H. R. 3448—86
SEC. 332. EXPANSION OF FOOD SAFETY INSPECTION SERVICE ACTIVI-
TIES.
(a) IN GENERAL.—The Secretary of Agriculture may utilize
existing authorities to give high priority to enhancing and
expanding the capacity of the Food Safety Inspection Service to
conduct activities to—
(1) enhance the ability of the Service to inspect and ensure
the safety and wholesomeness of meat and poultry products;
(2) improve the capacity of the Service to inspect inter-
national meat and meat products, poultry and poultry products,
and egg products at points of origin and at ports of entry;
(3) strengthen the ability of the Service to collaborate with
relevant agencies within the Department of Agriculture and
with other entities in the Federal Government, the States,
and Indian tribes (as defined in section 4(e) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(e))) through the sharing of information and technology;
and
(4) otherwise expand the capacity of the Service to protect
against the threat of bioterrorism.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section, $15,000,000 for fiscal
year 2002, and such sums as may be necessary for each subsequent
fiscal year.
SEC. 333. BIOSECURITY UPGRADES AT THE DEPARTMENT OF AGRI-
CULTURE.
There is authorized to be appropriated for fiscal year 2002,
$180,000,000 for the purpose of enabling the Agricultural Research
Service to conduct building upgrades to modernize existing facilities,
of which (1) $100,000,000 shall be allocated for renovation,
updating, and expansion of the Biosafety Level 3 laboratory and
animal research facilities at the Plum Island Animal Disease Center
(Greenport, New York), and of which (2) $80,000,000 shall be allo-
cated for the Agricultural Research Service/Animal and Plant
Health Inspection Service facility in Ames, Iowa. There are author-
ized to be appropriated such sums as may be necessary for fiscal
years 2003 through 2006 for the purpose described in the preceding
sentence, for the planning and design of an Agricultural Research
Service biocontainment laboratory for poultry research in Athens,
Georgia, and for the planning, updating, and renovation of the
Arthropod-Borne Animal Disease Laboratory in Laramie, Wyoming.
SEC. 334. AGRICULTURAL BIOSECURITY.
(a) SECURITY AT COLLEGES AND UNIVERSITIES.—
(1) GRANTS.—The Secretary of Agriculture (referred to in
this section as the ‘‘Secretary’’) may award grants to covered
entities to review security standards and practices at their
facilities in order to protect against bioterrorist attacks.
(2) COVERED ENTITIES.—Covered entities under this sub-
section are colleges or universities that—
(A) are colleges or universities as defined in section
1404 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103); and
(B) have programs in food and agricultural sciences,
as defined in such section.
H. R. 3448—87
(3) LIMITATION.—Each individual covered entity may be
awarded one grant under paragraph (1), the amount of which
shall not exceed $50,000.
(4) 
CONTRACT
AUTHORITY.—Colleges 
and 
universities
receiving grants under paragraph (1) may use such grants
to enter into contracts with independent private organizations
with established and demonstrated security expertise to conduct
the security reviews specified in such paragraph.
(b) GUIDELINES FOR AGRICULTURAL BIOSECURITY.—
(1) IN
GENERAL.—The Secretary may award grants to
associations of food producers or consortia of such associations
for the development and implementation of educational pro-
grams to improve biosecurity on farms in order to ensure the
security of farm facilities against potential bioterrorist attacks.
(2) LIMITATION.—Each individual association eligible under
paragraph (1) may be awarded one grant under such paragraph,
the amount of which shall not exceed $100,000. Each consor-
tium eligible under paragraph (1) may be awarded one grant
under such paragraph, the amount of which shall not exceed
$100,000 per association participating in the consortium.
(3) CONTRACT AUTHORITY.—Associations of food producers
receiving grants under paragraph (1) may use such grants
to enter into contracts with independent private organizations
with established and demonstrated expertise in biosecurity to
assist in the development and implementation of educational
programs to improve biosecurity specified in such paragraph.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each fiscal year.
SEC. 335. AGRICULTURAL BIOTERRORISM RESEARCH AND DEVELOP-
MENT.
(a) IN GENERAL.—The Secretary of Agriculture (referred to
in this section as the ‘‘Secretary’’) may utilize existing research
authorities and research programs to protect the food supply of
the United States by conducting and supporting research activities
to—
(1) enhance the capability of the Secretary to respond in
a timely manner to emerging or existing bioterrorist threats
to the food and agricultural system of the United States;
(2) develop new and continue partnerships with institutions
of higher education and other institutions to help form stable,
long-term programs to enhance the biosecurity and food safety
of the United States, including the coordination of the develop-
ment, implementation, and enhancement of diverse capabilities
for addressing threats to the nation’s agricultural economy
and food supply, with special emphasis on planning, training,
outreach, and research activities related to vulnerability anal-
yses, incident response, detection, and prevention technologies;
(3) strengthen coordination with the intelligence commu-
nity to better identify research needs and evaluate materials
or information acquired by the intelligence community relating
to potential threats to United States agriculture;
(4) expand the involvement of the Secretary with inter-
national organizations dealing with plant and animal disease
control;
H. R. 3448—88
(5) continue research to develop rapid detection field test
kits to detect biological threats to plants and animals and
to provide such test kits to State and local agencies preparing
for or responding to bioterrorism;
(6) develop an agricultural bioterrorism early warning
surveillance system through enhancing the capacity of and
coordination between State veterinary diagnostic laboratories,
Federal and State agricultural research facilities, and public
health agencies; and
(7) otherwise improve the capacity of the Secretary to pro-
tect against the threat of bioterrorism.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section, $190,000,000 for fiscal
year 2002, and such sums as may be necessary for each subsequent
fiscal year.
SEC. 336. ANIMAL ENTERPRISE TERRORISM PENALTIES.
(a) IN GENERAL.—Section 43(a) of title 18, United States Code,
is amended to read as follows:
‘‘(a) OFFENSE.—Whoever—
‘‘(1) travels in interstate or foreign commerce, or uses or
causes to be used the mail or any facility in interstate or
foreign commerce for the purpose of causing physical disruption
to the functioning of an animal enterprise; and
‘‘(2) intentionally damages or causes the loss of any prop-
erty (including animals or records) used by the animal enter-
prise, or conspires to do so,
shall be punished as provided for in subsection (b).’’.
(b) PENALTIES.—Section 43(b) of title 18, United States Code,
is amended to read as follows:
‘‘(b) PENALTIES.—
‘‘(1) ECONOMIC DAMAGE.—Any person who, in the course
of a violation of subsection (a), causes economic damage not
exceeding $10,000 to an animal enterprise shall be fined under
this title or imprisoned not more than 6 months, or both.
‘‘(2) MAJOR ECONOMIC DAMAGE.—Any person who, in the
course of a violation of subsection (a), causes economic damage
exceeding $10,000 to an animal enterprise shall be fined under
this title or imprisoned not more than 3 years, or both.
‘‘(3) SERIOUS
BODILY
INJURY.—Any person who, in the
course of a violation of subsection (a), causes serious bodily
injury to another individual shall be fined under this title
or imprisoned not more than 20 years, or both.
‘‘(4) DEATH.—Any person who, in the course of a violation
of subsection (a), causes the death of an individual shall be
fined under this title and imprisoned for life or for any term
of years.’’.
(c) RESTITUTION.—Section 43(c) of title 18, United States Code,
is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the end;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(3) for any other economic damage resulting from the
offense.’’.
H. R. 3448—89
TITLE IV—DRINKING WATER SECURITY
AND SAFETY
SEC. 401. TERRORIST AND OTHER INTENTIONAL ACTS.
The Safe Drinking Water Act (title XIV of the Public Health
Service Act) is amended by inserting the following new section
after section 1432:
‘‘SEC. 1433. TERRORIST AND OTHER INTENTIONAL ACTS.
‘‘(a) VULNERABILITY ASSESSMENTS.—(1) Each community water
system serving a population of greater than 3,300 persons shall
conduct an assessment of the vulnerability of its system to a ter-
rorist attack or other intentional acts intended to substantially
disrupt the ability of the system to provide a safe and reliable
supply of drinking water. The vulnerability assessment shall
include, but not be limited to, a review of pipes and constructed
conveyances, physical barriers, water collection, pretreatment, treat-
ment, storage and distribution facilities, electronic, computer or
other automated systems which are utilized by the public water
system, the use, storage, or handling of various chemicals, and
the operation and maintenance of such system. The Administrator,
not later than August 1, 2002, after consultation with appropriate
departments and agencies of the Federal Government and with
State and local governments, shall provide baseline information
to community water systems required to conduct vulnerability
assessments regarding which kinds of terrorist attacks or other
intentional acts are the probable threats to—
‘‘(A) substantially disrupt the ability of the system to pro-
vide a safe and reliable supply of drinking water; or
‘‘(B) otherwise present significant public health concerns.
‘‘(2) Each community water system referred to in paragraph
(1) shall certify to the Administrator that the system has conducted
an assessment complying with paragraph (1) and shall submit
to the Administrator a written copy of the assessment. Such certifi-
cation and submission shall be made prior to:
‘‘(A) March 31, 2003, in the case of systems serving a
population of 100,000 or more.
‘‘(B) December 31, 2003, in the case of systems serving
a population of 50,000 or more but less than 100,000.
‘‘(C) June 30, 2004, in the case of systems serving a popu-
lation greater than 3,300 but less than 50,000.
‘‘(3) Except for information contained in a certification under
this subsection identifying the system submitting the certification
and the date of the certification, all information provided to the
Administrator under this subsection and all information derived
therefrom shall be exempt from disclosure under section 552 of
title 5 of the United States Code.
‘‘(4) No community water system shall be required under State
or local law to provide an assessment described in this section
to any State, regional, or local governmental entity solely by reason
of the requirement set forth in paragraph (2) that the system
submit such assessment to the Administrator.
‘‘(5) Not later than November 30, 2002, the Administrator,
in consultation with appropriate Federal law enforcement and intel-
ligence officials, shall develop such protocols as may be necessary
to protect the copies of the assessments required to be submitted