[Congressional Record Volume 149, Number 29 (Monday, February 24, 2003)]
[Senate]
[Pages S2596-S2600]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 427. A bill to amend the Homeland Security Act of 2002 to assist 
States and communities in preparing for and responding to threats to 
the agriculture of the United States; to the Committee on Agriculture, 
Nutrition, and Forestry.
      By Mr. AKAKA:
  S. 430. A bill to amend the Homeland Security Act of 2002 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 by introducing the 
Agriculture Security Preparedness Act, ASPA, and the Agriculture 
Security Assistance Act, ASAA.
  Thomas Jefferson described the four pillars of American prosperity as 
agriculture, manufacturing, commerce and navigation. Two hundred years 
later, our government is working to protect and defend all critical 
sectors of our society. But are we doing enough to protect American 
agriculture from either deliberate or naturally occurring disease 
outbreaks?
  Secretary of Health and Human Services Tommy Thompson stated in 
September 2002 that the administration has not paid enough attention to 
protecting agriculture while Secretary of Agriculture Ann Venneman 
stated that agricultural biosecurity is her highest priority.
  What is at risk when I speak of ``agricultural security?'' Quite 
simply, a threat to agriculture is a threat to the Nation. My 
legislation will assist efforts by the U.S. Department of Agriculture, 
USDA, new Department of Homeland Security, DHS, to ensure the first 
pillar of American prosperity.
  Agriculture terrorism can impact the safety of our food supply and 
public health. A large scale agricultural disaster, much like risks to 
our information and communication systems, also would undermine 
American economic security. Agricultural activity accounts for 
approximately 13 percent of the U.S. gross domestic product and nearly 
17 percent of domestic employment. Based on the economic damage caused 
by the 2001 foot and mouth disease, FMD, epidemic in Great Britain, a 
single outbreak of FMD could cost the U.S. economy over $10 billion.
  Every State has its own agricultural strengths and economy. My State 
of Hawaii generates more than $1.9 billion in agricultural sales. The 
agriculture sector employs, either directly or indirectly, 38,000 
people in Hawaii. The State's crops range from sugarcane and pineapple 
to coffee and macadamia nuts. However, Hawaii also has to $28 million 
milk industry and nearly $25 million worth of cattle and hogs. When the 
additional losses in tourism and travel are considered, we can see the 
economic impact on Hawaii or any State from an agricultural disease 
emergency would be devastating.
  Pests and diseases are difficult to control when they are introduced 
accidentally. According to a National Academy of Sciences study on 
agricultural security, a deliberate infestation demands even more 
precautions and research and development.
  The Agriculture Security Preparedness Act and the Agriculture 
Security Assistance Act give Federal and State partners responsible for 
responding to threats against our agriculture the tools they need to 
operate efficiently and effectively. Moreover, my legislation amends 
the Homeland Security Act to give agriculture security the attention it 
deserves as a component of our critical infrastructure.
  An agricultural disease outbreak, whether of natural or deliberate 
origin, will require coordinated efforts by the USDA, the Federal 
Emergency Management Agency, FEMA, and DHS, the Environmental 
Protection Agency, EPA, and the Departments of Health and Human 
Services, HHS, Defense, Transportation, and Justice. USDA is the lead 
agency in responding to agricultural emergencies and has created a 
homeland defense council and increased border inspection and research 
activities. These are promising steps. I am happy to see that the USDA 
and FEMA are in the process of drafting a national response plan for 
emerging agriculture diseases. My legislation will compliment these 
efforts and encourage coordination and preparedness on the Federal, 
State, regional, and local level.

  The Agriculture Security Preparedness Act will enhance agricultural 
biosecurity through strengthened interagency and international 
coordination. The Act will establish senior level liaisons in DHS and 
HHS to coordinate with USDA on agriculture disease emergency management 
and response. My legislation also tasks DHS and USDA to work with the 
Department of Transportation to address one of the largest risk factors 
in controlling the spread of a plant or animal disease--the movement of 
animals, plants, and people between and around farms.
  Agricultural disease outbreaks will continue to be rare occurrences 
in the United States. However, high-risk animal and plant diseases are 
endemic in some part of the world. The Agriculture Security 
Preparedness Act will help train American veterinarians and emergency 
responders, and provide much needed help overseas, through bilateral 
mutual aid agreements. The

[[Page S2597]]

Act also directs the Department of Justice and USDA to take a long-
overdue look at local and State laws that may impede or contradict 
response plans for an agricultural disease emergency.
  The Agricultural Security Assistance Act will assist States and 
communities preparing for and responding to threats to the Nation's 
agriculture. Rapid detection and swift response is imperative to 
contain the spread of any disease, and my bill will help remove delays 
and impediments for local and state officials responding to outbreaks.
  The bill directs USDA to work with each State to develop and 
implement response plans. My legislation establishes grant programs for 
communities and states to incorporate modeling and geographic 
information systems into planning and response activities totaling over 
$15 million. This funding also will help animal health professionals 
participate in community emergency planning activities and assist 
farmers and ranchers strengthen the biosecurity measures on their own 
property.
  In most cases of a suspected or actual agricultural disease outbreak, 
initial response will come from the impacted community and State. 
Federal resources, coordinated by USDA, will augment State 
capabilities. Federal assistance and guidance also is needed long 
before an outbreak occurs. My legislation will increase Federal, State, 
and local abilities to develop resources and response mechanisms to 
contain and eradicate agricultural diseases when they are discovered on 
U.S. soil.
  I ask unanimous consent that the text of the bills be printed in the 
Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                 S. 427

       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 ``Agriculture Security 
     Assistance Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) some agricultural diseases pose a direct threat to 
     human health;
       (2) economic sabotage, in the form of agroterrorism, is 
     also a concern;
       (3) the United States has an $80,000,000,000 livestock 
     industry;
       (4) an outbreak of an agricultural disease, whether 
     naturally occurring or intentionally introduced, could--
       (A) have a profound impact on the infrastructure, economy, 
     and export markets of the United States; and
       (B) erode consumer confidence in the Federal Government and 
     the safety of the food supply of the United States;
       (5) as with human health and bioterrorism preparedness, 
     enhancing current monitoring and response mechanisms to deal 
     with a deliberate act of agricultural terrorism would 
     strengthen the ability of the United States to diagnose and 
     respond quickly to any animal health crisis;
       (6)(A) activities to ensure the biosecurity of farms are an 
     important tool in preventing--
       (i) the intentional or accidental introduction of an 
     agricultural disease; and
       (ii) the spread of an introduced agricultural disease into 
     an outbreak; and
       (B) most surveys of producers indicate discouraging and 
     dangerous trends in basic elements of farm security 
     activities;
       (7)(A) a national response plan, developed by the 
     Department of Agriculture and the Federal Emergency 
     Management Agency, would determine how interdependent 
     agricultural health and emergency management response 
     functions will be coordinated to ensure an orderly, 
     immediate, and unified response to all aspects of an outbreak 
     of an agricultural disease;
       (B) the Department of Agriculture, in cooperation with 
     State and industry partners, would implement the plan as 
     needed; and
       (C) State and local partners would need assistance to 
     implement their shares of the plan;
       (8) States and communities also require assistance to 
     prepare and plan for agricultural disasters;
       (9)(A) rapid detection of an agricultural disease is 
     imperative in containing the spread of the agricultural 
     disease; and
       (B) potential delays and difficulty in detection may 
     complicate decisions regarding appropriate control measures; 
     and
       (10)(A) planning for a response to an outbreak of an 
     agricultural disease will vary from State to State, 
     reflecting--
       (i) the level of awareness;
       (ii) the perception of risk;
       (iii) competing time demands; and
       (iv) the availability of resources; and
       (B) State response capability would be significantly 
     enhanced if State agricultural and emergency management 
     officials were to jointly develop a comprehensive 
     agricultural disease response plan.

     SEC. 3. AGRICULTURE SECURITY ASSISTANCE.

       (a) In General.--Title VIII of the Homeland Security Act of 
     2002 (Public Law 107-296; 116 Stat. 2220) is amended by 
     adding at the end the following:

             ``Subtitle J--Agriculture Security Assistance

     ``SEC. 899A. DEFINITIONS.

       ``In this subtitle:
       ``(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 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, 
     as determined by the Secretary of Agriculture 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, a material, any 
     other 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; and
       ``(iv) human health.
       ``(B) Inclusions.--The term `biosecurity' includes the 
     exclusion, eradication, and control of biological agents that 
     cause agricultural diseases.

     ``SEC. 899B. RESPONSE PLANS.

       ``(a) In General.--
       ``(1) State plans.--The Secretary of Agriculture, in 
     consultation with the Director of the Federal Emergency 
     Management Agency, shall assist States in developing and 
     implementing State plans for responding to outbreaks of 
     agricultural diseases.
       ``(2) Required elements.--Each State response plan shall 
     include--
       ``(A) identification of available authorities and resources 
     within the State that are needed to respond to an outbreak of 
     an agricultural disease;
       ``(B) identification of--
       ``(i) potential risks and threats due to agricultural 
     activity in the State; and
       ``(ii) the vulnerabilities to those risks and threats;
       ``(C) potential emergency management assistance compacts 
     and other mutual aid agreements with neighboring States; and
       ``(D) identification of local and State legal statutes or 
     precedents that may affect the implementation of a State 
     response plan.
       ``(3) Regional and national response plans.--The Secretary 
     of Agriculture shall work with States in developing regional 
     and national response plans to carry out this subsection.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary for fiscal year 2004 and each 
     fiscal year thereafter.
       ``(b) Modeling and Statistical Analyses.--
       ``(1) In general.--In consultation with the Steering 
     Committee of the National Animal Health Emergency Management 
     System and other stakeholders, the Secretary of Agriculture 
     shall conduct a study--
       ``(A) to 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) 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 subtitle, the Secretary of Agriculture 
     shall submit a report that describes the results of the study 
     to--
       ``(A) the Secretary of Homeland Security; and
       ``(B) the heads of other appropriate governmental agencies 
     involved in response planning for agricultural disease 
     emergencies.

[[Page S2598]]

       ``(c) Geographic Information System Grants.--
       ``(1) In general.--The Secretary of Agriculture, in 
     consultation with the Secretary of Homeland Security and the 
     Secretary of the Interior, shall establish a program to 
     provide grants to States to 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 2004; and
       ``(B) such sums as are necessary for each fiscal year 
     thereafter.
       ``(d) Grants To Facilitate Participation of State and Local 
     Animal Health Care Officials.--
       ``(1) In general.--The Secretary of Homeland Security, in 
     coordination with the Secretary of Agriculture, shall 
     establish a program to provide grants to 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 2004.

     ``SEC. 899C. BIOSECURITY AWARENESS AND PROGRAMS.

       ``(a) In General.--The Secretary of Agriculture shall 
     implement a public awareness campaign for farmers, ranchers, 
     and other agricultural producers that emphasizes--
       ``(1) the need for heightened biosecurity on farms; and
       ``(2) the reporting of agricultural disease anomalies.
       ``(b) On-Farm Biosecurity.--
       ``(1) In general.--Not later than 240 days after the date 
     of enactment of this subtitle, 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.), the Secretary of Agriculture 
     shall--
       ``(A) 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
       ``(B) disseminate the guidelines to agricultural producers 
     through agricultural education 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 2004; 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 of Agriculture may use 
     such sums as are necessary to establish in each State an 
     education program to distribute the biosecurity guidelines 
     developed under paragraph (1).
       ``(c) Biosecurity Grant Pilot Program.--
       ``(1) In general.--Not later than 240 days after the date 
     of enactment of this subtitle, the Secretary of Agriculture 
     shall develop a pilot program to provide incentives, in the 
     forms of grants or low-interest loans, each 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 (b)(1))--
       ``(A) to control access to farms or ranches by persons 
     intending to commit an agroterrorist act;
       ``(B) to prevent the introduction and spread of 
     agricultural diseases; and
       ``(C) to take other measures to ensure biosecurity.
       ``(2) Report.--Not later than 3 years after the date of 
     enactment of this subtitle, the Secretary of Agriculture 
     shall submit to the appropriate committees of Congress a 
     report that--
       ``(A) describes the implementation of the pilot program; 
     and
       ``(B) makes recommendations on expansion of the pilot 
     program.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection--
       ``(A) $5,000,000 for fiscal year 2004; and
       ``(B) such sums as are necessary for each of fiscal years 
     2005 through 2007.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by adding at the end of the 
     items relating to title VIII the following:

             ``Subtitle J--Agriculture Security Assistance

``Sec. 899A. Definitions.
``Sec. 899B. Response plans.
``Sec. 899C. Biosecurity awareness and programs.''.
                                  ____


                                 S. 430

       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. Findings.
Sec. 3. Agricultural biosecurity.

                 ``Subtitle J--Agricultural Biosecurity

``Sec. 899A. Definitions.

                 ``Chapter 1--Interagency Coordination

``Sec. 899D. Agricultural disease liaisons.
``Sec. 899E. Transportation.
``Sec. 899F. Regional, State, and local preparation.
``Sec. 899G. Study on feasibility of establishing a national plant 
              disease laboratory.

                 ``Chapter 2--International Activities

``Sec. 899J. International agricultural disease surveillance.
``Sec. 899K. Inspections of imported agricultural products.
``Sec. 899L. Bilateral mutual assistance agreements.

                    ``Chapter 3--Response Activities

``Sec. 899O. Study on feasibility of establishing a national 
              agroterrorism and ecoterrorism incident clearinghouse.
``Sec. 899P. Review of legal authority.
``Sec. 899Q. Information sharing.

Sec. 4. Inclusion of agroterrorism in terrorist acts involving weapons 
              of mass destruction.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the intentional use of agricultural disease agents to 
     attack United States agriculture threatens an industry that 
     accounts for approximately 13 percent of the gross domestic 
     product of the United States;
       (2) the economic impact of a worst-case agricultural 
     disease affecting multiple farms in multiple States could be 
     measured in billions of dollars, including the costs of 
     eradication, production losses, and other market 
     repercussions;
       (3) agricultural diseases can be naturally occurring (such 
     as the outbreak of foot-and-mouth disease in Great Britain 
     during 2001) or intentionally created by malicious actors;
       (4) risk factors affecting the spread of a plant or animal 
     disease include--
       (A) animal density;
       (B) animal and plant concentration points (such as auction 
     markets, sale barns, and grain lots);
       (C) plant and animal movement;
       (D) individuals moving on and off farms;
       (E) wildlife; and
       (F) weather conditions;
       (5) the rapid and widespread movement of animals and crops 
     is an integral part of United States agriculture and the 
     principle means by which an agricultural disease will spread 
     if an agricultural disease occurs;
       (6) response planning and mitigation requires the 
     coordination between the animal health and agricultural 
     community, transportation officials, and representatives of 
     the shipping and trucking industry;
       (7) the United States Department of Agriculture and State 
     departments of agriculture have responsibility for the 
     protection of the agricultural resources of the United 
     States;
       (8) in the event of an agricultural disease, the Department 
     of Agriculture and State departments of agriculture will need 
     the support and resources of other Federal, State, and local 
     agencies that carry out traditional emergency management and 
     response functions;
       (9) while the introduction of an infectious foreign animal 
     disease (such as foot-and-mouth disease) will be the primary 
     threat addressed by an agricultural security plan, the 
     principles used to prevent, detect, control, or eradicate 
     such a disease will apply to large-scale outbreaks of other 
     diseases and other agricultural diseases that affect 
     agriculture;
       (10) numerous Federal agencies have authorities and 
     responsibilities relating to public, animal, and wildlife 
     health, safety, and management;
       (11) the highest priority of the United States, in 
     connection with agricultural diseases, is to prevent the 
     introduction of, detect, control, and eradicate an 
     agricultural disease as quickly as practicable and return the 
     United States to a disease-free status;
       (12)(A) the Incident Command System was adopted by the 
     National Fire Academy as the model system of the Academy in 
     1987 and was later endorsed by the International Association 
     of Chiefs of Police and the American Public Works 
     Association;
       (B) the Incident Command System is used by many Federal 
     agencies, such as the Environmental Protection Agency and the 
     United States Fire Administration, while responding to 
     emergencies; and
       (C) the Secretary of Agriculture, acting through the Animal 
     and Plant Health Inspection Service, should incorporate the 
     Incident Command System in all agricultural disaster 
     emergency response plans; and
       (13) since agricultural diseases will continue to be rare 
     occurrences in the United States, the Department of 
     Agriculture and Federal, State, and local partners will need 
     to reinforce preparedness, training, and response 
     mechanisms--
       (A) through an all-hazard approach to all agricultural 
     disaster emergencies; and
       (B) by gaining field experience in foreign countries where 
     high-risk agricultural diseases are endemic.

     SEC. 3. AGRICULTURAL BIOSECURITY.

       (a) In General.--Title VIII of the Homeland Security Act of 
     2002 (Public Law 107-296; 116 Stat. 2220) is amended by 
     adding at the end the following:

[[Page S2599]]

                 ``Subtitle J--Agricultural Biosecurity

     ``SEC. 899A. DEFINITIONS.

       ``In this subtitle:
       ``(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) 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.
       ``(3) Agroterrorism.--The term `agroterrorism' means the 
     commission of an agroterrorist act.
       ``(4) 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, a material, any 
     other 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.
       ``(5) 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; and
       ``(iv) human health.
       ``(B) Inclusions.--The term `biosecurity' includes the 
     exclusion, eradication, and control of biological agents that 
     cause plant or animal diseases.
       ``(6) 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.

                 ``CHAPTER 1--INTERAGENCY COORDINATION

     ``SEC. 899D. AGRICULTURAL DISEASE LIAISONS.

       ``(a) agricultural Disease Management Liaison.--The 
     Secretary shall establish a senior level position within the 
     Federal Emergency Management Agency to serve, as a primary 
     responsibility, as a liaison for agricultural disease 
     management between--
       ``(1) the Department; and
       ``(2)(A) the Federal Emergency Management Agency;
       ``(B) the Department of Agriculture;
       ``(C) other Federal agencies responsible for agriculture 
     disease emergency response;
       ``(D) the emergency management community;
       ``(E) State emergency officials and agricultural officials; 
     and
       ``(F) affected industries.
       ``(b) 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--
       ``(1) the Department of Health and Human Services; and
       ``(2)(A) the Department of Agriculture;
       ``(B) the animal health community;
       ``(C) the emergency management community; and
       ``(D) affected industries.

     ``SEC. 899E. TRANSPORTATION.

       ``The Secretary of Transportation, in consultation with the 
     Secretary of Agriculture and the Secretary, 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;
       ``(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 of Agriculture;
       ``(B) the Department of Transportation; and
       ``(C) the Department .

     ``SEC. 899F. REGIONAL, STATE, AND LOCAL PREPARATION.

       ``(a) Environmental Protection Agency.--The Administrator 
     of the Environmental Protection Agency, in consultation with 
     the Secretary of Agriculture, shall cooperate with regional, 
     State, and local disaster preparedness officials to include 
     consideration of potential environmental impacts of response 
     activities in planning responses to agricultural diseases.
       ``(b) Department of Agriculture.--The Secretary of 
     Agriculture, in consultation with the Secretary, shall--
       ``(1) develop and implement information-sharing procedures 
     to provide information to and share information among 
     Federal, regional, State, 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.
       ``(c) Federal Emergency Management Agency.--The Director of 
     the Federal Emergency Management Agency, in consultation with 
     the Secretary of Agriculture, shall--
       ``(1) establish a task force, consisting of agricultural 
     producers and State and local emergency response officials, 
     to identify best practices for regional and State 
     agricultural disease programs;
       ``(2) distribute to States and localities a report that 
     describes the best practices; and
       ``(3) design and distribute packages containing exercises 
     for training, based on the identified best practices, in the 
     form of printed materials and electronic media, for 
     distribution to State and local emergency managers and State 
     agricultural officials.

     ``SEC. 899G. STUDY ON FEASIBILITY OF ESTABLISHING A NATIONAL 
                   PLANT DISEASE LABORATORY.

       ``Not later than 270 days after the date of enactment of 
     this subtitle, the Secretary of Agriculture 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 
     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).

                 ``CHAPTER 2--INTERNATIONAL ACTIVITIES

     ``SEC. 899J. INTERNATIONAL AGRICULTURAL DISEASE SURVEILLANCE.

       ``Not later than 1 year after the date of enactment of this 
     subtitle, the Secretary of Agriculture, 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 of Agriculture--
       ``(1) to streamline the process of notification by the 
     Secretary of Agriculture to Federal agencies in the event of 
     agricultural diseases in foreign countries; and
       ``(2) to cooperate with representatives of foreign 
     countries, international organizations, and industry to 
     devise and implement methods of sharing information on 
     international agricultural diseases and unusual agricultural 
     activities.

     ``SEC. 899K. INSPECTIONS OF IMPORTED AGRICULTURAL PRODUCTS.

       ``The Secretary shall--
       ``(1) cooperate with the Secretary of Agriculture and 
     appropriate Federal intelligence officials to improve the 
     ability of the Department of Agriculture to identify 
     agricultural commodities and products, livestock, and other 
     goods imported from suspect locations recognized by the 
     intelligence community as having--
       ``(A) experienced agricultural terrorist activities or 
     unusual agricultural diseases; or
       ``(B) harbored agroterrorists; and
       ``(2) use the information collected under paragraph (1) to 
     establish inspection priorities.

     ``SEC. 899L. BILATERAL MUTUAL ASSISTANCE AGREEMENTS.

       ``The Secretary of State, in coordination with the 
     Secretary of Agriculture and the Secretary, shall--
       ``(1) enter into mutual assistance agreements with other 
     countries for assistance in the event of an agricultural 
     disease--
       ``(A) to provide training to veterinarians and agriculture 
     specialists of the United States in the identification, 
     diagnosis, and control of foreign agricultural diseases;
       ``(B) to provide resources and personnel to foreign 
     governments with limited resources to respond to agricultural 
     diseases; and
       ``(C) to participate in bilateral training programs and 
     exercises; and
       ``(2) provide funding for personnel to participate in 
     related exchange and training programs.

                    ``CHAPTER 3--RESPONSE ACTIVITIES

     ``SEC. 899O. STUDY ON FEASIBILITY OF ESTABLISHING A NATIONAL 
                   AGROTERRORISM AND ECOTERRORISM INCIDENT 
                   CLEARINGHOUSE.

       ``Not later than 240 days after the date of enactment of 
     this subtitle, the Attorney General, in conjunction with the 
     Secretary of Agriculture, shall submit to the appropriate 
     committees of 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 plant or animal 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.

[[Page S2600]]

     ``SEC. 899P. REVIEW OF LEGAL AUTHORITY.

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

     ``SEC. 899Q. INFORMATION SHARING.

       ``The Secretary of Agriculture, in cooperation with the 
     Attorney General, shall develop and implement a system to 
     share information during all stages of an agroterrorist 
     act.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by adding at the end of the 
     items relating to title VIII the following:

                 ``Subtitle J--Agricultural Biosecurity

``Sec. 899A. Definitions.

                 ``Chapter 1--Interagency Coordination

``Sec. 899D. Agricultural disease liaisons.
``Sec. 899E. Transportation.
``Sec. 899F. Regional, State, and local preparation.
``Sec. 899G. Study on feasibility of establishing a national plant 
              disease laboratory.

                 ``Chapter 2--International Activities

``Sec. 899J. International agricultural disease surveillance.
``Sec. 899K. Inspections of imported agricultural products.
``Sec. 899L. Bilateral mutual assistance agreements

         ``Chapter 3--Legal Definitions and Response Activities

``Sec. 899O. Study on feasibility of establishing a national 
              agroterrorism and ecoterrorism incident clearinghouse.
``Sec. 899P. Review of legal authority.
``Sec. 899Q. Information sharing.''.

     SEC. 4. INCLUSION OF AGROTERRORISM IN TERRORIST ACTS 
                   INVOLVING WEAPONS OF MASS DESTRUCTION.

       Section 2332a(a) of title 18, United States Code, is 
     amended--
       (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;''.
                                 ______