105th CONGRESS
1st Session
S. 83
To consolidate and revise 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 21, 1997
Mr. Akaka introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
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A BILL
To consolidate and revise 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.
This Act may be cited as the ``Plant Protection Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the detection, control, eradication, suppression,
prevention, and retardation of the spread of plant pests and
noxious weeds is necessary for the protection of the
agriculture, environment, and economy of the United States;
(2) biological control--
(A) is often a desirable, low-risk means of ridding
crops and other plants of plant pests and noxious
weeds; and
(B) should be facilitated by the Secretary of
Agriculture, Federal agencies, and States, whenever
feasible;
(3) markets could be severely impacted by the introduction
or spread of pests or noxious weeds into or within the United
States;
(4) the unregulated movement of plant pests, noxious weeds,
plants, biological control organisms, plant products, and
articles capable of harboring plant pests or noxious weeds
would present an unacceptable risk of introducing or spreading
plant pests or noxious weeds;
(5) the existence on any premises in the United States of a
plant pest or noxious weed new to or not known to be widely
prevalent in or distributed within and throughout the United
States could threaten crops, other plants, plant products, and
the natural resources and environment of the United States and
burden interstate commerce or foreign commerce; and
(6) all plant pests, noxious weeds, plants, plant products,
or articles capable of harboring plant pests or noxious weeds
regulated under this Act are in or affect interstate commerce
or foreign commerce.
SEC. 3. DEFINITIONS.
In this Act:
(1) Article.--The term ``article'' means any material or
tangible object that could harbor a pest, disease, or noxious
weed.
(2) Biological control organism.--The term ``biological
control organism'' means a biological entity, as defined by the
Secretary, that suppresses or decreases the population of
another biological entity.
(3) Enter.--The term ``enter'' means to move into the
commerce of the United States.
(4) Entry.--The term ``entry'' means the act of movement
into the commerce of the United States.
(5) Export.--The term ``export'' means to move from the
United States to any place outside the United States.
(6) Exportation.--The term ``exportation'' means the act of
movement from the United States to any place outside the United
States.
(7) Import.--The term ``import'' means to move into the
territorial limits of the United States.
(8) Importation.--The term ``importation'' means the act of
movement into the territorial limits of the United States.
(9) Indigenous.--The term ``indigenous'' means a plant
species found naturally as part of a natural habitat in a
geographic area in the United States.
(10) Interstate.--The term ``interstate'' means from 1
State into or through any other State, or within the District
of Columbia, Guam, the Virgin Islands of the United States, or
any other territory or possession of the United States.
(11) Interstate commerce.--The term ``interstate commerce''
means trade, traffic, movement, or other commerce--
(A) between a place in a State and a point in
another State;
(B) between points within the same State but
through any place outside the State; or
(C) within the District of Columbia, Guam, the
Virgin Islands of the United States, or any other
territory or possession of the United States.
(12) Means of conveyance.--The term ``means of conveyance''
means any personal property or means used for or intended for
use for the movement of any other personal property.
(13) Move.--The term ``move'' means to--
(A) carry, enter, import, mail, ship, or transport;
(B) aid, abet, cause, or induce the carrying,
entering, importing, mailing, shipping, or
transporting;
(C) offer to carry, enter, import, mail, ship, or
transport;
(D) receive to carry, enter, import, mail, ship, or
transport; or
(E) allow any of the activities referred to this
paragraph.
(14) Noxious weed.--The term ``noxious weed'' means a
plant, seed, reproductive part, or propagative part of a plant
that--
(A) can directly or indirectly injure or cause
damage to a crop, other useful plant, plant product,
livestock, poultry, or other interest of agriculture
(including irrigation), navigation, public health, or
natural resources or environment of the United States;
and
(B) belongs to a species that is not indigenous to
the geographic area or ecosystem in which it is causing
injury or damage.
(15) Permit.--The term ``permit'' means a written or oral
authorization (including electronic authorization) by the
Secretary to move a plant, plant product, biological control
organism, plant pest, noxious weed, or article under conditions
prescribed by the Secretary.
(16) Person.--The term ``person'' means an individual,
partnership, corporation, association, joint venture, or other
legal entity.
(17) Plant.--The term ``plant'' means a plant or plant part
for or capable of propagation, including a tree, shrub, vine,
bulb, root, pollen, seed, tissue culture, plantlet culture,
cutting, graft, scion, and bud.
(18) Plant pest.--The term ``plant pest'' means--
(A) a living stage of a protozoan, animal,
bacteria, fungus, virus, viroid, infection agent, or
parasitic plant that can directly or indirectly injure
or cause damage to, or cause disease in, a plant or
plant product; or
(B) an article that is similar to or allied with an
article referred to in subparagraph (A).
(19) Plant product.--The term ``plant product'' means a
flower, fruit, vegetable, root, bulb, seed, or other plant part
that is not considered a plant or a manufactured or processed
plant or plant part.
(20) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(21) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, and
any other territory or possession of the United States.
(22) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.
SEC. 4. RESTRICTIONS ON MOVEMENT OF PLANTS, PLANT PRODUCTS, BIOLOGICAL
CONTROL ORGANISMS, PLANT PESTS, NOXIOUS WEEDS, ARTICLES,
AND MEANS OF CONVEYANCE.
(a) In General.--The Secretary may prohibit or restrict the
importation, entry, exportation, or movement in interstate commerce of
a plant, plant product, biological control organism, plant pest,
noxious weed, article, or means of conveyance if the Secretary
determines that the prohibition or restriction is necessary to prevent
the introduction into the United States or the interstate dissemination
of a plant pest or noxious weed.
(b) Mail.--
(1) In general.--No person shall convey in the mail, or
deliver from a post office or by a mail carrier, a letter or
package containing a plant pest, biological control organism,
or noxious weed unless it is mailed in accordance with such
regulations as the Secretary may issue to prevent the
introduction into the United States, or interstate
dissemination, of plant pests or noxious weeds.
(2) Postal employees.--This subsection shall not apply to
an employee of the United States in the performance of the
duties of the employee in handling the mail.
(3) Postal laws and regulations.--Nothing in this
subsection authorizes a person to open a mailed letter or other
mailed sealed matter except in accordance with the postal laws
and regulations.
(c) State Restrictions on Noxious Weeds.--No person shall move into
a State, or sell or offer for sale in the State, a plant species the
sale of which is prohibited by the State because the plant species is
designated as a noxious weed or has a similar designation.
(d) Administration.--The Secretary may issue regulations to carry
out this section, including regulations requiring that a plant, plant
product, biological control organism, plant pest, noxious weed,
article, or means of conveyance imported, entered, to be exported, or
moved in interstate commerce--
(1) be accompanied by a permit issued by the Secretary
prior to the importation, entry, exportation, or movement in
interstate commerce;
(2) be accompanied by a certificate of inspection issued in
a manner and form required by the Secretary or by an
appropriate official of the country or State from which the
plant, plant product, biological control organism, plant pest,
noxious weed, article, or means of conveyance is to be moved;
(3) be subject to remedial measures the Secretary
determines to be necessary to prevent the spread of plant
pests; and
(4) in the case of a plant or biological control organism,
be grown or handled under post-entry quarantine conditions by
or under the supervision of the Secretary for the purpose of
determining whether the plant or biological control organism
may be infested with a plant pest or noxious weed, or may be a
plant pest or noxious weed.
(e) List of Restricted Noxious Weeds.--
(1) Publication.--The Secretary may publish, by regulation,
a list of noxious weeds that are prohibited or restricted from
entering the United States or that are subject to restrictions
on interstate movement within the United States.
(2) Petitions to add or remove plant species.--
(A) In general.--A person may petition the
Secretary to add or remove a plant species from the
list required under paragraph (1).
(B) Action on petition.--The Secretary shall--
(i) act on a petition not later than 1 year
after receipt of the petition by the Secretary;
and
(ii) notify the petitioner of the final
action the Secretary takes on the petition.
(C) Basis for determination.--The Secretary's
determination on the petition shall be based on sound
science, available data and technology, and information
received from public comment.
(D) Inclusion on list.--To include a plant species
on the list, the Secretary must determine that--
(i) the plant species is nonindigenous to
the geographic region or ecosystem in which the
species is spreading and causing injury; and
(ii) the dissemination of the plant in the
United States may reasonably be expected to
interfere with natural resources, agriculture,
forestry, or a native ecosystem of a geographic
region, or management of an ecosystem, or cause
injury to the public health.
(f) Conforming Amendments.--
(1) Section 102 of the Act of September 21, 1944 (58 Stat.
735, chapter 412; 7 U.S.C. 147a) is amended by striking ``(a)''
in subsection (a) and all that follows through ``(2)'' in
subsection (f)(2).
(2) The matter under the heading ``Enforcement of the
Plant-quarantine Act:'' under the heading ``Miscellaneous'' of
the Act of March 4, 1915 (commonly known as the ``Terminal
Inspection Act'') (38 Stat. 1113, chapter 144; 7 U.S.C. 166) is
amended--
(A) in the second paragraph--
(i) by striking ``plants and plant
products'' each place it appears and inserting
``plants, plant products, animals, and other
organisms'';
(ii) by striking ``plants or plant
products'' each place it appears and inserting
``plants, plant products, animals, or other
organisms'';
(iii) by striking ``plant-quarantine law or
plant-quarantine regulation'' each place it
appears and inserting ``plant-quarantine or
other law or plant-quarantine regulation'';
(iv) in the second sentence--
(I) by striking ``Upon his approval
of said list, in whole or in part, the
Secretary of Agriculture'' and
inserting ``On the receipt of the list
by the Secretary of Agriculture, the
Secretary''; and
(II) by striking ``said approved
lists'' and inserting ``the lists'';
(v) by inserting after the second sentence
the following: ``On the request of a
representative of a State, a Federal agency
shall act on behalf of the State to obtain a
warrant to inspect mail to carry out this
paragraph.''; and
(vi) in the last sentence, by striking ``be
forward'' and inserting ``be forwarded''; and
(B) in the third paragraph, by striking ``plant or
plant product'' and inserting ``plant, plant product,
animal, or other organism''.
SEC. 5. NOTIFICATION OF ARRIVAL AND INSPECTION BEFORE MOVEMENT OF
PLANTS, PLANT PRODUCTS, BIOLOGICAL CONTROL ORGANISMS,
PLANT PESTS, NOXIOUS WEEDS, ARTICLES, AND MEANS OF
CONVEYANCE.
(a) Notification and Holding by Secretary of the Treasury.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of the Treasury shall--
(A) promptly notify the Secretary of the arrival of
a plant, plant product, biological control organism,
plant pest, noxious weed, article, or means of
conveyance at a port of entry; and
(B) hold the plant, plant product, biological
control organism, plant pest, noxious weed, article, or
means of conveyance until inspected and authorized for
entry into or transit movement through the United
States, or otherwise released by the Secretary.
(2) Application.--Paragraph (1) shall not apply to a plant,
plant product, biological control organism, plant pest, noxious
weed, article, or means of conveyance that is imported from a
country or region of countries that the Secretary designates as
exempt from paragraph (1), pursuant to such regulations as the
Secretary may issue.
(b) Notification by Responsible Person.--The person responsible for
a plant, plant product, biological control organism, plant pest,
noxious weed, article, or means of conveyance subject to subsection (a)
shall promptly, on arrival at the port of entry and before the plant,
plant product, biological control organism, plant pest, noxious weed,
article, or means of conveyance is moved from the port of entry, notify
the Secretary or, at the Secretary's direction, the proper official of
the State to which the plant, plant product, biological control
organism, plant pest, noxious weed, article, or means of conveyance is
destined, or both, as the Secretary may prescribe, of--
(1) the name and address of the consignee;
(2) the nature and quantity of the plant, plant product,
biological control organism, plant pest, noxious weed, article,
or means of conveyance proposed to be moved; and
(3) the country and locality where the plant, plant
product, biological control organism, plant pest, noxious weed,
article, or means of conveyance was grown, produced, or
located.
(c) No Movement Without Inspection and Authorization.--No person
shall move from the port of entry or interstate an imported plant,
plant product, biological control organism, plant pest, noxious weed,
article, or means of conveyance unless the imported plant, plant
product, biological control organism, plant pest, noxious weed,
article, or means of conveyance has been inspected and authorized for
entry into or transit movement through the United States, or otherwise
released by the Secretary.
SEC. 6. REMEDIAL MEASURES OR DISPOSAL FOR PLANT PESTS OR NOXIOUS WEEDS;
EXTRAORDINARY EMERGENCY.
(a) Remedial Measures or Disposal for Plant Pests or Noxious
Weeds.--
(1) In general.--Except as provided in subsection (c), if
the Secretary considers it necessary to prevent the
dissemination of a plant pest or noxious weed new to or not
known to be widely prevalent or distributed within and
throughout the United States, the Secretary may hold, seize,
quarantine, treat, apply other remedial measures to, destroy,
or otherwise dispose of--
(A) a plant, plant product, biological control
organism, plant pest, noxious weed, article, or means
of conveyance that is moving into or through the United
States or interstate and that the Secretary has reason
to believe is infested with the plant pest or noxious
weed;
(B) a plant, plant product, biological control
organism, plant pest, noxious weed, article, or means
of conveyance that has moved into the United States or
interstate and that the Secretary has reason to believe
was infested with the plant pest or noxious weed at the
time of the movement;
(C) a plant, plant product, biological control
organism, plant pest, noxious weed, article, or means
of conveyance that is moving into or through the United
States or interstate, or has moved into the United
States or interstate, in violation of this Act;
(D) a plant, plant product, biological control
organism, plant pest, noxious weed, article, or means
of conveyance that has not been maintained in
compliance with a post-entry quarantine requirement;
(E) a progeny of a plant, plant product, biological
control organism, plant pest, or noxious weed that is
moving into or through the United States or interstate,
or has moved into the United States or interstate, in
violation of this Act; or
(F) a plant, plant product, biological control
organism, plant pest, noxious weed, article, or means
of conveyance that is infested with a plant pest or
noxious weed that the Secretary has reason to believe
was moved into the United States or in interstate
commerce.
(2) Ordering treatment or disposal by the owner.--Except as
provided in subsection (c), the Secretary may order the owner
of a plant, plant product, biological control organism, plant
pest, noxious weed, article, or means of conveyance subject to
disposal under paragraph (1), or the owner's agent, to treat,
apply other remedial measures to, destroy, or otherwise dispose
of the plant, plant product, biological control organism, plant
pest, noxious weed, article, or means of conveyance, without
cost to the Federal Government and in a manner the Secretary
considers appropriate.
(3) Classification system for noxious weeds.--
(A) In general.--To facilitate control of noxious
weeds, the Secretary shall develop a classification
system to describe the status and action levels for
noxious weeds.
(B) Categories.--The classification system shall
differentiate between--
(i) noxious weeds that are not known to be
introduced into the United States;
(ii) noxious weeds that are not known to be
widely disseminated within the United States;
(iii) noxious weeds that are widely
distributed within the United States; and
(iv) noxious weeds that are not indigenous,
including native plant species that are
invasive in limited geographic areas within the
United States.
(C) Other categories.--In addition to the
categories required under subparagraph (B), the
Secretary may establish other categories of noxious
weeds for the system.
(D) Varying levels of regulation and control.--The
Secretary shall develop varying levels of regulation
and control appropriate to each of the categories of
the system.
(E) Application of regulations.--The regulations
issued to carry out this paragraph shall apply, as the
Secretary considers appropriate, to--
(i) exclude a noxious weed;
(ii) prevent further dissemination of a
noxious weed through movement or commerce;
(iii) establish mandatory controls for a
noxious weed; or
(iv) designate a noxious weed as warranting
control efforts.
(F) Revisions.--The Secretary shall revise the
classification system, and the placement of individual
noxious weeds within the system, in response to
changing circumstances.
(G) Integrated management plans.--In conjunction
with the classification system, the Secretary may
develop an integrated management plan for a noxious
weed for the geographic region or ecological range of
the United States where the noxious weed is found or to
which the noxious weed may spread.
(b) Extraordinary Emergencies.--
(1) In general.--Subject to paragraph (2), if the Secretary
determines that an extraordinary emergency exists because of
the presence of a plant pest or noxious weed new to or not
known to be widely prevalent in or distributed within and
throughout the United States and that the presence of the plant
pest or noxious weed threatens a crop, other plant, plant
product, or the natural resources or environment of the United
States, the Secretary may--
(A) hold, seize, quarantine, treat, apply other
remedial measures to, destroy, or otherwise dispose of,
a plant, plant product, biological control organism,
plant pest, noxious weed, article, or means of
conveyance that the Secretary has reason to believe is
infested with the plant pest or noxious weed;
(B) quarantine, treat, or apply other remedial
measures to a premises, including a plant, plant
product, biological control organism, article, or means
of conveyance on the premises, that the Secretary has
reason to believe is infested with the plant pest or
noxious weed;
(C) quarantine a State or portion of a State in
which the Secretary finds the plant pest or noxious
weed, or a plant, plant product, biological control
organism, article, or means of conveyance that the
Secretary has reason to believe is infested with the
plant pest or noxious weed; or
(D) prohibit or restrict the movement within a
State of a plant, plant product, biological control
organism, article, or means of conveyance if the
Secretary determines that the prohibition or
restriction is necessary to prevent the dissemination
of the plant pest or noxious weed or to eradicate the
plant pest or noxious weed.
(2) Requirements for action.--
(A) Inadequate state measures.--After review and
consultation with the Governor or other appropriate
official of the State, the Secretary may take action
under this subsection only on a finding that the
measures being taken by the State are inadequate to
eradicate the plant pest or noxious weed.
(B) Notice to state and public.--Before taking any
action in a State under this subsection, the Secretary
shall--
(i) notify the Governor or another
appropriate official of the State;
(ii) issue a public announcement; and
(iii) except as provided in subparagraph
(C), publish in the Federal Register a
statement of--
(I) the Secretary's findings;
(II) the action the Secretary
intends to take;
(III) the reason for the intended
action; and
(IV) if practicable, an estimate of
the anticipated duration of the
extraordinary emergency.
(C) Notice after action.--If it is not practicable
to publish a statement in the Federal Register under
subparagraph (B) prior to taking an action under this
subsection, the Secretary shall publish the statement
in the Federal Register within a reasonable period of
time, not to exceed 10 business days, after
commencement of the action.
(3) Compensation.--
(A) In general.--The Secretary may pay compensation
to a person for economic losses incurred by the person
as a result of action taken by the Secretary under
paragraph (1).
(B) Final determination.--The determination by the
Secretary of the amount of any compensation paid under
this subsection shall be final and shall not be subject
to judicial review.
(c) Least Drastic Action To Prevent Dissemination.--No plant, plant
product, biological control organism, article, or means of conveyance
shall be destroyed, exported, or returned to the shipping point of
origin, or ordered to be destroyed, exported, or returned to the
shipping point of origin under this section unless, in the opinion of
the Secretary, there is no less drastic action that is feasible, and
that would be adequate, to prevent the dissemination of a plant pest or
noxious weed new to or not known to be widely prevalent or distributed
within and throughout the United States.
(d) Compensation of Owner for Unauthorized Disposal.--
(1) In general.--The owner of a plant, plant product,
biological control organism, article, or means of conveyance
destroyed or otherwise disposed of by the Secretary under this
section may bring an action against the United States in the
United States District Court of the District of Columbia, not
later than 1 year after the destruction or disposal, and
recover just compensation for the destruction or disposal of
the plant, plant product, biological control organism, article,
or means of conveyance (not including compensation for loss due
to delays incident to determining eligibility for importation,
entry, exportation, movement in interstate commerce, or release
into the environment) if the owner establishes that the
destruction or disposal was not authorized under this Act.
(2) Source for payments.--A judgment rendered in favor of
the owner shall be paid out of the money in the Treasury
appropriated for plant pest control activities of the
Department of Agriculture.
SEC. 7. INSPECTIONS, SEIZURES, AND WARRANTS.
(a) In General.--Consistent with guidelines approved by the
Attorney General, the Secretary may--
(1) stop and inspect, without a warrant, a person or means
of conveyance moving into the United States to determine
whether the person or means of conveyance is carrying a plant,
plant product, biological control organism, or article
regulated under this Act or is moving subject to this Act;
(2) stop and inspect, without a warrant, a person or means
of conveyance moving in interstate commerce on probable cause
to believe that the person or means of conveyance is carrying a
plant, plant product, biological control organism, or article
regulated under this Act or is moving subject to this Act;
(3) stop and inspect, without a warrant, a person or means
of conveyance moving in interstate commerce from or within a
State, portion of a State, or premises quarantined under
section 6(b) on probable cause to believe that the person or
means of conveyance is carrying any plant, plant product,
biological control organism, or article regulated under this
Act or is moving subject to this Act; and
(4) enter, with a warrant, a premises in the United States
for the purpose of making inspections and seizures under this
Act.
(b) Warrants.--
(1) In general.--A United States judge, a judge of a court
of record in the United States, or a United States magistrate
judge may, within the judge's or magistrate's jurisdiction, on
proper oath or affirmation showing probable cause to believe
that there is on certain premises a plant, plant product,
biological control organism, article, facility, or means of
conveyance regulated under this Act, issue a warrant for entry
on the premises to make an inspection or seizure under this
Act.
(2) Execution.--The warrant may be executed by the
Secretary or a United States Marshal.
SEC. 8. COOPERATION.
(a) In General.--To carry out this Act, the Secretary may cooperate
with--
(1) other Federal agencies;
(2) States or political subdivisions of States;
(3) national, State, or local associations;
(4) national governments;
(5) local governments of other nations;
(6) international organizations;
(7) international associations; and
(8) other persons.
(b) Responsibility.--The individual or entity cooperating with the
Secretary shall be responsible for conducting the operations or taking
measures on all land and property within the foreign country or State,
other than land and property owned or controlled by the United States,
and for other facilities and means determined by the Secretary.
(c) Transfer of Biological Control Methods.--At the request of a
Federal or State land management agency, the Secretary may transfer to
the agency biological control methods utilizing biological control
organisms against plant pests or noxious weeds.
(d) Improvement of Plants, Plant Products, and Biological Control
Organisms.--The Secretary may cooperate with State authorities in the
administration of regulations for the improvement of plants, plant
products, and biological control organisms.
SEC. 9. PHYTOSANITARY CERTIFICATE FOR EXPORTS.
The Secretary may certify a plant, plant product, or biological
control organism as free from plant pests and noxious weeds, and
exposure to plant pests and noxious weeds, according to the
phytosanitary requirements of the country to which the plant, plant
product, or biological control organism may be exported.
SEC. 10. ADMINISTRATION.
(a) In General.--The Secretary may acquire and maintain such real
or personal property, employ such persons, make such grants, and enter
into such contracts, cooperative agreements, memoranda of
understanding, or other agreements as are necessary to carry out this
Act.
(b) Personnel of User Fee Services.--Notwithstanding any other law,
the Secretary shall provide adequate personnel for services provided
under this Act that are funded by user fees.
(c) Tort Claims.--
(1) In general.--The Secretary may pay a tort claim (in the
manner authorized in the first paragraph of section 2672 of
title 28, United States Code) if the claim arises outside the
United States in connection with an activity authorized under
this Act.
(2) Time limitation.--A claim may not be allowed under
paragraph (1) unless the claim is presented in writing to the
Secretary not later than 2 years after the claim accrues.
SEC. 11. REIMBURSABLE AGREEMENTS.
(a) Preclearance.--
(1) In general.--The Secretary may enter into a
reimbursable fee agreement with a person for preclearance (at a
location outside the United States) of plants, plant products,
and articles for movement into the United States.
(2) Account.--All funds collected under this subsection
shall be credited to an account that may be established by the
Secretary and remain available until expended without fiscal
year limitation.
(b) Overtime.--
(1) In general.--Notwithstanding any other law, the
Secretary may pay an employee of the Department of Agriculture
performing services under this Act relating to imports into and
exports from the United States, for all overtime, night, or
holiday work performed by the employee, at a rate of pay
determined by the Secretary.
(2) Reimbursement of secretary.--The Secretary may require
a person for whom the services are performed to reimburse the
Secretary for any funds paid by the Secretary for the services.
(3) Account.--All funds collected under this subsection
shall be credited to the account that incurs the costs and
remain available until expended without fiscal year limitation.
(c) Late Payment Penalty and Interest.--
(1) Penalty.--On failure of a person to reimburse the
Secretary in accordance with this section, the Secretary may
assess a late payment penalty against the person.
(2) Interest.--Overdue funds due the Secretary under this
section shall accrue interest in accordance with section 3717
of title 31, United States Code.
(3) Account.--A late payment penalty and accrued interest
shall be credited to the account that incurs the costs and
shall remain available until expended without fiscal year
limitation.
SEC. 12. VIOLATIONS; PENALTIES.
(a) Criminal Penalties.--A person who knowingly violates this Act,
or who knowingly forges, counterfeits, or, without authority from the
Secretary, uses, alters, defaces, or destroys a certificate, permit, or
other document provided under this Act shall be guilty of a
misdemeanor, and, on conviction, shall be fined in accordance with
title 18, United States Code, or imprisoned for not more than 1 year,
or both.
(b) Civil Penalties.--
(1) In general.--A person who violates this Act, or who
forges, counterfeits, or, without authority from the Secretary,
uses, alters, defaces, or destroys a certificate, permit, or
other document provided under this Act may, after notice and
opportunity for a hearing on the record, be assessed a civil
penalty by the Secretary of not more than $25,000 for each
violation.
(2) Final order.--The order of the Secretary assessing a
civil penalty shall be treated as a final order that is
reviewable under chapter 158 of title 28, United States Code.
(3) Validity of order.--The validity of an order of the
Secretary may not be reviewed in an action to collect the civil
penalty.
(4) Interest.--A civil penalty not paid in full when due
under an order assessing the civil penalty shall (after the due
date) accrue interest until paid at the rate of interest
applicable to a civil judgment of a court of the United States.
(c) Pecuniary Gains or Losses.--If a person derives pecuniary gain
from an offense described in subsection (a) or (b), or if the offense
results in pecuniary loss to a person other than the defendant, the
defendant may be fined not more than an amount that is the greater of
twice the gross gain or twice the gross loss, unless imposition of a
fine under this subsection would unduly complicate or prolong the
imposition of a fine or sentence under subsection (a) or (b).
(d) Agents.--For purposes of this Act, the act, omission, or
failure of an officer, agent, or person acting for or employed by any
other person within the scope of the employment or office of the other
person shall be considered also to be the act, omission, or failure of
the other person.
(e) Civil Penalties or Notice in Lieu of Prosecution.--The
Secretary shall coordinate with the Attorney General to establish
guidelines to determine under what circumstances the Secretary may
issue a civil penalty or suitable notice of warning in lieu of
prosecution by the Attorney General of a violation of this Act.
SEC. 13. ENFORCEMENT.
(a) Investigations, Evidence, and Subpoenas.--
(1) Investigations.--The Secretary may gather and compile
information and conduct any investigations the Secretary
considers necessary for the administration and enforcement of
this Act.
(2) Evidence.--The Secretary shall at all reasonable times
have the right to examine and copy any documentary evidence of
a person being investigated or proceeded against.
(3) Subpoenas.--
(A) In general.--The Secretary shall have power to
require by subpoena the attendance and testimony of any
witness and the production of all documentary evidence
relating to the administration or enforcement of this
Act or any matter under investigation in connection
with this Act.
(B) Location.--The attendance of a witness and
production of documentary evidence may be required from
any place in the United States at any designated place
of hearing.
(C) Noncompliance with subpoena.--If a person
disobeys a subpoena, the Secretary may request the
Attorney General to invoke the aid of a court of the
United States within the jurisdiction in which the
investigation is conducted, or where the person
resides, is found, transacts business, is licensed to
do business, or is incorporated to require the
attendance and testimony of a witness and the
production of documentary evidence.
(D) Order.--If a person disobeys a subpoena, the
court may order the person to appear before the
Secretary and give evidence concerning the matter in
question or to produce documentary evidence.
(E) Noncompliance with order.--A failure to obey
the court's order may be punished by the court as a
contempt of the court.
(F) Fees and mileage.--
(i) In general.--A witness summoned by the
Secretary shall be paid the same fees and
reimbursement for mileage that is paid to a
witness in the courts of the United States.
(ii) Depositions.--A witness whose
deposition is taken, and the person taking the
deposition, shall be entitled to the same fees
that are paid for similar services in a court
of the United States.
(b) Attorney General.--The Attorney General may--
(1) prosecute, in the name of the United States, a criminal
violation of this Act that is referred to the Attorney General
by the Secretary or is brought to the notice of the Attorney
General by a person;
(2) bring an action to enjoin the violation of or to compel
compliance with this Act, or to enjoin any interference by a
person with the Secretary in carrying out this Act, if the
Secretary has reason to believe that the person has violated or
is about to violate this Act, or has interfered, or is about to
interfere, with the Secretary; and
(3) bring an action for the recovery of any unpaid civil
penalty, funds under a reimbursable agreement, late payment
penalty, or interest assessed under this Act.
(c) Jurisdiction.--
(1) In general.--Except as provided in section 12(b), a
United States district court, the District Court of Guam, the
District Court of the Virgin Islands, the highest court of
American Samoa, and the United States courts of other
territories and possessions shall have jurisdiction over all
cases arising under this Act.
(2) Venue.--Except as provided in subsection (b), an action
arising under this Act may be brought, and process may be
served, in the judicial district where a violation or
interference occurred or is about to occur, or where the person
charged with the violation, interference, impending violation,
impending interference, or failure to pay resides, is found,
transacts business, is licensed to do business, or is
incorporated.
(3) Subpoenas.--A subpoena for a witness to attend court in
a judicial district or to testify or produce evidence at an
administrative hearing in a judicial district in an action or
proceeding arising under this Act may apply to any other
judicial district.
SEC. 14. PREEMPTION.
(a) In General.--Except as provided in subsection (b), no State or
political subdivision of a State may regulate any article, means of
conveyance, plant, biological control organism, plant pest, noxious
weed, or plant product in foreign commerce to control a plant pest or
noxious weed, eradicate a plant pest or noxious weed, or prevent the
introduction or dissemination of a biological control organism, plant
pest, or noxious weed.
(b) State Noxious Weed Laws.--This Act shall not invalidate the law
of any State or political subdivision of a State relating to noxious
weeds, except that a State or political subdivision of a State may not
permit any action that is prohibited under this Act.
SEC. 15. REGULATIONS AND ORDERS.
The Secretary may issue such regulations and orders as the
Secretary considers necessary to carry out this Act, including (at the
option of the Secretary) regulations and orders relating to--
(1) notification of arrival of plants, plant products,
biological control organisms, plant pests, noxious weeds,
articles, or means of conveyance;
(2) prohibition or restriction of or on the importation,
entry, exportation, or movement in interstate commerce of
plants, plant products, biological control organisms, plant
pests, noxious weeds, articles, or means of conveyance;
(3) holding, seizure of, quarantine of, treatment of,
application of remedial measures to, destruction of, or
disposal of plants, plant products, biological control
organisms, plant pests, noxious weeds, articles, premises, or
means of conveyance;
(4) in the case of an extraordinary emergency, prohibition
or restriction on the movement of plants, plant products,
biological control organisms, plant pests, noxious weeds,
articles, or means of conveyance;
(5) payment of compensation;
(6) cooperation with other Federal agencies, States,
political subdivisions of States, national governments, local
governments of other countries, international organizations,
international associations, and other persons, entities, and
individuals;
(7) transfer of biological control methods for plant pests
or noxious weeds;
(8) negotiation and execution of agreements;
(9) acquisition and maintenance of real and personal
property;
(10) issuance of letters of warning;
(11) compilation of information;
(12) conduct of investigations;
(13) transfer of funds for emergencies;
(14) approval of facilities and means of conveyance;
(15) denial of approval of facilities and means of
conveyance;
(16) suspension and revocation of approval of facilities
and means of conveyance;
(17) inspection, testing, and certification;
(18) cleaning and disinfection;
(19) designation of ports of entry;
(20) imposition and collection of fees, penalties, and
interest;
(21) recordkeeping, marking, and identification;
(22) issuance of permits and phytosanitary certificates;
(23) establishment of quarantines, post-importation
conditions, and post-entry quarantine conditions;
(24) establishment of conditions for transit movement
through the United States; and
(25) treatment of land for the prevention, suppression, or
control of plant pests or noxious weeds.
SEC. 16. AUTHORIZATION OF APPROPRIATIONS; TRANSFERS.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as are necessary to carry out this Act.
(2) Indemnities.--Except as specifically authorized by law,
no part of the money made available under paragraph (1) shall
be used to pay an indemnity for property injured or destroyed
by or at the direction of the Secretary.
(b) Transfers.--
(1) In general.--In connection with an emergency in which a
plant pest or noxious weeds threatens any segment of the
agricultural production of the United States, the Secretary may
transfer (from other appropriations or funds available to an
agency or corporation of the Department of Agriculture) such
funds as the Secretary considers necessary for the arrest,
control, eradication, and prevention of the spread of the plant
pest or noxious weed and for related expenses.
(2) Availability.--Any funds transferred under this
subsection shall remain available to carry out paragraph (1)
without fiscal year limitation.
SEC. 17. REPEALS.
The following provisions of law are repealed:
(1) Public Law 97-46 (7 U.S.C. 147b).
(2) The Joint Resolution of April 6, 1937 (50 Stat. 57,
chapter 69; 7 U.S.C. 148 et seq.).
(3) Section 1773 of the Food Security Act of 1985 (7 U.S.C.
148f).
(4) The Act of January 31, 1942 (56 Stat. 40, chapter 31; 7
U.S.C. 149).
(5) The Golden Nematode Act (7 U.S.C. 150 et seq.).
(6) The Federal Plant Pest Act (7 U.S.C. 150aa et seq.).
(7) The Act of August 20, 1912 (commonly known as the
``Plant Quarantine Act'') (37 Stat. 315, chapter 308; 7 U.S.C.
151 et seq.).
(8) The Halogeton Glomeratus Control Act (7 U.S.C. 1651 et
seq.).
(9) The Act of August 28, 1950 (64 Stat. 561, chapter 815;
7 U.S.C. 2260).
(10) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et
seq.), other than the first section of the Act (Public Law 93-
629; 7 U.S.C. 2801 note) and section 15 of the Act (7 U.S.C.
2814).
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