118 S2235 IS: Healthy Poultry Assistance and Indemnification Act of 2023 U.S. Senate 2023-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 2235IN THE SENATE OF THE UNITED STATESJuly 11, 2023Mr. Coons (for himself, Mr. Wicker, Mr. Cardin, Mr. Casey, Mr. Cotton, Mr. Fetterman, Mr. Graham, Mr. Ossoff, Mr. Ricketts, Ms. Smith, Mr. Tillis, Mr. Tuberville, Mr. Van Hollen, and Mr. Boozman) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryA BILLTo amend the Animal Health Protection Act to provide compensation for poultry growers and layers in control areas, and for other purposes.

1.

Short title

This Act may be cited as the Healthy Poultry Assistance and Indemnification Act of 2023.

2.

Compensation for poultry growers and layers in control areas

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

Compensation for poultry growers and layers in control areas

(1)

Definition of control area

In this subsection, the term control area means a Control Area determined by the Administrator of the Animal and Plant Health Inspection Service.(2)

Compensation

(A)

In general

Except as provided in paragraph (3), the Secretary shall compensate the owner of a poultry growing or laying facility that is located within a control area.(B)

Amount

(i)

In general

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

Limitation

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

Timing

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

Exceptions

(A)

In general

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

Compensation for destroyed animals

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