Page:United States Statutes at Large Volume 122.djvu/2152

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12 2 STA T . 212 9PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 ‘ ‘ (A)DEV E LOPM E NT O F P R O C E DU RE .—TheS e cr e ta r ym ay d e v e lop a proced u re to tra nsi tion to a F ederal esta b lishment any establishment under this section that , on avera g e, consistently employs more than 25 employees. ‘‘( B ) E L IG I B ILIT Y OF CERT A INE S TABLIS H MENTS.— ‘‘(i) I N GENERAL.—A State establishment that employs more than 25 employees but less than 3 5 employees as o f the date of the enactment of this section may be selected as a selected establishment under this subsection. ‘‘(ii) P ROCEDURES.—A State establishment shall be sub j ect to the procedures established under subpara - graph (A) beginning on the date that is 3 years after the effective date described in subsection (i). ‘‘(c) R EIMBURSEMENT OF STATE C OSTS.—The Secretary shall reimburse a State for costs related to the inspection of selected establishments in the State in accordance w ith Federal re q uire- ments in an amount of not less than 60 percent of eligible State costs. ‘‘(d) COORDINATION BET W EEN FEDERAL AND STATE AGENCIES.— ‘‘( 1 ) IN GENERAL.—The Secretary shall designate an employee of the Federal G overnment as State coordinator for each appropriate State agency— ‘‘(A) to provide oversight and enforcement of this sec- tion

and ‘‘(B) to oversee the training and inspection activities of designated personnel of the State agency. ‘‘(2) SUPERVISION.—A State coordinator shall be under the direct supervision of the Secretary. ‘‘(3) DUTIES OF STATE COORDINATOR.— ‘‘(A) IN GENERAL.—A State coordinator shall visit selected establishments with a frequency that is appro- priate to ensure that selected establishments are operating in a manner that is consistent with this Act (including regulations and policies under this Act). ‘‘(B) Q UARTERLY REPORTS.—A State coordinator shall, on a quarterly basis, submit to the Secretary a report that describes the status of each selected establishment that is under the jurisdiction of the State coordinator with respect to the level of compliance of each selected establish- ment with the requirements of this Act. ‘‘(C) IMMEDIATE NOTIFICATION RE Q UIREMENT.—If a State coordinator determines that any selected establish- ment that is under the jurisdiction of the State coordinator is in violation of any requirement of this Act, the State coordinator shall— ‘‘(i) immediately notify the Secretary of the viola- tion; and ‘‘(ii) deselect the selected establishment or suspend inspection at the selected establishment. ‘‘( 4 ) PERFORMANCE EVALUATIONS.—Performance evalua- tions of State coordinators designated under this subsection shall be conducted by the Secretary as part of the Federal agency management control system. ‘‘(e) AUDITS.— ‘‘(1) PERIODIC AUDITS CONDUCTED BY INSPECTOR GENERAL OF THE DEPARTMENT OF AGRICULTURE.— N ot later than 2 years Deadlin e s.