Plant Protection Act
HR 1504 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.
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. 302. Buildings, land, people, claims, and agreements.
Sec. 303. Reimbursable agreements.
Sec. 304. Regulations and orders.
Sec. 305. Protection for mail handlers.
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 Repeal of superseded laws.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:
(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.
(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.
(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.
(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.
(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.
(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.
END