12 2 STA T . 1 360PUBLIC LA W 110 – 23 4—M A Y 22 , 200 8(c)AUTHORIZA TIO N O F A P PROPRIATION S.—Se c tion104 0 5 o f t h e Ani malH ealth Pr otection Act ( 7U .S. C . 83 04) i s amen d ed by addin g at the end the follo w ing new s u bsection
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‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) I N GE NERA L .— T here is authori z edtobea p propriated— ‘‘(A) $ 1 , 500,000 for each of fiscal years 2 008 through 2012 to carry out section 11010 of the F ood, Conser v ation, and E nergy Act of 2008
and ‘‘( B ) such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section. ‘‘(2) A V AILA B ILIT Y .—Funds appropriated under paragraph (1) shall remain available until e x pended. ’ ’. SEC.1 1 0 11. LOWPATH O G E NI C D ISEASES. The Animal Health Protection Act (7 U.S.C. 8301 et se q .) is amended— (1) in section 10407(d)(2)(C) (7 U.S.C. 830 6 (d)(2)(C)), by stri k ing ‘‘of longer than 60 days’’; (2) in section 1040 9 (b) (7 U.S.C. 8308(b))— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph: ‘‘(2) SPE C IFIC COOPERATIVE PROGRA M S.—The Secretary shall compensate industry participants and State agencies that cooperate with the Secretary in carrying out operations and measures under subsection (a) for 100 percent of eligible costs relating to cooperative programs involving Federal, State, and industry participants to control diseases of low pathogenicity in accordance with regulations issued by the Secretary.’’; and (C) in paragraph (3) (as so redesignated), by striking ‘‘of longer than 60 days’’; and (3) in section 10417(b)(3) (7 U.S.C. 8316(b)(3)), by striking ‘‘of longer than 60 days’’. SEC. 1101 2 . ANI M ALP R OTECTION. (a) W ILLFUL V IOLATIONS.—Section 10414(b)(1)(A) of the Animal Health Protection Act (7 U.S.C. 8316(b)(1)(A)) is amended by striking clause (iii) and inserting the following: ‘‘(iii) for all violations ad j udicated in a single pro - ceeding— ‘‘(I) $500,000 if the violations do not include a willful violation; or ‘‘(II) $1,000,000 if the violations include 1 or more willful violations.’’. (b) SUBPOENA AUTHORITY.—Section 10415(a)(2) of the Animal Health Protection Act (7 U.S.C. 8314) is amended (1) by striking subparagraph (A) and inserting the fol- lowing: ‘‘(A) IN GENERAL.—The Secretary shall have the power to subpoena the attendance and testimony of any witness, the production of all evidence (including books, papers, documents, electronically stored information, and other tan- gible things that constitute or contain evidence), or to require the person to whom the subpoena is directed to permit the inspection of premises relating to the adminis- tration or enforcement of this title or any matter under investigation in connection with this title.’’; (2) in subparagraph (B), by striking ‘‘documentary’’; and 7USC831 3 .
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