7 U.S.C. § 8313 — Penalties

Page 2197 TITLE 7—AGRICULTURE § 8313 (A) be credited to the account that incurs the costs; and (B) remain available until expended, with- out fiscal year limitation. (Pub. L. 107–171, title X, § 10412, May 13, 2002, 116 Stat. 503; Pub. L. 114–125, title VIII, § 818(b), Feb. 24, 2016, 130 Stat. 222.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(1), was in the original ‘‘this subtitle’’, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables. AMENDMENTS 2016—Subsec. (b). Pub. L. 114–125 amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘Funds collected for preclearance activities shall— ‘‘(1) be credited to accounts that may be established by the Secretary for carrying out this section; and ‘‘(2) remain available until expended for the preclearance activities, without fiscal year limita- tion.’’ Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 8312. Administration and claims (a) Administration To carry out this chapter, the Secretary may— (1) acquire and maintain real or personal property; (2) employ a person; (3) make a grant; and (4) notwithstanding chapter 63 of title 31, enter into a contract, cooperative agreement, memorandum of understanding, or other agreement. (b) Tort claims (1) In general Except as provided in paragraph (2), the Sec- retary may pay a tort claim, in the manner authorized by the first paragraph of section 2672 of title 28, if the claim arises outside the United States in connection with an activity authorized under this chapter. (2) Requirements A claim may not be allowed under this sub- section unless the claim is presented in writ- ing to the Secretary not later than 2 years after the date on which the claim arises. (Pub. L. 107–171, title X, § 10413, May 13, 2002, 116 Stat. 503.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b)(1), was in the original ‘‘this subtitle’’, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 8313. Penalties (a) Criminal penalties (1) Offenses (A) In general A person that knowingly violates this chapter, or knowingly forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certifi- cate, permit, or other document provided for in this chapter shall be fined under title 18, imprisoned not more than 1 year, or both. (B) Distribution or sale A person that knowingly imports, enters, exports, or moves any animal or article, for distribution or sale, in violation of this chapter, shall be fined under title 18, impris- oned not more than 5 years, or both. (2) Multiple violations On the second and any subsequent convic- tion of a person of a violation of this chapter under paragraph (1), the person shall be fined under title 18, imprisoned not more than 10 years, or both. (b) Civil penalties (1) In general Except as provided in section 8309(d) of this title, any person that violates this chapter, or that forges, counterfeits, or, without author- ity from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided under this chapter may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary that does not exceed the greater of— (A)(i) $50,000 in the case of any individual, except that the civil penalty may not exceed $1,000 in the case of an initial violation of this chapter by an individual moving regu- lated articles not for monetary gain; (ii) $250,000 in the case of any other person for each violation; and (iii) for all violations adjudicated in a sin- gle proceeding— (I) $500,000 if the violations do not in- clude a willful violation; or (II) $1,000,000 if the violations include 1 or more willful violations. (B) twice the gross gain or gross loss for any violation or forgery, counterfeiting, or Page 2198 TITLE 7—AGRICULTURE § 8314 1 See References in Text note below. unauthorized use, alteration, defacing or de- struction of a certificate, permit, or other document provided under this chapter that results in the person’s deriving pecuniary gain or causing pecuniary loss to another person. (2) Factors in determining civil penalty In determining the amount of a civil pen- alty, the Secretary shall take into account the nature, circumstance, extent, and gravity of the violation or violations and the Secretary may consider, with respect to the violator— (A) the ability to pay; (B) the effect on ability to continue to do business; (C) any history of prior violations; (D) the degree of culpability; and (E) such other factors as the Secretary considers to be appropriate. (3) Settlement of civil penalties The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that may be assessed under this sub- section. (4) Finality of orders (A) Final order The order of the Secretary assessing a civil penalty shall be treated as a final order reviewable under chapter 158 of title 28. (B) Review The validity of the order of the Secretary may not be reviewed in an action to collect the civil penalty. (C) Interest Any civil penalty not paid in full when due under an order assessing the civil penalty shall thereafter accrue interest until paid at the rate of interest applicable to civil judg- ments of the courts of the United States. (c) Liability for acts of agents In the construction and enforcement of this chapter, the act, omission, or failure of any offi- cer, agent, or person acting for or employed by any other person within the scope of the em- ployment or office of the officer, agent, or per- son, shall be deemed also to be the act, omis- sion, or failure of the other person. (d) Guidelines for civil penalties Subject to the approval of the Attorney Gen- eral, the Secretary shall establish guidelines to determine under what circumstances the Sec- retary may issue a civil penalty or suitable no- tice of warning in lieu of prosecution by the At- torney General of a violation of this chapter. (Pub. L. 107–171, title X, § 10414, May 13, 2002, 116 Stat. 504; Pub. L. 110–234, title XI, § 11012(a), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11012(a), June 18, 2008, 122 Stat. 1664, 2122.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For com- plete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Subsec. (b)(1)(A)(iii). Pub. L. 110–246, § 11012(a), added cl. (iii) and struck out former cl. (iii) which read as follows: ‘‘$500,000 for all violations adjudicated in a single proceeding; or’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 8314. Enforcement (a) Collection of information (1) In general The Secretary may gather and compile in- formation and conduct any inspection or in- vestigation that the Secretary considers to be necessary for the administration or enforce- ment of this chapter. (2) Subpoenas (A) In general The Secretary shall have the power to sub- poena the attendance and testimony of any witness, the production of all evidence (in- cluding books, papers, documents, electroni- cally stored information, and other tangible things that constitute or contain evidence), or to require the person to whom the sub- poena is directed to permit the inspection of premises relating to the administration or enforcement of this chapter 1 or any matter under investigation in connection with this chapter.1 (B) Location of production The attendance of any witness and produc- tion of evidence relevant to the inquiry may be required from any place in the United States. (C) Enforcement (i) In general In case of disobedience to a subpoena by any person, the Secretary may request the Attorney General to invoke the aid of any court of the United States within the ju-