US Codex
Bill
Notes

National Bio and Agro-Defense Facility Act of 2019

S. 2695 · 116th Congress · Oct 24, 2019 · Lineage

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.

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 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).

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) 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.
(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 advanceadvanced test, diagnostic, and evaluation capability for threat detection, vulnerability assessment, and veterinary countermeasure assessment for animal and zoonotic diseases; and
(3)
for such other purposes as the Secretary 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. Effect

9. Effect

(a)
In general— Nothing in this Act requires the Secretary to have administrative jurisdiction overresponsibility for operations of the National Bio and Agro-Defense Facility.
(b)
Transfer of jurisdiction— If administrative jurisdiction overresponsibility 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 67) to the Secretary shall be deemed to be a reference to the head of that Federal agency.

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.