II 

109TH CONGRESS 

1ST SESSION S. 573 

To improve the response of the Federal Government to agroterrorism and 

agricultural diseases. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2005 

Mr. AKAKA (for himself and Mr. DURBIN) introduced the following bill; which 

was read twice and referred to the Committee on Agriculture, Nutrition, 

and Forestry 

A BILL 

To improve the response of the Federal Government to 

agroterrorism and agricultural diseases. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Agricultural Security 

5 Assistance Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AGRICULTURAL DISEASE.—The term ‘‘agri9 cultural disease’’ means an outbreak of a plant or 

10 animal disease, or a pest infestation, that requires 
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1 prompt action in order to prevent injury or damage 

2 to people, plants, livestock, property, the economy, 

3 or the environment. 

4 (2) AGRICULTURAL DISEASE EMERGENCY.— 

5 The term ‘‘agricultural disease emergency’’ means 

6 an agricultural disease that the Secretary determines 

7 to be an emergency under— 

8 (A) section 415 of the Plant Protection 

9 Act (7 U.S.C. 7715); or 

10 (B) section 10407(b) of the Animal Health 

11 Protection Act (7 U.S.C. 8306(b)). 

12 (3) AGRICULTURE.—The term ‘‘agriculture’’ in13 cludes— 

14 (A) the science and practice of activities 

15 relating to food, feed, and fiber production, 

16 processing, marketing, distribution, use, and 

17 trade; 

18 (B) family and consumer science, nutri19 tion, food science and engineering, agricultural 

20 economics, and other social sciences; and 

21 (C) forestry, wildlife science, fishery 

22 science, aquaculture, floraculture, veterinary 

23 medicine, and other environmental and natural 

24 resource sciences. 
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1 (4) AGROTERRORISM.—The term 

2 ‘‘agroterrorism’’ means the commission of an 

3 agroterrorist act. 

4 (5) AGROTERRORIST ACT.—The term 

5 ‘‘agroterrorist act’’ means a criminal act consisting 

6 of causing or attempting to cause damage or harm 

7 to, or destruction or contamination of, a crop, live8 stock, farm or ranch equipment, material or prop9 erty associated with agriculture, or a person engaged 

10 in agricultural activity, that is committed with the 

11 intent— 

12 (A) to intimidate or coerce a civilian popu13 lation; or 

14 (B) to influence the policy of a government 

15 by intimidation or coercion. 

16 (6) BIOSECURITY.— 

17 (A) IN GENERAL.—The term ‘‘biosecurity’’ 

18 means protection from the risks posed by bio19 logical, chemical, or radiological agents to— 

20 (i) plant or animal health; 

21 (ii) the agricultural economy; 

22 (iii) the environment; or 

23 (iv) human health. 

24 (B) INCLUSIONS.—The term ‘‘biosecurity’’ 

25 includes the exclusion, eradication, and control 
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1 of biological agents that cause plant or animal 

2 diseases. 

3 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

4 has the meaning given the term in section 4 of the 

5 Indian Self-Determination and Education Assistance 

6 Act (25 U.S.C. 450b). 

7 (8) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Agriculture. 

9 (9) TRIBAL GOVERNMENT.—The term ‘‘tribal 

10 government’’ means the governing body of an Indian 

11 tribe. 

12 SEC. 3. STATE AND LOCAL ASSISTANCE. 

13 (a) STUDY.— 

14 (1) IN GENERAL.—In consultation with the 

15 steering committee of the National Animal Health 

16 Emergency Management System and other stake17 holders, the Secretary shall conduct a study to— 

18 (A) determine the best use of epidemiolo19 gists, computer modelers, and statisticians as 

20 members of emergency response task forces 

21 that handle foreign or emerging agricultural 

22 disease emergencies; and 

23 (B) identify the types of data that are nec24 essary for proper modeling and analysis of agri25 cultural disease emergencies. 
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1 (2) REPORT.—Not later than 180 days after 

2 the date of enactment of this Act, the Secretary 

3 shall submit a report that describes the results of 

4 the study under paragraph (1) to— 

5 (A) the Secretary of Homeland Security; 

6 and 

7 (B) the head of any other agency involved 

8 in response planning for agricultural disease 

9 emergencies. 

10 (b) GEOGRAPHIC INFORMATION SYSTEM GRANTS.— 

11 (1) IN GENERAL.—The Secretary, in consulta12 tion with the Secretary of Homeland Security and 

13 the Secretary of the Interior, shall establish a pro14 gram under which the Secretary shall provide grants 

15 to States to develop capabilities to use a geographic 

16 information system or statistical model for an epide17 miological assessment in the event of an agricultural 

18 disease emergency. 

19 (2) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated to carry out 

21 this subsection— 

22 (A) $2,500,000 for fiscal year 2006; and 

23 (B) such sums as are necessary for each 

24 subsequent fiscal year. 

25 (c) BIOSECURITY AWARENESS AND PROGRAMS.— 
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1 (1) IN GENERAL.—The Secretary shall imple2 ment a public awareness campaign for farmers, 

3 ranchers, and other agricultural producers that em4 phasizes— 

5 (A) the need for heightened biosecurity on 

6 farms; and 

7 (B) reporting to the Department of Agri8 culture any agricultural disease anomaly. 

9 (2) ON-FARM BIOSECURITY.— 

10 (A) IN GENERAL.—Not later than 240 

11 days after the date of enactment of this Act, 

12 the Secretary, in consultation with associations 

13 of agricultural producers and taking into con14 sideration research conducted under the Na15 tional Agricultural Research, Extension, and 

16 Teaching Policy Act of 1977 (7 U.S.C. 3101 et 

17 seq.), shall— 

18 (i) develop guidelines— 

19 (I) to improve monitoring of vehi20 cles and materials entering or leaving 

21 farm or ranch operations; and 

22 (II) to control human traffic en23 tering or leaving farm or ranch oper24 ations; and 
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1 (ii) distribute the guidelines developed 

2 under clause (i) to agricultural producers 

3 through agricultural informational semi4 nars and biosecurity training sessions. 

5 (B) AUTHORIZATION OF APPROPRIA6 TIONS.— 

7 (i) IN GENERAL.—There are author8 ized to be appropriated to carry out this 

9 paragraph— 

10 (I) $5,000,000 for fiscal year 

11 2006; and 

12 (II) such sums as are necessary 

13 for each subsequent fiscal year. 

14 (ii) INFORMATION PROGRAM.—Of the 

15 amounts made available under clause (i), 

16 the Secretary may use such sums as are 

17 necessary to establish in each State an in18 formation program to distribute the bio19 security guidelines developed under sub20 paragraph (A)(i). 

21 (3) BIOSECURITY GRANT PILOT PROGRAM.— 

22 (A) INCENTIVES.— 

23 (i) IN GENERAL.—Not later than 240 

24 days after the date of enactment of this 

25 Act, the Secretary shall develop a pilot 
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1 program to provide incentives, in the form 

2 of grants or low-interest loans, to agricul3 tural producers to restructure farm and 

4 ranch operations (based on the biosecurity 

5 guidelines developed under paragraph 

6 (2)(A)(i)) to achieve the goals described in 

7 clause (ii). 

8 (ii) GOALS.—The goals referred to in 

9 clause (i) are— 

10 (I) to control access to farms and 

11 ranches by persons intending to com12 mit agroterrorist acts; 

13 (II) to prevent the introduction 

14 and spread of agricultural diseases; 

15 and 

16 (III) to take other measures to 

17 ensure biosecurity. 

18 (iii) LIMITATION.—The amount of a 

19 grant or low-interest loan provided under 

20 this paragraph shall not exceed $10,000. 

21 (B) REPORT.—Not later than 3 years after 

22 the date of enactment of this Act, the Secretary 

23 shall submit to Congress a report that— 

24 (i) describes the implementation of 

25 the pilot program; and 
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1 (ii) makes recommendations for ex2 panding the pilot program. 

3 (C) AUTHORIZATION OF APPROPRIA4 TIONS.—There are authorized to be appro5 priated to carry out this paragraph— 

6 (i) $5,000,000 for fiscal year 2006; 

7 and 

8 (ii) such sums as are necessary for 

9 each of fiscal years 2007 through 2009. 

10 SEC. 4. REGIONAL, STATE, AND LOCAL PREPAREDNESS. 

11 (a) ENVIRONMENTAL PROTECTION AGENCY.—The 

12 Administrator of the Environmental Protection Agency, in 

13 consultation with the Secretary, shall cooperate with re14 gional, State, and local disaster preparedness officials to 

15 include consideration of the potential environmental ef16 fects of a response activity in planning a response to an 

17 agricultural disease. 

18 (b) DEPARTMENT OF AGRICULTURE.—The Sec19 retary, in consultation with the Secretary of Homeland Se20 curity, shall— 

21 (1) develop and implement procedures to pro22 vide information to, and share information among, 

23 Federal, regional, State, tribal, and local officials re24 garding agricultural threats, risks, and 

25 vulnerabilities; and 
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1 (2) cooperate with State agricultural officials, 

2 State and local emergency managers, representatives 

3 from State land grant colleges and research univer4 sities, agricultural producers, and agricultural trade 

5 associations to establish local response plans for ag6 ricultural diseases. 

7 SEC. 5. INTERAGENCY COORDINATION. 

8 (a) AGRICULTURAL DISEASE LIAISONS.— 

9 (1) AGRICULTURAL DISEASE MANAGEMENT LI10 AISON.—The Secretary of Homeland Security shall 

11 establish a senior level position within the Federal 

12 Emergency Management Agency the primary re13 sponsibility of which is to serve as a liaison for agri14 cultural disease management between— 

15 (A) the Department of Homeland Security; 

16 and 

17 (B)(i) the Federal Emergency Manage18 ment Agency; 

19 (ii) the Department of Agriculture; 

20 (iii) other Federal agencies responsible for 

21 a response to an emergency relating to an agri22 culture disease; 

23 (iv) the emergency management commu24 nity; 
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1 (v) State emergency and agricultural offi2 cials; 

3 (vi) tribal governments; and 

4 (vii) industries affected by agricultural dis5 ease. 

6 (2) ANIMAL HEALTH CARE LIAISON.—The Sec7 retary of Health and Human Services shall establish 

8 within the Department of Health and Human Serv9 ices a senior level position the primary responsibility 

10 of which is to serve as a liaison between— 

11 (A) the Department of Health and Human 

12 Services; and 

13 (B)(i) the Department of Agriculture; 

14 (ii) the animal health community; 

15 (iii) the emergency management commu16 nity; 

17 (iv) tribal governments; and 

18 (v) industries affected by agricultural dis19 ease. 

20 (b) TRANSPORTATION.— 

21 (1) IN GENERAL.—The Secretary of Transpor22 tation, in consultation with the Secretary and the 

23 Secretary of Homeland Security, shall— 

24 (A) publish in the Federal Register pro25 posed guidelines for restrictions on interstate 
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1 transportation of an agricultural commodity or 

2 product in response to an agricultural disease; 

3 (B) provide for a comment period of not 

4 less than 90 days for the proposed guidelines; 

5 and 

6 (C) establish final guidelines, taking into 

7 consideration any comment received under sub8 paragraph (B); and 

9 (2) provide the guidelines described in para10 graph (1) to officers and employees of— 

11 (A) the Department of Agriculture; 

12 (B) the Department of Transportation; 

13 and 

14 (C) the Department of Homeland Security. 

15 SEC. 6. INTERNATIONAL ACTIVITIES. 

16 (a) INTERNATIONAL AGRICULTURAL DISEASE SUR17 VEILLANCE.—Not later than 1 year after the date of en18 actment of this Act, the Secretary, in consultation with 

19 the Secretary of State and the Administrator of the Agen20 cy for International Development, shall submit to Con21 gress a report that describes measures taken by the Sec22 retary to— 

23 (1) streamline the process of notification by the 

24 Secretary to Federal agencies in the event of an ag25 ricultural disease in a foreign country; and 
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1 (2) cooperate with representatives of foreign 

2 countries, international organizations, and industry 

3 to develop and implement methods of sharing infor4 mation relating to international agricultural diseases 

5 and unusual agricultural activities. 

6 (b) BILATERAL MUTUAL ASSISTANCE AGREE7 MENTS.—The Secretary of State, in coordination with the 

8 Secretary and the Secretary of Homeland Security, 

9 shall— 

10 (1) enter into mutual assistance agreements 

11 with other countries to provide and receive assist12 ance in the event of an agricultural disease, includ13 ing— 

14 (A) training for veterinarians and agri15 culture specialists of the United States in the 

16 identification, diagnosis, and control of foreign 

17 agricultural diseases; 

18 (B) providing resources and personnel to a 

19 foreign government with limited resources to re20 spond to an agricultural disease; and 

21 (C) bilateral training programs and exer22 cises relating to assistance provided under this 

23 paragraph; and 

24 (2) provide funding for a program or exercise 

25 described in paragraph (1)(C). 
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1 SEC. 7. ADDITIONAL STUDIES AND REPORTS. 

2 (a) VACCINES.—Not later than 180 days after the 

3 date of enactment of this Act, the Secretary shall conduct 

4 a study of, and submit to Congress a report that describes, 

5 the projected costs and benefits of developing ready-to-use 

6 vaccines against foreign animal diseases. 

7 (b) PLANT DISEASE LABORATORY.—Not later than 

8 270 days after the date of enactment of this Act, the Sec9 retary shall conduct a study of, and submit to Congress 

10 a report that describes, the feasibility of establishing a na11 tional plant disease laboratory based on the model of the 

12 Centers for Disease Control and Prevention, the primary 

13 task of which is to— 

14 (1) integrate and coordinate a nationwide sys15 tem of independent plant disease diagnostic labora16 tories, including plant clinics maintained by land 

17 grant colleges and universities; and 

18 (2) increase the capacity, technical infrastruc19 ture, and information-sharing capabilities of labora20 tories described in paragraph (1). 

21 SEC. 8. VETERINARIAN ACCREDITATION. 

22 Not later than 180 days after the date of enactment 

23 of this Act, the Secretary shall promulgate regulations re24 quiring that any veterinarian accredited by the Depart25 ment of Agriculture shall be trained to recognize foreign 

26 animal diseases. 
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1 SEC. 9. REVIEW OF LEGAL AUTHORITY. 

2 (a) IN GENERAL.—The Attorney General, in con3 sultation with the Secretary, shall conduct a review of 

4 State and local laws relating to agroterrorism and biosecu5 rity to determine— 

6 (1) the extent to which the laws facilitate or im7 pede the implementation of a current or proposed re8 sponse plan relating to an agricultural disease; 

9 (2) whether an injunction issued by a State 

10 court could— 

11 (A) delay the implementation of a Federal 

12 response plan described in paragraph (1); or 

13 (B) affect the extent to which an agricul14 tural disease spreads; and 

15 (3) the types and extent of legal evidence that 

16 may be required by a State court before a response 

17 plan described in paragraph (1) may be imple18 mented. 

19 (b) REPORT.—Not later than 1 year after the date 

20 of enactment of this Act, the Attorney General shall sub21 mit to Congress a report that describes the results of the 

22 review under subsection (a) (including any recommenda23 tions of the Attorney General). 

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