I
105TH CONGRESS
2D SESSION
H. R. 3766
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 30, 1998
Mr. CANADY of Florida 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 subse-
quently 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.
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.—
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
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Sec. 101. Plant pests.
Sec. 102. Restrictions on movement: Plants, plant products, biological control
organisms, articles, noxious weeds and means of conveyance.
Sec. 103. Notification of arrival and inspection before movement: Plants, plant
products, biological control organisms, plant pests, noxious
weeds, articles, means of conveyance.
Sec. 104. Remedial measures or disposal for plant pests or noxious weeds: Ex-
traordinary emergency.
Sec. 105. Inspections, seizures, and warrants.
Sec. 106. Control of grasshoppers and mormon crickets.
Sec. 107. Cooperation.
Sec. 108. Certification for exports.
Sec. 109. Buildings, land, people, claims, and agreements.
Sec. 110. Reimbursable agreements.
Sec. 111. Violations—penalties.
Sec. 112. Enforcement.
Sec. 113. Appropriations and transfer authority.
Sec. 114. Regulations and orders.
Sec. 115. Preemption.
Sec. 116. Severability.
Sec. 117. Repeals.
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
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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 (unless otherwise speci-
fied):
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(1) ARTICLE.—The term ‘‘article’’ means any
material or tangible object that could harbor pests,
diseases, 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.—The term ‘‘enter’’ means to move
into the commerce of the United States.
(4) ENTRY.—The term ‘‘entry’’ means the act
of movement into the commerce of the United
States.
(5) EXPORT.—The term ‘‘export’’ means to
move from the United States to any place outside of
the United States.
(6) EXPORTATION.—The term ‘‘exportation’’
means the act of movement from the United States
to any place outside the United States.
(7) IMPORT.—The term ‘‘import’’ means to
move into the territorial limits of the United States.
(8) IMPORTATION.—The term ‘‘importation’’
means the act of movement into the territorial limits
of the United States.
(9) 
INTERSTATE.—The 
term 
‘‘interstate’’
means—
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(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.
(10) 
INTERSTATE
COMMERCE.—The 
term
‘‘interstate commerce’’ means trade, traffic, move-
ment, 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.
(11) 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.
(12) MOVE.—
(A) IN
GENERAL.—The term ‘‘move’’
means to—
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(i) carry, enter, import, mail, ship, or
transport;
(ii) aid, abet, cause, or induce the car-
rying, entering, importing, mailing, ship-
ping, or transporting;
(iii) offer to carry, enter, import, mail,
ship, or transport;
(iv) receive to carry, enter, import,
mail, ship, or transport; or
(v) allow any of the activities included
within this paragraph.
(B) MOVEMENT AND MOVING.—The terms
‘‘movement’’ and ‘‘moving’’ shall be defined in
accordance with this paragraph.
(13) NOXIOUS
WEED.—The term ‘‘noxious
weed’’ means any plant, seed, reproductive part, or
propagative part of any plant that can be directly or
indirectly injure or cause damage to crops, including
nursery stock, plant products, livestock, poultry, or
other interests of agriculture (including irrigation,
navigation, the fish or wildlife resources of the
United States, the public health, or the environ-
ment).
(14) PERMIT.—The term ‘‘permit’’ means a
written or oral authorization, including by electronic
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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.
(15) PERSON.—The term ‘‘person’’ means any
individual, partnership, corporation, association,
joint venture, or other legal entity.
(16) PLANT.—The term ‘‘plant’’ means any
plant or plant part for or capable of propagation,
including trees, tissue cultures, plantlet cultures,
pollen, shrubs, vines, cuttings, grafts, scions, buds,
bulbs, roots, and seeds.
(17) PLANT
PEST.—The term ‘‘plant pest’’
means any living stage of a protozoan, animal, bac-
teria, fungus, virus, viroid, infectious agent, or para-
sitic plant that can directly or indirectly injure or
cause damage to, or cause disease in any plant or
plant product or any article similar to or allied with
any of the articles in this paragraph.
(18) PLANT PRODUCT.—The term ‘‘plant prod-
uct’’ means any flower, fruit, vegetable, root, bulb,
seed, or other plant part (not included in the defini-
tion of the term ‘‘plant’’ in paragraph (16)); or any
manufactured or processed plant or plant part.
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(19) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Agriculture or any other in-
dividual to whom authority is delegated by the Sec-
retary under this Act.
(20) 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.
(21) THIS ACT.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the term ‘‘this Act’’ means
the Plant Protection Act and any regulation or
order issued by the Secretary under the Plant
Protection Act.
(B) EXCEPTION.—For the purposes of this
section, the term ‘‘this Act’’ means the Plant
Protection Act.
(22) UNITED
STATES.—The term ‘‘United
States’’ means all of the States.
SEC. 101. PLANT PESTS.
(a) PROHIBITION OF UNAUTHORIZED MOVEMENT OF
PLANT PESTS.—Except as provided in subsection (b), no
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(c) PROHIBITION OF UNAUTHORIZED MAILING OF
PLANT PESTS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), no person shall mail or deliver from any
post office or by any mail carrier any letter or pack-
age containing any plant pest, unless it is mailed in
accordance with such regulations as the Secretary
may issue to prevent the introduction into the
United States or interstate dissemination of plant
pests.
(2) EXCEPTION
FOR
CERTAIN
FEDERAL
EM-
PLOYEES.—This subsection shall not apply to any
employee of the United States in the performance of
the duties of the employee in handling the mail.
(3) APPLICATION OF POSTAL LAWS AND REGU-
LATIONS.—Nothing in this subsection shall author-
ize 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—
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(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. RESTRICTIONS ON MOVEMENT: 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
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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 interstate dissemination of
a plant pest or noxious weed.
(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
control organism, noxious weed, article, or means of
conveyance to be moved;
(3) be subject to remedial measures the Sec-
retary determines to be necessary to prevent the
spread of plant pests or noxious weeds; and
(4) with respect to plants or biological control
organisms, be grown or handled under post-entry
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quarantine conditions by or under the supervision of
the Secretary for the purposes of determining wheth-
er the plant or biological control organism may be
infested with plant pests or may be a plant pest or
noxious weed.
(c) NOXIOUS WEEDS.—
(1) REGULATIONS.—In the case of noxious
weeds, the Secretary may publish, by regulation, a
list of noxious weeds that are prohibited or re-
stricted from entering the United States or that are
subject to restrictions on interstate movement within
the United States.
(2) PETITION
TO
ADD
OR
REMOVE
PLANTS
FROM REGULATION.—
(A) IN GENERAL.—Any person may peti-
tion the Secretary to add or remove a plant spe-
cies from regulations promulgated by the Sec-
retary.
(B) DUTIES
OF
THE
SECRETARY.—The
Secretary shall act on any petition within a rea-
sonable 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.—
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(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.—
(A) IN GENERAL.—Any person may peti-
tion the Secretary to add or remove a biological
control organism from regulations promulgated
by the Secretary.
(B) DUTIES
OF
THE
SECRETARY.—The
Secretary shall act on any petition within a rea-
sonable 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.
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SEC. 103. NOTIFICATION OF ARRIVAL AND INSPECTION BE-
FORE MOVEMENT: PLANTS, PLANT PROD-
UCTS, BIOLOGICAL CONTROL ORGANISMS,
PLANT PESTS, NOXIOUS WEEDS, ARTICLES,
MEANS OF CONVEYANCE.
(a) NOTIFICATION REQUIREMENTS
OF
THE SEC-
RETARY OF THE TREASURY.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary of the Treasury shall
promptly notify the Secretary of the arrival of any
plant, plant product, biological control organism,
plant pest, or noxious weed at a port of entry and
hold the plant, plant product, biological control orga-
nism, plant pest, or noxious weed until inspected
and authorized for entry into or transit movement
through the United States, or otherwise released by
the Secretary.
(2) EXCEPTIONS.—Paragraph (1) shall not
apply to any plant, plant product, biological control
organism, plant pest, or noxious weed that is im-
ported from countries or regions of countries that
the Secretary designates, pursuant to such regula-
tions as the Secretary may issue, as exempt from the
requirements of this subsection.
(b) NOTIFICATION REQUIREMENTS OF RESPONSIBLE
PARTIES.—The person responsible for any plant, plant
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product, biological control organism, plant pest, noxious
weed, article, or means of conveyance required to have a
permit under section 101 or 102 shall promptly, upon ar-
rival at the port of entry and before the plant, plant prod-
uct, biological control organism, plant pest, noxious weed,
article, or means of conveyance is moved from the port
of entry, notify 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, nox-
ious weed, article, or means of conveyance is destined, or
both, as the Secretary may prescribe, of—
(1) the name and address of the consignee;
(2) the nature and quantity of the plant, plant
product, biological control organism, plant pest, nox-
ious weed, article, or means of conveyance proposed
to be moved; and
(3) the country and locality where the plant,
plant product, biological control organism, plant
pest, noxious weed, article, or means of conveyance
was grown, produced, or located.
(c) PROHIBITION ON MOVEMENT OF ITEMS WITH-
OUT AUTHORIZATION.—No person shall move from the
port of entry or interstate any imported plant, plant prod-
uct, biological control organism, plant pest, noxious weed,
article, or means of conveyance unless the imported plant,
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plant product, biological control organism, plant pest, nox-
ious weed, article, or means of conveyance has been in-
spected and authorized for entry into or transit movement
through the United States, or otherwise released by the
Secretary.
SEC. 104. REMEDIAL MEASURES OR DISPOSAL FOR PLANT
PESTS OR NOXIOUS WEEDS: EXTRAORDINARY
EMERGENCY.
(a) IN GENERAL.—
(1) HOLD, TREAT OR DESTROY ITEMS.—Except
as provided in subsection (b)(3), the Secretary may,
whenever the Secretary deems it necessary in order
to prevent the dissemination of any plant pest or
noxious weed new to or not known to be widely prev-
alent or distributed within and throughout the
United States, hold, seize, quarantine, treat, apply
other remedial measures to, destroy, or otherwise
dispose of any plant, plant pest (not including a
plant), biological control organism, plant product,
article, or means of conveyance that—
(A) is moving into or through the United
States or interstate, or has moved into or
through the United States or interstate and—
(i) the Secretary has reason to believe
is a plant pest or noxious weed or is in-
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fested with a plant pest or noxious weed at
the time of the movement; or
(ii) is or has been otherwise in viola-
tion of this Act;
(B) has not been maintained in compliance
with a post-entry quarantine requirement; or
(C) is the progeny of any plant, biological
control 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.
(2) AUTHORITY
TO
ORDER
AN
OWNER
TO
TREAT OR DESTORY.—
(A) IN GENERAL.—Except as provided in
subsection (b)(3) of this section, 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 subsection (a)(1), 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, or means of
conveyance, without cost to the Federal Govern-
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ment and in the manner the Secretary deems
appropriate.
(B) FAILURE
TO
COMPLY
WITH
AN
ORDER.—If the owner or agent of the owner
fails to comply with the Secretary’s order, the
Secretary may take an action authorized by
subsection (a)(1) and recover from the owner or
agent of the owner the costs of any care, han-
dling, application of remedial measures or dis-
posal incurred by the Secretary in connection
with actions taken under subsection (a)(1).
(3) CLASSIFICATION SYSTEM.—
(A) IN GENERAL.—To facilitate control of
noxious weeds, the Secretary may develop a
classification system to describe the status and
action levels for noxious weeds. The classifica-
tion system may include the current geographic
distribution, relative threat, and actions initi-
ated to prevent introduction or distribution.
(B) MANAGEMENT PLANS.—In conjunction
with the classification system, the Secretary
may develop integrated management plans for
noxious weeds for the geographic region or eco-
logical range where the noxious weed is found
in the United States.
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(b) EXTRAORDINARY EMERGENCY.—
(1) AUTHORITY OF THE SECRETARY.—In ac-
cordance with paragraph (2), whenever the Sec-
retary determines that any extraordinary emergency
exists because of the presence of a plant pest or nox-
ious weed new to or not known to be widely preva-
lent in or distributed within and throughout the
United States and that the presence of the plant
pest or noxious weed threatens plants or plant prod-
ucts of the United States, the Secretary may—
(A) hold, seize, quarantine, treat, apply
other remedial measures to, destroy, or other-
wise dispose of, any plant, biological control or-
ganism, plant product, article, or means of con-
veyance that the Secretary has reason to believe
is infested with the plant pest or noxious weed;
(B) quarantine, treat, or apply other reme-
dial measures to any premises, including any
plants, biological control organisms, plant prod-
ucts, articles, or means of conveyance on the
premises, that the Secretary has reason to be-
lieve is infested with the plant pest or noxious
weed;
(C) quarantine any State or portion of a
State in which the Secretary finds the plant
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pest or noxious weed or any plant, biological
control organism, plant product, article, or
means of conveyance that the Secretary has
reason to believe is infested with the plant pest
or noxious weed; and
(D) prohibit or restrict the movement with-
in a State of any plant, biological control orga-
nism, plant product, article, or means of con-
veyance when the Secretary determines that the
prohibition or restriction is necessary to prevent
the dissemination of the plant pest or noxious
weed or to eradicate the plant pest or noxious
weed.
(2) PROCEDURES.—
(A) IN
GENERAL.—The Secretary may
take action under this subsection upon finding,
after review and consultation with the Governor
or other appropriate official of the State, that
the measures being taken by the State are inad-
equate to eradicate the plant pest or noxious
weed.
(B) NOTIFICATION PROCEDURES.—
(i) IN GENERAL.—Except as provided
in clause (ii), before any action is taken in
any State under this subsection, the Sec-
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retary shall notify the Governor or other
appropriate official of the State, issue a
public announcement, and, file for publica-
tion in the Federal Register a statement of
the Secretary’s findings, the action the
Secretary intends to take, the reasons for
the intended action, and, where prac-
ticable, an estimate of the anticipated du-
ration of the extraordinary emergency.
(ii) TIME SENSITIVE ACTIONS.—If it
is not possible to file for publication in the
Federal Register prior to taking action, the
filing shall be made within a reasonable
time, not to exceed 10 business days, after
commencement of the action.
(3) APPLICATION OF LEAST DRASTIC ACTION.—
No plant, biological control organism, plant product,
plant pest, noxious weed, article, or means of con-
veyance shall be destroyed, exported, or returned to
the shipping point of origin, or ordered to be de-
stroyed, exported, or returned to the shipping point
of origin under this section unless, in the opinion of
the Secretary, there is no less drastic action that is
feasible and that would be adequate to prevent the
dissemination of any plant pest or noxious weed new
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to or not known to be widely prevalent or distributed
within and throughout the United States.
(4) PAYMENT OF COMPENSATION.—
(A) IN GENERAL.—The Secretary may pay
compensation to any person for economic losses
incurred by them as a result of action taken by
the Secretary under subsection (b)(1).
(B) FINALITY OF DECISIONS.—The deter-
mination by the Secretary of the amount of any
compensation to be paid under this subsection
shall be final and shall not be subject to judicial
review.
(c) ENFORCEMENT.—
(1) IN
GENERAL.—The owner of any plant,
plant product, plant pest, noxious weed, article, or
means of conveyance destroyed or otherwise disposed
of by the Secretary under this section may bring an
action against the United States in any United
States District Court where the owner is found, re-
sides, transacts business, is licensed to do business,
or is incorporated, within one year after the destruc-
tion or disposal, and recover just compensation for
the destruction or disposal of the plant, biological
control organism, plant product, plant pest, noxious
weed, article, or means of conveyance (not including
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compensation for loss due to delays incident to de-
termining eligibility for importation, entry, expor-
tation, movement in interstate commerce, or release
into the environment) if the owner establishes that
the destruction or disposal was not authorized under
this Act.
(2) PAYMENT OF JUDGMENTS.—Any judgment
rendered in favor of the owner shall be paid out of
the money in the Treasury appropriated for plant
pest control activities of the Department of Agri-
culture.
SEC. 105. INSPECTIONS, SEIZURES, AND WARRANTS.
The Secretary may, consistent with guidelines ap-
proved by the Attorney General:
(1) INSPECTIONS WITHOUT A WARRANT.—Stop
and inspect, without a warrant, any person or means
of conveyance moving—
(A) 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;
(B) in interstate commerce upon probable
cause to believe that the person or means of
conveyance is carrying any plant, plant product,
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biological control organism, plant pest, noxious
weed, or article subject to this Act; and
(C) in intrastate commerce from or within
any State, portion of a State, or premises quar-
antined under section 104(b) 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 section 104(b)
or is moving subject to section 104(b).
(2) INSPECTION WITH A WARRANT.—
(A) IN
GENERAL.—The Secretary may
enter, with a warrant, any premises in the
United States for the purpose of conducting in-
vestigations or making inspections and seizures
under this Act.
(B) APPLICATION
AND
ISSUANCE
OF
A
WARRANT.—Any United States judge, any
judge of a court of record in the United States,
or any United States magistrate judge may,
within the judge’s or magistrate’s jurisdiction,
upon proper oath or affirmation showing prob-
able cause to believe that there is on certain
premises any plant, plant product, biological
control organism, plant pest, noxious weed, arti-
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cle, facility, or means of conveyance regulated
under this Act, 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 exe-
cuted by the Secretary or any United States
Marshal.
SEC. 106. CONTROL OF GRASSHOPPERS AND MORMON
CRICKETS.
(a) IN GENERAL.—Subject to the availability of
funds pursuant to this section, the Secretary shall carry
out a program to control grasshoppers and Mormon Crick-
ets on all Federal lands to protect rangeland.
(b) FUNDING.—
(1) AUTHORITY TO TRANSFER FUNDS.—
(A) IN GENERAL.—Except as provided in
paragraph (2), the Secretary shall expend or
transfer and, upon request, the Secretary of the
Interior shall transfer to the Secretary from
any no-year appropriations, funds for the pre-
vention, suppression, and control of actual or
potential grasshopper and Mormon Cricket out-
breaks on lands under the jurisdiction of the
Federal Government.
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(B) TRANSFER REQUESTS.—Requests for
funds transferred pursuant to this section shall
be made as promptly as possible by the Sec-
retary.
(C) REPLENISHMENT
OF
TRANSFERRED
FUNDS.—Funds transferred pursuant to this
section shall be replenished by supplemental or
regular appropriations, which shall be requested
as promptly as possible.
(2) AVAILABILITY OF DEPARTMENT OF THE IN-
TERIOR
FUNDS.—Funds transferred by the Sec-
retary of the Interior shall be available for the pay-
ment of obligations incurred on Federal lands sub-
ject to the jurisdiction of the Secretary of the Inte-
rior.
(3) LIMITATION.—No funds transferred to the
Secretary from the Secretary of the Interior shall be
made available under this subsection until funds spe-
cifically appropriated to the Secretary for grass-
hopper control have been exhausted.
(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 Department of Agriculture
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of an affected State, the Secretary, to protect range-
land, shall immediately treat Federal, State, or pri-
vate lands that are infested with grasshoppers or
Mormon Crickets at levels of economic infestation,
unless the Secretary determines that delaying treat-
ment will not cause greater economic damage to ad-
jacent owners of rangeland.
(2) OTHER PROGRAMS.—In carrying out this
section, the Secretary shall work in conjunction with
other Federal, State, and private prevention, control,
or suppression efforts to protect rangeland.
(d) FEDERAL COST SHARE OF TREATMENT.—The
Secretary shall—
(1) pay out of appropriated funds made avail-
able to the Secretary or transferred to the Secretary
by the Secretary of the Interior, 100 percent of the
cost of grasshopper or Mormon Cricket control on
Federal lands to protect rangeland; and
(2) pay out appropriated funds made available
to the Secretary—
(A) 50 percent of the cost of the control of
grasshopper or Mormon Cricket on State lands;
and
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(B) 33.3 percent of the cost of the control
of grasshopper or Mormon Cricket on private
lands.
(e) TRAINING.—From appropriated funds made
available or transferred by the Secretary of the Interior
to the Secretary for such purposes, the Secretary shall
provide adequate funding for a program to train personnel
to accomplish effectively the objective of this section.
SEC. 107. COOPERATION.
(a) IN GENERAL.—The Secretary may cooperate with
other Federal agencies, States or political subdivisions of
States, national governments, local governments of other
nations, domestic or international organizations, 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 utiliz-
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ing biological control organisms against plant pests or
noxious weeds.
(d) COOPERATON 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. 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.
SEC. 109. 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.—
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(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 28
U.S.C. 2672 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. 110. 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 United
States Department of Agriculture performing serv-
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ices 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 31 U.S.C. 3717.
(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.
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SEC. 111. VIOLATIONS—PENALTIES.
(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 an individual,
$250,000 in the case of any other person for
each violation; and $500,000 for all violations
adjudicated in a single 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-
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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 section.
(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
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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. 112. ENFORCEMENT.
(a) COLLECTION OF INFORMATION.—
(1) IN GENERAL.—The Secretary may gather
and compile information and conduct any investiga-
tions the Secretary deems necessary for the adminis-
tration and enforcement of this Act. The Secretary
shall at all reasonable times have the right to exam-
ine and copy any documentary evidence of any per-
son being investigated or proceeded against.
(2) SUBPOENAS.—
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(A) IN
GENERAL.—The Secretary shall
have power to subpoena the attendance and tes-
timony of any witness, and the production of all
documentary evidence relating to the adminis-
tration or enforcement of this Act or any mat-
ter under investigation in connection with this
Act.
(B) LOCATION OF PRODUCTION.—The at-
tendance of any witness and production of doc-
umentary evidence may be required from any
place in the United States at any designated
place of hearing.
(C) ENFORCEMENT
OF
SUBPOENA.—In
case of disobedience to a subpoena by any per-
son, 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 per-
son resides, is found, transacts business, is li-
censed to do business, or is incorporated in re-
quiring the attendance and testimony of any
witness and the production of documentary evi-
dence. The court may, in case of a refusal to
obey a subpoena issued to any person, order the
person to appear before the Secretary and give
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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. Witnesses
summoned by the Secretary shall be paid the
same fees and mileage that are paid to wit-
nesses in courts of the United States, and wit-
nesses whose depositions are taken and the per-
sons taking the depositions shall be entitled to
the same fees that are paid for similar services
in the courts of the United States.
(b) AUTHORITY OF THE ATTORNEY GENERAL.—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
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(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.
(c) COURT JURISDICTION.—Except as provided in
section 111(b), the United States district courts, the Dis-
trict Court of Guam, the District Court of the Virgin Is-
lands, the highest court of American Samoa, and the
United States courts of other territories and possessions
are vested with jurisdiction in all cases arising under this
Act. Except as provided in section 111(b), any action aris-
ing under this Act may be brought, and process may be
served in the judicial district where a violation or inter-
ference occurred or is about to occur, or where the person
charged with the violation, interference, impending viola-
tion, impending interference, or failure to pay resides, is
found, transacts business, is licensed to do business, or
is incorporated.
(d) 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.
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SEC. 113. APPROPRIATIONS AND TRANSFER AUTHORITY.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums of money as
may be necessary to carry out this Act. Except as specifi-
cally authorized by law, no part of the money appropriated
under this subsection shall be used to pay indemnities for
property injured or destroyed by or at the direction of the
Secretary.
(b) AUTHORITY TO TRANSFER CERTAIN FUNDS.—
The Secretary may, in connection with an emergency in
which a plant pest or noxious weed threatens any segment
of the agricultural production of the United States, trans-
fer from other appropriations or funds available to the
agencies or corporations of the United States Department
of Agriculture any sum of money as the Secretary may
deem necessary to be available in the emergency for the
arrest, control, eradication, and prevention of the spread
of the plant pest or noxious weed and for related expenses.
Any funds transferred under this subsection shall remain
available for such purposes without fiscal year limitation.
SEC. 114. REGULATIONS AND ORDERS.
The Secretary may issue any regulations or orders
as the Secretary deems necessary to carry out this Act.
The regulations or orders may include, but are not limited
to, provisions concerning—
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(1) notification of arrival plants, plant products,
biological control organisms, plant pests, noxious
weeds, articles, or means of conveyance;
(2) prohibition or restriction of the importation,
entry, exportation, or movement in interstate com-
merce of plants, plant products, biological control or-
ganisms, plant pests, noxious weeds, articles, and
means of conveyance;
(3) holding, seizure, quarantine, treatment, ap-
plication of remedial measures to, destruction, and
disposal of plants, biological control organisms, plant
products, plant pests, noxious weeds, articles, prem-
ises, or means of conveyance;
(4) in the case of an extraordinary emergency,
prohibition or restriction upon the intrastate move-
ment of plants, biological control organisms, plant
pests, noxious weeds, plant products, articles, and
means of conveyance;
(5) payment of compensation;
(6) cooperation with other Federal agencies,
States, political subdivisions of States, national gov-
ernments, local governments of other nations, inter-
national organizations, international associations,
and other persons, entities, and individuals;
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(7) facilitation of transfer of biological control
methods for plant pests or noxious weeds;
(8) negotiation and execution of agreements;
(9) acquisition and maintenance of real and
personal property;
(10) issuance of letters of warming;
(11) compilation of information;
(12) investigations;
(13) transfer of funds for emergencies;
(14) approval of facilities and means of convey-
ance;
(15) denial of approval of facilities and means
of conveyance;
(16) suspension and revocation of approval of
facilities and means of conveyance;
(17) inspection, testing, and certification;
(18) cleaning and disinfection;
(19) designation of ports of entry;
(20) imposition and collection of fees, penalties,
and interest;
(21) making or maintaining records and mark-
ing and identification;
(22) issuance of permits and phytosanitary cer-
tificates;
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(23) establishment of quarantines, post-impor-
tation conditions, and post-entry quarantine condi-
tions;
(24) establishment of treatment requirements;
(25) establishment of conditions for transit
movement through the United States; and
(26) treatment of land for the prevention, sup-
pression, or control of plant pests or noxious weeds.
SEC. 115. PREEMPTION.
(a) REGULATION
OF
FOREIGN
COMMERCE.—No
State or political subdivision of a State may regulate in
foreign commerce any article, means of conveyance, plant,
biological control organism, plant pest, noxious weed, or
plant product in order to control a plant pest or noxious
weed, eradicate a plant pest or noxious weed, or prevent
the introduction or dissemination of a biological control
organism, plant pest or noxious weed.
(b) REGULATION OF INTERSTATE COMMERCE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), no State or political subdivision of a
State may regulate the movement in interstate com-
merce of any article, means of conveyance, plant, bi-
ological control organism, plant pest, noxious weed,
or plant product in order to control a plant pest or
noxious weed, eradicate a plant pest or noxious
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weed, or prevent the introduction or dissemination of
a biological control organism, plant pest or noxious
weed, if the Secretary has issued a regulation or
order to prevent the dissemination of the biological
control organism, plant pest or noxious weed within
the United States.
(2) EXCEPTIONS.—
(A) REGULATIONS CONSISTENT WITH FED-
ERAL
REGULATIONS.—A State or a political
subdivision of a State may impose prohibitions
or restrictions upon the movement in interstate
commerce of articles, means of conveyance,
plants, biological control organisms, plant pests,
noxious weeds, or plant products that are con-
sistent with and do not exceed the regulations
or orders issued by the Secretary.
(B) SPECIAL
LOCAL
NEED.—A State or
political subdivision of a State may impose pro-
hibitions or restrictions upon the movement in
interstate commerce of articles, means of con-
veyance, plants, plant products, biological con-
trol organisms, plant pests, or noxious weeds
that are in addition to the prohibitions or re-
strictions imposed by the Secretary, if the State
or political subdivision of a State demonstrates
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to the Secretary and the Secretary finds that
there is a special need for additional prohibi-
tions or restrictions based on sound scientific
data or a thorough risk assessment.
SEC. 116. SEVERABILITY.
If any provision of this Act or application of any pro-
vision of this Act to any person or circumstances is held
invalid, the remainder of this Act and the application of
the provision to other persons and circumstances shall not
be affected by the invalidity.
SEC. 117. REPEALS.
The following provisions of law are hereby repealed:
(1) The Plant Quarantine Act, as amended (7
U.S.C. 151–164a and 167);
(2) The Federal Plant Pest Act, as amended (7
U.S.C. 150aa–250jj);
(3) Except section 2509(b) of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7
U.S.C. 147a(f)), section 102 of the Department of
Agriculture Organic Act of 1944, as amended (7
U.S.C. 147a);
(4) Except section 1453 of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7
U.S.C. 2814), the Federal Noxious Weed Act of
1974, as amended (7 U.S.C. 2801–2814);
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(5) The Mexican Border Act, as amended (7
U.S.C. 149);
(6) Joint Resolution of April 6, 1937 (7 U.S.C.
148–148e);
(7) The Act of August 28, 1950 (7 U.S.C.
2260);
(8) The Halogeton Glomeratus Act (7 U.S.C.
1651–1656);
(9) The Golden Nematode Act (7 U.S.C. 150–
150g);
(10) The Act of December 23, 1985 (7 U.S.C.
148f); and
(11) The Act of September 25, 1981 (7 U.S.C.
147b).
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