[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2480 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2480

   To prevent the introduction and spread of nonindigenous pests and 
   pathogens through the importation of wood articles, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 16, 1998

   Mr. Leahy introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
   To prevent the introduction and spread of nonindigenous pests and 
   pathogens through the importation of wood articles, 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.

    This Act may be cited as the ``Invasive Pest Control Act of 1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the importation of unprocessed logs, lumber, and other 
        unmanufactured wood articles into the United States may result 
        in the introduction of nonindigenous pests and pathogens to 
        native North American forests;
            (2) when environmental conditions are favorable, 
        nonindigenous pests and pathogens may prey on and devastate 
        native North American tree species, devastate habitat, disrupt 
        other native species and the environment, and disrupt the 
        economy of affected forest areas;
            (3) the Comptroller General of the United States has 
        reported that the potential economic disruption to communities 
        affected by nonindigenous pests and pathogens entering the 
        United States, including forest pests, costs an estimated 
        $41,000,000,000 annually in lost production and expenses for 
        prevention and control;
            (4) commercial forestry is estimated to lose forest 
        products valued at $4,000,000,000 each year due to infestations 
        of nonindigenous pests and pathogens;
            (5) once introduced into the United States on unprocessed 
        logs, lumber, and other unmanufactured wood articles, 
        nonindigenous pests and pathogens are unintentionally or 
        unknowingly transported and introduced into inland forests and 
        habitats by truck transport and train shipment to mills, 
        consumers, and producers and by a variety of other means, 
        including wind, water, and wildlife;
            (6) examples of nonindigenous pests and pathogens infesting 
        forests of the United States that have caused or have the 
        potential to cause adverse economic and ecological effects 
        include--
                    (A) Dutch Elm disease, which--
                            (i) was introduced into the United States 
                        in the 1920's with a shipment of European logs 
                        delivered to the Port of New York and then 
                        forwarded to the Midwest by train;
                            (ii) has spread throughout the United 
                        States, now to an estimated 1,000,000 trees; 
                        and
                            (iii) has decimated the American and other 
                        native elm species;
                    (B) the Gypsy Moth, which--
                            (i) has no natural predators in the United 
                        States;
                            (ii) spread rapidly and now infests 
                        Northeast forest in approximately 200,000 
                        square miles, with smaller infestations 
                        occurring in several other areas from the 
                        Carolinas to British Columbia; and
                            (iii) feeds on hundreds of different tree 
                        species and during outbreaks can defoliate many 
                        hardwood and shrub species in their path, 
                        seriously weakening trees and stunting the 
                        growth of, and eventually killing, many of the 
                        trees;
                    (C) the Asian Long-Horned Beetle, which--
                            (i) is a new exotic pest that has been 
                        discovered at ports across the United States;
                            (ii) has no natural enemies and has 
                        attacked mostly Norway and sugar maples, some 
                        of the most valuable trees in the Northeast; 
                        and
                            (iii) is considered a serious threat to the 
                        maple sugar industry, lumber industry, 
                        homeowner property values, and tourism in the 
                        Northeast; and
                    (D) more recent nonindigenous pests and pathogens 
                that have become established in the forests of the 
                United States and are causing economic and ecological 
                degradation with respect to the natural forest 
                resources of the United States, including the Port 
                Orford Cedar Root Rot, the Pine Wilt disease, the 
Eurasian poplar rust fungus (discovered on the West Coast), and the 
pine shoot beetle (introduced in the Great Lakes area); and
            (7) if preventive management measures are not taken in a 
        timely manner throughout the United States to prevent 
        nonindigenous pests and pathogens from entering the United 
        States on unprocessed wood products or to control their entry, 
        further introductions and infestations of nonindigenous plants 
        and pathogens will occur.

SEC. 3. PURPOSES.

    The purpose of this Act are--
            (1) to prevent the unintentional introduction and 
        dispersion of nonindigenous pests and pathogens into forests of 
        the United States through the importation of unprocessed logs, 
        lumber, and other unmanufactured wood articles;
            (2) to preserve and protect the health of the forests of 
        the United States, the forest-dependent economy of the United 
        States, native North American tree species, and irreplaceable 
        habitat from the potentially devastating effects of 
        nonindigenous pests and pathogens;
            (3) to coordinate federally conducted, funded, or 
        authorized research, prevention, control, information 
        dissemination, and other activities regarding forest pests and 
        pathogens; and
            (4) to understand and minimize the economic and ecological 
        impact of nonindigenous pests and pathogens.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (2) Treatment.--The term ``treatment'' means--
                    (A) in the case of--
                            (i) a wood article that is greater than 14 
                        centimeters in diameter at the broadest point; 
                        and
                            (ii) wood chips, sawdust, wood mulch, and 
                        wood shavings;
                debarking and heating the wood article until the core 
                reaches at least 71.1 degrees Celsius for at least 75 
                minutes; and
                    (B) in the case of a wood article that is less than 
                14 centimeters in diameter at the broadest point--
                            (i) fumigation with an effective fumigant;
                            (ii) kiln drying according to the Dry Kiln 
                        Operator's Manual, Agriculture Handbook No. 
                        188; or
                            (iii) pressure treatment with an effective 
                        chemical preservative.
            (3) Wood article.--The term ``wood article'' means a log, 
        lumber, whole tree, cut tree or portion of a tree (not solely 
        consisting of leaves), flower, fruit, bud, seed, bark, cork, 
        lath, hog fuel, sawdust, painted raw wood product, excelsior 
        (wood wool), wood chip, wood mulch, wood shaving, picket, 
        stake, shingle, pallet, wood packing material, humus, compost, 
        or litter, that is unprocessed or has received only primary 
        processing.

SEC. 5. RESTRICTIONS ON MOVEMENT OF PLANTS, PLANT PRODUCTS, BIOLOGICAL 
              CONTROL ORGANISMS, PLANT PESTS, NOXIOUS WEEDS, WOOD 
              ARTICLES, AND MEANS OF CONVEYANCE.

    (a) In General.--Except as provided in subsection (b), the 
Secretary may prohibit or restrict the importation, entry, exportation, 
or movement in interstate commerce of a plant, plant product, 
biological control organism, plant pest, noxious weed, wood article, or 
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 dispersion of a nonindigenous pest, pathogen, 
or noxious weed.
    (b) Imported Wood Articles.--Each wood article (other than a 
pallet, solid wood packing material, or dunnage) to be imported into 
the United States shall be--
            (1) subject to treatment not more than 24 hours prior to 
        importation, in the exporting country or a hold aboard a ship 
        during transport; and
            (2) subject to treatment not later than 24 hours after 
        importation at the United States port of entry.
    (c) Pallets and Solid Wood Packing Materials.--
            (1) Treatment during interim period.--During the 5-year 
        period beginning on the date of enactment of this Act, each 
        pallet, solid wood packing material, and dunnage composed of 
        wood used to import an article into the United States shall 
        be--
                    (A) subject to treatment in accordance with its 
                dimensions prior to first importation into the United 
                States; and
                    (B) marked with an international symbol designating 
                the treatment method.
            (2) Prohibition after interim period.--Effective beginning 
        on the date that is 5 years after the date of enactment of this 
        Act, the importation into the United States of a pallet, 
        packing material, or dunnage composed of wood is prohibited.

SEC. 6. PLANT HEALTH AND ECOSYSTEM PROTECTION TASK FORCE.

    (a) In General.--There is established a ``Plant Health and 
Ecosystem Protection Task Force''.
    (b) Membership.--The membership of the Task Force shall consist 
of--
            (1) the Secretary of Agriculture or a designee;
            (2) the Administrator of the Animal and Plant and Health 
        Inspection Service;
            (3) a representative of each Federal agency with 
        responsibility for managing natural resources (as determined by 
        the President), appointed by the head of the agency, 
        including--
                    (A) the Forest Service;
                    (B) the Bureau of Land Management;
                    (C) the National Park Service;
                    (D) the United States Fish and Wildlife Service;
                    (E) the National Oceanic and Atmospheric 
                Administration;
                    (F) the Agricultural Research Service;
                    (G) the Agricultural Marketing Service;
                    (H) the Natural Resource Conservation Service; and
                    (I) the Environmental Protection Agency;
            (4) a representative of the agency of each State 
        responsible for managing natural resources in the State, 
        appointed by the Governor of the State;
            (5) a representative of each nongovernmental organization 
        with an interest or expertise in plant health and ecosystem 
        protection (as determined by the President), appointed by the 
        head of the organization, including representatives of--
                    (A) public interest environmental groups;
                    (B) affected industry representatives;
                    (C) ecologists; and
                    (D) scientists in relevant disciplines.
    (c) Duties.--The Task Force shall develop criteria for establishing 
precautionary phytosanitary procedures to minimize the likelihood of 
the introduction or dispersion of nonindigenous pests and pathogens in 
the course of international or interstate commerce or travel.

SEC. 7. FEES.

    The Secretary of the Treasury shall--
            (1) require a person that imports a wood article into the 
        United States to obtain a permit before the article may be 
        imported into the United States;
            (2) require the person to pay an application fee for the 
        permit, in an amount determined by the Secretary of 
        Agriculture; and
            (3) transfer all fees collected under paragraph (2) to the 
        Fund established under section 8.

SEC. 8. PEST REDUCTION IN WOOD ARTICLES FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a revolving fund, to be known as the ``Pest Reduction in 
Wood Articles Fund'', to be used in accordance with this section 
(referred to in this section as the ``Fund''), consisting of--
            (1) such amounts as are appropriated to the Fund under 
        subsection (b); and
            (2) any interest earned on investment of amounts in the 
        Fund under subsection (d).
    (b) Transfers to Fund.--There are appropriated to the Fund amounts 
equivalent to amounts collected as fees and received in the Treasury 
under section 7.
    (c) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), on request by 
        the Secretary of Agriculture, the Secretary of the Treasury 
        shall transfer from the Fund to the Secretary of Agriculture 
        such amounts as the Secretary of Agriculture determines are 
        necessary to support the costs of certifying treatment 
        facilities and conducting research to develop appropriate 
        technology for the control of the importation of nonindigenous 
        species on unprocessed logs, lumber, and other unmanufactured 
        wood articles.
            (2) Administrative expenses.--An amount not exceeding 10 
        percent of the amounts in the Fund shall be available in each 
        fiscal year to pay the administrative expenses necessary of 
        carrying out this Act.
    (d) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Fund as is not, in the judgment of the 
        Secretary, required to meet current withdrawals. Investments 
        may be made only in interest-bearing obligations of the United 
        States.
            (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at the 
                market price.
            (3) Sale of obligations.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at the market 
        price.
            (4) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Fund shall be credited to and form a part of the Fund.
                                 <all>