[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1482 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1482

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 2, 2001

 Mr. Harkin (for himself, Mr. Lugar, Mr. Hatch, Mr. Dayton, Mr. Akaka, 
Mr. Johnson, Mr. Allard, Mr. Crapo, Mr. Craig, Mrs. Lincoln, Mr. Helms, 
 and Mr. Nelson of Nebraska) introduced the following bill; which was 
read twice and referred to the Committee on Agriculture, Nutrition, and 
                                Forestry

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Animal Health 
Protection Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 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. Administration and claims.
Sec. 14. Penalties.
Sec. 15. Enforcement.
Sec. 16. Regulations and orders.
Sec. 17. Authorization of appropriations.
Sec. 18. Repeals and conforming amendments.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the prevention, detection, control, and eradication of 
        diseases and pests of animals are essential to protect--
                    (A) animal health;
                    (B) the health and welfare of the people of the 
                United States;
                    (C) the economic interests of the livestock and 
                related industries of the United States;
                    (D) the environment of the United States; and
                    (E) interstate commerce and foreign commerce of the 
                United States in animals and other articles;
            (2) animal diseases and pests are primarily transmitted by 
        animals and articles regulated under this Act;
            (3) the health of animals is affected by the methods by 
        which animals and articles are transported in interstate 
        commerce and foreign commerce;
            (4) the Secretary must continue to conduct research on 
        animal diseases and pests that constitute a threat to the 
        livestock of the United States; and
            (5)(A) all animals and articles regulated under this Act 
        are in or affect interstate commerce or foreign commerce; and
            (B) regulation by the Secretary and cooperation by the 
        Secretary with foreign countries, States or other 
        jurisdictions, or persons are necessary--
                    (i) to prevent and eliminate burdens on interstate 
                commerce and foreign commerce;
                    (ii) to regulate effectively interstate commerce 
                and foreign commerce; and
                    (iii) to protect the agriculture, environment, 
                economy, and health and welfare of the people of the 
                United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Animal.--The term ``animal'' means any member of the 
        animal kingdom (except a human).
            (2) Article.--The term ``article'' means any pest or 
        disease or any material or tangible object that could harbor a 
        pest or disease.
            (3) Disease.--The term ``disease'' means--
                    (A) any infectious or noninfectious disease or 
                condition affecting the health of livestock; or
                    (B) any condition detrimental to production of 
                livestock.
            (4) Enter.--The term ``enter'' means to move into the 
        commerce of the United States.
            (5) Export.--The term ``export'' means to move from a place 
        within the territorial limits of the United States to a place 
        outside the territorial limits of the United States.
            (6) Facility.--The term ``facility'' means any structure.
            (7) Import.--The term ``import'' means to move from a place 
        outside the territorial limits of the United States to a place 
        within the territorial limits of the United States.
            (8) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (9) Interstate commerce.--The term ``interstate commerce'' 
        means trade, traffic, or other commerce--
                    (A) between a place in a State and a place in 
                another State, or between places within the same State 
                but through any place outside that State; or
                    (B) within the District of Columbia or any 
                territory or possession of the United States.
            (10) Livestock.--The term ``livestock'' means all farm-
        raised animals.
            (11) Means of conveyance.--The term ``means of conveyance'' 
        means any personal property used for or intended for use for 
        the movement of any other personal property.
            (12) Move.--The term ``move'' means--
                    (A) to carry, enter, import, mail, ship, or 
                transport;
                    (B) to aid, abet, cause, or induce carrying, 
                entering, importing, mailing, shipping, or 
                transporting;
                    (C) to offer to carry, enter, import, mail, ship, 
                or transport;
                    (D) to receive in order to carry, enter, import, 
                mail, ship, or transport;
                    (E) to release into the environment; or
                    (F) to allow any of the activities described in 
                this paragraph.
            (13) Pest.--The term ``pest'' means any of the following 
        that can directly or indirectly injure, cause damage to, or 
        cause disease in livestock:
                    (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) An animal.
                    (L) Any organism similar to or allied with any of 
                the organisms described in this paragraph.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (15) State.--The term ``State'' means any of the States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, the Commonwealth of the Northern Mariana Islands, the 
        Virgin Islands of the United States, or any territory or 
        possession of the United States.
            (16) This act.--Except when used in this section, the term 
        ``this Act'' includes any regulation or order issued by the 
        Secretary under the authority of this Act.
            (17) United states.--The term ``United States'' means all 
        of the States.

SEC. 4. RESTRICTION ON IMPORTATION OR ENTRY.

    (a) In General.--The Secretary may prohibit or restrict--
            (1) the importation or entry of any animal, article, or 
        means of conveyance, or use of any means of conveyance or 
        facility, if the Secretary determines that the prohibition or 
        restriction is necessary to prevent the introduction into or 
        dissemination within the United States of any pest or disease 
        of livestock;
            (2) the further movement of any animal that has strayed 
        into the United States if the Secretary determines that the 
        prohibition or restriction is necessary to prevent the 
        introduction into or dissemination within the United States of 
        any pest or disease of livestock; and
            (3) the use of any means of conveyance in connection with 
        the importation or entry of livestock if the Secretary 
        determines that the prohibition or restriction is necessary 
        because the means of conveyance has not been maintained in a 
        clean and sanitary condition or does not have accommodations 
        for the safe and proper movement of livestock.
    (b) Regulations.--The Secretary may promulgate regulations 
requiring that any animal imported or entered be raised or handled 
under post-importation quarantine conditions by or under the 
supervision of the Secretary for the purpose of determining whether the 
animal is or may be affected by any pest or disease of livestock.
    (c) Destruction or Removal.--
            (1) In general.--The Secretary may order the destruction or 
        removal from the United States of--
                    (A) any animal, article, or means of conveyance 
                that has been imported but has not entered the United 
                States if the Secretary determines that destruction or 
                removal from the United States is necessary to prevent 
                the introduction into or dissemination within the 
                United States of any pest or disease of livestock;
                    (B) any animal or progeny of any animal, article, 
                or means of conveyance that has been imported or 
                entered in violation of this Act; or
                    (C) any animal that has strayed into the United 
                States if the Secretary determines that destruction or 
                removal from the United States is necessary to prevent 
                the introduction into or dissemination within the 
                United States of any pest or disease of livestock.
            (2) Requirements of owners.--
                    (A) Orders to disinfect.--The Secretary may require 
                the disinfection of--
                            (i) a means of conveyance used in 
                        connection with the importation of an animal;
                            (ii) an individual involved in the 
                        importation of an animal and personal articles 
                        of the individual; and
                            (iii) any article used in the importation 
                        of an animal.
                    (B) Failure to comply with orders.--If an owner 
                fails to comply with an order of the Secretary under 
                this section, the Secretary may--
                            (i) take remedial action, destroy, or 
                        remove from the United States the animal or 
                        progeny of any animal, article, or means of 
                        conveyance as authorized under paragraph (1); 
                        and
                            (ii) recover from the owner the costs of 
                        any care, handling, disposal, or other action 
                        incurred by the Secretary in connection with 
                        the remedial action, destruction, or removal.

SEC. 5. EXPORTATION.

    (a) In General.--The Secretary may prohibit or restrict--
            (1) the exportation of any animal, article, or means of 
        conveyance if the Secretary determines that the prohibition or 
        restriction is necessary to prevent the dissemination from or 
        within the United States of any pest or disease of livestock;
            (2) the exportation of any livestock if the Secretary 
        determines that the livestock is unfit to be moved;
            (3) the use of any means of conveyance or facility in 
        connection with the exportation of any animal or article if the 
        Secretary determines that the prohibition or restriction is 
        necessary to prevent the dissemination from or within the 
        United States of any pest or disease of livestock; or
            (4) the use of any means of conveyance in connection with 
        the exportation of livestock if the Secretary determines that 
        the prohibition or restriction is necessary because the means 
        of conveyance has not been maintained in a clean and sanitary 
        condition or does not have accommodations for the safe and 
        proper movement and humane treatment of livestock.
    (b) Requirements of Owners.--
            (1) Orders to disinfect.--The Secretary may require the 
        disinfection of--
                    (A) a means of conveyance used in connection with 
                the exportation of an animal;
                    (B) an individual involved in the exportation of an 
                animal and personal articles of the individual; and
                    (C) any article used in the exportation of an 
                animal.
            (2) Failure to comply with orders.--If an owner fails to 
        comply with an order of the Secretary under this section, the 
        Secretary may--
                    (A) take remedial action with respect to the 
                animal, article, or means of conveyance referred to in 
                paragraph (1); and
                    (B) recover from the owner the costs of any care, 
                handling, disposal, or other action incurred by the 
                Secretary in connection with the remedial action.
    (c) Certification.--The Secretary may certify the classification, 
quality, quantity, condition, processing, handling, or storage of any 
animal or article intended for export.

SEC. 6. INTERSTATE MOVEMENT.

    The Secretary may prohibit or restrict--
            (1) the movement in interstate commerce of any animal, 
        article, or means of conveyance if the Secretary determines 
        that the prohibition or restriction is necessary to prevent the 
        introduction or dissemination of any pest or disease of 
        livestock; and
            (2) the use of any means of conveyance or facility in 
        connection with the movement in interstate commerce of any 
        animal or article if the Secretary determines that the 
        prohibition or restriction is necessary to prevent the 
        introduction or dissemination of any pest or disease of 
        livestock.

SEC. 7. SEIZURE, QUARANTINE, AND DISPOSAL.

    (a) In General.--The Secretary may hold, seize, quarantine, treat, 
destroy, dispose of, or take other remedial action with respect to--
            (1) any animal or progeny of any animal, article, or means 
        of conveyance that--
                    (A) is moving or has been moved in interstate 
                commerce or has been imported and entered; and
                    (B) the Secretary has reason to believe may carry, 
                may have carried, or may have been affected with or 
                exposed to any pest or disease of livestock at the time 
                of movement or that is otherwise in violation of this 
                Act;
            (2) any animal or progeny of any animal, article, or means 
        of conveyance that is moving or is being handled, or has moved 
        or has been handled, in interstate commerce in violation of 
        this Act;
            (3) any animal or progeny of any animal, article, or means 
        of conveyance that has been imported, and is moving or is being 
        handled or has moved or has been handled, in violation of this 
        Act; or
            (4) any animal or progeny of any animal, article, or means 
        of conveyance that the Secretary finds is not being maintained, 
        or has not been maintained, in accordance with any post-
        importation quarantine, post-importation condition, post-
        movement quarantine, or post-movement condition in accordance 
        with this Act.
    (b) Extraordinary Emergencies.--
            (1) In general.--Subject to paragraph (2), if the Secretary 
        determines that an extraordinary emergency exists because of 
        the presence in the United States of a pest or disease of 
        livestock and that the presence of the pest or disease 
        threatens the livestock of the United States, the Secretary 
        may--
                    (A) hold, seize, treat, apply other remedial 
                actions to, destroy (including preventative slaughter), 
                or otherwise dispose of, any animal, article, facility, 
                or means of conveyance if the Secretary determines the 
                action is necessary to prevent the dissemination of the 
                pest or disease; and
                    (B) prohibit or restrict the movement or use within 
                a State, or any portion of a State of any animal or 
                article, means of conveyance, or facility if the 
                Secretary determines that the prohibition or 
                restriction is necessary to prevent the dissemination 
                of the pest or disease.
            (2) State action.--
                    (A) In general.--The Secretary may take action in a 
                State under this subsection only on finding that 
                measures being taken by the State are inadequate to 
                control or eradicate the pest or disease, after review 
                and consultation with--
                            ``(i) the Governor or an appropriate animal 
                        health official of the State; or
                            ``(ii) in the case of any animal, article, 
                        facility, or means of conveyance under the 
                        jurisdiction of an Indian tribe, the head of 
                        the Indian tribe.
                    (B) Notice.--Subject to subparagraph (C), before 
                any action is taken in a State under subparagraph (A), 
                the Secretary shall--
                            (i) notify the Governor, an appropriate 
                        animal health official of the State, or head of 
                        the Indian tribe of the proposed action;
                            (ii) issue a public announcement of the 
                        proposed action; and
                            (iii) publish in the Federal Register--
                                    (I) the findings of the Secretary;
                                    (II) a description of the proposed 
                                action; and
                                    (III) a statement of the reasons 
                                for the proposed action.
                    (C) Notice after action.--If it is not practicable 
                to publish in the Federal Register the information 
                required under subparagraph (B)(iii) before taking 
                action under subparagraph (A), the Secretary shall 
                publish the information as soon as practicable, but not 
                later than 10 business days, after commencement of the 
                action.
    (c) Quarantine, Disposal, or Other Remedial Action.--
            (1) In general.--The Secretary, in writing, may order the 
        owner of any animal, article, facility, or means of conveyance 
        referred to in subsection (a) or (b) to maintain in quarantine, 
        dispose of, or take other remedial action with respect to the 
        animal, article, facility, or means of conveyance, in a manner 
        determined by the Secretary.
            (2) Failure to comply with orders.--If the owner fails to 
        comply with the order of the Secretary, the Secretary may--
                    (A) seize, quarantine, dispose of, or take other 
                remedial action with respect to the animal, article, 
                facility, or means of conveyance under subsection (a) 
                or (b); and
                    (B) recover from the owner the costs of any care, 
                handling, disposal, or other remedial action incurred 
                by the Secretary in connection with the seizure, 
                quarantine, disposal, or other remedial action.
    (d) Compensation.--
            (1) In general.--Except as provided in paragraph (3), the 
        Secretary shall compensate the owner of any animal, article, 
        facility, or means of conveyance that the Secretary requires to 
        be destroyed under this section.
            (2) Amount.--
                    (A) In general.--Subject to subparagraphs (B) and 
                (C), the compensation shall be based on the fair market 
                value, as determined by the Secretary, of the destroyed 
                animal, article, facility, or means of conveyance.
                    (B) Limitation.--Compensation paid any owner under 
                this subsection shall not exceed the difference 
                between--
                            (i) the fair market value of the destroyed 
                        animal, article, facility, or means of 
                        conveyance; and
                            (ii) any compensation received by the owner 
                        from a State or other source for the destroyed 
                        animal, article, facility, or means of 
                        conveyance.
                    (C) Reviewability of determination.--The 
                determination by the Secretary of the amount to be paid 
                under this subsection shall be final and not subject to 
                judicial review.
            (3) Exceptions.--No payment shall be made by the Secretary 
        under this subsection for--
                    (A) any animal, article, facility, or means of 
                conveyance that has been moved or handled by the owner 
                in violation of an agreement for the control and 
                eradication of diseases or pests or in violation of 
                this Act;
                    (B) any progeny of any animal or article, which 
                animal or article has been moved or handled by the 
                owner of the animal or article in violation of this 
                Act;
                    (C) any animal, article, or means of conveyance 
                that is refused entry under this Act; or
                    (D) any animal, article, facility, or means of 
                conveyance that becomes or has become affected with or 
                exposed to any pest or disease of livestock because of 
                a violation of an agreement for the control and 
                eradication of diseases or pests or a violation of this 
                Act by the owner.

SEC. 8. INSPECTIONS, SEIZURES, AND WARRANTS.

    (a) Guidelines.--The activities authorized by this section shall be 
carried out consistent with guidelines approved by the Attorney 
General.
    (b) Warrantless Inspections.--The Secretary may stop and inspect, 
without a warrant, any person or means of conveyance moving--
            (1) into the United States, to determine whether the person 
        or means of conveyance is carrying any animal or article 
        regulated under this Act;
            (2) in interstate commerce, on probable cause to believe 
        that the person or means of conveyance is carrying any animal 
        or article regulated under this Act; or
            (3) in intrastate commerce from any State, or any portion 
        of a State, quarantined under section 7(b), on probable cause 
        to believe that the person or means of conveyance is carrying 
        any animal or article quarantined under section 7(b).
    (c) Inspections With Warrants.--
            (1) In general.--The Secretary may enter, with a warrant, 
        any premises in the United States for the purpose of making 
inspections and seizures under this Act.
            (2) Application and issuance of warrants.--
                    (A) In general.--On proper oath or affirmation 
                showing probable cause to believe that there is on 
                certain premises any animal, article, facility, or 
                means of conveyance regulated under this Act, a United 
                States judge, a judge of a court of record in the 
                United States, or a United States magistrate judge may 
                issue a warrant for the entry on premises within the 
                jurisdiction of the judge or magistrate to make any 
                inspection or seizure under this Act.
                    (B) Execution.--The warrant may be applied for and 
                executed by the Secretary or any United States marshal.

SEC. 9. DETECTION, CONTROL, AND ERADICATION OF DISEASES AND PESTS.

    (a) In General.--The Secretary may carry out operations and 
measures to detect, control, or eradicate any pest or disease of 
livestock (including the drawing of blood and diagnostic testing of 
animals), including animals at a slaughterhouse, stockyard, or other 
point of concentration.
    (b) Compensation.--The Secretary may pay a claim arising out of the 
destruction of any animal, article, or means of conveyance consistent 
with the purposes of this Act.

SEC. 10. VETERINARY ACCREDITATION PROGRAM.

    (a) In General.--The Secretary may establish a veterinary 
accreditation program that is consistent with this Act, including the 
establishment of standards of conduct for accredited veterinarians.
    (b) Consultation.--The Secretary shall consult with State animal 
health officials regarding the establishment of the veterinary 
accreditation program.

SEC. 11. COOPERATION.

    (a) In General.--To carry out this Act, the Secretary may cooperate 
with other Federal agencies, States or political subdivisions of 
States, national governments of foreign countries, local governments of 
foreign countries, domestic or international organizations, domestic or 
international associations, Indian tribes, and other persons.
    (b) Responsibility.--The person or other entity cooperating with 
the Secretary shall be responsible for the authority necessary to carry 
out operations or measures--
            (1) on all land and property within a foreign country or 
        State, or under the jurisdiction of an Indian tribe, other than 
        on land and property owned or controlled by the United States; 
        and
            (2) using other facilities and means, as determined by the 
        Secretary.
    (c) Screwworms.--
            (1) In general.--The Secretary may, independently or in 
        cooperation with national governments of foreign countries or 
        international organizations or associations, produce and sell 
        sterile screwworms to any national government of a foreign 
        country or international organization or association, if the 
        Secretary determines that the livestock industry and related 
        industries of the United States will not be adversely affected 
        by the production and sale.
            (2) Proceeds.--
                    (A) Independent production and sale.--If the 
                Secretary independently produces and sells sterile 
                screwworms under paragraph (1), the proceeds of the 
                sale shall be--
                            (i) deposited into the Treasury of the 
                        United States; and
                            (ii) credited to the account from which the 
                        operating expenses of the facility producing 
                        the sterile screwworms have been paid.
                    (B) Cooperative production and sale.--
                            (i) In general.--If the Secretary 
                        cooperates to produce and sell sterile 
                        screwworms under paragraph (1), the proceeds of 
                        the sale shall be divided between the United 
                        States and the cooperating national government 
                        or international organization or association in 
                        a manner determined by the Secretary.
                            (ii) Account.--The United States portion of 
                        the proceeds shall be--
                                    (I) deposited into the Treasury of 
                                the United States; and
                                    (II) credited to the account from 
                                which the operating expenses of the 
                                facility producing the sterile 
                                screwworms have been paid.
    (d) Cooperation in Program Administration.--The Secretary may 
cooperate with State authorities, Indian tribe authorities, or other 
persons in the administration of regulations for the improvement of 
livestock and livestock products.
    (e) Consultation With Other Federal Agencies.--
            (1) In general.--The Secretary shall consult with the head 
        of a Federal agency with respect to any activity that is under 
        the jurisdiction of the Federal agency.
            (2) Lead agency.--The Department of Agriculture shall be 
        the lead agency with respect to issues related to pests and 
        diseases of livestock.

SEC. 12. REIMBURSABLE AGREEMENTS.

    (a) Authority To Enter Into Agreements.--The Secretary may enter 
into reimbursable fee agreements with persons for preclearance of 
animals or articles at locations outside the United States for movement 
into the United States.
    (b) Funds Collected for Preclearance.--Funds collected for 
preclearance activities shall--
            (1) be credited to accounts that may be established by the 
        Secretary for carrying out this section; and
            (2) remain available until expended for the preclearance 
        activities, without fiscal year limitation.
    (c) Payment of Employees.--
            (1) In general.--Notwithstanding any other law, the 
        Secretary may pay an officer or employee of the Department of 
        Agriculture performing services under this Act relating to 
        imports into and exports from the United States for all 
        overtime, night, or holiday work performed by the officer or 
        employee at a rate of pay determined by the Secretary.
            (2) Reimbursement.--
                    (A) In general.--The Secretary may require a person 
                for whom the services are performed to reimburse the 
                Secretary for any expenses paid by the Secretary for 
                the services under this subsection.
                    (B) Use of funds.--All funds collected under this 
                subsection shall--
                            (i) be credited to the account that incurs 
                        the costs; and
                            (ii) remain available until expended, 
                        without fiscal year limitation.
    (d) Late Payment Penalties.--
            (1) Collection.--On failure by a person to reimburse the 
        Secretary in accordance with this section, the Secretary may 
        assess a late payment penalty against the person, including 
        interest on overdue funds, as required by section 3717 of title 
        31, United States Code.
            (2) Use of funds.--Any late payment penalty and any accrued 
        interest shall--
                    (A) be credited to the account that incurs the 
                costs; and
                    (B) remain available until expended, without fiscal 
                year limitation.

SEC. 13. ADMINISTRATION AND CLAIMS.

    (a) Administration.--To carry out this Act, the Secretary may--
            (1) acquire and maintain real or personal property;
            (2) employ a person;
            (3) make a grant; and
            (4) notwithstanding chapter 63 of title 31, United States 
        Code, enter into a contract, cooperative agreement, memorandum 
        of understanding, or other agreement.
    (b) Tort Claims.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary may pay a tort claim, in the manner authorized by the 
        first paragraph of section 2672 of title 28, United States 
        Code, if the claim arises outside the United States in 
        connection with an activity authorized under this Act.
            (2) Requirements.--A claim may not be allowed under this 
        subsection unless the claim is presented in writing to the 
        Secretary not later than 2 years after the date on which the 
        claim arises.

SEC. 14. PENALTIES.

    (a) Criminal Penalties.--Any person that knowingly violates this 
Act, or that knowingly forges, counterfeits, or, without authority from 
the Secretary, uses, alters, defaces, or destroys any certificate, 
permit, or other document provided under this Act shall be guilty of a 
misdemeanor, and, on conviction, shall be fined in accordance with 
title 18, United States Code, imprisoned not more than 1 year, or both.
    (b) Civil Penalties.--
            (1) In general.--Any person that violates this Act, or that 
        forges, counterfeits, or, without authority from the Secretary, 
        uses, alters, defaces, or destroys any certificate, permit, or 
        other document provided under this Act may, after notice and 
        opportunity for a hearing on the record, be assessed a civil 
        penalty by the Secretary that does not exceed the greater of--
                    (A)(i) $50,000 in the case of any individual, 
                except that the civil penalty may not exceed $1,000 in 
                the case of an initial violation of this Act by an 
                individual moving regulated articles not for monetary 
                gain;
                    (ii) $250,000 in the case of any other person for 
                each violation; and
                    (iii) $500,000 for all violations adjudicated in a 
                single proceeding; or
                    (B) twice the gross gain or gross loss for any 
                violation or forgery, counterfeiting, or unauthorized 
                use, alteration, defacing or destruction of a 
                certificate, permit, or other document provided under 
                this Act that results in the person's deriving 
                pecuniary gain or causing pecuniary loss to another 
                person.
            (2) Factors in determining civil penalty.--In determining 
        the amount of a civil penalty, the Secretary shall take into 
        account the nature, circumstance, extent, and gravity of the 
        violation or violations and the Secretary may consider, with 
        respect to the violator--
                    (A) the ability to pay;
                    (B) the effect on ability to continue to do 
                business;
                    (C) any history of prior violations;
                    (D) the degree of culpability; and
                    (E) such other factors as the Secretary considers 
                to be appropriate.
            (3) Settlement of civil penalties.--The Secretary may 
        compromise, modify, or remit, with or without conditions, any 
        civil penalty that may be assessed under this subsection.
            (4) Finality of orders.--
                    (A) Final order.--The order of the Secretary 
                assessing a civil penalty shall be treated as a final 
                order reviewable under chapter 158 of title 28, United 
                States Code.
                    (B) Review.--The validity of the order of the 
                Secretary may not be reviewed in an action to collect 
                the civil penalty.
                    (C) Interest.--Any civil penalty not paid in full 
                when due under an order assessing the civil penalty 
                shall thereafter accrue interest until paid at the rate 
                of interest applicable to civil judgments of the courts 
                of the United States.
    (c) Suspension or Revocation of Accreditation.--
            (1) In general.--The Secretary may, after notice and 
        opportunity for a hearing on the record, suspend or revoke the 
        accreditation of any veterinarian accredited under this Act 
        that violates this Act.
            (2) Final order.--The order of the Secretary suspending or 
        revoking accreditation shall be treated as a final order 
        reviewable under chapter 158 of title 28, United States Code.
            (3) Summary suspension.--
                    (A) In general.--Notwithstanding paragraph (1), the 
                Secretary may summarily suspend the accreditation of a 
                veterinarian who the Secretary has reason to believe 
                has violated this Act.
                    (B) Hearings.--The Secretary shall provide the 
                accredited veterinarian with a subsequent notice and an 
                opportunity for a prompt post-suspension hearing on the 
                record.
    (d) Liability for Acts of Agents.--In the construction and 
enforcement of this Act, the act, omission, or failure of any officer, 
agent, or person acting for or employed by any other person within the 
scope of the employment or office of the officer, agent, or person, 
shall be deemed also to be the act, omission, or failure of the other 
person.
    (e) Guidelines for Civil Penalties.--The Secretary shall coordinate 
with the Attorney General to establish guidelines to determine under 
what circumstances the Secretary may issue a civil penalty or suitable 
notice of warning in lieu of prosecution by the Attorney General of a 
violation of this Act.

SEC. 15. ENFORCEMENT.

    (a) Collection of Information.--
            (1) In general.--The Secretary may gather and compile 
        information and conduct any inspection or investigation that 
        the Secretary considers to be necessary for the administration 
        or enforcement of this Act.
            (2) Subpoenas.--
                    (A) In general.--The Secretary shall have power to 
                issue a subpoena to compel the attendance and testimony 
                of any witness and the production of any documentary 
                evidence relating to the administration or enforcement 
                of this Act or any matter under investigation in 
                connection with this Act.
                    (B) Location of production.--The attendance of any 
                witness and production of documentary evidence relevant 
                to the inquiry may be required from any place in the 
                United States.
                    (C) Enforcement.--
                            (i) In general.--In case of disobedience to 
                        a subpoena by any person, the Secretary may 
                        request the Attorney General to invoke the aid 
                        of any court of the United States within the 
                        jurisdiction in which the investigation is 
                        conducted, or where the person resides, is 
                        found, transacts business, is licensed to do 
                        business, or is incorporated, to require the 
                        attendance and testimony of any witness and the 
                        production of documentary evidence.
                            (ii) Noncompliance.--In case of a refusal 
                        to obey a subpoena issued to any person, a 
                        court may order the person to appear before the 
                        Secretary and give evidence concerning the 
                        matter in question or to produce documentary 
                        evidence.
                            (iii) Contempt.--Any failure to obey the 
                        order of the court may be punished by the court 
                        as contempt of the court.
                    (D) Compensation.--
                            (i) Witnesses.--A witness summoned by the 
                        Secretary under this Act shall be paid the same 
                        fees and mileage that are paid to a witness in 
                        a court of the United States.
                            (ii) Depositions.--A witness whose 
                        deposition is taken, and the person taking the 
                        deposition, shall be entitled to the same fees 
                        that are paid for similar services in a court 
                        of the United States.
                    (E) Procedures.--
                            (i) Publication.--The Secretary shall 
                        publish procedures for the issuance of 
                        subpoenas under this section.
                            (ii) Review.--The procedures shall include 
                        a requirement that subpoenas be reviewed for 
                        legal sufficiency and, to be effective, be 
                        signed by the Secretary.
                            (iii) Delegation.--If the authority to sign 
                        a subpoena is delegated to an agency other than 
                        the Office of Administrative Law Judges, the 
                        agency receiving the delegation shall seek 
                        review of the subpoena for legal sufficiency 
                        outside that agency.
    (b) Authority of Attorney General.--The Attorney General may--
            (1) prosecute, in the name of the United States, all 
        criminal violations of this Act that are referred to the 
        Attorney General by the Secretary or are brought to the notice 
        of the Attorney General by any person;
            (2) bring an action to enjoin the violation of or to compel 
        compliance with this Act, or to enjoin any interference by any 
        person with the Secretary in carrying out this Act, in any case 
        in which the Secretary has reason to believe that the person 
        has violated, or is about to violate this Act or has 
        interfered, or is about to interfere, with the actions of the 
        Secretary; or
            (3) bring an action for the recovery of any unpaid civil 
        penalty, funds under a reimbursable agreement, late payment 
        penalty, or interest assessed under this Act.
    (c) Court Jurisdiction.--
            (1) In general.--The United States district courts, the 
        District Court of Guam, the District Court of the Northern 
        Mariana Islands, the District Court of the Virgin Islands, the 
        highest court of American Samoa, and the United States courts 
        of the other territories and possessions are vested with 
        jurisdiction in all cases arising under this Act.
            (2) Venue.--Any action arising under this Act may be 
        brought, and process may be served, in the judicial district 
        where a violation or interference occurred or is about to 
        occur, or where the person charged with the violation, 
        interference, impending violation, impending interference, or 
        failure to pay resides, is found, transacts business, is 
        licensed to do business, or is incorporated.
            (3) Exception.--Paragraphs (1) and (2) do not apply to 
        subsections (b) and (c) of section 14.

SEC. 16. REGULATIONS AND ORDERS.

    The Secretary may promulgate such regulations, and issue such 
orders, as the Secretary determines necessary to carry out this Act.

SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to carry out this Act.
    (b) Transfer of Funds.--
            (1) In general.--In connection with an emergency under 
        which a pest or disease of livestock threatens any segment of 
        agricultural production in the United States, the Secretary may 
        transfer from other appropriations or funds available to the 
        agencies or corporations of the Department of Agriculture such 
        funds as the Secretary determines are necessary for the arrest, 
        control, eradication, or prevention of the spread of the pest 
        or disease of livestock and for related expenses.
            (2) Availability.--Any funds transferred under this 
        subsection shall remain available until expended, without 
        fiscal year limitation.
    (c) Use of Funds.--In carrying out this Act, the Secretary may use 
funds made available to carry out this Act for--
            (1) printing and binding, without regard to section 501 of 
        title 44, United States Code;
            (2) the employment of civilian nationals in foreign 
        countries; and
            (3) the construction and operation of research 
        laboratories, quarantine stations, and other buildings and 
        facilities for special purposes.

SEC. 18. REPEALS AND CONFORMING AMENDMENTS.

    (a) Repeals.--The following provisions of law are repealed:
            (1) Public Law 97-46 (7 U.S.C. 147b).
            (2) Section 101(b) of the Act of September 21, 1944 (7 
        U.S.C. 429).
            (3) The Act of August 28, 1950 (7 U.S.C. 2260).
            (4) Section 919 of the Federal Agriculture Improvement and 
        Reform Act of 1996 (7 U.S.C. 2260a).
            (5) Section 306 of the Tariff Act of 1930 (19 U.S.C. 1306).
            (6) Sections 6 through 8 and 10 of the Act of August 30, 
        1890 (21 U.S.C. 102 through 105).
            (7) The Act of February 2, 1903 (21 U.S.C. 111, 120 through 
        122).
            (8) Sections 2 through 9, 11, and 13 of the Act of May 29, 
        1884 (21 U.S.C. 112, 113, 114, 114a, 114a-1, 115 through 120, 
        130).
            (9) The first section and sections 2, 3, and 5 of the Act 
        of February 28, 1947 (21 U.S.C. 114b, 114c, 114d, 114d-1).
            (10) The Act of June 16, 1948 (21 U.S.C. 114e, 114f).
            (11) Public Law 87-209 (21 U.S.C. 114g, 114h).
            (12) Section 2506 of the Food, Agriculture, Conservation, 
        and Trade Act of 1990 (21 U.S.C. 114i).
            (13) The third and fourth provisos of the fourth paragraph 
        under the heading ``bureau of animal industry'' of the Act of 
        May 31, 1920 (21 U.S.C. 116).
            (14) The first section and sections 2, 3, 4, and 6 of the 
        Act of March 3, 1905 (21 U.S.C. 123 through 127).
            (15) The first proviso under the heading ``General 
        expenses, Bureau of Animal Industry'' under the heading 
        ``BUREAU OF ANIMAL INDUSTRY'' of the Act of June 30, 1914 (21 
        U.S.C. 128).
            (16) The fourth proviso under the heading ``salaries and 
        expenses'' under the heading ``Animal and Plant Health 
        Inspection Service'' of title I of the Agriculture, Rural 
        Development, Food and Drug Administration, and Related Agencies 
        Appropriations Act, 2001 (21 U.S.C. 129).
            (17) The third paragraph under the heading 
        ``MISCELLANEOUS'' of the Act of May 26, 1910 (21 U.S.C. 131).
            (18) The first section and sections 2 through 6 and 11 
        through 13 of Public Law 87-518 (21 U.S.C. 134 through 134h).
            (19) Public Law 91-239 (21 U.S.C. 135 through 135b).
            (20) Sections 12 through 14 of the Federal Meat Inspection 
        Act (21 U.S.C. 612 through 614).
            (21) Chapter 39 of title 46, United States Code.
    (b) Conforming Amendments.--
            (1) Section 414(b) of the Plant Protection Act (7 U.S.C. 
        7714(b)) is amended--
                    (A) in paragraph (1), by striking ``, or the 
                owner's agent,''; and
                    (B) in paragraph (2), by striking ``or agent of the 
                owner'' each place it appears.
            (2) Section 423 of the Plant Protection Act (7 U.S.C. 7733) 
        is amended--
                    (A) by striking subsection (b) and inserting the 
                following:
    ``(b) Location of Production.--The attendance of any witness and 
production of documentary evidence relevant to the inquiry may be 
required from any place in the United States.'';
                    (B) in the third sentence of subsection (e), by 
                inserting ``to an agency other than the Office of 
                Administrative Law Judges'' after ``is delegated''; and
                    (C) by striking subsection (f).
            (3) Section 11(h) of the Endangered Species Act of 1973 (16 
        U.S.C. 1540(h)) is amended in the first sentence by striking 
        ``animal quarantine laws (21 U.S.C. 101-105, 111-135b, and 612-
        614)'' and inserting ``animal quarantine laws (as defined in 
        section 2509(f) of the Food, Agriculture, Conservation, and 
        Trade Act of 1990 (21 U.S.C. 136a(f))''.
            (4) Section 18 of the Federal Meat Inspection Act (21 
        U.S.C. 618) is amended by striking ``of the cattle'' and all 
        that follows through ``as herein described'' and inserting ``of 
        the carcasses and products of cattle, sheep, swine, goats, 
        horses, mules, and other equines''.
            (5) Section 2509 of the Food, Agriculture, Conservation, 
        and Trade Act of 1990 (21 U.S.C. 136a) is amended--
                    (A) in subsection (c), by inserting after paragraph 
                (1) the following:
            ``(2) Veterinary diagnostics.--The Secretary may prescribe 
        and collect fees to recover the costs of carrying out the 
        provisions of the Animal Health Protection Act that relate to 
        veterinary diagnostics.''; and
                    (B) in subsection (f)(1), by striking subparagraphs 
                (B) through (O) and inserting the following:
                    ``(B) section 9 of the Act of August 30, 1890 (21 
                U.S.C. 101);
                    ``(C) the Animal Health Protection Act; or
                    ``(D) any other Act administered by the Secretary 
                relating to plant or animal diseases or pests.''.
    (c) Effect on Regulations.--A regulation issued under a provision 
of law repealed by subsection (a) shall remain in effect until the 
Secretary issues a regulation under section 16 that supersedes the 
earlier regulation.
                                 <all>