Hawaii Invasive Species Protection Act

I 117TH CONGRESS 1ST SESSION H. R. 388 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. IN THE HOUSE OF REPRESENTATIVES JANUARY 21, 2021 Mr. CASE (for himself and Mr. KAHELE) introduced the following bill; which was referred to the Committee on Agriculture A BILL 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Hawaii Invasive Spe- 4 cies Protection Act’’. 5 VerDate Sep 11 2014 20:13 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H388.IH H388 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 388 IH SEC. 2. REQUIRING PRECLEARANCE QUARANTINE INSPEC- 1 TIONS FOR ALL MOVEMENT TO OR FROM THE 2 STATE OF HAWAII. 3 Section 10811 of the Farm Security and Rural In- 4 vestment Act of 2002 (7 U.S.C. 8307 note) is amended 5 to read as follows: 6 ‘‘SEC. 10811. PRECLEARANCE QUARANTINE INSPECTIONS. 7 ‘‘(a) PRECLEARANCE INSPECTIONS REQUIRED.—The 8 Secretary of Agriculture, acting through the Adminis- 9 trator of the Animal and Plant Health Inspection Service, 10 in cooperation with the Secretary of the Interior, the Sec- 11 retary of Homeland Security, the Secretary of Commerce, 12 the Secretary of the Treasury, the government of Hawaii, 13 and each of their respective quarantine, natural resource, 14 conservation, and law enforcement agencies and officers, 15 as appropriate, shall conduct visual, x-ray, and canine 16 preclearance quarantine inspections of persons, baggage, 17 cargo, and any other articles destined for direct movement 18 to or from the State of Hawaii by either domestic or inter- 19 national travel for high-risk invasive species and agricul- 20 tural materials. 21 ‘‘(b) INSPECTION LOCATIONS.—The domestic 22 preclearance quarantine inspections required by sub- 23 section (a) shall be conducted prior to direct travel to or 24 from the State of Hawaii at all— 25 ‘‘(1) departure and interline airports; 26 VerDate Sep 11 2014 20:13 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H388.IH H388 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 388 IH ‘‘(2) ports of departure; and 1 ‘‘(3) destination sectional center facilities of the 2 United States Postal Service. 3 ‘‘(c) INVASIVE SPECIES AND AGRICULTURAL MATE- 4 RIALS.—The Secretary of Agriculture, acting through the 5 Administrator of the Animal and Plant Health Inspection 6 Service and in consultation with the government of Ha- 7 waii, shall develop a list of items subject to inspection for 8 purposes of screening pursuant to subsection (a). 9 ‘‘(d) PUBLICATION IN FEDERAL REGISTER.—Not 10 later than 180 days after the date of the enactment of 11 the Hawaii Invasive Species Protection Act, the Secretary 12 of Agriculture, acting through the Administrator of the 13 Animal and Plant Health Inspection Service and in co- 14 operation with the government of Hawaii, shall publish in 15 the Federal Register the list developed pursuant to sub- 16 section (c). 17 ‘‘(e) SEIZURE AND DISPOSAL.—High-risk invasive 18 species and agricultural material discovered under sub- 19 section (a) may be seized and disposed of in accordance 20 with section 10407.’’. 21 SEC. 3. PRECLEARANCE QUARANTINE INSPECTIONS FOR 22 PLANTS. 23 Section 421(b) of the Plant Protection Act (7 U.S.C. 24 7731(b)) is amended— 25 VerDate Sep 11 2014 20:13 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H388.IH H388 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 388 IH (1) in paragraph (1), by inserting before the 1 semicolon at the end the following: ‘‘(including high- 2 risk invasive species and agricultural materials into 3 the State of Hawaii in accordance with section 4 10811(c) of the Farm Security and Rural Invest- 5 ment Act of 2002 (7 U.S.C. 8307(c) note)’’; 6 (2) in paragraph (2), by inserting before the 7 semicolon at the end the following: ‘‘(including high- 8 risk invasive species and agricultural materials into 9 the State of Hawaii in accordance with section 10 10811(c) of the Farm Security and Rural Invest- 11 ment Act of 2002 (7 U.S.C. 8307(c) note)’’; and 12 (3) in paragraph (3), by inserting before the pe- 13 riod at the end the following: ‘‘(including high-risk 14 invasive species and agricultural materials into the 15 State of Hawaii in accordance with section 10811(c) 16 of the Farm Security and Rural Investment Act of 17 2002 (7 U.S.C. 8307(c) note)’’. 18 SEC. 4. COLLECTION OF FEES FOR INSPECTION SERVICES. 19 Section 2509 of the Food, Agricultural, Conservation 20 and Trade Act of 1990 (21 U.S.C. 136a(a)) is amended— 21 (1) in subsection (a)(1)(A), by inserting ‘‘in- 22 cluding the cost of such services provided in connec- 23 tion with the arrival in Hawaii, with respect to 24 screening for high-risk invasive species under section 25 VerDate Sep 11 2014 20:13 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H388.IH H388 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 388 IH 10811 of the Farm Security and Rural Investment 1 Act of 2002 (7 U.S.C. 8307 note),’’ after ‘‘port in 2 the customs territory of the United States,’’; and 3 (2) in subsection (c)(1), by inserting before the 4 period at the end the following: ‘‘, including with re- 5 spect to screening conducted in connection with re- 6 spect to the import, entry, and exportation to or 7 from Hawaii of high-risk invasive species under sec- 8 tion 10811 of the Farm Security and Rural Invest- 9 ment Act of 2002 (7 U.S.C. 8307 note)’’. 10 SEC. 5. FEES FOR INSPECTION OF PLANTS FOR EXPORTING 11 OR TRANSITING. 12 Section 102(f) of the Department of Agriculture Or- 13 ganic Act of 1944 (7 U.S.C. 7759(f)) is amended by add- 14 ing at the end the following new paragraph: 15 ‘‘(3) The Secretary of Agriculture shall pre- 16 scribe and collect user fees sufficient to cover the 17 full cost of preclearance quarantine inspections con- 18 ducted under section 10811 of the Farm Security 19 and Rural Investment Act of 2002 (7 U.S.C. 8307 20 note).’’. 21 Æ VerDate Sep 11 2014 20:13 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H388.IH H388 pbinns on DSKJLVW7X2PROD with BILLS