[Congressional Record Volume 145, Number 16 (Thursday, January 28, 1999)]
[Senate]
[Pages S1081-S1086]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG:
  S. 321. A bill to streamline, modernize, and enhance 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 OF 1999

 Mr. CRAIG. Mr. President, I rise today to introduce the 
``Plant Protection Act of 1999''--a comprehensive bill which will focus 
the effort of federal agencies in fighting noxious weeds and other 
plant pests.
  Noxious weeds are a serious problem on both public and private lands 
across the nation. They are particularly troublesome in the West where 
much of our land is entrusted to the management of the federal 
government. A ``slow burning wildfire,'' noxious weeds take land out of 
production, force native species off the land, and interrupt the 
commerce and activities of all those who rely on the land for their 
livelihoods--including farmers, ranchers, recreationists, and others.
  The bill I introduce today will focus the efforts of the federal 
government to better fight this wildfire. It organizes and expands the 
functions of the Animal and Plant Health Inspection Service (APHIS) and 
appoints it as the lead government agency in this fight.
  The bill was drafted with the assistance and advice of APHIS as well 
as several national agriculture organizations such as the American 
Nursery

[[Page S1082]]

and Landscape Association, National Association of State Departments of 
Agriculture, National Christmas Tree Association, National Potato 
Council, and American Farm Bureau Federation. The Idaho Department of 
Agriculture and many concerned citizens from my state have also helped 
me shape the bill I introduce today.
  Similar legislation will be introduced in the House of 
Representatives some time next month by Representative Canady of 
Florida. The two bills have only one difference. The bill I introduce 
today lacks the section on federal preemption included in Mr. Canady's 
legislation. This is an issue that will have to be addressed during the 
legislative process. I will admit that APHIS will not endorse the 
legislation without the preemption section. However, I am confident 
that, working together with all of those interested in fighting noxious 
weeds at the federal and state levels, we can resolve this matter in a 
way we might all agree to.
  Working together is what this entire effort is about. Along that same 
vein, I know of several Senators with an interest in this issue, 
including Senator Akaka who introduced legislation on this matter 
earlier this month, and I hope we can work together in finding a 
solution we can all support. In addition, I might mention that it is my 
understanding that the President and the Secretary of the Interior have 
expressed interest in noxious weeds and may be planning their own 
announcement. I invite them--indeed, I invite everyone interested in 
this matter--to work with me to find an approach which confronts this 
problem head on.
  Mr. President, I believe we must focus our efforts to rid our lands 
of these noxious weeds and plant pests. We must reclaim the rangeland 
for natural species. We must return the acres of lost farmland to 
production. Doing so will require the combined efforts of the federal 
government, state governments, local weed control boards, and private 
land owners.
  I believe the ``Plant Protection Act of 1999'' is the first step in 
this process.
  Mr. President, I ask unaminous consent that a copy 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. 321

       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

[[Page S1083]]

     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,

[[Page S1084]]

     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

[[Page S1085]]

     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 depositions 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

[[Page S1086]]

     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.
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