Page:United States Statutes at Large Volume 114 Part 1.djvu/491

 PUBLIC LAW 106-224 —JUNE 20, 2000 114 STAT. 455 Subtitle D—Authorization of Appropriations SEC. 441. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such amounts as may be necessary to carry out this title. Except as specifically authorized by law, no part of the money appropriated under this section shall be used to pay indemnities for property injured or destroyed by or at the direction of the Secretary. SEC. 442. TRANSFER AUTHORITY. (a) AUTHORITY TO TRANSFER CERTAIN FUNDS. — In connection with an emergency in which a plant pest or noxious weed threatens any segment of the agricultural production of the United States, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department of Agriculture such amounts as the Secretary considers necessary to be available in the emergency for the arrest, control, eradication, and prevention of the spread of the plant pest or noxious weed and for related expenses. (b) AVAILABILITY. —Any funds transferred under this section shall remain available for such purposes without fiscal year limitation. TITLE V—INSPECTION ANIMALS 7 USC 7771. 7 USC 7772. SEC. 501. CIVIL PENALTY. 7 USC 2279e. (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, he 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 penedty. (2) INTEREST. — Any civil penalty not paid in full when due under an order assessing the civil penalty shall thereafter accrue interest until p£dd at the rate of interest applicable to civil judgments of the courts of the United States. SEC. 502. SUBPOENA AUTHORITY. 7 USC 2279f. (a) IN GENERAL.— The Secretary shall have power to subpoena the attendance and testimony of any witness, and the production of all documentary evidence relating to the enforcement of section 501 or any matter under investigation in connection with this title.

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