[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2695 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 376
116th CONGRESS
  1st Session
                                S. 2695

To authorize the Secretary of Agriculture to provide for the defense of 
 United States agriculture and food through the National Bio and Agro-
               Defense Facility, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 24, 2019

 Mr. Roberts (for himself, Ms. Stabenow, Mr. Grassley, Mr. Moran, Ms. 
Smith, Mr. Blunt, Ms. Ernst, Mrs. Hyde-Smith, Mr. Boozman, Mr. Gardner, 
  Mr. Thune, Mr. Shelby, Mrs. Fischer, Mr. Braun, Mr. McConnell, Mr. 
 Hoeven, Mr. Leahy, Mr. Tester, Mr. Crapo, Mr. Casey, Mr. Perdue, Mr. 
 Rounds, and Mr. Durbin) introduced the following bill; which was read 
  twice and referred to the Committee on Agriculture, Nutrition, and 
                                Forestry

                           December 17, 2019

                Reported by Mr. Roberts, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of Agriculture to provide for the defense of 
 United States agriculture and food through the National Bio and Agro-
               Defense Facility, and for other purposes.

    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 ``National Bio and Agro-Defense 
Facility Act of 2019''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Animal.--The term ``animal'' has the meaning given the 
        term in section 10403 of the Animal Health Protection Act (7 
        U.S.C. 8302).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (3) Transboundary disease.--The term ``transboundary 
        disease'' has the meaning given the term in section 12203(a) of 
        the Agriculture Improvement Act of 2018 (7 U.S.C. 8914(a)).
            (4) Veterinary countermeasure.--The term ``veterinary 
        countermeasure'' has the meaning given the term in section 
        10403 of the Animal Health Protection Act (7 U.S.C. 8302).

SEC. 3. NATIONAL BIO AND AGRO-DEFENSE FACILITY.

<DELETED>    (a) In General.--The Secretary shall carry out the 
relevant responsibilities of the Secretary under Homeland Security 
Presidential Directive 9 (relating to the defense of United States 
agriculture and food) and the national biodefense strategy developed 
under section 1086 of the National Defense Authorization Act for Fiscal 
Year 2017 (6 U.S.C. 104) by acting, as appropriate, through the 
National Bio and Agro-Defense Facility as a national security 
laboratory asset of the national biodefense enterprise to provide 
integrated research, development, and test and evaluation 
infrastructure for defending against bio- and agro-terrorism 
threats.</DELETED>
<DELETED>    (b) Duties.--Pursuant to subsection (a), the Secretary 
shall use the National Bio and Agro-Defense Facility--</DELETED>
        <DELETED>    (1) to integrate agricultural, zoonotic disease, 
        and public health research;</DELETED>
        <DELETED>    (2) to address threats from human pathogens, high-
        consequence zoonotic disease agents, emerging foreign animal 
        diseases, and animal transboundary diseases;</DELETED>
        <DELETED>    (3) to address biological incidence 
        threats;</DELETED>
        <DELETED>    (4) to provide training; and</DELETED>
        <DELETED>    (5) to coordinate, partner, and share data and 
        information with the Secretary of Homeland Security, including 
        the support of the production of biological material threat 
        assessments.</DELETED>
    (a) In General.--The National Bio and Agro-Defense Facility shall 
be a national security laboratory asset to provide integrated research, 
development, test and evaluation infrastructure, and response 
capabilities for defending the United States against bio- and agro-
terrorism threats.
    (b) Duties.--Pursuant to subsection (a), the Secretary, the 
Secretary of Homeland Security, the Secretary of Health and Human 
Services, and the heads of other appropriate Federal departments and 
agencies shall use the National Bio and Agro-Defense Facility to 
protect the food supply, agriculture, and public health of the United 
States, including by--
            (1) integrating agricultural, zoonotic disease, and other 
        appropriate research;
            (2) addressing threats from high-consequence zoonotic 
        disease agents, emerging foreign animal diseases, and animal 
        transboundary diseases;
            (3) addressing biological incidence threats;
            (4) providing appropriate education and training to address 
        bio- and agro-defense threats and responses;
            (5) sharing data and related information with appropriate 
        Federal departments or agencies, as requested by the heads of 
        those departments or agencies, or as necessary, to support the 
        production of biological material threat assessments; and
            (6) coordinating, partnering, and sharing data and related 
        information to enhance the carrying out of the duties of the 
        National Bio and Agro-Defense Facility for the development of 
        priority zoonotic animal disease diagnostics, vaccines, drugs, 
        and other countermeasures.

SEC. 4. RESEARCH AND DEVELOPMENT.

    Pursuant to section 3, the Secretary shall carry out research and 
development objectives--
    Pursuant to section 3, the Secretary, the Secretary of Homeland 
Security, the Secretary of Health and Human Services, and the heads of 
other appropriate Federal departments and agencies shall continually 
establish shared priorities for the research to be conducted in the 
National Bio and Agro-Defense Facility and carry out research and 
development objectives at the National Bio and Agro-Defense Facility--
            (1) to develop veterinary countermeasures for emerging 
        foreign animal diseases and animal transboundary diseases;
            (2) to provide advance advanced test, diagnostic, and 
        evaluation capability for threat detection, vulnerability 
        assessment, and veterinary countermeasure assessment for animal 
        and zoonotic diseases; and
        <DELETED>    (3) for such other purposes as the Secretary 
        determines to be appropriate.</DELETED>

<DELETED>SEC. 5. EVALUATION.</DELETED>

<DELETED>    Pursuant to section 4, not less frequently than 
biennially, the Secretary, in coordination with the Secretary of 
Homeland Security and the heads of other relevant agencies, shall 
evaluate and update the strategic research plan for the National Bio 
and Agro-Defense Facility based on risk and threat 
assessments.</DELETED>

<DELETED>SEC. 6. AVAILABILITY OF DATA.</DELETED>

    (a) Congressional Report.--Every 6 months until diseases;
            (3) to assist, as appropriate, with the development, and 
        address vulnerability assessments, of the agriculture and food 
        sectors; and
            (4) for such other purposes as the Secretary, in 
        consultation with the Secretary of Homeland Security, the 
        Secretary of Health and Human Services, and the heads of other 
        appropriate Federal departments and agencies, determines to be 
        appropriate.

SEC. 5. EVALUATION AND PLAN.

    (a) In General.--Pursuant to section 4, not less frequently than 
biennially, the Secretary, in coordination with the Secretary of 
Homeland Security, the Secretary of Health and Human Services, and the 
heads of other appropriate Federal departments and agencies, shall--
            (1) evaluate the work of the National Bio and Agro-Defense 
        Facility;
            (2) publish a strategic research plan for the National Bio 
        and Agro-Defense Facility based on risk and threat assessments; 
        and
            (3) submit to the Committee on Agriculture, Nutrition, and 
        Forestry of the Senate, the Committee on Homeland Security and 
        Governmental Affairs of the Senate, the Committee on Health, 
        Education, Labor, and Pensions of the Senate, the Committee on 
        Agriculture of the House of Representatives, the Committee on 
        Homeland Security of the House of Representatives, and the 
        Committee on Energy and Commerce of the House of 
        Representatives the strategic research plan described in 
        paragraph (2).
    (b) Classified Information.--The strategic research plan required 
under subsection (a)(2)--
            (1) shall be published in an unclassified format that is 
        publically available;
            (2) shall be submitted under subsection (a)(3) in 
        unclassified form; and
            (3) may include in the submission under subsection (a)(3) a 
        classified annex for any sensitive or classified information, 
        as necessary.

SEC. 6. MEMORANDA OF AGREEMENT.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary shall enter into memoranda of agreement with the Secretary of 
Homeland Security, the Secretary of Health and Human Services, and the 
heads of other appropriate Federal departments and agencies for the 
use, operation, and research of the National Bio and Agro-Defense 
Facility by those Secretaries and department and agency heads.

SEC. 7. AVAILABILITY OF DATA AND CONGRESSIONAL BRIEFINGS.

    (a) In General.--Every 6 months until the date described in 
subsection (b), the Secretary and the Secretary of Homeland Security, 
as appropriate, shall submit provide to the Committees on Agriculture, 
Nutrition, and Forestry and Homeland Security and Governmental Affairs 
of the Senate and the Committees on Agriculture and Homeland Security 
of the House of Representatives a report and briefing describing--
            (1) progress under each phase described in the memorandum 
        of agreement entitled ``Memorandum of Agreement Between the 
        U.S. Department of Agriculture Marketing and Regulatory 
        Programs, the U.S. Department of Agriculture Research, 
        Education, and Economics, and the Department of Homeland 
        Security Science and Technology Directorate'' and dated June 
        20, 2019, that is not completed as of the date of enactment of 
        this Act; and
            (2) the operations and mission, including coordination, 
        under any successor memorandum of agreement, or similar joint 
        agreement or understanding, between the Department of 
        Agriculture
            (2) the status of completion of the memoranda of agreement 
        under section 6; and
            (3) the operations and mission of the National Bio and 
        Agro-Defense Facility, including the coordination and carrying 
        out of--
                    (A) the memoranda of agreement described in 
                paragraphs (1) and (2);
                    (B) any successor memoranda of agreement to the 
                memoranda of agreement described in paragraphs (1) and 
                (2); or
                    (C) any similar joint agreement or understanding 
                between the Department of Agriculture and the 
                Department of Homeland Security, or other relevant 
                agencies, that documents the biodefense mission of the 
                National Bio and Agro-Defense Facility.
    (b) Termination.--The reporting requirement and briefing 
requirements under subsection (a) shall terminate on the date that is 2 
5 years after the date on which the National Bio and Agro-Defense 
Facility attains full operating capability.
<DELETED>    (c) Effective Date.--This section shall take effect on the 
date of enactment of this Act.</DELETED>

<DELETED>SEC. 7. EFFECT.</DELETED>

SEC. 8. BUDGET AND REPORT.

    (a) Budget.--Concurrently with each budget submission to the 
Director of the Office of Management and Budget, the Secretary, the 
Secretary of Homeland Security, and the Secretary of Health and Human 
Services shall jointly submit to the Director of the Office of 
Management and Budget an integrated budget plan for the defense of the 
United States food system, including the operation and use of the 
National Bio and Agro-Defense Facility.
    (b) Report.--Not later than 60 days after the date on which the 
budget of the United States Government is submitted by the President 
under section 1105 of title 31, United States Code, for each fiscal 
year, the Secretary, the Secretary of Homeland Security, and the 
Secretary of Health and Human Services shall jointly submit to Congress 
a report describing an integrated budget plan described in subsection 
(a), which shall be consistent with the budget submission of the 
President under that section for the defense of the United States food 
system, including the operation and use of the National Bio and Agro-
Defense Facility.

SEC. 9. EFFECT.

    (a) In General.--Nothing in this Act requires the Secretary to have 
administrative jurisdiction over responsibility for operations of the 
National Bio and Agro-Defense Facility.
    (b) Transfer of Jurisdiction.--If administrative jurisdiction over 
responsibility for operations of the National Bio and Agro-Defense 
Facility is transferred from the Secretary to another Federal agency, 
any reference in this Act (other than section 6 7) to the Secretary 
shall be deemed to be a reference to the head of that Federal agency.

<DELETED>SEC. 8. EFFECTIVE DATE.</DELETED>

<DELETED>    Except for section 6, this Act shall take effect on the 
date on which all phases in the memorandum of agreement described in 
section 6(a)(1) are completed.</DELETED>

SEC. 10. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act 
shall take effect on the date on which the initial operating capability 
described in the memorandum of agreement described in section 7(a)(1) 
takes effect.
    (b) Exceptions.--Sections 7 and 8 shall take effect on the date of 
enactment of this Act.
                                                       Calendar No. 376

116th CONGRESS

  1st Session

                                S. 2695

_______________________________________________________________________

                                 A BILL

To authorize the Secretary of Agriculture to provide for the defense of 
 United States agriculture and food through the National Bio and Agro-
               Defense Facility, and for other purposes.

_______________________________________________________________________

                           December 17, 2019

                        Reported with amendments