H. R. 2559—72
the application and advancement of biomass processing tech-
nology by—
(A) increasing the confidence and speed with which
new technologies can be scaled up; and
(B) giving rise to processing innovations based on new
knowledge;
(10) the added utility of biobased industrial products devel-
oped through improvements in processing technology would
encourage the design of feedstocks that would meet future
needs more effectively;
(11) the creation of value-added biobased industrial prod-
ucts would create new jobs in construction, manufacturing,
and distribution, as well as new higher-valued exports of prod-
ucts and technology;
(12)(A) because of the relatively short-term time horizon
characteristic of private sector investments, and because many
benefits of biomass processing are in the national interest,
it is appropriate for the Federal Government to provide
precommercial investment in fundamental research and
research-driven innovation in the biomass processing area; and
(B) such an investment would provide a valuable com-
plement to ongoing and past governmental support in the bio-
mass processing area; and
(13) several prominent studies, including studies by the
President’s Committee of Advisors on Science and Technology
and the National Research Council—
(A) support the potential for large research-driven
advances in technologies for production of biobased indus-
trial products as well as associated benefits; and
(B) document the need for a focused, integrated, and
innovation-driven research effort to provide the appropriate
progress in a timely manner.
SEC. 303. DEFINITIONS.
In this title:
(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’
means the Biomass Research and Development Technical
Advisory Committee established by section 306.
(2) BIOBASED INDUSTRIAL PRODUCT.—The term ‘‘biobased
industrial product’’ means fuels, chemicals, building materials,
or electric power or heat produced from biomass.
(3) BIOMASS.—The term ‘‘biomass’’ means any organic
matter that is available on a renewable or recurring basis,
including agricultural crops and trees, wood and wood wastes
and residues, plants (including aquatic plants), grasses, resi-
dues, fibers, and animal wastes, municipal wastes, and other
waste materials.
(4) BOARD.—The term ‘‘Board’’ means the Biomass
Research and Development Board established by section 305.
(5) INITIATIVE.—The term ‘‘Initiative’’ means the Biomass
Research and Development Initiative established under section
307.
(6) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning given the term
in section 102(a) of the Higher Education Act of 1965 (20
U.S.C. 1002(a)).
H. R. 2559—73
(7) NATIONAL LABORATORY.—The term ‘‘national laboratory’’
has the meaning given the term ‘‘laboratory’’ in section 12(d)
of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3710a(d)).
(8) POINT OF CONTACT.—The term ‘‘point of contact’’ means
a point of contact designated under section 304(d).
(9) PROCESSING.—The term ‘‘processing’’ means the deriva-
tion of biobased industrial products from biomass, including—
(A) feedstock production;
(B) harvest and handling;
(C) pretreatment or thermochemical processing;
(D) fermentation;
(E) catalytic processing;
(F) product recovery; and
(G) coproduct production.
(10) RESEARCH
AND
DEVELOPMENT.—The term ‘‘research
and development’’ means research, development, and dem-
onstration.
SEC. 304. COOPERATION AND COORDINATION IN BIOMASS RESEARCH
AND DEVELOPMENT.
(a) IN GENERAL.—The Secretary of Agriculture and the Sec-
retary of Energy shall cooperate with respect to, and coordinate,
policies and procedures that promote research and development
leading to the production of biobased industrial products.
(b) PURPOSES.—The purposes of the cooperation and coordina-
tion shall be—
(1) to understand the key mechanisms underlying the recal-
citrance of biomass for conversion into biobased industrial prod-
ucts;
(2) to develop new and cost-effective technologies that
would result in large-scale commercial production of low cost
and sustainable biobased industrial products;
(3) to ensure that biobased industrial products are devel-
oped in a manner that enhances their economic, energy security,
and environmental benefits; and
(4) to promote the development and use of agricultural
and energy crops for conversion into biobased industrial prod-
ucts.
(c) AREAS.—In carrying out this title, the Secretary of Agri-
culture and the Secretary of Energy, in consultation with heads
of appropriate departments and agencies, shall promote research
and development—
(1) to advance the availability and widespread use of energy
efficient, economically competitive, and environmentally sound
biobased industrial products in a manner that is consistent
with the goals of the United States relating to sustainable
and secure supplies of food, chemicals, and fuel;
(2) to ensure full consideration of Federal land and land
management programs as potential feedstock resources for
biobased industrial products; and
(3) to assess the environmental, economic, and social impact
of production of biobased industrial products from biomass on
a large scale.
(d) POINTS OF CONTACT.—
H. R. 2559—74
(1) IN GENERAL.—To coordinate research and development
programs and activities relating to biobased industrial products
that are carried out by their respective Departments—
(A) the Secretary of Agriculture shall designate, as
the point of contact for the Department of Agriculture,
an officer of the Department of Agriculture appointed by
the President to a position in the Department before the
date of the designation, by and with the advice and consent
of the Senate; and
(B) the Secretary of Energy shall designate, as the
point of contact for the Department of Energy, an officer
of the Department of Energy appointed by the President
to a position in the Department before the date of the
designation, by and with the advice and consent of the
Senate.
(2) DUTIES.—The points of contact shall jointly—
(A) assist in arranging interlaboratory and site-specific
supplemental agreements for research and development
projects relating to biobased industrial products;
(B) serve as cochairpersons of the Board;
(C) administer the Initiative; and
(D) respond in writing to each recommendation of the
Advisory Committee made under section 306(c).
SEC. 305. BIOMASS RESEARCH AND DEVELOPMENT BOARD.
(a) 
ESTABLISHMENT.—There 
is 
established 
the 
Biomass
Research and Development Board, which shall supersede the Inter-
agency Council on Biobased Products and Bioenergy established
by Executive Order No. 13134, to coordinate programs within and
among departments and agencies of the Federal Government for
the purpose of promoting the use of biobased industrial products
by—
(1) maximizing the benefits deriving from Federal grants
and assistance; and
(2) bringing coherence to Federal strategic planning.
(b) MEMBERSHIP.—The Board shall consist of—
(1) the point of contact of the Department of Energy des-
ignated under section 304(d)(1)(B), who shall serve as cochair-
person of the Board;
(2) the point of contact of the Department of Agriculture
designated under section 304(d)(1)(A), who shall serve as
cochairperson of the Board;
(3) a senior officer of each of the Department of the Interior,
the Environmental Protection Agency, the National Science
Foundation, and the Office of Science and Technology Policy,
each of whom shall—
(A) be appointed by the head of the respective agency;
and
(B) have a rank that is equivalent to the rank of
the points of contact; and
(4) at the option of the Secretary of Agriculture and the
Secretary of Energy, other members appointed by the Secre-
taries (after consultation with the members described in para-
graphs (1) through (3)).
(c) DUTIES.—The Board shall—
(1) coordinate research and development activities relating
to biobased industrial products—
H. R. 2559—75
(A) between the Department of Agriculture and the
Department of Energy; and
(B) with other departments and agencies of the Federal
Government; and
(2) provide recommendations to the points of contact con-
cerning administration of this title.
(d) FUNDING.—Each agency represented on the Board is encour-
aged to provide funds for any purpose under this title.
(e) MEETINGS.—The Board shall meet at least quarterly to
enable the Board to carry out the duties of the Board under sub-
section (c).
SEC. 306. BIOMASS RESEARCH AND DEVELOPMENT TECHNICAL
ADVISORY COMMITTEE.
(a) 
ESTABLISHMENT.—There 
is 
established 
the 
Biomass
Research and Development Technical Advisory Committee, which
shall supersede the Advisory Committee on Biobased Products and
Bioenergy established by Executive Order No. 13134—
(1) to advise the Secretary of Energy, the Secretary of
Agriculture, and the points of contact concerning—
(A) the technical focus and direction of requests for
proposals issued under the Initiative; and
(B) procedures for reviewing and evaluating the pro-
posals;
(2) to facilitate consultations and partnerships among
Federal and State agencies, agricultural producers, industry,
consumers, the research community, and other interested
groups to carry out program activities relating to the Initiative;
and
(3) to evaluate and perform strategic planning on program
activities relating to the Initiative.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Advisory Committee shall consist
of—
(A) an individual affiliated with the biobased industrial
products industry;
(B) an individual affiliated with an institution of higher
education who has expertise in biobased industrial prod-
ucts;
(C) two prominent engineers or scientists from govern-
ment or academia who have expertise in biobased industrial
products;
(D) an individual affiliated with a commodity trade
association;
(E) an individual affiliated with an environmental or
conservation organization;
(F) an individual associated with State government
who has expertise in biobased industrial products;
(G) an individual with expertise in energy analysis;
(H) an individual with expertise in the economics of
biobased industrial products;
(I) an individual with expertise in agricultural
economics; and
(J) at the option of the points of contact, other mem-
bers.
(2) APPOINTMENT.—The members of the Advisory Com-
mittee shall be appointed by the points of contact.
H. R. 2559—76
(c) DUTIES.—The Advisory Committee shall—
(1) advise the points of contact with respect to the Initia-
tive; and
(2) evaluate whether, and make recommendations in
writing to the Board to ensure that—
(A) funds authorized for the Initiative are distributed
and used in a manner that is consistent with the goals
of the Initiative;
(B) the points of contact are funding proposals under
this title that are selected on the basis of merit, as deter-
mined by an independent panel of scientific and technical
peers; and
(C) activities under this title are carried out in accord-
ance with this title.
(d) COORDINATION.—To avoid duplication of effort, the Advisory
Committee shall coordinate its activities with those of other Federal
advisory committees working in related areas.
(e) MEETINGS.—The Advisory Committee shall meet at least
quarterly to enable the Advisory Committee to carry out the duties
of the Advisory Committee under subsection (c).
(f ) TERMS.—Members of the Advisory Committee shall be
appointed for a term of 3 years, except that—
(1) one-third of the members initially appointed shall be
appointed for a term of 1 year; and
(2) one-third of the members initially appointed shall be
appointed for a term of 2 years.
SEC. 307. BIOMASS RESEARCH AND DEVELOPMENT INITIATIVE.
(a) IN GENERAL.—The Secretary of Agriculture and the Sec-
retary of Energy, acting through their respective points of contact
and in consultation with the Board, shall establish and carry out
a Biomass Research and Development Initiative under which
competitively awarded grants, contracts, and financial assistance
are provided to, or entered into with, eligible entities to carry
out research on biobased industrial products.
(b) PURPOSES.—The purposes of grants, contracts, and assist-
ance under this section shall be—
(1) to stimulate collaborative activities by a diverse range
of experts in all aspects of biomass processing for the purpose
of conducting fundamental and innovation-targeted research
and technology development;
(2) to enhance creative and imaginative approaches toward
biomass processing that will serve to develop the next genera-
tion of advanced technologies making possible low cost and
sustainable biobased industrial products;
(3) to strengthen the intellectual resources of the United
States through the training and education of future scientists,
engineers, managers, and business leaders in the field of bio-
mass processing; and
(4) to promote integrated research partnerships among col-
leges, universities, national laboratories, Federal and State
research agencies, and the private sector as the best means
of overcoming technical challenges that span multiple research
and engineering disciplines and of gaining better leverage from
limited Federal research funds.
(c) ELIGIBLE ENTITIES.—
H. R. 2559—77
(1) IN GENERAL.—To be eligible for a grant, contract, or
assistance under this section, an applicant shall be—
(A) an institution of higher education;
(B) a national laboratory;
(C) a Federal research agency;
(D) a State research agency;
(E) a private sector entity;
(F) a nonprofit organization; or
(G) a consortium of two or more entities described
in subparagraphs (A) through (F).
(2) ADMINISTRATION.—After consultation with the Board,
the points of contact shall—
(A) publish annually one or more joint requests for
proposals for grants, contracts, and assistance under this
section;
(B) establish a priority in grants, contracts, and assist-
ance under this section for research that—
(i) demonstrates potential for significant advances
in biomass processing;
(ii) demonstrates potential to substantially further
scale-sensitive national objectives such as—
(I) sustainable resource supply;
(II) reduced greenhouse gas emissions;
(III) healthier rural economies; and
(IV) improved strategic security and trade bal-
ances; and
(iii) would improve knowledge of important bio-
mass processing systems that demonstrate potential
for commercial applications;
(C) require that grants, contracts, and assistance under
this section be awarded competitively, on the basis of merit,
after the establishment of procedures that provide for sci-
entific peer review by an independent panel of scientific
and technical peers; and
(D) give preference to applications that—
(i) involve a consortia of experts from multiple
institutions; and
(ii) encourage the integration of disciplines and
application of the best technical resources.
(d) USES OF GRANTS, CONTRACTS, AND ASSISTANCE.—A grant,
contract, or assistance under this section may be used to conduct—
(1) research on process technology for overcoming the recal-
citrance of biomass, including research on key mechanisms,
advanced technologies, and demonstration test beds for—
(A) feedstock pretreatment and hydrolysis of cellulose
and hemicellulose, including new technologies for—
(i) enhanced sugar yields;
(ii) lower overall chemical use;
(iii) less costly materials; and
(iv) cost reduction;
(B) development of novel organisms and other
approaches to substantially lower the cost of cellulase
enzymes and enzymatic hydrolysis, including dedicated cel-
lulase production and consolidated bioprocessing strategies;
and
(C) approaches other than enzymatic hydrolysis for
overcoming the recalcitrance of cellulosic biomass;
H. R. 2559—78
(2) research on technologies for diversifying the range of
products that can be efficiently and cost-competitively produced
from biomass, including research on—
(A) 
metabolic 
engineering 
of 
biological 
systems
(including the safe use of genetically modified crops) to
produce novel products, especially commodity products, or
to increase product selectivity and tolerance, with a
research priority for the development of biobased industrial
products that can compete in performance and cost with
fossil-based products;
(B) catalytic processing to convert intermediates of bio-
mass processing into products of interest;
(C) separation technologies for cost-effective product
recovery and purification;
(D) approaches other than metabolic engineering and
catalytic conversion of intermediates of biomass processing;
(E) 
advanced 
biomass 
gasification 
technologies,
including coproduction of power and heat as an integrated
component of biomass processing, with the possibility of
generating excess electricity for sale; and
(F) related research in advanced turbine and stationary
fuel cell technology for production of electricity from bio-
mass; and
(3) research aimed at ensuring the environmental perform-
ance and economic viability of biobased industrial products
and their raw material input of biomass when considered as
an integrated system, including research on—
(A) the analysis of, and strategies to enhance, the
environmental performance and sustainability of biobased
industrial products, including research on—
(i) accurate measurement and analysis of green-
house gas emissions, carbon sequestration, and carbon
cycling in relation to the life cycle of biobased industrial
products and feedstocks with respect to other alter-
natives;
(ii) evaluation of current and future biomass
resource availability;
(iii) development and analysis of land management
practices and alternative biomass cropping systems
that ensure the environmental performance and
sustainability of biomass production and harvesting;
(iv) the land, air, water, and biodiversity impacts
of large-scale biomass production, processing, and use
of biobased industrial products relative to other alter-
natives; and
(v) biomass gasification and combustion to produce
electricity;
(B) the analysis of, and strategies to enhance, the
economic viability of biobased industrial products, including
research on—
(i) the cost of the required process technology;
(ii) the impact of coproducts, including food, animal
feed, and fiber, on biobased industrial product price
and large-scale economic viability; and
(iii) interactions between an emergent biomass
refining industry and the petrochemical refining infra-
structure; and
H. R. 2559—79
(C) the field and laboratory research related to feed-
stock production with the interrelated goals of enhancing
the sustainability, increasing productivity, and decreasing
the cost of biomass processing, including research on—
(i) altering biomass to make biomass easier and
less expensive to process;
(ii) existing and new agricultural and energy crops
that provide a sustainable resource for conversion to
biobased industrial products while simultaneously
serving as a source for coproducts such as food, animal
feed, and fiber;
(iii) improved technologies for harvest, collection,
transport, storage, and handling of crop and residue
feedstocks; and
(iv) development of economically viable cropping
systems that improve the conservation and restoration
of marginal land; or
(4) any research and development in technologies or proc-
esses determined by the Secretary of Agriculture and the Sec-
retary of Energy, acting through their respective points of con-
tact and in consultation with the Board, to be consistent with
the purposes described in subsection (b) and the priority
described in subsection (c)(2)(B).
(e) TECHNOLOGY AND INFORMATION TRANSFER TO AGRICULTURAL
USERS.—
(1) IN
GENERAL.—The Administrator of the Cooperative
State Research, Education, and Extension Service and the Chief
of the Natural Resources Conservation Service shall ensure
that applicable research results and technologies from the Ini-
tiative are adapted, made available, and disseminated through
their respective services, as appropriate.
(2) REPORT.—Not later than 5 years after the date of the
enactment of this Act, the Administrator of the Cooperative
State Research, Education, and Extension Service and the Chief
of the Natural Resources Conservation Service shall submit
to the committees of Congress with jurisdiction over the Initia-
tive a report on the activities conducted by the services under
this subsection.
(f ) AUTHORIZATION OF APPROPRIATIONS.—In addition to funds
appropriated for biomass research and development under the gen-
eral authority of the Secretary of Energy to conduct research and
development programs (which may also be used to carry out this
title), there are authorized to be appropriated to the Department
of Agriculture to carry out this title $49,000,000 for each of fiscal
years 2000 through 2005.
SEC. 308. ADMINISTRATIVE SUPPORT AND FUNDS.
(a) IN GENERAL.—To the extent administrative support and
funds are not provided by other agencies under subsection (b),
the Secretary of Energy and the Secretary of Agriculture may
provide such administrative support and funds of the Department
of Energy and the Department of Agriculture to the Board and
the Advisory Committee as are necessary to enable the Board
and the Advisory Committee to carry out their duties under this
title.
(b) OTHER AGENCIES.—The heads of the agencies referred to
in section 305(b)(3), and the other members appointed under section
H. R. 2559—80
305(b)(4), may, and are encouraged to, provide administrative sup-
port and funds of their respective agencies to the Board and the
Advisory Committee.
(c) LIMITATION.—Not more than 4 percent of the amount appro-
priated for each fiscal year under section 307(f ) may be used to
pay the administrative costs of carrying out this title.
SEC. 309. REPORTS.
(a) INITIAL REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Energy and the
Secretary of Agriculture shall jointly submit to Congress a report
that—
(1) identifies the points of contact, the members of the
Board, and the members of the Advisory Committee;
(2) describes the status of current biobased industrial
product research and development efforts in both the Federal
Government and private sector;
(3) includes a section prepared by the Board that estab-
lishes a set of criteria to assess the potential of biobased indus-
trial products, which shall include for both biomass production
and transformation into biobased industrial products—
(A) an energy accounting;
(B) an environmental impact assessment; and
(C) an economic assessment; and
(4) describes the research and development goals of the
Initiative, including how funds will be allocated in order to
accomplish those goals.
(b) ANNUAL REPORTS.—For each fiscal year for which funds
are made available to carry out this title, the Secretary of Energy
and the Secretary of Agriculture shall jointly submit to Congress
a detailed report on—
(1) the status and progress of the Initiative, including
a report from the Advisory Committee on whether funds appro-
priated for the Initiative have been distributed and used in
a manner that—
(A) is consistent with the purposes described in section
307(b);
(B) uses the set of criteria established under subsection
(a)(3); and
(C) takes into account any recommendations that have
been made by the Advisory Committee;
(2) the general status of cooperation and research and
development efforts carried out at each agency with respect
to biobased industrial products, including a report from the
Advisory Committee on whether the points of contact are
funding proposals that are selected under section 307(c)(2)(C);
and
(3) the plans of the Secretary of Energy and the Secretary
of Agriculture for addressing concerns raised in the report,
including concerns raised by the Advisory Committee.
SEC. 310. TERMINATION OF AUTHORITY.
The authority provided under this title shall terminate on
December 31, 2005.
H. R. 2559—81
TITLE IV—PLANT PROTECTION ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Plant Protection Act’’.
SEC. 402. FINDINGS.
Congress finds that—
(1) the detection, control, eradication, suppression, preven-
tion, or retardation of the spread of plant pests or noxious
weeds is necessary for the protection of the agriculture, environ-
ment, and economy 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) it is the responsibility of the Secretary to facilitate
exports, imports, and interstate commerce in agricultural prod-
ucts and other commodities that pose a risk of harboring plant
pests or noxious weeds in ways that will reduce, to the extent
practicable, as determined by the Secretary, the risk of dissemi-
nation of plant pests or noxious weeds;
(4) decisions affecting imports, exports, and interstate
movement of products regulated under this title shall be based
on sound science;
(5) the smooth movement of enterable plants, plant prod-
ucts, biological control organisms, or other articles into, out
of, or within the United States is vital to the United State’s
economy and should be facilitated to the extent possible;
(6) export markets could be severely impacted by the
introduction or spread of plant pests or noxious weeds into
or within the United States;
(7) the unregulated movement of plant pests, noxious
weeds, plants, certain biological control organisms, plant prod-
ucts, and articles capable of harboring plant pests or noxious
weeds could present an unacceptable risk of introducing or
spreading plant pests or noxious weeds;
(8) 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 inter-
state commerce or foreign commerce; and
(9) all plant pests, noxious weeds, plants, plant products,
articles capable of harboring plant pests or noxious weeds regu-
lated under this title are in or affect interstate commerce or
foreign commerce.
SEC. 403. DEFINITIONS.
In this title:
(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.
H. R. 2559—82
(3) ENTER
AND
ENTRY.—The terms ‘‘enter’’ and ‘‘entry’’
mean to move into, or the act of movement 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 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 ‘‘interstate com-
merce’’ 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 convey-
ance’’ 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 carrying, entering,
importing, mailing, shipping, or transporting;
(C) to offer to carry, enter, import, mail, ship, or trans-
port;
(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 pre-
ceding subparagraph.
(10) NOXIOUS WEED.—The term ‘‘noxious weed’’ means any
plant or plant product that can directly or indirectly injure
or cause damage to crops (including nursery stock or plant
products), livestock, poultry, or other interests of agriculture,
irrigation, 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 a tree,
a tissue culture, a plantlet culture, pollen, a shrub, a vine,
a cutting, a graft, a scion, a bud, a bulb, a root, and a seed.
H. R. 2559—83
(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 bacterium.
(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 product’’ 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 Sec-
retary of Agriculture.
(17) STATE.—The term ‘‘State’’ means any of the several
States of the United States, the Commonwealth of the Northern
Mariana Islands, the Commonwealth of Puerto Rico, the Dis-
trict of Columbia, Guam, the Virgin Islands of the United
States, or any other territory or possession of the United States.
(18) SYSTEMS
APPROACH.—For the purposes of section
412(e), the term ‘‘systems approach’’ means a defined set of
phytosanitary procedures, at least two of which have an inde-
pendent effect in mitigating pest risk associated with the move-
ment of commodities.
(19) THIS TITLE.—Except when used in this section, the
term ‘‘this title’’ includes any regulation or order issued by
the Secretary under the authority of this title.
(20) UNITED STATES.—The term ‘‘United States’’ means all
of the States.
Subtitle A—Plant Protection
SEC. 411. REGULATION OF MOVEMENT OF PLANT PESTS.
(a) PROHIBITION
OF
UNAUTHORIZED
MOVEMENT
OF
PLANT
PESTS.—Except as provided in subsection (c), 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) REQUIREMENTS FOR PROCESSES.—The Secretary shall ensure
that the processes used in developing regulations under subsection
(a) governing consideration of import requests are based on sound
science and are transparent and accessible.
(c) AUTHORIZATION OF MOVEMENT OF PLANT PESTS BY REGULA-
TION.—
(1) EXCEPTION TO PERMIT REQUIREMENT.—The Secretary
may issue regulations to allow the importation, entry, expor-
tation, or movement in interstate commerce of specified plant
H. R. 2559—84
pests without further restriction if the Secretary finds that
a permit under subsection (a) is not necessary.
(2) PETITION TO ADD OR REMOVE PLANT PESTS FROM REGULA-
TION.—Any person may petition the Secretary to add a plant
pest to, or remove a plant pest from, the regulations issued
by the Secretary under paragraph (1).
(3) RESPONSE TO PETITION BY THE SECRETARY.—In the case
of a petition submitted under paragraph (2), the Secretary
shall act on the petition within a reasonable 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) 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 nonmailable and shall not knowingly be con-
veyed in the mail or delivered from any post office or by
any mail carrier, unless the letter, parcel, box, or other package
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
REGULATIONS.—
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.
(e) REGULATIONS.—Regulations issued by the Secretary to
implement subsections (a), (c), and (d) may include 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, exportation, movement in inter-
state commerce, mailing, or delivery of the plant pest;
(2) be accompanied by a certificate of inspection issued
(in a manner and form required by the Secretary) by appro-
priate officials of the country or State from which the plant
pest is to be moved;
(3) be raised under post-entry quarantine conditions by
or under the supervision of the Secretary for the purposes
of determining whether the plant pest—
(A) may be infested with other plant pests;
(B) may pose a significant risk of causing injury to,
damage to, or disease in any plant or plant product; or
(C) may be a noxious weed; and
(4) be subject to remedial measures the Secretary deter-
mines to be necessary to prevent the spread of plant pests.
SEC. 412. REGULATION OF MOVEMENT OF PLANTS, PLANT PRODUCTS,
BIOLOGICAL CONTROL ORGANISMS, NOXIOUS WEEDS,
ARTICLES, AND MEANS OF CONVEYANCE.
(a) IN GENERAL.—The Secretary may prohibit or restrict the
importation, entry, exportation, or movement in interstate com-
merce of any plant, plant product, biological control organism, nox-
ious weed, article, or means of conveyance, if the Secretary deter-
mines that the prohibition 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.
H. R. 2559—85
(b) POLICY.—The Secretary shall ensure that processes used
in developing regulations under this section governing consideration
of import requests are based on sound science and are transparent
and accessible.
(c) REGULATIONS.—The Secretary may issue regulations to
implement subsection (a), including regulations requiring that any
plant, plant product, biological control organism, noxious weed,
article, or means of conveyance imported, entered, to be exported,
or moved in interstate commerce—
(1) be accompanied by a permit issued by the Secretary
prior to the importation, entry, exportation, or movement in
interstate commerce;
(2) be accompanied by a certificate of inspection issued
(in a manner and form required by the Secretary) by appro-
priate officials of the country or State from which the plant,
plant product, biological control organism, noxious weed, article,
or means of conveyance is to be moved;
(3) be subject to remedial measures the Secretary deter-
mines 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 quarantine conditions
by or under the supervision of the Secretary for the purposes
of determining whether the plant or biological control organism
may be infested with plant pests or may be a plant pest
or noxious weed.
(d) NOTICE.—Not later than 1 year after the date of the enact-
ment of this Act, the Secretary shall publish for public comment
a notice describing the procedures and standards that govern the
consideration of import requests. The notice shall—
(1) specify how public input will be sought in advance
of and during the process of promulgating regulations necessi-
tating a risk assessment in order to ensure a fully transparent
and publicly accessible process; and
(2) include consideration of the following:
(A) Public announcement of import requests that will
necessitate a risk assessment.
(B) A process for assigning major/nonroutine or minor/
routine status to such requests based on current state
of supporting scientific information.
(C) A process for assigning priority to requests.
(D) Guidelines for seeking relevant scientific and eco-
nomic information in advance of initiating informal rule-
making.
(E) Guidelines for ensuring availability and trans-
parency of assumptions and uncertainties in the risk
assessment process including applicable risk mitigation
measures relied upon individually or as components of
a system of mitigative measures proposed consistent with
the purposes of this title.
(e) STUDY AND REPORT ON SYSTEMS APPROACH.—
(1) STUDY.—The Secretary shall conduct a study of the
role for and application of systems approaches designed to
guard against the introduction of plant pathogens into the
United States associated with proposals to import plants or
plant products into the United States.
H. R. 2559—86
(2) PARTICIPATION BY SCIENTISTS.—In conducting the study
the Secretary shall ensure participation by scientists from State
departments of agriculture, colleges and universities, the pri-
vate sector, and the Agricultural Research Service.
(3) REPORT.—Not later than 2 years after the date of the
enactment of this Act, the Secretary shall submit a report
on the results of the study conducted under this section to
the Committee on Agriculture, Nutrition, and Forestry of the
Senate and the Committee on Agriculture of the House of
Representatives.
(f ) NOXIOUS WEEDS.—
(1) REGULATIONS.—In the case of noxious weeds, the Sec-
retary may publish, by regulation, a list of noxious weeds
that are prohibited or restricted 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 REGULA-
TION.—Any person may petition the Secretary to add a plant
species to, or remove a plant species 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 reasonable 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.
(g) BIOLOGICAL CONTROL ORGANISMS.—
(1) REGULATIONS.—In the case of biological control orga-
nisms, the Secretary may publish, by regulation, a list of orga-
nisms whose movement in interstate commerce is not prohibited
or restricted. Any listing may take into account distinctions
between organisms such as indigenous, nonindigenous, newly
introduced, or commercially raised.
(2) PETITION TO ADD OR REMOVE BIOLOGICAL CONTROL ORGA-
NISMS FROM THE REGULATIONS.—Any person may petition the
Secretary to add a biological 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 reasonable 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. 
413. 
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 Agriculture 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 notification is made under paragraph
(1) at the port of entry until the plant, plant product, biological
control organism, plant pest, or noxious weed—
H. R. 2559—88
(1) is moving into or through the United States or inter-
state, or has moved into or through the United States or inter-
state, 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 title;
(2) has not been maintained in compliance with a post-
entry quarantine requirement; or
(3) 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 title.
(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 subsection (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 Sec-
retary considers appropriate.
(2) FAILURE
TO
COMPLY.—If the owner or agent of the
owner fails to comply with the Secretary’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 nox-
ious weeds, the Secretary may develop a classification system
to describe the status and action levels for noxious weeds.
The classification system may include the current geographic
distribution, relative threat, and actions initiated to prevent
introduction or distribution.
(2) MANAGEMENT PLANS.—In conjunction with the classi-
fication system, the Secretary may develop integrated manage-
ment 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 prevent
the dissemination of any plant pest or noxious weed new to or
not known to be widely prevalent or distributed within and through-
out the United States.
SEC. 415. DECLARATION OF EXTRAORDINARY EMERGENCY AND
RESULTING AUTHORITIES.
(a) AUTHORITY TO DECLARE.—If the Secretary determines that
an extraordinary emergency exists because of the presence of a
H. R. 2559—89
plant pest or noxious weed that is new to or not known to be
widely prevalent in or distributed within and throughout the United
States and that the presence of the plant pest or noxious weed
threatens plants or plant products of the United States, the Sec-
retary may—
(1) hold, seize, quarantine, treat, apply other remedial
measures to, destroy, or otherwise dispose of, 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;
(2) quarantine, treat, or apply other remedial measures
to any premises, including any plants, biological control orga-
nisms, plant products, articles, or means of conveyance on
the premises, that the Secretary has reason to believe is
infested with the plant pest or noxious weed;
(3) quarantine any State or portion of a State in which
the Secretary finds the plant 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
(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 restriction 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 Secretary may
take action under this section only upon finding, 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 paragraph (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—
(A) the Secretary’s findings;
(B) the action the Secretary intends to take;
(C) the reasons for the intended action; and
(D) where practicable, an estimate of the anticipated
duration of the extraordinary emergency.
(2) 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.
(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 prevent
the dissemination of any plant pest or noxious weed new to or
not known to be widely prevalent or distributed within and through-
out the United States.
H. R. 2559—90
(e) PAYMENT OF COMPENSATION.—The Secretary may pay com-
pensation to any person for economic losses incurred by the person
as a result of action taken by the Secretary under this section.
The determination by the Secretary of the amount of any compensa-
tion to be paid under this subsection shall be final and shall
not be subject to judicial review.
SEC. 416. RECOVERY OF COMPENSATION FOR UNAUTHORIZED ACTIVI-
TIES.
(a) RECOVERY ACTION.—The owner of any plant, plant biological
control organism, plant product, plant pest, noxious weed, article,
or means of conveyance destroyed or otherwise disposed of by the
Secretary under section 414 or 415 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 deter-
mining eligibility for importation, entry, exportation, movement
in interstate commerce, or release into the environment), but only
if the owner establishes that the destruction or disposal was not
authorized under this title.
(b) TIME FOR ACTION; LOCATION.—An action under this section
shall be brought not later than 1 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.
SEC. 417. 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 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 Secretary of Agriculture, from any no-
year appropriations, funds for the prevention, suppression, and
control of actual or potential grasshopper and Mormon cricket
outbreaks on Federal lands under the jurisdiction of the Sec-
retary of the Interior. The transferred funds shall be available
only for the payment 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.
(3) LIMITATION.—Funds transferred pursuant to this sub-
section may not be used by the Secretary until funds specifically
appropriated to the Secretary for grasshopper control have
been exhausted.
(4) REPLENISHMENT OF TRANSFERRED FUNDS.—Funds trans-
ferred pursuant to this subsection shall be replenished by
supplemental or regular appropriations, which shall be
requested as promptly as possible.
(c) TREATMENT FOR GRASSHOPPERS AND MORMON CRICKETS.—
(1) IN GENERAL.—Subject to the availability of funds pursu-
ant to this section, on request of the administering agency
H. R. 2559—91
or the agriculture department of an affected State, the Sec-
retary, to protect rangeland, shall immediately treat Federal,
State, or private lands that are infested with grasshoppers
or Mormon crickets at levels of economic infestation, unless
the Secretary determines that delaying treatment will not cause
greater economic damage to adjacent 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.—
(1) CONTROL ON FEDERAL LANDS.—Out of funds made avail-
able or transferred under this section, the Secretary shall pay
100 percent 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 shall pay 50 percent of the
cost of grasshopper or Mormon cricket control on State lands.
(3) CONTROL ON PRIVATE LANDS.—Out of funds made avail-
able under this section, the Secretary 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 Secretary of Agriculture shall
provide adequate funding for a program to train personnel to accom-
plish effectively the objective of this section.
SEC. 418. 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 the 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
exported.
Subtitle B—Inspection and Enforcement
SEC. 421. 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 title;
(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 title; and
(3) in intrastate commerce from or within any State, portion
of a State, or premises quarantined as part of a extraordinary