Sec. 12203. Agriculture and food defense
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In this section: The term animal has the meaning given the term in section 10403 of the Animal Health Protection Act ( 7 U.S.C. 8302 ). The term disease or pest of concern means a plant or animal disease or pest that— is— a transboundary disease; or an established disease; and is likely to pose a significant risk to the food and agriculture critical infrastructure sector that warrants efforts at prevention, protection, mitigation, response, and recovery. The term established disease means a plant or animal disease or pest that— if it becomes established, poses an imminent threat to agriculture in the United States; or has become established, as defined by the Secretary, within the United States; and requires management.
The term high-consequence plant transboundary disease means a transboundary disease that is— a plant disease; or a plant pest; and of high consequence, as determined by the Secretary. The term pest — with respect to a plant, has the meaning given the term plant pest in section 403 of the Plant Protection Act ( 7 U.S.C. 7702 ); and with respect to an animal, has the meaning given the term in section 10403 of the Animal Health Protection Act ( 7 U.S.C. 8302 ). The term plant has the meaning given the term in section 403 of the Plant Protection Act ( 7 U.S.C. 7702 ).
The term plant health management strategy means a strategy to timely control and eradicate a plant disease or plant pest outbreak, including through mitigation (such as chemical control), surveillance, the use of diagnostic products and procedures, and the use of existing resistant seed stock. The term transboundary disease means a plant or animal disease or pest that is within 1 or more countries outside of the United States. The term transboundary disease includes a plant or animal disease or pest described in subparagraph
(A)that— has emerged within the United States; or has been introduced within the United States. The term veterinary countermeasure means the use of any animal vaccine, antiviral, therapeutic product, or diagnostic product to respond to the most damaging animal diseases to animal and human health and the economy. The Secretary shall— establish a list of diseases or pests of concern by— developing a process to solicit and receive expert opinion and evidence relating to the diseases and pests of concern entered on the list; and reviewing all available evidence relating to the diseases and pests of concern entered on the list, including classified information; and periodically update the list established under subparagraph (A). The Secretary shall develop, in collaboration with appropriate Federal, State, regional, and local officials, a comprehensive strategic response plan or plans, as appropriate, for the diseases or pests of concern that are entered on the list established under paragraph (1). The Secretary shall provide information to a State or regional authority to assist in developing a comprehensive strategic response plan or plans for that State or region that shall— include— a concept of operations for each disease or pest of concern; or a platform concept of operations for responses to similar diseases or pests, as determined by the Secretary; describe the appropriate interactions among, and roles of— Federal, State, Tribal, and units of local government; and plant or animal industry partners; include a decision matrix that shall, as appropriate, include— information and timing requirements necessary for the use of veterinary countermeasures; plant health management strategies; deployment of other key materials and resources; and parameters for transitioning from outbreak response to disease management; identify key response performance metrics to establish— benchmarking; progressive exercise evaluation; and continuing improvement of a response plan, including by providing for— ongoing exercise evaluations to improve a response plan over time; and strategic information to guide investment in any appropriate research to mitigate the risk of a disease or pest of concern; and be updated periodically, as determined to be appropriate by the Secretary, including in response to— an exercise evaluation; or new risk information becoming available regarding a disease or pest of concern. Pursuant to section 221(d)(6) of the Department of Agriculture Reorganization Act of 1994, the Secretary shall, as appropriate, assist in coordinating with other appropriate Federal, State, regional, or local officials in the exercising of the plans developed under paragraph (2). The Secretary shall establish in the Department of Agriculture a National Plant Diagnostic Network to monitor and surveil through diagnostics threats to plant health from diseases or pests of concern in the United States. The National Plant Diagnostic Network established under paragraph
(1)shall— provide for increased awareness, surveillance, early identification, rapid communication, warning, and diagnosis of a threat to plant health from a disease or pest of concern to protect natural and agricultural plant resources; coordinate and collaborate with agencies of the Department of Agriculture and State agencies and authorities involved in plant health; establish diagnostic laboratory standards; establish regional hubs throughout the United States that provide expertise, leadership, and support to diagnostic labs relating to the agricultural crops and plants in the covered regions of those hubs; and establish a national repository for records of endemic or emergent diseases and pests of concern. The Director of the National Institute of Food and Agriculture shall serve as the head of the National Plant Diagnostic Network. The head of the National Plant Diagnostic Network shall— coordinate and collaborate with land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )) in carrying out the requirements under paragraph (2), including through cooperative agreements described in paragraph (4); partner with the Administrator of the Animal and Plant Health Inspection Service for assistance with plant health regulation and inspection; and coordinate with other Federal agencies, as appropriate, in carrying out activities relating to the National Plant Diagnostic Network, including the sharing of biosurveillance information. The Secretary shall seek to establish cooperative agreements with land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )) that have the appropriate level of skill, experience, and competence with plant diseases or pests of concern. In addition to the amount authorized to carry out this subtitle under section 12205, there is authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2019 through 2023. The Secretary shall establish in the Department of Agriculture a National Plant Disease Recovery System to engage in strategic long-range planning to recover from high-consequence plant transboundary diseases. The National Plant Disease Recovery System established under paragraph
(1)shall— coordinate with disease or pest of concern concept of operations response plans; make long-range plans for the initiation of future research projects relating to high-consequence plant transboundary diseases; establish research plans for long-term recovery; plan for the identification and use of specific genotypes, cultivars, breeding lines, and other disease-resistant materials necessary for crop stabilization or improvement; and establish a watch list of high-consequence plant transboundary diseases for the purpose of making long-range plans under subparagraph (B).
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