Friday, June 27, 2008

How Legislation Is (Not) Implemented

From a press conference at USDA, this exchange:

REPORTER: Thank you. Just quickly, I wanted to ask about the Lacy Act Amendments. Is USDA implementing the expansion of the Lacy Act for illegally taken plants? Or is that strictly a CBP function?

SEC. SCHAFER: Can you translate that into real language?

REPORTER: Sure. The expansion of the Lacy Act that essentially requires documentation to avoid any illegally logged tropical lumber, among other plants.

SEC. SCHAFER: And what was the other? You used an acronym.

REPORTER: Oh, the Customs and Border Protection. I wasn't sure given that APHIS inspectors had gone over there whether it's USDA that has to implement that part of the farm bill.

SEC. SCHAFER: I don't even know. Can't tell you. And you're drawing blanks from our expert team here, so you've stumped the panel.


What this mean is USDA is not likely to implement the provision. Customs may, assuming the reporter is poorly informed and it clearly fits within Customs jurisdiction. But if there's a genuine question, neither bureaucracy has an incentive to pick up the ball. If the Congressional sponsor doesn't push it, it may fall through the cracks.

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