II 110th CONGRESS 1st Session S. 1804 IN THE SENATE OF THE UNITED STATES July 17, 2007 Mr. Burr (for himself and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To enhance the ability of the United States to prevent, prepare for, detect, and respond to agriculture and food emergencies.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the National Agriculture and Food Defense Act of 2007. (b)

Table of contents

The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Senses of Congress. Sec. 3. Definitions. TITLE I—National agriculture and food defense leadership, organization, and planning Sec. 101. Agriculture and food defense leadership, organization, and functions. Sec. 102. Leadership of the Department of Homeland Security. Sec. 103. Leadership in the Department of Agriculture. Sec. 104. Leadership in the Department of Health and Human Services. Sec. 105. National Agriculture and Food Defense Strategy. Sec. 106. National Veterinary Stockpile Advisory Committee. Sec. 107. Submission of integrated food defense budget. TITLE II—State agriculture and food defense activities Sec. 201. State agriculture and food defense activities. Sec. 202. Agricultural Biosecurity Corps. TITLE III—Partnerships with private sector Sec. 301. Coordinating councils. TITLE IV—National detection, response, and recovery laboratory networks Sec. 401. National detection, response, and recovery laboratory networks. Sec. 402. Integration of networks. Sec. 403. On-site rapid diagnostic tools. TITLE V—Decontamination and disposal Sec. 501. Sense of Congress. Sec. 502. Decontamination and disposal standards and plans. Sec. 503. Rural rendering capacity building. Sec. 504. Study relating to food irradiation.

2.

Senses of Congress

(a)

Sense of Congress regarding national security

It is the sense of Congress that— (1)the agriculture and food system in the United States is a fundamental element— (A)of the national security of the United States; (B)of the stability of the national economy; and (C)in the production of raw materials and energy in the United States; and (2)to protect the national security of the United States, the United States should protect and defend the agriculture and food system in the United States. (b)

Sense of Congress regarding One Medicine

It is the sense of Congress that— (1)many infectious diseases affect both humans and animals, and a significant number of those diseases cross over between the 2 different populations; and (2)to protect the human and animal health of the United States, the United States should develop a unified human and veterinary approach against infectious diseases that— (A)anticipates disease evolution; and (B)acts progressively. (c)

Sense of Congress regarding vulnerability

It is the sense of Congress that the agriculture and food system in the United States is vulnerable to diseases, pests, and poisonous agents that— (1)occur naturally; (2)are unintentionally introduced; or (3)are intentionally introduced by acts of terrorism. (d)

Sense of Congress regarding impact

It is the sense of Congress that the agriculture and food system in the United States is an extensive, open, interconnected, diverse, and complex structure that provides potential targets for acts of terrorism that could have catastrophic human health and economic impacts. (e)

Sense of Congress regarding human health

It is the sense of Congress that the health of the citizens of the United States is vulnerable to an attack on the agriculture and food system because— (1)certain animal diseases can affect humans; (2)animal populations can— (A)become reservoirs of disease; and (B)be used as amplifiers for the promotion of human disease; (3)food systems can become delivery mechanisms for diseases and poisonous agents; and (4)a highly contagious animal disease could seriously disrupt the food supply of the United States. (f)

Sense of Congress regarding layered defenses

It is the sense of Congress that Federal, State, local, and tribal governments and the private sector have a joint responsibility to collaboratively defend and protect the agriculture and food system in the United States through layered defenses established at the Federal, State, and local levels. (g)

Sense of Congress regarding policy

It is the sense of Congress that the United States should protect the agriculture and food system from terrorist attacks, major disasters, and other emergencies by— (1)identifying and prioritizing critical infrastructure and key resources to establish protection requirements; (2)developing awareness and early warning capabilities to recognize threats to the infrastructure and resources; (3)mitigating vulnerabilities of the infrastructure and resources at critical production and processing nodes; (4)enhancing screening procedures for domestic and imported products; (5)enhancing capabilities to track and trace domestic and imported products; and (6)enhancing response and recovery procedures.

3.

Definitions

In this Act: (1)

ABCorps

The term ABCorps means the Agricultural Biosecurity Corps carried out by the Secretary of Agriculture under section 202(a). (2)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency. (3)

Advisory Committee

The term Advisory Committee means the National Veterinary Stockpile Advisory Committee established under section 106(a). (4)

Agriculture and food defense

The term agriculture and food defense means the protection against, preparation for, and response to an intentional attack, adulteration, or contamination of, an agriculture or food product by a chemical, biological, or radiological agent, or other manmade incident or intentional act that affects marketing, processing, or transportation within the agriculture and food system. (5)

Assistant Secretary

The term Assistant Secretary means the Assistant Secretary for Health Affairs of the Department. (6)

Council

The term council means a Regional Agriculture and Food Defense Continuity of Business Council established by an appropriate State authority under section 201(d)(3)(A). (7)

Critical infrastructure

The term critical infrastructure has the meaning given the term in section 1016(e) of the USA PATRIOT Act of 2001 (42 U.S.C. 5195c(e)). (8)

Department

The term Department means the Department of Homeland Security. (9)

Director

The term Director means the Director of the Office of Management and Budget. (10)

Emergency response providers

The term emergency response providers has the meaning given the term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). (11)

Foreign animal disease

The term foreign animal disease means a transmissible livestock, poultry, or emerging animal disease that, as determined by the Secretary of Agriculture— (A)is not naturally occurring in the United States (including any territory of the United States); and (B)has the potential to significantly impact— (i)the health of the citizens of the United States; or (ii)the economy of the United States. (12)

HSPD–9

The term HSPD–9 means the Homeland Security Presidential Directive 9, dated January 30, 2004 (relating to the establishment of a national policy to defend the agriculture and food system against terrorist attacks, major disasters, and other emergencies) or any successor policy. (13)

Key resources

The term key resources has the meaning given the term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). (14)

National Incident Management System

The term National Incident Management System means the system developed pursuant to section 504(a)(5) the Homeland Security Act of 2002 (6 U.S.C. 314(a)(5)). (15)

National Response Plan

The term National Response Plan means the plan developed pursuant to section 504(a)(6) of the Homeland Security Act of 2002 (6 U.S.C. 314(a)(6)). (16)

Program

The term program means the Department of Homeland Security Agriculture and Food Defense Rotational Expertise Program established under section 102(b). (17)

Secretary

The term Secretary means the Secretary of Homeland Security. (18)

Secretary concerned

The term Secretary concerned means a group comprised of— (A)the Secretary of Agriculture; (B)the Secretary; and (C)the Secretary of Health and Human Services. (19)

Strategic National Stockpile

The term Strategic National Stockpile means the stockpile maintained by the Secretary of Health and Human Services under section 319F–2(a)(1) of the Public Service Health Act (42 U.S.C. 247d–6b(a)(1)). (20)

Strategy

The term strategy means the National Agriculture and Food Defense Strategy developed under section 105(a)(1). (21)

Under Secretary

The term Under Secretary means the individual appointed to the position of Under Secretary for Protection, Preparedness, and Response established by section 103(a).