[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 118 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 118
To strengthen the penalties for violations of plant quarantine laws.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 2001
Mrs. Feinstein introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To strengthen the penalties for violations of plant quarantine laws.
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 ``Fruit, Vegetable, and Plant
Smuggling Prevention Act of 2001''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Plant quarantine law.--The term ``plant quarantine
law'' means any of the following provisions of law:
(A) Subsections (a) through (e) of section 102 of
the Department of Agriculture Organic Act of 1944 (7
U.S.C. 147a).
(B) Section 1773 of the Food Security Act of 1985
(7 U.S.C. 148f).
(C) The Golden Nematode Act (7 U.S.C. 150 et seq.).
(D) The Federal Plant Pest Act (7 U.S.C. 150aa et
seq.).
(E) The Joint Resolution of April 6, 1937 (56 Stat.
57, chapter 69; 7 U.S.C. 148 et seq.).
(F) The Act of January 31, 1942 (56 Stat. 40,
chapter 31; 7 U.S.C. 149).
(G) The Act of August 20, 1912 (commonly known as
the ``Plant Quarantine Act'') (37 Stat. 315, chapter
308; 7 U.S.C. 151 et seq.).
(H) The Halogeton Glomeratus Control Act (7 U.S.C.
1651 et seq.).
(I) The Act of August 28, 1950 (64 Stat. 561,
chapter 815; 7 U.S.C. 2260).
(J) The Federal Noxious Weed Act of 1974 (7 U.S.C.
2801 et seq.), other than the first section and section
15 of that Act (7 U.S.C. 2801 note, 2814).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. PENALTIES FOR VIOLATION.
(a) Criminal Penalties.--
(1) In general.--A person that knowingly violates a plant
quarantine law shall be subject to criminal penalties in
accordance with this subsection.
(2) Felonies.--
(A) In general.--Subject to subparagraphs (B) and
(C), a person shall be imprisoned not more than 5
years, fined not more than $25,000, or both, in the
case of a violation of a plant quarantine law
involving--
(i) plant pests;
(ii) more than 50 pounds of plants;
(iii) more than 5 pounds of plant products;
(iv) more than 50 pounds of noxious weeds;
(v) possession with intent to distribute or
sell items described in clause (i), (ii),
(iii), or (iv), knowing the items have been
involved in a violation of a plant quarantine
law; or
(vi) forging, counterfeiting, or without
authority from the Secretary, using, altering,
defacing, or destroying a certificate, permit,
or other document provided under a plant
quarantine law.
(B) Multiple violations.--On the second and any
subsequent conviction of a person of a violation of a
plant quarantine law described in subparagraph (A), the
person shall be imprisoned not more than 10 years or
fined not more than $50,000, or both.
(C) Intent to harm agriculture of united states.--
In the case of a knowing movement in violation of a
plant quarantine law by a person of a plant, plant
product, biological control organism, plant pest,
noxious weed, article, or means of conveyance into, out
of, or within the United States, with the intent to
harm the agriculture of the United States by
introduction into the United States or dissemination of
a plant pest or noxious weed within the United States,
the person shall be imprisoned not less than 10 nor
more than 20 years, fined not more than $500,000, or
both.
(3) Misdemeanors.--
(A) In general.--Subject to subparagraph (B), a
person shall be imprisoned not more than 1 year, fined
not more than $1,000, or both, in the case of a
violation of a plant quarantine law involving--
(i) 50 pounds or less of plants;
(ii) 5 pounds or less of plant products; or
(iii) 50 pounds or less of noxious weeds.
(B) Multiple violations.--On the second and any
subsequent conviction of a person of a violation of a
plant quarantine law described in subparagraph (A), the
person shall be imprisoned not more than 3 years, fined
not more than $10,000, or both.
(b) Criminal Forfeiture.--
(1) In general.--In imposing a sentence on a person
convicted of a violation of a plant quarantine law, in addition
to any other penalty imposed under this section and
irrespective of any provision of State law, a court shall order
that the person forfeit to the United States--
(A) any of the property of the person used to
commit or to facilitate the commission of the violation
(other than a misdemeanor); and
(B) any property, real or personal, constituting,
derived from, or traceable to any proceeds that the
person obtained directly or indirectly as a result of
the violation.
(2) Procedures.--All property subject to forfeiture under
this subsection, any seizure and disposition of the property,
and any proceeding relating to the forfeiture shall be subject
to the procedures of section 413 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other
than subsections (d) and (q).
(3) Proceeds.--The proceeds from the sale of any forfeited
property, and any funds forfeited, under this subsection shall
be used--
(A) first, to reimburse the Department of Justice,
the United States Postal Service, and the Department of
the Treasury for any costs incurred by the Departments
and the Service to initiate and complete the forfeiture
proceeding;
(B) second, to reimburse the Office of Inspector
General of the Department of Agriculture for any costs
incurred by the Office in the law enforcement effort
resulting in the forfeiture;
(C) third, to reimburse any Federal or State law
enforcement agency for any costs incurred in the law
enforcement effort resulting in the forfeiture; and
(D) fourth, by the Secretary to carry out the
functions of the Secretary under a plant quarantine
law.
(c) Civil Penalties.--
(1) In general.--A person that violates a plant quarantine
law, or that forges, counterfeits, or, without authority from
the Secretary, uses, alters, defaces, or destroys a
certificate, permit, or other document provided under a plant
quarantine law 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) $50,000 in the case of an individual (except
that the civil penalty may not exceed $1,000 in the
case of an initial violation of the plant quarantine
law by an individual moving regulated articles not for
monetary gain), or $250,000 in the case of any other
person for each violation, except the amount of
penalties assessed under this subparagraph in a single
proceeding shall not exceed $500,000; or
(B) twice the gross gain or gross loss for a
violation or forgery, counterfeiting, or unauthorized
use, defacing or destruction of a certificate, permit,
or other document provided for in the plant quarantine
law 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 penalty, the Secretary--
(A) shall take into account the nature,
circumstance, extent, and gravity of the violation; and
(B) may take into account the ability to pay, the
effect on ability to continue to do business, any
history of prior violations, the degree of culpability
of the violator, and any other factors the Secretary
considers appropriate.
(3) Settlement of civil penalties.--The Secretary may
compromise, modify, or remit, with or without conditions, a
civil penalty that may be assessed under this subsection.
(4) Finality of orders.--
(A) In general.--An order of the Secretary
assessing a civil penalty shall be treated as a final
order reviewable under chapter 158 of title 28, United
States Code.
(B) Collection action.--The validity of an order of
the Secretary may not be reviewed in an action to
collect the civil penalty.
(C) Interest.--A civil penalty not paid in full
when due under an order assessing the civil penalty
shall (after the due date) accrue interest until paid
at the rate of interest applicable to a civil judgment
of the courts of the United States.
(5) Guidelines for civil penalties.--The Secretary shall
coordinate with the Attorney General to establish guidelines to
determine under what circumstances the Secretary may issue a
civil penalty or suitable notice of warning in lieu of
prosecution by the Attorney General of a violation of a plant
quarantine law.
(d) Civil Forfeiture.--
(1) In general.--There shall be subject to forfeiture to
the United States any property, real or personal--
(A) used to commit or to facilitate the commission
of a violation (other than a misdemeanor) described in
subsection (a); or
(B) constituting, derived from, or traceable to
proceeds of a violation described in subsection (a).
(2) Procedures.--
(A) In general.--Subject to subparagraph (B), the
procedures of chapter 46 of title 18, United States
Code, relating to civil forfeitures shall apply to a
seizure or forfeiture under this subsection, to the
extent that the procedures are applicable and
consistent with this subsection.
(B) Performance of duties.--Duties imposed on the
Secretary of the Treasury under chapter 46 of title 18,
United States Code, shall be performed with respect to
seizures and forfeitures under this subsection by
officers, employees, agents, and other persons
designated by the Secretary of Agriculture.
(e) Liability for Acts of an Agent.--For the purposes of a plant
quarantine law, the act, omission, or failure of an officer, agent, or
person acting for or employed by any other person within the scope of
employment or office of the officer, agent, or person, shall be
considered to be the act, omission, or failure of the other person.
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