1.
This Act may be cited as the
Agricultural Security Assistance Act
of 2005
.
2.
In this Act:
(1)
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)
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)
The term
agroterrorism means the commission of an agroterrorist act.
(5)
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)
(A)
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)
The term
biosecurity includes the exclusion, eradication, and control of
biological agents that cause plant or animal diseases.
(7)
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)
The term
Secretary
means the Secretary of Agriculture.
(9)
The term tribal
government means the governing body of an Indian tribe.
3.
State and local assistance
(a)
(1)
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)
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)
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)
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)
(A)
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)
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)
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)
(i)
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)
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)
The amount of a grant or
low-interest loan provided under this paragraph shall not exceed
$10,000.
(B)
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.
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.
5.
(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)
(1)
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.
6.
(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).
7.
Additional studies and reports
(a)
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)
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).
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.
9.
Review of legal authority
(a)
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)
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).