I 

110TH CONGRESS 

1ST SESSION H. R. 2629 

To restore import and entry agricultural inspection functions to the 

Department of Agriculture. 

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 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 ‘‘Agricultural Border 

5 Safeguard Protection Act’’. 


bajohnson on PRODPC60 with BILLS
2 

•HR 2629 IH

1 SEC. 2. RESTORATION OF IMPORT AND ENTRY AGRICUL2 TURAL INSPECTION FUNCTIONS TO THE DE3 PARTMENT OF AGRICULTURE. 

4 (a) REPEAL OF TRANSFER OF FUNCTIONS.—Section 

5 421 of the Homeland Security Act of 2002 (6 U.S.C. 231) 

6 is repealed. 

7 (b) CONFORMING AMENDMENT TO FUNCTION OF

8 SECRETARY OF HOMELAND SECURITY.—Section 402 of 

9 the Homeland Security Act of 2002 (6 U.S.C. 202) is 

10 amended— 

11 (1) by striking paragraph (7); and 

12 (2) by redesignating paragraph (8) as para13 graph (7). 

14 (c) TRANSFER AGREEMENT.— 

15 (1) IN GENERAL.—Not later than the effective 

16 date described in subsection (g), the Secretary of 

17 Agriculture and the Secretary of Homeland Security 

18 shall enter into an agreement to effectuate the re19 turn of functions required by the amendments made 

20 by this section. 

21 (2) USE OF CERTAIN EMPLOYEES.—The agree22 ment may include authority for the Secretary of Ag23 riculture to use employees of the Department of 

24 Homeland Security to carry out authorities dele25 gated to the Animal and Plant Health Inspection 


bajohnson on PRODPC60 with BILLS
3 

•HR 2629 IH

1 Service regarding the protection of domestic live2 stock and plants. 

3 (d) RESTORATION OF DEPARTMENT OF AGRI4 CULTURE EMPLOYEES.—Not later than the effective date 

5 described in subsection (g) of this section, all full-time 

6 equivalent positions of the Department of Agriculture 

7 transferred to the Department of Homeland Security 

8 under section 421(g) of the Homeland Security Act of 

9 2002 (6 U.S.C. 231(g)) shall be restored to the Depart10 ment of Agriculture. 

11 (e) AUTHORITY OF ANIMAL AND PLANT HEALTH IN12 SPECTION SERVICE REGARDING INSPECTION USER

13 FEES.—The Administrator of the Animal and Plant 

14 Health Inspection Service may, as applicable— 

15 (1) continue to collect any agricultural quar16 antine inspection user fee; and 

17 (2) administer any reserve account for the fees. 

18 (f) DUTIES OF SECRETARY OF AGRICULTURE.— 

19 (1) IN GENERAL.—The Secretary of Agriculture 

20 (referred to in this subsection as the ‘‘Secretary’’) 

21 shall— 

22 (A) develop standard operating procedures 

23 for inspection, monitoring, and auditing relating 

24 to import and entry agricultural inspections, in 

25 accordance with recommendations from the 


bajohnson on PRODPC60 with BILLS
4 

•HR 2629 IH

1 Comptroller General of the United States and 

2 reports of interagency advisory groups, as appli3 cable; and 

4 (B) ensure that the Animal and Plant 

5 Health Inspection Service has a national elec6 tronic system with real-time tracking capability 

7 for monitoring, tracking, and reporting inspec8 tion activities of the Service. 

9 (2) FEDERAL AND STATE COOPERATION.— 

10 (A) COMMUNICATION SYSTEM.—The Sec11 retary shall develop and maintain an integrated, 

12 real-time communication system with respect to 

13 import and entry agricultural inspections to 

14 alert State departments of agriculture of sig15 nificant inspection findings of the Animal and 

16 Plant Health Inspection Service. 

17 (B) ADVISORY COMMITTEE.— 

18 (i) ESTABLISHMENT.—The Secretary 

19 shall establish a committee, to be known as 

20 the ‘‘International Trade Inspection Advi21 sory Committee’’ (referred to in this sub22 paragraph as the ‘‘committee’’), to advise 

23 the Secretary on policies and other issues 

24 relating to import and entry agricultural 

25 inspection. 


bajohnson on PRODPC60 with BILLS
5 

•HR 2629 IH

1 (ii) MODEL.—In establishing the com2 mittee, the Secretary shall use as a model 

3 the Agricultural Trade Advisory Com4 mittee. 

5 (iii) MEMBERSHIP.—The committee 

6 shall be composed of members rep7 resenting— 

8 (I) State departments of agri9 culture; 

10 (II) directors of ports and air11 ports in the United States; 

12 (III) the transportation industry; 

13 (IV) the public; and 

14 (V) such other entities as the 

15 Secretary determines to be appro16 priate. 

17 (3) REPORT.—Not less frequently than once 

18 each year, the Secretary shall submit to Congress a 

19 report containing an assessment of— 

20 (A) the resource needs for import and 

21 entry agricultural inspection, including the 

22 number of inspectors required; 

23 (B) the adequacy of inspection and moni24 toring procedures and facilities in the United 

25 States; and 


bajohnson on PRODPC60 with BILLS
6 

•HR 2629 IH

1 (C) new and potential technologies and 

2 practices, including recommendations regarding 

3 the technologies and practices, to improve im4 port and entry agricultural inspection. 

5 (4) FUNDING.—The Secretary shall pay the 

6 costs of each import and entry agricultural inspector 

7 employed by the Animal and Plant Health Inspec8 tion Service— 

9 (A) from amounts made available to the 

10 Department of Agriculture for the applicable 

11 fiscal year; or 

12 (B) if amounts described in subparagraph 

13 (A) are unavailable, from amounts of the Com14 modity Credit Cooperation. 

15 (g) EFFECTIVE DATE.—The amendments made by 

16 this section take effect on the date that is 180 days after 

17 the date of enactment of this Act. 

Æ 


bajohnson on PRODPC60 with BILLS