[Congressional Record Volume 157, Number 149 (Thursday, October 6, 2011)]
[Senate]
[Pages S6340-S6342]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself and Mrs. Feinstein):
  S. 1673. 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; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. AKAKA. Mr. President, I rise today to introduce the Safeguarding 
American Agriculture Act of 2011, with Senator Feinstein.
  With the recent ten-year anniversary of the September 11 terrorist 
attacks, it is appropriate to reflect on the significant changes our 
country has undertaken to strengthen our homeland defenses. We must 
examine how well we are protecting the American people and our way of 
life today, and, where vulnerabilities remain, take decisive action to 
bolster our defenses. The act we introduce today does just this, by 
seeking to strengthen our Nation's agricultural import and entry 
inspection functions to better safeguard American agriculture and 
natural resources against foreign pests and disease.
  Invasive species arrive at U.S. ports of entry every day, often 
hidden in the wooden crates, pallets, and shipping containers used to 
transport agricultural cargo, or concealed in the imported goods 
themselves. Failure to detect and intercept these non-native pests and 
diseases imposes serious economic and social costs on all Americans.
  The U.S. Department of Agriculture estimates that foreign pests and 
disease already cost the U.S. economy tens of billions of dollars 
annually in lower crop values, eradication programs, emergency payments 
to farmers, and increased costs for food and other natural resources. 
The invasive asian stink bug, for example, is ravaging mid-Atlantic 
crops, often destroying significant portions of apple, peach, 
blackberry, raspberry, strawberry, tomato, pepper, sweet corn, and 
soybean harvests. The bug continues to spread despite ongoing Federal, 
State, and local eradication efforts. Invasive species threaten our 
competitiveness in international trade when trading partners decide to 
stop importing U.S. agricultural products due to the presence of an 
invasive pest or disease. For example, Japan continues to ban the 
importation of fresh potatoes from Idaho due to a 2006 outbreak of 
Potato Cyst Nematode in the State. A research team comprised of 
biologists and economists from U.S. and Canadian universities and the 
U.S. Forest Service published a study last month finding that invasive 
wood-boring pests, such as the emerald ash borer and the asian 
longhorned beetle, cost homeowners an estimated $830 million a year in 
lost property values and cost local governments an estimated $1.7 
billion a year as a result of damaged trees and woodlands. Worst of 
all, according to the U.S. Government Accountability Office, the 
accidental or deliberate introduction of a foreign disease, such as 
avian influenza or foot-and-mouth disease, would likely result in 
catastrophic economic losses for our Nation and take lives.
  In light of the current and potential staggering economic costs of 
invasive species--which fall on businesses, taxpayers, and local 
governments that have no way to avoid the harm it is clear that 
focusing on prevention, specifically improving agricultural import and 
entry inspection operations at our ports of entry, is a very cost-
effective strategy.
  Of course, economic costs are just one aspect of the severe 
consequences that can result from foreign pests and disease slipping 
through our ports. In my home State of Hawai'i, which is home to more 
endangered species per square mile than any other area on the planet, 
invasive species and disease could permanently devastate our fragile 
ecosystem. In many regions of the country, invasive species threaten 
native fish prized by fisherman, and destroy wetlands that support 
waterfowl hunting. Even an important part of our American tradition and 
pastime, baseball, is at stake. For the past 127 years in Kentucky, 
Louisville Slugger, the world's largest and oldest maker of baseball 
bats, has manufactured high quality baseball bats from northern white 
ash trees harvested in Pennsylvania and New York. However, the company 
is very concerned that the destructive emerald ash borer beetle, which 
has already destroyed millions of ash trees in several States, 
including Michigan, Wisconsin, Ohio, Pennsylvania, and New York, could 
lead to the extinction of northern white ash trees, preventing 
Louisville Slugger from providing future generations with the company's 
famous ash bats.
  Following the attacks of September 11, Congress passed the Homeland 
Security Act of 2002, which unified Federal customs, immigration, and 
agriculture inspection officers under the new U.S. Department of 
Homeland Security. The decision to transfer frontline agricultural 
import and entry inspection functions from the Department of 
Agriculture's Animal and Plant Health Inspection Service, or APHIS, 
into the Department of Homeland Security's Customs and Border

[[Page S6341]]

Protection, or CBP, was a controversial decision.
  I have long been concerned that the transfer resulted in significant 
disruptions to the agriculture mission and undermined the effectiveness 
of agricultural inspections. Other Members of Congress have expressed 
similar concerns, and there have even been efforts to remove 
agricultural inspection responsibilities from the Department of 
Homeland Security and return them to the Department of Agriculture.
  While I understand these sentiments, as Chairman of the Subcommittee 
on Oversight of Government Management, I understand that such drastic 
reorganizations are often costly and disruptive. In light of our 
Nation's fiscal challenges, I have concluded it is most efficient and 
effective to focus on strengthening the agricultural inspection mission 
within CBP, which in recent years, has made meaningful progress in 
stabilizing the agency's agricultural import and entry inspection 
operations.
  The Safeguarding American Agriculture Act seeks to build upon these 
gains and fully achieve important measures of success identified in the 
June 2007 Report of the APHIS-CBP Joint Task Force on Improved 
Agriculture Inspection, which stated ``Success will be accomplished 
when the agriculture function within CBP is positioned prominently 
throughout the organization. The potential introduction of plant and 
animal pest and diseases will be regarded with the same fervor as all 
other mission areas within CBP.''
  The Act would enhance the priority of, and accountability for, the 
agriculture mission by establishing within CBP an Office of Agriculture 
Inspection led by an Assistant Commissioner responsible for improving 
agricultural inspections across the Nation. This provision would 
improve efficiency and coordination by unifying agriculture policy 
development with agriculture operations. An agricultural chain of 
command that extends from the Assistant Commissioner for Agriculture 
Inspection to frontline agriculture specialists at the ports would also 
effectively address a key issue the task force identified in its 2007 
report: ``Management and leadership infrastructure supporting the 
agriculture mission in CBP should be staffed and empowered at levels 
equivalent to other functional mission areas in CBP.''
  Under the present organizational structure, the Deputy Executive 
Director for CBP's office of Agriculture Operational Oversight within 
the office of Agriculture Programs and Trade Liaison, which falls under 
the Office of Field Operations, is responsible for improving oversight 
of the agricultural mission across all CBP field offices by ensuring a 
more consistent application of agriculture inspection policy. However, 
the Deputy Executive Director lacks operational authority over the 
agriculture mission. Moreover, the dissemination and implementation of 
agricultural policy at the ports is ultimately at the discretion of CBP 
Officers who typically do not have agriculture expertise and are 
primarily focused on the critical mission of preventing terrorists and 
terrorist weapons from entering the country.
  To maintain a highly skilled and motivated agriculture specialist 
workforce, the Act would require CBP to create a comprehensive 
agriculture specialist career track that identifies appropriate career 
paths and ensures that agriculture specialists receive the training, 
experience, and assignments necessary for successful career. The bill 
also would require CBP to develop plans to improve agriculture 
specialist recruitment and retention and to make sure agriculture 
specialists have the necessary equipment and resources to effectively 
carry out their mission.
  To strengthen critical working relationships and promote interagency 
experience, the Act would authorize the Secretary of Homeland Security 
and the Secretary of Agriculture to establish an interagency rotation 
program for CBP and APHIS personnel.
  Taken together, the enhancements contained in the Safeguarding 
American Agriculture Act of 2011 would elevate the stature of the 
agriculture mission in CBP to match the magnitude of the challenge 
posed by invasive pests and disease. I strongly urge my colleagues to 
support this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1673

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

     SECTION 1. SHORT TITLE.

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

     SEC. 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:

     ``SEC. 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.''.

     SEC. 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)

[[Page S6342]]

     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.
                                 ______