trator on scientific matters involved in the re-
view.
‘‘(E) For purposes of this paragraph, the
term ‘plant-incorporated Bt pesticide’ means a
plant-incorporated pesticide described in sub-
paragraph (A).’’.
SEC. 8. PROHIBITION ON LABELING CERTAIN SEEDS AS
NON-GENETICALLY ENGINEERED.
A seed company or other person may not sell, or offer
for sale, seeds for planting that are labeled as non-geneti-
cally engineered or otherwise represented as not con-
taining genetically engineered material if the Secretary
finds that any sample of the seeds contains genetically en-
gineered material.
SEC. 9. PROHIBITION ON CERTAIN NON-FERTILE PLANT
SEEDS.
Notwithstanding any other provision of law, effective
45 days after the date of the enactment of this Act, a
person may not manufacture, distribute, sell, plant, or
otherwise use any seed that is genetically engineered to
produce a plant whose seeds are not fertile or are rendered
infertile by the application of an external chemical inducer.
SEC. 10. PROHIBITION ON LOAN DISCRIMINATION.
A financial institution may not discriminate against
an agricultural producer that refuses to use genetically en-
gineered plants or animals or add as condition to a loan
the requirement that the producer use genetically engi-
neered plants or animals.
SEC. 11. CIVIL PENALTIES FOR VIOLATION.
(a) AUTHORITY TO ACCESS PENALTIES.—The Sec-
retary may assess, by written order, a civil penalty against
a biotech company or other person that violates a provi-
sion of this Act, including a regulation promulgated or
order issued under this Act. Each violation, and each day
during which a violation continues, shall be a separate of-
fense.
(b) AMOUNT
AND FACTORS
IN ACCESSING PEN-
ALTIES.—The maximum amount that may be accessed
under this section for a violation may not exceed
$100,000. In determining the amount of the civil penalty,
the Secretary shall take into account—
(1) the gravity of the violation;
(2) the degree of culpability;
(3) the size and type of the business; and
(4) any history of prior offenses under this Act
or other laws administered by the Secretary.
(c) NOTICE AND OPPORTUNITY FOR HEARING.—The
Secretary shall not assess a civil penalty under this section
against a biotech company or other person unless the com-
pany is given notice and opportunity for a hearing on the
record before the Secretary in accordance with sections
554 and 556 of title 5, United States Code.
(d) JUDICIAL REVIEW.—(1) An order assessing a
civil penalty against a person under subsection (a) may
be reviewed only in accordance with this subsection. The
order shall be final and conclusive unless the person—
(A) not later than 30 days after the effective
date of the order, files a petition for judicial review
in the United States court of appeals for the circuit
in which the person resides or has its principal place
of business or in the United States Court of Appeals
for the District of Columbia; and
(B) simultaneously sends a copy of the petition
by certified mail to the Secretary.
(2) The Secretary shall promptly file in the court a
certified copy of the record on which the violation was
found and the civil penalty assessed.
(e) COLLECTION ACTION FOR FAILURE TO PAY AS-
SESSMENT.—If a person fails to pay a civil penalty after
the order assessing the civil penalty has become final and
unappealable, the Secretary shall refer the matter to the
Attorney General, who shall bring a civil action to recover
the amount of the civil penalty in United States district
court. In the collection action, the validity and appro-
priateness of the order of the Secretary imposing the civil
penalty shall not be subject to review.
SEC. 12. CITIZEN SUITS.
(a) IN GENERAL.—Except as provided in subsection
(c), any person may commence a civil action in an appro-
priate district court of the United States against—
(1) a person who has introduced a genetically
engineered organism into the environment without
approval under this Act;
(2) the Secretary, where there is alleged a fail-
ure of the Secretary to perform any act or duty
under this Act that is the responsibility of the Sec-
retary and is not discretionary; or
(3) the head of another Federal agency, if there
is alleged a failure of the agency head to perform
any act or duty under this Act that is the responsi-
bility of the agency head and is not discretionary.
(b) RELIEF.—In a civil action under this section, the
district court involved may, as the case may be—
(1) enforce the compliance of a person with the
applicable provisions referred to in the complaint; or
(2) order the Secretary or the agency head to
perform the act or duty referred to in the complaint.
(c) LIMITATIONS.—
(1) NOTICE TO SECRETARY.—A civil action may
not be commenced under subsection (a)(1) prior to
60 days after the plaintiff has provided to the Sec-
retary notice of the violation involved.
(2) RELATION TO ACTIONS OF SECRETARY.—A
civil action may not be commenced under subsection
(a)(1) against the Secretary if the Secretary has
commenced and is diligently prosecuting a civil or
criminal action in a district court of the United
States to enforce compliance with the applicable pro-
visions referred to in the complaint.
(d) RIGHT OF SECRETARY TO INTERVENE.—In any
civil action under subsection (a)(1), the Secretary , if not
a party, may intervene as a matter of right.
(e) AWARD OF COSTS; FILING OF BOND.—In a civil
action under subsection (a), the district court involved
may award costs of litigation (including reasonable attor-
ney and expert witness fees) to any party whenever the
court determines such an award is appropriate. The court
may, if a temporary restraining order or preliminary in-
junction is sought, require the filing of a bond or equiva-
lent security in accordance with the Federal Rules of Civil
Procedure.
(f) SAVINGS PROVISION.—This section does not re-
strict any right that a person (or class of persons) may
have under any statute or common law to seek enforce-
ment of the provisions of this Act, or to seek any other
relief (including relief against the Secretary or the head
of another Federal agency).
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