Date: 1982-09-28
Speaker: DE LA GARZA (democrat)
Chamber: H

Mr. Speaker. I yield myself such time as I may consume. Mr. Speaker. I rise in support of H.R. 6679. a bill to authorize the Secretary of Agriculture to assess civil penalties with respect to violations of certain acts relating to animal and plant quarantine laws and to increase the amount of criminal fines which may be imposed with respect to violations of such acts. H.R. 6679 expands the scope of sanctions for violations of certain animal and plant quarantine laws established to prevent the introduction into and dissemination in the United States. of livestock and poultry diseases. plant diseases. and plant pests. by adopting a degree of conformity in the criminal penalties and providing for the imposition of civil penalties for violations of said laws. rules. or regulations promulgated thereunder. Violations of laws designed to protect the United States against the introduction and dissemination of animal and plant diseases and pests. sometimes subject the violator to neither a criminal or a civil penalty. In other Instances. violators are only exposed to criminal sanctions. which. on many occasions. lack consistency or do not effectuate the purpose of the act involved. Criminal sanctions are vital in assuring the enforcement of our laws. but they are not enough. Criminal prosecution is a lengthy and cumbersome process in an already overburdened Judicial system. While the system moves sluggishly. the violator is often free to continue the. same practices which threaten the American agricultural industry. Civil penalties. on the other hand. can be imposed administratively. insuring that the violator will be dealt with in a timely and effective manner. Moreover. a monetary penalty is more real to most than a - distant and lengthy legal process that may or may not be instituted and that can sometimes be overcome. Civil penalties can thus become not only an effective enforcement tool but a potential deterrent as well. Mr. Speaker. let me cite some exampies of the numerous and daily problems that confront the Animal and Plant Health Inspection Service that administers these laws. so that we can better understand the need for these proposed amendment.-. Many of our laws and regulations to control interstate and foreign com-. merce movement of animals require that these animals be accompanied by papers showing ownership. identification. and records of health tests. This information is essential to the accomplishment of our mission. which is to prevent the introduction or dissemination of any communicable animal disease into and within the United States. In the event of an outbreak of an exotic disease. this information is used to assist the veterinarian to trace back any animals found to be infected to their herd of orgin. For example. there have been cases where horses found to be infected with equine infectious anemia (EIA)a communicable disease which is spread by biting insectshave been shipped interstate without the required paperwork. Although these horses. may appear to recover from EIA. they remain carriers for life. and have the potential for endangering the health of other horses. Yet. violators have received only minor fines and been placed on probation for 1 year. In other cases. violators that have been prosecuted. and in rare instances. placed on probation for 1 year. have received minimal fines for illegally shipping diseased cattle. destined for slaughter. to their own premises and subsequently selling the animals. On the foreign commerce side. small fines have been imposed on violators for attempting to export animals from the United States without the required U.S. origin health certificate. These certificates are required to assure foreign livestock importers and foreign veterinary health officials that exported U.S. livestock and poultry are free of communicable diseases. Further. Mr. Speaker. persons and baggage entering the United States from foreign countries are inspected for prohibited agricultural materialsboth animal and plantat U.S. ports of entry. Also. articles moving in commerce are inspected for prohibited pests. Our port of entry inspections of the baggage of incoming travelers routinely disclose large quantities of prohibited plant and animal products. Our inspectory indicate that deliberate concealment is involved in many interceptions of prohibited agricultural materials. These violations present a real and constant threat for the introduction of destructive animal and plant diseases and pests into the United States. We believe that authority to impose civil money penalties will enable- the Department to handle violations more expeditiously. provide greater flexibility in sanctions for more effective enforcement. and insure a greater degree of consistency in sanctions imposed. Also. Mr. Speaker. we are aware that some violators could consider the payment of civil money penalties as merely a cost of doing business. Therefore. to deter potential violators and discourage repeat violations. the bill retains the current criminal sanctions. provides. criminal sanctions where none exist. and adds violations to rules and regulations promulgated under these laws as a punishable offense. It also increases the monetary penalties where they already exist and adjusts the imprisonment provisions to a degree of consistency and conformity with the nature of the offense. Finally. In order to assure that the public is protected against arbitrary or capricious action by the Secretary. each of the civil perialty provisions added by the bill requires that such a penalty may be assessed only after notice and opportunity for an agency hearing on the record. Further. an order by the Secretary imposing a civil penalty is subject to court review. I ask all Members to join me in supporting enactment of H.R. 6679.