I 
110TH CONGRESS 
1ST SESSION H. R. 1717 
To amend the Homeland Security Act of 2002 to establish a National Bio 
and Agro-defense Facility. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 27, 2007 
Mr. MCCAUL of Texas (for himself, Mr. PICKERING, Mr. LANGEVIN, Mr. 
THOMPSON of Mississippi, Mr. ETHERIDGE, and Ms. JACKSON-LEE of 
Texas) introduced the following bill; which was referred to the Committee 
on Homeland Security, and in addition to the Committees on Agriculture 
and Energy and Commerce, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To amend the Homeland Security Act of 2002 to establish 
a National Bio and Agro-defense Facility. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. NATIONAL BIO AND AGRO-DEFENSE FACILITY. 
(a) IN GENERAL.—Title III of the Homeland Secu-
rity Act of 2002 (6. U.S.C. 181 et seq.) is amended by 
adding at the end the following new section: 
VerDate Aug 31 2005 
03:28 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1717.IH
H1717
hmoore on PROD1PC68 with HMBILLS
‘‘SEC. 316. NATIONAL BIO AND AGRO-DEFENSE FACILITY. 
‘‘(a) ESTABLISHMENT.—There is in the Department 
a National Bio and Agro-defense Facility (referred to in 
this section as the ‘NBAF’), which shall be headed by a 
Director who shall be appointed by the Secretary. 
‘‘(b) PURPOSES.— 
‘‘(1) IN GENERAL.—The NBAF shall be an in-
tegrated human, foreign-animal, and zoonotic dis-
ease research, development, testing, and evaluation 
facility with the purpose of supporting the com-
plementary missions of the Department, the Depart-
ment of Agriculture, and the Department of Health 
and Human Services in defending against the threat 
of potential acts of agroterrorism and natural-occur-
ring incidents related to agriculture with the poten-
tial to adversely impact public health, animal health, 
and the economy, or may otherwise impact homeland 
security. 
‘‘(2) KNOWLEDGE
PRODUCTION
AND
SHAR-
ING.—The NBAF shall produce and share knowl-
edge and technology for the purpose of reducing eco-
nomic losses caused by foreign-animal, zoonotic, and, 
as appropriate, other endemic animal diseases of 
livestock and poultry and preventing human suf-
fering and death caused by diseases existing or 
emerging in the agricultural sector. 
VerDate Aug 31 2005 
03:28 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1717.IH
H1717
hmoore on PROD1PC68 with HMBILLS
‘‘(c) RESPONSIBILITIES
OF DIRECTOR.—The Sec-
retary shall vest in the Director primary responsibility for 
each of the following: 
‘‘(1) Directing basic, applied, and advanced re-
search, development, testing, and evaluation relating 
to foreign-animal, zoonotic, and, as appropriate, 
other endemic animal diseases, including foot and 
mouth disease, and performing related activities, in-
cluding— 
‘‘(A) developing countermeasures for for-
eign-animal, zoonotic, and, as appropriate, 
other 
endemic 
animal 
diseases, 
including 
diagnostics, vaccines and therapeutics; 
‘‘(B) providing advanced test and evalua-
tion capability for threat detection, vulner-
ability, and countermeasure assessment for for-
eign-animal, zoonotic, and, as appropriate, 
other endemic animal diseases; 
‘‘(C) conducting nonclinical, animal model 
testing and evaluation under the Food and 
Drug Administration’s Animal Rule as defined 
in parts 314 and 601 of title 22, Code of Fed-
eral Regulations, to support the development of 
human medical countermeasures by the Depart-
VerDate Aug 31 2005 
03:28 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1717.IH
H1717
hmoore on PROD1PC68 with HMBILLS
ment of Human Services under the Public 
Health Service Act (42 U.S.C. 201 et seq); 
‘‘(D) establishing NBAF information-shar-
ing mechanisms to share information with rel-
evant stakeholders, including the National Ani-
mal Health Laboratory Network; and 
‘‘(E) identifying and promoting uniform 
national 
standards 
for 
animal 
disease 
diagnostics. 
‘‘(2) Facilitating the coordination of Federal, 
State, and local governmental research and develop-
ment efforts and resources relating to protecting 
public health and animal health from foreign-animal, 
zoonotic, and, as appropriate, other endemic animal 
diseases. 
‘‘(3) Ensuring public safety during an emer-
gency by developing an emergency response plan 
under which emergency response providers in the 
community are sufficiently prepared or trained to re-
spond effectively and given sufficient notice to allow 
for an effective response. 
‘‘(4) Ensuring NBAF site and facility security. 
‘‘(5) Providing training to develop skilled re-
search and technical staff with the needed expertise 
VerDate Aug 31 2005 
03:28 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1717.IH
H1717
hmoore on PROD1PC68 with HMBILLS
in operations conducted at biological and agricul-
tural research facilities. 
‘‘(6) Leveraging the expertise of academic insti-
tutions, industry, the Department of Energy Na-
tional Laboratories, State and local governmental re-
sources, and professional organizations involved in 
veterinary, medical and public health, and agri-
culture issues to carry out functions describes in (1) 
and (2). 
‘‘(d) REQUIREMENTS.—The Secretary, in designing 
and constructing the NBAF, shall ensure that the facility 
meets the following requirements: 
‘‘(1) The NBAF shall consist of state-of-the-art 
biocontainment laboratories capable of performing 
research and activities at Biosafety Level 3 and 4, 
as designated by the Centers for Disease Control 
and Prevention and the National Institutes of 
Health. 
‘‘(2) The NBAF facility shall be located on a 
site of at least 30 acres that can be readily secured 
by physical measure. 
‘‘(3) The NBAF facility shall be at least 
500,000 square feet with a capacity of housing a 
minimum of 80 large animals for research, testing 
and evaluation. 
VerDate Aug 31 2005 
03:28 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1717.IH
H1717
hmoore on PROD1PC68 with HMBILLS
‘‘(4) The NBAF shall be located at a site with 
a preexisting utility infrastructure, or a utility infra-
structure that can be easily built. 
‘‘(5) The NBAF shall be located at a site that 
has been subject to an Environmental Impact State-
ment under the National Environmental Policy Act 
of 1969. 
‘‘(6) The NBAF shall be located within a rea-
sonable proximity to a national or regional airport 
and to major roadways. 
‘‘(e) AUTHORIZATION TO PROCURE REAL PROPERTY 
AND ACCEPT
IN KIND DONATIONS
FOR
THE NBAF 
SITE.—The Secretary may accept and use donations of 
real property for the NBAF site and may accept and use 
in-kind donations of real property, personal property, lab-
oratory and office space, utility services, and infrastruc-
ture upgrades for the purpose of assisting the Director 
in carrying out the responsibilities of the Director under 
this section. 
‘‘(f) APPLICABILITY OF OTHER LAWS.— 
‘‘(1) PUBLIC
BUILDINGS
ACT.—The NBAF 
shall not be considered a ‘‘public building’’ for pur-
poses of the Public Buildings Act of 1959 (40 
U.S.C. 3301 et seq.). 
VerDate Aug 31 2005 
03:28 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1717.IH
H1717
hmoore on PROD1PC68 with HMBILLS
‘‘(2) LIVE VIRUS OF FOOT AND MOUTH DISEASE 
RESEARCH.—The Secretary shall enable the study of 
live virus of foot and mouth disease at the NBAF, 
wherever it is sited, notwithstanding section 113a of 
title 21, United States Code. 
‘‘(g) COORDINATION.— 
‘‘(1) INTERAGENCY AGREEMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
enter into understandings or agreements with 
the heads of appropriate Federal departments 
and agencies, including the Secretary of Agri-
culture and the Secretary of Health and 
Human Services, to define the respective roles 
and responsibilities of each Department in car-
rying out foreign-animal, zoonotic, and other 
endemic animal disease research and develop-
ment at the NBAF to protect public health and 
animal health. 
‘‘(B) DEPARTMENT
OF
AGRICULTURE.— 
The understanding or agreement entered into 
with the Secretary of Agriculture shall include 
a provision describing research programs and 
functions of the Department of Agriculture and 
the Department of Homeland Security, includ-
ing those research programs and functions car-
VerDate Aug 31 2005 
03:28 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1717.IH
H1717
hmoore on PROD1PC68 with HMBILLS