[Congressional Record Volume 145, Number 60 (Thursday, April 29, 1999)]
[Senate]
[Pages S4433-S4440]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG:
  S. 910. 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.


           noxious weed coordination and plant protection act

 Mr. CRAIG. Mr. President, I rise today to introduce the 
``Noxious Weed Coordination and Plant Protection Act of 1999''--a 
comprehensive bill which will focus the effort of federal agencies in 
fighting noxious weeds and other plant pests.
  In January I introduced the Plant Protection Act, S. 321. This bill 
generated a lot of discussion and several suggestions for improvement, 
much of which is reflected in the bill I am introducing today. The 
Noxious Weed Coordination and Plant Protection Act of 1999 retains most 
of S. 321 but includes a section on federal coordination of noxious 
weed removal.
  Mr. President, I ask that the bill and a section-by-section analysis 
be printed in the Record.
  The material follows:

                                 S. 910

       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 ``Noxious 
     Weed Coordination and 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.

[[Page S4434]]

                  TITLE II--INSPECTION AND ENFORCEMENT

Sec. 201. Inspections 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 handlers.
Sec. 305. Preemption.
Sec. 306. Regulations and orders.
Sec. 307. Repeal of superseded laws.

                     TITLE IV--FEDERAL COORDINATION

Sec. 401. Definitions.
Sec. 402. Invasive Species Council.
Sec. 403. Advisory committee.
Sec. 404. Invasive Species Action Plan.

                TITLE V--AUTHORIZATION OF APPROPRIATIONS

Sec. 501. Authorization of appropriations.
Sec. 502. 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 plant pest 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 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 an agent to participate in any of the activities 
     referred to in this paragraph.
       (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 an agent to participate in any of the 
     activities referred to in this paragraph.
       (14) Noxious weed.--The term ``noxious weed'' means a plant 
     or plant product that has the potential to directly or 
     indirectly injure or cause damage to a plant or plant product 
     through injury or damage to a crop (including nursery stock 
     or a plant product), livestock, poultry, or other interest of 
     agriculture (including irrigation), navigation, natural 
     resources of the United States, public health, or the 
     environment.
       (15) Permit.--The term ``permit'' means a written 
     (including electronic) or oral authorization by the Secretary 
     to move a plant, plant product, biological control organism, 
     plant pest, noxious weed, article, or means of conveyance 
     under conditions prescribed by the Secretary.
       (16) Person.--The term ``person'' means an individual, 
     partnership, corporation, association, joint venture, or 
     other legal entity.
       (17) Plant.--The term ``plant'' means a plant (including a 
     plant part) for or capable of propagation (including a tree, 
     tissue culture, plantlet culture, pollen, shrub, vine, 
     cutting, graft, scion, bud, bulb, root, and seed).
       (18) Plant pest.--The term ``plant pest'' means--
       (A) a living stage of a protozoan, invertebrate animal, 
     parasitic plant, bacteria, fungus, virus, viroid, infection 
     agent, or pathogen that has the potential to directly or 
     indirectly injure or cause damage to, or cause disease in, a 
     plant or plant product; or
       (B) an article that is similar to or allied with an article 
     referred to in subparagraph (A).
       (19) Plant product.--The term ``plant product'' means--
       (A) a flower, fruit, vegetable, root, bulb, seed, or other 
     plant part that is not covered by paragraph (17); 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 or not 
     sealed as letter-rate postal matter, is nonmailable and shall 
     not knowingly be conveyed in the mail or delivered from any 
     post office or by any mail carrier, unless the package is 
     mailed in

[[Page S4435]]

     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) by 
     appropriate officials of the country or State from which the 
     plant, plant product, biological control organism, noxious 
     weed, article, or means of conveyance is to be moved;
       (3) be subject to remedial measures the Secretary 
     determines to be necessary to prevent the spread of plant 
     pests or noxious weeds; and
       (4) 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, such as whether the organisms 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 Agriculture of the arrival 
     of a plant, plant product, biological control organism, plant 
     pest, or noxious weed at a port of entry.
       (2) Holding.--The Secretary of the Treasury shall hold a 
     plant, plant product, biological control organism, plant 
     pest, or noxious weed, for which notification is made under 
     paragraph (1) at the port of entry until the plant, plant 
     product, biological control organism, plant pest, or noxious 
     weed is--
       (A) inspected and authorized by the Secretary of 
     Agriculture for entry into or movement through the United 
     States; or
       (B) otherwise released by the Secretary of Agriculture.
       (3) Exceptions.--Paragraphs (1) and (2) shall not apply to 
     a plant, plant product, biological control organism, plant 
     pest, or noxious weed that is imported from a country or 
     region of a country designated by the Secretary of 
     Agriculture, 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, as soon as practicable 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 of Agriculture or, at the Secretary of 
     Agriculture'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 of Agriculture 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 of 
     Agriculture for entry into or movement through the United 
     States; or
       (2) otherwise released by the Secretary of Agriculture.

     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

[[Page S4436]]

     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.--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 of Agriculture 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 of Agriculture, the Secretary of the 
     Interior shall transfer to the Secretary of Agriculture, from 
     any no-year appropriations, funds for the prevention, 
     suppression, and control of actual or potential grasshopper 
     and Mormon Cricket outbreaks on Federal 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 of Agriculture shall 
     make a request for the transfer of funds under this 
     subsection as promptly as practicable.
       (4) Limitation.--The Secretary of Agriculture may not use 
     funds transferred under this subsection until funds 
     specifically appropriated to the Secretary of Agriculture 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 of Agriculture 
     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 of Agriculture, 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 of Agriculture 
     determines that delaying treatment will not cause greater 
     economic damage to adjacent owners of rangeland.
       (2) Other programs.--In carrying out this section, the 
     Secretary of Agriculture shall work in conjunction with other 
     Federal, State, and private prevention, control, or 
     suppression efforts to protect rangeland.
       (d) Federal Cost Share of Treatment.--
       (1) Control on federal land.--Out of funds made available 
     under this section, the Secretary of Agriculture 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 of Agriculture 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 of Agriculture 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 of Agriculture 
     to carry out this section, the Secretary of Agriculture 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 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

[[Page S4437]]

     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 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 under this 
     Act.
       (2) Execution.--The warrant may be applied for and executed 
     by the Secretary or a United States marshal.

     SEC. 202. COLLECTION OF INFORMATION.

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

     SEC. 203. SUBPOENA AUTHORITY.

       (a) Authority To Issue.--The Secretary may require by 
     subpoena--
       (1) the attendance and testimony of a witness; and
       (2) the production of all documentary evidence relating to 
     the administration or enforcement of this Act or a matter 
     under investigation in connection with this Act.
       (b) Location of Production.--The attendance of a witness 
     and production of documentary evidence may be required from 
     any place in the United States at any designated place of 
     hearing.
       (c) Enforcement of Subpoena.--If a person fails to comply 
     with a subpoena, the Secretary may request the Attorney 
     General to invoke the aid of a court of the United States 
     within the jurisdiction in which the investigation is 
     conducted, or where the person resides, is found, transacts 
     business, is licensed to do business, or is incorporated, in 
     obtaining compliance.
       (d) Fees and Mileage.--
       (1) In general.--A witness summoned by the Secretary shall 
     be paid the same fees and mileage that are paid to a witness 
     in a court of the United States.
       (2) Depositions.--A witness whose deposition is taken, and 
     the person taking the deposition, shall be entitled to the 
     same fees that are paid for similar services in a court of 
     the United States.
       (e) Procedures.--
       (1) In general.--The Secretary shall publish procedures for 
     the issuance of subpoenas under this section.
       (2) Legal sufficiency.--The procedures shall include a 
     requirement that a subpoena be reviewed for legal sufficiency 
     and signed by the Secretary.
       (3) Delegation.--If the authority to sign a subpoena is 
     delegated, the agency receiving the delegation shall seek 
     review for legal sufficiency outside that agency.
       (f) Scope of Subpoena.--A subpoena for a witness to attend 
     a court in a judicial district or to testify or produce 
     evidence at an administrative hearing in a judicial district 
     in an action or proceeding arising under this Act may run to 
     any other judicial district.

     SEC. 204. PENALTIES FOR VIOLATION.

       (a) Criminal Penalties.--A person that knowingly violates 
     this Act, or that knowingly forges, counterfeits, or, without 
     authority from the Secretary, uses, alters, defaces, or 
     destroys a certificate, permit, or other document provided 
     under this Act shall be guilty of a misdemeanor, and, on 
     conviction, shall be fined in accordance with title 18, 
     United States Code, imprisoned not more than 1 year, or both.
       (b) Civil Penalties.--
       (1) In general.--A person that violates this Act, or that 
     forges, counterfeits, or, without authority from the 
     Secretary, uses, alters, defaces, or destroys a certificate, 
     permit, or other document provided under this Act may, after 
     notice and opportunity for a hearing on the record, be 
     assessed a civil penalty by the Secretary that does not 
     exceed the greater of--
       (A) $50,000 in the case of an individual (except that the 
     civil penalty may not exceed $1,000 in the case of an initial 
     violation of this Act by an individual moving regulated 
     articles not for monetary gain), or $250,000 in the case of 
     any other person for each violation, except the amount of 
     penalties assessed under this subparagraph in a single 
     proceeding shall not exceed $500,000; or
       (B) twice the gross gain or gross loss for a violation or 
     forgery, counterfeiting, or unauthorized use, defacing or 
     destruction of a certificate, permit, or other document 
     provided for in this Act that results in the person's 
     deriving pecuniary gain or causing pecuniary loss to another 
     person.
       (2) Factors in determining civil penalty.--In determining 
     the amount of a civil penalty, the Secretary--
       (A) shall take into account the nature, circumstance, 
     extent, and gravity of the violation; and
       (B) may take into account the ability to pay, the effect on 
     ability to continue to do business, any history of prior 
     violations, the degree of culpability of the violator, and 
     any other factors the Secretary considers appropriate.
       (3) Settlement of civil penalties.--The Secretary may 
     compromise, modify, or remit, with or without conditions, a 
     civil penalty that may be assessed under this subsection.
       (4) Finality of orders.--
       (A) In general.--An order of the Secretary assessing a 
     civil penalty shall be treated as a final order reviewable 
     under chapter 158 of title 28, United States Code.
       (B) Collection action.--The validity of an order of the 
     Secretary may not be reviewed in an action to collect the 
     civil penalty.
       (C) Interest.--A civil penalty not paid in full when due 
     under an order assessing the civil penalty shall (after the 
     due date) accrue interest until paid at the rate of interest 
     applicable to a civil judgment of the courts of the United 
     States.
       (c) Liability for Acts of an Agent.--For purposes of this 
     Act, the act, omission, or failure of an officer, agent, or 
     person acting for or employed by any other person within the 
     scope of employment or office of the officer, agent, or 
     person, shall be considered to be the act, omission, or 
     failure of the other person.
       (d) Guidelines for Civil Penalties.--The Secretary shall 
     coordinate with the Attorney General to establish guidelines 
     to determine under what circumstances the Secretary may issue 
     a civil penalty or suitable notice of warning in lieu of 
     prosecution by the Attorney General of a violation of this 
     Act.

     SEC. 205. ENFORCEMENT ACTIONS OF ATTORNEY GENERAL.

       The Attorney General may--
       (1) prosecute, in the name of the United States, a criminal 
     violation of this Act that is referred to the Attorney 
     General by the Secretary or is brought to the notice of the 
     Attorney General by any person;
       (2) bring a civil action to enjoin the violation of or to 
     compel compliance with this Act, or to enjoin any 
     interference by a person with the Secretary in carrying out 
     this Act, if the Attorney General has reason to believe that 
     the person has violated or is about to violate this Act, or 
     has interfered, or is about to interfere, with the Secretary; 
     and
       (3) bring a civil action for the recovery of an unpaid 
     civil penalty, funds under a reimbursable agreement, late 
     payment penalty, or interest assessed under this Act.

     SEC. 206. COURT JURISDICTION.

       (a) In General.--Except as provided in section 204(b), a 
     United States district court, the District Court of Guam, the 
     District Court of the Virgin Islands, the highest court of 
     American Samoa, and the United States courts of other 
     territories and possessions are vested with jurisdiction in 
     all cases arising under this Act.
       (b) Location.--An action arising under this Act may be 
     brought, and process may be served, in the judicial district 
     where--
       (1) a violation or interference occurred or is about to 
     occur; or
       (2) the person charged with the violation, interference, 
     impending violation, impending interference, or failure to 
     pay resides, is found, transacts business, is licensed to do 
     business, or is incorporated.
                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. COOPERATION.

       (a) In General.--To carry out this Act, the Secretary may 
     cooperate with--
       (1) other Federal agencies or entities;
       (2) States or political subdivisions of States;
       (3) national governments;
       (4) local governments of other nations;
       (5) domestic or international organizations;
       (6) domestic or international associations; and
       (7) other persons.
       (b) Responsibility.--The individual or entity cooperating 
     with the Secretary shall be responsible for--
       (1) obtaining the authority necessary 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
       (2) 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

[[Page S4438]]

     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--
       (A) may be established by the Secretary; and
       (B) if established, shall remain available for preclearance 
     activities until expended.
       (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.
       (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.

     SEC. 304. PROTECTION FOR MAIL HANDLERS.

       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. PREEMPTION.

       (a) Regulation of Foreign Commerce.--No State or political 
     subdivision of a State may--
       (1) regulate in foreign commerce a plant, plant product, 
     biological control organism, plant pest, noxious weed, 
     article, or means of conveyance; or
       (2) in order to control a plant pest or noxious weed--
       (A) eradicate a plant pest or noxious weed; or
       (B) prevent the introduction or dissemination of a 
     biological control organism, plant pest, or noxious weed.
       (b) Regulation of Interstate Commerce.--
       (1) In general.--Except as provided in paragraph (2), if 
     the Secretary has promulgated a regulation or order to 
     prevent the dissemination of a plant, plant product, 
     biological control organism, plant pest, or noxious weed 
     within the United States, no State or political subdivision 
     of a State may--
       (A) regulate the movement in interstate commerce of the 
     plant, plant product, biological control organism, plant 
     pest, noxious weed, article, or means of conveyance; or
       (B) in order to control the plant pest or noxious weed--
       (i) eradicate the plant pest or noxious weed; or
       (ii) prevent the introduction or dissemination of the 
     biological control organism, plant pest, or noxious weed.
       (2) Exceptions.--
       (A) Regulations consistent with federal regulations.--
     Except as provided in subparagraph (B), a State or a 
     political subdivision of a State may impose a prohibition or 
     restriction on the movement in interstate commerce of plants, 
     plant products, biological control organisms, plant pests, 
     noxious weeds, articles, or means of conveyance that are 
     consistent with and do not exceed the requirements of the 
     regulations promulgated or orders issued by the Secretary 
     under this Act.
       (B) Special local need.--A State or political subdivision 
     of a State may impose a prohibition or restriction on the 
     movement in interstate commerce of plants, plant products, 
     biological control organisms, plant pests, noxious weeds, 
     articles, or means of conveyance, that are in addition to a 
     prohibition or restriction imposed by the Secretary, if the 
     State or political subdivision of a State demonstrates to the 
     Secretary and the Secretary finds that there is a special 
     need for additional prohibitions or restrictions based on 
     sound scientific data or a thorough risk assessment.

     SEC. 306. REGULATIONS AND ORDERS.

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

     SEC. 307. 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 306 that supersedes 
     the earlier regulation.
                     TITLE IV--FEDERAL COORDINATION

     SEC. 401. DEFINITIONS.

       In this title:
       (1) Action plan.--The term ``Action Plan'' means the 
     National Invasive Species Action Plan developed and submitted 
     to Congress under section 404, including any updates to the 
     Action Plan.
       (2) Alien species.--The term ``alien species'' means, with 
     respect to a particular ecosystem, any species, including its 
     seeds, eggs, spores, or other biological material capable of 
     propagating the species, that is not native to that 
     ecosystem.
       (3) Control.--The term ``control'' means--
       (A) the suppression, reduction, or management of invasive 
     species populations;
       (B) the prevention of the spread of invasive species from 
     areas where the species are present; and
       (C) the taking of measures such as the restoration of 
     native species and habitats to reduce the effects of invasive 
     species and to prevent further invasions.
       (4) Council.--The term ``Council'' means the Invasive 
     Species Council established by section 402.
       (5) Ecosystem.--The term ``ecosystem'' means the complex of 
     a community of organisms and the community's environment.
       (6) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``agency'' in section 551 of title 5, 
     United States Code, except that the term does not include an 
     independent establishment (as defined in section 104 of title 
     5, United States Code).
       (7) Introduction.--The term ``introduction'' means the 
     intentional or unintentional escape, release, dissemination, 
     or placement of a species into an ecosystem as a result of 
     human activity.
       (8) Invasive species.--The term ``invasive species'' means 
     an alien species the introduction of which causes or is 
     likely to cause economic or environmental harm or harm to 
     human health.
       (9) Native species.--The term ``native species'' means, 
     with respect to a particular ecosystem, a species that, other 
     than as a result of an introduction, historically occurred or 
     currently occurs in the ecosystem.
       (10) Species.--The term ``species'' means a group of 
     organisms all of which--
       (A) have a high degree of physical and genetic similarity;
       (B) generally interbreed only among themselves; and
       (C) show persistent differences from members of allied 
     groups of organisms.
       (11) Stakeholder.--The term ``stakeholder'' means an entity 
     with an interest in invasive species, including--
       (A) a State, tribal, or local government agency;
       (B) an academic institution;
       (C) the scientific community; and
       (D) a nongovernmental entity, including an environmental, 
     agricultural, or conservation organization, trade group, 
     commercial interest, or private landowner.

     SEC. 402. INVASIVE SPECIES COUNCIL.

       (a) Establishment.--There is established an advisory 
     council to be known as the ``Invasive Species Council''.
       (b) Membership.--
       (1) In general.--The Council shall be composed of--
       (A) the Secretary of State;
       (B) the Secretary of the Treasury;
       (C) the Secretary of Defense;
       (D) the Secretary of the Interior, who shall be a 
     cochairperson of the Council;
       (E) the Secretary of Agriculture, who shall be a 
     cochairperson of the Council;
       (F) the Secretary of Commerce, who shall be a cochairperson 
     of the Council;
       (G) the Secretary of Transportation;
       (H) the Administrator of the Environmental Protection 
     Agency; and

[[Page S4439]]

       (I) a representative of State government appointed by the 
     National Governors' Association.
       (2) Other federal agency representatives.--The Council 
     may--
       (A) invite other representatives of Federal agencies to 
     serve as members of the Council, including representatives 
     from subcabinet bureaus or offices with significant 
     responsibilities concerning invasive species; and
       (B) prescribe special procedures for the participation by 
     those other representatives on the Council.
       (c) Duties.--The Invasive Species Council shall--
       (1) provide national leadership regarding invasive species;
       (2) oversee the implementation of this title and make 
     recommendations designed to ensure that the activities of 
     Federal agencies concerning invasive species are coordinated, 
     complementary, cost-efficient, and effective, relying to the 
     maximum extent practicable on organizations addressing 
     invasive species, such as--
       (A) the Aquatic Nuisance Species Task Force established by 
     section 1201 of the Nonindigenous Aquatic Nuisance Prevention 
     and Control Act of 1990 (16 U.S.C. 4721);
       (B) the Federal Interagency Committee for the Management of 
     Noxious and Exotic Weeds; and
       (C) the Committee on Environment and Natural Resources of 
     the Office of Science and Technology Policy;
       (3) encourage planning and action at local, tribal, State, 
     regional, and ecosystem-based levels to achieve the goals and 
     objectives of the Action Plan, in cooperation with 
     stakeholders and organizations addressing invasive species;
       (4) develop recommendations for international cooperation 
     in addressing invasive species;
       (5) develop, in consultation with the Council on 
     Environmental Quality, guidance to Federal agencies under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) concerning prevention and control of invasive species, 
     including the procurement, use, and maintenance of native 
     species in a manner designed to affect invasive species;
       (6) facilitate development of a coordinated network among 
     Federal agencies to document, evaluate, and monitor impacts 
     from invasive species on the economy, the environment, and 
     human health;
       (7) facilitate establishment of a coordinated, up-to-date 
     information-sharing system that--
       (A) uses, to the maximum extent practicable, the Internet; 
     and
       (B) facilitates access to and exchange of information 
     concerning invasive species, such as--
       (i) information on the distribution and abundance of 
     invasive species;
       (ii) life histories of invasive species and invasive 
     characteristics;
       (iii) economic, environmental, and human health impacts 
     from invasive species;
       (iv) techniques for management of invasive species; and
       (v) laws and programs for management, research, and public 
     education concerning invasive species; and
       (8) develop and submit to Congress the Action Plan.
       (d) Executive Director; Staff.--With the concurrence of the 
     other cochairpersons, the Secretary of the Interior shall--
       (1) appoint an Executive Director of the Council; and
       (2) provide staff and administrative support for the 
     Council.

     SEC. 403. ADVISORY COMMITTEE.

       (a) Establishment.--The Secretary of the Interior shall--
       (1) establish an advisory committee to provide information 
     and advice for consideration by the Council; and
       (2) after consultation with other members of the Council, 
     appoint members of the advisory committee to represent 
     stakeholders.
       (b) Duties.--The duties of the advisory committee shall 
     include making recommendations for plans and actions at 
     local, tribal, State, regional, and ecosystem-based levels to 
     achieve the goals and objectives of the Action Plan.
       (c) Cooperation.--The advisory committee shall act in 
     cooperation with stakeholders and organizations addressing 
     the problem of invasive species.
       (d) Administrative and Financial Support.--The Secretary of 
     the Interior shall provide administrative and financial 
     support for the advisory committee.

     SEC. 404. INVASIVE SPECIES ACTION PLAN.

       (a) In General.--Not later than 270 days after the date of 
     enactment of this Act, the Council shall develop and submit 
     to Congress a National Invasive Species Action Plan, which 
     shall--
       (1) detail and recommend performance-oriented goals and 
     objectives and specific measures of success for Federal 
     agency efforts concerning invasive species;
       (2) detail and recommend measures to be taken by the 
     Council to carry out its duties under section 402; and
       (3) identify the personnel, other resources, and additional 
     levels of coordination needed to achieve the goals and 
     objectives of the Action Plan.
       (b) Public Participation and Coordination.--The Action Plan 
     shall be--
       (1) developed through a public process and in consultation 
     with Federal agencies and stakeholders; and
       (2) coordinated with any State plans concerning invasive 
     species.
       (c) Special Requirements for First Action Plan.--
       (1) In general.--The first Action Plan submitted under 
     subsection (a) shall--
       (A) include a review of existing and prospective approaches 
     and authorities for preventing the introduction and spread of 
     invasive species, including approaches for--
       (i) identifying pathways for the introduction of invasive 
     species; and
       (ii) minimizing the risk of introductions by means of those 
     pathways; and
       (B) identify research needs and recommend measures to 
     minimize the risk that introductions will occur.
       (2) Recommended processes.--The measures recommended under 
     paragraph (1)(B) shall provide for--
       (A) a science-based process to evaluate risks associated 
     with the introduction and spread of invasive species; and
       (B) a coordinated and systematic risk-based process to 
     identify, monitor, and interdict pathways that may be 
     involved in the introduction of invasive species.
       (3) Recommendations for legislation.--If any measure 
     recommended under paragraph (1)(B) is not authorized by law 
     in effect as of the date of the recommendation, the Council 
     shall develop and submit to Congress legislative proposals 
     for necessary changes in law.
       (d) Updates and Evaluations of Action Plan.--The Council 
     shall--
       (1) develop and submit to Congress biennial updates of the 
     Action Plan; and
       (2) concurrently evaluate and report on success in 
     achieving the goals and objectives specified in the Action 
     Plan.
       (e) Response by Federal Agencies.--Not later than 18 months 
     after the date of submission to Congress of the Action Plan, 
     each Federal agency that is required to implement a measure 
     recommended under subsection (a)(1) or (c)(1)(B) shall--
       (1) take the recommended action; or
       (2) provide to the Council an explanation of why the action 
     is not feasible.
                TITLE V--AUTHORIZATION OF APPROPRIATIONS

     SEC. 501. 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. 502. 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 until expended.
       (c) Conforming Amendments.--The first section of Public Law 
     97-46 (7 U.S.C. 147b) is amended--
       (1) by striking ``plant pests or''; and
       (2) by striking ``section 102 of the Act of September 21, 
     1944, as amended (7 U.S.C. 147a), and''.
                                  ____


Section-by-Section Analysis of the Noxious Weed Coordination and Plant 
                             Protection Act

       Sections 1, 2, and 3--The first three sections of the bill 
     serve as a ``road map'' to the rest of the legislation. 
     Section 1 consists entirely of the title and table of 
     contents. Section 2 outlines certain findings as to why the 
     legislation is necessary. Section 3 provides the definitions 
     used throughout the rest of the bill.


                      title one--plant protection

       Section 101--Outlaws the importation or interstate movement 
     of a plant pest (defined in Section 3 as anything that has 
     the potential to directly or indirectly injure or cause 
     damage to or disease in a plant product) without a permit 
     from the Secretary of Agriculture.
       Section 102--Grants USDA the authority to block or regulate 
     the importation or movement of a noxious weed, or other 
     plant, if the Secretary determines that such a prohibition is 
     necessary to prevent the weed's introduction into a new area. 
     In addition, USDA is required to publish a list of noxious 
     weeds that are prohibited from entering the country or whose 
     interstate movement is restricted and allows a procedure to 
     have weeds added to or removed from the list. USDA would also 
     publish a list of control agents which may be transported 
     without restriction.
       Section 103--Requires the Secretary of the Treasury (who 
     oversees the Customs Service) to notify USDA of the arrival 
     of any plant or noxious weed upon its arrival at a port of 
     entry and to hold it at the border until it can be inspected 
     and authorized for entry.
       Section 104--Authorizes USDA to hold, seize, quarantine, 
     treat, or destroy any noxious weed or plant pest that it 
     finds in violation of this law.
       Section 105--Authorizes USDA to declare ``extraordinary 
     emergencies'' when necessary to confront the importation or 
     to

[[Page S4440]]

     fight the spread of a noxious weed. In addition, the bill 
     outlines what actions are authorized during such an 
     emergency.
       Section 106--Allows a plant owner to seek compensation from 
     USDA if the owner ``establishes that the destruction or 
     disposal'' of this plant or other property ``was not 
     authorized under this Act'' if he does so within one year of 
     the action.
       Section 107--Makes USDA the federal department in charge of 
     the fight against grasshoppers and Mormon Crickets on all 
     federal lands. In addition to the authority, funds to carry 
     out the program would be transferred from other federal 
     agencies and departments to USDA. It also establishes a cost 
     sharing program in which the federal govenrmetn will assume 
     the entire cost of fighting grasshoppers and Mormon Crickets 
     on federally owned land, one-half of the cost on state owned 
     land, and one-third the cost on private land.
       Section 108--Allows the USDA to develop a means by which it 
     can certify plants to be free of pests or noxious weeds.


                 title two--inspection and enforcement

       Section 201--Allows USDA inspectors to stop and inspect 
     persons and items entering the country or moving from one 
     state to another in search of noxious weeds or plant pests. 
     In addition, USDA is authorized to seek a warrant to search 
     private premises for weeds and pests.
       Section 202--Allows USDA to ``gather and compile 
     information'' needed to carry out its investigations.
       Section 203--Authorizes and restricts how USDA may issue a 
     subpoena in its investigations.
       Section 204--Establishes criminal and civil penalties for 
     anyone who ``knowingly violates this Act,'' forges or 
     counterfeits a permit, or uses a permit unlawfully. Such a 
     violation would be a misdemeanor punishable with a maximum 
     penalty of 1 year in prison and/or a fine of up to $250,000 
     (limits are set in the case that the action is taken by an 
     individual [$50,000] or done without the intention of 
     monetary gain [$1,000]).
       Section 205--Authorizes the Attorney General to enforce the 
     Act.
       Section 206--Locates enforcement at a federal court where 
     the violation occurs or where the defendant lives.


                 title three--miscellaneous provisions

       Sections 301, 302, and 303--Authorizes USDA to seek 
     cooperation with other agencies, states, associations, and 
     individuals in fulfilling its responsibilities.
       Section 304--Stipulates that the regulations against 
     mailing a plant pest or noxious weed included in the bill 
     will not interfere with an employee of the U.S. Postal 
     Service and his responsibility in handling the mail.
       Section 305--Authorizes USDA to issue regulations and 
     orders needed to carry out the Act.
       Section 306--Repeals federal laws which have been 
     superseded or replaced by the Act.


                    title four--federal coordination

       Section 401--Provides the definitions used throughout the 
     rest of the title.
       Section 402--Establishes a multi-agency Invasive Species 
     Council and outlines the duties of the Council.
       Section 403--Directs the Secretary of the Interior to 
     establish an advisory committee to provide information and 
     advice to the Council.
       Secton 404--Gives the Council nine months to develop a 
     National Invasive Species Action Plan with public 
     participation and coordination with State plans concerning 
     invasive species.


              title five--authorization for appropriations

       Secton 501--Authorizes Congress to appropriate the funds 
     necessary to carry out the Act.
       Section 502--Authorizes the Secretary of Agriculture to 
     transfer other USDA funds to the programs authorized by the 
     Act.
                                 ______