H. R. 2559—96
until expended for the preclearance activities without fiscal year
limitation.
(c) PAYMENT OF EMPLOYEES.—
(1) IN GENERAL.—Notwithstanding any other law, the Sec-
retary may pay employees of the Department 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 require persons
for whom the services are performed 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 para-
graph shall be credited to the account that incurs the
costs and shall remain available until expended without
fiscal year limitation.
(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 account that incurs
the costs and shall remain available until expended without
fiscal year limitation.
SEC. 434. REGULATIONS AND ORDERS.
The Secretary may issue such regulations and orders as the
Secretary considers necessary to carry out this title.
SEC. 435. PROTECTION FOR MAIL HANDLERS.
This title shall not apply to any employee of the United States
in the performance of the duties of the employee in handling the
mail.
SEC. 436. 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—
(1) to control a plant pest or noxious weed;
(2) to eradicate a plant pest or noxious weed; or
(3) prevent the introduction or dissemination of a biological
control organism, plant pest, or noxious weed.
(b) REGULATION OF INTERSTATE COMMERCE.—
(1) IN GENERAL.—Except as provided in paragraph (2), no
State or political subdivision of a State may regulate the move-
ment in interstate commerce of any article, means of convey-
ance, 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 orga-
nism, 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.
H. R. 2559—97
(2) EXCEPTIONS.—
(A) REGULATIONS CONSISTENT WITH FEDERAL REGULA-
TIONS.—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 consistent with and do
not exceed the regulations or orders issued by the Sec-
retary.
(B) SPECIAL
NEED.—A State or political subdivision
of a State may impose prohibitions or restrictions upon
the movement in interstate commerce of articles, means
of conveyance, plants, plant products, biological control
organisms, plant pests, or noxious weeds that are in addi-
tion to the prohibitions or restrictions imposed by the Sec-
retary, if the State or political subdivision of a State dem-
onstrates to the Secretary and the Secretary finds that
there is a special need for additional prohibitions or restric-
tions based on sound scientific data or a thorough risk
assessment.
SEC. 437. SEVERABILITY.
If any provision of this title or application of any provision
of this title to any person or circumstances is held invalid, the
remainder of this title and the application of the provision to
other persons and circumstances shall not be affected by the inva-
lidity.
SEC. 438. REPEAL OF SUPERSEDED LAWS.
(a) REPEAL.—The following provisions of law are repealed:
(1) The Act of August 20, 1912 (commonly known as the
‘‘Plant Quarantine Act’’) (7 U.S.C. 151–164a, 167).
(2) The Federal Plant Pest Act (7 U.S.C. 150aa et seq.
and 7 U.S.C. 147a note).
(3) Subsections (a) through (e) of section 102 of the Depart-
ment of Agriculture Organic Act of 1944 (7 U.S.C. 147a).
(4) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801
et seq.), except the first section and section 15 of that Act
(7 U.S.C. 2801 note and 7 U.S.C. 2814).
(5) The Act of January 31, 1942 (commonly known as
the ‘‘Mexican Border Act’’) (7 U.S.C. 149).
(6) The Joint Resolution of April 6, 1937 (commonly known
as the ‘‘Insect Control Act’’) (7 U.S.C. 148 et seq.).
(7) The Halogeton Glomeratus Act (7 U.S.C. 1651 et seq.).
(8) The Golden Nematode Act (7 U.S.C. 150 et seq.).
(9) Section 1773 of the Food Security Act of 1985 (Public
Law 99–198; 7 U.S.C. 148f ).
(b) EMERGENCY
TRANSFER
AUTHORITY
REGARDING
PLANT
PESTS.—The first section of Public Law 97–46 (7 U.S.C. 147b)
is amended—
(1) by striking ‘‘plant pests or’’; and
(2) by striking ‘‘section 102 of the Act of September 21,
1944, as amended (7 U.S.C. 147a), and’’.
(c) EFFECT ON REGULATIONS.—Regulations issued under the
authority of a provision of law repealed by subsection (a) shall
remain in effect until such time as the Secretary issues a regulation
under section 434 that supersedes the earlier regulation.
H. R. 2559—98
Subtitle D—Authorization of
Appropriations
SEC. 441. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such amounts as may
be necessary to carry out this title. Except as specifically authorized
by law, no part of the money appropriated under this section shall
be used to pay indemnities for property injured or destroyed by
or at the direction of the Secretary.
SEC. 442. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER CERTAIN FUNDS.—In connection
with an emergency in which a plant pest or noxious weed threatens
any segment of the agricultural production of the United States,
the Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department of
Agriculture such amounts as the Secretary considers necessary
to be available in the emergency for the arrest, control, eradication,
and prevention of the spread of the plant pest or noxious weed
and for related expenses.
(b) AVAILABILITY.—Any funds transferred under this section
shall remain available for such purposes without fiscal year limita-
tion.
TITLE V—INSPECTION ANIMALS
SEC. 501. CIVIL PENALTY.
(a) IN GENERAL.—Any person that causes harm to, or interferes
with, an animal used for the purposes of official inspections by
the Department of Agriculture, may, after notice and opportunity
for a hearing on the record, be assessed a civil penalty by the
Secretary of Agriculture not to exceed $10,000.
(b) FACTORS IN DETERMINING CIVIL PENALTY.—In determining
the amount of a civil penalty, the Secretary shall take into account
the nature, circumstance, extent, and gravity of the offense.
(c) SETTLEMENT OF CIVIL PENALTIES.—The Secretary may com-
promise, modify, or remit, with or without conditions, any civil
penalty that may be assessed under this section.
(d) FINALITY OF ORDERS.—
(1) IN GENERAL.—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 order of the Secretary may not be reviewed in an action
to collect the civil penalty.
(2) INTEREST.—Any civil penalty not paid in full when
due under an order assessing the civil penalty shall thereafter
accrue interest until paid at the rate of interest applicable
to civil judgments of the courts of the United States.
SEC. 502. SUBPOENA AUTHORITY.
(a) IN GENERAL.—The Secretary shall have power to subpoena
the attendance and testimony of any witness, and the production
of all documentary evidence relating to the enforcement of section
501 or any matter under investigation in connection with this
title.
H. R. 2559—99
(b) LOCATION OF PRODUCTION.—The attendance of any witness
and the 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 the case of disobedience
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 con-
ducted, 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 evidence. 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 procedures for
the issuance of subpoenas under this section. Such procedures shall
include a requirement that subpoenas be reviewed for legal suffi-
ciency 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 testify or produce evidence at an
administrative hearing in any judicial district in any action or
proceeding arising under section 501 may run to any other judicial
district.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.