I 

116TH CONGRESS 

1ST SESSION H. R. 5506 

To amend the Farm Security and Rural Investment Act of 2002 by requiring 

preclearance quarantine inspections for all movement to or from the 

State of Hawaii by either domestic or international travel, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 19, 2019 

Mr. CASE (for himself and Ms. GABBARD) introduced the following bill; which 

was referred to the Committee on Agriculture 

A BILL 

To amend the Farm Security and Rural Investment Act 

of 2002 by requiring preclearance quarantine inspections 

for all movement to or from the State of Hawaii by 

either domestic or international travel, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hawaii Invasive Spe5 cies Protection Act’’. 


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1 SEC. 2. REQUIRING PRECLEARANCE QUARANTINE INSPEC2 TIONS FOR ALL MOVEMENT TO OR FROM THE 

3 STATE OF HAWAII. 

4 Section 10811 of the Farm Security and Rural In5 vestment Act of 2002 (7 U.S.C. 8307 note) is amended 

6 to read as follows: 

7 ‘‘SEC. 10811. PRECLEARANCE QUARANTINE INSPECTIONS. 

8 ‘‘(a) PRECLEARANCE INSPECTIONS REQUIRED.—The 

9 Secretary of Agriculture, acting through the Adminis10 trator of the Animal and Plant Health Inspection Service, 

11 in cooperation with the Secretary of the Interior, the Sec12 retary of Homeland Security, the Secretary of Commerce, 

13 the Secretary of the Treasury, the government of Hawaii, 

14 and each of their respective quarantine, natural resource, 

15 conservation, and law enforcement agencies and officers, 

16 as appropriate, shall conduct visual, x-ray, and canine 

17 preclearance quarantine inspections of persons, baggage, 

18 cargo, and any other articles destined for direct movement 

19 to or from the State of Hawaii by either domestic or inter20 national travel for high-risk invasive species and agricul21 tural materials. 

22 ‘‘(b) INSPECTION LOCATIONS.—The domestic 

23 preclearance quarantine inspections required by sub24 section (a) shall be conducted prior to direct travel to or 

25 from the State of Hawaii at all— 

26 ‘‘(1) departure and interline airports; 


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1 ‘‘(2) ports of departure; and 

2 ‘‘(3) destination sectional center facilities of the 

3 United States Postal Service. 

4 ‘‘(c) INVASIVE SPECIES AND AGRICULTURAL MATE5 RIALS.—The Secretary of Agriculture, acting through the 

6 Administrator of the Animal and Plant Health Inspection 

7 Service, shall in consultation with the government of Ha8 waii, develop a list of items subect to inspection for pur9 poses of screening pursuant to subsection (a). 

10 ‘‘(d) PUBLICATION IN FEDERAL REGISTER.—Not 

11 later than 180 days after the date of the enactment of 

12 the Hawaii Invasive Species Protection Act, the Secretary 

13 of Agriculture, acting through the Administrator of the 

14 Animal and Plant Health Inspection Service, in coopera15 tion with the government of Hawaii, shall publish in the 

16 Federal Register the list developed pursuant to subsection 

17 (c). 

18 ‘‘(e) SEIZURE AND DISPOSAL.—High-risk invasive 

19 species and agricultural material discovered under sub20 section (a) may be seized and disposed of in accordance 

21 with section 10407 (7 U.S.C. 8306).’’. 

22 SEC. 3. PRECLEARANCE QUARANTINE INSPECTIONS FOR 

23 PLANTS. 

24 Section 421(b) of the Plant Protection Act (7 U.S.C. 

25 7731(b)) is amended— 


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1 (1) in paragraph (1), by striking ‘‘or article 

2 subject to this title;’’ and inserting ‘‘(including high3 risk invasive species and agricultural materials into 

4 the State of Hawaii in accordance with section 

5 10811(c) of the Farm Security and Rural Invest6 ment Act of 2002 (7 U.S.C. 8307(c) note), or article 

7 subject to this title;’’; 

8 (2) in paragraph (2), by striking ‘‘or article 

9 subject to this title;’’ and inserting ‘‘(including high10 risk invasive species and agricultural materials into 

11 the State of Hawaii in accordance with section 

12 10811(c) of the Farm Security and Rural Invest13 ment Act of 2002 (7 U.S.C. 8307(c) note), or article 

14 subject to this title;’’; and 

15 (3) in paragraph (3), by striking ‘‘or article 

16 regulated under that section or is moving subject to 

17 that section;’’ and inserting ‘‘(including high-risk 

18 invasive species and agricultural materials into the 

19 State of Hawaii in accordance with section 10811(c) 

20 of the Farm Security and Rural Investment Act of 

21 2002 (7 U.S.C. 8307(c) note), or article regulated 

22 under that section or is moving subject to that sec23 tion;’’. 


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1 SEC. 4. COLLECTION OF FEES FOR INSPECTION SERVICES. 

2 Section 2509 of the Food, Agricultural, Conservation 

3 and Trade Act of 1990 (21 U.S.C. 136a(a)) is amended— 

4 (1) in subsection (a)(1)(A), by inserting ‘‘in5 cluding the cost of such services provided in connec6 tion with the arrival in Hawaii, with respect to 

7 screening for high-risk invasive species under section 

8 10811 of the Farm Security and Rural Investment 

9 Act of 2002 (7 U.S.C. 8307 note),’’ after ‘‘port in 

10 the customs territory of the United States,’’; and 

11 (2) in subsection (c)(1), by inserting before the 

12 period at the end the following: ‘‘, including with re13 spect to screening conducted in connection with re14 spect to the import, entry, and exportation to or 

15 from Hawaii of high-risk invasive species under sec16 tion 10811 of the Farm Security and Rural Invest17 ment Act of 2002 (7 U.S.C. 8307 note)’’. 

18 SEC. 5. FEES FOR INSPECTION OF PLANTS FOR EXPORTING 

19 OR TRANSITING. 

20 Section 102(f) of the Department of Agriculture Or21 ganic Act of 1944 (7 U.S.C. 7759(f)) is amended by add22 ing at the end the following new paragraph: 

23 ‘‘(3) The Secretary of Agriculture shall pre24 scribe and collect user fees sufficient to cover the 

25 full cost of preclearance quarantine inspections con26 ducted under section 10811 of the Farm Security 


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1 and Rural Investment Act of 2002 (7 U.S.C. 8307 

2 note).’’. 

Æ 


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