Healthy Poultry Assistance and Indemnification Act

To amend the Animal Health Protection Act to provide compensation for poultry growers and layers in control areas, and for other purposes. 1. Short title This Act may be cited as the Healthy Poultry Assistance and Indemnification Act 2. Compensation for poultry growers and layers in control areas Section 10407 of the Animal Health Protection Act ( 7 U.S.C. 8306 (1) in subsection (d), in the subsection heading, by inserting for destroyed animals Compensation (2) by adding at the end the following: (e) Compensation for poultry growers and layers in control areas (1) Definitions In this subsection: (A) Control area The term control area (B) Poultry The term poultry (2) Compensation (A) In general Except as provided in paragraph (3), the Secretary shall compensate the owner of a poultry growing or laying facility for flocks of birds that the owner of such facility was prohibited from growing or laying due to the location of the facility within a control area. (B) Amount (i) In general Compensation paid under subparagraph (A) shall be in an amount that is equal to the product obtained by multiplying— (I) the average income from the 5 most recent flocks of birds that the poultry growing or laying facility grew or laid; and (II) the number of flocks of birds that the owner of the poultry growing or laying facility was prohibited from growing or laying during the period of time in which the control areas was in effect. (ii) Limitation Compensation paid any owner of a poultry growing or laying facility under this subsection shall not exceed the difference between— (I) the amount described in clause (i); and (II) any compensation received by the owner from a State or other source for the 1 or more flocks of birds that the owner was prohibited from growing or laying. (iii) Reviewability The determination by the Secretary of the amount to be paid under this subsection shall be final and not subject to judicial review or review by any officer or employee of the Federal Government other than the Secretary or the designee of the Secretary. (C) Timing Compensation shall be paid under subparagraph (A) not later than 60 days after the date on which the owner of a poultry growing or laying facility submits a request to the Secretary for compensation. (3) Exceptions (A) In general The exceptions described in subsection (d)(3) shall apply to this subsection. (B) Compensation for destroyed animals No payment shall be made by the Secretary under this subsection to an owner of a poultry growing or laying facility who has received compensation under subsection (d) for a facility in the same control area during the same period of time. .

Summary: Healthy Poultry Assistance and Indemnification ActThis bill expands the Animal and Plant Health Inspection Service (APHIS) producer indemnity and compensation program to include compensation for all poultry growers and layers located in an APHIS-determined control area. Currently, APHIS provides indemnity and compensation to producers to remove animals classified as affected, suspect, or exposed to diseases of concern, including highly pathogenic avian influenza (HPAI). An APHIS-determined control area consists of both an infected zone and a buffer zone.  Under the bill, APHIS must compensate all owners of poultry growing or laying facilities for flocks of birds that the facility owner was prohibited from growing or laying due to the location of the facility within a control area. This may include facilities that are located in the buffer zones and have non-infected poultry.Further, the bill establishes a new compensation payment formula that requires payments to be based on the owner’s average income from the five most recent flocks. Under the bill, APHIS's compensation determination is final and not subject to judicial or administrative review (other than by the Secretary of Agriculture or a designee).