[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1504 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 1504
To streamline, modernize, and enhance the authority of the Secretary of
Agriculture relating to plant protection and quarantine, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 21, 1999
Mr. Canady of Florida (for himself, Mr. Ewing, Mr. Ehrlich, Mr.
Etheridge, Mr. Condit, Mr. Foley, Mr. Blumenauer, Mrs. Thurman, Mr.
Boyd, and Mr. Hayes) introduced the following bill; which was referred
to the Committee on Agriculture, and in addition to the Committees on
the Judiciary, Resources, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To streamline, modernize, and enhance the authority of the Secretary of
Agriculture relating to plant protection and quarantine, and for other
purposes.
Be it enacted by the Senate and House of Representatives 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 ``Plant Protection
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--PLANT PROTECTION
Sec. 101. Regulation of movement of plant pests.
Sec. 102. Regulation of movement of plants, plant products, biological
control organisms, articles, noxious weeds,
and means of conveyance.
Sec. 103. Notification and holding requirements upon arrival.
Sec. 104. General remedial measures for new plant pests and noxious
weeds.
Sec. 105. Declaration of extraordinary emergency and resulting
authorities.
Sec. 106. Recovery of compensation for unauthorized activities.
Sec. 107. Control of grasshoppers and Mormon crickets.
Sec. 108. Certification for exports.
TITLE II--INSPECTION AND ENFORCEMENT
Sec. 201. Inspections, seizures, and warrants.
Sec. 202. Collection of information.
Sec. 203. Subpoena authority.
Sec. 204. Penalties for violation.
Sec. 205. Enforcement actions of Attorney General.
Sec. 206. Court jurisdiction.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Cooperation.
Sec. 302. Buildings, land, people, claims, and agreements.
Sec. 303. Reimbursable agreements.
Sec. 304. Regulations and orders.
Sec. 305. Protection for mail handlers.
Sec. 306. Preemption.
Sec. 307. Severability.
Sec. 308. Repeal of superseded laws.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
Sec. 401. Authorization of appropriations.
Sec. 402. Transfer authority.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the detection, control, eradication, suppression,
prevention, or retardation of the spread of plant pests or
noxious weeds is necessary for the protection of the
agriculture, environment, and economy of the United States;
(2) biological control is often a desirable, low-risk means
of ridding crops and other plants of plant pests and noxious
weeds, and its use should be facilitated by the Department of
Agriculture, other Federal agencies, and States whenever
feasible;
(3) the smooth movement of enterable plants, plant
products, biological control organisms, or other articles into,
out of, or within the United States is vital to the Nation's
economy and should be facilitated to the extent possible;
(4) export markets could be severely impacted by the
introduction or spread of plant pests or noxious weeds into or
within the United States;
(5) the unregulated movement of plant pests, noxious weeds,
plants, certain biological control organisms, plant products,
and articles capable of harboring plant pests or noxious weeds
could present an unacceptable risk of introducing or spreading
plant pests or noxious weeds;
(6) the existence on any premises in the United States of a
plant pest or noxious weed new to or not known to be widely
prevalent in or distributed within and throughout the United
States could constitute a threat to crops and other plants or
plant products of the United States and burden interstate
commerce or foreign commerce; and
(7) all plant pests, noxious weeds, plants, plant products,
articles capable of harboring plant pests or noxious weeds
regulated under this Act are in or affect interstate commerce
or foreign commerce.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) Article.--The term ``article'' means any material or
tangible object that could harbor plant pests or noxious weeds.
(2) Biological control organism.--The term ``biological
control organism'' means any enemy, antagonist, or competitor
used to control a plant pest or noxious weed.
(3) Enter and entry.--The terms ``enter'' and ``entry''
mean to move into, or the act of movement into, the commerce of
the United States.
(4) 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.
(5) Import and importation.--The terms ``import'' and
``importation'' mean to move into, or the act of movement into,
the territorial limits of the United States.
(6) 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.
(7) Interstate commerce.--The term ``interstate 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.
(8) 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.
(9) 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 carrying,
entering, importing, mailing, shipping, or
transporting;
(C) to offer to carry, enter, import, mail, ship,
or transport;
(D) to receive to carry, enter, import, mail, ship,
or transport;
(E) to release into the environment; or
(F) to allow any of the activities described in a
preceding clause.
(10) Noxious weed.--The term ``noxious weed'' means any
plant or plant product that can directly or indirectly injure
or cause damage to crops (including nursery stock or plant
products), livestock, poultry, or other interests of
agriculture, irrigation, navigation, the natural resources of
the United States, the public health, or the environment.
(11) Permit.--The term ``permit'' means a written or oral
authorization, including by electronic methods, by the
Secretary to move plants, plant products, biological control
organisms, plant pests, noxious weeds, or articles under
conditions prescribed by the Secretary.
(12) Person.--The term ``person'' means any individual,
partnership, corporation, association, joint venture, or other
legal entity.
(13) Plant.--The term ``plant'' means any plant (including
any plant part) for or capable of propagation, including trees,
tissue cultures, plantlet cultures, pollen, shrubs, vines,
cuttings, grafts, scions, buds, bulbs, roots, and seeds.
(14) Plant pest.--The term ``plant pest'' means any living
stage of any of the following that can directly or indirectly
injure, cause damage to, or cause disease in any plant or plant
product:
(A) A protozoan.
(B) A nonhuman animal.
(C) A parasitic plant.
(D) A bacteria.
(E) A fungus.
(F) A virus or viroid.
(G) An infectious agent or other pathogen.
(H) Any article similar to or allied with any of
the articles specified in the preceding subparagraphs.
(15) Plant product.--The term ``plant product'' means--
(A) any flower, fruit, vegetable, root, bulb, seed,
or other plant part that is not included in the
definition of plant; or
(B) any manufactured or processed plant or plant
part.
(16) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(17) State.--The term ``State'' means any of the several
States of the United States, the Commonwealth of the Northern
Mariana Islands, the Commonwealth of Puerto Rico, the District
of Columbia, Guam, the Virgin Islands of the United States, or
any other territory or possession of the United States.
(18) This act.--Except when used in this section, the term
``this Act'' includes any regulation or order issued by the
Secretary under the authority of this Act.
(19) United states.--The term ``United States'' means all
of the States.
TITLE I--PLANT PROTECTION
SEC. 101. REGULATION OF MOVEMENT OF PLANT PESTS.
(a) Prohibition of Unauthorized Movement of Plant Pests.--Except as
provided in subsection (b), no person shall import, enter, export, or
move in interstate commerce any plant pest, unless the importation,
entry, exportation, or movement is authorized under general or specific
permit and is in accordance with such regulations as the Secretary may
issue to prevent the introduction of plant pests into the United States
or the dissemination of plant pests within the United States.
(b) Authorization of Movement of Plant Pests by Regulation.--
(1) Exception to permit requirement.--The Secretary may
issue regulations to allow the importation, entry, exportation,
or movement in interstate commerce of specified plant pests
without further restriction if the Secretary finds that a
permit under subsection (a) is not necessary.
(2) Petition to add or remove plant pests from
regulation.--Any person may petition the Secretary to add a
plant pest to, or remove a plant pest from, the regulations
issued by the Secretary under paragraph (1).
(3) Response to petition by the secretary.--In the case of
a petition submitted under paragraph (2), the Secretary shall
act on the petition within a reasonable time and notify the
petitioner of the final action the Secretary takes on the
petition. The Secretary's determination on the petition shall
be based on sound science.
(c) Prohibition of Unauthorized Mailing of Plant Pests.--
(1) In general.--Any letter, parcel, box, or other package
containing any plant pest, whether sealed as letter-rate postal
matter or not, is nonmailable and shall not knowingly be
conveyed in the mail or delivered from any post office or by
any mail carrier, unless the letter, parcel, box, or other
package is mailed in compliance with such regulations as the
Secretary may issue to prevent the dissemination of plant pests
into the United States or interstate.
(2) Application of postal laws and regulations.--Nothing in
this subsection authorizes any person to open any mailed letter
or other mailed sealed matter except in accordance with the
postal laws and regulations.
(d) Regulations.--Regulations issued by the Secretary to implement
subsections (a), (b), and (c) may include provisions requiring that any
plant pest imported, entered, to be exported, moved in interstate
commerce, mailed, or delivered from any post office--
(1) be accompanied by a permit issued by the Secretary
prior to the importation, entry, exportation, movement in
interstate commerce, mailing, or delivery of the plant pest;
(2) be accompanied by a certificate of inspection issued
(in a manner and form required by the Secretary) by appropriate
officials of the country or State from which the plant pest is
to be moved;
(3) be raised under post-entry quarantine conditions by or
under the supervision of the Secretary for the purposes of
determining whether the plant pest may be infested with other
plant pests, may pose a significant risk of causing injury to,
damage to, or disease in any plant or plant product, or may be
a noxious weed; and
(4) be subject to remedial measures the Secretary
determines necessary to prevent the spread of plant pests.
SEC. 102. REGULATION OF MOVEMENT OF PLANTS, PLANT PRODUCTS, BIOLOGICAL
CONTROL ORGANISMS, ARTICLES, NOXIOUS WEEDS, AND MEANS OF
CONVEYANCE.
(a) In General.--The Secretary may prohibit or restrict the
importation, entry, exportation, or movement in interstate commerce of
any plant, plant product, biological control organism, noxious weed,
article, or any means of conveyance, if the Secretary determines that
the prohibition or restriction is necessary to prevent the introduction
into the United States or the dissemination of a plant pest or noxious
weed within the United States.
(b) Regulations.--The Secretary may issue regulations to implement
subsection (a), including regulations requiring that any plant, plant
product, biological control organism, noxious weed, article, or any
means of conveyance imported, entered, to be exported, or moved in
interstate commerce--
(1) be accompanied by a permit issued by the Secretary
prior to the importation, entry, exportation, or movement in
interstate commerce;
(2) be accompanied by a certificate of inspection issued
(in a manner and form required by the Secretary) by appropriate
officials of the country or State from which the plant, plant
product, biological control organism, noxious weed, article, or
means of conveyance is to be moved;
(3) be subject to remedial measures the Secretary
determines to be necessary to prevent the spread of plant pests
or noxious weeds; and
(4) with respect to plants or biological control organisms,
be grown or handled under post-entry quarantine conditions by
or under the supervision of the Secretary for the purposes of
determining whether the plant or biological control organism
may be infested with plant pests or may be a plant pest or
noxious weed.
(c) Noxious Weeds.--
(1) Regulations.--In the case of noxious weeds, the
Secretary may publish, by regulation, a list of noxious weeds
that are prohibited or restricted from entering the United
States or that are subject to restrictions on interstate
movement within the United States.
(2) Petition to add or remove plants from regulation.--Any
person may petition the Secretary to add a plant species to, or
remove a plant species from, the regulations issued by the
Secretary under this subsection.
(3) Duties of the secretary.--In the case of a petition
submitted under paragraph (2), the Secretary shall act on the
petition within a reasonable time and notify the petitioner of
the final action the Secretary takes on the petition. The
Secretary's determination on the petition shall be based on
sound science.
(d) Biological Control Organisms.--
(1) Regulations.--In the case of biological control
organisms, the Secretary may publish, by regulation, a list of
organisms whose movement in interstate commerce is not
prohibited or restricted. Any listing may take into account
distinctions between organisms such as indigenous, non-
indigenous, newly introduced, or commercially raised.
(2) Petition to add or remove biological control organisms
from the regulations.--Any person may petition the Secretary to
add a biological control organism to, or remove a biological
control organism from, the regulations issued by the Secretary
under this subsection.
(3) Duties of the secretary.--In the case of a petition
submitted under paragraph (2), the Secretary shall act on the
petition within a reasonable time and notify the petitioner of
the final action the Secretary takes on the petition. The
Secretary's determination on the petition shall be based on
sound science.
SEC. 103. NOTIFICATION AND HOLDING REQUIREMENTS UPON ARRIVAL.
(a) Duty of Secretary of the Treasury.--
(1) Notification.--The Secretary of the Treasury shall
promptly notify the Secretary of Agriculture of the arrival of
any plant, plant product, biological control organism, plant
pest, or noxious weed at a port of entry.
(2) Holding.--The Secretary of the Treasury shall hold a
plant, plant product, biological control organism, plant pest,
or noxious weed for which notification is made under paragraph
(1) at the port of entry until the plant, plant product,
biological control organism, plant pest, or noxious weed is--
(A) inspected and authorized for entry into or
transit movement through the United States; or
(B) otherwise released by the Secretary of
Agriculture.
(3) Exceptions.--Paragraphs (1) and (2) shall not apply to
any plant, plant product, biological control organism, plant
pest, or noxious weed that is imported from a country or region
of a country designated by the Secretary of Agriculture,
pursuant to regulations, as exempt from the requirements of
such paragraphs.
(b) Duty of Responsible Parties.--
(1) Notification.--The person responsible for any plant,
plant product, biological control organism, plant pest, noxious
weed, article, or means of conveyance required to have a permit
under section 101 or 102 shall provide the notification
described in paragraph (3) as soon as possible after the
arrival of the plant, plant product, biological control
organism, plant pest, noxious weed, article, or means of
conveyance at a port of entry and before the plant, plant
product, biological control organism, plant pest, noxious weed,
article, or means of conveyance is moved from the port of
entry.
(2) Submission.--The notification shall be provided to the
Secretary, or at the Secretary's direction, the proper official
of the State to which the plant, plant product, biological
control organism, plant pest, noxious weed, article, or means
of conveyance is destined, or both, as the Secretary may
prescribe.
(3) Elements of notification.--The notification shall
consist of the following:
(A) The name and address of the consignee.
(B) The nature and quantity of the plant, plant
product, biological control organism, plant pest,
noxious weed, article, or means of conveyance proposed
to be moved.
(C) The country and locality where the plant, plant
product, biological control organism, plant pest,
noxious weed, article, or means of conveyance was
grown, produced, or located.
(c) Prohibition on Movement of Items Without Authorization.--No
person shall move from a port of entry or interstate any imported
plant, plant product, biological control organism, plant pest, noxious
weed, article, or means of conveyance unless the imported plant, plant
product, biological control organism, plant pest, noxious weed,
article, or means of conveyance--
(1) is inspected and authorized for entry into or transit
movement through the United States; or
(2) is otherwise released by the Secretary.
SEC. 104. GENERAL REMEDIAL MEASURES FOR NEW PLANT PESTS AND NOXIOUS
WEEDS.
(a) Authority To Hold, Treat, or Destroy Items.--If the Secretary
considers it necessary in order to prevent the dissemination of a plant
pest or noxious weed that is new to or not known to be widely prevalent
or distributed within and throughout the United States, the Secretary
may hold, seize, quarantine, treat, apply other remedial measures to,
destroy, or otherwise dispose of any plant, plant pest, noxious weed,
biological control organism, plant product, article, or means of
conveyance that--
(1) is moving into or through the United States or
interstate, or has moved into or through the United States or
interstate, and--
(A) the Secretary has reason to believe is a plant
pest or noxious weed or is infested with a plant pest
or noxious weed at the time of the movement; or
(B) is or has been otherwise in violation of this
Act;
(2) has not been maintained in compliance with a post-entry
quarantine requirement; or
(3) is the progeny of any plant, biological control
organism, plant product, plant pest, or noxious weed that is
moving into or through the United States or interstate, or has
moved into the United States or interstate, in violation of
this Act.
(b) Authority To Order an Owner To Treat or Destroy.--
(1) In general.--The Secretary may order the owner of any
plant, biological control organism, plant product, plant pest,
noxious weed, article, or means of conveyance subject to action
under subsection (a), or the owner's agent, to treat, apply
other remedial measures to, destroy, or otherwise dispose of
the plant, biological control organism, plant product, plant
pest, noxious weed, article, or means of conveyance, without
cost to the Federal Government and in the manner the Secretary
considers appropriate.
(2) Failure to comply.--If the owner or agent of the owner
fails to comply with the Secretary's order under this
subsection, the Secretary may take an action authorized by
subsection (a) and recover from the owner or agent of the owner
the costs of any care, handling, application of remedial
measures or disposal incurred by the Secretary in connection
with actions taken under subsection (a).
(c) Classification System.--
(1) Development required.--To facilitate control of noxious
weeds, the Secretary may develop a classification system to
describe the status and action levels for noxious weeds. The
classification system may include the current geographic
distribution, relative threat, and actions initiated to prevent
introduction or distribution.
(2) Management plans.--In conjunction with the
classification system, the Secretary may develop integrated
management plans for noxious weeds for the geographic region or
ecological range where the noxious weed is found in the United
States.
(d) Application of Least Drastic Action.--No plant, biological
control organism, plant product, plant pest, noxious weed, article, or
means of conveyance shall be destroyed, exported, or returned to the
shipping point of origin, or ordered to be destroyed, exported, or
returned to the shipping point of origin under this section unless, in
the opinion of the Secretary, there is no less drastic action that is
feasible and that would be adequate to prevent the dissemination of any
plant pest or noxious weed new to or not known to be widely prevalent
or distributed within and throughout the United States.
SEC. 105. DECLARATION OF EXTRAORDINARY EMERGENCY AND RESULTING
AUTHORITIES.
(a) Authority To Declare.--If the Secretary determines that an
extraordinary emergency exists because of the presence of a plant pest
or noxious weed that is new to or not known to be widely prevalent in
or distributed within and throughout the United States and that the
presence of the plant pest or noxious weed threatens plants or plant
products of the United States, the Secretary may--
(1) hold, seize, quarantine, treat, apply other remedial
measures to, destroy, or otherwise dispose of, any plant,
biological control organism, plant product, article, or means
of conveyance that the Secretary has reason to believe is
infested with the plant pest or noxious weed;
(2) quarantine, treat, or apply other remedial measures to
any premises, including any plants, biological control
organisms, plant products, articles, or means of conveyance on
the premises, that the Secretary has reason to believe is
infested with the plant pest or noxious weed;
(3) quarantine any State or portion of a State in which the
Secretary finds the plant pest or noxious weed or any plant,
biological control organism, plant product, article, or means
of conveyance that the Secretary has reason to believe is
infested with the plant pest or noxious weed; and
(4) prohibit or restrict the movement within a State of any
plant, biological control organism, plant product, article, or
means of conveyance when the Secretary determines that the
prohibition or restriction is necessary to prevent the
dissemination of the plant pest or noxious weed or to eradicate
the plant pest or noxious weed.
(b) Required Finding of Emergency.--The Secretary may take action
under this section only upon finding, after review and consultation
with the Governor or other appropriate official of the State affected,
that the measures being taken by the State are inadequate to eradicate
the plant pest or noxious weed.
(c) Notification Procedures.--
(1) In general.--Except as provided in paragraph (2),
before any action is taken in any State under this section, the
Secretary shall notify the Governor or other appropriate
official of the State affected, issue a public announcement,
and file for publication in the Federal Register a statement of
the Secretary's findings, the action the Secretary intends to
take, the reasons for the intended action, and, where
practicable, an estimate of the anticipated duration of the
extraordinary emergency.
(2) Time sensitive actions.--If it is not possible to file
for publication 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.
(d) Application of Least Drastic Action.--No plant, biological
control organism, plant product, plant pest, noxious weed, article, or
means of conveyance shall be destroyed, exported, or returned to the
shipping point of origin, or ordered to be destroyed, exported, or
returned to the shipping point of origin under this section unless, in
the opinion of the Secretary, there is no less drastic action that is
feasible and that would be adequate to prevent the dissemination of any
plant pest or noxious weed new to or not known to be widely prevalent
or distributed within and throughout the United States.
(e) Payment of Compensation.--The Secretary may pay compensation to
any person for economic losses incurred by them as a result of action
taken by the Secretary under this section. The determination by the
Secretary of the amount of any compensation to be paid under this
subsection shall be final and shall not be subject to judicial review.
SEC. 106. RECOVERY OF COMPENSATION FOR UNAUTHORIZED ACTIVITIES.
(a) Recovery Action.--The owner of any plant, plant biological
control organism, plant product, plant pest, noxious weed, article, or
means of conveyance destroyed or otherwise disposed of by the Secretary
under section 104 or 105 may bring an action against the United States
to recover just compensation for the destruction or disposal of the
plant, plant biological control organism, plant product, plant pest,
noxious weed, article, or means of conveyance (not including
compensation for loss due to delays incident to determining eligibility
for importation, entry, exportation, movement in interstate commerce,
or release into the environment), but only if the owner establishes
that the destruction or disposal was not authorized under this Act.
(b) Time for Action; Location.--An action under this section shall
be brought not later than one year after the destruction or disposal of
the plant, plant biological control organism, plant product, plant
pest, noxious weed, article, or means of conveyance involved. The
action may be brought in any United States District Court where the
owner is found, resides, transacts business, is licensed to do
business, or is incorporated.
(c) Payment of Judgments.--Any judgment rendered in favor of the
owner shall be paid out of the money in the Treasury appropriated for
plant pest control activities of the Department of Agriculture.
SEC. 107. CONTROL OF GRASSHOPPERS AND MORMON CRICKETS.
(a) In General.--Subject to the availability of funds pursuant to
this section, the Secretary of Agriculture shall carry out a program to
control grasshoppers and Mormon Crickets on all Federal lands to
protect rangeland.
(b) Transfer Authority.--
(1) In general.--Subject to paragraph (3), upon the request
of the Secretary of Agriculture, the Secretary of the Interior
shall transfer to the Secretary of Agriculture, from any no-
year appropriations, funds for the prevention, suppression, and
control of actual or potential grasshopper and Mormon Cricket
outbreaks on Federal lands under the jurisdiction of the
Secretary of the Interior. The transferred funds shall be
available only for the payment of obligations incurred on such
Federal lands.
(2) Transfer requests.--Requests for the transfer of funds
pursuant to this subsection shall be made as promptly as
possible by the Secretary of Agriculture.
(3) Limitation.--Funds transferred pursuant to this
subsection may not be used by the Secretary of Agriculture
until funds specifically appropriated to the Secretary of
Agriculture for grasshopper control have been exhausted.
(4) Replenishment of transferred funds.--Funds transferred
pursuant to this section shall be replenished by supplemental
or regular appropriations, which shall be requested as promptly
as possible.
(c) Treatment for Grasshoppers and Mormon Crickets.--
(1) In general.--Subject to the availability of funds
pursuant to this section, on request of the administering
agency or the agriculture department of an affected State, the
Secretary of Agriculture, to protect rangeland, shall
immediately treat Federal, State, or private lands that are
infested with grasshoppers or Mormon Crickets at levels of
economic infestation, unless the Secretary determines that
delaying treatment will not cause greater economic damage to
adjacent owners of rangeland.
(2) Other programs.--In carrying out this section, the
Secretary of Agriculture shall work in conjunction with other
Federal, State, and private prevention, control, or suppression
efforts to protect rangeland.
(d) Federal Cost Share of Treatment.--
(1) Control on federal lands.--Out of funds made available
or transferred under this section, the Secretary of Agriculture
shall pay 100 percent of the cost of grasshopper or Mormon
Cricket control on Federal lands to protect rangeland.
(2) Control on state lands.--Out of funds made available
under this section, the Secretary of Agriculture shall pay 50
percent of the cost of grasshopper or Mormon Cricket control on
State lands.
(3) Control on private lands.--Out of funds made available
under this section, the Secretary of Agriculture shall pay 33.3
percent of the cost of grasshopper or Mormon Cricket control on
private lands.
(e) Training.--From appropriated funds made available or
transferred by the Secretary of the Interior to the Secretary of
Agriculture for such purposes, the Secretary of Agriculture shall
provide adequate funding for a program to train personnel to accomplish
effectively the objective of this section.
SEC. 108. CERTIFICATION FOR EXPORTS.
The Secretary may certify as to the freedom of plants, plant
products, or biological control organisms from plant pests or noxious
weeds or exposure of plants, plant products, or biological control
organisms to plant pests or noxious weeds according to the
phytosanitary or other requirements of the countries to which the
plants, plant products, or biological control organisms may be
exported.
TITLE II--INSPECTION AND ENFORCEMENT
SEC. 201. 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 plant, plant product,
biological control organism, plant pest, noxious weed, or
article subject to this Act;
(2) in interstate commerce upon probable cause to believe
that the person or means of conveyance is carrying any plant,
plant product, biological control organism, plant pest, noxious
weed, or article subject to this Act; and
(3) in intrastate commerce from or within any State,
portion of a State, or premises quarantined as part of a
extraordinary emergency declared under section 105 upon
probable cause to believe that the person or means of
conveyance is carrying any plant, plant product, biological
control organism, plant pest, noxious weed, or article
regulated under such section or is moving subject to such
section.
(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
conducting investigations or making inspections and seizures
under this Act.
(2) Application and issuance of a warrant.--Upon proper
oath or affirmation showing probable cause to believe that
there is on certain premises any plant, plant product,
biological control organism, plant pest, noxious weed, 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 conduct any investigation or make
any inspection or seizure under this Act. The warrant may be
applied for and executed by the Secretary or any United States
Marshal.
SEC. 202. COLLECTION OF INFORMATION.
The Secretary may gather and compile information and conduct any
investigations the Secretary considers necessary for the administration
and enforcement of this Act.
SEC. 203. SUBPOENA AUTHORITY.
(a) Authority To Issue.--The Secretary shall have power to subpoena
the attendance and testimony of any witness, and the production of all
documentary evidence relating to the administration or enforcement of
this Act or any matter under investigation in connection with this Act.
(b) Location of Production.--The attendance of any witness and
production of documentary evidence may be required from any place in
the United States at any designated place of hearing.
(c) Enforcement of Subpoena.--In case of disobedience to a subpoena
by any person, the Secretary may request the Attorney General to invoke
the aid of any court of the United States within the jurisdiction in
which the investigation is conducted, or where the person resides, is
found, transacts business, is licensed to do business, or is
incorporated, in requiring the attendance and testimony of any witness
and the production of documentary evidence. In case of a refusal to
obey a subpoena issued to any person, a court may order the person to
appear before the Secretary and give evidence concerning the matter in
question or to produce documentary evidence. Any failure to obey the
court's order may be punished by the court as a contempt of the court.
(d) Compensation.--Witnesses summoned by the Secretary shall be
paid the same fees and mileage that are paid to witnesses in courts of
the United States, and witnesses whose depositions are taken and the
persons taking the depositions shall be entitled to the same fees that
are paid for similar services in the courts of the United States.
(e) Procedures.--The Secretary shall publish procedures for the
issuance of subpoenas under this section. Such procedures shall include
a requirement that subpoenas be reviewed for legal sufficiency and
signed by the Secretary. If the authority to sign a subpoena is
delegated, the agency receiving the delegation shall seek review for
legal sufficiency outside that agency.
(f) Scope of Subpoena.--Subpoenas for witnesses to attend court in
any judicial district or to testify or produce evidence at an
administrative hearing in any judicial district in any action or
proceeding arising under this Act may run to any other judicial
district.
SEC. 204. PENALTIES FOR VIOLATION.
(a) Criminal Penalties.--Any person who knowingly violates this
Act, or who knowingly forges, counterfeits, or, without authority from
the Secretary, uses, alters, defaces, or destroys any certificate,
permit, or other document provided for in this Act shall be guilty of a
misdemeanor, and, upon conviction, shall be fined in accordance with
the provisions of title 18, United States Code, imprisoned for a period
not exceeding one year, or fined and imprisoned.
(b) Civil Penalties.--
(1) In general.--Any person who violates this Act, or who
forges, counterfeits, or, without authority from the Secretary,
uses, alters, defaces, or destroys any certificate, permit, or
other document provided for in this Act may, after notice and
opportunity for a hearing on the record, be assessed a civil
penalty by the Secretary which does not exceed the greater of--
(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 single proceeding; or
(B) twice the gross gain or gross loss for any
violation or forgery, counterfeiting, or unauthorized
use, defacing or destruction of a certificate, permit,
or other document provided for in this Act that results
in the person deriving pecuniary gain or causing
pecuniary loss to another.
(2) 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
violation or violations and the Secretary may consider, with
respect to the violator, ability to pay, effect on ability to
continue to do business, any history of prior violations, the
degree of culpability, and any other factors the Secretary
deems appropriate.
(3) Settlement of civil penalties.--The Secretary may
compromise, modify, or remit, with or without conditions, any
civil penalty that may be assessed under this subsection.
(4) Finality of orders.--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 Secretary's order may not be reviewed in an
action to collect the civil penalty. Any 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.
(c) Liability for Acts of an Agent.--When construing and enforcing
this Act, the act, omission, or failure of any officer, agent, or
person acting for or employed by any other person within the scope of
his or her employment or office, shall be deemed also to be the act,
omission, or failure of the other person.
(d) Guidelines for Civil Penalties.--The Secretary shall coordinate
with the Attorney General to establish guidelines to determine under
what circumstances the Secretary may issue a civil penalty or suitable
notice of warning in lieu of prosecution by the Attorney General of a
violation of this Act.
SEC. 205. ENFORCEMENT ACTIONS OF ATTORNEY GENERAL.
The Attorney General may--
(1) prosecute, in the name of the United States, all
criminal violations of this Act that are referred to the
Attorney General by the Secretary or are brought to the notice
of the Attorney General by any person;
(2) bring an action to enjoin the violation of or to compel
compliance with this Act, or to enjoin any interference by any
person with the Secretary in carrying out this Act, whenever
the Secretary has reason to believe that the person has
violated, or is about to violate this Act, or has interfered,
or is about to interfere, with the Secretary; and
(3) bring an action for the recovery of any unpaid civil
penalty, funds under reimbursable agreements, late payment
penalty, or interest assessed under this Act.
SEC. 206. COURT JURISDICTION.
(a) In General.--The United States district courts, the District
Court of Guam, the District Court of the Virgin Islands, the highest
court of American Samoa, and the United States courts of other
territories and possessions are vested with jurisdiction in all cases
arising under this Act. Any action arising under this Act may be
brought, and process may be served, in the judicial district where a
violation or interference occurred or is about to occur, or where the
person charged with the violation, interference, impending violation,
impending interference, or failure to pay resides, is found, transacts
business, is licensed to do business, or is incorporated.
(b) Exception.--This section does not apply to the imposition of
civil penalties under section 204(b).
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. COOPERATION.
(a) In General.--The Secretary may cooperate with other Federal
agencies or entities, 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 individual or entity cooperating with the
Secretary shall be responsible for the authority necessary to conduct
the operations or take measures 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) Transfer of Biological Control Methods.--The Secretary may
transfer to a State, Federal agency, or other person biological control
methods utilizing biological control organisms against plant pests or
noxious weeds.
(d) Cooperation in Program Administration.--The Secretary may
cooperate with State authorities or other persons in the administration
of programs for the improvement of plants, plant products, and
biological control organisms.
SEC. 302. BUILDINGS, LAND, PEOPLE, CLAIMS, AND AGREEMENTS.
(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 understanding, or other agreements, necessary for carrying out this
Act.
(b) Tort Claims.--
(1) In general.--Except as provided in paragraph (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 that are authorized under this Act.
(2) Requirements of claim.--A claim may not be allowed
under this subsection unless it is presented in writing to the
Secretary within two years after the claim accrues.
SEC. 303. REIMBURSABLE AGREEMENTS.
(a) Authority To Enter Into Agreements.--The Secretary may enter
into reimbursable fee agreements with persons for preclearance of
plants, plant products, biological control organisms, and articles at
locations outside the United States for movement to the United States.
(b) Funds Collected for Preclearance.--Funds collected for
preclearance shall be credited to accounts which may be established by
the Secretary for this purpose and shall remain available until
expended for the preclearance activities without fiscal year
limitation.
(c) Payment of Employees.--
(1) In general.--Notwithstanding any other law, the
Secretary may pay employees of the Department of Agriculture
performing services 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 of the secretary.--
(A) In general.--The Secretary may require persons
for whom the services are performed 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 limitation.
(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 account that incurs the costs
and shall remain available until expended without fiscal year
limitation.
SEC. 304. REGULATIONS AND ORDERS.
The Secretary may issue such regulations and orders as the
Secretary considers necessary to carry out this Act.
SEC. 305. PROTECTION FOR MAIL HANDLERS.
This Act shall not apply to any employee of the United States in
the performance of the duties of the employee in handling the mail.
SEC. 306. PREEMPTION.
(a) Regulation of Foreign Commerce.--No State or political
subdivision of a State may regulate in foreign commerce any article,
means of conveyance, plant, biological control organism, plant pest,
noxious weed, or plant product in order to control a plant pest or
noxious weed, eradicate a plant pest or noxious weed, or prevent the
introduction or dissemination of a biological control organism, plant
pest or noxious weed.
(b) Regulation of Interstate Commerce.--
(1) In general.--Except as provided in paragraph (2), no
State or political subdivision of a State may regulate the
movement in interstate commerce of any article, means of
conveyance, plant, biological control organism, plant pest, noxious
weed, or plant product in order to control a plant pest or noxious
weed, eradicate a plant pest or noxious weed, or prevent the
introduction or dissemination of a biological control organism, plant
pest or noxious weed, if the Secretary has issued a regulation or order
to prevent the dissemination of the biological control organism, plant
pest or noxious weed within the United States.
(2) Exceptions.--
(A) Regulations consistent with federal
regulations.--A State or a political subdivision of a
State may impose prohibitions or restrictions upon the
movement in interstate commerce of articles, means of
conveyance, plants, biological control organisms, plant
pests, noxious weeds, or plant products that are
consistent with and do not exceed the regulations or
orders issued by the Secretary.
(B) Special need.--A State or political subdivision
of a State may impose prohibitions or restrictions upon
the movement in interstate commerce of articles, means
of conveyance, plants, plant products, biological
control organisms, plant pests, or noxious weeds that
are in addition to the prohibitions or restrictions
imposed by the Secretary, if the State or political
subdivision of a State demonstrates to the Secretary
and the Secretary finds that there is a special need
for additional prohibitions or restrictions based on
sound scientific data or a thorough risk assessment.
SEC. 307. SEVERABILITY.
If any provision of this Act or application of any provision of
this Act to any person or circumstances is held invalid, the remainder
of this Act and the application of the provision to other persons and
circumstances shall not be affected by the invalidity.
SEC. 308. REPEAL OF SUPERSEDED LAWS.
(a) Repeal.--The following provisions of law are hereby repealed:
(1) The Act of August 20, 1912 (commonly known as the Plant
Quarantine Act; 7 U.S.C. 151-164a, 167).
(2) The Federal Plant Pest Act (7 U.S.C. 150aa et seq., 7
U.S.C. 147a note).
(3) Subsections (a) through (e) of section 102 of the
Department of Agriculture Organic Act of 1944 (7 U.S.C. 147a).
(4) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et
seq.), except section 15 of such Act (7 U.S.C. 2814).
(5) The Act of January 31, 1942 (commonly known as the
Mexican Border Act; 7 U.S.C. 149).
(6) The Joint Resolution of April 6, 1937 (commonly known
as the Insect Control Act; 7 U.S.C. 148 et seq.).
(7) The Act of August 28, 1950 (Public Law 735; 7 U.S.C.
2260).
(8) The Halogeton Glomeratus Act (7 U.S.C. 1651 et seq.).
(9) The Golden Nematode Act (7 U.S.C. 150 et seq.).
(10) Section 1773 of the Food Security Act of 1985 (Public
Law 99-198; 7 U.S.C. 148f).
(b) Emergency Transfer Authority Regarding Plant Pests.--The first
section of Public Law 97-46 (7 U.S.C. 147b) is amended--
(1) by striking ``plant pests or''; and
(2) by striking ``section 102 of the Act of September 21,
1944, as amended (7 U.S.C. 147a), and''.
(c) Effect on Regulations.--Regulations issued under the authority
of a provision of law repealed by subsection (a) shall remain in effect
until such time as the Secretary issues a regulation under section 304
that supersedes the earlier regulation.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such amounts as may be
necessary to carry out this Act. 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. 402. 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.
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