[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 83 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 83

To consolidate and revise the authority of the Secretary of Agriculture 
  relating to plant protection and quarantine, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

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

_______________________________________________________________________

                                 A BILL


 
To consolidate and revise 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.

    This Act may be cited as the ``Plant Protection Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the detection, control, eradication, suppression, 
        prevention, and retardation of the spread of plant pests and 
        noxious weeds is necessary for the protection of the 
        agriculture, environment, and economy of the United States;
            (2) biological control--
                    (A) is often a desirable, low-risk means of ridding 
                crops and other plants of plant pests and noxious 
                weeds; and
                    (B) should be facilitated by the Secretary of 
                Agriculture, Federal agencies, and States, whenever 
                feasible;
            (3) markets could be severely impacted by the introduction 
        or spread of pests or noxious weeds into or within the United 
        States;
            (4) the unregulated movement of plant pests, noxious weeds, 
        plants, biological control organisms, plant products, and 
        articles capable of harboring plant pests or noxious weeds 
        would present an unacceptable risk of introducing or spreading 
        plant pests or noxious weeds;
            (5) 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 threaten crops, other plants, plant products, and 
        the natural resources and environment of the United States and 
        burden interstate commerce or foreign commerce; and
            (6) all plant pests, noxious weeds, plants, plant products, 
        or 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.

    In this Act:
            (1) Article.--The term ``article'' means any material or 
        tangible object that could harbor a pest, disease, or noxious 
        weed.
            (2) Biological control organism.--The term ``biological 
        control organism'' means a biological entity, as defined by the 
        Secretary, that suppresses or decreases the population of 
        another biological entity.
            (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 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) Indigenous.--The term ``indigenous'' means a plant 
        species found naturally as part of a natural habitat in a 
        geographic area in the United States.
            (10) Interstate.--The term ``interstate'' means from 1 
        State into or through any other State, or within the District 
        of Columbia, Guam, the Virgin Islands of the United States, or 
        any other territory or possession of the United States.
            (11) 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;
                    (B) between points within the same State but 
                through any place outside the State; or
                    (C) within the District of Columbia, Guam, the 
                Virgin Islands of the United States, or any other 
                territory or possession of the United States.
            (12) Means of conveyance.--The term ``means of conveyance'' 
        means any personal property or means used for or intended for 
        use for the movement of any other personal property.
            (13) Move.--The term ``move'' means to--
                    (A) carry, enter, import, mail, ship, or transport;
                    (B) aid, abet, cause, or induce the carrying, 
                entering, importing, mailing, shipping, or 
                transporting;
                    (C) offer to carry, enter, import, mail, ship, or 
                transport;
                    (D) receive to carry, enter, import, mail, ship, or 
                transport; or
                    (E) allow any of the activities referred to this 
                paragraph.
            (14) Noxious weed.--The term ``noxious weed'' means a 
        plant, seed, reproductive part, or propagative part of a plant 
        that--
                    (A) can directly or indirectly injure or cause 
                damage to a crop, other useful plant, plant product, 
                livestock, poultry, or other interest of agriculture 
                (including irrigation), navigation, public health, or 
                natural resources or environment of the United States; 
                and
                    (B) belongs to a species that is not indigenous to 
                the geographic area or ecosystem in which it is causing 
                injury or damage.
            (15) Permit.--The term ``permit'' means a written or oral 
        authorization (including electronic authorization) by the 
        Secretary to move a plant, plant product, biological control 
        organism, plant pest, noxious weed, or article under conditions 
        prescribed by the Secretary.
            (16) Person.--The term ``person'' means an individual, 
        partnership, corporation, association, joint venture, or other 
        legal entity.
            (17) Plant.--The term ``plant'' means a plant or plant part 
        for or capable of propagation, including a tree, shrub, vine, 
        bulb, root, pollen, seed, tissue culture, plantlet culture, 
        cutting, graft, scion, and bud.
            (18) Plant pest.--The term ``plant pest'' means--
                    (A) a living stage of a protozoan, animal, 
                bacteria, fungus, virus, viroid, infection agent, or 
                parasitic plant that can directly or indirectly injure 
                or cause damage to, or cause disease in, a plant or 
                plant product; or
                    (B) an article that is similar to or allied with an 
                article referred to in subparagraph (A).
            (19) Plant product.--The term ``plant product'' means a 
        flower, fruit, vegetable, root, bulb, seed, or other plant part 
        that is not considered a plant or a manufactured or processed 
        plant or plant part.
            (20) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (21) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, and 
        any other territory or possession of the United States.
            (22) United states.--The term ``United States'', when used 
        in a geographical sense, means all of the States.

SEC. 4. RESTRICTIONS ON MOVEMENT OF PLANTS, PLANT PRODUCTS, BIOLOGICAL 
              CONTROL ORGANISMS, PLANT PESTS, NOXIOUS WEEDS, ARTICLES, 
              AND MEANS OF CONVEYANCE.

    (a) In General.--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, 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 dissemination 
of a plant pest or noxious weed.
    (b) Mail.--
            (1) In general.--No person shall convey in the mail, or 
        deliver from a post office or by a mail carrier, a letter or 
        package containing a plant pest, biological control organism, 
        or noxious weed 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 or noxious weeds.
            (2) Postal employees.--This subsection shall not apply to 
        an employee of the United States in the performance of the 
        duties of the employee in handling the mail.
            (3) Postal laws and regulations.--Nothing in this 
        subsection authorizes a person to open a mailed letter or other 
        mailed sealed matter except in accordance with the postal laws 
        and regulations.
    (c) State Restrictions on Noxious Weeds.--No person shall move into 
a State, or sell or offer for sale in the State, a plant species the 
sale of which is prohibited by the State because the plant species is 
designated as a noxious weed or has a similar designation.
    (d) Administration.--The Secretary may issue regulations to carry 
out this section, including regulations requiring that a plant, plant 
product, biological control organism, plant pest, 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 or by an 
        appropriate official of the country or State from which the 
        plant, plant product, biological control organism, plant pest, 
        noxious weed, article, or means of conveyance is to be moved;
            (3) be subject to remedial measures the Secretary 
        determines to be necessary to prevent the spread of plant 
        pests; and
            (4) in the case of a plant or biological control organism, 
        be grown or handled under post-entry quarantine conditions by 
        or under the supervision of the Secretary for the purpose of 
        determining whether the plant or biological control organism 
        may be infested with a plant pest or noxious weed, or may be a 
        plant pest or noxious weed.
    (e) List of Restricted Noxious Weeds.--
            (1) Publication.--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) Petitions to add or remove plant species.--
                    (A) In general.--A person may petition the 
                Secretary to add or remove a plant species from the 
                list required under paragraph (1).
                    (B) Action on petition.--The Secretary shall--
                            (i) act on a petition not later than 1 year 
                        after receipt of the petition by the Secretary; 
                        and
                            (ii) notify the petitioner of the final 
                        action the Secretary takes on the petition.
                    (C) Basis for determination.--The Secretary's 
                determination on the petition shall be based on sound 
                science, available data and technology, and information 
                received from public comment.
                    (D) Inclusion on list.--To include a plant species 
                on the list, the Secretary must determine that--
                            (i) the plant species is nonindigenous to 
                        the geographic region or ecosystem in which the 
                        species is spreading and causing injury; and
                            (ii) the dissemination of the plant in the 
                        United States may reasonably be expected to 
                        interfere with natural resources, agriculture, 
                        forestry, or a native ecosystem of a geographic 
                        region, or management of an ecosystem, or cause 
                        injury to the public health.
    (f) Conforming Amendments.--
            (1) Section 102 of the Act of September 21, 1944 (58 Stat. 
        735, chapter 412; 7 U.S.C. 147a) is amended by striking ``(a)'' 
        in subsection (a) and all that follows through ``(2)'' in 
        subsection (f)(2).
            (2) The matter under the heading ``Enforcement of the 
        Plant-quarantine Act:'' under the heading ``Miscellaneous'' of 
        the Act of March 4, 1915 (commonly known as the ``Terminal 
        Inspection Act'') (38 Stat. 1113, chapter 144; 7 U.S.C. 166) is 
        amended--
                    (A) in the second paragraph--
                            (i) by striking ``plants and plant 
                        products'' each place it appears and inserting 
                        ``plants, plant products, animals, and other 
                        organisms'';
                            (ii) by striking ``plants or plant 
                        products'' each place it appears and inserting 
                        ``plants, plant products, animals, or other 
                        organisms'';
                            (iii) by striking ``plant-quarantine law or 
                        plant-quarantine regulation'' each place it 
                        appears and inserting ``plant-quarantine or 
                        other law or plant-quarantine regulation'';
                            (iv) in the second sentence--
                                    (I) by striking ``Upon his approval 
                                of said list, in whole or in part, the 
                                Secretary of Agriculture'' and 
                                inserting ``On the receipt of the list 
                                by the Secretary of Agriculture, the 
                                Secretary''; and
                                    (II) by striking ``said approved 
                                lists'' and inserting ``the lists'';
                            (v) by inserting after the second sentence 
                        the following: ``On the request of a 
                        representative of a State, a Federal agency 
                        shall act on behalf of the State to obtain a 
                        warrant to inspect mail to carry out this 
                        paragraph.''; and
                            (vi) in the last sentence, by striking ``be 
                        forward'' and inserting ``be forwarded''; and
                    (B) in the third paragraph, by striking ``plant or 
                plant product'' and inserting ``plant, plant product, 
                animal, or other organism''.

SEC. 5. NOTIFICATION OF ARRIVAL AND INSPECTION BEFORE MOVEMENT OF 
              PLANTS, PLANT PRODUCTS, BIOLOGICAL CONTROL ORGANISMS, 
              PLANT PESTS, NOXIOUS WEEDS, ARTICLES, AND MEANS OF 
              CONVEYANCE.

    (a) Notification and Holding by Secretary of the Treasury.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary of the Treasury shall--
                    (A) promptly notify the Secretary of the arrival of 
                a plant, plant product, biological control organism, 
                plant pest, noxious weed, article, or means of 
                conveyance at a port of entry; and
                    (B) hold the plant, plant product, biological 
                control organism, plant pest, noxious weed, article, or 
                means of conveyance until inspected and authorized for 
                entry into or transit movement through the United 
                States, or otherwise released by the Secretary.
            (2) Application.--Paragraph (1) shall not apply to a plant, 
        plant product, biological control organism, plant pest, noxious 
        weed, article, or means of conveyance that is imported from a 
        country or region of countries that the Secretary designates as 
        exempt from paragraph (1), pursuant to such regulations as the 
        Secretary may issue.
    (b) Notification by Responsible Person.--The person responsible for 
a plant, plant product, biological control organism, plant pest, 
noxious weed, article, or means of conveyance subject to subsection (a) 
shall promptly, on 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) No Movement Without Inspection and Authorization.--No person 
shall move from the port of entry or interstate an 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. 6. REMEDIAL MEASURES OR DISPOSAL FOR PLANT PESTS OR NOXIOUS WEEDS; 
              EXTRAORDINARY EMERGENCY.

    (a) Remedial Measures or Disposal for Plant Pests or Noxious 
Weeds.--
            (1) In general.--Except as provided in subsection (c), if 
        the Secretary considers it necessary to prevent the 
        dissemination of a plant pest or noxious weed new to or not 
        known to be widely prevalent or distributed within and 
        throughout the United States, the Secretary may hold, seize, 
        quarantine, treat, apply other remedial measures to, destroy, 
        or otherwise dispose of--
                    (A) a plant, plant product, biological control 
                organism, plant pest, noxious weed, article, or means 
                of conveyance that is moving into or through the United 
                States or interstate and that the Secretary has reason 
                to believe is infested with the plant pest or noxious 
                weed;
                    (B) a plant, plant product, biological control 
                organism, plant pest, noxious weed, article, or means 
                of conveyance that has moved into the United States or 
                interstate and that the Secretary has reason to believe 
                was infested with the plant pest or noxious weed at the 
                time of the movement;
                    (C) a plant, plant product, biological control 
                organism, plant pest, noxious weed, article, or means 
                of conveyance 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;
                    (D) a plant, plant product, biological control 
                organism, plant pest, noxious weed, article, or means 
                of conveyance that has not been maintained in 
                compliance with a post-entry quarantine requirement;
                    (E) a progeny of a plant, plant product, biological 
                control organism, 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; or
                    (F) a plant, plant product, biological control 
                organism, plant pest, noxious weed, article, or means 
                of conveyance that is infested with a plant pest or 
                noxious weed that the Secretary has reason to believe 
                was moved into the United States or in interstate 
                commerce.
            (2) Ordering treatment or disposal by the owner.--Except as 
        provided in subsection (c), the Secretary may order the owner 
        of a plant, plant product, biological control organism, plant 
        pest, noxious weed, article, or means of conveyance subject to 
        disposal under paragraph (1), or the owner's agent, to treat, 
        apply other remedial measures to, destroy, or otherwise dispose 
        of the plant, plant product, biological control organism, plant 
        pest, noxious weed, article, or means of conveyance, without 
        cost to the Federal Government and in a manner the Secretary 
        considers appropriate.
            (3) Classification system for noxious weeds.--
                    (A) In general.--To facilitate control of noxious 
                weeds, the Secretary shall develop a classification 
                system to describe the status and action levels for 
                noxious weeds.
                    (B) Categories.--The classification system shall 
                differentiate between--
                            (i) noxious weeds that are not known to be 
                        introduced into the United States;
                            (ii) noxious weeds that are not known to be 
                        widely disseminated within the United States;
                            (iii) noxious weeds that are widely 
                        distributed within the United States; and
                            (iv) noxious weeds that are not indigenous, 
                        including native plant species that are 
                        invasive in limited geographic areas within the 
                        United States.
                    (C) Other categories.--In addition to the 
                categories required under subparagraph (B), the 
                Secretary may establish other categories of noxious 
                weeds for the system.
                    (D) Varying levels of regulation and control.--The 
                Secretary shall develop varying levels of regulation 
                and control appropriate to each of the categories of 
                the system.
                    (E) Application of regulations.--The regulations 
                issued to carry out this paragraph shall apply, as the 
                Secretary considers appropriate, to--
                            (i) exclude a noxious weed;
                            (ii) prevent further dissemination of a 
                        noxious weed through movement or commerce;
                            (iii) establish mandatory controls for a 
                        noxious weed; or
                            (iv) designate a noxious weed as warranting 
                        control efforts.
                    (F) Revisions.--The Secretary shall revise the 
                classification system, and the placement of individual 
                noxious weeds within the system, in response to 
                changing circumstances.
                    (G) Integrated management plans.--In conjunction 
                with the classification system, the Secretary may 
                develop an integrated management plan for a noxious 
                weed for the geographic region or ecological range of 
                the United States where the noxious weed is found or to 
                which the noxious weed may spread.
    (b) Extraordinary Emergencies.--
            (1) In general.--Subject to paragraph (2), if the Secretary 
        determines that an 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 a crop, other plant, plant 
        product, or the natural resources or environment of the United 
        States, the Secretary may--
                    (A) hold, seize, quarantine, treat, apply other 
                remedial measures to, destroy, or otherwise dispose of, 
                a plant, plant product, biological control organism, 
                plant pest, noxious weed, 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 a premises, including a plant, plant 
                product, biological control organism, article, 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 a State or portion of a State in 
                which the Secretary finds the plant pest or noxious 
                weed, or a plant, plant product, biological control 
                organism, article, or means of conveyance that the 
                Secretary has reason to believe is infested with the 
                plant pest or noxious weed; or
                    (D) prohibit or restrict the movement within a 
                State of a plant, plant product, biological control 
                organism, article, or means of conveyance if 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) Requirements for action.--
                    (A) Inadequate state measures.--After review and 
                consultation with the Governor or other appropriate 
                official of the State, the Secretary may take action 
                under this subsection only on a finding that the 
                measures being taken by the State are inadequate to 
                eradicate the plant pest or noxious weed.
                    (B) Notice to state and public.--Before taking any 
                action in a State under this subsection, the Secretary 
                shall--
                            (i) notify the Governor or another 
                        appropriate official of the State;
                            (ii) issue a public announcement; and
                            (iii) except as provided in subparagraph 
                        (C), publish in the Federal Register a 
                        statement of--
                                    (I) the Secretary's findings;
                                    (II) the action the Secretary 
                                intends to take;
                                    (III) the reason for the intended 
                                action; and
                                    (IV) if practicable, an estimate of 
                                the anticipated duration of the 
                                extraordinary emergency.
                    (C) Notice after action.--If it is not practicable 
                to publish a statement in the Federal Register under 
                subparagraph (B) prior to taking an action under this 
                subsection, the Secretary shall publish the statement 
                in the Federal Register within a reasonable period of 
                time, not to exceed 10 business days, after 
                commencement of the action.
            (3) Compensation.--
                    (A) In general.--The Secretary may pay compensation 
                to a person for economic losses incurred by the person 
                as a result of action taken by the Secretary under 
                paragraph (1).
                    (B) Final determination.--The determination by the 
                Secretary of the amount of any compensation paid under 
                this subsection shall be final and shall not be subject 
                to judicial review.
    (c) Least Drastic Action To Prevent Dissemination.--No plant, plant 
product, biological control organism, 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 a plant pest or 
noxious weed new to or not known to be widely prevalent or distributed 
within and throughout the United States.
    (d) Compensation of Owner for Unauthorized Disposal.--
            (1) In general.--The owner of a plant, plant product, 
        biological control organism, 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 the 
        United States District Court of the District of Columbia, not 
        later than 1 year after the destruction or disposal, and 
        recover just compensation for the destruction or disposal of 
        the plant, plant product, biological control organism, 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) Source for payments.--A 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. 7. INSPECTIONS, SEIZURES, AND WARRANTS.

    (a) In General.--Consistent with guidelines approved by the 
Attorney General, the Secretary may--
            (1) stop and inspect, without a warrant, a person or means 
        of conveyance moving into the United States to determine 
        whether the person or means of conveyance is carrying a plant, 
        plant product, biological control organism, or article 
        regulated under this Act or is moving subject to this Act;
            (2) stop and inspect, without a warrant, a person or means 
        of conveyance moving in interstate commerce on probable cause 
        to believe that the person or means of conveyance is carrying a 
        plant, plant product, biological control organism, or article 
        regulated under this Act or is moving subject to this Act;
            (3) stop and inspect, without a warrant, a person or means 
        of conveyance moving in interstate commerce from or within a 
        State, portion of a State, or premises quarantined under 
        section 6(b) on probable cause to believe that the person or 
        means of conveyance is carrying any plant, plant product, 
        biological control organism, or article regulated under this 
        Act or is moving subject to this Act; and
            (4) enter, with a warrant, a premises in the United States 
        for the purpose of making inspections and seizures under this 
        Act.
    (b) Warrants.--
            (1) In general.--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, on 
        proper oath or affirmation showing probable cause to believe 
        that there is on certain premises a plant, plant product, 
        biological control organism, article, facility, or means of 
        conveyance regulated under this Act, issue a warrant for entry 
        on the premises to make an inspection or seizure under this 
        Act.
            (2) Execution.--The warrant may be executed by the 
        Secretary or a United States Marshal.

SEC. 8. COOPERATION.

    (a) In General.--To carry out this Act, the Secretary may cooperate 
with--
            (1) other Federal agencies;
            (2) States or political subdivisions of States;
            (3) national, State, or local associations;
            (4) national governments;
            (5) local governments of other nations;
            (6) international organizations;
            (7) international associations; and
            (8) other persons.
    (b) Responsibility.--The individual or entity cooperating with the 
Secretary shall be responsible for conducting the operations or taking 
measures on all land and property within the foreign country or State, 
other than land and property owned or controlled by the United States, 
and for other facilities and means determined by the Secretary.
    (c) Transfer of Biological Control Methods.--At the request of a 
Federal or State land management agency, the Secretary may transfer to 
the agency biological control methods utilizing biological control 
organisms against plant pests or noxious weeds.
    (d) Improvement of Plants, Plant Products, and Biological Control 
Organisms.--The Secretary may cooperate with State authorities in the 
administration of regulations for the improvement of plants, plant 
products, and biological control organisms.

SEC. 9. PHYTOSANITARY CERTIFICATE FOR EXPORTS.

    The Secretary may certify a plant, plant product, or biological 
control organism as free from plant pests and noxious weeds, and 
exposure to plant pests and noxious weeds, according to the 
phytosanitary requirements of the country to which the plant, plant 
product, or biological control organism may be exported.

SEC. 10. ADMINISTRATION.

    (a) In General.--The Secretary may acquire and maintain such real 
or personal property, employ such persons, make such grants, and enter 
into such contracts, cooperative agreements, memoranda of 
understanding, or other agreements as are necessary to carry out this 
Act.
    (b) Personnel of User Fee Services.--Notwithstanding any other law, 
the Secretary shall provide adequate personnel for services provided 
under this Act that are funded by user fees.
    (c) Tort Claims.--
            (1) In general.--The Secretary may pay a tort claim (in the 
        manner authorized in the first paragraph of section 2672 of 
        title 28, United States Code) if the claim arises outside the 
        United States in connection with an activity authorized under 
        this Act.
            (2) Time limitation.--A claim may not be allowed under 
        paragraph (1) unless the claim is presented in writing to the 
        Secretary not later than 2 years after the claim accrues.

SEC. 11. REIMBURSABLE AGREEMENTS.

    (a) Preclearance.--
            (1) In general.--The Secretary may enter into a 
        reimbursable fee agreement with a person for preclearance (at a 
        location outside the United States) of plants, plant products, 
        and articles for movement into the United States.
            (2) Account.--All funds collected under this subsection 
        shall be credited to an account that may be established by the 
        Secretary and remain available until expended without fiscal 
        year limitation.
    (b) Overtime.--
            (1) In general.--Notwithstanding any other law, the 
        Secretary may pay an employee of the Department of Agriculture 
        performing services under this Act relating to imports into and 
        exports from the United States, for all overtime, night, or 
        holiday work performed by the employee, at a rate of pay 
        determined by the Secretary.
            (2) Reimbursement of secretary.--The Secretary may require 
        a person for whom the services are performed to reimburse the 
        Secretary for any funds paid by the Secretary for the services.
            (3) Account.--All funds collected under this subsection 
        shall be credited to the account that incurs the costs and 
        remain available until expended without fiscal year limitation.
    (c) Late Payment Penalty and Interest.--
            (1) Penalty.--On failure of a person to reimburse the 
        Secretary in accordance with this section, the Secretary may 
        assess a late payment penalty against the person.
            (2) Interest.--Overdue funds due the Secretary under this 
        section shall accrue interest in accordance with section 3717 
        of title 31, United States Code.
            (3) Account.--A late payment penalty and accrued interest 
        shall be credited to the account that incurs the costs and 
        shall remain available until expended without fiscal year 
        limitation.

SEC. 12. VIOLATIONS; PENALTIES.

    (a) Criminal Penalties.--A person who knowingly violates this Act, 
or who knowingly forges, counterfeits, or, without authority from the 
Secretary, uses, alters, defaces, or destroys a certificate, permit, or 
other document provided under this Act shall be guilty of a 
misdemeanor, and, on conviction, shall be fined in accordance with 
title 18, United States Code, or imprisoned for not more than 1 year, 
or both.
    (b) Civil Penalties.--
            (1) In general.--A person who violates this Act, or who 
        forges, counterfeits, or, without authority from the Secretary, 
        uses, alters, defaces, or destroys a certificate, permit, or 
        other document provided under this Act may, after notice and 
        opportunity for a hearing on the record, be assessed a civil 
        penalty by the Secretary of not more than $25,000 for each 
        violation.
            (2) Final order.--The order of the Secretary assessing a 
        civil penalty shall be treated as a final order that is 
        reviewable under chapter 158 of title 28, United States Code.
            (3) Validity of order.--The validity of an order of the 
        Secretary may not be reviewed in an action to collect the civil 
        penalty.
            (4) Interest.--A civil penalty not paid in full when due 
        under an order assessing the civil penalty shall (after the due 
        date) accrue interest until paid at the rate of interest 
        applicable to a civil judgment of a court of the United States.
    (c) Pecuniary Gains or Losses.--If a person derives pecuniary gain 
from an offense described in subsection (a) or (b), or if the offense 
results in pecuniary loss to a person other than the defendant, the 
defendant may be fined not more than an amount that is the greater of 
twice the gross gain or twice the gross loss, unless imposition of a 
fine under this subsection would unduly complicate or prolong the 
imposition of a fine or sentence under subsection (a) or (b).
    (d) Agents.--For purposes of this Act, the act, omission, or 
failure of an officer, agent, or person acting for or employed by any 
other person within the scope of the employment or office of the other 
person shall be considered also to be the act, omission, or failure of 
the other person.
    (e) Civil Penalties or Notice in Lieu of Prosecution.--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. 13. ENFORCEMENT.

    (a) Investigations, Evidence, and Subpoenas.--
            (1) Investigations.--The Secretary may gather and compile 
        information and conduct any investigations the Secretary 
        considers necessary for the administration and enforcement of 
        this Act.
            (2) Evidence.--The Secretary shall at all reasonable times 
        have the right to examine and copy any documentary evidence of 
        a person being investigated or proceeded against.
            (3) Subpoenas.--
                    (A) In general.--The Secretary shall have power to 
                require by 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.--The attendance of a witness and 
                production of documentary evidence may be required from 
                any place in the United States at any designated place 
                of hearing.
                    (C) Noncompliance with subpoena.--If a person 
                disobeys a subpoena, the Secretary may request the 
                Attorney General to invoke the aid of a 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 to require the 
                attendance and testimony of a witness and the 
                production of documentary evidence.
                    (D) Order.--If a person disobeys a subpoena, the 
                court may order the person to appear before the 
                Secretary and give evidence concerning the matter in 
                question or to produce documentary evidence.
                    (E) Noncompliance with order.--A failure to obey 
                the court's order may be punished by the court as a 
                contempt of the court.
                    (F) Fees and mileage.--
                            (i) In general.--A witness summoned by the 
                        Secretary shall be paid the same fees and 
                        reimbursement for mileage that is paid to a 
                        witness in the courts of the United States.
                            (ii) Depositions.--A witness whose 
                        deposition is taken, and the person taking the 
                        deposition, shall be entitled to the same fees 
                        that are paid for similar services in a court 
                        of the United States.
    (b) Attorney General.--The Attorney General may--
            (1) prosecute, in the name of the United States, a criminal 
        violation of this Act that is referred to the Attorney General 
        by the Secretary or is brought to the notice of the Attorney 
        General by a person;
            (2) bring an action to enjoin the violation of or to compel 
        compliance with this Act, or to enjoin any interference by a 
        person with the Secretary in carrying out this Act, if 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 a reimbursable agreement, late payment 
        penalty, or interest assessed under this Act.
    (c) Jurisdiction.--
            (1) In general.--Except as provided in section 12(b), a 
        United States district court, 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 shall have jurisdiction over all 
        cases arising under this Act.
            (2) Venue.--Except as provided in subsection (b), an 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.
            (3) Subpoenas.--A subpoena for a witness to attend court in 
        a judicial district or to testify or produce evidence at an 
        administrative hearing in a judicial district in an action or 
        proceeding arising under this Act may apply to any other 
        judicial district.

SEC. 14. PREEMPTION.

    (a) In General.--Except as provided in subsection (b), no State or 
political subdivision of a State may regulate any article, means of 
conveyance, plant, biological control organism, plant pest, noxious 
weed, or plant product in foreign commerce 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) State Noxious Weed Laws.--This Act shall not invalidate the law 
of any State or political subdivision of a State relating to noxious 
weeds, except that a State or political subdivision of a State may not 
permit any action that is prohibited under this Act.

SEC. 15. REGULATIONS AND ORDERS.

    The Secretary may issue such regulations and orders as the 
Secretary considers necessary to carry out this Act, including (at the 
option of the Secretary) regulations and orders relating to--
            (1) notification of arrival of plants, plant products, 
        biological control organisms, plant pests, noxious weeds, 
        articles, or means of conveyance;
            (2) prohibition or restriction of or on the importation, 
        entry, exportation, or movement in interstate commerce of 
        plants, plant products, biological control organisms, plant 
        pests, noxious weeds, articles, or means of conveyance;
            (3) holding, seizure of, quarantine of, treatment of, 
        application of remedial measures to, destruction of, or 
        disposal of plants, plant products, biological control 
        organisms, plant pests, noxious weeds, articles, premises, or 
        means of conveyance;
            (4) in the case of an extraordinary emergency, prohibition 
        or restriction on the movement of plants, plant products, 
        biological control organisms, plant pests, noxious weeds, 
        articles, or means of conveyance;
            (5) payment of compensation;
            (6) cooperation with other Federal agencies, States, 
        political subdivisions of States, national governments, local 
        governments of other countries, international organizations, 
        international associations, and other persons, entities, and 
        individuals;
            (7) 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 warning;
            (11) compilation of information;
            (12) conduct of 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) recordkeeping, 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 conditions for transit movement 
        through the United States; and
            (25) treatment of land for the prevention, suppression, or 
        control of plant pests or noxious weeds.

SEC. 16. AUTHORIZATION OF APPROPRIATIONS; TRANSFERS.

    (a) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        such sums as are necessary to carry out this Act.
            (2) Indemnities.--Except as specifically authorized by law, 
        no part of the money made available under paragraph (1) shall 
        be used to pay an indemnity for property injured or destroyed 
        by or at the direction of the Secretary.
    (b) Transfers.--
            (1) In general.--In connection with an emergency in which a 
        plant pest or noxious weeds threatens any segment of the 
        agricultural production of the United States, the Secretary may 
        transfer (from other appropriations or funds available to an 
        agency or corporation of the Department of Agriculture) such 
        funds as the Secretary considers necessary for the arrest, 
        control, eradication, and prevention of the spread of the plant 
        pest or noxious weed and for related expenses.
            (2) Availability.--Any funds transferred under this 
        subsection shall remain available to carry out paragraph (1) 
        without fiscal year limitation.

SEC. 17. REPEALS.

    The following provisions of law are repealed:
            (1) Public Law 97-46 (7 U.S.C. 147b).
            (2) The Joint Resolution of April 6, 1937 (50 Stat. 57, 
        chapter 69; 7 U.S.C. 148 et seq.).
            (3) Section 1773 of the Food Security Act of 1985 (7 U.S.C. 
        148f).
            (4) The Act of January 31, 1942 (56 Stat. 40, chapter 31; 7 
        U.S.C. 149).
            (5) The Golden Nematode Act (7 U.S.C. 150 et seq.).
            (6) The Federal Plant Pest Act (7 U.S.C. 150aa et seq.).
            (7) The Act of August 20, 1912 (commonly known as the 
        ``Plant Quarantine Act'') (37 Stat. 315, chapter 308; 7 U.S.C. 
        151 et seq.).
            (8) The Halogeton Glomeratus Control Act (7 U.S.C. 1651 et 
        seq.).
            (9) The Act of August 28, 1950 (64 Stat. 561, chapter 815; 
        7 U.S.C. 2260).
            (10) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et 
        seq.), other than the first section of the Act (Public Law 93-
        629; 7 U.S.C. 2801 note) and section 15 of the Act (7 U.S.C. 
        2814).
                                 <all>