Chemical Plant Security

Chemical Plant Security

Order Code RL31350
CRS Report for Congress
Received through the CRS Web
Updating Animal Health Protection Statutes:
Comparison of Current Law with Senate Farm Bill
and House Proposals
April 4, 2002
Alejandro E. Segarra
Agricultural Policy Analyst
Resources, Science, and Industry Division
Congressional Research Service ˜ The Library of Congress

Updating Animal Health Protection Statutes:
Comparison of Current Law with Senate Farm Bill and
House Proposals
Summary
Congress is considering measures that would consolidate and modernize the
statutes authorizing the U.S. Department of Agriculture’s (USDA) animal health
protection activities. Currently, over 20 different statutes, some dating back more
than a century, authorize the Department’s Animal and Plant Health Inspection
Service (APHIS) to protect U.S. animal agriculture through border inspections and
quarantine, domestic surveillance and eradication programs, and related activities.
A broad consensus has developed over the last two decades between producers,
industry groups and policymakers on the need to reform and update the statutes to
meet new challenges posed by trade globalization, emerging animal diseases, and the
threat of bioterrorism. Congress passed analogous legislation consolidating,
reforming, and reauthorizing APHIS’s plant protection statutes in 2000.
Two proposals under consideration, one free-standing (H.R. 2002) and the other
contained in Title IX of the Senate-passed farm bill (H.R. 2646), would seek to
consolidate and modernize animal health protection authorities. While most of the
authorities contained in these proposals come from existing law, some new provisions
aim to address new disease threats, enhance investigatory powers, impose stiffer
penalties, and substantially increase the consistency between APHIS’s animal health
protection and plant health protection laws. Among the new authorities proposed are:
! Expanded definition of disease to include new threats such as mad-cow
disease;
! Cost recovery from owners who fail to comply with orders for remedial action;
! Authority to stop and inspect persons or means of conveyance coming from
quarantined areas in intrastate commerce;
! Authority to carry out operations to detect, control, and eradicate pest and
diseases of livestock at slaughterhouses, stockyards, or any other points of
concentration;
! Codifying regulations for a Veterinary Accreditation Program;
! Stiffer criminal and civil penalty structures for smugglers and other violators;
! New power of subpoena for investigation and enforcement actions.

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Current Legislative Proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
New Authorities and Key Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Import and Export Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Interstate Movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Emergency Authorities: Seizure, Quarantine and Disposal . . . . . . . . . 4
Inspection, Seizures and Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Detection, Control, and Eradication of Diseases and Pests . . . . . . . . . 4
Veterinary Accreditation Program . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Consultations with Heads of Federal Agencies . . . . . . . . . . . . . . . . . . 5
Preclearance Inspections Abroad, Reimbursable Agreements,
and Payment of Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
List of Tables
Table 1. Comparison of Current Law with Provisions in H.R.2002
and H.R. 2646 EAS (Title X, Subtitle C). . . . . . . . . . . . . . . . . . . . . . . . . . 7

Updating Animal Health Protection Statutes:
Comparison of Current Law with the Senate
Farm Bill and House Proposals
Introduction
Background
Statutes authorizing the U.S. Department of Agriculture (USDA) to prevent the
introduction or dissemination of livestock and poultry diseases date back to the Act
of May 29, 1884. Since then, Congress has passed and periodically amended laws
giving the Secretary – through the Department’s Animal and Plant Health Inspection
Service (APHIS) – new authorities to deal with new or pressing animal health
protection issues. In all, over 20 separate statutes authorize the Secretary’s actions
in animal health protection. Current authorities allow APHIS to order mandatory
quarantine inspections for livestock imports, to protect U.S. export markets, to
restrict interstate livestock commerce during emergencies, to seize and dispose of
diseased livestock and property, to declare extraordinary emergencies, to compensate
owners for their losses, and to enforce laws and regulations through criminal and civil
penalties.
A broad consensus has developed over the last 25 years between producers,
industry groups and policymakers on the need to modernize and consolidate animal
health protection laws. Early congressional discussions on modernizing and
consolidating animal and plant health statutes began in the 1980s with hearings by the
House Committee on Agriculture. Later, in 1993, findings in an Office of
Technology Assessment report to Congress confirmed the need to consolidate and
modernize these authorities, calling present plant and animal health protection
authorities, “... a largely an uncoordinated patchwork of laws, regulations, policies,
and programs.”1
In 1994, legislation to modernize animal health statutes was first offered, and
later in 1995, a similar proposal was introduced to modernize plant protection laws.
Neither of these measures, nor subsequent proposals in the 104th and 105th
Congresses, was passed.
Separate consideration of reforms to the animal health and plant health statutes
continued between 1997 and 2000. In 1999, APHIS released a comprehensive
1U.S. Congress, Office of Technology Assessment. Harmful non-indigenous species in the
United States. OTA-F-565. Washington, D.C.: U.S. Government Printing Office, Sept.,
1993.

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stakeholder review of its plant protection laws and activities.2 The report, entitled
‘Safeguarding American Plant Resources,’ included the input of a broad audience of
producers, industry groups, consumers, and environmental groups. Consensus
recommendations from this document, and broad backing from producer and industry
groups were key factors for the passage and enactment of the Plant Protection Act
in 2000.3
In October 2001, the National Association of State Departments of Agriculture
(NASDA)4 published the ‘Animal Health Safeguarding Review.’ Similar to its
counterpart report on plant health protection, this document contains the consensus
recommendations of a broad array of stakeholders for strengthening criminal and civil
penalties for animal health violations and reforming the statutes to make them
consistent with the authorities given to the Secretary under the Plant Protection Act.
The Animal Health Safeguarding Review, among other things, identifies four key
issues that stakeholders maintain should be addressed in any reform of animal health
protection laws:
! Greater investigative powers – Current animal health statutes do not
authorize the Secretary to subpoena witnesses to assist in investigating
suspected violations. Agency officials cite the lack of subpoena authority as
a frequent hindrance to prosecuting violations.
! Increased Penalties: Under current law there is a maximum civil penalty of
$1,000 per violation, and up to $5,000 and 1 year imprisonment for criminal
violations. Industry and producer groups, increasingly aware of the great
potential for economic damage from diseases such as foot-and-mouth disease
or from acts of bioterrorism, have called for stiffer penalties and fines as a
deterrent to prevent illegal smuggling of animals and animal products into the
United States.
! Consistency with Plant Protection Statutes: The Plant Protection Act of
2000 gave the Secretary increased powers to recover the costs of remedial
actions from negligent owners, to preempt state actions in intrastate
commerce, to impose stiffer criminal and civil penalties, and to use subpoena
power to prosecute violations. Proponents of reform of the animal health
statutes argue that similar legislation covering animals is needed to establish
consistency between plant and animal authorities.
2 The report was prepared by the National Plant Board, an organization of plant pest
regulatory agencies from each state and the Commonwealth of Puerto Rico that serves APHIS
in an advisory capacity.
3 The new Plant Protection Act was enacted as a part of the Agricultural Risk Protection Act
of 2000 (P.L. 106-224; 114 STAT. 438; 7 USC §7701 et seq.).
4 The National Association of State Departments of Agriculture (NASDA) is a nonprofit
association of public officials representing the Commissioners, Secretaries, and Directors of
Agriculture in the fifty states and four territories.

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! Modernizing to Meet Challenge of New Diseases and Technologies.
Traditionally, USDA’s animal health protection actions were directed against
known contagious and infectious diseases (e.g., foot-and-mouth disease).
Today, new disease threats have appeared which have new or poorly
understood infectious agents, often with long incubation periods (e.g., mad
cow disease and chronic wasting disease of deer and elk). In addition,
proponents of statutory reform argue that clearer authority is needed to deal
with any threats that might emerge from animals produced through
biotechnology, or used by terrorists to harm U.S. agriculture.
Current Legislative Proposals
Two animal health protection bills have been introduced in the 107th Congress.
The first, H.R. 2002, was introduced on May 24, 2001, by Representatives Pombo
and Peterson and referred to the House Agriculture and Judiciary Committees. The
measure has received no further action, but it is substantially similar to the second
proposal, S. 1482, which was introduced by Senator Harkin on October 2, 2001.
This measure, entitled the Animal Health Protection Act, was incorporated as an
amendment to the Senate-passed version of H.R. 2646, the Agriculture, Conservation,
and Rural Enhancement Act of 2002 (the 2002 farm bill), which is currently in
conference. The House-passed farm bill does not include updates to animal health
protection laws.
New Authorities and Key Provisions
Both H.R. 2002 and H.R. 2646 (Title X, Subtitle C) consolidate and retain
existing statutory authorities of USDA’s animal pest and disease protection activities.
The bills would establish substantial uniformity between APHIS’s animal health and
plant health policies. In addition, the proposals contain a number of new authorities
pertaining to the issues described earlier in this report (see the following paragraphs).
Table 1, below, presents a side-by-side comparison of key provisions from H.R. 2646
and H.R. 2002 with current law.
Definitions. The House and Senate proposals offer new definitions for the
terms animal, article, disease, enter, export, facility, import, interstate commerce,
livestock, means of conveyance, move, pest, and state. A key change from current
statutes is the broadening of the definition of disease to include any non-infectious,
as well as infectious, diseases of livestock. The new definition also includes any
condition detrimental to production of livestock, which would pertain to the
Secretary’s authority to deal with new diseases like ‘mad cow’ disease.
Import and Export Authorities. Both proposals seek to consolidate current
authorities on importing and exporting animals. The Secretary would keep existing
authorities to: (1) prohibit or regulate the import and export of any animal, articles,
or movement of vehicles or facilities upon a determination of disease, provided that
the action is needed to prevent entry or dissemination of a pest or disease into or from
the United States; (2) prohibit or restrict animal imports or exports due to unsanitary
conditions, or for improper or inhumane treatment of livestock; and (3) order the

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destruction, disinfection or removal of animals, their progeny (in imports only) and
other property as remedial actions in case of disease. New language would allow
USDA to recover costs from owners who fail to comply with orders for remedial
action from the Secretary.
Interstate Movement. The new proposals consolidate current authority to
regulate interstate movement of livestock and to prevent the transport or movement
of diseased or quarantined livestock and poultry within the United States.
Emergency Authorities: Seizure, Quarantine and Disposal. Proposed
legislation seeks to consolidate and retain existing emergency authorities to seize,
quarantine, and dispose of animals or regulated items, while adding additional
authority for such actions in the event of ‘extraordinary emergencies’. Current
authorities for owner notification, cost recovery, owner compensation, and for
exception to payments for non-compliance would also be retained. New requirements
are proposed for the issuance of public announcements and notices. Another new
provision would make final compensation payments not subject to judicial review.
Inspection, Seizures and Warrants. Both bills would retain current
authorities for warrantless inspections of persons or means of conveyance in
international and interstate commerce. The proposals also would retain existing
authorities to inspect premises with a warrant, but such warrants could now also be
executed by U.S. marshals in addition to USDA personnel. Both measures contain
new authorities for the Secretary to stop and inspect, on probable cause, persons or
means of conveyance coming from quarantined areas into intrastate commerce.
Detection, Control, and Eradication of Diseases and Pests. Both the
House and the Senate proposals retain and expand existing authority for the Secretary
to carry out operations and implement measures to detect, control, and eradicate pest
and diseases of livestock, including the drawing of blood and diagnostic testing of
animals at slaughterhouses, stockyards, or any other points of concentration. The
measure also would authorize payment of claims arising from the destruction of
animals, articles, or means of conveyance due to APHIS’s control and eradication
programs. Neither proposal envisions payments for other kinds of losses caused by
detention delays or from applicable contract penalties or fees.
Veterinary Accreditation Program. A new provision in both bills would
codify existing regulations pertaining to the current veterinary accreditation program,
and allow the Secretary to establish, upon consultation with State animal health
officials (Senate bill only), a veterinary accreditation program and standards of
conduct for veterinary practitioners. Currently, the veterinary accreditation program
is voluntary and is used primarily for accrediting state and private veterinarians to
perform animal health protection activities on behalf of APHIS (see 9 CFR §161 et
seq.) .
Cooperation. The House and Senate bills would consolidate present
authorities for APHIS to cooperate with other agencies, states, Indian tribes, foreign
governments, and other organizations to carry out provisions related to animal health
statutes. Both proposals also retain existing authority for the screwworm program,
a long-standing cooperative program with Mexico and Central American countries

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that aims to prevent entry of the pest into the United States by eradicating it in those
countries.
Consultations with Heads of Federal Agencies. New provisions in both
bills direct the Secretary to consult with the heads of a federal agencies with respect
to any USDA animal health activity that is under their jurisdiction. The new provision
also appoints USDA as lead agency with respect to issues related to pests and
diseases of livestock.
Preclearance Inspections Abroad, Reimbursable Agreements, and
Payment of Overtime. House and Senate proposals would retain existing
authorities to enter into ‘reimbursable fee agreements’ with persons at locations
outside of the United States. Currently, these agreements are used to operate animal
and plant health importation preclearance inspection programs abroad. Also, both
proposals would retain the Secretary’s authority to pay for overtime, night, or holiday
time in connection with inspection and quarantine work, and for cost recovery from
recipients of these services. A new authority would allow the Secretary to impose
late penalties, including the payment of interest for unpaid fees.
Penalties. The House and Senate proposals would increase criminal and civil
penalties for violations of animal health statutes. New criminal penalties would
consist of fines, set in accordance to Crimes and Criminal Procedures under Title 18
of the U.S. Code, or up to 1 year imprisonment (or both), for knowingly violating the
Act, or for forging, counterfeiting, or otherwise altering official documents and
certificates. New civil penalties would consist of fines not to exceed the greater of:
$50,000 for individuals after the first violation, which is fined at $1,000; or $250,000
for other persons for each violation; or $500,000 for all violations adjudicated in a
single proceeding. The measures allow the Secretary to take into account factors in
determining the civil penalty, and to settle, compromise, or remit any civil penalty
with or without conditions. Also, a new authority is given to suspend or revoke the
accreditation of any veterinarian that violates the Act.
Enforcement. The current proposals would give the Secretary new authority
to collect information and conduct investigations necessary for the administration and
enforcement of the animal health statutes, including the power to subpoena witnesses.
These proposed authorities currently exist in the recently revised plant protection
statutes. The bills also provide for new enforcement procedures, and for new judicial
review, witness compensation, and delegation procedures. The proposals would
retain current authorities for the Attorney General to prosecute criminal violations,
to compel compliance, or to enjoin any interference in carrying out the law. New
authorities are sought for the Attorney General to bring actions for the recovery of
unpaid penalties.
Repeals. Both the House and Senate proposals repeal and replace authorities
for most sections in subchapters II and III of Chapter 4 in U.S.C. Title 21, which deal
with the importation of livestock and quarantines, and with the prevention of
contagion by livestock diseases. Notwithstanding, some authorities and programs of
current law are not replaced. For example, the current program authority for the
pseudorabies eradication program (§114i) is eliminated. Authority for this program
expires in 2002, if not reauthorized by the new Farm Bill. Section 1059 of the

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Senate-passed farm bill would extend the program’s authority until FY2006. There
is no comparable provision in the House-passed version (H.R.2646). Other
authorities to carry out obsolete or inactive programs are similarly eliminated. These
include: the control of cattle grubs program (§114e), the hog cholera eradication
program (114g-h), and a program to build fences along international boundaries
(§131). Other statutes repealed include, 7 U.S.C. §429 (cooperation with States); 7
U.S.C. §§2260-2260a (overtime payment, and reimbursable fee agreements); 19
U.S.C. §1306 (coordination of allowable imports with Treasury); 21 U.S.C. §§612-
614 (inspection and certification of livestock exports); and 46 U.S.C. §39 (authorizing
regulations for humane and sanitary accommodations for export animals). Sections
dealing with foot-and-mouth disease (113a) and with agricultural quarantine
inspection and collection of fees (136-136a) would be retained.

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Table 1. Comparison of Current Law with Provisions in H.R.2002 and H.R. 2646 EAS (Title X, Subtitle C).
CURRENT LAW/POLICY
H.R. 2646 (Senate-approved bill)
H.R. 2002, AS INTRODUCED
1. Definitions. Current animal health-related statutes
Provides comparable definitions for ‘Secretary’ and
Similar to Senate Bill, but in addition it contains new
define ‘animal’, ‘interstate’, Secretary, and ‘United
‘United States’ as in current statute. Offers new
definitions for ‘interstate’ and for ‘person’. [Sec. 3].
States’ (21 USC§134).
definitions for: animal, article, disease, enter, export,
facility, import, Indian Tribe, interstate commerce,
livestock, means of conveyance, move, pest, and
State. [Sec. 1023]. (Similar definitions are found in
7USC§7702 from the Plant Protection Act, P.L. 106-
224, §403 , 114 STAT 438-440).
2. Animal Importation
Current law authorizes the President to suspend
Consolidates current authorities on animal
Similar to Senate Bill. Proposal does not authorize
animal importations to protect U.S. animals from
importation. The legislation would authorize the
destruction, disinfection or removal of animal
infectious contagious animal diseases (Section 101 of
Secretary: (1) to prohibit the importation of animals,
progeny. [Sec 4].
Title 21). Current law also authorizes the Secretary
articles, means of conveyance (and their use) on a
to, among other things: (1) prohibit and regulate the
determination that the action is needed to prevent
importation of diseased or exposed animals into (or
entry or dissemination of a pest or disease into the
through) the United States (21 USC §102); (2) allow
United States. Similar restrictions may apply to
animal importation only through quarantine stations
animals that have strayed into the United States, or
(§103); (3) order the slaughter of sick or exposed
due to unclean and unsanitary animal conditions or
animals, and to reimburse owners, except on
conveyances. The Secretary may order the
violations of law (§103); (4) inspect imported
destruction, disinfection or removal of animals, their
animals, means of conveyance and vessels, and to
progeny and other property to prevent disease; and
impose quarantines, or to dispose of livestock or
also may recover costs from owners who fail to
poultry according to regulations (§§105 and 134a).
comply with orders for remedial action. [Section

1024]. Similar authorities are found 7USC §7714 for
Plant Protection Authorities.

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CURRENT LAW/POLICY
H.R. 2646 (Senate-approved bill)
H.R. 2002, AS INTRODUCED
3. Animal Exportation.
The Secretary is authorized to prevent the export of
Would consolidate and keep current authorities of the
Same as Senate Bill. [Sec. 5].
diseased livestock and poultry from the United States
Secretary: (1) to prohibit or restrict the exportation of
(21 USC §§113 and 120). The Secretary may also
any animal, article, or means of conveyance in order
order animal inspections, and the cleaning and
to prevent dissemination of a pest or disease from the
disinfection of means of conveyance in connection to
United States; (2) to prohibit or restrict animal
movement of animals into or out of the United States
exports because of unsanitary conditions, or due to
(21USC134b). Further, 21USC§§612-614 authorize
improper or inhumane treatment of livestock; (3) to
the Secretary to issue health certificates for exporting
order disinfection of conveyances, articles and
cattle, swine, sheep, goat, and equines.
individuals involved in exportation of animals; (4) to
issue export certifications. New authorities are
proposed to allow the Secretary to recover costs from
owners on failures to comply with orders for remedial
action, and to regulate on the use of certain means of
conveyance. [Section 1025].
4. Interstate Movement of Animals.
Current laws broadly authorize the Secretary to
Consolidates current authorities. The proposal would
Same as Senate Bill. [Sec. 6]
regulate, and to adopt measures to prevent the
keep the Secretary’s current authority to prohibit or
transport or movement of diseased or quarantined
restrict the interstate commerce of any animal, article,
livestock and poultry within the United States. (21
facility, means of conveyance (or its use) on
USC§§120, 125-128, 134a)
determination by the Secretary that the ban is needed
to prevent entry or dissemination of a pest or disease
within the United States. [Section 1026].

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CURRENT LAW/POLICY
H.R. 2646 (Senate-approved bill)
H.R. 2002, AS INTRODUCED
5. Seizure, Quarantine, and Disposal.
(a) Several sections of Title 21 give the Secretary
The Senate’s bill adds new authorities allowing the
Similar to Senate Bill. However, the proposal would
broad authorities to prevent the spread of contagious
Secretary to ‘hold’, ‘treat’ or ‘destroy’ animals, their
also allow the Secretary to prohibit or restrict
infectious diseases within the United States. Statutes
progeny, articles and means of conveyance (from
movement or use of animals or articles within
authorize the declaration ‘extraordinary emergencies’
imports or in interstate commerce), if these are
premises. [Sec. 7].
when the presence of a pest or disease threatens
affected by or have been exposed to a pest or a
livestock and poultry anywhere in the United States.
disease or in connection to an ‘extraordinary
These declarations allow the Secretary to: (1)
emergency’. Current ‘extraordinary emergency’
quarantine States or portions of States; and (2) seize,
authorities to seize, quarantine, and dispose of
quarantine, and dispose of livestock and poultry,
animals or regulated items are consolidated and kept.
regulated articles, and means of conveyance in the
Provisos are included in the bill requiring that the
quarantined area. (see 21USC§§ 111,113,123, 134a).
Secretary finds that the State’s measures are
Before issuing an extraordinary emergency current
inadequate to control the disease, and also for a
law requires the Secretary to find that the State or
review and consultation with the Governor or
jurisdiction is not adequately addressing the
authorized State official, or head of Indian Tribe on
emergency, and that the appropriate State officials are
the proposed emergency actions. New requirements
notified of the action [21USC §134a(b)].
to issue public announcements, and Federal Register
notices are proposed. [Section 1027].
(b) Statutes also establish quarantine notification
procedures for owners for disposing of animals or
Present authorities for owner notification, or for
Same as Senate Bill. [Sec. 7].
articles, for cost recovery and just compensation, and
disposal of animals or articles, for cost recovery, for
for restrictions on payments for non-compliance with
compensation, and for exception to payments for non-
orders of the Secretary [21USC § 134a(c)-(e)].
compliance are consolidated and kept. [Section 1027].
(c) No provisions.
New provision of law would make final compensation
payment not subject to judicial review (A similar
Same as Senate Bill. [Sec. 7]
language is found in 7USC§7715 for Plant Protection
Authorities). [Section 1027].

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CURRENT LAW/POLICY
H.R. 2646 (Senate-approved bill)
H.R. 2002, AS INTRODUCED
6. Inspection, Seizures, and Warrants.
Under present law the Secretary is authorized to
New authorities are given to the Secretary to stop and
Same as Senate Bill. [Sec. 8].
inspect, without a warrant all persons or means of
inspect, on probable cause, persons or means of
conveyance entering the United States for prevention
conveyance coming from quarantined areas in
of introduction or dissemination of any communicable
intrastate commerce (under extraordinary emergency
animal disease (7USC§134d ). The Secretary has
authorities as per §1027). Current authorities for
similar authorities in interstate commerce when, on
warrantless inspections of persons or means of
probable cause, there is a need to determine whether
conveyance in international and interstate commerce
persons or means of conveyance are carrying infected
are kept. The proposal also keeps present authorities
or exposed animals, products, or regulated articles.
to inspect premises with a warrant, but said warrant
The statute also authorizes the inspection of premises,
could now also be executed by a U.S. marshal.
and seizures (on probable cause and with a court
[Section 1028]. Similar authorities are found in
warrant) to prevent the introduction or dissemination
7USC§7731 for Plant Protection Authorities.
of an animal disease. Needed warrants may be
executed by USDA officials.
7. Detection, Control, and Eradication of Diseases
Authorizes the Secretary to carry out operations and
Same as Senate Bill. [Sec. 9].
and Pests. No similar authorities currently exist
measures to detect, control, or eradicate any pest and
without perhaps a declaration of extraordinary
disease of livestock (including the drawing of blood
emergency by the Secretary.
and diagnostic testing of animals), including animals
at a slaughterhouse, stockyards, or any other point of
concentration. The measure also authorizes the
payment of claims arising from the destruction of
animals, articles or means of conveyance. Provisions
do not envision payment for other kinds of losses.
[Section 1029].
8. Veterinary Accreditation Program. The current
Authorizes the Secretary to establish, upon
Similar to Senate bill, but establishment of the
veterinary accreditation program is voluntary
consultation with State animal health officials, a
accreditation program does not call for consultations
administered by APHIS to accredit and authorize
veterinary accreditation program, which would
with State officials. [Sec. 10].
veterinarians to perform animal health protection
include the establishment of standards of conduct for
activities on behalf of the agency. Regulations on the
veterinary practitioners. Provision seeks to codify
program and revocation rules are found in
existing regulations [Section 1030].
9CFR§161-162.

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CURRENT LAW/POLICY
H.R. 2646 (Senate-approved bill)
H.R. 2002, AS INTRODUCED
9. Cooperation.
(a) Several sections of Title 21 give the Secretary
Keeps and consolidates present authorities to
Similar to Senate Bill, but does not specifically
broad authorities to cooperate with other agencies,
cooperate with other agencies, States, Indian tribes,
mention Indian tribes. [Sec. 11].
States, foreign governments, and organizations to
foreign governments, and organizations to carry out
carry out provisions related to animal health statutes,
provisions related to animal health statutes. [Section
provided that the cooperating entity is authorized.
1031]
(See 21USC§114, 114b, 114d-1, and 7USC§429).
(b) Current law authorizes USDA to produce and sell
Retains the screwworms program as currently
Similar to Senate bill, but program proceeds are
sterile screwworms to foreign countries or
authorized, except that its proceeds are now deposited
deposited directly to the yearly appropriation and not
international organizations, with the proceeds going
directly to the account from which the operating
to the account from which the operating expenses
into the U.S. Treasury, and credited to the
expenses have been paid and not to the program’s
have been paid from. [Sec. 11].
appropriation from which the operating expenses of
yearly appropriation. [Section 1031].
the facility producing the screwworms had been paid.
(21USC§114d).

10. Consultations with Head of Federal Agencies.
New provisions direct the Secretary to consult with
Same as Senate bill. [Sec. 11].
No similar authorities exist related to animal health
the heads of a Federal agencies with respect to any
laws.
activity that is under their jurisdiction. The new
provision also appoints USDA as lead agency with
respect issues related to pests and diseases of
livestock. [Section 1031].

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CURRENT LAW/POLICY
H.R. 2646 (Senate-approved bill)
H.R. 2002, AS INTRODUCED
11. Reimbursable Agreements.
The Secretary is currently authorized to enter into
Proposal keeps current authorities, but adds a new
Same as Senate bill. [Sec. 12].
reimbursable fee agreements with persons at locations
subsection for late payment penalties, including the
outside of the United States to run animal and plant
payment of interest as currently required under
health importation preclearance programs.
31USC§3717 on Interest and Penalties on Claims
(7USC§2260a). Statute also authorizes the Secretary
[Section1032].
to pay USDA employees for: (1) performing
inspection or quarantine services relating to imports
and exports; (2) paying for all overtime, night, or
holiday work performed; and (3) requiring
reimbursements from the person for whom the
services are performed. (7USC §2260).
12. Administration and Claims. No similar
Proposes new authorities for the Secretary to acquire
Same provisions in Senate bill, but Section title is:
authorities exist related to animal health laws.
and maintain real or personal property, to employ a
“Buildings, Land, People, Agreements, and Claims”.
person, and to make grants, contracts, or agreements
[Sec. 13].
to carry out this Act. In addition, the Secretary
acquires new authority to pay tort claims outside of
the United States, as authorized by applicable statutes
(see 28USC§2672). The new authority is identical to
7USC§7752 in plant protection statutes.

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H.R. 2646 (Senate-approved bill)
H.R. 2002, AS INTRODUCED
13. Penalties.
Current law establishes criminal penalties of fines
Proposal seeks to streamline criminal and civil
Same as Senate bill. [Sec. 14].
and/or up to one year of imprisonment, and also civil
penalties for violations of animal health statutes. (1)
penalties of up to $1000 for violations animal
Establishes criminal penalties, as misdemeanor
importation regulations (21USC§104). Section
offences, fined in accordance to 18 USC, or/and up to
21USC§117 establishes penalties for knowingly
1 year imprisonment for knowingly violating the act,
transporting diseased livestock or poultry in violation
or for forging, counterfeiting, or for other actions to
of law with:(1) criminal penalties that make it a
alter official documents and certificates; and (2)
misdemeanor punishable by up to $5,000 fines or
Provides for new civil penalties (after notice of
imprisonment, or both to; and (2) civil penalties of
hearing) with fines to be assessed to not exceed the
fines up to $1,000 after a notice and the opportunity
greater of: $50,000 for individuals after the first
for a hearing on record. Orders for penalties shall be
violation, which is fined at $1,000; or $250,000 for
treated as a final, and are reviewable under
other persons for each violation; or $500,000 for all
28USC§158. (Similar civil and criminal penalties are
violations adjudicated in a single proceeding. The
established by in Title 21 sections 122, 127, and
measure also provides for the Secretary to take into
134b).
account factors in determining the civil penalty, and to
settle, compromise, or remit with or without
conditions any civil penalty. [Section 1034].
Identical authorities are found in 7USC§7734 for
Plant Protection Authorities.
No comparable provisions in current animal health
Provides new authority for the Secretary to suspend or
Same as Senate bill. [Sec. 14].
statutes.
revoke accreditation to any veterinarian that violates
the Act. The Secretary may also summarily suspend
an accreditation if there is reason to believe that the
statutes have been violated. A prompt post-
suspension hearing is mandated in such cases [Section
1034].

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CURRENT LAW/POLICY
H.R. 2646 (Senate-approved bill)
H.R. 2002, AS INTRODUCED
14. Enforcement.
(a) Collection of information- No comparable
The Senate proposal would give the Secretary new
Same as Senate bill. [Sec. 15].
authorities exist in animal health statutes.
authority to conduct investigations necessary for the
administration and enforcement of the Act, and to

subpoena witnesses. Current authorities under the
Plant Protection Act (7USC§§7732-7733) allow the
Secretary to gather information or evidence, conduct
inspections and investigations, and subpoena
witnesses in connection with that Act. Also
7USC§2279f gives similar subpoena authority in
cases related to the enforcement of protection to
animals used in the conduct of agricultural quarantine
inspections. The Senate proposal seeks to give the
Secretary similar authorities for the enforcement of
animal health laws. The bill also provides for
enforcement, witness compensation, and for
publication, review and delegation procedures.
[Section 1035(a)].
(b) Authority of Attorney General- Current law
New authorities are sought for the Attorney General
Same as Senate bill. [Sec. 15].
authorizes United States attorneys to prosecute
to bring actions for the recovery of unpaid civil
violations brought to their notice by any person under
penalty, funds under a reimbursable agreement, late
oath, and before a district court of the United States
payment penalty, or interest assessed under this law.
within the district in which the violation had been
Otherwise, the Senate bill proposes to keep current
committed (21USC§118). Further the Secretary can:
authorities for the Attorney General: (1) to prosecute
(1) bring an action to enjoin the violation of, or to
criminal violations referred by the Secretary or any
compel compliance with, any regulation or order; (2)
other person; and (2) to bring an action to enjoin the
or to enjoin any interference with a USDA employee
violation of or to compel compliance, or to enjoin any
in carrying out any duties, whenever the Secretary has
interference by any person with the Secretary in
reason to believe that such person has violated, or is
carrying out this law, if the Secretary has reason to
about to violate, any such regulation or order, or has
believe that the person has violated, or is about to
interfered, or is about to interfere, with any such
violate the law or has interfered, or is about to
employee (21USC§134e).
interfere, with the actions of the Secretary. [Section
1035(b)].

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CURRENT LAW/POLICY
H.R. 2646 (Senate-approved bill)
H.R. 2002, AS INTRODUCED
15. Regulations and Orders.
Currently, several statutes authorize the Secretary to
The bill proposes to consolidate the Secretary’s broad
Same as Senate bill. [Sec. 17].
issue regulations necessary to carry out animal health
authority to promulgate regulations, and issue orders,
law provisions for export, transport, certification,
as necessary to carry out animal health statutes.
inspection, disinfection of livestock and poultry.
[Section 1036].
(21USC§§ 111, 120, 125 and 134f).
16. Separability- Current statute allow that If any
No Provisions.
Same as current law, but under the subtitle of
provision of the Act or application thereof to any
“Severability” [Section 18].
person or circumstances is held invalid, the remainder
of the Act and the application of such provision to
other persons and circumstances shall not be thereby
affected (21USC§134h).

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H.R. 2646 (Senate-approved bill)
H.R. 2002, AS INTRODUCED
17. Authorization of Appropriations.
(a) Current animal health statutes authorize
The bill authorizes to be appropriated such sums as
Same as Senate bill. [Sec. 16].
appropriations needed for establishing an international
are necessary to carry out animal health law
animal quarantine station, for the acceptance of gifts,
provisions. [Section 1037(a)].
for cooperation with breeders’ organizations, and for
the collection of fees. (21USC§§ 135 to 135b).
(b) Transfer of funds- The Secretary is currently
authorized to transfer from other appropriations, or
Keeps the provisions for the transfer of funds from
Same as Senate bill. [Sec. 16].
from funds available to the agencies or corporations
other appropriations, from or funds available to the
of the Department (e.g., the Commodity Credit
USDA agencies or corporations that are necessary for
Corporation or CCC) such sums as necessary to
the arrest, control, eradication, or prevention of the
address pest and disease emergencies, for the arrest
spread of the pest or disease of livestock, and for
and eradication of contagious or infectious disease or
related expenses, and in connection with an emergency
pests of animals, poultry, or plants, and for other
under which a pest or disease of livestock threatens
expenses. The law allows for unexpended balances
any segment of agricultural production in the United
from these transfers in one fiscal year to be merged
States. The proposal also allows for funds transferred
with other transferred amounts for the next fiscal
under this subsection to be available until expended,
year. (see 21USC§§ 129 and 129a, as transferred
without fiscal year limitation. [Section 1037(b)].
from 7USC§147b).
(c) Use of Funds. Section 114c of Title 21 authorizes
Senate proposal keeps current authorities for the use
the Secretary to use appropriated funds for the
of funds. [Section 1037(c)].
House bill reserves this authority for provisions in
purchase or hire of passenger motor vehicles and
connection with activities under §11 on Cooperation
aircraft, for printing and binding without regard to
only.
section 501 of title 44, for personal services in the
District of Columbia and elsewhere including civilian
foreign nationals, and for the construction and
operation of research laboratories, quarantine stations
and other buildings and facilities

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CURRENT LAW/POLICY
H.R. 2646 (Senate-approved bill)
H.R. 2002, AS INTRODUCED
18. Repeals.
The Senate proposal would repeal most sections in
Repeals same statutes [Sec. 19].
subchapters II and III of Chapter 4 in Title 21 which
deal with the importation of livestock and quarantines,
and with the prevention of contagion by livestock
diseases. Included are program authorities for control
of cattle grubs (§114e), pseudorabies eradication
(§114i), hog cholera eradication (114g-h), and for
building fences along international boundaries (§131).
Only sections 113a (dealing with foot and mouth
disease prevention and research), and sections 136-
136a (dealing with agricultural quarantine inspection
and collection of fees) remain unrepealed. [Section
1038(a)]
Other statutes repealed include, 7USC§429 (i.e.,
Repeals same statutes [Sec. 19].
cooperation with States); 7USC§§2260-2260a (i.e.,
overtime payment, and reimbursable fee agreements);
19USC§1306 (coordination of allowable imports with
Treasury); 21USC§§612-614 (i.e., inspection and
certification of livestock exports); and 46USC§39
(authorizing regulations for humane and sanitary
accommodations for export animals). [Section
1038(a)].

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CURRENT LAW/POLICY
H.R. 2646 (Senate-approved bill)
H.R. 2002, AS INTRODUCED
19. Conforming Amendments.
The Senate bill also seeks to amend the Plant
Protection Act (P.L. 106-224) by:
(1). removing ‘agents to the owner’ from the list of
No Provisions.
people responsible for treating or destroying plants,
articles or means of conveyance on orders from the
Secretary in 7USC§7714(b), and by;
(2). (a) restricting the Secretary’s authority to produce
No Provisions.
only evidence relevant to the case; (b) clarifying
procedures for delegation of subpoena signatures; (c)
eliminating the ability of subpoenas to be ran between
judicial districts. (7USC§7733).
(3) The measure would also amend: (a) the
Endangered Species Act by eliminating references to
sections repealed by the current proposal in
No Provisions.
16USC§1540(h);
(b) the Federal Meat Inspection Act by removing
livestock certification from meat inspector’s authority;
Same as Senate bill. [Sec. 19].
and (c) Amends §2509 of the Food, Agriculture,
Conservation, and Trade Act of 1990 by authorizing
the Secretary to collect fees and recover costs for
veterinary diagnostic services (see 21USC§136a).
Regulations issued under a repealed law will remain
in effect until the Secretary issues new one under
Effect of Regulations
section 1036.
Same language referring to authority under section
17.