[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1673 Reported in Senate (RS)]

                                                       Calendar No. 553
112th CONGRESS
  2d Session
                                S. 1673

                          [Report No. 112-240]

To establish the Office of Agriculture Inspection within the Department 
     of Homeland Security, which shall be headed by the Assistant 
    Commissioner for Agriculture Inspection, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2011

   Mr. Akaka (for himself, Mrs. Feinstein, Mrs. Gillibrand, and Mr. 
    Carper) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                           November 26, 2012

 Reported by Mr. Lieberman, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To establish the Office of Agriculture Inspection within the Department 
     of Homeland Security, which shall be headed by the Assistant 
    Commissioner for Agriculture Inspection, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Safeguarding American 
Agriculture Act of 2011''.</DELETED>

<DELETED>SEC. 2. ESTABLISHMENT OF THE OFFICE OF AGRICULTURE 
              INSPECTION.</DELETED>

<DELETED>    Title IV of the Homeland Security Act of 2002 (6 U.S.C. 
201 et seq.) is amended by inserting after section 421 the 
following:</DELETED>

<DELETED>``SEC. 421A. OFFICE OF AGRICULTURE INSPECTION.</DELETED>

<DELETED>    ``(a) Establishment.--There is established within U.S. 
Customs and Border Protection an Office of Agriculture Inspection, 
which shall be headed by an Assistant Commissioner.</DELETED>
<DELETED>    ``(b) Agriculture Specialist Career Track.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary, acting through 
        the Commissioner of U.S. Customs and Border Protection, and in 
        consultation with the Assistant Commissioner for Agriculture 
        Inspection--</DELETED>
                <DELETED>    ``(A) shall identify appropriate career 
                paths for customs and border protection agriculture 
                specialists, including the education, training, 
                experience, and assignments necessary for career 
                progression within U.S. Customs and Border 
                Protection;</DELETED>
                <DELETED>    ``(B) shall publish information on the 
                career paths identified under paragraph (1); 
                and</DELETED>
                <DELETED>    ``(C) may establish criteria by which 
                appropriately qualified customs and border protection 
                technicians may be promoted to customs and border 
                protection agriculture specialists.</DELETED>
<DELETED>    ``(c) Education, Training, and Experience.--The Secretary, 
acting through the Commissioner of U.S. Customs and Border Protection, 
and in consultation with the Assistant Commissioner for Agriculture 
Inspection, shall provide customs and border protection agriculture 
specialists the opportunity to acquire the education, training, and 
experience necessary to qualify for promotion within U.S. Customs and 
Border Protection.</DELETED>
<DELETED>    ``(d) Agriculture Specialist Recruitment and Retention.--
Not later than 270 days after the date of the enactment of the 
Safeguarding American Agriculture Act of 2011, the Secretary, acting 
through the Commissioner of U.S. Customs and Border Protection, and in 
consultation with the Assistant Commissioner for Agriculture 
Inspection, shall develop a plan to more effectively recruit and retain 
qualified customs and border protection agriculture specialists. The 
plan shall include--</DELETED>
        <DELETED>    ``(1) numerical goals for recruitment and 
        retention; and</DELETED>
        <DELETED>    ``(2) the use of recruitment incentives, as 
        appropriate and permissible under existing laws and 
        regulations.</DELETED>
<DELETED>    ``(e) Equipment Support.--Not later than 270 days after 
the date of the enactment of the Safeguarding American Agriculture Act 
of 2011, the Commissioner of U.S. Customs and Border Protection, in 
consultation with the Assistant Commissioner for Agriculture 
Inspection, shall--</DELETED>
        <DELETED>    ``(1) determine the minimum equipment and other 
        resources that are necessary at U.S. Customs and Border 
        Protection agriculture inspection stations and facilities to 
        enable customs and border protection agriculture specialists to 
        fully and effectively carry out their mission;</DELETED>
        <DELETED>    ``(2) complete an inventory of the equipment and 
        other resources available at each U.S. Customs and Border 
        Protection agriculture inspection station and 
        facility;</DELETED>
        <DELETED>    ``(3) identify the necessary equipment and other 
        resources that are not currently available at agriculture 
        inspection stations and facilities; and</DELETED>
        <DELETED>    ``(4) develop a plan to address any resource 
        deficiencies identified under paragraph (3).</DELETED>
<DELETED>    ``(f) Interagency Rotation Program.--The Secretary of 
Homeland Security and the Secretary of Agriculture are authorized to 
enter into an agreement that--</DELETED>
        <DELETED>    ``(1) establishes an interagency rotation program; 
        and</DELETED>
        <DELETED>    ``(2) provides for personnel of the Animal and 
        Plant Health Inspection Service of the Department of 
        Agriculture to take rotational assignments within the Office of 
        Agriculture Inspection and vice versa for the purposes of 
        strengthening working relationships between agencies and 
        promoting interagency experience.''.</DELETED>

<DELETED>SEC. 3. REPORT.</DELETED>

<DELETED>    Not later than 270 days after the date of the enactment of 
this Act, the Secretary, acting through the Commissioner of U.S. 
Customs and Border Protection, and in consultation with the Assistant 
Commissioner for Agriculture Inspection, shall submit a report to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and that Committee on Homeland Security of the House of Representatives 
that describes--</DELETED>
        <DELETED>    (1) the status of the implementation of the action 
        plans developed by the Animal and Plant Health Inspection 
        Service-U.S. Customs and Border Protection Joint Task Force on 
        Improved Agriculture Inspection;</DELETED>
        <DELETED>    (2) the findings of the Commissioner under 
        paragraphs (1), (2), and (3) of section 421a(e) of the Homeland 
        Security Act of 2002, as added by section 2; and</DELETED>
        <DELETED>    (3) the plan described in paragraph (4) of such 
        section 421a(e).</DELETED>
        <DELETED>    (4) the implementation of the remaining 
        requirements under such section 421a; and</DELETED>
        <DELETED>    (5) any additional legal authority that the 
        Secretary determines to be necessary to effectively carry out 
        the agriculture inspection mission of the Department of 
        Homeland Security.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safeguarding American Agriculture 
Act of 2012''.

SEC. 2. ENHANCED AGRICULTURAL INSPECTION FUNCTIONS.

    Title IV of the Homeland Security Act of 2002 (6 U.S.C. 201 et 
seq.) is amended by inserting after section 421 the following:

``SEC. 421A. AGRICULTURE SPECIALISTS.

    ``(a) Agriculture Specialist Career Track.--
            ``(1) In general.--The Secretary, acting through the 
        Commissioner of U.S. Customs and Border Protection--
                    ``(A) shall identify appropriate career paths for 
                customs and border protection agriculture specialists, 
                including the education, training, experience, and 
                assignments necessary for career progression within 
                U.S. Customs and Border Protection;
                    ``(B) shall publish information on the career paths 
                identified under subparagraph (A); and
                    ``(C) may establish criteria by which appropriately 
                qualified customs and border protection technicians may 
                be promoted to customs and border protection 
                agriculture specialists.
    ``(b) Education, Training, and Experience.--The Secretary, acting 
through the Commissioner of U.S. Customs and Border Protection, shall 
provide customs and border protection agriculture specialists the 
opportunity to acquire the education, training, and experience 
necessary to qualify for promotion within U.S. Customs and Border 
Protection.
    ``(c) Agriculture Specialist Recruitment and Retention.--Not later 
than 270 days after the date of the enactment of the Safeguarding 
American Agriculture Act of 2012, the Secretary, acting through the 
Commissioner of U.S. Customs and Border Protection, shall develop a 
plan to more effectively recruit and retain qualified customs and 
border protection agriculture specialists. The plan shall include--
            ``(1) numerical goals for recruitment and retention; and
            ``(2) the use of recruitment incentives, as appropriate and 
        permissible under existing laws and regulations.
    ``(d) Equipment Support.--Not later than 270 days after the date of 
the enactment of the Safeguarding American Agriculture Act of 2012, the 
Commissioner of U.S. Customs and Border Protection shall--
            ``(1) determine the minimum equipment and other resources 
        that are necessary at U.S. Customs and Border Protection 
        agriculture inspection stations and facilities to enable 
        customs and border protection agriculture specialists to fully 
        and effectively carry out their mission;
            ``(2) complete an inventory of the equipment and other 
        resources available at each U.S. Customs and Border Protection 
        agriculture inspection station and facility;
            ``(3) identify the necessary equipment and other resources 
        that are not currently available at agriculture inspection 
        stations and facilities; and
            ``(4) develop a plan to address any resource deficiencies 
        identified under paragraph (3).
    ``(e) Interagency Rotations.--The Secretary of Homeland Security 
and the Secretary of Agriculture are authorized to enter into an 
agreement that--
            ``(1) establishes an interagency rotation; and
            ``(2) provides for personnel of the Animal and Plant Health 
        Inspection Service of the Department of Agriculture to take 
        rotational assignments within U.S. Customs and Border 
        Protection and vice versa for the purposes of strengthening 
        working relationships between agencies and promoting 
        interagency experience.''.

SEC. 3. REPORT.

    Not later than 270 days after the date of the enactment of this 
Act, the Secretary of Homeland Security, acting through the 
Commissioner of U.S. Customs and Border Protection, shall submit a 
report to the Committee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland Security of the House of 
Representatives that describes--
            (1) the status of the implementation of the action plans 
        developed by the Animal and Plant Health Inspection Service-
        U.S. Customs and Border Protection Joint Task Force on Improved 
        Agriculture Inspection;
            (2) the findings of the Commissioner under paragraphs (1), 
        (2), and (3) of section 421a(d) of the Homeland Security Act of 
        2002, as added by section 2; and
            (3) the plan described in paragraph (4) of such section 
        421a(d).
            (4) the implementation of the remaining requirements under 
        such section 421a; and
            (5) any additional legal authority that the Secretary 
        determines to be necessary to effectively carry out the 
        agriculture inspection mission of the Department of Homeland 
        Security.
            Amend the title so as to read: ``A bill to enhance 
        agricultural import and entry inspection functions, and for 
        other purposes.''.
                                                       Calendar No. 553

112th CONGRESS

  2d Session

                                S. 1673

                          [Report No. 112-240]

_______________________________________________________________________

                                 A BILL

To establish the Office of Agriculture Inspection within the Department 
     of Homeland Security, which shall be headed by the Assistant 
    Commissioner for Agriculture Inspection, and for other purposes.

_______________________________________________________________________

                           November 26, 2012

        Reported with an amendment and an amendment to the title