For other versions of this document, see http://wikileaks.org/wiki/CRS-RL31350 ------------------------------------------------------------------------------ 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 1 U.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. CRS-2 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. CRS-3 ! 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 CRS-4 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 CRS-5 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 CRS-6 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. CRS-7 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. CRS-8 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]. CRS-9 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]. CRS-10 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. CRS-11 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]. CRS-12 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. CRS-13 CURRENT LAW/POLICY 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]. CRS-14 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)]. CRS-15 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). CRS-16 CURRENT LAW/POLICY 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 CRS-17 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)]. CRS-18 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. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL31350