National Bio and Agro-Defense Facility Act of 2019

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. 1. Short title This Act may be cited as the National Bio and Agro-Defense Facility Act of 2019 2. Definitions In this Act: (1) Animal The term animal 7 U.S.C. 8302 (2) Secretary The term Secretary (3) Transboundary disease The term transboundary disease 7 U.S.C. 8914(a) (4) Veterinary countermeasure The term veterinary countermeasure 7 U.S.C. 8302 3. National Bio and Agro-Defense Facility (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 (b) Duties Pursuant to subsection (a), the Secretary shall use the National Bio and Agro-Defense Facility— (1) to integrate agricultural, zoonotic disease, and public health research; (2) to address threats from human pathogens, high-consequence zoonotic disease agents, emerging foreign animal diseases, and animal transboundary diseases; (3) to address biological incidence threats; (4) to provide training; and (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. (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. 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 diseases; and (3) for such other purposes as the Secretary determines to be appropriate. 5. Evaluation 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. 6. Availability of data (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. 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. 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. 7. Availability of data and congressional briefings (a) In general Every 6 months until submit provide and briefing (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 (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 (b) Termination The reporting requirement and briefing requirements 2 5 (c) Effective date This section shall take effect on the date of enactment of this Act. 7. Effect 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. 9. Effect (a) In general Nothing in this Act requires the Secretary to have administrative jurisdiction over responsibility for operations of (b) Transfer of jurisdiction If administrative jurisdiction over responsibility for operations of 6 7 8. Effective date 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. 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. December 17, 2019 Reported with amendments

Summary: National Bio and Agro-Defense Facility Act of 2019 This bill provides statutory authority for the Department of Agriculture (USDA) to act through the National Bio and Agro-Defense Facility to provide integrated research, development, and response capabilities to defend U.S. agriculture and food against bio- and agro-terrorism threats. Specifically, the bill requires USDA to use the facility to implement research and development objectives to (1) develop veterinary countermeasures for emerging foreign animal diseases and animal transboundary diseases; (2) provide advanced test, diagnostic, and evaluation capability for threat detection, vulnerability assessment, and veterinary countermeasure assessment for animal and zoonotic diseases; and (3) assist with the development, and address vulnerability assessments, of the agriculture and food sectors. USDA must also evaluate the work of the facility and publish an unclassified strategic research plan for the facility based on risk and threat assessment.