(Sec. 102) Authorizes the Secretary to restrict the importation, movement, and means of conveyance of plants, plant products, biological control organisms, plant pests, and noxious weeds in order to prevent their U.S. introduction and interstate movement.
Authorizes: (1) the Secretary to publish lists of noxious weeds and biological control agents; and (2) private petitions to add or remove listings.
(Sec. 103) Directs the Secretary of the Treasury to notify the Secretary of such articles'arrival, and hold them at the port of entry until inspected and authorized for U.S. movement by the Secretary. Prohibits a person from moving unauthorized and uninspected articles from a port of entry or interstate.
(Sec. 104) Authorizes: (1) the Secretary to take specified remedial and emergency measures either directly or by the owner, including treatment or disposal, to avoid dissemination of a plant pest or noxious weed; and (2) owner compensation for unauthorized disposals.
(Sec. 107) Directs the Secretary to carry out a grasshopper and Mormon Cricket control program, including: (1) cost sharing for State and private land; and (2) personnel training.
(Sec. 108) Authorizes the Secretary to make phytosanitary export certificates based upon foreign requirements.
Title II: Inspection and Enforcement - Sets forth provisions with respect to: (1) inspections, warrants, and seizures, (2) information collection; (3) subpoena authority; (4) criminal and civil penalties; and (5) enforcement authority of the Attorney General.
Title III: Miscellaneous Provisions - Authorizes the Secretary to enter into reimbursable fee agreements for preclearance outside the United States.
(Sec. 304) States that this Act shall not apply to U.S. postal employees in the course of their duties.
(Sec. 306) Repeals specified Acts.
[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[S. 321 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 321
To streamline, modernize, and enhance the authority of the Secretary of
Agriculture relating to plant protection and quarantine, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 28, 1999
Mr. Craig introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To streamline, modernize, and enhance the authority of the Secretary of
Agriculture relating to plant protection and quarantine, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Plant Protection
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--PLANT PROTECTION
Sec. 101. Regulation of movement of plant pests.
Sec. 102. Regulation of movement of plants, plant products, biological
control organisms, noxious weeds, articles,
and means of conveyance.
Sec. 103. Notification and holding requirements on arrival.
Sec. 104. General remedial measures for new plant pests and noxious
weeds.
Sec. 105. Extraordinary emergencies.
Sec. 106. Recovery of compensation for unauthorized activities.
Sec. 107. Control of grasshoppers and Mormon crickets.
Sec. 108. Certification for exports.
TITLE II--INSPECTION AND ENFORCEMENT
Sec. 201. Inspections, seizures, and warrants.
Sec. 202. Collection of information.
Sec. 203. Subpoena authority.
Sec. 204. Penalties for violation.
Sec. 205. Enforcement actions of Attorney General.
Sec. 206. Court jurisdiction.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Cooperation.
Sec. 302. Buildings, land, people, claims, and agreements.
Sec. 303. Reimbursable agreements.
Sec. 304. Protection for mail carriers.
Sec. 305. Regulations and orders.
Sec. 306. Repeal of superseded laws.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
Sec. 401. Authorization of appropriations.
Sec. 402. Transfer authority.
SEC. 2. FINDINGS.
Congress finds that--
(1) the detection, control, eradication, suppression,
prevention, and retardation of the spread of plant pests and
noxious weeds is necessary for the protection of the
agriculture, environment, and economy of the United States;
(2) biological control--
(A) is often a desirable, low-risk means of ridding
crops and other plants of plant pests and noxious
weeds; and
(B) should be facilitated by the Secretary of
Agriculture, Federal agencies, and States, whenever
feasible;
(3) the smooth movement of enterable plants, plant
products, certain biological control organisms, or other
articles into, out of, or within the United States is vital to
the economy of the United States and should be facilitated to
the extent practicable;
(4) markets could be severely impacted by the introduction
or spread of plant pests or noxious weeds into or within the
United States;
(5) the unregulated movement of plants, plant products,
biological control organisms, plant pests, noxious weeds, and
articles capable of harboring plant pests or noxious weeds
would present an unacceptable risk of introducing or spreading
plant pests or noxious weeds;
(6) the existence on any premises in the United States of a
plant pest or noxious weed new to or not known to be widely
prevalent in or distributed within and throughout the United
States could threaten crops, other plants, and plant products
of the United States and burden interstate commerce or foreign
commerce; and
(7) all plants, plant products, biological control
organisms, plant pests, noxious weeds, or articles capable of
harboring plant pests or noxious weeds regulated under this Act
are in or affect interstate commerce or foreign commerce.
SEC. 3. DEFINITIONS.
In this Act:
(1) Article.--The term ``article'' means a material or
tangible object that could harbor a pest, disease, or noxious
weed.
(2) Biological control organism.--The term ``biological
control organism'' means an enemy, antagonist, or competitor
organism used to control a plant pest or noxious weed.
(3) Enter.--The term ``enter'' means to move into the
commerce of the United States.
(4) Entry.--The term ``entry'' means the act of movement
into the commerce of the United States.
(5) Export.--The term ``export'' means to move from the
United States to any place outside the United States.
(6) Exportation.--The term ``exportation'' means the act of
movement from the United States to any place outside the United
States.
(7) Import.--The term ``import'' means to move into the
territorial limits of the United States.
(8) Importation.--The term ``importation'' means the act of
movement into the territorial limits of the United States.
(9) Interstate.--The term ``interstate'' means--
(A) from 1 State into or through any other State;
or
(B) within the District of Columbia, Guam, the
Virgin Islands of the United States, or any other
territory or possession of the United States.
(10) Interstate commerce.--The term ``interstate commerce''
means trade, traffic, movement, or other commerce--
(A) between a place in a State and a point in
another State;
(B) between points within the same State but
through any place outside the State; or
(C) within the District of Columbia, Guam, the
Virgin Islands of the United States, or any other
territory or possession of the United States.
(11) Means of conveyance.--The term ``means of conveyance''
means any personal property or means that could harbor a pest,
disease, or noxious weed and that is used for or intended for
use for the movement of any other personal property.
(12) Move.--The term ``move'' means to--
(A) carry, enter, import, mail, ship, or transport;
(B) aid, abet, cause, or induce the carrying,
entering, importing, mailing, shipping, or
transporting;
(C) offer to carry, enter, import, mail, ship, or
transport;
(D) receive to carry, enter, import, mail, ship, or
transport;
(E) release into the environment; or
(F) allow any of the activities referred to this
paragraph to be conducted by a person under another
person's control.
(13) Movement.--The term ``move'' means the act of--
(A) carrying, entering, importing, mailing,
shipping, or transporting;
(B) aiding, abetting, causing, or inducing the
carrying, entering, importing, mailing, shipping, or
transporting;
(C) offering to carry, enter, import, mail, ship,
or transport;
(D) receiving to carry, enter, import, mail, ship,
or transport;
(E) releasing into the environment; or
(F) allowing any of the activities referred to this
paragraph to be conducted by a person under another
person's control.
(14) Noxious weed.--The term ``noxious weed'' means a plant
or plant product that has the potential to directly or
indirectly injure or cause damage to a plant or plant product
through injury or damage to a crop (including nursery stock or
a plant product), livestock, poultry, or other interest of
agriculture (including irrigation), navigation, natural
resources of the United States, public health, or the
environment.
(15) Permit.--The term ``permit'' means a written
(including electronic) or oral authorization by the Secretary
to move a plant, plant product, biological control organism,
plant pest, noxious weed, article, or means of conveyance under
conditions prescribed by the Secretary.
(16) Person.--The term ``person'' means an individual,
partnership, corporation, association, joint venture, or other
legal entity.
(17) Plant.--The term ``plant'' means a plant (including a
plant part) for or capable of propagation (including a tree,
tissue culture, plantlet culture, pollen, shrub, vine, cutting,
graft, scion, bud, bulb, root, and seed).
(18) Plant pest.--The term ``plant pest'' means--
(A) a living stage of a protozoan, invertebrate
animal, parasitic plant, bacteria, fungus, virus,
viroid, infection agent, or pathogen that has the
potential to directly or indirectly injure or cause
damage to, or cause disease in, a plant or plant
product; or
(B) an article that is similar to or allied with an
article referred to in subparagraph (A).
(19) Plant product.--The term ``plant product'' means--
(A) a flower, fruit, vegetable, root, bulb, seed,
or other plant part that is not considered by the
Secretary to be a plant; and
(B) a manufactured or processed plant or plant
part.
(20) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(21) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.
(22) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.
TITLE I--PLANT PROTECTION
SEC. 101. REGULATION OF MOVEMENT OF PLANT PESTS.
(a) Prohibition of Unauthorized Movement of Plant Pests.--Except as
provided in subsection (b), no person shall import, enter, export, or
move in interstate commerce a plant pest, unless the importation,
entry, exportation, or movement is authorized under general or specific
permit and is in accordance with such regulations as the Secretary may
promulgate to prevent the introduction of plant pests into the United
States or the dissemination of plant pests within the United States.
(b) Authorization of Movement of Plant Pests by Regulation.--
(1) Exception to permit requirement.--The Secretary may
promulgate regulations to allow the importation, entry,
exportation, or movement in interstate commerce of specified
plant pests without further restriction if the Secretary finds
that a permit under subsection (a) is not necessary.
(2) Petition to add or remove plant pests from
regulation.--A person may petition the Secretary to add a plant
pest to, or remove a plant pest from, the regulations
promulgated under paragraph (1).
(3) Response to petition by the secretary.--In the case of
a petition submitted under paragraph (2), the Secretary shall--
(A) act on the petition within a reasonable time;
and
(B) notify the petitioner of the final action the
Secretary takes on the petition.
(4) Basis for determination.--The determination of the
Secretary on the petition shall be based on sound science.
(c) Prohibition of Unauthorized Mailing of Plant Pests.--
(1) In general.--Subject to section 304, a letter, parcel,
box, or other package containing a plant pest, whether sealed
as letter-rate postal matter, is nonmailable, and a mail
carrier shall not knowingly convey in the mail or deliver from
a post office such a package, unless the package is mailed in
compliance with such regulations as the Secretary may
promulgate to prevent the dissemination of plant pests into the
United States or interstate.
(2) Application of postal laws.--Nothing in this subsection
authorizes a person to open a mailed letter or other mailed
sealed matter except in accordance with the postal laws
(including regulations).
(d) Regulations.--Regulations promulgated by the Secretary to
implement subsections (a), (b), or (c) may include provisions requiring
that a plant pest imported, entered, to be exported, moved in
interstate commerce, mailed, or delivered from a post office--
(1) be accompanied by a permit issued by the Secretary
before the importation, entry, exportation, movement in
interstate commerce, mailing, or delivery of the plant pest;
(2) be accompanied by a certificate of inspection issued
(in a manner and form required by the Secretary) by appropriate
officials of the country or State from which the plant pest is
to be moved;
(3) be raised under post-entry quarantine conditions by or
under the supervision of the Secretary for the purposes of
determining whether the plant pest may be infested with other
plant pests, may pose a significant risk of causing injury to,
damage to, or disease in a plant or plant product, or may be a
noxious weed; and
(4) be subject to such remedial measures as the Secretary
determines are necessary to prevent the dissemination of plant
pests.
SEC. 102. REGULATION OF MOVEMENT OF PLANTS, PLANT PRODUCTS, BIOLOGICAL
CONTROL ORGANISMS, NOXIOUS WEEDS, ARTICLES, AND MEANS OF
CONVEYANCE.
(a) In General.--The Secretary may prohibit or restrict the
importation, entry, exportation, or movement in interstate commerce of
a plant, plant product, biological control organism, noxious weed,
article, or means of conveyance, if the Secretary determines that the
prohibition or restriction is necessary to prevent the introduction
into the United States or the dissemination of a plant pest or noxious
weed within the United States.
(b) Regulations.--The Secretary may promulgate regulations to carry
out this section, including regulations requiring that a plant, plant
product, biological control organism, noxious weed, article, or means
of conveyance imported, entered, to be exported, or moved in interstate
commerce--
(1) be accompanied by a permit issued by the Secretary
prior to the importation, entry, exportation, or movement in
interstate commerce;
(2) be accompanied by a certificate of inspection issued in
a manner and form required by the Secretary or by appropriate
official of the country or State from which the plant, plant
product, biological control organism, noxious weed, article, or
means of conveyance is to be moved;
(3) be subject to remedial measures the Secretary
determines to be necessary to prevent the spread of plant pests
or noxious weeds; and
(4) in the case of a plant or biological control organism,
be grown or handled under post-entry quarantine conditions by
or under the supervision of the Secretary for the purpose of
determining whether the plant or biological control organism
may be infested with a plant pest or noxious weed, or may be a
plant pest or noxious weed.
(c) List of Restricted Noxious Weeds.--
(1) Publication.--The Secretary may publish, by regulation,
a list of noxious weeds that are prohibited or restricted from
entering the United States or that are subject to restrictions
on interstate movement within the United States.
(2) Petitions to add plant species to or remove plant
species from list.--
(A) In general.--A person may petition the
Secretary to add a plant species to, or remove a plant
species from, the list authorized under paragraph (1).
(B) Action on petition.--The Secretary shall--
(i) act on the petition within a reasonable
time; and
(ii) notify the petitioner of the final
action the Secretary takes on the petition.
(C) Basis for determination.--The determination of
the Secretary on the petition shall be based on sound
science.
(d) List of Biological Control Organisms.--
(1) Publication.--The Secretary may publish, by regulation,
a list of biological control organisms the movement of which in
interstate commerce is not prohibited or restricted.
(2) Distinctions.--In publishing the list, the Secretary
may take into account distinctions between biological control
organisms that are indigenous, nonindigenous, newly introduced,
or commercially raised.
(3) Petitions to add biological control organisms to or
remove biological control organisms from list.--
(A) In general.--A person may petition the
Secretary to add a biological control organism to, or
remove a biological control organism from, the list
authorized under paragraph (1).
(B) Action on petition.--The Secretary shall--
(i) act on the petition within a reasonable
time; and
(ii) notify the petitioner of the final
action the Secretary takes on the petition.
(C) Basis for determination.--The determination of
the Secretary on the petition shall be based on sound
science.
SEC. 103. NOTIFICATION AND HOLDING REQUIREMENTS ON ARRIVAL.
(a) Duty of Secretary of the Treasury.--
(1) Notification.--The Secretary of the Treasury shall
promptly notify the Secretary of the arrival of a plant, plant
product, biological control organism, plant pest, noxious weed,
article, or means of conveyance at a port of entry.
(2) Holding.--The Secretary of the Treasury shall hold a
plant, plant product, biological control organism, plant pest,
noxious weed, article, or means of conveyance for which
notification is made under paragraph (1) at the port of entry
until the plant, plant product, biological control organism,
plant pest, noxious weed, article, or means of conveyance is--
(A) inspected and authorized by the Secretary of
Agriculture for entry into or movement through the
United States; or
(B) otherwise released by the Secretary.
(3) Exceptions.--Paragraphs (1) and (2) shall not apply to
a plant, plant product, biological control organism, plant
pest, noxious weed, article, or means of conveyance that is
imported from a country or region of a country designated by
the Secretary, by regulation, as exempt from the requirements
of those paragraphs.
(b) Notification by Responsible Person.--The person responsible for
a plant, plant product, biological control organism, plant pest,
noxious weed, article, or means of conveyance required to have a permit
under section 101 or 102 shall promptly, on arrival at the port of
entry and before the plant, plant product, biological control organism,
plant pest, noxious weed, article, or means of conveyance is moved from
the port of entry, notify the Secretary or, at the Secretary's
direction, the proper official of the State to which the plant, plant
product, biological control organism, plant pest, noxious weed,
article, or means of conveyance is destined, or both, as the Secretary
may prescribe, of--
(1) the name and address of the consignee;
(2) the nature and quantity of the plant, plant product,
biological control organism, plant pest, noxious weed, article,
or means of conveyance proposed to be moved; and
(3) the country and locality where the plant, plant
product, biological control organism, plant pest, noxious weed,
article, or means of conveyance was grown, produced, or
located.
(c) Prohibition of Movement of Items Without Inspection and
Authorization.--No person shall move from a port of entry or interstate
an imported plant, plant product, biological control organism, plant
pest, noxious weed, article, or means of conveyance unless the imported
plant, plant product, biological control organism, plant pest, noxious
weed, article, or means of conveyance has been--
(1) inspected and authorized by the Secretary for entry
into or movement through the United States; or
(2) otherwise released by the Secretary.
SEC. 104. GENERAL REMEDIAL MEASURES FOR NEW PLANT PESTS AND NOXIOUS
WEEDS.
(a) Authority To Hold, Treat, or Destroy Items.--If the Secretary
considers it necessary to prevent the dissemination of a plant pest or
noxious weed that is new to or not known to be widely prevalent or
distributed within and throughout the United States, the Secretary may
hold, seize, quarantine, treat, apply other remedial measures to,
destroy, or otherwise dispose of a plant, plant product, biological
control organism, plant pest, noxious weed, article, or means of
conveyance that--
(1)(A) is moving into or through the United States or
interstate, or has moved into or through the United States or
interstate; and
(B)(i) the Secretary has reason to believe is a plant pest
or noxious weed or is infested with a plant pest or noxious
weed at the time of the movement; or
(ii) is or has been otherwise in violation of this Act;
(2) has not been maintained in compliance with a post-entry
quarantine requirement; or
(3) is the progeny of a plant, plant product, biological
control organism, plant pest, or noxious weed that is moving
into or through the United States or interstate, or has moved
into the United States or interstate, in violation of this Act.
(b) Authority To Order an Owner To Treat or Destroy.--
(1) In general.--The Secretary may order the owner of a
plant, plant product, biological control organism, plant pest,
noxious weed, article, or means of conveyance subject to action
under subsection (a), or the owner's agent, to treat, apply
other remedial measures to, destroy, or otherwise dispose of
the plant, plant product, biological control organism, plant
pest, noxious weed, article, or means of conveyance, without
cost to the Federal Government and in a manner the Secretary
considers appropriate.
(2) Failure to comply.--If the owner or agent of the owner
fails to comply with an order of the Secretary under paragraph
(1), the Secretary may take an action authorized by subsection
(a) and recover from the owner or agent of the owner the costs
of any care, handling, application of remedial measures, or
disposal incurred by the Secretary in connection with actions
taken under subsection (a).
(c) Classification System.--
(1) In general.--To facilitate control of noxious weeds,
the Secretary may develop a classification system to describe
the status and action levels for noxious weeds.
(2) Categories.--The classification system may include the
geographic distribution, relative threat, and actions initiated
to prevent introduction or distribution.
(3) Management plans.--In conjunction with the
classification system, the Secretary may develop integrated
management plans for noxious weeds for the geographic region or
ecological range where the noxious weed is found in the United
States.
(d) Application of Least Drastic Action.--No plant, plant product,
biological control organism, plant pest, noxious weed, article, or
means of conveyance shall be destroyed, exported, or returned to the
shipping point of origin, or ordered to be destroyed, exported, or
returned to the shipping point of origin under this section unless, in
the opinion of the Secretary, there is no less drastic action that is
feasible and that would be adequate to prevent the dissemination of any
plant pest or noxious weed new to or not known to be widely prevalent
or distributed within and throughout the United States.
SEC. 105. EXTRAORDINARY EMERGENCIES.
(a) Authority to Declare.--Subject to subsection (b), if the
Secretary determines that an extraordinary emergency exists because of
the presence of a plant pest or noxious weed that is new to or not
known to be widely prevalent in or distributed within and throughout
the United States and that the presence of the plant pest or noxious
weed threatens plants or plant products of the United States, the
Secretary may--
(1) hold, seize, quarantine, treat, apply other remedial
measures to, destroy, or otherwise dispose of, a plant, plant
product, biological control organism, article, or means of
conveyance that the Secretary has reason to believe is infested
with the plant pest or noxious weed;
(2) quarantine, treat, or apply other remedial measures to
any premises, including a plant, plant product, biological
control organism, article, or means of conveyance on the
premises, that the Secretary has reason to believe is infested
with the plant pest or noxious weed;
(3) quarantine a State or portion of a State in which the
Secretary finds the plant pest or noxious weed or a plant,
plant product, biological control organism, article, or means
of conveyance that the Secretary has reason to believe is
infested with the plant pest or noxious weed; or
(4) prohibit or restrict the movement within a State of a
plant, plant product, biological control organism, article, or
means of conveyance if the Secretary determines that the
prohibition or restriction is necessary to prevent the
dissemination of the plant pest or noxious weed or to eradicate
the plant pest or noxious weed.
(b) Required Finding of Emergency.--The Secretary may take action
under this section only on finding, after review and consultation with
the Governor or other appropriate official of the State affected, that
the measures being taken by the State are inadequate to prevent the
dissemination of the plant pest or noxious weed or to eradicate the
plant pest or noxious weed.
(c) Notification Procedures.--
(1) In general.--Except as provided in paragraph (2),
before any action is taken in a State under this section, the
Secretary shall--
(A) notify the Governor or another appropriate
official of the State;
(B) issue a public announcement; and
(C) except as provided in paragraph (2), publish in
the Federal Register a statement of--
(i) the findings of the Secretary;
(ii) the action the Secretary intends to
take;
(iii) the reason for the intended action;
and
(iv) if practicable, an estimate of the
anticipated duration of the extraordinary
emergency.
(2) Time sensitive actions.--If it is not practicable to
publish a statement in the Federal Register under paragraph (1)
before taking an action under this section, the Secretary shall
publish the statement in the Federal Register within a
reasonable period of time, not to exceed 10 business days,
after commencement of the action.
(d) Application of Least Drastic Action.--No plant, plant product,
biological control organism, plant pest, noxious weed, article, or
means of conveyance shall be destroyed, exported, or returned to the
shipping point of origin, or ordered to be destroyed, exported, or
returned to the shipping point of origin under this section unless, in
the opinion of the Secretary, there is no less drastic action that is
feasible and that would be adequate to prevent the dissemination of a
plant pest or noxious weed new to or not known to be widely prevalent
or distributed within and throughout the United States.
(e) Payment of Compensation.--
(1) In general.--The Secretary may pay compensation to a
person for economic losses incurred by the person as a result
of action taken by the Secretary under this section.
(2) Amount.--The determination by the Secretary of the
amount of any compensation to be paid under this subsection
shall be final and shall not be subject to judicial review.
SEC. 106. RECOVERY OF COMPENSATION FOR UNAUTHORIZED ACTIVITIES.
(a) Recovery Action.--The owner of a plant, plant product,
biological control organism, plant pest, noxious weed, article, or
means of conveyance destroyed or otherwise disposed of by the Secretary
under section 104 or 105 may bring an action against the United States
to recover just compensation for the destruction or disposal of the
plant, plant product, biological control organism, plant pest, noxious
weed, article, or means of conveyance (not including compensation for
loss due to delays incident to determining eligibility for importation,
entry, exportation, movement in interstate commerce, or release into
the environment) if the owner establishes that the destruction or
disposal was not authorized under this Act.
(b) Time for Action; Location.--
(1) Time for action.--An action under this section shall be
brought not later than 1 year after the destruction or disposal
of the plant, plant product, biological control mechanism,
plant pest, noxious weed, article, or means of conveyance
involved.
(2) Location.--The action may be brought in a United States
District Court where the owner is found, resides, transacts
business, is licensed to do business, or is incorporated.
(c) Payment of Judgments.--A judgment in favor of the owner shall
be paid out of any money in the Treasury appropriated for plant pest
control activities of the Department of Agriculture.
SEC. 107. CONTROL OF GRASSHOPPERS AND MORMON CRICKETS.
(a) In General.--Subject to the availability of funds under this
section, the Secretary shall carry out a program to control
grasshoppers and Mormon Crickets on all Federal land to protect
rangeland.
(b) Transfer Authority.--
(1) In general.--Subject to paragraph (3), on the request
of the Secretary, the Secretary of the Interior shall transfer
to the Secretary, from any no-year appropriations, funds for
the prevention, suppression, and control of actual or potential
grasshopper and Mormon Cricket outbreaks on Federal land under
the jurisdiction of the Secretary of the Interior.
(2) Use.--The transferred funds shall be available only for
the payment of obligations incurred on the Federal land.
(3) Transfer requests.--The Secretary shall make a request
for the transfer of funds under this subsection as promptly as
practicable.
(4) Limitation.--The Secretary may not use funds
transferred under this subsection until funds specifically
appropriated to the Secretary for grasshopper and Mormon
Cricket control have been exhausted.
(5) Replenishment of transferred funds.--Funds transferred
under this section shall be replenished by supplemental or
regular appropriations, which the Secretary shall request as
promptly as practicable.
(c) Treatment for Grasshoppers and Mormon Crickets.--
(1) In general.--Subject to the availability of funds under
this section, on request of the head of the administering
agency or the agriculture department of an affected State, the
Secretary, to protect rangeland, shall immediately treat
Federal, State, or private land that is infested with
grasshoppers or Mormon Crickets at levels of economic
infestation, unless the Secretary determines that delaying
treatment will not cause greater economic damage to adjacent
owners of rangeland.
(2) Other programs.--In carrying out this section, the
Secretary shall work in conjunction with other Federal, State,
and private prevention, control, or suppression efforts to
protect rangeland.
(d) Federal Cost Share of Treatment.--
(1) Control on federal land.--Out of funds made available
under this section, the Secretary shall pay 100 percent of the
cost of grasshopper or Mormon Cricket control on Federal land
to protect rangeland.
(2) Control on state land.--Out of funds made available
under this section, the Secretary shall pay 50 percent of the
cost of grasshopper or Mormon Cricket control on State land.
(3) Control on private land.--Out of funds made available
under this section, the Secretary shall pay 33.3 percent of the
cost of grasshopper or Mormon Cricket control on private land.
(e) Training.--From funds made available or transferred by the
Secretary of the Interior to the Secretary to carry out this section,
the Secretary shall provide adequate funding for a program to train
personnel to accomplish effectively the purposes of this section.
SEC. 108. CERTIFICATION FOR EXPORTS.
The Secretary may certify a plant, plant product, or biological
control organism as free from plant pests and noxious weeds, and
exposure to plant pests and noxious weeds, according to the
phytosanitary or other requirements of the countries to which the
plant, plant product, or biological control organism may be exported.
TITLE II--INSPECTION AND ENFORCEMENT
SEC. 201. INSPECTIONS, SEIZURES, AND WARRANTS.
(a) In General.--Consistent with guidelines approved by the
Attorney General, the Secretary may--
(1) stop and inspect, without a warrant, a person or means
of conveyance moving into the United States to determine
whether the person or means of conveyance is carrying a plant,
plant product, biological control organism, plant pest, noxious
weed, article, or means of conveyance subject to this Act;
(2) stop and inspect, without a warrant, a person or means
of conveyance moving in interstate commerce on probable cause
to believe that the person or means of conveyance is carrying a
plant, plant product, biological control organism, plant pest,
noxious weed, article, or means of conveyance subject to this
Act;
(3) stop and inspect, without a warrant, a person or means
of conveyance moving in intrastate commerce or on premises
quarantined as part of an extraordinary emergency declared
under section 105 on probable cause to believe that the person
or means of conveyance is carrying a plant, plant product,
biological control organism, plant pest, noxious weed, article,
or means of conveyance subject to this Act; and
(4) enter, with a warrant, a premises in the United States
for the purpose of conducting investigations or making
inspections and seizures under this Act.
(b) Warrants.--
(1) In general.--A United States judge, a judge of a court
of record in the United States, or a United States magistrate
judge may, on proper oath or affirmation showing probable cause
to believe that there is on certain premises a plant, plant
product, biological control organism, plant pest, noxious weed,
article, or means of conveyance regulated under this Act, issue
a warrant for entry on the premises to conduct an investigation
or make an inspection or seizure under this Act.
(2) Execution.--The warrant may be applied for and executed
by the Secretary or a United States marshal.
SEC. 202. COLLECTION OF INFORMATION.
The Secretary may gather and compile information and conduct such
investigations as the Secretary considers necessary for the
administration and enforcement of this Act.
SEC. 203. SUBPOENA AUTHORITY.
(a) Authority To Issue.--The Secretary may require by subpoena--
(1) the attendance and testimony of a witness; and
(2) the production of all documentary evidence relating to
the administration or enforcement of this Act or a matter under
investigation in connection with this Act.
(b) Location of Production.--The attendance of a witness and
production of documentary evidence may be required from any place in
the United States at any designated place of hearing.
(c) Enforcement of Subpoena.--If a person fails to comply with a
subpoena, the Secretary may request the Attorney General to invoke the
aid of a court of the United States within the jurisdiction in which
the investigation is conducted, or where the person resides, is found,
transacts business, is licensed to do business, or is incorporated, in
obtaining compliance.
(d) Fees and Mileage.--
(1) In general.--A witness summoned by the Secretary shall
be paid the same fees and mileage that are paid to a witness in
a court of the United States.
(2) Depositions.--A witness whose deposition is taken, and
the person taking the deposition, shall be entitled to the same
fees that are paid for similar services in a court of the
United States.
(e) Procedures.--
(1) In general.--The Secretary shall publish procedures for
the issuance of subpoenas under this section.
(2) Legal sufficiency.--The procedures shall include a
requirement that a subpoena be reviewed for legal sufficiency
and signed by the Secretary.
(3) Delegation.--If the authority to sign a subpoena is
delegated, the agency receiving the delegation shall seek
review for legal sufficiency outside that agency.
(f) Scope of Subpoena.--A subpoena for a witness to attend a court
in a judicial district or to testify or produce evidence at an
administrative hearing in a judicial district in an action or
proceeding arising under this Act may run to any other judicial
district.
SEC. 204. PENALTIES FOR VIOLATION.
(a) Criminal Penalties.--A person that knowingly violates this Act,
or that knowingly forges, counterfeits, or, without authority from the
Secretary, uses, alters, defaces, or destroys a certificate, permit, or
other document provided under this Act shall be guilty of a
misdemeanor, and, on conviction, shall be fined in accordance with
title 18, United States Code, imprisoned not more than 1 year, or both.
(b) Civil Penalties.--
(1) In general.--A person that violates this Act, or that
forges, counterfeits, or, without authority from the Secretary,
uses, alters, defaces, or destroys a certificate, permit, or
other document provided under this Act may, after notice and
opportunity for a hearing on the record, be assessed a civil
penalty by the Secretary that does not exceed the greater of--
(A) $50,000 in the case of an individual (except
that the civil penalty may not exceed $1,000 in the
case of an initial violation of this Act by an
individual moving regulated articles not for monetary
gain), or $250,000 in the case of any other person for
each violation, except the amount of penalties assessed
under this subparagraph in a single proceeding shall
not exceed $500,000; or
(B) twice the gross gain or gross loss for a
violation or forgery, counterfeiting, or unauthorized
use, defacing or destruction of a certificate, permit,
or other document provided for in this Act that results
in the person's deriving pecuniary gain or causing
pecuniary loss to another person.
(2) Factors in determining civil penalty.--In determining
the amount of a civil penalty, the Secretary--
(A) shall take into account the nature,
circumstance, extent, and gravity of the violation; and
(B) may take into account the ability to pay, the
effect on ability to continue to do business, any
history of prior violations, the degree of culpability
of the violator, and any other factors the Secretary
considers appropriate.
(3) Settlement of civil penalties.--The Secretary may
compromise, modify, or remit, with or without conditions, a
civil penalty that may be assessed under this subsection.
(4) Finality of orders.--
(A) In general.--An order of the Secretary
assessing a civil penalty shall be treated as a final
order reviewable under chapter 158 of title 28, United
States Code.
(B) Collection action.--The validity of an order of
the Secretary may not be reviewed in an action to
collect the civil penalty.
(C) Interest.--A civil penalty not paid in full
when due under an order assessing the civil penalty
shall (after the due date) accrue interest until paid
at the rate of interest applicable to a civil judgment
of the courts of the United States.
(c) Liability for Acts of an Agent.--For purposes of this Act, the
act, omission, or failure of an officer, agent, or person acting for or
employed by any other person within the scope of employment or office
of the officer, agent, or person, shall be considered to be the act,
omission, or failure of the other person.
(d) Guidelines for Civil Penalties.--The Secretary shall coordinate
with the Attorney General to establish guidelines to determine under
what circumstances the Secretary may issue a civil penalty or suitable
notice of warning in lieu of prosecution by the Attorney General of a
violation of this Act.
SEC. 205. ENFORCEMENT ACTIONS OF ATTORNEY GENERAL.
The Attorney General may--
(1) prosecute, in the name of the United States, a criminal
violation of this Act that is referred to the Attorney General
by the Secretary or is brought to the notice of the Attorney
General by any person;
(2) bring a civil action to enjoin the violation of or to
compel compliance with this Act, or to enjoin any interference
by a person with the Secretary in carrying out this Act, if the
Attorney General has reason to believe that the person has
violated or is about to violate this Act, or has interfered, or
is about to interfere, with the Secretary; and
(3) bring a civil action for the recovery of an unpaid
civil penalty, funds under a reimbursable agreement, late
payment penalty, or interest assessed under this Act.
SEC. 206. COURT JURISDICTION.
(a) In General.--Except as provided in section 204(b), a United
States district court, the District Court of Guam, the District Court
of the Virgin Islands, the highest court of American Samoa, and the
United States courts of other territories and possessions are vested
with jurisdiction in all cases arising under this Act.
(b) Location.--An action arising under this Act may be brought, and
process may be served, in the judicial district where--
(1) a violation or interference occurred or is about to
occur; or
(2) the person charged with the violation, interference,
impending violation, impending interference, or failure to pay
resides, is found, transacts business, is licensed to do
business, or is incorporated.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. COOPERATION.
(a) In General.--To carry out this Act, the Secretary may cooperate
with--
(1) other Federal agencies or entities;
(2) States or political subdivisions of States;
(3) national governments;
(4) local governments of other nations;
(5) domestic or international organizations;
(6) domestic or international associations; and
(7) other persons.
(b) Responsibility.--The individual or entity cooperating with the
Secretary shall be responsible for conducting the operations or taking
measures on all land and property within the foreign country or State,
other than land and property owned or controlled by the United States,
and for other facilities and means determined by the Secretary.
(c) Transfer of Biological Control Methods.--The Secretary may
transfer to a Federal or State agency or other person biological
control methods using biological control organisms against plant pests
or noxious weeds.
(d) Cooperation in Program Administration.--The Secretary may
cooperate with State authorities or other persons in the administration
of programs for the improvement of plants, plant products, and
biological control organisms.
SEC. 302. BUILDINGS, LAND, PEOPLE, CLAIMS, AND AGREEMENTS.
(a) In General.--The Secretary may acquire and maintain such real
or personal property, and employ such persons, make such grants, and
enter into such contracts, cooperative agreements, memoranda of
understanding, or other agreements, as are necessary to carry out this
Act.
(b) Tort Claims.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may pay a tort claim (in the manner authorized in the
first paragraph of section 2672 of title 28, United States
Code) if the claim arises outside the United States in
connection with an activity authorized under this Act.
(2) Requirements of claim.--A claim may not be allowed
under paragraph (1) unless the claim is presented in writing to
the Secretary not later than 2 years after the claim arises.
SEC. 303. REIMBURSABLE AGREEMENTS.
(a) Preclearance.--
(1) In general.--The Secretary may enter into a
reimbursable fee agreement with a person for preclearance (at a
location outside the United States) of plants, plant products,
biological control organisms, articles, and means of conveyance
for movement to the United States.
(2) Account.--All funds collected under this subsection
shall be credited to an account that may be established by the
Secretary and shall remain available until expended without
fiscal year limitation.
(b) Overtime.--
(1) In general.--Notwithstanding any other law, the
Secretary may pay an employee of the Department of Agriculture
performing services under this Act relating to imports into and
exports from the United States, for all overtime, night, or
holiday work performed by the employee, at a rate of pay
determined by the Secretary.
(2) Reimbursement of secretary.--The Secretary may require
a person for whom the services are performed to reimburse the
Secretary for funds paid by the Secretary for the services.
(3) Account.--All funds collected under this subsection
shall be credited to the account that incurs the costs and
remain available until expended without fiscal year limitation.
(c) Late Payment Penalty and Interest.--
(1) Collection.--On failure of a person to reimburse the
Secretary in accordance with this section, the Secretary may
assess a late payment penalty against the person.
(2) Interest.--Overdue funds due the Secretary under this
section shall accrue interest in accordance with section 3717
of title 31, United States Code.
(3) Account.--A late payment penalty and accrued interest
shall be credited to the account that incurs the costs and
shall remain available until expended without fiscal year
limitation.
SEC. 304. PROTECTION FOR MAIL CARRIERS.
This Act shall not apply to an employee of the United States in the
performance of the duties of the employee in handling the mail.
SEC. 305. REGULATIONS AND ORDERS.
The Secretary may promulgate such regulations, and issue such
orders, as the Secretary considers necessary to carry out this Act.
SEC. 306. REPEAL OF SUPERSEDED LAWS.
(a) Repeal.--The following provisions of law are repealed:
(1) Subsections (a) through (e) of section 102 of the
Department of Agriculture Organic Act of 1944 (7 U.S.C. 147a).
(2) Section 1773 of the Food Security Act of 1985 (7 U.S.C.
148f).
(3) The Golden Nematode Act (7 U.S.C. 150 et seq.).
(4) The Federal Plant Pest Act (7 U.S.C. 150aa et seq).
(5) The Joint Resolution of April 6, 1937 (56 Stat. 57,
chapter 69; 7 U.S.C. 148 et seq.).
(6) The Act of January 31, 1942 (56 Stat. 40, chapter 31; 7
U.S.C. 149).
(7) The Act of August 20, 1912 (commonly known as the
``Plant Quarantine Act'') (37 Stat. 315, chapter 308; 7 U.S.C.
151 et seq.).
(8) The Halogeton Glomeratus Control Act (7 U.S.C. 1651 et
seq.).
(9) The Act of August 28, 1950 (64 Stat. 561, chapter 815;
7 U.S.C. 2260).
(10) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et
seq.), other than the first section and section 15 of that Act
(7 U.S.C. 2801 note, 2814).
(b) Effect on Regulations.--Regulations promulgated under the
authority of a provision of law repealed by subsection (a) shall remain
in effect until such time as the Secretary promulgates a regulation
under section 304 that supersedes the earlier regulation.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as are necessary to carry out this Act.
(b) Compensation.--Except as provided in section 106 and as
specifically authorized by law, no part of the amounts appropriated
under this section shall be used to provide compensation for property
injured or destroyed by or at the direction of the Secretary.
SEC. 402. TRANSFER AUTHORITY.
(a) Authority To Transfer Certain Funds.--In connection with an
emergency in which a plant pest or noxious weed threatens a segment of
the agricultural production of the United States, the Secretary may
transfer from other appropriations or funds available to the agencies
or corporations of the Department of Agriculture such amounts as the
Secretary considers necessary to be available in the emergency for the
arrest, control, eradication, and prevention of the dissemination of
the plant pest or noxious weed and for related expenses.
(b) Availability.--Any funds transferred under this section shall
remain available for such purposes without fiscal year limitation.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1081-1082)
Read twice and referred to the Committee on Agriculture.
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