

5 (5) all animals and articles regulated under this

6 Act are in or affect interstate commerce or foreign

7 commerce, and regulation by the Secretary and co8 operation by the Secretary with other nations, States

9 or other jurisdictions, or persons are necessary to

10 prevent and eliminate burdens on interstate com11 merce and foreign commerce, to regulate effectively

12 interstate commerce and foreign commerce, and to

13 protect the agriculture, the environment, the econ14 omy, and the health and welfare of the people of the

15 United States.

16 SEC. 3. DEFINITIONS.

17 As used in this Act:

18 (1) ANIMAL.—The term ‘‘animal’’ means any

19 member of the animal kingdom (except humans), in20 cluding embryos.

21 (2) ARTICLE.—The term ‘‘article’’ means any

22 pest or disease or any material or tangible object

23 that could harbor pests or diseases.

24 (3) DISEASE.—The term ‘‘disease’’ means any

25 infectious or non-infectious disease or condition af-
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1 fecting the health of livestock or any condition detri2 mental to production or marketing of livestock.

3 (4) ENTER AND ENTRY.—The terms enter and

4 entry mean to move into, or the act of movement

5 into, the commerce of the United States.

6 (5) EXPORT AND EXPORTATION.—The terms

7 export and exportation mean to move from, or the

8 act of movement from, the United States to any

9 place outside of the United States.

10 (6) FACILITY.—The term ‘‘facility’’ means any

11 structure.

12 (7) IMPORT AND IMPORTATION.—The term im13 port and importation mean to move into, or the act

14 of movement into, the territorial limits of the United

15 States.

16 (8) INTERSTATE.—The term ‘‘interstate’’

17 means—

18 (A) from one State into or through any

19 other State; or

20 (B) within the District of Columbia,

21 Guam, the Virgin Islands of the United States,

22 or any other territory or possession of the

23 United States.
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1 (9) INTERSTATE COMMERCE.—The term ‘‘inter2 state commerce’’ means trade, traffic, or other

3 commerce—

4 (A) between a place in a State and a point

5 in another State, or between points within the

6 same State but through any place outside that

7 State; or

8 (B) within the District of Columbia,

9 Guam, the Virgin Islands of the United States,

10 or any other territory or possession of the

11 United States.

12 (10) LIVESTOCK.—The term ‘‘livestock’’ means

13 all farm-raised animals, including embryos of such

14 animals.

15 (11) MEANS OF CONVEYANCE.—The term

16 ‘‘means of conveyance’’ means any personal property

17 used for or intended for use for the movement of

18 any other personal property.

19 (12) MOVE AND RELATED TERMS.—The terms

20 move, moving, and movement mean—

21 (A) to carry, enter, import, mail, ship, or

22 transport;

23 (B) to aid, abet, cause, or induce the car24 rying, entering, importing, mailing, shipping, or

25 transporting;
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1 (C) to offer to carry, enter, import, mail,

2 ship, or transport;

3 (D) to receive in order to carry, enter, im4 port, mail, ship, or transport;

5 (E) to release into the environment; or

6 (F) to allow any of the activities included

7 within this paragraph.

8 (13) PERSON.—The term ‘‘person’’ means any

9 individual, partnership, corporation, association,

10 joint venture, or other legal entity.

11 (14) PEST.—The term pest means any living

12 stage of any of the following that can directly or in13 directly injure, cause damage to, or cause disease in

14 any animal:

15 (A) A protozoan.

16 (B) A plant.

17 (C) A bacteria.

18 (D) A fungus.

19 (E) A virus or viroid.

20 (F) An infectious agent or other pathogen.

21 (G) An arthropod.

22 (H) A parasite.

23 (I) A prion.

24 (J) A vector.
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1 (K) Any organism similar to or allied with

2 any of the organisms specified in the preceding

3 subparagraphs.

4 (15) SECRETARY.—The term ‘‘Secretary’’

5 means the Secretary of Agriculture.

6 (16) STATE.—The term ‘‘State’’ means any of

7 the several States of the United States, the Com8 monwealth of the Northern Mariana Islands, the

9 Commonwealth of Puerto Rico, the District of Co10 lumbia, Guam, the Virgin Islands of the United

11 States, or any other territory or possession of the

12 United States.

13 (17) THIS ACT.—Except when used in this sec14 tion, the term this Act includes any regulation or

15 order issued by the Secretary under the authority of

16 this Act.

17 (18) UNITED STATES.—The term ‘‘United

18 States’’ means all of the States.

19 SEC. 4. RESTRICTION ON IMPORTATION OR ENTRY.

20 (a) IN GENERAL.—The Secretary may prohibit or re21 strict the—

22 (1) importation or entry of any animal, article,

23 or means of conveyance or use of any means of con24 veyance or facility if the Secretary determines that

25 the prohibition or restriction is necessary to prevent
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1 the possibility of introduction into or dissemination

2 within the United States of any pest or disease of

3 livestock;

4 (2) importation or entry of any livestock if the

5 Secretary determines that the livestock is unfit to be

6 moved;

7 (3) further movement of any animal that has

8 strayed into the United States if the Secretary de9 termines that the prohibition or restriction is nec10 essary to prevent the possibility of introduction or

11 dissemination of any disease or pest of livestock

12 within the United States; and

13 (4) use of any means of conveyance in connec14 tion with the importation or entry of livestock if the

15 Secretary determines that the prohibition or restric16 tion is necessary because the means of conveyance

17 does not have accommodations for the safe and

18 proper movement and humane treatment of live19 stock.

20 (b) REGULATIONS.—The Secretary may issue regula21 tions requiring that any animal, article, or means of con22 veyance imported, entered, or moved in interstate

23 commerce—
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1 (1) be subject to remedial measures the Sec2 retary determines to be necessary to prevent the

3 spread of any disease or pest of livestock; and

4 (2) with respect to animals, be raised or han5 dled under post-import quarantine conditions by or

6 under the supervision of the Secretary for the pur7 poses of determining whether the animal may be af8 fected by any disease or pest of livestock.

9 (c) DESTRUCTION OR REMOVAL.—

10 (1) IN GENERAL.—The Secretary may order the

11 destruction or the removal from the United States

12 of—

13 (A) any animal, article, or means of con14 veyance that has been imported but has not en15 tered the United States if the Secretary deter16 mines that destruction or removal from the

17 United States is necessary to prevent the possi18 bility of the introduction or dissemination of

19 any disease or pest of livestock into or within

20 the United States;

21 (B) any animal, article, means of convey22 ance, or progeny of any animal that has been

23 imported or entered in violation of this Act;

24 (C) any livestock imported, but not en25 tered, that is unfit to be moved; and
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1 (D) any animal that has strayed into the

2 United States if the Secretary determines that

3 destruction or removal from the United States

4 is necessary to prevent the possibility of the in5 troduction or dissemination of any disease or

6 pest of livestock into or within the United

7 States.

8 (2) REQUIREMENTS OF OWNERS.—If an owner

9 or agent of the owner fails to comply with the Sec10 retary’s order, the Secretary may destroy or remove

11 from the United States the animal, article, or means

12 of conveyance as authorized under paragraph (1)

13 and recover from the owner or agent of the owner

14 the costs of any care, handling, and disposal in15 curred by the Secretary in connection with the de16 struction or removal.

17 SEC. 5. EXPORTATION.

18 (a) IN GENERAL.—The Secretary may prohibit or re19 strict the—

20 (1) exportation of any animal, article, or means

21 of conveyance if the Secretary determines that the

22 prohibition or restriction is necessary to prevent the

23 possibility of dissemination from or within the

24 United States of any disease or pest of livestock;
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1 (2) exportation of any livestock if the Secretary

2 determines that the livestock is unfit to be moved;

3 (3) use of any means of conveyance or facility

4 in connection with the exportation of any animal or

5 article if the Secretary determines that the prohibi6 tion or restriction is necessary to prevent the possi7 bility of dissemination from or within the United

8 States of any disease or pest of livestock; and

9 (4) use of any means of conveyance in connec10 tion with the exportation of livestock if the Secretary

11 determines that the prohibition or restriction is nec12 essary because the means of conveyance does not

13 have accommodations for the safe and proper move14 ment and humane treatment of livestock.

15 (b) CERTIFICATION.—The Secretary may certify as

16 to the class, quality, quantity, condition, processing, han17 dling, or storage of any animal or article intended for ex18 port.

19 SEC. 6. INTERSTATE MOVEMENT.

20 (a) IN GENERAL.—The Secretary may prohibit or re21 strict the—

22 (1) movement in interstate commerce of any

23 animal, article, or means of conveyance if the Sec24 retary determines that the prohibition or restriction

25 is necessary to prevent the possibility of interstate
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1 introduction or dissemination of any disease or pest

2 of livestock; and

3 (2) use of any means of conveyance or facility

4 in connection with the movement in interstate com5 merce of any animal or article if the Secretary deter6 mines that the prohibition or restriction is necessary

7 to prevent the possibility of interstate introduction

8 or dissemination of any disease or pest of livestock.

9 (b) MOVEMENT OF LIVESTOCK.—

10 (1) IN GENERAL.—No person shall confine al11 paca, bison, buffalo, camel, cattle, deer, donkey, elk,

12 goat, horse, llama, mule, reindeer, sheep, swine, or

13 such other animals that the Secretary may designate

14 in regulation, except embryos of such animals and

15 equines for slaughter, moved in interstate commerce

16 in any means of conveyance for a period longer than

17 twenty-eight consecutive hours without unloading

18 such animals in a humane manner into properly

19 equipped pens for rest, water, and feeding, for a pe20 riod of at least five consecutive hours, unless pre21 vented by storm or by other accidental or unavoid22 able causes which cannot be anticipated or avoided

23 by the exercise of due diligence and foresight.

24 (2) TIME OF CONFINEMENT.—When calculating

25 the time of confinement, the time consumed in load-
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1 ing and unloading shall not be considered, but the

2 time during which such animals have been confined

3 on any connecting means of conveyance without un4 loading in accordance with paragraph (1) shall be

5 included.

6 (3) RESTING AND FEEDING.—

7 (A) IN GENERAL.—Such animals unloaded

8 under this subsection shall be properly rested,

9 fed, and watered either by the owner or shipper,

10 or in the case of a default in so doing, then by

11 the owner or operator of the means of convey12 ance transporting such animals, at the reason13 able expense of the owner or shipper of such

14 animals.

15 (B) LIENS.—The owner or operator of the

16 means of conveyance transporting such animals

17 shall in such case have a lien upon such ani18 mals for food, water, care, and custody fur19 nished, collectible at destination in the same

20 manner as the transportation charges are col21 lected, and shall not be liable for any detention

22 when the detention is of reasonable duration to

23 enable compliance with this subsection.

24 (C) OWNER OR SHIPPER PROVIDING FOOD

25 OR WATER.—Nothing in this subsection shall be
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1 construed to prevent the owner or shipper from

2 furnishing food and water, if the owner or ship3 per so desires.

4 (4) APPLICATION OF REQUIREMENT.—The re5 quirements of this subsection do not apply if such

6 animals are carried in any means of conveyance in

7 which proper food, water, space, and opportunity to

8 rest have been provided, as determined by the Sec9 retary.

10 SEC. 7. SEIZURE, QUARANTINE, AND DISPOSAL

11 (a) IN GENERAL.—The Secretary may hold, seize,

12 quarantine, treat, apply other remedial measures to, de13 stroy or otherwise dispose of—

14 (1) any animal, article, or means of conveyance

15 that is moving or has been moved in interstate com16 merce or has been imported and that the Secretary

17 has reason to believe may carry, may have carried,

18 may have been affected with or exposed to any pest

19 or disease of livestock at the time of movement or

20 which is otherwise in violation of this Act;

21 (2) any animal, article, means of conveyance, or

22 progeny of any animal that is moving or is being

23 handled or has moved or has been handled in inter24 state commerce in violation of this Act;
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1 (3) any animal, article, means of conveyance, or

2 progeny of any animal that has been imported and

3 is moving or is being handled or has moved or has

4 been handled in violation of this Act; and

5 (4) any animal, article, means of conveyance, or

6 progeny of any animal that the Secretary finds is

7 not being maintained or has not been maintained in

8 accordance with any post-import quarantine, post9 import condition, post-movement quarantine, or

10 post-movement condition in accordance with this

11 Act.

12 (b) EXTRAORDINARY EMERGENCY.—

13 (1) IN GENERAL.—If the Secretary determines

14 that an extraordinary emergency exists because of

15 the presence in the United States of a dangerous

16 disease or pest of livestock and that the presence of

17 the disease or pest threatens the livestock of the

18 United States, the Secretary may—

19 (A) quarantine any State, portion of a

20 State, or premises in which the Secretary

21 finds—

22 (i) any animal that is or may have

23 been affected with or exposed to the dis24 ease or pest; or
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1 (ii) any article, facility, or means of

2 conveyance that the Secretary finds is or

3 was so related to an animal that was pos4 sibly affected or exposed to the disease or

5 pest or so related to the disease or pest as

6 to be a possible means of disseminating the

7 disease or pest;

8 (B) hold, seize, treat, apply other remedial

9 measures to, destroy, or otherwise dispose of—

10 (i) any animal that the Secretary has

11 reason to believe is or may have been af12 fected with or exposed to the disease or

13 pest, or

14 (ii) any article, facility, or means of

15 conveyance that the Secretary has reason

16 to believe is or was so related to an animal

17 that was possibly affected or exposed to

18 the disease or pest as to be a possible

19 means of disseminating the disease or pest;

20 (C) prohibit or restrict the movement with21 in a State of any animal or article, or means of

22 conveyance if the Secretary determines that the

23 prohibition or restriction is necessary to prevent

24 the possibility of dissemination of the disease or

25 pest; and
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1 (D) prohibit or restrict the use of any arti2 cle, means of conveyance, or facility in connec3 tion with the movement within a State of any

4 animal or article if the Secretary determines

5 that the prohibition or restriction is necessary

6 to prevent the possibility of dissemination of the

7 disease or pest.

8 (2) LIMITATION.—The Secretary may take ac9 tion under this subsection upon finding, after review

10 and consultation with the Governor or other appro11 priate official of the State, that measures being

12 taken by the State are inadequate to control and

13 eradicate the disease or pest. Before any action is

14 taken in any State under this subsection, the Sec15 retary shall notify the Governor or other appropriate

16 official of the State, issue a public announcement,

17 and, except as provided in the following sentence,

18 file for publication in the Federal Register a state19 ment of the Secretary’s findings, the action the Sec20 retary intends to take, and the reasons for the in21 tended action. If it is not possible to file for publica22 tion in the Federal Register prior to taking action,

23 the filing shall be made within a reasonable time,

24 not to exceed 10 business days, after commencement

25 of the action.
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1 (c) DISPOSAL AND QUARANTINE REQUIREMENTS OF

2 OWNERS.—The Secretary, in writing, may order the

3 owner of any animal, article, facility, or means of convey4 ance referred to in subsections (a) or (b), or the agent

5 of the owner, to maintain in quarantine and to dispose

6 of the animal, article, facility, or means of conveyance in

7 any manner as the Secretary may direct. If the owner or

8 agent of the owner fails to comply with the Secretary’s

9 order, the Secretary may seize, quarantine, or dispose of

10 the animal, article, facility, or means of conveyance as au11 thorized by subsection (a) or (b) and recover from the

12 owner, or agent of the owner, the costs of any care, han13 dling, and disposal incurred by the Secretary in connection

14 with the seizure, quarantine, or disposal.

15 (d) COMPENSATION.—

16 (1) IN GENERAL.—The Secretary shall com17 pensate the owner of any animal, article, facility, or

18 means of conveyance which the Secretary requires to

19 be destroyed pursuant to this section.

20 (2) LEVEL.—

21 (A) IN GENERAL.—The compensation shall

22 be based upon the fair market value as deter23 mined by the Secretary of the animal, article,

24 facility, or means of conveyance.
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1 (B) LIMITATION.—Compensation paid any

2 owner under this subsection shall not exceed the

3 difference between any compensation received

4 by the owner from a State or other source and

5 the fair market value of the animal, article, fa6 cility, or means of conveyance.

7 (C) REVIEWABILITY OF DETERMINA8 TION.—The determination by the Secretary of

9 the amount to be paid under this subsection

10 shall be final and shall not be subject to judicial

11 review.

12 (3) EXCEPTIONS.—No payment shall be made

13 by the Secretary under this subsection for—

14 (A) any animal, article, facility, or means

15 of conveyance that has been moved or handled

16 by the owner or the owner’s agent, in violation

17 of an agreement for the control and eradication

18 of diseases or pests or in violation of this Act;

19 (B) any progeny of any animal or article,

20 which animal or article has been moved or han21 dled by the owner of the animal or article, or

22 the owner’s agent, in violation of this Act;

23 (C) any animal, article, or means of con24 veyance that is refused entry under this Act; or
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1 (D) any animal, article, facility, or means

2 of conveyance that becomes or has become af3 fected with or exposed to any disease or pest of

4 livestock because of a violation of an agreement

5 for the control and eradication of diseases or

6 pests or a violation of this Act.

7 SEC. 8. INSPECTIONS, SEIZURES, AND WARRANTS.

8 (a) ROLE OF ATTORNEY GENERAL.—The activities

9 authorized by this section shall be carried out consistent

10 with guidelines approved by the Attorney General.

11 (b) WARRANTLESS INSPECTIONS.—The Secretary

12 may stop and inspect, without a warrant, any person or

13 means of conveyance moving—

14 (1) into the United States to determine whether

15 the person or means of conveyance is carrying any

16 animal or article regulated under this Act or is mov17 ing subject to this Act;

18 (2) in interstate commerce upon probable cause

19 to believe that the person or means of conveyance is

20 carrying any animal or article, regulated under this

21 Act or is moving subject to this Act; and

22 (3) in intrastate commerce from any State, por23 tion of a State, or premises quarantined under sec24 tion 7(b) upon probable cause to believe that the

25 person or means of conveyance is carrying any ani-
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1 mal or article regulated under section 7(b) or is

2 moving subject to section 7(b).

3 (c) INSPECTIONS WITH A WARRANT.—

4 (1) GENERAL AUTHORITY.—The Secretary may

5 enter, with a warrant, any premises in the United

6 States for the purpose of making inspections and

7 seizures under this Act.

8 (2) APPLICATION AND ISSUANCE OF A WAR9 RANT.—Upon proper oath or affirmation showing

10 probable cause to believe that there is on certain

11 premises any animal, article, facility, or means of

12 conveyance regulated under this Act, a United

13 States judge, a judge of a court of record in the

14 United States, or a United States magistrate judge

15 may, within the judge’s or magistrate’s jurisdiction,

16 issue a warrant for the entry upon the premises to

17 make any inspection or seizure under this Act. The

18 warrant may be applied for and executed by the Sec19 retary or any United States Marshal.

20 SEC. 9. DETECTION, CONTROL, AND ERADICATION OF DIS21 EASES AND PESTS.

22 (a) IN GENERAL.—The Secretary may carry out op23 erations and measures, including the drawing of blood and

24 diagnostic testing of animals, including animals at slaugh-
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1 terhouses, stockyards, and other points of concentration

2 to—

3 (1) detect, control, and eradicate any disease or

4 pest of animals; and

5 (2) detect and control any conditions detri6 mental to production and marketing of livestock.

7 (b) COMPENSATION.—The Secretary may pay claims

8 growing out of the voluntary destruction of any animal

9 possibly affected with or exposed to any disease or pest.

10 SEC. 10. VETERINARY ACCREDITATION PROGRAM.

11 The Secretary may establish a veterinary accredita12 tion program consistent with the purposes of this Act, in13 cluding the establishment of standards of conduct for ac14 credited veterinarians.

15 SEC. 11. COOPERATION.

16 (a) IN GENERAL.—The Secretary may cooperate with

17 other Federal agencies, States or political subdivisions of

18 States, national governments, local governments of other

19 nations, domestic or international organizations, domestic

20 or international associations, and other persons to carry

21 out this Act.

22 (b) RESPONSIBILITY.—The person or other entity co23 operating with the Secretary shall be responsible for the

24 authority necessary to carry out the operations or meas25 ures on all lands and properties within the foreign country
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1 or State, other than those owned or controlled by the

2 United States, and for other facilities and means as the

3 Secretary determines necessary.

4 (c) USE OF FUNDS.—In addition to the purposes

5 specified in this section, funds appropriated pursuant to

6 this section may be used for printing and binding without

7 regard to section 501 of title 44, United States Code, for

8 the employment of civilian nationals of countries involved,

9 and for the construction and operation of research labora10 tories, quarantine stations, and other buildings and facili11 ties for special purposes.

12 (d) SCREWWORMS.—

13 (1) IN GENERAL.—The Secretary may inde14 pendently or in cooperation with national govern15 ments of other nations, international organizations,

16 or international associations produce and sell sterile

17 screwworms to any national government of other na18 tions, international organization, or international as19 sociation, if the Secretary determines that the live20 stock industry and related industries of the United

21 States will not be adversely affected by the produc22 tion and sale.

23 (2) PROCEEDS.—If the Secretary independently

24 produces and sells sterile screwworms in accordance

25 with paragraph (1), the proceeds of the sale shall be
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1 deposited into the Treasury of the United States and

2 be credited to the appropriation from which the op3 erating expenses of the facility producing the sterile

4 screwworm have been paid. If the Secretary cooper5 ates to produce and sell sterile screwworms in ac6 cordance with paragraph (1), the proceeds of the

7 sale shall be divided between the United States and

8 the national government, international organization,

9 or international association with which the Secretary

10 cooperates, as determined by the Secretary. The

11 United States portion of the proceeds shall be depos12 ited into the Treasury of the United States and be

13 credited to the appropriation from which the oper14 ating expenses of the facility producing the sterile

15 screwworm have been paid.

16 (e) COOPERATION IN PROGRAM ADMINISTRATION.—

17 The Secretary may cooperate with State authorities or

18 other persons in the administration of regulations for the

19 improvement of livestock and their products.

20 (f) CONSULTATION WITH OTHER FEDERAL AGEN21 CIES.—The Secretary shall consult with the appropriate

22 Secretary or head of another Federal agency with respect

23 to any activity that is subject to regulation by that Federal

24 agency.
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1 SEC. 12. REIMBURSABLE AGREEMENTS.

2 (a) AUTHORITY TO ENTER INTO AGREEMENTS.—

3 The Secretary may enter into reimbursable fee agreements

4 with persons for pre-clearance of animals or articles at lo5 cations outside the United States for movement into the

6 United States.

7 (b) FUNDS COLLECTED FOR PRECLEARANCE.—

8 Funds collected for pre-clearance shall be credited to ac9 counts which may be established by the Secretary for this

10 purpose and shall remain available until expended for the

11 pre-clearance activities without fiscal year limitation.

12 (c) PAYMENT OF EMPLOYEES.—

13 (1) IN GENERAL.—Notwithstanding any other

14 law, the Secretary may pay employees of the United

15 States Department of Agriculture performing serv16 ices relating to imports into and exports from the

17 United States, for all overtime, night, or holiday

18 work performed by them at rates of pay established

19 by the Secretary.

20 (2) REIMBURSEMENT.—

21 (A) IN GENERAL.—The Secretary may re22 quire persons for whom the services are per23 formed to reimburse the Secretary for any sums

24 of money paid by the Secretary for the services.

25 (B) USE OF FUNDS.—All funds collected

26 under this subsection shall be credited to the
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1 account that incurs the costs and shall remain

2 available until expended without fiscal year lim3 itation.

4 (d) LATE PAYMENT PENALTIES.—

5 (1) COLLECTION.—Upon failure to reimburse

6 the Secretary in accordance with this section, the

7 Secretary may assess a late payment penalty, and

8 the overdue funds shall accrue interest, as required

9 by section 3717 of title 31, United States Code.

10 (2) USE OF FUNDS.—Any late payment penalty

11 and any accrued interest shall be credited to the ac12 count that incurs the costs and shall remain avail13 able until expended without fiscal year limitation.

14 SEC. 13. BUILDINGS, LAND, PEOPLE, AGREEMENTS, AND

15 CLAIMS.

16 (a) IN GENERAL.—The Secretary may acquire and

17 maintain all real or personal property for special purposes

18 and employ any persons, make grants, and enter into any

19 contracts, cooperative agreements, memoranda of under20 standing, or other agreements necessary for carrying out

21 this Act.

22 (b) TORT CLAIMS.—

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the Secretary may pay tort claims, in the

25 manner authorized in the first paragraph of section
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1 2672 of title 28, United States Code, when the

2 claims arise outside the United States in connection

3 with activities authorized under this Act.

4 (2) REQUIREMENTS OF A CLAIM.—A claim may

5 not be allowed under this subsection unless it is pre6 sented in writing to the Secretary within two years

7 after the claim accrues.

8 SEC. 14. FIREARMS.

9 Any employee of the United States Department of

10 Agriculture designated by the Secretary and the Attorney

11 General of the United States may carry a firearm and use

12 a firearm when necessary for self-protection, in accordance

13 with regulations issued by the Secretary and the Attorney

14 General of the United States, while the employee is en15 gaged in the performance of the employee’s official duties

16 to carry out this Act.

17 SEC. 15. PENALTIES FOR VIOLATION.

18 (a) CRIMINAL PENALTIES.—Any person who know19 ingly violates this Act, or who knowingly forges, counter20 feits, or, without authority from the Secretary, uses, al21 ters, defaces, or destroys any certificate, permit, or other

22 document provided for in this Act shall be guilty of a mis23 demeanor, and, upon conviction, shall be fined in accord24 ance with the provisions of title 18, United States Code,
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1 imprisoned for a period not exceeding one year, or fined

2 and imprisoned.

3 (b) CIVIL PENALTY.—

4 (1) IN GENERAL.—Any person who violates this

5 Act, or who forges, counterfeits, or, without author6 ity from the Secretary, uses, alters, defaces, or de7 stroys any certificate, permit, or other document

8 provided for in this Act may, after notice and oppor9 tunity for a hearing on the record, be assessed a

10 civil penalty by the Secretary—

11 (A) $50,000 in the case of any individual

12 (except that the civil penalty may not exceed

13 $1,000 in the case of an initial violation of this

14 Act by an individual moving regulated articles

15 not for monetary gain), $250,000 in the case of

16 any other person for each violation, and

17 $500,000 for all violations adjudicated in a sin18 gle proceeding; or

19 (B) twice the gross gain or gross loss for

20 any violation or forgery, counterfeiting, or un21 authorized use, defacing or destruction of a cer22 tificate, permit, or other document provided for

23 in this Act that results in the person deriving

24 pecuniary gain or causing pecuniary loss to an25 other.
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1 (2) FACTORS IN DETERMINING CIVIL PEN2 ALTY.—In determining the amount of a civil penalty,

3 the Secretary shall take into account the nature, cir4 cumstance, extent, and gravity of the violation or

5 violations and the Secretary may consider, with re6 spect to the violator, ability to pay, effect on ability

7 to continue to do business, any history of prior viola8 tions, the degree of culpability, and any other factors

9 the Secretary deems appropriate.

10 (3) SETTLEMENT OF CIVIL PENALTIES.—The

11 Secretary may compromise, modify, or remit, with or

12 without conditions, any civil penalty that may be as13 sessed under this subsection.

14 (4) FINALITY OF ORDERS.—The order of the

15 Secretary assessing a civil penalty shall be treated as

16 a final order reviewable under chapter 158 of title

17 28, United States Code. The validity of the Sec18 retary’s order may not be reviewed in an action to

19 collect the civil penalty. Any civil penalty not paid in

20 full when due under an order assessing the civil pen21 alty shall thereafter accrue interest until paid at the

22 rate of interest applicable to civil judgments of the

23 courts of the United States.

24 (c) SUSPENSION OR REVOCATION OF ACCREDITA25 TION.—
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1 (1) IN GENERAL.—The Secretary may, after

2 notice and opportunity for a hearing on the record,

3 suspend or revoke the accreditation of any veteri4 narian accredited under this Act who violates this

5 Act. The order of the Secretary suspending or revok6 ing accreditation shall be treated as a final order re7 viewable under chapter 158 of title 28, United

8 States Code.

9 (2) SUMMARY SUSPENSION.—

10 (A) IN GENERAL.—Notwithstanding para11 graph (1), the Secretary may summarily sus12 pend the accreditation of a veterinarian, whom

13 the Secretary has reason to believe has violated

14 a provision of this Act, to protect the public

15 health, interest, or safety.

16 (B) HEARING.—The Secretary shall pro17 vide the accredited veterinarian with a subse18 quent notice and an opportunity for a prompt

19 post-suspension hearing on the record.

20 (d) LIABILITY FOR ACTS OF AN AGENT.—When con21 struing and enforcing this Act, the act, omission, or failure

22 of any officer, agent, or person acting for or employed by

23 any other person within the scope of his or her employ24 ment or office, shall be deemed also to be the act, omis25 sion, or failure of the other person.
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1 (e) GUIDELINES FOR CIVIL PENALTIES.—The Sec2 retary shall coordinate with the Attorney General to estab3 lish guidelines to determine under what circumstances the

4 Secretary may issue a civil penalty or suitable notice of

5 warning in lieu of prosecution by the Attorney General of

6 a violation of this Act.

7 SEC. 16. ENFORCEMENT.

8 (a) COLLECTION OF INFORMATION.—

9 (1) IN GENERAL.—The Secretary may gather

10 and compile information and conduct any investiga11 tions the Secretary considers necessary for the ad12 ministration and enforcement of this Act.

13 (2) SUBPOENAS.—

14 (A) IN GENERAL.—The Secretary shall

15 have power to subpoena the attendance and tes16 timony of any witness, and the production of all

17 documentary evidence relating to the adminis18 tration or enforcement of this Act or any mat19 ter under investigation in connection with this

20 Act.

21 (B) LOCATION OF PRODUCTION.—The at22 tendance of any witness and production of doc23 umentary evidence may be required from any

24 place in the United States at any designated

25 place of hearing.
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1 (C) ENFORCEMENT OF SUBPOENA.—In

2 case of disobedience to a subpoena by any per3 son, the Secretary may request the Attorney

4 General to invoke the aid of any court of the

5 United States within the jurisdiction in which

6 the investigation is conducted, or where the per7 son resides, is found, transacts business, is li8 censed to do business, or is incorporated in re9 quiring the attendance and testimony of any

10 witness and the production of documentary evi11 dence. In case of a refusal to obey a subpoena

12 issued to any person, a court may order the

13 person to appear before the Secretary and give

14 evidence concerning the matter in question or

15 to produce documentary evidence. Any failure

16 to obey the court’s order may be punished by

17 the court as contempt of the court.

18 (D) COMPENSATION.—Witnesses sum19 moned by the Secretary shall be paid the same

20 fees and mileage that are paid to witnesses in

21 courts of the United States, and witnesses

22 whose depositions are taken and the persons

23 taking the depositions shall be entitled to the

24 same fees that are paid for similar services in

25 the courts of the United States.
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1 (E) PROCEDURES.—The Secretary shall

2 publish procedures for the issuance of sub3 poenas under this section. Such procedures

4 shall include a requirement that subpoenas be

5 reviewed for legal sufficiency and signed by the

6 Secretary. If the authority to sign a subpoena

7 is delegated, the agency receiving the delegation

8 shall seek review for legal sufficiency outside

9 that agency.

10 (F) SCOPE OF SUBPOENA.—Subpoenas for

11 witnesses to attend court in any judicial district

12 or testify or produce evidence at an administra13 tive hearing in any judicial district in any ac14 tion or proceeding arising under this Act may

15 run to any other judicial district.

16 (b) AUTHORITY OF THE ATTORNEY GENERAL.—The

17 Attorney General may—

18 (1) prosecute, in the name of the United States,

19 all criminal violations of this Act that are referred

20 to the Attorney General by the Secretary or are

21 brought to the notice of the Attorney General by any

22 person;

23 (2) bring an action to enjoin the violation of or

24 to compel compliance with this Act, or to enjoin any

25 interference by any person with the Secretary in car-
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•HR 4801 IH

1 rying out this Act, whenever the Secretary has rea2 son to believe that the person has violated, or is

3 about to violate this Act, or has interfered, or is

4 about to interfere, with the Secretary; and

5 (3) bring an action for the recovery of any un6 paid civil penalty, funds under reimbursable agree7 ments, late payment penalty, or interest assessed

8 under this Act.

9 (c) COURT JURISDICTION.—

10 (1) IN GENERAL.—The United States district

11 courts, the District Court of Guam, the District

12 Court of the Virgin Islands, the highest court of

13 American Samoa, and the United States courts of

14 the other territories and possessions are vested with

15 jurisdiction in all cases arising under this Act. Any

16 action arising under this Act may be brought, and

17 process may be served in the judicial district where

18 a violation or interference occurred or is about to

19 occur, or where the person charged with the viola20 tion, interference, impending violation, impending in21 terference, or failure to pay resides, is found, trans22 acts business, is licensed to do business, or is incor23 porated.

24 (2) EXCEPTION.—Paragraph (1) does not apply

25 to subsections (b) and (c) of section 15.
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1 SEC. 17. AUTHORIZATION OF APPROPRIATIONS AND

2 TRANSFER AUTHORITY.

3 (a) AUTHORIZATION OF APPROPRIATION.—There are

4 authorized to be appropriated such sums of money as may

5 be necessary to carry out this Act.

6 (b) AUTHORITY TO TRANSFER CERTAIN FUNDS.—

7 The Secretary may, in connection with an emergency in

8 which a disease or pest of livestock threatens any segment

9 of the agricultural production of the United States, trans10 fer from other appropriations or funds available to the

11 agencies or corporations of the Department of Agriculture

12 any sum of money as the Secretary may deem necessary

13 to be available in the emergency for the arrest, control,

14 eradication, and prevention of the spread of the disease

15 or pest of livestock and for related expenses. Any funds

16 transferred under this section shall remain available for

17 such purposes without fiscal year limitation.

18 SEC. 18. REGULATIONS AND ORDERS.

19 The Secretary may issue any regulations or orders

20 as the Secretary deems necessary to carry out this Act.

21 SEC. 19. PREEMPTION.

22 (a) REGULATION OF FOREIGN COMMERCE.—No

23 State or political subdivision of a State may regulate the

24 movement in foreign commerce of any animal, article, or

25 means of conveyance in order to control a disease or pest

26 of livestock.
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•HR 4801 IH

1 (b) REGULATION OF INTERSTATE COMMERCE.—

2 (1) IN GENERAL.—Except as provided in para3 graph (2), no State or political subdivision of a

4 State my regulate the movement in interstate com5 merce of any animal, article, or means of conveyance

6 in order to control a disease or pest of livestock.

7 (2) EXCEPTIONS.—

8 (A) REGULATIONS CONSISTENT WITH FED9 ERAL REGULATIONS.—A State or a political

10 subdivision of a State may impose a prohibition

11 or restriction upon the movement in interstate

12 commerce of an animal, article, or means of

13 conveyance that is consistent with, and does not

14 exceed, regulations or orders issued by the Sec15 retary.

16 (B) SPECIAL NEED.—A State or political

17 subdivision of a State may impose a prohibition

18 or restriction upon the movement in interstate

19 commerce of an animal, article, or means of

20 conveyance that is in addition to a prohibition

21 or restriction imposed by the Secretary, if the

22 State or political subdivision of a State dem23 onstrates to the Secretary and the Secretary

24 finds that there is a special need for an addi-
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•HR 4801 IH

1 tional prohibition or restriction based on sound

2 scientific data or a thorough risk assessment.

3 SEC. 20. SEVERABILITY.

4 If any provision of this Act or application of any pro5 vision of this Act to any person or circumstance is held

6 invalid, the remainder of this Act and the application of

7 the provision to other persons and circumstances shall not

8 be affected by the invalidity.

9 SEC. 21. REPEALS AND CONFORMING AMENDMENTS.

10 (a) REPEALS.—The following provisions of law are

11 hereby repealed:

12 (1) Section 101(b) of the Department of Agri13 culture Organic Act of 1944 (7 U.S.C. 429).

14 (2) The Act of August 28, 1950 (Chap. 815, 64

15 Stat. 561, 7 U.S.C. 2260), An Act to enable the

16 Secretary of Agriculture to furnish, upon a reim17 bursable basis, certain inspection services involving

18 overtime work.

19 (3) Section 919 of the Federal Agriculture Im20 provement and Reform Act of 1996 (7 U.S.C.

21 2260a).

22 (4) Section 1 of the Act of October 14, 1982

23 (7 U.S.C. 2274), An Act to authorize certain em24 ployees of the United States Department of Agri25 culture charged with the enforcement of animal
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•HR 4801 IH

1 quarantine laws to carry firearms for self-protection

2 and to improve the quality of table grapes for mar3 keting in the United States.

4 (5) Section 306 of the Tariff Act of 1930 (19

5 U.S.C. 1306).

6 (6) Sections 6–8 and 10 of the Act of August

7 30, 1890 (21 U.S.C. 102–105), An Act providing for

8 an inspection of meats for exportation, prohibiting

9 the importation of adulterated articles of food or

10 drink, and authorizing the President to make procla11 mation in certain cases, and for other purposes.

12 (7) The Act of February 2, 1903 (21 U.S.C.

13 111, 120–122), An Act to enable the Secretary of

14 Agriculture to more effectively suppress and prevent

15 the spread of contagious and infectious diseases of

16 livestock, and for other purposes.

17 (8) Sections 2–9, 11, and 13 of the Act of May

18 29, 1884 (Chap. 60, 23 Stat. 32, 21 U.S.C. 112,

19 113, 114, 114a, 114a–1, 115–120, and 130).

20 (9) Sections 1, 2, 3, and 5 of the Act of Feb21 ruary 28, 1947 (21 U.S.C. 114b, 114c, 114d, and

22 114d–1), An Act to authorize the Secretary of Agri23 culture to cooperate with the Government of Mexico

24 in the control and elimination of foot and mouth dis25 ease and rinderpest.
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•HR 4801 IH

1 (10) The Act of June 16, 1948 (21 U.S.C.

2 114e and 114f), An Act authorizing additional re3 search and investigation into problems and methods

4 relating to the eradication of cattle grubs, and for

5 other purposes.

6 (11) The Act of September 6, 1961 (21 U.S.C.

7 114g–114h), An Act to provide for a national hog

8 cholera eradication program.

9 (12) Section 2506 of the Food, Agriculture,

10 Conservation, and Trade Act of 1990 (21 U.S.C.

11 114i).

12 (13) The third and fourth provisos of the fourth

13 paragraph under the heading Bureau of Animal In14 dustry of the Act of May 31, 1920 (21 U.S.C. 116),

15 An Act making appropriations for the Department

16 of Agriculture for fiscal year ending June 30,

17 1921’’.

18 (14) Sections 1–4 and 6 of the Act of March

19 3, 1905 (21 U.S.C. 123–127).

20 (15) The first proviso under the heading Gen21 eral Expenses, Bureau of Animal Industry in the

22 Act of June 30, 1914 (21 U.S.C. 128), An Act mak23 ing appropriations for the Department of Agri24 culture for the fiscal year ending June thirtieth,

25 nineteen hundred and fifteen.
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1 (16) The fourth proviso in the paragraph under

2 the heading Salaries and Expenses, Animal and

3 Plant Health Inspection Service of the Department

4 of Agriculture, Rural Development, Food and Drug

5 Administration, and Related Agencies Appropriation

6 Act, 1999 (21 U.S.C. 129).

7 (17) The third paragraph under the heading

8 Miscellaneous of the Act of May 26, 1910 (21

9 U.S.C. 131), An Act making appropriations for the

10 Department of Agriculture for the fiscal year ending

11 June thirtieth, nineteen hundred and eleven.

12 (18) Sections 1–6 and 11–13 of the Act of July

13 2, 1962 (21 U.S.C. 134–134h), An Act to provide

14 greater protection against the introduction and dis15 semination of diseases of livestock and poultry, and

16 for other purposes.

17 (19) The Act of May 6, 1970 (Public Law 91–

18 239, 84 Stat. 202, 21 U.S.C. 135–135b).

19 (20) Sections 12 through 14 of the Federal

20 Meat Inspection Act (21 U.S.C. 612–614).

21 (21) Sections 3901 and 3902 of title 46, United

22 States Code.

23 (22) Section 80502 of title 49, United States

24 Code.
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1 (23) The first section of Public Law 97–46 (7

2 U.S.C. 147b).

3 (b) CONFORMING AMENDMENT.—(1) Section 18 of

4 the Federal Meat Inspection Act (21 U.S.C. 618) is

5 amended by striking of the cattle and all that follows

6 through as herein described and inserting the carcasses

7 and products of cattle, sheep, swine, goats, horses, mules,

8 and other equines.

9 (2) Section 2509(c) of the Food, Agriculture, Con10 servation, and Trade Act of 1990 (21 U.S.C. 136a(c)) is

11 amended by adding after paragraph (1) the following:

12 ‘‘(2) The Secretary of Agriculture is authorized

13 to prescribe and collect fees to recover the costs of

14 carrying out the provisions of the Animal Health

15 Protection Act which relate to veterinary

16 diagnostics.’’.

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