7 U.S.C. § 8312 — Administration and claims

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