| HR 2002 IH
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 following bill; which was referred
to the Committee on Agriculture, and in addition to the Committee on the
Judiciary, for a period to be subsequently 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 Representatives 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. 4. Restriction on importation
or entry.
Sec. 6. Interstate movement.
Sec. 7. Seizure, quarantine,
and disposal.
Sec. 8. Inspections, seizures,
and warrants.
Sec. 9. Detection, control,
and eradication of disease and pests.
Sec. 10. Veterinary accreditation
program.
Sec. 12. Reimbursable agreements.
Sec. 13. Buildings, land,
people, claims, and agreements.
Sec. 14. Penalties for violations.
Sec. 16. Appropriations
and transfer authority.
Sec. 17. Regulations and
orders.
SEC. 2. FINDINGS.
The Congress makes the following
findings:
(1) The prevention, detection,
control, and eradication of diseases and pests of animals are essential
to protect animal health and the health and welfare of the people of the
United States, the economic interests of the United States livestock and
related industries, the environment of the United States, and interstate
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 Act.
(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 which constitutes a threat
to the livestock of the United States.
(5) All animals and articles
regulated under this Act are in or affect interstate commerce or foreign
commerce, and regulation by the Secretary and cooperation by the Secretary
with other nations, States or other jurisdictions, or persons are necessary
to prevent and eliminate burdens on interstate commerce and foreign commerce,
to regulate effectively interstate commerce and foreign commerce, and to
protect the agriculture, the environment, the economy, and the health and
welfare of the people of the United States.
SEC. 3. DEFINITIONS.
(1) ANIMAL- The term `animal'
means any member of the animal kingdom (except humans).
(2) ARTICLE- The term `article'
means any pest or disease or any material or tangible object that could
harbor pests or diseases.
(3) DISEASE- The term `disease'
means any infectious or non-infectious disease or condition affecting the
health of livestock or any condition detrimental to production of livestock.
(4) ENTER AND ENTRY- The
terms `enter' and `entry' mean to move into, or the act of movement 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 `interstate 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 carrying, 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, import, 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:
(F) An infectious agent
or other pathogen.
(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 Commonwealth
of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District
of Columbia, 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 section, 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 restrict the--
(1) importation or entry
of any animal, article, or means of conveyance or use of any means of conveyance
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 determines
that the prohibition or restriction is necessary 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 connection with the importation or entry of livestock if
the Secretary determines that the prohibition or restriction 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 regulations 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 purposes of determining whether the
animal is or may be affected 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 conveyance that has been imported but has not entered the United
States if the Secretary determines that destruction or removal from the
United States is necessary to prevent the introduction or dissemination
of any disease or pest of livestock into or within the United States;
(B) any animal, article,
means of conveyance, 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 dissemination of any disease or pest of livestock into or within the
United States.
(2) REQUIREMENTS OF OWNERS-
(A) ORDERS TO DISINFECT-
The Secretary may require the disinfection of a means of conveyance used
in connection with the importation 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 comply 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 authorized 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 restrict 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 prohibition or restriction
is necessary to prevent the dissemination from or within the United States
of any disease or pest of livestock; and
(4) use of any means of
conveyance in connection with the exportation of livestock if the Secretary
determines that the prohibition or restriction 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 and humane
treatment of livestock.
(b) REQUIREMENTS OF OWNERS-
(1) ORDERS TO DISINFECT-
The Secretary may require the disinfection of a means of conveyance used
in connection with the exportation of animals, and all attendants and their
clothing, and of all headropes and other articles used in such exportation.
(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 Secretary may take remedial actions
or dispose of the animal, article, or means of conveyance as authorized
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,
handling, or storage of any animal or article intended for export.
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 Secretary
determines that the prohibition or restriction is necessary to prevent
the introduction or dissemination of any disease or pest of livestock;
and
(2) 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 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, article, or means of conveyance that is moving or has been
moved in interstate commerce or has been imported and entered and that
the Secretary has reason 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, article, 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, article, 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, article, 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 or pest threatens the livestock of the United States, the
Secretary may--
(A) hold, seize, treat,
apply other remedial actions to, destroy (including preventive slaughter),
or otherwise dispose of any animal, article, facility, or means of conveyance
if the Secretary determines such action is necessary to prevent the dissemination
of the disease or pest; and
(B) prohibit or restrict
the movement or use within a State, portion of a State, or premises of
any animal or article, means of conveyance, or facility if the Secretary
determines that the prohibition or restriction is necessary to prevent
the dissemination of the disease or pest.
(2) LIMITATION- The Secretary
may take action under this subsection only upon finding, after review and
consultation with the Governor or other appropriate official of the State,
that measures being taken by the State are inadequate to control and eradicate
the disease or pest. Before any action is taken in any State under this
subsection, the Secretary shall notify the Governor and animal health official,
issue a public announcement, and, except as provided in the following sentence,
file for publication in the Federal Register a statement of the Secretary'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 Secretary, in
writing, may order the owner of any animal, article, facility, or means
of conveyance referred to in subsection (a) or (b), or the agent of the
owner, to maintain in quarantine, take remedial actions, or dispose of
the animal, article, facility, or means of conveyance in any manner 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 incurred by the Secretary in connection with the
seizure, quarantine, remedial action, or disposal.
(1) IN GENERAL- The Secretary
shall compensate the owner of any animal, article, facility, or means of
conveyance which the Secretary requires to be destroyed pursuant to this
section.
(A) IN GENERAL- The compensation
shall be based upon the fair market value as determined 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, facility, or means of conveyance.
(C) REVIEWABILITY OF DETERMINATION-
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 handled 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 conveyance that is refused entry under this Act; or
(D) any animal, article,
facility, or means of conveyance that becomes or has become affected 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 moving 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, portion of a State, or premises quarantined under section
7(b) upon probable cause to believe that the person or means of conveyance
is carrying any animal 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 WARRANT- 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 Secretary or any United States marshal.
SEC. 9. DETECTION, CONTROL,
AND ERADICATION OF DISEASES AND PESTS.
(a) IN GENERAL- The Secretary
may carry out operations 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 concentration).
(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 accreditation program consistent with the purposes of this
Act, including the establishment of standards of conduct for accredited
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 cooperating with the Secretary shall be responsible
for the authority necessary to carry out the operations or measures 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 laboratories, quarantine stations, and other buildings and
facilities for special purposes.
(1) IN GENERAL- The Secretary
may independently or in cooperation with national governments of other
nations, international organizations, or international associations produce
and sell sterile screwworms to any national government of other nations,
international organization, or international association, if the Secretary
determines that the livestock industry and related industries of the United
States will not be adversely affected by the production 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
operating expenses of the facility producing the sterile screwworm have
been paid. If the Secretary cooperates to produce and sell sterile screwworms
in accordance 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 deposited
into the Treasury of the United States and be credited to the appropriation
from which the operating 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 AGENCIES- 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 locations outside the
United States for movement into the United States.
(b) FUNDS COLLECTED FOR
PRECLEARANCE- Funds collected for preclearance shall be credited to accounts
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 services 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.
(A) IN GENERAL- The Secretary
may require persons for whom the services are performed 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
limitation.
(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 account
that incurs the costs and shall remain available 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 understanding, or other agreements necessary for
carrying out this Act.
(1) IN GENERAL- Except as
provided in paragraph (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 presented
in writing to the Secretary within two years after the claim accrues.
SEC. 14. PENALTIES FOR VIOLATION.
(a) CRIMINAL PENALTIES-
Any person who knowingly violates this Act, or who knowingly forges, counterfeits,
or, without authority from the Secretary, uses, alters, defaces, or destroys
any certificate, permit, or other document provided for in this Act shall
be guilty of a misdemeanor, and, upon conviction, shall be fined in accordance
with the provisions of title 18, United States Code, imprisoned for a period
not exceeding one year, or fined and imprisoned.
(1) IN GENERAL- Any person
who violates this Act, or who forges, counterfeits, or, without authority
from the Secretary, uses, alters, defaces, or destroys any certificate,
permit, or other document provided for in this Act may, after notice and
opportunity 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 single proceeding; or
(B) twice the gross gain
or gross loss for any violation or forgery, counterfeiting, or unauthorized
use, defacing or destruction of a certificate, permit, or other document
provided for in this Act that results in the person deriving pecuniary
gain or causing pecuniary loss to another.
(2) FACTORS IN DETERMINING
CIVIL PENALTY- In determining the amount of a civil penalty, the Secretary
shall take into account the nature, circumstance, extent, and gravity of
the violation or violations and the Secretary may consider, with respect
to the violator, ability to pay, effect on ability to continue to do business,
any history of prior violations, 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 assessed 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 Secretary'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 penalty 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 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 Act
who violates this Act. 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.
(A) IN GENERAL- Notwithstanding
paragraph (1), the Secretary may summarily suspend the accreditation of
a veterinarian, whom the Secretary has reason to believe has violated a
provision of this Act.
(B) HEARING- The Secretary
shall provide the accredited veterinarian with a subsequent notice and
an opportunity for a prompt post-suspension hearing on the record.
(d) LIABILITY FOR ACTS OF
AN AGENT- When construing 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 employment or office, shall
be deemed also to be the act, omission, or failure of the other person.
(e) GUIDELINES FOR CIVIL
PENALTIES- The Secretary shall coordinate with the Attorney General to
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 Act.
SEC. 15. ENFORCEMENT.
(a) COLLECTION OF INFORMATION-
(1) IN GENERAL- The Secretary
may gather and compile information and conduct any inspections or investigations
the Secretary considers necessary for the administration or enforcement
of this Act.
(A) IN GENERAL- The Secretary
shall have power to subpoena the attendance and testimony of any witness,
and the production of all documentary evidence relating to the administration
or enforcement of this Act or any matter under investigation in connection
with this Act.
(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 OF SUBPOENA-
In case of disobedience to a subpoena 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 investigation is conducted,
or where the person resides, is found, transacts business, is licensed
to do business, or is incorporated in requiring the attendance and testimony
of any witness and the production of documentary evidence. 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
summoned 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 subpoenas 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 receiving 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 carrying out this Act,
whenever the Secretary has reason 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 unpaid civil penalty, funds under reimbursable agreements,
late payment penalty, or interest assessed under this Act.
(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 violation, interference, impending violation,
impending interference, or failure to pay resides, is found, transacts
business, is licensed to do business, or is incorporated.
(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, transfer 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 provision 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 Agriculture 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 reimbursable basis, certain inspection
services involving overtime work'.
(3) Section 919 of the Federal
Agriculture Improvement 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 providing
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 February 28, 1947 (21 U.S.C. 114b, 114c, 114d, and 114d-1),
`An Act to authorize the Secretary of Agriculture to cooperate with the
Government of Mexico 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 relating 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 Industry
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 `General 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 Agriculture 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 introduction 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 inserting `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, Agriculture, Conservation,
and Trade Act of 1990 (21 U.S.C. 136a) is amended--
(A) in subsection (c), by
adding after paragraph (1) the following:
`(2) RECOVERY OF COSTS RELATED
TO VETERINARY DIAGNOSTICS- The Secretary of Agriculture 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 subparagraphs (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 Secretary issues
a regulation under section 17 that supersedes the earlier regulation.
END
|