[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1504 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1504

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 21, 1999

    Mr. Canady of Florida (for himself, Mr. Ewing, Mr. Ehrlich, Mr. 
  Etheridge, Mr. Condit, Mr. Foley, Mr. Blumenauer, Mrs. Thurman, Mr. 
Boyd, and Mr. Hayes) 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.--The table of contents of this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
                       TITLE I--PLANT PROTECTION

Sec. 101. Regulation of movement of plant pests.
Sec. 102. Regulation of movement of plants, plant products, biological 
                            control organisms, articles, noxious weeds, 
                            and means of conveyance.
Sec. 103. Notification and holding requirements upon arrival.
Sec. 104. General remedial measures for new plant pests and noxious 
                            weeds.
Sec. 105. Declaration of extraordinary emergency and resulting 
                            authorities.
Sec. 106. Recovery of compensation for unauthorized activities.
Sec. 107. Control of grasshoppers and Mormon crickets.
Sec. 108. Certification for exports.
                  TITLE II--INSPECTION AND ENFORCEMENT

Sec. 201. Inspections, seizures, and warrants.
Sec. 202. Collection of information.
Sec. 203. Subpoena authority.
Sec. 204. Penalties for violation.
Sec. 205. Enforcement actions of Attorney General.
Sec. 206. Court jurisdiction.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Cooperation.
Sec. 302. Buildings, land, people, claims, and agreements.
Sec. 303. Reimbursable agreements.
Sec. 304. Regulations and orders.
Sec. 305. Protection for mail handlers.
Sec. 306. Preemption.
Sec. 307. Severability.
Sec. 308. Repeal of superseded laws.
               TITLE IV--AUTHORIZATION OF APPROPRIATIONS

Sec. 401. Authorization of appropriations.
Sec. 402. Transfer authority.

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:
            (1) Article.--The term ``article'' means any material or 
        tangible object that could harbor plant pests or noxious weeds.
            (2) Biological control organism.--The term ``biological 
        control organism'' means any enemy, antagonist, or competitor 
        used to control a plant pest or noxious weed.
            (3) Enter and entry.--The terms ``enter'' and ``entry'' 
        mean to move into, or the act of movement into, the commerce of 
        the United States.
            (4) Export and exportation.--The terms ``export'' and 
        ``exportation'' mean to move from, or the act of movement from, 
        the United States to any place outside of the United States.
            (5) Import and importation.--The terms ``import'' and 
        ``importation'' mean to move into, or the act of movement into, 
the territorial limits of the United States.
            (6) Interstate.--The term ``interstate'' means--
                    (A) from one State into or through any other State; 
                or
                    (B) within the District of Columbia, Guam, the 
                Virgin Islands of the United States, or any other 
                territory or possession of the United States.
            (7) Interstate commerce.--The term ``interstate commerce'' 
        means trade, traffic, or other commerce--
                    (A) between a place in a State and a point in 
                another State, or between points within the same State 
                but through any place outside that State; or
                    (B) within the District of Columbia, Guam, the 
                Virgin Islands of the United States, or any other 
                territory or possession of the United States.
            (8) Means of conveyance.--The term ``means of conveyance'' 
        means any personal property used for or intended for use for 
        the movement of any other personal property.
            (9) Move and related terms.--The terms ``move'', 
        ``moving'', and ``movement'' mean--
                    (A) to carry, enter, import, mail, ship, or 
                transport;
                    (B) to aid, abet, cause, or induce the carrying, 
                entering, importing, mailing, shipping, or 
                transporting;
                    (C) to offer to carry, enter, import, mail, ship, 
                or transport;
                    (D) to receive to carry, enter, import, mail, ship, 
                or transport;
                    (E) to release into the environment; or
                    (F) to allow any of the activities described in a 
                preceding clause.
            (10) Noxious weed.--The term ``noxious weed'' means any 
        plant or plant product that can directly or indirectly injure 
        or cause damage to crops (including nursery stock or plant 
        products), livestock, poultry, or other interests of 
        agriculture, irrigation, navigation, the natural resources of 
        the United States, the public health, or the environment.
            (11) Permit.--The term ``permit'' means a written or oral 
        authorization, including by electronic methods, by the 
        Secretary to move plants, plant products, biological control 
        organisms, plant pests, noxious weeds, or articles under 
        conditions prescribed by the Secretary.
            (12) Person.--The term ``person'' means any individual, 
        partnership, corporation, association, joint venture, or other 
        legal entity.
            (13) Plant.--The term ``plant'' means any plant (including 
        any plant part) for or capable of propagation, including trees, 
        tissue cultures, plantlet cultures, pollen, shrubs, vines, 
        cuttings, grafts, scions, buds, bulbs, roots, and seeds.
            (14) Plant pest.--The term ``plant pest'' means any living 
        stage of any of the following that can directly or indirectly 
        injure, cause damage to, or cause disease in any plant or plant 
        product:
                    (A) A protozoan.
                    (B) A nonhuman animal.
                    (C) A parasitic plant.
                    (D) A bacteria.
                    (E) A fungus.
                    (F) A virus or viroid.
                    (G) An infectious agent or other pathogen.
                    (H) Any article similar to or allied with any of 
                the articles specified in the preceding subparagraphs.
            (15) Plant product.--The term ``plant product'' means--
                    (A) any flower, fruit, vegetable, root, bulb, seed, 
                or other plant part that is not included in the 
                definition of plant; or
                    (B) any manufactured or processed plant or plant 
                part.
            (16) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (17) State.--The term ``State'' means any of the several 
        States of the United States, the Commonwealth of the Northern 
        Mariana Islands, the Commonwealth of Puerto Rico, the District 
        of Columbia, Guam, the Virgin Islands of the United States, or 
        any other territory or possession of the United States.
            (18) This act.--Except when used in this section, the term 
        ``this Act'' includes any regulation or order issued by the 
        Secretary under the authority of this Act.
            (19) United states.--The term ``United States'' means all 
        of the States.

                       TITLE I--PLANT PROTECTION

SEC. 101. REGULATION OF MOVEMENT OF 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 importation, 
entry, exportation, or movement is authorized under general or specific 
permit and is in accordance with such regulations as the Secretary may 
issue to prevent the introduction of plant pests into the United States 
or the dissemination of plant pests within the United States.
    (b) Authorization of Movement of Plant Pests by Regulation.--
            (1) Exception to permit requirement.--The Secretary may 
        issue regulations to allow the importation, entry, exportation, 
        or movement in interstate commerce of specified plant pests 
        without further restriction if the Secretary finds that a 
        permit under subsection (a) is not necessary.
            (2) Petition to add or remove plant pests from 
        regulation.--Any person may petition the Secretary to add a 
        plant pest to, or remove a plant pest from, the regulations 
        issued by the Secretary under paragraph (1).
            (3) Response to petition by the secretary.--In the case of 
        a petition submitted under paragraph (2), the Secretary shall 
        act on the petition within a reasonable time and notify the 
        petitioner of the final action the Secretary takes on the 
        petition. The Secretary's determination on the petition shall 
        be based on sound science.
    (c) Prohibition of Unauthorized Mailing of Plant Pests.--
            (1) In general.--Any letter, parcel, box, or other package 
        containing any plant pest, whether sealed as letter-rate postal 
        matter or not, is nonmailable and shall not knowingly be 
        conveyed in the mail or delivered from any post office or by 
        any mail carrier, unless the letter, parcel, box, or other 
        package is mailed in compliance with such regulations as the 
        Secretary may issue to prevent the dissemination of plant pests 
        into the United States or interstate.
            (2) Application of postal laws and regulations.--Nothing in 
        this subsection authorizes any person to open any mailed letter 
        or other mailed sealed matter except in accordance with the 
        postal laws and regulations.
    (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. REGULATION OF MOVEMENT OF 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 dissemination of a plant pest or noxious 
weed within the United States.
    (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 is 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.--Any 
        person may petition the Secretary to add a plant species to, or 
        remove a plant species from, the regulations issued by the 
        Secretary under this subsection.
            (3) Duties of the secretary.--In the case of a petition 
        submitted under paragraph (2), the Secretary shall act on the 
        petition within a reasonable time and notify the petitioner of 
        the final action the Secretary takes on the petition. The 
        Secretary's determination on the petition shall be based on 
        sound science.
    (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.--Any person may petition the Secretary to 
        add a biological control organism to, or remove a biological 
        control organism from, the regulations issued by the Secretary 
        under this subsection.
            (3) Duties of the secretary.--In the case of a petition 
        submitted under paragraph (2), the Secretary shall act on the 
        petition within a reasonable time and notify the petitioner of 
        the final action the Secretary takes on the petition. The 
        Secretary's determination on the petition shall be based on 
        sound science.

SEC. 103. NOTIFICATION AND HOLDING REQUIREMENTS UPON ARRIVAL.

    (a) Duty of Secretary of the Treasury.--
            (1) Notification.--The Secretary of the Treasury shall 
        promptly notify the Secretary of Agriculture of the arrival of 
        any plant, plant product, biological control organism, plant 
        pest, or noxious weed at a port of entry.
            (2) Holding.--The Secretary of the Treasury shall hold a 
        plant, plant product, biological control organism, plant pest, 
        or noxious weed for which notification is made under paragraph 
        (1) at the port of entry until the plant, plant product, 
        biological control organism, plant pest, or noxious weed is--
                    (A) inspected and authorized for entry into or 
                transit movement through the United States; or
                    (B) otherwise released by the Secretary of 
                Agriculture.
            (3) Exceptions.--Paragraphs (1) and (2) shall not apply to 
        any plant, plant product, biological control organism, plant 
        pest, or noxious weed that is imported from a country or region 
        of a country designated by the Secretary of Agriculture, 
        pursuant to regulations, as exempt from the requirements of 
        such paragraphs.
    (b) Duty of Responsible Parties.--
            (1) Notification.--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 provide the notification 
        described in paragraph (3) as soon as possible after the 
        arrival of the plant, plant product, biological control 
        organism, plant pest, noxious weed, article, or means of 
        conveyance at a 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.
            (2) Submission.--The notification shall be provided to 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.
            (3) Elements of notification.--The notification shall 
        consist of the following:
                    (A) The name and address of the consignee.
                    (B) 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.
                    (C) 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 a 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--
            (1) is inspected and authorized for entry into or transit 
        movement through the United States; or
            (2) is otherwise released by the Secretary.

SEC. 104. GENERAL REMEDIAL MEASURES FOR NEW PLANT PESTS AND NOXIOUS 
              WEEDS.

    (a) Authority To Hold, Treat, or Destroy Items.--If the Secretary 
considers it necessary in order to prevent the dissemination of a plant 
pest or noxious weed that is 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 any plant, plant pest, noxious weed, 
biological control organism, plant product, article, or means of 
conveyance that--
            (1) is moving into or through the United States or 
        interstate, or has moved into or through the United States or 
        interstate, and--
                    (A) the Secretary has reason to believe is a plant 
                pest or noxious weed or is infested with a plant pest 
                or noxious weed at the time of the movement; or
                    (B) is or has been otherwise in violation of this 
                Act;
            (2) has not been maintained in compliance with a post-entry 
        quarantine requirement; or
            (3) is the progeny of any plant, biological control 
        organism, plant product, plant pest, or noxious weed that is 
        moving into or through the United States or interstate, or has 
        moved into the United States or interstate, in violation of 
        this Act.
    (b) Authority To Order an Owner To Treat or Destroy.--
            (1) In general.--The Secretary may order the owner of any 
        plant, biological control organism, plant product, plant pest, 
        noxious weed, article, or means of conveyance subject to action 
        under subsection (a), or the owner's agent, to treat, apply 
        other remedial measures to, destroy, or otherwise dispose of 
        the plant, biological control organism, plant product, plant 
        pest, noxious weed, article, or means of conveyance, without 
        cost to the Federal Government and in the manner the Secretary 
        considers appropriate.
            (2) Failure to comply.--If the owner or agent of the owner 
        fails to comply with the Secretary's order under this 
        subsection, the Secretary may take an action authorized by 
        subsection (a) and recover from the owner or agent of the owner 
        the costs of any care, handling, application of remedial 
        measures or disposal incurred by the Secretary in connection 
        with actions taken under subsection (a).
    (c) Classification System.--
            (1) Development required.--To facilitate control of 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.
            (2) 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.
    (d) Application of Least Drastic Action.--No plant, biological 
control organism, plant product, plant pest, noxious weed, article, or 
means of conveyance shall be destroyed, exported, or returned to the 
shipping point of origin, or ordered to be destroyed, exported, or 
returned to the shipping point of origin under this section unless, in 
the opinion of the Secretary, there is no less drastic action that is 
feasible and that would be adequate to prevent the dissemination of any 
plant pest or noxious weed new to or not known to be widely prevalent 
or distributed within and throughout the United States.

SEC. 105. DECLARATION OF EXTRAORDINARY EMERGENCY AND RESULTING 
              AUTHORITIES.

    (a) Authority To Declare.--If the Secretary determines that an 
extraordinary emergency exists because of the presence of a plant pest 
or noxious weed that is new to or not known to be widely prevalent in 
or distributed within and throughout the United States and that the 
presence of the plant pest or noxious weed threatens plants or plant 
products of the United States, the Secretary may--
            (1) hold, seize, quarantine, treat, apply other remedial 
        measures to, destroy, or otherwise dispose of, any plant, 
        biological control organism, plant product, article, or means 
        of conveyance that the Secretary has reason to believe is 
        infested with the plant pest or noxious weed;
            (2) quarantine, treat, or apply other remedial measures to 
        any premises, including any plants, biological control 
        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;
            (3) quarantine any State or portion of a State in which the 
        Secretary finds the plant pest or noxious weed or any plant, 
        biological control organism, plant product, article, or means 
        of conveyance that the Secretary has reason to believe is 
        infested with the plant pest or noxious weed; and
            (4) prohibit or restrict the movement within a State of any 
        plant, biological control organism, plant product, article, or 
        means of conveyance when the Secretary determines that the 
        prohibition or restriction is necessary to prevent the 
        dissemination of the plant pest or noxious weed or to eradicate 
        the plant pest or noxious weed.
    (b) Required Finding of Emergency.--The Secretary may take action 
under this section only upon finding, after review and consultation 
with the Governor or other appropriate official of the State affected, 
that the measures being taken by the State are inadequate to eradicate 
the plant pest or noxious weed.
    (c) Notification Procedures.--
            (1) In general.--Except as provided in paragraph (2), 
        before any action is taken in any State under this section, the 
        Secretary shall notify the Governor or other appropriate 
        official of the State affected, issue a public announcement, 
        and file for publication in the Federal Register a statement of 
        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.
            (2) Time sensitive actions.--If it is not possible to file 
        for publication in the Federal Register prior to taking action, 
        the filing shall be made within a reasonable time, not to 
        exceed 10 business days, after commencement of the action.
    (d) Application of Least Drastic Action.--No plant, biological 
control organism, plant product, plant pest, noxious weed, article, or 
means of conveyance shall be destroyed, exported, or returned to the 
shipping point of origin, or ordered to be destroyed, exported, or 
returned to the shipping point of origin under this section unless, in 
the opinion of the Secretary, there is no less drastic action that is 
feasible and that would be adequate to prevent the dissemination of any 
plant pest or noxious weed new to or not known to be widely prevalent 
or distributed within and throughout the United States.
    (e) Payment of Compensation.--The Secretary may pay compensation to 
any person for economic losses incurred by them as a result of action 
taken by the Secretary under this section. 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.

SEC. 106. RECOVERY OF COMPENSATION FOR UNAUTHORIZED ACTIVITIES.

    (a) Recovery Action.--The owner of any plant, plant biological 
control organism, plant product, plant pest, noxious weed, article, or 
means of conveyance destroyed or otherwise disposed of by the Secretary 
under section 104 or 105 may bring an action against the United States 
to recover just compensation for the destruction or disposal of the 
plant, plant biological control organism, plant product, plant pest, 
noxious weed, article, or means of conveyance (not including 
compensation for loss due to delays incident to determining eligibility 
for importation, entry, exportation, movement in interstate commerce, 
or release into the environment), but only if the owner establishes 
that the destruction or disposal was not authorized under this Act.
    (b) Time for Action; Location.--An action under this section shall 
be brought not later than one year after the destruction or disposal of 
the plant, plant biological control organism, plant product, plant 
pest, noxious weed, article, or means of conveyance involved. The 
action may be brought in any United States District Court where the 
owner is found, resides, transacts business, is licensed to do 
business, or is incorporated.
    (c) 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. 107. CONTROL OF GRASSHOPPERS AND MORMON CRICKETS.

    (a) In General.--Subject to the availability of funds pursuant to 
this section, the Secretary of Agriculture shall carry out a program to 
control grasshoppers and Mormon Crickets on all Federal lands to 
protect rangeland.
    (b) Transfer Authority.--
            (1) In general.--Subject to paragraph (3), upon the request 
        of the Secretary of Agriculture, the Secretary of the Interior 
        shall transfer to the Secretary of Agriculture, from any no-
        year appropriations, funds for the prevention, suppression, and 
        control of actual or potential grasshopper and Mormon Cricket 
        outbreaks on Federal lands under the jurisdiction of the 
        Secretary of the Interior. The transferred funds shall be 
        available only for the payment of obligations incurred on such 
        Federal lands.
            (2) Transfer requests.--Requests for the transfer of funds 
        pursuant to this subsection shall be made as promptly as 
        possible by the Secretary of Agriculture.
            (3) Limitation.--Funds transferred pursuant to this 
        subsection may not be used by the Secretary of Agriculture 
        until funds specifically appropriated to the Secretary of 
        Agriculture for grasshopper control have been exhausted.
            (4) 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.
    (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 agriculture department of an affected State, the 
        Secretary of Agriculture, 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 of Agriculture shall work in conjunction with other 
        Federal, State, and private prevention, control, or suppression 
        efforts to protect rangeland.
    (d) Federal Cost Share of Treatment.--
            (1) Control on federal lands.--Out of funds made available 
        or transferred under this section, the Secretary of Agriculture 
        shall pay 100 percent of the cost of grasshopper or Mormon 
        Cricket control on Federal lands to protect rangeland.
            (2) Control on state lands.--Out of funds made available 
        under this section, the Secretary of Agriculture shall pay 50 
        percent of the cost of grasshopper or Mormon Cricket control on 
        State lands.
            (3) Control on private lands.--Out of funds made available 
        under this section, the Secretary of Agriculture shall pay 33.3 
        percent of the cost of grasshopper or Mormon Cricket control on 
        private lands.
    (e) Training.--From appropriated funds made available or 
transferred by the Secretary of the Interior to the Secretary of 
Agriculture for such purposes, the Secretary of Agriculture shall 
provide adequate funding for a program to train personnel to accomplish 
effectively the objective of this section.

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.

                  TITLE II--INSPECTION AND ENFORCEMENT

SEC. 201. INSPECTIONS, SEIZURES, AND WARRANTS.

    (a) Role of Attorney General.--The activities authorized by this 
section shall be carried out consistent with guidelines approved by the 
Attorney General.
    (b) Warrantless Inspections.--The Secretary may stop and inspect, 
without a warrant, any person or means of conveyance moving--
            (1) into the United States to determine whether the person 
        or means of conveyance is carrying any plant, plant product, 
        biological control organism, plant pest, noxious weed, or 
        article subject to this Act;
            (2) in interstate commerce upon probable cause to believe 
        that the person or means of conveyance is carrying any plant, 
        plant product, biological control organism, plant pest, noxious 
weed, or article subject to this Act; and
            (3) in intrastate commerce from or within any State, 
        portion of a State, or premises quarantined as part of a 
        extraordinary emergency declared under section 105 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 such section or is moving subject to such 
        section.
    (c) Inspections With a Warrant.--
            (1) General authority.--The Secretary may enter, with a 
        warrant, any premises in the United States for the purpose of 
        conducting investigations or making inspections and seizures 
        under this Act.
            (2) Application and issuance of a warrant.--Upon proper 
        oath or affirmation showing probable cause to believe that 
        there is on certain premises any plant, plant product, 
        biological control organism, plant pest, noxious weed, article, 
        facility, or means of conveyance regulated under this Act, a 
        United States judge, a judge of a court of record in the United 
        States, or a United States magistrate judge may, within the 
        judge's or magistrate's jurisdiction, issue a warrant for the 
        entry upon the premises to conduct any investigation or make 
        any inspection or seizure under this Act. The warrant may be 
        applied for and executed by the Secretary or any United States 
        Marshal.

SEC. 202. COLLECTION OF INFORMATION.

    The Secretary may gather and compile information and conduct any 
investigations the Secretary considers necessary for the administration 
and enforcement of this Act.

SEC. 203. SUBPOENA AUTHORITY.

    (a) Authority To Issue.--The Secretary shall have power to subpoena 
the attendance and testimony of any witness, and the production of all 
documentary evidence relating to the 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. In case of a refusal to 
obey a subpoena issued to any person, a court may order the person to 
appear before the Secretary and give evidence concerning the matter in 
question or to produce documentary evidence. Any failure to obey the 
court's order may be punished by the court as a contempt of the court.
    (d) Compensation.--Witnesses summoned by the Secretary shall be 
paid the same fees and mileage that are paid to witnesses in courts of 
the United States, and witnesses whose depositions are taken and the 
persons taking the depositions shall be entitled to the same fees that 
are paid for similar services in the courts of the United States.
    (e) Procedures.--The Secretary shall publish procedures for the 
issuance of subpoenas under this section. Such procedures shall include 
a requirement that subpoenas be reviewed for legal sufficiency and 
signed by the Secretary. If the authority to sign a subpoena is 
delegated, the agency receiving the delegation shall seek review for 
legal sufficiency outside that agency.
    (f) Scope of Subpoena.--Subpoenas for witnesses to attend court in 
any judicial district or to testify or produce evidence at an 
administrative hearing in any judicial district in any action or 
proceeding arising under this Act may run to any other judicial 
district.

SEC. 204. PENALTIES FOR VIOLATION.

    (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 any individual (except 
                that the civil penalty may not exceed $1,000 in the 
                case of an initial violation of this Act by an 
individual moving regulated articles not for monetary gain), $250,000 
in the case of any other person for each violation, and $500,000 for 
all violations adjudicated in a single proceeding; or
                    (B) twice the gross gain or gross loss for any 
                violation 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 subsection.
            (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. 205. ENFORCEMENT ACTIONS OF 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.

SEC. 206. COURT JURISDICTION.

    (a) In General.--The United States district courts, the District 
Court of Guam, the District Court of the Virgin Islands, the highest 
court of American Samoa, and the United States courts of other 
territories and possessions are vested with jurisdiction in all cases 
arising under this Act. 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.
    (b) Exception.--This section does not apply to the imposition of 
civil penalties under section 204(b).

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. COOPERATION.

    (a) In General.--The Secretary may cooperate with other Federal 
agencies or entities, 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) Cooperation in Program Administration.--The Secretary may 
cooperate with State authorities or other persons in the administration 
of programs for the improvement of plants, plant products, and 
biological control organisms.

SEC. 302. 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 section 2672 of title 28, United States 
        Code, when the claims arise outside the United States in 
        connection with activities that are authorized under this 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. 303. 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 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 section 3717 of title 31, United States Code.
            (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. 304. REGULATIONS AND ORDERS.

    The Secretary may issue such regulations and orders as the 
Secretary considers necessary to carry out this Act.

SEC. 305. PROTECTION FOR MAIL HANDLERS.

    This Act shall not apply to any employee of the United States in 
the performance of the duties of the employee in handling the mail.

SEC. 306. 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 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. 307. 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. 308. REPEAL OF SUPERSEDED LAWS.

    (a) Repeal.--The following provisions of law are hereby repealed:
            (1) The Act of August 20, 1912 (commonly known as the Plant 
        Quarantine Act; 7 U.S.C. 151-164a, 167).
            (2) The Federal Plant Pest Act (7 U.S.C. 150aa et seq., 7 
        U.S.C. 147a note).
            (3) Subsections (a) through (e) of section 102 of the 
        Department of Agriculture Organic Act of 1944 (7 U.S.C. 147a).
            (4) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et 
        seq.), except section 15 of such Act (7 U.S.C. 2814).
            (5) The Act of January 31, 1942 (commonly known as the 
        Mexican Border Act; 7 U.S.C. 149).
            (6) The Joint Resolution of April 6, 1937 (commonly known 
        as the Insect Control Act; 7 U.S.C. 148 et seq.).
            (7) The Act of August 28, 1950 (Public Law 735; 7 U.S.C. 
        2260).
            (8) The Halogeton Glomeratus Act (7 U.S.C. 1651 et seq.).
            (9) The Golden Nematode Act (7 U.S.C. 150 et seq.).
            (10) Section 1773 of the Food Security Act of 1985 (Public 
        Law 99-198; 7 U.S.C. 148f).
    (b) Emergency Transfer Authority Regarding Plant Pests.--The first 
section of Public Law 97-46 (7 U.S.C. 147b) is amended--
            (1) by striking ``plant pests or''; and
            (2) by striking ``section 102 of the Act of September 21, 
        1944, as amended (7 U.S.C. 147a), and''.
    (c) Effect on Regulations.--Regulations issued under the authority 
of a provision of law repealed by subsection (a) shall remain in effect 
until such time as the Secretary issues a regulation under section 304 
that supersedes the earlier regulation.

               TITLE IV--AUTHORIZATION OF APPROPRIATIONS

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such amounts as may be 
necessary to carry out this Act. Except as specifically authorized by 
law, no part of the money appropriated under this section shall be used 
to pay indemnities for property injured or destroyed by or at the 
direction of the Secretary.

SEC. 402. TRANSFER AUTHORITY.

    (a) Authority To Transfer Certain Funds.--In connection with an 
emergency in which a plant pest or noxious weed threatens any segment 
of the agricultural production of the United States, the Secretary may 
transfer from other appropriations or funds available to the agencies 
or corporations of the Department of Agriculture such amounts as the 
Secretary considers 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.
    (b) Availability.--Any funds transferred under this section shall 
remain available for such purposes without fiscal year limitation.
                                 <all>