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


                                                       Calendar No. 224
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

                           September 27, 2005

               Reported by Ms. Collins, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Homeland Security Food and 
Agriculture Act of 2005''.</DELETED>

<DELETED>SEC. 2. AGRICULTURAL BIOSECURITY.</DELETED>

<DELETED>    (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:</DELETED>

       <DELETED>``Subtitle J--Agricultural Biosecurity</DELETED>

<DELETED>``SEC. 899A. DEFINITIONS.</DELETED>

<DELETED>    ``In this subtitle:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2)  Agriculture.--The term `agriculture' 
        includes--</DELETED>
                <DELETED>    ``(A) the science and practice of an 
                activity relating to--</DELETED>
                        <DELETED>    ``(i) food, feed, and fiber 
                        production; or</DELETED>
                        <DELETED>    ``(ii) the processing, marketing, 
                        distribution, use, or trade of food, feed, or 
                        fiber;</DELETED>
                <DELETED>    ``(B) a social science, such as--
                </DELETED>
                        <DELETED>    ``(i) family and consumer 
                        science;</DELETED>
                        <DELETED>    ``(ii) nutritional 
                        science;</DELETED>
                        <DELETED>    ``(iii) food science and 
                        engineering; or</DELETED>
                        <DELETED>    ``(iv) agricultural economics; 
                        and</DELETED>
                <DELETED>    ``(C) an environmental or natural resource 
                science, such as--</DELETED>
                        <DELETED>    ``(i) forestry;</DELETED>
                        <DELETED>    ``(ii) wildlife science;</DELETED>
                        <DELETED>    ``(iii) fishery science;</DELETED>
                        <DELETED>    ``(iv) aquaculture;</DELETED>
                        <DELETED>    ``(v) floraculture; or</DELETED>
                        <DELETED>    ``(vi) veterinary 
                        medicine.</DELETED>
        <DELETED>    ``(3) Agroterrorist act.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) a crop;</DELETED>
                        <DELETED>    ``(ii) livestock;</DELETED>
                        <DELETED>    ``(iii) farm or ranch 
                        equipment;</DELETED>
                        <DELETED>    ``(iv) material or property 
                        associated with agriculture; or</DELETED>
                        <DELETED>    ``(v) a person engaged in an 
                        agricultural activity.</DELETED>
                <DELETED>    ``(B) Intent.--The term `agroterrorist 
                act' means an act described in subparagraph (A) that is 
                committed with the intent to--</DELETED>
                        <DELETED>    ``(i) intimidate or coerce a 
                        civilian population; or</DELETED>
                        <DELETED>    ``(ii) influence the policy of a 
                        government by intimidation or 
                        coercion.</DELETED>
        <DELETED>    ``(4) Biosecurity.--</DELETED>
                <DELETED>    ``(A) In general.--The term `biosecurity' 
                means protection from the risk posed by a biological, 
                chemical, or radiological agent to--</DELETED>
                        <DELETED>    ``(i) the agricultural 
                        economy;</DELETED>
                        <DELETED>    ``(ii) the environment;</DELETED>
                        <DELETED>    ``(iii) human health; or</DELETED>
                        <DELETED>    ``(iv) plant or animal 
                        health.</DELETED>
                <DELETED>    ``(B)  Inclusions.--The term `biosecurity' 
                includes the exclusion, eradication, and control of a 
                biological agent that causes an agricultural 
                disease.</DELETED>
        <DELETED>    ``(5) Emergency response provider.--The term 
        `emergency response provider' includes any Federal, State, or 
        local--</DELETED>
                <DELETED>    ``(A) emergency public safety 
                professional;</DELETED>
                <DELETED>    ``(B) law enforcement officer;</DELETED>
                <DELETED>    ``(C) emergency medical professional 
                (including an employee of a hospital emergency 
                facility);</DELETED>
                <DELETED>    ``(D) veterinarian or other animal health 
                professional; and</DELETED>
                <DELETED>    ``(E) related personnel, agency, or 
                authority.</DELETED>
        <DELETED>    ``(6) Suspect location.--The term `suspect 
        location' means a location that, as recognized by an element of 
        the intelligence community--</DELETED>
                <DELETED>    ``(A) has experienced, or may experience, 
                an agroterrorist act or an unusual disease; 
                or</DELETED>
                <DELETED>    ``(B) has harbored, or may harbor, a 
                person that committed an agroterrorist act.</DELETED>

<DELETED>``SEC. 899B. AGRICULTURAL SECURITY RESPONSIBILITIES OF THE 
              DEPARTMENT OF HOMELAND SECURITY.</DELETED>

<DELETED>    ``(a) Coordination of Food and Agricultural Security.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Program inclusions.--The program established 
        pursuant to paragraph (1) shall include provisions for--
        </DELETED>
                <DELETED>    ``(A) advising and coordinating with 
                Federal, State, local, regional, and tribal homeland 
                security officials regarding--</DELETED>
                        <DELETED>    ``(i) preparedness for and the 
                        response to an agroterrorist act; and</DELETED>
                        <DELETED>    ``(ii) the detection, prevention, 
                        and mitigation of an agroterrorist act; 
                        and</DELETED>
                <DELETED>    ``(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).</DELETED>
<DELETED>    ``(b) Responsibilities.--</DELETED>
        <DELETED>    ``(1) Secretary.--The Secretary shall have 
        responsibility for--</DELETED>
                <DELETED>    ``(A) increasing communication and 
                coordination among all Federal, State, local, regional, 
                and tribal emergency response providers regarding 
                biosecurity;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C)(i) ensuring that State, local, and 
                tribal officials have adequate access to information 
                and resources at the Federal level; and</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) to provide resources and 
                        technical assistance personnel to a foreign 
                        government with limited resources; 
                        and</DELETED>
                        <DELETED>    ``(iii) to participate in a 
                        bilateral or multilateral training program or 
                        exercise relating to biosecurity.</DELETED>
        <DELETED>    ``(2) Undersecretary for emergency response and 
        preparedness.--The Undersecretary for Emergency Response and 
        Preparedness shall have responsibility for--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) a comprehensive needs 
                        analyses to determine the appropriate 
                        investment requirements for responding to an 
                        agricultural disease or agroterrorist 
                        act;</DELETED>
                        <DELETED>    ``(ii) a potential emergency 
                        management assistance compact and any other 
                        mutual assistance agreement between neighboring 
                        States; and</DELETED>
                        <DELETED>    ``(iii) an identification of State 
                        and local laws (including regulations) and 
                        procedures that may affect the implementation 
                        of a State response plan; and</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) identify the best practices 
                        for carrying out a regional or State 
                        biosecurity program;</DELETED>
                        <DELETED>    ``(ii) make available to State, 
                        local, and tribal governments a report that 
                        describes the best practices identified under 
                        clause (i); and</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) managers of State, 
                                local, and tribal emergency response 
                                provider organizations; and</DELETED>
                                <DELETED>    ``(II) State health and 
                                agricultural officials.</DELETED>
<DELETED>    ``(c) Grants to Facilitate Participation of State and 
Local Animal Health Care Officials.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this subsection 
        $5,000,000 for fiscal year 2006.''.</DELETED>

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 an 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.

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

    ``(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 and animal health and 
                plant disease specialists regarding biosecurity;
                    ``(B) ensuring that each Federal, State, local, 
                regional, and tribal emergency response provider, 
                animal health specialist, and plant disease specialist 
                understands and executes the role of that emergency 
                response provider, animal health specialist, or plant 
                disease specialist in response to an agroterrorist 
                attack;
                    ``(C)(i) ensuring that State, local, and tribal 
                officials have adequate access to biosecurity 
                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, animal 
                health specialist, or plant disease specialist 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 and animal health and plant disease 
                specialists to an agricultural disease;
                    ``(F) working with Federal agencies (including 
                other elements of the intelligence community and the 
                Department of Agriculture) to improve the ability of 
                employees of the Department to identify a biological 
                commodity or product, livestock, or any other good that 
                is imported from a suspect location, as determined by 
                the intelligence community;
                    ``(G) coordinating with the Department of State to 
                provide the President and Federal agencies guidelines 
                for establishing a mutual assistance agreement with 
                another country--
                            ``(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;
                    ``(H) not later than 1 year after the date of 
                enactment of this subtitle, cooperating with State, 
                local, and tribal homeland security officials to 
                establish State 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 Federal, 
                        State, and local laws (including regulations) 
                        and procedures that may affect the 
                        implementation of a State response plan; and
                    ``(I) 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 and animal health and plant disease 
                        specialists in the form of printed materials 
                        and electronic media to--
                                    ``(I) managers of State, local, and 
                                tribal emergency response provider, 
                                animal health, and plant disease 
                                specialist 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 shall establish a program under 
        which the Secretary shall provide grants to State and local 
        governments to facilitate the participation of State and local 
        agriculture security experts in community emergency planning 
        efforts.
            ``(2) Eligibility.--For purposes of the grant program 
        described in paragraph (1), animal health and plant disease 
        specialists, environmental regulators, farmers, ranchers, and 
        any other individual the Secretary determines to be 
        knowledgeable in agricultural security practices shall be 
        considered to be agriculture security experts.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $5,000,000 for 
        fiscal year 2006.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101) is 
amended by inserting after the item relating to section 899 the 
following:

                 ``Subtitle J--Agricultural Biosecurity

        ``Sec. 899a. Definitions.
        ``Sec. 899b. Agricultural security responsibilities of the 
                            Department.''.
                                                       Calendar No. 224

109th CONGRESS

  1st Session

                                 S. 572

_______________________________________________________________________

                                 A BILL

     To amend the homeland security act of 2002 to give additional 
  biosecurity responsibilities to the Department of Homeland Security.

_______________________________________________________________________

                           September 27, 2005

                       Reported with an amendment