[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 430 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 430

  To amend the Homeland Security Act of 2002 to enhance agricultural 
    biosecurity in the United States through increased prevention, 
                  preparation, and response planning.


_______________________________________________________________________


                   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 enhance agricultural 
    biosecurity in the United States through increased prevention, 
                  preparation, and response planning.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Agriculture 
Security Preparedness Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Agricultural biosecurity.
                 ``Subtitle J--Agricultural Biosecurity

        ``Sec. 899A. Definitions.
                 ``Chapter 1--Interagency Coordination

        ``Sec. 899D. Agricultural disease liaisons.
        ``Sec. 899E. Transportation.
        ``Sec. 899F. Regional, State, and local preparation.
        ``Sec. 899G. Study on feasibility of establishing a national 
                            plant disease laboratory.
                 ``Chapter 2--International Activities

        ``Sec. 899J. International agricultural disease surveillance.
        ``Sec. 899K. Inspections of imported agricultural products.
        ``Sec. 899L. Bilateral mutual assistance agreements.
                    ``Chapter 3--Response Activities

        ``Sec. 899O. Study on feasibility of establishing a national 
                            agroterrorism and ecoterrorism incident 
                            clearinghouse.
        ``Sec. 899P. Review of legal authority.
        ``Sec. 899Q. Information sharing.

Sec. 4. Inclusion of agroterrorism in terrorist acts involving weapons 
                            of mass destruction.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the intentional use of agricultural disease agents to 
        attack United States agriculture threatens an industry that 
        accounts for approximately 13 percent of the gross domestic 
        product of the United States;
            (2) the economic impact of a worst-case agricultural 
        disease affecting multiple farms in multiple States could be 
        measured in billions of dollars, including the costs of 
        eradication, production losses, and other market repercussions;
            (3) agricultural diseases can be naturally occurring (such 
        as the outbreak of foot-and-mouth disease in Great Britain 
        during 2001) or intentionally created by malicious actors;
            (4) risk factors affecting the spread of a plant or animal 
        disease include--
                    (A) animal density;
                    (B) animal and plant concentration points (such as 
                auction markets, sale barns, and grain lots);
                    (C) plant and animal movement;
                    (D) individuals moving on and off farms;
                    (E) wildlife; and
                    (F) weather conditions;
            (5) the rapid and widespread movement of animals and crops 
        is an integral part of United States agriculture and the 
        principle means by which an agricultural disease will spread if 
        an agricultural disease occurs;
            (6) response planning and mitigation requires the 
        coordination between the animal health and agricultural 
        community, transportation officials, and representatives of the 
        shipping and trucking industry;
            (7) the United States Department of Agriculture and State 
        departments of agriculture have responsibility for the 
        protection of the agricultural resources of the United States;
            (8) in the event of an agricultural disease, the Department 
        of Agriculture and State departments of agriculture will need 
        the support and resources of other Federal, State, and local 
        agencies that carry out traditional emergency management and 
        response functions;
            (9) while the introduction of an infectious foreign animal 
        disease (such as foot-and-mouth disease) will be the primary 
        threat addressed by an agricultural security plan, the 
        principles used to prevent, detect, control, or eradicate such 
        a disease will apply to large-scale outbreaks of other diseases 
        and other agricultural diseases that affect agriculture;
            (10) numerous Federal agencies have authorities and 
        responsibilities relating to public, animal, and wildlife 
        health, safety, and management;
            (11) the highest priority of the United States, in 
        connection with agricultural diseases, is to prevent the 
        introduction of, detect, control, and eradicate an agricultural 
        disease as quickly as practicable and return the United States 
        to a disease-free status;
            (12)(A) the Incident Command System was adopted by the 
        National Fire Academy as the model system of the Academy in 
        1987 and was later endorsed by the International Association of 
        Chiefs of Police and the American Public Works Association;
            (B) the Incident Command System is used by many Federal 
        agencies, such as the Environmental Protection Agency and the 
        United States Fire Administration, while responding to 
        emergencies; and
            (C) the Secretary of Agriculture, acting through the Animal 
        and Plant Health Inspection Service, should incorporate the 
        Incident Command System in all agricultural disaster emergency 
        response plans; and
            (13) since agricultural diseases will continue to be rare 
        occurrences in the United States, the Department of Agriculture 
        and Federal, State, and local partners will need to reinforce 
        preparedness, training, and response mechanisms--
                    (A) through an all-hazard approach to all 
                agricultural disaster emergencies; and
                    (B) by gaining field experience in foreign 
                countries where high-risk agricultural diseases are 
                endemic.

SEC. 3. AGRICULTURAL BIOSECURITY.

    (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--Agricultural Biosecurity

``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) 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.
            ``(3) Agroterrorism.--The term `agroterrorism' means the 
        commission of an agroterrorist act.
            ``(4) 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.
            ``(5) 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 plant or animal diseases.
            ``(6) Ecoterrorism.--The term `ecoterrorism' means the use 
        of force or violence against a person or property to intimidate 
        or coerce all or part of a government or the civilian 
        population, in furtherance of a social goal in the name of an 
        environmental cause.

                 ``CHAPTER 1--INTERAGENCY COORDINATION

``SEC. 899D. AGRICULTURAL DISEASE LIAISONS.

    ``(a) Agricultural Disease Management Liaison.--The Secretary shall 
establish a senior level position within the Federal Emergency 
Management Agency to serve, as a primary responsibility, as a liaison 
for agricultural disease management between--
            ``(1) the Department; and
            ``(2)(A) the Federal Emergency Management Agency;
            ``(B) the Department of Agriculture;
            ``(C) other Federal agencies responsible for agriculture 
        disease emergency response;
            ``(D) the emergency management community;
            ``(E) State emergency officials and agricultural officials; 
        and
            ``(F) affected industries.
    ``(b) Animal Health Care Liaison.--The Secretary of Health and 
Human Services shall establish within the Department of Health and 
Human Services a senior level position to serve, as a primary 
responsibility, as a liaison between--
            ``(1) the Department of Health and Human Services; and
            ``(2)(A) the Department of Agriculture;
            ``(B) the animal health community;
            ``(C) the emergency management community; and
            ``(D) affected industries.

``SEC. 899E. TRANSPORTATION.

    ``The Secretary of Transportation, in consultation with the 
Secretary of Agriculture and the Secretary, shall--
            ``(1) publish in the Federal Register proposed guidelines 
        for restrictions on interstate transportation of an 
        agricultural commodity or product in response to an 
        agricultural disease;
            ``(2) provide for a comment period for the proposed 
        guidelines of not less than 90 days;
            ``(3) establish the final guidelines, taking into 
        consideration any comments received under paragraph (2); and
            ``(4) provide the guidelines to officers and employees of 
        --
                    ``(A) the Department of Agriculture;
                    ``(B) the Department of Transportation; and
                    ``(C) the Department.

``SEC. 899F. REGIONAL, STATE, AND LOCAL PREPARATION.

    ``(a) Environmental Protection Agency.--The Administrator of the 
Environmental Protection Agency, in consultation with the Secretary of 
Agriculture, shall cooperate with regional, State, and local disaster 
preparedness officials to include consideration of potential 
environmental impacts of response activities in planning responses to 
agricultural diseases.
    ``(b) Department of Agriculture.--The Secretary of Agriculture, in 
consultation with the Secretary, shall--
            ``(1) develop and implement information-sharing procedures 
        to provide information to and share information among Federal, 
        regional, State, and local officials regarding agricultural 
        threats, risks, and vulnerabilities; and
            ``(2) cooperate with State agricultural officials, State 
        and local emergency managers, representatives from State land 
        grant colleges and research universities, agricultural 
        producers, and agricultural trade associations to establish 
        local response plans for agricultural diseases.
    ``(c) Federal Emergency Management Agency.--The Director of the 
Federal Emergency Management Agency, in consultation with the Secretary 
of Agriculture, shall--
            ``(1) establish a task force, consisting of agricultural 
        producers and State and local emergency response officials, to 
        identify best practices for regional and State agricultural 
        disease programs;
            ``(2) distribute to States and localities a report that 
        describes the best practices; and
            ``(3) design and distribute packages containing exercises 
        for training, based on the identified best practices, in the 
        form of printed materials and electronic media, for 
        distribution to State and local emergency managers and State 
        agricultural officials.

``SEC. 899G. STUDY ON FEASIBILITY OF ESTABLISHING A NATIONAL PLANT 
              DISEASE LABORATORY.

    ``Not later than 270 days after the date of enactment of this 
subtitle, the Secretary of Agriculture shall submit to the appropriate 
committees of Congress a report on the feasibility of establishing a 
national plant disease laboratory, based on the model of the Centers 
for Disease Control and Prevention, with the primary task of--
            ``(1) integrating and coordinating a nationwide system of 
        independent plant disease diagnostic laboratories, including 
        plant clinics maintained by land grant colleges and 
        universities; and
            ``(2) increasing the capacity, technical infrastructure, 
        and information-sharing capabilities of laboratories described 
        in paragraph (1).

                 ``CHAPTER 2--INTERNATIONAL ACTIVITIES

``SEC. 899J. INTERNATIONAL AGRICULTURAL DISEASE SURVEILLANCE.

    ``Not later than 1 year after the date of enactment of this 
subtitle, the Secretary of Agriculture, in consultation with the 
Secretary of State and the Administrator of the United States Agency 
for International Development, shall submit to the appropriate 
committees of Congress a report on measures taken by the Secretary of 
Agriculture--
            ``(1) to streamline the process of notification by the 
        Secretary of Agriculture to Federal agencies in the event of 
        agricultural diseases in foreign countries; and
            ``(2) to cooperate with representatives of foreign 
        countries, international organizations, and industry to devise 
        and implement methods of sharing information on international 
        agricultural diseases and unusual agricultural activities.

``SEC. 899K. INSPECTIONS OF IMPORTED AGRICULTURAL PRODUCTS.

    ``The Secretary shall--
            ``(1) cooperate with the Secretary of Agriculture and 
        appropriate Federal intelligence officials to improve the 
        ability of the Department of Agriculture to identify 
        agricultural commodities and products, livestock, and other 
        goods imported from suspect locations recognized by the 
        intelligence community as having--
                    ``(A) experienced agricultural terrorist activities 
                or unusual agricultural diseases; or
                    ``(B) harbored agroterrorists; and
            ``(2) use the information collected under paragraph (1) to 
        establish inspection priorities.

``SEC. 899L. BILATERAL MUTUAL ASSISTANCE AGREEMENTS.

    ``The Secretary of State, in coordination with the Secretary of 
Agriculture and the Secretary, shall--
            ``(1) enter into mutual assistance agreements with other 
        countries for assistance in the event of an agricultural 
        disease--
                    ``(A) to provide training to veterinarians and 
                agriculture specialists of the United States in the 
                identification, diagnosis, and control of foreign 
                agricultural diseases;
                    ``(B) to provide resources and personnel to foreign 
                governments with limited resources to respond to 
                agricultural diseases; and
                    ``(C) to participate in bilateral training programs 
                and exercises; and
            ``(2) provide funding for personnel to participate in 
        related exchange and training programs.

                    ``CHAPTER 3--RESPONSE ACTIVITIES

``SEC. 899O. STUDY ON FEASIBILITY OF ESTABLISHING A NATIONAL 
              AGROTERRORISM AND ECOTERRORISM INCIDENT CLEARINGHOUSE.

    ``Not later than 240 days after the date of enactment of this 
subtitle, the Attorney General, in conjunction with the Secretary of 
Agriculture, shall submit to the appropriate committees of Congress a 
report on the feasibility and estimated cost of establishing and 
maintaining a national agroterrorism incident clearinghouse to gather 
information for use in coordinating and assisting investigations on 
incidents of--
            ``(1) agroterrorism committed against or directed at--
                    ``(A) any plant or animal enterprise; or
                    ``(B) any person, because of any actual or 
                perceived connection of the person with, or support by 
                the person of, agriculture; and
            ``(2) ecoterrorism.

``SEC. 899P. REVIEW OF LEGAL AUTHORITY.

    ``(a) In General.--The Attorney General, in consultation with the 
Secretary of Agriculture, shall conduct a review of State and local 
laws relating to agroterrorism and biosecurity to determine--
            ``(1) the extent to which those laws facilitate or impede 
        the implementation of current or proposed response plans with 
        respect to agricultural diseases;
            ``(2) whether an injunction issued by a State court could--
                    ``(A) delay the implementation of a Federal 
                response plan; or
                    ``(B) affect the extent to which an agricultural 
                disease spreads; and
            ``(3) the types and extent of legal evidence that may be 
        required by State courts before a response plan may be 
        implemented.
    ``(b) Report.--Not later than 1 year after the date of enactment of 
this subtitle, the Attorney General shall submit to the appropriate 
committees of Congress a report that describes the results of the 
review conducted under subsection (a) (including any recommendations of 
the Attorney General).

``SEC. 899Q. INFORMATION SHARING.

    ``The Secretary of Agriculture, in cooperation with the Attorney 
General, shall develop and implement a system to share information 
during all stages of an agroterrorist act.''.
    (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--Agricultural Biosecurity

        ``Sec. 899A. Definitions.
                 ``Chapter 1--Interagency Coordination

        ``Sec. 899D. Agricultural disease liaisons.
        ``Sec. 899E. Transportation.
        ``Sec. 899F. Regional, State, and local preparation.
        ``Sec. 899G. Study on feasibility of establishing a national 
                            plant disease laboratory.
                 ``Chapter 2--International Activities

        ``Sec. 899J. International agricultural disease surveillance.
        ``Sec. 899K. Inspections of imported agricultural products.
        ``Sec. 899L. Bilateral mutual assistance agreements
         ``Chapter 3--Legal Definitions and Response Activities

        ``Sec. 899O. Study on feasibility of establishing a national 
                            agroterrorism and ecoterrorism incident 
                            clearinghouse.
        ``Sec. 899P. Review of legal authority.
        ``Sec. 899Q. Information sharing.''.

SEC. 4. INCLUSION OF AGROTERRORISM IN TERRORIST ACTS INVOLVING WEAPONS 
              OF MASS DESTRUCTION.

    Section 2332a(a) of title 18, United States Code, is amended--
            (1) in paragraph (2), by striking ``or'' at the end;
            (2) in paragraph (3), by striking the comma at the end and 
        inserting ``; or''; and
            (3) by inserting after paragraph (3) the following:
            ``(4) against private property, including property used for 
        agricultural or livestock operations;''.
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