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

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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.''.
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