[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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