TITLE 7 - US CODE - CHAPTER 114 - AGRICULTURAL SECURITY

TITLE 7 - US CODE - SUBCHAPTER I - AGRICULTURAL SECURITY

7 USC 8911 - Office of Homeland Security

(a) Establishment 
There is established within the Department the Office of Homeland Security (in this section referred to as the Office).
(b) Director 
The Office shall be headed by a Director of Homeland Security, who shall be appointed by the Secretary.
(c) Responsibilities 
The Director of Homeland Security shall
(1) coordinate all homeland security activities of the Department, including integration and coordination of interagency emergency response plans for
(A) agricultural disease emergencies;
(B) agroterrorist acts; and
(C) other threats to agricultural biosecurity;
(2) act as the primary liaison on behalf of the Department with other Federal departments and agencies on the coordination of efforts and interagency activities pertaining to agricultural biosecurity; and
(3) advise the Secretary on policies, regulations, processes, budget, and actions pertaining to homeland security.

7 USC 8912 - Agricultural biosecurity communication center

(a) Establishment 
The Secretary shall establish a communication center within the Department to
(1) collect and disseminate information and prepare for an agricultural disease emergency, agroterrorist act, or other threat to agricultural biosecurity; and
(2) coordinate activities described in paragraph (1) among agencies and offices within the Department.
(b) Relation to existing DHS communication systems 

(1) Consistency and coordination 
The communication center established under subsection (a) shall, to the maximum extent practicable, share and coordinate the dissemination of timely information with the Department of Homeland Security and other communication systems of appropriate Federal departments and agencies.
(2) Avoiding redundancies 
Paragraph (1) shall not be construed to impede, conflict with, or duplicate the communications activities performed by the Secretary of Homeland Security under any provision of law.
(c) Authorization of appropriations 
There is authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2008 through 2012.

7 USC 8913 - Assistance to build local capacity in agricultural biosecurity planning, preparedness, and response

(a) Advanced training programs 

(1) Grant assistance 
The Secretary shall establish a competitive grant program to support the development and expansion of advanced training programs in agricultural biosecurity planning and response for food science professionals and veterinarians.
(2) Authorization of appropriations 
There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this subsection for each of fiscal years 2008 through 2012.
(b) Assessment of response capability 

(1) Grant and loan assistance 
The Secretary shall establish a competitive grant and low-interest loan assistance program to assist States in assessing agricultural disease response capability.
(2) Authorization of appropriations 
There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2008 through 2012.

TITLE 7 - US CODE - SUBCHAPTER II - OTHER PROVISIONS

7 USC 8921 - Research and development of agricultural countermeasures

(a) Grant program 

(1) Competitive grant program 
The Secretary shall establish a competitive grant program to encourage basic and applied research and the development of qualified agricultural countermeasures.
(2) Waiver in emergencies 
The Secretary may waive the requirement under paragraph (1) that a grant be provided on a competitive basis if
(A) the Secretary has declared a plant or animal disease emergency under the Plant Protection Act (7 U.S.C. 7701 et seq.) or the Animal Health Protection Act (7 U.S.C. 8301 et seq.); and
(B) waiving the requirement would lead to the rapid development of a qualified agricultural countermeasure, as determined by the Secretary.
(b) Authorization of appropriations 
There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2008 through 2012.

7 USC 8922 - Agricultural biosecurity grant program

(a) Competitive grant program 
The Secretary shall establish a competitive grant program to promote the development of teaching programs in agriculture, veterinary medicine, and disciplines closely allied to the food and agriculture system to increase the number of trained individuals with an expertise in agricultural biosecurity.
(b) Eligibility 
The Secretary may award a grant under this section only to an entity that is
(1) an accredited school of veterinary medicine; or
(2) a department of an institution of higher education with a primary focus on
(A) comparative medicine;
(B) veterinary science; or
(C) agricultural biosecurity.
(c) Preference 
The Secretary shall give preference in awarding grants based on the ability of an applicant
(1) to increase the number of veterinarians or individuals with advanced degrees in food and agriculture disciplines who are trained in agricultural biosecurity practice areas;
(2) to increase research capacity in areas of agricultural biosecurity; or
(3) to fill critical agricultural biosecurity shortage situations outside of the Federal Government.
(d) Use of funds 

(1) In general 
Amounts received under this section shall be used by a grantee to pay
(A) costs associated with the acquisition of equipment and other capital costs relating to the expansion of food, agriculture, and veterinary medicine teaching programs in agricultural biosecurity;
(B) capital costs associated with the expansion of academic programs that offer postgraduate training for veterinarians or concurrent training for veterinary students in specific areas of specialization; or
(C) other capacity and infrastructure program costs that the Secretary considers appropriate.
(2) Limitation 
Funds received under this section may not be used for the construction, renovation, or rehabilitation of a building or facility.
(e) Authorization of appropriations 
There are authorized to be appropriated sums as are necessary to carry out this section for each of fiscal years 2008 through 2012, to remain available until expended.

7 USC 8901 - Definitions

In this chapter:
(1) Agent 
The term agent means a nuclear, biological, chemical, or radiological substance that causes agricultural disease or the adulteration of products regulated by the Secretary of Agriculture under any provision of law.
(2) Agricultural biosecurity 
The term agricultural biosecurity means protection from an agent that poses a threat to
(A) plant or animal health;
(B) public health as it relates to the adulteration of products regulated by the Secretary of Agriculture under any provision of law that is caused by exposure to an agent; or
(C) the environment as it relates to agriculture facilities, farmland, and air and water within the immediate vicinity of an area associated with an agricultural disease or outbreak.
(3) Agricultural countermeasure 
The term agricultural countermeasure
(A) means a product, practice, or technology that is intended to enhance or maintain the agricultural biosecurity of the United States; and
(B) does not include a product, practice, or technology used solely in response to a human medical incident or public health emergency not related to agriculture.
(4) Agricultural disease 
The term agricultural disease has the meaning given the term by the Secretary.
(5) Agricultural disease emergency 
The term agricultural disease emergency means an incident of agricultural disease that requires prompt action to prevent significant damage to people, plants, or animals.
(6) Agroterrorist act 
The term agroterrorist act means an act that
(A) causes or attempts to cause
(i) damage to agriculture; or
(ii) injury to a person associated with agriculture; and
(B) is committed or appears to be committed with the intent to
(i) intimidate or coerce a civilian population; or
(ii) disrupt the agricultural industry in order to influence the policy of a government by intimidation or coercion.
(7) Animal 
The term animal has the meaning given the term in section 8302 of this title.
(8) Department 
The term Department means the Department of Agriculture.
(9) Development 
The term development means
(A) research leading to the identification of products or technologies intended for use as agricultural countermeasures to protect animal health;
(B) the formulation, production, and subsequent modification of those products or technologies;
(C) the conduct of in vitro and in vivo studies;
(D) the conduct of field, efficacy, and safety studies;
(E) the preparation of an application for marketing approval for submission to an applicable agency; or
(F) other actions taken by an applicable agency in a case in which an agricultural countermeasure is procured or used prior to issuance of a license or other form of Federal Government approval.
(10) Plant 
The term plant has the meaning given the term in section 7702 of this title.
(11) Qualified agricultural countermeasure 
The term qualified agricultural countermeasure means an agricultural countermeasure that the Secretary, in consultation with the Secretary of Homeland Security, determines to be a priority in order to address an agricultural biosecurity threat.