I 

118TH CONGRESS 

1ST SESSION H. R. 5096 

To amend the Animal Health Protection Act to provide compensation for 

poultry growers and layers in control areas, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 1, 2023 

Ms. BLUNT ROCHESTER (for herself, Mr. ALFORD, Mr. JOHNSON of Georgia, 

Ms. KAPTUR, Mr. COSTA, Mr. KELLY of Mississippi, Mr. MOORE of Alabama, Mr. FINSTAD, Mr. WOMACK, Mr. AUSTIN SCOTT of Georgia, Mr. 

GUEST, and Mr. ROUZER) introduced the following bill; which was referred to the Committee on Agriculture 

A BILL 

To amend the Animal Health Protection Act to provide compensation for poultry growers and layers in control areas, 

and for other purposes. 

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. 

4 This Act may be cited as the ‘‘Healthy Poultry As5 sistance and Indemnification Act’’. 


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1 SEC. 2. COMPENSATION FOR POULTRY GROWERS AND LAY2 ERS IN CONTROL AREAS. 

3 Section 10407 of the Animal Health Protection Act 

4 (7 U.S.C. 8306) is amended— 

5 (1) in subsection (d), in the subsection heading, 

6 by inserting ‘‘FOR DESTROYED ANIMALS’’ after 

7 ‘‘COMPENSATION’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(e) COMPENSATION FOR POULTRY GROWERS AND

10 LAYERS IN CONTROL AREAS.— 

11 ‘‘(1) DEFINITIONS.—In this subsection: 

12 ‘‘(A) CONTROL AREA.—The term ‘control 

13 area’ means a Control Area determined by the 

14 Administrator of the Animal and Plant Health 

15 Inspection Service. 

16 ‘‘(B) POULTRY.—The term ‘poultry’ 

17 means domesticated fowl that are bred for the 

18 primary purpose of producing eggs or meat, in19 cluding, when so bred, chickens, turkeys, os20 triches, emus, rheas, cassowaries, waterfowl, 

21 and game birds, but not including doves and pi22 geons. 

23 ‘‘(2) COMPENSATION.— 

24 ‘‘(A) IN GENERAL.—Except as provided in 

25 paragraph (3), the Secretary shall compensate 

26 the owner of a poultry growing or laying facility 


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1 for flocks of birds that the owner of such facil2 ity was prohibited from growing or laying due 

3 to the location of the facility within a control 

4 area. 

5 ‘‘(B) AMOUNT.— 

6 ‘‘(i) IN GENERAL.—Compensation 

7 paid under subparagraph (A) shall be in 

8 an amount that is equal to the product ob9 tained by multiplying— 

10 ‘‘(I) the average income from the 

11 5 most recent flocks of birds that the 

12 poultry growing or laying facility grew 

13 or laid; and 

14 ‘‘(II) the number of flocks of 

15 birds that the owner of the poultry 

16 growing or laying facility was prohib17 ited from growing or laying during the 

18 period of time in which the control 

19 areas was in effect. 

20 ‘‘(ii) LIMITATION.—Compensation 

21 paid any owner of a poultry growing or 

22 laying facility under this subsection shall 

23 not exceed the difference between— 

24 ‘‘(I) the amount described in 

25 clause (i); and 


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1 ‘‘(II) any compensation received 

2 by the owner from a State or other 

3 source for the 1 or more flocks of 

4 birds that the owner was prohibited 

5 from growing or laying. 

6 ‘‘(iii) REVIEWABILITY.—The deter7 mination by the Secretary of the amount 

8 to be paid under this subsection shall be 

9 final and not subject to judicial review or 

10 review by any officer or employee of the 

11 Federal Government other than the Sec12 retary or the designee of the Secretary. 

13 ‘‘(C) TIMING.—Compensation shall be paid 

14 under subparagraph (A) not later than 60 days 

15 after the date on which the owner of a poultry 

16 growing or laying facility submits a request to 

17 the Secretary for compensation. 

18 ‘‘(3) EXCEPTIONS.— 

19 ‘‘(A) IN GENERAL.—The exceptions de20 scribed in subsection (d)(3) shall apply to this 

21 subsection. 

22 ‘‘(B) COMPENSATION FOR DESTROYED

23 ANIMALS.—No payment shall be made by the 

24 Secretary under this subsection to an owner of 

25 a poultry growing or laying facility who has reVerDate Sep 11 2014 02:30 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5096.IH H5096

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1 ceived compensation under subsection (d) for a 

2 facility in the same control area during the 

3 same period of time.’’. 

Æ 


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