§ 2279e. Civil penalty

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2000

   Agricultural Risk Protection Act of 2000

   Pub. L. 106–224 title V § 501 · 114 Stat. 358

   Enacted · 7 U.S.C. § 2279e

   Pub. L. 106–224, title V, § 501, June 20, 2000, 114 Stat. 455

   Source evidence

   Code source credit
   Pub. L. 106–224, title V, § 501, June 20, 2000, 114 Stat. 455

   Enacted provision · exact public law section
   SEC. 501. CIVIL PENALTY. (a) In General.— Any person that causes harm to, or interferes with, an animal used for the purposes of official inspections by the Department of Agriculture, may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary of Agriculture not to exceed $10,000. (b) Factors in Determining Civil Penalty.— In determining the amount of a civil penalty, the Secretary shall take into account the nature, circumstance, extent, and gravity of the offense. (c) Settlement of Civil Penalties.— The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that may be assessed under this section. (d) Finality of Orders.— (1) In general.— The 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. The validity of the order of the Secretary may not be reviewed in an action to collect the civil penalty. (2) 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 judgments of the courts of the United States.

2. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 § 421(h)(1) · 116 Stat. 2135

   Inserted · 7 U.S.C. § 2279e(a)

   Pub. L. 107–296, § 421(h)(1), inserted “or the Department of Homeland Security” after “Department of Agriculture” and “or the Secretary of Homeland Security” after “Secretary of Agriculture”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–296, § 421(h)(1), inserted “or the Department of Homeland Security” after “Department of Agriculture” and “or the Secretary of Homeland Security” after “Secretary of Agriculture”.

   Enacted provision · exact public law section
   (1) in section 501(a)— (A) by inserting “or the Department of Homeland Security” after “Department of Agriculture”; and (B) by inserting “or the Secretary of Homeland Security” after “Secretary of Agriculture”;

   Effective date note
   Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

3. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 § 421(h)(2) · 116 Stat. 2135

   Substituted · 7 U.S.C. § 2279e(b)(d)(1)

   Pub. L. 107–296, § 421(h)(2), substituted “Secretary concerned” for “Secretary” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (b) to (d)(1). Pub. L. 107–296, § 421(h)(2), substituted “Secretary concerned” for “Secretary” wherever appearing.

   Enacted provision · exact public law section
   (2) by striking “Secretary” each place it appears (other than in sections 501(a) and 501(e)) and inserting “Secretary concerned”; and

   Effective date note
   Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

4. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 § 421(h)(3) · 116 Stat. 2135

   Added · 7 U.S.C. § 2279e(e)

   Pub. L. 107–296, § 421(h)(3), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 107–296, § 421(h)(3), added subsec. (e).

   Enacted provision · exact public law section
   (3) by adding at the end of section 501 the following new subsection: “(e) Secretary Concerned Defined.— In this title, the term ‘Secretary concerned’ means— “(1) the Secretary of Agriculture, with respect to an animal used for purposes of official inspections by the Department of Agriculture; and “(2) the Secretary of Homeland Security, with respect to an animal used for purposes of official inspections by the Department of Homeland Security.”.

   Effective date note
   Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

4 of 4 references resolved to an enrolled provision