II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Safeguarding Amer3 ican Agriculture Act of 2011’’. 

4 SEC. 2. ESTABLISHMENT OF THE OFFICE OF AGRICULTURE 

5 INSPECTION. 

6 Title IV of the Homeland Security Act of 2002 (6 

7 U.S.C. 201 et seq.) is amended by inserting after section 

8 421 the following: 

9 ‘‘SEC. 421A. OFFICE OF AGRICULTURE INSPECTION. 

10 ‘‘(a) ESTABLISHMENT.—There is established within 

11 U.S. Customs and Border Protection an Office of Agri12 culture Inspection, which shall be headed by an Assistant 

13 Commissioner. 

14 ‘‘(b) AGRICULTURE SPECIALIST CAREER TRACK.— 

15 ‘‘(1) IN GENERAL.—The Secretary, acting 

16 through the Commissioner of U.S. Customs and 

17 Border Protection, and in consultation with the As18 sistant Commissioner for Agriculture Inspection— 

19 ‘‘(A) shall identify appropriate career 

20 paths for customs and border protection agri21 culture specialists, including the education, 

22 training, experience, and assignments necessary 

23 for career progression within U.S. Customs and 

24 Border Protection; 

25 ‘‘(B) shall publish information on the ca26 reer paths identified under paragraph (1); and 


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1 ‘‘(C) may establish criteria by which ap2 propriately qualified customs and border protec3 tion technicians may be promoted to customs 

4 and border protection agriculture specialists. 

5 ‘‘(c) EDUCATION, TRAINING, AND EXPERIENCE.— 

6 The Secretary, acting through the Commissioner of U.S. 

7 Customs and Border Protection, and in consultation with 

8 the Assistant Commissioner for Agriculture Inspection, 

9 shall provide customs and border protection agriculture 

10 specialists the opportunity to acquire the education, train11 ing, and experience necessary to qualify for promotion 

12 within U.S. Customs and Border Protection. 

13 ‘‘(d) AGRICULTURE SPECIALIST RECRUITMENT AND

14 RETENTION.—Not later than 270 days after the date of 

15 the enactment of the Safeguarding American Agriculture 

16 Act of 2011, the Secretary, acting through the Commis17 sioner of U.S. Customs and Border Protection, and in con18 sultation with the Assistant Commissioner for Agriculture 

19 Inspection, shall develop a plan to more effectively recruit 

20 and retain qualified customs and border protection agri21 culture specialists. The plan shall include— 

22 ‘‘(1) numerical goals for recruitment and reten23 tion; and 


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1 ‘‘(2) the use of recruitment incentives, as ap2 propriate and permissible under existing laws and 

3 regulations. 

4 ‘‘(e) EQUIPMENT SUPPORT.—Not later than 270 

5 days after the date of the enactment of the Safeguarding 

6 American Agriculture Act of 2011, the Commissioner of 

7 U.S. Customs and Border Protection, in consultation with 

8 the Assistant Commissioner for Agriculture Inspection, 

9 shall— 

10 ‘‘(1) determine the minimum equipment and 

11 other resources that are necessary at U.S. Customs 

12 and Border Protection agriculture inspection sta13 tions and facilities to enable customs and border 

14 protection agriculture specialists to fully and effec15 tively carry out their mission; 

16 ‘‘(2) complete an inventory of the equipment 

17 and other resources available at each U.S. Customs 

18 and Border Protection agriculture inspection station 

19 and facility; 

20 ‘‘(3) identify the necessary equipment and other 

21 resources that are not currently available at agri22 culture inspection stations and facilities; and 

23 ‘‘(4) develop a plan to address any resource de24 ficiencies identified under paragraph (3). 


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1 ‘‘(f) INTERAGENCY ROTATION PROGRAM.—The Sec2 retary of Homeland Security and the Secretary of Agri3 culture are authorized to enter into an agreement that— 

4 ‘‘(1) establishes an interagency rotation pro5 gram; and 

6 ‘‘(2) provides for personnel of the Animal and 

7 Plant Health Inspection Service of the Department 

8 of Agriculture to take rotational assignments within 

9 the Office of Agriculture Inspection and vice versa 

10 for the purposes of strengthening working relation11 ships between agencies and promoting interagency 

12 experience.’’. 

13 SEC. 3. REPORT. 

14 Not later than 270 days after the date of the enact15 ment of this Act, the Secretary, acting through the Com16 missioner of U.S. Customs and Border Protection, and in 

17 consultation with the Assistant Commissioner for Agri18 culture Inspection, shall submit a report to the Committee 

19 on Homeland Security and Governmental Affairs of the 

20 Senate and that Committee on Homeland Security of the 

21 House of Representatives that describes— 

22 (1) the status of the implementation of the ac23 tion plans developed by the Animal and Plant 

24 Health Inspection Service-U.S. Customs and Border 


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1 Protection Joint Task Force on Improved Agri2 culture Inspection; 

3 (2) the findings of the Commissioner under 

4 paragraphs (1), (2), and (3) of section 421a(e) of 

5 the Homeland Security Act of 2002, as added by 

6 section 2; and 

7 (3) the plan described in paragraph (4) of such 

8 section 421a(e). 

9 (4) the implementation of the remaining re10 quirements under such section 421a; and 

11 (5) any additional legal authority that the Sec12 retary determines to be necessary to effectively carry 

13 out the agriculture inspection mission of the Depart14 ment of Homeland Security. 

15 SECTION 1. SHORT TITLE. 

16 This Act may be cited as the ‘‘Safeguarding American 

17 Agriculture Act of 2012’’. 

18 SEC. 2. ENHANCED AGRICULTURAL INSPECTION FUNC19 TIONS. 

20 Title IV of the Homeland Security Act of 2002 (6 

21 U.S.C. 201 et seq.) is amended by inserting after section 

22 421 the following: 

23 ‘‘SEC. 421a. AGRICULTURE SPECIALISTS. 

24 ‘‘(a) AGRICULTURE SPECIALIST CAREER TRACK.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, acting 

2 through the Commissioner of U.S. Customs and Bor3 der Protection— 

4 ‘‘(A) shall identify appropriate career paths 

5 for customs and border protection agriculture 

6 specialists, including the education, training, ex7 perience, and assignments necessary for career 

8 progression within U.S. Customs and Border 

9 Protection; 

10 ‘‘(B) shall publish information on the career 

11 paths identified under subparagraph (A); and 

12 ‘‘(C) may establish criteria by which appro13 priately qualified customs and border protection 

14 technicians may be promoted to customs and 

15 border protection agriculture specialists. 

16 ‘‘(b) EDUCATION, TRAINING, AND EXPERIENCE.—The 

17 Secretary, acting through the Commissioner of U.S. Cus18 toms and Border Protection, shall provide customs and bor19 der protection agriculture specialists the opportunity to ac20 quire the education, training, and experience necessary to 

21 qualify for promotion within U.S. Customs and Border 

22 Protection. 

23 ‘‘(c) AGRICULTURE SPECIALIST RECRUITMENT AND

24 RETENTION.—Not later than 270 days after the date of the 

25 enactment of the Safeguarding American Agriculture Act 


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1 of 2012, the Secretary, acting through the Commissioner of 

2 U.S. Customs and Border Protection, shall develop a plan 

3 to more effectively recruit and retain qualified customs and 

4 border protection agriculture specialists. The plan shall in5 clude— 

6 ‘‘(1) numerical goals for recruitment and reten7 tion; and 

8 ‘‘(2) the use of recruitment incentives, as appro9 priate and permissible under existing laws and regu10 lations. 

11 ‘‘(d) EQUIPMENT SUPPORT.—Not later than 270 days 

12 after the date of the enactment of the Safeguarding Amer13 ican Agriculture Act of 2012, the Commissioner of U.S. 

14 Customs and Border Protection shall— 

15 ‘‘(1) determine the minimum equipment and 

16 other resources that are necessary at U.S. Customs 

17 and Border Protection agriculture inspection stations 

18 and facilities to enable customs and border protection 

19 agriculture specialists to fully and effectively carry 

20 out their mission; 

21 ‘‘(2) complete an inventory of the equipment and 

22 other resources available at each U.S. Customs and 

23 Border Protection agriculture inspection station and 

24 facility; 


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1 ‘‘(3) identify the necessary equipment and other 

2 resources that are not currently available at agri3 culture inspection stations and facilities; and 

4 ‘‘(4) develop a plan to address any resource defi5 ciencies identified under paragraph (3). 

6 ‘‘(e) INTERAGENCY ROTATIONS.—The Secretary of 

7 Homeland Security and the Secretary of Agriculture are 

8 authorized to enter into an agreement that— 

9 ‘‘(1) establishes an interagency rotation; and 

10 ‘‘(2) provides for personnel of the Animal and 

11 Plant Health Inspection Service of the Department of 

12 Agriculture to take rotational assignments within 

13 U.S. Customs and Border Protection and vice versa 

14 for the purposes of strengthening working relation15 ships between agencies and promoting interagency ex16 perience.’’. 

17 SEC. 3. REPORT. 

18 Not later than 270 days after the date of the enactment 

19 of this Act, the Secretary of Homeland Security, acting 

20 through the Commissioner of U.S. Customs and Border Pro21 tection, shall submit a report to the Committee on Home22 land Security and Governmental Affairs of the Senate and 

23 the Committee on Homeland Security of the House of Rep24 resentatives that describes— 


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1 (1) the status of the implementation of the action 

2 plans developed by the Animal and Plant Health In3 spection Service-U.S. Customs and Border Protection 

4 Joint Task Force on Improved Agriculture Inspection; 

5 (2) the findings of the Commissioner under para6 graphs (1), (2), and (3) of section 421a(d) of the 

7 Homeland Security Act of 2002, as added by section 

8 2; and 

9 (3) the plan described in paragraph (4) of such 

10 section 421a(d). 

11 (4) the implementation of the remaining require12 ments under such section 421a; and 

13 (5) any additional legal authority that the Sec14 retary determines to be necessary to effectively carry 

15 out the agriculture inspection mission of the Depart16 ment of Homeland Security. 

Amend the title so as to read: ‘‘A bill to enhance agricultural import and entry inspection functions, and for 

other purposes.’’. 


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Calendar No. 553 

112TH CONGRESS 

2D SESSION S. 1673 

[Report No. 112–240] 

A BILL 

To establish the Office of Agriculture Inspection 

purposes. sioner for Agriculture Inspection, and for other which shall be headed by the Assistant Commiswithin the Department of Homeland Security, 

NOVEMBER 26, 2012 

Reported with an amendment and an amendment to the 

title 


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