In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bridges to the Cuban People Act of 
2001''.

   TITLE I--FACILITATION OF THE EXPORT OF FOOD AND MEDICINES TO CUBA

SEC. 101. EXEMPTION FROM PROHIBITIONS AND RESTRICTIONS ON TRADE WITH 
              CUBA TO PERMIT THE EXPORT OF FOOD AND MEDICINES TO CUBA.

    (a) In General.--Except as provided in subsection (b), any 
prohibition or restriction in law or regulation on trade or financial 
transactions with Cuba shall not apply with respect to the export of 
any agricultural commodity, farm machinery or equipment, medicine, or 
medical device, or with respect to travel incident to the sale or 
delivery of any agricultural commodity, farm machinery or equipment, 
medicine, or medical device, to Cuba.
    (b) Exceptions.--Subsection (a) does not apply to--
            (1) any prohibition or restriction imposed under the Export 
        Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) or 
        successor statute for goods containing parts or components on 
        which export controls are in effect under that section; or
            (2) any prohibition or restriction imposed under section 
        203 of the International Emergency Economic Powers Act (50 
        U.S.C. 1702) insofar as the prohibition or restriction is 
        exercised to deal with a threat to the national security of the 
        United States by virtue of the technology incorporated in such 
        machinery or equipment.
    (c) Supersedes Existing Law.--Subsection (a) supersedes the Trade 
Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R. 
5426 of the One Hundred Sixth Congress, as enacted into law by section 
1(a) of Public Law 106-387, and as contained in the appendix of that 
Act) or any other provision of law.

SEC. 102. REMOVAL OF CERTAIN PROHIBITIONS ON VESSELS ENTERING UNITED 
              STATES PORTS.

    Section 1706(b) of the Cuban Democracy Act of 1992 (22 U.S.C. 
6005(b); prohibiting certain vessels from entering United States ports) 
shall not apply with respect to vessels that transport to Cuba any item 
the export of which is permitted under section 101 or 404 of this Act.

SEC. 103. STUDY AND REPORT RELATING TO EXPORT PROMOTION AND CREDIT 
              PROGRAMS FOR CUBA.

    (a) Study.--The Secretary of Agriculture shall conduct a study of 
United States agricultural export promotion and credit programs in 
effect as of the date of enactment of this Act to determine how such 
programs may be carried out to promote the consumption of United States 
agricultural commodities in Cuba.
    (b) Report.--Not later than 90 days after the date of enactment of 
this Act, the Secretary of Agriculture shall submit to the Committee on 
Agriculture of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate a report 
containing--
            (1) the results of the study conducted under subsection 
        (a); and
            (2) recommendations for proposed legislation, if any, to 
        improve the ability of the Secretary of Agriculture to utilize 
        United States agricultural export promotion and credit programs 
        with respect to the consumption of United States agricultural 
        commodities in Cuba.

SEC. 104. REPORT TO CONGRESS.

    Not later than 6 months after the date of enactment of this Act, 
the President shall submit to Congress a report that sets forth--
            (1) the extent (expressed in volume and dollar amounts) of 
        sales to Cuba of agricultural commodities, farm machinery and 
        equipment, medicines, and medical devices, since the date of 
        enactment of this Act;
            (2) a description of the types of the goods so exported; 
        and
            (3) whether there has been any indication that any medicine 
        or medical device exported to Cuba since the date of enactment 
        of this Act--
                    (A) has been used for purposes of torture or other 
                human rights abuses;
                    (B) was reexported; or
                    (C) was used in the production of any bio-
                technological product.

SEC. 105. DEFINITIONS.

    In this title:
            (1) Agricultural commodity.--The term ``agricultural 
        commodity''--
                    (A) has the meaning given the term in section 102 
                of the Agricultural Trade Act of 1978 (7 U.S.C. 5602); 
                and
                    (B) includes fertilizer.
            (2) Medical device.--The term ``medical device'' has the 
        meaning given the term ``device'' in section 201 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321).
            (3) Medicine.--The term ``medicine'' has the meaning given 
        the term ``drug'' in section 201 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 7321).

 TITLE II--EASING OF RESTRICTIONS ON TRAVEL BY UNITED STATES NATIONALS 
                                TO CUBA

SEC. 201. TRAVEL TO CUBA.

    (a) In General.--
            (1) Freedom of travel for united states nationals and 
        lawful permanent resident aliens.--
                    (A) In general.--Subject to subsection (b), the 
                President shall not regulate or prohibit, directly or 
                indirectly--
                            (i) travel to, from, or within Cuba by 
                        nationals of the United States or aliens 
                        lawfully admitted for permanent residence in 
                        the United States; or
                            (ii) any of the transactions incident to 
                        such travel that are set forth in paragraph 
                        (2).
                    (B) Supersedes existing law.--Subparagraph (A) 
                supersedes any other provision of law.
            (2) Transactions incident to travel.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the transactions referred to in paragraph (1) 
                are--
                            (i) any transaction ordinarily incident to 
                        travel to or from Cuba, including the 
                        importation into Cuba or the United States of 
                        accompanied baggage for personal use only;
                            (ii) any transaction ordinarily incident to 
                        travel or maintenance within Cuba, including 
                        the payment of living expenses and the 
                        acquisition of goods or services for personal 
                        use;
                            (iii) any transaction ordinarily incident 
                        to the arrangement, promotion, or facilitation 
                        of travel to, from, or within Cuba;
                            (iv) any transaction incident to 
                        nonscheduled air, sea, or land voyages, except 
                        that this clause does not authorize the 
                        carriage of articles into Cuba or the United 
                        States except accompanied baggage; and
                            (v) any normal banking transaction incident 
                        to any activity described in any of the 
                        preceding clauses, including the issuance, 
                        clearing, processing, or payment of checks, 
                        drafts, travelers checks, credit or debit card 
                        instruments, or similar instruments.
                    (B) Exclusion of certain goods for personal 
                consumption.--The transactions described in 
                subparagraph (A) do not include the importation into 
                the United States of goods for personal consumption 
                acquired in Cuba in excess of the amount established by 
                the Secretary of the Treasury pursuant to section 321 
                of the Tariff Act of 1930 (19 U.S.C. 1321) or otherwise 
                authorized by law.
    (b) Exceptions.--The prohibition contained in subsection (a)(1) 
does not apply in a case in which--
            (1) the United States is at war with Cuba;
            (2) armed hostilities between the two countries are in 
        progress or imminent; or
            (3) there is a credible threat to the public health or the 
        physical safety of nationals of the United States who are 
        traveling to, from, or within Cuba.
    (c) Applicability.--This section applies to actions taken by the 
President before the date of enactment of this Act that are in effect 
on such date, and to actions taken on or after such date.
    (d) Repeals.--There are repealed the following provisions of law:
            (1) Section 102(h) of Public Law 104-114 (22 U.S.C. 
        6032(h)).
            (2) Section 910 of the Trade Sanctions Reform and Export 
        Enhancement Act of 2000 (title IX of H.R. 5426 of the One 
        Hundred Sixth Congress, as enacted into law by section 1(a) of 
        Public Law 106-387, and as contained in the appendix of that 
        Act).
    (e) Definitions.--In this section:
            (1) Lawfully admitted for permanent residence.--The term 
        ``lawfully admitted for permanent residence'' has the meaning 
        given the term in section 101(a)(20) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(20)).
            (2) National of the united states.--The term ``national of 
        the United States'' has the meaning given the term in section 
        101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(22)).

          TITLE III--SCHOLARSHIPS FOR CERTAIN CUBAN NATIONALS

SEC. 301. SCHOLARSHIPS FOR GRADUATE STUDY.

    (a) Authority.--
            (1) In general.--The President is authorized to provide 
        scholarships under section 102 of the Mutual Educational and 
        Cultural Exchange Act of 1961 (22 U.S.C. 2452) for nationals of 
        Cuba who seek to undertake graduate study in public health, 
        public policy, economics, law, or other field of social 
        science. In awarding scholarships under this paragraph, the 
        President shall give preference to individuals not employed by 
        the Cuban government or actively participating in the communist 
        party.
            (2) Superseding existing law.--The authority of paragraph 
        (1) shall be exercised without regard to any other provision of 
        law.
    (b) Allocation of Funds.--Of the amounts authorized to be 
appropriated to carry out the Mutual Educational and Cultural Exchange 
Act of 1961 (22 U.S.C. 2451 et seq.) for fiscal years 2002 through 
2006, the following amounts are authorized to be available to carry out 
subsection (a):
            (1) For fiscal year 2002, $1,400,000 for not to exceed 20 
        scholarships.
            (2) For fiscal year 2003, $1,750,000 for not to exceed 25 
        scholarships.
            (3) For fiscal year 2004, $2,450,000 for not to exceed 35 
        scholarships.
            (4) For fiscal year 2005, $2,450,000 for not to exceed 35 
        scholarships.
            (5) For fiscal year 2006, $2,450,000 for not to exceed 35 
        scholarships.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. WAIVER AUTHORITY WITH RESPECT TO THE PUBLIC LAW 104-114.

    (a) Waiver of Sanctions and Restrictions on Assistance.--
Notwithstanding any other provision of law, the President may waive any 
provision of title I or title II of Public Law 104-114 (22 U.S.C. 6021 
et seq.) if the President determines that to do so will promote the 
peaceful transition to democracy in Cuba.
    (b) Waiver of Grounds of Inadmissibility of Certain Aliens.--
Notwithstanding any other provision of law or regulation, the President 
may waive provisions of title IV of Public Law 104-114 (22 U.S.C. 6021 
et seq.; relating to the inadmissibility of certain aliens) if the 
President determines that to do so will further the national economic 
interest of the United States.

SEC. 402. PROHIBITION ON LIMITING ANNUAL REMITTANCES.

    (a) In General.--Except as provided in subsection (b), the 
Secretary of the Treasury may not limit the amount of remittances to 
Cuba that may be made by any person who is subject to the jurisdiction 
of the United States, and the Secretary shall rescind all regulations 
in effect on the date of enactment of this Act that so limit the amount 
of those remittances.
    (b) Statutory Construction.--Nothing in subsection (a) may be 
construed to prohibit the prosecution or conviction of any person 
committing an offense described in section 1956 of title 18, United 
States Code (relating to the laundering of monetary instruments) or 
section 1957 of such title (relating to engaging in monetary 
transactions in property derived from specific unlawful activity).

SEC. 403. IMPORTATION OF DRUGS AND DEVICES.

    Any prohibition or restriction in law (including a regulation) on 
trade or financial transactions with Cuba shall not apply with respect 
to--
            (1) a new drug for which an application for investigation 
        under section 505(i) of the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 355(i)) has been submitted to the Secretary of 
        Health and Human Services;
            (2) a biological product for which an application for 
        investigation under section 351(a)(3) of the Public Health 
        Service Act (42 U.S.C. 262(a)(3)) has been submitted to the 
        Secretary of Health and Human Services;
            (3) a device for which an application for investigation 
        under section 520(g) of the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 360j(g)) has been submitted to the Secretary of 
        Health and Human Services;
            (4) a drug that is the subject of an approved application 
        under section 505 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 355);
            (5) a biological product that is the subject of an approved 
        license under section 351 of the Public Health Service Act (42 
        U.S.C. 262); or
            (6) a device that--
                    (A) is cleared for marketing under section 510(k) 
                of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                360(k));
                    (B) is the subject of an approved application for 
                premarket approval under section 515 of the Federal 
                Food, Drug, and Cosmetic Act (21 U.S.C. 360e); or
                    (C) is exempted from premarket clearance under 
                subsection (l) or (m) of section 510 of the Federal 
                Food, Drug, and Cosmetic Act (21 U.S.C. 360).

SEC. 404. PROHIBITION ON UNILATERAL SANCTIONS ON GOODS OR SERVICES 
              INTENDED FOR EXCLUSIVE USE OF CHILDREN.

    Funds made available under any provision of law may not be used to 
administer or enforce any sanction by the United States on exports of 
goods or services intended for the exclusive use of children (other 
than a sanction imposed pursuant to an agreement with one or more other 
countries).
[A]: Bridges to the Cuban People Act of 2001 - Exempts from the embargo on trade with Cuba (including prohibitions under the Cuban Democracy Act of 1992 against the unloading at a U.S. port of vessels that previously entered a Cuban port to engage in trade) the export of any agricultural commodity, farm machinery or equipment, medicine, or medical device, or any travel incident to the delivery of such items.Prohibits the President from prohibiting or regulating travel to or from or within Cuba by U.S. nationals or lawful resident aliens, including specified transactions ordinarily incident to such travel, financial or otherwise.Authorizes the President to provide scholarships for Cuban nationals who seek to undertake graduate study in public health, public policy, economics, law, or other field of social science.Authorizes the President to waive certain sanctions against, and restrictions on assistance to, Cuba, including the exclusion from the United States of certain aliens who have confiscated property in Cuba of U.S. nationals or who traffics in such property, if he determines that it will promote the peaceful transition to democracy in Cuba or will further U.S. national economic interests.Prohibits the Secretary of the Treasury from limiting the amount of remittances to Cuba that any U.S. person may make.Exempts from prohibitions or restrictions on trade with Cuba the import of certain drugs, biological products, and medical devices into the United States.Prohibits the use of funds to enforce unilateral sanctions on the export of goods and services intended for the exclusive use of children in Cuba.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Space Tourism Promotion Act of 
2001''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) humans have long had a yearning to travel in space and 
        experience conditions beyond Earth's atmosphere;
            (2) forty years of human space flight experience have 
        demonstrated the feasibility of safe travel to and from space 
        as well as the ability of humans to live and work in space;
            (3) the Nation's human space flight program has developed 
        technologies and operational procedures that the private sector 
        could make use of to enable American citizens to experience 
        space travel;
            (4) space tourism has the potential to become a significant 
        industry and a powerful stimulus for advances in space 
        transportation;
            (5) the Federal Government could play an important role in 
        stimulating the development of space tourism by means of 
        guaranteed loans, tax credits, expeditious establishment of a 
        straightforward and predictable regulatory structure, and 
        research and development in technologies that may enable the 
        private sector to develop operational passenger-carrying space 
        transportation systems and on-orbit habitations;
            (6) as the agency of the Federal Government primarily 
        responsible for the development of America's commercial sector, 
        the Department of Commerce, and in particular its Office of 
        Space Commercialization, should have the lead role in 
        encouraging the growth of space tourism;
            (7) as the agency of the Federal Government currently 
        responsible for regulating America's commercial space 
        transportation industry, the Federal Aviation Administration, 
        and in particular its Office of Commercial Space 
        Transportation, should have the lead role in establishing the 
        regulatory structure necessary to ensure the safety of United 
        States space tourism;
            (8) as the agency of the Federal Government responsible for 
        carrying out the major share of the Nation's civil space 
        activities, the National Aeronautics and Space Administration 
        should continue its traditional role of conducting research and 
        development related to new space technologies and systems and 
        facilitating their transfer to the private sector;
            (9) it is an appropriate role for the Federal Government to 
        undertake measures to encourage the development of space 
        tourism in the United States; and
            (10) at the same time, it is an inappropriate role and a 
        misallocation of taxpayer-provided resources for the Federal 
        Government to compete with the private sector in the provision 
        of transportation vehicles or facilities for space tourism.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) terms that are defined in the Federal Credit Reform Act 
        of 1990 have the meaning given those terms in that Act; and
            (2) the term ``space tourism'' means travel to, from, or 
        within outer space, or to the surface of a body in space other 
        than Earth, or habitation in outer space, for the purpose of 
        recreation.

SEC. 4. LOAN GUARANTEES.

    (a) Authority.--
            (1) In general.--The Secretary of Commerce may guarantee up 
        to 85 percent of the value of loans for the purpose of 
        developing transportation systems, habitation facilities, or 
        other infrastructure required for space tourism.
            (2) Limitation.--The maximum aggregate amount of loan 
        commitments that may be guaranteed under this section by the 
        Secretary of Commerce at any one time shall be $2,000,000,000.
            (3) Administrative fee.--The Secretary of Commerce is 
        authorized to collect from any borrower, and to the extent 
        provided for in advance in appropriations Acts to use, an 
        amount not to exceed 0.5 percent of the amount borrowed, for 
        covering the administrative expenses and other annual costs to 
        the Department of Commerce of the loan guarantee.
    (b) Terms and Conditions.--A loan guaranteed under this section 
shall be on such terms and conditions as the Secretary of Commerce may 
prescribe.
    (c) Term of Loans.--Loans guaranteed under this section shall be 
for a term of not to exceed 20 years, or 100 percent of the useful life 
of the substantial portion of the physical assets to be financed by the 
loans, whichever is shorter, as determined by the Secretary of 
Commerce.
    (d) Lien on Interests in Assets.--Upon providing a loan guarantee 
to a borrower under this section, the Secretary of Commerce shall have 
liens which shall be superior to all other liens on assets of the 
borrower equal to 85 percent of the unpaid balance of the loan subject 
to the guarantee.
    (e) Protection.--No loan shall be guaranteed under this section 
unless the Secretary of Commerce determines that the borrower is 
responsible and that adequate provision is made for servicing the loan 
on reasonable terms and for protecting the interests of the United 
States.
    (f) Validity.--A loan guarantee under this section shall be 
conclusive evidence that such guarantee has been properly obtained, and 
that the underlying loan qualifies for such guarantee. In an action for 
fraud or material misrepresentation by the holder of a loan guaranteed 
under this section, such guarantee shall be presumed to be valid, 
legal, and enforceable.
    (g) Forbearance.--The Secretary of Commerce may approve an 
agreement, between the parties to a loan guaranteed under this section, 
that provides for forbearance for the benefit of the borrower if the 
forbearance will result in no cost to the Federal Government.
    (h) Administration and Oversight Responsibility.--The Office of 
Space Commercialization shall be responsible for the administration and 
oversight of this section on behalf of the Department of Commerce.

SEC. 5. CAPITAL GAINS EXCLUSION.

    (a) In General.--Part I of subchapter P of chapter 1 of the 
Internal Revenue Code of 1986 (relating to items specifically excluded 
from gross income) is amended by adding at the end the following new 
section:

``SEC. 1203. EXCLUSION OF GAINS FOR QUALIFIED SPACE TOURISM 
              CORPORATIONS.

    ``(a) In General.--Gross income shall not include gain on the sale 
or exchange of any stock of a qualified space tourism corporation held 
for more than one year.
    ``(b) Qualified Space Tourism Corporation.--For purposes of 
subsection (a), the term `qualified space tourism corporation' means, 
with respect to any taxable year, a domestic corporation which is a C 
corporation if--
            ``(1) such corporation is organized exclusively for 
        providing to unrelated persons any service of space tourism (as 
        defined in section 3 of the Space Tourism Promotion Act of 
        2001), and
            ``(2) such corporation derives at least 75 percent of its 
        gross receipts from the active conduct of a trade or business 
        of providing a service described in paragraph (1).
    ``(c) Certain Purchases by Corporations of Its Own Stock.--For 
purposes of this section, rules similar to the rules of section 
1202(c)(3) shall apply.
    ``(d) Related Person.--Persons shall be treated as related to each 
other if such persons would be treated as a single employer under the 
regulations prescribed under section 52(b). In the case of a 
corporation which is a member of an affiliated group of corporations 
filing a consolidated return, such corporation shall be treated as 
providing services related to space tourism to an unrelated person if 
such services are provided to such a person by another member of such 
group.
    ``(e) Termination.--This section shall not apply to sales or 
exchanges after December 31, 2011.''.
    (b) Clerical Amendment.--The table of sections for part I of 
subchapter P of such Code is amended by adding at the end the following 
new item:

                              ``Sec. 1203. Exclusion of gains for 
                                        qualified space tourism 
                                        corporations.''
    (c) Effective Date.--The amendments made by this section shall 
apply to sales and exchanges in taxable years beginning after December 
31, 2001.

SEC. 6. ESTABLISHMENT OF REGULATORY STANDARDS.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary of Transportation shall issue 
regulations to govern--
            (1) activities necessary to ensure the safe operation of 
        passenger-carrying launch and reentry vehicles and spacecraft 
        for space tourism, to the extent to which regulatory procedures 
        have not previously been established by law; and
            (2) activities related to the provision of and safe 
        operation of habitable facilities in outer space for space 
        tourism purposes.
    (b) Orbital Debris Avoidance.--Not later than 2 years after the 
date of the enactment of this Act, the Secretary of Transportation 
shall issue regulations to prevent, to the extent practicable, the 
growth of orbital debris resulting from activities associated with 
space tourism.
    (c) Legal Regime.--Activities taking place on space tourism 
habitation facilities and passenger-carrying launch and reentry 
vehicles and spacecraft for space tourism licensed or otherwise 
regulated by the Secretary of Transportation shall be governed by the 
laws of the United States.

SEC. 7. USE OF FEDERAL FACILITIES.

    (a) Prohibition Against Certain Uses of Federal Facilities.--
            (1) In general.--Launch, reentry, and space travel vehicles 
        owned by the Federal Government shall not be used for the 
        transport of any individuals other than those engaged in or 
        supporting the conduct of official business of the United 
        States or the conduct of scientific or engineering research and 
        development, except in emergency situations.
            (2) International space station.--The United States portion 
        of the International Space Station shall not be visited or 
        occupied by any individuals other than those engaged in or 
        supporting the conduct of official business of the United 
        States or the conduct of scientific or engineering research and 
        development, and those authorized by relevant international 
        agreements, except in emergency situations.
    (b) Use of Other Federal Facilities.--The use of other Federal 
facilities and infrastructure, such as launch ranges and data relay 
satellites, shall be made available to commercial entities engaged in 
space tourism on a cost-reimbursable basis to the extent that excess 
capacity exists at the time the commercial entity requests the use of 
such facilities and infrastructure.
[A]: Space Tourism Promotion Act of 2001 - Authorizes the Secretary of Commerce to guarantee up to 85 percent of the value of loans for developing transportation systems, habitation facilities, or other infrastructure required for space tourism.Amends the Internal Revenue Code of 1986 to exclude from gross income gain on the sale or exchange of any stock of a qualified space tourism corporation held for more than a year.Requires the Secretary of Transportation to issue regulations to: (1) govern activities necessary to ensure the safe operation of passenger-carrying launch and reentry vehicles and spacecraft for space tourism and activities related to the provision and safe operation of habitable facilities in outer space for space tourism; and (2) prevent the growth of orbital debris resulting from activities associated with space tourism.Prohibits: (1) the use of launch, reentry, and space travel vehicles owned by the Government for the transport of any individuals other than those engaged in or supporting the conduct of official business or scientific or engineering research and development (R&D), except in emergencies; and (2) the U.S. portion of the International Space Station from being visited or occupied by any individuals other than those engaged in or supporting the conduct of such business or R&D and those authorized by relevant international agreements, except in emergencies.Requires the use of other Federal facilities and infrastructure, such as launch ranges and data relay satellites, to be made available to commercial entities engaged in space tourism on a cost-reimbursable basis to the extent that excess capacity exists.


[Q]: 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 that has a legal 
        responsibility to perform early pest detection and surveillance 
        activities.
            (2) Early pest detection and surveillance.--The term 
        ``early pest detection and surveillance'' 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 before 
        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.--The Secretary of 
Agriculture shall enter into a cooperative agreement with each 
department of agriculture that agrees to conduct early pest detection 
surveillance activities in accordance with guidelines established under 
the Cooperative Agricultural Pest Survey. The pest detection 
surveillance activities of the department of agriculture of a State may 
include inspection and surveillance of domestic plant shipments between 
that State and other States.
    (c) Application.--A department of agriculture seeking to enter into 
a cooperative agreement under this section shall submit an application 
to the Secretary containing such information as the Secretary may 
require. The Secretary shall notify applicants of the following:
            (1) The requirements to be imposed on a department of 
        agriculture for auditing of, and reporting on, the use of any 
        funds provided by the Secretary 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 interests 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) Base Funds Under Agreements.--Subject to the availability of 
appropriated funds to carry out this section, each State department of 
agriculture with which the Secretary enters into a cooperative 
agreement under this section shall receive a base level of funding of 
$250,000 for each of fiscal years 2008 through 2012. If the funds 
available for a fiscal year are insufficient to provide the full amount 
specified in this subsection, the Secretary shall reduce the amount 
provided to each State as necessary so that each State receives an 
equal amount of the available funds.
    (f) Additional Funds; Special Considerations.--After the 
application of subsection (e), the Secretary shall distribute the 
remainder of the funds appropriated to carry out this section, if any, 
to departments of agriculture of States that are recognized as high-
risk sentinel States for one or more pest, based on the following 
factors:
            (1) The number of international airports and maritime 
        facilities in the State.
            (2) The volume of international passenger and cargo entry 
        into the State.
            (3) The geographic location of the State, such that its 
        location would be conducive to agricultural pest and disease 
        establishment due to both the State's climate and its crop 
        diversity.
            (4) The State has received an emergency declaration, as 
        authorized by section 442 of the Plant Protection Act (7 U.S.C. 
        7772), due to an agricultural pest or disease of Federal 
        concern.
            (5) Such other factors as the Secretary determines to be 
        appropriate.
    (g) Use of Funds.--
            (1) Pest detection and surveillance activities.--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 eradication of a pest.
            (2) Subagreements.--Nothing in this section is intended to 
        prevent the department of agriculture of a State from using 
        funds received under subsection (e) or (f) to enter into 
        subagreements with political subdivisions in the State that 
        have legal responsibilities relating to agricultural pest and 
        disease surveillance.
            (3) Treatment of funds.--Funds provided under subsection 
        (e) or (f) are intended for implementation purposes, and it is 
        expected that administrative or overhead costs will be limited 
        in a manner to achieve this purpose.
            (4) Relationship to other funds and programs.--Funds 
        provided under subsection (e) or (f) 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.
    (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 agriculture using funds provided under 
this section, the department of agriculture shall submit to the 
Secretary a report that describes the purposes and results of the 
activities.
    (i) No Effect on PILT Payments.--The receipt of funds by the 
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.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary for each of 
the fiscal years 2008 through 2012 to carry out this section. Not more 
than five percent of the funds appropriated pursuant to this 
authorization of appropriations for a fiscal year may be used by the 
Secretary for administrative costs.
[A]:
Early Pest Detection and Surveillance Improvement Act - Authorizes the Secretary of Agriculture to enter into a cooperative agreement with any state department of agriculture that agrees to conduct early plant pest detection surveillance activities, including inspection and surveillance of domestic plant shipments between a state and other states.