[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 427 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 427

    To amend the Homeland Security Act of 2002 to assist States and 
     communities in preparing for and responding to threats to the 
                   agriculture of the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2003

   Mr. Akaka introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
    To amend the Homeland Security Act of 2002 to assist States and 
     communities in preparing for and responding to threats to the 
                   agriculture of the United States.

    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 ``Agriculture Security Assistance 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) some agricultural diseases pose a direct threat to 
        human health;
            (2) economic sabotage, in the form of agroterrorism, is 
        also a concern;
            (3) the United States has an $80,000,000,000 livestock 
        industry;
            (4) an outbreak of an agricultural disease, whether 
        naturally occurring or intentionally introduced, could--
                    (A) have a profound impact on the infrastructure, 
                economy, and export markets of the United States; and
                    (B) erode consumer confidence in the Federal 
                Government and the safety of the food supply of the 
                United States;
            (5) as with human health and bioterrorism preparedness, 
        enhancing current monitoring and response mechanisms to deal 
        with a deliberate act of agricultural terrorism would 
        strengthen the ability of the United States to diagnose and 
        respond quickly to any animal health crisis;
            (6)(A) activities to ensure the biosecurity of farms are an 
        important tool in preventing--
                    (i) the intentional or accidental introduction of 
                an agricultural disease; and
                    (ii) the spread of an introduced agricultural 
                disease into an outbreak; and
            (B) most surveys of producers indicate discouraging and 
        dangerous trends in basic elements of farm security activities;
            (7)(A) a national response plan, developed by the 
        Department of Agriculture and the Federal Emergency Management 
        Agency, would determine how interdependent agricultural health 
        and emergency management response functions will be coordinated 
        to ensure an orderly, immediate, and unified response to all 
        aspects of an outbreak of an agricultural disease;
            (B) the Department of Agriculture, in cooperation with 
        State and industry partners, would implement the plan as 
        needed; and
            (C) State and local partners would need assistance to 
        implement their shares of the plan;
            (8) States and communities also require assistance to 
        prepare and plan for agricultural disasters;
            (9)(A) rapid detection of an agricultural disease is 
        imperative in containing the spread of the agricultural 
        disease; and
            (B) potential delays and difficulty in detection may 
        complicate decisions regarding appropriate control measures; 
        and
            (10)(A) planning for a response to an outbreak of an 
        agricultural disease will vary from State to State, 
        reflecting--
                    (i) the level of awareness;
                    (ii) the perception of risk;
                    (iii) competing time demands; and
                    (iv) the availability of resources; and
            (B) State response capability would be significantly 
        enhanced if State agricultural and emergency management 
        officials were to jointly develop a comprehensive agricultural 
        disease response plan.

SEC. 3. AGRICULTURE SECURITY ASSISTANCE.

    (a) In General.--Title VIII of the Homeland Security Act of 2002 
(Public Law 107-296; 116 Stat. 2220) is amended by adding at the end 
the following:

             ``Subtitle J--Agriculture Security Assistance

``SEC. 899A. DEFINITIONS.

    ``In this subtitle:
            ``(1) Agricultural disease.--The term `agricultural 
        disease' means an outbreak of a plant or animal disease, or a 
        pest infestation, that requires prompt action in order to 
        prevent injury or damage to people, plants, livestock, 
        property, the economy, or the environment.
            ``(2) Agricultural disease emergency.--The term 
        `agricultural disease emergency' means an outbreak of a plant 
        or animal disease, or a pest infestation, that requires prompt 
        action in order to prevent injury or damage to people, plants, 
        livestock, property, the economy, or the environment, as 
        determined by the Secretary of Agriculture under--
                    ``(A) section 415 of the Plant Protection Act (7 
                U.S.C. 7715); or
                    ``(B) section 10407(b) of the Animal Health 
                Protection Act (7 U.S.C. 8306(b)).
            ``(3) Agriculture.--The term `agriculture' includes--
                    ``(A) the science and practice of activities 
                relating to food, feed, and fiber production, 
                processing, marketing, distribution, use, and trade;
                    ``(B) family and consumer science, nutrition, food 
                science and engineering, agricultural economics, and 
                other social sciences; and
                    ``(C) forestry, wildlife science, fishery science, 
                aquaculture, floraculture, veterinary medicine, and 
                other environmental and natural resource sciences.
            ``(4) Agroterrorism.--The term `agroterrorism' means the 
        commission of an agroterrorist act.
            ``(5) Agroterrorist act.--The term `agroterrorist act' 
        means a criminal act consisting of causing or attempting to 
        cause damage or harm to, or destruction or contamination of, a 
        crop, livestock, farm or ranch equipment, a material, any other 
        property associated with agriculture, or a person engaged in 
        agricultural activity, that is committed with the intent--
                    ``(A) to intimidate or coerce a civilian 
                population; or
                    ``(B) to influence the policy of a government by 
                intimidation or coercion.
            ``(6) Biosecurity.--
                    ``(A) In general.--The term `biosecurity' means 
                protection from the risks posed by biological, 
                chemical, or radiological agents to--
                            ``(i) plant or animal health;
                            ``(ii) the agricultural economy;
                            ``(iii) the environment; and
                            ``(iv) human health.
                    ``(B) Inclusions.--The term `biosecurity' includes 
                the exclusion, eradication, and control of biological 
                agents that cause agricultural diseases.

``SEC. 899B. RESPONSE PLANS.

    ``(a) In General.--
            ``(1) State plans.--The Secretary of Agriculture, in 
        consultation with the Director of the Federal Emergency 
        Management Agency, shall assist States in developing and 
        implementing State plans for responding to outbreaks of 
        agricultural diseases.
            ``(2) Required elements.--Each State response plan shall 
        include--
                    ``(A) identification of available authorities and 
                resources within the State that are needed to respond 
                to an outbreak of an agricultural disease;
                    ``(B) identification of--
                            ``(i) potential risks and threats due to 
                        agricultural activity in the State; and
                            ``(ii) the vulnerabilities to those risks 
                        and threats;
                    ``(C) potential emergency management assistance 
                compacts and other mutual aid agreements with 
                neighboring States; and
                    ``(D) identification of local and State legal 
                statutes or precedents that may affect the 
                implementation of a State response plan.
            ``(3) Regional and national response plans.--The Secretary 
        of Agriculture shall work with States in developing regional 
        and national response plans to carry out this subsection.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection such 
        sums as are necessary for fiscal year 2004 and each fiscal year 
        thereafter.
    ``(b) Modeling and Statistical Analyses.--
            ``(1) In general.--In consultation with the Steering 
        Committee of the National Animal Health Emergency Management 
        System and other stakeholders, the Secretary of Agriculture 
        shall conduct a study--
                    ``(A) to determine the best use of epidemiologists, 
                computer modelers, and statisticians as members of 
                emergency response task forces that handle foreign or 
                emerging agricultural disease emergencies; and
                    ``(B) to identify the types of data that are not 
                collected but that would be necessary for proper 
modeling and analysis of agricultural disease emergencies.
            ``(2) Report.--Not later than 180 days after the date of 
        enactment of this subtitle, the Secretary of Agriculture shall 
        submit a report that describes the results of the study to--
                    ``(A) the Secretary of Homeland Security; and
                    ``(B) the heads of other appropriate governmental 
                agencies involved in response planning for agricultural 
                disease emergencies.
    ``(c) Geographic Information System Grants.--
            ``(1) In general.--The Secretary of Agriculture, in 
        consultation with the Secretary of Homeland Security and the 
        Secretary of the Interior, shall establish a program to provide 
        grants to States to develop capabilities to use geographic 
        information systems and statistical models for epidemiological 
        assessments in the event of agricultural disease emergencies.
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
                    ``(A) $2,500,000 for fiscal year 2004; and
                    ``(B) such sums as are necessary for each fiscal 
                year thereafter.
    ``(d) Grants To Facilitate Participation of State and Local Animal 
Health Care Officials.--
            ``(1) In general.--The Secretary of Homeland Security, in 
        coordination with the Secretary of Agriculture, shall establish 
        a program to provide grants to communities to facilitate the 
        participation of State and local animal health care officials 
        in community emergency planning efforts.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $5,000,000 for 
        fiscal year 2004.

``SEC. 899C. BIOSECURITY AWARENESS AND PROGRAMS.

    ``(a) In General.--The Secretary of Agriculture shall implement a 
public awareness campaign for farmers, ranchers, and other agricultural 
producers that emphasizes--
            ``(1) the need for heightened biosecurity on farms; and
            ``(2) the reporting of agricultural disease anomalies.
    ``(b) On-Farm Biosecurity.--
            ``(1) In general.--Not later than 240 days after the date 
        of enactment of this subtitle, in consultation with 
        associations of agricultural producers and taking into 
        consideration research conducted under the National 
        Agricultural Research, Extension, and Teaching Policy Act of 
        1977 (7 U.S.C. 3101 et seq.), the Secretary of Agriculture 
        shall--
                    ``(A) develop guidelines--
                            ``(i) to improve monitoring of vehicles and 
                        materials entering or leaving farm or ranch 
                        operations; and
                            ``(ii) to control human traffic entering or 
                        leaving farm or ranch operations; and
                    ``(B) disseminate the guidelines to agricultural 
                producers through agricultural education seminars and 
                biosecurity training sessions.
            ``(2) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated to carry out this subsection--
                            ``(i) $5,000,000 for fiscal year 2004; and
                            ``(ii) such sums as are necessary for each 
                        fiscal year thereafter.
                    ``(B) Education program.--Of the amounts made 
                available under subparagraph (A), the Secretary of 
                Agriculture may use such sums as are necessary to 
                establish in each State an education program to 
                distribute the biosecurity guidelines developed under 
                paragraph (1).
    ``(c) Biosecurity Grant Pilot Program.--
            ``(1) In general.--Not later than 240 days after the date 
        of enactment of this subtitle, the Secretary of Agriculture 
        shall develop a pilot program to provide incentives, in the 
        forms of grants or low-interest loans, each in an amount not to 
        exceed $10,000, for agricultural producers to restructure farm 
        and ranch operations (based on the biosecurity guidelines 
        developed under subsection (b)(1))--
                    ``(A) to control access to farms or ranches by 
                persons intending to commit an agroterrorist act;
                    ``(B) to prevent the introduction and spread of 
                agricultural diseases; and
                    ``(C) to take other measures to ensure biosecurity.
            ``(2) Report.--Not later than 3 years after the date of 
        enactment of this subtitle, the Secretary of Agriculture shall 
        submit to the appropriate committees of Congress a report 
        that--
                    ``(A) describes the implementation of the pilot 
                program; and
                    ``(B) makes recommendations on expansion of the 
                pilot program.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
                    ``(A) $5,000,000 for fiscal year 2004; and
                    ``(B) such sums as are necessary for each of fiscal 
                years 2005 through 2007.''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) 
is amended by adding at the end of the items relating to title VIII the 
following:

             ``Subtitle J--Agriculture Security Assistance

``Sec. 899A. Definitions.
``Sec. 899B. Response plans.
``Sec. 899C. Biosecurity awareness and programs.''.
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