[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 887 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 887

 To restore import and entry agricultural inspection functions to the 
                       Department of Agriculture.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2007

 Mrs. Feinstein (for herself and Mr. Durbin) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To restore import and entry agricultural inspection functions to the 
                       Department of Agriculture.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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Security Act of 2002 (6 U.S.C. 231) is repealed.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 (e), 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)) (as in effect on the 
day before the effective date described in subsection (g)) shall be 
restored to the Department of Agriculture.
    (e) Authority of APHIS.--
            (1) Establishment of program.--The Secretary of Agriculture 
        shall establish within the Animal and Plant Health Inspection 
        Service a program, to be known as the ``International 
        Agricultural Inspection Program'', under which the 
        Administrator of the Animal and Plant Health Inspection Service 
        (referred to in this subsection as the ``Administrator'') shall 
        carry out import and entry agricultural inspections.
            (2) Information gathering and inspections.--In carrying out 
        the program under paragraph (1), the Administrator shall have 
        full access to--
                    (A) each secure area of any terminal for screening 
                passengers or cargo under the control of the Department 
                of Homeland Security on the day before the date of 
                enactment of this Act for purposes of carrying out 
                inspections and gathering information; and
                    (B) each database (including any database relating 
                to cargo manifests or employee and business records) 
                under the control of the Department of Homeland 
                Security on the day before the date of enactment of 
                this Act for purposes of gathering information.
            (3) Inspection alerts.--The Administrator may issue 
        inspection alerts, including by indicating cargo to be held for 
        immediate inspection.
            (4) Inspection user fees.--The Administrator may, as 
        applicable--
                    (A) continue to collect any agricultural quarantine 
                inspection user fee; and
                    (B) administer any reserve account for the fees.
            (5) Career track program.--
                    (A) In general.--The Administrator shall establish 
                a program, to be known as the ``import and entry 
                agriculture inspector career track program'', to 
                support the development of long-term career 
                professionals with expertise in import and entry 
                agriculture inspection.
                    (B) Strategic plan and training.--In carrying out 
                the program under this paragraph, the Administrator, in 
                coordination with the Secretary of Agriculture, shall--
                            (i) develop a strategic plan to incorporate 
                        import and entry agricultural inspectors into 
                        the infrastructure protecting food, fiber, 
                        forests, bioenergy, and the environment of the 
                        United States from animal and plant pests, 
                        diseases, and noxious weeds; and
                            (ii) as part of the plan under clause (i), 
                        provide training for import and entry 
                        agricultural inspectors participating in the 
                        program not less frequently than once each year 
                        to improve inspection skills.
    (f) Duties of Secretary.--
            (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--
                            (i) inspection and monitoring procedures 
                        and facilities in the United States; and
                            (ii) the strategic plan developed under 
                        subsection (e)(5)(B)(i); 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 
                Corporation.
    (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.
                                 <all>