[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9552 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9552

To amend the Animal Health Protection Act to increase transparency with 
 respect to livestock and poultry depopulation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 14, 2022

 Ms. Jayapal introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
To amend the Animal Health Protection Act to increase transparency with 
 respect to livestock and poultry depopulation, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transparency in Depopulation Act''.

SEC. 2. INCREASING TRANSPARENCY WITH RESPECT TO LIVESTOCK AND POULTRY 
              DEPOPULATION.

    The Animal Health Protection Act (7 U.S.C. 8301 et seq.) is amended 
by inserting after section 10407 (7 U.S.C. 8306) the following:

``SEC. 10407A. INCREASING TRANSPARENCY WITH RESPECT TO LIVESTOCK AND 
              POULTRY DEPOPULATION.

    ``(a) In General.--A covered person who has performed depopulation 
shall submit to the Secretary a report within 2 business days of 
carrying out such a depopulation. The report shall specify--
            ``(1) the reason depopulation was performed;
            ``(2) the date on which depopulation and disposal occurred;
            ``(3) the location at which the depopulation occurred and 
        the location at which the animal carcasses were ultimately 
        disposed of;
            ``(4) the office of jurisdiction within the Department of 
        Agriculture for the location of depopulation and disposal;
            ``(5) the depopulation and disposal methods utilized;
            ``(6) the number, species, and breed of depopulated 
        animals;
            ``(7) the efficacy of the depopulation, measured by the 
        percentage of animal mortality reached after the depopulation 
        is complete;
            ``(8) the intended product of depopulated animals;
            ``(9) the total cost of depopulation;
            ``(10) the total cost of disposal;
            ``(11) in the case of a covered person who is the recipient 
        of relief funds under any program administered by the Secretary 
        of Agriculture, the name of such person; and
            ``(12) a detailed summary of all relief funds received.
    ``(b) Public Database of Depopulation and Disposal Records.--The 
Secretary, acting through the Administrator of the Animal and Plant 
Health Inspection Services, shall create and publish an online database 
of the information reported pursuant to subsection (a) that is 
accessible to the public. Such database shall be updated within 5 
business days of receipt of information with respect to each instance 
of depopulation.
    ``(c) Prohibition on Funding Ventilation Shutdown.--No Federal 
relief funds may be used--
            ``(1) to facilitate the use of the ventilation shutdown 
        method or ventilation shutdown plus as a method of depopulation 
        for animals; or
            ``(2) to compensate covered persons for animals killed 
        using any such method as a method of depopulation for animals.
    ``(d) Penalty.--Any person that violates the prohibition specified 
in subsection (c) may be assessed a civil penalty of up to $10,000 per 
violation. Each instance of the use of a method of depopulation 
prohibited under subsection (c) shall be considered a violation.
    ``(e) Definitions.--In this section:
            ``(1) The term `covered person' means a person who--
                    ``(A) owns or operates an animal feeding operation 
                or owns animals confined in an animal feeding 
                operation;
                    ``(B) is the recipient of Federal relief funds; and
                    ``(C) has engaged in, ordered, or allowed for the 
                depopulation of animals.
            ``(2) The term `depopulation' means the rapid destruction 
        of a population of animals in response to urgent circumstances 
        with as much consideration given to the welfare of the animals 
        as practicable.
            ``(3) The term `relief funds' means funds received through 
        an emergency loan or other form of support, whether provided 
        directly from the Federal Government, or indirectly through 
        third parties (including State or local entities), including 
        any indemnification payments, subsidies, advice, or assets from 
        the National Veterinary Stockpile.
            ``(4) The term `ventilation shutdown method' means a method 
        of animal depopulation that involves sealing the building in 
        which animals are confined, shutting the inlets, and turning 
        off the fans in order to raise the temperature in the building 
        until the animals die from hyperthermia and hypoxia.
            ``(5) The term `ventilation shutdown plus method' means the 
        ventilation shutdown method that involves the use of additional 
        heat sources or CO2.''.
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