US Codex
Bill
Notes

S. 2695 — what changed

National Bio and Agro-Defense Facility Act of 2019

From Introduced in Senate to Reported in Senate. 5 sections amended and 3 added between Introduced in Senate and Reported in Senate.

Sec. 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)
added 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)
added 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)
added integrating agricultural, zoonotic disease, and other appropriate research;
(2)
added addressing threats from high-consequence zoonotic disease agents, emerging foreign animal diseases, and animal transboundary diseases;
(3)
added addressing biological incidence threats;
(4)
added providing appropriate education and training to address bio- and agro-defense threats and responses;
(5)
added 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)
added 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—

(1)
removed to develop veterinary countermeasures for emerging foreign animal diseases and animal transboundary diseases;
(2)
removed to provide advance test, diagnostic, and evaluation capability for threat detection, vulnerability assessment, and veterinary countermeasure assessment for animal and zoonotic diseases; and
(3)
removed for such other purposes as the Secretary determines to be appropriate.

added

added 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)
added to develop veterinary countermeasures for emerging foreign animal diseases and animal transboundary diseases;
(2)
added to provide advanceadvanced test, diagnostic, and evaluation capability for threat detection, vulnerability assessment, and veterinary countermeasure assessment for animal and zoonotic diseases; and
(3)
added for such other purposes as the Secretary determines to be appropriate.

Sec. 5 Evaluation and plan

(a)
added 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)
added evaluate the work of the National Bio and Agro-Defense Facility;
(2)
added publish a strategic research plan for the National Bio and Agro-Defense Facility based on risk and threat assessments; and
(3)
added 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)
added Classified information— The strategic research plan required under subsection (a)(2)—
(1)
added shall be published in an unclassified format that is publically available;
(2)
added shall be submitted under subsection (a)(3) in unclassified form; and
(3)
added may include in the submission under subsection (a)(3) a classified annex for any sensitive or classified information, as necessary.

removed 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.

Sec. 6 Memoranda of agreement

added 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.

(a)
removed Congressional report— Every 6 months until the date described in subsection (b), the Secretary and the Secretary of Homeland Security, as appropriate, shall submit 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 describing—
(1)
removed 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)
removed the operations and mission, including coordination, under any successor memorandum of agreement, or 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)
removed Termination— The reporting requirement under subsection (a) shall terminate on the date that is 2 years after the date on which the National Bio and Agro-Defense Facility attains full operating capability.
(c)
removed Effective date— This section shall take effect on the date of enactment of this Act.

Sec. 7 Effect

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

Sec. 9 Effect

added
(a)
added 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)
added 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.

Sec. 10 Effective date

added
(a)
added 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)
added Exceptions— Sections 7 and 8 shall take effect on the date of enactment of this Act.