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. THUR-
MAN, Mr. BOYD, and Mr. HAYES) introduced the following bill; which was
referred to the Committee on Agriculture, and in addition to the Commit-
tees on the Judiciary, Resources, and Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Plant Protection Act’’.
(b) TABLE OF CONTENTS.—The table of contents of
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 Repeal of superseded laws.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.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the detection, control, eradication, suppres-
sion, prevention, or retardation of the spread of
plant pests or noxious weeds is necessary for the
protection of the agriculture, environment, and econ-
omy of the United States;
(2) biological control is often a desirable, low-
risk means of ridding crops and other plants of
plant pests and noxious weeds, and its use should be
facilitated by the Department of Agriculture, other
Federal agencies, and States whenever feasible;
(3) the smooth movement of enterable plants,
plant products, biological control organisms, or other
articles into, out of, or within the United States is
vital to the Nation’s economy and should be facili-
tated to the extent possible;
(4) export markets could be severely impacted
by the introduction or spread of plant pests or nox-
ious weeds into or within the United States;
(5) the unregulated movement of plant pests,
noxious weeds, plants, certain biological control or-
ganisms, plant products, and articles capable of har-
boring plant pests or noxious weeds could present an
unacceptable risk of introducing or spreading plant
pests or noxious weeds;
(6) the existence on any premises in the United
States of a plant pest or noxious weed new to or not
known to be widely prevalent in or distributed within
and throughout the United States could constitute a
threat to crops and other plants or plant products
of the United States and burden interstate com-
merce or foreign commerce; and
(7) all plant pests, noxious weeds, plants, plant
products, articles capable of harboring plant pests or
noxious weeds regulated under this Act are in or af-
fect interstate commerce or foreign commerce.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) ARTICLE.—The term ‘‘article’’ means any
material or tangible object that could harbor plant
pests or noxious weeds.
(2) BIOLOGICAL
CONTROL
ORGANISM.—The
term ‘‘biological control organism’’ means any
enemy, antagonist, or competitor used to control a
plant pest or noxious weed.
(3) ENTER AND ENTRY.—The terms ‘‘enter’’
and ‘‘entry’’ mean to move into, or the act of move-
ment into, the commerce of the United States.
(4) EXPORT
AND
EXPORTATION.—The terms
‘‘export’’ and ‘‘exportation’’ mean to move from, or
the act of movement from, the United States to any
place outside of the United States.
(5) IMPORT
AND
IMPORTATION.—The terms
‘‘import’’ and ‘‘importation’’ mean to move into, or
the act of movement into, the territorial limits of
the United States.
(6) 
INTERSTATE.—The 
term 
‘‘interstate’’
means—
(A) from one State into or through any
other State; or
(B) within the District of Columbia,
Guam, the Virgin Islands of the United States,
or any other territory or possession of the
United States.
(7) INTERSTATE COMMERCE.—The term ‘‘inter-
state commerce’’ means trade, traffic, or other
commerce—
(A) between a place in a State and a point
in another State, or between points within the
same State but through any place outside that
State; or
(B) within the District of Columbia,
Guam, the Virgin Islands of the United States,
or any other territory or possession of the
United States.
(8) 
MEANS
OF
CONVEYANCE.—The 
term
‘‘means of conveyance’’ means any personal property
used for or intended for use for the movement of
any other personal property.
(9) MOVE AND RELATED TERMS.—The terms
‘‘move’’, ‘‘moving’’, and ‘‘movement’’ mean—
(A) to carry, enter, import, mail, ship, or
transport;
(B) to aid, abet, cause, or induce the car-
rying, entering, importing, mailing, shipping, or
transporting;
(C) to offer to carry, enter, import, mail,
ship, or transport;
(D) to receive to carry, enter, import, mail,
ship, or transport;
(E) to release into the environment; or
(F) to allow any of the activities described
in a preceding clause.
(10) NOXIOUS
WEED.—The term ‘‘noxious
weed’’ means any plant or plant product that can di-
rectly or indirectly injure or cause damage to crops
(including nursery stock or plant products), live-
stock, poultry, or other interests of agriculture, irri-
gation, navigation, the natural resources of the
United States, the public health, or the environment.
(11) PERMIT.—The term ‘‘permit’’ means a
written or oral authorization, including by electronic
methods, by the Secretary to move plants, plant
products, biological control organisms, plant pests,
noxious weeds, or articles under conditions pre-
scribed by the Secretary.
(12) PERSON.—The term ‘‘person’’ means any
individual, partnership, corporation, association,
joint venture, or other legal entity.
(13) PLANT.—The term ‘‘plant’’ means any
plant (including any plant part) for or capable of
propagation, including trees, tissue cultures, plantlet
cultures, pollen, shrubs, vines, cuttings, grafts, sci-
ons, buds, bulbs, roots, and seeds.
(14) PLANT
PEST.—The term ‘‘plant pest’’
means any living stage of any of the following that
can directly or indirectly injure, cause damage to, or
cause disease in any plant or plant product:
(A) A protozoan.
(B) A nonhuman animal.
(C) A parasitic plant.
(D) A bacteria.
(E) A fungus.
(F) A virus or viroid.
(G) An infectious agent or other pathogen.
(H) Any article similar to or allied with
any of the articles specified in the preceding
subparagraphs.
(15) PLANT PRODUCT.—The term ‘‘plant prod-
uct’’ means—
(A) any flower, fruit, vegetable, root, bulb,
seed, or other plant part that is not included in
the definition of plant; or
(B) any manufactured or processed plant
or plant part.
(16) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Agriculture.
(17) STATE.—The term ‘‘State’’ means any of
the several States of the United States, the Com-
monwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, the District of Co-
lumbia, Guam, the Virgin Islands of the United
States, or any other territory or possession of the
United States.
(18) THIS ACT.—Except when used in this sec-
tion, the term ‘‘this Act’’ includes any regulation or
order issued by the Secretary under the authority of
this Act.
(19) UNITED
STATES.—The term ‘‘United
States’’ means all of the States.
TITLE I—PLANT PROTECTION
SEC. 101. REGULATION OF MOVEMENT OF PLANT PESTS.
(a) PROHIBITION OF UNAUTHORIZED MOVEMENT OF
PLANT PESTS.—Except as provided in subsection (b), no
person shall import, enter, export, or move in interstate
commerce any plant pest, unless the importation, entry,
exportation, or movement is authorized under general or
specific permit and is in accordance with such regulations
as the Secretary may issue to prevent the introduction of
plant pests into the United States or the dissemination
of plant pests within the United States.
(b) AUTHORIZATION
OF
MOVEMENT
OF
PLANT
PESTS BY REGULATION.—
(1) EXCEPTION TO PERMIT REQUIREMENT.—
The Secretary may issue regulations to allow the im-
portation, entry, exportation, or movement in inter-
state commerce of specified plant pests without fur-
ther restriction if the Secretary finds that a permit
under subsection (a) is not necessary.
(2) PETITION
TO
ADD
OR
REMOVE
PLANT
PESTS FROM REGULATION.—Any person may peti-
tion the Secretary to add a plant pest to, or remove
a plant pest from, the regulations issued by the Sec-
retary under paragraph (1).
(3) RESPONSE
TO
PETITION
BY
THE
SEC-
RETARY.—In the case of a petition submitted under
paragraph (2), the Secretary shall act on the peti-
tion within a reasonable time and notify the peti-
tioner of the final action the Secretary takes on the
petition. The Secretary’s determination on the peti-
tion shall be based on sound science.
(c) PROHIBITION OF UNAUTHORIZED MAILING OF
PLANT PESTS.—
(1) IN GENERAL.—Any letter, parcel, box, or
other package containing any plant pest, whether
sealed as letter-rate postal matter or not, is non-
mailable and shall not knowingly be conveyed in the
mail or delivered from any post office or by any mail
carrier, unless the letter, parcel, box, or other pack-
age is mailed in compliance with such regulations as
the Secretary may issue to prevent the dissemination
of plant pests into the United States or interstate.
(2) APPLICATION OF POSTAL LAWS AND REGU-
LATIONS.—Nothing in this subsection authorizes any
person to open any mailed letter or other mailed
sealed matter except in accordance with the postal
laws and regulations.
(d) REGULATIONS.—Regulations issued by the Sec-
retary to implement subsections (a), (b), and (c) may in-
clude provisions requiring that any plant pest imported,
entered, to be exported, moved in interstate commerce,
mailed, or delivered from any post office—
(1) be accompanied by a permit issued by the
Secretary prior to the importation, entry, expor-
tation, movement in interstate commerce, mailing, or
delivery of the plant pest;
(2) be accompanied by a certificate of inspec-
tion issued (in a manner and form required by the
Secretary) by appropriate officials of the country or
State from which the plant pest is to be moved;
(3) be raised under post-entry quarantine con-
ditions by or under the supervision of the Secretary
for the purposes of determining whether the plant
pest may be infested with other plant pests, may
pose a significant risk of causing injury to, damage
to, or disease in any plant or plant product, or may
be a noxious weed; and
(4) be subject to remedial measures the Sec-
retary determines necessary to prevent the spread of
plant pests.
SEC. 102. REGULATION OF MOVEMENT OF PLANTS, PLANT
PRODUCTS, BIOLOGICAL CONTROL ORGA-
NISMS, ARTICLES, NOXIOUS WEEDS, AND
MEANS OF CONVEYANCE.
(a) IN GENERAL.—The Secretary may prohibit or re-
strict the importation, entry, exportation, or movement in
interstate commerce of any plant, plant product, biological
control organism, noxious weed, article, or any means of
conveyance, if the Secretary determines that the prohibi-
tion or restriction is necessary to prevent the introduction
into the United States or the dissemination of a plant pest
or noxious weed within the United States.
(b) REGULATIONS.—The Secretary may issue regula-
tions to implement subsection (a), including regulations
requiring that any plant, plant product, biological control
organism, noxious weed, article, or any means of convey-
ance imported, entered, to be exported, or moved in inter-
state commerce—
(1) be accompanied by a permit issued by the
Secretary prior to the importation, entry, expor-
tation, or movement in interstate commerce;
(2) be accompanied by a certificate of inspec-
tion issued (in a manner and form required by the
Secretary) by appropriate officials of the country or
State from which the plant, plant product, biological
(3) DUTIES OF THE SECRETARY.—In the case
of a petition submitted under paragraph (2), the
Secretary shall act on the petition within a reason-
able time and notify the petitioner of the final action
the Secretary takes on the petition. The Secretary’s
determination on the petition shall be based on
sound science.
(d) BIOLOGICAL CONTROL ORGANISMS.—
(1) REGULATIONS.—In the case of biological
control organisms, the Secretary may publish, by
regulation, a list of organisms whose movement in
interstate commerce is not prohibited or restricted.
Any listing may take into account distinctions be-
tween organisms such as indigenous, non-indigenous,
newly introduced, or commercially raised.
(2) PETITION TO ADD OR REMOVE BIOLOGICAL
CONTROL ORGANISMS FROM THE REGULATIONS.—
Any person may petition the Secretary to add a bio-
logical control organism to, or remove a biological
control organism from, the regulations issued by the
Secretary under this subsection.
(3) DUTIES OF THE SECRETARY.—In the case
of a petition submitted under paragraph (2), the
Secretary shall act on the petition within a reason-
able time and notify the petitioner of the final action
the Secretary takes on the petition. The Secretary’s
determination on the petition shall be based on
sound science.
SEC. 103. NOTIFICATION AND HOLDING REQUIREMENTS
UPON ARRIVAL.
(a) DUTY OF SECRETARY OF THE TREASURY.—
(1) NOTIFICATION.—The Secretary of the
Treasury shall promptly notify the Secretary of Ag-
riculture of the arrival of any plant, plant product,
biological control organism, plant pest, or noxious
weed at a port of entry.
(2) HOLDING.—The Secretary of the Treasury
shall hold a plant, plant product, biological control
organism, plant pest, or noxious weed for which no-
tification is made under paragraph (1) at the port
of entry until the plant, plant product, biological
control organism, plant pest, or noxious weed is—
(A) inspected and authorized for entry into
or transit movement through the United States;
or
(B) otherwise released by the Secretary of
Agriculture.
(3) EXCEPTIONS.—Paragraphs (1) and (2)
shall not apply to any plant, plant product, biological
control organism, plant pest, or noxious weed that is
imported from a country or region of a country des-
ignated by the Secretary of Agriculture, pursuant to
regulations, as exempt from the requirements of
such paragraphs.
(b) DUTY OF RESPONSIBLE PARTIES.—
(1) NOTIFICATION.—The person responsible for
any plant, plant product, biological control organism,
plant pest, noxious weed, article, or means of con-
veyance required to have a permit under section 101
or 102 shall provide the notification described in
paragraph (3) as soon as possible after the arrival
of the plant, plant product, biological control orga-
nism, plant pest, noxious weed, article, or means of
conveyance at a port of entry and before the plant,
plant product, biological control organism, plant
pest, noxious weed, article, or means of conveyance
is moved from the port of entry.
(2) SUBMISSION.—The notification shall be pro-
vided to the Secretary, or at the Secretary’s direc-
tion, the proper official of the State to which the
plant, plant product, biological control organism,
plant pest, noxious weed, article, or means of con-
veyance is destined, or both, as the Secretary may
prescribe.
(3) ELEMENTS OF NOTIFICATION.—The notifi-
cation shall consist of the following:
(A) The name and address of the con-
signee.
(B) The nature and quantity of the plant,
plant product, biological control organism, plant
pest, noxious weed, article, or means of convey-
ance proposed to be moved.
(C) The country and locality where the
plant, plant product, biological control orga-
nism, plant pest, noxious weed, article, or
means of conveyance was grown, produced, or
located.
(c) PROHIBITION ON MOVEMENT OF ITEMS WITH-
OUT AUTHORIZATION.—No person shall move from a port
of entry or interstate any imported plant, plant product,
biological control organism, plant pest, noxious weed, arti-
cle, or means of conveyance unless the imported plant,
plant product, biological control organism, plant pest, nox-
ious weed, article, or means of conveyance—
(1) is inspected and authorized for entry into or
transit movement through the United States; or
(2) is otherwise released by the Secretary.
SEC. 104. GENERAL REMEDIAL MEASURES FOR NEW PLANT
PESTS AND NOXIOUS WEEDS.
(a) AUTHORITY TO HOLD, TREAT, OR DESTROY
ITEMS.—If the Secretary considers it necessary in order
to prevent the dissemination of a plant pest or noxious
weed that is new to or not known to be widely prevalent
or distributed within and throughout the United States,
the Secretary may hold, seize, quarantine, treat, apply
other remedial measures to, destroy, or otherwise dispose
of any plant, plant pest, noxious weed, biological control
organism, plant product, article, or means of conveyance
that—
(1) is moving into or through the United States
or interstate, or has moved into or through the
United States or interstate, and—
(A) the Secretary has reason to believe is
a plant pest or noxious weed or is infested with
a plant pest or noxious weed at the time of the
movement; or
(B) is or has been otherwise in violation of
this Act;
(2) has not been maintained in compliance with
a post-entry quarantine requirement; or
(3) is the progeny of any plant, biological con-
trol organism, plant product, plant pest, or noxious
weed that is moving into or through the United
States or interstate, or has moved into the United
States or interstate, in violation of this Act.
(b) AUTHORITY TO ORDER AN OWNER TO TREAT OR
DESTROY.—
(1) IN GENERAL.—The Secretary may order the
owner of any plant, biological control organism,
plant product, plant pest, noxious weed, article, or
means of conveyance subject to action under sub-
section (a), or the owner’s agent, to treat, apply
other remedial measures to, destroy, or otherwise
dispose of the plant, biological control organism,
plant product, plant pest, noxious weed, article, or
means of conveyance, without cost to the Federal
Government and in the manner the Secretary con-
siders appropriate.
(2) FAILURE
TO
COMPLY.—If the owner or
agent of the owner fails to comply with the Sec-
retary’s order under this subsection, the Secretary
may take an action authorized by subsection (a) and
recover from the owner or agent of the owner the
costs of any care, handling, application of remedial
measures or disposal incurred by the Secretary in
connection with actions taken under subsection (a).
(c) CLASSIFICATION SYSTEM.—
(1) DEVELOPMENT
REQUIRED.—To facilitate
control of noxious weeds, the Secretary may develop
a classification system to describe the status and ac-
tion levels for noxious weeds. The classification sys-
tem may include the current geographic distribution,
relative threat, and actions initiated to prevent intro-
duction or distribution.
(2) MANAGEMENT PLANS.—In conjunction with
the classification system, the Secretary may develop
integrated management plans for noxious weeds for
the geographic region or ecological range where the
noxious weed is found in the United States.
(d) APPLICATION OF LEAST DRASTIC ACTION.—No
plant, biological control organism, plant product, plant
pest, noxious weed, article, or means of conveyance shall
be destroyed, exported, or returned to the shipping point
of origin, or ordered to be destroyed, exported, or returned
to the shipping point of origin under this section unless,
in the opinion of the Secretary, there is no less drastic
action that is feasible and that would be adequate to pre-
vent the dissemination of any plant pest or noxious weed
new to or not known to be widely prevalent or distributed
within and throughout the United States.
the Secretary has reason to believe is infested with
the plant pest or noxious weed; and
(4) prohibit or restrict the movement within a
State of any plant, biological control organism, plant
product, article, or means of conveyance when the
Secretary determines that the prohibition or restric-
tion is necessary to prevent the dissemination of the
plant pest or noxious weed or to eradicate the plant
pest or noxious weed.
(b) REQUIRED FINDING OF EMERGENCY.—The Sec-
retary may take action under this section only upon find-
ing, after review and consultation with the Governor or
other appropriate official of the State affected, that the
measures being taken by the State are inadequate to
eradicate the plant pest or noxious weed.
(c) NOTIFICATION PROCEDURES.—
(1) IN GENERAL.—Except as provided in para-
graph (2), before any action is taken in any State
under this section, the Secretary shall notify the
Governor or other appropriate official of the State
affected, issue a public announcement, and file for
publication in the Federal Register a statement of
the Secretary’s findings, the action the Secretary in-
tends to take, the reasons for the intended action,
and, where practicable, an estimate of the antici-
pated duration of the extraordinary emergency.
(2) TIME SENSITIVE ACTIONS.—If it is not pos-
sible to file for publication in the Federal Register
prior to taking action, the filing shall be made with-
in a reasonable time, not to exceed 10 business days,
after commencement of the action.
(d) APPLICATION OF LEAST DRASTIC ACTION.—No
plant, biological control organism, plant product, plant
pest, noxious weed, article, or means of conveyance shall
be destroyed, exported, or returned to the shipping point
of origin, or ordered to be destroyed, exported, or returned
to the shipping point of origin under this section unless,
in the opinion of the Secretary, there is no less drastic
action that is feasible and that would be adequate to pre-
vent the dissemination of any plant pest or noxious weed
new to or not known to be widely prevalent or distributed
within and throughout the United States.
(e) PAYMENT OF COMPENSATION.—The Secretary
may pay compensation to any person for economic losses
incurred by them as a result of action taken by the Sec-
retary under this section. The determination by the Sec-
retary of the amount of any compensation to be paid
under this subsection shall be final and shall not be sub-
ject to judicial review.
SEC. 106. RECOVERY OF COMPENSATION FOR UNAUTHOR-
IZED ACTIVITIES.
(a) RECOVERY ACTION.—The owner of any plant,
plant biological control organism, plant product, plant
pest, noxious weed, article, or means of conveyance de-
stroyed or otherwise disposed of by the Secretary under
section 104 or 105 may bring an action against the United
States to recover just compensation for the destruction or
disposal of the plant, plant biological control organism,
plant product, plant pest, noxious weed, article, or means
of conveyance (not including compensation for loss due to
delays incident to determining eligibility for importation,
entry, exportation, movement in interstate commerce, or
release into the environment), but only if the owner estab-
lishes that the destruction or disposal was not authorized
under this Act.
(b) TIME FOR ACTION; LOCATION.—An action under
this section shall be brought not later than one year after
the destruction or disposal of the plant, plant biological
control organism, plant product, plant pest, noxious weed,
article, or means of conveyance involved. The action may
be brought in any United States District Court where the
owner is found, resides, transacts business, is licensed to
do business, or is incorporated.
(c) PAYMENT OF JUDGMENTS.—Any judgment ren-
dered in favor of the owner shall be paid out of the money
in the Treasury appropriated for plant pest control activi-
ties of the Department of Agriculture.
SEC. 107. CONTROL OF GRASSHOPPERS AND MORMON
CRICKETS.
(a) IN GENERAL.—Subject to the availability of
funds pursuant to this section, the Secretary of Agri-
culture shall carry out a program to control grasshoppers
and Mormon Crickets on all Federal lands to protect
rangeland.
(b) TRANSFER AUTHORITY.—
(1) IN GENERAL.—Subject to paragraph (3),
upon the request of the Secretary of Agriculture, the
Secretary of the Interior shall transfer to the Sec-
retary of Agriculture, from any no-year appropria-
tions, funds for the prevention, suppression, and
control of actual or potential grasshopper and Mor-
mon Cricket outbreaks on Federal lands under the
jurisdiction of the Secretary of the Interior. The
transferred funds shall be available only for the pay-
ment of obligations incurred on such Federal lands.
(2) TRANSFER
REQUESTS.—Requests for the
transfer of funds pursuant to this subsection shall
be made as promptly as possible by the Secretary of
Agriculture.
(3) LIMITATION.—Funds transferred pursuant
to this subsection may not be used by the Secretary
of Agriculture until funds specifically appropriated
to the Secretary of Agriculture for grasshopper con-
trol have been exhausted.
(4) 
REPLENISHMENT
OF
TRANSFERRED
FUNDS.—Funds transferred pursuant to this section
shall be replenished by supplemental or regular ap-
propriations, which shall be requested as promptly
as possible.
(c) TREATMENT FOR GRASSHOPPERS AND MORMON
CRICKETS.—
(1) IN GENERAL.—Subject to the availability of
funds pursuant to this section, on request of the ad-
ministering agency or the agriculture department of
an affected State, the Secretary of Agriculture, to
protect rangeland, shall immediately treat Federal,
State, or private lands that are infested with grass-
hoppers or Mormon Crickets at levels of economic
infestation, unless the Secretary determines that de-
laying treatment will not cause greater economic
damage to adjacent owners of rangeland.
(2) OTHER PROGRAMS.—In carrying out this
section, the Secretary of Agriculture shall work in
conjunction with other Federal, State, and private
prevention, control, or suppression efforts to protect
rangeland.
(d) FEDERAL COST SHARE OF TREATMENT.—
(1) CONTROL
ON
FEDERAL
LANDS.—Out of
funds made available or transferred under this sec-
tion, the Secretary of Agriculture shall pay 100 per-
cent of the cost of grasshopper or Mormon Cricket
control on Federal lands to protect rangeland.
(2) CONTROL ON STATE LANDS.—Out of funds
made available under this section, the Secretary of
Agriculture shall pay 50 percent of the cost of grass-
hopper or Mormon Cricket control on State lands.
(3) CONTROL
ON
PRIVATE
LANDS.—Out of
funds made available under this section, the Sec-
retary of Agriculture shall pay 33.3 percent of the
cost of grasshopper or Mormon Cricket control on
private lands.
(e) TRAINING.—From appropriated funds made
available or transferred by the Secretary of the Interior
to the Secretary of Agriculture for such purposes, the Sec-
retary of Agriculture shall provide adequate funding for
a program to train personnel to accomplish effectively the
objective of this section.
SEC. 108. CERTIFICATION FOR EXPORTS.
The Secretary may certify as to the freedom of
plants, plant products, or biological control organisms
from plant pests or noxious weeds or exposure of plants,
plant products, or biological control organisms to plant
pests or noxious weeds according to the phytosanitary or
other requirements of the countries to which the plants,
plant products, or biological control organisms may be ex-
ported.
TITLE II—INSPECTION AND
ENFORCEMENT
SEC. 201. INSPECTIONS, SEIZURES, AND WARRANTS.
(a) ROLE OF ATTORNEY GENERAL.—The activities
authorized by this section shall be carried out consistent
with guidelines approved by the Attorney General.
(b) WARRANTLESS INSPECTIONS.—The Secretary
may stop and inspect, without a warrant, any person or
means of conveyance moving—
(1) into the United States to determine whether
the person or means of conveyance is carrying any
plant, plant product, biological control organism,
plant pest, noxious weed, or article subject to this
Act;
(2) in interstate commerce upon probable cause
to believe that the person or means of conveyance is
carrying any plant, plant product, biological control
organism, plant pest, noxious weed, or article subject
to this Act; and
(3) in intrastate commerce from or within any
State, portion of a State, or premises quarantined as
part of a extraordinary emergency declared under
section 105 upon probable cause to believe that the
person or means of conveyance is carrying any plant,
plant product, biological control organism, plant
pest, noxious weed, or article regulated under such
section or is moving subject to such section.
(c) INSPECTIONS WITH A WARRANT.—
(1) GENERAL AUTHORITY.—The Secretary may
enter, with a warrant, any premises in the United
States for the purpose of conducting investigations
or making inspections and seizures under this Act.
(2) APPLICATION
AND
ISSUANCE
OF
A
WAR-
RANT.—Upon proper oath or affirmation showing
probable cause to believe that there is on certain
premises any plant, plant product, biological control
organism, plant pest, noxious weed, article, facility,
or means of conveyance regulated under this Act, a
United States judge, a judge of a court of record in
the United States, or a United States magistrate
judge may, within the judge’s or magistrate’s juris-
diction, issue a warrant for the entry upon the
premises to conduct any investigation or make any
inspection or seizure under this Act. The warrant
may be applied for and executed by the Secretary or
any United States Marshal.
SEC. 202. COLLECTION OF INFORMATION.
The Secretary may gather and compile information
and conduct any investigations the Secretary considers
necessary for the administration and enforcement of this
Act.
SEC. 203. SUBPOENA AUTHORITY.
(a) AUTHORITY TO ISSUE.—The Secretary shall have
power to subpoena the attendance and testimony of any
witness, and the production of all documentary evidence
relating to the administration or enforcement of this Act
or any matter under investigation in connection with this
Act.
(b) LOCATION OF PRODUCTION.—The attendance of
any witness and production of documentary evidence may
be required from any place in the United States at any
designated place of hearing.
(c) ENFORCEMENT OF SUBPOENA.—In case of dis-
obedience to a subpoena by any person, the Secretary may
request the Attorney General to invoke the aid of any
court of the United States within the jurisdiction in which
the investigation is conducted, or where the person resides,
is found, transacts business, is licensed to do business, or
is incorporated, in requiring the attendance and testimony
of any witness and the production of documentary evi-
dence. In case of a refusal to obey a subpoena issued to
any person, a court may order the person to appear before
the Secretary and give evidence concerning the matter in
question or to produce documentary evidence. Any failure
to obey the court’s order may be punished by the court
as a contempt of the court.
(d) COMPENSATION.—Witnesses summoned by the
Secretary shall be paid the same fees and mileage that
are paid to witnesses in courts of the United States, and
witnesses whose depositions are taken and the persons
taking the depositions shall be entitled to the same fees
that are paid for similar services in the courts of the
United States.
(e) PROCEDURES.—The Secretary shall publish pro-
cedures for the issuance of subpoenas under this section.
Such procedures shall include a requirement that sub-
poenas be reviewed for legal sufficiency and signed by the
Secretary. If the authority to sign a subpoena is delegated,
the agency receiving the delegation shall seek review for
legal sufficiency outside that agency.
(f) SCOPE OF SUBPOENA.—Subpoenas for witnesses
to attend court in any judicial district or to testify or
produce evidence at an administrative hearing in any judi-
cial district in any action or proceeding arising under this
Act may run to any other judicial district.
SEC. 204. PENALTIES FOR VIOLATION.
(a) CRIMINAL PENALTIES.—Any person who know-
ingly violates this Act, or who knowingly forges, counter-
feits, or, without authority from the Secretary, uses, al-
ters, defaces, or destroys any certificate, permit, or other
document provided for in this Act shall be guilty of a mis-
demeanor, and, upon conviction, shall be fined in accord-
ance with the provisions of title 18, United States Code,
imprisoned for a period not exceeding one year, or fined
and imprisoned.
(b) CIVIL PENALTIES.—
(1) IN GENERAL.—Any person who violates this
Act, or who forges, counterfeits, or, without author-
ity from the Secretary, uses, alters, defaces, or de-
stroys any certificate, permit, or other document
provided for in this Act may, after notice and oppor-
tunity for a hearing on the record, be assessed a
civil penalty by the Secretary which does not exceed
the greater of—
(A) $50,000 in the case of any individual
(except that the civil penalty may not exceed
$1,000 in the case of an initial violation of this
Act by an individual moving regulated articles
not for monetary gain), $250,000 in the case
of any other person for each violation, and
$500,000 for all violations adjudicated in a sin-
gle proceeding; or
(B) twice the gross gain or gross loss for
any violation or forgery, counterfeiting, or un-
authorized use, defacing or destruction of a cer-
tificate, permit, or other document provided for
in this Act that results in the person deriving
pecuniary gain or causing pecuniary loss to an-
other.
(2) FACTORS
IN
DETERMINING
CIVIL
PEN-
ALTY.—In determining the amount of a civil penalty,
the Secretary shall take into account the nature, cir-
cumstance, extent, and gravity of the violation or
violations and the Secretary may consider, with re-
spect to the violator, ability to pay, effect on ability
to continue to do business, any history of prior viola-
tions, the degree of culpability, and any other factors
the Secretary deems appropriate.
(3) SETTLEMENT OF CIVIL PENALTIES.—The
Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty that may be as-
sessed under this subsection.
(4) FINALITY OF ORDERS.—The order of the
Secretary assessing a civil penalty shall be treated as
a final order reviewable under chapter 158 of title
28, United States Code. The validity of the Sec-
retary’s order may not be reviewed in an action to
collect the civil penalty. Any civil penalty not paid in
full when due under an order assessing the civil pen-
alty shall thereafter accrue interest until paid at the
rate of interest applicable to civil judgments of the
courts of the United States.
(c) LIABILITY FOR ACTS OF AN AGENT.—When con-
struing and enforcing this Act, the act, omission, or failure
of any officer, agent, or person acting for or employed by
any other person within the scope of his or her employ-
ment or office, shall be deemed also to be the act, omis-
sion, or failure of the other person.
(d) GUIDELINES FOR CIVIL PENALTIES.—The Sec-
retary shall coordinate with the Attorney General to estab-
lish guidelines to determine under what circumstances the
Secretary may issue a civil penalty or suitable notice of
warning in lieu of prosecution by the Attorney General of
a violation of this Act.
SEC. 205. ENFORCEMENT ACTIONS OF ATTORNEY GEN-
ERAL.
The Attorney General may—
(1) prosecute, in the name of the United States,
all criminal violations of this Act that are referred
to the Attorney General by the Secretary or are
brought to the notice of the Attorney General by any
person;
(2) bring an action to enjoin the violation of or
to compel compliance with this Act, or to enjoin any
interference by any person with the Secretary in car-
rying out this Act, whenever the Secretary has rea-
son to believe that the person has violated, or is
about to violate this Act, or has interfered, or is
about to interfere, with the Secretary; and
(3) bring an action for the recovery of any un-
paid civil penalty, funds under reimbursable agree-
ments, late payment penalty, or interest assessed
under this Act.
SEC. 206. COURT JURISDICTION.
(a) IN GENERAL.—The United States district courts,
the District Court of Guam, the District Court of the Vir-
gin Islands, the highest court of American Samoa, and
the United States courts of other territories and posses-
sions are vested with jurisdiction in all cases arising under
this Act. Any action arising under this Act may be
brought, and process may be served, in the judicial district
where a violation or interference occurred or is about to
occur, or where the person charged with the violation, in-
terference, impending violation, impending interference, or
failure to pay resides, is found, transacts business, is li-
censed to do business, or is incorporated.
(b) EXCEPTION.—This section does not apply to the
imposition of civil penalties under section 204(b).
TITLE III—MISCELLANEOUS
PROVISIONS
SEC. 301. COOPERATION.
(a) IN GENERAL.—The Secretary may cooperate with
other Federal agencies or entities, States or political sub-
divisions of States, national governments, local govern-
ments of other nations, domestic or international organi-
zations, domestic or international associations, and other
persons to carry out this Act.
(b) RESPONSIBILITY.—The individual or entity co-
operating with the Secretary shall be responsible for the
authority necessary to conduct the operations or take
measures on all lands and properties within the foreign
country or State, other than those owned or controlled by
the United States, and for other facilities and means as
the Secretary determines necessary.
(c) TRANSFER
OF BIOLOGICAL CONTROL METH-
ODS.—The Secretary may transfer to a State, Federal
agency, or other person biological control methods uti-
lizing biological control organisms against plant pests or
noxious weeds.
(d) COOPERATION IN PROGRAM ADMINISTRATION.—
The Secretary may cooperate with State authorities or
other persons in the administration of programs for the
improvement of plants, plant products, and biological con-
trol organisms.
SEC. 302. BUILDINGS, LAND, PEOPLE, CLAIMS, AND AGREE-
MENTS.
(a) IN GENERAL.—The Secretary may acquire and
maintain all real or personal property for special purposes
and employ any persons, make grants, and enter into any
contracts, cooperative agreements, memoranda of under-
standing, or other agreements, necessary for carrying out
this Act.
(b) TORT CLAIMS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary may pay tort claims in the
manner authorized in the first paragraph of section
2672 of title 28, United States Code, when the
claims arise outside the United States in connection
with activities that are authorized under this Act.
(2) REQUIREMENTS OF CLAIM.—A claim may
not be allowed under this subsection unless it is pre-
sented in writing to the Secretary within two years
after the claim accrues.
SEC. 303. REIMBURSABLE AGREEMENTS.
(a) AUTHORITY TO ENTER INTO AGREEMENTS.—
The Secretary may enter into reimbursable fee agreements
with persons for preclearance of plants, plant products,
biological control organisms, and articles at locations out-
side the United States for movement to the United States.
(b) FUNDS
COLLECTED
FOR
PRECLEARANCE.—
Funds collected for preclearance shall be credited to ac-
counts which may be established by the Secretary for this
purpose and shall remain available until expended for the
preclearance activities without fiscal year limitation.
(c) PAYMENT OF EMPLOYEES.—
(1) IN GENERAL.—Notwithstanding any other
law, the Secretary may pay employees of the Depart-
ment of Agriculture performing services relating to
imports into and exports from the United States, for
all overtime, night, or holiday work performed by
them, at rates of pay established by the Secretary.
(2) REIMBURSEMENT OF THE SECRETARY.—
(A) IN GENERAL.—The Secretary may re-
quire persons for whom the services are per-
formed to reimburse the Secretary for any sums
of money paid by the Secretary for the services.
(B) USE OF FUNDS.—All funds collected
under this subsection shall be credited to the
account that incurs the costs and shall remain
available until expended without fiscal year lim-
itation.
(d) LATE PAYMENT PENALTIES.—
(1) COLLECTION.—Upon failure to reimburse
the Secretary in accordance with this section, the
Secretary may assess a late payment penalty, and
the overdue funds shall accrue interest, as required
by section 3717 of title 31, United States Code.
(2) USE OF FUNDS.—Any late payment penalty
and any accrued interest shall be credited to the ac-
count that incurs the costs and shall remain avail-
able until expended without fiscal year limitation.
SEC. 304. REGULATIONS AND ORDERS.
The Secretary may issue such regulations and orders
as the Secretary considers necessary to carry out this Act.
SEC. 305. PROTECTION FOR MAIL HANDLERS.
This Act shall not apply to any employee of the
United States in the performance of the duties of the em-
ployee in handling the mail.
SEC. 306. PREEMPTION.
(a) REGULATION
OF
FOREIGN
COMMERCE.—No
State or political subdivision of a State may regulate in