[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 949 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 949

    To amend the Plant Protection Act to authorize the Secretary of 
Agriculture to enter into cooperative agreements with States to augment 
 the efforts of the States to conduct early detection and surveillance 
  to prevent the establishment or spread of plant pests that endanger 
agriculture, the environment, and the economy of the United States, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2007

Mrs. Boxer (for herself, Mr. Levin, and Mrs. Feinstein) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
    To amend the Plant Protection Act to authorize the Secretary of 
Agriculture to enter into cooperative agreements with States to augment 
 the efforts of the States to conduct early detection and surveillance 
  to prevent the establishment or spread of plant pests that endanger 
agriculture, the environment, and the economy of the United States, 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 ``Early Plant Pest Detection and 
Surveillance Improvement Act''.

SEC. 2. SUPPORT FOR COMMODITY INSPECTION EFFORTS TO PREVENT 
              INTRODUCTION OR SPREAD OF PLANT PESTS.

    Subtitle B of the Plant Protection Act (7 U.S.C. 7731 et seq.) is 
amended by adding at the end the following:

``SEC. 427. SUPPORT FOR COMMODITY INSPECTION EFFORTS TO PREVENT 
              INTRODUCTION OR SPREAD OF PLANT PESTS.

    ``(a) Definitions.--In this section:
            ``(1) Department of agriculture.--The term `department of 
        agriculture' means an agency of a State that has a legal 
        responsibility to perform early plant pest detection and 
        surveillance activities.
            ``(2) Early plan pest detection and surveillance.--The term 
        `early plant pest detection and surveillance' means the full 
        range of activities undertaken to detect newly introduced plant 
        pests, whether the plant pests are new to the United States or 
        new to certain areas of the United States, before--
                    ``(A) the plant pests become established; or
                    ``(B) pest infestations become too large or costly 
                to eradicate or control.
    ``(b) Cooperative Agreements Authorized.--
            ``(1) In general.--The Secretary shall enter into a 
        cooperative agreement with each department of agriculture that 
        agrees to conduct early plant pest detection surveillance 
        activities in accordance with guidelines established under the 
        Cooperative Agricultural Pest Survey.
            ``(2) Activities.--The pest detection surveillance 
        activities of the department of agriculture of a State may 
        include inspection and surveillance of domestic plant shipments 
        between that State and other States.
    ``(c) Application.--
            ``(1) In general.--A department of agriculture seeking to 
        enter into a cooperative agreement under this section shall 
        submit an application to the Secretary containing such 
        information as the Secretary may require.
            ``(2) Notification.--The Secretary shall notify applicants 
        of--
                    ``(A) the requirements to be imposed on a 
                department of agriculture for auditing of, and 
                reporting on, the use of any funds provided by the 
                Secretary under the cooperative agreement;
                    ``(B) the criteria to be used to ensure that early 
                plant pest detection and surveillance activities 
                supported under the cooperative agreement are based on 
                knowledge, experience, and capabilities;
                    ``(C) the means of identifying pathways of pest 
                introductions; amd
                    ``(D) the methods to be used to determine the level 
                of support for proposed early plant pest detection and 
                surveillance activities by private and public interests 
                adversely affected by plant pests.
    ``(d) Consultation.--In carrying out this section, the Secretary 
shall consult with the National Plant Board and the National 
Association of State Departments of Agriculture.
    ``(e) Base Funds Under Agreements.--
            ``(1) In general.--Subject to the availability of 
        appropriated funds to carry out this section, each State 
        department of agriculture with which the Secretary enters into 
        a cooperative agreement under this section shall receive a base 
        level of funding of $250,000 for each of fiscal years 2008 
        through 2012.
            ``(2) Insufficient funds.--If the funds available for a 
        fiscal year are insufficient to provide the full amount 
        required under paragraph (1), the Secretary shall reduce the 
        amount provided to each State as necessary so that each State 
        receives an equal amount of the available funds.
    ``(f) Distribution of Remaining Funds.--After the application of 
subsection (e), the Secretary shall distribute any remaining funds 
appropriated to carry out this section to departments of agriculture of 
States that are recognized as high-risk sentinel States for 1 or more 
plant pests, based on--
            ``(1) the number of international airports and maritime 
        facilities in the State;
            ``(2) the volume of international passenger and cargo entry 
        into the State;
            ``(3) the geographic location of the State, taking into 
        consideration whether the location of the State would be 
        conducive to agricultural pest and disease establishment due to 
        both the climate and crop diversity of the State;
            ``(4) whether the State has received an emergency 
        declaration, as authorized by section 442, due to an 
        agricultural pest or disease of Federal concern; and
            ``(5) such other factors as the Secretary determines 
        appropriate.
    ``(g) Use of Funds.--
            ``(1) Pest detection and surveillance activities.--A 
        department of agriculture that receives funds under this 
        section shall use the funds to carry out early plant pest 
        detection and surveillance activities to prevent the 
        introduction of a pest or facilitate the eradication of a pest.
            ``(2) Subagreements.--Nothing in this section prevents the 
        department of agriculture of a State from using funds received 
        under subsection (e) or (f) to enter into subagreements with 
        political subdivisions in the State that have legal 
        responsibilities relating to agricultural pest and disease 
        surveillance.
            ``(3) Implementation.--In carrying out this section, a 
        department of agriculture of a State shall use funds provided 
        under subsection (e) or (f) in a manner that--
                    ``(A) maximizes the use of the funds to carry out 
                activities described in paragraph (1); and
                    ``(B) minimizes the use of the funds for 
                administrative or overhead costs.
            ``(4) Maintenance of funding.--Funds provided under 
        subsection (e) or (f) shall supplement (and not supplant) other 
        funding available to a department of agriculture to perform 
        early plant pest detection and surveillance activities.
    ``(h) Reporting Requirement.--Not later than 180 days after the 
date of completion of an early plant pest detection and surveillance 
activity conducted by a department of agriculture using funds provided 
under this section, the department of agriculture shall submit to the 
Secretary a report that describes the purposes and results of the 
activities.
    ``(i) No Effect on PILT Payments.--The receipt of funds by the 
department of agriculture of a State under this section shall have no 
effect on the amount of any payment received by the State under chapter 
69 of title 31, United States Code.
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary to carry out this section such sums as are 
        necessary for each of fiscal years 2008 through 2012.
            ``(2) Limitation on administrative costs.--Not more than 5 
        percent of the funds appropriated for a fiscal year under 
        paragraph (1) may be used by the Secretary for administrative 
        costs of carrying out this section.''.
                                 <all>