I
106TH CONGRESS
2D SESSION
H. R. 4801
To consolidate and revise the authority of the Secretary of Agriculture relating
to protection of animal health.
IN THE HOUSE OF REPRESENTATIVES
JUNE 29, 2000
Mr. PETERSON of Minnesota (for himself and Mr. POMBO) introduced the fol-
lowing bill; which was referred to the Committee on Agriculture, and in
addition to the Committee on the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To consolidate and revise the authority of the Secretary
of Agriculture relating to protection of animal health.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Animal Health Protection Act’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Restriction on importation or entry.
Sec. 5. Exportation.
Sec. 6. Interstate movement.
Sec. 7. Seizure, quarantine, and disposal.
Sec. 8. Inspections, seizures, and warrants.
Sec. 9. Detection, control, and eradication of diseases and pests.
Sec. 10. Veterinary accreditation program.
Sec. 11. Cooperation.
Sec. 12. Reimbursable agreements.
Sec. 13. Buildings, land, people, agreements, and claims.
Sec. 14. Firearms.
Sec. 15. Penalties for violation.
Sec. 16. Enforcement.
Sec. 17. Authorization of appropriations and transfer authority.
Sec. 18. Regulations and orders.
Sec. 19. Preemption.
Sec. 20. Severability.
Sec. 21. Repeals and conforming amendments.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the prevention, detection, control, and eradi-
cation of diseases and pests of animals are essential
to protect animal health and the health and welfare
of the people of the United States, the economic in-
terests of the United States livestock and related in-
dustries, the environment of the United States, and
interstate and foreign commerce of the United
States in animals and other articles;
(2) animal diseases and pests are primarily
transmitted by animals and articles regulated under
this Act;
(3) the health of animals is affected by the
methods by which animals and articles are trans-
ported in interstate commerce and foreign com-
merce;
(4) the Secretary must continue to conduct re-
search on animal diseases and pests which con-
stitutes a threat to the livestock of the United
States; and
(5) all animals and articles regulated under this
Act are in or affect interstate commerce or foreign
commerce, and regulation by the Secretary and co-
operation by the Secretary with other nations, States
or other jurisdictions, or persons are necessary to
prevent and eliminate burdens on interstate com-
merce and foreign commerce, to regulate effectively
interstate commerce and foreign commerce, and to
protect the agriculture, the environment, the econ-
omy, and the health and welfare of the people of the
United States.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) ANIMAL.—The term ‘‘animal’’ means any
member of the animal kingdom (except humans), in-
cluding embryos.
(2) ARTICLE.—The term ‘‘article’’ means any
pest or disease or any material or tangible object
that could harbor pests or diseases.
(3) DISEASE.—The term ‘‘disease’’ means any
infectious or non-infectious disease or condition af-
fecting the health of livestock or any condition detri-
mental to production or marketing of livestock.
(4) ENTER AND ENTRY.—The terms enter and
entry mean to move into, or the act of movement
into, the commerce of the United States.
(5) EXPORT
AND
EXPORTATION.—The terms
export and exportation mean to move from, or the
act of movement from, the United States to any
place outside of the United States.
(6) FACILITY.—The term ‘‘facility’’ means any
structure.
(7) IMPORT AND IMPORTATION.—The term im-
port and importation mean to move into, or the act
of movement into, the territorial limits of the United
States.
(8) 
INTERSTATE.—The 
term 
‘‘interstate’’
means—
(A) from one State into or through any
other State; or
(B) within the District of Columbia,
Guam, the Virgin Islands of the United States,
or any other territory or possession of the
United States.
(9) INTERSTATE COMMERCE.—The term ‘‘inter-
state commerce’’ means trade, traffic, or other
commerce—
(A) between a place in a State and a point
in another State, or between points within the
same State but through any place outside that
State; or
(B) within the District of Columbia,
Guam, the Virgin Islands of the United States,
or any other territory or possession of the
United States.
(10) LIVESTOCK.—The term ‘‘livestock’’ means
all farm-raised animals, including embryos of such
animals.
(11) MEANS
OF
CONVEYANCE.—The term
‘‘means of conveyance’’ means any personal property
used for or intended for use for the movement of
any other personal property.
(12) MOVE AND RELATED TERMS.—The terms
move, moving, and movement mean—
(A) to carry, enter, import, mail, ship, or
transport;
(B) to aid, abet, cause, or induce the car-
rying, entering, importing, mailing, shipping, or
transporting;
(C) to offer to carry, enter, import, mail,
ship, or transport;
(D) to receive in order to carry, enter, im-
port, mail, ship, or transport;
(E) to release into the environment; or
(F) to allow any of the activities included
within this paragraph.
(13) PERSON.—The term ‘‘person’’ means any
individual, partnership, corporation, association,
joint venture, or other legal entity.
(14) PEST.—The term pest means any living
stage of any of the following that can directly or in-
directly injure, cause damage to, or cause disease in
any animal:
(A) A protozoan.
(B) A plant.
(C) A bacteria.
(D) A fungus.
(E) A virus or viroid.
(F) An infectious agent or other pathogen.
(G) An arthropod.
(H) A parasite.
(I) A prion.
(J) A vector.
(K) Any organism similar to or allied with
any of the organisms specified in the preceding
subparagraphs.
(15) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Agriculture.
(16) STATE.—The term ‘‘State’’ means any of
the several States of the United States, the Com-
monwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, the District of Co-
lumbia, Guam, the Virgin Islands of the United
States, or any other territory or possession of the
United States.
(17) THIS ACT.—Except when used in this sec-
tion, the term this Act includes any regulation or
order issued by the Secretary under the authority of
this Act.
(18) UNITED
STATES.—The term ‘‘United
States’’ means all of the States.
SEC. 4. RESTRICTION ON IMPORTATION OR ENTRY.
(a) IN GENERAL.—The Secretary may prohibit or re-
strict the—
(1) importation or entry of any animal, article,
or means of conveyance or use of any means of con-
veyance or facility if the Secretary determines that
the prohibition or restriction is necessary to prevent
the possibility of introduction into or dissemination
within the United States of any pest or disease of
livestock;
(2) importation or entry of any livestock if the
Secretary determines that the livestock is unfit to be
moved;
(3) further movement of any animal that has
strayed into the United States if the Secretary de-
termines that the prohibition or restriction is nec-
essary to prevent the possibility of introduction or
dissemination of any disease or pest of livestock
within the United States; and
(4) use of any means of conveyance in connec-
tion with the importation or entry of livestock if the
Secretary determines that the prohibition or restric-
tion is necessary because the means of conveyance
does not have accommodations for the safe and
proper movement and humane treatment of live-
stock.
(b) REGULATIONS.—The Secretary may issue regula-
tions requiring that any animal, article, or means of con-
veyance imported, entered, or moved in interstate
commerce—
(1) be subject to remedial measures the Sec-
retary determines to be necessary to prevent the
spread of any disease or pest of livestock; and
(2) with respect to animals, be raised or han-
dled under post-import quarantine conditions by or
under the supervision of the Secretary for the pur-
poses of determining whether the animal may be af-
fected by any disease or pest of livestock.
(c) DESTRUCTION OR REMOVAL.—
(1) IN GENERAL.—The Secretary may order the
destruction or the removal from the United States
of—
(A) any animal, article, or means of con-
veyance that has been imported but has not en-
tered the United States if the Secretary deter-
mines that destruction or removal from the
United States is necessary to prevent the possi-
bility of the introduction or dissemination of
any disease or pest of livestock into or within
the United States;
(B) any animal, article, means of convey-
ance, or progeny of any animal that has been
imported or entered in violation of this Act;
(C) any livestock imported, but not en-
tered, that is unfit to be moved; and
(D) any animal that has strayed into the
United States if the Secretary determines that
destruction or removal from the United States
is necessary to prevent the possibility of the in-
troduction or dissemination of any disease or
pest of livestock into or within the United
States.
(2) REQUIREMENTS OF OWNERS.—If an owner
or agent of the owner fails to comply with the Sec-
retary’s order, the Secretary may destroy or remove
from the United States the animal, article, or means
of conveyance as authorized under paragraph (1)
and recover from the owner or agent of the owner
the costs of any care, handling, and disposal in-
curred by the Secretary in connection with the de-
struction or removal.
SEC. 5. EXPORTATION.
(a) IN GENERAL.—The Secretary may prohibit or re-
strict the—
(1) exportation of any animal, article, or means
of conveyance if the Secretary determines that the
prohibition or restriction is necessary to prevent the
possibility of dissemination from or within the
United States of any disease or pest of livestock;
introduction or dissemination of any disease or pest
of livestock; and
(2) use of any means of conveyance or facility
in connection with the movement in interstate com-
merce of any animal or article if the Secretary deter-
mines that the prohibition or restriction is necessary
to prevent the possibility of interstate introduction
or dissemination of any disease or pest of livestock.
(b) MOVEMENT OF LIVESTOCK.—
(1) IN GENERAL.—No person shall confine al-
paca, bison, buffalo, camel, cattle, deer, donkey, elk,
goat, horse, llama, mule, reindeer, sheep, swine, or
such other animals that the Secretary may designate
in regulation, except embryos of such animals and
equines for slaughter, moved in interstate commerce
in any means of conveyance for a period longer than
twenty-eight consecutive hours without unloading
such animals in a humane manner into properly
equipped pens for rest, water, and feeding, for a pe-
riod of at least five consecutive hours, unless pre-
vented by storm or by other accidental or unavoid-
able causes which cannot be anticipated or avoided
by the exercise of due diligence and foresight.
(2) TIME OF CONFINEMENT.—When calculating
the time of confinement, the time consumed in load-
ing and unloading shall not be considered, but the
time during which such animals have been confined
on any connecting means of conveyance without un-
loading in accordance with paragraph (1) shall be
included.
(3) RESTING AND FEEDING.—
(A) IN GENERAL.—Such animals unloaded
under this subsection shall be properly rested,
fed, and watered either by the owner or shipper,
or in the case of a default in so doing, then by
the owner or operator of the means of convey-
ance transporting such animals, at the reason-
able expense of the owner or shipper of such
animals.
(B) LIENS.—The owner or operator of the
means of conveyance transporting such animals
shall in such case have a lien upon such ani-
mals for food, water, care, and custody fur-
nished, collectible at destination in the same
manner as the transportation charges are col-
lected, and shall not be liable for any detention
when the detention is of reasonable duration to
enable compliance with this subsection.
(C) OWNER OR SHIPPER PROVIDING FOOD
OR WATER.—Nothing in this subsection shall be
construed to prevent the owner or shipper from
furnishing food and water, if the owner or ship-
per so desires.
(4) APPLICATION OF REQUIREMENT.—The re-
quirements of this subsection do not apply if such
animals are carried in any means of conveyance in
which proper food, water, space, and opportunity to
rest have been provided, as determined by the Sec-
retary.
SEC. 7. SEIZURE, QUARANTINE, AND DISPOSAL
(a) IN GENERAL.—The Secretary may hold, seize,
quarantine, treat, apply other remedial measures to, de-
stroy or otherwise dispose of—
(1) any animal, article, or means of conveyance
that is moving or has been moved in interstate com-
merce or has been imported and that the Secretary
has reason to believe may carry, may have carried,
may have been affected with or exposed to any pest
or disease of livestock at the time of movement or
which is otherwise in violation of this Act;
(2) any animal, article, means of conveyance, or
progeny of any animal that is moving or is being
handled or has moved or has been handled in inter-
state commerce in violation of this Act;
(3) any animal, article, means of conveyance, or
progeny of any animal that has been imported and
is moving or is being handled or has moved or has
been handled in violation of this Act; and
(4) any animal, article, means of conveyance, or
progeny of any animal that the Secretary finds is
not being maintained or has not been maintained in
accordance with any post-import quarantine, post-
import condition, post-movement quarantine, or
post-movement condition in accordance with this
Act.
(b) EXTRAORDINARY EMERGENCY.—
(1) IN GENERAL.—If the Secretary determines
that an extraordinary emergency exists because of
the presence in the United States of a dangerous
disease or pest of livestock and that the presence of
the disease or pest threatens the livestock of the
United States, the Secretary may—
(A) quarantine any State, portion of a
State, or premises in which the Secretary
finds—
(i) any animal that is or may have
been affected with or exposed to the dis-
ease or pest; or
(ii) any article, facility, or means of
conveyance that the Secretary finds is or
was so related to an animal that was pos-
sibly affected or exposed to the disease or
pest or so related to the disease or pest as
to be a possible means of disseminating the
disease or pest;
(B) hold, seize, treat, apply other remedial
measures to, destroy, or otherwise dispose of—
(i) any animal that the Secretary has
reason to believe is or may have been af-
fected with or exposed to the disease or
pest, or
(ii) any article, facility, or means of
conveyance that the Secretary has reason
to believe is or was so related to an animal
that was possibly affected or exposed to
the disease or pest as to be a possible
means of disseminating the disease or pest;
(C) prohibit or restrict the movement with-
in a State of any animal or article, or means of
conveyance if the Secretary determines that the
prohibition or restriction is necessary to prevent
the possibility of dissemination of the disease or
pest; and
(D) prohibit or restrict the use of any arti-
cle, means of conveyance, or facility in connec-
tion with the movement within a State of any
animal or article if the Secretary determines
that the prohibition or restriction is necessary
to prevent the possibility of dissemination of the
disease or pest.
(2) LIMITATION.—The Secretary may take ac-
tion under this subsection upon finding, after review
and consultation with the Governor or other appro-
priate official of the State, that measures being
taken by the State are inadequate to control and
eradicate the disease or pest. Before any action is
taken in any State under this subsection, the Sec-
retary shall notify the Governor or other appropriate
official of the State, issue a public announcement,
and, except as provided in the following sentence,
file for publication in the Federal Register a state-
ment of the Secretary’s findings, the action the Sec-
retary intends to take, and the reasons for the in-
tended action. If it is not possible to file for publica-
tion in the Federal Register prior to taking action,
the filing shall be made within a reasonable time,
not to exceed 10 business days, after commencement
of the action.
(c) DISPOSAL AND QUARANTINE REQUIREMENTS OF
OWNERS.—The Secretary, in writing, may order the
owner of any animal, article, facility, or means of convey-
ance referred to in subsections (a) or (b), or the agent
of the owner, to maintain in quarantine and to dispose
of the animal, article, facility, or means of conveyance in
any manner as the Secretary may direct. If the owner or
agent of the owner fails to comply with the Secretary’s
order, the Secretary may seize, quarantine, or dispose of
the animal, article, facility, or means of conveyance as au-
thorized by subsection (a) or (b) and recover from the
owner, or agent of the owner, the costs of any care, han-
dling, and disposal incurred by the Secretary in connection
with the seizure, quarantine, or disposal.
(d) COMPENSATION.—
(1) IN
GENERAL.—The Secretary shall com-
pensate the owner of any animal, article, facility, or
means of conveyance which the Secretary requires to
be destroyed pursuant to this section.
(2) LEVEL.—
(A) IN GENERAL.—The compensation shall
be based upon the fair market value as deter-
mined by the Secretary of the animal, article,
facility, or means of conveyance.
(B) LIMITATION.—Compensation paid any
owner under this subsection shall not exceed the
difference between any compensation received
by the owner from a State or other source and
the fair market value of the animal, article, fa-
cility, or means of conveyance.
(C) 
REVIEWABILITY
OF
DETERMINA-
TION.—The determination by the Secretary of
the amount to be paid under this subsection
shall be final and shall not be subject to judicial
review.
(3) EXCEPTIONS.—No payment shall be made
by the Secretary under this subsection for—
(A) any animal, article, facility, or means
of conveyance that has been moved or handled
by the owner or the owner’s agent, in violation
of an agreement for the control and eradication
of diseases or pests or in violation of this Act;
(B) any progeny of any animal or article,
which animal or article has been moved or han-
dled by the owner of the animal or article, or
the owner’s agent, in violation of this Act;
(C) any animal, article, or means of con-
veyance that is refused entry under this Act; or
(D) any animal, article, facility, or means
of conveyance that becomes or has become af-
fected with or exposed to any disease or pest of
livestock because of a violation of an agreement
for the control and eradication of diseases or
pests or a violation of this Act.
SEC. 8. INSPECTIONS, SEIZURES, AND WARRANTS.
(a) ROLE OF ATTORNEY GENERAL.—The activities
authorized by this section shall be carried out consistent
with guidelines approved by the Attorney General.
(b) WARRANTLESS INSPECTIONS.—The Secretary
may stop and inspect, without a warrant, any person or
means of conveyance moving—
(1) into the United States to determine whether
the person or means of conveyance is carrying any
animal or article regulated under this Act or is mov-
ing subject to this Act;
(2) in interstate commerce upon probable cause
to believe that the person or means of conveyance is
carrying any animal or article, regulated under this
Act or is moving subject to this Act; and
(3) in intrastate commerce from any State, por-
tion of a State, or premises quarantined under sec-
tion 7(b) upon probable cause to believe that the
person or means of conveyance is carrying any ani-
mal or article regulated under section 7(b) or is
moving subject to section 7(b).
(c) INSPECTIONS WITH A WARRANT.—
(1) GENERAL AUTHORITY.—The Secretary may
enter, with a warrant, any premises in the United
States for the purpose of making inspections and
seizures under this Act.
(2) APPLICATION
AND
ISSUANCE
OF
A
WAR-
RANT.—Upon proper oath or affirmation showing
probable cause to believe that there is on certain
premises any animal, article, facility, or means of
conveyance regulated under this Act, a United
States judge, a judge of a court of record in the
United States, or a United States magistrate judge
may, within the judge’s or magistrate’s jurisdiction,
issue a warrant for the entry upon the premises to
make any inspection or seizure under this Act. The
warrant may be applied for and executed by the Sec-
retary or any United States Marshal.
SEC. 9. DETECTION, CONTROL, AND ERADICATION OF DIS-
EASES AND PESTS.
(a) IN GENERAL.—The Secretary may carry out op-
erations and measures, including the drawing of blood and
diagnostic testing of animals, including animals at slaugh-
terhouses, stockyards, and other points of concentration
to—
(1) detect, control, and eradicate any disease or
pest of animals; and
(2) detect and control any conditions detri-
mental to production and marketing of livestock.
(b) COMPENSATION.—The Secretary may pay claims
growing out of the voluntary destruction of any animal
possibly affected with or exposed to any disease or pest.
SEC. 10. VETERINARY ACCREDITATION PROGRAM.
The Secretary may establish a veterinary accredita-
tion program consistent with the purposes of this Act, in-
cluding the establishment of standards of conduct for ac-
credited veterinarians.
SEC. 11. COOPERATION.
(a) IN GENERAL.—The Secretary may cooperate with
other Federal agencies, States or political subdivisions of
States, national governments, local governments of other
nations, domestic or international organizations, domestic
or international associations, and other persons to carry
out this Act.
(b) RESPONSIBILITY.—The person or other entity co-
operating with the Secretary shall be responsible for the
authority necessary to carry out the operations or meas-
ures on all lands and properties within the foreign country
or State, other than those owned or controlled by the
United States, and for other facilities and means as the
Secretary determines necessary.
(c) USE OF FUNDS.—In addition to the purposes
specified in this section, funds appropriated pursuant to
this section may be used for printing and binding without
regard to section 501 of title 44, United States Code, for
the employment of civilian nationals of countries involved,
and for the construction and operation of research labora-
tories, quarantine stations, and other buildings and facili-
ties for special purposes.
(d) SCREWWORMS.—
(1) IN
GENERAL.—The Secretary may inde-
pendently or in cooperation with national govern-
ments of other nations, international organizations,
or international associations produce and sell sterile
screwworms to any national government of other na-
tions, international organization, or international as-
sociation, if the Secretary determines that the live-
stock industry and related industries of the United
States will not be adversely affected by the produc-
tion and sale.
(2) PROCEEDS.—If the Secretary independently
produces and sells sterile screwworms in accordance
with paragraph (1), the proceeds of the sale shall be
deposited into the Treasury of the United States and
be credited to the appropriation from which the op-
erating expenses of the facility producing the sterile
screwworm have been paid. If the Secretary cooper-
ates to produce and sell sterile screwworms in ac-
cordance with paragraph (1), the proceeds of the
sale shall be divided between the United States and
the national government, international organization,
or international association with which the Secretary
cooperates, as determined by the Secretary. The
United States portion of the proceeds shall be depos-
ited into the Treasury of the United States and be
credited to the appropriation from which the oper-
ating expenses of the facility producing the sterile
screwworm have been paid.
(e) COOPERATION IN PROGRAM ADMINISTRATION.—
The Secretary may cooperate with State authorities or
other persons in the administration of regulations for the
improvement of livestock and their products.
(f) CONSULTATION WITH OTHER FEDERAL AGEN-
CIES.—The Secretary shall consult with the appropriate
Secretary or head of another Federal agency with respect
to any activity that is subject to regulation by that Federal
agency.
SEC. 12. REIMBURSABLE AGREEMENTS.
(a) AUTHORITY TO ENTER INTO AGREEMENTS.—
The Secretary may enter into reimbursable fee agreements
with persons for pre-clearance of animals or articles at lo-
cations outside the United States for movement into the
United States.
(b) FUNDS
COLLECTED
FOR
PRECLEARANCE.—
Funds collected for pre-clearance shall be credited to ac-
counts which may be established by the Secretary for this
purpose and shall remain available until expended for the
pre-clearance activities without fiscal year limitation.
(c) PAYMENT OF EMPLOYEES.—
(1) IN GENERAL.—Notwithstanding any other
law, the Secretary may pay employees of the United
States Department of Agriculture performing serv-
ices relating to imports into and exports from the
United States, for all overtime, night, or holiday
work performed by them at rates of pay established
by the Secretary.
(2) REIMBURSEMENT.—
(A) IN GENERAL.—The Secretary may re-
quire persons for whom the services are per-
formed to reimburse the Secretary for any sums
of money paid by the Secretary for the services.
(B) USE OF FUNDS.—All funds collected
under this subsection shall be credited to the
account that incurs the costs and shall remain
available until expended without fiscal year lim-
itation.
(d) LATE PAYMENT PENALTIES.—
(1) COLLECTION.—Upon failure to reimburse
the Secretary in accordance with this section, the
Secretary may assess a late payment penalty, and
the overdue funds shall accrue interest, as required
by section 3717 of title 31, United States Code.
(2) USE OF FUNDS.—Any late payment penalty
and any accrued interest shall be credited to the ac-
count that incurs the costs and shall remain avail-
able until expended without fiscal year limitation.
SEC. 13. BUILDINGS, LAND, PEOPLE, AGREEMENTS, AND
CLAIMS.
(a) IN GENERAL.—The Secretary may acquire and
maintain all real or personal property for special purposes
and employ any persons, make grants, and enter into any
contracts, cooperative agreements, memoranda of under-
standing, or other agreements necessary for carrying out
this Act.
(b) TORT CLAIMS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary may pay tort claims, in the
manner authorized in the first paragraph of section
2672 of title 28, United States Code, when the
claims arise outside the United States in connection
with activities authorized under this Act.
(2) REQUIREMENTS OF A CLAIM.—A claim may
not be allowed under this subsection unless it is pre-
sented in writing to the Secretary within two years
after the claim accrues.
SEC. 14. FIREARMS.
Any employee of the United States Department of
Agriculture designated by the Secretary and the Attorney
General of the United States may carry a firearm and use
a firearm when necessary for self-protection, in accordance
with regulations issued by the Secretary and the Attorney
General of the United States, while the employee is en-
gaged in the performance of the employee’s official duties
to carry out this Act.
SEC. 15. PENALTIES FOR VIOLATION.
(a) CRIMINAL PENALTIES.—Any person who know-
ingly violates this Act, or who knowingly forges, counter-
feits, or, without authority from the Secretary, uses, al-
ters, defaces, or destroys any certificate, permit, or other
document provided for in this Act shall be guilty of a mis-
demeanor, and, upon conviction, shall be fined in accord-
ance with the provisions of title 18, United States Code,
imprisoned for a period not exceeding one year, or fined
and imprisoned.
(b) CIVIL PENALTY.—
(1) IN GENERAL.—Any person who violates this
Act, or who forges, counterfeits, or, without author-
ity from the Secretary, uses, alters, defaces, or de-
stroys any certificate, permit, or other document
provided for in this Act may, after notice and oppor-
tunity for a hearing on the record, be assessed a
civil penalty by the Secretary—
(A) $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
Act by an individual moving regulated articles
not for monetary gain), $250,000 in the case of
any other person for each violation, and
$500,000 for all violations adjudicated in a sin-
gle proceeding; or
(B) twice the gross gain or gross loss for
any violation or forgery, counterfeiting, or un-
authorized use, defacing or destruction of a cer-
tificate, permit, or other document provided for
in this Act that results in the person deriving
pecuniary gain or causing pecuniary loss to an-
other.