II

106TH CONGRESS

1ST SESSION S. 83

To consolidate and revise 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 19, 1999

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

to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To consolidate and revise 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.

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

5 SEC. 2. FINDINGS.

6 Congress finds that—

7 (1) the detection, control, eradication, suppres8 sion, prevention, and retardation of the spread of

9 plant pests and noxious weeds is necessary for the
2

•S 83 IS

1 protection of the agriculture, environment, and econ2 omy of the United States;

3 (2) biological control—

4 (A) is often a desirable, low-risk means of

5 ridding crops and other plants of plant pests

6 and noxious weeds; and

7 (B) should be facilitated by the Secretary

8 of Agriculture, Federal agencies, and States,

9 whenever feasible;

10 (3) markets could be severely impacted by the

11 introduction or spread of pests or noxious weeds into

12 or within the United States;

13 (4) the unregulated movement of plant pests,

14 noxious weeds, plants, biological control organisms,

15 plant products, and articles capable of harboring

16 plant pests or noxious weeds would present an unac17 ceptable risk of introducing or spreading plant pests

18 or noxious weeds;

19 (5) the existence on any premises in the United

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

21 known to be widely prevalent in or distributed within

22 and throughout the United States could threaten

23 crops, other plants, plant products, and the natural

24 resources and environment of the United States and
3

•S 83 IS

1 burden interstate commerce or foreign commerce;

2 and

3 (6) all plant pests, noxious weeds, plants, plant

4 products, or articles capable of harboring plant pests

5 or noxious weeds regulated under this Act are in or

6 affect interstate commerce or foreign commerce.

7 SEC. 3. DEFINITIONS.

8 In this Act:

9 (1) ARTICLE.—The term ‘‘article’’ means any

10 material or tangible object that could harbor a pest,

11 disease, or noxious weed.

12 (2) BIOLOGICAL CONTROL ORGANISM.—The

13 term ‘‘biological control organism’’ means a biologi14 cal entity, as defined by the Secretary, that sup15 presses or decreases the population of another bio16 logical entity.

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.
4

•S 83 IS

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) INDIGENOUS.—The term ‘‘indigenous’’

10 means a plant species found naturally as part of a

11 natural habitat in a geographic area in the United

12 States.

13 (10) INTERSTATE.—The term ‘‘interstate’’

14 means from 1 State into or through any other State,

15 or within the District of Columbia, Guam, the Virgin

16 Islands of the United States, or any other territory

17 or possession of the United States.

18 (11) INTERSTATE COMMERCE.—The term

19 ‘‘interstate commerce’’ means trade, traffic, move20 ment, or other commerce—

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

22 in another State;

23 (B) between points within the same State

24 but through any place outside the State; or
5

•S 83 IS

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

2 the Virgin Islands of the United States, or any

3 other territory or possession of the United

4 States.

5 (12) MEANS OF CONVEYANCE.—The term

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

7 or means used for or intended for use for the move8 ment of any other personal property.

9 (13) MOVE.—The term ‘‘move’’ means to—

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

11 transport;

12 (B) aid, abet, cause, or induce the carry13 ing, entering, importing, mailing, shipping, or

14 transporting;

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

16 ship, or transport;

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

18 ship, or transport; or

19 (E) allow any of the activities referred to

20 this paragraph.

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

22 weed’’ means a plant, seed, reproductive part, or

23 propagative part of a plant that—

24 (A) can directly or indirectly injure or

25 cause damage to a crop, other useful plant,
6

•S 83 IS

1 plant product, livestock, poultry, or other inter2 est of agriculture (including irrigation), naviga3 tion, public health, or natural resources or envi4 ronment of the United States; and

5 (B) belongs to a species that is not indige6 nous to the geographic area or ecosystem in

7 which it is causing injury or damage.

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

9 written or oral authorization (including electronic

10 authorization) by the Secretary to move a plant,

11 plant product, biological control organism, plant

12 pest, noxious weed, or article under conditions pre13 scribed by the Secretary.

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

15 individual, partnership, corporation, association,

16 joint venture, or other legal entity.

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

18 or plant part for or capable of propagation, includ19 ing a tree, shrub, vine, bulb, root, pollen, seed, tissue

20 culture, plantlet culture, cutting, graft, scion, and

21 bud.

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

23 means—

24 (A) a living stage of a protozoan, animal,

25 bacteria, fungus, virus, viroid, infection agent,
7

•S 83 IS

1 or parasitic plant that can directly or indirectly

2 injure or cause damage to, or cause disease in,

3 a plant or plant product; or

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

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

6 (19) PLANT PRODUCT.—The term ‘‘plant prod7 uct’’ means a flower, fruit, vegetable, root, bulb,

8 seed, or other plant part that is not considered a

9 plant or a manufactured or processed plant or plant

10 part.

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

12 means the Secretary of Agriculture.

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

14 the several States of the United States, the District

15 of Columbia, the Commonwealth of Puerto Rico, the

16 Virgin Islands, Guam, American Samoa, the Com17 monwealth of the Northern Mariana Islands, and

18 any other territory or possession of the United

19 States.

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

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

22 all of the States.
8

•S 83 IS

1 SEC. 4. RESTRICTIONS ON MOVEMENT OF PLANTS, PLANT

2 PRODUCTS, BIOLOGICAL CONTROL ORGA3 NISMS, PLANT PESTS, NOXIOUS WEEDS, ARTI4 CLES, AND MEANS OF CONVEYANCE.

5 (a) IN GENERAL.—The Secretary may prohibit or re6 strict the importation, entry, exportation, or movement in

7 interstate commerce of a plant, plant product, biological

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

9 means of conveyance if the Secretary determines that the

10 prohibition or restriction is necessary to prevent the intro11 duction into the United States or the interstate dissemina12 tion of a plant pest or noxious weed.

13 (b) MAIL.—

14 (1) IN GENERAL.—No person shall convey in

15 the mail, or deliver from a post office or by a mail

16 carrier, a letter or package containing a plant pest,

17 biological control organism, or noxious weed unless

18 it is mailed in accordance with such regulations as

19 the Secretary may issue to prevent the introduction

20 into the United States, or interstate dissemination,

21 of plant pests or noxious weeds.

22 (2) POSTAL EMPLOYEES.—This subsection shall

23 not apply to an employee of the United States in the

24 performance of the duties of the employee in han25 dling the mail.
9

•S 83 IS

1 (3) POSTAL LAWS AND REGULATIONS.—Noth2 ing in this subsection authorizes a person to open a

3 mailed letter or other mailed sealed matter except in

4 accordance with the postal laws and regulations.

5 (c) STATE RESTRICTIONS ON NOXIOUS WEEDS.—No

6 person shall move into a State, or sell or offer for sale

7 in the State, a plant species the sale of which is prohibited

8 by the State because the plant species is designated as

9 a noxious weed or has a similar designation.

10 (d) ADMINISTRATION.—The Secretary may issue reg11 ulations to carry out this section, including regulations re12 quiring that a plant, plant product, biological control orga13 nism, plant pest, noxious weed, article, or means of con14 veyance imported, entered, to be exported, or moved in

15 interstate commerce—

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

17 Secretary prior to the importation, entry, expor18 tation, or movement in interstate commerce;

19 (2) be accompanied by a certificate of inspec20 tion issued in a manner and form required by the

21 Secretary or by an appropriate official of the coun22 try or State from which the plant, plant product, bi23 ological control organism, plant pest, noxious weed,

24 article, or means of conveyance is to be moved;
10

•S 83 IS

1 (3) be subject to remedial measures the Sec2 retary determines to be necessary to prevent the

3 spread of plant pests; and

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

5 organism, be grown or handled under post-entry

6 quarantine conditions by or under the supervision of

7 the Secretary for the purpose of determining wheth8 er the plant or biological control organism may be

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

10 be a plant pest or noxious weed.

11 (e) LIST OF RESTRICTED NOXIOUS WEEDS.—

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

13 by regulation, a list of noxious weeds that are pro14 hibited or restricted from entering the United States

15 or that are subject to restrictions on interstate

16 movement within the United States.

17 (2) PETITIONS TO ADD OR REMOVE PLANT SPE18 CIES.—

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

20 the Secretary to add or remove a plant species

21 from the list required under paragraph (1).

22 (B) ACTION ON PETITION.—The Secretary

23 shall—
11

•S 83 IS

1 (i) act on a petition not later than 1

2 year after receipt of the petition by the

3 Secretary; and

4 (ii) notify the petitioner of the final

5 action the Secretary takes on the petition.

6 (C) BASIS FOR DETERMINATION.—The

7 Secretary’s determination on the petition shall

8 be based on sound science, available data and

9 technology, and information received from pub10 lic comment.

11 (D) INCLUSION ON LIST.—To include a

12 plant species on the list, the Secretary must de13 termine that—

14 (i) the plant species is nonindigenous

15 to the geographic region or ecosystem in

16 which the species is spreading and causing

17 injury; and

18 (ii) the dissemination of the plant in

19 the United States may reasonably be ex20 pected to interfere with natural resources,

21 agriculture, forestry, or a native ecosystem

22 of a geographic region, or management of

23 an ecosystem, or cause injury to the public

24 health.

25 (f) CONFORMING AMENDMENTS.—
12

•S 83 IS

1 (1) Section 102 of the Act of September 21,

2 1944 (58 Stat. 735, chapter 412; 7 U.S.C. 147a) is

3 amended by striking ‘‘(a)’’ in subsection (a) and all

4 that follows through ‘‘(2)’’ in subsection (f)(2).

5 (2) The matter under the heading ‘‘ENFORCE6 MENT OF THE PLANT-QUARANTINE ACT:’’ under the

7 heading ‘‘MISCELLANEOUS’’ of the Act of March 4,

8 1915 (commonly known as the ‘‘Terminal Inspection

9 Act’’) (38 Stat. 1113, chapter 144; 7 U.S.C. 166)

10 is amended—

11 (A) in the second paragraph—

12 (i) by striking ‘‘plants and plant prod13 ucts’’ each place it appears and inserting

14 ‘‘plants, plant products, animals, and other

15 organisms’’;

16 (ii) by striking ‘‘plants or plant prod17 ucts’’ each place it appears and inserting

18 ‘‘plants, plant products, animals, or other

19 organisms’’;

20 (iii) by striking ‘‘plant-quarantine law

21 or plant-quarantine regulation’’ each place

22 it appears and inserting ‘‘plant-quarantine

23 or other law or plant-quarantine regula24 tion’’;

25 (iv) in the second sentence—
13

•S 83 IS

1 (I) by striking ‘‘Upon his ap2 proval of said list, in whole or in part,

3 the Secretary of Agriculture’’ and in4 serting ‘‘On the receipt of the list by

5 the Secretary of Agriculture, the Sec6 retary’’; and

7 (II) by striking ‘‘said approved

8 lists’’ and inserting ‘‘the lists’’;

9 (v) by inserting after the second sen10 tence the following: ‘‘On the request of a

11 representative of a State, a Federal agency

12 shall act on behalf of the State to obtain

13 a warrant to inspect mail to carry out this

14 paragraph.’’; and

15 (vi) in the last sentence, by striking

16 ‘‘be forward’’ and inserting ‘‘be for17 warded’’; and

18 (B) in the third paragraph, by striking

19 ‘‘plant or plant product’’ and inserting ‘‘plant,

20 plant product, animal, or other organism’’.
14

•S 83 IS

1 SEC. 5. NOTIFICATION OF ARRIVAL AND INSPECTION BE2 FORE MOVEMENT OF PLANTS, PLANT PROD3 UCTS, BIOLOGICAL CONTROL ORGANISMS,

4 PLANT PESTS, NOXIOUS WEEDS, ARTICLES,

5 AND MEANS OF CONVEYANCE.

6 (a) NOTIFICATION AND HOLDING BY SECRETARY OF

7 THE TREASURY.—

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the Secretary of the Treasury shall—

10 (A) promptly notify the Secretary of the

11 arrival of a plant, plant product, biological con12 trol organism, plant pest, noxious weed, article,

13 or means of conveyance at a port of entry; and

14 (B) hold the plant, plant product, biologi15 cal control organism, plant pest, noxious weed,

16 article, or means of conveyance until inspected

17 and authorized for entry into or transit move18 ment through the United States, or otherwise

19 released by the Secretary.

20 (2) APPLICATION.—Paragraph (1) shall not

21 apply to a plant, plant product, biological control or22 ganism, plant pest, noxious weed, article, or means

23 of conveyance that is imported from a country or re24 gion of countries that the Secretary designates as

25 exempt from paragraph (1), pursuant to such regu26 lations as the Secretary may issue.
15

•S 83 IS

1 (b) NOTIFICATION BY RESPONSIBLE PERSON.—The

2 person responsible for a plant, plant product, biological

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

4 means of conveyance subject to subsection (a) shall

5 promptly, on arrival at the port of entry and before the

6 plant, plant product, biological control organism, plant

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

8 moved from the port of entry, notify the Secretary or, at

9 the Secretary’s direction, the proper official of the State

10 to which the plant, plant product, biological control orga11 nism, plant pest, noxious weed, article, or means of con12 veyance is destined, or both, as the Secretary may pre13 scribe, of—

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

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

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

18 to be moved; and

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

20 plant product, biological control organism, plant

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

22 was grown, produced, or located.

23 (c) NO MOVEMENT WITHOUT INSPECTION AND AU24 THORIZATION.—No person shall move from the port of

25 entry or interstate an imported plant, plant product, bio-
16

•S 83 IS

1 logical control organism, plant pest, noxious weed, article,

2 or means of conveyance unless the imported plant, plant

3 product, biological control organism, plant pest, noxious

4 weed, article, or means of conveyance has been inspected

5 and authorized for entry into or transit movement through

6 the United States, or otherwise released by the Secretary.

7 SEC. 6. REMEDIAL MEASURES OR DISPOSAL FOR PLANT

8 PESTS OR NOXIOUS WEEDS; EXTRAORDINARY

9 EMERGENCY.

10 (a) REMEDIAL MEASURES OR DISPOSAL FOR PLANT

11 PESTS OR NOXIOUS WEEDS.—

12 (1) IN GENERAL.—Except as provided in sub13 section (c), if the Secretary considers it necessary to

14 prevent the dissemination of a plant pest or noxious

15 weed new to or not known to be widely prevalent or

16 distributed within and throughout the United States,

17 the Secretary may hold, seize, quarantine, treat,

18 apply other remedial measures to, destroy, or other19 wise dispose of—

20 (A) a plant, plant product, biological con21 trol organism, plant pest, noxious weed, article,

22 or means of conveyance that is moving into or

23 through the United States or interstate and

24 that the Secretary has reason to believe is in25 fested with the plant pest or noxious weed;
17

•S 83 IS

1 (B) a plant, plant product, biological con2 trol organism, plant pest, noxious weed, article,

3 or means of conveyance that has moved into the

4 United States or interstate and that the Sec5 retary has reason to believe was infested with

6 the plant pest or noxious weed at the time of

7 the movement;

8 (C) a plant, plant product, biological con9 trol organism, plant pest, noxious weed, article,

10 or means of conveyance that is moving into or

11 through the United States or interstate, or has

12 moved into the United States or interstate, in

13 violation of this Act;

14 (D) a plant, plant product, biological con15 trol organism, plant pest, noxious weed, article,

16 or means of conveyance that has not been

17 maintained in compliance with a post-entry

18 quarantine requirement;

19 (E) a progeny of a plant, plant product, bi20 ological control organism, plant pest, or noxious

21 weed that is moving into or through the United

22 States or interstate, or has moved into the

23 United States or interstate, in violation of this

24 Act; or
18

•S 83 IS

1 (F) a plant, plant product, biological con2 trol organism, plant pest, noxious weed, article,

3 or means of conveyance that is infested with a

4 plant pest or noxious weed that the Secretary

5 has reason to believe was moved into the United

6 States or in interstate commerce.

7 (2) ORDERING TREATMENT OR DISPOSAL BY

8 THE OWNER.—Except as provided in subsection (c),

9 the Secretary may order the owner of a plant, plant

10 product, biological control organism, plant pest, nox11 ious weed, article, or means of conveyance subject to

12 disposal under paragraph (1), or the owner’s agent,

13 to treat, apply other remedial measures to, destroy,

14 or otherwise dispose of the plant, plant product, bio15 logical control organism, plant pest, noxious weed,

16 article, or means of conveyance, without cost to the

17 Federal Government and in a manner the Secretary

18 considers appropriate.

19 (3) CLASSIFICATION SYSTEM FOR NOXIOUS

20 WEEDS.—

21 (A) IN GENERAL.—To facilitate control of

22 noxious weeds, the Secretary shall develop a

23 classification system to describe the status and

24 action levels for noxious weeds.
19

•S 83 IS

1 (B) CATEGORIES.—The classification sys2 tem shall differentiate between—

3 (i) noxious weeds that are not known

4 to be introduced into the United States;

5 (ii) noxious weeds that are not known

6 to be widely disseminated within the

7 United States;

8 (iii) noxious weeds that are widely dis9 tributed within the United States; and

10 (iv) noxious weeds that are not indige11 nous, including native plant species that

12 are invasive in limited geographic areas

13 within the United States.

14 (C) OTHER CATEGORIES.—In addition to

15 the categories required under subparagraph

16 (B), the Secretary may establish other cat17 egories of noxious weeds for the system.

18 (D) VARYING LEVELS OF REGULATION

19 AND CONTROL.—The Secretary shall develop

20 varying levels of regulation and control appro21 priate to each of the categories of the system.

22 (E) APPLICATION OF REGULATIONS.—The

23 regulations issued to carry out this paragraph

24 shall apply, as the Secretary considers appro25 priate, to—
20

•S 83 IS

1 (i) exclude a noxious weed;

2 (ii) prevent further dissemination of a

3 noxious weed through movement or com4 merce;

5 (iii) establish mandatory controls for

6 a noxious weed; or

7 (iv) designate a noxious weed as war8 ranting control efforts.

9 (F) REVISIONS.—The Secretary shall re10 vise the classification system, and the place11 ment of individual noxious weeds within the

12 system, in response to changing circumstances.

13 (G) INTEGRATED MANAGEMENT PLANS.—

14 In conjunction with the classification system,

15 the Secretary may develop an integrated man16 agement plan for a noxious weed for the geo17 graphic region or ecological range of the United

18 States where the noxious weed is found or to

19 which the noxious weed may spread.

20 (b) EXTRAORDINARY EMERGENCIES.—

21 (1) IN GENERAL.—Subject to paragraph (2), if

22 the Secretary determines that an extraordinary

23 emergency exists because of the presence of a plant

24 pest or noxious weed new to or not known to be

25 widely prevalent in or distributed within and
21

•S 83 IS

1 throughout the United States and that the presence

2 of the plant pest or noxious weed threatens a crop,

3 other plant, plant product, or the natural resources

4 or environment of the United States, the Secretary

5 may—

6 (A) hold, seize, quarantine, treat, apply

7 other remedial measures to, destroy, or other8 wise dispose of, a plant, plant product, biologi9 cal control organism, plant pest, noxious weed,

10 article, or means of conveyance that the Sec11 retary has reason to believe is infested with the

12 plant pest or noxious weed;

13 (B) quarantine, treat, or apply other reme14 dial measures to a premises, including a plant,

15 plant product, biological control organism, arti16 cle, or means of conveyance on the premises,

17 that the Secretary has reason to believe is in18 fested with the plant pest or noxious weed;

19 (C) quarantine a State or portion of a

20 State in which the Secretary finds the plant

21 pest or noxious weed, or a plant, plant product,

22 biological control organism, article, or means of

23 conveyance that the Secretary has reason to be24 lieve is infested with the plant pest or noxious

25 weed; or
22

•S 83 IS

1 (D) prohibit or restrict the movement with2 in a State of a plant, plant product, biological

3 control organism, article, or means of convey4 ance if the Secretary determines that the prohi5 bition or restriction is necessary to prevent the

6 dissemination of the plant pest or noxious weed

7 or to eradicate the plant pest or noxious weed.

8 (2) REQUIREMENTS FOR ACTION.—

9 (A) INADEQUATE STATE MEASURES.—

10 After review and consultation with the Governor

11 or other appropriate official of the State, the

12 Secretary may take action under this subsection

13 only on a finding that the measures being taken

14 by the State are inadequate to eradicate the

15 plant pest or noxious weed.

16 (B) NOTICE TO STATE AND PUBLIC.—Be17 fore taking any action in a State under this

18 subsection, the Secretary shall—

19 (i) notify the Governor or another ap20 propriate official of the State;

21 (ii) issue a public announcement; and

22 (iii) except as provided in subpara23 graph (C), publish in the Federal Register

24 a statement of—

25 (I) the Secretary’s findings;
23

•S 83 IS

1 (II) the action the Secretary in2 tends to take;

3 (III) the reason for the intended

4 action; and

5 (IV) if practicable, an estimate of

6 the anticipated duration of the ex7 traordinary emergency.

8 (C) NOTICE AFTER ACTION.—If it is not

9 practicable to publish a statement in the Fed10 eral Register under subparagraph (B) prior to

11 taking an action under this subsection, the Sec12 retary shall publish the statement in the Fed13 eral Register within a reasonable period of time,

14 not to exceed 10 business days, after com15 mencement of the action.

16 (3) COMPENSATION.—

17 (A) IN GENERAL.—The Secretary may pay

18 compensation to a person for economic losses

19 incurred by the person as a result of action

20 taken by the Secretary under paragraph (1).

21 (B) FINAL DETERMINATION.—The deter22 mination by the Secretary of the amount of any

23 compensation paid under this subsection shall

24 be final and shall not be subject to judicial re25 view.
24

•S 83 IS

1 (c) LEAST DRASTIC ACTION TO PREVENT DISSEMI2 NATION.—No plant, plant product, biological control orga3 nism, article, or means of conveyance shall be destroyed,

4 exported, or returned to the shipping point of origin, or

5 ordered to be destroyed, exported, or returned to the ship6 ping point of origin under this section unless, in the opin7 ion of the Secretary, there is no less drastic action that

8 is feasible, and that would be adequate, to prevent the dis9 semination of a plant pest or noxious weed new to or not

10 known to be widely prevalent or distributed within and

11 throughout the United States.

12 (d) COMPENSATION OF OWNER FOR UNAUTHORIZED

13 DISPOSAL.—

14 (1) IN GENERAL.—The owner of a plant, plant

15 product, biological control organism, article, or

16 means of conveyance destroyed or otherwise disposed

17 of by the Secretary under this section may bring an

18 action against the United States in the United

19 States District Court of the District of Columbia,

20 not later than 1 year after the destruction or dis21 posal, and recover just compensation for the destruc22 tion or disposal of the plant, plant product, biologi23 cal control organism, article, or means of conveyance

24 (not including compensation for loss due to delays

25 incident to determining eligibility for importation,
25

•S 83 IS

1 entry, exportation, movement in interstate com2 merce, or release into the environment) if the owner

3 establishes that the destruction or disposal was not

4 authorized under this Act.

5 (2) SOURCE FOR PAYMENTS.—A judgment ren6 dered in favor of the owner shall be paid out of the

7 money in the Treasury appropriated for plant pest

8 control activities of the Department of Agriculture.

9 SEC. 7. INSPECTIONS, SEIZURES, AND WARRANTS.

10 (a) IN GENERAL.—Consistent with guidelines ap11 proved by the Attorney General, the Secretary may—

12 (1) stop and inspect, without a warrant, a per13 son or means of conveyance moving into the United

14 States to determine whether the person or means of

15 conveyance is carrying a plant, plant product, bio16 logical control organism, or article regulated under

17 this Act or is moving subject to this Act;

18 (2) stop and inspect, without a warrant, a per19 son or means of conveyance moving in interstate

20 commerce on probable cause to believe that the per21 son or means of conveyance is carrying a plant,

22 plant product, biological control organism, or article

23 regulated under this Act or is moving subject to this

24 Act;
26

•S 83 IS

1 (3) stop and inspect, without a warrant, a per2 son or means of conveyance moving in interstate

3 commerce from or within a State, portion of a State,

4 or premises quarantined under section 6(b) on prob5 able cause to believe that the person or means of

6 conveyance is carrying any plant, plant product, bio7 logical control organism, or article regulated under

8 this Act or is moving subject to this Act; and

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

10 United States for the purpose of making inspections

11 and seizures under this Act.

12 (b) WARRANTS.—

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

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

15 a United States magistrate judge may, within the

16 judge’s or magistrate’s jurisdiction, on proper oath

17 or affirmation showing probable cause to believe that

18 there is on certain premises a plant, plant product,

19 biological control organism, article, facility, or means

20 of conveyance regulated under this Act, issue a war21 rant for entry on the premises to make an inspection

22 or seizure under this Act.

23 (2) EXECUTION.—The warrant may be exe24 cuted by the Secretary or a United States Marshal.
27

•S 83 IS

1 SEC. 8. COOPERATION.

2 (a) IN GENERAL.—To carry out this Act, the Sec3 retary may cooperate with—

4 (1) other Federal agencies;

5 (2) States or political subdivisions of States;

6 (3) national, State, or local associations;

7 (4) national governments;

8 (5) local governments of other nations;

9 (6) international organizations;

10 (7) international associations; and

11 (8) other persons.

12 (b) RESPONSIBILITY.—The individual or entity co13 operating with the Secretary shall be responsible for con14 ducting the operations or taking measures on all land and

15 property within the foreign country or State, other than

16 land and property owned or controlled by the United

17 States, and for other facilities and means determined by

18 the Secretary.

19 (c) TRANSFER OF BIOLOGICAL CONTROL METH20 ODS.—At the request of a Federal or State land manage21 ment agency, the Secretary may transfer to the agency

22 biological control methods utilizing biological control orga23 nisms against plant pests or noxious weeds.

24 (d) IMPROVEMENT OF PLANTS, PLANT PRODUCTS,

25 AND BIOLOGICAL CONTROL ORGANISMS.—The Secretary

26 may cooperate with State authorities in the administration
28

•S 83 IS

1 of regulations for the improvement of plants, plant prod2 ucts, and biological control organisms.

3 SEC. 9. PHYTOSANITARY CERTIFICATE FOR EXPORTS.

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

5 biological control organism as free from plant pests and

6 noxious weeds, and exposure to plant pests and noxious

7 weeds, according to the phytosanitary requirements of the

8 country to which the plant, plant product, or biological

9 control organism may be exported.

10 SEC. 10. ADMINISTRATION.

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

12 maintain such real or personal property, employ such per13 sons, make such grants, and enter into such contracts, co14 operative agreements, memoranda of understanding, or

15 other agreements as are necessary to carry out this Act.

16 (b) PERSONNEL OF USER FEE SERVICES.—Notwith17 standing any other law, the Secretary shall provide ade18 quate personnel for services provided under this Act that

19 are funded by user fees.

20 (c) TORT CLAIMS.—

21 (1) IN GENERAL.—The Secretary may pay a

22 tort claim (in the manner authorized in the first

23 paragraph of section 2672 of title 28, United States

24 Code) if the claim arises outside the United States
29

•S 83 IS

1 in connection with an activity authorized under this

2 Act.

3 (2) TIME LIMITATION.—A claim may not be al4 lowed under paragraph (1) unless the claim is pre5 sented in writing to the Secretary not later than 2

6 years after the claim accrues.

7 SEC. 11. 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, and articles for

13 movement into the United States.

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

15 subsection shall be credited to an account that may

16 be established by the Secretary and remain available

17 until expended without fiscal year limitation.

18 (b) OVERTIME.—

19 (1) IN GENERAL.—Notwithstanding any other

20 law, the Secretary may pay an employee of the De21 partment of Agriculture performing services under

22 this Act relating to imports into and exports from

23 the United States, for all overtime, night, or holiday

24 work performed by the employee, at a rate of pay

25 determined by the Secretary.
30

•S 83 IS

1 (2) REIMBURSEMENT OF SECRETARY.—The

2 Secretary may require a person for whom the serv3 ices are performed to reimburse the Secretary for

4 any funds paid by the Secretary for the services.

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

6 subsection shall be credited to the account that in7 curs the costs and remain available until expended

8 without fiscal year limitation.

9 (c) LATE PAYMENT PENALTY AND INTEREST.—

10 (1) PENALTY.—On failure of a person to reim11 burse the Secretary in accordance with this section,

12 the Secretary may assess a late payment penalty

13 against the person.

14 (2) INTEREST.—Overdue funds due the Sec15 retary under this section shall accrue interest in ac16 cordance with section 3717 of title 31, United States

17 Code.

18 (3) ACCOUNT.—A late payment penalty and ac19 crued interest shall be credited to the account that

20 incurs the costs and shall remain available until ex21 pended without fiscal year limitation.

22 SEC. 12. VIOLATIONS; PENALTIES.

23 (a) CRIMINAL PENALTIES.—A person who knowingly

24 violates this Act, or who knowingly forges, counterfeits,

25 or, without authority from the Secretary, uses, alters, de-
31

•S 83 IS

1 faces, or destroys a certificate, permit, or other document

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

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

4 18, United States Code, or imprisoned for not more than

5 1 year, or both.

6 (b) CIVIL PENALTIES.—

7 (1) IN GENERAL.—A person who violates this

8 Act, or who forges, counterfeits, or, without author9 ity from the Secretary, uses, alters, defaces, or de10 stroys a certificate, permit, or other document pro11 vided under this Act may, after notice and oppor12 tunity for a hearing on the record, be assessed a

13 civil penalty by the Secretary of not more than

14 $25,000 for each violation.

15 (2) FINAL ORDER.—The order of the Secretary

16 assessing a civil penalty shall be treated as a final

17 order that is reviewable under chapter 158 of title

18 28, United States Code.

19 (3) VALIDITY OF ORDER.—The validity of an

20 order of the Secretary may not be reviewed in an ac21 tion to collect the civil penalty.

22 (4) INTEREST.—A civil penalty not paid in full

23 when due under an order assessing the civil penalty

24 shall (after the due date) accrue interest until paid
32

•S 83 IS

1 at the rate of interest applicable to a civil judgment

2 of a court of the United States.

3 (c) PECUNIARY GAINS OR LOSSES.—If a person de4 rives pecuniary gain from an offense described in sub5 section (a) or (b), or if the offense results in pecuniary

6 loss to a person other than the defendant, the defendant

7 may be fined not more than an amount that is the greater

8 of twice the gross gain or twice the gross loss, unless impo9 sition of a fine under this subsection would unduly com10 plicate or prolong the imposition of a fine or sentence

11 under subsection (a) or (b).

12 (d) AGENTS.—For purposes of this Act, the act,

13 omission, or failure of an officer, agent, or person acting

14 for or employed by any other person within the scope of

15 the employment or office of the other person shall be con16 sidered also to be the act, omission, or failure of the other

17 person.

18 (e) CIVIL PENALTIES OR NOTICE IN LIEU OF PROS19 ECUTION.—The Secretary shall coordinate with the Attor20 ney General to establish guidelines to determine under

21 what circumstances the Secretary may issue a civil penalty

22 or suitable notice of warning in lieu of prosecution by the

23 Attorney General of a violation of this Act.

24 SEC. 13. ENFORCEMENT.

25 (a) INVESTIGATIONS, EVIDENCE, AND SUBPOENAS.—
33

•S 83 IS

1 (1) INVESTIGATIONS.—The Secretary may

2 gather and compile information and conduct any in3 vestigations the Secretary considers necessary for

4 the administration and enforcement of this Act.

5 (2) EVIDENCE.—The Secretary shall at all rea6 sonable times have the right to examine and copy

7 any documentary evidence of a person being inves8 tigated or proceeded against.

9 (3) SUBPOENAS.—

10 (A) IN GENERAL.—The Secretary shall

11 have power to require by subpoena the attend12 ance and testimony of any witness and the pro13 duction of all documentary evidence relating to

14 the administration or enforcement of this Act

15 or any matter under investigation in connection

16 with this Act.

17 (B) LOCATION.—The attendance of a wit18 ness and production of documentary evidence

19 may be required from any place in the United

20 States at any designated place of hearing.

21 (C) NONCOMPLIANCE WITH SUBPOENA.—

22 If a person disobeys a subpoena, the Secretary

23 may request the Attorney General to invoke the

24 aid of a court of the United States within the

25 jurisdiction in which the investigation is con-
34

•S 83 IS

1 ducted, or where the person resides, is found,

2 transacts business, is licensed to do business, or

3 is incorporated to require the attendance and

4 testimony of a witness and the production of

5 documentary evidence.

6 (D) ORDER.—If a person disobeys a sub7 poena, the court may order the person to ap8 pear before the Secretary and give evidence con9 cerning the matter in question or to produce

10 documentary evidence.

11 (E) NONCOMPLIANCE WITH ORDER.—A

12 failure to obey the court’s order may be pun13 ished by the court as a contempt of the court.

14 (F) FEES AND MILEAGE.—

15 (i) IN GENERAL.—A witness sum16 moned by the Secretary shall be paid the

17 same fees and reimbursement for mileage

18 that is paid to a witness in the courts of

19 the United States.

20 (ii) DEPOSITIONS.—A witness whose

21 deposition is taken, and the person taking

22 the deposition, shall be entitled to the

23 same fees that are paid for similar services

24 in a court of the United States.
35

•S 83 IS

1 (b) ATTORNEY GENERAL.—The Attorney General

2 may—

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

4 a criminal violation of this Act that is referred to

5 the Attorney General by the Secretary or is brought

6 to the notice of the Attorney General by a person;

7 (2) bring an action to enjoin the violation of or

8 to compel compliance with this Act, or to enjoin any

9 interference by a person with the Secretary in carry10 ing out this Act, if the Secretary has reason to be11 lieve that the person has violated or is about to vio12 late this Act, or has interfered, or is about to inter13 fere, with the Secretary; and

14 (3) bring an action for the recovery of any un15 paid civil penalty, funds under a reimbursable agree16 ment, late payment penalty, or interest assessed

17 under this Act.

18 (c) JURISDICTION.—

19 (1) IN GENERAL.—Except as provided in sec20 tion 12(b), a United States district court, the Dis21 trict Court of Guam, the District Court of the Vir22 gin Islands, the highest court of American Samoa,

23 and the United States courts of other territories and

24 possessions shall have jurisdiction over all cases aris25 ing under this Act.
36

•S 83 IS

1 (2) VENUE.—Except as provided in subsection

2 (b), an action arising under this Act may be

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

4 district where a violation or interference occurred or

5 is about to occur, or where the person charged with

6 the violation, interference, impending violation, im7 pending interference, or failure to pay resides, is

8 found, transacts business, is licensed to do business,

9 or is incorporated.

10 (3) SUBPOENAS.—A subpoena for a witness to

11 attend court in a judicial district or to testify or

12 produce evidence at an administrative hearing in a

13 judicial district in an action or proceeding arising

14 under this Act may apply to any other judicial dis15 trict.

16 SEC. 14. PREEMPTION.

17 (a) IN GENERAL.—Except as provided in subsection

18 (b), no State or political subdivision of a State may regu19 late any article, means of conveyance, plant, biological

20 control organism, plant pest, noxious weed, or plant prod21 uct in foreign commerce to control a plant pest or noxious

22 weed, eradicate a plant pest or noxious weed, or prevent

23 the introduction or dissemination of a biological control

24 organism, plant pest, or noxious weed.
37

•S 83 IS

1 (b) STATE NOXIOUS WEED LAWS.—This Act shall

2 not invalidate the law of any State or political subdivision

3 of a State relating to noxious weeds, except that a State

4 or political subdivision of a State may not permit any ac5 tion that is prohibited under this Act.

6 SEC. 15. REGULATIONS AND ORDERS.

7 The Secretary may issue such regulations and orders

8 as the Secretary considers necessary to carry out this Act,

9 including (at the option of the Secretary) regulations and

10 orders relating to—

11 (1) notification of arrival of plants, plant prod12 ucts, biological control organisms, plant pests, nox13 ious weeds, articles, or means of conveyance;

14 (2) prohibition or restriction of or on the impor15 tation, entry, exportation, or movement in interstate

16 commerce of plants, plant products, biological con17 trol organisms, plant pests, noxious weeds, articles,

18 or means of conveyance;

19 (3) holding, seizure of, quarantine of, treatment

20 of, application of remedial measures to, destruction

21 of, or disposal of plants, plant products, biological

22 control organisms, plant pests, noxious weeds, arti23 cles, premises, or means of conveyance;

24 (4) in the case of an extraordinary emergency,

25 prohibition or restriction on the movement of plants,
38

•S 83 IS

1 plant products, biological control organisms, plant

2 pests, noxious weeds, articles, or means of convey3 ance;

4 (5) payment of compensation;

5 (6) cooperation with other Federal agencies,

6 States, political subdivisions of States, national gov7 ernments, local governments of other countries,

8 international organizations, international associa9 tions, and other persons, entities, and individuals;

10 (7) transfer of biological control methods for

11 plant pests or noxious weeds;

12 (8) negotiation and execution of agreements;

13 (9) acquisition and maintenance of real and

14 personal property;

15 (10) issuance of letters of warning;

16 (11) compilation of information;

17 (12) conduct of investigations;

18 (13) transfer of funds for emergencies;

19 (14) approval of facilities and means of convey20 ance;

21 (15) denial of approval of facilities and means

22 of conveyance;

23 (16) suspension and revocation of approval of

24 facilities and means of conveyance;

25 (17) inspection, testing, and certification;
39

•S 83 IS

1 (18) cleaning and disinfection;

2 (19) designation of ports of entry;

3 (20) imposition and collection of fees, penalties,

4 and interest;

5 (21) recordkeeping, marking, and identification;

6 (22) issuance of permits and phytosanitary cer7 tificates;

8 (23) establishment of quarantines, post-impor9 tation conditions, and post-entry quarantine condi10 tions;

11 (24) establishment of conditions for transit

12 movement through the United States; and

13 (25) treatment of land for the prevention, sup14 pression, or control of plant pests or noxious weeds.

15 SEC. 16. AUTHORIZATION OF APPROPRIATIONS; TRANS16 FERS.

17 (a) AUTHORIZATION OF APPROPRIATIONS.—

18 (1) IN GENERAL.—There are authorized to be

19 appropriated such sums as are necessary to carry

20 out this Act.

21 (2) INDEMNITIES.—Except as specifically au22 thorized by law, no part of the money made available

23 under paragraph (1) shall be used to pay an indem24 nity for property injured or destroyed by or at the

25 direction of the Secretary.
40

•S 83 IS

1 (b) TRANSFERS.—

2 (1) IN GENERAL.—In connection with an emer3 gency in which a plant pest or noxious weeds threat4 ens any segment of the agricultural production of

5 the United States, the Secretary may transfer (from

6 other appropriations or funds available to an agency

7 or corporation of the Department of Agriculture)

8 such funds as the Secretary considers necessary for

9 the arrest, control, eradication, and prevention of

10 the spread of the plant pest or noxious weed and for

11 related expenses.

12 (2) AVAILABILITY.—Any funds transferred

13 under this subsection shall remain available to carry

14 out paragraph (1) without fiscal year limitation.

15 SEC. 17. REPEALS.

16 The following provisions of law are repealed:

17 (1) Public Law 97–46 (7 U.S.C. 147b).

18 (2) The Joint Resolution of April 6, 1937 (50

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

20 (3) Section 1773 of the Food Security Act of

21 1985 (7 U.S.C. 148f).

22 (4) The Act of January 31, 1942 (56 Stat. 40,

23 chapter 31; 7 U.S.C. 149).

24 (5) The Golden Nematode Act (7 U.S.C. 150 et

25 seq.).
41

•S 83 IS

1 (6) The Federal Plant Pest Act (7 U.S.C.

2 150aa et seq.).

3 (7) The Act of August 20, 1912 (commonly

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

5 315, chapter 308; 7 U.S.C. 151 et seq.).

6 (8) The Halogeton Glomeratus Control Act (7

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

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

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

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

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

12 the Act (Public Law 93–629; 7 U.S.C. 2801 note)

13 and section 15 of the Act (7 U.S.C. 2814).

Æ