I 
109TH CONGRESS 
1ST SESSION H. R. 4049 
To authorize the Secretary of Agriculture to enter into cooperative agreements 
with State and local governments to augment their efforts to conduct 
early detection and surveillance to prevent the establishment or spread 
of plant pests that endanger agriculture, the environment, and the econ-
omy of the United States. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 7, 2005 
Mr. POMBO (for himself, Mr. COSTA, Mr. CARDOZA, Mr. CASE, Mr. NUNES, 
Mr. BACA, Mr. HERGER, Mr. FARR, Mr. RADANOVICH, Mr. BOYD, and 
Ms. ZOE LOFGREN of California) introduced the following bill; which was 
referred to the Committee on Agriculture 
A BILL 
To authorize the Secretary of Agriculture to enter into coop-
erative agreements with State and local governments to 
augment their efforts 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Early Pest Detection 
and Surveillance Improvement Act’’.
SEC. 2. SUPPORT FOR COMMODITY INSPECTION EFFORTS 
TO PREVENT INTRODUCTION OR SPREAD OF 
PESTS. 
(a) DEFINITIONS.—In this section: 
(1) 
DEPARTMENT
OF
AGRICULTURE.—The 
term ‘‘department of agriculture’’ means an agency 
of a State or political subdivision of a State that has 
a legal responsibility to perform early pest detection 
and surveillance activities. 
(2) EARLY
PEST
DETECTION
AND
SURVEIL-
LANCE.—The term ‘‘early pest detection and surveil-
lance’’ means the full range of activities undertaken 
to find newly introduced pests, whether new to the 
United States or new to certain areas of the United 
States, before the pests become established, or be-
fore pest infestations become too large and costly to 
eradicate or control. 
(3) PEST.—The term ‘‘pest’’ has the meaning 
given the term ‘‘plant pest’’ in section 403(14) of 
the Plant Protection Act (7 U.S.C. 7702(14)). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(5) STATE.—The term ‘‘State’’ means— 
(A) each of the several States; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico;
(D) Guam; 
(E) American Samoa; 
(F) the Commonwealth of the Northern 
Mariana Islands; 
(G) the Federated States of Micronesia; 
(H) the Republic of the Marshall Islands; 
(I) the Republic of Palau; and 
(J) the United States Virgin Islands. 
(b) COOPERATIVE
AGREEMENTS
AUTHORIZED.— 
Subject to the availability of appropriated funds to carry 
out this section, the Secretary of Agriculture may enter 
into a cooperative agreement with a department of agri-
culture for the purpose of assisting early pest detection 
and surveillance efforts by the department of agriculture 
through an array of methods, including survey, pest trap-
ping, sampling or surveillance of domestic shipments, 
specimen collection, and modeling and mapping of pest 
populations. 
(c) APPLICATION.—A department of agriculture seek-
ing to enter into a cooperative agreement under this sec-
tion shall submit an application to the Secretary con-
taining such information as the Secretary may require. 
The Secretary shall notify applicants of the following: 
(1) The requirements to be imposed on a de-
partment of agriculture for auditing of, and report-
ing on, the use of any funds provided by the Sec-
retary under the cooperative agreement. 
(2) The criteria to be used to ensure that early 
pest detection and surveillance activities supported 
under the cooperative agreement are based on 
knowledge, experience, and capabilities. 
(3) The means of identifying pathways of pest 
introductions. 
(4) The methods to be used to determine the 
level of support for proposed early pest detection 
and surveillance activities by private and public in-
terests adversely affected by pests. 
(d) CONSULTATION.—The Secretary will consult with 
the National Plant Board and the National Association 
of State Departments of Agriculture in carrying out this 
section. 
(e) SPECIAL
CONSIDERATIONS.—In determining 
whether to enter into a cooperative agreement with a de-
partment of agriculture under this section, and the 
amount of any funds to be provided under the agreement, 
the Secretary shall consider the following factors: 
(1) The potential economic risk to the people, 
plants, livestock, property, economy, and environ-
ment of the State due to the introduction of a pest.
(2) The likelihood that the early pest detection 
and surveillance activity to be supported will prevent 
the introduction of a pest or facilitate the eradi-
cation of a pest. 
(3) The extent to which the funds provided 
under the agreement will be used to leverage non- 
Federal funds. 
(4) The extent to which departments of agri-
culture in the State are conducting early pest detec-
tion and surveillance activities to prevent the intro-
duction of pests or facilitate the eradication of a 
pest. 
(5) The extent to which the early pest detection 
and surveillance activity would provide a comprehen-
sive approach that would compliment Federal exclu-
sion activities. 
(6) Such other factors as the Secretary deter-
mines to be appropriate. 
(f) USE OF FUNDS.—A department of agriculture 
that receives funds under this section shall use the funds 
to carry out early pest detection and surveillance activities 
to prevent the introduction of a pest or facilitate the eradi-
cation of a pest. These funds are intended to augment the 
funds otherwise available to a department of agriculture
to perform early pest detection and surveillance activities, 
and not to replace such funds. 
(g) COST-SHARING REQUIREMENTS.— 
(1) FEDERAL
COST
SHARE.—Except as pro-
vided in paragraph (3), the Federal share of the cost 
of carrying out an authorized early pest detection 
and surveillance activity under this section shall not 
exceed 50 percent. 
(2) FORM OF NON-FEDERAL COST SHARE.—The 
non-Federal share of the cost of carrying out an au-
thorized early pest detection and surveillance activity 
may be provided in cash or in kind. 
(3) EXCEPTION.—Paragraph (1) shall not 
apply to a early pest detection and surveillance activ-
ity in any case which— 
(A) the Secretary establishes criteria that 
would apply in any situation in which, with re-
spect to an early pest detection and surveillance 
activity, a Federal share of greater than 50 per-
cent is necessary to meet the needs of an under-
served area or to address a critical need that 
cannot be addressed by other means; and 
(B) the activity meets those criteria, as de-
termined by the Secretary.
(h) REPORTING REQUIREMENT.—Not later than 180 
days after the date of completion of an early pest detection 
and surveillance activity conducted by a department of ag-
riculture using funds provided under this section, the de-
partment of agriculture shall submit to the Secretary a 
report that describes the purposes and results of the ac-
tivities. 
(i) RELATIONSHIP TO OTHER PROGRAMS.—Funds 
made available under this section are intended to supple-
ment, and not replace, assistance made available to de-
partments of agriculture under other laws to support early 
pest detection and surveillance activities. 
(j) NO EFFECT ON PILT PAYMENTS.—The receipt 
of a funds by any 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. 
(k) AUTHORIZATION OF APPROPRIATIONS.— There 
are authorized to be appropriated to the Secretary such 
sums as may be necessary for each of the fiscal years 2006 
through 2010 to carry out this section. Not more than 
five percent of the funds made available for a fiscal year 
may be used by the Secretary for administrative costs. 
Æ