I

107TH CONGRESS

1ST SESSION H. R. 2002

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

to protection of animal health.

IN THE HOUSE OF REPRESENTATIVES

MAY 24, 2001

Mr. POMBO (for himself and Mr. PETERSON of Minnesota) 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.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

Sec. 4. Restriction on importation or entry.
2

•HR 2002 IH

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 disease and pests.

Sec. 10. Veterinary accreditation program.

Sec. 11. Cooperation.

Sec. 12. Reimbursable agreements.

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

Sec. 14. Penalties for violations.

Sec. 15. Enforcement.

Sec. 16. Appropriations and transfer authority.

Sec. 17. Regulations and orders.

Sec. 18. Severability.

Sec. 19. Repeals.

1 SEC. 2. FINDINGS.

2 The Congress makes the following findings:

3 (1) The prevention, detection, control, and

4 eradication of diseases and pests of animals are es5 sential to protect animal health and the health and

6 welfare of the people of the United States, the eco7 nomic interests of the United States livestock and

8 related industries, the environment of the United

9 States, and interstate and foreign commerce of the

10 United 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.
3

•HR 2002 IH

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.

5 (5) All animals and articles regulated under

6 this Act are in or affect interstate commerce or for7 eign commerce, and regulation by the Secretary and

8 cooperation by the Secretary with other nations,

9 States or other jurisdictions, or persons are nec10 essary to prevent and eliminate burdens on inter11 state commerce and foreign commerce, to regulate

12 effectively interstate commerce and foreign com13 merce, and to protect the agriculture, the environ14 ment, the economy, and the health and welfare of

15 the people of the 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).

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

21 pest or disease or any material or tangible object

22 that could harbor pests or diseases.

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

24 infectious or non-infectious disease or condition af-
4

•HR 2002 IH

1 fecting the health of livestock or any condition detri2 mental to production of livestock.

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

4 and ‘‘entry’’ mean to move into, or the act of move5 ment into, the commerce of the United States.

6 (5) EXPORT AND EXPORTATION.—The terms

7 ‘‘export’’ and ‘‘exportation’’ mean to move from, or

8 the 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

13 ‘‘import’’ and ‘‘importation’’ mean to move into, or

14 the act of movement into, the territorial limits of the

15 United 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.
5

•HR 2002 IH

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.

14 (11) MEANS OF CONVEYANCE.—The term

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

16 used for or intended for use for the movement of

17 any other personal property.

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

19 ‘‘move’’, ‘‘moving’’, and ‘‘movement’’ mean—

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

21 transport;

22 (B) to aid, abet, cause, or induce the car23 rying, entering, importing, mailing, shipping, or

24 transporting;
6

•HR 2002 IH

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 of the

12 following that can directly or indirectly injure, cause

13 damage to, or cause disease in livestock:

14 (A) A protozoan.

15 (B) A plant.

16 (C) A bacteria.

17 (D) A fungus.

18 (E) A virus or viroid.

19 (F) An infectious agent or other pathogen.

20 (G) An arthropod.

21 (H) A parasite.

22 (I) A prion.

23 (J) A vector.
7

•HR 2002 IH

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
8

•HR 2002 IH

1 the introduction into or dissemination within the

2 United States of any pest or disease of livestock;

3 (2) further movement of any animal that has

4 strayed into the United States if the Secretary de5 termines that the prohibition or restriction is nec6 essary to prevent the introduction or dissemination

7 of any disease or pest of livestock within the United

8 States; and

9 (3) use of any means of conveyance in connec10 tion with the importation or entry of livestock if the

11 Secretary determines that the prohibition or restric12 tion is necessary because the means of conveyance

13 has not been maintained in a clean and sanitary

14 condition or does not have accommodations for the

15 safe and proper movement of livestock.

16 (b) REGULATIONS.—The Secretary may issue regula17 tions requiring that any animal imported or entered be

18 raised or handled under post-import quarantine conditions

19 by or under the supervision of the Secretary for the pur20 poses of determining whether the animal is or may be af21 fected by any disease or pest of livestock. ––

22 (c) DESTRUCTION OR REMOVAL.—

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

24 destruction or the removal from the United States

25 of—
9

•HR 2002 IH

1 (A) any animal, article, or means of con2 veyance that has been imported but has not en3 tered the United States if the Secretary deter4 mines that destruction or removal from the

5 United States is necessary to prevent the intro6 duction or dissemination of any disease or pest

7 of livestock into or within the United States;

8 (B) any animal, article, means of convey9 ance, or progeny of any animal that has been

10 imported or entered in violation of this Act; and

11 (C) any animal that has strayed into the

12 United States if the Secretary determines that

13 destruction or removal from the United States

14 is necessary to prevent the introduction or dis15 semination of any disease or pest of livestock

16 into or within the United States.

17 (2) REQUIREMENTS OF OWNERS.—

18 (A) ORDERS TO DISINFECT.—The Sec19 retary may require the disinfection of a means

20 of conveyance used in connection with the im21 portation of animals, and all attendants and

22 their clothing, and of all headropes and other

23 articles used in such importation.

24 (B) FAILURE TO COMPLY WITH ORDERS.—

25 If an owner or agent of the owner fails to com-
10

•HR 2002 IH

1 ply with an order of the Secretary under this

2 section, the Secretary may take remedial action,

3 destroy, or remove from the United States the

4 animal, article, or means of conveyance as au5 thorized under paragraph (1) and recover from

6 the owner or agent of the owner the costs of

7 any care, handling, remedial action, or disposal

8 incurred by the Secretary in connection with

9 the remedial action, destruction or removal.

10 SEC. 5. EXPORTATION.

11 (a) IN GENERAL.—The Secretary may prohibit or re12 strict the—

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

14 of conveyance if the Secretary determines that the

15 prohibition or restriction is necessary to prevent the

16 dissemination from or within the United States of

17 any disease or pest of livestock;

18 (2) exportation of any livestock if the Secretary

19 determines that the livestock is unfit to be moved;

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

21 in connection with the exportation of any animal or

22 article if the Secretary determines that the prohibi23 tion or restriction is necessary to prevent the dis24 semination from or within the United States of any

25 disease or pest of livestock; and
11

•HR 2002 IH

1 (4) use of any means of conveyance in connec2 tion with the exportation of livestock if the Secretary

3 determines that the prohibition or restriction is nec4 essary because the means of conveyance has not

5 been maintained in a clean and sanitary condition or

6 does not have accommodations for the safe and

7 proper movement and humane treatment of live8 stock.

9 (b) REQUIREMENTS OF OWNERS.—

10 (1) ORDERS TO DISINFECT.—The Secretary

11 may require the disinfection of a means of convey12 ance used in connection with the exportation of ani13 mals, and all attendants and their clothing, and of

14 all headropes and other articles used in such expor15 tation.

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

17 owner or agent of the owner fails to comply with an

18 order of the Secretary under this section, the Sec19 retary may take remedial actions or dispose of the

20 animal, article, or means of conveyance as author21 ized under paragraph (1) and recover from the

22 owner or agent of the owner the costs of any care,

23 handling, remedial action, or disposal incurred by

24 the Secretary in connection with the remedial action

25 or destruction.
12

•HR 2002 IH

1 (c) CERTIFICATION.—The Secretary may certify as

2 to the class, quality, quantity, condition, processing, han3 dling, or storage of any animal or article intended for ex4 port.

5 SEC. 6. INTERSTATE MOVEMENT.

6 The Secretary may prohibit or restrict the—

7 (1) movement in interstate commerce of any

8 animal, article, or means of conveyance if the Sec9 retary determines that the prohibition or restriction

10 is necessary to prevent the introduction or dissemi11 nation of any disease or pest of livestock; and

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

13 in connection with the movement in interstate com14 merce of any animal or article if the Secretary deter15 mines that the prohibition or restriction is necessary

16 to prevent the introduction or dissemination of any

17 disease or pest of livestock.

18 SEC. 7. SEIZURE, QUARANTINE, AND DISPOSAL.

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

20 quarantine, treat, apply other remedial actions to, destroy

21 or otherwise dispose of—

22 (1) any animal or progeny of any animal, arti23 cle, or means of conveyance that is moving or has

24 been moved in interstate commerce or has been im25 ported and entered and that the Secretary has rea-
13

•HR 2002 IH

1 son to believe may carry, may have carried, may

2 have been affected with or exposed to any pest or

3 disease of livestock at the time of movement or

4 which is otherwise in violation of this Act;

5 (2) any animal or progeny of any animal, arti6 cle, or means of conveyance that is moving or is

7 being handled or has moved or has been handled in

8 interstate commerce in violation of this Act;

9 (3) any animal or progeny of any animal, arti10 cle, or means of conveyance that has been imported

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

12 has been handled in violation of this Act; and

13 (4) any animal or progeny of any animal, arti14 cle, or means of conveyance that the Secretary finds

15 is not being maintained or has not been maintained

16 in accordance with any post-import quarantine, post17 import condition, post-movement quarantine, or

18 post-movement condition in accordance with this

19 Act.

20 (b) EXTRAORDINARY EMERGENCY.—

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

22 that an extraordinary emergency exists because of

23 the presence in the United States of a disease or

24 pest of livestock and that the presence of the disease
14

•HR 2002 IH

1 or pest threatens the livestock of the United States,

2 the Secretary may—

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

4 actions to, destroy (including preventive slaugh5 ter), or otherwise dispose of any animal, article,

6 facility, or means of conveyance if the Secretary

7 determines such action is necessary to prevent

8 the dissemination of the disease or pest; and

9 (B) prohibit or restrict the movement or

10 use within a State, portion of a State, or prem11 ises of any animal or article, means of convey12 ance, or facility if the Secretary determines that

13 the prohibition or restriction is necessary to

14 prevent the dissemination of the disease or pest.

15 (2) LIMITATION.—The Secretary may take ac16 tion under this subsection only upon finding, after

17 review and consultation with the Governor or other

18 appropriate official of the State, that measures being

19 taken by the State are inadequate to control and

20 eradicate the disease or pest. Before any action is

21 taken in any State under this subsection, the Sec22 retary shall notify the Governor and animal health

23 official, issue a public announcement, and, except as

24 provided in the following sentence, file for publica25 tion in the Federal Register a statement of the Sec-
15

•HR 2002 IH

1 retary’s findings, the action the Secretary intends to

2 take, and the reasons for the intended action. If it

3 is not possible to file for publication in the Federal

4 Register prior to taking action, the filing shall be

5 made within a reasonable time, not to exceed 10

6 business days, after commencement of the action.

7 (c) DISPOSAL, REQUIREMENT TO TAKE REMEDIAL

8 ACTIONS, AND QUARANTINE REQUIREMENTS.—The Sec9 retary, in writing, may order the owner of any animal, ar10 ticle, facility, or means of conveyance referred to in sub11 section (a) or (b), or the agent of the owner, to maintain

12 in quarantine, take remedial actions, or dispose of the ani13 mal, article, facility, or means of conveyance in any man14 ner as the Secretary may direct. If the owner or agent

15 of the owner fails to comply with the Secretary’s order,

16 the Secretary may seize, quarantine, take other remedial

17 actions, or dispose of the animal, article, facility, or means

18 of conveyance as authorized by subsection (a) or (b) and

19 recover from the owner, or agent of the owner, the costs

20 of any care, handling, remedial actions, and disposal in21 curred by the Secretary in connection with the seizure,

22 quarantine, remedial action, or disposal.

23 (d) COMPENSATION.—

24 (1) IN GENERAL.—The Secretary shall com25 pensate the owner of any animal, article, facility, or
16

•HR 2002 IH

1 means of conveyance which the Secretary requires to

2 be destroyed pursuant to this section.

3 (2) LEVEL.—

4 (A) IN GENERAL.—The compensation shall

5 be based upon the fair market value as deter6 mined by the Secretary of the animal, article,

7 facility, or means of conveyance.

8 (B) LIMITATION.—Compensation paid any

9 owner under this subsection shall not exceed the

10 difference between any compensation received

11 by the owner from a State or other source and

12 the fair market value of the animal, article, fa13 cility, or means of conveyance.

14 (C) REVIEWABILITY OF DETERMINA15 TION.—The determination by the Secretary of

16 the amount to be paid under this subsection

17 shall be final and shall not be subject to judicial

18 review.

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

20 by the Secretary under this subsection for—

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

22 of conveyance that has been moved or handled

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

24 of an agreement for the control and eradication

25 of diseases or pests or in violation of this Act.
17

•HR 2002 IH

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

2 which animal or article has been moved or han3 dled by the owner of the animal or article, or

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

5 (C) any animal, article, or means of con6 veyance that is refused entry under this Act; or

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

8 of conveyance that becomes or has become af9 fected with or exposed to any disease or pest of

10 livestock because of a violation of an agreement

11 for the control and eradication of diseases or

12 pests or a violation of this Act by the owner or

13 the owner’s agent.

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

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

16 authorized by this section shall be carried out consistent

17 with guidelines approved by the Attorney General.

18 (b) WARRANTLESS INSPECTIONS.—The Secretary

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

20 means of conveyance moving—

21 (1) into the United States to determine whether

22 the person or means of conveyance is carrying any

23 animal or article regulated under this Act or is mov24 ing subject to this Act;
18

•HR 2002 IH

1 (2) in interstate commerce upon probable cause

2 to believe that the person or means of conveyance is

3 carrying any animal or article, regulated under this

4 Act or is moving subject to this Act; and

5 (3) in intrastate commerce from any State, por6 tion of a State, or premises quarantined under sec7 tion 7(b) upon probable cause to believe that the

8 person or means of conveyance is carrying any ani9 mal or article regulated under section 7(b).

10 (c) INSPECTIONS WITH A WARRANT.—

11 (1) GENERAL AUTHORITY.—The Secretary may

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

13 States for the purpose of making inspections and

14 seizures under this Act.

15 (2) APPLICATION AND ISSUANCE OF A WAR16 RANT.—Upon proper oath or affirmation showing

17 probable cause to believe that there is on certain

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

19 conveyance regulated under this Act, a United

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

21 United States, or a United States magistrate judge

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

23 issue a warrant for the entry upon the premises to

24 make any inspection or seizures under this Act. The
19

•HR 2002 IH

1 warrant may be applied for and executed by the Sec2 retary or any United States marshal.

3 SEC. 9. DETECTION, CONTROL, AND ERADICATION OF DIS4 EASES AND PESTS.

5 (a) IN GENERAL.—The Secretary may carry out op6 erations and measures to detect, control, and eradicate

7 any disease or pest of livestock (including the drawing of

8 blood and diagnostic testing of animals, including animals

9 at slaughterhouses, stockyards, and other points of con10 centration).

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

12 growing out of the destruction of any animal, article,

13 means of conveyance consistent with the purposes of this

14 Act.

15 SEC. 10. VETERINARY ACCREDITATION PROGRAM.

16 The Secretary may establish a veterinary accredita17 tion program consistent with the purposes of this Act, in18 cluding the establishment of standards of conduct for ac19 credited veterinarians.

20 SEC. 11. COOPERATION.

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

22 other Federal agencies, States, or political subdivisions of

23 States, national governments, local governments of other

24 nations, domestic or international organizations, domestic
20

•HR 2002 IH

1 or international associations, and other persons to carry

2 out the purposes of this Act.

3 (b) RESPONSIBILITY.—The person or other entity co4 operating with the Secretary shall be responsible for the

5 authority necessary to carry out the operations or meas6 ures on all lands and properties within the foreign country

7 or State, other than those owned or controlled by the

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

9 Secretary determines necessary.

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

11 specified in this section, funds appropriated pursuant to

12 this section may be used for printing and binding without

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

14 the employment of civilian nationals of countries involved,

15 and for the construction and operation of research labora16 tories, quarantine stations, and other buildings and facili17 ties for special purposes.

18 (d) SCREWWORMS.—

19 (1) IN GENERAL.—The Secretary may inde20 pendently or in cooperation with national govern21 ments of other nations, international organizations,

22 or international associations produce and sell sterile

23 screwworms to any national government of other na24 tions, international organization, or international as25 sociation, if the Secretary determines that the live-
21

•HR 2002 IH

1 stock industry and related industries of the United

2 States will not be adversely affected by the produc3 tion and sale.

4 (2) PROCEEDS.—If the Secretary independently

5 produces and sells sterile screwworms in accordance

6 with paragraph (1), the proceeds of the sale shall be

7 deposited into the Treasury of the United States and

8 be credited to the appropriation from which the op9 erating expenses of the facility producing the sterile

10 screwworm have been paid. If the Secretary cooper11 ates to produce and sell sterile screwworms in ac12 cordance with paragraph (1), the proceeds of the

13 sale shall be divided between the United States and

14 the national government, international organization,

15 or international association with which the Secretary

16 cooperates, as determined by the Secretary. The

17 United States portion of the proceeds shall be depos18 ited into the Treasury of the United States and be

19 credited to the appropriation from which the oper20 ating expenses of the facility producing the sterile

21 screwworm have been paid.

22 (e) COOPERATION IN PROGRAM ADMINISTRATION.—

23 The Secretary may cooperate with State authorities or

24 other persons in the administration of regulations for the

25 improvement of livestock and their products.
22

•HR 2002 IH

1 (f) CONSULTATION WITH OTHER FEDERAL AGEN2 CIES.—The Secretary shall consult with the appropriate

3 Secretary or head of another Federal agency with respect

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

5 agency. The Department of Agriculture shall be the lead

6 agency with respect to issues related to diseases and pests

7 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 shall be credited to ac16 counts which may be established by the Secretary for this

17 purpose and shall remain available until expended for the

18 preclearance activities without fiscal year limitation.

19 (c) PAYMENT OF EMPLOYEES.—

20 (1) IN GENERAL.—Notwithstanding any other

21 law, the Secretary may pay employees of the United

22 States Department of Agriculture performing serv23 ices relating to imports into and exports from the

24 United States, for all overtime, night, or holiday
23

•HR 2002 IH

1 work performed by them at rates of pay established

2 by the Secretary.

3 (2) REIMBURSEMENT.—

4 (A) IN GENERAL.—The Secretary may re5 quire persons for whom the services are per6 formed to reimburse the Secretary for any sums

7 of money paid by the Secretary for the services

8 pursuant to this subsection.

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

10 under this subsection shall be credited to the

11 account that incurs the costs and shall remain

12 available until expended without fiscal year lim13 itation.

14 (d) LATE PAYMENT PENALTIES.—

15 (1) COLLECTION.—Upon failure to reimburse

16 the Secretary in accordance with this section, the

17 Secretary may assess a late payment penalty, and

18 the overdue funds shall accrue interest, as required

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

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

21 and any accrued interest shall be credited to the ac22 count that incurs the costs and shall remain avail23 able until expended without fiscal year limitation.
24

•HR 2002 IH

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

2 CLAIMS.

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

4 maintain all real or personal property for special purposes

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

6 contracts, cooperative agreements, memoranda of under7 standing, or other agreements necessary for carrying out

8 this Act.

9 (b) TORT CLAIMS.—

10 (1) IN GENERAL.—Except as provided in para11 graph (2), the Secretary may pay tort claims, in the

12 manner authorized in the first paragraph of section

13 2672 of title 28, United States Code, when the

14 claims arise outside the United States in connection

15 with activities authorized under this Act.

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

17 not be allowed under this subsection unless it is pre18 sented in writing to the Secretary within two years

19 after the claim accrues.

20 SEC. 14. PENALTIES FOR VIOLATION.

21 (a) CRIMINAL PENALTIES.—Any person who know22 ingly violates this Act, or who knowingly forges, counter23 feits, or, without authority from the Secretary, uses, al24 ters, defaces, or destroys any certificate, permit, or other

25 document provided for in this Act shall be guilty of a mis26 demeanor, and, upon conviction, shall be fined in accord-
25

•HR 2002 IH

1 ance with the provisions of title 18, United States Code,

2 imprisoned for a period not exceeding one year, or fined

3 and imprisoned.

4 (b) CIVIL PENALTY.—

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

6 Act, or who forges, counterfeits, or, without author7 ity from the Secretary, uses, alters, defaces, or de8 stroys any certificate, permit, or other document

9 provided for in this Act may, after notice and oppor10 tunity for a hearing on the record, be assessed a

11 civil penalty by the Secretary—

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

13 (except that the civil penalty may not exceed

14 $1,000 in the case of an initial violation of this

15 Act by an individual moving regulated articles

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

17 any other person for each violation, and

18 $500,000 for all violations adjudicated in a sin19 gle proceeding; or

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

21 any violation or forgery, counterfeiting, or un22 authorized use, defacing or destruction of a cer23 tificate, permit, or other document provided for

24 in this Act that results in the person deriving
26

•HR 2002 IH

1 pecuniary gain or causing pecuniary loss to an2 other.

3 (2) FACTORS IN DETERMINING CIVIL PEN4 ALTY.—In determining the amount of a civil penalty,

5 the Secretary shall take into account the nature, cir6 cumstance, extent, and gravity of the violation or

7 violations and the Secretary may consider, with re8 spect to the violator, ability to pay, effect on ability

9 to continue to do business, any history of prior viola10 tions, the degree of culpability, and any other factors

11 the Secretary deems appropriate.

12 (3) SETTLEMENT OF CIVIL PENALTIES.—The

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

14 without conditions, any civil penalty that may be as15 sessed under this subsection.

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

17 Secretary assessing a civil penalty shall be treated as

18 a final order reviewable under chapter 158 of title

19 28, United States Code. The validity of the Sec20 retary’s order may not be reviewed in an action to

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

22 full when due under an order assessing the civil pen23 alty shall thereafter accrue interest until paid at the

24 rate of interest applicable to civil judgments of the

25 courts of the United States.
27

•HR 2002 IH

1 (c) SUSPENSION OR REVOCATION OF ACCREDITA2 TION.—

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

4 notice and opportunity for a hearing on the record,

5 suspend or revoke the accreditation of any veteri6 narian accredited under this Act who violates this

7 Act. The order of the Secretary suspending or revok8 ing accreditation shall be treated as a final order re9 viewable under chapter 158 of title 28, United

10 States Code.

11 (2) SUMMARY SUSPENSION.—

12 (A) IN GENERAL.—Notwithstanding para13 graph (1), the Secretary may summarily sus14 pend the accreditation of a veterinarian, whom

15 the Secretary has reason to believe has violated

16 a provision of this Act.

17 (B) HEARING.—The Secretary shall pro18 vide the accredited veterinarian with a subse19 quent notice and an opportunity for a prompt

20 post-suspension hearing on the record.

21 (d) LIABILITY FOR ACTS OF AN AGENT.—When con22 struing and enforcing this Act, the act, omission, or failure

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

24 any other person within the scope of his or her employ-
28

•HR 2002 IH

1 ment or office, shall be deemed also to be the act, omis2 sion, or failure of the other person.

3 (e) GUIDELINES FOR CIVIL PENALTIES.—The Sec4 retary shall coordinate with the Attorney General to estab5 lish guidelines to determine under what circumstances the

6 Secretary may issue a civil penalty or suitable notice of

7 warning in lieu of prosecution by the Attorney General of

8 a violation of this Act.

9 SEC. 15. ENFORCEMENT.

10 (a) COLLECTION OF INFORMATION.—

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

12 and compile information and conduct any inspec13 tions or investigations the Secretary considers nec14 essary for the administration or enforcement of this

15 Act.

16 (2) SUBPOENAS.—

17 (A) IN GENERAL.—The Secretary shall

18 have power to subpoena the attendance and tes19 timony of any witness, and the production of all

20 documentary evidence relating to the adminis21 tration or enforcement of this Act or any mat22 ter under investigation in connection with this

23 Act.

24 (B) LOCATION OF PRODUCTION.—The at25 tendance of any witness and production of doc-
29

•HR 2002 IH

1 umentary evidence relevant to the inquiry may

2 be required from any place in the United

3 States.

4 (C) ENFORCEMENT OF SUBPOENA.—In

5 case of disobedience to a subpoena by any per6 son, the Secretary may request the Attorney

7 General to invoke the aid of any court of the

8 United States within the jurisdiction in which

9 the investigation is conducted, or where the per10 son resides, is found, transacts business, is li11 censed to do business, or is incorporated in re12 quiring the attendance and testimony of any

13 witness and the production of documentary evi14 dence. In case of a refusal to obey a subpoena

15 issued to any person, a court may order the

16 person to appear before the Secretary and give

17 evidence concerning the matter in question or

18 to produce documentary evidence. Any failure

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

20 the court as contempt of the court.

21 (D) COMPENSATION.—Witnesses sum22 moned by the Secretary shall be paid the same

23 fees and mileage that are paid to witnesses in

24 courts of the United States, and witnesses

25 whose depositions are taken and the persons
30

•HR 2002 IH

1 taking the depositions shall be entitled to the

2 same fees that are paid for similar services in

3 the courts of the United States.

4 (E) PROCEDURES.—The Secretary shall

5 publish procedures for the issuance of sub6 poenas under this section. Such procedures

7 shall include a requirement that subpoenas be

8 reviewed for legal sufficiency and signed by the

9 Secretary. If the authority to sign a subpoena

10 is delegated to an agency other than the Office

11 of Administrative Law Judges, the agency re12 ceiving the delegation shall seek review for legal

13 sufficiency outside that agency.

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

15 Attorney General may—

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

17 all criminal violations of this Act that are referred

18 to the Attorney General by the Secretary or are

19 brought to the notice of the Attorney General by any

20 person;

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

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

23 interference by any person with the Secretary in car24 rying out this Act, whenever the Secretary has rea25 son to believe that the person has violated, or is
31

•HR 2002 IH

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

2 about to interfere, with the Secretary; and

3 (3) bring an action for the recovery of any un4 paid civil penalty, funds under reimbursable agree5 ments, late payment penalty, or interest assessed

6 under this Act.

7 (c) COURT JURISDICTION.—

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

9 courts, the District Court of Guam, the District

10 Court of the Virgin Islands, the highest court of

11 American Samoa, and the United States courts of

12 the other territories and possessions are vested with

13 jurisdiction in all cases arising under this Act. Any

14 action arising under this Act may be brought, and

15 process may be served in the judicial district where

16 a violation or interference occurred or is about to

17 occur, or where the person charged with the viola18 tion, interference, impending violation, impending in19 terference, or failure to pay resides, is found, trans20 acts business, is licensed to do business, or is incor21 porated.

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

23 to subsections (b) and (c) of section 14.
32

•HR 2002 IH

1 SEC. 16. APPROPRIATIONS AND TRANSFER AUTHORITY.

2 (a) AUTHORIZATION OF APPROPRIATIONS.—There

3 are authorized to be appropriated such sums of money as

4 may be necessary to carry out this Act.

5 (b) AUTHORITY TO TRANSFER CERTAIN FUNDS.—

6 The Secretary may, in connection with an emergency in

7 which a disease or pest of livestock threatens any segment

8 of the agricultural production of the United States, trans9 fer from other appropriations or funds available to the

10 agencies or corporations of the Department of Agriculture

11 any sum of money as the Secretary may deem necessary

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

13 eradication, and prevention of the spread of the disease

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

15 transferred under this section shall remain available for

16 such purposes without fiscal year limitation.

17 SEC. 17. REGULATIONS AND ORDERS.

18 The Secretary may issue any regulations or orders

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

20 SEC. 18. SEVERABILITY.

21 If any provision of this Act or application of any pro22 vision of this Act to any person or circumstance is held

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

24 the provision to other persons and circumstances shall not

25 be affected by the invalidity.
33

•HR 2002 IH

1 SEC. 19. REPEALS AND CONFORMING AMENDMENTS.

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

3 hereby repealed:

4 (1) Section 101(b) of the Department of Agri5 culture Organic Act of 1944 (7 U.S.C. 429).

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

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

8 Secretary of Agriculture to furnish, upon a reim9 bursable basis, certain inspection services involving

10 overtime work’’.

11 (3) Section 919 of the Federal Agriculture Im12 provement and Reform Act of 1996 (7 U.S.C.

13 2260a).

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

15 U.S.C. 1306).

16 (5) Sections 6 through 8 and 10 of the Act of

17 August 30, 1890 (21 U.S.C. 102–105), ‘‘An act pro18 viding for an inspection of meats for exportation,

19 prohibiting the importation of adulterated articles of

20 food or drink, and authorizing the President to

21 make proclamation in certain cases, and for other

22 purposes’’.

23 (6) The Act of February 2, 1903 (21 U.S.C.

24 111, 120–122), ‘‘An Act to enable the Secretary of

25 Agriculture to more effectively suppress and prevent
34

•HR 2002 IH

1 the spread of contagious and infectious diseases of

2 livestock, and for other purposes’’.

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

4 of May 29, 1884 (Chap. 60, 23 Stat. 32, 21 U.S.C.

5 112, 113, 114, 114a, 114a–1, 115–120, and 130).

6 (8) Sections 1, 2, 3, and 5 of the Act of Feb7 ruary 28, 1947 (21 U.S.C. 114b, 114c, 114d, and

8 114d–1), ‘‘An Act to authorize the Secretary of Ag9 riculture to cooperate with the Government of Mex10 ico in the control and elimination of foot and mouth

11 disease and rinderpest’’.

12 (9) The Act of June 16, 1948 (21 U.S.C. 114e

13 and 114f), ‘‘An Act authorizing additional research

14 and investigation into problems and methods relat15 ing to the eradication of cattle grubs, and for other

16 purposes’’.

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

18 114g–114h), ‘‘An Act to provide for a national hog

19 cholera eradication program’’.

20 (11) Section 2506 of the Food, Agriculture,

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

22 114i).

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

24 paragraph under the heading Bureau of Animal In25 dustry of the Act of May 31, 1920 (21 U.S.C. 116),
35

•HR 2002 IH

1 ‘‘An Act making appropriations for the Department

2 of Agriculture for fiscal year ending June 30,

3 1921’’.

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

5 3, 1905 (21 U.S.C. 123–127).

6 (14) The first proviso under the heading ‘‘Gen7 eral Expenses, Bureau of Animal Industry’’ in the

8 Act of June 30, 1914 (21 U.S.C. 128), ‘‘An Act

9 making appropriations for the Department of Agri10 culture for the fiscal year ending June thirtieth,

11 nineteen hundred and fifteen’’.

12 (15) The fourth proviso in the paragraph under

13 the heading ‘‘Salaries and Expenses, Animal and

14 Plant Health Inspection Service’’ of the Department

15 of Agriculture, Rural Development, Food and Drug

16 Administration, and Related Agencies Appropriation

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

18 (16) The third paragraph under the heading

19 ‘‘Miscellaneous’’ of the Act of May 26, 1910 (21

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

21 Department of Agriculture for the fiscal year ending

22 June thirtieth, nineteen hundred and eleven’’.

23 (17) Sections 1 through 6 and 11 through 13

24 of the Act of July 2, 1962 (21 U.S.C. 134–134h),

25 ‘‘An Act to provide greater protection against the in-
36

•HR 2002 IH

1 troduction and dissemination of diseases of livestock

2 and poultry, and for other purposes’’.

3 (18) The Act of May 6, 1970 (Public Law. 91–

4 239, 84 Stat. 202, 21 U.S.C. 135–135b).

5 (19) Sections 12 through 14 of the Federal

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

7 (20) Sections 3901 and 3902 of title 46, United

8 States Code.

9 (21) The first section of Public Law 97–46 (7

10 U.S.C. 147b).

11 (b) CONFORMING AMENDMENTS.—

12 (1) FEDERAL MEAT INSPECTION ACT.—Section

13 18 of the Federal Meat Inspection Act (21 U.S.C.

14 618) is amended by striking ‘‘of the cattle’’ and all

15 that follows through ‘‘as herein described’’ and in16 serting ‘‘the carcasses and products of cattle, sheep,

17 swine, goats, horses, mules, and other equines’’. ––

18 (2) FOOD, AGRICULTURE, CONSERVATION, AND

19 TRADE ACT OF 1990.—Section 2509 of the Food, Ag20 riculture, Conservation, and Trade Act of 1990 (21

21 U.S.C. 136a) is amended—

22 (A) in subsection (c), by adding after para23 graph (1) the following:

24 ‘‘(2) RECOVERY OF COSTS RELATED TO VET25 ERINARY DIAGNOSTICS.—The Secretary of Agri-
37

•HR 2002 IH

1 culture is authorized to prescribe and collect fees to

2 recover the costs of carrying out the provisions of

3 the Animal Health Protection Act which relate to

4 veterinary diagnostics.’’; and

5 (B) in subsection (f)(1), by striking sub6 paragraphs (B) through (O) and inserting the

7 following:

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

9 1890 (26 U.S.C. 101);

10 ‘‘(C) the Animal Health Protection Act;

11 and

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

13 Secretary relating to plant or animal diseases

14 or pests.’’.

15 (c) EFFECT ON REGULATIONS.—Regulations issued

16 under the authority of a provision of law repealed by this

17 section shall remain in effect until such time as the Sec18 retary issues a regulation under section 17 that supersedes

19 the earlier regulation.

Æ