[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4801 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4801

To consolidate and revise the authority of the Secretary of Agriculture 
                relating to protection of animal health.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 2000

 Mr. Peterson of Minnesota (for himself and Mr. Pombo) 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.--

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Restriction on importation or entry.
Sec. 5. Exportation.
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. 11. Cooperation.
Sec. 12. Reimbursable agreements.
Sec. 13. Buildings, land, people, agreements, and claims.
Sec. 14. Firearms.
Sec. 15. Penalties for violation.
Sec. 16. Enforcement.
Sec. 17. Authorization of appropriations and transfer authority.
Sec. 18. Regulations and orders.
Sec. 19. Preemption.
Sec. 20. Severability.
Sec. 21. Repeals and conforming amendments.

SEC. 2. FINDINGS.

    The Congress finds that--
            (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; and
            (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.

    As used in this Act:
            (1) Animal.--The term ``animal'' means any member of the 
        animal kingdom (except humans), including embryos.
            (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 or 
        marketing 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, including embryos of such 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 living stage of any of 
        the following that can directly or indirectly injure, cause 
        damage to, or cause disease in any animal:
                    (A) A protozoan.
                    (B) A plant.
                    (C) A bacteria.
                    (D) A fungus.
                    (E) A virus or viroid.
                    (F) An infectious agent or other pathogen.
                    (G) An arthropod.
                    (H) A parasite.
                    (I) A prion.
                    (J) A vector.
                    (K) Any organism similar to or allied with any of 
                the organisms specified in the preceding subparagraphs.
            (15) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (16) State.--The term ``State'' means any of the several 
        States of the United States, the 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 possibility of introduction into or 
        dissemination within the United States of any pest or disease 
        of livestock;
            (2) importation or entry of any livestock if the Secretary 
        determines that the livestock is unfit to be moved;
            (3) 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 
        possibility of introduction or dissemination of any disease or 
        pest of livestock within the United States; and
            (4) 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 does not have accommodations for the safe 
        and proper movement and humane treatment of livestock.
    (b) Regulations.--The Secretary may issue regulations requiring 
that any animal, article, or means of conveyance imported, entered, or 
moved in interstate commerce--
            (1) be subject to remedial measures the Secretary 
        determines to be necessary to prevent the spread of any disease 
        or pest of livestock; and
            (2) with respect to animals, 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 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 possibility of 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;
                    (C) any livestock imported, but not entered, that 
                is unfit to be moved; and
                    (D) 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 possibility of the introduction or dissemination of 
                any disease or pest of livestock into or within the 
United States.
            (2) Requirements of owners.--If an owner or agent of the 
        owner fails to comply with the Secretary's order, the Secretary 
        may 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, and disposal incurred by the Secretary 
        in connection with the 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 possibility of 
        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 possibility of 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 does not have accommodations for the safe and proper 
        movement and humane treatment of livestock.
    (b) 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.

    (a) In General.--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 
        possibility of interstate 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 
        possibility of interstate introduction or dissemination of any 
        disease or pest of livestock.
    (b) Movement of Livestock.--
            (1) In general.--No person shall confine alpaca, bison, 
        buffalo, camel, cattle, deer, donkey, elk, goat, horse, llama, 
        mule, reindeer, sheep, swine, or such other animals that the 
        Secretary may designate in regulation, except embryos of such 
        animals and equines for slaughter, moved in interstate commerce 
        in any means of conveyance for a period longer than twenty-
        eight consecutive hours without unloading such animals in a 
        humane manner into properly equipped pens for rest, water, and 
        feeding, for a period of at least five consecutive hours, 
        unless prevented by storm or by other accidental or unavoidable 
        causes which cannot be anticipated or avoided by the exercise 
        of due diligence and foresight.
            (2) Time of confinement.--When calculating the time of 
        confinement, the time consumed in loading and unloading shall 
        not be considered, but the time during which such animals have 
        been confined on any connecting means of conveyance without 
        unloading in accordance with paragraph (1) shall be included.
            (3) Resting and feeding.--
                    (A) In general.--Such animals unloaded under this 
                subsection shall be properly rested, fed, and watered 
                either by the owner or shipper, or in the case of a 
                default in so doing, then by the owner or operator of 
                the means of conveyance transporting such animals, at 
                the reasonable expense of the owner or shipper of such 
                animals.
                    (B) Liens.--The owner or operator of the means of 
                conveyance transporting such animals shall in such case 
                have a lien upon such animals for food, water, care, 
                and custody furnished, collectible at destination in 
                the same manner as the transportation charges are 
                collected, and shall not be liable for any detention 
                when the detention is of reasonable duration to enable 
                compliance with this subsection.
                    (C) Owner or shipper providing food or water.--
                Nothing in this subsection shall be construed to 
                prevent the owner or shipper from furnishing food and 
                water, if the owner or shipper so desires.
            (4) Application of requirement.--The requirements of this 
        subsection do not apply if such animals are carried in any 
        means of conveyance in which proper food, water, space, and 
        opportunity to rest have been provided, as determined by the 
        Secretary.

SEC. 7. SEIZURE, QUARANTINE, AND DISPOSAL

    (a) In General.--The Secretary may hold, seize, quarantine, treat, 
apply other remedial measures to, destroy or otherwise dispose of--
            (1) any animal, article, or means of conveyance that is 
        moving or has been moved in interstate commerce or has been 
        imported 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, article, means of conveyance, or progeny of 
        any animal 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, article, means of conveyance, or progeny of 
        any animal 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, article, means of conveyance, or progeny of 
        any animal 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 dangerous 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) quarantine any State, portion of a State, or 
                premises in which the Secretary finds--
                            (i) any animal that is or may have been 
                        affected with or exposed to the disease or 
                        pest; or
                            (ii) any article, facility, or means of 
                        conveyance that the Secretary finds is or was 
                        so related to an animal that was possibly 
                        affected or exposed to the disease or pest or 
                        so related to the disease or pest as to be a 
                        possible means of disseminating the disease or 
                        pest;
                    (B) hold, seize, treat, apply other remedial 
                measures to, destroy, or otherwise dispose of--
                            (i) any animal that the Secretary has 
                        reason to believe is or may have been affected 
                        with or exposed to the disease or pest, or
                            (ii) any article, facility, or means of 
                        conveyance that the Secretary has reason to 
                        believe is or was so related to an animal that 
                        was possibly affected or exposed to the disease 
                        or pest as to be a possible means of 
                        disseminating the disease or pest;
                    (C) prohibit or restrict the movement within a 
                State of any animal or article, or means of conveyance 
                if the Secretary determines that the prohibition or 
                restriction is necessary to prevent the possibility of 
                dissemination of the disease or pest; and
                    (D) prohibit or restrict the use of any article, 
                means of conveyance, or facility in connection with the 
                movement within a State of any animal or article if the 
                Secretary determines that the prohibition or 
                restriction is necessary to prevent the possibility of 
                dissemination of the disease or pest.
            (2) Limitation.--The Secretary may take action under this 
        subsection 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 or other appropriate official of the State, 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 and Quarantine Requirements of Owners.--The Secretary, 
in writing, may order the owner of any animal, article, facility, or 
means of conveyance referred to in subsections (a) or (b), or the agent 
of the owner, to maintain in quarantine and to 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, 
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, and disposal 
incurred by the Secretary in connection with the seizure, quarantine, 
or disposal.
    (d) Compensation.--
            (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.
            (2) Level.--
                    (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.

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) or 
        is moving subject to 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 seizure 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, including the drawing of blood and diagnostic testing of 
animals, including animals at slaughterhouses, stockyards, and other 
points of concentration to--
            (1) detect, control, and eradicate any disease or pest of 
        animals; and
            (2) detect and control any conditions detrimental to 
        production and marketing of livestock.
    (b) Compensation.--The Secretary may pay claims growing out of the 
voluntary destruction of any animal possibly affected with or exposed 
to any disease or pest.

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 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.
    (d) Screwworms.--
            (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.

SEC. 12. REIMBURSABLE AGREEMENTS.

    (a) Authority To Enter Into Agreements.--The Secretary may enter 
into reimbursable fee agreements with persons for pre-clearance of 
animals or articles at locations outside the United States for movement 
into the United States.
    (b) Funds Collected for Preclearance.--Funds collected for pre-
clearance shall be credited to accounts which may be established by the 
Secretary for this purpose and shall remain available until expended 
for the pre-clearance 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.
            (2) Reimbursement.--
                    (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.
                    (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.
    (b) Tort Claims.--
            (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. FIREARMS.

    Any employee of the United States Department of Agriculture 
designated by the Secretary and the Attorney General of the United 
States may carry a firearm and use a firearm when necessary for self-
protection, in accordance with regulations issued by the Secretary and 
the Attorney General of the United States, while the employee is 
engaged in the performance of the employee's official duties to carry 
out this Act.

SEC. 15. 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.
    (b) Civil Penalty.--
            (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.
            (2) Summary suspension.--
                    (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, to protect the 
                public health, interest, or safety.
                    (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. 16. ENFORCEMENT.

    (a) Collection of Information.--
            (1) In general.--The Secretary may gather and compile 
        information and conduct any investigations the Secretary 
        considers necessary for the administration and enforcement of 
        this Act.
            (2) Subpoenas.--
                    (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 may be 
                required from any place in the United States at any 
                designated place of hearing.
                    (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, the agency receiving the 
                delegation shall seek review for legal sufficiency 
                outside that agency.
                    (F) Scope of subpoena.--Subpoenas for witnesses to 
                attend court in any judicial district or testify or 
                produce evidence at an administrative hearing in any 
                judicial district in any action or proceeding arising 
                under this Act may run to any other judicial district.
    (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.
    (c) Court Jurisdiction.--
            (1) In general.--The United States district courts, the 
        District Court of Guam, the District Court of the Virgin 
        Islands, the highest court of American Samoa, and the United 
        States courts of the other territories and possessions are 
        vested with jurisdiction in all cases arising under this Act. 
        Any action arising under this Act may be brought, and process 
        may be served in the judicial district where a violation or 
        interference occurred or is about to occur, or where the person 
        charged with the 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 15.

SEC. 17. AUTHORIZATION OF APPROPRIATIONS AND TRANSFER AUTHORITY.

    (a) Authorization of Appropriation.--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. 18. REGULATIONS AND ORDERS.

    The Secretary may issue any regulations or orders as the Secretary 
deems necessary to carry out this Act.

SEC. 19. PREEMPTION.

    (a) Regulation of Foreign Commerce.--No State or political 
subdivision of a State may regulate the movement in foreign commerce of 
any animal, article, or means of conveyance in order to control a 
disease or pest of livestock.
    (b) Regulation of Interstate Commerce.--
            (1) In general.--Except as provided in paragraph (2), no 
        State or political subdivision of a State my regulate the 
        movement in interstate commerce of any animal, article, or 
        means of conveyance in order to control a disease or pest of 
        livestock.
            (2) Exceptions.--
                    (A) Regulations consistent with federal 
                regulations.--A State or a political subdivision of a 
                State may impose a prohibition or restriction upon the 
                movement in interstate commerce of an animal, article, 
                or means of conveyance that is consistent with, and 
                does not exceed, regulations or orders issued by the 
                Secretary.
                    (B) Special need.--A State or political subdivision 
                of a State may impose a prohibition or restriction upon 
                the movement in interstate commerce of an animal, 
                article, or means of conveyance that is in addition to 
                a prohibition or restriction imposed by the Secretary, 
                if the State or political subdivision of a State 
                demonstrates to the Secretary and the Secretary finds 
                that there is a special need for an additional 
                prohibition or restriction based on sound scientific 
                data or a thorough risk assessment.

SEC. 20. 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. 21. 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 1 of the Act of October 14, 1982 (7 U.S.C. 
        2274), An Act to authorize certain employees of the United 
        States Department of Agriculture charged with the enforcement 
        of animal quarantine laws to carry firearms for self-protection 
        and to improve the quality of table grapes for marketing in the 
        United States.
            (5) Section 306 of the Tariff Act of 1930 (19 U.S.C. 1306).
            (6) Sections 6-8 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.
            (7) 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.
            (8) Sections 2-9, 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).
            (9) 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.
            (10) 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.
            (11) The Act of September 6, 1961 (21 U.S.C. 114g-114h), An 
        Act to provide for a national hog cholera eradication program.
            (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), An Act making appropriations for the 
        Department of Agriculture for fiscal year ending June 30, 
        1921''.
            (14) Sections 1-4 and 6 of the Act of March 3, 1905 (21 
        U.S.C. 123-127).
            (15) 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.
            (16) 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).
            (17) 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.
            (18) Sections 1-6 and 11-13 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.
            (19) The Act of May 6, 1970 (Public Law 91-239, 84 Stat. 
        202, 21 U.S.C. 135-135b).
            (20) Sections 12 through 14 of the Federal Meat Inspection 
        Act (21 U.S.C. 612-614).
            (21) Sections 3901 and 3902 of title 46, United States 
        Code.
            (22) Section 80502 of title 49, United States Code.
            (23) The first section of Public Law 97-46 (7 U.S.C. 147b).
    (b) Conforming Amendment.--(1) 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) Section 2509(c) of the Food, Agriculture, Conservation, and 
Trade Act of 1990 (21 U.S.C. 136a(c)) is amended by adding after 
paragraph (1) the following:
            ``(2) 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.''.
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