I 
118TH CONGRESS 
1ST SESSION H. R. 5096 
To amend the Animal Health Protection Act to provide compensation for 
poultry growers and layers in control areas, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2023 
Ms. BLUNT ROCHESTER (for herself, Mr. ALFORD, Mr. JOHNSON of Georgia, 
Ms. KAPTUR, Mr. COSTA, Mr. KELLY of Mississippi, Mr. MOORE of Ala-
bama, Mr. FINSTAD, Mr. WOMACK, Mr. AUSTIN SCOTT of Georgia, Mr. 
GUEST, and Mr. ROUZER) introduced the following bill; which was re-
ferred to the Committee on Agriculture 
A BILL 
To amend the Animal Health Protection Act to provide com-
pensation for poultry growers and layers in control areas, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Healthy Poultry As-
sistance and Indemnification Act’’. 
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SEC. 2. COMPENSATION FOR POULTRY GROWERS AND LAY-
ERS IN CONTROL AREAS. 
Section 10407 of the Animal Health Protection Act 
(7 U.S.C. 8306) is amended— 
(1) in subsection (d), in the subsection heading, 
by inserting ‘‘FOR DESTROYED ANIMALS’’ after 
‘‘COMPENSATION’’; and 
(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’ means a Control Area determined by the 
Administrator of the Animal and Plant Health 
Inspection Service. 
‘‘(B) 
POULTRY.—The 
term 
‘poultry’ 
means domesticated fowl that are bred for the 
primary purpose of producing eggs or meat, in-
cluding, when so bred, chickens, turkeys, os-
triches, emus, rheas, cassowaries, waterfowl, 
and game birds, but not including doves and pi-
geons. 
‘‘(2) COMPENSATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
paragraph (3), the Secretary shall compensate 
the owner of a poultry growing or laying facility 
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for flocks of birds that the owner of such facil-
ity 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 ob-
tained 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 prohib-
ited 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 
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‘‘(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 deter-
mination 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 Sec-
retary 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 de-
scribed 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 re-
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ceived compensation under subsection (d) for a 
facility in the same control area during the 
same period of time.’’. 
Æ 
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