II

107TH CONGRESS

1ST SESSION S. 1482

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

to protection of animal health.

IN THE SENATE OF THE UNITED STATES

OCTOBER 2, 2001

Mr. HARKIN (for himself, Mr. LUGAR, Mr. HATCH, Mr. DAYTON, Mr. AKAKA,

Mr. JOHNSON, Mr. ALLARD, Mr. CRAPO, Mr. CRAIG, Mrs. LINCOLN, Mr.

HELMS, and Mr. NELSON of Nebraska) introduced the following bill;

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

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; TABLE OF CONTENTS.

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

5 ‘‘Animal Health Protection Act’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

Sec. 4. Restriction on importation or entry.
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Sec. 5. Exportation.

Sec. 6. Interstate movement.

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. Administration and claims.

Sec. 14. Penalties.

Sec. 15. Enforcement.

Sec. 16. Regulations and orders.

Sec. 17. Authorization of appropriations.

Sec. 18. Repeals and conforming amendments.

1 SEC. 2. FINDINGS.

2 Congress finds that—

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

5 to protect—

6 (A) animal health;

7 (B) the health and welfare of the people of

8 the United States;

9 (C) the economic interests of the livestock

10 and related industries of the United States;

11 (D) the environment of the United States;

12 and

13 (E) interstate commerce and foreign com14 merce of the United States in animals and

15 other articles;

16 (2) animal diseases and pests are primarily

17 transmitted by animals and articles regulated under

18 this Act;
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1 (3) the health of animals is affected by the

2 methods by which animals and articles are trans3 ported in interstate commerce and foreign com4 merce;

5 (4) the Secretary must continue to conduct re6 search on animal diseases and pests that constitute

7 a threat to the livestock of the United States; and

8 (5)(A) all animals and articles regulated under

9 this Act are in or affect interstate commerce or for10 eign commerce; and

11 (B) regulation by the Secretary and cooperation

12 by the Secretary with foreign countries, States or

13 other jurisdictions, or persons are necessary—

14 (i) to prevent and eliminate burdens on

15 interstate commerce and foreign commerce;

16 (ii) to regulate effectively interstate com17 merce and foreign commerce; and

18 (iii) to protect the agriculture, environ19 ment, economy, and health and welfare of the

20 people of the United States.

21 SEC. 3. DEFINITIONS.

22 In this Act:

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

24 member of the animal kingdom (except a human).
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1 (2) ARTICLE.—The term ‘‘article’’ means any

2 pest or disease or any material or tangible object

3 that could harbor a pest or disease.

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

5 (A) any infectious or noninfectious disease

6 or condition affecting the health of livestock; or

7 (B) any condition detrimental to produc8 tion of livestock.

9 (4) ENTER.—The term ‘‘enter’’ means to move

10 into the commerce of the United States.

11 (5) EXPORT.—The term ‘‘export’’ means to

12 move from a place within the territorial limits of the

13 United States to a place outside the territorial limits

14 of the United States.

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

16 structure.

17 (7) IMPORT.—The term ‘‘import’’ means to

18 move from a place outside the territorial limits of

19 the United States to a place within the territorial

20 limits of the United States.

21 (8) INDIAN TRIBE.—The term ‘‘Indian tribe’’

22 has the meaning given the term in section 4 of the

23 Indian Self-Determination and Education Assistance

24 Act (25 U.S.C. 450b).
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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 place

5 in another State, or between places within the

6 same State but through any place outside that

7 State; or

8 (B) within the District of Columbia or any

9 territory or possession of the United States.

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

11 all farm-raised animals.

12 (11) MEANS OF CONVEYANCE.—The term

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

14 used for or intended for use for the movement of

15 any other personal property.

16 (12) MOVE.—The term ‘‘move’’ means—

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

18 transport;

19 (B) to aid, abet, cause, or induce carrying,

20 entering, importing, mailing, shipping, or trans21 porting;

22 (C) to offer to carry, enter, import, mail,

23 ship, or transport;

24 (D) to receive in order to carry, enter, im25 port, mail, ship, or transport;
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1 (E) to release into the environment; or

2 (F) to allow any of the activities described

3 in this paragraph.

4 (13) PEST.—The term ‘‘pest’’ means any of the

5 following that can directly or indirectly injure, cause

6 damage to, or cause disease in livestock:

7 (A) A protozoan.

8 (B) A plant.

9 (C) A bacteria.

10 (D) A fungus.

11 (E) A virus or viroid.

12 (F) An infectious agent or other pathogen.

13 (G) An arthropod.

14 (H) A parasite.

15 (I) A prion.

16 (J) A vector.

17 (K) An animal.

18 (L) Any organism similar to or allied with

19 any of the organisms described in this para20 graph.

21 (14) SECRETARY.—The term ‘‘Secretary’’

22 means the Secretary of Agriculture.

23 (15) STATE.—The term ‘‘State’’ means any of

24 the States, the District of Columbia, the Common25 wealth of Puerto Rico, Guam, the Commonwealth of
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1 the Northern Mariana Islands, the Virgin Islands of

2 the United States, or any territory or possession of

3 the United States.

4 (16) THIS ACT.—Except when used in this sec5 tion, the term ‘‘this Act’’ includes any regulation or

6 order issued by the Secretary under the authority of

7 this Act.

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

9 States’’ means all of the States.

10 SEC. 4. RESTRICTION ON IMPORTATION OR ENTRY.

11 (a) IN GENERAL.—The Secretary may prohibit or

12 restrict—

13 (1) the importation or entry of any animal, arti14 cle, or means of conveyance, or use of any means of

15 conveyance or facility, if the Secretary determines

16 that the prohibition or restriction is necessary to

17 prevent the introduction into or dissemination within

18 the United States of any pest or disease of livestock;

19 (2) the further movement of any animal that

20 has strayed into the United States if the Secretary

21 determines that the prohibition or restriction is nec22 essary to prevent the introduction into or dissemina23 tion within the United States of any pest or disease

24 of livestock; and
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1 (3) the use of any means of conveyance in con2 nection with the importation or entry of livestock if

3 the Secretary determines that the prohibition or re4 striction is necessary because the means of convey5 ance has not been maintained in a clean and sani6 tary condition or does not have accommodations for

7 the safe and proper movement of livestock.

8 (b) REGULATIONS.—The Secretary may promulgate

9 regulations requiring that any animal imported or entered

10 be raised or handled under post-importation quarantine

11 conditions by or under the supervision of the Secretary

12 for the purpose of determining whether the animal is or

13 may be affected by any pest or disease of livestock.

14 (c) DESTRUCTION OR REMOVAL.—

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

16 destruction or removal from the United States of—

17 (A) any animal, article, or means of con18 veyance that has been imported but has not en19 tered the United States if the Secretary deter20 mines that destruction or removal from the

21 United States is necessary to prevent the intro22 duction into or dissemination within the United

23 States of any pest or disease of livestock;
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1 (B) any animal or progeny of any animal,

2 article, or means of conveyance that has been

3 imported or entered in violation of this Act; or

4 (C) any animal that has strayed into the

5 United States if the Secretary determines that

6 destruction or removal from the United States

7 is necessary to prevent the introduction into or

8 dissemination within the United States of any

9 pest or disease of livestock.

10 (2) REQUIREMENTS OF OWNERS.—

11 (A) ORDERS TO DISINFECT.—The Sec12 retary may require the disinfection of—

13 (i) a means of conveyance used in

14 connection with the importation of an ani15 mal;

16 (ii) an individual involved in the im17 portation of an animal and personal arti18 cles of the individual; and

19 (iii) any article used in the importa20 tion of an animal.

21 (B) FAILURE TO COMPLY WITH ORDERS.—

22 If an owner fails to comply with an order of the

23 Secretary under this section, the Secretary

24 may—
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1 (i) take remedial action, destroy, or

2 remove from the United States the animal

3 or progeny of any animal, article, or means

4 of conveyance as authorized under para5 graph (1); and

6 (ii) recover from the owner the costs

7 of any care, handling, disposal, or other

8 action incurred by the Secretary in connec9 tion with the remedial action, destruction,

10 or removal.

11 SEC. 5. EXPORTATION.

12 (a) IN GENERAL.—The Secretary may prohibit or

13 restrict—

14 (1) the exportation of any animal, article, or

15 means of conveyance if the Secretary determines

16 that the prohibition or restriction is necessary to

17 prevent the dissemination from or within the United

18 States of any pest or disease of livestock;

19 (2) the exportation of any livestock if the Sec20 retary determines that the livestock is unfit to be

21 moved;

22 (3) the use of any means of conveyance or facil23 ity in connection with the exportation of any animal

24 or article if the Secretary determines that the prohi25 bition or restriction is necessary to prevent the dis-
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1 semination from or within the United States of any

2 pest or disease of livestock; or

3 (4) the use of any means of conveyance in con4 nection with the exportation of livestock if the Sec5 retary determines that the prohibition or restriction

6 is necessary because the means of conveyance has

7 not been maintained in a clean and sanitary condi8 tion or does not have accommodations for the safe

9 and proper movement and humane treatment of live10 stock.

11 (b) REQUIREMENTS OF OWNERS.—

12 (1) ORDERS TO DISINFECT.—The Secretary

13 may require the disinfection of—

14 (A) a means of conveyance used in connec15 tion with the exportation of an animal;

16 (B) an individual involved in the expor17 tation of an animal and personal articles of the

18 individual; and

19 (C) any article used in the exportation of

20 an animal.

21 (2) FAILURE TO COMPLY WITH ORDERS.—If an

22 owner fails to comply with an order of the Secretary

23 under this section, the Secretary may—
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1 (A) take remedial action with respect to

2 the animal, article, or means of conveyance re3 ferred to in paragraph (1); and

4 (B) recover from the owner the costs of

5 any care, handling, disposal, or other action in6 curred by the Secretary in connection with the

7 remedial action.

8 (c) CERTIFICATION.—The Secretary may certify the

9 classification, quality, quantity, condition, processing, han10 dling, or storage of any animal or article intended for ex11 port.

12 SEC. 6. INTERSTATE MOVEMENT.

13 The Secretary may prohibit or restrict—

14 (1) the movement in interstate commerce of any

15 animal, article, or means of conveyance if the Sec16 retary determines that the prohibition or restriction

17 is necessary to prevent the introduction or dissemi18 nation of any pest or disease of livestock; and

19 (2) the use of any means of conveyance or facil20 ity in connection with the movement in interstate

21 commerce of any animal or article if the Secretary

22 determines that the prohibition or restriction is nec23 essary to prevent the introduction or dissemination

24 of any pest or disease of livestock.
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1 SEC. 7. SEIZURE, QUARANTINE, AND DISPOSAL.

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

3 quarantine, treat, destroy, dispose of, or take other reme4 dial action with respect to—

5 (1) any animal or progeny of any animal, arti6 cle, or means of conveyance that—

7 (A) is moving or has been moved in inter8 state commerce or has been imported and en9 tered; and

10 (B) the Secretary has reason to believe

11 may carry, may have carried, or may have been

12 affected with or exposed to any pest or disease

13 of livestock at the time of movement or that is

14 otherwise in violation of this Act;

15 (2) any animal or progeny of any animal, arti16 cle, or means of conveyance that is moving or is

17 being handled, or has moved or has been handled, in

18 interstate commerce in violation of this Act;

19 (3) any animal or progeny of any animal, arti20 cle, or means of conveyance that has been imported,

21 and is moving or is being handled or has moved or

22 has been handled, in violation of this Act; or

23 (4) any animal or progeny of any animal, arti24 cle, or means of conveyance that the Secretary finds

25 is not being maintained, or has not been maintained,

26 in accordance with any post-importation quarantine,
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1 post-importation condition, post-movement quar2 antine, or post-movement condition in accordance

3 with this Act.

4 (b) EXTRAORDINARY EMERGENCIES.—

5 (1) IN GENERAL.—Subject to paragraph (2), if

6 the Secretary determines that an extraordinary

7 emergency exists because of the presence in the

8 United States of a pest or disease of livestock and

9 that the presence of the pest or disease threatens

10 the livestock of the United States, the Secretary

11 may—

12 (A) hold, seize, treat, apply other remedial

13 actions to, destroy (including preventative

14 slaughter), or otherwise dispose of, any animal,

15 article, facility, or means of conveyance if the

16 Secretary determines the action is necessary to

17 prevent the dissemination of the pest or disease;

18 and

19 (B) prohibit or restrict the movement or

20 use within a State, or any portion of a State of

21 any animal or article, means of conveyance, or

22 facility if the Secretary determines that the pro23 hibition or restriction is necessary to prevent

24 the dissemination of the pest or disease.

25 (2) STATE ACTION.—
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1 (A) IN GENERAL.—The Secretary may

2 take action in a State under this subsection

3 only on finding that measures being taken by

4 the State are inadequate to control or eradicate

5 the pest or disease, after review and consulta6 tion with—

7 ‘‘(i) the Governor or an appropriate

8 animal health official of the State; or

9 ‘‘(ii) in the case of any animal, article,

10 facility, or means of conveyance under the

11 jurisdiction of an Indian tribe, the head of

12 the Indian tribe.

13 (B) NOTICE.—Subject to subparagraph

14 (C), before any action is taken in a State under

15 subparagraph (A), the Secretary shall—

16 (i) notify the Governor, an appro17 priate animal health official of the State,

18 or head of the Indian tribe of the proposed

19 action;

20 (ii) issue a public announcement of

21 the proposed action; and

22 (iii) publish in the Federal Register—

23 (I) the findings of the Secretary;

24 (II) a description of the proposed

25 action; and
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1 (III) a statement of the reasons

2 for the proposed action.

3 (C) NOTICE AFTER ACTION.—If it is not

4 practicable to publish in the Federal Register

5 the information required under subparagraph

6 (B)(iii) before taking action under subpara7 graph (A), the Secretary shall publish the infor8 mation as soon as practicable, but not later

9 than 10 business days, after commencement of

10 the action.

11 (c) QUARANTINE, DISPOSAL, OR OTHER REMEDIAL

12 ACTION.—

13 (1) IN GENERAL.—The Secretary, in writing,

14 may order the owner of any animal, article, facility,

15 or means of conveyance referred to in subsection (a)

16 or (b) to maintain in quarantine, dispose of, or take

17 other remedial action with respect to the animal, ar18 ticle, facility, or means of conveyance, in a manner

19 determined by the Secretary.

20 (2) FAILURE TO COMPLY WITH ORDERS.—If

21 the owner fails to comply with the order of the Sec22 retary, the Secretary may—

23 (A) seize, quarantine, dispose of, or take

24 other remedial action with respect to the ani-
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1 mal, article, facility, or means of conveyance

2 under subsection (a) or (b); and

3 (B) recover from the owner the costs of

4 any care, handling, disposal, or other remedial

5 action incurred by the Secretary in connection

6 with the seizure, quarantine, disposal, or other

7 remedial action.

8 (d) COMPENSATION.—

9 (1) IN GENERAL.—Except as provided in para10 graph (3), the Secretary shall compensate the owner

11 of any animal, article, facility, or means of convey12 ance that the Secretary requires to be destroyed

13 under this section.

14 (2) AMOUNT.—

15 (A) IN GENERAL.—Subject to subpara16 graphs (B) and (C), the compensation shall be

17 based on the fair market value, as determined

18 by the Secretary, of the destroyed animal, arti19 cle, facility, or means of conveyance.

20 (B) LIMITATION.—Compensation paid any

21 owner under this subsection shall not exceed the

22 difference between—

23 (i) the fair market value of the de24 stroyed animal, article, facility, or means

25 of conveyance; and
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1 (ii) any compensation received by the

2 owner from a State or other source for the

3 destroyed animal, article, facility, or means

4 of conveyance.

5 (C) REVIEWABILITY OF DETERMINA6 TION.—The determination by the Secretary of

7 the amount to be paid under this subsection

8 shall be final and not subject to judicial review.

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

10 by the Secretary under this subsection for—

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

12 of conveyance that has been moved or handled

13 by the owner in violation of an agreement for

14 the control and eradication of diseases or pests

15 or in violation of this Act;

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

17 which animal or article has been moved or han18 dled by the owner of the animal or article in

19 violation of this Act;

20 (C) any animal, article, or means of con21 veyance that is refused entry under this Act; or

22 (D) any animal, article, facility, or means

23 of conveyance that becomes or has become af24 fected with or exposed to any pest or disease of

25 livestock because of a violation of an agreement
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1 for the control and eradication of diseases or

2 pests or a violation of this Act by the owner.

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

4 (a) GUIDELINES.—The activities authorized by this

5 section shall be carried out consistent with guidelines ap6 proved by the Attorney General.

7 (b) WARRANTLESS INSPECTIONS.—The Secretary

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

9 means of conveyance moving—

10 (1) into the United States, to determine wheth11 er the person or means of conveyance is carrying

12 any animal or article regulated under this Act;

13 (2) in interstate commerce, on probable cause

14 to believe that the person or means of conveyance is

15 carrying any animal or article regulated under this

16 Act; or

17 (3) in intrastate commerce from any State, or

18 any portion of a State, quarantined under section

19 7(b), on probable cause to believe that the person or

20 means of conveyance is carrying any animal or arti21 cle quarantined under section 7(b).

22 (c) INSPECTIONS WITH WARRANTS.—

23 (1) IN GENERAL.—The Secretary may enter,

24 with a warrant, any premises in the United States
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1 for the purpose of making inspections and seizures

2 under this Act.

3 (2) APPLICATION AND ISSUANCE OF WAR4 RANTS.—

5 (A) IN GENERAL.—On proper oath or af6 firmation showing probable cause to believe that

7 there is on certain premises any animal, article,

8 facility, or means of conveyance regulated under

9 this Act, a United States judge, a judge of a

10 court of record in the United States, or a

11 United States magistrate judge may issue a

12 warrant for the entry on premises within the ju13 risdiction of the judge or magistrate to make

14 any inspection or seizure under this Act.

15 (B) EXECUTION.—The warrant may be

16 applied for and executed by the Secretary or

17 any United States marshal.

18 SEC. 9. DETECTION, CONTROL, AND ERADICATION OF DIS19 EASES AND PESTS.

20 (a) IN GENERAL.—The Secretary may carry out op21 erations and measures to detect, control, or eradicate any

22 pest or disease of livestock (including the drawing of blood

23 and diagnostic testing of animals), including animals at

24 a slaughterhouse, stockyard, or other point of concentra25 tion.
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1 (b) COMPENSATION.—The Secretary may pay a claim

2 arising out of the destruction of any animal, article, or

3 means of conveyance consistent with the purposes of this

4 Act.

5 SEC. 10. VETERINARY ACCREDITATION PROGRAM.

6 (a) IN GENERAL.—The Secretary may establish a

7 veterinary accreditation program that is consistent with

8 this Act, including the establishment of standards of con9 duct for accredited veterinarians.

10 (b) CONSULTATION.—The Secretary shall consult

11 with State animal health officials regarding the establish12 ment of the veterinary accreditation program.

13 SEC. 11. COOPERATION.

14 (a) IN GENERAL.—To carry out this Act, the Sec15 retary may cooperate with other Federal agencies, States

16 or political subdivisions of States, national governments

17 of foreign countries, local governments of foreign coun18 tries, domestic or international organizations, domestic or

19 international associations, Indian tribes, and other per20 sons.

21 (b) RESPONSIBILITY.—The person or other entity co22 operating with the Secretary shall be responsible for the

23 authority necessary to carry out operations or measures—

24 (1) on all land and property within a foreign

25 country or State, or under the jurisdiction of an In-
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1 dian tribe, other than on land and property owned

2 or controlled by the United States; and

3 (2) using other facilities and means, as deter4 mined by the Secretary.

5 (c) SCREWWORMS.—

6 (1) IN GENERAL.—The Secretary may, inde7 pendently or in cooperation with national govern8 ments of foreign countries or international organiza9 tions or associations, produce and sell sterile

10 screwworms to any national government of a foreign

11 country or international organization or association,

12 if the Secretary determines that the livestock indus13 try and related industries of the United States will

14 not be adversely affected by the production and sale.

15 (2) PROCEEDS.—

16 (A) INDEPENDENT PRODUCTION AND

17 SALE.—If the Secretary independently produces

18 and sells sterile screwworms under paragraph

19 (1), the proceeds of the sale shall be—

20 (i) deposited into the Treasury of the

21 United States; and

22 (ii) credited to the account from which

23 the operating expenses of the facility pro24 ducing the sterile screwworms have been

25 paid.
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1 (B) COOPERATIVE PRODUCTION AND

2 SALE.—

3 (i) IN GENERAL.—If the Secretary co4 operates to produce and sell sterile

5 screwworms under paragraph (1), the pro6 ceeds of the sale shall be divided between

7 the United States and the cooperating na8 tional government or international organi9 zation or association in a manner deter10 mined by the Secretary.

11 (ii) ACCOUNT.—The United States

12 portion of the proceeds shall be—

13 (I) deposited into the Treasury of

14 the United States; and

15 (II) credited to the account from

16 which the operating expenses of the

17 facility producing the sterile

18 screwworms have been paid.

19 (d) COOPERATION IN PROGRAM ADMINISTRATION.—

20 The Secretary may cooperate with State authorities, In21 dian tribe authorities, or other persons in the administra22 tion of regulations for the improvement of livestock and

23 livestock products.

24 (e) CONSULTATION WITH OTHER FEDERAL AGEN25 CIES.—
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1 (1) IN GENERAL.—The Secretary shall consult

2 with the head of a Federal agency with respect to

3 any activity that is under the jurisdiction of the

4 Federal agency.

5 (2) LEAD AGENCY.—The Department of Agri6 culture shall be the lead agency with respect to

7 issues related to pests and diseases of livestock.

8 SEC. 12. REIMBURSABLE AGREEMENTS.

9 (a) AUTHORITY TO ENTER INTO AGREEMENTS.—

10 The Secretary may enter into reimbursable fee agreements

11 with persons for preclearance of animals or articles at lo12 cations outside the United States for movement into the

13 United States.

14 (b) FUNDS COLLECTED FOR PRECLEARANCE.—

15 Funds collected for preclearance activities shall—

16 (1) be credited to accounts that may be estab17 lished by the Secretary for carrying out this section;

18 and

19 (2) remain available until expended for the

20 preclearance activities, without fiscal year limitation.

21 (c) PAYMENT OF EMPLOYEES.—

22 (1) IN GENERAL.—Notwithstanding any other

23 law, the Secretary may pay an officer or employee

24 of the Department of Agriculture performing serv25 ices under this Act relating to imports into and ex-
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1 ports from the United States for all overtime, night,

2 or holiday work performed by the officer or employee

3 at a rate of pay determined by the Secretary.

4 (2) REIMBURSEMENT.—

5 (A) IN GENERAL.—The Secretary may re6 quire a person for whom the services are per7 formed to reimburse the Secretary for any ex8 penses paid by the Secretary for the services

9 under this subsection.

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

11 under this subsection shall—

12 (i) be credited to the account that in13 curs the costs; and

14 (ii) remain available until expended,

15 without fiscal year limitation.

16 (d) LATE PAYMENT PENALTIES.—

17 (1) COLLECTION.—On failure by a person to

18 reimburse the Secretary in accordance with this sec19 tion, the Secretary may assess a late payment pen20 alty against the person, including interest on over21 due funds, as required by section 3717 of title 31,

22 United States Code.

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

24 and any accrued interest shall—
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1 (A) be credited to the account that incurs

2 the costs; and

3 (B) remain available until expended, with4 out fiscal year limitation.

5 SEC. 13. ADMINISTRATION AND CLAIMS.

6 (a) ADMINISTRATION.—To carry out this Act, the

7 Secretary may—

8 (1) acquire and maintain real or personal prop9 erty;

10 (2) employ a person;

11 (3) make a grant; and

12 (4) notwithstanding chapter 63 of title 31,

13 United States Code, enter into a contract, coopera14 tive agreement, memorandum of understanding, or

15 other agreement.

16 (b) TORT CLAIMS.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the Secretary may pay a tort claim, in

19 the manner authorized by the first paragraph of sec20 tion 2672 of title 28, United States Code, if the

21 claim arises outside the United States in connection

22 with an activity authorized under this Act.

23 (2) REQUIREMENTS.—A claim may not be al24 lowed under this subsection unless the claim is pre-
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1 sented in writing to the Secretary not later than 2

2 years after the date on which the claim arises.

3 SEC. 14. PENALTIES.

4 (a) CRIMINAL PENALTIES.—Any person that know5 ingly violates this Act, or that knowingly forges, counter6 feits, or, without authority from the Secretary, uses, al7 ters, defaces, or destroys any certificate, permit, or other

8 document provided under this Act shall be guilty of a mis9 demeanor, and, on conviction, shall be fined in accordance

10 with title 18, United States Code, imprisoned not more

11 than 1 year, or both.

12 (b) CIVIL PENALTIES.—

13 (1) IN GENERAL.—Any person that violates this

14 Act, or that forges, counterfeits, or, without author15 ity from the Secretary, uses, alters, defaces, or de16 stroys any certificate, permit, or other document

17 provided under this Act may, after notice and oppor18 tunity for a hearing on the record, be assessed a

19 civil penalty by the Secretary that does not exceed

20 the greater of—

21 (A)(i) $50,000 in the case of any indi22 vidual, except that the civil penalty may not ex23 ceed $1,000 in the case of an initial violation of

24 this Act by an individual moving regulated arti25 cles not for monetary gain;
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1 (ii) $250,000 in the case of any other per2 son for each violation; and

3 (iii) $500,000 for all violations adjudicated

4 in a single proceeding; or

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

6 any violation or forgery, counterfeiting, or un7 authorized use, alteration, defacing or destruc8 tion of a certificate, permit, or other document

9 provided under this Act that results in the per10 son’s deriving pecuniary gain or causing pecu11 niary loss to another person.

12 (2) FACTORS IN DETERMINING CIVIL PEN13 ALTY.—In determining the amount of a civil penalty,

14 the Secretary shall take into account the nature, cir15 cumstance, extent, and gravity of the violation or

16 violations and the Secretary may consider, with re17 spect to the violator—

18 (A) the ability to pay;

19 (B) the effect on ability to continue to do

20 business;

21 (C) any history of prior violations;

22 (D) the degree of culpability; and

23 (E) such other factors as the Secretary

24 considers to be appropriate.
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1 (3) SETTLEMENT OF CIVIL PENALTIES.—The

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

3 without conditions, any civil penalty that may be as4 sessed under this subsection.

5 (4) FINALITY OF ORDERS.—

6 (A) FINAL ORDER.—The order of the Sec7 retary assessing a civil penalty shall be treated

8 as a final order reviewable under chapter 158

9 of title 28, United States Code.

10 (B) REVIEW.—The validity of the order of

11 the Secretary may not be reviewed in an action

12 to collect the civil penalty.

13 (C) INTEREST.—Any civil penalty not paid

14 in full when due under an order assessing the

15 civil penalty shall thereafter accrue interest

16 until paid at the rate of interest applicable to

17 civil judgments of the courts of the United

18 States.

19 (c) SUSPENSION OR REVOCATION OF ACCREDITA20 TION.—

21 (1) IN GENERAL.—The Secretary may, after

22 notice and opportunity for a hearing on the record,

23 suspend or revoke the accreditation of any veteri24 narian accredited under this Act that violates this

25 Act.
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1 (2) FINAL ORDER.—The order of the Secretary

2 suspending or revoking accreditation shall be treated

3 as a final order reviewable under chapter 158 of title

4 28, United States Code.

5 (3) SUMMARY SUSPENSION.—

6 (A) IN GENERAL.—Notwithstanding para7 graph (1), the Secretary may summarily sus8 pend the accreditation of a veterinarian who the

9 Secretary has reason to believe has violated this

10 Act.

11 (B) HEARINGS.—The Secretary shall pro12 vide the accredited veterinarian with a subse13 quent notice and an opportunity for a prompt

14 post-suspension hearing on the record.

15 (d) LIABILITY FOR ACTS OF AGENTS.—In the con16 struction and enforcement of this Act, the act, omission,

17 or failure of any officer, agent, or person acting for or

18 employed by any other person within the scope of the em19 ployment or office of the officer, agent, or person, shall

20 be deemed also to be the act, omission, or failure of the

21 other person.

22 (e) GUIDELINES FOR CIVIL PENALTIES.—The Sec23 retary shall coordinate with the Attorney General to estab24 lish guidelines to determine under what circumstances the

25 Secretary may issue a civil penalty or suitable notice of
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1 warning in lieu of prosecution by the Attorney General of

2 a violation of this Act.

3 SEC. 15. ENFORCEMENT.

4 (a) COLLECTION OF INFORMATION.—

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

6 and compile information and conduct any inspection

7 or investigation that the Secretary considers to be

8 necessary for the administration or enforcement of

9 this Act.

10 (2) SUBPOENAS.—

11 (A) IN GENERAL.—The Secretary shall

12 have power to issue a subpoena to compel the

13 attendance and testimony of any witness and

14 the production of any documentary evidence re15 lating to the administration or enforcement of

16 this Act or any matter under investigation in

17 connection with this Act.

18 (B) LOCATION OF PRODUCTION.—The at19 tendance of any witness and production of doc20 umentary evidence relevant to the inquiry may

21 be required from any place in the United

22 States.

23 (C) ENFORCEMENT.—

24 (i) IN GENERAL.—In case of disobe25 dience to a subpoena by any person, the
32

•S 1482 IS

1 Secretary may request the Attorney Gen2 eral to invoke the aid of any court of the

3 United States within the jurisdiction in

4 which the investigation is conducted, or

5 where the person resides, is found, trans6 acts business, is licensed to do business, or

7 is incorporated, to require the attendance

8 and testimony of any witness and the pro9 duction of documentary evidence.

10 (ii) NONCOMPLIANCE.—In case of a

11 refusal to obey a subpoena issued to any

12 person, a court may order the person to

13 appear before the Secretary and give evi14 dence concerning the matter in question or

15 to produce documentary evidence.

16 (iii) CONTEMPT.—Any failure to obey

17 the order of the court may be punished by

18 the court as contempt of the court.

19 (D) COMPENSATION.—

20 (i) WITNESSES.—A witness sum21 moned by the Secretary under this Act

22 shall be paid the same fees and mileage

23 that are paid to a witness in a court of the

24 United States.
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1 (ii) DEPOSITIONS.—A witness whose

2 deposition is taken, and the person taking

3 the deposition, shall be entitled to the

4 same fees that are paid for similar services

5 in a court of the United States.

6 (E) PROCEDURES.—

7 (i) PUBLICATION.—The Secretary

8 shall publish procedures for the issuance of

9 subpoenas under this section.

10 (ii) REVIEW.—The procedures shall

11 include a requirement that subpoenas be

12 reviewed for legal sufficiency and, to be ef13 fective, be signed by the Secretary.

14 (iii) DELEGATION.—If the authority

15 to sign a subpoena is delegated to an agen16 cy other than the Office of Administrative

17 Law Judges, the agency receiving the dele18 gation shall seek review of the subpoena

19 for legal sufficiency outside that agency.

20 (b) AUTHORITY OF ATTORNEY GENERAL.—The At21 torney General may—

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

23 all criminal violations of this Act that are referred

24 to the Attorney General by the Secretary or are
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1 brought to the notice of the Attorney General by any

2 person;

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

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

5 interference by any person with the Secretary in car6 rying out this Act, in any case in which the Sec7 retary has reason to believe that the person has vio8 lated, or is about to violate this Act or has inter9 fered, or is about to interfere, with the actions of the

10 Secretary; or

11 (3) bring an action for the recovery of any un12 paid civil penalty, funds under a reimbursable agree13 ment, late payment penalty, or interest assessed

14 under this Act.

15 (c) COURT JURISDICTION.—

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

17 courts, the District Court of Guam, the District

18 Court of the Northern Mariana Islands, the District

19 Court of the Virgin Islands, the highest court of

20 American Samoa, and the United States courts of

21 the other territories and possessions are vested with

22 jurisdiction in all cases arising under this Act.

23 (2) VENUE.—Any action arising under this Act

24 may be brought, and process may be served, in the

25 judicial district where a violation or interference oc-
35

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1 curred or is about to occur, or where the person

2 charged with the violation, interference, impending

3 violation, impending interference, or failure to pay

4 resides, is found, transacts business, is licensed to

5 do business, or is incorporated.

6 (3) EXCEPTION.—Paragraphs (1) and (2) do

7 not apply to subsections (b) and (c) of section 14.

8 SEC. 16. REGULATIONS AND ORDERS.

9 The Secretary may promulgate such regulations, and

10 issue such orders, as the Secretary determines necessary

11 to carry out this Act.

12 SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

13 (a) IN GENERAL.—There are authorized to be appro14 priated such sums as are necessary to carry out this Act.

15 (b) TRANSFER OF FUNDS.—

16 (1) IN GENERAL.—In connection with an emer17 gency under which a pest or disease of livestock

18 threatens any segment of agricultural production in

19 the United States, the Secretary may transfer from

20 other appropriations or funds available to the agen21 cies or corporations of the Department of Agri22 culture such funds as the Secretary determines are

23 necessary for the arrest, control, eradication, or pre24 vention of the spread of the pest or disease of live25 stock and for related expenses.
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1 (2) AVAILABILITY.—Any funds transferred

2 under this subsection shall remain available until ex3 pended, without fiscal year limitation.

4 (c) USE OF FUNDS.—In carrying out this Act, the

5 Secretary may use funds made available to carry out this

6 Act for—

7 (1) printing and binding, without regard to sec8 tion 501 of title 44, United States Code;

9 (2) the employment of civilian nationals in for10 eign countries; and

11 (3) the construction and operation of research

12 laboratories, quarantine stations, and other buildings

13 and facilities for special purposes.

14 SEC. 18. REPEALS AND CONFORMING AMENDMENTS.

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

16 repealed:

17 (1) Public Law 97–46 (7 U.S.C. 147b).

18 (2) Section 101(b) of the Act of September 21,

19 1944 (7 U.S.C. 429).

20 (3) The Act of August 28, 1950 (7 U.S.C.

21 2260).

22 (4) Section 919 of the Federal Agriculture Im23 provement and Reform Act of 1996 (7 U.S.C.

24 2260a).
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•S 1482 IS

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

2 U.S.C. 1306).

3 (6) Sections 6 through 8 and 10 of the Act of

4 August 30, 1890 (21 U.S.C. 102 through 105).

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

6 111, 120 through 122).

7 (8) Sections 2 through 9, 11, and 13 of the Act

8 of May 29, 1884 (21 U.S.C. 112, 113, 114, 114a,

9 114a–1, 115 through 120, 130).

10 (9) The first section and sections 2, 3, and 5

11 of the Act of February 28, 1947 (21 U.S.C. 114b,

12 114c, 114d, 114d–1).

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

14 114e, 114f).

15 (11) Public Law 87–209 (21 U.S.C. 114g,

16 114h).

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

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

19 114i).

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

21 paragraph under the heading ‘‘BUREAU OF ANIMAL

22 INDUSTRY’’ of the Act of May 31, 1920 (21 U.S.C.

23 116).
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•S 1482 IS

1 (14) The first section and sections 2, 3, 4, and

2 6 of the Act of March 3, 1905 (21 U.S.C. 123

3 through 127).

4 (15) The first proviso under the heading ‘‘GEN5 ERAL EXPENSES, BUREAU OF ANIMAL INDUSTRY’’

6 under the heading ‘‘BUREAU OF ANIMAL IN7 DUSTRY’’ of the Act of June 30, 1914 (21 U.S.C.

8 128).

9 (16) The fourth proviso under the heading

10 ‘‘SALARIES AND EXPENSES’’ under the heading

11 ‘‘ANIMAL AND PLANT HEALTH INSPECTION SERV12 ICE’’ of title I of the Agriculture, Rural Develop13 ment, Food and Drug Administration, and Related

14 Agencies Appropriations Act, 2001 (21 U.S.C. 129).

15 (17) The third paragraph under the heading

16 ‘‘MISCELLANEOUS’’ of the Act of May 26, 1910

17 (21 U.S.C. 131).

18 (18) The first section and sections 2 through 6

19 and 11 through 13 of Public Law 87–518 (21

20 U.S.C. 134 through 134h).

21 (19) Public Law 91–239 (21 U.S.C. 135

22 through 135b).

23 (20) Sections 12 through 14 of the Federal

24 Meat Inspection Act (21 U.S.C. 612 through 614).
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•S 1482 IS

1 (21) Chapter 39 of title 46, United States

2 Code.

3 (b) CONFORMING AMENDMENTS.—

4 (1) Section 414(b) of the Plant Protection Act

5 (7 U.S.C. 7714(b)) is amended—

6 (A) in paragraph (1), by striking ‘‘, or the

7 owner’s agent,’’; and

8 (B) in paragraph (2), by striking ‘‘or agent

9 of the owner’’ each place it appears.

10 (2) Section 423 of the Plant Protection Act (7

11 U.S.C. 7733) is amended—

12 (A) by striking subsection (b) and insert13 ing the following:

14 ‘‘(b) LOCATION OF PRODUCTION.—The attendance of

15 any witness and production of documentary evidence rel16 evant to the inquiry may be required from any place in

17 the United States.’’;

18 (B) in the third sentence of subsection (e),

19 by inserting ‘‘to an agency other than the Of20 fice of Administrative Law Judges’’ after ‘‘is

21 delegated’’; and

22 (C) by striking subsection (f).

23 (3) Section 11(h) of the Endangered Species

24 Act of 1973 (16 U.S.C. 1540(h)) is amended in the

25 first sentence by striking ‘‘animal quarantine laws
40

•S 1482 IS

1 (21 U.S.C. 101–105, 111–135b, and 612–614)’’ and

2 inserting ‘‘animal quarantine laws (as defined in sec3 tion 2509(f) of the Food, Agriculture, Conservation,

4 and Trade Act of 1990 (21 U.S.C. 136a(f))’’.

5 (4) Section 18 of the Federal Meat Inspection

6 Act (21 U.S.C. 618) is amended by striking ‘‘of the

7 cattle’’ and all that follows through ‘‘as herein de8 scribed’’ and inserting ‘‘of the carcasses and prod9 ucts of cattle, sheep, swine, goats, horses, mules,

10 and other equines’’.

11 (5) Section 2509 of the Food, Agriculture, Con12 servation, and Trade Act of 1990 (21 U.S.C. 136a)

13 is amended—

14 (A) in subsection (c), by inserting after

15 paragraph (1) the following:

16 ‘‘(2) VETERINARY DIAGNOSTICS.—The Sec17 retary may prescribe and collect fees to recover the

18 costs of carrying out the provisions of the Animal

19 Health Protection Act that relate to veterinary

20 diagnostics.’’; and

21 (B) in subsection (f)(1), by striking sub22 paragraphs (B) through (O) and inserting the

23 following:

24 ‘‘(B) section 9 of the Act of August 30,

25 1890 (21 U.S.C. 101);
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•S 1482 IS

1 ‘‘(C) the Animal Health Protection Act; or

2 ‘‘(D) any other Act administered by the

3 Secretary relating to plant or animal diseases

4 or pests.’’.

5 (c) EFFECT ON REGULATIONS.—A regulation issued

6 under a provision of law repealed by subsection (a) shall

7 remain in effect until the Secretary issues a regulation

8 under section 16 that supersedes the earlier regulation.

Æ