[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3766 Introduced in House (IH)]







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 
subsequently 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 Representatives 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.
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: Extraordinary 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, suppression, 
        prevention, or retardation of the spread of plant pests or 
        noxious weeds is necessary for the protection of the 
        agriculture, environment, 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) the smooth movement of enterable plants, plant 
        products, biological control organisms, or other articles into, 
        out of, or within the United States is vital to the Nation's 
        economy and should be facilitated to the extent possible;
            (4) export markets could be severely impacted by the 
        introduction or spread of plant pests or noxious weeds into or 
        within the United States;
            (5) the unregulated movement of plant pests, noxious weeds, 
        plants, certain biological control organisms, plant products, 
        and articles capable of harboring 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 
        commerce 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 affect interstate commerce 
        or foreign commerce.

SEC. 3. DEFINITIONS.

    For the purposes of this Act (unless otherwise specified):
            (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--
                    (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, movement, 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--
                            (i) carry, enter, import, mail, ship, or 
                        transport;
                            (ii) aid, abet, cause, or induce the 
                        carrying, entering, importing, mailing, 
                        shipping, 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 environment).
            (14) 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 prescribed 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, bacteria, fungus, virus, viroid, 
        infectious agent, or parasitic 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 product'' means any 
        flower, fruit, vegetable, root, bulb, seed, or other plant part 
        (not included in the definition of the term ``plant'' in 
        paragraph (16)); or any manufactured or processed plant or 
        plant part.
            (19) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture or any other individual to whom authority is 
        delegated by the Secretary under this Act.
            (20) 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 District 
        of Columbia, 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 person shall import, enter, export, or 
move in interstate commerce any plant pest, unless the movement is 
authorized under general or specific permit and is in accordance with 
such regulations as the Secretary may issue to prevent the introduction 
into the United States or interstate dissemination of plant pests.
    (b) Authorization of Movement of Plant Pests by Regulation.--
            (1) In general.--The Secretary may issue regulations which 
        allow the movement of a plant pest in interstate commerce 
        without further restriction when the Secretary finds that a 
        permit is not necessary.
            (2) Petition to add or remove plant pests from 
        regulation.--
                    (A) In general.--Any person may petition the 
                Secretary to add or remove a plant pest from 
                regulations promulgated by the Secretary.
                    (B) Response to petition by the secretary.--The 
                Secretary shall act on any 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.
    (c) Prohibition of Unauthorized Mailing of Plant Pests.--
            (1) In general.--Except as provided in paragraph (2), no 
        person shall mail or deliver from any post office or by any 
        mail carrier any letter or package 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 employees.--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 regulations.--Nothing in 
        this subsection shall authorize 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 Secretary to implement 
subsections (a), (b), and (c) 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 
        interstate 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 appropriate 
        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 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 Secretary 
        determines necessary to prevent the spread of plant pests.

SEC. 102. RESTRICTIONS ON MOVEMENT: PLANTS, PLANT PRODUCTS, BIOLOGICAL 
              CONTROL ORGANISMS, ARTICLES, NOXIOUS WEEDS AND MEANS OF 
              CONVEYANCE.

    (a) In General.--The Secretary may prohibit or restrict the 
importation, entry, exportation, or movement in interstate commerce of 
any plant, plant product, biological control organism, noxious weed, 
article, or any means of conveyance, if the Secretary determines that 
the prohibition 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 regulations to implement 
subsection (a), including regulations requiring that any plant, plant 
product, biological control organism, noxious weed, article, or any 
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 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 Secretary 
        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 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.
    (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 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 regulation.--
                    (A) In general.--Any person may petition the 
                Secretary to add or remove a plant species from 
                regulations promulgated by the Secretary.
                    (B) Duties of the secretary.--The Secretary shall 
                act on any 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) Biological Control Organisms.--
            (1) Regulations.--In the case of biological control 
        organisms, the Secretary may publish, by regulation, a list of 
        organisms whose movement in interstate commerce is not 
        prohibited or restricted. Any listing may take into account 
        distinctions between 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 petition 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 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. 103. NOTIFICATION OF ARRIVAL AND INSPECTION BEFORE MOVEMENT: 
              PLANTS, PLANT PRODUCTS, BIOLOGICAL CONTROL ORGANISMS, 
              PLANT PESTS, NOXIOUS WEEDS, ARTICLES, MEANS OF 
              CONVEYANCE.

    (a) Notification Requirements of the Secretary of the Treasury.--
            (1) In general.--Except as provided in paragraph (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 organism, 
        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 imported from countries or regions of 
        countries that the Secretary designates, pursuant to such 
        regulations 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 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 arrival at 
the port of entry and before the plant, plant product, biological 
control organism, plant pest, noxious weed, article, or means of 
conveyance is moved from the port of entry, notify the Secretary, or at 
the Secretary's direction, the proper official of the State to which 
the plant, plant product, biological control organism, plant pest, 
noxious 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, noxious 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 Without Authorization.--No 
person shall move from the port of entry or interstate any imported 
plant, plant product, biological control organism, plant pest, noxious 
weed, article, or means of conveyance unless the imported plant, plant 
product, biological control organism, plant pest, noxious weed, 
article, or means of conveyance has been inspected 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 
        prevalent 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 infested 
                        with a plant pest or noxious weed at the time 
                        of the movement; or
                            (ii) is or has been otherwise in violation 
                        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 Government 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, 
                handling, application of remedial measures or disposal 
                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 
classification system may include the current geographic distribution, 
relative threat, and actions initiated 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 ecological range where the noxious 
                weed is found in the United States.
    (b) Extraordinary Emergency.--
            (1) Authority of the secretary.--In accordance with 
        paragraph (2), whenever the Secretary determines that any 
        extraordinary emergency exists because of the presence 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 and that the presence of the plant pest or noxious weed 
        threatens plants or plant products of the United States, the 
        Secretary may--
                    (A) 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;
                    (B) quarantine, treat, or apply other remedial 
                measures to any premises, including any plants, 
                biological control organisms, 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;
                    (C) 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
                    (D) 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.
            (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 inadequate 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 Secretary 
                        shall notify the Governor or other appropriate 
                        official of the State, issue a public 
                        announcement, and, file for publication 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 practicable, an estimate of the 
                        anticipated duration 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 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 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 determination 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, resides, 
        transacts business, is licensed to do business, or is 
        incorporated, within one year after the destruction 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 compensation for loss due to delays 
        incident to determining eligibility for importation, entry, 
        exportation, 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 Agriculture.

SEC. 105. INSPECTIONS, SEIZURES, AND WARRANTS.

    The Secretary may, consistent with guidelines approved 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, 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 quarantined 
                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 investigations 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 
                probable cause to believe that there is on certain 
                premises any plant, plant product, biological control 
                organism, plant pest, noxious weed, article, facility, 
                or means of conveyance regulated under this Act, issue 
                a warrant for the entry upon the premises to conduct 
                any investigation or make any inspection or seizure 
                under this Act. The warrant may be applied for and 
                executed by the Secretary or any United States Marshal.

SEC. 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 Crickets 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 prevention, suppression, and control of actual 
                or potential grasshopper and Mormon Cricket outbreaks 
                on lands under the jurisdiction of the Federal 
                Government.
                    (B) Transfer requests.--Requests for funds 
                transferred pursuant to this section shall be made as 
                promptly as possible by the Secretary.
                    (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 interior funds.--
        Funds transferred by the Secretary of the Interior shall be 
        available for the payment of obligations incurred on Federal 
lands subject to the jurisdiction of the Secretary of the Interior.
            (3) Limitation.--No funds transferred to the Secretary from 
        the Secretary of the Interior shall be made available under 
        this subsection until funds specifically appropriated to the 
        Secretary for grasshopper 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 administering 
        agency or the Department of Agriculture of an affected State, 
        the Secretary, 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.--The Secretary shall--
            (1) pay out of appropriated funds made available 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
                    (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 cooperating 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 Methods.--The Secretary may 
transfer to a State, Federal agency, or other person biological control 
methods utilizing 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 control 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 
exported.

SEC. 109. BUILDINGS, LAND, PEOPLE, CLAIMS, AND AGREEMENTS.

    (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 understanding, or other agreements, necessary for carrying out this 
Act.
    (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 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 presented 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 outside the United States for movement to the United States.
    (b) Funds Collected for Preclearance.--Funds collected for 
preclearance shall be credited to accounts 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 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 
                subsection 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 31 U.S.C. 3717.
            (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. 111. VIOLATIONS--PENALTIES.

    (a) Criminal Penalties.--Any person who knowingly violates this 
Act, or who knowingly forges, counterfeits, or, without authority from 
the Secretary, uses, alters, defaces, or destroys any certificate, 
permit, or other document provided for in this Act shall be guilty of a 
misdemeanor, and, upon conviction, shall be fined in accordance 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 authority from the Secretary, 
        uses, alters, defaces, or destroys any certificate, permit, or 
        other document provided for in this Act may, after notice and 
        opportunity 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 unauthorized 
                use, defacing or destruction of a certificate, permit, 
                or other document provided for in this Act that results 
                in the person deriving pecuniary gain or causing 
                pecuniary loss to another.
            (2) 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 
        violation or violations and the Secretary may consider, with 
        respect to the violator, ability to pay, effect on ability to 
        continue to do business, any history of prior violations, 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 assessed 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 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 
        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 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 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 Act.

SEC. 112. ENFORCEMENT.

    (a) Collection of Information.--
            (1) In general.--The Secretary may gather and compile 
        information and conduct any investigations the Secretary deems 
        necessary for the administration and enforcement of this Act. 
        The Secretary shall at all reasonable times have the right to 
        examine and copy any documentary evidence of any person being 
        investigated or proceeded against.
            (2) Subpoenas.--
                    (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 administration or enforcement of this Act or any 
                matter under investigation in connection with this Act.
                    (B) Location of production.--The attendance of any 
                witness and production of documentary evidence may be 
                required from any place in the United States at any 
                designated place of hearing.
                    (C) Enforcement of subpoena.--In case of 
                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 conducted, or where the 
                person resides, is found, transacts business, is 
                licensed to do business, or is incorporated in 
                requiring the attendance and testimony of any witness 
                and the production of documentary evidence. 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 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 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.
    (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 carrying out this Act, whenever 
        the Secretary has reason to believe that the person has 
        violated, or is about to violate this Act, or has interfered, 
        or is about to interfere, with the Secretary; and
            (3) bring an action for the recovery of any unpaid civil 
        penalty, funds under reimbursable agreements, 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 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 Act. Except as 
provided in section 111(b), any action arising under this Act may be 
brought, and process may be served in the judicial district where a 
violation or interference occurred or is about to occur, or where the 
person charged with the violation, interference, impending violation, 
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 judicial district in any action or 
proceeding arising under this Act may run to any other judicial 
district.

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 specifically 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, transfer 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--
            (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 commerce of plants, 
        plant products, biological control organisms, plant pests, 
        noxious weeds, articles, and means of conveyance;
            (3) holding, seizure, quarantine, treatment, application of 
        remedial measures to, destruction, and disposal of plants, 
        biological control organisms, plant products, plant pests, 
        noxious weeds, articles, premises, or means of conveyance;
            (4) in the case of an extraordinary emergency, prohibition 
        or restriction upon the intrastate movement 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 governments, local 
        governments of other nations, international organizations, 
        international associations, and other persons, entities, and 
        individuals;
            (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 conveyance;
            (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 marking and 
        identification;
            (22) issuance of permits and phytosanitary certificates;
            (23) establishment of quarantines, post-importation 
        conditions, and post-entry quarantine conditions;
            (24) establishment of treatment requirements;
            (25) establishment of conditions for transit movement 
        through the United States; and
            (26) treatment of land for the prevention, suppression, 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 paragraph (2), no 
        State or political subdivision of a State may regulate the 
        movement in interstate commerce of 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, 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 federal 
                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 
                consistent 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 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 addition to the prohibitions 
                or restrictions imposed by the Secretary, if the State 
                or political subdivision of a State demonstrates to the 
                Secretary and the Secretary finds that there is a 
                special need for additional prohibitions 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 provision 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, Agriculture, 
        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, Agriculture, 
        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);
            (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).
                                 <all>