H. R. 2646—352
SEC. 9010. CONTINUATION OF BIOENERGY PROGRAM.
(a) DEFINITIONS.—In this section:
(1) BIOENERGY.—The term ‘‘bioenergy’’ means—
(A) biodiesel; and
(B) fuel grade ethanol.
(2) BIODIESEL.—The term ‘‘biodiesel’’ means a monoalkyl
ester that meets the requirements of an appropriate American
Society for Testing and Materials standard.
(3) ELIGIBLE COMMODITY.—The term ‘‘eligible commodity’’
means—
(A) wheat, corn, grain sorghum, barley, oats, rice, soy-
beans, sunflower seed, rapeseed, canola, safflower, flaxseed,
mustard, crambe, sesame seed, and cottonseed;
(B) a cellulosic commodity (such as hybrid poplar and
switch grass);
(C) fats, oils, and greases (including recycled fats, oils,
and greases) derived from an agricultural product; and
(D) any animal byproduct (in addition to oils, fats,
and greases) that may be used to produce bioenergy, as
determined by the Secretary.
(4) ELIGIBLE
PRODUCER.—The term ‘‘eligible producer’’
means a producer that uses an eligible commodity to produce
bioenergy.
(b) BIOENERGY PROGRAM.—
(1) CONTINUATION.—The Secretary shall continue the pro-
gram under part 1424 of title 7, Code of Federal Regulations
(or any successor regulation), under which the Secretary makes
payments to eligible producers to encourage increased pur-
chases of eligible commodities for the purpose of expanding
production of such bioenergy and supporting new production
capacity for such bioenergy.
(2) CONTRACTS.—To be eligible to receive a payment, an
eligible producer shall—
(A) enter into a contract with the Secretary to increase
bioenergy production for 1 or more fiscal years; and
(B) submit to the Secretary such records as the Sec-
retary may require as evidence of increased purchase and
use of eligible commodities for the production of bioenergy.
(3) PAYMENT.—
(A) IN GENERAL.—Under the program, the Secretary
shall make payments to eligible producers, based on the
quantity of bioenergy produced by the eligible producer
during a fiscal year that exceeds the quantity of bioenergy
produced by the eligible producer during the preceding
fiscal year.
(B) PAYMENT RATE.—
(i) PRODUCERS OF LESS THAN 65,000,000 GALLONS.—
An eligible producer that produces less than 65,000,000
gallons of bioenergy shall be reimbursed 1 feedstock
unit for every 2.5 feedstock units of eligible commodity
used for increased production.
(ii) PRODUCERS OF 65,000,000 OR MORE GALLONS.—
An eligible producer that produces 65,000,000 or more
gallons of bioenergy shall be reimbursed 1 feedstock
unit for every 3.5 feedstock units of eligible commodity
used for increased production.
H. R. 2646—353
(C) QUARTERLY PAYMENTS.—The Secretary shall make
payments to an eligible producer for each quarter of the
fiscal year.
(4) PRORATION.—If the amount made available for a fiscal
year under subsection (c) is insufficient to allow the payment
of the amount of the payments that eligible producers (that
apply for the payments) otherwise would receive under this
subsection, the Secretary shall prorate the amount of the funds
among all such eligible producers.
(5) OVERPAYMENTS.—If the total amount of payments that
an eligible producer receives for a fiscal year under this section
exceeds the amount that the eligible producer should have
received under this subsection, the eligible producer shall repay
the amount of the overpayment to the Secretary, with interest
(as determined by the Secretary).
(6) LIMITATION.—No eligible producer shall receive more
than 5 percent of the total amount made available under sub-
section (c) for a fiscal year.
(7) OTHER REQUIREMENTS.—To be eligible to receive a pay-
ment under this subsection, an eligible producer shall meet
other requirements of Federal law (including regulations)
applicable to the production of bioenergy.
(c) FUNDING.—Of the funds of the Commodity Credit Corpora-
tion, the Secretary shall use to carry out this section—
(1) not more than $150,000,000 for each of fiscal years
2003 through 2006; and
(2) $0 for fiscal year 2007.
TITLE X—MISCELLANEOUS
Subtitle A—Crop Insurance
SEC. 10001. EQUAL CROP INSURANCE TREATMENT OF POTATOES AND
SWEET POTATOES.
Section 508(a)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)(2)) is amended in the first sentence by striking ‘‘and pota-
toes’’ and inserting ‘‘, potatoes, and sweet potatoes’’.
SEC. 10002. CONTINUOUS COVERAGE.
Section 508(e)(4) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(4)) is amended—
(1) in the paragraph heading, by striking ‘‘TEMPORARY
PROHIBITION’’ and inserting ‘‘PROHIBITION’’; and
(2) by striking ‘‘through 2005’’ and inserting ‘‘and subse-
quent’’.
SEC. 10003. QUALITY LOSS ADJUSTMENT PROCEDURES.
Section 508(m) of the Federal Crop Insurance Act (7 U.S.C.
1508(m)) is amended—
(1) in paragraph (3)—
(A) by striking ‘‘The Corporation’’ and inserting the
following:
‘‘(A) REVIEW.—The Corporation’’; and
(B) by striking ‘‘Based on’’ and inserting the following:
‘‘(B) PROCEDURES.—Effective beginning not later than
the 2004 reinsurance year, based on’’; and
H. R. 2646—354
(2) by adding at the end the following:
‘‘(4) QUALITY OF AGRICULTURAL COMMODITIES DELIVERED
TO WAREHOUSE OPERATORS.—In administering this title, the
Secretary shall accept, in the same manner and under the
same terms and conditions, evidence of the quality of agricul-
tural commodities delivered to—
‘‘(A) warehouse operators that are licensed under the
United States Warehouse Act (7 U.S.C. 241 et seq.);
‘‘(B) warehouse operators that—
‘‘(i) are licensed under State law; and
‘‘(ii) have entered into a storage agreement with
the Commodity Credit Corporation; and
‘‘(C) warehouse operators that—
‘‘(i) are not licensed under State law but are in
compliance with State law regarding warehouses; and
‘‘(ii) have entered into a commodity storage agree-
ment with the Commodity Credit Corporation.’’.
SEC. 10004. ADJUSTED GROSS REVENUE INSURANCE PILOT PROGRAM.
Section 523 of the Federal Crop Insurance Act (7 U.S.C. 1523)
is amended by adding at the end the following:
‘‘(e) ADJUSTED GROSS REVENUE INSURANCE PILOT PROGRAM.—
‘‘(1) IN GENERAL.—The Corporation shall carry out, through
at least the 2004 reinsurance year, the adjusted gross revenue
insurance pilot program in effect for the 2002 reinsurance year.
‘‘(2) ADDITIONAL COUNTIES.—
‘‘(A) IN GENERAL.—In addition to counties otherwise
included in the pilot program, the Corporation shall include
in the pilot program for the 2003 reinsurance year at
least 8 counties in the State of California and at least
8 counties in the State of Pennsylvania.
‘‘(B) SELECTION CRITERIA.—In carrying out subpara-
graph (A), the Corporation shall work with the respective
State Departments of Agriculture to establish criteria to
determine which counties to include in the pilot program.’’.
SEC. 10005. SENSE OF CONGRESS ON EXPANSION OF CROP INSURANCE
COVERAGE.
It is the sense of Congress that the Federal Crop Insurance
Corporation should address needs of producers through the expan-
sion of pilot programs and coverage under the Federal Crop Insur-
ance Act (7 U.S.C. 1501 et seq.), including—
(1) crop revenue insurance for the producers of pecans
in the State of Georgia; and
(2) coverage for continuous crops of wheat produced in
the State of Kansas.
SEC. 10006. REPORT ON SPECIALTY CROP INSURANCE.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Agriculture shall submit to the Committee
on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
that describes—
(1) the progress made by the Federal Crop Insurance Cor-
poration in research and development of innovative risk
management products to include cost of production insurance
H. R. 2646—355
that provides coverage for specialty crops, paying special atten-
tion to apples, asparagus, blueberries (wild and domestic), cab-
bage, canola, carrots, cherries, Christmas trees, citrus fruits,
cucumbers, dry beans, eggplants, floriculture, grapes, green-
house and nursery agricultural commodities, green peas, green
peppers, hay, lettuce, maple, mushrooms, pears, potatoes,
pumpkins, snap beans, spinach, squash, strawberries, sugar
beets, and tomatoes; and
(2) the progress made by the Corporation in increasing
the use of risk management products offered through the Cor-
poration by producers of specialty crops, by small- and mod-
erate-sized farms, and in areas that are underserved, as deter-
mined by the Secretary.
Subtitle B—Disaster Assistance
SEC. 10101. REFERENCE TO SEA GRASS AND SEA OATS AS CROPS COV-
ERED BY NONINSURED CROP DISASTER ASSISTANCE
PROGRAM.
Section 196(a)(2)(B) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333(a)(2)(B)) is amended by
inserting ‘‘sea grass and sea oats,’’ after ‘‘fish),’’.
SEC. 10102. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT
AND SEASONAL FARMWORKERS.
Section 2281(a) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (42 U.S.C. 5177a(a)) is amended by striking
‘‘, not to exceed $20,000,000 annually,’’.
SEC. 10103. EMERGENCY LOANS FOR SEED PRODUCERS.
Section 253(b)(5)(B) of the Agricultural Risk Protection Act
of 2000 (Public Law 106–224; 114 Stat. 423) is amended by striking
‘‘18 months’’ and inserting ‘‘36 months’’.
SEC. 10104. ASSISTANCE FOR LIVESTOCK PRODUCERS.
(a) AVAILABILITY OF ASSISTANCE.—In such amounts as are pro-
vided in advance in appropriation Acts, the Secretary of Agriculture
may provide assistance to dairy and other livestock producers to
cover economic losses incurred by such producers in connection
with the production of livestock.
(b) TYPES OF ASSISTANCE.—The assistance provided to livestock
producers may be in the following forms:
(1) Indemnity payments to livestock producers who incur
livestock mortality losses.
(2) Livestock feed assistance to livestock producers affected
by shortages of feed.
(3) Compensation for sudden increases in production costs.
(4) Such other assistance, and for such other economic
losses, as the Secretary considers appropriate.
(c) LIMITATIONS.—The Secretary may not use the funds of the
Commodity Credit Corporation to provide assistance under this
section.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary such sums as may be necessary
to carry out this section.
H. R. 2646—356
SEC. 10105. MARKET LOSS ASSISTANCE FOR APPLE PRODUCERS.
(a) IN GENERAL.—Of the funds of the Commodity Credit Cor-
poration, the Secretary of Agriculture shall use $94,000,000 for
fiscal year 2002 to make payments, as soon as practicable after
the date of enactment of this Act, to apple producers for the loss
of markets during the 2000 crop year.
(b) PAYMENT QUANTITY.—The payment quantity of apples for
which the producers on a farm are eligible for payments under
this section shall be equal to the lesser of—
(1) the quantity of the 2000 crop of apples produced by
the producers on the farm; or
(2) 5,000,000 pounds of apples produced on the farm.
(c) LIMITATIONS.—Subject to subsection (b)(2), the Secretary
shall not establish a payment limitation, or income eligibility limita-
tion, with respect to payments made under this section.
(d) REGULATIONS.—
(1) IN
GENERAL.—The Secretary shall promulgate such
regulations as are necessary to implement this section.
(2) PROCEDURE.—The promulgation of the regulations and
administration of this section shall be made without regard
to—
(A) the notice and comment provisions of section 553
of title 5, United States Code;
(B) the Statement of Policy of the Secretary of Agri-
culture effective July 24, 1971 (36 Fed. Reg. 13804),
relating to notices of proposed rulemaking and public
participation in rulemaking; and
(C) chapter 35 of title 44, United States Code (com-
monly known as the ‘‘Paperwork Reduction Act’’).
(3) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In
carrying out this subsection, the Secretary shall use the
authority provided under section 808 of title 5, United States
Code.
SEC. 10106. MARKET LOSS ASSISTANCE FOR ONION PRODUCERS.
The Secretary of Agriculture shall use $10,000,000 of the funds
of the Commodity Credit Corporation to make a grant to the State
of New York to be used to support onion producers in Orange
County, New York, that have suffered losses to onion crops during
1 or more of the 1996 through 2000 crop years.
SEC. 10107. COMMERCIAL FISHERIES FAILURE.
(a) IN GENERAL.—The Secretary of Agriculture, in consultation
with the Secretary of Commerce, shall provide emergency disaster
assistance for the commercial fishery failure under section 308(b)(1)
of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(b)(1))
with respect to Northeast multispecies fisheries.
(b) PROGRAM
REQUIREMENTS.—Amounts made available to
carry out this section shall be used to support a voluntary fishing
capacity reduction program in the Northeast multispecies fishery
that—
(1) is certified by the Secretary of Commerce to be con-
sistent with section 312(b) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861a(b)); and
(2) permanently revokes multispecies limited access fishing
permits so as to obtain the maximum sustained reduction in
fishing capacity at the least cost and in the minimum period
H. R. 2646—357
of time and to prevent the replacement of fishing capacity
removed by the program.
(c) APPLICATION OF REGULATIONS.—The program shall be car-
ried out in accordance with the regulations codified at part 648
of title 50, Code of Federal Regulations, and any corresponding
rule issued in accordance with the regulations.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
(e) TERMINATION OF AUTHORITY.—The authority provided under
this section terminates on the date that is 1 year after the date
of enactment of this Act.
SEC. 10108. STUDY OF FEASIBILITY OF PRODUCER INDEMNIFICATION
FROM GOVERNMENT-CAUSED DISASTERS.
(a) FINDINGS.—Congress finds that the implementation of Fed-
eral disaster assistance programs fails to adequately address situa-
tions in which disaster conditions are caused primarily by Federal
action.
(b) AUTHORITY.—The Secretary of Agriculture shall conduct
a study of the feasibility of expanding eligibility for crop insurance
under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.),
and noninsured crop assistance under section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333),
to agricultural producers experiencing disaster conditions caused
primarily by Federal agency action restricting access to irrigation
water, including any lack of access to an adequate supply of water
caused by failure by the Secretary of the Interior to fulfill a contract
in accordance with the Central Valley Project Improvement Act
(106 Stat. 4706).
(c) REPORT.—Not later than 150 days after the date of enact-
ment of this Act, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
that describes the results of the study, including any recommenda-
tions.
Subtitle C—Tree Assistance Program
SEC. 10201. DEFINITIONS.
In this subtitle:
(1) ELIGIBLE ORCHARDIST.—The term ‘‘eligible orchardist’’
means a person that produces annual crops from trees for
commercial purposes.
(2) NATURAL DISASTER.—The term ‘‘natural disaster’’ means
plant disease, insect infestation, drought, fire, freeze, flood,
earthquake, lightning, and other occurrence, as determined by
the Secretary.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(4) TREE.—The term ‘‘tree’’ includes a tree, bush, and vine.
SEC. 10202. ELIGIBILITY.
(a) LOSS.—Subject to subsection (b), the Secretary shall provide
assistance under section 10203 to eligible orchardists that planted
trees for commercial purposes but lost the trees as a result of
a natural disaster, as determined by the Secretary.
H. R. 2646—358
(b) LIMITATION.—An eligible orchardist shall qualify for assist-
ance under subsection (a) only if the tree mortality of the eligible
orchardist, as a result of damaging weather or related condition,
exceeds 15 percent (adjusted for normal mortality).
SEC. 10203. ASSISTANCE.
Subject to section 10204, the assistance provided by the Sec-
retary to eligible orchardists for losses described in section 10202
shall consist of—
(1) reimbursement of 75 percent of the cost of replanting
trees lost due to a natural disaster, as determined by the
Secretary, in excess of 15 percent mortality (adjusted for normal
mortality); or
(2) at the option of the Secretary, sufficient seedlings to
reestablish a stand.
SEC. 10204. LIMITATIONS ON ASSISTANCE.
(a) AMOUNT.—The total amount of payments that a person
shall be entitled to receive under this subtitle may not exceed
$75,000, or an equivalent value in tree seedlings.
(b) ACRES.—The total quantity of acres planted to trees or
tree seedlings for which a person shall be entitled to receive pay-
ments under this subtitle may not exceed 500 acres.
(c) 
REGULATIONS.—The 
Secretary 
shall 
promulgate
regulations—
(1) defining the term ‘‘person’’ for the purposes of this
subtitle, which shall conform, to the maximum extent prac-
ticable, to the regulations defining the term ‘‘person’’ promul-
gated under section 1001 of the Food Security Act of 1985
(7 U.S.C. 1308); and
(2) promulgating such regulations as the Secretary deter-
mines necessary to ensure a fair and reasonable application
of the limitation established under this section.
SEC. 10205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle D—Animal Welfare
SEC. 10301. DEFINITION OF ANIMAL UNDER THE ANIMAL WELFARE
ACT.
Section 2(g) of the Animal Welfare Act (7 U.S.C. 2132(g)) is
amended in the first sentence by striking ‘‘excludes horses not
used for research purposes and’’ and inserting the following:
‘‘excludes (1) birds, rats of the genus Rattus, and mice of the
genus Mus, bred for use in research, (2) horses not used for research
purposes, and (3)’’.
SEC. 10302. PROHIBITION ON INTERSTATE MOVEMENT OF ANIMALS
FOR ANIMAL FIGHTING.
(a) IN GENERAL.—Section 26 of the Animal Welfare Act (7
U.S.C. 2156) is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) SPONSORING
OR EXHIBITING
AN ANIMAL
IN
AN ANIMAL
FIGHTING VENTURE.—
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‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
it shall be unlawful for any person to knowingly sponsor or
exhibit an animal in an animal fighting venture, if any animal
in the venture was moved in interstate or foreign commerce.
‘‘(2) SPECIAL RULE FOR CERTAIN STATES.—With respect to
fighting ventures involving live birds in a State where it would
not be in violation of the law, it shall be unlawful under
this subsection for a person to sponsor or exhibit a bird in
the fighting venture only if the person knew that any bird
in the fighting venture was knowingly bought, sold, delivered,
transported, or received in interstate or foreign commerce for
the purpose of participation in the fighting venture.’’;
(2) in subsection (b), by striking ‘‘or deliver to another
person or receive from another person’’ and inserting ‘‘deliver,
or receive’’; and
(3) in subsection (d), by striking ‘‘subsections (a), (b), or
(c) of this section’’ and inserting ‘‘subsection (c)’’.
(b) EFFECTIVE DATE.—The amendments made by this section
take effect 1 year after the date of enactment of this Act.
SEC. 10303. PENALTIES AND FOREIGN COMMERCE PROVISIONS OF THE
ANIMAL WELFARE ACT.
(a) IN GENERAL.—Section 26 of the Animal Welfare Act (7
U.S.C. 2156) is amended—
(1) in subsection (e)—
(A) by inserting ‘‘PENALTIES.—’’ after ‘‘(e)’’; and
(B) by striking ‘‘$5,000’’ and inserting ‘‘$15,000’’; and
(2) in subsection (g)(2)(B), by inserting before the semicolon
at the end the following: ‘‘or from any State into any foreign
country’’.
(b) EFFECTIVE DATE.—The amendment made by this section
takes effect 1 year after the date of enactment of this Act.
SEC. 10304. REPORT ON RATS, MICE, AND BIRDS.
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the National Research Council shall submit to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the
Senate, a report on the implications of including rats, mice, and
birds within the definition of animal under the regulations promul-
gated under the Animal Welfare Act (7 U.S.C. 2131 et seq.).
(b) REQUIREMENTS.—The report under subsection (a) shall—
(1) be completed with input, consultation, and recommenda-
tions from—
(A) the Secretary of Agriculture;
(B) the Secretary of Health and Human Services; and
(C) the Institute for Animal Laboratory Research
within the National Academy of Sciences;
(2) contain an estimate of—
(A) the number and types of entities that use rats,
mice, and birds for research purposes; and
(B) which of the entities—
(i) are subject to regulations of the Department
of Agriculture;
(ii) are subject to regulations or guidelines of the
Department of Health and Human Services; or
H. R. 2646—360
(iii) voluntarily comply with the accreditation
requirements of the Association for Assessment and
Accreditation of Laboratory Animal Care;
(3) contain an estimate of the numbers of rats, mice, and
birds used in research facilities, with an indication of which
of the facilities—
(A) are subject to regulations of the Department of
Agriculture;
(B) are subject to regulations or guidelines of the
Department of Health and Human Services; or
(C) voluntarily comply with the accreditation require-
ments of the Association for Assessment and Accreditation
of Laboratory Animal Care;
(4) contain an estimate of the additional costs likely to
be incurred by breeders and research facilities resulting from
the additional regulatory requirements needed in order to afford
the same level of protection to rats, mice, and birds as is
provided for species regulated by the Department of Agri-
culture, detailing the costs associated with individual regulatory
requirements;
(5) contain recommendations for minimizing such costs,
including—
(A) an estimate of the cost savings that would result
from providing a different level of protection to rats, mice,
and birds than is provided for species regulated by the
Department of Agriculture; and
(B) an estimate of the cost savings that would result
if new regulatory requirements were substantially equiva-
lent to, and harmonized with, guidelines of the National
Institutes of Health;
(6) contain an estimate of the additional funding that the
Animal and Plant Health Inspection Service would require
to be able to ensure that the level of compliance with respect
to other regulated animals is not diminished by the increase
in the number of facilities that would require inspections if
a rule extending the regulatory definition of animal to rats,
mice, and birds were to become effective; and
(7) contain recommendations for—
(A) minimizing the regulatory burden on facilities sub-
ject to—
(i) regulations of the Department of Agriculture;
(ii) regulations or guidelines of the Department
of Health and Human Services; or
(iii) accreditation requirements of the Association
for Assessment and Accreditation of Laboratory Animal
Care; and
(B) preventing any duplication of regulatory require-
ments.
SEC. 10305. ENFORCEMENT OF HUMANE METHODS OF SLAUGHTER
ACT OF 1958.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
the Secretary of Agriculture should—
(1) continue tracking the number of violations of Public
Law 85–765 (7 U.S.C. 1901 et seq.; commonly known as the
‘‘Humane Methods of Slaughter Act of 1958’’) and report the
results and relevant trends annually to Congress; and
H. R. 2646—361
(2) fully enforce Public Law 85–765 by ensuring that
humane methods in the slaughter of livestock—
(A) prevent needless suffering;
(B) result in safer and better working conditions for
persons engaged in slaughtering operations;
(C) bring about improvement of products and econo-
mies in slaughtering operations; and
(D) produce other benefits for producers, processors,
and consumers that tend to expedite an orderly flow of
livestock and livestock products in interstate and foreign
commerce.
(b) UNITED STATES POLICY.—It is the policy of the United
States that the slaughtering of livestock and the handling of live-
stock in connection with slaughter shall be carried out only by
humane methods, as provided by Public Law 85–765.
Subtitle E—Animal Health Protection
SEC. 10401. SHORT TITLE.
This subtitle may be cited as the ‘‘Animal Health Protection
Act’’.
SEC. 10402. FINDINGS.
Congress finds that—
(1) the prevention, detection, control, and eradication of
diseases and pests of animals are essential to protect—
(A) animal health;
(B) the health and welfare of the people of the United
States;
(C) the economic interests of the livestock and related
industries of the United States;
(D) the environment of the United States; and
(E) interstate commerce and foreign commerce of the
United States in animals and other articles;
(2) animal diseases and pests are primarily transmitted
by animals and articles regulated under this subtitle;
(3) the health of animals is affected by the methods by
which animals and articles are transported in interstate com-
merce and foreign commerce;
(4) the Secretary must continue to conduct research on
animal diseases and pests that constitute a threat to the live-
stock of the United States; and
(5)(A) all animals and articles regulated under this subtitle
are in or affect interstate commerce or foreign commerce; and
(B) regulation by the Secretary and cooperation by the
Secretary with foreign countries, States or other jurisdictions,
or persons are necessary—
(i) to prevent and eliminate burdens on interstate com-
merce and foreign commerce;
(ii) to regulate effectively interstate commerce and for-
eign commerce; and
(iii) to protect the agriculture, environment, economy,
and health and welfare of the people of the United States.
SEC. 10403. DEFINITIONS.
In this subtitle:
H. R. 2646—368
(c) INSPECTIONS WITH WARRANTS.—
(1) IN GENERAL.—The Secretary may enter, with a warrant,
any premises in the United States for the purpose of making
inspections and seizures under this subtitle.
(2) APPLICATION AND ISSUANCE OF WARRANTS.—
(A) IN
GENERAL.—On proper oath or affirmation
showing probable cause to believe that there is on certain
premises any animal, article, facility, or means of convey-
ance regulated under this subtitle, a United States judge,
a judge of a court of record in the United States, or a
United States magistrate judge may issue a warrant for
the entry on premises within the jurisdiction of the judge
or magistrate to make any inspection or seizure under
this subtitle.
(B) EXECUTION.—The warrant may be applied for and
executed by the Secretary or any United States marshal.
SEC. 10409. DETECTION, CONTROL, AND ERADICATION OF DISEASES
AND PESTS.
(a) IN GENERAL.—The Secretary may carry out operations and
measures to detect, control, or eradicate any pest or disease of
livestock (including the drawing of blood and diagnostic testing
of animals), including animals at a slaughterhouse, stockyard, or
other point of concentration.
(b) COMPENSATION.—
(1) IN GENERAL.—The Secretary may pay a claim arising
out of the destruction of any animal, article, or means of convey-
ance consistent with the purposes of this subtitle.
(2) REVIEWABILITY.—The action of the Secretary in carrying
out paragraph (1) shall not be subject to review of longer
than 60 days by any officer or employee of the Federal Govern-
ment other than the Secretary or the designee of the Secretary.
SEC. 10410. VETERINARY ACCREDITATION PROGRAM.
(a) IN GENERAL.—The Secretary may establish a veterinary
accreditation program that is consistent with this subtitle, including
the establishment of standards of conduct for accredited veterinar-
ians.
(b) CONSULTATION.—The Secretary shall consult with State
animal health officials and veterinary professionals regarding the
establishment of the veterinary accreditation program.
(c) SUSPENSION OR REVOCATION OF ACCREDITATION.—
(1) IN
GENERAL.—The Secretary may, after notice and
opportunity for a hearing on the record, suspend or revoke
the accreditation of any veterinarian accredited under this title
who violates this subtitle.
(2) FINAL ORDER.—The order of the Secretary suspending
or revoking accreditation shall be treated as a final order
reviewable under chapter 158 of title 28, United States Code.
(3) SUMMARY SUSPENSION.—
(A) IN GENERAL.—The Secretary may summarily sus-
pend the accreditation of a veterinarian whom the Sec-
retary has reason to believe knowingly violated this sub-
title.
(B) HEARINGS.—The Secretary shall provide the veteri-
narian with a subsequent notice and an opportunity for
a prompt post-suspension hearing on the record.
H. R. 2646—369
(d) APPLICATION OF PENALTY PROVISIONS.—The criminal and
civil penalties described in section 10414 shall not apply to a
violation of this section that is not a violation of any other provision
of this subtitle.
SEC. 10411. COOPERATION.
(a) IN GENERAL.—To carry out this subtitle, the Secretary may
cooperate with other Federal agencies, States or political subdivi-
sions of States, national governments of foreign countries, local
governments of foreign countries, domestic or international
organizations, domestic or international associations, Indian tribes,
and other persons.
(b) RESPONSIBILITY.—The person or other entity cooperating
with the Secretary shall be responsible for the authority necessary
to carry out operations or measures—
(1) on all land and property within a foreign country or
State, or under the jurisdiction of an Indian tribe, other than
on land and property owned or controlled by the United States;
and
(2) using other facilities and means, as determined by
the Secretary.
(c) SCREWWORMS.—
(1) IN GENERAL.—The Secretary may, independently or in
cooperation with national governments of foreign countries or
international organizations or associations, produce and sell
sterile screwworms to any national government of a foreign
country or international organization or association, if the Sec-
retary determines that the livestock industry and related indus-
tries of the United States will not be adversely affected by
the production and sale.
(2) PROCEEDS.—
(A) INDEPENDENT PRODUCTION AND SALE.—If the Sec-
retary independently produces and sells sterile screwworms
under paragraph (1), the proceeds of the sale shall be—
(i) deposited into the Treasury of the United
States; and
(ii) credited to the account from which the oper-
ating expenses of the facility producing the sterile
screwworms have been paid.
(B) COOPERATIVE PRODUCTION AND SALE.—
(i) IN
GENERAL.—If the Secretary cooperates to
produce and sell sterile screwworms under paragraph
(1), the proceeds of the sale shall be divided between
the United States and the cooperating national govern-
ment or international organization or association in
a manner determined by the Secretary.
(ii) ACCOUNT.—The United States portion of the
proceeds shall be—
(I) deposited into the Treasury of the United
States; and
(II) credited to the account from which the
operating expenses of the facility producing the
sterile screwworms have been paid.
(d) COOPERATION IN PROGRAM ADMINISTRATION.—The Secretary
may cooperate with State authorities, Indian tribe authorities, or
other persons in the administration of regulations for the improve-
ment of livestock and livestock products.
H. R. 2646—370
(e) CONSULTATION AND COORDINATION WITH OTHER FEDERAL
AGENCIES.—
(1) IN GENERAL.—The Secretary shall consult and coordi-
nate with the head of a Federal agency with respect to any
activity that is under the jurisdiction of the Federal agency.
(2) LEAD
AGENCY.—Subject to the consultation and
coordination requirement in paragraph (1), the Department
of Agriculture shall be the lead agency with respect to issues
related to pests and diseases of livestock.
SEC. 10412. REIMBURSABLE AGREEMENTS.
(a) AUTHORITY TO ENTER INTO AGREEMENTS.—The Secretary
may enter into reimbursable fee agreements with persons for
preclearance of animals or articles at locations outside the United
States for movement into the United States.
(b) FUNDS COLLECTED
FOR PRECLEARANCE.—Funds collected
for preclearance activities shall—
(1) be credited to accounts that may be established by
the Secretary for carrying out this section; and
(2) remain available until expended for the preclearance
activities, without fiscal year limitation.
(c) PAYMENT OF EMPLOYEES.—
(1) IN GENERAL.—Notwithstanding any other law, the Sec-
retary may pay an officer or employee of the Department of
Agriculture performing services under this subtitle relating
to imports into and exports from the United States for all
overtime, night, or holiday work performed by the officer or
employee at a rate of pay determined by the Secretary.
(2) REIMBURSEMENT.—
(A) IN GENERAL.—The Secretary may require a person
for whom the services are performed to reimburse the
Secretary for any expenses paid by the Secretary for the
services under this subsection.
(B) USE OF FUNDS.—All funds collected under this sub-
section shall—
(i) be credited to the account that incurs the costs;
and
(ii) remain available until expended, without fiscal
year limitation.
(d) LATE PAYMENT PENALTIES.—
(1) COLLECTION.—On failure by a person to reimburse the
Secretary in accordance with this section, the Secretary may
assess a late payment penalty against the person, including
interest on overdue funds, as required by section 3717 of title
31, United States Code.
(2) USE OF FUNDS.—Any late payment penalty and any
accrued interest shall—
(A) be credited to the account that incurs the costs;
and
(B) remain available until expended, without fiscal year
limitation.
SEC. 10413. ADMINISTRATION AND CLAIMS.
(a) ADMINISTRATION.—To carry out this subtitle, the Secretary
may—
(1) acquire and maintain real or personal property;
(2) employ a person;
(3) make a grant; and
H. R. 2646—371
(4) notwithstanding chapter 63 of title 31, United States
Code, enter into a contract, cooperative agreement, memo-
randum of understanding, or other agreement.
(b) TORT CLAIMS.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Secretary may pay a tort claim, in the manner authorized
by the first paragraph of section 2672 of title 28, United States
Code, if the claim arises outside the United States in connection
with an activity authorized under this subtitle.
(2) REQUIREMENTS.—A claim may not be allowed under
this subsection unless the claim is presented in writing to
the Secretary not later than 2 years after the date on which
the claim arises.
SEC. 10414. PENALTIES.
(a) CRIMINAL PENALTIES.—
(1) OFFENSES.—
(A) IN
GENERAL.—A person that knowingly violates
this subtitle, or knowingly forges, counterfeits, or, without
authority from the Secretary, uses, alters, defaces, or
destroys any certificate, permit, or other document provided
for in this subtitle shall be fined under title 18, United
States Code, imprisoned not more than 1 year, or both.
(B) DISTRIBUTION OR SALE.—A person that knowingly
imports, enters, exports, or moves any animal or article,
for distribution or sale, in violation of this subtitle, shall
be fined under title 18, United States Code, imprisoned
not more than 5 years, or both.
(2) MULTIPLE VIOLATIONS.—On the second and any subse-
quent conviction of a person of a violation of this subtitle
under paragraph (1), the person shall be fined under title
18, United States Code, imprisoned not more than 10 years,
or both.
(b) CIVIL PENALTIES.—
(1) IN GENERAL.—Except as provided in section 10410(d),
any person that violates this subtitle, or that forges, counter-
feits, or, without authority from the Secretary, uses, alters,
defaces, or destroys any certificate, permit, or other document
provided under this subtitle may, after notice and opportunity
for a hearing on the record, be assessed a civil penalty by
the Secretary that does not exceed the greater of—
(A)(i) $50,000 in the case of any individual, except
that the civil penalty may not exceed $1,000 in the case
of an initial violation of this subtitle by an individual
moving regulated articles not for monetary gain;
(ii) $250,000 in the case of any other person for each
violation; and
(iii) $500,000 for all violations adjudicated in a single
proceeding; or
(B) twice the gross gain or gross loss for any violation
or forgery, counterfeiting, or unauthorized use, alteration,
defacing or destruction of a certificate, permit, or other
document provided under this subtitle that results in the
person’s deriving pecuniary gain or causing pecuniary loss
to another person.
(2) FACTORS
IN
DETERMINING
CIVIL
PENALTY.—In deter-
mining the amount of a civil penalty, the Secretary shall take
H. R. 2646—372
into account the nature, circumstance, extent, and gravity of
the violation or violations and the Secretary may consider,
with respect to the violator—
(A) the ability to pay;
(B) the effect on ability to continue to do business;
(C) any history of prior violations;
(D) the degree of culpability; and
(E) such other factors as the Secretary considers to
be appropriate.
(3) SETTLEMENT OF CIVIL PENALTIES.—The Secretary may
compromise, modify, or remit, with or without conditions, any
civil penalty that may be assessed under this subsection.
(4) FINALITY OF ORDERS.—
(A) FINAL ORDER.—The order of the Secretary assessing
a civil penalty shall be treated as a final order reviewable
under chapter 158 of title 28, United States Code.
(B) REVIEW.—The validity of the order of the Secretary
may not be reviewed in an action to collect the civil penalty.
(C) INTEREST.—Any civil penalty not paid in full when
due under an order assessing the civil penalty shall there-
after accrue interest until paid at the rate of interest
applicable to civil judgments of the courts of the United
States.
(c) LIABILITY FOR ACTS OF AGENTS.—In the construction and
enforcement of this subtitle, the act, omission, or failure of any
officer, agent, or person acting for or employed by any other person
within the scope of the employment or office of the officer, agent,
or person, shall be deemed also to be the act, omission, or failure
of the other person.
(d) GUIDELINES FOR CIVIL PENALTIES.—Subject to the approval
of the Attorney General, the Secretary shall establish guidelines
to determine under what circumstances the Secretary may issue
a civil penalty or suitable notice of warning in lieu of prosecution
by the Attorney General of a violation of this subtitle.
SEC. 10415. ENFORCEMENT.
(a) COLLECTION OF INFORMATION.—
(1) IN GENERAL.—The Secretary may gather and compile
information and conduct any inspection or investigation that
the Secretary considers to be necessary for the administration
or enforcement of this subtitle.
(2) SUBPOENAS.—
(A) IN GENERAL.—The Secretary shall have power to
issue a subpoena to compel the attendance and testimony
of any witness and the production of any documentary
evidence relating to the administration or enforcement of
this subtitle or any matter under investigation in connec-
tion with this subtitle.
(B) LOCATION OF PRODUCTION.—The attendance of any
witness and production of documentary evidence relevant
to the inquiry may be required from any place in the
United States.
(C) ENFORCEMENT.—
(i) IN GENERAL.—In case of disobedience to a sub-
poena by any person, the Secretary may request the
Attorney General to invoke the aid of any court of
the United States within the jurisdiction in which the
H. R. 2646—373
investigation is conducted, or where the person resides,
is found, transacts business, is licensed to do business,
or is incorporated, to require the attendance and testi-
mony of any witness and the production of documen-
tary evidence.
(ii) NONCOMPLIANCE.—In case of a refusal to obey
a subpoena issued to any person, a court may order
the person to appear before the Secretary and give
evidence concerning the matter in question or to
produce documentary evidence.
(iii) CONTEMPT.—Any failure to obey the order of
the court may be punished by the court as contempt
of the court.
(D) COMPENSATION.—
(i) WITNESSES.—A witness summoned by the Sec-
retary under this subtitle shall be paid the same fees
and mileage that are paid to a witness in a court
of the United States.
(ii) DEPOSITIONS.—A witness whose deposition is
taken, and the person taking the deposition, shall be
entitled to the same fees that are paid for similar
services in a court of the United States.
(E) PROCEDURES.—
(i) PUBLICATION.—The Secretary shall publish
procedures for the issuance of subpoenas under this
section.
(ii) REVIEW.—The procedures shall include a
requirement that subpoenas be reviewed for legal suffi-
ciency and, to be effective, be signed by the Secretary.
(iii) DELEGATION.—If the authority to sign a sub-
poena is delegated to an agency other than the Office
of Administrative Law Judges, the agency receiving
the delegation shall seek review of the subpoena for
legal sufficiency outside that agency.
(b) AUTHORITY OF ATTORNEY GENERAL.—The Attorney General
may—
(1) prosecute, in the name of the United States, all criminal
violations of this subtitle that are referred to the Attorney
General by the Secretary or are brought to the notice of the
Attorney General by any person;
(2) bring an action to enjoin the violation of or to compel
compliance with this subtitle, or to enjoin any interference
by any person with the Secretary in carrying out this subtitle,
in any case in which the Secretary has reason to believe that
the person has violated, or is about to violate this subtitle
or has interfered, or is about to interfere, with the actions
of the Secretary; or
(3) bring an action for the recovery of any unpaid civil
penalty, funds under a reimbursable agreement, late payment
penalty, or interest assessed under this subtitle.
(c) COURT JURISDICTION.—
(1) IN GENERAL.—The United States district courts, the
District Court of Guam, the District Court of the Northern
Mariana Islands, the District Court of the Virgin Islands, the
highest court of American Samoa, and the United States courts
of the other territories and possessions are vested with jurisdic-
tion in all cases arising under this subtitle.
H. R. 2646—374
(2) VENUE.—Any action arising under this subtitle may
be brought, and process may be served, in the judicial district
where a violation or interference occurred or is about to occur,
or where the person charged with the violation, interference,
impending violation, impending interference, or failure to pay
resides, is found, transacts business, is licensed to do business,
or is incorporated.
(3) EXCEPTION.—Paragraphs (1) and (2) do not apply to
sections 10410(c) and 10414(b).
SEC. 10416. REGULATIONS AND ORDERS.
The Secretary may promulgate such regulations, and issue
such orders, as the Secretary determines necessary to carry out
this subtitle.
SEC. 10417. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated such
sums as are necessary to carry out this subtitle.
(b) TRANSFER OF FUNDS.—
(1) IN GENERAL.—In connection with an emergency under
which a pest or disease of livestock threatens any segment
of agricultural production in the United States, the Secretary
may transfer from other appropriations or funds available to
the agencies or corporations of the Department of Agriculture
such funds as the Secretary determines are necessary for the
arrest, control, eradication, or prevention of the spread of the
pest or disease of livestock and for related expenses.
(2) AVAILABILITY.—Any funds transferred under this sub-
section shall remain available until expended, without fiscal
year limitation.
(3) REVIEWABILITY.—The action of any officer, employee,
or agent of the Secretary in carrying out this section (including
determining the amount of and making any payment authorized
to be made under this subtitle) shall not be subject to review
of longer than 60 days by any officer or employee of the Federal
Government other than the Secretary or the designee of the
Secretary.
(c) USE OF FUNDS.—In carrying out this subtitle, the Secretary
may use funds made available to carry out this subtitle for—
(1) the employment of civilian nationals in foreign coun-
tries; and
(2) the construction and operation of research laboratories,
quarantine stations, and other buildings and facilities for spe-
cial purposes.
SEC. 10418. REPEALS AND CONFORMING AMENDMENTS.
(a) REPEALS.—The following provisions of law are repealed:
(1) Public Law 97–46 (7 U.S.C. 147b).
(2) Section 101(b) of the Act of September 21, 1944 (7
U.S.C. 429).
(3) The Act of August 28, 1950 (7 U.S.C. 2260).
(4) Section 919 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 2260a).
(5) Section 306 of the Tariff Act of 1930 (19 U.S.C. 1306).
(6) Sections 6 through 8 and 10 of the Act of August
30, 1890 (21 U.S.C. 102 through 105).
(7) The Act of February 2, 1903 (21 U.S.C. 111, 120 through
122).
H. R. 2646—375
(8) Sections 2 through 9, 11, and 13 of the Act of May
29, 1884 (21 U.S.C. 112, 113, 114, 114a, 114a–1, 115 through
120, 130).
(9) The first section and sections 2, 3, and 5 of the Act
of February 28, 1947 (21 U.S.C. 114b, 114c, 114d, 114d–1).
(10) The Act of June 16, 1948 (21 U.S.C. 114e, 114f).
(11) Public Law 87–209 (21 U.S.C. 114g, 114h).
(12) The third and fourth provisos of the fourth paragraph
under the heading ‘‘BUREAU OF ANIMAL INDUSTRY’’ of the Act
of May 31, 1920 (21 U.S.C. 116).
(13) The first section and sections 2, 3, 4, and 6 of the
Act of March 3, 1905 (21 U.S.C. 123 through 127).
(14) The first proviso under the heading ‘‘GENERAL
EXPENSES, BUREAU OF ANIMAL INDUSTRY’’ under the heading
‘‘BUREAU OF ANIMAL INDUSTRY’’ of the Act of June 30,
1914 (21 U.S.C. 128).
(15) The fourth proviso under the heading ‘‘SALARIES AND
EXPENSES’’ under the heading ‘‘ANIMAL
AND PLANT HEALTH
INSPECTION
SERVICE’’ of title I of the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (21 U.S.C. 129).
(16) The third paragraph under the heading ‘‘MISCELLA-
NEOUS’’ of the Act of May 26, 1910 (21 U.S.C. 131).
(17) The first section and sections 2 through 6 and 11
through 13 of Public Law 87–518 (21 U.S.C. 134 through 134h).
(18) Public Law 91–239 (21 U.S.C. 135 through 135b).
(19) Sections 12 through 14 of the Federal Meat Inspection
Act (21 U.S.C. 612 through 614).
(20) Chapter 39 of title 46, United States Code.
(b) CONFORMING AMENDMENTS.—
(1) Section 414(b) of the Plant Protection Act (7 U.S.C.
7714(b)) is amended—
(A) in paragraph (1), by striking ‘‘, or the owner’s
agent,’’; and
(B) in paragraph (2), by striking ‘‘or agent of the owner’’
each place it appears.
(2) Section 423 of the Plant Protection Act (7 U.S.C. 7733)
is amended—
(A) by striking subsection (b) and inserting the fol-
lowing:
‘‘(b) LOCATION OF PRODUCTION.—The attendance of any witness
and production of documentary evidence relevant to the inquiry
may be required from any place in the United States.’’;
(B) in the third sentence of subsection (e), by inserting
‘‘to an agency other than the Office of Administrative Law
Judges’’ after ‘‘is delegated’’; and
(C) by striking subsection (f).
(3) Section 11(h) of the Endangered Species Act of 1973
(16 U.S.C. 1540(h)) is amended in the first sentence by striking
‘‘animal quarantine laws (21 U.S.C. 101–105, 111–135b, and
612–614)’’ and inserting ‘‘animal quarantine laws (as defined
in section 2509(f) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (21 U.S.C. 136a(f))’’.
(4) Section 18 of the Federal Meat Inspection Act (21 U.S.C.
618) is amended by striking ‘‘of the cattle’’ and all that follows
through ‘‘as herein described’’ and inserting ‘‘of the carcasses
H. R. 2646—376
and products of cattle, sheep, swine, goats, horses, mules, and
other equines’’.
(5) Section 2509 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (21 U.S.C. 136a) is amended—
(A) in subsection (c), by inserting after paragraph (1)
the following:
‘‘(2) VETERINARY
DIAGNOSTICS.—The Secretary may pre-
scribe and collect fees to recover the costs of carrying out
the provisions of the Animal Health Protection Act that relate
to veterinary diagnostics.’’; and
(B) in subsection (f)(1), by striking subparagraphs (B)
through (O) and inserting the following:
‘‘(B) section 9 of the Act of August 30, 1890 (21 U.S.C.
101);
‘‘(C) the Animal Health Protection Act; or
‘‘(D) any other Act administered by the Secretary
relating to plant or animal diseases or pests.’’.
(c) EFFECT
ON REGULATIONS.—A regulation issued under a
provision of law repealed by subsection (a) shall remain in effect
until the Secretary issues a regulation under section 10404(b) or
10416 that supersedes the earlier regulation.
Subtitle F—Livestock
SEC. 10501. TRANSPORTATION OF POULTRY AND OTHER ANIMALS.
Section 5402(d)(2) of title 39, United States Code, is amended—
(1) in subparagraph (A), by inserting ‘‘, honeybees,’’ after
‘‘poultry’’; and
(2) by striking subparagraph (C).
SEC. 10502. SWINE CONTRACTORS.
(a) DEFINITIONS.—Section 2(a) of the Packers and Stockyards
Act, 1921 (7 U.S.C. 182(a)), is amended by adding at the end
the following:
‘‘(12) SWINE
CONTRACTOR.—The term ‘swine contractor’
means any person engaged in the business of obtaining swine
under a swine production contract for the purpose of slaugh-
tering the swine or selling the swine for slaughter, if—
‘‘(A) the swine is obtained by the person in commerce;
or
‘‘(B) the swine (including products from the swine)
obtained by the person is sold or shipped in commerce.
‘‘(13) SWINE
PRODUCTION
CONTRACT.—The term ‘swine
production contract’ means any growout contract or other
arrangement under which a swine production contract grower
raises and cares for the swine in accordance with the instruc-
tions of another person.
‘‘(14) SWINE
PRODUCTION
CONTRACT
GROWER.—The term
‘swine production contract grower’ means any person engaged
in the business of raising and caring for swine in accordance
with the instructions of another person.’’.
(b) SWINE CONTRACTORS.—
(1) IN GENERAL.—The Packers and Stockyards Act, 1921,
is amended by striking ‘‘packer’’ each place it appears in sec-
tions 202, 203, 204, and 205 (7 U.S.C. 192, 193, 194, 195)