118 HR 5096 IH: Healthy Poultry Assistance and Indemnification Act U.S. House of Representatives 2023-08-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 5096IN THE HOUSE OF REPRESENTATIVESAugust 1, 2023Ms. Blunt Rochester (for herself, Mr. Alford, Mr. Johnson of Georgia, Ms. Kaptur, Mr. Costa, Mr. Kelly of Mississippi, Mr. Moore of Alabama, Mr. Finstad, Mr. Womack, Mr. Austin Scott of Georgia, Mr. Guest, and Mr. Rouzer) introduced the following bill; which was referred to the Committee on AgricultureA BILLTo amend the Animal Health Protection Act to provide compensation for poultry growers and layers in control areas, and for other purposes.

1.

Short title

This Act may be cited as the Healthy Poultry Assistance and Indemnification Act.

2.

Compensation for poultry growers and layers in control areas

Section 10407 of the Animal Health Protection Act (7 U.S.C. 8306) is amended— (1)in subsection (d), in the subsection heading, by inserting for destroyed animals after Compensation; and (2)by adding at the end the following: (e)

Compensation for poultry growers and layers in control areas

(1)

Definitions

In this subsection: (A)

Control area

The term control area means a Control Area determined by the Administrator of the Animal and Plant Health Inspection Service. (B)

Poultry

The term poultry means domesticated fowl that are bred for the primary purpose of producing eggs or meat, including, when so bred, chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, and game birds, but not including doves and pigeons. (2)

Compensation

(A)

In general

Except as provided in paragraph (3), the Secretary shall compensate the owner of a poultry growing or laying facility for flocks of birds that the owner of such facility was prohibited from growing or laying due to the location of the facility within a control area. (B)

Amount

(i)

In general

Compensation paid under subparagraph (A) shall be in an amount that is equal to the product obtained by multiplying— (I)the average income from the 5 most recent flocks of birds that the poultry growing or laying facility grew or laid; and (II)the number of flocks of birds that the owner of the poultry growing or laying facility was prohibited from growing or laying during the period of time in which the control areas was in effect. (ii)

Limitation

Compensation paid any owner of a poultry growing or laying facility under this subsection shall not exceed the difference between— (I)the amount described in clause (i); and (II)any compensation received by the owner from a State or other source for the 1 or more flocks of birds that the owner was prohibited from growing or laying. (iii)

Reviewability

The determination by the Secretary of the amount to be paid under this subsection shall be final and not subject to judicial review or review by any officer or employee of the Federal Government other than the Secretary or the designee of the Secretary. (C)

Timing

Compensation shall be paid under subparagraph (A) not later than 60 days after the date on which the owner of a poultry growing or laying facility submits a request to the Secretary for compensation. (3)

Exceptions

(A)

In general

The exceptions described in subsection (d)(3) shall apply to this subsection. (B)

Compensation for destroyed animals

No payment shall be made by the Secretary under this subsection to an owner of a poultry growing or laying facility who has received compensation under subsection (d) for a facility in the same control area during the same period of time..