(a) In generalAny person that causes harm to, or interferes with, an animal used for the purposes of official inspections by the Department of Agriculture or the Department of Homeland Security, may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary of Agriculture or the Secretary of Homeland Security not to exceed $10,000.
(b) Factors in determining civil penaltyIn determining the amount of a civil penalty, the Secretary concerned shall take into account the nature, circumstance, extent, and gravity of the offense.
(c) Settlement of civil penaltiesThe Secretary concerned 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 generalThe order of the Secretary concerned assessing a civil penalty shall be treated as a final order reviewable under chapter 158 of title 28. The validity of the order of the Secretary concerned may not be reviewed in an action to collect the civil penalty.
(2) InterestAny 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.
(e) Secretary concerned definedIn this section and section 2279f of 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.
Structure US Code
CHAPTER 55— DEPARTMENT OF AGRICULTURE
§ 2201. Establishment of Department
§ 2202. Executive Department; Secretary
§ 2204. General duties of Secretary; advisory functions; research and development
§ 2204–1. Delegation of regulatory functions of Secretary of Agriculture; definitions
§ 2204–3. Authority of designated employees; retroactive revocation of delegation
§ 2204–4. Delegation of functions under other laws as unaffected
§ 2204–5. Authorization of appropriations for cooperative research projects
§ 2204b. Rural development policy
§ 2204b–2. Temporary prioritization of rural health assistance
§ 2204b–3. Council on Rural Community Innovation and Economic Development
§ 2204b–4. Institute for Rural Partnerships
§ 2204c. Water management for rural areas
§ 2204d. Encouragement of private contracting
§ 2204e. Office of Risk Assessment and Cost-Benefit Analysis
§ 2204g. Authority of Secretary of Agriculture to conduct census of agriculture
§ 2204h. Local food production and program evaluation
§ 2204i. Reports on land access and farmland ownership data collection
§ 2204j. National agriculture imagery program
§ 2205. Duties of former Commissioner of Agriculture transferred to Secretary
§ 2206. Custody of property and records
§ 2206a. Conveyance of excess Federal personal property
§ 2206b. Availability of excess and surplus computers in rural areas
§ 2207a. Reports to Congress on obligation and expenditure
§ 2208. Expenditure of appropriations; accounting
§ 2208a. Loan levels provided to Department of Agriculture
§ 2209. Additional statement of expenditures
§ 2209a. Advances to chiefs of field parties
§ 2209b. Availability of appropriations
§ 2209c. Use of funds for one-year contracts to be performed in two fiscal years
§ 2209d. Statement of percentage and dollar amount of Federal funding
§ 2209e. Prohibition on payments to parties involved with prohibited drug-producing plants
§ 2209f. Restriction on commodity purchase program payments
§ 2209g. Availability of funds for uniforms or allowances
§ 2209h. Reimbursement of Office of the General Counsel
§ 2209i. Funding for preparation of final agency decisions regarding discrimination complaints
§ 2209j. Permanent debarment from participation in Department of Agriculture programs for fraud
§ 2209k. Prohibition on payments to fossil fuel refiners and importers
§ 2210. Deputy Secretary of Agriculture; appointment
§ 2211. Powers and duties of Deputy Secretary of Agriculture
§§ 2211b to 2212c. Repealed. , §§ 218(e)(2)–(6), 231(f)(1), , , 3219
§ 2214. General Counsel; appointment
§ 2217a. Power to administer oaths, examine witnesses, or require production of books, etc.
§ 2218. Fee for administering or taking oaths, affirmations, and affidavits
§ 2219a. Overtime and holiday pay
§ 2221. Details of persons from or to office of Secretary
§ 2223. Details of employees from and to library and bureaus and offices
§ 2225. Employment of temporary personnel
§ 2225a. Contracts for consulting services
§ 2225b. Personal service contracts for veterinarians
§ 2225c. Employment contracts for services abroad
§ 2225d. Availability of Department of Agriculture funds for temporary employment
§ 2226. Employment of persons for forest fire fighting, pest control, and handling of animals
§ 2228. Emergency subsistence for employees
§ 2229. Travel and per diem expenses of temporary or seasonal employees
§ 2230. Employees in Alaska; subsistence, equipment, and supplies
§ 2231. Official expenses of employees stationed abroad
§ 2231a. Reimbursement of employees for costs of State licenses and certification fees
§ 2231b. First amendment rights of employees of the United States Department of Agriculture
§ 2232. Stenographic reporting service
§ 2233. Funds available for expenses of advisory committees
§ 2234. Purchases for bureaus from appropriations for contingent expenses
§ 2235a. Deposit and retention of credit card refunds or rebates
§ 2236. Working capital fund for Agricultural Research Center; establishment
§ 2237. Use of field work funds for employment of men with equipment, etc.
§ 2238. Use of field work funds for purchase of arms and ammunition
§ 2239. Funds for printing, binding, and scientific and technical article reprint purchases
§ 2241. Sale or exchange of animals or animal products
§ 2241a. Exchange or sale authority
§ 2241b. Purchase of seeds and plants for distribution
§ 2242a. User fees for reports, publications, and software
§ 2242b. Translation of publications into foreign languages
§ 2243. Sale of photographic prints and maps
§ 2245. Sale of prints and lantern slides
§ 2246. Loan, rental, or sale of films
§ 2247. Sale of samples of pure sugars
§ 2247a. Farm or food products; sale of samples, practical forms, etc.
§ 2248. Statistics relating to turpentine and rosin
§ 2249. Amount and character of cooperation
§ 2250. Construction and repair of buildings and public improvements
§ 2250b. Nonrecurring expenses fund
§ 2253. Adjustment by Secretary of titles to lands acquired by Government and subject to his control
§ 2255. Membership in International Wheat Advisory Committee, International Sugar Council, etc.
§ 2255a. Financial assistance to national and international conferences
§ 2255b. Department of Agriculture conference transparency
§ 2257. Interchangeability of funds for miscellaneous expenses and general expenses
§ 2258. Purchase of newspapers
§ 2259. Market-inspection certificates as prima facie evidence
§§ 2260, 2260a. Repealed. , (4), ,
§ 2262. Employee liability insurance on motor vehicles in foreign countries
§ 2264. National Agricultural Library; acceptance of gifts, bequests, or devises; conditional gifts
§ 2265. Deposit of money accepted for benefit of National Agricultural Library; disbursement
§ 2266. Congressional reaffirmation of policy to foster and encourage family farms
§ 2266a. Century Farms program
§ 2266b. Eligibility for operators on heirs property land to obtain a farm number
§ 2268. Public lands; relinquishment
§ 2268a. Acquisition of land; options
§ 2270. Authority of Office of Inspector General
§ 2270a. Office of Inspector General; transfer of forfeiture funds for law enforcement activities
§ 2270c. Submission of results
§ 2271. Marketing education programs for small and medium size family farm operations
§ 2271a. Advanced marketing training for farmers and ranchers
§ 2272. Volunteers for Department of Agriculture programs
§ 2272a. Funds for incidental expenses and promotional items relating to volunteers
§ 2273. Local search and rescue operations
§ 2274. Firearm authority of employees engaged in animal quarantine enforcement
§ 2274a. Firearm authority of employees conducting field work in remote locations
§ 2276. Confidentiality of information
§ 2277. Contracts by Animal and Plant Health Inspection Service for services to be performed abroad
§ 2278. Consistency with international obligations of United States
§ 2279. Farming opportunities training and outreach
§ 2279–1. Transparency and accountability for socially disadvantaged farmers and ranchers
§ 2279–2. Report of civil rights complaints, resolutions, and actions
§ 2279a. Fair and equitable treatment of socially disadvantaged producers
§ 2279b. Department of Agriculture educational, training, and professional development activities
§ 2279c. Student internship programs
§ 2279d. Compensatory damages in claims under Rehabilitation Act of 1973
§ 2279g. Marketing services; cooperative agreements
§ 2279h. Cross-servicing activities of National Finance Center
§ 2279i. Cooperation with State and other agencies; expenditures
§ 2279k. Authorization of protection operations for the Secretary of Agriculture and others