114 STAT. 438 PUBLIC LAW 106–224—JUNE 20, 2000

TITLE IV—PLANT PROTECTION ACT

SEC. 401. SHORT TITLE.

This title may be cited as the ‘‘Plant Protection Act’’.

SEC. 402. FINDINGS.

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) it is the responsibility of the Secretary to facilitate

exports, imports, and interstate commerce in agricultural products and other commodities that pose a risk of harboring plant

pests or noxious weeds in ways that will reduce, to the extent

practicable, as determined by the Secretary, the risk of dissemination of plant pests or noxious weeds;

(4) decisions affecting imports, exports, and interstate

movement of products regulated under this title shall be based

on sound science;

(5) 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 United State’s

economy and should be facilitated to the extent possible;

(6) export markets could be severely impacted by the

introduction or spread of plant pests or noxious weeds into

or within the United States;

(7) 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;

(8) 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

(9) all plant pests, noxious weeds, plants, plant products,

articles capable of harboring plant pests or noxious weeds regulated under this title are in or affect interstate commerce or

foreign commerce.

SEC. 403. DEFINITIONS.

In this title:

(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.

7 USC 7702.

7 USC 7701.

7 USC 7701 note.

Plant Protection

Act.

Commerce and

trade.

Exports and

imports.

PUBLIC LAW 106–224—JUNE 20, 2000 114 STAT. 439

(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 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 subparagraph.

(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 a tree,

a tissue culture, a plantlet culture, pollen, a shrub, a vine,

a cutting, a graft, a scion, a bud, a bulb, a root, and a seed.

114 STAT. 440 PUBLIC LAW 106–224—JUNE 20, 2000

(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 bacterium.

(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) SYSTEMS APPROACH.—For the purposes of section

412(e), the term ‘‘systems approach’’ means a defined set of

phytosanitary procedures, at least two of which have an independent effect in mitigating pest risk associated with the movement of commodities.

(19) THIS TITLE.—Except when used in this section, the

term ‘‘this title’’ includes any regulation or order issued by

the Secretary under the authority of this title.

(20) UNITED STATES.—The term ‘‘United States’’ means all

of the States.

Subtitle A—Plant Protection

SEC. 411. REGULATION OF MOVEMENT OF PLANT PESTS.

(a) PROHIBITION OF UNAUTHORIZED MOVEMENT OF PLANT

PESTS.—Except as provided in subsection (c), 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) REQUIREMENTS FOR PROCESSES.—The Secretary shall ensure

that the processes used in developing regulations under subsection

(a) governing consideration of import requests are based on sound

science and are transparent and accessible.

(c) 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

7 USC 7711.

PUBLIC LAW 106–224—JUNE 20, 2000 114 STAT. 441

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 REGULA- TION.—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.

(d) 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.

(e) REGULATIONS.—Regulations issued by the Secretary to

implement subsections (a), (c), and (d) 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—

(A) may be infested with other plant pests;

(B) may pose a significant risk of causing injury to,

damage to, or disease in any plant or plant product; or

(C) may be a noxious weed; and

(4) be subject to remedial measures the Secretary determines to be necessary to prevent the spread of plant pests.

SEC. 412. REGULATION OF MOVEMENT OF PLANTS, PLANT PRODUCTS,

BIOLOGICAL CONTROL ORGANISMS, NOXIOUS WEEDS,

ARTICLES, 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 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.

7 USC 7712.

114 STAT. 442 PUBLIC LAW 106–224—JUNE 20, 2000

(b) POLICY.—The Secretary shall ensure that processes used

in developing regulations under this section governing consideration

of import requests are based on sound science and are transparent

and accessible.

(c) 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 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.

(d) NOTICE.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall publish for public comment

a notice describing the procedures and standards that govern the

consideration of import requests. The notice shall—

(1) specify how public input will be sought in advance

of and during the process of promulgating regulations necessitating a risk assessment in order to ensure a fully transparent

and publicly accessible process; and

(2) include consideration of the following:

(A) Public announcement of import requests that will

necessitate a risk assessment.

(B) A process for assigning major/nonroutine or minor/

routine status to such requests based on current state

of supporting scientific information.

(C) A process for assigning priority to requests.

(D) Guidelines for seeking relevant scientific and economic information in advance of initiating informal rulemaking.

(E) Guidelines for ensuring availability and transparency of assumptions and uncertainties in the risk

assessment process including applicable risk mitigation

measures relied upon individually or as components of

a system of mitigative measures proposed consistent with

the purposes of this title.

(e) STUDY AND REPORT ON SYSTEMS APPROACH.—

(1) STUDY.—The Secretary shall conduct a study of the

role for and application of systems approaches designed to

guard against the introduction of plant pathogens into the

United States associated with proposals to import plants or

plant products into the United States.

Deadline.

Publication.

Public

information.

PUBLIC LAW 106–224—JUNE 20, 2000 114 STAT. 443

(2) PARTICIPATION BY SCIENTISTS.—In conducting the study

the Secretary shall ensure participation by scientists from State

departments of agriculture, colleges and universities, the private sector, and the Agricultural Research Service.

(3) REPORT.—Not later than 2 years after the date of the

enactment of this Act, the Secretary shall submit a report

on the results of the study conducted under this section to

the Committee on Agriculture, Nutrition, and Forestry of the

Senate and the Committee on Agriculture of the House of

Representatives.

(f ) 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.

(g) 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, nonindigenous, 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. 413. 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—

7 USC 7713.

Deadline.

114 STAT. 444 PUBLIC LAW 106–224—JUNE 20, 2000

(A) is inspected and authorized for entry into or transit

movement through the United States; or

(B) is 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 411 or 412 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, to 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. 414. 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—

7 USC 7714.

PUBLIC LAW 106–224—JUNE 20, 2000 114 STAT. 445

(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 title;

(2) has not been maintained in compliance with a postentry 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 title.

(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. 415. 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

7 USC 7715.

114 STAT. 446 PUBLIC LAW 106–224—JUNE 20, 2000

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—

(A) the Secretary’s findings;

(B) the action the Secretary intends to take;

(C) the reasons for the intended action; and

(D) 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.

Federal Register,

publication.

PUBLIC LAW 106–224—JUNE 20, 2000 114 STAT. 447

(e) PAYMENT OF COMPENSATION.—The Secretary may pay compensation to any person for economic losses incurred by the person

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. 416. 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 414 or 415 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 title.

(b) TIME FOR ACTION; LOCATION.—An action under this section

shall be brought not later than 1 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.

SEC. 417. CONTROL OF GRASSHOPPERS AND MORMON CRICKETS.

(a) IN GENERAL.—Subject to the availability of funds pursuant

to this section, the Secretary 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 noyear 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.

(3) LIMITATION.—Funds transferred pursuant to this subsection may not be used by the Secretary until funds specifically

appropriated to the Secretary for grasshopper control have

been exhausted.

(4) REPLENISHMENT OF TRANSFERRED FUNDS.—Funds transferred pursuant to this subsection 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

7 USC 7717.

7 USC 7716.

114 STAT. 448 PUBLIC LAW 106–224—JUNE 20, 2000

or the agriculture department of an affected State, the Secretary, 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 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 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 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 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. 418. 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 the 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.

Subtitle B—Inspection and Enforcement

SEC. 421. 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 title;

(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 title; and

(3) in intrastate commerce from or within any State, portion

of a State, or premises quarantined as part of a extraordinary

7 USC 7731.

7 USC 7718.

PUBLIC LAW 106–224—JUNE 20, 2000 114 STAT. 449

emergency declared under section 415 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 that section

or is moving subject to that 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 title.

(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 title,

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 title. The warrant

may be applied for and executed by the Secretary or any

United States Marshal.

SEC. 422. 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 title.

SEC. 423. 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 title or any matter under investigation

in connection with this title.

(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 the 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

Publication.

7 USC 7733.

7 USC 7732.

114 STAT. 450 PUBLIC LAW 106–224—JUNE 20, 2000

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 title may run to any other judicial

district.

SEC. 424. PENALTIES FOR VIOLATION.

(a) CRIMINAL PENALTIES.—Any person that knowingly violates

this title, or that knowingly forges, counterfeits, or, without

authority from the Secretary, uses, alters, defaces, or destroys any

certificate, permit, or other document provided for in this title

shall be guilty of a misdemeanor, and, upon conviction, shall be

fined in accordance with title 18, United States Code, imprisoned

for a period not exceeding 1 year, or both.

(b) CIVIL PENALTIES.—

(1) IN GENERAL.—Any person that violates this title, or

that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit,

or other document provided for in this title may, after notice

and opportunity for a hearing on the record, be assessed a

civil penalty by the Secretary that 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 title 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,

forgery, counterfeiting, unauthorized use, defacing, or

destruction of a certificate, permit, or other document provided for in this title 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—

(A) ability to pay;

(B) effect on ability to continue to do business;

(C) any history of prior violations;

(D) the degree of culpability; and

(E) any other factors the Secretary considers 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

7 USC 7734.

PUBLIC LAW 106–224—JUNE 20, 2000 114 STAT. 451

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 title, 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 title.

SEC. 425. ENFORCEMENT ACTIONS OF ATTORNEY GENERAL.

The Attorney General may—

(1) prosecute, in the name of the United States, all criminal

violations of this title 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 title, or to enjoin any interference by

any person with the Secretary in carrying out this title, whenever the Secretary has reason to believe that the person has

violated, or is about to violate this title, 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 title.

SEC. 426. 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 title. Any action arising under this title 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 424(b).

Subtitle C—Miscellaneous Provisions

SEC. 431. 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 title.

(b) RESPONSIBILITY.—The individual or entity cooperating with

the Secretary under subsection (a) shall be responsible for—

(1) the authority necessary to conduct the operations or

take measures on all land and properties within the foreign

7 USC 7751.

7 USC 7736.

7 USC 7735.

114 STAT. 452 PUBLIC LAW 106–224—JUNE 20, 2000

country or State, other than those owned or controlled by

the United States; and

(2) 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 using 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.

(e) PHYTOSANITARY ISSUES.—The Secretary shall ensure that

phytosanitary issues involving imports and exports are addressed

based on sound science and consistent with applicable international

agreements. To accomplish these goals, the Secretary may—

(1) conduct direct negotiations with plant health officials

or other appropriate officials of other countries;

(2) provide technical assistance, training, and guidance to

any country requesting such assistance in the development

of agricultural health protection systems and import/export

systems; and

(3) maintain plant health and quarantine expertise in other

countries—

(A) to facilitate the establishment of phytosanitary systems and the resolution of phytosanitary issues;

(B) to assist those countries with agricultural health

protection activities; and

(C) to provide general liaison on agricultural health

issues with the plant health or other appropriate officials

of the country.

SEC. 432. BUILDINGS, LAND, PEOPLE, CLAIMS, AND AGREEMENTS.

(a) IN GENERAL.—To the extent necessary to carry out this

title, 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.

(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 title.

(2) REQUIREMENTS OF CLAIM.—A claim may not be allowed

under this subsection unless the claim is presented in writing

to the Secretary within 2 years after the date on which the

claim accrues.

SEC. 433. 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

into 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

7 USC 7753.

7 USC 7752.

PUBLIC LAW 106–224—JUNE 20, 2000 114 STAT. 453

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 paragraph 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. 434. REGULATIONS AND ORDERS.

The Secretary may issue such regulations and orders as the

Secretary considers necessary to carry out this title.

SEC. 435. PROTECTION FOR MAIL HANDLERS.

This title shall not apply to any employee of the United States

in the performance of the duties of the employee in handling the

mail.

SEC. 436. 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—

(1) to control a plant pest or noxious weed;

(2) to eradicate a plant pest or noxious weed; or

(3) 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.

7 USC 7756.

7 USC 7755.

7 USC 7754.

114 STAT. 454 PUBLIC LAW 106–224—JUNE 20, 2000

(2) EXCEPTIONS.— (A) REGULATIONS CONSISTENT WITH FEDERAL REGULA- TIONS.—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. 437. SEVERABILITY.

If any provision of this title or application of any provision

of this title to any person or circumstances is held invalid, the

remainder of this title and the application of the provision to

other persons and circumstances shall not be affected by the invalidity.

SEC. 438. REPEAL OF SUPERSEDED LAWS.

(a) REPEAL.—The following provisions of law are 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.

and 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 the first section and section 15 of that Act

(7 U.S.C. 2801 note and 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 Halogeton Glomeratus Act (7 U.S.C. 1651 et seq.).

(8) The Golden Nematode Act (7 U.S.C. 150 et seq.).

(9) 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 434 that supersedes the earlier regulation.

7 USC 7758.

7 USC 7757.

PUBLIC LAW 106–224—JUNE 20, 2000 114 STAT. 455

Subtitle D—Authorization of

Appropriations

SEC. 441. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such amounts as may

be necessary to carry out this title. Except as specifically authorized

by law, no part of the money appropriated under this section shall

be used to pay indemnities for property injured or destroyed by

or at the direction of the Secretary.

SEC. 442. TRANSFER AUTHORITY.

(a) AUTHORITY TO TRANSFER CERTAIN FUNDS.—In connection

with an emergency in which a plant pest or noxious weed threatens

any segment of the agricultural production of the United States,

the Secretary may transfer from other appropriations or funds

available to the agencies or corporations of the Department of

Agriculture such amounts as the Secretary considers necessary

to be available in the emergency for the arrest, control, eradication,

and prevention of the spread of the plant pest or noxious weed

and for related expenses.

(b) AVAILABILITY.—Any funds transferred under this section

shall remain available for such purposes without fiscal year limitation.

TITLE V—INSPECTION ANIMALS

SEC. 501. CIVIL PENALTY.

(a) IN GENERAL.—Any person that causes harm to, or interferes

with, an animal used for the purposes of official inspections by

the Department of Agriculture, may, after notice and opportunity

for a hearing on the record, be assessed a civil penalty by the

Secretary of Agriculture not to exceed $10,000.

(b) FACTORS IN DETERMINING CIVIL PENALTY.—In determining

the amount of a civil penalty, the Secretary shall take into account

the nature, circumstance, extent, and gravity of the offense.

(c) SETTLEMENT OF CIVIL PENALTIES.—The Secretary may compromise, modify, or remit, with or without conditions, any civil

penalty that may be assessed under this section.

(d) FINALITY OF ORDERS.— (1) IN GENERAL.—The order of the Secretary assessing a

civil penalty shall be treated as a final order reviewable under

chapter 158 of title 28, United States Code. The validity of

the order of the Secretary may not be reviewed in an action

to collect the civil penalty.

(2) INTEREST.—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.

SEC. 502. SUBPOENA AUTHORITY.

(a) IN GENERAL.—The Secretary shall have power to subpoena

the attendance and testimony of any witness, and the production

of all documentary evidence relating to the enforcement of section

501 or any matter under investigation in connection with this

title.

7 USC 2279f.

7 USC 2279e.

7 USC 7772.

7 USC 7771.