Sec. 1125. Prevention, detection, control, and eradication of diseases and pests
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/bill/115/s/2192/pcs/section-1125A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term animal means any member of the animal kingdom (except a human). The term article means any pest or disease or any material or tangible object that could harbor a pest or disease. The term disease has the meaning given such term by the Secretary of Agriculture. The term livestock means all farm-raised animals. The term means of conveyance means any personal property used for, or intended for use for, the movement of any other personal property. The term pest means any of the following that can directly or indirectly injure, cause damage to, or cause disease in human livestock, a plant, or a plant part:
A protozoan. A plant or plant part. An animal. A bacterium. A fungus. A virus or viroid. An infectious agent or other pathogen. An arthropod. A parasite or parasitic plant. A prion. A vector. Any organism similar to or allied with any of the organisms described in this paragraph. The term plant means any plant (including any plant part) capable of propagation, including a tree, a tissue culture, a plantlet culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, and a seed.
The term State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any territory or possession of the United States. The Secretary of Agriculture may carry out operations and measures to prevent, detect, control, or eradicate the spread of any pest or disease of livestock or plant that threatens any segment of agriculture. The Secretary of Agriculture may pay a claim arising out of— the destruction of any animal, plant, plant part, article, or means of conveyance consistent with the purposes of this section; and implementing measures to prevent, detect, control, or eradicate the spread of any pest disease of livestock or plant that threatens any segment of agriculture.
The Secretary of Agriculture shall compensate industry participants and State agencies that cooperate with the Secretary of Agriculture in carrying out operations and measures under this subsection for up to 100 percent of eligible costs relating to— cooperative programs involving Federal, State, or industry participants to control diseases of low or high pathogenicity and pests in accordance with regulations issued by the Secretary of Agriculture; and the construction and operation of research laboratories, quarantine stations, and other buildings and facilities for special purposes.
The action of any officer, employee, or agent of the Secretary of Agriculture under paragraph
(1)shall not be subject to review by any officer or employee of the Federal Government other than the Secretary of Agriculture or a designee of the Secretary of Agriculture. In carrying out this section, the Secretary of Agriculture may cooperate with other Federal agencies, States, State agencies, political subdivisions of States, national and local governments of foreign countries, domestic and international organizations and associations, domestic nonprofit corporations, Indian tribes, and other persons. The person or other entity cooperating with the Secretary of Agriculture shall be responsible for the authority necessary to carry out operations or measures— on all land and property within a foreign country or State, or under the jurisdiction of an Indian tribe, other than on land and property owned or controlled by the United States; and using other facilities and means, as determined by the Secretary of Agriculture. For fiscal year 2018, and for each subsequent fiscal year, the Secretary of Agriculture shall use such funds from the Commodity Credit Cooperation as may be necessary to carry out operations and measures to prevent, detect, control, or eradicate the spread of any pest or disease of livestock or plant that threatens any segment of agriculture. The Secretary of Agriculture shall reimburse any Federal agency, State, State agency, political subdivision of a State, national or local government of a foreign country, domestic or international organization or association, domestic nonprofit corporation, Indian tribe, or other person for specified costs, as prescribed by the Secretary of Agriculture, in the discretion of the Secretary of Agriculture, that result from cooperation with the Secretary of Agriculture in carrying out operations and measures under this section.