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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 910 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                 S. 910

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

                             April 29, 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Noxious Weed 
Coordination and Plant Protection Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
                       TITLE I--PLANT PROTECTION

Sec. 101. Regulation of movement of plant pests.
Sec. 102. Regulation of movement of plants, plant products, biological 
                            control organisms, 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 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 handlers.
Sec. 305. Preemption.
Sec. 306. Regulations and orders.
Sec. 307. Repeal of superseded laws.
                     TITLE IV--FEDERAL COORDINATION

Sec. 401. Definitions.
Sec. 402. Invasive Species Council.
Sec. 403. Advisory committee.
Sec. 404. Invasive Species Action Plan.
                TITLE V--AUTHORIZATION OF APPROPRIATIONS

Sec. 501. Authorization of appropriations.
Sec. 502. Transfer authority.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the detection, control, eradication, suppression, 
        prevention, and retardation of the spread of plant pests and 
        noxious weeds is necessary for the protection of the 
        agriculture, environment, and economy of the United States;
            (2) biological control--
                    (A) is often a desirable, low-risk means of ridding 
                crops and other plants of plant pests and noxious 
                weeds; and
                    (B) should be facilitated by the Secretary of 
                Agriculture, Federal agencies, and States, whenever 
                feasible;
            (3) the smooth movement of enterable plants, plant 
        products, certain biological control organisms, or other 
        articles into, out of, or within the United States is vital to 
        the economy of the United States and should be facilitated to 
        the extent practicable;
            (4) markets could be severely impacted by the introduction 
        or spread of plant pests or noxious weeds into or within the 
        United States;
            (5) the unregulated movement of plants, plant products, 
        biological control organisms, plant pests, noxious weeds, and 
        articles capable of harboring plant pests or noxious weeds 
        would present an unacceptable risk of introducing or spreading 
        plant pests or noxious weeds;
            (6) the existence on any premises in the United States of a 
        plant pest or noxious weed new to or not known to be widely 
        prevalent in or distributed within and throughout the United 
        States could threaten crops, other plants, and plant products 
        of the United States and burden interstate commerce or foreign 
        commerce; and
            (7) all plants, plant products, biological control 
        organisms, plant pests, noxious weeds, or articles capable of 
        harboring plant pests or noxious weeds regulated under this Act 
        are in or affect interstate commerce or foreign commerce.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Article.--The term ``article'' means a material or 
        tangible object that could harbor a plant pest or noxious weed.
            (2) Biological control organism.--The term ``biological 
        control organism'' means an enemy, antagonist, or competitor 
        organism used to control a plant pest or noxious weed.
            (3) Enter.--The term ``enter'' means to move into the 
        commerce of the United States.
            (4) Entry.--The term ``entry'' means the act of movement 
        into the commerce of the United States.
            (5) Export.--The term ``export'' means to move from the 
        United States to any place outside the United States.
            (6) Exportation.--The term ``exportation'' means the act of 
        movement from the United States to any place outside the United 
        States.
            (7) Import.--The term ``import'' means to move into the 
        territorial limits of the United States.
            (8) Importation.--The term ``importation'' means the act of 
        movement into the territorial limits of the United States.
            (9) Interstate.--The term ``interstate'' means--
                    (A) from 1 State into or through any other State; 
                or
                    (B) within the District of Columbia, Guam, the 
                Virgin Islands of the United States, or any other 
                territory or possession of the United States.
            (10) Interstate commerce.--The term ``interstate commerce'' 
        means trade, traffic, movement, or other commerce--
                    (A) between a place in a State and a point in 
                another State;
                    (B) between points within the same State but 
                through any place outside the State; or
                    (C) within the District of Columbia, Guam, the 
                Virgin Islands of the United States, or any other 
                territory or possession of the United States.
            (11) Means of conveyance.--The term ``means of conveyance'' 
        means any personal property that could harbor a pest, disease, 
        or noxious weed and that is used for or intended for use for 
        the movement of any other personal property.
            (12) Move.--The term ``move'' means to--
                    (A) carry, enter, import, mail, ship, or transport;
                    (B) aid, abet, cause, or induce the carrying, 
                entering, importing, mailing, shipping, or 
                transporting;
                    (C) offer to carry, enter, import, mail, ship, or 
                transport;
                    (D) receive to carry, enter, import, mail, ship, or 
                transport;
                    (E) release into the environment; or
                    (F) allow an agent to participate in any of the 
                activities referred to in this paragraph.
            (13) Movement.--The term ``move'' means the act of--
                    (A) carrying, entering, importing, mailing, 
                shipping, or transporting;
                    (B) aiding, abetting, causing, or inducing the 
                carrying, entering, importing, mailing, shipping, or 
                transporting;
                    (C) offering to carry, enter, import, mail, ship, 
                or transport;
                    (D) receiving to carry, enter, import, mail, ship, 
                or transport;
                    (E) releasing into the environment; or
                    (F) allowing an agent to participate in any of the 
                activities referred to in this paragraph.
            (14) Noxious weed.--The term ``noxious weed'' means a plant 
        or plant product that has the potential to directly or 
        indirectly injure or cause damage to a plant or plant product 
        through injury or damage to a crop (including nursery stock or 
        a plant product), livestock, poultry, or other interest of 
        agriculture (including irrigation), navigation, natural 
        resources of the United States, public health, or the 
        environment.
            (15) Permit.--The term ``permit'' means a written 
        (including electronic) or oral authorization by the Secretary 
        to move a plant, plant product, biological control organism, 
        plant pest, noxious weed, article, or means of conveyance under 
        conditions prescribed by the Secretary.
            (16) Person.--The term ``person'' means an individual, 
        partnership, corporation, association, joint venture, or other 
        legal entity.
            (17) Plant.--The term ``plant'' means a plant (including a 
        plant part) for or capable of propagation (including a tree, 
        tissue culture, plantlet culture, pollen, shrub, vine, cutting, 
        graft, scion, bud, bulb, root, and seed).
            (18) Plant pest.--The term ``plant pest'' means--
                    (A) a living stage of a protozoan, invertebrate 
                animal, parasitic plant, bacteria, fungus, virus, 
                viroid, infection agent, or pathogen that has the 
                potential to directly or indirectly injure or cause 
                damage to, or cause disease in, a plant or plant 
                product; or
                    (B) an article that is similar to or allied with an 
                article referred to in subparagraph (A).
            (19) Plant product.--The term ``plant product'' means--
                    (A) a flower, fruit, vegetable, root, bulb, seed, 
                or other plant part that is not covered by paragraph 
                (17); and
                    (B) a manufactured or processed plant or plant 
                part.
            (20) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (21) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States.
            (22) United states.--The term ``United States'', when used 
        in a geographical sense, means all of the States.

                       TITLE I--PLANT PROTECTION

SEC. 101. REGULATION OF MOVEMENT OF PLANT PESTS.

    (a) Prohibition of Unauthorized Movement of Plant Pests.--Except as 
provided in subsection (b), no person shall import, enter, export, or 
move in interstate commerce a plant pest, unless the importation, 
entry, exportation, or movement is authorized under general or specific 
permit and is in accordance with such regulations as the Secretary may 
promulgate to prevent the introduction of plant pests into the United 
States or the dissemination of plant pests within the United States.
    (b) Authorization of Movement of Plant Pests by Regulation.--
            (1) Exception to permit requirement.--The Secretary may 
        promulgate regulations to allow the importation, entry, 
        exportation, or movement in interstate commerce of specified 
        plant pests without further restriction if the Secretary finds 
        that a permit under subsection (a) is not necessary.
            (2) Petition to add or remove plant pests from 
        regulation.--A person may petition the Secretary to add a plant 
        pest to, or remove a plant pest from, the regulations 
        promulgated under paragraph (1).
            (3) Response to petition by the secretary.--In the case of 
        a petition submitted under paragraph (2), the Secretary shall--
                    (A) act on the petition within a reasonable time; 
                and
                    (B) notify the petitioner of the final action the 
                Secretary takes on the petition.
            (4) Basis for determination.--The determination of the 
        Secretary on the petition shall be based on sound science.
    (c) Prohibition of Unauthorized Mailing of Plant Pests.--
            (1) In general.--Subject to section 304, a letter, parcel, 
        box, or other package containing a plant pest, whether or not 
        sealed as letter-rate postal matter, is nonmailable and shall 
        not knowingly be conveyed in the mail or delivered from any 
        post office or by any mail carrier, unless the package is 
        mailed in compliance with such regulations as the Secretary may 
        promulgate to prevent the dissemination of plant pests into the 
        United States or interstate.
            (2) Application of postal laws.--Nothing in this subsection 
        authorizes a person to open a mailed letter or other mailed 
        sealed matter except in accordance with the postal laws 
        (including regulations).
    (d) Regulations.--Regulations promulgated by the Secretary to 
implement subsections (a), (b), or (c) may include provisions requiring 
that a plant pest imported, entered, to be exported, moved in 
interstate commerce, mailed, or delivered from a post office--
            (1) be accompanied by a permit issued by the Secretary 
        before the importation, entry, exportation, movement in 
        interstate commerce, mailing, or delivery of the plant pest;
            (2) be accompanied by a certificate of inspection issued 
        (in a manner and form required by the Secretary) by appropriate 
        officials of the country or State from which the plant pest is 
        to be moved;
            (3) be raised under post-entry quarantine conditions by or 
        under the supervision of the Secretary for the purposes of 
        determining whether the plant pest may be infested with other 
        plant pests, may pose a significant risk of causing injury to, 
        damage to, or disease in a plant or plant product, or may be a 
        noxious weed; and
            (4) be subject to such remedial measures as the Secretary 
        determines are necessary to prevent the dissemination of plant 
        pests.

SEC. 102. REGULATION OF MOVEMENT OF PLANTS, PLANT PRODUCTS, BIOLOGICAL 
              CONTROL ORGANISMS, NOXIOUS WEEDS, ARTICLES, AND MEANS OF 
              CONVEYANCE.

    (a) In General.--The Secretary may prohibit or restrict the 
importation, entry, exportation, or movement in interstate commerce of 
a plant, plant product, biological control organism, noxious weed, 
article, or means of conveyance, if the Secretary determines that the 
prohibition or restriction is necessary to prevent the introduction 
into the United States or the dissemination of a plant pest or noxious 
weed within the United States.
    (b) Regulations.--The Secretary may promulgate regulations to carry 
out this section, including regulations requiring that a plant, plant 
product, biological control organism, noxious weed, article, or means 
of conveyance imported, entered, to be exported, or moved in interstate 
commerce--
            (1) be accompanied by a permit issued by the Secretary 
        prior to the importation, entry, exportation, or movement in 
        interstate commerce;
            (2) be accompanied by a certificate of inspection issued 
        (in a manner and form required by the Secretary) by appropriate 
        officials of the country or State from which the plant, plant 
        product, biological control organism, noxious weed, article, or 
        means of conveyance is to be moved;
            (3) be subject to remedial measures the Secretary 
        determines to be necessary to prevent the spread of plant pests 
        or noxious weeds; and
            (4) in the case of a plant or biological control organism, 
        be grown or handled under post-entry quarantine conditions by 
        or under the supervision of the Secretary for the purpose of 
        determining whether the plant or biological control organism 
        may be infested with a plant pest or noxious weed, or may be a 
        plant pest or noxious weed.
    (c) List of Restricted Noxious Weeds.--
            (1) Publication.--The Secretary may publish, by regulation, 
        a list of noxious weeds that are prohibited or restricted from 
        entering the United States or that are subject to restrictions 
        on interstate movement within the United States.
            (2) Petitions to add plant species to or remove plant 
        species from list.--
                    (A) In general.--A person may petition the 
                Secretary to add a plant species to, or remove a plant 
                species from, the list authorized under paragraph (1).
                    (B) Action on petition.--The Secretary shall--
                            (i) act on the petition within a reasonable 
                        time; and
                            (ii) notify the petitioner of the final 
                        action the Secretary takes on the petition.
                    (C) Basis for determination.--The determination of 
                the Secretary on the petition shall be based on sound 
                science.
    (d) List of Biological Control Organisms.--
            (1) Publication.--The Secretary may publish, by regulation, 
        a list of biological control organisms the movement of which in 
        interstate commerce is not prohibited or restricted.
            (2) Distinctions.--In publishing the list, the Secretary 
        may take into account distinctions between biological control 
        organisms, such as whether the organisms are indigenous, 
        nonindigenous, newly introduced, or commercially raised.
            (3) Petitions to add biological control organisms to or 
        remove biological control organisms from list.--
                    (A) In general.--A person may petition the 
                Secretary to add a biological control organism to, or 
                remove a biological control organism from, the list 
                authorized under paragraph (1).
                    (B) Action on petition.--The Secretary shall--
                            (i) act on the petition within a reasonable 
                        time; and
                            (ii) notify the petitioner of the final 
                        action the Secretary takes on the petition.
                    (C) Basis for determination.--The determination of 
                the Secretary on the petition shall be based on sound 
                science.

SEC. 103. NOTIFICATION AND HOLDING REQUIREMENTS ON ARRIVAL.

    (a) Duty of Secretary of the Treasury.--
            (1) Notification.--The Secretary of the Treasury shall 
        promptly notify the Secretary of Agriculture of the arrival of 
        a plant, plant product, biological control organism, plant 
        pest, or noxious weed at a port of entry.
            (2) Holding.--The Secretary of the Treasury shall hold a 
        plant, plant product, biological control organism, plant pest, 
        or noxious weed, for which notification is made under paragraph 
        (1) at the port of entry until the plant, plant product, 
        biological control organism, plant pest, or noxious weed is--
                    (A) inspected and authorized by the Secretary of 
                Agriculture for entry into or movement through the 
                United States; or
                    (B) otherwise released by the Secretary of 
                Agriculture.
            (3) Exceptions.--Paragraphs (1) and (2) shall not apply to 
        a plant, plant product, biological control organism, plant 
        pest, or noxious weed that is imported from a country or region 
        of a country designated by the Secretary of Agriculture, by 
        regulation, as exempt from the requirements of those 
        paragraphs.
    (b) Notification by Responsible Person.--The person responsible for 
a plant, plant product, biological control organism, plant pest, 
noxious weed, article, or means of conveyance required to have a permit 
under section 101 or 102 shall, as soon as practicable on arrival at 
the port of entry and before the plant, plant product, biological 
control organism, plant pest, noxious weed, article, or means of 
conveyance is moved from the port of entry, notify the Secretary of 
Agriculture or, at the Secretary of Agriculture's direction, the proper 
official of the State to which the plant, plant product, biological 
control organism, plant pest, noxious weed, article, or means of 
conveyance is destined, or both, as the Secretary of Agriculture may 
prescribe, of--
            (1) the name and address of the consignee;
            (2) the nature and quantity of the plant, plant product, 
        biological control organism, plant pest, noxious weed, article, 
        or means of conveyance proposed to be moved; and
            (3) the country and locality where the plant, plant 
        product, biological control organism, plant pest, noxious weed, 
        article, or means of conveyance was grown, produced, or 
        located.
    (c) Prohibition of Movement of Items Without Inspection and 
Authorization.--No person shall move from a port of entry or interstate 
an imported plant, plant product, biological control organism, plant 
pest, noxious weed, article, or means of conveyance unless the imported 
plant, plant product, biological control organism, plant pest, noxious 
weed, article, or means of conveyance has been--
            (1) inspected and authorized by the Secretary of 
        Agriculture for entry into or movement through the United 
        States; or
            (2) otherwise released by the Secretary of Agriculture.

SEC. 104. GENERAL REMEDIAL MEASURES FOR NEW PLANT PESTS AND NOXIOUS 
              WEEDS.

    (a) Authority To Hold, Treat, or Destroy Items.--If the Secretary 
considers it necessary to prevent the dissemination of a plant pest or 
noxious weed that is new to or not known to be widely prevalent or 
distributed within and throughout the United States, the Secretary may 
hold, seize, quarantine, treat, apply other remedial measures to, 
destroy, or otherwise dispose of a plant, plant product, biological 
control organism, plant pest, noxious weed, article, or means of 
conveyance that--
            (1)(A) is moving into or through the United States or 
        interstate, or has moved into or through the United States or 
        interstate; and
            (B)(i) the Secretary has reason to believe is a plant pest 
        or noxious weed or is infested with a plant pest or noxious 
        weed at the time of the movement; or
            (ii) is or has been otherwise in violation of this Act;
            (2) has not been maintained in compliance with a post-entry 
        quarantine requirement; or
            (3) is the progeny of a plant, plant product, biological 
        control organism, plant pest, or noxious weed that is moving 
        into or through the United States or interstate, or has moved 
        into the United States or interstate, in violation of this Act.
    (b) Authority To Order an Owner To Treat or Destroy.--
            (1) In general.--The Secretary may order the owner of a 
        plant, plant product, biological control organism, plant pest, 
        noxious weed, article, or means of conveyance subject to action 
        under subsection (a), or the owner's agent, to treat, apply 
        other remedial measures to, destroy, or otherwise dispose of 
        the plant, plant product, biological control organism, plant 
        pest, noxious weed, article, or means of conveyance, without 
        cost to the Federal Government and in a manner the Secretary 
        considers appropriate.
            (2) Failure to comply.--If the owner or agent of the owner 
        fails to comply with an order of the Secretary under paragraph 
        (1), the Secretary may take an action authorized by subsection 
        (a) and recover from the owner or agent of the owner the costs 
        of any care, handling, application of remedial measures, or 
        disposal incurred by the Secretary in connection with actions 
        taken under subsection (a).
    (c) Classification System.--
            (1) In general.--To facilitate control of noxious weeds, 
        the Secretary may develop a classification system to describe 
        the status and action levels for noxious weeds.
            (2) Categories.--The classification system may include the 
        geographic distribution, relative threat, and actions initiated 
        to prevent introduction or distribution.
            (3) Management plans.--In conjunction with the 
        classification system, the Secretary may develop integrated 
        management plans for noxious weeds for the geographic region or 
        ecological range where the noxious weed is found in the United 
        States.
    (d) Application of Least Drastic Action.--No plant, plant product, 
biological control organism, plant pest, noxious weed, article, or 
means of conveyance shall be destroyed, exported, or returned to the 
shipping point of origin, or ordered to be destroyed, exported, or 
returned to the shipping point of origin under this section unless, in 
the opinion of the Secretary, there is no less drastic action that is 
feasible and that would be adequate to prevent the dissemination of any 
plant pest or noxious weed new to or not known to be widely prevalent 
or distributed within and throughout the United States.

SEC. 105. EXTRAORDINARY EMERGENCIES.

    (a) Authority To Declare.--Subject to subsection (b), if the 
Secretary determines that an extraordinary emergency exists because of 
the presence of a plant pest or noxious weed that is new to or not 
known to be widely prevalent in or distributed within and throughout 
the United States and that the presence of the plant pest or noxious 
weed threatens plants or plant products of the United States, the 
Secretary may--
            (1) hold, seize, quarantine, treat, apply other remedial 
        measures to, destroy, or otherwise dispose of, a plant, plant 
        product, biological control organism, article, or means of 
        conveyance that the Secretary has reason to believe is infested 
        with the plant pest or noxious weed;
            (2) quarantine, treat, or apply other remedial measures to 
        any premises, including a plant, plant product, biological 
        control organism, article, or means of conveyance on the 
        premises, that the Secretary has reason to believe is infested 
        with the plant pest or noxious weed;
            (3) quarantine a State or portion of a State in which the 
        Secretary finds the plant pest or noxious weed or a plant, 
        plant product, biological control organism, article, or means 
        of conveyance that the Secretary has reason to believe is 
        infested with the plant pest or noxious weed; or
            (4) prohibit or restrict the movement within a State of a 
        plant, plant product, biological control organism, article, or 
        means of conveyance if the Secretary determines that the 
        prohibition or restriction is necessary to prevent the 
        dissemination of the plant pest or noxious weed or to eradicate 
        the plant pest or noxious weed.
    (b) Required Finding of Emergency.--The Secretary may take action 
under this section only on finding, after review and consultation with 
the Governor or other appropriate official of the State affected, that 
the measures being taken by the State are inadequate to prevent the 
dissemination of the plant pest or noxious weed or to eradicate the 
plant pest or noxious weed.
    (c) Notification Procedures.--
            (1) In general.--Before any action is taken in a State 
        under this section, the Secretary shall--
                    (A) notify the Governor or another appropriate 
                official of the State;
                    (B) issue a public announcement; and
                    (C) except as provided in paragraph (2), publish in 
                the Federal Register a statement of--
                            (i) the findings of the Secretary;
                            (ii) the action the Secretary intends to 
                        take;
                            (iii) the reason for the intended action; 
                        and
                            (iv) if practicable, an estimate of the 
                        anticipated duration of the extraordinary 
                        emergency.
            (2) Time sensitive actions.--If it is not practicable to 
        publish a statement in the Federal Register under paragraph (1) 
        before taking an action under this section, the Secretary shall 
        publish the statement in the Federal Register within a 
        reasonable period of time, not to exceed 10 business days, 
        after commencement of the action.
    (d) Application of Least Drastic Action.--No plant, plant product, 
biological control organism, plant pest, noxious weed, article, or 
means of conveyance shall be destroyed, exported, or returned to the 
shipping point of origin, or ordered to be destroyed, exported, or 
returned to the shipping point of origin under this section unless, in 
the opinion of the Secretary, there is no less drastic action that is 
feasible and that would be adequate to prevent the dissemination of a 
plant pest or noxious weed new to or not known to be widely prevalent 
or distributed within and throughout the United States.
    (e) Payment of Compensation.--
            (1) In general.--The Secretary may pay compensation to a 
        person for economic losses incurred by the person as a result 
        of action taken by the Secretary under this section.
            (2) Amount.--The determination by the Secretary of the 
        amount of any compensation to be paid under this subsection 
        shall be final and shall not be subject to judicial review.

SEC. 106. RECOVERY OF COMPENSATION FOR UNAUTHORIZED ACTIVITIES.

    (a) Recovery Action.--The owner of a plant, plant product, 
biological control organism, plant pest, noxious weed, article, or 
means of conveyance destroyed or otherwise disposed of by the Secretary 
under section 104 or 105 may bring an action against the United States 
to recover just compensation for the destruction or disposal of the 
plant, plant product, biological control organism, plant pest, noxious 
weed, article, or means of conveyance (not including compensation for 
loss due to delays incident to determining eligibility for importation, 
entry, exportation, movement in interstate commerce, or release into 
the environment) if the owner establishes that the destruction or 
disposal was not authorized under this Act.
    (b) Time for Action; Location.--
            (1) Time for action.--An action under this section shall be 
        brought not later than 1 year after the destruction or disposal 
        of the plant, plant product, biological control mechanism, 
        plant pest, noxious weed, article, or means of conveyance 
        involved.
            (2) Location.--The action may be brought in a United States 
        District Court where the owner is found, resides, transacts 
        business, is licensed to do business, or is incorporated.
    (c) Payment of Judgments.--A judgment in favor of the owner shall 
be paid out of any money in the Treasury appropriated for plant pest 
control activities of the Department of Agriculture.

SEC. 107. CONTROL OF GRASSHOPPERS AND MORMON CRICKETS.

    (a) In General.--Subject to the availability of funds under this 
section, the Secretary of Agriculture shall carry out a program to 
control grasshoppers and Mormon Crickets on all Federal land to protect 
rangeland.
    (b) Transfer Authority.--
            (1) In general.--Subject to paragraph (3), on the request 
        of the Secretary of Agriculture, the Secretary of the Interior 
        shall transfer to the Secretary of Agriculture, from any no-
        year appropriations, funds for the prevention, suppression, and 
        control of actual or potential grasshopper and Mormon Cricket 
        outbreaks on Federal land under the jurisdiction of the 
        Secretary of the Interior.
            (2) Use.--The transferred funds shall be available only for 
        the payment of obligations incurred on the Federal land.
            (3) Transfer requests.--The Secretary of Agriculture shall 
        make a request for the transfer of funds under this subsection 
        as promptly as practicable.
            (4) Limitation.--The Secretary of Agriculture may not use 
        funds transferred under this subsection until funds 
        specifically appropriated to the Secretary of Agriculture for 
        grasshopper and Mormon Cricket control have been exhausted.
            (5) Replenishment of transferred funds.--Funds transferred 
        under this section shall be replenished by supplemental or 
        regular appropriations, which the Secretary of Agriculture 
        shall request as promptly as practicable.
    (c) Treatment for Grasshoppers and Mormon Crickets.--
            (1) In general.--Subject to the availability of funds under 
        this section, on request of the head of the administering 
        agency or the agriculture department of an affected State, the 
        Secretary of Agriculture, to protect rangeland, shall 
        immediately treat Federal, State, or private land that is 
        infested with grasshoppers or Mormon Crickets at levels of 
        economic infestation, unless the Secretary of Agriculture 
        determines that delaying treatment will not cause greater 
        economic damage to adjacent owners of rangeland.
            (2) Other programs.--In carrying out this section, the 
        Secretary of Agriculture shall work in conjunction with other 
        Federal, State, and private prevention, control, or suppression 
        efforts to protect rangeland.
    (d) Federal Cost Share of Treatment.--
            (1) Control on federal land.--Out of funds made available 
        under this section, the Secretary of Agriculture shall pay 100 
        percent of the cost of grasshopper or Mormon Cricket control on 
        Federal land to protect rangeland.
            (2) Control on state land.--Out of funds made available 
        under this section, the Secretary of Agriculture shall pay 50 
        percent of the cost of grasshopper or Mormon Cricket control on 
        State land.
            (3) Control on private land.--Out of funds made available 
        under this section, the Secretary of Agriculture shall pay 33.3 
        percent of the cost of grasshopper or Mormon Cricket control on 
        private land.
    (e) Training.--From funds made available or transferred by the 
Secretary of the Interior to the Secretary of Agriculture to carry out 
this section, the Secretary of Agriculture shall provide adequate 
funding for a program to train personnel to accomplish effectively the 
purposes of this section.

SEC. 108. CERTIFICATION FOR EXPORTS.

    The Secretary may certify a plant, plant product, or biological 
control organism as free from plant pests and noxious weeds, and 
exposure to plant pests and noxious weeds, according to the 
phytosanitary or other requirements of the countries to which the 
plant, plant product, or biological control organism may be exported.

                  TITLE II--INSPECTION AND ENFORCEMENT

SEC. 201. INSPECTIONS AND WARRANTS.

    (a) In General.--Consistent with guidelines approved by the 
Attorney General, the Secretary may--
            (1) stop and inspect, without a warrant, a person or means 
        of conveyance moving into the United States to determine 
        whether the person or means of conveyance is carrying a plant, 
        plant product, biological control organism, plant pest, noxious 
        weed, article, or means of conveyance subject to this Act;
            (2) stop and inspect, without a warrant, a person or means 
        of conveyance moving in interstate commerce on probable cause 
        to believe that the person or means of conveyance is carrying a 
        plant, plant product, biological control organism, plant pest, 
        noxious weed, article, or means of conveyance subject to this 
        Act;
            (3) stop and inspect, without a warrant, a person or means 
        of conveyance moving in intrastate commerce or on premises 
        quarantined as part of an extraordinary emergency declared 
        under section 105 on probable cause to believe that the person 
        or means of conveyance is carrying a plant, plant product, 
        biological control organism, plant pest, noxious weed, article, 
        or means of conveyance subject to this Act; and
            (4) enter, with a warrant, a premises in the United States 
        for the purpose of conducting investigations or making 
        inspections under this Act.
    (b) Warrants.--
            (1) In general.--A United States judge, a judge of a court 
        of record in the United States, or a United States magistrate 
        judge may, on proper oath or affirmation showing probable cause 
        to believe that there is on certain premises a plant, plant 
        product, biological control organism, plant pest, noxious weed, 
        article, or means of conveyance regulated under this Act, issue 
        a warrant for entry on the premises to conduct an investigation 
        or make an inspection under this Act.
            (2) Execution.--The warrant may be applied for and executed 
        by the Secretary or a United States marshal.

SEC. 202. COLLECTION OF INFORMATION.

    The Secretary may gather and compile information and conduct such 
investigations as the Secretary considers necessary for the 
administration and enforcement of this Act.

SEC. 203. SUBPOENA AUTHORITY.

    (a) Authority To Issue.--The Secretary may require by subpoena--
            (1) the attendance and testimony of a witness; and
            (2) the production of all documentary evidence relating to 
        the administration or enforcement of this Act or a matter under 
        investigation in connection with this Act.
    (b) Location of Production.--The attendance of a witness and 
production of documentary evidence may be required from any place in 
the United States at any designated place of hearing.
    (c) Enforcement of Subpoena.--If a person fails to comply with a 
subpoena, the Secretary may request the Attorney General to invoke the 
aid of a court of the United States within the jurisdiction in which 
the investigation is conducted, or where the person resides, is found, 
transacts business, is licensed to do business, or is incorporated, in 
obtaining compliance.
    (d) Fees and Mileage.--
            (1) In general.--A witness summoned by the Secretary shall 
        be paid the same fees and mileage that are paid to a witness in 
        a court of the United States.
            (2) Depositions.--A witness whose deposition is taken, and 
        the person taking the deposition, shall be entitled to the same 
        fees that are paid for similar services in a court of the 
        United States.
    (e) Procedures.--
            (1) In general.--The Secretary shall publish procedures for 
        the issuance of subpoenas under this section.
            (2) Legal sufficiency.--The procedures shall include a 
        requirement that a subpoena be reviewed for legal sufficiency 
        and signed by the Secretary.
            (3) Delegation.--If the authority to sign a subpoena is 
        delegated, the agency receiving the delegation shall seek 
        review for legal sufficiency outside that agency.
    (f) Scope of Subpoena.--A subpoena for a witness to attend a court 
in a judicial district or to testify or produce evidence at an 
administrative hearing in a judicial district in an action or 
proceeding arising under this Act may run to any other judicial 
district.

SEC. 204. PENALTIES FOR VIOLATION.

    (a) Criminal Penalties.--A person that knowingly violates this Act, 
or that knowingly forges, counterfeits, or, without authority from the 
Secretary, uses, alters, defaces, or destroys a certificate, permit, or 
other document provided under this Act shall be guilty of a 
misdemeanor, and, on conviction, shall be fined in accordance with 
title 18, United States Code, imprisoned not more than 1 year, or both.
    (b) Civil Penalties.--
            (1) In general.--A person that violates this Act, or that 
        forges, counterfeits, or, without authority from the Secretary, 
        uses, alters, defaces, or destroys a certificate, permit, or 
        other document provided under this Act may, after notice and 
        opportunity for a hearing on the record, be assessed a civil 
        penalty by the Secretary that does not exceed the greater of--
                    (A) $50,000 in the case of an individual (except 
                that the civil penalty may not exceed $1,000 in the 
                case of an initial violation of this Act by an 
                individual moving regulated articles not for monetary 
                gain), or $250,000 in the case of any other person for 
                each violation, except the amount of penalties assessed 
                under this subparagraph in a single proceeding shall 
                not exceed $500,000; or
                    (B) twice the gross gain or gross loss for a 
                violation or forgery, counterfeiting, or unauthorized 
                use, defacing or destruction of a certificate, permit, 
                or other document provided for in this Act that results 
                in the person's deriving pecuniary gain or causing 
                pecuniary loss to another person.
            (2) Factors in determining civil penalty.--In determining 
        the amount of a civil penalty, the Secretary--
                    (A) shall take into account the nature, 
                circumstance, extent, and gravity of the violation; and
                    (B) may take into account the ability to pay, the 
                effect on ability to continue to do business, any 
                history of prior violations, the degree of culpability 
                of the violator, and any other factors the Secretary 
                considers appropriate.
            (3) Settlement of civil penalties.--The Secretary may 
        compromise, modify, or remit, with or without conditions, a 
        civil penalty that may be assessed under this subsection.
            (4) Finality of orders.--
                    (A) In general.--An order of the Secretary 
                assessing a civil penalty shall be treated as a final 
                order reviewable under chapter 158 of title 28, United 
                States Code.
                    (B) Collection action.--The validity of an order of 
                the Secretary may not be reviewed in an action to 
                collect the civil penalty.
                    (C) Interest.--A civil penalty not paid in full 
                when due under an order assessing the civil penalty 
                shall (after the due date) accrue interest until paid 
                at the rate of interest applicable to a civil judgment 
                of the courts of the United States.
    (c) Liability for Acts of an Agent.--For purposes of this Act, the 
act, omission, or failure of an officer, agent, or person acting for or 
employed by any other person within the scope of employment or office 
of the officer, agent, or person, shall be considered to be the act, 
omission, or failure of the other person.
    (d) Guidelines for Civil Penalties.--The Secretary shall coordinate 
with the Attorney General to establish guidelines to determine under 
what circumstances the Secretary may issue a civil penalty or suitable 
notice of warning in lieu of prosecution by the Attorney General of a 
violation of this Act.

SEC. 205. ENFORCEMENT ACTIONS OF ATTORNEY GENERAL.

    The Attorney General may--
            (1) prosecute, in the name of the United States, a criminal 
        violation of this Act that is referred to the Attorney General 
        by the Secretary or is brought to the notice of the Attorney 
        General by any person;
            (2) bring a civil action to enjoin the violation of or to 
        compel compliance with this Act, or to enjoin any interference 
        by a person with the Secretary in carrying out this Act, if the 
        Attorney General has reason to believe that the person has 
        violated or is about to violate this Act, or has interfered, or 
        is about to interfere, with the Secretary; and
            (3) bring a civil action for the recovery of an unpaid 
        civil penalty, funds under a reimbursable agreement, late 
        payment penalty, or interest assessed under this Act.

SEC. 206. COURT JURISDICTION.

    (a) In General.--Except as provided in section 204(b), a United 
States district court, the District Court of Guam, the District Court 
of the Virgin Islands, the highest court of American Samoa, and the 
United States courts of other territories and possessions are vested 
with jurisdiction in all cases arising under this Act.
    (b) Location.--An action arising under this Act may be brought, and 
process may be served, in the judicial district where--
            (1) a violation or interference occurred or is about to 
        occur; or
            (2) the person charged with the violation, interference, 
        impending violation, impending interference, or failure to pay 
        resides, is found, transacts business, is licensed to do 
        business, or is incorporated.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. COOPERATION.

    (a) In General.--To carry out this Act, the Secretary may cooperate 
with--
            (1) other Federal agencies or entities;
            (2) States or political subdivisions of States;
            (3) national governments;
            (4) local governments of other nations;
            (5) domestic or international organizations;
            (6) domestic or international associations; and
            (7) other persons.
    (b) Responsibility.--The individual or entity cooperating with the 
Secretary shall be responsible for--
            (1) obtaining the authority necessary for conducting the 
        operations or taking measures on all land and property within 
        the foreign country or State, other than land and property 
        owned or controlled by the United States; and
            (2) other facilities and means determined by the Secretary.
    (c) Transfer of Biological Control Methods.--The Secretary may 
transfer to a Federal or State agency or other person biological 
control methods using biological control organisms against plant pests 
or noxious weeds.
    (d) Cooperation in Program Administration.--The Secretary may 
cooperate with State authorities or other persons in the administration 
of programs for the improvement of plants, plant products, and 
biological control organisms.

SEC. 302. BUILDINGS, LAND, PEOPLE, CLAIMS, AND AGREEMENTS.

    (a) In General.--The Secretary may acquire and maintain such real 
or personal property, and employ such persons, make such grants, and 
enter into such contracts, cooperative agreements, memoranda of 
understanding, or other agreements, as are necessary to carry out this 
Act.
    (b) Tort Claims.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary may pay a tort claim (in the manner authorized in the 
        first paragraph of section 2672 of title 28, United States 
        Code) if the claim arises outside the United States in 
        connection with an activity authorized under this Act.
            (2) Requirements of claim.--A claim may not be allowed 
        under paragraph (1) unless the claim is presented in writing to 
        the Secretary not later than 2 years after the claim arises.

SEC. 303. REIMBURSABLE AGREEMENTS.

    (a) Preclearance.--
            (1) In general.--The Secretary may enter into a 
        reimbursable fee agreement with a person for preclearance (at a 
        location outside the United States) of plants, plant products, 
        biological control organisms, articles, and means of conveyance 
        for movement to the United States.
            (2) Account.--All funds collected under this subsection 
        shall be credited to an account that--
                    (A) may be established by the Secretary; and
                    (B) if established, shall remain available for 
                preclearance activities until expended.
    (b) Overtime.--
            (1) In general.--Notwithstanding any other law, the 
        Secretary may pay an employee of the Department of Agriculture 
        performing services under this Act relating to imports into and 
        exports from the United States, for all overtime, night, or 
        holiday work performed by the employee, at a rate of pay 
        determined by the Secretary.
            (2) Reimbursement of secretary.--The Secretary may require 
        a person for whom the services are performed to reimburse the 
        Secretary for funds paid by the Secretary for the services.
            (3) Account.--All funds collected under this subsection 
        shall be credited to the account that incurs the costs and 
        remain available until expended.
    (c) Late Payment Penalty and Interest.--
            (1) Collection.--On failure of a person to reimburse the 
        Secretary in accordance with this section, the Secretary may 
        assess a late payment penalty against the person.
            (2) Interest.--Overdue funds due the Secretary under this 
        section shall accrue interest in accordance with section 3717 
        of title 31, United States Code.
            (3) Account.--A late payment penalty and accrued interest 
        shall be credited to the account that incurs the costs and 
        shall remain available until expended.

SEC. 304. PROTECTION FOR MAIL HANDLERS.

    This Act shall not apply to an employee of the United States in the 
performance of the duties of the employee in handling the mail.

SEC. 305. PREEMPTION.

    (a) Regulation of Foreign Commerce.--No State or political 
subdivision of a State may--
            (1) regulate in foreign commerce a plant, plant product, 
        biological control organism, plant pest, noxious weed, article, 
        or means of conveyance; or
            (2) in order to control a plant pest or noxious weed--
                    (A) eradicate a plant pest or noxious weed; or
                    (B) prevent the introduction or dissemination of a 
                biological control organism, plant pest, or noxious 
                weed.
    (b) Regulation of Interstate Commerce.--
            (1) In general.--Except as provided in paragraph (2), if 
        the Secretary has promulgated a regulation or order to prevent 
        the dissemination of a plant, plant product, biological control 
        organism, plant pest, or noxious weed within the United States, 
        no State or political subdivision of a State may--
                    (A) regulate the movement in interstate commerce of 
                the plant, plant product, biological control organism, 
                plant pest, noxious weed, article, or means of 
                conveyance; or
                    (B) in order to control the plant pest or noxious 
                weed--
                            (i) eradicate the plant pest or noxious 
                        weed; or
                            (ii) prevent the introduction or 
                        dissemination of the biological control 
                        organism, plant pest, or noxious weed.
            (2) Exceptions.--
                    (A) Regulations consistent with federal 
                regulations.--Except as provided in subparagraph (B), a 
                State or a political subdivision of a State may impose 
                a prohibition or restriction on the movement in 
                interstate commerce of plants, plant products, 
                biological control organisms, plant pests, noxious 
                weeds, articles, or means of conveyance that are 
                consistent with and do not exceed the requirements of 
                the regulations promulgated or orders issued by the 
                Secretary under this Act.
                    (B) Special local need.--A State or political 
                subdivision of a State may impose a prohibition or 
                restriction on the movement in interstate commerce of 
                plants, plant products, biological control organisms, 
                plant pests, noxious weeds, articles, or means of 
                conveyance, that are in addition to a prohibition or 
                restriction imposed by the Secretary, if the State or 
                political subdivision of a State demonstrates to the 
                Secretary and the Secretary finds that there is a 
                special need for additional prohibitions or 
                restrictions based on sound scientific data or a 
                thorough risk assessment.

SEC. 306. REGULATIONS AND ORDERS.

    The Secretary may promulgate such regulations, and issue such 
orders, as the Secretary considers necessary to carry out this Act.

SEC. 307. REPEAL OF SUPERSEDED LAWS.

    (a) Repeal.--The following provisions of law are repealed:
            (1) Subsections (a) through (e) of section 102 of the 
        Department of Agriculture Organic Act of 1944 (7 U.S.C. 147a).
            (2) Section 1773 of the Food Security Act of 1985 (7 U.S.C. 
        148f).
            (3) The Golden Nematode Act (7 U.S.C. 150 et seq.).
            (4) The Federal Plant Pest Act (7 U.S.C. 150aa et seq.).
            (5) The Joint Resolution of April 6, 1937 (56 Stat. 57, 
        chapter 69; 7 U.S.C. 148 et seq.).
            (6) The Act of January 31, 1942 (56 Stat. 40, chapter 31; 7 
        U.S.C. 149).
            (7) The Act of August 20, 1912 (commonly known as the 
        ``Plant Quarantine Act'') (37 Stat. 315, chapter 308; 7 U.S.C. 
        151 et seq.).
            (8) The Halogeton Glomeratus Control Act (7 U.S.C. 1651 et 
        seq.).
            (9) The Act of August 28, 1950 (64 Stat. 561, chapter 815; 
        7 U.S.C. 2260).
            (10) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et 
        seq.), other than the first section and section 15 of that Act 
        (7 U.S.C. 2801 note, 2814).
    (b) Effect on Regulations.--Regulations promulgated under the 
authority of a provision of law repealed by subsection (a) shall remain 
in effect until such time as the Secretary promulgates a regulation 
under section 306 that supersedes the earlier regulation.

                     TITLE IV--FEDERAL COORDINATION

SEC. 401. DEFINITIONS.

    In this title:
            (1) Action plan.--The term ``Action Plan'' means the 
        National Invasive Species Action Plan developed and submitted 
        to Congress under section 404, including any updates to the 
        Action Plan.
            (2) Alien species.--The term ``alien species'' means, with 
        respect to a particular ecosystem, any species, including its 
        seeds, eggs, spores, or other biological material capable of 
        propagating the species, that is not native to that ecosystem.
            (3) Control.--The term ``control'' means--
                    (A) the suppression, reduction, or management of 
                invasive species populations;
                    (B) the prevention of the spread of invasive 
                species from areas where the species are present; and
                    (C) the taking of measures such as the restoration 
                of native species and habitats to reduce the effects of 
                invasive species and to prevent further invasions.
            (4) Council.--The term ``Council'' means the Invasive 
        Species Council established by section 402.
            (5) Ecosystem.--The term ``ecosystem'' means the complex of 
        a community of organisms and the community's environment.
            (6) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551 of title 5, 
        United States Code, except that the term does not include an 
        independent establishment (as defined in section 104 of title 
        5, United States Code).
            (7) Introduction.--The term ``introduction'' means the 
        intentional or unintentional escape, release, dissemination, or 
        placement of a species into an ecosystem as a result of human 
        activity.
            (8) Invasive species.--The term ``invasive species'' means 
        an alien species the introduction of which causes or is likely 
        to cause economic or environmental harm or harm to human 
        health.
            (9) Native species.--The term ``native species'' means, 
        with respect to a particular ecosystem, a species that, other 
        than as a result of an introduction, historically occurred or 
        currently occurs in the ecosystem.
            (10) Species.--The term ``species'' means a group of 
        organisms all of which--
                    (A) have a high degree of physical and genetic 
                similarity;
                    (B) generally interbreed only among themselves; and
                    (C) show persistent differences from members of 
                allied groups of organisms.
            (11) Stakeholder.--The term ``stakeholder'' means an entity 
        with an interest in invasive species, including--
                    (A) a State, tribal, or local government agency;
                    (B) an academic institution;
                    (C) the scientific community; and
                    (D) a nongovernmental entity, including an 
                environmental, agricultural, or conservation 
                organization, trade group, commercial interest, or 
                private landowner.

SEC. 402. INVASIVE SPECIES COUNCIL.

    (a) Establishment.--There is established an advisory council to be 
known as the ``Invasive Species Council''.
    (b) Membership.--
            (1) In general.--The Council shall be composed of--
                    (A) the Secretary of State;
                    (B) the Secretary of the Treasury;
                    (C) the Secretary of Defense;
                    (D) the Secretary of the Interior, who shall be a 
                cochairperson of the Council;
                    (E) the Secretary of Agriculture, who shall be a 
                cochairperson of the Council;
                    (F) the Secretary of Commerce, who shall be a 
                cochairperson of the Council;
                    (G) the Secretary of Transportation;
                    (H) the Administrator of the Environmental 
                Protection Agency; and
                    (I) a representative of State government appointed 
                by the National Governors' Association.
            (2) Other federal agency representatives.--The Council 
        may--
                    (A) invite other representatives of Federal 
                agencies to serve as members of the Council, including 
                representatives from subcabinet bureaus or offices with 
                significant responsibilities concerning invasive 
                species; and
                    (B) prescribe special procedures for the 
                participation by those other representatives on the 
                Council.
    (c) Duties.--The Invasive Species Council shall--
            (1) provide national leadership regarding invasive species;
            (2) oversee the implementation of this title and make 
        recommendations designed to ensure that the activities of 
        Federal agencies concerning invasive species are coordinated, 
        complementary, cost-efficient, and effective, relying to the 
        maximum extent practicable on organizations addressing invasive 
        species, such as--
                    (A) the Aquatic Nuisance Species Task Force 
                established by section 1201 of the Nonindigenous 
                Aquatic Nuisance Prevention and Control Act of 1990 (16 
                U.S.C. 4721);
                    (B) the Federal Interagency Committee for the 
                Management of Noxious and Exotic Weeds; and
                    (C) the Committee on Environment and Natural 
                Resources of the Office of Science and Technology 
                Policy;
            (3) encourage planning and action at local, tribal, State, 
        regional, and ecosystem-based levels to achieve the goals and 
        objectives of the Action Plan, in cooperation with stakeholders 
        and organizations addressing invasive species;
            (4) develop recommendations for international cooperation 
        in addressing invasive species;
            (5) develop, in consultation with the Council on 
        Environmental Quality, guidance to Federal agencies under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) concerning prevention and control of invasive species, 
        including the procurement, use, and maintenance of native 
        species in a manner designed to affect invasive species;
            (6) facilitate development of a coordinated network among 
        Federal agencies to document, evaluate, and monitor impacts 
        from invasive species on the economy, the environment, and 
        human health;
            (7) facilitate establishment of a coordinated, up-to-date 
        information-sharing system that--
                    (A) uses, to the maximum extent practicable, the 
                Internet; and
                    (B) facilitates access to and exchange of 
                information concerning invasive species, such as--
                            (i) information on the distribution and 
                        abundance of invasive species;
                            (ii) life histories of invasive species and 
                        invasive characteristics;
                            (iii) economic, environmental, and human 
                        health impacts from invasive species;
                            (iv) techniques for management of invasive 
                        species; and
                            (v) laws and programs for management, 
                        research, and public education concerning 
                        invasive species; and
            (8) develop and submit to Congress the Action Plan.
    (d) Executive Director; Staff.--With the concurrence of the other 
cochairpersons, the Secretary of the Interior shall--
            (1) appoint an Executive Director of the Council; and
            (2) provide staff and administrative support for the 
        Council.

SEC. 403. ADVISORY COMMITTEE.

    (a) Establishment.--The Secretary of the Interior shall--
            (1) establish an advisory committee to provide information 
        and advice for consideration by the Council; and
            (2) after consultation with other members of the Council, 
        appoint members of the advisory committee to represent 
        stakeholders.
    (b) Duties.--The duties of the advisory committee shall include 
making recommendations for plans and actions at local, tribal, State, 
regional, and ecosystem-based levels to achieve the goals and 
objectives of the Action Plan.
    (c) Cooperation.--The advisory committee shall act in cooperation 
with stakeholders and organizations addressing the problem of invasive 
species.
    (d) Administrative and Financial Support.--The Secretary of the 
Interior shall provide administrative and financial support for the 
advisory committee.

SEC. 404. INVASIVE SPECIES ACTION PLAN.

    (a) In General.--Not later than 270 days after the date of 
enactment of this Act, the Council shall develop and submit to Congress 
a National Invasive Species Action Plan, which shall--
            (1) detail and recommend performance-oriented goals and 
        objectives and specific measures of success for Federal agency 
        efforts concerning invasive species;
            (2) detail and recommend measures to be taken by the 
        Council to carry out its duties under section 402; and
            (3) identify the personnel, other resources, and additional 
        levels of coordination needed to achieve the goals and 
        objectives of the Action Plan.
    (b) Public Participation and Coordination.--The Action Plan shall 
be--
            (1) developed through a public process and in consultation 
        with Federal agencies and stakeholders; and
            (2) coordinated with any State plans concerning invasive 
        species.
    (c) Special Requirements for First Action Plan.--
            (1) In general.--The first Action Plan submitted under 
        subsection (a) shall--
                    (A) include a review of existing and prospective 
                approaches and authorities for preventing the 
                introduction and spread of invasive species, including 
                approaches for--
                            (i) identifying pathways for the 
                        introduction of invasive species; and
                            (ii) minimizing the risk of introductions 
                        by means of those pathways; and
                    (B) identify research needs and recommend measures 
                to minimize the risk that introductions will occur.
            (2) Recommended processes.--The measures recommended under 
        paragraph (1)(B) shall provide for--
                    (A) a science-based process to evaluate risks 
                associated with the introduction and spread of invasive 
                species; and
                    (B) a coordinated and systematic risk-based process 
                to identify, monitor, and interdict pathways that may 
                be involved in the introduction of invasive species.
            (3) Recommendations for legislation.--If any measure 
        recommended under paragraph (1)(B) is not authorized by law in 
        effect as of the date of the recommendation, the Council shall 
        develop and submit to Congress legislative proposals for 
        necessary changes in law.
    (d) Updates and Evaluations of Action Plan.--The Council shall--
            (1) develop and submit to Congress biennial updates of the 
        Action Plan; and
            (2) concurrently evaluate and report on success in 
        achieving the goals and objectives specified in the Action 
        Plan.
    (e) Response by Federal Agencies.--Not later than 18 months after 
the date of submission to Congress of the Action Plan, each Federal 
agency that is required to implement a measure recommended under 
subsection (a)(1) or (c)(1)(B) shall--
            (1) take the recommended action; or
            (2) provide to the Council an explanation of why the action 
        is not feasible.

                TITLE V--AUTHORIZATION OF APPROPRIATIONS

SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to carry out this Act.
    (b) Compensation.--Except as provided in section 106 and as 
specifically authorized by law, no part of the amounts appropriated 
under this section shall be used to provide compensation for property 
injured or destroyed by or at the direction of the Secretary.

SEC. 502. TRANSFER AUTHORITY.

    (a) Authority To Transfer Certain Funds.--In connection with an 
emergency in which a plant pest or noxious weed threatens a segment of 
the agricultural production of the United States, the Secretary may 
transfer from other appropriations or funds available to the agencies 
or corporations of the Department of Agriculture such amounts as the 
Secretary considers necessary to be available in the emergency for the 
arrest, control, eradication, and prevention of the dissemination of 
the plant pest or noxious weed and for related expenses.
    (b) Availability.--Any funds transferred under this section shall 
remain available for such purposes until expended.
    (c) Conforming Amendments.--The first section of Public Law 97-46 
(7 U.S.C. 147b) is amended--
            (1) by striking ``plant pests or''; and
            (2) by striking ``section 102 of the Act of September 21, 
        1944, as amended (7 U.S.C. 147a), and''.
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