II Calendar No. 553 112th CONGRESS 2d Session S. 1673 [Report No. 112–240] 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.

1.

Short title

This Act may be cited as the Safeguarding American Agriculture Act of 2011.

2.

Establishment of the Office of Agriculture Inspection

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:

421a.

Office of Agriculture Inspection

(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. (b)

Agriculture specialist career track

(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— (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 paragraph (1); and (C)may establish criteria by which appropriately qualified customs and border protection technicians may be promoted to customs and border protection agriculture specialists. (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. (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— (1)numerical goals for recruitment and retention; and (2)the use of recruitment incentives, as appropriate and permissible under existing laws and regulations. (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— (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). (f)

Interagency rotation program

The Secretary of Homeland Security and the Secretary of Agriculture are authorized to enter into an agreement that— (1)establishes an interagency rotation program; and (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.

.

3.

Report

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— (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(e) of the Homeland Security Act of 2002, as added by section 2; and (3)the plan described in paragraph (4) of such section 421a(e). (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.

1.

Short title

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

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:

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.

.

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.. November 26, 2012 Reported with an amendment and an amendment to the title