12 2 STA T . 21 05PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 (d)WIL L FU L V I O L AT IO NS.—Section42 4( b )( 1 )( A )o f t h e Pla nt P r otection Act ( 7U .S. C .77 3 4(b)(1)(A)) i s a m ended b y stri k in g‘ ‘and $50 0 , 000 for all v iolations ad ju dicated in a single p roceeding ’ ’ and inserting ‘‘$500,000 for all violations adjudicated in a single pro - ceeding if the violations do not include a w illful violation, and $1,000,000 for all violations adjudicated in a single proceeding if the violations include a willful violation’’. SEC.102 0 4 . R E GULATION STOI MP RO V E MANAGEMENT AN D OVER - SIG H TO F CERTAIN REGULATED ARTICLES. (a) I N GE NE R AL.— N ot later than 1 8 months after the date of enactment of this Act, the Secretary shall— (1) take action on each issue identified in the document entitled ‘‘ L essons Learned and R evisions under Consideration for AP H IS’ B iotechnology F ramework’’, dated O ctober 4, 2007
and (2) as the Secretary considers appropriate, promulgate regulations to improve the management and oversight of arti- cles regulated under the Plant Protection Act (7 U.S.C. 7701 et se q .). (b) IN C LUSIONS.—In carrying out subsection (a), the Secretary shall take actions that are designed to enhance— (1) the quality and completeness of records; (2) the availability of representative samples; (3) the maintenance of identity and control in the event of an unauthori z ed release; (4) corrective actions in the event of an unauthorized release; (5) protocols for conducting molecular forensics; ( 6 ) clarity in contractual agreements; (7) the use of the latest scientific techniques for isolation and confinement distances; (8) standards for quality management systems and effective research; and ( 9 ) the design of electronic permits to store documents and other information relating to the permit and notification processes. (c) CONSI D ERATION.—In carrying out subsection (a), the Sec- retary shall consider— (1) establishing— (A) a system of risk-based categories to classify each regulated article; (B) a means to identify regulated articles (including the retention of seed samples); and (C) standards for isolation and containment distances; and (2) requiring permit holders— (A) to maintain a positive chain of custody; (B) to provide for the maintenance of records; (C) to provide for the accounting of material; ( D ) to conduct periodic audits; ( E ) to establish an appropriate training program; (F) to provide contingency and corrective action plans; and (G) to submit reports as the Secretary considers to be appropriate. Deadlin e s.7USC 77 01 n ot e.
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