110 HR 2629 IH: To restore import and entry agricultural inspection U.S. House of Representatives 2007-06-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 110th CONGRESS 1st Session H. R. 2629 IN THE HOUSE OF REPRESENTATIVES June 7, 2007 Mr. Putnam introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To restore import and entry agricultural inspection functions to the Department of Agriculture.
1.
SHORT TITLE
This Act may be cited as the Agricultural Border Safeguard Protection Act.
2.
RESTORATION OF IMPORT AND ENTRY AGRICULTURAL INSPECTION FUNCTIONS TO THE DEPARTMENT OF AGRICULTURE
(a)
Repeal of Transfer of Functions
Section 421 of the Homeland Security Act of 2002 (6 U.S.C. 231) is repealed. (b)
Conforming Amendment to Function of Secretary of Homeland Security
Section 402 of the Homeland Security Act of 2002 (6 U.S.C. 202) is amended— (1)by striking paragraph (7); and (2)by redesignating paragraph (8) as paragraph (7). (c)
Transfer Agreement
(1)
In General
Not later than the effective date described in subsection (g), the Secretary of Agriculture and the Secretary of Homeland Security shall enter into an agreement to effectuate the return of functions required by the amendments made by this section. (2)
Use of Certain Employees
The agreement may include authority for the Secretary of Agriculture to use employees of the Department of Homeland Security to carry out authorities delegated to the Animal and Plant Health Inspection Service regarding the protection of domestic livestock and plants. (d)
Restoration of Department of Agriculture Employees
Not later than the effective date described in subsection (g) of this section, all full-time equivalent positions of the Department of Agriculture transferred to the Department of Homeland Security under section 421(g) of the Homeland Security Act of 2002 (6 U.S.C. 231(g)) shall be restored to the Department of Agriculture. (e)
Authority of Animal and Plant Health Inspection Service Regarding Inspection User Fees
The Administrator of the Animal and Plant Health Inspection Service may, as applicable— (1)continue to collect any agricultural quarantine inspection user fee; and (2)administer any reserve account for the fees. (f)
Duties of Secretary of Agriculture
(1)
In General
The Secretary of Agriculture (referred to in this subsection as the Secretary) shall— (A)develop standard operating procedures for inspection, monitoring, and auditing relating to import and entry agricultural inspections, in accordance with recommendations from the Comptroller General of the United States and reports of interagency advisory groups, as applicable; and (B)ensure that the Animal and Plant Health Inspection Service has a national electronic system with real-time tracking capability for monitoring, tracking, and reporting inspection activities of the Service. (2)
Federal and State Cooperation
(A)
Communication System
The Secretary shall develop and maintain an integrated, real-time communication system with respect to import and entry agricultural inspections to alert State departments of agriculture of significant inspection findings of the Animal and Plant Health Inspection Service. (B)
Advisory Committee
(i)
Establishment
The Secretary shall establish a committee, to be known as the International Trade Inspection Advisory Committee (referred to in this subparagraph as the committee), to advise the Secretary on policies and other issues relating to import and entry agricultural inspection. (ii)
Model
In establishing the committee, the Secretary shall use as a model the Agricultural Trade Advisory Committee. (iii)
Membership
The committee shall be composed of members representing— (I)State departments of agriculture; (II)directors of ports and airports in the United States; (III)the transportation industry; (IV)the public; and (V)such other entities as the Secretary determines to be appropriate. (3)
Report
Not less frequently than once each year, the Secretary shall submit to Congress a report containing an assessment of— (A)the resource needs for import and entry agricultural inspection, including the number of inspectors required; (B)the adequacy of inspection and monitoring procedures and facilities in the United States; and (C)new and potential technologies and practices, including recommendations regarding the technologies and practices, to improve import and entry agricultural inspection. (4)
Funding
The Secretary shall pay the costs of each import and entry agricultural inspector employed by the Animal and Plant Health Inspection Service— (A)from amounts made available to the Department of Agriculture for the applicable fiscal year; or (B)if amounts described in subparagraph (A) are unavailable, from amounts of the Commodity Credit Cooperation. (g)
Effective Date
The amendments made by this section take effect on the date that is 180 days after the date of enactment of this Act.