[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2002 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2002
To consolidate and revise the authority of the Secretary of Agriculture
relating to protection of animal health.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 24, 2001
Mr. Pombo (for himself and Mr. Peterson of Minnesota) introduced the
following bill; which was referred to the Committee on Agriculture, and
in addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To consolidate and revise the authority of the Secretary of Agriculture
relating to protection of animal health.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Animal Health
Protection Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 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 disease and pests.
Sec. 10. Veterinary accreditation program.
Sec. 11. Cooperation.
Sec. 12. Reimbursable agreements.
Sec. 13. Buildings, land, people, claims, and agreements.
Sec. 14. Penalties for violations.
Sec. 15. Enforcement.
Sec. 16. Appropriations and transfer authority.
Sec. 17. Regulations and orders.
Sec. 18. Severability.
Sec. 19. Repeals.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The prevention, detection, control, and eradication of
diseases and pests of animals are essential to protect animal
health and the health and welfare of the people of the United
States, the economic interests of the United States livestock
and related industries, the environment of the United States,
and interstate and foreign commerce of the United States in
animals and other articles.
(2) Animal diseases and pests are primarily transmitted by
animals and articles regulated under this Act.
(3) The health of animals is affected by the methods by
which animals and articles are transported in interstate
commerce and foreign commerce.
(4) The Secretary must continue to conduct research on
animal diseases and pests which constitutes a threat to the
livestock of the United States.
(5) All animals and articles regulated under this Act are
in or affect interstate commerce or foreign commerce, and
regulation by the Secretary and cooperation by the Secretary
with other nations, States or other jurisdictions, or persons
are necessary to prevent and eliminate burdens on interstate
commerce and foreign commerce, to regulate effectively
interstate commerce and foreign commerce, and to protect the
agriculture, the environment, the economy, and the health and
welfare of the people of the United States.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Animal.--The term ``animal'' means any member of the
animal kingdom (except humans).
(2) Article.--The term ``article'' means any pest or
disease or any material or tangible object that could harbor
pests or diseases.
(3) Disease.--The term ``disease'' means any infectious or
non-infectious disease or condition affecting the health of
livestock or any condition detrimental to production of
livestock.
(4) Enter and entry.--The terms ``enter'' and ``entry''
mean to move into, or the act of movement into, the commerce of
the United States.
(5) Export and exportation.--The terms ``export'' and
``exportation'' mean to move from, or the act of movement from,
the United States to any place outside of the United States.
(6) Facility.--The term ``facility'' means any structure.
(7) Import and importation.--The term ``import'' and
``importation'' mean to move into, or the act of movement into,
the territorial limits of the United States.
(8) Interstate.--The term ``interstate'' means--
(A) from one State into or through any other State;
or
(B) within the District of Columbia, Guam, the
Virgin Islands of the United States, or any other
territory or possession of the United States.
(9) Interstate commerce.--The term ``interstate commerce''
means trade, traffic, or other commerce--
(A) between a place in a State and a point in
another State, or between points within the same State
but through any place outside that State; or
(B) within the District of Columbia, Guam, the
Virgin Islands of the United States, or any other
territory or possession of the United States.
(10) Livestock.--The term ``livestock'' means all farm-
raised animals.
(11) Means of conveyance.--The term ``means of conveyance''
means any personal property used for or intended for use for
the movement of any other personal property.
(12) Move and related terms.--The terms ``move'',
``moving'', and ``movement'' mean--
(A) to carry, enter, import, mail, ship, or
transport;
(B) to aid, abet, cause, or induce the carrying,
entering, importing, mailing, shipping, or
transporting;
(C) to offer to carry, enter, import, mail, ship,
or transport;
(D) to receive in order to carry, enter, import,
mail, ship, or transport;
(E) to release into the environment; or
(F) to allow any of the activities included within
this paragraph.
(13) Person.--The term ``person'' means any individual,
partnership, corporation, association, joint venture, or other
legal entity.
(14) Pest.--The term ``pest'' means any of the following
that can directly or indirectly injure, cause damage to, or
cause disease in livestock:
(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 introduction into or dissemination
within the United States of any pest or disease of livestock;
(2) further movement of any animal that has strayed into
the United States if the Secretary determines that the
prohibition or restriction is necessary to prevent the
introduction or dissemination of any disease or pest of
livestock within the United States; and
(3) use of any means of conveyance in connection with the
importation or entry of livestock if the Secretary determines
that the prohibition or restriction is necessary because the
means of conveyance has not been maintained in a clean and
sanitary condition or does not have accommodations for the safe
and proper movement of livestock.
(b) Regulations.--The Secretary may issue regulations requiring
that any animal imported or entered be raised or handled under post-
import quarantine conditions by or under the supervision of the
Secretary for the purposes of determining whether the animal is or may
be affected by any disease or pest of livestock. --
(c) Destruction or Removal.--
(1) In general.--The Secretary may order the destruction or
the removal from the United States of--
(A) any animal, article, or means of conveyance
that has been imported but has not entered the United
States if the Secretary determines that destruction or
removal from the United States is necessary to prevent
the introduction or dissemination of any disease or
pest of livestock into or within the United States;
(B) any animal, article, means of conveyance, or
progeny of any animal that has been imported or entered
in violation of this Act; and
(C) any animal that has strayed into the United
States if the Secretary determines that destruction or
removal from the United States is necessary to prevent
the introduction or dissemination of any disease or
pest of livestock into or within the United States.
(2) Requirements of owners.--
(A) Orders to disinfect.--The Secretary may require
the disinfection of a means of conveyance used in
connection with the importation of animals, and all
attendants and their clothing, and of all headropes and
other articles used in such importation.
(B) Failure to comply with orders.--If an owner or
agent of the owner fails to comply with an order of the
Secretary under this section, the Secretary may take
remedial action, destroy, or remove from the United
States the animal, article, or means of conveyance as
authorized under paragraph (1) and recover from the
owner or agent of the owner the costs of any care,
handling, remedial action, or disposal incurred by the
Secretary in connection with the remedial action,
destruction or removal.
SEC. 5. EXPORTATION.
(a) In General.--The Secretary may prohibit or restrict the--
(1) exportation of any animal, article, or means of
conveyance if the Secretary determines that the prohibition or
restriction is necessary to prevent the dissemination from or
within the United States of any disease or pest of livestock;
(2) exportation of any livestock if the Secretary
determines that the livestock is unfit to be moved;
(3) use of any means of conveyance or facility in
connection with the exportation of any animal or article if the
Secretary determines that the prohibition or restriction is
necessary to prevent the dissemination from or within the
United States of any disease or pest of livestock; and
(4) use of any means of conveyance in connection with the
exportation of livestock if the Secretary determines that the
prohibition or restriction is necessary because the means of
conveyance has not been maintained in a clean and sanitary
condition or does not have accommodations for the safe and
proper movement and humane treatment of livestock.
(b) Requirements of Owners.--
(1) Orders to disinfect.--The Secretary may require the
disinfection of a means of conveyance used in connection with
the exportation of animals, and all attendants and their
clothing, and of all headropes and other articles used in such
exportation.
(2) Failure to comply with orders.--If an owner or agent of
the owner fails to comply with an order of the Secretary under
this section, the Secretary may take remedial actions or
dispose of the animal, article, or means of conveyance as
authorized under paragraph (1) and recover from the owner or
agent of the owner the costs of any care, handling, remedial
action, or disposal incurred by the Secretary in connection
with the remedial action or destruction.
(c) Certification.--The Secretary may certify as to the class,
quality, quantity, condition, processing, handling, or storage of any
animal or article intended for export.
SEC. 6. INTERSTATE MOVEMENT.
The Secretary may prohibit or restrict the--
(1) movement in interstate commerce of any animal, article,
or means of conveyance if the Secretary determines that the
prohibition or restriction is necessary to prevent the
introduction or dissemination of any disease or pest of
livestock; and
(2) use of any means of conveyance or facility in
connection with the movement in interstate commerce of any
animal or article if the Secretary determines that the
prohibition or restriction is necessary to prevent the
introduction or dissemination of any disease or pest of
livestock.
SEC. 7. SEIZURE, QUARANTINE, AND DISPOSAL.
(a) In General.--The Secretary may hold, seize, quarantine, treat,
apply other remedial actions to, destroy or otherwise dispose of--
(1) any animal or progeny of any animal, article, or means
of conveyance that is moving or has been moved in interstate
commerce or has been imported and entered and that the
Secretary has reason to believe may carry, may have carried,
may have been affected with or exposed to any pest or disease
of livestock at the time of movement or which is otherwise in
violation of this Act;
(2) any animal or progeny of any animal, article, or means
of conveyance that is moving or is being handled or has moved
or has been handled in interstate commerce in violation of this
Act;
(3) any animal or progeny of any animal, article, or means
of conveyance that has been imported and is moving or is being
handled or has moved or has been handled in violation of this
Act; and
(4) any animal or progeny of any animal, article, or means
of conveyance that the Secretary finds is not being maintained
or has not been maintained in accordance with any post-import
quarantine, post-import condition, post-movement quarantine, or
post-movement condition in accordance with this Act.
(b) Extraordinary Emergency.--
(1) In general.--If the Secretary determines that an
extraordinary emergency exists because of the presence in the
United States of a disease or pest of livestock and that the
presence of the disease or pest threatens the livestock of the
United States, the Secretary may--
(A) hold, seize, treat, apply other remedial
actions to, destroy (including preventive slaughter),
or otherwise dispose of any animal, article, facility,
or means of conveyance if the Secretary determines such
action is necessary to prevent the dissemination of the
disease or pest; and
(B) prohibit or restrict the movement or use within
a State, portion of a State, or premises of any animal
or article, means of conveyance, or facility if the
Secretary determines that the prohibition or
restriction is necessary to prevent the dissemination
of the disease or pest.
(2) Limitation.--The Secretary may take action under this
subsection only upon finding, after review and consultation
with the Governor or other appropriate official of the State,
that measures being taken by the State are inadequate to
control and eradicate the disease or pest. Before any action is
taken in any State under this subsection, the Secretary shall
notify the Governor and animal health official, issue a public
announcement, and, except as provided in the following
sentence, file for publication in the Federal Register a
statement of the Secretary's findings, the action the Secretary
intends to take, and the reasons for the intended action. If it
is not possible to file for publication in the Federal Register
prior to taking action, the filing shall be made within a
reasonable time, not to exceed 10 business days, after
commencement of the action.
(c) Disposal, Requirement To Take Remedial Actions, and Quarantine
Requirements.--The Secretary, in writing, may order the owner of any
animal, article, facility, or means of conveyance referred to in
subsection (a) or (b), or the agent of the owner, to maintain in
quarantine, take remedial actions, or dispose of the animal, article,
facility, or means of conveyance in any manner as the Secretary may
direct. If the owner or agent of the owner fails to comply with the
Secretary's order, the Secretary may seize, quarantine, take other
remedial actions, or dispose of the animal, article, facility, or means
of conveyance as authorized by subsection (a) or (b) and recover from
the owner, or agent of the owner, the costs of any care, handling,
remedial actions, and disposal incurred by the Secretary in connection
with the seizure, quarantine, remedial action, or disposal.
(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 by the owner or the owner's agent.
SEC. 8. INSPECTIONS, SEIZURES, AND WARRANTS.
(a) Role of Attorney General.--The activities authorized by this
section shall be carried out consistent with guidelines approved by the
Attorney General.
(b) Warrantless Inspections.--The Secretary may stop and inspect,
without a warrant, any person or means of conveyance moving--
(1) into the United States to determine whether the person
or means of conveyance is carrying any animal or article
regulated under this Act or is moving subject to this Act;
(2) in interstate commerce upon probable cause to believe
that the person or means of conveyance is carrying any animal
or article, regulated under this Act or is moving subject to
this Act; and
(3) in intrastate commerce from any State, portion of a
State, or premises quarantined under section 7(b) upon probable
cause to believe that the person or means of conveyance is
carrying any animal or article regulated under section 7(b).
(c) Inspections With a Warrant.--
(1) General authority.--The Secretary may enter, with a
warrant, any premises in the United States for the purpose of
making inspections and seizures under this Act.
(2) Application and issuance of a warrant.--Upon proper
oath or affirmation showing probable cause to believe that
there is on certain premises any animal, article, facility, or
means of conveyance regulated under this Act, a United States
judge, a judge of a court of record in the United States, or a
United States magistrate judge may, within the judge's or
magistrate's jurisdiction, issue a warrant for the entry upon the
premises to make any inspection or seizures under this Act. The warrant
may be applied for and executed by the Secretary or any United States
marshal.
SEC. 9. DETECTION, CONTROL, AND ERADICATION OF DISEASES AND PESTS.
(a) In General.--The Secretary may carry out operations and
measures to detect, control, and eradicate any disease or pest of
livestock (including the drawing of blood and diagnostic testing of
animals, including animals at slaughterhouses, stockyards, and other
points of concentration).
(b) Compensation.--The Secretary may pay claims growing out of the
destruction of any animal, article, means of conveyance consistent with
the purposes of this Act.
SEC. 10. VETERINARY ACCREDITATION PROGRAM.
The Secretary may establish a veterinary accreditation program
consistent with the purposes of this Act, including the establishment
of standards of conduct for accredited veterinarians.
SEC. 11. COOPERATION.
(a) In General.--The Secretary may cooperate with other Federal
agencies, States, or political subdivisions of States, national
governments, local governments of other nations, domestic or
international organizations, domestic or international associations,
and other persons to carry out the purposes of this Act.
(b) Responsibility.--The person or other entity cooperating with
the Secretary shall be responsible for the authority necessary to carry
out the operations or measures on all lands and properties within the
foreign country or State, other than those owned or controlled by the
United States, and for other facilities and means as the Secretary
determines necessary.
(c) Use of Funds.--In addition to the purposes specified in this
section, funds appropriated pursuant to this section may be used for
printing and binding without regard to section 501 of title 44, United
States Code, for the employment of civilian nationals of countries
involved, and for the construction and operation of research
laboratories, quarantine stations, and other buildings and facilities
for special purposes.
(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. The Department of Agriculture shall be the lead
agency with respect to issues related to diseases and pests of
livestock.
SEC. 12. REIMBURSABLE AGREEMENTS.
(a) Authority To Enter Into Agreements.--The Secretary may enter
into reimbursable fee agreements with persons for preclearance of
animals or articles at locations outside the United States for movement
into the United States.
(b) Funds Collected for Preclearance.--Funds collected for
preclearance shall be credited to accounts which may be established by
the Secretary for this purpose and shall remain available until
expended for the preclearance activities without fiscal year
limitation.
(c) Payment of Employees.--
(1) In general.--Notwithstanding any other law, the
Secretary may pay employees of the United States Department of
Agriculture performing services relating to imports into and
exports from the United States, for all overtime, night, or
holiday work performed by them at rates of pay established by
the Secretary.
(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 pursuant to this subsection.
(B) Use of funds.--All funds collected under this
subsection shall be credited to the account that incurs
the costs and shall remain available until expended
without fiscal year limitation.
(d) Late Payment Penalties.--
(1) Collection.--Upon failure to reimburse the Secretary in
accordance with this section, the Secretary may assess a late
payment penalty, and the overdue funds shall accrue interest,
as required by section 3717 of title 31, United States Code.
(2) Use of funds.--Any late payment penalty and any accrued
interest shall be credited to the account that incurs the costs
and shall remain available until expended without fiscal year
limitation.
SEC. 13. BUILDINGS, LAND, PEOPLE, AGREEMENTS, AND CLAIMS.
(a) In General.--The Secretary may acquire and maintain all real or
personal property for special purposes and employ any persons, make
grants, and enter into any contracts, cooperative agreements, memoranda
of understanding, or other agreements necessary for carrying out this
Act.
(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. 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.
(B) Hearing.--The Secretary shall provide the
accredited veterinarian with a subsequent notice and an
opportunity for a prompt post-suspension hearing on the
record.
(d) Liability for Acts of an Agent.--When construing and enforcing
this Act, the act, omission, or failure of any officer, agent, or
person acting for or employed by any other person within the scope of
his or her employment or office, shall be deemed also to be the act,
omission, or failure of the other person.
(e) Guidelines for Civil Penalties.--The Secretary shall coordinate
with the Attorney General to establish guidelines to determine under
what circumstances the Secretary may issue a civil penalty or suitable
notice of warning in lieu of prosecution by the Attorney General of a
violation of this Act.
SEC. 15. ENFORCEMENT.
(a) Collection of Information.--
(1) In general.--The Secretary may gather and compile
information and conduct any inspections or investigations the
Secretary considers necessary for the administration or
enforcement of this Act.
(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 relevant
to the inquiry may be required from any place in the
United States.
(C) Enforcement of subpoena.--In case of
disobedience to a subpoena by any person, the Secretary
may request the Attorney General to invoke the aid of
any court of the United States within the jurisdiction
in which the investigation is conducted, or where the
person resides, is found, transacts business, is
licensed to do business, or is incorporated in
requiring the attendance and testimony of any witness
and the production of documentary evidence. In case of
a refusal to obey a subpoena issued to any person, a
court may order the person to appear before the
Secretary and give evidence concerning the matter in
question or to produce documentary evidence. Any
failure to obey the court's order may be punished by
the court as contempt of the court.
(D) Compensation.--Witnesses summoned by the
Secretary shall be paid the same fees and mileage that
are paid to witnesses in courts of the United States,
and witnesses whose depositions are taken and the
persons taking the depositions shall be entitled to the
same fees that are paid for similar services in the
courts of the United States.
(E) Procedures.--The Secretary shall publish
procedures for the issuance of subpoenas under this
section. Such procedures shall include a requirement
that subpoenas be reviewed for legal sufficiency and
signed by the Secretary. If the authority to sign a
subpoena is delegated to an agency other than the
Office of Administrative Law Judges, the agency
receiving the delegation shall seek review for legal
sufficiency outside that agency.
(b) Authority of the Attorney General.--The Attorney General may--
(1) prosecute, in the name of the United States, all
criminal violations of this Act that are referred to the
Attorney General by the Secretary or are brought to the notice
of the Attorney General by any person;
(2) bring an action to enjoin the violation of or to compel
compliance with this Act, or to enjoin any interference by any
person with the Secretary in carrying out this Act, whenever
the Secretary has reason to believe that the person has
violated, or is about to violate this Act, or has interfered,
or is about to interfere, with the Secretary; and
(3) bring an action for the recovery of any unpaid civil
penalty, funds under reimbursable agreements, late payment
penalty, or interest assessed under this Act.
(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 14.
SEC. 16. APPROPRIATIONS AND TRANSFER AUTHORITY.
(a) Authorization of Appropriations.--There are authorized to be
appropriated such sums of money as may be necessary to carry out this
Act.
(b) Authority To Transfer Certain Funds.--The Secretary may, in
connection with an emergency in which a disease or pest of livestock
threatens any segment of the agricultural production of the United
States, transfer from other appropriations or funds available to the
agencies or corporations of the Department of Agriculture any sum of
money as the Secretary may deem necessary to be available in the
emergency for the arrest, control, eradication, and prevention of the
spread of the disease or pest of livestock and for related expenses.
Any funds transferred under this section shall remain available for
such purposes without fiscal year limitation.
SEC. 17. REGULATIONS AND ORDERS.
The Secretary may issue any regulations or orders as the Secretary
deems necessary to carry out this Act.
SEC. 18. SEVERABILITY.
If any provision of this Act or application of any provision of
this Act to any person or circumstance is held invalid, the remainder
of this Act and the application of the provision to other persons and
circumstances shall not be affected by the invalidity.
SEC. 19. REPEALS AND CONFORMING AMENDMENTS.
(a) Repeals.--The following provisions of law are hereby repealed:
(1) Section 101(b) of the Department of Agriculture Organic
Act of 1944 (7 U.S.C. 429).
(2) The Act of August 28, 1950 (Chap. 815, 64 Stat. 561, 7
U.S.C. 2260), ``An Act to enable the Secretary of Agriculture
to furnish, upon a reimbursable basis, certain inspection
services involving overtime work''.
(3) Section 919 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 2260a).
(4) Section 306 of the Tariff Act of 1930 (19 U.S.C. 1306).
(5) Sections 6 through 8 and 10 of the Act of August 30,
1890 (21 U.S.C. 102-105), ``An act providing for an inspection
of meats for exportation, prohibiting the importation of
adulterated articles of food or drink, and authorizing the
President to make proclamation in certain cases, and for other
purposes''.
(6) The Act of February 2, 1903 (21 U.S.C. 111, 120-122),
``An Act to enable the Secretary of Agriculture to more
effectively suppress and prevent the spread of contagious and
infectious diseases of livestock, and for other purposes''.
(7) Sections 2 through 9, 11, and 13 of the Act of May 29,
1884 (Chap. 60, 23 Stat. 32, 21 U.S.C. 112, 113, 114, 114a,
114a-1, 115-120, and 130).
(8) Sections 1, 2, 3, and 5 of the Act of February 28, 1947
(21 U.S.C. 114b, 114c, 114d, and 114d-1), ``An Act to authorize
the Secretary of Agriculture to cooperate with the Government
of Mexico in the control and elimination of foot and mouth
disease and rinderpest''.
(9) The Act of June 16, 1948 (21 U.S.C. 114e and 114f),
``An Act authorizing additional research and investigation into
problems and methods relating to the eradication of cattle
grubs, and for other purposes''.
(10) The Act of September 6, 1961 (21 U.S.C. 114g-114h),
``An Act to provide for a national hog cholera eradication
program''.
(11) Section 2506 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (21 U.S.C. 114i).
(12) The third and fourth provisos of the fourth paragraph
under the heading Bureau of Animal Industry of the Act of May
31, 1920 (21 U.S.C. 116), ``An Act making appropriations for
the Department of Agriculture for fiscal year ending June 30,
1921''.
(13) Sections 1-4 and 6 of the Act of March 3, 1905 (21
U.S.C. 123-127).
(14) The first proviso under the heading ``General
Expenses, Bureau of Animal Industry'' in the Act of June 30,
1914 (21 U.S.C. 128), ``An Act making appropriations for the
Department of Agriculture for the fiscal year ending June
thirtieth, nineteen hundred and fifteen''.
(15) The fourth proviso in the paragraph under the heading
``Salaries and Expenses, Animal and Plant Health Inspection
Service'' of the Department of Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Appropriation Act, 1999 (21 U.S.C. 129).
(16) The third paragraph under the heading
``Miscellaneous'' of the Act of May 26, 1910 (21 U.S.C. 131),
``An Act making appropriations for the Department of
Agriculture for the fiscal year ending June thirtieth, nineteen
hundred and eleven''.
(17) Sections 1 through 6 and 11 through 13 of the Act of
July 2, 1962 (21 U.S.C. 134-134h), ``An Act to provide greater
protection against the introduction and dissemination of
diseases of livestock and poultry, and for other purposes''.
(18) The Act of May 6, 1970 (Public Law. 91-239, 84 Stat.
202, 21 U.S.C. 135-135b).
(19) Sections 12 through 14 of the Federal Meat Inspection
Act (21 U.S.C. 612-614);
(20) Sections 3901 and 3902 of title 46, United States
Code.
(21) The first section of Public Law 97-46 (7 U.S.C. 147b).
(b) Conforming Amendments.--
(1) Federal meat inspection act.--Section 18 of the Federal
Meat Inspection Act (21 U.S.C. 618) is amended by striking ``of
the cattle'' and all that follows through ``as herein
described'' and inserting ``the carcasses and products of
cattle, sheep, swine, goats, horses, mules, and other
equines''. --
(2) Food, agriculture, conservation, and trade act of
1990.--Section 2509 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (21 U.S.C. 136a) is amended--
(A) in subsection (c), by adding after paragraph
(1) the following:
``(2) Recovery of costs related to veterinary
diagnostics.--The Secretary of Agriculture is authorized to
prescribe and collect fees to recover the costs of carrying out
the provisions of the Animal Health Protection Act which relate
to veterinary diagnostics.''; and
(B) in subsection (f)(1), by striking subparagraphs
(B) through (O) and inserting the following:
``(B) section 9 of the Act of August 30, 1890 (26
U.S.C. 101);
``(C) the Animal Health Protection Act; and
``(D) any other Act administered by the Secretary
relating to plant or animal diseases or pests.''.
(c) Effect on Regulations.--Regulations issued under the authority
of a provision of law repealed by this section shall remain in effect
until such time as the Secretary issues a regulation under section 17
that supersedes the earlier regulation.
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