[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 572 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 572

     To amend the Homeland Security Act of 2002 to give additional 
  biosecurity responsibilities to the Department of Homeland Security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2005

 Mr. Akaka (for himself and Mr. Durbin) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
     To amend the Homeland Security Act of 2002 to give additional 
  biosecurity responsibilities to the Department of Homeland Security.

    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 ``Homeland Security Food and 
Agriculture Act of 2005''.

SEC. 2. AGRICULTURAL BIOSECURITY.

    (a) In General.--Title VIII of the Homeland Security Act of 2002 (6 
U.S.C. 361 et seq.) 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 an activity 
                relating to--
                            ``(i) food, feed, and fiber production; or
                            ``(ii) the processing, marketing, 
                        distribution, use, or trade of food, feed, or 
                        fiber;
                    ``(B) a social science, such as--
                            ``(i) family and consumer science;
                            ``(ii) nutritional science;
                            ``(iii) food science and engineering; or
                            ``(iv) agricultural economics; and
                    ``(C) an environmental or natural resource science, 
                such as--
                            ``(i) forestry;
                            ``(ii) wildlife science;
                            ``(iii) fishery science;
                            ``(iv) aquaculture;
                            ``(v) floraculture; or
                            ``(vi) veterinary medicine.
            ``(3) Agroterrorist act.--
                    ``(A) In general.--The term `agroterrorist act' 
                means the criminal act, committed with the intent 
                described in subparagraph (B), of causing or attempting 
                to cause damage or harm (including destruction or 
                contamination) to--
                            ``(i) a crop;
                            ``(ii) livestock;
                            ``(iii) farm or ranch equipment;
                            ``(iv) material or property associated with 
                        agriculture; or
                            ``(v) a person engaged in an agricultural 
                        activity.
                    ``(B) Intent.--The term `agroterrorist act' means 
                an act described in subparagraph (A) that is committed 
                with the intent to--
                            ``(i) intimidate or coerce a civilian 
                        population; or
                            ``(ii) influence the policy of a government 
                        by intimidation or coercion.
            ``(4) Biosecurity.--
                    ``(A) In general.--The term `biosecurity' means 
                protection from the risk posed by a biological, 
                chemical, or radiological agent to--
                            ``(i) the agricultural economy;
                            ``(ii) the environment;
                            ``(iii) human health; or
                            ``(iv) plant or animal health.
                    ``(B)  Inclusions.--The term `biosecurity' includes 
                the exclusion, eradication, and control of a biological 
                agent that causes an agricultural disease.
            ``(5) Emergency response provider.--The term `emergency 
        response provider' includes any Federal, State, or local--
                    ``(A) emergency public safety professional;
                    ``(B) law enforcement officer;
                    ``(C) emergency medical professional (including an 
                employee of a hospital emergency facility);
                    ``(D) veterinarian or other animal health 
                professional; and
                    ``(E) related personnel, agency, or authority.
            ``(6) Suspect location.--The term `suspect location' means 
        a location that, as recognized by an element of the 
        intelligence community--
                    ``(A) has experienced, or may experience, an 
                agroterrorist act or an unusual disease; or
                    ``(B) has harbored, or may harbor, a person that 
                committed an agroterrorist act.

``SEC. 899B. AGRICULTURAL SECURITY RESPONSIBILITIES OF THE DEPARTMENT 
              OF HOMELAND SECURITY.

    ``(a) Coordination of Food and Agricultural Security.--
            ``(1) In general.--The Secretary shall establish and carry 
        out a program to protect the agriculture and food supply of the 
        United States from agroterrorist acts.
            ``(2) Program inclusions.--The program established pursuant 
        to paragraph (1) shall include provisions for--
                    ``(A) advising and coordinating with Federal, 
                State, local, regional, and tribal homeland security 
                officials regarding--
                            ``(i) preparedness for and the response to 
                        an agroterrorist act; and
                            ``(ii) the detection, prevention, and 
                        mitigation of an agroterrorist act; and
                    ``(B) executing the agriculture security 
                responsibilities of the Secretary described in Homeland 
                Security Presidential Directive 7 (December 17, 2003) 
                and Homeland Security Presidential Directive 9 
                (February 3, 2004).
    ``(b) Responsibilities.--
            ``(1) Secretary.--The Secretary shall have responsibility 
        for--
                    ``(A) increasing communication and coordination 
                among all Federal, State, local, regional, and tribal 
                emergency response providers regarding biosecurity;
                    ``(B) ensuring that each Federal, State, local, 
                regional, and tribal emergency response provider 
                understands and executes the role of that emergency 
                response provider in response to an agroterrorist 
                attack;
                    ``(C)(i) ensuring that State, local, and tribal 
                officials have adequate access to information and 
                resources at the Federal level; and
                    ``(ii) developing and implementing information-
                sharing procedures by which a Federal, State, local, 
                regional, or tribal emergency response provider can 
                share information regarding a biological threat, risk, 
                or vulnerability;
                    ``(D) coordinating with the Secretary of 
                Transportation to develop guidelines for restrictions 
                on the interstate transportation of an agricultural 
                commodity or product in response to an agricultural 
                disease;
                    ``(E) coordinating with the Administrator of the 
                Environmental Protection Agency in considering the 
                potential environmental impact of a response by 
                Federal, regional, State, local, and tribal emergency 
                response providers to an agricultural disease;
                    ``(F) working with Federal agencies (including the 
                Department of Agriculture and other elements of the 
                intelligence community) to improve the ability of 
                employees of the Department of Homeland Security to 
                identify a biological commodity or product, livestock, 
                and any other good that is imported from a suspect 
                location;
                    ``(G) coordinating with the Department of State to 
                provide the President and Federal agencies guidelines 
                for establishing a mutual assistance agreement with 
                another country, including an agreement--
                            ``(i) to provide training to veterinarians, 
                        public health workers, and agriculture 
                        specialists of the United States in the 
                        identification, diagnosis, and control of 
                        foreign diseases;
                            ``(ii) to provide resources and technical 
                        assistance personnel to a foreign government 
                        with limited resources; and
                            ``(iii) to participate in a bilateral or 
                        multilateral training program or exercise 
                        relating to biosecurity.
            ``(2) Undersecretary for emergency response and 
        preparedness.--The Undersecretary for Emergency Response and 
        Preparedness shall have responsibility for--
                    ``(A) not later than 180 days after the date of 
                enactment of this subtitle, cooperating with State, 
                local, and tribal homeland security officials to 
                establish State, local, and regional response plans for 
                an agricultural disease or agroterrorist act that 
                include--
                            ``(i) a comprehensive needs analyses to 
                        determine the appropriate investment 
                        requirements for responding to an agricultural 
                        disease or agroterrorist act;
                            ``(ii) a potential emergency management 
                        assistance compact and any other mutual 
                        assistance agreement between neighboring 
                        States; and
                            ``(iii) an identification of State and 
                        local laws (including regulations) and 
                        procedures that may affect the implementation 
                        of a State response plan; and
                    ``(B) not later than 90 days after the date of 
                enactment of this subtitle, establishing a task force 
                consisting of State and local homeland security 
                officials that shall--
                            ``(i) identify the best practices for 
                        carrying out a regional or State biosecurity 
                        program;
                            ``(ii) make available to State, local, and 
                        tribal governments a report that describes the 
                        best practices identified under clause (i); and
                            ``(iii) design and make available 
                        information (based on the best practices 
                        identified under clause (i)) concerning 
                        training exercises for emergency response 
                        providers in the form of printed materials and 
                        electronic media to--
                                    ``(I) managers of State, local, and 
                                tribal emergency response provider 
                                organizations; and
                                    ``(II) State health and 
                                agricultural officials.
    ``(c) Grants to Facilitate Participation of State and Local Animal 
Health Care Officials.--
            ``(1) In general.--The Office of State and Local 
        Coordination and Preparedness, in consultation with the 
        Undersecretary for Emergency Response and Preparedness and the 
        Secretary, shall establish a program under which the Secretary 
        shall 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 2006.''.
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