119-s1904

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1904 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1904

 To amend the Animal Health Protection Act to require certain 
certifications from persons provided indemnification or compensation by 
the Secretary of Agriculture for poultry flocks affected by the highly 
 pathogenic avian influenza, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 May 22, 2025

 Mr. Reed introduced the following bill; which was read twice and 
 referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

 A BILL

 To amend the Animal Health Protection Act to require certain 
certifications from persons provided indemnification or compensation by 
the Secretary of Agriculture for poultry flocks affected by the highly 
 pathogenic avian influenza, 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 ``Ending Taxpayer Support for Big Egg 
Producers Act''.

SEC. 2. INDEMNIFICATION OF BIG EGG PRODUCERS FOR AVIAN INFLUENZA.

 The Animal Health Protection Act is amended by inserting after 

section 10409A (7 U.S.C. 8308a) the following:

``

SEC. 10409B. INDEMNIFICATION OF BIG EGG PRODUCERS FOR AVIAN 
 INFLUENZA.

 ``

    (a) Definition of Covered Entity.--
 ``

    (1) In general.--In this section, the term `covered 
 entity' means a person that, together with its affiliates, has 
 more than--
 ``
        (A) $100,000,000 in annual revenue; and
 ``
        (B) 1,500 employees.
 ``

    (2) Affiliation.--For purposes of paragraph

    (1) , an 
 affiliate shall be determined in accordance with sections 
 121.103 and 121.301

    (f) of title 13, Code of Federal Regulations 
 (or successor regulations).
 ``

    (3) Employee.--For purposes of paragraph

    (1) , an employee 
 includes--
 ``
        (A) any individual performing clerical or 
 administrative support, or other similar function, for 
 the person described in paragraph

    (1) ; and
 ``
        (B) any independent contractor acting on behalf 
 of that person.
 ``

    (b) Certification.--
 ``

    (1) In general.--The Secretary shall only provide 
 indemnity or compensation under 

section 10407 to a covered 
 entity for poultry flocks affected by the highly pathogenic 
 avian influenza if the covered entity certifies that the 
 covered entity will not pay dividends with respect to its 
 common stock, or repurchase an equity security of the covered 
 entity or a parent company of the covered entity that is listed 
 on a national securities exchange, during the 2-year period 
 following the receipt of the indemnity or compensation, except 
 to the extent required under a contractual obligation that is 
 in effect as of the date of enactment of this section.
 ``

    (2) Private equity-owned businesses and public 
 companies.--To receive indemnity or compensation described in 
 paragraph

    (1) , a covered entity that is a portfolio company of 
 a private equity fund or is a public company shall, in addition 
 to the certification under that paragraph, certify that--
 ``
        (A) current economic uncertainty makes indemnity 
 or compensation from the Secretary necessary to support 
 the ongoing operations of the covered entity; and
 ``
        (B) the covered entity is not able to access 
 other sources of liquidity sufficient to support 
 ongoing operations in a manner that is not 
 significantly detrimental to the covered entity.
 ``

    (3) Repayment.--A covered entity described in paragraph

    (2) that knowingly makes a false statement on the certification 
 under that paragraph shall be required to repay the full amount 
 of indemnity or compensation received, with interest.
 ``

    (4) Enforcement.--A covered entity described in paragraph

    (2) that knowingly makes a false statement on the certification 
 under that paragraph is punishable by imprisonment of not more 
 than 5 years, a fine of up to $1,000,000, or both.''.
 <all>