II

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.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Noxious Weed Coordination and Plant Protection Act’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.
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TITLE I—PLANT PROTECTION

Sec. 101. Regulation of movement of plant pests.

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

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

Sec. 103. Notification and holding requirements on arrival.

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

Sec. 105. Extraordinary emergencies.

Sec. 106. Recovery of compensation for unauthorized activities.

Sec. 107. Control of grasshoppers and Mormon Crickets.

Sec. 108. Certification for exports.

TITLE II—INSPECTION AND ENFORCEMENT

Sec. 201. Inspections 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 Repeal of superseded laws.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.

1 SEC. 2. FINDINGS.

2 Congress finds that—

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

5 plant pests and noxious weeds is necessary for the
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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) the smooth movement of enterable plants,

11 plant products, certain biological control organisms,

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

13 States is vital to the economy of the United States

14 and should be facilitated to the extent practicable;

15 (4) markets could be severely impacted by the

16 introduction or spread of plant pests or noxious

17 weeds into or within the United States;

18 (5) the unregulated movement of plants, plant

19 products, biological control organisms, plant pests,

20 noxious weeds, and articles capable of harboring

21 plant pests or noxious weeds would present an unac22 ceptable risk of introducing or spreading plant pests

23 or noxious weeds;

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

25 States of a plant pest or noxious weed new to or not
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1 known to be widely prevalent in or distributed within

2 and throughout the United States could threaten

3 crops, other plants, and plant products of the United

4 States and burden interstate commerce or foreign

5 commerce; and

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

7 organisms, plant pests, noxious weeds, or articles ca8 pable of harboring plant pests or noxious weeds reg9 ulated under this Act are in or affect interstate com10 merce or foreign commerce.

11 SEC. 3. DEFINITIONS.

12 In this Act:

13 (1) ARTICLE.—The term ‘‘article’’ means a ma14 terial or tangible object that could harbor a plant

15 pest or noxious weed.

16 (2) BIOLOGICAL CONTROL ORGANISM.—The

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

18 antagonist, or competitor organism used to control a

19 plant pest or noxious weed.

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

21 into the commerce of the United States.

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

23 of movement into the commerce of the United

24 States.
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1 (5) EXPORT.—The term ‘‘export’’ means to

2 move from the United States to any place outside

3 the United States.

4 (6) EXPORTATION.—The term ‘‘exportation’’

5 means the act of movement from the United States

6 to any place outside the United States.

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

8 move into the territorial limits of the United States.

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

10 means the act of movement into the territorial limits

11 of the United States.

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

13 means—

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

15 State; or

16 (B) within the District of Columbia,

17 Guam, the Virgin Islands of the United States,

18 or any other territory or possession of the

19 United States.

20 (10) INTERSTATE COMMERCE.—The term

21 ‘‘interstate commerce’’ means trade, traffic, move22 ment, or other commerce—

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

24 in another State;
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1 (B) between points within the same State

2 but through any place outside the State; or

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

4 the Virgin Islands of the United States, or any

5 other territory or possession of the United

6 States.

7 (11) MEANS OF CONVEYANCE.—The term

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

9 that could harbor a pest, disease, or noxious weed

10 and that is used for or intended for use for the

11 movement of any other personal property.

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

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

14 transport;

15 (B) aid, abet, cause, or induce the car16 rying, entering, importing, mailing, shipping, or

17 transporting;

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

19 ship, or transport;

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

21 ship, or transport;

22 (E) release into the environment; or

23 (F) allow an agent to participate in any of

24 the activities referred to in this paragraph.
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1 (13) MOVEMENT.—The term ‘‘move’’ means the

2 act of—

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

4 shipping, or transporting;

5 (B) aiding, abetting, causing, or inducing

6 the carrying, entering, importing, mailing, ship7 ping, or transporting;

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

9 ship, or transport;

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

11 ship, or transport;

12 (E) releasing into the environment; or

13 (F) allowing an agent to participate in any

14 of the activities referred to in this paragraph.

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

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

17 potential to directly or indirectly injure or cause

18 damage to a plant or plant product through injury

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

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

21 agriculture (including irrigation), navigation, natural

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

23 environment.

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

25 written (including electronic) or oral authorization
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1 by the Secretary to move a plant, plant product, bio2 logical control organism, plant pest, noxious weed,

3 article, or means of conveyance under conditions

4 prescribed by the Secretary.

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

6 individual, partnership, corporation, association,

7 joint venture, or other legal entity.

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

9 (including a plant part) for or capable of propaga10 tion (including a tree, tissue culture, plantlet cul11 ture, pollen, shrub, vine, cutting, graft, scion, bud,

12 bulb, root, and seed).

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

14 means—

15 (A) a living stage of a protozoan, inverte16 brate animal, parasitic plant, bacteria, fungus,

17 virus, viroid, infection agent, or pathogen that

18 has the potential to directly or indirectly injure

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

20 or plant product; or

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

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

23 (19) PLANT PRODUCT.—The term ‘‘plant prod24 uct’’ means—
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1 (A) a flower, fruit, vegetable, root, bulb,

2 seed, or other plant part that is not covered by

3 paragraph (17); and

4 (B) a manufactured or processed plant or

5 plant part.

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

7 means the Secretary of Agriculture.

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

9 the several States of the United States, the District

10 of Columbia, the Commonwealth of Puerto Rico, the

11 Virgin Islands, Guam, the Commonwealth of the

12 Northern Mariana Islands, and any other territory

13 or possession of the United States.

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

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

16 all of the States.

17 TITLE I—PLANT PROTECTION

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

19 (a) PROHIBITION OF UNAUTHORIZED MOVEMENT OF

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

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

22 commerce a plant pest, unless the importation, entry, ex23 portation, or movement is authorized under general or

24 specific permit and is in accordance with such regulations

25 as the Secretary may promulgate to prevent the introduc-
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1 tion of plant pests into the United States or the dissemina2 tion of plant pests within the United States.

3 (b) AUTHORIZATION OF MOVEMENT OF PLANT

4 PESTS BY REGULATION.—

5 (1) EXCEPTION TO PERMIT REQUIREMENT.—

6 The Secretary may promulgate regulations to allow

7 the importation, entry, exportation, or movement in

8 interstate commerce of specified plant pests without

9 further restriction if the Secretary finds that a per10 mit under subsection (a) is not necessary.

11 (2) PETITION TO ADD OR REMOVE PLANT

12 PESTS FROM REGULATION.—A person may petition

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

14 plant pest from, the regulations promulgated under

15 paragraph (1).

16 (3) RESPONSE TO PETITION BY THE SEC17 RETARY.—In the case of a petition submitted under

18 paragraph (2), the Secretary shall—

19 (A) act on the petition within a reasonable

20 time; and

21 (B) notify the petitioner of the final action

22 the Secretary takes on the petition.

23 (4) BASIS FOR DETERMINATION.—The deter24 mination of the Secretary on the petition shall be

25 based on sound science.
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1 (c) PROHIBITION OF UNAUTHORIZED MAILING OF

2 PLANT PESTS.—

3 (1) IN GENERAL.—Subject to section 304, a let4 ter, parcel, box, or other package containing a plant

5 pest, whether or not sealed as letter-rate postal mat6 ter, is nonmailable and shall not knowingly be con7 veyed in the mail or delivered from any post office

8 or by any mail carrier, unless the package is mailed

9 in compliance with such regulations as the Secretary

10 may promulgate to prevent the dissemination of

11 plant pests into the United States or interstate.

12 (2) APPLICATION OF POSTAL LAWS.—Nothing

13 in this subsection authorizes a person to open a

14 mailed letter or other mailed sealed matter except in

15 accordance with the postal laws (including regula16 tions).

17 (d) REGULATIONS.—Regulations promulgated by the

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

19 include provisions requiring that a plant pest imported,

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

21 mailed, or delivered from a post office—

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

23 Secretary before the importation, entry, exportation,

24 movement in interstate commerce, mailing, or deliv25 ery of the plant pest;
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1 (2) be accompanied by a certificate of inspec2 tion issued (in a manner and form required by the

3 Secretary) by appropriate officials of the country or

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

5 (3) be raised under post-entry quarantine con6 ditions by or under the supervision of the Secretary

7 for the purposes of determining whether the plant

8 pest may be infested with other plant pests, may

9 pose a significant risk of causing injury to, damage

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

11 be a noxious weed; and

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

13 Secretary determines are necessary to prevent the

14 dissemination of plant pests.

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

16 PRODUCTS, BIOLOGICAL CONTROL ORGA17 NISMS, NOXIOUS WEEDS, ARTICLES, AND

18 MEANS OF CONVEYANCE.

19 (a) IN GENERAL.—The Secretary may prohibit or re20 strict the importation, entry, exportation, or movement in

21 interstate commerce of a plant, plant product, biological

22 control organism, noxious weed, article, or means of con23 veyance, if the Secretary determines that the prohibition

24 or restriction is necessary to prevent the introduction into
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1 the United States or the dissemination of a plant pest or

2 noxious weed within the United States.

3 (b) REGULATIONS.—The Secretary may promulgate

4 regulations to carry out this section, including regulations

5 requiring that a plant, plant product, biological control or6 ganism, noxious weed, article, or means of conveyance im7 ported, entered, to be exported, or moved in interstate

8 commerce—

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

10 Secretary prior to the importation, entry, expor11 tation, or movement in interstate commerce;

12 (2) be accompanied by a certificate of inspec13 tion issued (in a manner and form required by the

14 Secretary) by appropriate officials of the country or

15 State from which the plant, plant product, biological

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

17 conveyance is to be moved;

18 (3) be subject to remedial measures the Sec19 retary determines to be necessary to prevent the

20 spread of plant pests or noxious weeds; and

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

22 organism, be grown or handled under post-entry

23 quarantine conditions by or under the supervision of

24 the Secretary for the purpose of determining wheth25 er the plant or biological control organism may be
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1 infested with a plant pest or noxious weed, or may

2 be a plant pest or noxious weed.

3 (c) LIST OF RESTRICTED NOXIOUS WEEDS.—

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

5 by regulation, a list of noxious weeds that are pro6 hibited or restricted from entering the United States

7 or that are subject to restrictions on interstate

8 movement within the United States.

9 (2) PETITIONS TO ADD PLANT SPECIES TO OR

10 REMOVE PLANT SPECIES FROM LIST.—

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

12 the Secretary to add a plant species to, or re13 move a plant species from, the list authorized

14 under paragraph (1).

15 (B) ACTION ON PETITION.—The Secretary

16 shall—

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

19 (ii) notify the petitioner of the final

20 action the Secretary takes on the petition.

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

23 shall be based on sound science.

24 (d) LIST OF BIOLOGICAL CONTROL ORGANISMS.—
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1 (1) PUBLICATION.—The Secretary may publish,

2 by regulation, a list of biological control organisms

3 the movement of which in interstate commerce is not

4 prohibited or restricted.

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

6 Secretary may take into account distinctions be7 tween biological control organisms, such as whether

8 the organisms are indigenous, nonindigenous, newly

9 introduced, or commercially raised.

10 (3) PETITIONS TO ADD BIOLOGICAL CONTROL

11 ORGANISMS TO OR REMOVE BIOLOGICAL CONTROL

12 ORGANISMS FROM LIST.—

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

14 the Secretary to add a biological control orga15 nism to, or remove a biological control organism

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

17 (B) ACTION ON PETITION.—The Secretary

18 shall—

19 (i) act on the petition within a reason20 able time; and

21 (ii) notify the petitioner of the final

22 action the Secretary takes on the petition.

23 (C) BASIS FOR DETERMINATION.—The de24 termination of the Secretary on the petition

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

2 ARRIVAL.

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

4 (1) NOTIFICATION.—The Secretary of the

5 Treasury shall promptly notify the Secretary of Ag6 riculture of the arrival of a plant, plant product, bio7 logical control organism, plant pest, or noxious weed

8 at a port of entry.

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

10 shall hold a plant, plant product, biological control

11 organism, plant pest, or noxious weed, for which no12 tification is made under paragraph (1) at the port

13 of entry until the plant, plant product, biological

14 control organism, plant pest, or noxious weed is—

15 (A) inspected and authorized by the Sec16 retary of Agriculture for entry into or move17 ment through the United States; or

18 (B) otherwise released by the Secretary of

19 Agriculture.

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

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

22 control organism, plant pest, or noxious weed that is

23 imported from a country or region of a country des24 ignated by the Secretary of Agriculture, by regula25 tion, as exempt from the requirements of those para26 graphs.
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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 required to have a permit under sec5 tion 101 or 102 shall, as soon as practicable on arrival

6 at the port of entry and before the plant, plant product,

7 biological control organism, plant pest, noxious weed, arti8 cle, or means of conveyance is moved from the port of

9 entry, notify the Secretary of Agriculture or, at the Sec10 retary of Agriculture’s direction, the proper official of the

11 State to which the plant, plant product, biological control

12 organism, plant pest, noxious weed, article, or means of

13 conveyance is destined, or both, as the Secretary of Agri14 culture may prescribe, of—

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

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

17 product, biological control organism, plant pest, nox18 ious weed, article, or means of conveyance proposed

19 to be moved; and

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

21 plant product, biological control organism, plant

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

23 was grown, produced, or located.

24 (c) PROHIBITION OF MOVEMENT OF ITEMS WITHOUT

25 INSPECTION AND AUTHORIZATION.—No person shall
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1 move from a port of entry or interstate an imported plant,

2 plant product, biological control organism, plant pest, nox3 ious weed, article, or means of conveyance unless the im4 ported plant, plant product, biological control organism,

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

6 has been—

7 (1) inspected and authorized by the Secretary

8 of Agriculture for entry into or movement through

9 the United States; or

10 (2) otherwise released by the Secretary of Agri11 culture.

12 SEC. 104. GENERAL REMEDIAL MEASURES FOR NEW PLANT

13 PESTS AND NOXIOUS WEEDS.

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

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

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

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

18 within and throughout the United States, the Secretary

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

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

21 product, biological control organism, plant pest, noxious

22 weed, article, or means of conveyance that—

23 (1)(A) is moving into or through the United

24 States or interstate, or has moved into or through

25 the United States or interstate; and
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1 (B)(i) the Secretary has reason to believe is a

2 plant pest or noxious weed or is infested with a

3 plant pest or noxious weed at the time of the move4 ment; or

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

6 Act;

7 (2) has not been maintained in compliance with

8 a post-entry quarantine requirement; or

9 (3) is the progeny of a plant, plant product, bi10 ological control organism, plant pest, or noxious

11 weed that is moving into or through the United

12 States or interstate, or has moved into the United

13 States or interstate, in violation of this Act.

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

15 DESTROY.—

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

17 owner of a plant, plant product, biological control or18 ganism, plant pest, noxious weed, article, or means

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

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

21 measures to, destroy, or otherwise dispose of the

22 plant, plant product, biological control organism,

23 plant pest, noxious weed, article, or means of con24 veyance, without cost to the Federal Government
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1 and in a manner the Secretary considers appro2 priate.

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

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

5 the Secretary under paragraph (1), the Secretary

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

7 recover from the owner or agent of the owner the

8 costs of any care, handling, application of remedial

9 measures, or disposal incurred by the Secretary in

10 connection with actions taken under subsection (a).

11 (c) CLASSIFICATION SYSTEM.—

12 (1) IN GENERAL.—To facilitate control of nox13 ious weeds, the Secretary may develop a classifica14 tion system to describe the status and action levels

15 for noxious weeds.

16 (2) CATEGORIES.—The classification system

17 may include the geographic distribution, relative

18 threat, and actions initiated to prevent introduction

19 or distribution.

20 (3) MANAGEMENT PLANS.—In conjunction with

21 the classification system, the Secretary may develop

22 integrated management plans for noxious weeds for

23 the geographic region or ecological range where the

24 noxious weed is found in the United States.
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1 (d) APPLICATION OF LEAST DRASTIC ACTION.—No

2 plant, plant product, biological control organism, plant

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

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

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

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

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

8 action that is feasible and that would be adequate to pre9 vent the dissemination of any plant pest or noxious weed

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

11 within and throughout the United States.

12 SEC. 105. EXTRAORDINARY EMERGENCIES.

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

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

15 emergency exists because of the presence of a plant pest

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

17 prevalent in or distributed within and throughout the

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

19 noxious weed threatens plants or plant products of the

20 United States, the Secretary may—

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

22 remedial measures to, destroy, or otherwise dispose

23 of, a plant, plant product, biological control orga24 nism, article, or means of conveyance that the Sec-
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1 retary has reason to believe is infested with the

2 plant pest or noxious weed;

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

4 measures to any premises, including a plant, plant

5 product, biological control organism, article, or

6 means of conveyance on the premises, that the Sec7 retary has reason to believe is infested with the

8 plant pest or noxious weed;

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

10 which the Secretary finds the plant pest or noxious

11 weed or a plant, plant product, biological control or12 ganism, article, or means of conveyance that the

13 Secretary has reason to believe is infested with the

14 plant pest or noxious weed; or

15 (4) prohibit or restrict the movement within a

16 State of a plant, plant product, biological control or17 ganism, article, or means of conveyance if the Sec18 retary determines that the prohibition or restriction

19 is necessary to prevent the dissemination of the

20 plant pest or noxious weed or to eradicate the plant

21 pest or noxious weed.

22 (b) REQUIRED FINDING OF EMERGENCY.—The Sec23 retary may take action under this section only on finding,

24 after review and consultation with the Governor or other

25 appropriate official of the State affected, that the meas-
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1 ures being taken by the State are inadequate to prevent

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

3 eradicate the plant pest or noxious weed.

4 (c) NOTIFICATION PROCEDURES.—

5 (1) IN GENERAL.—Before any action is taken

6 in a State under this section, the Secretary shall—

7 (A) notify the Governor or another appro8 priate official of the State;

9 (B) issue a public announcement; and

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

11 publish in the Federal Register a statement

12 of—

13 (i) the findings of the Secretary;

14 (ii) the action the Secretary intends to

15 take;

16 (iii) the reason for the intended ac17 tion; and

18 (iv) if practicable, an estimate of the

19 anticipated duration of the extraordinary

20 emergency.

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

22 practicable to publish a statement in the Federal

23 Register under paragraph (1) before taking an ac24 tion under this section, the Secretary shall publish

25 the statement in the Federal Register within a rea-
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1 sonable period of time, not to exceed 10 business

2 days, after commencement of the action.

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

4 plant, plant product, biological control organism, plant

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

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

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

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

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

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

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

13 within and throughout the United States.

14 (e) PAYMENT OF COMPENSATION.—

15 (1) IN GENERAL.—The Secretary may pay com16 pensation to a person for economic losses incurred

17 by the person as a result of action taken by the Sec18 retary under this section.

19 (2) AMOUNT.—The determination by the Sec20 retary of the amount of any compensation to be paid

21 under this subsection shall be final and shall not be

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

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

4 product, biological control organism, plant pest, noxious

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

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

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

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

11 including compensation for loss due to delays incident to

12 determining eligibility for importation, entry, exportation,

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

15 disposal was not authorized under this Act.

16 (b) TIME FOR ACTION; LOCATION.—

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

18 section shall be brought not later than 1 year after

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

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

23 a United States District Court where the owner is

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

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

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

4 Department of Agriculture.

5 SEC. 107. CONTROL OF GRASSHOPPERS AND MORMON

6 CRICKETS.

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

8 funds under this section, the Secretary of Agriculture shall

9 carry out a program to control grasshoppers and Mormon

10 Crickets on all Federal land to protect rangeland.

11 (b) TRANSFER AUTHORITY.—

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

13 the request of the Secretary of Agriculture, the Sec14 retary of the Interior shall transfer to the Secretary

15 of Agriculture, from any no-year appropriations,

16 funds for the prevention, suppression, and control of

17 actual or potential grasshopper and Mormon Cricket

18 outbreaks on Federal land under the jurisdiction of

19 the Secretary of the Interior.

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

22 the Federal land.

23 (3) TRANSFER REQUESTS.—The Secretary of

24 Agriculture shall make a request for the transfer of
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1 funds under this subsection as promptly as prac2 ticable.

3 (4) LIMITATION.—The Secretary of Agriculture

4 may not use funds transferred under this subsection

5 until funds specifically appropriated to the Secretary

6 of Agriculture for grasshopper and Mormon Cricket

7 control have been exhausted.

8 (5) REPLENISHMENT OF TRANSFERRED

9 FUNDS.—Funds transferred under this section shall

10 be replenished by supplemental or regular appropria11 tions, which the Secretary of Agriculture shall re12 quest as promptly as practicable.

13 (c) TREATMENT FOR GRASSHOPPERS AND MORMON

14 CRICKETS.—

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

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

17 the administering agency or the agriculture depart18 ment of an affected State, the Secretary of Agri19 culture, to protect rangeland, shall immediately treat

20 Federal, State, or private land that is infested with

21 grasshoppers or Mormon Crickets at levels of eco22 nomic infestation, unless the Secretary of Agri23 culture determines that delaying treatment will not

24 cause greater economic damage to adjacent owners

25 of rangeland.
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1 (2) OTHER PROGRAMS.—In carrying out this

2 section, the Secretary of Agriculture shall work in

3 conjunction with other Federal, State, and private

4 prevention, control, or suppression efforts to protect

5 rangeland.

6 (d) FEDERAL COST SHARE OF TREATMENT.—

7 (1) CONTROL ON FEDERAL LAND.—Out of

8 funds made available under this section, the Sec9 retary of Agriculture shall pay 100 percent of the

10 cost of grasshopper or Mormon Cricket control on

11 Federal land to protect rangeland.

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

13 made available under this section, the Secretary of

14 Agriculture shall pay 50 percent of the cost of grass15 hopper or Mormon Cricket control on State land.

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

17 made available under this section, the Secretary of

18 Agriculture shall pay 33.3 percent of the cost of

19 grasshopper or Mormon Cricket control on private

20 land.

21 (e) TRAINING.—From funds made available or trans22 ferred by the Secretary of the Interior to the Secretary

23 of Agriculture to carry out this section, the Secretary of

24 Agriculture shall provide adequate funding for a program
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1 to train personnel to accomplish effectively the purposes

2 of this section.

3 SEC. 108. CERTIFICATION 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 or other require8 ments of the countries to which the plant, plant product,

9 or biological control organism may be exported.

10 TITLE II—INSPECTION AND

11 ENFORCEMENT

12 SEC. 201. INSPECTIONS AND WARRANTS.

13 (a) IN GENERAL.—Consistent with guidelines ap14 proved by the Attorney General, the Secretary may—

15 (1) stop and inspect, without a warrant, a per16 son or means of conveyance moving into the United

17 States to determine whether the person or means of

18 conveyance is carrying a plant, plant product, bio19 logical control organism, plant pest, noxious weed,

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

21 (2) stop and inspect, without a warrant, a per22 son or means of conveyance moving in interstate

23 commerce on probable cause to believe that the per24 son or means of conveyance is carrying a plant,

25 plant product, biological control organism, plant
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1 pest, noxious weed, article, or means of conveyance

2 subject to this Act;

3 (3) stop and inspect, without a warrant, a per4 son or means of conveyance moving in intrastate

5 commerce or on premises quarantined as part of an

6 extraordinary emergency declared under section 105

7 on probable cause to believe that the person or

8 means of conveyance is carrying a plant, plant prod9 uct, biological control organism, plant pest, noxious

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

11 Act; and

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

13 United States for the purpose of conducting inves14 tigations or making inspections under this Act.

15 (b) WARRANTS.—

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

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

18 a United States magistrate judge may, on proper

19 oath or affirmation showing probable cause to be20 lieve that there is on certain premises a plant, plant

21 product, biological control organism, plant pest, nox22 ious weed, article, or means of conveyance regulated

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

24 premises to conduct an investigation or make an in25 spection under this Act.
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1 (2) EXECUTION.—The warrant may be applied

2 for and executed by the Secretary or a United States

3 marshal.

4 SEC. 202. COLLECTION OF INFORMATION.

5 The Secretary may gather and compile information

6 and conduct such investigations as the Secretary considers

7 necessary for the administration and enforcement of this

8 Act.

9 SEC. 203. SUBPOENA AUTHORITY.

10 (a) AUTHORITY TO ISSUE.—The Secretary may re11 quire by subpoena—

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

13 and

14 (2) the production of all documentary evidence

15 relating to the administration or enforcement of this

16 Act or a matter under investigation in connection

17 with this Act.

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

19 a witness and production of documentary evidence may be

20 required from any place in the United States at any des21 ignated place of hearing.

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

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

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

25 States within the jurisdiction in which the investigation
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1 is conducted, or where the person resides, is found, trans2 acts business, is licensed to do business, or is incorporated,

3 in obtaining compliance.

4 (d) FEES AND MILEAGE.—

5 (1) IN GENERAL.—A witness summoned by the

6 Secretary shall be paid the same fees and mileage

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

8 States.

9 (2) DEPOSITIONS.—A witness whose deposition

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

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

12 services in a court of the United States.

13 (e) PROCEDURES.—

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

15 procedures for the issuance of subpoenas under this

16 section.

17 (2) LEGAL SUFFICIENCY.—The procedures

18 shall include a requirement that a subpoena be re19 viewed for legal sufficiency and signed by the Sec20 retary.

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

22 subpoena is delegated, the agency receiving the dele23 gation shall seek review for legal sufficiency outside

24 that agency.
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1 (f) SCOPE OF SUBPOENA.—A subpoena for a witness

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

3 produce evidence at an administrative hearing in a judicial

4 district in an action or proceeding arising under this Act

5 may run to any other judicial district.

6 SEC. 204. PENALTIES FOR VIOLATION.

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

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

9 or, without authority from the Secretary, uses, alters, de10 faces, or destroys a certificate, permit, or other document

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

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

13 18, United States Code, imprisoned not more than 1 year,

14 or both.

15 (b) CIVIL PENALTIES.—

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

17 Act, or that forges, counterfeits, or, without author18 ity from the Secretary, uses, alters, defaces, or de19 stroys a certificate, permit, or other document pro20 vided under this Act may, after notice and oppor21 tunity for a hearing on the record, be assessed a

22 civil penalty by the Secretary that does not exceed

23 the greater of—

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

25 (except that the civil penalty may not exceed
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1 $1,000 in the case of an initial violation of this

2 Act by an individual moving regulated articles

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

4 of any other person for each violation, except

5 the amount of penalties assessed under this

6 subparagraph in a single proceeding shall not

7 exceed $500,000; or

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

9 a violation or forgery, counterfeiting, or unau10 thorized use, defacing or destruction of a cer11 tificate, permit, or other document provided for

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

13 pecuniary gain or causing pecuniary loss to an14 other person.

15 (2) FACTORS IN DETERMINING CIVIL PEN16 ALTY.—In determining the amount of a civil penalty,

17 the Secretary—

18 (A) shall take into account the nature, cir19 cumstance, extent, and gravity of the violation;

20 and

21 (B) may take into account the ability to

22 pay, the effect on ability to continue to do busi23 ness, any history of prior violations, the degree

24 of culpability of the violator, and any other fac25 tors the Secretary considers appropriate.
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1 (3) SETTLEMENT OF CIVIL PENALTIES.—The

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

3 without conditions, a civil penalty that may be as4 sessed under this subsection.

5 (4) FINALITY OF ORDERS.—

6 (A) IN GENERAL.—An order of the Sec7 retary assessing a civil penalty shall be treated

8 as a final order reviewable under chapter 158

9 of title 28, United States Code.

10 (B) COLLECTION ACTION.—The validity of

11 an order of the Secretary may not be reviewed

12 in an action to collect the civil penalty.

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

14 full when due under an order assessing the civil

15 penalty shall (after the due date) accrue inter16 est until paid at the rate of interest applicable

17 to a civil judgment of the courts of the United

18 States.

19 (c) LIABILITY FOR ACTS OF AN AGENT.—For pur20 poses of this Act, the act, omission, or failure of an officer,

21 agent, or person acting for or employed by any other per22 son within the scope of employment or office of the officer,

23 agent, or person, shall be considered to be the act, omis24 sion, or failure of the other person.
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1 (d) GUIDELINES FOR CIVIL PENALTIES.—The Sec2 retary shall coordinate with the Attorney General to estab3 lish guidelines to determine under what circumstances the

4 Secretary may issue a civil penalty or suitable notice of

5 warning in lieu of prosecution by the Attorney General of

6 a violation of this Act.

7 SEC. 205. ENFORCEMENT ACTIONS OF ATTORNEY GEN8 ERAL.

9 The Attorney General may—

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

11 a criminal violation of this Act that is referred to

12 the Attorney General by the Secretary or is brought

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

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

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

16 any interference by a person with the Secretary in

17 carrying out this Act, if the Attorney General has

18 reason to believe that the person has violated or is

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

20 about to interfere, with the Secretary; and

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

22 unpaid civil penalty, funds under a reimbursable

23 agreement, late payment penalty, or interest as24 sessed under this Act.
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1 SEC. 206. COURT JURISDICTION.

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

3 204(b), a United States district court, the District Court

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

5 highest court of American Samoa, and the United States

6 courts of other territories and possessions are vested with

7 jurisdiction in all cases arising under this Act.

8 (b) LOCATION.—An action arising under this Act

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

10 district where—

11 (1) a violation or interference occurred or is

12 about to occur; or

13 (2) the person charged with the violation, inter14 ference, impending violation, impending interference,

15 or failure to pay resides, is found, transacts busi16 ness, is licensed to do business, or is incorporated.

17 TITLE III—MISCELLANEOUS

18 PROVISIONS

19 SEC. 301. COOPERATION.

20 (a) IN GENERAL.—To carry out this Act, the Sec21 retary may cooperate with—

22 (1) other Federal agencies or entities;

23 (2) States or political subdivisions of States;

24 (3) national governments;

25 (4) local governments of other nations;

26 (5) domestic or international organizations;
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1 (6) domestic or international associations; and

2 (7) other persons.

3 (b) RESPONSIBILITY.—The individual or entity co4 operating with the Secretary shall be responsible for—

5 (1) obtaining the authority necessary for con6 ducting the operations or taking measures on all

7 land and property within the foreign country or

8 State, other than land and property owned or con9 trolled by the United States; and

10 (2) other facilities and means determined by the

11 Secretary.

12 (c) TRANSFER OF BIOLOGICAL CONTROL METH13 ODS.—The Secretary may transfer to a Federal or State

14 agency or other person biological control methods using

15 biological control organisms against plant pests or noxious

16 weeds.

17 (d) COOPERATION IN PROGRAM ADMINISTRATION.—

18 The Secretary may cooperate with State authorities or

19 other persons in the administration of programs for the

20 improvement of plants, plant products, and biological con21 trol organisms.

22 SEC. 302. BUILDINGS, LAND, PEOPLE, CLAIMS, AND AGREE23 MENTS.

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

25 maintain such real or personal property, and employ such
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1 persons, make such grants, and enter into such contracts,

2 cooperative agreements, memoranda of understanding, or

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

4 (b) TORT CLAIMS.—

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the Secretary may pay a tort claim (in

7 the manner authorized in the first paragraph of sec8 tion 2672 of title 28, United States Code) if the

9 claim arises outside the United States in connection

10 with an activity authorized under this Act.

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

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

13 is presented in writing to the Secretary not later

14 than 2 years after the claim arises.

15 SEC. 303. REIMBURSABLE AGREEMENTS.

16 (a) PRECLEARANCE.—

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

18 into a reimbursable fee agreement with a person for

19 preclearance (at a location outside the United

20 States) of plants, plant products, biological control

21 organisms, articles, and means of conveyance for

22 movement to the United States.

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

24 subsection shall be credited to an account that—
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1 (A) may be established by the Secretary;

2 and

3 (B) if established, shall remain available

4 for preclearance activities until expended.

5 (b) OVERTIME.—

6 (1) IN GENERAL.—Notwithstanding any other

7 law, the Secretary may pay an employee of the De8 partment of Agriculture performing services under

9 this Act relating to imports into and exports from

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

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

12 determined by the Secretary.

13 (2) REIMBURSEMENT OF SECRETARY.—The

14 Secretary may require a person for whom the serv15 ices are performed to reimburse the Secretary for

16 funds paid by the Secretary for the services.

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

18 subsection shall be credited to the account that in19 curs the costs and remain available until expended.

20 (c) LATE PAYMENT PENALTY AND INTEREST.—

21 (1) COLLECTION.—On failure of a person to re22 imburse the Secretary in accordance with this sec23 tion, the Secretary may assess a late payment pen24 alty against the person.
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1 (2) INTEREST.—Overdue funds due the Sec2 retary under this section shall accrue interest in ac3 cordance with section 3717 of title 31, United States

4 Code.

5 (3) ACCOUNT.—A late payment penalty and ac6 crued interest shall be credited to the account that

7 incurs the costs and shall remain available until ex8 pended.

9 SEC. 304. PROTECTION FOR MAIL HANDLERS.

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

11 States in the performance of the duties of the employee

12 in handling the mail.

13 SEC. 305. PREEMPTION.

14 (a) REGULATION OF FOREIGN COMMERCE.—No

15 State or political subdivision of a State may—

16 (1) regulate in foreign commerce a plant, plant

17 product, biological control organism, plant pest, nox18 ious weed, article, or means of conveyance; or

19 (2) in order to control a plant pest or noxious

20 weed—

21 (A) eradicate a plant pest or noxious weed;

22 or

23 (B) prevent the introduction or dissemina24 tion of a biological control organism, plant pest,

25 or noxious weed.
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1 (b) REGULATION OF INTERSTATE COMMERCE.—

2 (1) IN GENERAL.—Except as provided in para3 graph (2), if the Secretary has promulgated a regu4 lation or order to prevent the dissemination of a

5 plant, plant product, biological control organism,

6 plant pest, or noxious weed within the United

7 States, no State or political subdivision of a State

8 may—

9 (A) regulate the movement in interstate

10 commerce of the plant, plant product, biological

11 control organism, plant pest, noxious weed, arti12 cle, or means of conveyance; or

13 (B) in order to control the plant pest or

14 noxious weed—

15 (i) eradicate the plant pest or noxious

16 weed; or

17 (ii) prevent the introduction or dis18 semination of the biological control orga19 nism, plant pest, or noxious weed.

20 (2) EXCEPTIONS.—

21 (A) REGULATIONS CONSISTENT WITH FED22 ERAL REGULATIONS.—Except as provided in

23 subparagraph (B), a State or a political sub24 division of a State may impose a prohibition or

25 restriction on the movement in interstate com-
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1 merce of plants, plant products, biological con2 trol organisms, plant pests, noxious weeds, arti3 cles, or means of conveyance that are consistent

4 with and do not exceed the requirements of the

5 regulations promulgated or orders issued by the

6 Secretary under this Act.

7 (B) SPECIAL LOCAL NEED.—A State or

8 political subdivision of a State may impose a

9 prohibition or restriction on the movement in

10 interstate commerce of plants, plant products,

11 biological control organisms, plant pests, nox12 ious weeds, articles, or means of conveyance,

13 that are in addition to a prohibition or restric14 tion imposed by the Secretary, if the State or

15 political subdivision of a State demonstrates to

16 the Secretary and the Secretary finds that there

17 is a special need for additional prohibitions or

18 restrictions based on sound scientific data or a

19 thorough risk assessment.

20 SEC. 306. REGULATIONS AND ORDERS.

21 The Secretary may promulgate such regulations, and

22 issue such orders, as the Secretary considers necessary to

23 carry out this Act.
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1 SEC. 307. REPEAL OF SUPERSEDED LAWS.

2 (a) REPEAL.—The following provisions of law are re3 pealed:

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

5 of the Department of Agriculture Organic Act of

6 1944 (7 U.S.C. 147a).

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

8 1985 (7 U.S.C. 148f).

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

10 seq.).

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

12 150aa et seq.).

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

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

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

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

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

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

19 315, chapter 308; 7 U.S.C. 151 et seq.).

20 (8) The Halogeton Glomeratus Control Act (7

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

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

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

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

25 U.S.C. 2801 et seq.), other than the first section
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1 and section 15 of that Act (7 U.S.C. 2801 note,

2 2814).

3 (b) EFFECT ON REGULATIONS.—Regulations pro4 mulgated under the authority of a provision of law re5 pealed by subsection (a) shall remain in effect until such

6 time as the Secretary promulgates a regulation under sec7 tion 306 that supersedes the earlier regulation.

8 TITLE IV—FEDERAL

9 COORDINATION

10 SEC. 401. DEFINITIONS.

11 In this title:

12 (1) ACTION PLAN.—The term ‘‘Action Plan’’

13 means the National Invasive Species Action Plan de14 veloped and submitted to Congress under section

15 404, including any updates to the Action Plan.

16 (2) ALIEN SPECIES.—The term ‘‘alien species’’

17 means, with respect to a particular ecosystem, any

18 species, including its seeds, eggs, spores, or other bi19 ological material capable of propagating the species,

20 that is not native to that ecosystem.

21 (3) CONTROL.—The term ‘‘control’’ means—

22 (A) the suppression, reduction, or manage23 ment of invasive species populations;
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1 (B) the prevention of the spread of

2 invasive species from areas where the species

3 are present; and

4 (C) the taking of measures such as the res5 toration of native species and habitats to reduce

6 the effects of invasive species and to prevent

7 further invasions.

8 (4) COUNCIL.—The term ‘‘Council’’ means the

9 Invasive Species Council established by section 402.

10 (5) ECOSYSTEM.—The term ‘‘ecosystem’’

11 means the complex of a community of organisms

12 and the community’s environment.

13 (6) FEDERAL AGENCY.—The term ‘‘Federal

14 agency’’ has the meaning given the term ‘‘agency’’

15 in section 551 of title 5, United States Code, except

16 that the term does not include an independent estab17 lishment (as defined in section 104 of title 5, United

18 States Code).

19 (7) INTRODUCTION.—The term ‘‘introduction’’

20 means the intentional or unintentional escape, re21 lease, dissemination, or placement of a species into

22 an ecosystem as a result of human activity.

23 (8) INVASIVE SPECIES.—The term ‘‘invasive

24 species’’ means an alien species the introduction of
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1 which causes or is likely to cause economic or envi2 ronmental harm or harm to human health.

3 (9) NATIVE SPECIES.—The term ‘‘native spe4 cies’’ means, with respect to a particular ecosystem,

5 a species that, other than as a result of an introduc6 tion, historically occurred or currently occurs in the

7 ecosystem.

8 (10) SPECIES.—The term ‘‘species’’ means a

9 group of organisms all of which—

10 (A) have a high degree of physical and ge11 netic similarity;

12 (B) generally interbreed only among them13 selves; and

14 (C) show persistent differences from mem15 bers of allied groups of organisms.

16 (11) STAKEHOLDER.—The term ‘‘stakeholder’’

17 means an entity with an interest in invasive species,

18 including—

19 (A) a State, tribal, or local government

20 agency;

21 (B) an academic institution;

22 (C) the scientific community; and

23 (D) a nongovernmental entity, including an

24 environmental, agricultural, or conservation or-
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1 ganization, trade group, commercial interest, or

2 private landowner.

3 SEC. 402. INVASIVE SPECIES COUNCIL.

4 (a) ESTABLISHMENT.—There is established an advi5 sory council to be known as the ‘‘Invasive Species Coun6 cil’’.

7 (b) MEMBERSHIP.—

8 (1) IN GENERAL.—The Council shall be com9 posed of—

10 (A) the Secretary of State;

11 (B) the Secretary of the Treasury;

12 (C) the Secretary of Defense;

13 (D) the Secretary of the Interior, who shall

14 be a cochairperson of the Council;

15 (E) the Secretary of Agriculture, who shall

16 be a cochairperson of the Council;

17 (F) the Secretary of Commerce, who shall

18 be a cochairperson of the Council;

19 (G) the Secretary of Transportation;

20 (H) the Administrator of the Environ21 mental Protection Agency; and

22 (I) a representative of State government

23 appointed by the National Governors’ Associa24 tion.
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1 (2) OTHER FEDERAL AGENCY REPRESENTA2 TIVES.—The Council may—

3 (A) invite other representatives of Federal

4 agencies to serve as members of the Council, in5 cluding representatives from subcabinet bureaus

6 or offices with significant responsibilities con7 cerning invasive species; and

8 (B) prescribe special procedures for the

9 participation by those other representatives on

10 the Council.

11 (c) DUTIES.—The Invasive Species Council shall—

12 (1) provide national leadership regarding

13 invasive species;

14 (2) oversee the implementation of this title and

15 make recommendations designed to ensure that the

16 activities of Federal agencies concerning invasive

17 species are coordinated, complementary, cost-effi18 cient, and effective, relying to the maximum extent

19 practicable on organizations addressing invasive spe20 cies, such as—

21 (A) the Aquatic Nuisance Species Task

22 Force established by section 1201 of the Non23 indigenous Aquatic Nuisance Prevention and

24 Control Act of 1990 (16 U.S.C. 4721);
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1 (B) the Federal Interagency Committee for

2 the Management of Noxious and Exotic Weeds;

3 and

4 (C) the Committee on Environment and

5 Natural Resources of the Office of Science and

6 Technology Policy;

7 (3) encourage planning and action at local, trib8 al, State, regional, and ecosystem-based levels to

9 achieve the goals and objectives of the Action Plan,

10 in cooperation with stakeholders and organizations

11 addressing invasive species;

12 (4) develop recommendations for international

13 cooperation in addressing invasive species;

14 (5) develop, in consultation with the Council on

15 Environmental Quality, guidance to Federal agencies

16 under the National Environmental Policy Act of

17 1969 (42 U.S.C. 4321 et seq.) concerning prevention

18 and control of invasive species, including the pro19 curement, use, and maintenance of native species in

20 a manner designed to affect invasive species;

21 (6) facilitate development of a coordinated net22 work among Federal agencies to document, evaluate,

23 and monitor impacts from invasive species on the

24 economy, the environment, and human health;
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1 (7) facilitate establishment of a coordinated,

2 up-to-date information-sharing system that—

3 (A) uses, to the maximum extent prac4 ticable, the Internet; and

5 (B) facilitates access to and exchange of

6 information concerning invasive species, such

7 as—

8 (i) information on the distribution and

9 abundance of invasive species;

10 (ii) life histories of invasive species

11 and invasive characteristics;

12 (iii) economic, environmental, and

13 human health impacts from invasive spe14 cies;

15 (iv) techniques for management of

16 invasive species; and

17 (v) laws and programs for manage18 ment, research, and public education con19 cerning invasive species; and

20 (8) develop and submit to Congress the Action

21 Plan.

22 (d) EXECUTIVE DIRECTOR; STAFF.—With the con23 currence of the other cochairpersons, the Secretary of the

24 Interior shall—
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1 (1) appoint an Executive Director of the Coun2 cil; and

3 (2) provide staff and administrative support for

4 the Council.

5 SEC. 403. ADVISORY COMMITTEE.

6 (a) ESTABLISHMENT.—The Secretary of the Interior

7 shall—

8 (1) establish an advisory committee to provide

9 information and advice for consideration by the

10 Council; and

11 (2) after consultation with other members of

12 the Council, appoint members of the advisory com13 mittee to represent stakeholders.

14 (b) DUTIES.—The duties of the advisory committee

15 shall include making recommendations for plans and ac16 tions at local, tribal, State, regional, and ecosystem-based

17 levels to achieve the goals and objectives of the Action

18 Plan.

19 (c) COOPERATION.—The advisory committee shall act

20 in cooperation with stakeholders and organizations ad21 dressing the problem of invasive species.

22 (d) ADMINISTRATIVE AND FINANCIAL SUPPORT.—

23 The Secretary of the Interior shall provide administrative

24 and financial support for the advisory committee.
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1 SEC. 404. INVASIVE SPECIES ACTION PLAN.

2 (a) IN GENERAL.—Not later than 270 days after the

3 date of enactment of this Act, the Council shall develop

4 and submit to Congress a National Invasive Species Ac5 tion Plan, which shall—

6 (1) detail and recommend performance-oriented

7 goals and objectives and specific measures of success

8 for Federal agency efforts concerning invasive spe9 cies;

10 (2) detail and recommend measures to be taken

11 by the Council to carry out its duties under section

12 402; and

13 (3) identify the personnel, other resources, and

14 additional levels of coordination needed to achieve

15 the goals and objectives of the Action Plan.

16 (b) PUBLIC PARTICIPATION AND COORDINATION.—

17 The Action Plan shall be—

18 (1) developed through a public process and in

19 consultation with Federal agencies and stakeholders;

20 and

21 (2) coordinated with any State plans concerning

22 invasive species.

23 (c) SPECIAL REQUIREMENTS FOR FIRST ACTION

24 PLAN.—

25 (1) IN GENERAL.—The first Action Plan sub26 mitted under subsection (a) shall—
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1 (A) include a review of existing and pro2 spective approaches and authorities for pre3 venting the introduction and spread of invasive

4 species, including approaches for—

5 (i) identifying pathways for the intro6 duction of invasive species; and

7 (ii) minimizing the risk of introduc8 tions by means of those pathways; and

9 (B) identify research needs and rec10 ommend measures to minimize the risk that in11 troductions will occur.

12 (2) RECOMMENDED PROCESSES.—The meas13 ures recommended under paragraph (1)(B) shall

14 provide for—

15 (A) a science-based process to evaluate

16 risks associated with the introduction and

17 spread of invasive species; and

18 (B) a coordinated and systematic risk19 based process to identify, monitor, and interdict

20 pathways that may be involved in the introduc21 tion of invasive species.

22 (3) RECOMMENDATIONS FOR LEGISLATION.—If

23 any measure recommended under paragraph (1)(B)

24 is not authorized by law in effect as of the date of

25 the recommendation, the Council shall develop and
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1 submit to Congress legislative proposals for nec2 essary changes in law.

3 (d) UPDATES AND EVALUATIONS OF ACTION

4 PLAN.—The Council shall—

5 (1) develop and submit to Congress biennial up6 dates of the Action Plan; and

7 (2) concurrently evaluate and report on success

8 in achieving the goals and objectives specified in the

9 Action Plan.

10 (e) RESPONSE BY FEDERAL AGENCIES.—Not later

11 than 18 months after the date of submission to Congress

12 of the Action Plan, each Federal agency that is required

13 to implement a measure recommended under subsection

14 (a)(1) or (c)(1)(B) shall—

15 (1) take the recommended action; or

16 (2) provide to the Council an explanation of

17 why the action is not feasible.

18 TITLE V—AUTHORIZATION OF

19 APPROPRIATIONS

20 SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

21 (a) IN GENERAL.—There are authorized to be appro22 priated such sums as are necessary to carry out this Act.

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

24 106 and as specifically authorized by law, no part of the

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

2 or at the direction of the Secretary.

3 SEC. 502. TRANSFER AUTHORITY.

4 (a) AUTHORITY TO TRANSFER CERTAIN FUNDS.—

5 In connection with an emergency in which a plant pest

6 or noxious weed threatens a segment of the agricultural

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

9 agencies or corporations of the Department of Agriculture

10 such amounts as the Secretary considers necessary to be

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

13 pest or noxious weed and for related expenses.

14 (b) AVAILABILITY.—Any funds transferred under

15 this section shall remain available for such purposes until

16 expended.

17 (c) CONFORMING AMENDMENTS.—The first section

18 of Public Law 97–46 (7 U.S.C. 147b) is amended—

19 (1) by striking ‘‘plant pests or’’; and

20 (2) by striking ‘‘section 102 of the Act of Sep21 tember 21, 1944, as amended (7 U.S.C. 147a),

22 and’’.

Æ