Hawaii Invasive Species Protection Act

I 116TH CONGRESS 1ST SESSION H. R. 5506 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 DECEMBER 19, 2019 Mr. CASE (for himself and Ms. GABBARD) 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 20:14 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5506.IH H5506 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5506 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 20:14 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5506.IH H5506 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5506 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, shall in consultation with the government of Ha- 7 waii, develop a list of items subect to inspection for pur- 8 poses 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, in coopera- 14 tion with the government of Hawaii, shall publish in the 15 Federal Register the list developed pursuant to subsection 16 (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 (7 U.S.C. 8306).’’. 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 20:14 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5506.IH H5506 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5506 IH (1) in paragraph (1), by striking ‘‘or article 1 subject to this title;’’ and inserting ‘‘(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), or article 6 subject to this title;’’; 7 (2) in paragraph (2), by striking ‘‘or article 8 subject to this title;’’ and inserting ‘‘(including high- 9 risk invasive species and agricultural materials into 10 the State of Hawaii in accordance with section 11 10811(c) of the Farm Security and Rural Invest- 12 ment Act of 2002 (7 U.S.C. 8307(c) note), or article 13 subject to this title;’’; and 14 (3) in paragraph (3), by striking ‘‘or article 15 regulated under that section or is moving subject to 16 that section;’’ and inserting ‘‘(including high-risk 17 invasive species and agricultural materials into the 18 State of Hawaii in accordance with section 10811(c) 19 of the Farm Security and Rural Investment Act of 20 2002 (7 U.S.C. 8307(c) note), or article regulated 21 under that section or is moving subject to that sec- 22 tion;’’. 23 VerDate Sep 11 2014 20:14 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5506.IH H5506 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5506 IH SEC. 4. COLLECTION OF FEES FOR INSPECTION SERVICES. 1 Section 2509 of the Food, Agricultural, Conservation 2 and Trade Act of 1990 (21 U.S.C. 136a(a)) is amended— 3 (1) in subsection (a)(1)(A), by inserting ‘‘in- 4 cluding the cost of such services provided in connec- 5 tion with the arrival in Hawaii, with respect to 6 screening for high-risk invasive species under section 7 10811 of the Farm Security and Rural Investment 8 Act of 2002 (7 U.S.C. 8307 note),’’ after ‘‘port in 9 the customs territory of the United States,’’; and 10 (2) in subsection (c)(1), by inserting before the 11 period at the end the following: ‘‘, including with re- 12 spect to screening conducted in connection with re- 13 spect to the import, entry, and exportation to or 14 from Hawaii of high-risk invasive species under sec- 15 tion 10811 of the Farm Security and Rural Invest- 16 ment Act of 2002 (7 U.S.C. 8307 note)’’. 17 SEC. 5. FEES FOR INSPECTION OF PLANTS FOR EXPORTING 18 OR TRANSITING. 19 Section 102(f) of the Department of Agriculture Or- 20 ganic Act of 1944 (7 U.S.C. 7759(f)) is amended by add- 21 ing at the end the following new paragraph: 22 ‘‘(3) The Secretary of Agriculture shall pre- 23 scribe and collect user fees sufficient to cover the 24 full cost of preclearance quarantine inspections con- 25 ducted under section 10811 of the Farm Security 26 VerDate Sep 11 2014 20:14 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5506.IH H5506 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 5506 IH and Rural Investment Act of 2002 (7 U.S.C. 8307 1 note).’’. 2 Æ VerDate Sep 11 2014 20:14 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H5506.IH H5506 pamtmann on DSKBC07HB2PROD with BILLS