I

106TH CONGRESS

1ST SESSION H. R. 1504

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

Agriculture relating to plant protection and quarantine, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 21, 1999

Mr. CANADY of Florida (for himself, Mr. EWING, Mr. EHRLICH, Mr.

ETHERIDGE, Mr. CONDIT, Mr. FOLEY, Mr. BLUMENAUER, Mrs. THURMAN, Mr. BOYD, and Mr. HAYES) introduced the following bill; which was

referred to the Committee on Agriculture, and in addition to the Committees on the Judiciary, Resources, and Ways and Means, for a period to

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

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 AND TABLE OF CONTENTS.

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

5 ‘‘Plant Protection Act’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title and 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, articles, noxious weeds, and means of conveyance.

Sec. 103. Notification and holding requirements upon arrival.

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

Sec. 105. Declaration of extraordinary emergency and resulting authorities.

Sec. 106. Recovery of compensation for unauthorized activities.

Sec. 107. Control of grasshoppers and Mormon crickets.

Sec. 108. Certification for exports.

TITLE II—INSPECTION AND ENFORCEMENT

Sec. 201. Inspections, seizures, and warrants.

Sec. 202. Collection of information.

Sec. 203. Subpoena authority.

Sec. 204. Penalties for violation.

Sec. 205. Enforcement actions of Attorney General.

Sec. 206. Court jurisdiction.

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. Cooperation.

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

Sec. 303. Reimbursable agreements.

Sec. 304. Regulations and orders.

Sec. 305. Protection for mail handlers.

Sec. 306. Preemption.

Sec. 307. Severability.

Sec. 308. Repeal of superseded laws.

TITLE IV—AUTHORIZATION OF APPROPRIATIONS

Sec. 401. Authorization of appropriations.

Sec. 402. Transfer authority.

3 SEC. 2. FINDINGS.

4 The Congress finds that—

5 (1) the detection, control, eradication, suppres6 sion, prevention, or retardation of the spread of

7 plant pests or 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 is often a desirable, low4 risk means of ridding crops and other plants of

5 plant pests and noxious weeds, and its use should be

6 facilitated by the Department of Agriculture, other

7 Federal agencies, and States whenever feasible;

8 (3) the smooth movement of enterable plants,

9 plant products, biological control organisms, or other

10 articles into, out of, or within the United States is

11 vital to the Nation’s economy and should be facili12 tated to the extent possible;

13 (4) export markets could be severely impacted

14 by the introduction or spread of plant pests or nox15 ious weeds into or within the United States;

16 (5) the unregulated movement of plant pests,

17 noxious weeds, plants, certain biological control or18 ganisms, plant products, and articles capable of har19 boring plant pests or noxious weeds could present an

20 unacceptable risk of introducing or spreading plant

21 pests or noxious weeds;

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

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

24 known to be widely prevalent in or distributed within

25 and throughout the United States could constitute a
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1 threat to crops and other plants or plant products

2 of the United States and burden interstate com3 merce or foreign commerce; and

4 (7) all plant pests, noxious weeds, plants, plant

5 products, articles capable of harboring plant pests or

6 noxious weeds regulated under this Act are in or af7 fect interstate commerce or foreign commerce.

8 SEC. 3. DEFINITIONS.

9 For the purposes of this Act:

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

11 material or tangible object that could harbor plant

12 pests or noxious weeds.

13 (2) BIOLOGICAL CONTROL ORGANISM.—The

14 term ‘‘biological control organism’’ means any

15 enemy, antagonist, or competitor used to control a

16 plant pest or noxious weed.

17 (3) ENTER AND ENTRY.—The terms ‘‘enter’’

18 and ‘‘entry’’ mean to move into, or the act of move19 ment into, the commerce of the United States.

20 (4) EXPORT AND EXPORTATION.—The terms

21 ‘‘export’’ and ‘‘exportation’’ mean to move from, or

22 the act of movement from, the United States to any

23 place outside of the United States.

24 (5) IMPORT AND IMPORTATION.—The terms

25 ‘‘import’’ and ‘‘importation’’ mean to move into, or
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1 the act of movement into, the territorial limits of

2 the United States.

3 (6) INTERSTATE.—The term ‘‘interstate’’

4 means—

5 (A) from one State into or through any

6 other State; or

7 (B) within the District of Columbia,

8 Guam, the Virgin Islands of the United States,

9 or any other territory or possession of the

10 United States.

11 (7) INTERSTATE COMMERCE.—The term ‘‘inter12 state commerce’’ means trade, traffic, or other

13 commerce—

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

15 in another State, or between points within the

16 same State but through any place outside that

17 State; or

18 (B) within the District of Columbia,

19 Guam, the Virgin Islands of the United States,

20 or any other territory or possession of the

21 United States.

22 (8) MEANS OF CONVEYANCE.—The term

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

24 used for or intended for use for the movement of

25 any other personal property.
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1 (9) MOVE AND RELATED TERMS.—The terms

2 ‘‘move’’, ‘‘moving’’, and ‘‘movement’’ mean—

3 (A) to carry, enter, import, mail, ship, or

4 transport;

5 (B) to aid, abet, cause, or induce the car6 rying, entering, importing, mailing, shipping, or

7 transporting;

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

9 ship, or transport;

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

11 ship, or transport;

12 (E) to release into the environment; or

13 (F) to allow any of the activities described

14 in a preceding clause.

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

16 weed’’ means any plant or plant product that can di17 rectly or indirectly injure or cause damage to crops

18 (including nursery stock or plant products), live19 stock, poultry, or other interests of agriculture, irri20 gation, navigation, the natural resources of the

21 United States, the public health, or the environment.

22 (11) PERMIT.—The term ‘‘permit’’ means a

23 written or oral authorization, including by electronic

24 methods, by the Secretary to move plants, plant

25 products, biological control organisms, plant pests,
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1 noxious weeds, or articles under conditions pre2 scribed by the Secretary.

3 (12) PERSON.—The term ‘‘person’’ means any

4 individual, partnership, corporation, association,

5 joint venture, or other legal entity.

6 (13) PLANT.—The term ‘‘plant’’ means any

7 plant (including any plant part) for or capable of

8 propagation, including trees, tissue cultures, plantlet

9 cultures, pollen, shrubs, vines, cuttings, grafts, sci10 ons, buds, bulbs, roots, and seeds.

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

12 means any living stage of any of the following that

13 can directly or indirectly injure, cause damage to, or

14 cause disease in any plant or plant product:

15 (A) A protozoan.

16 (B) A nonhuman animal.

17 (C) A parasitic plant.

18 (D) A bacteria.

19 (E) A fungus.

20 (F) A virus or viroid.

21 (G) An infectious agent or other pathogen.

22 (H) Any article similar to or allied with

23 any of the articles specified in the preceding

24 subparagraphs.
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1 (15) PLANT PRODUCT.—The term ‘‘plant prod2 uct’’ means—

3 (A) any flower, fruit, vegetable, root, bulb,

4 seed, or other plant part that is not included in

5 the definition of plant; or

6 (B) any manufactured or processed plant

7 or plant part.

8 (16) SECRETARY.—The term ‘‘Secretary’’

9 means the Secretary of Agriculture.

10 (17) STATE.—The term ‘‘State’’ means any of

11 the several States of the United States, the Com12 monwealth of the Northern Mariana Islands, the

13 Commonwealth of Puerto Rico, the District of Co14 lumbia, Guam, the Virgin Islands of the United

15 States, or any other territory or possession of the

16 United States.

17 (18) THIS ACT.—Except when used in this sec18 tion, the term ‘‘this Act’’ includes any regulation or

19 order issued by the Secretary under the authority of

20 this Act.

21 (19) UNITED STATES.—The term ‘‘United

22 States’’ means all of the States.
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1 TITLE I—PLANT PROTECTION

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

3 (a) PROHIBITION OF UNAUTHORIZED MOVEMENT OF

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

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

6 commerce any plant pest, unless the importation, entry,

7 exportation, or movement is authorized under general or

8 specific permit and is in accordance with such regulations

9 as the Secretary may issue to prevent the introduction of

10 plant pests into the United States or the dissemination

11 of plant pests within the United States.

12 (b) AUTHORIZATION OF MOVEMENT OF PLANT

13 PESTS BY REGULATION.—

14 (1) EXCEPTION TO PERMIT REQUIREMENT.—

15 The Secretary may issue regulations to allow the im16 portation, entry, exportation, or movement in inter17 state commerce of specified plant pests without fur18 ther restriction if the Secretary finds that a permit

19 under subsection (a) is not necessary.

20 (2) PETITION TO ADD OR REMOVE PLANT

21 PESTS FROM REGULATION.—Any person may peti22 tion the Secretary to add a plant pest to, or remove

23 a plant pest from, the regulations issued by the Sec24 retary under paragraph (1).
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1 (3) RESPONSE TO PETITION BY THE SEC2 RETARY.—In the case of a petition submitted under

3 paragraph (2), the Secretary shall act on the peti4 tion within a reasonable time and notify the peti5 tioner of the final action the Secretary takes on the

6 petition. The Secretary’s determination on the peti7 tion shall be based on sound science.

8 (c) PROHIBITION OF UNAUTHORIZED MAILING OF

9 PLANT PESTS.—

10 (1) IN GENERAL.—Any letter, parcel, box, or

11 other package containing any plant pest, whether

12 sealed as letter-rate postal matter or not, is non13 mailable and shall not knowingly be conveyed in the

14 mail or delivered from any post office or by any mail

15 carrier, unless the letter, parcel, box, or other pack16 age is mailed in compliance with such regulations as

17 the Secretary may issue to prevent the dissemination

18 of plant pests into the United States or interstate.

19 (2) APPLICATION OF POSTAL LAWS AND REGU20 LATIONS.—Nothing in this subsection authorizes any

21 person to open any mailed letter or other mailed

22 sealed matter except in accordance with the postal

23 laws and regulations.

24 (d) REGULATIONS.—Regulations issued by the Sec25 retary to implement subsections (a), (b), and (c) may in-
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1 clude provisions requiring that any plant pest imported,

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

3 mailed, or delivered from any post office—

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

5 Secretary prior to the importation, entry, expor6 tation, movement in interstate commerce, mailing, or

7 delivery of the plant pest;

8 (2) be accompanied by a certificate of inspec9 tion issued (in a manner and form required by the

10 Secretary) by appropriate officials of the country or

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

12 (3) be raised under post-entry quarantine con13 ditions by or under the supervision of the Secretary

14 for the purposes of determining whether the plant

15 pest may be infested with other plant pests, may

16 pose a significant risk of causing injury to, damage

17 to, or disease in any plant or plant product, or may

18 be a noxious weed; and

19 (4) be subject to remedial measures the Sec20 retary determines necessary to prevent the spread of

21 plant pests.
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1 SEC. 102. REGULATION OF MOVEMENT OF PLANTS, PLANT

2 PRODUCTS, BIOLOGICAL CONTROL ORGA3 NISMS, ARTICLES, NOXIOUS WEEDS, AND

4 MEANS OF CONVEYANCE.

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

7 interstate commerce of any plant, plant product, biological

8 control organism, noxious weed, article, or any means of

9 conveyance, if the Secretary determines that the prohibi10 tion or restriction is necessary to prevent the introduction

11 into the United States or the dissemination of a plant pest

12 or noxious weed within the United States.

13 (b) REGULATIONS.—The Secretary may issue regula14 tions to implement subsection (a), including regulations

15 requiring that any plant, plant product, biological control

16 organism, noxious weed, article, or any means of convey17 ance imported, entered, to be exported, or moved in inter18 state commerce—

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

20 Secretary prior to the importation, entry, expor21 tation, or movement in interstate commerce;

22 (2) be accompanied by a certificate of inspec23 tion issued (in a manner and form required by the

24 Secretary) by appropriate officials of the country or

25 State from which the plant, plant product, biological
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1 control organism, noxious weed, article, or means of

2 conveyance is to be moved;

3 (3) be subject to remedial measures the Sec4 retary determines to be necessary to prevent the

5 spread of plant pests or noxious weeds; and

6 (4) with respect to plants or biological control

7 organisms, be grown or handled under post-entry

8 quarantine conditions by or under the supervision of

9 the Secretary for the purposes of determining wheth10 er the plant or biological control organism may be

11 infested with plant pests or may be a plant pest or

12 noxious weed.

13 (c) NOXIOUS WEEDS.—

14 (1) REGULATIONS.—In the case of noxious

15 weeds, the Secretary may publish, by regulation, a

16 list of noxious weeds that are prohibited or re17 stricted from entering the United States or that are

18 subject to restrictions on interstate movement within

19 the United States.

20 (2) PETITION TO ADD OR REMOVE PLANTS

21 FROM REGULATION.—Any person may petition the

22 Secretary to add a plant species to, or remove a

23 plant species from, the regulations issued by the

24 Secretary under this subsection.
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1 (3) DUTIES OF THE SECRETARY.—In the case

2 of a petition submitted under paragraph (2), the

3 Secretary shall act on the petition within a reason4 able time and notify the petitioner of the final action

5 the Secretary takes on the petition. The Secretary’s

6 determination on the petition shall be based on

7 sound science.

8 (d) BIOLOGICAL CONTROL ORGANISMS.—

9 (1) REGULATIONS.—In the case of biological

10 control organisms, the Secretary may publish, by

11 regulation, a list of organisms whose movement in

12 interstate commerce is not prohibited or restricted.

13 Any listing may take into account distinctions be14 tween organisms such as indigenous, non-indigenous,

15 newly introduced, or commercially raised.

16 (2) PETITION TO ADD OR REMOVE BIOLOGICAL

17 CONTROL ORGANISMS FROM THE REGULATIONS.—

18 Any person may petition the Secretary to add a bio19 logical control organism to, or remove a biological

20 control organism from, the regulations issued by the

21 Secretary under this subsection.

22 (3) DUTIES OF THE SECRETARY.—In the case

23 of a petition submitted under paragraph (2), the

24 Secretary shall act on the petition within a reason25 able time and notify the petitioner of the final action
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1 the Secretary takes on the petition. The Secretary’s

2 determination on the petition shall be based on

3 sound science.

4 SEC. 103. NOTIFICATION AND HOLDING REQUIREMENTS

5 UPON ARRIVAL.

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

7 (1) NOTIFICATION.—The Secretary of the

8 Treasury shall promptly notify the Secretary of Ag9 riculture of the arrival of any plant, plant product,

10 biological control organism, plant pest, or noxious

11 weed at a port of entry.

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

13 shall hold a plant, plant product, biological control

14 organism, plant pest, or noxious weed for which no15 tification is made under paragraph (1) at the port

16 of entry until the plant, plant product, biological

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

18 (A) inspected and authorized for entry into

19 or transit movement through the United States;

20 or

21 (B) otherwise released by the Secretary of

22 Agriculture.

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

24 shall not apply to any plant, plant product, biological

25 control organism, plant pest, or noxious weed that is
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1 imported from a country or region of a country des2 ignated by the Secretary of Agriculture, pursuant to

3 regulations, as exempt from the requirements of

4 such paragraphs.

5 (b) DUTY OF RESPONSIBLE PARTIES.—

6 (1) NOTIFICATION.—The person responsible for

7 any plant, plant product, biological control organism,

8 plant pest, noxious weed, article, or means of con9 veyance required to have a permit under section 101

10 or 102 shall provide the notification described in

11 paragraph (3) as soon as possible after the arrival

12 of the plant, plant product, biological control orga13 nism, plant pest, noxious weed, article, or means of

14 conveyance at a port of entry and before the plant,

15 plant product, biological control organism, plant

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

17 is moved from the port of entry.

18 (2) SUBMISSION.—The notification shall be pro19 vided to the Secretary, or at the Secretary’s direc20 tion, the proper official of the State to which the

21 plant, plant product, biological control organism,

22 plant pest, noxious weed, article, or means of con23 veyance is destined, or both, as the Secretary may

24 prescribe.
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1 (3) ELEMENTS OF NOTIFICATION.—The notifi2 cation shall consist of the following:

3 (A) The name and address of the con4 signee.

5 (B) The nature and quantity of the plant,

6 plant product, biological control organism, plant

7 pest, noxious weed, article, or means of convey8 ance proposed to be moved.

9 (C) The country and locality where the

10 plant, plant product, biological control orga11 nism, plant pest, noxious weed, article, or

12 means of conveyance was grown, produced, or

13 located.

14 (c) PROHIBITION ON MOVEMENT OF ITEMS WITH15 OUT AUTHORIZATION.—No person shall move from a port

16 of entry or interstate any imported plant, plant product,

17 biological control organism, plant pest, noxious weed, arti18 cle, or means of conveyance unless the imported plant,

19 plant product, biological control organism, plant pest, nox20 ious weed, article, or means of conveyance—

21 (1) is inspected and authorized for entry into or

22 transit movement through the United States; or

23 (2) is otherwise released by the Secretary.
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1 SEC. 104. GENERAL REMEDIAL MEASURES FOR NEW PLANT

2 PESTS AND NOXIOUS WEEDS.

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

4 ITEMS.—If the Secretary considers it necessary in order

5 to prevent the dissemination of a plant pest or noxious

6 weed that is new to or not known to be widely prevalent

7 or distributed within and throughout the United States,

8 the Secretary may hold, seize, quarantine, treat, apply

9 other remedial measures to, destroy, or otherwise dispose

10 of any plant, plant pest, noxious weed, biological control

11 organism, plant product, article, or means of conveyance

12 that—

13 (1) is moving into or through the United States

14 or interstate, or has moved into or through the

15 United States or interstate, and—

16 (A) the Secretary has reason to believe is

17 a plant pest or noxious weed or is infested with

18 a plant pest or noxious weed at the time of the

19 movement; or

20 (B) is or has been otherwise in violation of

21 this Act;

22 (2) has not been maintained in compliance with

23 a post-entry quarantine requirement; or

24 (3) is the progeny of any plant, biological con25 trol organism, plant product, plant pest, or noxious

26 weed that is moving into or through the United
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1 States or interstate, or has moved into the United

2 States or interstate, in violation of this Act.

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

4 DESTROY.—

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

6 owner of any plant, biological control organism,

7 plant product, plant pest, noxious weed, article, or

8 means of conveyance subject to action under sub9 section (a), or the owner’s agent, to treat, apply

10 other remedial measures to, destroy, or otherwise

11 dispose of the plant, biological control organism,

12 plant product, plant pest, noxious weed, article, or

13 means of conveyance, without cost to the Federal

14 Government and in the manner the Secretary con15 siders appropriate.

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

17 agent of the owner fails to comply with the Sec18 retary’s order under this subsection, the Secretary

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

20 recover from the owner or agent of the owner the

21 costs of any care, handling, application of remedial

22 measures or disposal incurred by the Secretary in

23 connection with actions taken under subsection (a).

24 (c) CLASSIFICATION SYSTEM.—
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1 (1) DEVELOPMENT REQUIRED.—To facilitate

2 control of noxious weeds, the Secretary may develop

3 a classification system to describe the status and ac4 tion levels for noxious weeds. The classification sys5 tem may include the current geographic distribution,

6 relative threat, and actions initiated to prevent intro7 duction or distribution.

8 (2) MANAGEMENT PLANS.—In conjunction with

9 the classification system, the Secretary may develop

10 integrated management plans for noxious weeds for

11 the geographic region or ecological range where the

12 noxious weed is found in the United States.

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

14 plant, biological control organism, plant product, plant

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

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

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

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

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

20 action that is feasible and that would be adequate to pre21 vent the dissemination of any plant pest or noxious weed

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

23 within and throughout the United States.
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1 SEC. 105. DECLARATION OF EXTRAORDINARY EMERGENCY

2 AND RESULTING AUTHORITIES.

3 (a) AUTHORITY TO DECLARE.—If the Secretary de4 termines that an extraordinary emergency exists because

5 of the presence of a plant pest or noxious weed that is

6 new to or not known to be widely prevalent in or distrib7 uted within and throughout the United States and that

8 the presence of the plant pest or noxious weed threatens

9 plants or plant products of the United States, the Sec10 retary may—

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

12 remedial measures to, destroy, or otherwise dispose

13 of, any plant, biological control organism, plant

14 product, article, or means of conveyance that the

15 Secretary has reason to believe is infested with the

16 plant pest or noxious weed;

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

18 measures to any premises, including any plants, bio19 logical control organisms, plant products, articles, or

20 means of conveyance on the premises, that the Sec21 retary has reason to believe is infested with the

22 plant pest or noxious weed;

23 (3) quarantine any State or portion of a State

24 in which the Secretary finds the plant pest or nox25 ious weed or any plant, biological control organism,

26 plant product, article, or means of conveyance that
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1 the Secretary has reason to believe is infested with

2 the plant pest or noxious weed; and

3 (4) prohibit or restrict the movement within a

4 State of any plant, biological control organism, plant

5 product, article, or means of conveyance when the

6 Secretary determines that the prohibition or restric7 tion is necessary to prevent the dissemination of the

8 plant pest or noxious weed or to eradicate the plant

9 pest or noxious weed.

10 (b) REQUIRED FINDING OF EMERGENCY.—The Sec11 retary may take action under this section only upon find12 ing, after review and consultation with the Governor or

13 other appropriate official of the State affected, that the

14 measures being taken by the State are inadequate to

15 eradicate the plant pest or noxious weed.

16 (c) NOTIFICATION PROCEDURES.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), before any action is taken in any State

19 under this section, the Secretary shall notify the

20 Governor or other appropriate official of the State

21 affected, issue a public announcement, and file for

22 publication in the Federal Register a statement of

23 the Secretary’s findings, the action the Secretary in24 tends to take, the reasons for the intended action,
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1 and, where practicable, an estimate of the antici2 pated duration of the extraordinary emergency.

3 (2) TIME SENSITIVE ACTIONS.—If it is not pos4 sible to file for publication in the Federal Register

5 prior to taking action, the filing shall be made with6 in a reasonable time, not to exceed 10 business days,

7 after commencement of the action.

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

9 plant, biological control organism, plant product, plant

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

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

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

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

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

15 action that is feasible and that would be adequate to pre16 vent the dissemination of any plant pest or noxious weed

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

18 within and throughout the United States.

19 (e) PAYMENT OF COMPENSATION.—The Secretary

20 may pay compensation to any person for economic losses

21 incurred by them as a result of action taken by the Sec22 retary under this section. The determination by the Sec23 retary of the amount of any compensation to be paid

24 under this subsection shall be final and shall not be sub25 ject to judicial review.
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1 SEC. 106. RECOVERY OF COMPENSATION FOR UNAUTHOR2 IZED ACTIVITIES.

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

4 plant biological control organism, plant product, plant

5 pest, noxious weed, article, or means of conveyance de6 stroyed or otherwise disposed of by the Secretary under

7 section 104 or 105 may bring an action against the United

8 States to recover just compensation for the destruction or

9 disposal of the plant, plant biological control organism,

10 plant product, plant pest, noxious weed, article, or means

11 of conveyance (not including compensation for loss due to

12 delays incident to determining eligibility for importation,

13 entry, exportation, movement in interstate commerce, or

14 release into the environment), but only if the owner estab15 lishes that the destruction or disposal was not authorized

16 under this Act.

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

18 this section shall be brought not later than one year after

19 the destruction or disposal of the plant, plant biological

20 control organism, plant product, plant pest, noxious weed,

21 article, or means of conveyance involved. The action may

22 be brought in any United States District Court where the

23 owner is found, resides, transacts business, is licensed to

24 do business, or is incorporated.

25 (c) PAYMENT OF JUDGMENTS.—Any judgment ren26 dered in favor of the owner shall be paid out of the money
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1 in the Treasury appropriated for plant pest control activi2 ties of the Department of Agriculture.

3 SEC. 107. CONTROL OF GRASSHOPPERS AND MORMON

4 CRICKETS.

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

6 funds pursuant to this section, the Secretary of Agri7 culture shall carry out a program to control grasshoppers

8 and Mormon Crickets on all Federal lands to protect

9 rangeland.

10 (b) TRANSFER AUTHORITY.—

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

12 upon the request of the Secretary of Agriculture, the

13 Secretary of the Interior shall transfer to the Sec14 retary of Agriculture, from any no-year appropria15 tions, funds for the prevention, suppression, and

16 control of actual or potential grasshopper and Mor17 mon Cricket outbreaks on Federal lands under the

18 jurisdiction of the Secretary of the Interior. The

19 transferred funds shall be available only for the pay20 ment of obligations incurred on such Federal lands.

21 (2) TRANSFER REQUESTS.—Requests for the

22 transfer of funds pursuant to this subsection shall

23 be made as promptly as possible by the Secretary of

24 Agriculture.
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1 (3) LIMITATION.—Funds transferred pursuant

2 to this subsection may not be used by the Secretary

3 of Agriculture until funds specifically appropriated

4 to the Secretary of Agriculture for grasshopper con5 trol have been exhausted.

6 (4) REPLENISHMENT OF TRANSFERRED

7 FUNDS.—Funds transferred pursuant to this section

8 shall be replenished by supplemental or regular ap9 propriations, which shall be requested as promptly

10 as possible.

11 (c) TREATMENT FOR GRASSHOPPERS AND MORMON

12 CRICKETS.—

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

14 funds pursuant to this section, on request of the ad15 ministering agency or the agriculture department of

16 an affected State, the Secretary of Agriculture, to

17 protect rangeland, shall immediately treat Federal,

18 State, or private lands that are infested with grass19 hoppers or Mormon Crickets at levels of economic

20 infestation, unless the Secretary determines that de21 laying treatment will not cause greater economic

22 damage to adjacent owners of rangeland.

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

24 section, the Secretary of Agriculture shall work in

25 conjunction with other Federal, State, and private
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1 prevention, control, or suppression efforts to protect

2 rangeland.

3 (d) FEDERAL COST SHARE OF TREATMENT.—

4 (1) CONTROL ON FEDERAL LANDS.—Out of

5 funds made available or transferred under this sec6 tion, the Secretary of Agriculture shall pay 100 per7 cent of the cost of grasshopper or Mormon Cricket

8 control on Federal lands to protect rangeland.

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

10 made available under this section, the Secretary of

11 Agriculture shall pay 50 percent of the cost of grass12 hopper or Mormon Cricket control on State lands.

13 (3) CONTROL ON PRIVATE LANDS.—Out of

14 funds made available under this section, the Sec15 retary of Agriculture shall pay 33.3 percent of the

16 cost of grasshopper or Mormon Cricket control on

17 private lands.

18 (e) TRAINING.—From appropriated funds made

19 available or transferred by the Secretary of the Interior

20 to the Secretary of Agriculture for such purposes, the Sec21 retary of Agriculture shall provide adequate funding for

22 a program to train personnel to accomplish effectively the

23 objective of this section.
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1 SEC. 108. CERTIFICATION FOR EXPORTS.

2 The Secretary may certify as to the freedom of

3 plants, plant products, or biological control organisms

4 from plant pests or noxious weeds or exposure of plants,

5 plant products, or biological control organisms to plant

6 pests or noxious weeds according to the phytosanitary or

7 other requirements of the countries to which the plants,

8 plant products, or biological control organisms may be ex9 ported.

10 TITLE II—INSPECTION AND

11 ENFORCEMENT

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

13 (a) ROLE OF ATTORNEY GENERAL.—The activities

14 authorized by this section shall be carried out consistent

15 with guidelines approved by the Attorney General.

16 (b) WARRANTLESS INSPECTIONS.—The Secretary

17 may stop and inspect, without a warrant, any person or

18 means of conveyance moving—

19 (1) into the United States to determine whether

20 the person or means of conveyance is carrying any

21 plant, plant product, biological control organism,

22 plant pest, noxious weed, or article subject to this

23 Act;

24 (2) in interstate commerce upon probable cause

25 to believe that the person or means of conveyance is

26 carrying any plant, plant product, biological control
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1 organism, plant pest, noxious weed, or article subject

2 to this Act; and

3 (3) in intrastate commerce from or within any

4 State, portion of a State, or premises quarantined as

5 part of a extraordinary emergency declared under

6 section 105 upon probable cause to believe that the

7 person or means of conveyance is carrying any plant,

8 plant product, biological control organism, plant

9 pest, noxious weed, or article regulated under such

10 section or is moving subject to such section.

11 (c) INSPECTIONS WITH A WARRANT.—

12 (1) GENERAL AUTHORITY.—The Secretary may

13 enter, with a warrant, any premises in the United

14 States for the purpose of conducting investigations

15 or making inspections and seizures under this Act.

16 (2) APPLICATION AND ISSUANCE OF A WAR17 RANT.—Upon proper oath or affirmation showing

18 probable cause to believe that there is on certain

19 premises any plant, plant product, biological control

20 organism, plant pest, noxious weed, article, facility,

21 or means of conveyance regulated under this Act, a

22 United States judge, a judge of a court of record in

23 the United States, or a United States magistrate

24 judge may, within the judge’s or magistrate’s juris25 diction, issue a warrant for the entry upon the
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1 premises to conduct any investigation or make any

2 inspection or seizure under this Act. The warrant

3 may be applied for and executed by the Secretary or

4 any United States Marshal.

5 SEC. 202. COLLECTION OF INFORMATION.

6 The Secretary may gather and compile information

7 and conduct any investigations the Secretary considers

8 necessary for the administration and enforcement of this

9 Act.

10 SEC. 203. SUBPOENA AUTHORITY.

11 (a) AUTHORITY TO ISSUE.—The Secretary shall have

12 power to subpoena the attendance and testimony of any

13 witness, and the production of all documentary evidence

14 relating to the administration or enforcement of this Act

15 or any matter under investigation in connection with this

16 Act.

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

18 any witness and production of documentary evidence may

19 be required from any place in the United States at any

20 designated place of hearing.

21 (c) ENFORCEMENT OF SUBPOENA.—In case of dis22 obedience to a subpoena by any person, the Secretary may

23 request the Attorney General to invoke the aid of any

24 court of the United States within the jurisdiction in which

25 the investigation is conducted, or where the person resides,
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1 is found, transacts business, is licensed to do business, or

2 is incorporated, in requiring the attendance and testimony

3 of any witness and the production of documentary evi4 dence. In case of a refusal to obey a subpoena issued to

5 any person, a court may order the person to appear before

6 the Secretary and give evidence concerning the matter in

7 question or to produce documentary evidence. Any failure

8 to obey the court’s order may be punished by the court

9 as a contempt of the court.

10 (d) COMPENSATION.—Witnesses summoned by the

11 Secretary shall be paid the same fees and mileage that

12 are paid to witnesses in courts of the United States, and

13 witnesses whose depositions are taken and the persons

14 taking the depositions shall be entitled to the same fees

15 that are paid for similar services in the courts of the

16 United States.

17 (e) PROCEDURES.—The Secretary shall publish pro18 cedures for the issuance of subpoenas under this section.

19 Such procedures shall include a requirement that sub20 poenas be reviewed for legal sufficiency and signed by the

21 Secretary. If the authority to sign a subpoena is delegated,

22 the agency receiving the delegation shall seek review for

23 legal sufficiency outside that agency.

24 (f) SCOPE OF SUBPOENA.—Subpoenas for witnesses

25 to attend court in any judicial district or to testify or
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1 produce evidence at an administrative hearing in any judi2 cial district in any action or proceeding arising under this

3 Act may run to any other judicial district.

4 SEC. 204. PENALTIES FOR VIOLATION.

5 (a) CRIMINAL PENALTIES.—Any person who know6 ingly violates this Act, or who knowingly forges, counter7 feits, or, without authority from the Secretary, uses, al8 ters, defaces, or destroys any certificate, permit, or other

9 document provided for in this Act shall be guilty of a mis10 demeanor, and, upon conviction, shall be fined in accord11 ance with the provisions of title 18, United States Code,

12 imprisoned for a period not exceeding one year, or fined

13 and imprisoned.

14 (b) CIVIL PENALTIES.—

15 (1) IN GENERAL.—Any person who violates this

16 Act, or who forges, counterfeits, or, without author17 ity from the Secretary, uses, alters, defaces, or de18 stroys any certificate, permit, or other document

19 provided for in this Act may, after notice and oppor20 tunity for a hearing on the record, be assessed a

21 civil penalty by the Secretary which does not exceed

22 the greater of—

23 (A) $50,000 in the case of any individual

24 (except that the civil penalty may not exceed

25 $1,000 in the case of an initial violation of this
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1 Act by an individual moving regulated articles

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

3 of any other person for each violation, and

4 $500,000 for all violations adjudicated in a sin5 gle proceeding; or

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

7 any violation or forgery, counterfeiting, or un8 authorized use, defacing or destruction of a cer9 tificate, permit, or other document provided for

10 in this Act that results in the person deriving

11 pecuniary gain or causing pecuniary loss to an12 other.

13 (2) FACTORS IN DETERMINING CIVIL PEN14 ALTY.—In determining the amount of a civil penalty,

15 the Secretary shall take into account the nature, cir16 cumstance, extent, and gravity of the violation or

17 violations and the Secretary may consider, with re18 spect to the violator, ability to pay, effect on ability

19 to continue to do business, any history of prior viola20 tions, the degree of culpability, and any other factors

21 the Secretary deems appropriate.

22 (3) SETTLEMENT OF CIVIL PENALTIES.—The

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

24 without conditions, any civil penalty that may be as25 sessed under this subsection.
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1 (4) FINALITY OF ORDERS.—The order of the

2 Secretary assessing a civil penalty shall be treated as

3 a final order reviewable under chapter 158 of title

4 28, United States Code. The validity of the Sec5 retary’s order may not be reviewed in an action to

6 collect the civil penalty. Any civil penalty not paid in

7 full when due under an order assessing the civil pen8 alty shall thereafter accrue interest until paid at the

9 rate of interest applicable to civil judgments of the

10 courts of the United States.

11 (c) LIABILITY FOR ACTS OF AN AGENT.—When con12 struing and enforcing this Act, the act, omission, or failure

13 of any officer, agent, or person acting for or employed by

14 any other person within the scope of his or her employ15 ment or office, shall be deemed also to be the act, omis16 sion, or failure of the other person.

17 (d) GUIDELINES FOR CIVIL PENALTIES.—The Sec18 retary shall coordinate with the Attorney General to estab19 lish guidelines to determine under what circumstances the

20 Secretary may issue a civil penalty or suitable notice of

21 warning in lieu of prosecution by the Attorney General of

22 a violation of this Act.

23 SEC. 205. ENFORCEMENT ACTIONS OF ATTORNEY GEN24 ERAL.

25 The Attorney General may—
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1 (1) prosecute, in the name of the United States,

2 all criminal violations of this Act that are referred

3 to the Attorney General by the Secretary or are

4 brought to the notice of the Attorney General by any

5 person;

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

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

8 interference by any person with the Secretary in car9 rying out this Act, whenever the Secretary has rea10 son to believe that the person has violated, or is

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

12 about to interfere, with the Secretary; and

13 (3) bring an action for the recovery of any un14 paid civil penalty, funds under reimbursable agree15 ments, late payment penalty, or interest assessed

16 under this Act.

17 SEC. 206. COURT JURISDICTION.

18 (a) IN GENERAL.—The United States district courts,

19 the District Court of Guam, the District Court of the Vir20 gin Islands, the highest court of American Samoa, and

21 the United States courts of other territories and posses22 sions are vested with jurisdiction in all cases arising under

23 this Act. Any action arising under this Act may be

24 brought, and process may be served, in the judicial district

25 where a violation or interference occurred or is about to
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1 occur, or where the person charged with the violation, in2 terference, impending violation, impending interference, or

3 failure to pay resides, is found, transacts business, is li4 censed to do business, or is incorporated.

5 (b) EXCEPTION.—This section does not apply to the

6 imposition of civil penalties under section 204(b).

7 TITLE III—MISCELLANEOUS

8 PROVISIONS

9 SEC. 301. COOPERATION.

10 (a) IN GENERAL.—The Secretary may cooperate with

11 other Federal agencies or entities, States or political sub12 divisions of States, national governments, local govern13 ments of other nations, domestic or international organi14 zations, domestic or international associations, and other

15 persons to carry out this Act.

16 (b) RESPONSIBILITY.—The individual or entity co17 operating with the Secretary shall be responsible for the

18 authority necessary to conduct the operations or take

19 measures on all lands and properties within the foreign

20 country or State, other than those owned or controlled by

21 the United States, and for other facilities and means as

22 the Secretary determines necessary.

23 (c) TRANSFER OF BIOLOGICAL CONTROL METH24 ODS.—The Secretary may transfer to a State, Federal

25 agency, or other person biological control methods uti-
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1 lizing biological control organisms against plant pests or

2 noxious weeds.

3 (d) COOPERATION IN PROGRAM ADMINISTRATION.—

4 The Secretary may cooperate with State authorities or

5 other persons in the administration of programs for the

6 improvement of plants, plant products, and biological con7 trol organisms.

8 SEC. 302. BUILDINGS, LAND, PEOPLE, CLAIMS, AND AGREE9 MENTS.

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

11 maintain all real or personal property for special purposes

12 and employ any persons, make grants, and enter into any

13 contracts, cooperative agreements, memoranda of under14 standing, or other agreements, necessary for carrying out

15 this Act.

16 (b) TORT CLAIMS.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the Secretary may pay tort claims in the

19 manner authorized in the first paragraph of section

20 2672 of title 28, United States Code, when the

21 claims arise outside the United States in connection

22 with activities that are authorized under this Act.

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

24 not be allowed under this subsection unless it is pre-
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1 sented in writing to the Secretary within two years

2 after the claim accrues.

3 SEC. 303. REIMBURSABLE AGREEMENTS.

4 (a) AUTHORITY TO ENTER INTO AGREEMENTS.—

5 The Secretary may enter into reimbursable fee agreements

6 with persons for preclearance of plants, plant products,

7 biological control organisms, and articles at locations out8 side the United States for movement to the United States.

9 (b) FUNDS COLLECTED FOR PRECLEARANCE.—

10 Funds collected for preclearance shall be credited to ac11 counts which may be established by the Secretary for this

12 purpose and shall remain available until expended for the

13 preclearance activities without fiscal year limitation.

14 (c) PAYMENT OF EMPLOYEES.—

15 (1) IN GENERAL.—Notwithstanding any other

16 law, the Secretary may pay employees of the Depart17 ment of Agriculture performing services relating to

18 imports into and exports from the United States, for

19 all overtime, night, or holiday work performed by

20 them, at rates of pay established by the Secretary.

21 (2) REIMBURSEMENT OF THE SECRETARY.—

22 (A) IN GENERAL.—The Secretary may re23 quire persons for whom the services are per24 formed to reimburse the Secretary for any sums

25 of money paid by the Secretary for the services.
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1 (B) USE OF FUNDS.—All funds collected

2 under this subsection shall be credited to the

3 account that incurs the costs and shall remain

4 available until expended without fiscal year lim5 itation.

6 (d) LATE PAYMENT PENALTIES.—

7 (1) COLLECTION.—Upon failure to reimburse

8 the Secretary in accordance with this section, the

9 Secretary may assess a late payment penalty, and

10 the overdue funds shall accrue interest, as required

11 by section 3717 of title 31, United States Code.

12 (2) USE OF FUNDS.—Any late payment penalty

13 and any accrued interest shall be credited to the ac14 count that incurs the costs and shall remain avail15 able until expended without fiscal year limitation.

16 SEC. 304. REGULATIONS AND ORDERS.

17 The Secretary may issue such regulations and orders

18 as the Secretary considers necessary to carry out this Act.

19 SEC. 305. PROTECTION FOR MAIL HANDLERS.

20 This Act shall not apply to any employee of the

21 United States in the performance of the duties of the em22 ployee in handling the mail.

23 SEC. 306. PREEMPTION.

24 (a) REGULATION OF FOREIGN COMMERCE.—No

25 State or political subdivision of a State may regulate in
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1 foreign commerce any article, means of conveyance, plant,

2 biological control organism, plant pest, noxious weed, or

3 plant product in order to control a plant pest or noxious

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

5 the introduction or dissemination of a biological control

6 organism, plant pest or noxious weed.

7 (b) REGULATION OF INTERSTATE COMMERCE.—

8 (1) IN GENERAL.—Except as provided in para9 graph (2), no State or political subdivision of a

10 State may regulate the movement in interstate com11 merce of any article, means of conveyance, plant, bi12 ological control organism, plant pest, noxious weed,

13 or plant product in order to control a plant pest or

14 noxious weed, eradicate a plant pest or noxious

15 weed, or prevent the introduction or dissemination

16 of a biological control organism, plant pest or nox17 ious weed, if the Secretary has issued a regulation

18 or order to prevent the dissemination of the biologi19 cal control organism, plant pest or noxious weed

20 within the United States.

21 (2) EXCEPTIONS.—

22 (A) REGULATIONS CONSISTENT WITH FED23 ERAL REGULATIONS.—A State or a political

24 subdivision of a State may impose prohibitions

25 or restrictions upon the movement in interstate
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1 commerce of articles, means of conveyance,

2 plants, biological control organisms, plant pests,

3 noxious weeds, or plant products that are con4 sistent with and do not exceed the regulations

5 or orders issued by the Secretary.

6 (B) SPECIAL NEED.—A State or political

7 subdivision of a State may impose prohibitions

8 or restrictions upon the movement in interstate

9 commerce of articles, means of conveyance,

10 plants, plant products, biological control orga11 nisms, plant pests, or noxious weeds that are in

12 addition to the prohibitions or restrictions im13 posed by the Secretary, if the State or political

14 subdivision of a State demonstrates to the Sec15 retary and the Secretary finds that there is a

16 special need for additional prohibitions or re17 strictions based on sound scientific data or a

18 thorough risk assessment.

19 SEC. 307. SEVERABILITY.

20 If any provision of this Act or application of any pro21 vision of this Act to any person or circumstances is held

22 invalid, the remainder of this Act and the application of

23 the provision to other persons and circumstances shall not

24 be affected by the invalidity.
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1 SEC. 308. REPEAL OF SUPERSEDED LAWS.

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

3 hereby repealed:

4 (1) The Act of August 20, 1912 (commonly

5 known as the Plant Quarantine Act; 7 U.S.C. 151–

6 164a, 167).

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

8 150aa et seq., 7 U.S.C. 147a note).

9 (3) Subsections (a) through (e) of section 102

10 of the Department of Agriculture Organic Act of

11 1944 (7 U.S.C. 147a).

12 (4) The Federal Noxious Weed Act of 1974 (7

13 U.S.C. 2801 et seq.), except section 15 of such Act

14 (7 U.S.C. 2814).

15 (5) The Act of January 31, 1942 (commonly

16 known as the Mexican Border Act; 7 U.S.C. 149).

17 (6) The Joint Resolution of April 6, 1937 (com18 monly known as the Insect Control Act; 7 U.S.C.

19 148 et seq.).

20 (7) The Act of August 28, 1950 (Public Law

21 735; 7 U.S.C. 2260).

22 (8) The Halogeton Glomeratus Act (7 U.S.C.

23 1651 et seq.).

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

25 seq.).
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1 (10) Section 1773 of the Food Security Act of

2 1985 (Public Law 99–198; 7 U.S.C. 148f).

3 (b) EMERGENCY TRANSFER AUTHORITY REGARDING

4 PLANT PESTS.—The first section of Public Law 97–46

5 (7 U.S.C. 147b) is amended—

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

7 (2) by striking ‘‘section 102 of the Act of Sep8 tember 21, 1944, as amended (7 U.S.C. 147a),

9 and’’.

10 (c) EFFECT ON REGULATIONS.—Regulations issued

11 under the authority of a provision of law repealed by sub12 section (a) shall remain in effect until such time as the

13 Secretary issues a regulation under section 304 that su14 persedes the earlier regulation.

15 TITLE IV—AUTHORIZATION OF

16 APPROPRIATIONS

17 SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated such

19 amounts as may be necessary to carry out this Act. Except

20 as specifically authorized by law, no part of the money

21 appropriated under this section shall be used to pay in22 demnities for property injured or destroyed by or at the

23 direction of the Secretary.
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1 SEC. 402. TRANSFER AUTHORITY.

2 (a) AUTHORITY TO TRANSFER CERTAIN FUNDS.—

3 In connection with an emergency in which a plant pest

4 or noxious weed threatens any segment of the agricultural

5 production of the United States, the Secretary may trans6 fer from other appropriations or funds available to the

7 agencies or corporations of the Department of Agriculture

8 such amounts as the Secretary considers necessary to be

9 available in the emergency for the arrest, control, eradi10 cation, and prevention of the spread of the plant pest or

11 noxious weed and for related expenses.

12 (b) AVAILABILITY.—Any funds transferred under

13 this section shall remain available for such purposes with14 out fiscal year limitation.

Æ