[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 573 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 573

To improve the response of the Federal Government to agroterrorism and 
                         agricultural diseases.


_______________________________________________________________________


                   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 Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To improve the response of the Federal Government to agroterrorism and 
                         agricultural diseases.

    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 ``Agricultural Security Assistance Act 
of 2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (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 agricultural 
        disease that the Secretary determines to be an emergency 
        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, material or 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; or
                            (iv) human health.
                    (B) Inclusions.--The term ``biosecurity'' includes 
                the exclusion, eradication, and control of biological 
                agents that cause plant or animal diseases.
            (7) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (9) Tribal government.--The term ``tribal government'' 
        means the governing body of an Indian tribe.

SEC. 3. STATE AND LOCAL ASSISTANCE.

    (a) Study.--
            (1) In general.--In consultation with the steering 
        committee of the National Animal Health Emergency Management 
        System and other stakeholders, the Secretary shall conduct a 
        study to--
                    (A) 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) identify the types of data that are necessary 
                for proper modeling and analysis of agricultural 
                disease emergencies.
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall submit a report that 
        describes the results of the study under paragraph (1) to--
                    (A) the Secretary of Homeland Security; and
                    (B) the head of any other agency involved in 
                response planning for agricultural disease emergencies.
    (b) Geographic Information System Grants.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of Homeland Security and the Secretary of the 
        Interior, shall establish a program under which the Secretary 
        shall provide grants to States to develop capabilities to use a 
        geographic information system or statistical model for an 
        epidemiological assessment in the event of an agricultural 
        disease emergency.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection--
                    (A) $2,500,000 for fiscal year 2006; and
                    (B) such sums as are necessary for each subsequent 
                fiscal year.
    (c) Biosecurity Awareness and Programs.--
            (1) In general.--The Secretary shall implement a public 
        awareness campaign for farmers, ranchers, and other 
        agricultural producers that emphasizes--
                    (A) the need for heightened biosecurity on farms; 
                and
                    (B) reporting to the Department of Agriculture any 
                agricultural disease anomaly.
            (2) On-farm biosecurity.--
                    (A) In general.--Not later than 240 days after the 
                date of enactment of this Act, the Secretary, 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.), shall--
                            (i) 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
                            (ii) distribute the guidelines developed 
                        under clause (i) to agricultural producers 
                        through agricultural informational seminars and 
                        biosecurity training sessions.
                    (B) Authorization of appropriations.--
                            (i) In general.--There are authorized to be 
                        appropriated to carry out this paragraph--
                                    (I) $5,000,000 for fiscal year 
                                2006; and
                                    (II) such sums as are necessary for 
                                each subsequent fiscal year.
                            (ii) Information program.--Of the amounts 
                        made available under clause (i), the Secretary 
                        may use such sums as are necessary to establish 
                        in each State an information program to 
                        distribute the biosecurity guidelines developed 
                        under subparagraph (A)(i).
            (3) Biosecurity grant pilot program.--
                    (A) Incentives.--
                            (i) In general.--Not later than 240 days 
                        after the date of enactment of this Act, the 
                        Secretary shall develop a pilot program to 
                        provide incentives, in the form of grants or 
                        low-interest loans, to agricultural producers 
                        to restructure farm and ranch operations (based 
                        on the biosecurity guidelines developed under 
                        paragraph (2)(A)(i)) to achieve the goals 
                        described in clause (ii).
                            (ii) Goals.--The goals referred to in 
                        clause (i) are--
                                    (I) to control access to farms and 
                                ranches by persons intending to commit 
                                agroterrorist acts;
                                    (II) to prevent the introduction 
                                and spread of agricultural diseases; 
                                and
                                    (III) to take other measures to 
                                ensure biosecurity.
                            (iii) Limitation.--The amount of a grant or 
                        low-interest loan provided under this paragraph 
                        shall not exceed $10,000.
                    (B) Report.--Not later than 3 years after the date 
                of enactment of this Act, the Secretary shall submit to 
                Congress a report that--
                            (i) describes the implementation of the 
                        pilot program; and
                            (ii) makes recommendations for expanding 
                        the pilot program.
                    (C) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph--
                            (i) $5,000,000 for fiscal year 2006; and
                            (ii) such sums as are necessary for each of 
                        fiscal years 2007 through 2009.

SEC. 4. REGIONAL, STATE, AND LOCAL PREPAREDNESS.

    (a) Environmental Protection Agency.--The Administrator of the 
Environmental Protection Agency, in consultation with the Secretary, 
shall cooperate with regional, State, and local disaster preparedness 
officials to include consideration of the potential environmental 
effects of a response activity in planning a response to an 
agricultural disease.
    (b) Department of Agriculture.--The Secretary, in consultation with 
the Secretary of Homeland Security, shall--
            (1) develop and implement procedures to provide information 
        to, and share information among, Federal, regional, State, 
        tribal, 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.

SEC. 5. INTERAGENCY COORDINATION.

    (a) Agricultural Disease Liaisons.--
            (1) Agricultural disease management liaison.--The Secretary 
        of Homeland Security shall establish a senior level position 
        within the Federal Emergency Management Agency the primary 
        responsibility of which is to serve as a liaison for 
        agricultural disease management between--
                    (A) the Department of Homeland Security; and
                    (B)(i) the Federal Emergency Management Agency;
                    (ii) the Department of Agriculture;
                    (iii) other Federal agencies responsible for a 
                response to an emergency relating to an agriculture 
                disease;
                    (iv) the emergency management community;
                    (v) State emergency and agricultural officials;
                    (vi) tribal governments; and
                    (vii) industries affected by agricultural disease.
            (2) 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 the primary 
        responsibility of which is to serve as a liaison between--
                    (A) the Department of Health and Human Services; 
                and
                    (B)(i) the Department of Agriculture;
                    (ii) the animal health community;
                    (iii) the emergency management community;
                    (iv) tribal governments; and
                    (v) industries affected by agricultural disease.
    (b) Transportation.--
            (1) In general.--The Secretary of Transportation, in 
        consultation with the Secretary and the Secretary of Homeland 
        Security, shall--
                    (A) publish in the Federal Register proposed 
                guidelines for restrictions on interstate 
                transportation of an agricultural commodity or product 
                in response to an agricultural disease;
                    (B) provide for a comment period of not less than 
                90 days for the proposed guidelines; and
                    (C) establish final guidelines, taking into 
                consideration any comment received under subparagraph 
                (B); and
            (2) provide the guidelines described in paragraph (1) to 
        officers and employees of--
                    (A) the Department of Agriculture;
                    (B) the Department of Transportation; and
                    (C) the Department of Homeland Security.

SEC. 6. INTERNATIONAL ACTIVITIES.

    (a) International Agricultural Disease Surveillance.--Not later 
than 1 year after the date of enactment of this Act, the Secretary, in 
consultation with the Secretary of State and the Administrator of the 
Agency for International Development, shall submit to Congress a report 
that describes measures taken by the Secretary to--
            (1) streamline the process of notification by the Secretary 
        to Federal agencies in the event of an agricultural disease in 
        a foreign country; and
            (2) cooperate with representatives of foreign countries, 
        international organizations, and industry to develop and 
        implement methods of sharing information relating to 
        international agricultural diseases and unusual agricultural 
        activities.
    (b) Bilateral Mutual Assistance Agreements.--The Secretary of 
State, in coordination with the Secretary and the Secretary of Homeland 
Security, shall--
            (1) enter into mutual assistance agreements with other 
        countries to provide and receive assistance in the event of an 
        agricultural disease, including--
                    (A) training for veterinarians and agriculture 
                specialists of the United States in the identification, 
                diagnosis, and control of foreign agricultural 
                diseases;
                    (B) providing resources and personnel to a foreign 
                government with limited resources to respond to an 
                agricultural disease; and
                    (C) bilateral training programs and exercises 
                relating to assistance provided under this paragraph; 
                and
            (2) provide funding for a program or exercise described in 
        paragraph (1)(C).

SEC. 7. ADDITIONAL STUDIES AND REPORTS.

    (a) Vaccines.--Not later than 180 days after the date of enactment 
of this Act, the Secretary shall conduct a study of, and submit to 
Congress a report that describes, the projected costs and benefits of 
developing ready-to-use vaccines against foreign animal diseases.
    (b) Plant Disease Laboratory.--Not later than 270 days after the 
date of enactment of this Act, the Secretary shall conduct a study of, 
and submit to Congress a report that describes, the feasibility of 
establishing a national plant disease laboratory based on the model of 
the Centers for Disease Control and Prevention, the primary task of 
which is to--
            (1) integrate and coordinate a nationwide system of 
        independent plant disease diagnostic laboratories, including 
        plant clinics maintained by land grant colleges and 
        universities; and
            (2) increase the capacity, technical infrastructure, and 
        information-sharing capabilities of laboratories described in 
        paragraph (1).

SEC. 8. VETERINARIAN ACCREDITATION.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall promulgate regulations requiring that any 
veterinarian accredited by the Department of Agriculture shall be 
trained to recognize foreign animal diseases.

SEC. 9. REVIEW OF LEGAL AUTHORITY.

    (a) In General.--The Attorney General, in consultation with the 
Secretary, shall conduct a review of State and local laws relating to 
agroterrorism and biosecurity to determine--
            (1) the extent to which the laws facilitate or impede the 
        implementation of a current or proposed response plan relating 
        to an agricultural disease;
            (2) whether an injunction issued by a State court could--
                    (A) delay the implementation of a Federal response 
                plan described in paragraph (1); 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 a State court before a response plan described in 
        paragraph (1) may be implemented.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Attorney General shall submit to Congress a report that 
describes the results of the review under subsection (a) (including any 
recommendations of the Attorney General).
                                 <all>