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 fol-
lowing bill; which was referred to the Committee on Agriculture, and in
addition to the Committee on the Judiciary, for a period to be subse-
quently 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Animal Health Protection Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
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.
fecting the health of livestock or any condition detri-
mental to production of livestock.
(4) ENTER AND ENTRY.—The terms ‘‘enter’’
and ‘‘entry’’ mean to move into, or the act of move-
ment into, the commerce of the United States.
(5) EXPORT
AND
EXPORTATION.—The terms
‘‘export’’ and ‘‘exportation’’ mean to move from, or
the act of movement from, the United States to any
place outside of the United States.
(6) FACILITY.—The term ‘‘facility’’ means any
structure.
(7) IMPORT
AND
IMPORTATION.—The term
‘‘import’’ and ‘‘importation’’ mean to move into, or
the act of movement into, the territorial limits of the
United States.
(8) 
INTERSTATE.—The 
term 
‘‘interstate’’
means—
(A) from one State into or through any
other State; or
(B) within the District of Columbia,
Guam, the Virgin Islands of the United States,
or any other territory or possession of the
United States.
(9) INTERSTATE COMMERCE.—The term ‘‘inter-
state commerce’’ means trade, traffic, or other
commerce—
(A) between a place in a State and a point
in another State, or between points within the
same State but through any place outside that
State; or
(B) within the District of Columbia,
Guam, the Virgin Islands of the United States,
or any other territory or possession of the
United States.
(10) LIVESTOCK.—The term ‘‘livestock’’ means
all farm-raised animals.
(11) MEANS
OF
CONVEYANCE.—The term
‘‘means of conveyance’’ means any personal property
used for or intended for use for the movement of
any other personal property.
(12) MOVE AND RELATED TERMS.—The terms
‘‘move’’, ‘‘moving’’, and ‘‘movement’’ mean—
(A) to carry, enter, import, mail, ship, or
transport;
(B) to aid, abet, cause, or induce the car-
rying, entering, importing, mailing, shipping, or
transporting;
(C) to offer to carry, enter, import, mail,
ship, or transport;
(D) to receive in order to carry, enter, im-
port, mail, ship, or transport;
(E) to release into the environment; or
(F) to allow any of the activities included
within this paragraph.
(13) PERSON.—The term ‘‘person’’ means any
individual, partnership, corporation, association,
joint venture, or other legal entity.
(14) PEST.—The term ‘‘pest’’ means any of the
following that can directly or indirectly injure, cause
damage to, or cause disease in livestock:
(A) A protozoan.
(B) A plant.
(C) A bacteria.
(D) A fungus.
(E) A virus or viroid.
(F) An infectious agent or other pathogen.
(G) An arthropod.
(H) A parasite.
(I) A prion.
(J) A vector.
(K) Any organism similar to or allied with
any of the organisms specified in the preceding
subparagraphs.
(15) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Agriculture.
(16) STATE.—The term ‘‘State’’ means any of
the several States of the United States, the Com-
monwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, the District of Co-
lumbia, Guam, the Virgin Islands of the United
States, or any other territory or possession of the
United States.
(17) THIS ACT.—Except when used in this sec-
tion, the term ‘‘this Act’’ includes any regulation or
order issued by the Secretary under the authority of
this Act.
(18) UNITED
STATES.—The term ‘‘United
States’’ means all of the States.
SEC. 4. RESTRICTION ON IMPORTATION OR ENTRY.
(a) IN GENERAL.—The Secretary may prohibit or re-
strict the—
(1) importation or entry of any animal, article,
or means of conveyance or use of any means of con-
veyance or facility if the Secretary determines that
the prohibition or restriction is necessary to prevent
the introduction into or dissemination within the
United States of any pest or disease of livestock;
(2) further movement of any animal that has
strayed into the United States if the Secretary de-
termines that the prohibition or restriction is nec-
essary to prevent the introduction or dissemination
of any disease or pest of livestock within the United
States; and
(3) use of any means of conveyance in connec-
tion with the importation or entry of livestock if the
Secretary determines that the prohibition or restric-
tion is necessary because the means of conveyance
has not been maintained in a clean and sanitary
condition or does not have accommodations for the
safe and proper movement of livestock.
(b) REGULATIONS.—The Secretary may issue regula-
tions requiring that any animal imported or entered be
raised or handled under post-import quarantine conditions
by or under the supervision of the Secretary for the pur-
poses of determining whether the animal is or may be af-
fected by any disease or pest of livestock. ––
(c) DESTRUCTION OR REMOVAL.—
(1) IN GENERAL.—The Secretary may order the
destruction or the removal from the United States
of—
(A) any animal, article, or means of con-
veyance that has been imported but has not en-
tered the United States if the Secretary deter-
mines that destruction or removal from the
United States is necessary to prevent the intro-
duction or dissemination of any disease or pest
of livestock into or within the United States;
(B) any animal, article, means of convey-
ance, or progeny of any animal that has been
imported or entered in violation of this Act; and
(C) any animal that has strayed into the
United States if the Secretary determines that
destruction or removal from the United States
is necessary to prevent the introduction or dis-
semination of any disease or pest of livestock
into or within the United States.
(2) REQUIREMENTS OF OWNERS.—
(A) ORDERS
TO
DISINFECT.—The Sec-
retary may require the disinfection of a means
of conveyance used in connection with the im-
portation of animals, and all attendants and
their clothing, and of all headropes and other
articles used in such importation.
(B) FAILURE TO COMPLY WITH ORDERS.—
If an owner or agent of the owner fails to com-
ply with an order of the Secretary under this
section, the Secretary may take remedial action,
destroy, or remove from the United States the
animal, article, or means of conveyance as au-
thorized under paragraph (1) and recover from
the owner or agent of the owner the costs of
any care, handling, remedial action, or disposal
incurred by the Secretary in connection with
the remedial action, destruction or removal.
SEC. 5. EXPORTATION.
(a) IN GENERAL.—The Secretary may prohibit or re-
strict the—
(1) exportation of any animal, article, or means
of conveyance if the Secretary determines that the
prohibition or restriction is necessary to prevent the
dissemination from or within the United States of
any disease or pest of livestock;
(2) exportation of any livestock if the Secretary
determines that the livestock is unfit to be moved;
(3) use of any means of conveyance or facility
in connection with the exportation of any animal or
article if the Secretary determines that the prohibi-
tion or restriction is necessary to prevent the dis-
semination from or within the United States of any
disease or pest of livestock; and
(4) use of any means of conveyance in connec-
tion with the exportation of livestock if the Secretary
determines that the prohibition or restriction is nec-
essary because the means of conveyance has not
been maintained in a clean and sanitary condition or
does not have accommodations for the safe and
proper movement and humane treatment of live-
stock.
(b) REQUIREMENTS OF OWNERS.—
(1) ORDERS
TO
DISINFECT.—The Secretary
may require the disinfection of a means of convey-
ance used in connection with the exportation of ani-
mals, and all attendants and their clothing, and of
all headropes and other articles used in such expor-
tation.
(2) FAILURE TO COMPLY WITH ORDERS.—If an
owner or agent of the owner fails to comply with an
order of the Secretary under this section, the Sec-
retary may take remedial actions or dispose of the
animal, article, or means of conveyance as author-
ized under paragraph (1) and recover from the
owner or agent of the owner the costs of any care,
handling, remedial action, or disposal incurred by
the Secretary in connection with the remedial action
or destruction.
(c) CERTIFICATION.—The Secretary may certify as
to the class, quality, quantity, condition, processing, han-
dling, or storage of any animal or article intended for ex-
port.
SEC. 6. INTERSTATE MOVEMENT.
The Secretary may prohibit or restrict the—
(1) movement in interstate commerce of any
animal, article, or means of conveyance if the Sec-
retary determines that the prohibition or restriction
is necessary to prevent the introduction or dissemi-
nation of any disease or pest of livestock; and
(2) use of any means of conveyance or facility
in connection with the movement in interstate com-
merce of any animal or article if the Secretary deter-
mines that the prohibition or restriction is necessary
to prevent the introduction or dissemination of any
disease or pest of livestock.
SEC. 7. SEIZURE, QUARANTINE, AND DISPOSAL.
(a) IN GENERAL.—The Secretary may hold, seize,
quarantine, treat, apply other remedial actions to, destroy
or otherwise dispose of—
(1) any animal or progeny of any animal, arti-
cle, or means of conveyance that is moving or has
been moved in interstate commerce or has been im-
ported and entered and that the Secretary has rea-
son to believe may carry, may have carried, may
have been affected with or exposed to any pest or
disease of livestock at the time of movement or
which is otherwise in violation of this Act;
(2) any animal or progeny of any animal, arti-
cle, or means of conveyance that is moving or is
being handled or has moved or has been handled in
interstate commerce in violation of this Act;
(3) any animal or progeny of any animal, arti-
cle, or means of conveyance that has been imported
and is moving or is being handled or has moved or
has been handled in violation of this Act; and
(4) any animal or progeny of any animal, arti-
cle, or means of conveyance that the Secretary finds
is not being maintained or has not been maintained
in accordance with any post-import quarantine, post-
import condition, post-movement quarantine, or
post-movement condition in accordance with this
Act.
(b) EXTRAORDINARY EMERGENCY.—
(1) IN GENERAL.—If the Secretary determines
that an extraordinary emergency exists because of
the presence in the United States of a disease or
pest of livestock and that the presence of the disease
retary’s findings, the action the Secretary intends to
take, and the reasons for the intended action. If it
is not possible to file for publication in the Federal
Register prior to taking action, the filing shall be
made within a reasonable time, not to exceed 10
business days, after commencement of the action.
(c) DISPOSAL, REQUIREMENT TO TAKE REMEDIAL
ACTIONS, AND QUARANTINE REQUIREMENTS.—The Sec-
retary, in writing, may order the owner of any animal, ar-
ticle, facility, or means of conveyance referred to in sub-
section (a) or (b), or the agent of the owner, to maintain
in quarantine, take remedial actions, or dispose of the ani-
mal, article, facility, or means of conveyance in any man-
ner as the Secretary may direct. If the owner or agent
of the owner fails to comply with the Secretary’s order,
the Secretary may seize, quarantine, take other remedial
actions, or dispose of the animal, article, facility, or means
of conveyance as authorized by subsection (a) or (b) and
recover from the owner, or agent of the owner, the costs
of any care, handling, remedial actions, and disposal in-
curred by the Secretary in connection with the seizure,
quarantine, remedial action, or disposal.
(d) COMPENSATION.—
(1) IN
GENERAL.—The Secretary shall com-
pensate the owner of any animal, article, facility, or
means of conveyance which the Secretary requires to
be destroyed pursuant to this section.
(2) LEVEL.—
(A) IN GENERAL.—The compensation shall
be based upon the fair market value as deter-
mined by the Secretary of the animal, article,
facility, or means of conveyance.
(B) LIMITATION.—Compensation paid any
owner under this subsection shall not exceed the
difference between any compensation received
by the owner from a State or other source and
the fair market value of the animal, article, fa-
cility, or means of conveyance.
(C) 
REVIEWABILITY
OF
DETERMINA-
TION.—The determination by the Secretary of
the amount to be paid under this subsection
shall be final and shall not be subject to judicial
review.
(3) EXCEPTIONS.—No payment shall be made
by the Secretary under this subsection for—
(A) any animal, article, facility, or means
of conveyance that has been moved or handled
by the owner or the owner’s agent, in violation
of an agreement for the control and eradication
of diseases or pests or in violation of this Act.
(B) any progeny of any animal or article,
which animal or article has been moved or han-
dled by the owner of the animal or article, or
the owner’s agent, in violation of this Act;
(C) any animal, article, or means of con-
veyance that is refused entry under this Act; or
(D) any animal, article, facility, or means
of conveyance that becomes or has become af-
fected with or exposed to any disease or pest of
livestock because of a violation of an agreement
for the control and eradication of diseases or
pests or a violation of this Act by the owner or
the owner’s agent.
SEC. 8. INSPECTIONS, SEIZURES, AND WARRANTS.
(a) ROLE OF ATTORNEY GENERAL.—The activities
authorized by this section shall be carried out consistent
with guidelines approved by the Attorney General.
(b) WARRANTLESS INSPECTIONS.—The Secretary
may stop and inspect, without a warrant, any person or
means of conveyance moving—
(1) into the United States to determine whether
the person or means of conveyance is carrying any
animal or article regulated under this Act or is mov-
ing subject to this Act;
(2) in interstate commerce upon probable cause
to believe that the person or means of conveyance is
carrying any animal or article, regulated under this
Act or is moving subject to this Act; and
(3) in intrastate commerce from any State, por-
tion of a State, or premises quarantined under sec-
tion 7(b) upon probable cause to believe that the
person or means of conveyance is carrying any ani-
mal or article regulated under section 7(b).
(c) INSPECTIONS WITH A WARRANT.—
(1) GENERAL AUTHORITY.—The Secretary may
enter, with a warrant, any premises in the United
States for the purpose of making inspections and
seizures under this Act.
(2) APPLICATION
AND
ISSUANCE
OF
A
WAR-
RANT.—Upon proper oath or affirmation showing
probable cause to believe that there is on certain
premises any animal, article, facility, or means of
conveyance regulated under this Act, a United
States judge, a judge of a court of record in the
United States, or a United States magistrate judge
may, within the judge’s or magistrate’s jurisdiction,
issue a warrant for the entry upon the premises to
make any inspection or seizures under this Act. The
warrant may be applied for and executed by the Sec-
retary or any United States marshal.
SEC. 9. DETECTION, CONTROL, AND ERADICATION OF DIS-
EASES AND PESTS.
(a) IN GENERAL.—The Secretary may carry out op-
erations and measures to detect, control, and eradicate
any disease or pest of livestock (including the drawing of
blood and diagnostic testing of animals, including animals
at slaughterhouses, stockyards, and other points of con-
centration).
(b) COMPENSATION.—The Secretary may pay claims
growing out of the destruction of any animal, article,
means of conveyance consistent with the purposes of this
Act.
SEC. 10. VETERINARY ACCREDITATION PROGRAM.
The Secretary may establish a veterinary accredita-
tion program consistent with the purposes of this Act, in-
cluding the establishment of standards of conduct for ac-
credited veterinarians.
SEC. 11. COOPERATION.
(a) IN GENERAL.—The Secretary may cooperate with
other Federal agencies, States, or political subdivisions of
States, national governments, local governments of other
nations, domestic or international organizations, domestic
or international associations, and other persons to carry
out the purposes of this Act.
(b) RESPONSIBILITY.—The person or other entity co-
operating with the Secretary shall be responsible for the
authority necessary to carry out the operations or meas-
ures on all lands and properties within the foreign country
or State, other than those owned or controlled by the
United States, and for other facilities and means as the
Secretary determines necessary.
(c) USE OF FUNDS.—In addition to the purposes
specified in this section, funds appropriated pursuant to
this section may be used for printing and binding without
regard to section 501 of title 44, United States Code, for
the employment of civilian nationals of countries involved,
and for the construction and operation of research labora-
tories, quarantine stations, and other buildings and facili-
ties for special purposes.
(d) SCREWWORMS.—
(1) IN
GENERAL.—The Secretary may inde-
pendently or in cooperation with national govern-
ments of other nations, international organizations,
or international associations produce and sell sterile
screwworms to any national government of other na-
tions, international organization, or international as-
sociation, if the Secretary determines that the live-
stock industry and related industries of the United
States will not be adversely affected by the produc-
tion and sale.
(2) PROCEEDS.—If the Secretary independently
produces and sells sterile screwworms in accordance
with paragraph (1), the proceeds of the sale shall be
deposited into the Treasury of the United States and
be credited to the appropriation from which the op-
erating expenses of the facility producing the sterile
screwworm have been paid. If the Secretary cooper-
ates to produce and sell sterile screwworms in ac-
cordance with paragraph (1), the proceeds of the
sale shall be divided between the United States and
the national government, international organization,
or international association with which the Secretary
cooperates, as determined by the Secretary. The
United States portion of the proceeds shall be depos-
ited into the Treasury of the United States and be
credited to the appropriation from which the oper-
ating expenses of the facility producing the sterile
screwworm have been paid.
(e) COOPERATION IN PROGRAM ADMINISTRATION.—
The Secretary may cooperate with State authorities or
other persons in the administration of regulations for the
improvement of livestock and their products.
(f) CONSULTATION WITH OTHER FEDERAL AGEN-
CIES.—The Secretary shall consult with the appropriate
Secretary or head of another Federal agency with respect
to any activity that is subject to regulation by that Federal
agency. The Department of Agriculture shall be the lead
agency with respect to issues related to diseases and pests
of livestock.
SEC. 12. 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 lo-
cations outside the United States for movement into the
United States.
(b) FUNDS
COLLECTED
FOR
PRECLEARANCE.—
Funds collected for preclearance shall be credited to ac-
counts which may be established by the Secretary for this
purpose and shall remain available until expended for the
preclearance activities without fiscal year limitation.
(c) PAYMENT OF EMPLOYEES.—
(1) IN GENERAL.—Notwithstanding any other
law, the Secretary may pay employees of the United
States Department of Agriculture performing serv-
ices relating to imports into and exports from the
United States, for all overtime, night, or holiday
work performed by them at rates of pay established
by the Secretary.
(2) REIMBURSEMENT.—
(A) IN GENERAL.—The Secretary may re-
quire persons for whom the services are per-
formed to reimburse the Secretary for any sums
of money paid by the Secretary for the services
pursuant to this subsection.
(B) USE OF FUNDS.—All funds collected
under this subsection shall be credited to the
account that incurs the costs and shall remain
available until expended without fiscal year lim-
itation.
(d) LATE PAYMENT PENALTIES.—
(1) COLLECTION.—Upon failure to reimburse
the Secretary in accordance with this section, the
Secretary may assess a late payment penalty, and
the overdue funds shall accrue interest, as required
by section 3717 of title 31, United States Code.
(2) USE OF FUNDS.—Any late payment penalty
and any accrued interest shall be credited to the ac-
count that incurs the costs and shall remain avail-
able until expended without fiscal year limitation.
SEC. 13. BUILDINGS, LAND, PEOPLE, AGREEMENTS, AND
CLAIMS.
(a) IN GENERAL.—The Secretary may acquire and
maintain all real or personal property for special purposes
and employ any persons, make grants, and enter into any
contracts, cooperative agreements, memoranda of under-
standing, or other agreements necessary for carrying out
this Act.
(b) TORT CLAIMS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary may pay tort claims, in the
manner authorized in the first paragraph of section
2672 of title 28, United States Code, when the
claims arise outside the United States in connection
with activities authorized under this Act.
(2) REQUIREMENTS OF A CLAIM.—A claim may
not be allowed under this subsection unless it is pre-
sented in writing to the Secretary within two years
after the claim accrues.
SEC. 14. PENALTIES FOR VIOLATION.
(a) CRIMINAL PENALTIES.—Any person who know-
ingly violates this Act, or who knowingly forges, counter-
feits, or, without authority from the Secretary, uses, al-
ters, defaces, or destroys any certificate, permit, or other
document provided for in this Act shall be guilty of a mis-
demeanor, and, upon conviction, shall be fined in accord-
ance with the provisions of title 18, United States Code,
imprisoned for a period not exceeding one year, or fined
and imprisoned.
(b) CIVIL PENALTY.—
(1) IN GENERAL.—Any person who violates this
Act, or who forges, counterfeits, or, without author-
ity from the Secretary, uses, alters, defaces, or de-
stroys any certificate, permit, or other document
provided for in this Act may, after notice and oppor-
tunity for a hearing on the record, be assessed a
civil penalty by the Secretary—
(A) $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
Act by an individual moving regulated articles
not for monetary gain), $250,000 in the case of
any other person for each violation, and
$500,000 for all violations adjudicated in a sin-
gle proceeding; or
(B) twice the gross gain or gross loss for
any violation or forgery, counterfeiting, or un-
authorized use, defacing or destruction of a cer-
tificate, permit, or other document provided for
in this Act that results in the person deriving
pecuniary gain or causing pecuniary loss to an-
other.
(2) FACTORS
IN
DETERMINING
CIVIL
PEN-
ALTY.—In determining the amount of a civil penalty,
the Secretary shall take into account the nature, cir-
cumstance, extent, and gravity of the violation or
violations and the Secretary may consider, with re-
spect to the violator, ability to pay, effect on ability
to continue to do business, any history of prior viola-
tions, the degree of culpability, and any other factors
the Secretary deems appropriate.
(3) SETTLEMENT OF CIVIL PENALTIES.—The
Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty that may be as-
sessed under this subsection.
(4) FINALITY OF ORDERS.—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. The validity of the Sec-
retary’s order may not be reviewed in an action to
collect the civil penalty. Any civil penalty not paid in
full when due under an order assessing the civil pen-
alty shall thereafter accrue interest until paid at the
rate of interest applicable to civil judgments of the
courts of the United States.
(c) SUSPENSION OR REVOCATION OF ACCREDITA-
TION.—
(1) IN
GENERAL.—The Secretary may, after
notice and opportunity for a hearing on the record,
suspend or revoke the accreditation of any veteri-
narian accredited under this Act who violates this
Act. The order of the Secretary suspending or revok-
ing accreditation shall be treated as a final order re-
viewable under chapter 158 of title 28, United
States Code.
(2) SUMMARY SUSPENSION.—
(A) IN GENERAL.—Notwithstanding para-
graph (1), the Secretary may summarily sus-
pend the accreditation of a veterinarian, whom
the Secretary has reason to believe has violated
a provision of this Act.
(B) HEARING.—The Secretary shall pro-
vide the accredited veterinarian with a subse-
quent notice and an opportunity for a prompt
post-suspension hearing on the record.
(d) LIABILITY FOR ACTS OF AN AGENT.—When con-
struing and enforcing this Act, the act, omission, or failure
of any officer, agent, or person acting for or employed by
any other person within the scope of his or her employ-
ment or office, shall be deemed also to be the act, omis-
sion, or failure of the other person.
(e) GUIDELINES FOR CIVIL PENALTIES.—The Sec-
retary shall coordinate with the Attorney General to estab-
lish 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 Act.
SEC. 15. ENFORCEMENT.
(a) COLLECTION OF INFORMATION.—
(1) IN GENERAL.—The Secretary may gather
and compile information and conduct any inspec-
tions or investigations the Secretary considers nec-
essary for the administration or enforcement of this
Act.
(2) SUBPOENAS.—
(A) IN
GENERAL.—The Secretary shall
have power to subpoena the attendance and tes-
timony of any witness, and the production of all
documentary evidence relating to the adminis-
tration or enforcement of this Act or any mat-
ter under investigation in connection with this
Act.
(B) LOCATION OF PRODUCTION.—The at-
tendance of any witness and production of doc-
umentary evidence relevant to the inquiry may
be required from any place in the United
States.
(C) ENFORCEMENT
OF
SUBPOENA.—In
case of disobedience to a subpoena by any per-
son, the Secretary may request the Attorney
General to invoke the aid of any court of the
United States within the jurisdiction in which
the investigation is conducted, or where the per-
son resides, is found, transacts business, is li-
censed to do business, or is incorporated in re-
quiring the attendance and testimony of any
witness and the production of documentary evi-
dence. 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. Any failure
to obey the court’s order may be punished by
the court as contempt of the court.
(D) 
COMPENSATION.—Witnesses 
sum-
moned by the Secretary shall be paid the same
fees and mileage that are paid to witnesses in
courts of the United States, and witnesses
whose depositions are taken and the persons
taking the depositions shall be entitled to the
same fees that are paid for similar services in
the courts of the United States.
(E) PROCEDURES.—The Secretary shall
publish procedures for the issuance of sub-
poenas under this section. Such procedures
shall include a requirement that subpoenas be
reviewed for legal sufficiency and signed by the
Secretary. If the authority to sign a subpoena
is delegated to an agency other than the Office
of Administrative Law Judges, the agency re-
ceiving the delegation shall seek review for legal
sufficiency outside that agency.
(b) AUTHORITY OF THE ATTORNEY GENERAL.—The
Attorney General may—
(1) prosecute, in the name of the United States,
all criminal violations of this Act 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 Act, or to enjoin any
interference by any person with the Secretary in car-
rying out this Act, whenever the Secretary has rea-
son to believe that the person has violated, or is
about to violate this Act, or has interfered, or is
about to interfere, with the Secretary; and
(3) bring an action for the recovery of any un-
paid civil penalty, funds under reimbursable agree-
ments, late payment penalty, or interest assessed
under this Act.
(c) COURT JURISDICTION.—
(1) IN GENERAL.—The United States district
courts, the District Court of Guam, 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
jurisdiction in all cases arising under this Act. Any
action arising under this Act 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 viola-
tion, interference, impending violation, impending in-
terference, or failure to pay resides, is found, trans-
acts business, is licensed to do business, or is incor-
porated.
(2) EXCEPTION.—Paragraph (1) does not apply
to subsections (b) and (c) of section 14.
SEC. 16. APPROPRIATIONS AND TRANSFER AUTHORITY.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums of money as
may be necessary to carry out this Act.
(b) AUTHORITY TO TRANSFER CERTAIN FUNDS.—
The Secretary may, in connection with an emergency in
which a disease or pest of livestock threatens any segment
of the agricultural production of the United States, trans-
fer from other appropriations or funds available to the
agencies or corporations of the Department of Agriculture
any sum of money as the Secretary may deem necessary
to be available in the emergency for the arrest, control,
eradication, and prevention of the spread of the disease
or pest of livestock and for related expenses. Any funds
transferred under this section shall remain available for
such purposes without fiscal year limitation.
SEC. 17. REGULATIONS AND ORDERS.
The Secretary may issue any regulations or orders
as the Secretary deems necessary to carry out this Act.
SEC. 18. SEVERABILITY.
If any provision of this Act or application of any pro-
vision of this Act to any person or circumstance is held
invalid, the remainder of this Act and the application of
the provision to other persons and circumstances shall not
be affected by the invalidity.
SEC. 19. REPEALS AND CONFORMING AMENDMENTS.
(a) REPEALS.—The following provisions of law are
hereby repealed:
(1) Section 101(b) of the Department of Agri-
culture Organic Act of 1944 (7 U.S.C. 429).
(2) The Act of August 28, 1950 (Chap. 815, 64
Stat. 561, 7 U.S.C. 2260), ‘‘An Act to enable the
Secretary of Agriculture to furnish, upon a reim-
bursable basis, certain inspection services involving
overtime work’’.
(3) Section 919 of the Federal Agriculture Im-
provement and Reform Act of 1996 (7 U.S.C.
2260a).
(4) Section 306 of the Tariff Act of 1930 (19
U.S.C. 1306).
(5) Sections 6 through 8 and 10 of the Act of
August 30, 1890 (21 U.S.C. 102–105), ‘‘An act pro-
viding for an inspection of meats for exportation,
prohibiting the importation of adulterated articles of
food or drink, and authorizing the President to
make proclamation in certain cases, and for other
purposes’’.
(6) The Act of February 2, 1903 (21 U.S.C.
111, 120–122), ‘‘An Act to enable the Secretary of
Agriculture to more effectively suppress and prevent
the spread of contagious and infectious diseases of
livestock, and for other purposes’’.
(7) Sections 2 through 9, 11, and 13 of the Act
of May 29, 1884 (Chap. 60, 23 Stat. 32, 21 U.S.C.
112, 113, 114, 114a, 114a–1, 115–120, and 130).
(8) Sections 1, 2, 3, and 5 of the Act of Feb-
ruary 28, 1947 (21 U.S.C. 114b, 114c, 114d, and
114d–1), ‘‘An Act to authorize the Secretary of Ag-
riculture to cooperate with the Government of Mex-
ico in the control and elimination of foot and mouth
disease and rinderpest’’.
(9) The Act of June 16, 1948 (21 U.S.C. 114e
and 114f), ‘‘An Act authorizing additional research
and investigation into problems and methods relat-
ing to the eradication of cattle grubs, and for other
purposes’’.
(10) The Act of September 6, 1961 (21 U.S.C.
114g–114h), ‘‘An Act to provide for a national hog
cholera eradication program’’.
(11) Section 2506 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (21 U.S.C.
114i).
(12) The third and fourth provisos of the fourth
paragraph under the heading Bureau of Animal In-
dustry of the Act of May 31, 1920 (21 U.S.C. 116),
‘‘An Act making appropriations for the Department
of Agriculture for fiscal year ending June 30,
1921’’.
(13) Sections 1–4 and 6 of the Act of March
3, 1905 (21 U.S.C. 123–127).
(14) The first proviso under the heading ‘‘Gen-
eral Expenses, Bureau of Animal Industry’’ in the
Act of June 30, 1914 (21 U.S.C. 128), ‘‘An Act
making appropriations for the Department of Agri-
culture for the fiscal year ending June thirtieth,
nineteen hundred and fifteen’’.
(15) The fourth proviso in the paragraph under
the heading ‘‘Salaries and Expenses, Animal and
Plant Health Inspection Service’’ of the Department
of Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriation
Act, 1999 (21 U.S.C. 129).
(16) The third paragraph under the heading
‘‘Miscellaneous’’ of the Act of May 26, 1910 (21
U.S.C. 131), ‘‘An Act making appropriations for the
Department of Agriculture for the fiscal year ending
June thirtieth, nineteen hundred and eleven’’.
(17) Sections 1 through 6 and 11 through 13
of the Act of July 2, 1962 (21 U.S.C. 134–134h),
‘‘An Act to provide greater protection against the in-
troduction and dissemination of diseases of livestock
and poultry, and for other purposes’’.
(18) The Act of May 6, 1970 (Public Law. 91–
239, 84 Stat. 202, 21 U.S.C. 135–135b).
(19) Sections 12 through 14 of the Federal
Meat Inspection Act (21 U.S.C. 612–614);
(20) Sections 3901 and 3902 of title 46, United
States Code.
(21) The first section of Public Law 97–46 (7
U.S.C. 147b).
(b) CONFORMING AMENDMENTS.—
(1) FEDERAL MEAT INSPECTION ACT.—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 in-
serting ‘‘the carcasses and products of cattle, sheep,
swine, goats, horses, mules, and other equines’’. ––
(2) FOOD, AGRICULTURE, CONSERVATION, AND
TRADE ACT OF 1990.—Section 2509 of the Food, Ag-
riculture, Conservation, and Trade Act of 1990 (21
U.S.C. 136a) is amended—
(A) in subsection (c), by adding after para-
graph (1) the following:
‘‘(2) RECOVERY OF COSTS RELATED TO VET-
ERINARY
DIAGNOSTICS.—The Secretary of Agri-
culture is authorized to prescribe and collect fees to
recover the costs of carrying out the provisions of
the Animal Health Protection Act which relate to
veterinary diagnostics.’’; and
(B) in subsection (f)(1), by striking sub-
paragraphs (B) through (O) and inserting the
following:
‘‘(B) section 9 of the Act of August 30,
1890 (26 U.S.C. 101);
‘‘(C) the Animal Health Protection Act;
and
‘‘(D) any other Act administered by the
Secretary relating to plant or animal diseases
or pests.’’.
(c) EFFECT ON REGULATIONS.—Regulations issued
under the authority of a provision of law repealed by this
section shall remain in effect until such time as the Sec-
retary issues a regulation under section 17 that supersedes
the earlier regulation.
Æ