II

106TH CONGRESS

1ST SESSION S. 321

To streamline, modernize, and enhance the authority of the Secretary of

Agriculture relating to plant protection and quarantine, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 28, 1999

Mr. CRAIG introduced the following bill; which was read twice and referred

to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To streamline, modernize, and enhance the authority of the

Secretary of Agriculture relating to plant protection and

quarantine, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Plant Protection Act’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.
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TITLE I—PLANT PROTECTION

Sec. 101. Regulation of movement of plant pests.

Sec. 102. Regulation of movement of plants, plant products, biological control

organisms, noxious weeds, articles, and means of conveyance.

Sec. 103. Notification and holding requirements on arrival.

Sec. 104. General remedial measures for new plant pests and noxious weeds.

Sec. 105. Extraordinary emergencies.

Sec. 106. Recovery of compensation for unauthorized activities.

Sec. 107. Control of grasshoppers and Mormon crickets.

Sec. 108. Certification for exports.

TITLE II—INSPECTION AND ENFORCEMENT

Sec. 201. Inspections, seizures, and warrants.

Sec. 202. Collection of information.

Sec. 203. Subpoena authority.

Sec. 204. Penalties for violation.

Sec. 205. Enforcement actions of Attorney General.

Sec. 206. Court jurisdiction.

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. Cooperation.

Sec. 302. Buildings, land, people, claims, and agreements.

Sec. 303. Reimbursable agreements.

Sec. 304. Protection for mail carriers.

Sec. 305. Regulations and orders.

Sec. 306. Repeal of superseded laws.

TITLE IV—AUTHORIZATION OF APPROPRIATIONS

Sec. 401. Authorization of appropriations.

Sec. 402. Transfer authority.

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) the detection, control, eradication, suppres4 sion, prevention, and retardation of the spread of

5 plant pests and noxious weeds is necessary for the

6 protection of the agriculture, environment, and econ7 omy of the United States;

8 (2) biological control—
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1 (A) is often a desirable, low-risk means of

2 ridding crops and other plants of plant pests

3 and noxious weeds; and

4 (B) should be facilitated by the Secretary

5 of Agriculture, Federal agencies, and States,

6 whenever feasible;

7 (3) the smooth movement of enterable plants,

8 plant products, certain biological control organisms,

9 or other articles into, out of, or within the United

10 States is vital to the economy of the United States

11 and should be facilitated to the extent practicable;

12 (4) markets could be severely impacted by the

13 introduction or spread of plant pests or noxious

14 weeds into or within the United States;

15 (5) the unregulated movement of plants, plant

16 products, biological control organisms, plant pests,

17 noxious weeds, and articles capable of harboring

18 plant pests or noxious weeds would present an unac19 ceptable risk of introducing or spreading plant pests

20 or noxious weeds;

21 (6) the existence on any premises in the United

22 States of a plant pest or noxious weed new to or not

23 known to be widely prevalent in or distributed within

24 and throughout the United States could threaten

25 crops, other plants, and plant products of the United
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1 States and burden interstate commerce or foreign

2 commerce; and

3 (7) all plants, plant products, biological control

4 organisms, plant pests, noxious weeds, or articles ca5 pable of harboring plant pests or noxious weeds reg6 ulated under this Act are in or affect interstate com7 merce or foreign commerce.

8 SEC. 3. DEFINITIONS.

9 In this Act:

10 (1) ARTICLE.—The term ‘‘article’’ means a ma11 terial or tangible object that could harbor a pest,

12 disease, or noxious weed.

13 (2) BIOLOGICAL CONTROL ORGANISM.—The

14 term ‘‘biological control organism’’ means an enemy,

15 antagonist, or competitor organism used to control a

16 plant pest or noxious weed.

17 (3) ENTER.—The term ‘‘enter’’ means to move

18 into the commerce of the United States.

19 (4) ENTRY.—The term ‘‘entry’’ means the act

20 of movement into the commerce of the United

21 States.

22 (5) EXPORT.—The term ‘‘export’’ means to

23 move from the United States to any place outside

24 the United States.
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1 (6) EXPORTATION.—The term ‘‘exportation’’

2 means the act of movement from the United States

3 to any place outside the United States.

4 (7) IMPORT.—The term ‘‘import’’ means to

5 move into the territorial limits of the United States.

6 (8) IMPORTATION.—The term ‘‘importation’’

7 means the act of movement into the territorial limits

8 of the United States.

9 (9) INTERSTATE.—The term ‘‘interstate’’

10 means—

11 (A) from 1 State into or through any other

12 State; or

13 (B) within the District of Columbia,

14 Guam, the Virgin Islands of the United States,

15 or any other territory or possession of the

16 United States.

17 (10) INTERSTATE COMMERCE.—The term

18 ‘‘interstate commerce’’ means trade, traffic, move19 ment, or other commerce—

20 (A) between a place in a State and a point

21 in another State;

22 (B) between points within the same State

23 but through any place outside the State; or

24 (C) within the District of Columbia, Guam,

25 the Virgin Islands of the United States, or any
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1 other territory or possession of the United

2 States.

3 (11) MEANS OF CONVEYANCE.—The term

4 ‘‘means of conveyance’’ means any personal property

5 or means that could harbor a pest, disease, or nox6 ious weed and that is used for or intended for use

7 for the movement of any other personal property.

8 (12) MOVE.—The term ‘‘move’’ means to—

9 (A) carry, enter, import, mail, ship, or

10 transport;

11 (B) aid, abet, cause, or induce the carry12 ing, entering, importing, mailing, shipping, or

13 transporting;

14 (C) offer to carry, enter, import, mail,

15 ship, or transport;

16 (D) receive to carry, enter, import, mail,

17 ship, or transport;

18 (E) release into the environment; or

19 (F) allow any of the activities referred to

20 this paragraph to be conducted by a person

21 under another person’s control.

22 (13) MOVEMENT.—The term ‘‘move’’ means the

23 act of—

24 (A) carrying, entering, importing, mailing,

25 shipping, or transporting;
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1 (B) aiding, abetting, causing, or inducing

2 the carrying, entering, importing, mailing, ship3 ping, or transporting;

4 (C) offering to carry, enter, import, mail,

5 ship, or transport;

6 (D) receiving to carry, enter, import, mail,

7 ship, or transport;

8 (E) releasing into the environment; or

9 (F) allowing any of the activities referred

10 to this paragraph to be conducted by a person

11 under another person’s control.

12 (14) NOXIOUS WEED.—The term ‘‘noxious

13 weed’’ means a plant or plant product that has the

14 potential to directly or indirectly injure or cause

15 damage to a plant or plant product through injury

16 or damage to a crop (including nursery stock or a

17 plant product), livestock, poultry, or other interest of

18 agriculture (including irrigation), navigation, natural

19 resources of the United States, public health, or the

20 environment.

21 (15) PERMIT.—The term ‘‘permit’’ means a

22 written (including electronic) or oral authorization

23 by the Secretary to move a plant, plant product, bio24 logical control organism, plant pest, noxious weed,
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1 article, or means of conveyance under conditions

2 prescribed by the Secretary.

3 (16) PERSON.—The term ‘‘person’’ means an

4 individual, partnership, corporation, association,

5 joint venture, or other legal entity.

6 (17) PLANT.—The term ‘‘plant’’ means a plant

7 (including a plant part) for or capable of propaga8 tion (including a tree, tissue culture, plantlet cul9 ture, pollen, shrub, vine, cutting, graft, scion, bud,

10 bulb, root, and seed).

11 (18) PLANT PEST.—The term ‘‘plant pest’’

12 means—

13 (A) a living stage of a protozoan, inverte14 brate animal, parasitic plant, bacteria, fungus,

15 virus, viroid, infection agent, or pathogen that

16 has the potential to directly or indirectly injure

17 or cause damage to, or cause disease in, a plant

18 or plant product; or

19 (B) an article that is similar to or allied

20 with an article referred to in subparagraph (A).

21 (19) PLANT PRODUCT.—The term ‘‘plant prod22 uct’’ means—

23 (A) a flower, fruit, vegetable, root, bulb,

24 seed, or other plant part that is not considered

25 by the Secretary to be a plant; and
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1 (B) a manufactured or processed plant or

2 plant part.

3 (20) SECRETARY.—The term ‘‘Secretary’’

4 means the Secretary of Agriculture.

5 (21) STATE.—The term ‘‘State’’ means each of

6 the several States of the United States, the District

7 of Columbia, the Commonwealth of Puerto Rico, the

8 Virgin Islands, Guam, the Commonwealth of the

9 Northern Mariana Islands, and any other territory

10 or possession of the United States.

11 (22) UNITED STATES.—The term ‘‘United

12 States’’, when used in a geographical sense, means

13 all of the States.

14 TITLE I—PLANT PROTECTION

15 SEC. 101. REGULATION OF MOVEMENT OF PLANT PESTS.

16 (a) PROHIBITION OF UNAUTHORIZED MOVEMENT OF

17 PLANT PESTS.—Except as provided in subsection (b), no

18 person shall import, enter, export, or move in interstate

19 commerce a plant pest, unless the importation, entry, ex20 portation, or movement is authorized under general or

21 specific permit and is in accordance with such regulations

22 as the Secretary may promulgate to prevent the introduc23 tion of plant pests into the United States or the dissemina24 tion of plant pests within the United States.
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1 (b) AUTHORIZATION OF MOVEMENT OF PLANT

2 PESTS BY REGULATION.—

3 (1) EXCEPTION TO PERMIT REQUIREMENT.—

4 The Secretary may promulgate regulations to allow

5 the importation, entry, exportation, or movement in

6 interstate commerce of specified plant pests without

7 further restriction if the Secretary finds that a per8 mit under subsection (a) is not necessary.

9 (2) PETITION TO ADD OR REMOVE PLANT

10 PESTS FROM REGULATION.—A person may petition

11 the Secretary to add a plant pest to, or remove a

12 plant pest from, the regulations promulgated under

13 paragraph (1).

14 (3) RESPONSE TO PETITION BY THE SEC15 RETARY.—In the case of a petition submitted under

16 paragraph (2), the Secretary shall—

17 (A) act on the petition within a reasonable

18 time; and

19 (B) notify the petitioner of the final action

20 the Secretary takes on the petition.

21 (4) BASIS FOR DETERMINATION.—The deter22 mination of the Secretary on the petition shall be

23 based on sound science.

24 (c) PROHIBITION OF UNAUTHORIZED MAILING OF

25 PLANT PESTS.—
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1 (1) IN GENERAL.—Subject to section 304, a let2 ter, parcel, box, or other package containing a plant

3 pest, whether sealed as letter-rate postal matter, is

4 nonmailable, and a mail carrier shall not knowingly

5 convey in the mail or deliver from a post office such

6 a package, unless the package is mailed in compli7 ance with such regulations as the Secretary may

8 promulgate to prevent the dissemination of plant

9 pests into the United States or interstate.

10 (2) APPLICATION OF POSTAL LAWS.—Nothing

11 in this subsection authorizes a person to open a

12 mailed letter or other mailed sealed matter except in

13 accordance with the postal laws (including regula14 tions).

15 (d) REGULATIONS.—Regulations promulgated by the

16 Secretary to implement subsections (a), (b), or (c) may

17 include provisions requiring that a plant pest imported,

18 entered, to be exported, moved in interstate commerce,

19 mailed, or delivered from a post office—

20 (1) be accompanied by a permit issued by the

21 Secretary before the importation, entry, exportation,

22 movement in interstate commerce, mailing, or deliv23 ery of the plant pest;

24 (2) be accompanied by a certificate of inspec25 tion issued (in a manner and form required by the
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1 Secretary) by appropriate officials of the country or

2 State from which the plant pest is to be moved;

3 (3) be raised under post-entry quarantine con4 ditions by or under the supervision of the Secretary

5 for the purposes of determining whether the plant

6 pest may be infested with other plant pests, may

7 pose a significant risk of causing injury to, damage

8 to, or disease in a plant or plant product, or may

9 be a noxious weed; and

10 (4) be subject to such remedial measures as the

11 Secretary determines are necessary to prevent the

12 dissemination of plant pests.

13 SEC. 102. REGULATION OF MOVEMENT OF PLANTS, PLANT

14 PRODUCTS, BIOLOGICAL CONTROL ORGA15 NISMS, NOXIOUS WEEDS, ARTICLES, AND

16 MEANS OF CONVEYANCE.

17 (a) IN GENERAL.—The Secretary may prohibit or re18 strict the importation, entry, exportation, or movement in

19 interstate commerce of a plant, plant product, biological

20 control organism, noxious weed, article, or means of con21 veyance, if the Secretary determines that the prohibition

22 or restriction is necessary to prevent the introduction into

23 the United States or the dissemination of a plant pest or

24 noxious weed within the United States.
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1 (b) REGULATIONS.—The Secretary may promulgate

2 regulations to carry out this section, including regulations

3 requiring that a plant, plant product, biological control or4 ganism, noxious weed, article, or means of conveyance im5 ported, entered, to be exported, or moved in interstate

6 commerce—

7 (1) be accompanied by a permit issued by the

8 Secretary prior to the importation, entry, expor9 tation, or movement in interstate commerce;

10 (2) be accompanied by a certificate of inspec11 tion issued in a manner and form required by the

12 Secretary or by appropriate official of the country or

13 State from which the plant, plant product, biological

14 control organism, noxious weed, article, or means of

15 conveyance is to be moved;

16 (3) be subject to remedial measures the Sec17 retary determines to be necessary to prevent the

18 spread of plant pests or noxious weeds; and

19 (4) in the case of a plant or biological control

20 organism, be grown or handled under post-entry

21 quarantine conditions by or under the supervision of

22 the Secretary for the purpose of determining wheth23 er the plant or biological control organism may be

24 infested with a plant pest or noxious weed, or may

25 be a plant pest or noxious weed.
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1 (c) LIST OF RESTRICTED NOXIOUS WEEDS.—

2 (1) PUBLICATION.—The Secretary may publish,

3 by regulation, a list of noxious weeds that are pro4 hibited or restricted from entering the United States

5 or that are subject to restrictions on interstate

6 movement within the United States.

7 (2) PETITIONS TO ADD PLANT SPECIES TO OR

8 REMOVE PLANT SPECIES FROM LIST.—

9 (A) IN GENERAL.—A person may petition

10 the Secretary to add a plant species to, or re11 move a plant species from, the list authorized

12 under paragraph (1).

13 (B) ACTION ON PETITION.—The Secretary

14 shall—

15 (i) act on the petition within a reason16 able time; and

17 (ii) notify the petitioner of the final

18 action the Secretary takes on the petition.

19 (C) BASIS FOR DETERMINATION.—The de20 termination of the Secretary on the petition

21 shall be based on sound science.

22 (d) LIST OF BIOLOGICAL CONTROL ORGANISMS.—

23 (1) PUBLICATION.—The Secretary may publish,

24 by regulation, a list of biological control organisms
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1 the movement of which in interstate commerce is not

2 prohibited or restricted.

3 (2) DISTINCTIONS.—In publishing the list, the

4 Secretary may take into account distinctions be5 tween biological control organisms that are indige6 nous, nonindigenous, newly introduced, or commer7 cially raised.

8 (3) PETITIONS TO ADD BIOLOGICAL CONTROL

9 ORGANISMS TO OR REMOVE BIOLOGICAL CONTROL

10 ORGANISMS FROM LIST.—

11 (A) IN GENERAL.—A person may petition

12 the Secretary to add a biological control orga13 nism to, or remove a biological control organism

14 from, the list authorized under paragraph (1).

15 (B) ACTION ON PETITION.—The Secretary

16 shall—

17 (i) act on the petition within a reason18 able time; and

19 (ii) notify the petitioner of the final

20 action the Secretary takes on the petition.

21 (C) BASIS FOR DETERMINATION.—The de22 termination of the Secretary on the petition

23 shall be based on sound science.
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1 SEC. 103. NOTIFICATION AND HOLDING REQUIREMENTS ON

2 ARRIVAL.

3 (a) DUTY OF SECRETARY OF THE TREASURY.—

4 (1) NOTIFICATION.—The Secretary of the

5 Treasury shall promptly notify the Secretary of the

6 arrival of a plant, plant product, biological control

7 organism, plant pest, noxious weed, article, or means

8 of conveyance at a port of entry.

9 (2) HOLDING.—The Secretary of the Treasury

10 shall hold a plant, plant product, biological control

11 organism, plant pest, noxious weed, article, or means

12 of conveyance for which notification is made under

13 paragraph (1) at the port of entry until the plant,

14 plant product, biological control organism, plant

15 pest, noxious weed, article, or means of conveyance

16 is—

17 (A) inspected and authorized by the Sec18 retary of Agriculture for entry into or move19 ment through the United States; or

20 (B) otherwise released by the Secretary.

21 (3) EXCEPTIONS.—Paragraphs (1) and (2)

22 shall not apply to a plant, plant product, biological

23 control organism, plant pest, noxious weed, article,

24 or means of conveyance that is imported from a

25 country or region of a country designated by the
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1 Secretary, by regulation, as exempt from the re2 quirements of those paragraphs.

3 (b) NOTIFICATION BY RESPONSIBLE PERSON.—The

4 person responsible for a plant, plant product, biological

5 control organism, plant pest, noxious weed, article, or

6 means of conveyance required to have a permit under sec7 tion 101 or 102 shall promptly, on arrival at the port of

8 entry and before the plant, plant product, biological con9 trol organism, plant pest, noxious weed, article, or means

10 of conveyance is moved from the port of entry, notify the

11 Secretary or, at the Secretary’s direction, the proper offi12 cial of the State to which the plant, plant product, biologi13 cal control organism, plant pest, noxious weed, article, or

14 means of conveyance is destined, or both, as the Secretary

15 may prescribe, of—

16 (1) the name and address of the consignee;

17 (2) the nature and quantity of the plant, plant

18 product, biological control organism, plant pest, nox19 ious weed, article, or means of conveyance proposed

20 to be moved; and

21 (3) the country and locality where the plant,

22 plant product, biological control organism, plant

23 pest, noxious weed, article, or means of conveyance

24 was grown, produced, or located.
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1 (c) PROHIBITION OF MOVEMENT OF ITEMS WITHOUT

2 INSPECTION AND AUTHORIZATION.—No person shall

3 move from a port of entry or interstate an imported plant,

4 plant product, biological control organism, plant pest, nox5 ious weed, article, or means of conveyance unless the im6 ported plant, plant product, biological control organism,

7 plant pest, noxious weed, article, or means of conveyance

8 has been—

9 (1) inspected and authorized by the Secretary

10 for entry into or movement through the United

11 States; or

12 (2) otherwise released by the Secretary.

13 SEC. 104. GENERAL REMEDIAL MEASURES FOR NEW PLANT

14 PESTS AND NOXIOUS WEEDS.

15 (a) AUTHORITY TO HOLD, TREAT, OR DESTROY

16 ITEMS.—If the Secretary considers it necessary to prevent

17 the dissemination of a plant pest or noxious weed that is

18 new to or not known to be widely prevalent or distributed

19 within and throughout the United States, the Secretary

20 may hold, seize, quarantine, treat, apply other remedial

21 measures to, destroy, or otherwise dispose of a plant, plant

22 product, biological control organism, plant pest, noxious

23 weed, article, or means of conveyance that—
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1 (1)(A) is moving into or through the United

2 States or interstate, or has moved into or through

3 the United States or interstate; and

4 (B)(i) the Secretary has reason to believe is a

5 plant pest or noxious weed or is infested with a

6 plant pest or noxious weed at the time of the move7 ment; or

8 (ii) is or has been otherwise in violation of this

9 Act;

10 (2) has not been maintained in compliance with

11 a post-entry quarantine requirement; or

12 (3) is the progeny of a plant, plant product, bi13 ological control organism, plant pest, or noxious

14 weed that is moving into or through the United

15 States or interstate, or has moved into the United

16 States or interstate, in violation of this Act.

17 (b) AUTHORITY TO ORDER AN OWNER TO TREAT OR

18 DESTROY.—

19 (1) IN GENERAL.—The Secretary may order the

20 owner of a plant, plant product, biological control or21 ganism, plant pest, noxious weed, article, or means

22 of conveyance subject to action under subsection (a),

23 or the owner’s agent, to treat, apply other remedial

24 measures to, destroy, or otherwise dispose of the

25 plant, plant product, biological control organism,
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1 plant pest, noxious weed, article, or means of con2 veyance, without cost to the Federal Government

3 and in a manner the Secretary considers appro4 priate.

5 (2) FAILURE TO COMPLY.—If the owner or

6 agent of the owner fails to comply with an order of

7 the Secretary under paragraph (1), the Secretary

8 may take an action authorized by subsection (a) and

9 recover from the owner or agent of the owner the

10 costs of any care, handling, application of remedial

11 measures, or disposal incurred by the Secretary in

12 connection with actions taken under subsection (a).

13 (c) CLASSIFICATION SYSTEM.—

14 (1) IN GENERAL.—To facilitate control of nox15 ious weeds, the Secretary may develop a classifica16 tion system to describe the status and action levels

17 for noxious weeds.

18 (2) CATEGORIES.—The classification system

19 may include the geographic distribution, relative

20 threat, and actions initiated to prevent introduction

21 or distribution.

22 (3) MANAGEMENT PLANS.—In conjunction with

23 the classification system, the Secretary may develop

24 integrated management plans for noxious weeds for
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1 the geographic region or ecological range where the

2 noxious weed is found in the United States.

3 (d) APPLICATION OF LEAST DRASTIC ACTION.—No

4 plant, plant product, biological control organism, plant

5 pest, noxious weed, article, or means of conveyance shall

6 be destroyed, exported, or returned to the shipping point

7 of origin, or ordered to be destroyed, exported, or returned

8 to the shipping point of origin under this section unless,

9 in the opinion of the Secretary, there is no less drastic

10 action that is feasible and that would be adequate to pre11 vent the dissemination of any plant pest or noxious weed

12 new to or not known to be widely prevalent or distributed

13 within and throughout the United States.

14 SEC. 105. EXTRAORDINARY EMERGENCIES.

15 (a) AUTHORITY TO DECLARE.—Subject to subsection

16 (b), if the Secretary determines that an extraordinary

17 emergency exists because of the presence of a plant pest

18 or noxious weed that is new to or not known to be widely

19 prevalent in or distributed within and throughout the

20 United States and that the presence of the plant pest or

21 noxious weed threatens plants or plant products of the

22 United States, the Secretary may—

23 (1) hold, seize, quarantine, treat, apply other

24 remedial measures to, destroy, or otherwise dispose

25 of, a plant, plant product, biological control orga-
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1 nism, article, or means of conveyance that the Sec2 retary has reason to believe is infested with the

3 plant pest or noxious weed;

4 (2) quarantine, treat, or apply other remedial

5 measures to any premises, including a plant, plant

6 product, biological control organism, article, or

7 means of conveyance on the premises, that the Sec8 retary has reason to believe is infested with the

9 plant pest or noxious weed;

10 (3) quarantine a State or portion of a State in

11 which the Secretary finds the plant pest or noxious

12 weed or a plant, plant product, biological control or13 ganism, article, or means of conveyance that the

14 Secretary has reason to believe is infested with the

15 plant pest or noxious weed; or

16 (4) prohibit or restrict the movement within a

17 State of a plant, plant product, biological control or18 ganism, article, or means of conveyance if the Sec19 retary determines that the prohibition or restriction

20 is necessary to prevent the dissemination of the

21 plant pest or noxious weed or to eradicate the plant

22 pest or noxious weed.

23 (b) REQUIRED FINDING OF EMERGENCY.—The Sec24 retary may take action under this section only on finding,

25 after review and consultation with the Governor or other
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1 appropriate official of the State affected, that the meas2 ures being taken by the State are inadequate to prevent

3 the dissemination of the plant pest or noxious weed or to

4 eradicate the plant pest or noxious weed.

5 (c) NOTIFICATION PROCEDURES.—

6 (1) IN GENERAL.—Except as provided in para7 graph (2), before any action is taken in a State

8 under this section, the Secretary shall—

9 (A) notify the Governor or another appro10 priate official of the State;

11 (B) issue a public announcement; and

12 (C) except as provided in paragraph (2),

13 publish in the Federal Register a statement

14 of—

15 (i) the findings of the Secretary;

16 (ii) the action the Secretary intends to

17 take;

18 (iii) the reason for the intended ac19 tion; and

20 (iv) if practicable, an estimate of the

21 anticipated duration of the extraordinary

22 emergency.

23 (2) TIME SENSITIVE ACTIONS.—If it is not

24 practicable to publish a statement in the Federal

25 Register under paragraph (1) before taking an ac-
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1 tion under this section, the Secretary shall publish

2 the statement in the Federal Register within a rea3 sonable period of time, not to exceed 10 business

4 days, after commencement of the action.

5 (d) APPLICATION OF LEAST DRASTIC ACTION.—No

6 plant, plant product, biological control organism, plant

7 pest, noxious weed, article, or means of conveyance shall

8 be destroyed, exported, or returned to the shipping point

9 of origin, or ordered to be destroyed, exported, or returned

10 to the shipping point of origin under this section unless,

11 in the opinion of the Secretary, there is no less drastic

12 action that is feasible and that would be adequate to pre13 vent the dissemination of a plant pest or noxious weed

14 new to or not known to be widely prevalent or distributed

15 within and throughout the United States.

16 (e) PAYMENT OF COMPENSATION.—

17 (1) IN GENERAL.—The Secretary may pay com18 pensation to a person for economic losses incurred

19 by the person as a result of action taken by the Sec20 retary under this section.

21 (2) AMOUNT.—The determination by the Sec22 retary of the amount of any compensation to be paid

23 under this subsection shall be final and shall not be

24 subject to judicial review.
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1 SEC. 106. RECOVERY OF COMPENSATION FOR UNAUTHOR2 IZED ACTIVITIES.

3 (a) RECOVERY ACTION.—The owner of a plant, plant

4 product, biological control organism, plant pest, noxious

5 weed, article, or means of conveyance destroyed or other6 wise disposed of by the Secretary under section 104 or

7 105 may bring an action against the United States to re8 cover just compensation for the destruction or disposal of

9 the plant, plant product, biological control organism, plant

10 pest, noxious weed, article, or means of conveyance (not

11 including compensation for loss due to delays incident to

12 determining eligibility for importation, entry, exportation,

13 movement in interstate commerce, or release into the envi14 ronment) if the owner establishes that the destruction or

15 disposal was not authorized under this Act.

16 (b) TIME FOR ACTION; LOCATION.—

17 (1) TIME FOR ACTION.—An action under this

18 section shall be brought not later than 1 year after

19 the destruction or disposal of the plant, plant prod20 uct, biological control mechanism, plant pest, nox21 ious weed, article, or means of conveyance involved.

22 (2) LOCATION.—The action may be brought in

23 a United States District Court where the owner is

24 found, resides, transacts business, is licensed to do

25 business, or is incorporated.
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1 (c) PAYMENT OF JUDGMENTS.—A judgment in favor

2 of the owner shall be paid out of any money in the Treas3 ury appropriated for plant pest control activities of the

4 Department of Agriculture.

5 SEC. 107. CONTROL OF GRASSHOPPERS AND MORMON

6 CRICKETS.

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

8 funds under this section, the Secretary shall carry out a

9 program to control grasshoppers and Mormon Crickets on

10 all Federal land to protect rangeland.

11 (b) TRANSFER AUTHORITY.—

12 (1) IN GENERAL.—Subject to paragraph (3), on

13 the request of the Secretary, the Secretary of the In14 terior shall transfer to the Secretary, from any no15 year appropriations, funds for the prevention, sup16 pression, and control of actual or potential grass17 hopper and Mormon Cricket outbreaks on Federal

18 land under the jurisdiction of the Secretary of the

19 Interior.

20 (2) USE.—The transferred funds shall be avail21 able only for the payment of obligations incurred on

22 the Federal land.

23 (3) TRANSFER REQUESTS.—The Secretary shall

24 make a request for the transfer of funds under this

25 subsection as promptly as practicable.
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1 (4) LIMITATION.—The Secretary may not use

2 funds transferred under this subsection until funds

3 specifically appropriated to the Secretary for grass4 hopper and Mormon Cricket control have been ex5 hausted.

6 (5) REPLENISHMENT OF TRANSFERRED

7 FUNDS.—Funds transferred under this section shall

8 be replenished by supplemental or regular appropria9 tions, which the Secretary shall request as promptly

10 as practicable.

11 (c) TREATMENT FOR GRASSHOPPERS AND MORMON

12 CRICKETS.—

13 (1) IN GENERAL.—Subject to the availability of

14 funds under this section, on request of the head of

15 the administering agency or the agriculture depart16 ment of an affected State, the Secretary, to protect

17 rangeland, shall immediately treat Federal, State, or

18 private land that is infested with grasshoppers or

19 Mormon Crickets at levels of economic infestation,

20 unless the Secretary determines that delaying treat21 ment will not cause greater economic damage to ad22 jacent owners of rangeland.

23 (2) OTHER PROGRAMS.—In carrying out this

24 section, the Secretary shall work in conjunction with
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1 other Federal, State, and private prevention, control,

2 or suppression efforts to protect rangeland.

3 (d) FEDERAL COST SHARE OF TREATMENT.—

4 (1) CONTROL ON FEDERAL LAND.—Out of

5 funds made available under this section, the Sec6 retary shall pay 100 percent of the cost of grass7 hopper or Mormon Cricket control on Federal land

8 to protect rangeland.

9 (2) CONTROL ON STATE LAND.—Out of funds

10 made available under this section, the Secretary

11 shall pay 50 percent of the cost of grasshopper or

12 Mormon Cricket control on State land.

13 (3) CONTROL ON PRIVATE LAND.—Out of funds

14 made available under this section, the Secretary

15 shall pay 33.3 percent of the cost of grasshopper or

16 Mormon Cricket control on private land.

17 (e) TRAINING.—From funds made available or trans18 ferred by the Secretary of the Interior to the Secretary

19 to carry out this section, the Secretary shall provide ade20 quate funding for a program to train personnel to accom21 plish effectively the purposes of this section.

22 SEC. 108. CERTIFICATION FOR EXPORTS.

23 The Secretary may certify a plant, plant product, or

24 biological control organism as free from plant pests and

25 noxious weeds, and exposure to plant pests and noxious
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1 weeds, according to the phytosanitary or other require2 ments of the countries to which the plant, plant product,

3 or biological control organism may be exported.

4 TITLE II—INSPECTION AND

5 ENFORCEMENT

6 SEC. 201. INSPECTIONS, SEIZURES, AND WARRANTS.

7 (a) IN GENERAL.—Consistent with guidelines ap8 proved by the Attorney General, the Secretary may—

9 (1) stop and inspect, without a warrant, a per10 son or means of conveyance moving into the United

11 States to determine whether the person or means of

12 conveyance is carrying a plant, plant product, bio13 logical control organism, plant pest, noxious weed,

14 article, or means of conveyance subject to this Act;

15 (2) stop and inspect, without a warrant, a per16 son or means of conveyance moving in interstate

17 commerce on probable cause to believe that the per18 son or means of conveyance is carrying a plant,

19 plant product, biological control organism, plant

20 pest, noxious weed, article, or means of conveyance

21 subject to this Act;

22 (3) stop and inspect, without a warrant, a per23 son or means of conveyance moving in intrastate

24 commerce or on premises quarantined as part of an

25 extraordinary emergency declared under section 105
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1 on probable cause to believe that the person or

2 means of conveyance is carrying a plant, plant prod3 uct, biological control organism, plant pest, noxious

4 weed, article, or means of conveyance subject to this

5 Act; and

6 (4) enter, with a warrant, a premises in the

7 United States for the purpose of conducting inves8 tigations or making inspections and seizures under

9 this Act.

10 (b) WARRANTS.—

11 (1) IN GENERAL.—A United States judge, a

12 judge of a court of record in the United States, or

13 a United States magistrate judge may, on proper

14 oath or affirmation showing probable cause to be15 lieve that there is on certain premises a plant, plant

16 product, biological control organism, plant pest, nox17 ious weed, article, or means of conveyance regulated

18 under this Act, issue a warrant for entry on the

19 premises to conduct an investigation or make an in20 spection or seizure under this Act.

21 (2) EXECUTION.—The warrant may be applied

22 for and executed by the Secretary or a United States

23 marshal.
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1 SEC. 202. COLLECTION OF INFORMATION.

2 The Secretary may gather and compile information

3 and conduct such investigations as the Secretary considers

4 necessary for the administration and enforcement of this

5 Act.

6 SEC. 203. SUBPOENA AUTHORITY.

7 (a) AUTHORITY TO ISSUE.—The Secretary may re8 quire by subpoena—

9 (1) the attendance and testimony of a witness;

10 and

11 (2) the production of all documentary evidence

12 relating to the administration or enforcement of this

13 Act or a matter under investigation in connection

14 with this Act.

15 (b) LOCATION OF PRODUCTION.—The attendance of

16 a witness and production of documentary evidence may be

17 required from any place in the United States at any des18 ignated place of hearing.

19 (c) ENFORCEMENT OF SUBPOENA.—If a person fails

20 to comply with a subpoena, the Secretary may request the

21 Attorney General to invoke the aid of a court of the United

22 States within the jurisdiction in which the investigation

23 is conducted, or where the person resides, is found, trans24 acts business, is licensed to do business, or is incorporated,

25 in obtaining compliance.

26 (d) FEES AND MILEAGE.—
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1 (1) IN GENERAL.—A witness summoned by the

2 Secretary shall be paid the same fees and mileage

3 that are paid to a witness in a court of the United

4 States.

5 (2) DEPOSITIONS.—A witness whose deposition

6 is taken, and the person taking the deposition, shall

7 be entitled to the same fees that are paid for similar

8 services in a court of the United States.

9 (e) PROCEDURES.—

10 (1) IN GENERAL.—The Secretary shall publish

11 procedures for the issuance of subpoenas under this

12 section.

13 (2) LEGAL SUFFICIENCY.—The procedures

14 shall include a requirement that a subpoena be re15 viewed for legal sufficiency and signed by the Sec16 retary.

17 (3) DELEGATION.—If the authority to sign a

18 subpoena is delegated, the agency receiving the dele19 gation shall seek review for legal sufficiency outside

20 that agency.

21 (f) SCOPE OF SUBPOENA.—A subpoena for a witness

22 to attend a court in a judicial district or to testify or

23 produce evidence at an administrative hearing in a judicial

24 district in an action or proceeding arising under this Act

25 may run to any other judicial district.
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1 SEC. 204. PENALTIES FOR VIOLATION.

2 (a) CRIMINAL PENALTIES.—A person that knowingly

3 violates this Act, or that knowingly forges, counterfeits,

4 or, without authority from the Secretary, uses, alters, de5 faces, or destroys a certificate, permit, or other document

6 provided under this Act shall be guilty of a misdemeanor,

7 and, on conviction, shall be fined in accordance with title

8 18, United States Code, imprisoned not more than 1 year,

9 or both.

10 (b) CIVIL PENALTIES.—

11 (1) IN GENERAL.—A person that violates this

12 Act, or that forges, counterfeits, or, without author13 ity from the Secretary, uses, alters, defaces, or de14 stroys a certificate, permit, or other document pro15 vided under this Act may, after notice and oppor16 tunity for a hearing on the record, be assessed a

17 civil penalty by the Secretary that does not exceed

18 the greater of—

19 (A) $50,000 in the case of an individual

20 (except that the civil penalty may not exceed

21 $1,000 in the case of an initial violation of this

22 Act by an individual moving regulated articles

23 not for monetary gain), or $250,000 in the case

24 of any other person for each violation, except

25 the amount of penalties assessed under this
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1 subparagraph in a single proceeding shall not

2 exceed $500,000; or

3 (B) twice the gross gain or gross loss for

4 a violation or forgery, counterfeiting, or unau5 thorized use, defacing or destruction of a cer6 tificate, permit, or other document provided for

7 in this Act that results in the person’s deriving

8 pecuniary gain or causing pecuniary loss to an9 other person.

10 (2) FACTORS IN DETERMINING CIVIL PEN11 ALTY.—In determining the amount of a civil penalty,

12 the Secretary—

13 (A) shall take into account the nature, cir14 cumstance, extent, and gravity of the violation;

15 and

16 (B) may take into account the ability to

17 pay, the effect on ability to continue to do busi18 ness, any history of prior violations, the degree

19 of culpability of the violator, and any other fac20 tors the Secretary considers appropriate.

21 (3) SETTLEMENT OF CIVIL PENALTIES.—The

22 Secretary may compromise, modify, or remit, with or

23 without conditions, a civil penalty that may be as24 sessed under this subsection.

25 (4) FINALITY OF ORDERS.—
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1 (A) IN GENERAL.—An order of the Sec2 retary assessing a civil penalty shall be treated

3 as a final order reviewable under chapter 158

4 of title 28, United States Code.

5 (B) COLLECTION ACTION.—The validity of

6 an order of the Secretary may not be reviewed

7 in an action to collect the civil penalty.

8 (C) INTEREST.—A civil penalty not paid in

9 full when due under an order assessing the civil

10 penalty shall (after the due date) accrue inter11 est until paid at the rate of interest applicable

12 to a civil judgment of the courts of the United

13 States.

14 (c) LIABILITY FOR ACTS OF AN AGENT.—For pur15 poses of this Act, the act, omission, or failure of an officer,

16 agent, or person acting for or employed by any other per17 son within the scope of employment or office of the officer,

18 agent, or person, shall be considered to be the act, omis19 sion, or failure of the other person.

20 (d) GUIDELINES FOR CIVIL PENALTIES.—The Sec21 retary shall coordinate with the Attorney General to estab22 lish guidelines to determine under what circumstances the

23 Secretary may issue a civil penalty or suitable notice of

24 warning in lieu of prosecution by the Attorney General of

25 a violation of this Act.
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1 SEC. 205. ENFORCEMENT ACTIONS OF ATTORNEY GEN2 ERAL.

3 The Attorney General may—

4 (1) prosecute, in the name of the United States,

5 a criminal violation of this Act that is referred to

6 the Attorney General by the Secretary or is brought

7 to the notice of the Attorney General by any person;

8 (2) bring a civil action to enjoin the violation of

9 or to compel compliance with this Act, or to enjoin

10 any interference by a person with the Secretary in

11 carrying out this Act, if the Attorney General has

12 reason to believe that the person has violated or is

13 about to violate this Act, or has interfered, or is

14 about to interfere, with the Secretary; and

15 (3) bring a civil action for the recovery of an

16 unpaid civil penalty, funds under a reimbursable

17 agreement, late payment penalty, or interest as18 sessed under this Act.

19 SEC. 206. COURT JURISDICTION.

20 (a) IN GENERAL.—Except as provided in section

21 204(b), a United States district court, the District Court

22 of Guam, the District Court of the Virgin Islands, the

23 highest court of American Samoa, and the United States

24 courts of other territories and possessions are vested with

25 jurisdiction in all cases arising under this Act.
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1 (b) LOCATION.—An action arising under this Act

2 may be brought, and process may be served, in the judicial

3 district where—

4 (1) a violation or interference occurred or is

5 about to occur; or

6 (2) the person charged with the violation, inter7 ference, impending violation, impending interference,

8 or failure to pay resides, is found, transacts busi9 ness, is licensed to do business, or is incorporated.

10 TITLE III—MISCELLANEOUS

11 PROVISIONS

12 SEC. 301. COOPERATION.

13 (a) IN GENERAL.—To carry out this Act, the Sec14 retary may cooperate with—

15 (1) other Federal agencies or entities;

16 (2) States or political subdivisions of States;

17 (3) national governments;

18 (4) local governments of other nations;

19 (5) domestic or international organizations;

20 (6) domestic or international associations; and

21 (7) other persons.

22 (b) RESPONSIBILITY.—The individual or entity co23 operating with the Secretary shall be responsible for con24 ducting the operations or taking measures on all land and

25 property within the foreign country or State, other than
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1 land and property owned or controlled by the United

2 States, and for other facilities and means determined by

3 the Secretary.

4 (c) TRANSFER OF BIOLOGICAL CONTROL METH5 ODS.—The Secretary may transfer to a Federal or State

6 agency or other person biological control methods using

7 biological control organisms against plant pests or noxious

8 weeds.

9 (d) COOPERATION IN PROGRAM ADMINISTRATION.—

10 The Secretary may cooperate with State authorities or

11 other persons in the administration of programs for the

12 improvement of plants, plant products, and biological con13 trol organisms.

14 SEC. 302. BUILDINGS, LAND, PEOPLE, CLAIMS, AND AGREE15 MENTS.

16 (a) IN GENERAL.—The Secretary may acquire and

17 maintain such real or personal property, and employ such

18 persons, make such grants, and enter into such contracts,

19 cooperative agreements, memoranda of understanding, or

20 other agreements, as are necessary to carry out this Act.

21 (b) TORT CLAIMS.—

22 (1) IN GENERAL.—Except as provided in para23 graph (2), the Secretary may pay a tort claim (in

24 the manner authorized in the first paragraph of sec25 tion 2672 of title 28, United States Code) if the
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1 claim arises outside the United States in connection

2 with an activity authorized under this Act.

3 (2) REQUIREMENTS OF CLAIM.—A claim may

4 not be allowed under paragraph (1) unless the claim

5 is presented in writing to the Secretary not later

6 than 2 years after the claim arises.

7 SEC. 303. REIMBURSABLE AGREEMENTS.

8 (a) PRECLEARANCE.—

9 (1) IN GENERAL.—The Secretary may enter

10 into a reimbursable fee agreement with a person for

11 preclearance (at a location outside the United

12 States) of plants, plant products, biological control

13 organisms, articles, and means of conveyance for

14 movement to the United States.

15 (2) ACCOUNT.—All funds collected under this

16 subsection shall be credited to an account that may

17 be established by the Secretary and shall remain

18 available until expended without fiscal year limita19 tion.

20 (b) OVERTIME.—

21 (1) IN GENERAL.—Notwithstanding any other

22 law, the Secretary may pay an employee of the De23 partment of Agriculture performing services under

24 this Act relating to imports into and exports from

25 the United States, for all overtime, night, or holiday
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1 work performed by the employee, at a rate of pay

2 determined by the Secretary.

3 (2) REIMBURSEMENT OF SECRETARY.—The

4 Secretary may require a person for whom the serv5 ices are performed to reimburse the Secretary for

6 funds paid by the Secretary for the services.

7 (3) ACCOUNT.—All funds collected under this

8 subsection shall be credited to the account that in9 curs the costs and remain available until expended

10 without fiscal year limitation.

11 (c) LATE PAYMENT PENALTY AND INTEREST.—

12 (1) COLLECTION.—On failure of a person to re13 imburse the Secretary in accordance with this sec14 tion, the Secretary may assess a late payment pen15 alty against the person.

16 (2) INTEREST.—Overdue funds due the Sec17 retary under this section shall accrue interest in ac18 cordance with section 3717 of title 31, United States

19 Code.

20 (3) ACCOUNT.—A late payment penalty and ac21 crued interest shall be credited to the account that

22 incurs the costs and shall remain available until ex23 pended without fiscal year limitation.
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1 SEC. 304. PROTECTION FOR MAIL CARRIERS.

2 This Act shall not apply to an employee of the United

3 States in the performance of the duties of the employee

4 in handling the mail.

5 SEC. 305. REGULATIONS AND ORDERS.

6 The Secretary may promulgate such regulations, and

7 issue such orders, as the Secretary considers necessary to

8 carry out this Act.

9 SEC. 306. REPEAL OF SUPERSEDED LAWS.

10 (a) REPEAL.—The following provisions of law are re11 pealed:

12 (1) Subsections (a) through (e) of section 102

13 of the Department of Agriculture Organic Act of

14 1944 (7 U.S.C. 147a).

15 (2) Section 1773 of the Food Security Act of

16 1985 (7 U.S.C. 148f).

17 (3) The Golden Nematode Act (7 U.S.C. 150 et

18 seq.).

19 (4) The Federal Plant Pest Act (7 U.S.C.

20 150aa et seq).

21 (5) The Joint Resolution of April 6, 1937 (56

22 Stat. 57, chapter 69; 7 U.S.C. 148 et seq.).

23 (6) The Act of January 31, 1942 (56 Stat. 40,

24 chapter 31; 7 U.S.C. 149).
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1 (7) The Act of August 20, 1912 (commonly

2 known as the ‘‘Plant Quarantine Act’’) (37 Stat.

3 315, chapter 308; 7 U.S.C. 151 et seq.).

4 (8) The Halogeton Glomeratus Control Act (7

5 U.S.C. 1651 et seq.).

6 (9) The Act of August 28, 1950 (64 Stat. 561,

7 chapter 815; 7 U.S.C. 2260).

8 (10) The Federal Noxious Weed Act of 1974 (7

9 U.S.C. 2801 et seq.), other than the first section

10 and section 15 of that Act (7 U.S.C. 2801 note,

11 2814).

12 (b) EFFECT ON REGULATIONS.—Regulations pro13 mulgated under the authority of a provision of law re14 pealed by subsection (a) shall remain in effect until such

15 time as the Secretary promulgates a regulation under sec16 tion 304 that supersedes the earlier regulation.

17 TITLE IV—AUTHORIZATION OF

18 APPROPRIATIONS

19 SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

20 (a) IN GENERAL.—There are authorized to be appro21 priated such sums as are necessary to carry out this Act.

22 (b) COMPENSATION.—Except as provided in section

23 106 and as specifically authorized by law, no part of the

24 amounts appropriated under this section shall be used to
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1 provide compensation for property injured or destroyed by

2 or at the direction of the Secretary.

3 SEC. 402. TRANSFER AUTHORITY.

4 (a) AUTHORITY TO TRANSFER CERTAIN FUNDS.—

5 In connection with an emergency in which a plant pest

6 or noxious weed threatens a segment of the agricultural

7 production of the United States, the Secretary may trans8 fer from other appropriations or funds available to the

9 agencies or corporations of the Department of Agriculture

10 such amounts as the Secretary considers necessary to be

11 available in the emergency for the arrest, control, eradi12 cation, and prevention of the dissemination of the plant

13 pest or noxious weed and for related expenses.

14 (b) AVAILABILITY.—Any funds transferred under

15 this section shall remain available for such purposes with16 out fiscal year limitation.

Æ