[Congressional Record Volume 142, Number 134 (Wednesday, September 25, 1996)]
[Senate]
[Pages S11306-S11311]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 2128. A bill to consolidate and revise the authority of the 
Secretary of Agriculture relating to plant protection and quarantine, 
and for other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.


                        THE PLANT PROTECTION ACT

  Mr. AKAKA. Mr. President, today I am introducing the Plant 
Protection Act, a comprehensive consolidation of Federal laws governing 
plant pests, noxious weeds, and the plant products that harbor pests 
and weeds.

  Over the past century, numerous Federal laws have been enacted to 
address problems caused by plant pests and noxious weeds. While some of 
these laws are effective tools for protecting agriculture and the 
environment from these threats, others are in conflict or create 
enforcement ambiguities. The Nation's agricultural community, as well 
as private, State and Federal land managers, cannot afford the 
continuing uncertainty caused by Federal plant pest laws, some of which 
were enacted prior to World War I. Legislation to revise and 
consolidate Federal plant pest laws is urgently needed and long 
overdue.
  Agriculture Secretary Dan Glickman recently characterized the 
problems created by hodgepodge of Federal plant protection laws when he 
Stated that ``in some instances, it is unclear which statutes should be 
relied upon for authority. It is difficult to explain to the public why 
some apparently similar situations have to be treated differently 
because different authorities are involved.''
  A 1993 report issued by the Office of Technology Assessment reached 
the same conclusion. The OTA found that Federal and State statutes, 
regulations, and programs are not keeping pace with new and spreading 
alien pests.
  The Plant Protection Act will correct many, but not all, of these 
problems. The bill I have introduced today will enhance the Federal 
Government's ability to combat plant pests and noxious weeds, and 
protect our farms, environment, and economy from the harm they cause.
  Plant pests are a problem of monumental proportions. Some of the most 
damaging insects include the Mediterranean fruit fly, fire ant, and the 
gipsy moth. Disease pathogens include chestnut blight, which wiped out 
the most common tree of our Appalachian forests, the elm blight, which 
destroyed many splendid trees lining our city streets, and the white 
pine blister rust, which eliminated western white pine as a source of 
timber for several decades.

[[Page S11307]]

  Alien weeds also cause havoc, and nowhere is this problem more 
apparent than in Hawaii. Because our climate is so accommodating, 
Hawaii is heaven-on-earth for weeds. Alien plants such as gorse, ivy 
gourd, miconia, and banana poka are ravaging our tropical and 
subtropical forests. Earlier this year, Hawaii's environment passed an 
unfortunate milestone: for the first time, foreign introduced plants 
outnumber Hawaii's diverse native species.
  Hawaii is not alone in facing this problem. In fact, no State or 
region is immune to this threat.
  Invasive foreign weeds do more than just compete with domestic 
species. They transform the landscape, change the rules by which native 
plants and animals live, and undermine the economic and environmental 
health of the areas they infest.
  Alien weeds fuel grass and forest fires, promote soil erosion, and 
destroy critical water resources. They significantly increase the cost 
of farming and ranching. Noxious weeds destroy or alter natural 
habitat, damage waterways and power lines, and depress property values. 
Some are toxic to humans, livestock, and wildlife.
  Alien weeds are biological pollution, pure and simple. The worldwide 
growth in trade and travel has caused an explosion in the number of 
foreign weeds that plague our Nation.
  Just how big is this problem? Let me offer an example. Last year, on 
Federal lands alone, we lost 4,500 acres each day to noxious weeds. 
That's a million-and-a-half acres a year, or an area the size of 
Delaware. By comparison, forest fires--one of the most fearsome natural 
disasters--claimed only half as many Federal acres as weeds.

  Noxious foreign weeds have been called a biological wildfire, and for 
good reason. Forests, national parks, recreation areas, urban 
landscapes, wilderness, grasslands, waterways, farm and range land 
across the Nation are overrun by noxious weeds.
  The greatest economic impact of this problem is felt by farmers. The 
Office of Technology Assessment estimates that exotic weeds cost U.S. 
farmers $3.6 to $5.4 billion annually due to reduced yields, crops of 
poor quality, increased herbicide use, and other weed control costs. 
Noxious weeds are a significant drain on farm productivity.
  Despite the magnitude of this problem, few people get alarmed about 
weeds. The issue certainly doesn't appear on the cover of Time or 
Newsweek. Perhaps if kudzu, a weed known as the ``vine that ate the 
South,'' attacked the Capitol dome, weeds would finally get the 
attention they deserve.
  Several of these foreign weeds are truly the ``King Kong of plants.'' 
Some are 50 feet tall. Others have 4 inch thorns. Some have roots 25 
feet deep, and others produce 20 million seeds each year.
  My least-favorite weed is the tropical soda apple, a thorny plant 
with a sweet-sounding name. This import from Brazil has inch long 
spikes covering its stems and leaves. The only attractive thing about 
this plant is its small yellow and green fruit.
  Tropical soda apple presents a particularly difficult control problem 
because the fruit is a favorite among cattle. They consume the apples 
and then pass the seeds in their manure where new weed infestations 
quickly sprout. As cattle are shipped from State to State with soda 
apple seeds in their stomachs you can easily see how the problem 
rapidly spreads. It's a weed control nightmare.
  The saga of tropical soda apple prompted me to introduce S. 690, the 
Federal Noxious Weed Improvement Act in April 1995. S. 690 would grant 
the Secretary of Agriculture emergency powers to restrict the entry of 
a foreign weed until formal action can be taken to place it on the 
noxious weed list. This legislation would prevent future tropical soda 
apples from taking root.
  I have incorporated the text of S. 690 into section 4 of the Plant 
Protection Act. Other provisions of the legislation I have introduced 
today are drawn from USDA recommendations for consolidating weed and 
plant pest authorities.
  Because the U.S. Department of Agriculture's authority over plant 
pests and noxious weeds is dispersed throughout numerous statutes, 
Federal efforts to protect agriculture, forestry, and our environment 
are seriously hindered. To enable the Department to respond more 
efficiently to this challenge, I have introduced legislation to 
consolidate these authorities into a single statute. The text of this 
measure is drawn from draft recommendations prepared by USDA, although 
I have made some significant changes, particularly in the provisions 
relating to weeds.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2128

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the detection, control, eradication, suppression, 
     prevention, and retardation of the spread of plant pests and 
     noxious weeds is necessary for the protection of the 
     agriculture, environment, and economy of the United States;
       (2) biological control--
       (A) is often a desirable, low-risk means of ridding crops 
     and other plants of plant pests and noxious weeds; and
       (B) should be facilitated by the Secretary of Agriculture, 
     Federal agencies, and States, whenever feasible;
       (3) markets could be severely impacted by the introduction 
     or spread of pests or noxious weeds into or within the United 
     States;
       (4) the unregulated movement of plant pests, noxious weeds, 
     plants, biological control organisms, plant products, and 
     articles capable of harboring plant pests or noxious weeds 
     would present an unacceptable risk of introducing or 
     spreading plant pests or noxious weeds;
       (5) the existence on any premises in the United States of a 
     plant pest or noxious weed new to or not known to be widely 
     prevalent in or distributed within and throughout the United 
     States could threaten crops, other plants, plant products, 
     and the natural resources and environment of the United 
     States and burden interstate commerce or foreign commerce; 
     and
       (6) all plant pests, noxious weeds, plants, plant products, 
     or articles capable of harboring plant pests or noxious weeds 
     regulated under this Act are in or affect interstate commerce 
     or foreign commerce.

     SEC. 3. DEFINITIONS.

       In this Act (unless the context otherwise requires):
       (1) Article.--The term ``article'' means any material or 
     tangible object that could harbor a pest, disease, or noxious 
     weed.
       (2) Biological control organism.--The term ``biological 
     control organism'' means a biological entity, as defined by 
     the Secretary, that suppresses or decreases the population of 
     another biological entity.
       (3) Enter.--The term ``enter'' means to move into the 
     commerce of the United States.
       (4) Entry.--The term ``entry'' means the act of movement 
     into the commerce of the United States.
       (5) Export.--The term ``export'' means to move from the 
     United States to any place outside the United States.
       (6) Exportation.--The term ``exportation'' means the act of 
     movement from the United States to any place outside the 
     United States.
       (7) Import.--The term ``import'' means to move into the 
     territorial limits of the United States.
       (8) Importation.--The term ``importation'' means the act of 
     movement into the territorial limits of the United States.
       (9) Indigenous.--The term ``indigenous'' means a plant 
     species found naturally as part of a natural habitat in a 
     geographic area in the United States.
       (10) Interstate.--The term ``interstate'' means from 1 
     State into or through any other State, or within the District 
     of Columbia, Guam, the Virgin Islands of the United States, 
     or any other territory or possession of the United States.
       (11) Interstate commerce.--The term ``interstate commerce'' 
     means trade, traffic, movement, or other commerce--
       (A) between a place in a State and a point in another 
     State;
       (B) between points within the same State but through any 
     place outside the State; or
       (C) within the District of Columbia, Guam, the Virgin 
     Islands of the United States, or any other territory or 
     possession of the United States.
       (12) Means of conveyance.--The term ``means of conveyance'' 
     means any personal property or means used for or intended for 
     use for the movement of any other personal property.
       (13) Move.--The term ``move'' means to--
       (A) carry, enter, import, mail, ship, or transport;
       (B) aid, abet, cause, or induce the carrying, entering, 
     importing, mailing, shipping, or transporting;
       (C) offer to carry, enter, import, mail, ship, or 
     transport;
       (D) receive to carry, enter, import, mail, ship, or 
     transport; or

[[Page S11308]]

       (E) allow any of the activities referred to this paragraph.
       (14) Noxious weed.--The term ``noxious weed'' means a 
     plant, seed, reproductive part, or propagative part of a 
     plant that--
       (A) can directly or indirectly injure or cause damage to a 
     crop, other useful plant, plant product, livestock, poultry, 
     or other interest of agriculture (including irrigation), 
     navigation, public health, or natural resources or 
     environment of the United States; and
       (B) belongs to a species that is not indigenous to the 
     geographic area or ecosystem in which it is causing injury or 
     damage.
       (15) Permit.--The term ``permit'' means a written or oral 
     authorization (including electronic authorization) by the 
     Secretary to move a plant, plant product, biological control 
     organism, plant pest, noxious weed, or article under 
     conditions prescribed by the Secretary.
       (16) Person.--The term ``person'' means an individual, 
     partnership, corporation, association, joint venture, or 
     other legal entity.
       (17) Plant.--The term ``plant'' means a plant or plant part 
     for or capable of propagation, including a tree, shrub, vine, 
     bulb, root, pollen, seed, tissue culture, plantlet culture, 
     cutting, graft, scion, and bud.
       (18) Plant pest.--The term ``plant pest'' means--
       (A) a living stage of a protozoan, animal, bacteria, 
     fungus, virus, viroid, infection agent, or parasitic plant 
     that can directly or indirectly injure or cause damage to, or 
     cause disease in, a plant or plant product; or
       (B) an article that is similar to or allied with an article 
     referred to in subparagraph (A).
       (19) Plant product.--The term ``plant product'' means a 
     flower, fruit, vegetable, root, bulb, seed, or other plant 
     part that is not considered a plant or a manufactured or 
     processed plant or plant part.
       (20) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (21) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, and any other territory or possession of the United 
     States.
       (22) United states.--The term ``United States'', when used 
     in a geographical sense, means all of the States.

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

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

       (I) by striking ``Upon his approval of said list, in whole 
     or in part, the Secretary of Agriculture'' and inserting ``On 
     the receipt of the list by the Secretary of Agriculture, the 
     Secretary''; and
       (II) by striking ``said approved lists'' and inserting 
     ``the lists'';

       (v) by inserting after the second sentence the following: 
     ``On the request of a representative of a State, a Federal 
     agency shall act on behalf of the State to obtain a warrant 
     to inspect mail to carry out this paragraph.''; and
       (vi) in the last sentence, by striking ``be forward'' and 
     inserting ``be forwarded''; and
       (B) in the third paragraph, by striking ``plant or plant 
     product'' and inserting ``plant, plant product, animal, or 
     other organism''.

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

       (a) Notification and Holding by Secretary of the 
     Treasury.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary of the Treasury shall--
       (A) promptly notify the Secretary of the arrival of a 
     plant, plant product, biological control organism, plant 
     pest, noxious weed, article, or means of conveyance at a port 
     of entry; and
       (B) hold the plant, plant product, biological control 
     organism, plant pest, noxious weed, article, or means of 
     conveyance until inspected and authorized for entry into or 
     transit movement through the United States, or otherwise 
     released by the Secretary.
       (2) Application.--Paragraph (1) shall not apply to a plant, 
     plant product, biological control organism, plant pest, 
     noxious weed, article, or means of conveyance that is 
     imported from a country or region of countries that the 
     Secretary designates as exempt from paragraph (1), pursuant 
     to such regulations as the Secretary may issue.
       (b) Notification by Responsible Person.--The person 
     responsible for a plant, plant product, biological control 
     organism, plant pest, noxious weed, article, or means of 
     conveyance subject to subsection (a) shall promptly, on 
     arrival at the port of entry and before the plant, plant 
     product, biological control organism, plant pest, noxious 
     weed, article, or means of conveyance is moved from the port 
     of entry, notify the Secretary or, at the Secretary's 
     direction, the proper official of the State to which the 
     plant, plant product, biological control organism, plant 
     pest, noxious weed, article, or means of conveyance is 
     destined, or both, as the Secretary may prescribe, of--
       (1) the name and address of the consignee;
       (2) the nature and quantity of the plant, plant product, 
     biological control organism, plant pest, noxious weed, 
     article, or means of conveyance proposed to be moved; and

[[Page S11309]]

       (3) the country and locality where the plant, plant 
     product, biological control organism, plant pest, noxious 
     weed, article, or means of conveyance was grown, produced, or 
     located.
       (c) No Movement Without Inspection and Authorization.--No 
     person shall move from the port of entry or interstate an 
     imported plant, plant product, biological control organism, 
     plant pest, noxious weed, article, or means of conveyance 
     unless the imported plant, plant product, biological control 
     organism, plant pest, noxious weed, article, or means of 
     conveyance has been inspected and authorized for entry into 
     or transit movement through the United States, or otherwise 
     released by the Secretary.

     SEC. 6. REMEDIAL MEASURES OR DISPOSAL FOR PLANT PESTS OR 
                   NOXIOUS WEEDS; EXTRAORDINARY EMERGENCY.

       (a) Remedial Measures or Disposal for Plant Pests or 
     Noxious Weeds.--
       (1) In general.--Except as provided in subsection (c), if 
     the Secretary considers it necessary to prevent the 
     dissemination of a plant pest or noxious weed new to or not 
     known to be widely prevalent or distributed within and 
     throughout the United States, the Secretary may hold, seize, 
     quarantine, treat, apply other remedial measures to, destroy, 
     or otherwise dispose of--
       (A) a plant, plant product, biological control organism, 
     plant pest, noxious weed, article, or means of conveyance 
     that is moving into or through the United States or 
     interstate and that the Secretary has reason to believe is 
     infested with the plant pest or noxious weed;
       (B) a plant, plant product, biological control organism, 
     plant pest, noxious weed, article, or means of conveyance 
     that has moved into the United States or interstate and that 
     the Secretary has reason to believe was infested with the 
     plant pest or noxious weed at the time of the movement;
       (C) a plant, plant product, biological control organism, 
     plant pest, noxious weed, article, or means of conveyance 
     that is moving into or through the United States or 
     interstate, or has moved into the United States or 
     interstate, in violation of this Act;
       (D) a plant, plant product, biological control organism, 
     plant pest, noxious weed, article, or means of conveyance 
     that has not been maintained in compliance with a post-entry 
     quarantine requirement;
       (E) a progeny of a plant, plant product, biological control 
     organism, plant pest, or noxious weed that is moving into or 
     through the United States or interstate, or has moved into 
     the United States or interstate, in violation of this Act; or
       (F) a plant, plant product, biological control organism, 
     plant pest, noxious weed, article, or means of conveyance 
     that is infested with a plant pest or noxious weed that the 
     Secretary has reason to believe was moved into the United 
     States or in interstate commerce.
       (2) Ordering treatment or disposal by the owner.--Except as 
     provided in subsection (c), the Secretary may order the owner 
     of a plant, plant product, biological control organism, plant 
     pest, noxious weed, article, or means of conveyance subject 
     to disposal under paragraph (1), or the owner's agent, to 
     treat, apply other remedial measures to, destroy, or 
     otherwise dispose of the plant, plant product, biological 
     control organism, plant pest, noxious weed, article, or means 
     of conveyance, without cost to the Federal Government and in 
     a manner the Secretary considers appropriate.
       (3) Classification system for noxious weeds.--
       (A) In general.--To facilitate control of noxious weeds, 
     the Secretary shall develop a classification system to 
     describe the status and action levels for noxious weeds.
       (B) Categories.--The classification system shall 
     differentiate between--
       (i) noxious weeds that are not known to be introduced into 
     the United States;
       (ii) noxious weeds that are not known to be widely 
     disseminated within the United States;
       (iii) noxious weeds that are widely distributed within the 
     United States; and
       (iv) noxious weeds that are not indigenous, including 
     native plant species that are invasive in limited geographic 
     areas within the United States.
       (C) Other categories.--In addition to the categories 
     required under subparagraph (B), the Secretary may establish 
     other categories of noxious weeds for the system.
       (D) Varying levels of regulation and control.--The 
     Secretary shall develop varying levels of regulation and 
     control appropriate to each of the categories of the system.
       (E) Application of regulations.--The regulations issued to 
     carry out this paragraph shall apply, as the Secretary 
     considers appropriate, to--
       (i) exclude a noxious weed;
       (ii) prevent further dissemination of a noxious weed 
     through movement or commerce;
       (iii) establish mandatory controls for a noxious weed; or
       (iv) designate a noxious weed as warranting control 
     efforts.
       (F) Revisions.--The Secretary shall revise the 
     classification system, and the placement of individual 
     noxious weeds within the system, in response to changing 
     circumstances.
       (G) Integrated management plans.--In conjunction with the 
     classification system, the Secretary may develop an 
     integrated management plan for a noxious weed for the 
     geographic region or ecological range of the United States 
     where the noxious weed is found or to which the noxious weed 
     may spread.
       (b) Extraordinary Emergencies.--
       (1) In general.--Subject to paragraph (2), if the Secretary 
     determines that an extraordinary emergency exists because of 
     the presence of a plant pest or noxious weed new to or not 
     known to be widely prevalent in or distributed within and 
     throughout the United States and that the presence of the 
     plant pest or noxious weed threatens a crop, other plant, 
     plant product, or the natural resources or environment of the 
     United States, the Secretary may--
       (A) hold, seize, quarantine, treat, apply other remedial 
     measures to, destroy, or otherwise dispose of, a plant, plant 
     product, biological control organism, plant pest, noxious 
     weed, article, or means of conveyance that the Secretary has 
     reason to believe is infested with the plant pest or noxious 
     weed;
       (B) quarantine, treat, or apply other remedial measures to 
     a premises, including a plant, plant product, biological 
     control organism, article, or means of conveyance on the 
     premises, that the Secretary has reason to believe is 
     infested with the plant pest or noxious weed;
       (C) quarantine a State or portion of a State in which the 
     Secretary finds the plant pest or noxious weed, or a plant, 
     plant product, biological control organism, article, or means 
     of conveyance that the Secretary has reason to believe is 
     infested with the plant pest or noxious weed; or
       (D) prohibit or restrict the movement within a State of a 
     plant, plant product, biological control organism, article, 
     or means of conveyance if the Secretary determines that the 
     prohibition or restriction is necessary to prevent the 
     dissemination of the plant pest or noxious weed or to 
     eradicate the plant pest or noxious weed.
       (2) Requirements for action.--
       (A) Inadequate state measures.--After review and 
     consultation with the Governor or other appropriate official 
     of the State, the Secretary may take action under this 
     subsection only on a finding that the measures being taken by 
     the State are inadequate to eradicate the plant pest or 
     noxious weed.
       (B) Notice to state and public.--Before taking any action 
     in a State under this subsection, the Secretary shall--
       (i) notify the Governor or another appropriate official of 
     the State;
       (ii) issue a public announcement; and
       (iii) except as provided in subparagraph (C), publish in 
     the Federal Register a statement of--

       (I) the Secretary's findings;
       (II) the action the Secretary intends to take;
       (III) the reason for the intended action; and
       (IV) if practicable, an estimate of the anticipated 
     duration of the extraordinary emergency.

       (C) Notice after action.--If it is not possible to publish 
     a statement in the Federal Register under subparagraph (B) 
     prior to taking an action under this subsection, the 
     Secretary shall publish the statement in the Federal Register 
     within a reasonable period of time, not to exceed 10 business 
     days, after commencement of the action.
       (3) Compensation.--
       (A) In general.--The Secretary may pay compensation to a 
     person for economic losses incurred by the person as a result 
     of action taken by the Secretary under paragraph (1).
       (B) Final determination.--The determination by the 
     Secretary of the amount of any compensation paid under this 
     subsection shall be final and shall not be subject to 
     judicial review.
       (c) Least Drastic Action to Prevent Dissemination.--No 
     plant, plant product, biological control organism, article, 
     or means of conveyance shall be destroyed, exported, or 
     returned to the shipping point of origin, or ordered to be 
     destroyed, exported, or returned to the shipping point of 
     origin under this section unless, in the opinion of the 
     Secretary, there is no less drastic action that is feasible, 
     and that would be adequate, to prevent the dissemination of a 
     plant pest or noxious weed new to or not known to be widely 
     prevalent or distributed within and throughout the United 
     States.
       (d) Compensation of Owner for Unauthorized Disposal.--
       (1) In general.--The owner of a plant, plant product, 
     biological control organism, article, or means of conveyance 
     destroyed or otherwise disposed of by the Secretary under 
     this section may bring an action against the United States in 
     the United States District Court of the District of Columbia, 
     not later than 1 year after the destruction or disposal, and 
     recover just compensation for the destruction or disposal of 
     the plant, plant product, biological control organism, 
     article, or means of conveyance (not including compensation 
     for loss due to delays incident to determining eligibility 
     for importation, entry, exportation, movement in interstate 
     commerce, or release into the environment) if the owner 
     establishes that the destruction or disposal was not 
     authorized under this Act.
       (2) Source for payments.--A judgment rendered in favor of 
     the owner shall be paid out of the money in the Treasury 
     appropriated for plant pest control activities of the 
     Department of Agriculture.

     SEC. 7. INSPECTIONS, SEIZURES, AND WARRANTS.

       (a) In General.--Consistent with guidelines approved by the 
     Attorney General, the Secretary may--

[[Page S11310]]

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

     SEC. 8. COOPERATION.

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

     SEC. 9. PHYTOSANITARY CERTIFICATE FOR EXPORTS.

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

     SEC. 10. ADMINISTRATION.

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

     SEC. 11. REIMBURSABLE AGREEMENTS.

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

     SEC. 12. VIOLATIONS; PENALTIES.

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

     SEC. 13. ENFORCEMENT.

       (a) Investigations, Evidence, and Subpoenas.--
       (1) Investigations.--The Secretary may gather and compile 
     information and conduct any investigations the Secretary 
     considers necessary for the administration and enforcement of 
     this Act.
       (2) Evidence.--The Secretary shall at all reasonable times 
     have the right to examine and copy any documentary evidence 
     of a person being investigated or proceeded against.
       (3) Subpoenas.--
       (A) In general.--The Secretary shall have power to require 
     by subpoena the attendance and testimony of any witness and 
     the production of all documentary evidence relating to the 
     administration or enforcement of this Act or any matter under 
     investigation in connection with this Act.
       (B) Location.--The attendance of a witness and production 
     of documentary evidence may be required from any place in the 
     United States at any designated place of hearing.
       (C) Noncompliance with subpoena.--If a person disobeys a 
     subpoena, the Secretary may request the Attorney General to 
     invoke the aid of a court of the United States within the 
     jurisdiction in which the investigation is conducted, or 
     where the person resides, is found, transacts business, is 
     licensed to do business, or is incorporated to require the 
     attendance and testimony of a witness and the production of 
     documentary evidence.
       (D) Order.--If a person disobeys a subpoena, the court may 
     order the person to appear before the Secretary and give 
     evidence concerning the matter in question or to produce 
     documentary evidence.
       (E) Noncompliance with order.--A failure to obey the 
     court's order may be punished by the court as a contempt of 
     the court.

[[Page S11311]]

       (F) Fees and mileage.--
       (i) In general.--A witness summoned by the Secretary shall 
     be paid the same fees and reimbursement for mileage that is 
     paid to a witness in the courts of the United States.
       (ii) Depositions.--A witness whose deposition is taken, and 
     the person taking the deposition, shall be entitled to the 
     same fees that are paid for similar services in a court of 
     the United States.
       (b) Attorney General.--The Attorney General may--
       (1) prosecute, in the name of the United States, a criminal 
     violation of this Act that is referred to the Attorney 
     General by the Secretary or is brought to the notice of the 
     Attorney General by a person;
       (2) bring an action to enjoin the violation of or to compel 
     compliance with this Act, or to enjoin any interference by a 
     person with the Secretary in carrying out this Act, if the 
     Secretary has reason to believe that the person has violated 
     or is about to violate this Act, or has interfered, or is 
     about to interfere, with the Secretary; and
       (3) bring an action for the recovery of any unpaid civil 
     penalty, funds under a reimbursable agreement, late payment 
     penalty, or interest assessed under this Act.
       (c) Jurisdiction.--
       (1) In general.--Except as provided in section 12(b), a 
     United States district court, the District Court of Guam, the 
     District Court of the Virgin Islands, the highest court of 
     American Samoa, and the United States courts of other 
     territories and possessions shall have jurisdiction over all 
     cases arising under this Act.
       (2) Venue.--Except as provided in subsection (b), an action 
     arising under this Act may be brought, and process may be 
     served, in the judicial district where a violation or 
     interference occurred or is about to occur, or where the 
     person charged with the violation, interference, impending 
     violation, impending interference, or failure to pay resides, 
     is found, transacts business, is licensed to do business, or 
     is incorporated.
       (3) Subpoenas.--A subpoena for a witness to attend court in 
     a judicial district or to testify or produce evidence at an 
     administrative hearing in a judicial district in an action or 
     proceeding arising under this Act may apply to any other 
     judicial district.

     SEC. 14. PREEMPTION.

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

     SEC. 15. REGULATIONS AND ORDERS.

       The Secretary may issue such regulations and orders as the 
     Secretary considers necessary to carry out this Act, 
     including (at the option of the Secretary) regulations and 
     orders relating to--
       (1) notification of arrival of plants, plant products, 
     biological control organisms, plant pests, noxious weeds, 
     articles, or means of conveyance;
       (2) prohibition or restriction of or on the importation, 
     entry, exportation, or movement in interstate commerce of 
     plants, plant products, biological control organisms, plant 
     pests, noxious weeds, articles, or means of conveyance;
       (3) holding, seizure of, quarantine of, treatment of, 
     application of remedial measures to, destruction of, or 
     disposal of plants, plant products, biological control 
     organisms, plant pests, noxious weeds, articles, premises, or 
     means of conveyance;
       (4) in the case of an extraordinary emergency, prohibition 
     or restriction on the movement of plants, plant products, 
     biological control organisms, plant pests, noxious weeds, 
     articles, or means of conveyance;
       (5) payment of compensation;
       (6) cooperation with other Federal agencies, States, 
     political subdivisions of States, national governments, local 
     governments of other countries, international organizations, 
     international associations, and other persons, entities, and 
     individuals;
       (7) transfer of biological control methods for plant pests 
     or noxious weeds;
       (8) negotiation and execution of agreements;
       (9) acquisition and maintenance of real and personal 
     property;
       (10) issuance of letters of warning;
       (11) compilation of information;
       (12) conduct of investigations;
       (13) transfer of funds for emergencies;
       (14) approval of facilities and means of conveyance;
       (15) denial of approval of facilities and means of 
     conveyance;
       (16) suspension and revocation of approval of facilities 
     and means of conveyance;
       (17) inspection, testing, and certification;
       (18) cleaning and disinfection;
       (19) designation of ports of entry;
       (20) imposition and collection of fees, penalties, and 
     interest;
       (21) recordkeeping, marking, and identification;
       (22) issuance of permits and phytosanitary certificates;
       (23) establishment of quarantines, post-importation 
     conditions, and post-entry quarantine conditions;
       (24) establishment of conditions for transit movement 
     through the United States; and
       (25) treatment of land for the prevention, suppression, or 
     control of plant pests or noxious weeds.

     SEC. 16. AUTHORIZATION OF APPROPRIATIONS; TRANSFERS.

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

     SEC. 17. REPEALS.

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