| S 1482 IS
107th CONGRESS
1st Session
S. 1482
To consolidate and
revise the authority of the Secretary of Agriculture relating to protection
of animal health.
IN THE SENATE OF THE UNITED
STATES
October 2, 2001
Mr. HARKIN (for himself, Mr.
LUGAR, Mr. HATCH, Mr. DAYTON, Mr. AKAKA, Mr. JOHNSON, Mr. ALLARD, Mr. CRAPO,
Mr. CRAIG, Mrs. LINCOLN, Mr. HELMS, and Mr. NELSON of Nebraska) introduced
the following bill; which was read twice and referred to the Committee
on Agriculture, Nutrition, and Forestry
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; 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 of this Act is as follows:
Sec. 1. Short title; 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 diseases and pests.
Sec. 10. Veterinary accreditation
program.
Sec. 12. Reimbursable agreements.
Sec. 13. Administration
and claims.
Sec. 16. Regulations and
orders.
Sec. 17. Authorization of
appropriations.
Sec. 18. Repeals and conforming
amendments.
SEC. 2. FINDINGS.
(1) the prevention, detection,
control, and eradication of diseases and pests of animals are essential
to protect--
(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 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 that constitute a threat
to the livestock of the United States; and
(5)(A) all animals and articles
regulated under this Act 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.
SEC. 3. DEFINITIONS.
(1) ANIMAL- The term `animal'
means any member of the animal kingdom (except a human).
(2) ARTICLE- The term `article'
means any pest or disease or any material or tangible object that could
harbor a pest or disease.
(3) DISEASE- The term `disease'
means--
(A) any infectious or noninfectious
disease or condition affecting the health of livestock; or
(B) any condition detrimental
to production of livestock.
(4) ENTER- The term `enter'
means to move into the commerce of the United States.
(5) EXPORT- The term `export'
means to move from a place within the territorial limits of the United
States to a place outside the territorial limits of the United States.
(6) FACILITY- The term `facility'
means any structure.
(7) IMPORT- The term `import'
means to move from a place outside the territorial limits of the United
States to a place within the territorial limits of the United States.
(8) INDIAN TRIBE- The term
`Indian tribe' has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(9) INTERSTATE COMMERCE-
The term `interstate commerce' means trade, traffic, or other commerce--
(A) between a place in a
State and a place in another State, or between places within the same State
but through any place outside that State; or
(B) within the District
of Columbia or any 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- The term `move'
means--
(A) to carry, enter, import,
mail, ship, or transport;
(B) to aid, abet, cause,
or induce 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 described in this paragraph.
(13) 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.
(L) Any organism similar
to or allied with any of the organisms described in this paragraph.
(14) SECRETARY- The term
`Secretary' means the Secretary of Agriculture.
(15) STATE- The term `State'
means any of the States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the
Virgin Islands of the United States, or any territory or possession of
the United States.
(16) 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.
(17) 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--
(1) the 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) the 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 into or dissemination within the United States of any
pest or disease of livestock; and
(3) the 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 promulgate regulations requiring that any animal imported or entered
be raised or handled under post-importation quarantine conditions by or
under the supervision of the Secretary for the purpose of determining whether
the animal is or may be affected by any pest or disease of livestock.
(c) DESTRUCTION OR REMOVAL-
(1) IN GENERAL- The Secretary
may order the destruction or 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 into or dissemination
within the United States of any pest or disease of livestock;
(B) any animal or progeny
of any animal, article, or means of conveyance that has been imported or
entered in violation of this Act; or
(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
into or dissemination within the United States of any pest or disease of
livestock.
(2) REQUIREMENTS OF OWNERS-
(A) ORDERS TO DISINFECT-
The Secretary may require the disinfection of--
(i) a means of conveyance
used in connection with the importation of an animal;
(ii) an individual involved
in the importation of an animal and personal articles of the individual;
and
(iii) any article used in
the importation of an animal.
(B) FAILURE TO COMPLY WITH
ORDERS- If an owner fails to comply with an order of the Secretary under
this section, the Secretary may--
(i) take remedial action,
destroy, or remove from the United States the animal or progeny of any
animal, article, or means of conveyance as authorized under paragraph (1);
and
(ii) recover from the owner
the costs of any care, handling, disposal, or other action 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--
(1) the 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 pest or disease of livestock;
(2) the exportation of any
livestock if the Secretary determines that the livestock is unfit to be
moved;
(3) the 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 pest or disease of livestock; or
(4) the 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) a means of conveyance
used in connection with the exportation of an animal;
(B) an individual involved
in the exportation of an animal and personal articles of the individual;
and
(C) any article used in
the exportation of an animal.
(2) FAILURE TO COMPLY WITH
ORDERS- If an owner fails to comply with an order of the Secretary under
this section, the Secretary may--
(A) take remedial action
with respect to the animal, article, or means of conveyance referred to
in paragraph (1); and
(B) recover from the owner
the costs of any care, handling, disposal, or other action incurred by
the Secretary in connection with the remedial action.
(c) CERTIFICATION- The Secretary
may certify the classification, 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--
(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.
SEC. 7. SEIZURE, QUARANTINE,
AND DISPOSAL.
(a) IN GENERAL- The Secretary
may hold, seize, quarantine, treat, destroy, dispose of, or take other
remedial action with respect to--
(1) any animal or progeny
of any animal, article, or means of conveyance that--
(A) is moving or has been
moved in interstate commerce or has been imported and entered; and
(B) the Secretary has reason
to believe may carry, may have carried, or may have been affected with
or exposed to any pest or disease of livestock at the time of movement
or that 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; or
(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-importation quarantine, post-importation condition, post-movement
quarantine, or post-movement condition in accordance with this Act.
(b) EXTRAORDINARY EMERGENCIES-
(1) IN GENERAL- Subject
to paragraph (2), if the Secretary determines that an extraordinary emergency
exists because of the presence in the United States of a pest or disease
of livestock and that the presence of the pest or disease threatens the
livestock of the United States, the Secretary may--
(A) hold, seize, treat,
apply other remedial actions to, destroy (including preventative slaughter),
or otherwise dispose of, any animal, article, facility, or means of conveyance
if the Secretary determines the action is necessary to prevent the dissemination
of the pest or disease; and
(B) prohibit or restrict
the movement or use within a State, or any portion of a State 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 pest or disease.
(A) IN GENERAL- The Secretary
may take action in a State under this subsection only on finding that measures
being taken by the State are inadequate to control or eradicate the pest
or disease, after review and consultation with--
`(i) the Governor or an
appropriate animal health official of the State; or
`(ii) in the case of any
animal, article, facility, or means of conveyance under the jurisdiction
of an Indian tribe, the head of the Indian tribe.
(B) NOTICE- Subject to subparagraph
(C), before any action is taken in a State under subparagraph (A), the
Secretary shall--
(i) notify the Governor,
an appropriate animal health official of the State, or head of the Indian
tribe of the proposed action;
(ii) issue a public announcement
of the proposed action; and
(iii) publish in the Federal
Register--
(I) the findings of the
Secretary;
(II) a description of the
proposed action; and
(III) a statement of the
reasons for the proposed action.
(C) NOTICE AFTER ACTION-
If it is not practicable to publish in the Federal Register the information
required under subparagraph (B)(iii) before taking action under subparagraph
(A), the Secretary shall publish the information as soon as practicable,
but not later than 10 business days, after commencement of the action.
(c) QUARANTINE, DISPOSAL,
OR OTHER REMEDIAL ACTION-
(1) IN GENERAL- The Secretary,
in writing, may order the owner of any animal, article, facility, or means
of conveyance referred to in subsection (a) or (b) to maintain in quarantine,
dispose of, or take other remedial action with respect to the animal, article,
facility, or means of conveyance, in a manner determined by the Secretary.
(2) FAILURE TO COMPLY WITH
ORDERS- If the owner fails to comply with the order of the Secretary, the
Secretary may--
(A) seize, quarantine, dispose
of, or take other remedial action with respect to the animal, article,
facility, or means of conveyance under subsection (a) or (b); and
(B) recover from the owner
the costs of any care, handling, disposal, or other remedial action incurred
by the Secretary in connection with the seizure, quarantine, disposal,
or other remedial action.
(1) IN GENERAL- Except as
provided in paragraph (3), the Secretary shall compensate the owner of
any animal, article, facility, or means of conveyance that the Secretary
requires to be destroyed under this section.
(A) IN GENERAL- Subject
to subparagraphs (B) and (C), the compensation shall be based on the fair
market value, as determined by the Secretary, of the destroyed animal,
article, facility, or means of conveyance.
(B) LIMITATION- Compensation
paid any owner under this subsection shall not exceed the difference between--
(i) the fair market value
of the destroyed animal, article, facility, or means of conveyance; and
(ii) any compensation received
by the owner from a State or other source for the destroyed 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 not 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 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 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 pest or disease 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.
SEC. 8. INSPECTIONS, SEIZURES,
AND WARRANTS.
(a) GUIDELINES- 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;
(2) in interstate commerce,
on probable cause to believe that the person or means of conveyance is
carrying any animal or article regulated under this Act; or
(3) in intrastate commerce
from any State, or any portion of a State, quarantined under section 7(b),
on probable cause to believe that the person or means of conveyance is
carrying any animal or article quarantined under section 7(b).
(c) INSPECTIONS WITH WARRANTS-
(1) IN GENERAL- The Secretary
may enter, with a warrant, any premises in the United States
for the purpose of making inspections
and seizures under this Act.
(2) APPLICATION AND ISSUANCE
OF WARRANTS-
(A) IN GENERAL- On proper
oath or affirmation showing probable cause to believe that there is on
certain premises any animal, article, facility, or means of 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 issue
a warrant for the entry on premises within the jurisdiction of the judge
or magistrate to make any inspection or seizure under this Act.
(B) EXECUTION- 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, 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- 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 Act.
SEC. 10. VETERINARY ACCREDITATION
PROGRAM.
(a) IN GENERAL- The Secretary
may establish a veterinary accreditation program that is consistent with
this Act, including the establishment of standards of conduct for accredited
veterinarians.
(b) CONSULTATION- The Secretary
shall consult with State animal health officials regarding the establishment
of the veterinary accreditation program.
SEC. 11. COOPERATION.
(a) IN GENERAL- To carry
out this Act, the Secretary may cooperate with other Federal agencies,
States or political subdivisions of States, national governments of foreign
countries, local governments of foreign countries, domestic or international
organizations, domestic or international associations, Indian tribes, and
other persons.
(b) RESPONSIBILITY- The
person or other entity cooperating with the Secretary shall be responsible
for the authority necessary to carry out operations or measures--
(1) on all land and property
within a foreign country or State, or under the jurisdiction of an Indian
tribe, other than on land and property owned or controlled by the United
States; and
(2) using other facilities
and means, as determined by the Secretary.
(1) IN GENERAL- The Secretary
may, independently or in cooperation with national governments of foreign
countries or international organizations or associations, produce and sell
sterile screwworms to any national government of a foreign country or international
organization or association, if the Secretary determines that the livestock
industry and related industries of the United States will not be adversely
affected by the production and sale.
(A) INDEPENDENT PRODUCTION
AND SALE- If the Secretary independently produces and sells sterile screwworms
under paragraph (1), the proceeds of the sale shall be--
(i) deposited into the Treasury
of the United States; and
(ii) credited to the account
from which the operating expenses of the facility producing the sterile
screwworms have been paid.
(B) COOPERATIVE PRODUCTION
AND SALE-
(i) IN GENERAL- If the Secretary
cooperates to produce and sell sterile screwworms under paragraph (1),
the proceeds of the sale shall be divided between the United States and
the cooperating national government or international organization or association
in a manner determined by the Secretary.
(ii) ACCOUNT- The United
States portion of the proceeds shall be--
(I) deposited into the Treasury
of the United States; and
(II) credited to the account
from which the operating expenses of the facility producing the sterile
screwworms have been paid.
(d) COOPERATION IN PROGRAM
ADMINISTRATION- The Secretary may cooperate with State authorities, Indian
tribe authorities, or other persons in the administration of regulations
for the improvement of livestock and livestock products.
(e) CONSULTATION WITH OTHER
FEDERAL AGENCIES-
(1) IN GENERAL- The Secretary
shall consult with the head of a Federal agency with respect to any activity
that is under the jurisdiction of the Federal agency.
(2) LEAD AGENCY- The Department
of Agriculture shall be the lead agency with respect to issues related
to pests and diseases 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 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 Act 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.
(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, United
States Code.
(2) USE OF FUNDS- Any late
payment penalty and any accrued interest shall--
(A) be credited to the account
that incurs the costs; and
(B) remain available until
expended, without fiscal year limitation.
SEC. 13. ADMINISTRATION AND
CLAIMS.
(a) ADMINISTRATION- To carry
out this Act, the Secretary may--
(1) acquire and maintain
real or personal property;
(4) notwithstanding chapter
63 of title 31, United States Code, enter into a contract, cooperative
agreement, memorandum of understanding, or other agreement.
(1) IN GENERAL- Except as
provided in paragraph (2), the Secretary may pay a tort claim, in the manner
authorized by the first paragraph of section 2672 of title 28, United States
Code, if the claim arises outside the United States in connection with
an activity authorized under this Act.
(2) REQUIREMENTS- A claim
may not be allowed under this subsection unless the claim is presented
in writing to the Secretary not later than 2 years after the date on which
the claim arises.
SEC. 14. PENALTIES.
(a) CRIMINAL PENALTIES-
Any person that knowingly violates this Act, or that knowingly forges,
counterfeits, or, without authority from the Secretary, uses, alters, defaces,
or destroys any certificate, permit, or other document provided under this
Act shall be guilty of a misdemeanor, and, on conviction, shall be fined
in accordance with title 18, United States Code, imprisoned not more than
1 year, or both.
(1) IN GENERAL- Any person
that violates this Act, or that forges, counterfeits, or, without authority
from the Secretary, uses, alters, defaces, or destroys any certificate,
permit, or other document provided under this Act may, after notice and
opportunity for a hearing on the record, be assessed a civil penalty by
the Secretary that does not exceed the greater of--
(A)(i) $50,000 in the case
of any individual, except that the civil penalty may not exceed $1,000
in the case of an initial violation of this Act by an individual moving
regulated articles not for monetary gain;
(ii) $250,000 in the case
of any other person for each violation; and
(iii) $500,000 for all violations
adjudicated in a single proceeding; or
(B) twice the gross gain
or gross loss for any violation or forgery, counterfeiting, or unauthorized
use, alteration, defacing or destruction of a certificate, permit, or other
document provided under this Act that results in the person's deriving
pecuniary gain or causing pecuniary loss to another person.
(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--
(B) the effect on ability
to continue to do business;
(C) any history of prior
violations;
(D) the degree of culpability;
and
(E) such other factors as
the Secretary considers to be appropriate.
(3) SETTLEMENT OF CIVIL
PENALTIES- The Secretary may compromise, modify, or remit, with or without
conditions, any civil penalty that may be assessed under this subsection.
(A) FINAL ORDER- The order
of the Secretary assessing a civil penalty shall be treated as a final
order reviewable under chapter 158 of title 28, United States Code.
(B) REVIEW- The validity
of the order of the Secretary may not be reviewed in an action to collect
the civil penalty.
(C) INTEREST- Any civil
penalty not paid in full when due under an order assessing the civil penalty
shall 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
that violates this Act.
(2) FINAL ORDER- The order
of the Secretary suspending or revoking accreditation shall be treated
as a final order reviewable under chapter 158 of title 28, United States
Code.
(A) IN GENERAL- Notwithstanding
paragraph (1), the Secretary may summarily suspend the accreditation of
a veterinarian who the Secretary has reason to believe has violated this
Act.
(B) HEARINGS- 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
AGENTS- In the construction and enforcement of 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 the employment or office of the officer,
agent, or person, shall be deemed also to be the act, omission, or failure
of the other person.
(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 inspection or investigation
that the Secretary considers to be necessary for the administration or
enforcement of this Act.
(A) IN GENERAL- The Secretary
shall have power to issue a subpoena to compel the attendance and testimony
of any witness and the production of any documentary evidence relating
to the administration or enforcement of this 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.
(i) IN GENERAL- 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, to require the attendance and testimony of any witness
and the production of documentary evidence.
(ii) NONCOMPLIANCE- In case
of a refusal to obey a subpoena issued to any person, a court may order
the person to appear before the Secretary and give evidence concerning
the matter in question or to produce documentary evidence.
(iii) CONTEMPT- Any failure
to obey the order of the court may be punished by the court as contempt
of the court.
(i) WITNESSES- A witness
summoned by the Secretary under this Act shall be paid the same fees and
mileage that are paid to a witness in a court of the United States.
(ii) DEPOSITIONS- A witness
whose deposition is taken, and the person taking the deposition, shall
be entitled to the same fees that are paid for similar services in a court
of the United States.
(i) PUBLICATION- The Secretary
shall publish procedures for the issuance of subpoenas under this section.
(ii) REVIEW- The procedures
shall include a requirement that subpoenas be reviewed for legal sufficiency
and, to be effective, be signed by the Secretary.
(iii) DELEGATION- 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 of the subpoena for legal sufficiency outside that agency.
(b) AUTHORITY OF ATTORNEY
GENERAL- The Attorney General may--
(1) prosecute, in the name
of the United States, all criminal violations of this 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,
in any case in which 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 actions of the Secretary; or
(3) bring an action for
the recovery of any unpaid civil penalty, funds under a reimbursable agreement,
late payment penalty, or interest assessed under this Act.
(1) IN GENERAL- The United
States district courts, the District Court of Guam, the District Court
of the Northern Mariana Islands, the District Court of the Virgin Islands,
the highest court of American Samoa, and the United States courts of the
other territories and possessions are vested with jurisdiction in all cases
arising under this Act.
(2) VENUE- 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.
(3) EXCEPTION- Paragraphs
(1) and (2) do not apply to subsections (b) and (c) of section 14.
SEC. 16. REGULATIONS AND ORDERS.
The Secretary may promulgate
such regulations, and issue such orders, as the Secretary determines necessary
to carry out this Act.
SEC. 17. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There are
authorized to be appropriated such sums as are necessary to carry out this
Act.
(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.
(c) USE OF FUNDS- In carrying
out this Act, the Secretary may use funds made available to carry out this
Act for--
(1) printing and binding,
without regard to section 501 of title 44, United States Code;
(2) the employment of civilian
nationals in foreign countries; and
(3) the construction and
operation of research laboratories, quarantine stations, and other buildings
and facilities for special purposes.
SEC. 18. REPEALS AND CONFORMING
AMENDMENTS.
(a) REPEALS- The following
provisions of law are repealed:
(1) Public Law 97-46 (7
U.S.C. 147b).
(2) Section 101(b) of the
Act of September 21, 1944 (7 U.S.C. 429).
(3) The Act of August 28,
1950 (7 U.S.C. 2260).
(4) Section 919 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 2260a).
(5) Section 306 of the Tariff
Act of 1930 (19 U.S.C. 1306).
(6) Sections 6 through 8
and 10 of the Act of August 30, 1890 (21 U.S.C. 102 through 105).
(7) The Act of February
2, 1903 (21 U.S.C. 111, 120 through 122).
(8) Sections 2 through 9,
11, and 13 of the Act of May 29, 1884 (21 U.S.C. 112, 113, 114, 114a, 114a-1,
115 through 120, 130).
(9) The first section and
sections 2, 3, and 5 of the Act of February 28, 1947 (21 U.S.C. 114b, 114c,
114d, 114d-1).
(10) The Act of June 16,
1948 (21 U.S.C. 114e, 114f).
(11) Public Law 87-209 (21
U.S.C. 114g, 114h).
(12) Section 2506 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 114i).
(13) 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).
(14) The first section and
sections 2, 3, 4, and 6 of the Act of March 3, 1905 (21 U.S.C. 123 through
127).
(15) The first proviso under
the heading `GENERAL EXPENSES, BUREAU OF ANIMAL INDUSTRY' under the heading
`BUREAU OF ANIMAL INDUSTRY' of the Act of June 30, 1914 (21 U.S.C. 128).
(16) The fourth proviso
under the heading `SALARIES AND EXPENSES' under the heading `ANIMAL AND
PLANT HEALTH INSPECTION SERVICE' of title I of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2001 (21 U.S.C. 129).
(17) The third paragraph
under the heading `MISCELLANEOUS' of the Act of May 26, 1910 (21 U.S.C.
131).
(18) The first section and
sections 2 through 6 and 11 through 13 of Public Law 87-518 (21 U.S.C.
134 through 134h).
(19) Public Law 91-239 (21
U.S.C. 135 through 135b).
(20) Sections 12 through
14 of the Federal Meat Inspection Act (21 U.S.C. 612 through 614).
(21) Chapter 39 of title
46, United States Code.
(b) CONFORMING AMENDMENTS-
(1) Section 414(b) of the
Plant Protection Act (7 U.S.C. 7714(b)) is amended--
(A) in paragraph (1), by
striking `, or the owner's agent,'; and
(B) in paragraph (2), by
striking `or agent of the owner' each place it appears.
(2) Section 423 of the Plant
Protection Act (7 U.S.C. 7733) is amended--
(A) by striking subsection
(b) and inserting the following:
`(b) LOCATION OF PRODUCTION-
The attendance of any witness and production of documentary evidence relevant
to the inquiry may be required from any place in the United States.';
(B) in the third sentence
of subsection (e), by inserting `to an agency other than the Office of
Administrative Law Judges' after `is delegated'; and
(C) by striking subsection
(f).
(3) Section 11(h) of the
Endangered Species Act of 1973 (16 U.S.C. 1540(h)) is amended in the first
sentence by striking `animal quarantine laws (21 U.S.C. 101-105, 111-135b,
and 612-614)' and inserting `animal quarantine laws (as defined in section
2509(f) of the Food, Agriculture, Conservation, and Trade Act of 1990 (21
U.S.C. 136a(f))'.
(4) Section 18 of the Federal
Meat Inspection Act (21 U.S.C. 618) is amended by striking `of the cattle'
and all that follows through `as herein described' and inserting `of the
carcasses and products of cattle, sheep, swine, goats, horses, mules, and
other equines'.
(5) Section 2509 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136a)
is amended--
(A) in subsection (c), by
inserting after paragraph (1) the following:
`(2) VETERINARY DIAGNOSTICS-
The Secretary may prescribe and collect fees to recover the costs of carrying
out the provisions of the Animal Health Protection Act that relate to veterinary
diagnostics.'; and
(B) in subsection (f)(1),
by striking subparagraphs (B) through (O) and inserting the following:
`(B) section 9 of the Act
of August 30, 1890 (21 U.S.C. 101);
`(C) the Animal Health Protection
Act; or
`(D) any other Act administered
by the Secretary relating to plant or animal diseases or pests.'.
(c) EFFECT ON REGULATIONS-
A regulation issued under a provision of law repealed by subsection (a)
shall remain in effect until the Secretary issues a regulation under section
16 that supersedes the earlier regulation.
END
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