II 

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. 

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

3 SECTION 1. RESTORATION OF IMPORT AND ENTRY AGRI4 CULTURAL INSPECTION FUNCTIONS TO THE 

5 DEPARTMENT OF AGRICULTURE. 

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

7 421 of the Homeland Security Act of 2002 (6 U.S.C. 231) 

8 is repealed. 

9 (b) CONFORMING AMENDMENT TO FUNCTION OF

10 SECRETARY OF HOMELAND SECURITY.—Section 402 of 


jcorcoran on PROD1PC62 with BILLS
2 

•S 887 IS

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

2 amended— 

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

4 (2) by redesignating paragraph (8) as para5 graph (7). 

6 (c) TRANSFER AGREEMENT.— 

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

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

9 Agriculture and the Secretary of Homeland Security 

10 shall enter into an agreement to effectuate the re11 turn of functions required by the amendments made 

12 by this section. 

13 (2) USE OF CERTAIN EMPLOYEES.—The agree14 ment may include authority for the Secretary of Ag15 riculture to use employees of the Department of 

16 Homeland Security to carry out authorities dele17 gated to the Animal and Plant Health Inspection 

18 Service regarding the protection of domestic live19 stock and plants. 

20 (d) RESTORATION OF DEPARTMENT OF AGRI21 CULTURE EMPLOYEES.—Not later than the effective date 

22 described in subsection (e), all full-time equivalent posi23 tions of the Department of Agriculture transferred to the 

24 Department of Homeland Security under section 421(g) 

25 of the Homeland Security Act of 2002 (6 U.S.C. 231(g)) 


jcorcoran on PROD1PC62 with BILLS
3 

•S 887 IS

1 (as in effect on the day before the effective date described 

2 in subsection (g)) shall be restored to the Department of 

3 Agriculture. 

4 (e) AUTHORITY OF APHIS.— 

5 (1) ESTABLISHMENT OF PROGRAM.—The Sec6 retary of Agriculture shall establish within the Ani7 mal and Plant Health Inspection Service a program, 

8 to be known as the ‘‘International Agricultural In9 spection Program’’, under which the Administrator 

10 of the Animal and Plant Health Inspection Service 

11 (referred to in this subsection as the ‘‘Adminis12 trator’’) shall carry out import and entry agricul13 tural inspections. 

14 (2) INFORMATION GATHERING AND INSPEC15 TIONS.—In carrying out the program under para16 graph (1), the Administrator shall have full access 

17 to— 

18 (A) each secure area of any terminal for 

19 screening passengers or cargo under the control 

20 of the Department of Homeland Security on the 

21 day before the date of enactment of this Act for 

22 purposes of carrying out inspections and gath23 ering information; and 

24 (B) each database (including any database 

25 relating to cargo manifests or employee and 


jcorcoran on PROD1PC62 with BILLS
4 

•S 887 IS

1 business records) under the control of the De2 partment of Homeland Security on the day be3 fore the date of enactment of this Act for pur4 poses of gathering information. 

5 (3) INSPECTION ALERTS.—The Administrator 

6 may issue inspection alerts, including by indicating 

7 cargo to be held for immediate inspection. 

8 (4) INSPECTION USER FEES.—The Adminis9 trator may, as applicable— 

10 (A) continue to collect any agricultural 

11 quarantine inspection user fee; and 

12 (B) administer any reserve account for the 

13 fees. 

14 (5) CAREER TRACK PROGRAM.— 

15 (A) IN GENERAL.—The Administrator 

16 shall establish a program, to be known as the 

17 ‘‘import and entry agriculture inspector career 

18 track program’’, to support the development of 

19 long-term career professionals with expertise in 

20 import and entry agriculture inspection. 

21 (B) STRATEGIC PLAN AND TRAINING.—In 

22 carrying out the program under this paragraph, 

23 the Administrator, in coordination with the Sec24 retary of Agriculture, shall— 


jcorcoran on PROD1PC62 with BILLS
5 

•S 887 IS

1 (i) develop a strategic plan to incor2 porate import and entry agricultural in3 spectors into the infrastructure protecting 

4 food, fiber, forests, bioenergy, and the en5 vironment of the United States from ani6 mal and plant pests, diseases, and noxious 

7 weeds; and 

8 (ii) as part of the plan under clause 

9 (i), provide training for import and entry 

10 agricultural inspectors participating in the 

11 program not less frequently than once each 

12 year to improve inspection skills. 

13 (f) DUTIES OF SECRETARY.— 

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

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

16 shall— 

17 (A) develop standard operating procedures 

18 for inspection, monitoring, and auditing relating 

19 to import and entry agricultural inspections, in 

20 accordance with recommendations from the 

21 Comptroller General of the United States and 

22 reports of interagency advisory groups, as appli23 cable; and 

24 (B) ensure that the Animal and Plant 

25 Health Inspection Service has a national elecVerDate Aug 31 2005 04:32 Mar 15, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S887.IS S887

jcorcoran on PROD1PC62 with BILLS
6 

•S 887 IS

1 tronic system with real-time tracking capability 

2 for monitoring, tracking, and reporting inspec3 tion activities of the Service. 

4 (2) FEDERAL AND STATE COOPERATION.— 

5 (A) COMMUNICATION SYSTEM.—The Sec6 retary shall develop and maintain an integrated, 

7 real-time communication system with respect to 

8 import and entry agricultural inspections to 

9 alert State departments of agriculture of sig10 nificant inspection findings of the Animal and 

11 Plant Health Inspection Service. 

12 (B) ADVISORY COMMITTEE.— 

13 (i) ESTABLISHMENT.—The Secretary 

14 shall establish a committee, to be known as 

15 the ‘‘International Trade Inspection Advi16 sory Committee’’ (referred to in this sub17 paragraph as the ‘‘committee’’), to advise 

18 the Secretary on policies and other issues 

19 relating to import and entry agricultural 

20 inspection. 

21 (ii) MODEL.—In establishing the com22 mittee, the Secretary shall use as a model 

23 the Agricultural Trade Advisory Com24 mittee. 


jcorcoran on PROD1PC62 with BILLS
7 

•S 887 IS

1 (iii) MEMBERSHIP.—The committee 

2 shall be composed of members rep3 resenting— 

4 (I) State departments of agri5 culture; 

6 (II) directors of ports and air7 ports in the United States; 

8 (III) the transportation industry; 

9 (IV) the public; and 

10 (V) such other entities as the 

11 Secretary determines to be appro12 priate. 

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

14 each year, the Secretary shall submit to Congress a 

15 report containing an assessment of— 

16 (A) the resource needs for import and 

17 entry agricultural inspection, including the 

18 number of inspectors required; 

19 (B) the adequacy of— 

20 (i) inspection and monitoring proce21 dures and facilities in the United States; 

22 and 

23 (ii) the strategic plan developed under 

24 subsection (e)(5)(B)(i); and 


jcorcoran on PROD1PC62 with BILLS
8 

•S 887 IS

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 Corporation. 

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 


jcorcoran on PROD1PC62 with BILLS