[House Report 110-819]
[From the U.S. Government Publishing Office]
110th Congress Rept. 110-819
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
TO AMEND THE HOMELAND SECURITY ACT OF 2002 TO ESTABLISH A NATIONAL BIO
AND AGRO-DEFENSE FACILITY
_______
August 1, 2008.--Ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 1717]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred the
bill (H.R. 1717) to amend the Homeland Security Act of 2002 to
establish a National Bio and Agro-defense Facility, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Advisory Committee Statement..................................... 6
Constitutional Authority Statement............................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 10
Committee Correspondence......................................... 12
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. ESTABLISHMENT OF NATIONAL BIO- AND AGRO-DEFENSE FACILITY OF
DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Title III of the Homeland Security Act of 2002 (6.
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``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 appointed by the Secretary, in
consultation with the Secretary of Agriculture.
``(b) Mission.--
``(1) In general.--The NBAF shall be an integrated foreign-
animal and disease research, development, testing, and
evaluation facility, the purpose of which is to support the
Department, the Department of Agriculture, and other Federal
agencies, as appropriate, in defending against the threat of
potential acts of agroterrorism and natural-occurring incidents
related to agriculture with the potential to adversely impact
animal health, public health, the economy, or homeland
security.
``(2) Knowledge production and sharing.--The NBAF shall
produce and share knowledge and technology for the purpose of
protecting animal health and public health and reducing
economic losses caused by foreign-animal, zoonotic, and, as
appropriate, endemic animal diseases of livestock and poultry.
``(c) Joint Strategy and Interagency Agreement With Department of
Agriculture.--
``(1) Joint strategy.--The Secretary and the Secretary of
Agriculture shall develop a joint strategy to define the
respective roles and responsibilities of the Department and the
Department of Agriculture with respect to activities undertaken
at the NBAF on foreign animal diseases, including foot and
mouth disease, and zoonotic diseases. The joint strategy shall
be updated as necessary.
``(2) Interagency agreement.--The Secretary and the Secretary
of Agriculture shall formalize the joint strategy developed
under paragraph (1) by entering into an interagency agreement,
which shall be updated and revised as appropriate.
``(d) Other Interagency Agreements.--The Secretary and the Secretary
of Agriculture may enter into understandings or agreements with the
heads of Federal departments and agencies with missions that may be
supported by activities undertaken at the NBAF or may use existing
understandings or agreements with the heads of such Federal departments
or agencies, to define the respective roles and responsibilities of
each department or agency in carrying out research, development,
testing, evaluation, and diagnostic activities at the NBAF.
``(e) NBAF Director.--The Secretary, in consultation with the
Secretary of Agriculture, shall appoint a Director of the NBAF
(referred to in this section as the `Director'). The Secretary, acting
through the Director, shall be responsible for--
``(1) managing, operating, and maintaining the NBAF;
``(2) ensuring NBAF physical site security, information
security, biosafety, biosecurity, and biosurety;
``(3) developing an emergency response plan under which
emergency response providers in the surrounding community are
sufficiently prepared and trained to respond effectively and
given sufficient notice to allow for an effective response; and
``(4) monitoring the activities of the Department and the
Department of Agriculture and reporting to the Secretary and
the Secretary of Agriculture on the status of the fulfillment
of the respective obligations of each Department, as agreed to
under the joint strategy and formalized in the interagency
agreement under subsection (c).
``(f) Director of Homeland Security Research Programs.--The Secretary
shall appoint one or more Directors of Homeland Security Programs, one
of whom shall be the Director of Homeland Security Research Programs at
the NBAF. The Director of Homeland Security Research Programs at the
NBAF shall be responsible for--
``(1) directing the research programs of the Department at
the NBAF;
``(2) facilitating the coordination of Federal, State, and
local governmental efforts and resources relating to the
Department's activities carried out pursuant to the joint
strategy developed under subsection (c)(1);
``(3) providing training to Department research and technical
staff at the NBAF to equip them with the requisite skills and
expertise necessary to contribute to and carry out operations
at the NBAF;
``(4) conducting animal model development and testing and
evaluation to support the development of human medical
countermeasures where appropriate; and
``(5) leveraging the expertise of academic institutions,
private industry, the Department of Energy National
Laboratories, State and local governmental resources, and
professional organizations to carry out the Department's
activities at the NBAF.
``(g) Directors of USDA Programs.--The Secretary of Agriculture shall
appoint one or more Directors of USDA Programs at the NBAF who shall be
responsible for directing the programs of the Department of Agriculture
at the NBAF.
``(h) 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.
``(2) The NBAF shall be of sufficient size in terms of
acreage and laboratory capacity and shall have access to
necessary supporting infrastructure to enable the Secretary and
the Secretary of Agriculture to carry out their respective
responsibilities pursuant to the joint strategy developed under
subsection (c)(1).
``(3) The NBAF shall be located at a site that has been
subject to an Environmental Impact Statement under the National
Environmental Policy Act of 1969.
``(i) Authorization To Procure Real Property and Accept in Kind
Donations for the NBAF Site.--The Secretary may acquire real property
for the NBAF through purchase or donation and may accept and use in-
kind donations of personal property, laboratory and office space,
utility services, and infrastructure upgrades to carry out the purposes
of this section.
``(j) Live Virus of Foot and Mouth Disease Research.--The Secretary
of Agriculture shall issue a permit required under section 12 of the
Act of May 29, 1884 (23 Stat. 31; 21 U.S.C. 113a) to the Secretary of
Homeland Security for work on the live virus of foot and mouth disease
at the NBAF. The permit shall be valid unless the Secretary of
Agriculture finds that the study of live foot and mouth disease virus
at the NBAF is not being carried out in accordance with the regulations
issued by the Secretary of Agriculture pursuant to the Agricultural
Bioterrorism Protection Act of 2002 (7 U.S.C. 8401). The suspension,
revocation, or other impairment of such permit shall be made by the
Secretary of Agriculture and is a nondelegable function.
``(k) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the
requirements of this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to title
III the following:
``Sec. 316. National Bio- and Agro-defense Facility.''.
Amend the title so as to read:
A bill to amend the Homeland Security Act of 2002 to
establish a National Bio- and Agro-defense Facility, and for
other purposes.
Purpose and Summary
The purpose of H.R. 1717 is to amend the Homeland Security
Act of 2002 to establish a National Bio- and Agro-defense
Facility, and for other purposes.
Background and Need for Legislation
The Nation currently lacks necessary Biosafety Level (BSL)
3 and BSL 4 large animal laboratory space needed to research
many high consequence foreign animal and zoonotic diseases. BSL
3 facilities require a double door entry and unidirectional
airflow into the lab. BSL 4 facilities require all these
things, as well as a complete body suit with separate air
source worn by the researcher. The National Bio- and Agro-
defense Facility (NBAF) will fill this gap, provide a unique
capability, and fulfill the guidance in Homeland Security
Presidential Directive (HSPD)-9, ``Defense of United States
Agriculture and Food,'' to develop a plan ``to provide safe,
secure, and state-of-the-art agriculture biocontainment
laboratories that research and develop diagnostic capabilities
for foreign animal and zoonotic diseases.''
Hearings
On May 23, 2007, the Subcommittee on Emerging Threats,
Cybersecurity and Science and Technology held a hearing
entitled ``Reducing Threats to our Nation's Agriculture:
Authorizing a National Bio and Agro-Defense Facility.'' The
Subcommittee received testimony from Dr. John Vitko, Head,
Chemical and Biological Division, Science and Technology
Directorate, Department of Homeland Security; Dr. Edward
Knipling, Administrator, Agricultural Research Service,
Department of Agriculture; and Mr. Kevin Shea, Assistant
Administrator, Animal and Plant Health Inspection Service,
Department of Agriculture.
Committee Consideration
H.R. 1717 was introduced by Mr. McCaul and five original
co-sponsors on March 27, 2007 and referred to the Committee on
Homeland Security, and in addition to the Committee on
Agriculture and the Committee on Energy and Commerce. Within
the Committee on Homeland Security, H.R. 1717 was referred to
the Subcommittee on Emerging Threats, Cybersecurity, and
Science and Technology.
On June 6, 2007, the Subcommittee on Emerging Threats,
Cybersecurity, and Science and Technology met in open markup
session and ordered H.R. 1717 forwarded to the Full Committee
for consideration, as amended, by voice vote.
On August 1, 2007, the Full Committee met in open markup
session and ordered H.R. 1717 favorably reported to the House
of Representatives, as amended, by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
On June 6, 2007, the Subcommittee on Emerging Threats,
Cybersecurity, and Science and Technology met in open markup
session and ordered H.R. 1717 forwarded to the Full Committee
for consideration, as amended, by voice vote.
The following amendment was offered:
An Amendment in the Nature of a Substitute offered by
Mr. Langevin, (#1), was AGREED TO by voice vote.
On August 1, 2007, the Full Committee met in open markup
session and ordered H.R. 1717 favorably reported to the House
of Representatives, as amended, by voice vote.
The Committee considered a Committee Print showing the text
of H.R. 1717 as agreed to by the Subcommittee. The title of the
Committee Print was amended so as to read ``To amend the
Homeland Security Act of 2002 to establish a National Bio- and
Agro-defense Facility, and for other purposes.''
The Committee adopted the bill, as amended, by voice vote.
The following amendment was offered:
An Amendment in the Nature of a Substitute offered by
Mr. Thompson (#1), was AGREED TO by voice vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the
Rules of the House of Representatives, the Committee finds that
H.R. 1717, would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 24, 2007.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1717, a bill to
amend the Homeland Security Act of 2002 to establish a National
Bio- and Agro-defense Facility.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Peter R. Orszag,
Director.
Enclosure.
H.R. 1717--A bill to amend the Homeland Security Act of 2002 to
establish a National Bio- and Agro-defense Facility
H.R. 1717 would formally establish a National Bio- and
Agro-defense Facility in the Department of Homeland Security
(DHS). The department would use this facility--as planned under
current law--to conduct research on biological and agricultural
threats against the United States, including diseases affecting
livestock.
DHS is currently selecting a site for this facility and
anticipates beginning construction in 2010, with operations
commencing by the end of 2013. CBO expects that implementing
H.R. 1717 would not significantly affect the department's plans
or spending for this facility. Based on preliminary information
from the department, CBO expects that it will cost roughly $600
million to build and equip the new facility; subsequently,
operating costs will be about $40 million per year. The bill
would authorize the department to accept in-kind donations of
real property or services to support the planned facility.
Enacting the bill would not affect direct spending or revenues.
H.R. 1717 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no direct costs on state, local, or tribal
governments.
The CBO staff contact for this estimate is Mark Grabowicz.
This estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 1717 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
H.R. 1717 establishes, in statute, the National Bio- and
Agro-defense Facility (NBAF). The bill defines the mission of
the facility to conduct research in order to protect the U.S.
from foreign animal and zoonotic diseases. The bill details the
roles and responsibilities of the Department of Homeland
Security and the Department of Agriculture at the facility,
including by authorizing the Secretary of Homeland Security to
accept real property and in-kind donations for the NBAF site,
and directing the Secretary of Agriculture to provide to the
Secretary of Homeland Security a permit to conduct research on
the live virus of foot and mouth disease at the NBAF.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 1, which grants Congress the power
to provide for the common Defense of the United States.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. National Bio and Agro-Defense Facility
(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the
following new section: ``SEC. 316. NATIONAL BIO- AND AGRO-
DEFENSE FACILITY.''
Section (a) Establishment
This section establishes the National Bio- and Agro-defense
Facility (NBAF).
The Committee agrees with the assessments of the Department
of Homeland Security (DHS) and the Department of Agriculture
that the Plum Island Animal Disease Center is an aging facility
and that a new integrated foreign animal and zoonotic disease
research facility will enhance the Nation's defense against
potential acts of agro-terrorism and naturally-occurring
incidents relating to agriculture that have the potential to
adversely impact animal health, public health, and the economy.
The Nation currently lacks Biosafety Level (BSL) 3 and BSL 4
livestock laboratory space needed to research many high
consequence foreign animal and zoonotic diseases and to fulfill
the requirements of Homeland Security Presidential Directive 9.
The NBAF will fill this gap, providing the capacity and
capability to fulfill critical homeland and agriculture
security missions.
Section (b) Mission
The NBAF shall be an integrated foreign animal disease
research facility, owned by the Department of Homeland Security
(DHS), to support research by DHS, the Department of
Agriculture, and other Federal agencies to protect the U.S.
from these diseases. Knowledge and technology developed at the
NBAF will be shared between the Departments of Homeland
Security and Agriculture and with other Federal, State, and
local agencies to support that mission.
The Committee expects that the new facility will continue
to support the efforts of DHS and the Department of Agriculture
currently ongoing at the Plum Island Animal Disease Center,
provide opportunities for important new foreign animal and
zoonotic disease research, and enable collaborations between
DHS, the Department of Agriculture and with other Federal
departments and agencies.
Section (c) Joint Strategy and Interagency Agreement with the
Department of Agriculture
The Secretary of Homeland Security and the Secretary of
Agriculture shall jointly develop a strategy for the study of
high-consequence biological threats involving foreign-animal
and zoonotic diseases. This strategy shall apply to activities
undertaken at the NBAF and define the respective roles and
responsibilities of the two Departments which shall be
formalized in an interagency agreement. The Committee believes
that all activities at the NBAF should be consistent with but
not limited to the agreement.
The Committee recommends that the Joint Strategy should
include, but not be limited to, activities related to:
developing countermeasures for foreign-animal, zoonotic, and,
as appropriate, endemic animal diseases, including diagnostics,
vaccines and therapeutics; providing advanced test and
evaluation capability for threat detection, vulnerability and
countermeasure assessment for foreign animal, zoonotic, and, as
appropriate, endemic animal diseases; sharing information with
relevant stakeholders, including the National Animal Health
Laboratory Network and the American Association of Veterinary
Laboratory Diagnosticians, and connecting with the network of
Federal and State resources intended to enable an integrated
and rapid response to animal health emergencies of potential
national concern; and identifying and promoting uniform
national standards for animal disease diagnostics.
Section (d) Other Interagency Agreements
The Secretaries of Homeland Security and Agriculture may
enter into interagency agreements with other Federal agencies
for activities that support shared missions at the NBAF.
The Committee strongly encourages cooperative and
collaborative relationships with other Federal agencies that
conduct disease detection and countermeasure research,
development, testing, and evaluation, such as the Department of
Defense and the Department of Health and Human Services, and
encourages the use of interagency agreements to formalize the
roles and responsibilities necessary for successful
collaborations.
Section (e) NBAF Director
The Secretary, in consultation with the Secretary of
Agriculture, shall appoint an NBAF Director responsible for
managing the facility, ensuring security, developing an
emergency response plan, and monitoring overall activities at
the facility, including adherence to the Joint Strategy
developed pursuant to section (c).
The Committee recognizes that the current governance
structure at the Plum Island Animal Disease Center is a good
model for the new NBAF and sections (e) through (g) are
intended to promote a similar structure while allowing
flexibility to each Department. The Committee intends such
organizational structure to provide a necessary framework of
accountability and responsibility, but not to limit interagency
coordination and collaboration in any way. The Committee
strongly urges the Directors of Homeland Security programs and
the Directors of USDA programs, defined in sections (f) and (g)
respectively, to establish a mechanism to ensure continual
dialogue and facilitate coordination in carrying out the
activities agreed to under the Joint Strategy.
Section (f) Directors of Homeland Security Programs
The Secretary shall appoint one or more Directors of
Homeland Security Programs, one of which shall be the Director
of Homeland Security Research Programs who will be responsible
for the Department's research activities at the NBAF,
facilitating coordination with other researchers, providing
necessary training to Department researchers, conducting animal
model testing where appropriate, and leveraging the expertise
of other research facilities.
The Committee directs that the responsibilities of the
Director of Homeland Security Research Programs should include,
but not be limited to: directing the research programs of the
Department at the NBAF; facilitating the coordination of
Federal, State, and local governmental efforts and resources;
providing training to Department research and technical staff
at the NBAF to equip them with the requisite skills and
expertise necessary to contribute to and carry out operations
at the NBAF; conducting animal model development and testing
and evaluation to support the development of human medical
countermeasures where appropriate; leveraging the expertise of
academic institutions, private industry, the Department of
Energy National Laboratories, State and local governmental
resources, and professional organizations to carry out the
Department's activities at the NBAF.
Section (g) Directors of USDA Programs
The Secretary of Agriculture shall appoint one or more
Directors of USDA programs who will be responsible for carrying
out USDA programs at the NBAF.
Section (h) Requirements
The Secretary of Homeland Security shall ensure that the
NBAF facility contain large animal Biosafety level 3 and 4
laboratories, be of sufficient size and capacity to support all
research, have access to necessary supporting infrastructure,
and been determined to be located on a suitable site according
to an Environmental Impact Statement.
Section (i) Authorization to Procure Real Property and Accept in Kind
Donations for the NBAF Site
The Secretary of Homeland Security may acquire real
property for the NBAF through purchase or donation and may
accept and use in-kind donations of personal property,
laboratory and office space, utility services, and
infrastructure upgrades.
The Committee expects that the NBAF site selection process
will ultimately choose the best possible site for the NBAF to
complete its mission. The Committee therefore grants the
authority to the Secretary to not only purchase property but to
accept donations of such in order to obtain the best site at
the lowest expenditure.
Section (j) Live Virus of Foot and Mouth Disease Research
The Secretary of Agriculture shall issue a permit to the
Secretary that allows the study of live virus of foot and mouth
disease (FMD) at the NBAF. The permit shall be valid unless the
Secretary of Agriculture finds that the research on live FMD is
not being carried out in accordance with the agricultural
select agent rules issued by the Secretary of Agriculture.
The Committee believes that FMD represents one of the
largest threats to our Nation's agriculture industry. As such,
it is imperative that researchers at the NBAF be allowed to
study the live virus of FMD at the facility. The Committee
directs the Secretary to ensure that the research on the live
virus of FMD be pursued vigorously, but always safely and
securely.
Section (k) Authorization of Appropriations
There are authorized to be appropriated such sums as may be
necessary to carry out the requirements of this section.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
Sec. 316. National Bio- and Agro-defense Facility.
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
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 appointed by
the Secretary, in consultation with the Secretary of
Agriculture.
(b) Mission.--
(1) In general.--The NBAF shall be an integrated
foreign-animal and disease research, development,
testing, and evaluation facility, the purpose of which
is to support the Department, the Department of
Agriculture, and other Federal agencies, as
appropriate, in defending against the threat of
potential acts of agroterrorism and natural-occurring
incidents related to agriculture with the potential to
adversely impact animal health, public health, the
economy, or homeland security.
(2) Knowledge production and sharing.--The NBAF shall
produce and share knowledge and technology for the
purpose of protecting animal health and public health
and reducing economic losses caused by foreign-animal,
zoonotic, and, as appropriate, endemic animal diseases
of livestock and poultry.
(c) Joint Strategy and Interagency Agreement with Department
of Agriculture.--
(1) Joint strategy.--The Secretary and the Secretary
of Agriculture shall develop a joint strategy to define
the respective roles and responsibilities of the
Department and the Department of Agriculture with
respect to activities undertaken at the NBAF on foreign
animal diseases, including foot and mouth disease, and
zoonotic diseases. The joint strategy shall be updated
as necessary.
(2) Interagency agreement.--The Secretary and the
Secretary of Agriculture shall formalize the joint
strategy developed under paragraph (1) by entering into
an interagency agreement, which shall be updated and
revised as appropriate.
(d) Other Interagency Agreements.--The Secretary and the
Secretary of Agriculture may enter into understandings or
agreements with the heads of Federal departments and agencies
with missions that may be supported by activities undertaken at
the NBAF or may use existing understandings or agreements with
the heads of such Federal departments of agencies, to define
the respective roles and responsibilities of each department or
agency in carrying out research, development, testing,
evaluation, and diagnostic activities at the NBAF.
(e) NBAF Director.--The Secretary, in consultation with the
Secretary of Agriculture, shall appoint a Director of the NBAF
(referred to in this section as the ``Director''). The
Secretary, acting through the Director, shall be responsible
for--
(1) managing, operating, and maintaining the NBAF;
(2) ensuring NBAF physical site security, information
security, biosafety, biosecurity, and biosurity;
(3) developing an emergency response plan under which
emergency response providers in the surrounding
community are sufficiently prepared and trained to
respond effectively and given sufficient notice to
allow for an effective response; and
(4) monitoring the activities of the Department and
the Department of Agriculture and reporting to the
Secretary and the Secretary of Agriculture on the
status of the fulfillment of the respective obligations
of each Department, as agreed to under the joint
strategy and formalized in the interagency agreement
under subsection (c).
(f) Director of Homeland Security Research Programs.--The
Secretary shall appoint one or more Directors of Homeland
Security Programs, one of whom shall be the Director of
Homeland Security Research Programs at the NBAF. The Director
of Homeland Security Research Programs at the NBAF shall be
responsible for--
(1) directing the research programs of the Department
at the NBAF;
(2) facilitating the coordination of Federal, State,
and local governmental efforts and resources relating
to the Department's activities carried out pursuant to
the joint strategy developed under subsection (c)(1);
(3) providing training to Department research and
technical staff at the NBAF to equip them with the
requisite skills and expertise necessary to contribute
to and carry out operations at the NBAF;
(4) conducting animal model development and testing
and evaluation to support the development of human
medical countermeasures where appropriate; and
(5) leveraging the expertise of academic
institutions, private industry, the Department of
Energy National Laboratories, State and local
governmental resources, and professional organizations
to carry out the Department's activities at the NBAF.
(g) Directors of USDA Programs.--The Secretary of Agriculture
shall appoint one or more Directors of USDA Programs at the
NBAF who shall be responsible for directing the programs of the
Department of Agriculture at the NBAF.
(h) 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.
(2) The NBAF shall be of sufficient size in terms of
acreage and laboratory capacity and shall have access
to necessary supporting infrastructure to enable the
Secretary and the Secretary of Agriculture to carry out
their respective responsibilities pursuant to the joint
strategy developed under subsection (c)(1).
(3) The NBAF shall be located at a site that has been
subject to an Environmental Impact Statement under the
National Environmental Policy Act of 1969.
(i) Authorization to Procure Real Property and Accept in Kind
Donations for the NBAF Site.--The Secretary may acquire real
property for the NBAF through purchase or donation and may
accept and use in-kind donations of personal property,
laboratory and office space, utility services, and
infrastructure upgrades to carry out the purposes of this
section.
(j) Live Virus of Foot and Mouth Disease Research.--The
Secretary of Agriculture shall issue a permit required under
section 12 of the Act of May 29, 1884 (23 Stat. 31; 21 U.S.C.
113a) to the Secretary of Homeland Security for work on the
live virus of foot and mouth disease at the NBAF. The permit
shall be valid unless the Secretary of Agriculture finds that
the study of live foot and mouth disease virus at the NBAF is
not being carried out in accordance with the regulations issued
by the Secretary of Agriculture pursuant to the Agricultural
Bioterrorism Protection Act of 2002 (7 U.S.C. 8401). The
suspension, revocation, or other impairment of such permit
shall be made by the Secretary of Agriculture and is a
nondelegable function.
(k) Authorization of Appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out the
requirements of this section.
* * * * * * *
Committee Correspondence
Congress of the United States, House of
Representatives, Committee on Agriculture,
Washington, DC, August 2, 2007.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Chairman Thompson: Thank you for your recent
correspondence regarding H.R. 1717, a bill to establish the
National Bio and Agro-defense Facility (NBAF). As you are
aware, the Committee on Agriculture was granted an additional
referral of this legislation.
I appreciate your collaboration in developing the Amendment
in the Nature of a Substitute to H.R. 1717, which greatly
improved the underlying bill and was adopted at the Committee
on Homeland Security's full committee markup on August 1, 2007.
In order to expedite this legislation, the Committee on
Agriculture will forgo formal action on H.R. 1717 with the
understanding that our Committee does not waive any future
jurisdictional claims over this or similar measures. In
addition, in the event a conference with the Senate is
requested on this matter, the Committee on Agriculture reserves
the right to seek appointment of conferees.
I also ask that you insert a copy of our exchange of
letters into the Committee Report on H.R. 1717 and into the
Congressional Record during consideration of this measure on
the House floor.
Thank you very much for your courtesy in this matter and I
look forward to continued cooperation between our Committees as
we deal with issues regarding homeland security and agriculture
in the future.
Sincerely,
Collin C. Peterson,
Chairman.
------
Congress of the United States, House of
Representatives, Committee on Homeland Security,
Washington, DC, August 2, 2007.
Hon. Collin C. Peterson,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
Dear Chairman Peterson: Thank you for working with me to
address concerns in H.R. 1717, a bill to establish the National
Bio and Agro-defense Facility (NBAF) within the Department of
Homeland Security. Like you, I strongly believe that the
nation's health and economic security must be protected from
the threat of zooanotic diseases and other biological threats,
both manmade and naturally-occurring.
Yesterday, the Committee on Homeland Security approved an
Amendment in the Nature of a Substitute to H.R. 1717 that was
developed between our two Committees that improves on the
underlying legislation. It makes clear that Congress expects
the Departments of Homeland Security and Agriculture to work in
partnership. Specifically, it requires the two agencies to
develop a joint strategy for research at the new facility and
to formalize their respective responsibilities in an
interagency agreement. As amended, H.R. 1717 will ensure that
the interests of both the Departments of Homeland Security and
Agriculture are protected and the security of the U.S.
agriculture industry is enhanced.
Last month, the Department of Homeland Security (DHS)
announced the completion of the initial site selection process
for the NBAF and that five sites have been selected as
finalists. Timely passage of H.R. 1717 is critical to this
endeavor, as DHS needs the authorities granted in the bill to
ensure final completion of the site selection process and
commence land acquisition and construction.
I appreciate your willingness to work with me to develop
the Amendment in the Nature of a Substitute in lieu of acting
on H.R. 1717 in the Agriculture Committee. I do not construe
your decision to waive consideration of this bill as a waiver
of jurisdiction over H.R. 1717. Further, I would support a
request for appointment of conferees during any House-Senate
conference convened on H.R. 1717 or similar legislation, should
such a request be made.
Thank you, again, for working with me on this important
legislation.
Sincerely,
Bennie G. Thompson,
Chairman.