dreamproit/uscode huggingface dataset:
7 U.S.C. § 8301 (AGRICULTURE)
§ 8301. 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 chapter;
(3) the health of animals is affected by the methods by which animals and articles are transported in interstate commerce and foreign commerce;
(4) the Secretary must continue to conduct research on animal diseases and pests that constitute a threat to the livestock of the United States; and
(5)
(A) all animals and articles regulated under this chapter 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 commerce and foreign commerce;
(ii) to regulate effectively interstate commerce and foreign commerce; and
(iii) to protect the agriculture, environment, economy, and health and welfare of the people of the United States.
(Pub. L. 107–171, title X, § 10402, May 13, 2002, 116 Stat. 494.)
heading: References in Text
text: This chapter, referred to in pars. (2) and (5)(A), was in the original “this subtitle”, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out below and Tables.
heading: Short Title
text: Pub. L. 107–171, title X, § 10401, May 13, 2002, 116 Stat. 494, provided that: “This subtitle [subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, enacting this chapter, amending sections 7714 and 7733 of this title, section 1540 of Title 16, Conservation, and sections 136a and 618 of Title 21, Food and Drugs, and repealing sections 429, 2260, 2260a of this title, section 1306 of Title 19, Customs Duties, sections 102 to 105, 111, 112, 113, 114 to 114d–1, 114e to 114h, 115 to 131, 134 to 135b, 612 to 614 of Title 21, sections 3901 and 3902 of Title 46, Shipping, and provisions set out as a note under section 129a of Title 21] may be cited as the ‘Animal Health Protection Act’.”
heading: Transfer of Functions
text: For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
7 U.S.C. § 8305 (AGRICULTURE)
§ 8305. Interstate movement
The Secretary may prohibit or restrict—
(1) the movement in interstate commerce of any animal, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of any pest or disease of livestock; and
(2) the use of any means of conveyance or facility in connection with the movement in interstate commerce of any animal or article if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of any pest or disease of livestock.
(Pub. L. 107–171, title X, § 10406, May 13, 2002, 116 Stat. 498.)
7 U.S.C. § 8308 (AGRICULTURE)
§ 8308. 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 conveyance consistent with the purposes of this chapter.
(2) Specific cooperative programs
The Secretary shall compensate industry participants and State agencies that cooperate with the Secretary in carrying out operations and measures under subsection (a) for 100 percent of eligible costs relating to cooperative programs involving Federal, State, and industry participants to control diseases of low pathogenicity in accordance with regulations issued by the Secretary.
(3) Reviewability
The action of the Secretary in carrying out paragraph (1) shall not be subject to review by any officer or employee of the Federal Government other than the Secretary or the designee of the Secretary.
(Pub. L. 107–171, title X, § 10409, May 13, 2002, 116 Stat. 501; Pub. L. 110–234, title XI, § 11011(2), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11011(2), June 18, 2008, 122 Stat. 1664, 2122.)
heading: References in Text
text: This chapter, referred to in subsec. (b)(1), was in the original “this subtitle”, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables.
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Subsec. (b)(2), (3). Pub. L. 110–246, § 11011(2), added par. (2), redesignated former par. (2) as (3), and, in par. (3), struck out “of longer than 60 days” after “review”.
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
heading: Transfer of Functions
text: For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
7 U.S.C. § 8309 (AGRICULTURE)
§ 8309. Veterinary accreditation program
(a) In general
The Secretary may establish a veterinary accreditation program that is consistent with this chapter, including the establishment of standards of conduct for accredited veterinarians.
(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 1 who violates this chapter.
(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.
(3) Summary suspension
(A) In general
The Secretary may summarily suspend the accreditation of a veterinarian whom the Secretary has reason to believe knowingly violated this chapter.
(B) Hearings
The Secretary shall provide the veterinarian with a subsequent notice and an opportunity for a prompt post-suspension hearing on the record.
(d) Application of penalty provisions
The criminal and civil penalties described in section 8313 of this title shall not apply to a violation of this section that is not a violation of any other provision of this chapter.
(Pub. L. 107–171, title X, § 10410, May 13, 2002, 116 Stat. 501.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this subtitle”, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables.
This title, referred to in subsec. (c)(1), is title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 486. For complete classification of title X to the Code, see Tables.
heading: Transfer of Functions
text: For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
7 U.S.C. § 8311 (AGRICULTURE)
§ 8311. 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 Secretary may pay an officer or employee of the Department of Agriculture performing services under this chapter 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 subsection 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.
(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.
(Pub. L. 107–171, title X, § 10412, May 13, 2002, 116 Stat. 503.)
heading: References in Text
text: This chapter, referred to in subsec. (c)(1), was in the original “this subtitle”, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables.
heading: Transfer of Functions
text: For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
7 U.S.C. § 8312 (AGRICULTURE)
§ 8312. Administration and claims
(a) Administration
To carry out this chapter, the Secretary may—
(1) acquire and maintain real or personal property;
(2) employ a person;
(3) make a grant; and
(4) notwithstanding chapter 63 of title 31, enter into a contract, cooperative agreement, memorandum 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, if the claim arises outside the United States in connection with an activity authorized under this chapter.
(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.
(Pub. L. 107–171, title X, § 10413, May 13, 2002, 116 Stat. 503.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b)(1), was in the original “this subtitle”, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables.
heading: Transfer of Functions
text: For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
7 U.S.C. § 8315 (AGRICULTURE)
§ 8315. Regulations and orders
The Secretary may promulgate such regulations, and issue such orders, as the Secretary determines necessary to carry out this chapter.
(Pub. L. 107–171, title X, § 10416, May 13, 2002, 116 Stat. 507.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this subtitle”, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables.
heading: Transfer of Functions
text: For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
7 U.S.C. § 8316 (AGRICULTURE)
§ 8316. Authorization of appropriations
(a) In general
There are authorized to be appropriated such sums as are necessary to carry out this chapter.
(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 subsection 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 chapter) shall not be subject to review 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 chapter, the Secretary may use funds made available to carry out this chapter for—
(1) the employment of civilian nationals in foreign countries; and
(2) the construction and operation of research laboratories, quarantine stations, and other buildings and facilities for special purposes.
(Pub. L. 107–171, title X, § 10417, May 13, 2002, 116 Stat. 507; Pub. L. 110–234, title XI, § 11011(3), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11011(3), June 18, 2008, 122 Stat. 1664, 2122.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this subtitle”, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables.
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Subsec. (b)(3). Pub. L. 110–246, § 11011(3), struck out “of longer than 60 days” after “review”.
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
heading: Transfer of Functions
text: For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
7 U.S.C. § 8317 (AGRICULTURE)
§ 8317. 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 8303(b) or 8315 of this title that supersedes the earlier regulation.
(Pub. L. 107–171, title X, § 10418(c), May 13, 2002, 116 Stat. 509.)
heading: References in Text
text: Subsection (a), referred to in text, means section 10418(a) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 507, which repealed sections 429, 2260, and 2260a of this title, section 1306 of Title 19, Customs Duties, sections 102 to 105, 111, 112, 113, 114 to 114d–1, 114e to 114h, 115 to 131, 134 to 135b, and 612 to 614 of Title 21, Food and Drugs, sections 3901 and 3902 of Title 46, Shipping, and provisions set out as a note under section 129a of Title 21.
heading: Transfer of Functions
text: For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
7 U.S.C. § 8318 (AGRICULTURE)
§ 8318. Veterinary training
The Secretary of Agriculture may develop a program to maintain in all regions of the United States a sufficient number of Federal and State veterinarians who are well trained in recognition and diagnosis of exotic and endemic animal diseases.
(Pub. L. 107–171, title X, § 10504, May 13, 2002, 116 Stat. 510.)
heading: Codification
text: Section was not enacted as part of the Animal Health Protection Act which comprises this chapter.
7 U.S.C. § 8319 (AGRICULTURE)
§ 8319. Surveillance of zoonotic diseases
The Secretary of Health and Human Services, through the Commissioner of Food and Drugs and the Director of the Centers for Disease Control and Prevention, and the Secretary of Agriculture shall coordinate the surveillance of zoonotic diseases.
(Pub. L. 107–188, title III, § 313, June 12, 2002, 116 Stat. 674.)
heading: Codification
text: Section was enacted as part of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, and not as part of the Animal Health Protection Act which comprises this chapter.
7 U.S.C. § 8320 (AGRICULTURE)
§ 8320. Expansion of Animal and Plant Health Inspection Service activities
(a) In general
The Secretary of Agriculture (referred to in this section as the “Secretary”) may utilize existing authorities to give high priority to enhancing and expanding the capacity of the Animal and Plant Health Inspection Service to conduct activities to—
(1) increase the inspection capacity of the Service at international points of origin;
(2) improve surveillance at ports of entry and customs;
(3) enhance methods of protecting against the introduction of plant and animal disease organisms by terrorists;
(4) develop new and improve existing strategies and technologies for dealing with intentional outbreaks of plant and animal disease arising from acts of terrorism or from unintentional introduction, including—
(A) establishing cooperative agreements among Veterinary Services of the Animal and Plant Health Inspection Service, State animal health commissions and regulatory agencies for livestock and poultry health, and private veterinary practitioners to enhance the preparedness and ability of Veterinary Services and the commissions and agencies to respond to outbreaks of such animal diseases; and
(B) strengthening planning and coordination with State and local agencies, including—
(i) State animal health commissions and regulatory agencies for livestock and poultry health; and
(ii) State agriculture departments; and
(5) otherwise improve the capacity of the Service to protect against the threat of bioterrorism.
(b) Automated recordkeeping system
The Administrator of the Animal and Plant Health Inspection Service may implement a central automated recordkeeping system to provide for the reliable tracking of the status of animal and plant shipments, including those shipments on hold at ports of entry and customs. The Secretary shall ensure that such a system shall be fully accessible to or fully integrated with the Food Safety Inspection Service.
(c) Authorization of appropriations
There is authorized to be appropriated to carry out this section, $30,000,000 for fiscal year 2002, and such sums as may be necessary for each subsequent fiscal year.
(Pub. L. 107–188, title III, § 331, June 12, 2002, 116 Stat. 678.)
heading: Codification
text: Section was enacted as part of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, and not as part of the Animal Health Protection Act which comprises this chapter.