[Congressional Record Volume 148, Number 100 (Monday, July 22, 2002)]
[Senate]
[Pages S7166-S7169]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 2767. A bill to enhance agricultural biosecurity in the United 
States through increased prevention, preparation, and response 
planning; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. AKAKA. Mr. President, I rise today to address the threat of 
bioterrorist attacks on American agriculture. Agricultural activity 
accounts for approximately 13 percent of the U.S. gross domestic 
product and nearly 17 percent of domestic employment.
  Agriculture is vital to the health and well-being of citizens in 
Hawaii and every State of the Union. Hawaii generates more than $1.9 
billion in agricultural sales, and agriculture directly or indirectly 
employs 38,000 people who provide Hawaiian agricultural products to 
domestic and foreign markets, especially to our trading partners in 
Canada and Japan.
  While Hawaii's agricultural economy was once dominated by sugarcane 
and pineapple, Hawaiian exports now include specialty exotic fruits, 
coffee macadamia nuts, vegetables, flowers, and nursery products. 
Virtually all of these crops are vulnerable to pests and diseases that 
are difficult to control when they are accidentally introduced to the 
islands.
  I am no stranger to the need to protect American agriculture from the 
menace of alien pests and diseases. Throughout my tenure on the House 
Agriculture Appropriations Subcommittee, I was proud to support 
important U.S. Department of Agriculture, USDA, programs such as the 
Animal and Plant Health Inspection Service, APHIS. APHIS serves as an 
agricultural disease watchdog at our borders and around our farms and 
plays a vital role in preventing the introduction of agricultural pests 
and diseases to Hawaii. As a Member of the Senate, my appreciation of 
these programs continues.
  A single outbreak of a highly contagious livestock illness such as 
foot and mouth disease, FMD, could cost the U.S. economy over $10 
billion. The 2001 FMD outbreak in Great Britain cost over $7 billion. 
In 2000, the Banana Bunchy Top Virus threatened the Island of Hawaii's 
$10 million banana industry. More recently, the state has

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seen an outbreak of the Papaya Ringspot Virus, which threatens a 
commodity that earned $16 million in 2000. An outbreak of FMD in Hawaii 
would threaten a $28 million milk industry and nearly $25 million worth 
of cattle and hogs.
  These figures do not take into account the indirect effects on 
Hawaii's economy if harsh restrictions were placed on travel in rural 
areas. During the 2001 outbreak of FMD in the United Kingdom, such 
travel restrictions were imposed to stop the spread of the disease. The 
cost to businesses directly affected by tourism was nearly as high as 
the cost to agriculture and the food chain. Clearly, the potential for 
disruption of our food supply and our economy would be devastating.
  My concerns are not unique to Hawaii. We must protect all of American 
agriculture, which is why I am introducing the Agriculture Security 
Preparedness Act of 2002. Federal agencies today are not as well 
prepared as they should be to respond to an agricultural disease 
emergency.
  My bill provides the USDA with the resource and the response 
mechanisms to protect American farmers, ranchers, and consumers from 
agroterrorism. An agricultural disease outbreak, whether of natural or 
deliberate origin, will require coordinated efforts by the USDA, the 
Federal Emergency Management Agency, FEMA, the Environmental Protection 
Agency, EPA, and the Departments of Health and Human Services, HHS, 
Transportation, DOT, and Justice, DOJ. This measure would give the USDA 
the needed authority and resources to cooperate and coordinate efforts 
with other federal agencies that have a stake in a rapid and effective 
response to agricultural disease events.
  My legislation improves the government's preparedness and response to 
outbreaks of foreign and emerging agricultural diseases by: Improving 
coordination between USDA and FEMA on preparedness and mitigation 
planning for agricultural disease emergencies; improving coordination 
between the USDA and the DOJ to review whether state and local laws 
might impede the rapid and effective implementation of emergency 
response measures; improving coordination between the USDA, and EPA, 
and regional and local disaster preparedness officials, to consider the 
potential environmental impacts of agricultural emergency response 
measures; establishing a public health liaison within the HHS to 
coordinate emergency response efforts with the USDA and the animal 
health and emergency management communities; and establishing clear 
guidelines for the DOT and USDA to enforce restrictions on interstate 
transportation in the event of an agricultural disease outbreak.
  The National Research Council report ``Making the Nation Safer: the 
Role of Science and Technology in Countering Terrorism,'' released in 
June, mirrors several other key provisions in my legislation. It calls 
for: Stronger ties to the intelligence community to identify specific 
threats to American agriculture; increased laboratory capacity for 
rapidly processing large volumes of clinical samples; development of 
rapid and sensitive disease diagnostic tools; development of improved 
livestock vaccines; the use of statisticians and computer models to 
understand the transmission of agricultural diseases during outbreaks; 
addressing environmental concerns for the disposal of contaminated 
crops and livestock; methods and standards for decontaminating areas 
where agricultural disease outbreaks occur; and communication and 
public awareness campaigns about the importance of research for 
protecting American agriculture.
  My legislation complements P.L. 107-188, the Public Health Security 
and Bioterrorism Preparedness and Response Act of 2002, which was 
signed into law on June 12, by increasing the USDA's ability to develop 
the resources and response mechanisms to contain and eradicate 
agricultural diseases when they are discovered on U.S. soil.
  By enacting this bill, we can help safeguard American consumers and 
American agriculture against threats to our food supply and economy. 
The money and effort spent on protection from agroterrorism should be 
viewed as a general investment against the routine threats of disease 
agents and pests that infest crops and livestock. I urge my colleagues 
to support this important legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2767

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Agriculture Security Preparedness Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                          TITLE I--PREVENTION

Sec. 101. Inclusion of agroterrorism in terrorist acts involving 
              weapons of mass destruction.
Sec. 102. Legal framework for agroterrorism.
Sec. 103. Study on feasibility of establishing a national agroterrorism 
              and ecoterrorism incident clearinghouse.
Sec. 104. International agricultural disease surveillance.
Sec. 105. Agricultural inspections.
Sec. 106. On-farm and on-ranch biosecurity.

                 TITLE II--PREPAREDNESS AND MITIGATION

Sec. 201. Interagency coordination.
Sec. 202. Planning.
Sec. 203. Exercises and training.
Sec. 204. Communication with the public.
Sec. 205. Vaccine development and disease research.
Sec. 206. Diagnostic and laboratory capacity.

                    TITLE III--RESPONSE AND RECOVERY

Sec. 301. Implementation of Federal, State, and local response plans.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Agricultural disease emergency.--The term 
     ``agricultural disease emergency'' means a plant or animal 
     disease outbreak that requires prompt action in order to 
     prevent injury or damage to people, plants, livestock, 
     property, the economy, or the environment, as determined by 
     the Secretary pursuant to section 415 of the Plant Protection 
     Act (7 U.S.C. 7715) or section 10407(b) of the Animal Health 
     Protection Act (7 U.S.C. 8306(b)).
       (3) Agriculture.--The term ``agriculture'' includes the 
     science and practice of activity relating to food, feed, and 
     fiber production, processing, marketing, distribution, use, 
     and trade, and also includes family and consumer sciences, 
     nutrition, food science and engineering, agricultural 
     economics and other social sciences, forestry, wildlife, 
     fisheries, 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 to cause or attempt to cause damage to 
     or destruction or contamination of a crop, livestock, farm or 
     ranch equipment, material, or other property, or a person 
     engaged in agricultural activity, committed with the intent 
     to intimidate or coerce a civilian population or to influence 
     the policy of a government by intimidation or coercion.
       (6) Biosecurity.--The term ``biosecurity'' means protection 
     from the risks posed by biological, chemical, or radiological 
     agents to plant and animal health, the agricultural economy, 
     the environment, and human health, including the exclusion, 
     eradication, and control of biological agents that cause 
     agricultural diseases.
       (7) Department.--The term ``Department'' means the 
     Department of Agriculture.
       (8) Ecoterrorism.--The term ``ecoterrorism'' means the use 
     of force or violence against a person or property to 
     intimidate or coerce all or part of a government or the 
     civilian population, in furtherance of a social goal in the 
     name of an environmental cause.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (10) Zoonotic agent.--The term ``zoonotic agent'' means any 
     bacterium, virus, parasite, or other biological entity that 
     is naturally transmissible from animals to humans.

                          TITLE I--PREVENTION

     SEC. 101. INCLUSION OF AGROTERRORISM IN TERRORIST ACTS 
                   INVOLVING WEAPONS OF MASS DESTRUCTION.

       It is the sense of Congress that, to formulate and 
     encourage international consensus regarding intentional acts 
     against agriculture and to facilitate disarmament 
     negotiations and international sanctions against weapons of 
     mass destruction, the United Nations Security Council should 
     include agroterrorism in the definition of a terrorist act 
     involving a weapon of mass destruction.

     SEC. 102. LEGAL FRAMEWORK FOR AGROTERRORISM.

       Section 2332a(a) of title 18, United States Code, is 
     amended--

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       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the comma at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) against private property, including property used for 
     agricultural or livestock operations.''.

     SEC. 103. STUDY ON FEASIBILITY OF ESTABLISHING A NATIONAL 
                   AGROTERRORISM AND ECOTERRORISM INCIDENT 
                   CLEARINGHOUSE.

       Not later than 240 days after the date of enactment of this 
     Act, the Attorney General, in conjunction with the Secretary, 
     shall submit to Congress a report on the feasibility and 
     estimated cost of establishing and maintaining a national 
     agroterrorism incident clearinghouse to gather information 
     for use in coordinating and assisting investigations on 
     incidents of--
       (1) agroterrorism committed against or directed at--
       (A) any animal or plant enterprise; or
       (B) any person, because of any actual or perceived 
     connection of the person with, or support by the person of, 
     agriculture; and
       (2) ecoterrorism.

     SEC. 104. 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 United States Agency for 
     International Development, shall submit to the appropriate 
     committees of Congress a report on measures taken by the 
     Secretary to--
       (1) streamline the process of notification by the Secretary 
     to Federal agencies in the event of outbreaks of agricultural 
     diseases in foreign countries; and
       (2) cooperate with representatives of foreign countries, 
     international organizations, and industry to devise and 
     implement methods of sharing information on international 
     plant and animal disease outbreaks and unusual agricultural 
     activities.

     SEC. 105. AGRICULTURAL INSPECTIONS.

       The Secretary shall--
       (1) cooperate with appropriate Federal intelligence 
     officials to improve the ability of the Department to 
     identify agricultural products, livestock, and other goods 
     imported from suspect locations recognized by the 
     intelligence community as having--
       (A) experienced agricultural terrorist activities or 
     unusual agricultural disease outbreaks; or
       (B) harbored agroterrorists;
       (2) use the information collected under paragraph (1) to 
     establish inspection priorities;
       (3) not later than 240 days after the date of enactment of 
     this Act, develop a plan to increase the laboratory capacity 
     of the Department and the effectiveness of the Department in 
     detecting the presence of pathogens and disease in 
     agricultural products; and
       (4) not later than 1 year after the date of enactment of 
     this Act, submit to the appropriate committees of Congress a 
     report that provides a description, and an estimate of the 
     costs, of the plan developed under paragraph (3).

     SEC. 106. ON-FARM AND ON-RANCH BIOSECURITY.

       (a) Biosecurity Guidelines.--
       (1) In general.--Not later than 240 days after the date of 
     enactment of this Act, in consultation with associations of 
     agricultural producers and taking into consideration the 
     research conducted under subtitle N of the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3351 et seq.), the Secretary shall--
       (A) develop guidelines--
       (i) to improve monitoring of vehicles and materials 
     entering or departing farm or ranch operations; and
       (ii) to control human traffic onto farm or ranch 
     operations; and
       (B) disseminate the guidelines to agricultural producers 
     through agricultural educational seminars and biosecurity 
     training sessions.
       (2) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated to 
     carry out this subsection--
       (i) $5,000,000 for fiscal year 2003; and
       (ii) such sums as are necessary for each fiscal year 
     thereafter.
       (B) Education program.--Of the amounts made available under 
     subparagraph (A), the Secretary may use such sums as are 
     necessary to establish in each State an education program to 
     distribute the biosecurity guidelines developed under 
     paragraph (1).
       (b) Biosecurity Grant Pilot Program.--
       (1) 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, in an amount not to exceed $10,000, for 
     agricultural producers to restructure farm and ranch 
     operations (based on the biosecurity guidelines developed 
     under subsection (a)(1)) to--
       (A) control access to farms or ranch property by persons 
     intending to commit an agroterrorist act;
       (B) prevent the introduction and spread of agricultural 
     diseases; and
       (C) take other measures to ensure biosecurity.
       (2) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report that--
       (A) describes the implementation of the program; and
       (B) makes recommendations on expansion of the program.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection--
       (A) $5,000,000 for fiscal year 2003; and
       (B) such sums as are necessary for each of fiscal years 
     2004 through 2007.

                 TITLE II--PREPAREDNESS AND MITIGATION

     SEC. 201. INTERAGENCY COORDINATION.

       (a) Agricultural Disease Emergency Management Liaison.--The 
     Director of the Federal Emergency Management Agency shall 
     establish a senior level position to serve, as a primary 
     responsibility, as a liaison for agricultural disease 
     emergency management between--
       (1) the Federal Emergency Management Agency;
       (2) the Department;
       (3) the emergency management community; and
       (4) the affected industries.
       (b) Transportation.--The Secretary of Transportation, in 
     consultation with the Secretary of Agriculture and the 
     Director of the Federal Emergency Management Agency, shall--
       (1) publish in the Federal Register proposed guidelines for 
     restrictions on interstate transportation of an agricultural 
     commodity or product in response to an agricultural disease 
     emergency created by a foreign or emerging disease affecting 
     the agricultural commodity or product;
       (2) provide for a comment period for the proposed 
     guidelines of not less than 90 days;
       (3) establish the final guidelines, taking into 
     consideration any comments received under paragraph (2); and
       (4) provide the guidelines to officers and employees of--
       (A) the Department;
       (B) the Department of Transportation; and
       (C) the Federal Emergency Management Agency.
       (c) 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 to serve, 
     as a primary responsibility, as a liaison between the 
     Department of Health and Human Services, the Department of 
     Agriculture, the animal health community, the emergency 
     management community, and industry.
       (d) Regional, State, and County Preparation.--The 
     Administrator, in consultation with the Secretary, shall 
     cooperate with regional, State, and local disaster 
     preparedness officials to include consideration of potential 
     environmental impacts of response activities when planning 
     responses to agricultural disease emergencies.

     SEC. 202. PLANNING.

       (a) Federal Response Plan.--Not later than 180 days after 
     the date of enactment of this Act, the Director of the 
     Federal Emergency Management Agency, in consultation with the 
     Secretary, shall examine, and revise as necessary, the 
     Emergency Support Functions of the Federal Response Plan, to 
     include the economic, environmental, and medical impacts of 
     naturally-occurring agricultural disease outbreaks and 
     agroterrorist acts in emergency response planning activities.
       (b) Local Response Planning.--The Secretary shall cooperate 
     with State agriculture officials, State and local emergency 
     managers, representatives from State land grant colleges, 
     research universities, agricultural producers, and 
     agricultural trade associations to establish local response 
     plans for foreign or emerging agricultural disease 
     emergencies.
       (c) Animal Care.--
       (1) In general.--The Director of the Federal Emergency 
     Management Agency, in consultation with the Secretary, shall 
     establish a program to provide grants to small communities to 
     facilitate the participation of State and local animal health 
     care officials in community emergency planning efforts.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for fiscal year 2003.
       (d) Modeling and Statistical Analyses.--
       (1) In general.--In consultation with the Steering 
     Committee of the National Animal Health Emergency Management 
     Systems and other stakeholders, the Secretary shall conduct a 
     study--
       (A) to determine the best use of epidemiologists, computer 
     modelers, and statisticians as members of the emergency 
     response task forces that handle foreign or emerging 
     agricultural disease emergencies; and
       (B) to identify the types of data that are not collected 
     but that would be 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 to--
       (A) the Director of the Federal Emergency Management 
     Agency; and
       (B) the heads of other appropriate governmental agencies 
     involved in agricultural disease emergency response planning.
       (e) Geographic Information System Grants.--
       (1) In general.--The Secretary shall establish a program to 
     provide grants to States to

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     develop capabilities to use geographic information systems 
     and statistical models for epidemiological assessments in the 
     event of agricultural disease emergencies.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection--
       (A) $2,500,000 for fiscal year 2003; and
       (B) such sums as are necessary for each fiscal year 
     thereafter.

     SEC. 203. EXERCISES AND TRAINING.

       (a) Best Practices.--The Director of the Federal Emergency 
     Management Agency, in consultation with the Secretary, 
     shall--
       (1) establish a task force, consisting of agricultural 
     producers and State and local emergency response officials, 
     to identify best practices for State regional agricultural 
     disaster exercise programs; and
       (2) distribute to States and localities a report that 
     describes the best practices.
       (b) Exercises.--On the basis of the identified best 
     practices, the Secretary shall design and distribute packages 
     of exercises for training, in the form of printed materials 
     and electronic media, for distribution to State and local 
     emergency managers and State agriculture officials.

     SEC. 204. COMMUNICATION WITH THE PUBLIC.

       (a) Education.--The Secretary, in consultation with 
     agricultural producers and trade associations, shall develop 
     a national education campaign--
       (1) to demonstrate the contribution of agriculture to the 
     well-being of people and economic prosperity of the United 
     States;
       (2) to improve the public image of agriculture in the 
     United States;
       (3) to increase public awareness about the potential for 
     negative economic and social effects that could result from 
     foreign or emerging agricultural diseases; and
       (4) to increase public awareness of the benefits of animal 
     and plant health research for preventing and responding to 
     agroterrorism.
       (b) Outreach.--The Secretary, in consultation with the 
     Director of the Federal Emergency Management Agency and the 
     Secretary of Health and Human Services, shall establish, as 
     part of agroterrorism preparedness efforts, a program to 
     encourage regional emergency management planners to--
       (1) develop cooperative relationships with agricultural 
     producers, trade associations, and local groups that promote 
     plant and animal health issues to explain to the public the 
     nature of potential agroterrorist threats and the reasons why 
     certain response measures need to be taken; and
       (2) prepare information in the form of brochures, 
     pamphlets, literature packets, CD ROMs, or other similar 
     forms, for distribution to the public in the event of a 
     foreign or emerging agricultural disease emergency.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary for fiscal year 
     2004 and each fiscal year thereafter to carry out this 
     section.

     SEC. 205. VACCINE DEVELOPMENT AND DISEASE RESEARCH.

       (a) In General.--In carrying out the foreign or emerging 
     diseases and pests program of the Department, the Secretary 
     shall establish a program to provide grants to colleges and 
     universities to identify and develop--
       (1) rapid diagnostic tests to identify plant and animal 
     diseases;
       (2) improved vaccines for animal diseases;
       (3) new diagnostic techniques to be used in distinguishing 
     between animals that test positive for exposure to an 
     infectious foreign or emerging animal disease as a result of 
     vaccination and those that test positive as a result of 
     having contracted the disease; and
       (4) techniques to disinfect areas where outbreaks of plant 
     or animal diseases occur.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $20,000,000 for fiscal year 2003; and
       (2) such sums as are necessary for each fiscal year 
     thereafter.

     SEC. 206. DIAGNOSTIC AND LABORATORY CAPACITY.

       (a) Research on Disease Diagnostic Kits.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of State, the Administrator of the United States 
     Agency for International Development, and representatives of 
     foreign countries, shall seek collaborative agricultural 
     research opportunities in foreign countries in which foreign 
     or emerging agricultural diseases are endemic, to test the 
     performance of disease diagnostic kits and disinfection 
     techniques that, because of low or no known incidence of 
     those agricultural diseases in the United States, have not 
     been adequately tested.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to expand overseas research collaboration 
     activities of the Department, including research on foreign 
     and emerging plant and animal diseases--
       (A) $25,000,000 for fiscal year 2003; and
       (B) such sums as are necessary for each fiscal year 
     thereafter.
       (b) Animal Disease Diagnostic Laboratories.--The Secretary 
     of Health and Human Services shall include animal disease 
     diagnostic laboratories in the Laboratory Response Network of 
     the Centers for Disease Control and Prevention.
       (c) Clinical Sample Screening.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary and 
     the Secretary of Health and Human Services shall jointly--
       (1) conduct a study to identify means of expanding 
     laboratory capabilities to screen and handle large quantities 
     of veterinary and human clinical samples for foreign or 
     emerging zoonotic agents in the event of an agricultural 
     emergency; and
       (2) submit to the appropriate committees of Congress a 
     report on the results of the study.
       (d) Study on Feasibility of Establishing a National Plant 
     Disease Laboratory.--Not later than 270 days after the date 
     of enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report on the 
     feasibility of establishing a national plant disease 
     laboratory, based on the model of the Centers for Disease 
     Control and Prevention, with the primary task of--
       (1) integrating and coordinating a nationwide system of 
     independent plant disease diagnostic laboratories, including 
     existing plant clinics maintained by land grant colleges and 
     universities; and
       (2) increasing the capacity, technical infrastructure, and 
     information sharing capabilities of laboratories described in 
     paragraph (1).

                    TITLE III--RESPONSE AND RECOVERY

     SEC. 301. IMPLEMENTATION OF FEDERAL, STATE, AND LOCAL 
                   RESPONSE PLANS.

       (a) Grant Program.--
       (1) In general.--Not later than 240 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Director of the Federal Emergency Management Agency, 
     shall establish a grant program to facilitate the 
     establishment of regional agricultural emergency response 
     networks.
       (2) Duties.--The regional networks established under 
     paragraph (1) shall serve as the basis for coordination by 
     Federal, State, and local officials and industry 
     representatives in the event of a foreign or emerging 
     agricultural disease emergency.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection--
       (A) $50,000,000 for fiscal year 2003; and
       (B) such sums as are necessary for each fiscal year 
     thereafter.
       (b) Review of Legal Authority.--
       (1) 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--
       (A) the extent to which those laws facilitate or impede the 
     implementation of current or proposed response plans with 
     respect to agricultural emergencies;
       (B) whether an injunction issued by a State court could--
       (i) delay the implementation of a Federal response plan; or
       (ii) affect the extent to which an infectious plant or 
     animal disease spreads; and
       (C) the types and extent of legal evidence that may be 
     required by State courts before a response plan may be 
     implemented.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General shall submit to 
     the appropriate committees of Congress a report that 
     describes the results of the review conducted under paragraph 
     (1) (including any recommendations of the Attorney General).
                                 ______