[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 321 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 321

To streamline, modernize, and enhance 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 28, 1999

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

_______________________________________________________________________

                                 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; 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; 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, noxious weeds, articles, 
                            and means of conveyance.
Sec. 103. Notification and holding requirements on arrival.
Sec. 104. General remedial measures for new plant pests and noxious 
                            weeds.
Sec. 105. Extraordinary emergencies.
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. Protection for mail carriers.
Sec. 305. Regulations and orders.
Sec. 306. Repeal of superseded laws.
               TITLE IV--AUTHORIZATION OF APPROPRIATIONS

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

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) the smooth movement of enterable plants, plant 
        products, certain biological control organisms, or other 
        articles into, out of, or within the United States is vital to 
        the economy of the United States and should be facilitated to 
        the extent practicable;
            (4) 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 plants, plant products, 
        biological control organisms, plant pests, noxious weeds, and 
        articles capable of harboring plant pests or noxious weeds 
        would 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 threaten crops, other plants, and plant products 
        of the United States and burden interstate commerce or foreign 
        commerce; and
            (7) all plants, plant products, biological control 
        organisms, plant pests, noxious weeds, 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 a material or 
        tangible object that could harbor a pest, disease, or noxious 
        weed.
            (2) Biological control organism.--The term ``biological 
        control organism'' means an enemy, antagonist, or competitor 
        organism used to control a plant pest or noxious weed.
            (3) Enter.--The term ``enter'' means to move into the 
        commerce of the United States.
            (4) Entry.--The term ``entry'' means the act of movement 
        into the commerce of the United States.
            (5) Export.--The term ``export'' means to move from the 
        United States to any place outside the United States.
            (6) Exportation.--The term ``exportation'' means the act of 
        movement from the United States to any place outside the United 
        States.
            (7) Import.--The term ``import'' means to move into the 
        territorial limits of the United States.
            (8) Importation.--The term ``importation'' means the act of 
        movement into the territorial limits of the United States.
            (9) Interstate.--The term ``interstate'' means--
                    (A) from 1 State into or through any other State; 
                or
                    (B) within the District of Columbia, Guam, the 
                Virgin Islands of the United States, or any other 
                territory or possession of the United States.
            (10) Interstate commerce.--The term ``interstate commerce'' 
        means trade, traffic, movement, or other commerce--
                    (A) between a place in a State and a point in 
                another State;
                    (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.
            (11) Means of conveyance.--The term ``means of conveyance'' 
        means any personal property or means that could harbor a pest, 
        disease, or noxious weed and that is used for or intended for 
        use for the movement of any other personal property.
            (12) 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;
                    (E) release into the environment; or
                    (F) allow any of the activities referred to this 
                paragraph to be conducted by a person under another 
                person's control.
            (13) Movement.--The term ``move'' means the act of--
                    (A) carrying, entering, importing, mailing, 
                shipping, or transporting;
                    (B) aiding, abetting, causing, or inducing the 
                carrying, entering, importing, mailing, shipping, or 
                transporting;
                    (C) offering to carry, enter, import, mail, ship, 
                or transport;
                    (D) receiving to carry, enter, import, mail, ship, 
                or transport;
                    (E) releasing into the environment; or
                    (F) allowing any of the activities referred to this 
                paragraph to be conducted by a person under another 
                person's control.
            (14) Noxious weed.--The term ``noxious weed'' means a plant 
        or plant product that has the potential to directly or 
        indirectly injure or cause damage to a plant or plant product 
        through injury or damage to a crop (including nursery stock or 
        a plant product), livestock, poultry, or other interest of 
        agriculture (including irrigation), navigation, natural 
        resources of the United States, public health, or the 
        environment.
            (15) Permit.--The term ``permit'' means a written 
        (including electronic) or oral authorization by the Secretary 
        to move a plant, plant product, biological control organism, 
        plant pest, noxious weed, article, or means of conveyance 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 (including a 
        plant part) for or capable of propagation (including a tree, 
        tissue culture, plantlet culture, pollen, shrub, vine, cutting, 
        graft, scion, bud, bulb, root, and seed).
            (18) Plant pest.--The term ``plant pest'' means--
                    (A) a living stage of a protozoan, invertebrate 
                animal, parasitic plant, bacteria, fungus, virus, 
                viroid, infection agent, or pathogen that has the 
                potential to 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) a flower, fruit, vegetable, root, bulb, seed, 
                or other plant part that is not considered by the 
                Secretary to be a plant; and
                    (B) 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, 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.

                       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 a 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 
promulgate 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 
        promulgate 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.--A person may petition the Secretary to add a plant 
        pest to, or remove a plant pest from, the regulations 
        promulgated under paragraph (1).
            (3) Response to petition by the secretary.--In the case of 
        a petition submitted under paragraph (2), the Secretary shall--
                    (A) act on the petition within a reasonable time; 
                and
                    (B) notify the petitioner of the final action the 
                Secretary takes on the petition.
            (4) Basis for determination.--The determination of the 
        Secretary on the petition shall be based on sound science.
    (c) Prohibition of Unauthorized Mailing of Plant Pests.--
            (1) In general.--Subject to section 304, a letter, parcel, 
        box, or other package containing a plant pest, whether sealed 
        as letter-rate postal matter, is nonmailable, and a mail 
        carrier shall not knowingly convey in the mail or deliver from 
        a post office such a package, unless the package is mailed in 
        compliance with such regulations as the Secretary may 
        promulgate to prevent the dissemination of plant pests into the 
        United States or interstate.
            (2) Application of postal laws.--Nothing in this subsection 
        authorizes a person to open a mailed letter or other mailed 
        sealed matter except in accordance with the postal laws 
        (including regulations).
    (d) Regulations.--Regulations promulgated by the Secretary to 
implement subsections (a), (b), or (c) may include provisions requiring 
that a plant pest imported, entered, to be exported, moved in 
interstate commerce, mailed, or delivered from a post office--
            (1) be accompanied by a permit issued by the Secretary 
        before 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 a plant or plant product, or may be a 
        noxious weed; and
            (4) be subject to such remedial measures as the Secretary 
        determines are necessary to prevent the dissemination of plant 
        pests.

SEC. 102. REGULATION OF MOVEMENT OF PLANTS, PLANT PRODUCTS, BIOLOGICAL 
              CONTROL ORGANISMS, 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, 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 dissemination of a plant pest or noxious 
weed within the United States.
    (b) Regulations.--The Secretary may promulgate regulations to carry 
out this section, including regulations requiring that a plant, plant 
product, biological control organism, 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 appropriate 
        official 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) 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.
    (c) 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 plant species to or remove plant 
        species from list.--
                    (A) In general.--A person may petition the 
                Secretary to add a plant species to, or remove a plant 
                species from, the list authorized under paragraph (1).
                    (B) Action on petition.--The Secretary shall--
                            (i) act on the petition within a reasonable 
                        time; and
                            (ii) notify the petitioner of the final 
                        action the Secretary takes on the petition.
                    (C) Basis for determination.--The determination of 
                the Secretary on the petition shall be based on sound 
                science.
    (d) List of Biological Control Organisms.--
            (1) Publication.--The Secretary may publish, by regulation, 
        a list of biological control organisms the movement of which in 
        interstate commerce is not prohibited or restricted.
            (2) Distinctions.--In publishing the list, the Secretary 
        may take into account distinctions between biological control 
        organisms that are indigenous, nonindigenous, newly introduced, 
        or commercially raised.
            (3) Petitions to add biological control organisms to or 
        remove biological control organisms from list.--
                    (A) In general.--A person may petition the 
                Secretary to add a biological control organism to, or 
                remove a biological control organism from, the list 
                authorized under paragraph (1).
                    (B) Action on petition.--The Secretary shall--
                            (i) act on the petition within a reasonable 
                        time; and
                            (ii) notify the petitioner of the final 
                        action the Secretary takes on the petition.
                    (C) Basis for determination.--The determination of 
                the Secretary on the petition shall be based on sound 
                science.

SEC. 103. NOTIFICATION AND HOLDING REQUIREMENTS ON ARRIVAL.

    (a) Duty of Secretary of the Treasury.--
            (1) Notification.--The Secretary of the Treasury shall 
        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.
            (2) Holding.--The Secretary of the Treasury shall hold a 
        plant, plant product, biological control organism, plant pest, 
        noxious weed, article, or means of conveyance for which 
        notification is made under paragraph (1) at the port of entry 
        until the plant, plant product, biological control organism, 
        plant pest, noxious weed, article, or means of conveyance is--
                    (A) inspected and authorized by the Secretary of 
                Agriculture for entry into or movement through the 
                United States; or
                    (B) otherwise released by the Secretary.
            (3) Exceptions.--Paragraphs (1) and (2) 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 a country designated by 
        the Secretary, by regulation, as exempt from the requirements 
        of those paragraphs.
    (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 required to have a permit 
under section 101 or 102 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) Prohibition of Movement of Items Without Inspection and 
Authorization.--No person shall move from a 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--
            (1) inspected and authorized by the Secretary for entry 
        into or movement through the United States; or
            (2) 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 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 a plant, plant product, biological 
control organism, plant pest, noxious weed, article, or means of 
conveyance that--
            (1)(A) is moving into or through the United States or 
        interstate, or has moved into or through the United States or 
        interstate; and
            (B)(i) the Secretary has reason to believe is a plant pest 
        or noxious weed or is infested with a plant pest or noxious 
        weed at the time of the movement; or
            (ii) is or has been otherwise in violation of this Act;
            (2) has not been maintained in compliance with a post-entry 
        quarantine requirement; or
            (3) is the 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.
    (b) Authority To Order an Owner To Treat or Destroy.--
            (1) In general.--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 action 
        under subsection (a), 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.
            (2) Failure to comply.--If the owner or agent of the owner 
        fails to comply with an order of the Secretary under paragraph 
        (1), 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) In general.--To facilitate control of noxious weeds, 
        the Secretary may develop a classification system to describe 
        the status and action levels for noxious weeds.
            (2) Categories.--The classification system may include the 
        geographic distribution, relative threat, and actions initiated 
        to prevent introduction or distribution.
            (3) 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, plant product, 
biological control organism, 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. EXTRAORDINARY EMERGENCIES.

    (a) Authority to Declare.--Subject to subsection (b), 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, 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;
            (2) quarantine, treat, or apply other remedial measures to 
        any 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;
            (3) 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
            (4) 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.
    (b) Required Finding of Emergency.--The Secretary may take action 
under this section only on 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 prevent the 
dissemination of the plant pest or noxious weed or 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 a State under this section, the 
        Secretary shall--
                    (A) notify the Governor or another appropriate 
                official of the State;
                    (B) issue a public announcement; and
                    (C) except as provided in paragraph (2), publish in 
                the Federal Register a statement of--
                            (i) the findings of the Secretary;
                            (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.
            (2) Time sensitive actions.--If it is not practicable to 
        publish a statement in the Federal Register under paragraph (1) 
        before taking an action under this section, 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.
    (d) Application of Least Drastic Action.--No plant, plant product, 
biological control organism, 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 a 
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.--
            (1) 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 this section.
            (2) Amount.--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 a plant, plant product, 
biological control organism, 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 product, biological control organism, plant pest, noxious 
weed, article, or means of conveyance (not including compensation for 
loss due to delays incident to determining eligibility for importation, 
entry, exportation, movement in interstate commerce, or release into 
the environment) if the owner establishes that the destruction or 
disposal was not authorized under this Act.
    (b) Time for Action; Location.--
            (1) Time for action.--An action under this section shall be 
        brought not later than 1 year after the destruction or disposal 
        of the plant, plant product, biological control mechanism, 
        plant pest, noxious weed, article, or means of conveyance 
        involved.
            (2) Location.--The action may be brought in a United States 
        District Court where the owner is found, resides, transacts 
        business, is licensed to do business, or is incorporated.
    (c) Payment of Judgments.--A judgment in favor of the owner shall 
be paid out of any 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 under this 
section, the Secretary shall carry out a program to control 
grasshoppers and Mormon Crickets on all Federal land to protect 
rangeland.
    (b) Transfer Authority.--
            (1) In general.--Subject to paragraph (3), on the request 
        of the Secretary, the Secretary of the Interior shall transfer 
        to the Secretary, from any no-year appropriations, funds for 
        the prevention, suppression, and control of actual or potential 
        grasshopper and Mormon Cricket outbreaks on Federal land under 
        the jurisdiction of the Secretary of the Interior.
            (2) Use.--The transferred funds shall be available only for 
        the payment of obligations incurred on the Federal land.
            (3) Transfer requests.--The Secretary shall make a request 
        for the transfer of funds under this subsection as promptly as 
        practicable.
            (4) Limitation.--The Secretary may not use funds 
        transferred under this subsection until funds specifically 
        appropriated to the Secretary for grasshopper and Mormon 
        Cricket control have been exhausted.
            (5) Replenishment of transferred funds.--Funds transferred 
        under this section shall be replenished by supplemental or 
        regular appropriations, which the Secretary shall request as 
        promptly as practicable.
    (c) Treatment for Grasshoppers and Mormon Crickets.--
            (1) In general.--Subject to the availability of funds under 
        this section, on request of the head of the administering 
        agency or the agriculture department of an affected State, the 
        Secretary, to protect rangeland, shall immediately treat 
        Federal, State, or private land that is infested with 
        grasshoppers or Mormon Crickets at levels of economic 
        infestation, unless the Secretary determines that delaying 
        treatment will not cause greater economic damage to adjacent 
        owners of rangeland.
            (2) Other programs.--In carrying out this section, the 
        Secretary shall work in conjunction with other Federal, State, 
        and private prevention, control, or suppression efforts to 
        protect rangeland.
    (d) Federal Cost Share of Treatment.--
            (1) Control on federal land.--Out of funds made available 
        under this section, the Secretary shall pay 100 percent of the 
        cost of grasshopper or Mormon Cricket control on Federal land 
        to protect rangeland.
            (2) Control on state land.--Out of funds made available 
        under this section, the Secretary shall pay 50 percent of the 
        cost of grasshopper or Mormon Cricket control on State land.
            (3) Control on private land.--Out of funds made available 
        under this section, the Secretary shall pay 33.3 percent of the 
        cost of grasshopper or Mormon Cricket control on private land.
    (e) Training.--From funds made available or transferred by the 
Secretary of the Interior to the Secretary to carry out this section, 
the Secretary shall provide adequate funding for a program to train 
personnel to accomplish effectively the purposes of this section.

SEC. 108. CERTIFICATION 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 or other requirements of the countries to which the 
plant, plant product, or biological control organism may be exported.

                  TITLE II--INSPECTION AND ENFORCEMENT

SEC. 201. 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, plant pest, noxious 
        weed, article, or means of conveyance 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, plant pest, 
        noxious weed, article, or means of conveyance subject to this 
        Act;
            (3) stop and inspect, without a warrant, a person or means 
        of conveyance moving in intrastate commerce or on premises 
        quarantined as part of an extraordinary emergency declared 
        under section 105 on probable cause to believe that the person 
        or means of conveyance is carrying a plant, plant product, 
        biological control organism, plant pest, noxious weed, article, 
        or means of conveyance subject to this Act; and
            (4) enter, with a warrant, a premises in the United States 
        for the purpose of conducting investigations or 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, on proper oath or affirmation showing probable cause 
        to believe that there is on certain premises a plant, plant 
        product, biological control organism, plant pest, noxious weed, 
        article, or means of conveyance regulated under this Act, issue 
        a warrant for entry on the premises to conduct an investigation 
        or make an inspection or seizure under this Act.
            (2) Execution.--The warrant may be applied for and executed 
        by the Secretary or a United States marshal.

SEC. 202. COLLECTION OF INFORMATION.

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

SEC. 203. SUBPOENA AUTHORITY.

    (a) Authority To Issue.--The Secretary may require by subpoena--
            (1) the attendance and testimony of a witness; and
            (2) the production of all documentary evidence relating to 
        the administration or enforcement of this Act or a matter under 
        investigation in connection with this Act.
    (b) Location of Production.--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) Enforcement of Subpoena.--If a person fails to comply with 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, in 
obtaining compliance.
    (d) Fees and Mileage.--
            (1) In general.--A witness summoned by the Secretary shall 
        be paid the same fees and mileage that are paid to a witness in 
        a court of the United States.
            (2) 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.
    (e) Procedures.--
            (1) In general.--The Secretary shall publish procedures for 
        the issuance of subpoenas under this section.
            (2) Legal sufficiency.--The procedures shall include a 
        requirement that a subpoena be reviewed for legal sufficiency 
        and signed by the Secretary.
            (3) Delegation.--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.--A subpoena for a witness to attend a 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 run to any other judicial 
district.

SEC. 204. PENALTIES FOR VIOLATION.

    (a) Criminal Penalties.--A person that knowingly violates this Act, 
or that 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, imprisoned not more than 1 year, or both.
    (b) Civil Penalties.--
            (1) In general.--A person that violates this Act, or that 
        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 that does not exceed the greater of--
                    (A) $50,000 in the case of an 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), or $250,000 in the case of any other person for 
                each violation, except the amount of penalties assessed 
                under this subparagraph in a single proceeding shall 
                not exceed $500,000; or
                    (B) twice the gross gain or gross loss for a 
                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's deriving pecuniary gain or causing 
                pecuniary loss to another person.
            (2) Factors in determining civil penalty.--In determining 
        the amount of a civil penalty, the Secretary--
                    (A) shall take into account the nature, 
                circumstance, extent, and gravity of the violation; and
                    (B) may take into account the ability to pay, the 
                effect on ability to continue to do business, any 
                history of prior violations, the degree of culpability 
                of the violator, and any other factors the Secretary 
                considers appropriate.
            (3) Settlement of civil penalties.--The Secretary may 
        compromise, modify, or remit, with or without conditions, a 
        civil penalty that may be assessed under this subsection.
            (4) Finality of orders.--
                    (A) In general.--An 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.
                    (B) Collection action.--The validity of an order of 
                the Secretary may not be reviewed in an action to 
                collect the civil penalty.
                    (C) 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 the courts of the United States.
    (c) Liability for Acts of an Agent.--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 employment or office 
of the officer, agent, or person, shall be considered 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, 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 any person;
            (2) bring a civil 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 
        Attorney General 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 a civil action for the recovery of an unpaid 
        civil penalty, funds under a reimbursable agreement, late 
        payment penalty, or interest assessed under this Act.

SEC. 206. COURT JURISDICTION.

    (a) In General.--Except as provided in section 204(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 are vested 
with jurisdiction in all cases arising under this Act.
    (b) Location.--An action arising under this Act may be brought, and 
process may be served, in the judicial district where--
            (1) a violation or interference occurred or is about to 
        occur; or
            (2) 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.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. COOPERATION.

    (a) In General.--To carry out this Act, the Secretary may cooperate 
with--
            (1) other Federal agencies or entities;
            (2) States or political subdivisions of States;
            (3) national governments;
            (4) local governments of other nations;
            (5) domestic or international organizations;
            (6) domestic or international associations; and
            (7) 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.--The Secretary may 
transfer to a Federal or State agency or other person biological 
control methods using biological control organisms against plant pests 
or noxious weeds.
    (d) Cooperation in Program Administration.--The Secretary may 
cooperate with State authorities or other persons in the administration 
of programs for the improvement of plants, plant products, and 
biological control organisms.

SEC. 302. BUILDINGS, LAND, PEOPLE, CLAIMS, AND AGREEMENTS.

    (a) In General.--The Secretary may acquire and maintain such real 
or personal property, and 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) Tort Claims.--
            (1) In general.--Except as provided in paragraph (2), 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) Requirements of claim.--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 arises.

SEC. 303. 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, 
        biological control organisms, articles, and means of conveyance 
        for movement to 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 shall 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 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) Collection.--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. 304. PROTECTION FOR MAIL CARRIERS.

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

SEC. 305. REGULATIONS AND ORDERS.

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

SEC. 306. REPEAL OF SUPERSEDED LAWS.

    (a) Repeal.--The following provisions of law are repealed:
            (1) Subsections (a) through (e) of section 102 of the 
        Department of Agriculture Organic Act of 1944 (7 U.S.C. 147a).
            (2) Section 1773 of the Food Security Act of 1985 (7 U.S.C. 
        148f).
            (3) The Golden Nematode Act (7 U.S.C. 150 et seq.).
            (4) The Federal Plant Pest Act (7 U.S.C. 150aa et seq).
            (5) The Joint Resolution of April 6, 1937 (56 Stat. 57, 
        chapter 69; 7 U.S.C. 148 et seq.).
            (6) The Act of January 31, 1942 (56 Stat. 40, chapter 31; 7 
        U.S.C. 149).
            (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 and section 15 of that Act 
        (7 U.S.C. 2801 note, 2814).
    (b) Effect on Regulations.--Regulations promulgated under the 
authority of a provision of law repealed by subsection (a) shall remain 
in effect until such time as the Secretary promulgates a regulation 
under section 304 that supersedes the earlier regulation.

               TITLE IV--AUTHORIZATION OF APPROPRIATIONS

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to carry out this Act.
    (b) Compensation.--Except as provided in section 106 and as 
specifically authorized by law, no part of the amounts appropriated 
under this section shall be used to provide compensation 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 a 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 dissemination 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>