Healthy Poultry Assistance and Indemnification Act of 2025
This bill expands the Animal and Plant Health Inspection Service (APHIS) producer indemnity and compensation program to include compensation for all poultry growers and layers located in an APHIS-determined control area, which may include non-infected poultry.
Currently, APHIS provides indemnity and compensation to producers to remove animals classified as affected, suspect, or exposed to diseases of concern, including highly pathogenic avian influenza (HPAI). An APHIS-determined control area consists of both an infected zone and a buffer zone. Under the bill, APHIS must compensate all owners of poultry growing or laying facilities for flocks of birds that the facility owner was prohibited from growing or laying due to the location of the facility within a control area. This may include facilities that are located in the buffer zones and have non-infected poultry.
Further, the bill establishes a new compensation payment formula that requires payments to be based on the owner’s average income from the five most recent flocks. Under the bill, APHIS's compensation determination is final and not subject to judicial or administrative review (other than by the Secretary of Agriculture or a designee).
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1376 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1376
To amend the Animal Health Protection Act to provide compensation for
poultry growers and layers in control areas, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 14, 2025
Mr. Costa (for himself, Mr. Alford, Mr. Riley of New York, Mr. Stauber,
Mr. Johnson of Georgia, Mr. Finstad, Ms. Houlahan, Mr. Feenstra, and
Mr. Womack) introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Animal Health Protection Act to provide compensation for
poultry growers and layers in control areas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Poultry Assistance and
Indemnification Act of 2025''.
SEC. 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) Definitions.--In this subsection:
``(A) Control area.--The term `control area' means
a Control Area determined by the Administrator of the
Animal and Plant Health Inspection Service.
``(B) Poultry.--The term `poultry' means
domesticated fowl that are bred for the primary purpose
of producing eggs or meat, including, when so bred,
chickens, turkeys, ostriches, emus, rheas, cassowaries,
waterfowl, and game birds, but not including doves and
pigeons.
``(2) Compensation.--
``(A) In general.--Except as provided in paragraph
(3), the Secretary shall compensate the owner of a
poultry growing or laying facility for flocks of birds
that the owner of such facility was prohibited from
growing or laying due to the location of the facility
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.
``(iii) Reviewability.--The determination
by the Secretary of the amount to be paid under
this subsection shall be final and not subject
to judicial review or review by any officer or
employee of the Federal Government other than
the Secretary or the designee of the Secretary.
``(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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Livestock, Dairy, and Poultry.
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