Hawaii Invasive Species Protection Act
Bill: H.R.388 | Sponsor: Rep. Case, Ed (D-HI)
Policy area: Agriculture and Food

Summary:
Hawaii Invasive Species Protection Act
This bill directs the Animal and Plant Health Inspection Service (APHIS) to conduct visual, x-ray, and canine preclearance quarantine inspections for high-risk invasive species and agricultural materials on persons, baggage, cargo, and any other articles destined for direct movement to or from the state of Hawaii.
The inspections must be conducted at airports, ports, and postal sorting facilities.
APHIS must also consult with the state of Hawaii to develop and publish a list of items subject to inspection.
User fees must be prescribed and collected to cover the cost of inspections.

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.

    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 ``Hawaii Invasive Species Protection 
Act''.

SEC. 2. REQUIRING PRECLEARANCE QUARANTINE INSPECTIONS FOR ALL MOVEMENT 
              TO OR FROM THE STATE OF HAWAII.

    Section 10811 of the Farm Security and Rural Investment Act of 2002 
(7 U.S.C. 8307 note) is amended to read as follows:

``SEC. 10811. PRECLEARANCE QUARANTINE INSPECTIONS.

    ``(a) Preclearance Inspections Required.--The Secretary of 
Agriculture, acting through the Administrator of the Animal and Plant 
Health Inspection Service, in cooperation with the Secretary of the 
Interior, the Secretary of Homeland Security, the Secretary of 
Commerce, the Secretary of the Treasury, the government of Hawaii, and 
each of their respective quarantine, natural resource, conservation, 
and law enforcement agencies and officers, as appropriate, shall 
conduct visual, x-ray, and canine preclearance quarantine inspections 
of persons, baggage, cargo, and any other articles destined for direct 
movement to or from the State of Hawaii by either domestic or 
international travel for high-risk invasive species and agricultural 
materials.
    ``(b) Inspection Locations.--The domestic preclearance quarantine 
inspections required by subsection (a) shall be conducted prior to 
direct travel to or from the State of Hawaii at all--
            ``(1) departure and interline airports;
            ``(2) ports of departure; and
            ``(3) destination sectional center facilities of the United 
        States Postal Service.
    ``(c) Invasive Species and Agricultural Materials.--The Secretary 
of Agriculture, acting through the Administrator of the Animal and 
Plant Health Inspection Service and in consultation with the government 
of Hawaii, shall develop a list of items subject to inspection for 
purposes of screening pursuant to subsection (a).
    ``(d) Publication in Federal Register.--Not later than 180 days 
after the date of the enactment of the Hawaii Invasive Species 
Protection Act, the Secretary of Agriculture, acting through the 
Administrator of the Animal and Plant Health Inspection Service and in 
cooperation with the government of Hawaii, shall publish in the Federal 
Register the list developed pursuant to subsection (c).
    ``(e) Seizure and Disposal.--High-risk invasive species and 
agricultural material discovered under subsection (a) may be seized and 
disposed of in accordance with section 10407.''.

SEC. 3. PRECLEARANCE QUARANTINE INSPECTIONS FOR PLANTS.

    Section 421(b) of the Plant Protection Act (7 U.S.C. 7731(b)) is 
amended--
            (1) in paragraph (1), by inserting before the semicolon at 
        the end the following: ``(including high-risk invasive species 
        and agricultural materials into the State of Hawaii in 
        accordance with section 10811(c) of the Farm Security and Rural 
        Investment Act of 2002 (7 U.S.C. 8307(c) note)'';
            (2) in paragraph (2), by inserting before the semicolon at 
        the end the following: ``(including high-risk invasive species 
        and agricultural materials into the State of Hawaii in 
        accordance with section 10811(c) of the Farm Security and Rural 
        Investment Act of 2002 (7 U.S.C. 8307(c) note)''; and
            (3) in paragraph (3), by inserting before the period at the 
        end the following: ``(including high-risk invasive species and 
        agricultural materials into the State of Hawaii in accordance 
        with section 10811(c) of the Farm Security and Rural Investment 
        Act of 2002 (7 U.S.C. 8307(c) note)''.

SEC. 4. COLLECTION OF FEES FOR INSPECTION SERVICES.

    Section 2509 of the Food, Agricultural, Conservation and Trade Act 
of 1990 (21 U.S.C. 136a(a)) is amended--
            (1) in subsection (a)(1)(A), by inserting ``including the 
        cost of such services provided in connection with the arrival 
        in Hawaii, with respect to screening for high-risk invasive 
        species under section 10811 of the Farm Security and Rural 
        Investment Act of 2002 (7 U.S.C. 8307 note),'' after ``port in 
        the customs territory of the United States,''; and
            (2) in subsection (c)(1), by inserting before the period at 
        the end the following: ``, including with respect to screening 
        conducted in connection with respect to the import, entry, and 
        exportation to or from Hawaii of high-risk invasive species 
        under section 10811 of the Farm Security and Rural Investment 
        Act of 2002 (7 U.S.C. 8307 note)''.

SEC. 5. FEES FOR INSPECTION OF PLANTS FOR EXPORTING OR TRANSITING.

    Section 102(f) of the Department of Agriculture Organic Act of 1944 
(7 U.S.C. 7759(f)) is amended by adding at the end the following new 
paragraph:
            ``(3) The Secretary of Agriculture shall prescribe and 
        collect user fees sufficient to cover the full cost of 
        preclearance quarantine inspections conducted under section 
        10811 of the Farm Security and Rural Investment Act of 2002 (7 
        U.S.C. 8307 note).''.
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