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emergency declared under section 415 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 that section
or is moving subject to that section.
(c) INSPECTIONS WITH A WARRANT.—
(1) GENERAL AUTHORITY.—The Secretary may enter, with
a warrant, any premises in the United States for the purpose
of conducting investigations or making inspections and seizures
under this title.
(2) APPLICATION
AND
ISSUANCE
OF
A
WARRANT.—Upon
proper oath or affirmation showing probable cause to believe
that there is on certain premises any plant, plant product,
biological control organism, plant pest, noxious weed, article,
facility, or means of conveyance regulated under this title,
a United States judge, a judge of a court of record in the
United States, or a United States magistrate judge may, within
the judge’s or magistrate’s jurisdiction, issue a warrant for
the entry upon the premises to conduct any investigation or
make any inspection or seizure under this title. The warrant
may be applied for and executed by the Secretary or any
United States Marshal.
SEC. 422. COLLECTION OF INFORMATION.
The Secretary may gather and compile information and conduct
any investigations the Secretary considers necessary for the
administration and enforcement of this title.
SEC. 423. SUBPOENA AUTHORITY.
(a) AUTHORITY TO ISSUE.—The Secretary shall have power to
subpoena the attendance and testimony of any witness, and the
production of all documentary evidence relating to the administra-
tion or enforcement of this title or any matter under investigation
in connection with this title.
(b) LOCATION OF PRODUCTION.—The attendance of any witness
and production of documentary evidence may be required from
any place in the United States at any designated place of hearing.
(c) ENFORCEMENT OF SUBPOENA.—In 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
H. R. 2559—93
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 to testify or produce evidence at
an administrative hearing in any judicial district in any action
or proceeding arising under this title may run to any other judicial
district.
SEC. 424. PENALTIES FOR VIOLATION.
(a) CRIMINAL PENALTIES.—Any person that knowingly violates
this title, or that knowingly forges, counterfeits, or, without
authority from the Secretary, uses, alters, defaces, or destroys any
certificate, permit, or other document provided for in this title
shall be guilty of a misdemeanor, and, upon conviction, shall be
fined in accordance with title 18, United States Code, imprisoned
for a period not exceeding 1 year, or both.
(b) CIVIL PENALTIES.—
(1) IN GENERAL.—Any person that violates this title, or
that forges, counterfeits, or, without authority from the Sec-
retary, uses, alters, defaces, or destroys any certificate, permit,
or other document provided for in this title may, after notice
and opportunity for a hearing on the record, be assessed a
civil penalty by the Secretary that does not exceed the greater
of—
(A) $50,000 in the case of any individual (except that
the civil penalty may not exceed $1,000 in the case of
an initial violation of this title by an individual moving
regulated articles not for monetary gain), $250,000 in the
case of any other person for each violation, and $500,000
for all violations adjudicated in a single proceeding; or
(B) twice the gross gain or gross loss for any violation,
forgery, counterfeiting, unauthorized use, defacing, or
destruction of a certificate, permit, or other document pro-
vided for in this title that results in the person deriving
pecuniary gain or causing pecuniary loss to another.
(2) FACTORS
IN
DETERMINING
CIVIL
PENALTY.—In deter-
mining the amount of a civil penalty, the Secretary shall take
into account the nature, circumstance, extent, and gravity of
the violation or violations and the Secretary may consider,
with respect to the violator—
(A) ability to pay;
(B) effect on ability to continue to do business;
(C) any history of prior violations;
(D) the degree of culpability; and
(E) any other factors the Secretary considers appro-
priate.
(3) SETTLEMENT OF CIVIL PENALTIES.—The Secretary may
compromise, modify, or remit, with or without conditions, any
civil penalty that may be assessed under this subsection.
(4) FINALITY
OF
ORDERS.—The order of the Secretary
assessing a civil penalty shall be treated as a final order review-
able under chapter 158 of title 28, United States Code. The
validity of the Secretary’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 penalty
H. R. 2559—94
shall thereafter accrue interest until paid at the rate of interest
applicable to civil judgments of the courts of the United States.
(c) LIABILITY FOR ACTS OF AN AGENT.—When construing and
enforcing this title, 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 employment or office, shall be deemed
also to be the act, omission, or failure of the other person.
(d) GUIDELINES
FOR CIVIL PENALTIES.—The Secretary shall
coordinate with the Attorney General to establish 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 title.
SEC. 425. ENFORCEMENT ACTIONS OF ATTORNEY GENERAL.
The Attorney General may—
(1) prosecute, in the name of the United States, all criminal
violations of this title 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 title, or to enjoin any interference by
any person with the Secretary in carrying out this title, when-
ever the Secretary has reason to believe that the person has
violated, or is about to violate this title, or has interfered,
or is about to interfere, with the Secretary; and
(3) bring an action for the recovery of any unpaid civil
penalty, funds under reimbursable agreements, late payment
penalty, or interest assessed under this title.
SEC. 426. COURT JURISDICTION.
(a) IN GENERAL.—The United States district courts, the District
Court of Guam, the District Court of the Virgin Islands, 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 title. Any action arising under this title may
be brought, and process may be served, in the judicial district
where a violation or interference occurred or is about to occur,
or where the person charged with the violation, interference,
impending violation, impending interference, or failure to pay
resides, is found, transacts business, is licensed to do business,
or is incorporated.
(b) EXCEPTION.—This section does not apply to the imposition
of civil penalties under section 424(b).
Subtitle C—Miscellaneous Provisions
SEC. 431. COOPERATION.
(a) IN GENERAL.—The Secretary may cooperate with other Fed-
eral agencies or entities, States or political subdivisions of States,
national governments, local governments of other nations, domestic
or international organizations, domestic or international associa-
tions, and other persons to carry out this title.
(b) RESPONSIBILITY.—The individual or entity cooperating with
the Secretary under subsection (a) shall be responsible for—
(1) the authority necessary to conduct the operations or
take measures on all land and properties within the foreign
H. R. 2559—95
country or State, other than those owned or controlled by
the United States; and
(2) other facilities and means as the Secretary determines
necessary.
(c) TRANSFER OF BIOLOGICAL CONTROL METHODS.—The Sec-
retary may transfer to a State, Federal agency, or other person
biological control methods using biological control organisms against
plant pests or noxious weeds.
(d) COOPERATION IN PROGRAM ADMINISTRATION.—The Secretary
may cooperate with State authorities or other persons in the
administration of programs for the improvement of plants, plant
products, and biological control organisms.
(e) PHYTOSANITARY ISSUES.—The Secretary shall ensure that
phytosanitary issues involving imports and exports are addressed
based on sound science and consistent with applicable international
agreements. To accomplish these goals, the Secretary may—
(1) conduct direct negotiations with plant health officials
or other appropriate officials of other countries;
(2) provide technical assistance, training, and guidance to
any country requesting such assistance in the development
of agricultural health protection systems and import/export
systems; and
(3) maintain plant health and quarantine expertise in other
countries—
(A) to facilitate the establishment of phytosanitary sys-
tems and the resolution of phytosanitary issues;
(B) to assist those countries with agricultural health
protection activities; and
(C) to provide general liaison on agricultural health
issues with the plant health or other appropriate officials
of the country.
SEC. 432. BUILDINGS, LAND, PEOPLE, CLAIMS, AND AGREEMENTS.
(a) IN GENERAL.—To the extent necessary to carry out this
title, 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 understanding, or other agreements.
(b) TORT CLAIMS.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Secretary may pay tort claims in the manner authorized in
the first paragraph of section 2672 of title 28, United States
Code, when the claims arise outside the United States in
connection with activities that are authorized under this title.
(2) REQUIREMENTS OF CLAIM.—A claim may not be allowed
under this subsection unless the claim is presented in writing
to the Secretary within 2 years after the date on which the
claim accrues.
SEC. 433. 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 outside the United States for movement
into the United States.
(b) FUNDS COLLECTED
FOR PRECLEARANCE.—Funds collected
for preclearance shall be credited to accounts which may be estab-
lished by the Secretary for this purpose and shall remain available