[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2695 Reported in Senate (RS)]
<DOC>
Calendar No. 376
116th CONGRESS
1st Session
S. 2695
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 24, 2019
Mr. Roberts (for himself, Ms. Stabenow, Mr. Grassley, Mr. Moran, Ms.
Smith, Mr. Blunt, Ms. Ernst, Mrs. Hyde-Smith, Mr. Boozman, Mr. Gardner,
Mr. Thune, Mr. Shelby, Mrs. Fischer, Mr. Braun, Mr. McConnell, Mr.
Hoeven, Mr. Leahy, Mr. Tester, Mr. Crapo, Mr. Casey, Mr. Perdue, Mr.
Rounds, and Mr. Durbin) introduced the following bill; which was read
twice and referred to the Committee on Agriculture, Nutrition, and
Forestry
December 17, 2019
Reported by Mr. Roberts, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
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.
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 ``National Bio and Agro-Defense
Facility Act of 2019''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Animal.--The term ``animal'' has the meaning given the
term in section 10403 of the Animal Health Protection Act (7
U.S.C. 8302).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Transboundary disease.--The term ``transboundary
disease'' has the meaning given the term in section 12203(a) of
the Agriculture Improvement Act of 2018 (7 U.S.C. 8914(a)).
(4) Veterinary countermeasure.--The term ``veterinary
countermeasure'' has the meaning given the term in section
10403 of the Animal Health Protection Act (7 U.S.C. 8302).
SEC. 3. NATIONAL BIO AND AGRO-DEFENSE FACILITY.
<DELETED> (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) by acting, as appropriate, through the
National Bio and Agro-Defense Facility as a national security
laboratory asset of the national biodefense enterprise to provide
integrated research, development, and test and evaluation
infrastructure for defending against bio- and agro-terrorism
threats.</DELETED>
<DELETED> (b) Duties.--Pursuant to subsection (a), the Secretary
shall use the National Bio and Agro-Defense Facility--</DELETED>
<DELETED> (1) to integrate agricultural, zoonotic disease,
and public health research;</DELETED>
<DELETED> (2) to address threats from human pathogens, high-
consequence zoonotic disease agents, emerging foreign animal
diseases, and animal transboundary diseases;</DELETED>
<DELETED> (3) to address biological incidence
threats;</DELETED>
<DELETED> (4) to provide training; and</DELETED>
<DELETED> (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.</DELETED>
(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.
SEC. 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 test, diagnostic, and
evaluation capability for threat detection, vulnerability
assessment, and veterinary countermeasure assessment for animal
and zoonotic diseases; and
<DELETED> (3) for such other purposes as the Secretary
determines to be appropriate.</DELETED>
<DELETED>SEC. 5. EVALUATION.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 6. AVAILABILITY OF DATA.</DELETED>
(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.
SEC. 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.
SEC. 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.
SEC. 7. AVAILABILITY OF DATA AND CONGRESSIONAL BRIEFINGS.
(a) In General.--Every 6 months until the date described in
subsection (b), the Secretary and the Secretary of Homeland Security,
as appropriate, shall submit provide to the Committees on Agriculture,
Nutrition, and Forestry and Homeland Security and Governmental Affairs
of the Senate and the Committees on Agriculture and Homeland Security
of the House of Representatives a report and briefing describing--
(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 dated June
20, 2019, that is not completed as of the date of enactment of
this Act; 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 and the
Department of Homeland Security, or other relevant
agencies, that documents the biodefense mission of the
National Bio and Agro-Defense Facility.
(b) Termination.--The reporting requirement and briefing
requirements under subsection (a) shall terminate on the date that is 2
5 years after the date on which the National Bio and Agro-Defense
Facility attains full operating capability.
<DELETED> (c) Effective Date.--This section shall take effect on the
date of enactment of this Act.</DELETED>
<DELETED>SEC. 7. EFFECT.</DELETED>
SEC. 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.
SEC. 9. EFFECT.
(a) In General.--Nothing in this Act requires the Secretary to have
administrative jurisdiction over responsibility for operations of the
National Bio and Agro-Defense Facility.
(b) Transfer of Jurisdiction.--If administrative jurisdiction over
responsibility for operations of the National Bio and Agro-Defense
Facility is transferred from the Secretary to another Federal agency,
any reference in this Act (other than section 6 7) to the Secretary
shall be deemed to be a reference to the head of that Federal agency.
<DELETED>SEC. 8. EFFECTIVE DATE.</DELETED>
<DELETED> 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.</DELETED>
SEC. 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.
Calendar No. 376
116th CONGRESS
1st Session
S. 2695
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
December 17, 2019
Reported with amendments