Agroterrorism: Threats and Preparedness

Congressional research reportMar 12, 2007

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March 12, 2007

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CRS Report for Congress

Prepared for Members and Committees of Congress

Agroterrorism: Threats and Preparedness

Summary

The potential for terrorist attacks against agricultural targets (agroterrorism) is increasingly

recognized as a national security threat, especially after the events of September 11, 2001.

Agroterrorism is a subset of bioterrorism, and is defined as the deliberate introduction of an

animal or plant disease with the goal of generating fear, causing economic losses, and/or

undermining social stability.

The goal of agroterrorism is not to kill cows or plants. These are the means to the end of causing

economic damage, social unrest, and loss of confidence in government. Human health could be at

risk if contaminated food reaches the table or if an animal pathogen is transmissible to humans

(zoonotic). While agriculture may not be a terrorist’s first choice because it lacks the “shock

factor” of more traditional terrorist targets, many analysts consider it a viable secondary target.

Agriculture has several characteristics that pose unique vulnerabilities. Farms are geographically

disbursed in unsecured environments. Livestock are frequently concentrated in confined

locations, and transported or commingled with other herds. Many agricultural diseases can

be obtained, handled, and distributed easily. International trade in food products often is tied

to disease-free status, which could be jeopardized by an attack. Many veterinarians lack

experience with foreign animal diseases that are eradicated domestically but remain endemic

in foreign countries.

In the past five years, “food defense” has received increasing attention in the counterterrorism

and bioterrorism communities. Laboratory and response capacity are being upgraded to address

the reality of agroterrorism, and national response plans now incorporate agroterrorism.

Congress has held hearings on agroterrorism and enacted laws and appropriations with

agroterrorism-related provisions. The executive branch has responded by implementing the new

laws, issuing several presidential directives, and creating liaison and coordination offices. The

Government Accountability Office (GAO) has studied several issues related to agroterrorism.

Appropriations and user fees for agriculture-related homeland security activities in USDA and

DHS have more than tripled from a $225 million “pre-September 11” baseline in FY2002 to $818

million in FY2007. Agriculture now receives about 2.1% of the total non-defense budget

authority for homeland security.

Increasing the level of agroterrorism preparedness remains a concern, as do interagency

coordination and adequate border inspections. The 110th Congress may consider bills or oversight

hearings to address funding and the level of preparedness or coordination to respond to an

agroterrorist attack.

This report will be updated as events warrant.

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Contents

Agriculture as a Target of Terrorism ............................................................................................1

Overview of Agroterrorism ...................................................................................................1

Federal Recognition of Agroterrorism ...................................................................................3

Importance of Agriculture in the United States ......................................................................4

Potential Economic Consequences ........................................................................................8

A Brief History of Agricultural Bioweapons ........................................................................ 11

Congressional Responses .......................................................................................................... 12

Hearings on Agroterrorism.................................................................................................. 12

Bioterrorism Preparedness Act (P.L. 107-188) ..................................................................... 13

Expanded FDA Authority over Food ............................................................................. 13

Tighter Security for Biological Agents and Toxins......................................................... 15

Homeland Security Act (P.L. 107-296) ................................................................................ 15

Transferring Agricultural Border Inspections ................................................................. 15

Plum Island Animal Disease Center............................................................................... 17

Animal Enterprise Terrorism Act (P.L. 109-374).................................................................. 18

GAO Studies....................................................................................................................... 18

Executive Branch Responses..................................................................................................... 20

HSPD-7 (Protecting Critical Infrastructure)......................................................................... 20

HSPD-9 (Defending Agriculture and Food) ......................................................................... 21

National Response Plan (NRP)............................................................................................ 22

Public-Private Partnerships ................................................................................................. 23

National Infrastructure Protection Plan (NIPP) .............................................................. 23

Strategic Partnership Program Agroterrorism (SPAA).................................................... 24

Information Sharing and Analysis Center (ISAC) .......................................................... 24

Laboratories and Research Centers...................................................................................... 25

National Bio and Agro-Defense Facility (NBAF) .......................................................... 25

USDA Laboratories....................................................................................................... 27

Laboratory Networks .................................................................................................... 28

DHS Centers of Excellence ........................................................................................... 29

Federal Funding to Respond to Agroterrorism ........................................................................... 29

By Year and Source............................................................................................................. 31

By Agency .......................................................................................................................... 33

By Function for Homeland Security .................................................................................... 35

Chronology of Appropriations ............................................................................................. 37

FY2008 Budget Request ..................................................................................................... 39

FY2008 USDA “Food and Agriculture Defense Initiative” ............................................ 39

FY2008 DHS Budget Initiative ..................................................................................... 40

Possible Pathogens in an Agroterrorist Attack............................................................................ 41

Animal Pathogens ............................................................................................................... 42

OIE List........................................................................................................................ 42

Select Agents List ......................................................................................................... 43

Plant Pathogens................................................................................................................... 44

Countering the Threat ............................................................................................................... 45

Deterrence and Prevention .................................................................................................. 46

Detection and Response ...................................................................................................... 47

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Federal Authorities........................................................................................................ 49

National Veterinary Stockpiles (NVS) ........................................................................... 51

Recovery and Management ................................................................................................. 51

National Plant Disease Recovery System (NPDRS)....................................................... 52

Issues for Congress ................................................................................................................... 52

Appropriations .................................................................................................................... 52

Legislation .......................................................................................................................... 52

Context from the 109th Congress ................................................................................... 53

USDA Programs to Bolster Preparedness ...................................................................... 54

Responsibilities of DHS ................................................................................................ 54

Inter-agency Coordination............................................................................................. 55

Judicial Issues ............................................................................................................... 57

Figures

Figure 1. Geographic Distribution of Agricultural Production......................................................5

Figure 2. Concentration of Cattle Production...............................................................................6

Figure 3. Concentration of Hog Production .................................................................................7

Figure 4. Concentration of Chicken Production ...........................................................................7

Figure 5. Concentration of Corn Production ................................................................................7

Figure 6. Homeland Security Funding for Agriculture, by Source .............................................. 33

Figure 7. Homeland Security Funding for Agriculture, by Agency ............................................. 35

Figure 8. Homeland Security Funding for Agriculture, by Function ........................................... 36

Tables

Table 1. Percent of Homeland Security Funding for Agriculture ................................................ 32

Table 2. Homeland Security Funding for Agriculture, by Agency............................................... 34

Table 3. Homeland Security Funding for Agriculture, by Function............................................. 36

Table 4. USDA Food and Agriculture Defense Initiative............................................................ 40

Table 5. Livestock Diseases in the Select Agent List.................................................................. 43

Table 6. Plant Diseases in the Select Agent List ......................................................................... 45

Table 7. Bills in the 109th Congress Addressing Agroterrorism................................................... 53

Contacts

Author Contact Information ...................................................................................................... 57

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Agriculture as a Target of Terrorism

Overview of Agroterrorism

The potential for terrorist attacks against agricultural targets (agroterrorism) is increasingly

recognized as a national security threat, especially after the events of September 11, 2001. In this

context, agroterrorism is defined as the deliberate introduction of an animal or plant disease with

the goal of generating fear over the safety of food, causing economic losses, and/or undermining

social stability. The response to the threat of agroterrorism has come to be called “food defense.”1

An agroterrorist event would usually involve bioterrorism, since likely vectors include pathogens

such as a viruses, bacteria, or fungi. People more generally associate bioterrorism with outbreaks

of human illness (e.g., anthrax or smallpox), rather than diseases affecting animals or plants.

The goal of agroterrorism is not killing cows or plants. These are the means to the end of causing

economic crises in the agricultural and food industries, social unrest, and loss of confidence in

government. Human health could be at risk through contaminated food or if an animal pathogen

is transmissible to humans (zoonotic).

While agriculture may not be a terrorist’s first choice because it lacks the “shock factor” of

more traditional terrorist targets, an increasing number of terrorism analysts consider it a viable

secondary target.2 Agroterrorism could be a low-cost but highly effective means toward an

al-Qaeda goal of destroying the United States’ economy. Evidence that agriculture and food

are potential al Qaeda targets came in 2002 when terrorist hideouts in Afghanistan were

found containing agricultural documents and manuals describing ways to make animal and

plant poisons. 3

Agriculture has several characteristics that pose unique problems:

•

Farms are geographically disbursed in unsecured environments (e.g., open fields

and pastures throughout the countryside). While some livestock are housed in

facilities that can be secured, agriculture generally requires large expanses of

land that are difficult to secure.

•

Livestock frequently are concentrated in confined locations (e.g., feedlots with

thousands of cattle in open-air pens, farms with tens of thousands of pigs, or

barns with hundreds of thousands of poultry) allowing diseases to infect more

animals quickly. Concentration in slaughter, processing also makes large scale

contamination possible.

The terms “food defense,” “food safety,” and “food security” refer to different issues. Food defense refers to

protecting the food supply from intentional contamination, that is agroterrorism. Food safety refers to avoiding

accidental contamination by promoting safe food handling practices at processors or at home. Food security refers to

having access to enough food to maintain proper nutrition and an active lifestyle (avoiding starvation).

Peter Chalk, “The U.S. Agricultural System: A Target for al-Qaeda?” Terrorism Monitor, March 11, 2005

http://jamestown.org/terrorism/news/article.php?articleid=2369398.

Susan Collins, “Opening Statement” in Agroterrorism: The Threat to America’s Breadbasket, Senate Committee on

Governmental Affairs, S.Hrg. 108-491, Nov. 19, 2003, http://frwebgate.access.gpo.gov/cgi-bin/

getdoc.cgi?dbname=108_senate_hearings&docid=f:91045.wais.pdf.

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•

The number of lethal and contagious biological agents is greater for plants and

animals than for humans. Most of these diseases are environmentally resilient,

endemic in foreign countries, and not harmful to humans—making it easier for

terrorists to acquire, handle, and deploy the pathogens.

•

Live animals, grain, and processed food products are routinely transported and

commingled in the production and processing system. These factors circumvent

natural barriers that could slow pathogenic dissemination.

•

International trade in livestock, grains, and food products is often tied to diseasefree status. The presence (or rumor4) of certain pests or diseases in a country can

quickly stop exports of a commodity, cause domestic consumption to drop,

disrupt commodities markets, and can take months or years to recover.

•

The past success of keeping many diseases out of the U.S. means that many

veterinarians and scientists lack direct experience with foreign diseases. This may

delay recognition of symptoms in case of an outbreak, and the ability to respond

to an outbreak.

Thus, the general susceptibility of the agriculture and food industry to bioterrorism is difficult to

address in a systematic way due to the geographically dispersed, yet industrially concentrated

nature of the industry, and the inherent biology of growing plants and raising animals.

In an attack, the agricultural sector would suffer economically from plant and animal health

losses, and the supply of food and fiber may be reduced. The demand for foods targeted in an

attack may decline (e.g., dairy, beef, pork, poultry, grains, fruit, or vegetables), while demand for

substitute foods may rise.

Economic losses would accrue to individuals, businesses, and governments through costs to

contain and eradicate the disease, and to dispose of contaminated products. More losses

would accumulate as the supply chain is disrupted from farm-to-fork. Domestic markets for

food may drop, and trade restrictions could be imposed on U.S. exports. The economic impact

would range from farmers to input suppliers, food processors, transportation, retailers, and food

service providers.

Significant threats to the currently-held notion of food security could affect our social order. Fear

of food shortages moved further from American psyche as the United States from an agrarian

society to the industrial and information age. Nevertheless, food remains an important element of

everyone’s daily routine and is necessary for survival.

Scope of This Report

This report addresses the use of biological weapons against agriculture, rather than terrorists

using agricultural inputs or equipment in attacks against non-agricultural targets. For example, the

Department of Transportation issued regulations for developing security plans to protect

A May 2005 incident in New Zealand over the supposed release of Foot and Mouth Disease (FMD) was declared a

hoax after two weeks of extensive testing and quarantine of Waiheke island http://www.maf.govt.nz/mafnet/press/

operation-waiheke/index.htm. A letter demanded money and changes to tax policies. The response efforts may have

cost the New Zealand government about $716,000 per day (USD).

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dangerous agricultural materials such as fuels, chemicals, and fertilizers against theft.5 Legislation

proposed in 2005-2006 (H.R. 3197, H.R. 1389, and S. 1141, 109th Congress) would have

restricted the handling of ammonium nitrate, an agricultural fertilizer that can be converted into

an explosive. Another example is the concern over misuse of small aircraft, particularly cropdusters, to spread biological weapons.6

This report focuses primarily on biological weapons (rather than chemical weapons) because

biological weapons generally are considered the more potent agroterrorism threat. This report

also focuses more on agricultural production than food processing and distribution, although the

later is discussed.

For more on chemical and biological weapons, see CRS Report RL32391, Small-scale Terrorist

Attacks Using Chemical and Biological Agents: An Assessment Framework and Preliminary

Comparisons, by (name redacted) and (name redacted); and CRS Report RL31669,

Terrorism:

Background on Chemical, Biological, and Toxin Weapons and Options for Lessening Their

Impact, by (name redacted).

Federal Recognition of Agroterrorism

Even before September 11, 2001, and the focus on terrorist threats that ensued, references to

agroterrorism and/or agricultural bioweapons can be found in the government, academia, and the

press. For example, the Gilmore Commission (on terrorism), in its first report to Congress in

1999, noted that

“... a biological attack against an agricultural target offers terrorists a virtually risk-free form

of assault, which has a high probability of success and which also has the prospect of

obtaining political objectives, such as undermining confidence in the ability of government

or giving the terrorists an improved bargaining position.”7

Senator Roberts from Kansas also raised the awareness of agroterrorism with a hearing of the

Senate Committee on Armed Services in 1999.8

However, as the 20th century ended, agriculture and food production received less attention, or

sometimes was overlooked, in federal counterterrorism and homeland security activities. A

Presidential directive in 1998 on protecting critical infrastructure did not include agriculture and

food. Agriculture was added to this list only in December 2003. Thus, after what many observers

claim to be a slow start after September 11, 2001, agriculture now is garnering more attention in

the expanding field of terrorism studies and policies.

Agricultural inputs as defined in 49 CFR 171.8 are included in the security plans required in 49 CFR 172.800.

Security issues and guidelines for agricultural aviation are discussed at http://www.agaviation.org/securitypage.htm.

Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction

(also known as the Gilmore Commission), First Annual Report to the President and Congress: Assessing the Threat,

Dec. 15, 1999, pp. 12-15, at http://www.rand.org/nsrd/terrpanel.

Senate Committee on Armed Services, Subcommittee on Emerging Threats, “The Agricultural Biological Weapons

Threat to the United States,” Oct. 27, 1999 http://armed-services.senate.gov/hearings/1999/e991027.htm.

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Agroterrorism received heightened national attention in December 2004 when then-Secretary of

Health and Human Services Tommy Thompson said in his resignation speech, “For the life of

me, I cannot understand why the terrorists have not attacked our food supply because it is so easy

to do.”9

Congress has held hearings on agroterrorism and, while addressing terrorism more broadly, has

implemented laws and appropriations with provisions important to agriculture. The Government

Accountability Office (GAO) has studied aspects of food safety, border inspections, interagency

coordination, and physical security with respect to agroterrorism. The executive branch has

responded by implementing the new laws, issuing several presidential directives, creating

terrorism and agroterrorism task forces, and publishing protection and response plans. The law

enforcement community has recognized agroterrorism as a threat, highlighted by FBI and JTTF

(Joint Terrorism Task Force) sponsorship of an annual conference on agroterrorism.10

The 9/11 Commission (National Commission on Terrorist Attacks Upon the United States) does

not make any direct references to agroterrorism or terrorism on the food supply in its 2004

report.11 However, agriculture obviously would be affected, along with other sectors of the

economy, by some of the commission’s recommendations regarding coordination of intelligence,

information sharing, and first responders. An evaluation of those separate issues, however, is

outside the scope of this report.

Importance of Agriculture in the United States

Agriculture and the food industry are very important to the social, economic, and arguably, the

political stability of the United States. Although farming employs less than 2% of the of the

country’s workforce, 16% of the workforce is involved in the food and fiber sector, ranging from

farmers and input suppliers, to processors, shippers, grocers, and restaurateurs. In 2002, the food

and fiber sector contributed $1.2 trillion, or 11% to the gross domestic product (GDP), even

though the farm sector itself contributed less than 1%.12 Gross farm sales exceeded $200 billion,

and are relatively concentrated throughout the Midwest, parts of the East Coast, and California

(Figure 1). Production is split nearly evenly between crops and livestock. In 2002, livestock

inventories included 95 million cattle, and 60 million hogs. Farm sales of broilers and other meattype chickens exceeded 8.5 billion birds.13

New York Times, “U.S. Health Chief, Stepping Down, Issues Warning,” Dec. 4, 2004.

International Symposium on Agroterrorism, http://www.fbi-isa.org.

National Commission on Terrorist Attacks Upon the United States, The 9/11 Commission Report, July 2004, at

http://www.9-11commission.gov/report/911Report.pdf.

USDA Economic Research Service, Agricultural Outlook tables, Table 1 (Key Statistical Indicators), April 2005, at

http://www.ers.usda.gov/publications/Agoutlook/AOTables.

USDA National Agricultural Statistics Service, 2002 Census of Agriculture.

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Figure 1. Geographic Distribution of Agricultural Production

Source: USDA, 2002 Census of Agriculture.

Note: 1 dot = $20 million; United States Total: $200.6 billion.

Agriculture in the U.S. is technologically advanced and efficient. This productivity allows

Americans to spend only about 10% of their disposable income on food (both at home and away

from home). Productivity increases over time have allowed the share of disposable income spent

on food in the U.S. to fall from 23% in 1929 to 10% in 2003. The United States has the lowest

spending on food prepared at home (6.5%) compared to the rest of the world, which ranges from

10%-15% for most developed countries and 30% or higher for some developing countries.14

The U.S. produces and exports a large share the world’s grain. In 2003, the U.S. share of world

production was 42% for corn, 35% for soybeans, and 12% for wheat. Of global exports, the U.S.

accounted for 65% for corn, 40% for soybeans, and 32% for wheat. If export markets were to

decline following an agroterrorism event, U.S. markets could be severely disrupted since 21% of

U.S. agricultural production is exported (10.5% of livestock, and 22% of crops). The U.S.

exported nearly $60 billion of agricultural products (8% of all U.S. exports), and imported $47

billion of agricultural products (4% of all U.S. imports), making agriculture a positive contributor

to the country’s balance of trade. 15

USDA Economic Research Service, Food Expenditure Tables, Tables 7 and 97, at http://www.ers.usda.gov/Briefing/

CPIFoodAndExpenditures/Data, accessed Jan. 18, 2007.

U.S. Census Bureau, Statistical Abstract of the United States: 2004-2005—Agriculture, at http://www.census.gov/

prod/2004pubs/04statab/agricult.pdf.

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The price of land is directly correlated to the productivity and marketability of agricultural

products, and the level of federal farm income support payments. In 2003, farm assets exceeded

$1.3 trillion, with $1.1 trillion in equity.16 Land and other real estate accounts for 80% of those

assets. Of the 938 million acres of farm land in the U.S., 46% are in crop land, 42% are pasture

and range land, and 8% are wood land. 17

Agricultural production in the U.S. is concentrated geographically and on a subset of large farms.

Although the number of farms in the 2002 Census of Agriculture totaled 2.1 million, 75% of the

value of production occurs on just 6.7%, or 143,500, of these farms. This subset of farms has

average sales of $1 million annually, and averages 2,000 acres in size.

Livestock and poultry production are concentrated in different regions of the country, and in large

numbers. Cattle are the least concentrated of the major types of livestock, given the prevalence of

small cow-calf herds throughout the country and pockets of dairy on the West Coast, upper

Midwest, and Northeast. However, beef cattle feedlots are particularly concentrated in a swath

from northern Texas through Kansas, Nebraska, eastern Colorado, and western Iowa. The top five

cattle-producing states (Texas, California, Missouri, Oklahoma, and Nebraska) produce 35% of

U.S. cattle (Figure 2).18

Figure 2. Concentration of Cattle Production

Source: U.S. Department of Agriculture, 2002 Census of Agriculture.

Note: Cattle production consists of milk and beef cattle.

USDA Economic Research Service, Agricultural Outlook tables, Table 32 (Balance Sheet of the U.S. Farming

Sector), April 2005.

USDA National Agricultural Statistics Service, 2002 Census of Agriculture, June 2004, at http://www.nass.usda.gov/

census.

GAO, Much is Being Done to Protect Agriculture from a Terrorist Attack, but Important Challenges Remain, GAO05-214, Mar. 8, 2005, pp. 10-11, 70-71.

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Figure 3. Concentration of Hog Production

Source: U.S. Department of Agriculture, 2002 Census of Agriculture.

Note: Three states did not disclose their information.

Figure 4. Concentration of Chicken Production

Total percentage

of theU.S. chickenproducing states

Chicken:

Top 3chicken-produci ng states

Percentage composition of

U.S. chicken-producing states

Top 3 chickenproduci ng

states

41%

59%

Georgia

Arkansas

Alabama

Remaining 45 states

Percentage

Th e remai nin g 4 5 st ates pro duce 59 %

(e ach produc es 9% o r less).

Note: Chic ken production consists of broil ersand layers.

Two states did not discl oset heir i nformation.

Source: U.S. Department of Agriculture, 2002 Census of Agriculture.

Note: Chicken production consists of broilers and layers. Two states did not disclose their information.

Figure 5. Concentration of Corn Production

Corn:

Top 4 corn (ac res)-p

roducing states

Total percentage

of theU.S. corn (acres)producing states

Top 4 cornproducing

states

54%

46%

Percentage composition of

U.S. corn (acres)-p

roducing states

Iow a

Illinois

Nebraska

Minnesota

Remaining 45 states

Percentage

The remaining 45 states produce 46%

(each produces 8% or less).

Note:Onest atedid not producecorn.

Source: U.S. Department of Agriculture, 2002 Census of Agriculture.

Note: One state did not produce corn.

Hog inventories are concentrated in the Midwest, especially Iowa and southern Minnesota, and in

North Carolina. The top three hog-producing states (Iowa, North Carolina, and Minnesota)

produce 53% of U.S. hogs (Figure 3). The production of broilers for poultry meat is concentrated

throughout the Southeast, ranging from the Oklahoma-Arkansas border up to the Delmarva

peninsula (Delaware-Maryland-Virginia). The top three chicken-producing states (Georgia,

Arkansas, and Alabama) produce 41% of U.S. chickens (Figure 4).

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Grain production is concentrated in the Midwest, although other states may contribute significant

shares for particular commodities. The top four corn-producing states (Iowa, Illinois, Nebraska,

and Minnesota) produce 54% of the crop (Figure 5).

Potential Economic Consequences

Economic losses from an agroterrorist incident could be large and widespread.

•

First, losses would include the value of lost production, the cost of destroying

diseased or potentially diseased products, and the cost of containment (drugs,

diagnostics, pesticides, and veterinary services).

•

Second, export markets could be lost if importing countries place restrictions on

U.S. products to prevent possibilities of the disease spreading. Sanitary and

phytosanitary rules in international trade agreements would be important for

maintaining export markets.

•

Third, multiplier effects could ripple through the economy due to decreased sales

by agriculturally dependent businesses (farm input suppliers, food

manufacturing, transportation, retail grocery, and food service). Tourism can be

affected of access to certain destinations within the country is limited or

perceptions of food or personal safety falter.

•

Fourth, federal and state governments could bear significant costs,

including eradication and containment costs, and compensation to producers

for destroyed animals.

Depending on the erosion of consumer confidence and export sales, market prices of the

affected commodities may drop. This would affect producers whose herds or crops were not

directly infected, making the event national in scale even if the disease itself were contained to

a small region.

For food types or product lines that are not contaminated, however, demand may become

stronger, and market prices could rise for those products. Such goods may include substitutes for

the food that was the target of the attack (e.g., chicken instead of beef), or product that can be

certified to originate from outside a contaminated area (e.g., beef from another region of the

country, or imported beef). For example, when Canada announced the discovery of mad cow

disease (BSE, or bovine spongiform encephalopathy) in May 2003, farm-level prices of beef in

Canada dropped by nearly half, while beef prices in the United States remained very strong at

record or near record levels. When a cow with BSE was discovered in the United States in

December 2003, U.S. beef prices fell, but less dramatically than in Canada.19

CRS Report RS21709, Mad Cow Disease and U.S. Beef Trade, by (name redacted) and (name redacted).

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Consumer confidence in government may also be tested depending on the scale of the eradication

effort and means of destroying animals or crops. The need to slaughter perhaps hundreds of

thousands of cattle (or tens of millions of poultry) could generate public criticism if depopulation

methods are considered inhumane or the destruction of carcasses is questioned environmentally.

For example, during the United Kingdom’s foot-and-mouth (FMD) outbreak in 2001, euthanizing

thousands of cattle and incinerating the carcasses in huge open air pyres provided poignant

television images and difficult public relations situations for the agriculture ministry. Dealing

with these concerns can add to the cost for both government and industry.

Depending on the disease and means of transmission, the potential for economic damage depends

on a number of factors such as the disease agent, location of the attack, rate of transmission,

geographical dispersion, how long it remains undetected, availability of countermeasures or

quarantines, and incident response plans. Potential costs are difficult to estimate and can vary

widely based on compounding assumptions.

Drawing on the FMD outbreak in the United Kingdom in 2001, Price Waterhouse Coopers

estimated that the economic impact was $1,389 to $4,477 for each of the 2.6 million head of

livestock (cattle, sheep, and hogs) on which indemnities were paid in the U.K. These impacts

exceed the value of the animals because of the number of industries affected by the outbreak,

ranging from feed suppliers to tourism. Applying the loss ratios from the U.K. incident to the

larger U.S. livestock industry, Price Waterhouse Coopers estimates that 7.5 million animals (5.3

million cattle, 1.4 million hogs, and 800,000 sheep) might be destroyed in a similar scale

outbreak in the United States. The resulting economic impact could range from $10.4 billion to

$33.6 billion, using the range of impacts estimated from the U.K.20

A 2002 National Defense University study estimates that a limited outbreak of FMD on just 10

farms could have a $2 billion financial impact.21 A study by the USDA Economic Research

Service (ERS) outlines the wide-ranging implications of a FMD outbreak in the U.S., assigning

probabilities for animal losses but not estimating a dollar loss.22 A 1994 study by the United

States Department of Agriculture (USDA) on African swine fever suggested that if the disease

were to become entrenched in the U.S., the 10-year impact would be at least $5.4 billion.23 The

impact in today’s dollars could be much higher.

However, not all assessments agree that the economic consequences of an agroterrorist attack

would be large and widespread. A December 2004 report by the Congressional Budget Office

(CBO) concludes that the nation’s economic loss from an agroterrorist attack

Beth Lautner and Steve Meyer, “U.S. Agriculture in Context: Sector’s Importance to the American Economy and Its

Role in Global Trade,” Conference Proceedings of the [White House] Office of Science and Technology Policy Blue

Ribbon Panel on the Threat of Biological Terrorism Directed Against Livestock, Washington, DC, Dec. 8-9, 2003, at

http://www.rand.org/scitech/stpi/Bioagpanel.

Henry S. Parker, Agricultural Bioterrorism: A Federal Strategy to Meet the Threat, McNair Paper 65, National

Defense University, March 2002, at http://www.ndu.edu/inss/McNair/mcnair65/McN_65.pdf.

Kenneth H. Mathews and Janet Perry, “The Economic Consequences of Bovine Spongiform Encephalopathy and

Food and Mouth Disease Outbreaks in the United States,” Appendix 6 in Animal Disease Risk Assessment, Prevention

and Control Act of 2001 (P.L. 107-9): Final Report of the P.L. 107-9 Federal Inter-Agency Working Group, January

2003, at http://www.aphis.usda.gov/lpa/pubs/pubs/PL107-9_1-03.pdf.

Renlemann and Spinelli, “An Economic Assessment of the Costs and Benefits of African Swine Fever Prevention,”

Animal Health Insight, Spring/Summer 1994.

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“would probably be small, primarily because the food and agriculture industry is

well adapted to the prospect of disruptions from weather, pests, and occasional

health incidents.”24

The CBO report also suggests that the food industry’s experience recalling contaminated lots and

the existence of commodity support programs “to sustain the incomes of some agricultural

producers” might keep economic losses “within the realm of industry experience and current

public plans for detection and response.”25

Such a conclusion likely overstates the capacity of traditional farm commodity programs to

respond to the scale devastation possible in agroterrorism. The purpose of farm commodity

programs is to support farm income when prices and production vary within normal year-to-year

cycles. They were never envisioned to compensate for losses due to agroterrorism or even

widespread pest and disease outbreaks.

The federal farm commodity support programs subsidize about 25 agricultural commodities (such

as corn, wheat, soybeans, rice, and cotton). These supported commodities represent about onethird of gross farm sales. The list of commodities that normally do not receive direct support

includes meats, poultry, fruits, vegetables, nuts, hay, and nursery products. These non-supported

commodities account for about two-thirds of gross farm sales26 and are possibly more likely to be

the targets of an agroterrorist attack.

Thus, the food products more vulnerable to attack (meats, fruits, and vegetables) do not have

existing federal farm income support programs. Food processors or retailers beyond the farm gate

do not receive any commodity support payments. Any federal assistance to producers or

processors stemming from an agroterrorist attack would likely come from the emergency transfer

authority available to the Secretary of Agriculture27 (for producers) and through supplemental

emergency appropriations enacted by Congress (for producers, and possibly processors). Making

disaster payments to individuals who do not normally receive commodity payments is technically

more difficult than supplementing regular program payments.

In the end, despite the CBO suggestion that the economic effects of agroterrorism might fall

within the realm of normal experience, numerous federal agencies, state agencies, and private

corporations continue to prepare for agroterrorism based on the assumption that an attack could

exceed the typical experience with naturally or accidentally occurring outbreaks.

Congressional Budget Office, Homeland Security and the Private Sector, December 2004, p. 41, at

http://www.cbo.gov/showdoc.cfm?index=6042&sequence=0&from=7.

Ibid.

CRS Report RL34594, Farm Commodity Programs in the 2008 Farm Bill, by (name redacted).

For pest and disease emergencies, the Secretary of Agriculture has long-standing authority to transfer money from

the Commodity Credit Corporation (CCC) to the Animal and Plant Health Inspection Service, both for eradication and

control and indemnities to producers (7 U.S.C. 7772, and 7 U.S.C. 8316). Between $168 million and $378 million per

year has been transferred for 10 or more natural or accidental pest and disease outbreaks in recent years. See CRS

Report RL32504, Funding Plant and Animal Health Emergencies: Transfers from the Commodity Credit Corporation,

by (name redacted) and (name redacted).

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A Brief History of Agricultural Bioweapons

Attacks against agricultural production are not new, and have been conducted both by nationstates and by substate organizations throughout history.28 At least nine countries had documented

agricultural bioweapons programs during some part of the 20th century (Canada, France,

Germany, Iraq, Japan, South Africa, United Kingdom, United States, and the former USSR). Four

other countries are believed to have or have had agricultural bioweapons programs (Egypt, North

Korea, Rhodesia, and Syria).29

Despite extensive research on the issue, however, biological weapons have been used rarely

against crops or livestock, especially by state actors. Examples of state actors using biological

weapons against agriculture include Germany’s use of glanders against Allied horses and mules in

World War I, the alleged use of anthrax and rinderpest by Japan in World War II, and the alleged

use of glanders by Soviet forces in Afghanistan in the 1980s.30 Thus, in recent decades, using

biological weapons against agricultural targets has remained mostly a theoretical consideration.

With the ratification of the Biological and Toxin Weapons Convention in 1972, many countries,

including the United States, stopped military development of biological weapons and destroyed

their stockpiles.

Although individuals or substate groups have used bioweapons against agricultural or food

targets, only a few can be considered terrorist in nature. In 1952, the Mau Mau (an insurgent

organization in Kenya) killed 33 head of cattle at a mission station using African milk bush (a

local plant toxin). In 1984, the Rajneeshee cult spread salmonella in salad bars at Oregon

restaurants to influence a local election. 31

Chemical weapons have been used somewhat more commonly against agricultural targets. During

the Vietnam War, the U.S. used agent orange to destroy foliage, affecting some crops. Among

possible terrorist events, chemical attacks against agricultural targets include a 1997 attack by

Israeli settlers who sprayed pesticides on grapevines in two Palestinian villages, destroying up to

17,000 metric tons of grapes. In 1978, the Arab Revolutionary Council poisoned Israeli oranges

with mercury, injuring at least 12 people and reducing orange exports by 40%.32

This report considers only “modern” instances of directing weapons against agriculture and food. However, such

attacks can be cited for centuries prior to 1900, usually on a much smaller scale than generally conceived today.

Monterey Institute of International Studies, “Agro-terrorism,” at http://cns.miis.edu/research/cbw/agromain.htm;

University of Minnesota Center for Infectious Disease Research and Policy (CIDRAP), “Overview of Agricultural

Biosecurity,” at http://www.cidrap.umn.edu/cidrap/content/biosecurity/ag-biosec/biofacts/agbiooview.html; and Peter

Chalk, RAND National Defense Research Institute, “Hitting America’s Soft Underbelly: The Potential Threat of

Deliberate Biological Attacks Against U.S. Agricultural and Food Industry,” 2004, at http://www.rand.org/pubs/

monographs/2004/RAND_MG135.pdf.

Monterey Institute of International Studies; and Center for Infectious Disease Research and Policy.

Peter Chalk (2004), p. 29.

Center for Infectious Disease Research and Policy (CIDRAP).

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Congressional Responses

Hearings on Agroterrorism

From 1999 to 2006, Congress has held five hearings entirely devoted to agroterrorism or

agricultural biosecurity, four in the Senate and one in the House, each by a different committee

or subcommittee.

The first Congressional hearing on agroterrorism was in October 1999, called by Senator Pat

Roberts of the Subcommittee on Emerging Threats in the Senate Committee on Armed Services.

The hearing was titled, “The Agricultural Biological Weapons Threat to the United States,” and

had both closed and open sessions with different witnesses.33

Four years later, on November 19, 2003, the Senate Committee on Governmental Affairs held an

open hearing titled, “Agroterrorism: The Threat to America’s Breadbasket,” including witnesses

from the Administration, state governments, and a private think tank. 34 During the four years

between these two hearings when the specter of terrorism was raised after September 11, 2001, a

few individual panelists at more general hearings on food safety, homeland security, or terrorism

discussed agroterrorism.35

In May 2005, a subcommittee of the House Homeland Security Committee held a hearing titled,

“Evaluating the Threat of Agro-Terrorism.”36 Both an open session and a closed session were held

with the same two witnesses.

Two months later, in July 2005, the Senate Agriculture Committee held a hearing titled, “Biosecurity and Agro-Terrorism.”37 Eight panelists from government, law enforcement, academia,

and industry discussed vulnerabilities and preparedness efforts.

In January 2006, the Senate Agriculture Committee’s Subcommittee on Research,

Nutrition, and General Legislation held a field hearing in Pennsylvania titled “BioSecurity

Coordination.”38 Ten panelists from government, academia, and industry discussed preparedness

and coordination issues.

Senate Committee on Armed Services, Subcommittee on Emerging Threats, “The Agricultural Biological Weapons

Treat to the United States,” Oct. 27, 1999 http://armed-services.senate.gov/hearings/1999/e991027.htm.

Senate Committee on Governmental Affairs, Agroterrorism: The Threat to America’s Breadbasket, S.Hrg. 108-491,

Nov. 19, 2003, http://frwebgate.access.gpo.gov/cgi-bin/

getdoc.cgi?dbname=108_senate_hearings&docid=f:91045.wais.pdf.

For example, testimony by Peter Chalk, RAND, “Terrorism, Infrastructure Protection, and the U.S. Food and

Agriculture Sector” at the Senate Governmental Affairs Subcommittee on Oversight of Government Management,

Restructuring, and the District of Columbia hearing on “Federal Food Safety and Security,” Oct. 10, 2001

http://www.rand.org/publications/CT/CT184/CT184.pdf.

House Homeland Security Committee, Subcommittee on Intelligence, Information Sharing, and Terrorism Risk

Assessment, “Evaluating the Threat of Agro-Terrorism,” Serial 109-16, May 25, 2005 http://frwebgate.access.gpo.gov/

cgi-bin/useftp.cgi?IPaddress=162.140.64.128&filename=23605.pdf&directory=/diskb/wais/data/109_house_hearings.

Senate Committee on Agriculture, Nutrition, and Forestry, To Review Biosecurity Preparedness and Efforts to

Address Agroterrorism Threats, S.Hrg. 109-457, July 20, 2005, http://www.access.gpo.gov/congress/senate/pdf/

109hrg/22648.pdf.

Senate Committee on Agriculture, Nutrition, and Forestry; Subcommittee on Research, Nutrition, and General

(continued...)

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Bioterrorism Preparedness Act (P.L. 107-188)

The Public Health Security and Bioterrorism Preparedness and Response Act (P.L. 107-188,

June 12, 2002) was enacted in response to vulnerabilities identified following September 11,

2001. Among many provisions affecting public health and general preparedness, the act

contained several provisions important to agriculture. These provisions accomplish the following:

•

Expand Food and Drug Administration (FDA) authority over food manufacturing

and imports (particularly in sections 303-307).

•

Tighten control of biological agents and toxins (“select agents” in sections 211213, the “Agricultural Bioterrorism Protection Act of 2002”) under rules by the

Animal and Plant Health Inspection Service (APHIS) and Centers for Disease

Control and Prevention.

•

Authorize expanded agricultural security activities and security upgrades at

USDA facilities (sections 331-335).

•

Address criminal penalties for terrorism against animal enterprises (section 336)

and violation of the select agent rules (section 231).

Expanded FDA Authority over Food

The Bioterrorism Preparedness Act responded to long-standing concerns about whether the Food

and Drug Administration (FDA) in the Department of Health and Human Services (HHS) had the

authority to assure food safety. FDA was instructed to implement new rules for (1) registration of

food processors, (2) prior notice of food imports, (3) administrative detention of imports, and (4)

record-keeping. 39 Proposed rules began being issued in early 2003; the final set of rules was

published in December 2004.40

Registration of Food Processors

The act required FDA to establish a one-time registration system for any domestic or foreign

facility that manufactures, processes, packs, and handles food. All food facilities supplying food

for the United States were required to register with the FDA by December 12, 2003 (21 CFR

1.225 to 1.243). Registering involved providing information about the food products (brand

names and general food categories), facility addresses, and contact information. Restaurants,

certain retail stores, farms, non-profit food and feeding establishments, fishing vessels, and trucks

and other motor carriers were exempt from registration requirements. However, many farms had a

difficult time determining whether they needed to register based on the amount of handling or

processing they performed.

(...continued)

Legislation, Bio-Security Coordination, S. Hrg. 109-619, Jan. 9, 2006 http://frwebgate.access.gpo.gov/cgi-bin/

getdoc.cgi?dbname=109_senate_hearings&docid=f:30234.pdf.

For greater detail about these rules, please see CRS Report RL31853, Food Safety Issues in the 109th Congress, by

(name redacted).

FDA, “FDA Actions on New Bioterrorism Legislation,” at http://www.cfsan.fda.gov/~dms/fsbtact.html.

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Registration documents are protected from public disclosure under the Freedom of Information

Act (FOIA). The registry provides, for the first time, a complete list of companies subject to FDA

authority, and will enhance the agency’s capability to trace contaminated food. Critics argued that

registration created a record keeping burden without proof that facilities will be able to respond in

an emergency.

Prior Notice of Imports

As of December 12, 2003, importers are required to give advance notice to FDA prior to

importing food (21 CFR 1.276 to 1.285). Electronic notice must be provided by the importer

within a specified period prior to arrival at the border (within two hours by road, four hours by

air or rail, and eight hours by water). With prior notice, FDA can assess whether a shipment

meets criteria that can trigger an inspection. If notice is not given, the food will be refused entry

and held at the port or in secure storage. Some critics are concerned that the administrative cost of

compliance may raise the price of food. Others have argued that perishable imports are subject to

increased spoilage if delays arise, or that certain perishables (especially from Mexico) are

not harvested or loaded onto trucks before the two-hour notification period. However,

implementation of the new system generally has not caused delays and most shippers have

been accommodated.

To facilitate compliance, FDA and the Department of Homeland Security (DHS) Bureau of

Customs and Border Protection (CBP) integrated their information systems to allow food

importers to provide the required information using CBP’s existing system for imports. In

December 2003, the two agencies agreed to allow CBP officers to inspect imported foods on

FDA’s behalf, particularly at ports where FDA has no inspectors.

Administrative Detention

Upon enactment of the act, FDA obtained the authority to detain food imports under certain

conditions. FDA procedures for making detention were issued on June 4, 2004 (21 CFR 1.377 to

1.406). To use the authority, the agency must show credible evidence that a shipment presents a

serious health threat. Food may be detained for 20 days and up to 30 days, if necessary. The

owners must pay the expense of moving any detained food to secure storage. Perishable foods

(e.g., fruits, vegetables, and seafood) are to receive expedited review.

Maintenance of Records

FDA published a proposed rule for record-keeping on May 9, 2003, and issued a corrected final

rule on February 23, 2005 (21 CFR 1.363 to 1.368). People or companies that manufacture,

process, pack, transport, distribute, receive, hold, or import food (with the exception of farms,

restaurants and certain others) must establish and maintain records for up to two years. In the

event of a suspected food safety problem, the regulation provides FDA access to records

including the facility’s immediate supplier, and the immediate customer. Companies can keep the

information in any form and use existing records.

The rule limits access to records that may contain trade secrets and prevent disclosure of such

confidential information if records are reviewed. FDA is allowed to reduce the record-keeping

requirements for small businesses and to exempt farms, restaurants, and fishing vessels not

engaged in processing.

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Tighter Security for Biological Agents and Toxins

In December 2002, the USDA Animal and Plant Health Inspection Service (APHIS) issued

regulations to reduce the threat that certain biological agents and toxins could be used in domestic

or international terrorism. APHIS determined that the “select agents” on the list have the potential

to pose a severe threat to agricultural production or food products.

The select agent regulations (9 CFR 121 for animals, 7 CFR 331 for plants) establish the

requirements for possession, use, and transfer of the listed pathogens. The rules affect many

research institutions including federal, state, university, and private laboratories, as well as firms

that transport such materials. The laboratories have had to assess security vulnerabilities and

upgrade physical security, often without additional financial resources. Some have been

concerned that certain research programs may be discontinued or avoided because of regulatory

difficulties in handling the select agents.

Extensive registration and background checks of both facilities and personnel were to be

conducted in 2003. However, due to delays at the FBI in processing security clearance

paperwork, provisional registrations were issued to laboratories that had submitted paperwork

by established deadlines.

Homeland Security Act (P.L. 107-296)

The main purpose of the Homeland Security Act of 2002 (P.L. 107-296, November 25, 2002) was

to create the Department of Homeland Security (DHS), primarily by transferring parts or all of

many agencies throughout the federal government into the new cabinet-level department. In

doing so, the law made two major changes to the facilities and functions of the U.S. Department

of Agriculture. The Homeland Security Act transferred:

•

personnel and responsibility for agricultural border inspections from USDA to

DHS (specifically, from the USDA Animal and Plant Health Inspection Service

(APHIS) to DHS Customs and Border Protection (CBP)), and

•

possession of the Plum Island Animal Disease Center in New York from USDA

to DHS.

Transferring Agricultural Border Inspections

Section 421 of the Homeland Security Act authorized the transfer of up to 3,200 APHIS

border inspection personnel to DHS. As of March 1, 2003, approximately 2,680 APHIS

inspectors became employees of DHS in the Bureau of Customs and Border Inspection

(CBP). Because of its scientific expertise, USDA retains a significant presence in border

inspection, as described below.

Historically, the APHIS Agricultural Quarantine Inspection (AQI) program was considered the

most significant and prominent of agricultural and food inspections at the border. Because of this

prominence, AQI was one of the many programs selected for inclusion when DHS was created.

Some drafts of the bill creating the new department would have transferred all of APHIS

(including, for example, animal welfare and disease eradication) to DHS. Concerns from many

farm interest groups about the impact this might have on diagnosis and treatment of naturally

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occurring plant and animal diseases prompted a legislative compromise that transferred only the

border inspection function and left other activities under USDA.

DHS-CBP personnel now inspect international conveyances and the baggage of passengers for

plant, animal, and related products that could harbor pests or disease organisms. They also inspect

ship and air cargo, rail and truck freight, and package mail from foreign countries.

Although the border inspection functions were transferred to DHS, the USDA retains a significant

presence in border activities. APHIS employees who were not transferred continue to pre-clear

certain commodities, inspect all plant propagative materials, and check animals in quarantine.

APHIS personnel continue to set agricultural inspection policies to be carried out by DHS border

inspectors, and negotiate memoranda of understanding to assure that necessary inspections are

conducted. APHIS manages the data collected during the inspections process, and monitors

smuggling and trade compliance. USDA is also statutorily charged in section 421(e)(2)(A) of P.L.

107-296 to “supervise” the training of CBP inspectors in consultation with DHS.

This separation of duties is designed to allow for consolidated border inspections for

intelligence and security goals, but preserve USDA’s expertise and historical mission to set

agricultural import policies.

Adding Agriculture Specialists

Under the CBP cross-training initiative in 2003 (also known as “One Face at the Border”), CBP

inspectors from the former customs, immigration, and agriculture agencies were to be trained to

perform inspections in all three areas equally, without specialization,—customs, immigration, and

agriculture. However, due to criticism from USDA, inspection unions, and the agricultural

industry, DHS created another class of inspectors called “agriculture specialists.” Agriculture

specialists work mainly in secondary inspection stations in passenger terminals and are deployed

at cargo terminals. The cadre of agriculture specialists include former APHIS inspectors who

decided not to convert to CBP generalist inspectors plus new graduates from the agricultural

specialist training program.

Before DHS was created, APHIS trained its inspectors in a nine-week course that had science

prerequisites. The initial DHS cross-training program announced in 2003 had only 12-16 hours

for agriculture in a 71-day course covering customs, immigration, and agriculture. This difference

in training was one of the reasons DHS was forced to add the agricultural specialist position.

DHS now has an eight-week (43-day) training program for agriculture specialists. The course is

taught by CBP and APHIS instructors at a USDA training facility in Frederick, Maryland.

Agriculture specialists also receive two weeks of law enforcement training, and can exercise law

enforcement authority similar to regular CBP officers. However, CBP does not necessarily allow

agriculture specialists to use the full extent of their law enforcement powers.41 The first class of

agriculture specialists graduated in July 2004.

Agriculture specialists do not carry firearms like regular CBP officers. CBP is still deciding whether agriculture

specialists will carry mace, batons, or firearms.

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Regular CBP officers receive about 12-16 hours of agricultural training during their multi-week

program at the Federal Law Enforcement Training Center (FLETC) in Georgia. The agriculture

module was developed by APHIS and provided to DHS.

Although DHS is training new agriculture specialists, the future size of the agricultural specialist

corps is not certain, given the eventual attrition of former APHIS inspectors. Also, details are not

available as to how these inspectors will be deployed and how many ports of entry will be staffed

with agriculture specialists (compared with the APHIS deployment prior to DHS). Without

agriculture specialists, primary agricultural inspections—the first line of defense for agricultural

security—may be conducted by cross-trained inspectors with limited agricultural training.

Congressional agriculture committees have been concerned about whether enough attention will

be devoted to agricultural inspections by DHS, and whether the United States will be as safe from

the introduction of foreign pests as it was under the previous inspection system. Inspection

statistics from the fall of 2003 indicate that 32% fewer insect infestations were found (under

DHS) than in the previous year (under APHIS). APHIS officials cite unfilled agricultural

inspector positions and difficulty in adequately cross-training former customs and immigration

officers to conduct agricultural inspections. 42

The FY2007 DHS appropriations act supports the cross-training initiative under One Face at the

Border (H.Rept. 109-699):

The conferees recognize the benefits of cross-training legacy customs, immigration, and

agricultural inspection officers as part of CBP’s ‘One Face at the Border Initiative’ and direct

CBP to ensure that all personnel assigned to primary and secondary inspection duties at ports

of entry have received adequate training in all relevant inspection functions.

A report by the Government Accountability Office in May 2006 found that only 21% of

agricultural specialists always receive urgent alerts for agricultural inspection priorities in a

timely manner. Moreover the number of canine units (inspection dogs, “beagle brigade”) has

declined from 140 to 80 since the transfer to DHS, and 60% of 43 canine teams that were tested

failed a proficiency test. In a follow-up memorandum, the GAO analyzed a survey of morale

among agricultural specialists and found many more negative responses than positive comments.

(See “GAO Studies,” below.)

For more information about inspection statistics and the new border inspection arrangement that

combines the previously separate customs, immigration, and agriculture inspections, please see

CRS Report RL32399, Border Security: Inspections Practices, Policies, and Issues.

Plum Island Animal Disease Center

Section 310 of the Homeland Security Act transferred the Plum Island Animal Disease Center to

DHS. Prior to June 1, 2003, Plum Island was a USDA facility jointly operated by APHIS and

ARS (Agricultural Research Service). This transfer includes only the property and facilities of

Plum Island; both APHIS and ARS personnel continue to perform research and diagnostic work at

the facility, but DHS also may conduct other research at the facility as well.

Chicago Sun Times, “Short-Staffed Port Inspectors Missing Insect-Infested Food,” Aug. 6, 2004.

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Plum Island and DHS’s plans for a new National Bio and Agro-Defense Facility are discussed

later in this report under “Laboratories and Research Centers.”

Animal Enterprise Terrorism Act (P.L. 109-374)

The Animal Enterprise Terrorism Act (P.L. 109-374, Nov. 27, 2006) was enacted to expand

criminal consequences for damaging or interfering with the operations of an animal enterprise.

The Bioterrorism Preparedness Act (P.L. 107-188, Sec. 336) contained less extensive penalties for

animal enterprise terrorism.

P.L. 109-374 prescribes penalties and restitution in Title 18 of the U.S. Code for varying levels of

economic damage and personal injury involving threats, acts of vandalism, property damage,

criminal trespass, harassment, or intimidation. The act covers enterprises that use, sell, or raise

animals (or animal products) for profit or educational purposes. With this broad definition, the

law applies to both bioterrorism (from foreign sources) and eco-terrorism (from domestic animal

rights activist groups).

GAO Studies

Since 2002, six reports from GAO have found gaps in federal controls for protecting agriculture

and food. Findings from the first four reports are summarized in testimony for the Senate hearing

on agroterrorism on November 19, 2003.43

In the first report, following the European outbreak of foot and mouth disease in 2001, a 2002

GAO study found insufficient guidance for border inspectors and an overwhelming volume of

passengers and cargo for inspectors to process.44

Regarding prevention of BSE (“mad cow disease”), a 2002 GAO report found shortcomings in

documentation for imports and enforcement of federal feed ingredient bans.45

A 2003 GAO study on security improvements at food processing companies found that federal

agencies, particularly the Food and Drug Administration (FDA), did not have authority to impose

requirements or assess security flaws.46

Regarding livestock disease research at USDA’s Plum Island lab in New York, a 2003 GAO

report47 found that people without adequate background checks had access to secure areas, and

that security personnel on the island had limited authority. In response to GAO’s security

concerns about Plum Island, DHS announced that armed Federal Protective Service personnel

would supplement security on the island beginning in June 2004.

GAO, Bioterrorism: A Threat to Agriculture and the Food Supply, GAO-04-259T, Nov. 19, 2003.

GAO, Foot and Mouth Disease: To Protect Livestock, USDA Must Remain Vigilant and Resolve Outstanding Issues,

GAO-02-808, July 26, 2002.

GAO, Mad Cow Disease: Improvements in the Animal Feed Ban and Other Regulatory Areas Would Strengthen U.S.

Prevention Efforts, GAO-02-183, Jan. 25, 2002.

GAO, Food-Processing Security: Voluntary Efforts Are Under Way, But Federal Agencies Cannot Fully Assess

Their Implementation, GAO-03-342, Feb. 14, 2003.

GAO, Combating Bioterrorism: Actions Needed to Improve Security at Plum Island Animal Disease Center, GAO(continued...)

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A 2005 GAO report summarized the issues of agroterrorism and what federal agencies are doing

to prepare.48 It found numerous vulnerability assessments and working groups had been prepared

to prioritize and oversee activities. Efforts at interagency coordination were also underway, but

some were seen to be in the early stages with more coordination necessary. The report also cited a

lack of veterinarians trained in foreign animal diseases and response capacity, lack of rapid

diagnostic tools, and lack of rapid vaccine deployment and protocols.

In the conference agreement for the FY2005 Consolidated Appropriations Act (P.L. 108-447,

H.Rept. 108-792), conferees expressed concern over agricultural border inspections and research

at Plum Island following the transfer of these activities in 2003 from USDA to DHS. They

requested a GAO report on interagency coordination between USDA and DHS regarding

agriculture inspections.

The conferees are aware of ongoing concerns within the agriculture sector that the transfer of

these responsibilities [border inspection and research] may shift the focus away from

agriculture to other priority areas of DHS. In order to ensure that the interests of U.S.

agriculture are protected ... the conferees request the Government Accountability Office to

provide a report ... on the coordination between USDA and DHS (H.Rept. 108-792).

Accomplishments in interagency coordination that GAO cited in the 2006 report49 include

training of both agricultural specialists and cross-training of regular border protection officers.

Agriculture specialists now have access to classified data systems, allowing better targeting of

agriculture inspections. DHS also created “agriculture liaisons” in district field offices to assure

agriculture issues are heard, and improve operations at ports of entry.

However, problems in coordination or inspection performance were cited in several areas. DHS

had not developed performance measures for agriculture inspections, but was still using USDAAPHIS measures which did not reflect all DHS activities. Staffing and related staffing

performance measures were also lacking. Agriculture specialists are not always notified of urgent

inspection alerts issued by APHIS; a survey suggests only 21% of agriculture specialists always

receive alerts in a timely manner. The number of canine units (inspection dogs, “beagle brigade”)

has declined from 140 to 80 since the transfer to DHS, and 60% of 43 canine teams that were

tested failed an APHIS proficiency test. Several financial management issues also were

problematic. While user fees were less than program costs, DHS was unable to provide APHIS

with information of actual costs by type of activity, and USDA was sometimes slow to transfer

user fees to DHS.

(...continued)

03-847, Sept. 19, 2003.

GAO, Much is Being Done to Protect Agriculture from a Terrorist Attack, but Important Challenges Remain, GAO05-214, Mar. 8, 2005.

GAO, Management and Coordination Problems Increase the Vulnerability of U.S. Agriculture to Foreign Pests and

Disease, GAO-06-644, May 19, 2006.

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In a follow-up memorandum, GAO analyzed a the open-ended questions in survey of morale

among agricultural specialists.50 GAO found many more negative responses than positive

comments. About 60% of agricultural specialists surveyed thought they were doing fewer

inspections than before the transfer to DHS, and 29% were concerned that the agricultural

mission is declining. An estimated 64% thought their DHS managers did not respect their work,

and 29% expressed concern about working relationships with non-agriculture inspectors.

Executive Branch Responses

Shortly after September 11, 2001, USDA created a Homeland Security Staff in the Office of the

Secretary to develop a department-wide plan to coordinate agroterrorism preparedness plans

among all USDA agencies and offices. Efforts have been focused on three areas: food supply and

agricultural production, USDA facilities, and USDA staff and emergency preparedness.51 The

Homeland Security Staff also has become the department’s liaison with Congress, the Department

of Homeland Security (DHS), and other governmental agencies on terrorism issues.

The White House’s National Security Council weapons of mass destruction (WMD) preparedness

group, formed by Presidential Decision Directive 62 (PDD-62) in 1998, included agriculture,

especially in terms of combating terrorism. Many observers note that, as a latecomer to the

national security table, USDA has been invariably overshadowed by other agencies.

In addition to the following Presidential directives and actions, many departments and agencies in

the executive branch have undertaken efforts to improve preparedness for agroterrorism. Many of

these actions are discussed later in this report under “Countering the Threat.”

HSPD-7 (Protecting Critical Infrastructure)

In terms of protecting critical infrastructure, agriculture was added to the list in December 2003

by Homeland Security Presidential Directive 7 (HSPD-7), “Critical Infrastructure Identification,

Prioritization, and Protection.”52 This directive replaces the 1998 Presidential Decision Directive

63 (PDD-63) that omitted agriculture and food. Both of these critical infrastructure directives

designate the physical systems that are vulnerable to terrorist attack and are essential for the

minimal operation of the economy and the government.

These directives instruct agencies to develop plans to prepare for and counter the terrorist

threat. HSPD-7 mentions the following industries: agriculture and food; banking and finance;

transportation (air, sea, and land, including mass transit, rail, and pipelines); energy (electricity,

oil, and gas); telecommunications; public health; emergency services; drinking water; and

water treatment.

GAO, Homeland Security: Agriculture Specialists’ Views of Their Work Experiences After Transfer to DHS, GAO07-209R, Nov. 14, 2006.

USDA Homeland Security Staff, “Homeland Security Efforts,” May 2004, at http://www.usda.gov/

homelandsecurity/factsheet0504.pdf; and National Research Council, Countering Agricultural Bioterrorism, 2003,

p. 150.

HSPD-7: http://www.whitehouse.gov/news/releases/2003/12/20031217-5.html.

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HSPD-9 (Defending Agriculture and Food)

More significant recognition came on January 30, 2004, when the White House released

Homeland Security Presidential Directive 9 (HSPD-9), “Defense of United States Agriculture and

Food.”53 This directive establishes a national policy to protect against terrorist attacks on

agriculture and food systems.

HSPD-9 generally instructs the Secretaries of Homeland Security (DHS), Agriculture (USDA),

and Health and Human Services (HHS), the Administrator of the Environmental Protection

Agency (EPA), the Attorney General, and the Director of Central Intelligence to coordinate their

efforts to prepare for, protect against, respond to, and recover from an agroterrorist attack. In

some cases, one department is assigned primary responsibility, particularly when the intelligence

community is involved. In other cases, only USDA, HHS, and/or EPA are involved regarding

industry or scientific expertise.

The directive instructs agencies to develop awareness and warning systems to monitor plant

and animal diseases, food quality, and public health through an integrated diagnostic system.

Animal and commodity tracking systems are included, as is gathering and analyzing international

intelligence. Vulnerability assessments throughout the sector help prioritize mitigation

strategies at critical stages of production or processing, including inspection of imported

agricultural products.

Response and recovery plans are to be coordinated across the federal, state, and local levels. A

National Veterinary Stockpiles (NVS) of vaccine, antiviral, and therapeutic products is to be

developed for deployment within 24 hours of an attack. A National Plant Disease Recovery

System (NPDRS) is to develop disease and pest resistant varieties within one growing season of

an attack in order to resume production of certain crops. The Secretary of Agriculture is to make

recommendations for risk management tools to encourage self-protection for agriculture and food

enterprises vulnerable to losses from terrorism.

HSPD-9 encourages USDA and HHS to promote higher education programs that specifically

address the protection of animal, plant, and public health. It suggests capacity-building grants for

universities, and internships, fellowships and post-graduate opportunities. HSPD-9 also formally

incorporates USDA and agriculture into the ongoing DHS research program of university-based

“centers of excellence.”

As a presidential directive, HSPD-9 addresses the internal management of the executive branch

and does not create enforceable laws. Moreover, it is subject to change without Congressional

consent. While Congress has oversight authority of federal agencies and may ask questions about

implementation of the directive, a public law outlining an agroterrorism preparedness plan would

establish the statutory parameters for such a plan, and, as a practical matter, might result in

enhanced oversight by specifically identifying executive branch entities responsible for carrying

out particular components of such a plan.54

HSPD-9: http://www.whitehouse.gov/news/releases/2004/02/20040203-2.html.

For a related discussion on the role of Congress with respect to executive actions, see CRS Report RS20846,

Executive Orders: Issuance and Revocation.

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In implementing HSPD-9, the USDA Homeland Security Staff and other agencies are drawing

upon HSPD-5 (regarding the national response plan) and HSPD-8 (regarding preparedness).

Implementing many of the HSPD-9 directives depends on the executive branch having sufficient

appropriations for those activities.

National Response Plan (NRP)

Homeland Security Presidential Directive 5 (HSPD-5) called for a National Response Plan (NRP)

to coordinate federal bureaucracies, capabilities, and resources into a unified, all-discipline, and

all-hazards approach to manage domestic incidents, both for terrorism and natural disasters. The

National Response Plan, developed by DHS, was unveiled in December 2004.55

The NRP addresses agriculture and food in two annexes at the end of the plan. The first is in

terms of emergency support. The Emergency Support Function (ESF) annexes to the NRP seek to

coordinate federal interagency support by describing the roles and responsibilities of departments

and agencies. USDA is the coordinator and primary responding agency for ESF #11, the

“Agriculture and Natural Resources Annex,” which addresses:

•

Provision of nutrition assistance by determining nutrition assistance needs in

disaster areas, obtaining appropriate food supplies, arranging for delivery of the

supplies, and authorizing disaster food stamps,

•

Control and eradication of animal and plant pests and diseases,

•

Assurance of food safety and food security, including food safety inspection at

processing plants, distribution, retail sites, and ports of entry; laboratory analysis

of food samples; food borne disease surveillance; and field investigations, and

•

Protection of natural and cultural resources and historic properties.

The NRP also contains “incident annexes” that more specifically address hazard situations

requiring special attention. The incident annexes describe the overarching policies, situations,

general operating procedures, and responsibilities most relevant when responding to a particular

type of incident.

The 10-page “Food and Agriculture Incident Annex”56 was first published in July 2006, about

18 months after the NRP was first released. The annex identifies roles for federal involvement,

particularly when first responders at the state and local levels are overwhelmed by multiple

incidents, for example. It establishes USDA and HHS as the primary agencies for coordination

and notification when incidents and outbreaks affect food and agriculture, but law enforcement

agencies are to be notified immediately through the FBI if the incident appears to be intentional.

HHS is the coordinating agency for food inspected by the FDA beyond the farm gate (all

domestic and imported food except meat, poultry and egg products), animal feed, and animal

drugs. USDA is the coordinating agency for food inspected by the Food Safety Inspection Service

(FSIS) such as processed meat, poultry and egg products, and for coordinating the response to

Department of Homeland Security, National Response Plan, December 2004, updated 2006 http://www.dhs.gov/nrp.

Department of Homeland Security, “Food and Agriculture Incident Annex” to the National Response Plan, July 17,

2006 http://www.dhs.gov/xlibrary/assets/nrp_foodagincidentannex.pdf

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animal and plant diseases and pests. EPA is identified in the annex to provide expedited assistance

for approving particular types of pesticide applications, and to provide technical assistance for

decontamination and disposal efforts. DHS appears to be involved to the extent that other parts of

the NRP are activated by the agriculture and food incident, especially when law enforcement,

investigative, or border inspection activities are involved.

The annex mentions the importance of laboratory networks for detection, diagnosis, confirmation,

and investigation of an incident, particularly through the DHS Integrated Consortium of

Laboratory Networks (ICLN). The “capacity of the ICLN derives from ... established laboratory

networks such as Food Emergency Response Network (FERN), the Laboratory Response

Network (LRN), the National Animal Health Laboratory Network (NAHLN), and the National

Plant Diagnostic Network (NPDN).” Each of these networks, discussed later in this section, feeds

its industry- and sector-specific information into the general homeland security network for

analysis and data sharing.

Specific response plans below the level of the NRP annex rest with USDA, HHS, and state and

local governments.

Public-Private Partnerships

National Infrastructure Protection Plan (NIPP)

The National Infrastructure Protection Plan was developed to unify and enhance the protection of

critical infrastructure through public-private partnerships. It provides a coordinated approach to

establish national priorities and goals. The sector partnership model encourages formation of

Sector Coordinating Councils (SCCs) and Government Coordinating Councils (GCCs). DHS

provides guidance, tools, and support so that these groups can work together to develop and

coordinate a wide range of infrastructure protection activities. 57

Sector Coordinating Councils are self-organized, self-run, and self-governed organizations of

key stakeholders within a sector, serving as the government’s principal point of entry into each

sector. A Government Coordinating Council is the government counterpart to a SCC, comprised

of federal, state and local representatives, enabling coordinating across government agencies

and jurisdictions.

The Food and Agriculture Sector Coordinating Council (FASCC) has seven sub-councils with

representatives from private corporations and associations, including:58

•

Agricultural production inputs and services

•

Animal producers

•

Plant producers

•

Processors and manufacturers

Department of Homeland Security, National Infrastructure Protection Plan, Draft 2.0, January 2006,

http://www.ni2ciel.org/NIPC/Revised-Draft-NIPP-v2.0.pdf.

Food and Agriculture Sector Coordinating Council, http://cipp.gmu.edu/psprograms/FoodAgSCC.php.

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•

Restaurants and food service

•

Retail

•

Warehousing and logistics

The agriculture SCC has been successful among the early SCC’s, and is used by DHS as a model

for developing other sector councils. The FASCC’s recent accomplishments include reviewing

and commenting on drafts of the National Infrastructure Protection Plan, developing a Food and

Agriculture Sector Specific Plan (SSP), sharing best practices, identifying gaps in security or

preparedness, and striving to improve communications and information sharing capabilities

among companies and government.

Strategic Partnership Program Agroterrorism (SPAA)

The Strategic Partnership Program Agroterrorism initiative is another public-private partnership

to assess vulnerabilities in the agriculture and food industry. Four government agencies including

DHS, USDA, FDA, and FBI collaborate with private industry and states to conduct site surveys

of specific private industries within the agriculture industry.59 The intent is to:

•

Determine critical points in the food and agriculture system that may be the target

of a terrorist attack,

•

Identify early indicators and warnings that would signify planning and/or

preparation for an attack,

•

Develop a focus for intelligence collection strategies around these indicators and

warnings, and

•

Develop mitigation strategies for early detection, deterrence, disruption,

interdiction, and prevention.

In 2005, the SPPA began working with the Food and Agriculture Sector Coordinating Council and

the Government Coordinating Council to identify about 50 sites to visit in 2006-2007. The sites

are to span the entire food production cycle.

Information Sharing and Analysis Center (ISAC)

An Information Sharing and Analysis Center is an industry contact point to federal law

enforcement and intelligence community (including the Federal Bureau of Investigation, Central

Intelligence Agency, and National Security Agency). The objective to detect potential threats,

assess, prevent attacks, and investigate and respond to attacks against critical infrastructure.

Food and Drug Administration, “Strategic Partnership Program Agroterrorism (SPPA) Initiative,” August 2005,

http://www.cfsan.fda.gov/~dms/agroterr.html.

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The Food and Agriculture ISAC was created in February 2002. Members generate information on

many of food safety and bio-security related topics such as security threats, food system

vulnerabilities, product contamination, microbial isolates, and reports of consumer illness from

food. The information is shared confidentially with the law enforcement and intelligence

community, with the expectation that relevant intelligence will returned to the industry.60

The ISAC network is similar to an FBI program for public-private information sharing called

Infragard. In 2005, a new FBI program called AgGard was created to encourage members of the

agricultural community to use a secure internet connection to share information and alert each

other, state and local law enforcement, and the FBI of suspicious activity.

Laboratories and Research Centers

Since September 11, 2001, and the ensuing recognition of agroterrorism as a threat to critical

infrastructure, the United States has expanded its agricultural laboratory and diagnostic

infrastructure. New federal laboratories have been completed, existing facilities have been

upgraded, and networks of federal, state and university laboratories have been created to share

information and process samples.

National Bio and Agro-Defense Facility (NBAF)

The Department of Homeland Security is proceeding with plans to replace the aging Plum Island

Animal Disease Center with a new “National Bio and Agro-Defense Facility” for research on

high consequence foreign animal diseases. Congress has appropriated funds for planning and site

selection. DHS is beginning the conceptual design process, and has reviewed submissions from

universities and other locations interested in hosting the new facility. 61 In August 2006, it selected

a long list of 18 sites in 11 states for further consideration.

Currently, the premier U.S. facility for research on foreign animal diseases is the Plum Island

Animal Disease Center, located on an island off the northeastern tip of Long Island, NY. The

property of Plum Island was transferred from USDA to DHS in the Homeland Security Act (P.L.

107-296), although personnel from both USDA and DHS still conduct research there. Built in the

1950s, many experts agree that the 50-year old Plum Island facility is nearing the end of its useful

life and unable to provide the necessary capacity for current biosecurity research. Plum Island is

the only facility in the United States that is currently approved to study high-consequence foreign

livestock diseases, such as foot-and-mouth disease (FMD), because its laboratory has been

equipped with a specially designed BSL-3 bio-containment area for large animals that meets

specific safety measures.

Food and Agriculture Information Sharing and Analysis Center, http://www.fmi.org/isac.

DHS, “National Bio and Agro-Defense Facility,” http://www.dhs.gov/dhspublic/interapp/editorial/

editorial_0762.xml.

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Live FMD virus may be used only at coastal islands such as Plum Island, unless the Secretary of

Agriculture specifically authorizes the use of the virus on the U.S. mainland (21U.S.C. 113a).

Because of this geographical restriction in statute, some observers question whether the proposed

NBAF should be built on the mainland or on an island similar to Plum Island. Locating the

facility in regions where cattle or other livestock are raised may pose too great a risk if security

features are breached by terrorism, critics say.

Biosafety levels (BSLs) are combinations of laboratory facilities, safety equipment, and

laboratory practices. The four levels are designated in ascending order, by degree of protection

provided to personnel, the environment, and the community. 62 BSL-1 laboratories handle

pathogens of minimal hazard. The highest level laboratories, BSL-4, handle high-risk, lifethreatening diseases with a high risk of aerosol transmission. Only a handful of BSL-4 labs exist

in the U.S., including a CDC lab in Athens, Georgia, and an Army lab in Ft. Dietrick, Maryland.

Agricultural BSL labs can house large animals for experiments, and thus are less common than

regular BSL laboratories. The Plum Island Animal Disease Center and the USDA National

Veterinary Services Laboratories (NVSL) in Ames, IA, are the only BSL-3 agriculture facilities in

the United States.

As the number and importance of zoonotic diseases increase (such as with the recent discovery

of Nipah and Hendra viruses, and the ongoing concern over foot and mouth disease), scientists

increasingly need BSL-4 laboratories to study zoonotic pathogens and BSL-4 agriculture

facilities to work with those pathogens in host animals. The U.S. currently has no BSL-4

agricultural facility; instead, scientists must conduct experiments at facilities in Winnipeg,

Canada, or Australia.63

The concept for the NBAF was first outlined in the FY2006 budget request for DHS. At that time,

the estimated design and construction cost was $451 million. The current time line calls for

construction to be completed in FY2013.64 DHS began the process in FY2005 by using $3 million

for a planning and feasibility study. In FY2006, Congress appropriated $23 million specifically

for the NBAF in the DHS appropriations act (P.L. 109-90). The FY2007 DHS appropriation (P.L.

109-295) furthers that commitment with a second installment of $23 million for pre-construction

activities.

Centers for Disease Control and Prevention (CDC) and the National Institute of Health (NIH), Biosafety in

Microbiological and Biomedical Laboratories, 4th edition, 1999, http://www.cdc.gov/od/ohs/biosfty/bmbl4/

bmbl4toc.htm.

James Roth, DVM. “Agroterrorism: Hazards to Livestock and Public Health,” presentation to International

Symposium on Agroterrorism, May 2005 http://www.fbi-isa.org/library/roth_files/frame.htm.

DHS, “NBAF Timeline” http://www.dhs.gov/interweb/assetlibrary/NBAF_Timeline.pdf.

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With the FY2006 appropriation, DHS issued a request for “Expressions of Interest” (EOI) in

January 2006.65 Parties interested in hosting the facility (such as federal agencies, State and local

governments, private industry, and universities) were invited to reply by March 31, 2006.

Evaluation criteria for site selection include capacity for research, workforce availability,

construction and operation, and community acceptance. DHS received 29 expressions of interest

from 20 states and the District of Columbia. In August 2006, DHS released a subset of 18 sites in

11 states that will be considered further.66 By the end of 2006, DHS expects to narrow the list

further and initiate an Environmental Impact Statement (EIS) analysis. A final location will be

chosen early in 2008.

Conceptual design began in April 2006 by soliciting architect and engineering firms. DHS plans

to award this contract later in 2006, with conceptual design to begin shortly thereafter. This level

of design is not site specific and can proceed concurrently with site selection and environmental

impact statements. The conceptual design process may update the current projected total cost of

$451 million. Construction is scheduled to begin in FY2010 and be completed in FY2013.

USDA Laboratories

Within USDA, several agencies have upgraded their facilities to respond better to the threat of

agroterrorism by expanding laboratory capacity and adding physical security. These programs

include the ARS research on foreign animal diseases at the Plum Island Animal Disease Center in

New York (the physical facility is now managed and operated by DHS) and the ARS Southeast

Poultry Research Lab in Athens, Georgia.

Three major USDA laboratories are consolidating operations in a new BSL-3 agriculture facility

in Ames, Iowa, called the National Centers for Animal Health. These include the ARS National

Animal Disease Center (NADC), the APHIS National Veterinary Services Laboratories (NVSL),

and the APHIS Center for Veterinary Biologics (CVB). The complex will be USDA’s largest

animal health center for research, diagnosis and product evaluation. The NVSL is especially

visible because it makes the final, official determination for the presence of most animal diseases

when samples are submitted for testing.

USDA also cooperates with other federal agencies on counterterrorism research and preparedness,

including the ARS and APHIS partnership with the U.S. Army Medical Research Institute for

Infectious Diseases at Ft. Dietrick, Maryland. The Ft. Dietrick site offers USDA access to

additional high-level biosecurity laboratories, including a BSL-4 laboratory. In the recent past,

USDA has conducted research on soybean rust at Ft. Dietrick.

DHS, “National Bio and Agro-Defense Facility (NBAF): Notice of Request for Expression of Interest for Potential

Sites,” Federal Register, Vol. 71, p. 3107 http://www.dhs.gov/interweb/assetlibrary/NBAF_EOI.pdf.

The August 2006 subset of potential sites after the first cut include 18 locations in the following 11 states: California,

Georgia, Kansas, Kentucky/Tennessee, Maryland, Missouri, Mississippi, North Carolina, Oklahoma, Texas, and

Wisconsin. Other locations expressing interest but removed from consideration include Alabama, Arkansas/Louisiana,

Arizona, Colorado, Florida, Iowa, North Dakota, New Mexico, Pennsylvania, District of Columbia-based organizations

with sites in New Jersey, Florida, Texas, and California, and the Plum Island Animal Disease Center.

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Laboratory Networks

Several laboratory networks have been created for animal, plant, food, and general bioterrorism

issues. The primary goals of these networks are to improve the diagnosis and detection of a

deliberate or accidental disease outbreak. Primary examples are the CDC-led Laboratory

Response Network (LRN), the USDA-funded National Plant Diagnostic Network (NPDN) and its

sister group the National Animal Health Laboratory Network (NAHLN), and the joint FDA/FSIS

Food Emergency Response Network (FERN).

•

Laboratory Response Network (LRN). 67 The Laboratory Response Network,

created by CDC, is a national and international network of about 140 laboratories

equipped to respond quickly to acts of chemical or biological terrorism, emerging

infectious diseases, and other public health threats and emergencies. The network

includes federal labs (CDC, USDA, FDA), state and local public health labs,

military labs, food labs, environmental labs, veterinary labs, and international

labs in Canada, the United Kingdom, and Australia.

•

National Plant Diagnostic Network (NPDN).68 The National Plant Diagnostic

Network is a collective of land grant university plant disease and pest diagnostic

facilities organized by USDA. The national network is led by five regional labs

(Cornell, Florida, Michigan State, Kansas State, and California at Davis) and one

support lab (Texas Tech). The NPDN facilitates the initial detection, positive

identification, national notification, and coordinated response to pests and

pathogens by intentional, accidental, or natural means. By using common

communications and laboratory testing protocols, the network allows efficient,

timely, and secure exchange of plant disease information.

•

National Animal Health Laboratory Network (NAHLN). This network,

created by USDA and the American Association of Veterinary Laboratory

Diagnosticians, augments federal resources with extensive state and university

laboratories to allow better detection and response to animal health emergencies.

These labs provide timely and consistent methods, and meet epidemiological

reporting standards. The USDA National Veterinary Services Laboratory (NVSL)

serves as the central reference laboratory. State and university labs perform nonemergency surveillance testing, provide surge capacity during outbreaks, assist

with epidemiologic investigations, and conducting follow-up surveillance.

•

Food Emergency Response Network (FERN). The Food Emergency Response

Network was established jointly by the Food and Drug Administration (FDA)

and the Food Safety and Inspection Service (FSIS), and integrates at least 72

state and federal laboratories that analyze food samples implicated in threats,

terrorist events, or contamination. It links local, state, and federal information to

allow officials to prevent or respond to incidents of contaminated food.

Centers for Disease Control and Prevention (CDC). “Facts About the Laboratory Response Network”

http://www.bt.cdc.gov/lrn/factsheet.asp.

National Plant Diagnostic Network http://www.npdn.org.

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Another important network, albeit not a laboratory network, is the Extension Disaster Education

Network (EDEN).69 EDEN is sponsored by USDA, and links extension educators from various

states and disciplines to share resources. EDEN helps extension agents build relationships with

local and state emergency management networks, provide educational programs on disaster

preparation and mitigation to citizens and local leaders, train extension personnel for appropriate

roles during disasters, and collaborates during recovery.

DHS Centers of Excellence

In April 2004, the DHS Science and Technology Directorate announced the department’s first

university research grants for agriculture as part of its “centers for excellence” program. 70 The

University of Minnesota and Texas A&M will share $33 million over three years. Texas A&M’s

new Center for Foreign Animal and Zoonotic Disease Research will study high consequence

animal diseases. The University of Minnesota’s new Center for Post-Harvest Food Protection and

Defense will establish best practices for the management of and response to food contamination

events. Texas A&M is partnering with four universities and will receive $18 million; Minnesota is

partnering with ten universities and will receive $15 million.

The House Appropriations Committee addressed agroterrorism research in report language for the

FY2004 homeland security appropriations bill. The “centers for excellence” program appears to

fit the type of research the committee suggested.

Agro-terrorism research. The Committee is familiar with potential agro/bioterrorism

vulnerabilities, from animal and plant diseases to food chain introductions. While some agroterrorism research is already being done by the Department of Agriculture, the Committee is

aware of the need for more such research, particularly in the areas of threats to field crops,

farm animals, and food in the processing and distribution chain. The Homeland Security Act

of 2002 provides for coordination of research between the Department of Homeland Security

(DHS) and other relevant federal agencies in various areas of research. Because the

Department of Agriculture (USDA) already possesses mechanisms, authorities, and

personnel to carry out needed agro/bioterrorism research, the Committee expects to see

effective coordination between the USDA and the DHS to move such research forward in an

effective and expeditious fashion. The Committee expects USDA to coordinate with DHS to

identify research gaps and develop a plan, to include research priorities, for proceeding to fill

such gaps. Further, the Committee expects that non-government entities selected to carry out

research will be ones with proven expertise in agriculture research, and strong familiarity

with USDA animal and plant diagnostic laboratories and practices (H.Rept. 108-193).

Federal Funding to Respond to Agroterrorism

This report treats federal funding for agroterrorism preparedness broadly, including

appropriations and user fees, both within USDA and DHS. However some general activities that

support agroterrorism preparedness, such as certain intelligence and warning functions performed

by the FBI and CIA, often cannot be identified exclusively as agriculture spending, and thus

cannot be included in this report. However, items that can be identified specifically to

agroterrorism preparedness within the budgets of USDA and DHS are included.

Extension Disaster Education Network http://www.eden.lsu.edu.

DHS press release, Apr. 27, 2004, at http://www.dhs.gov/dhspublic/display?content=3515.

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The President’s annual budget request to Congress includes a government-wide cross-cutting

budget analysis of homeland security issues, as mandated by the Homeland Security Act of 2002

(P.L. 107-296, section 889).71 The budget request includes details on the most recently passed

appropriations law and the previous fiscal year. Comprehensive details on agroterrorism funding

are difficult, if not impossible, to compute while appropriations bills are being debated in the

House and Senate. Legislative language rarely mentions specific amounts for agroterrorism, and

report language usually mentions only a few agroterrorism related items that the appropriations

committees wish to highlight. For a comprehensive accounting, analysts must wait until the

President’s budget is released.

In USDA, five agencies and three offices receive homeland security funding:

•

Agricultural Research Service (ARS)

•

Animal and Plant Health Inspection (APHIS)

•

Cooperative State Research, Education, and Extension Service (CSREES)

•

Food Safety and Inspection Service (FSIS)

•

Economic Research Service (ERS)

•

Departmental Administration and Executive Operations (including Office of the

Secretary, Homeland Security Staff (HSS), and Office of Chief Information

Officer (OCIO)).

In the DHS, two directorates receive funding related to agroterrorism:

•

Customs and Border Protection

•

Science and Technology

Classifying spending on agroterrorism and homeland security requires judgments about which

programs are relevant, especially when some have dual purposes.72 This subjectivity introduces

discrepancies when agencies refine criteria or definitions, or change the way activities are

characterized in their homeland security mission. In such cases, the most recently available data

are used to update prior year data.

Examples of dual-use programs for agricultural homeland security are animal and plant health

programs. These programs, such as border inspection and disease surveillance existed before

September 11, 2001, and would be needed at some level due to natural and accidental disease

outbreaks. However, the scale and scope of these programs have been expanded primarily due

to agroterrorism.

Office of Management and Budget, FY2008 Budget of the United States Government: Analytical Perspectives, “3.

Homeland Security Funding Analysis,” http://www.whitehouse.gov/omb/budget/fy2008/pdf/apers/crosscutting.pdf, and

“Appendix: Homeland Security Mission Funding by Agency and Budget Account,” at http://www.whitehouse.gov/

omb/budget/fy2008/pdf/ap_cd_rom/homeland.pdf.

Congressional Budget Office (CBO), Federal Funding for Homeland Security, July 20, 2005, at http://www.cbo.gov/

ftpdocs/65xx/doc6566/7-20-HomelandSecurity.pdf.

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For budget and accounting purposes, all or part of dual-use activities may be counted as

homeland security spending, depending on each agency’s criteria. For example, GAO reports that

the Animal and Plant Health Inspection Service (APHIS) attributes 100% of an activity’s budget

authority to homeland security if any of the following questions apply:73

•

Is this a new activity or program focus as a result of 9/11?

•

Has the bulk of the program activity changed as a result of 9/11?

•

Does the activity address international pest or disease outbreaks or other acts of

agro-bioterrorism?

•

Was the activity initiated with homeland security supplemental funds?

•

Did APHIS receive enhanced homeland security funds for the activity?

•

Is the activity needed in order to comply with one or more Homeland Security

Presidential Directives or the Bioterrorism Act of 2002?

By Year and Source

Prior to September 11, 2001, USDA spent between $45-60 million in regular annual

appropriations to combat terrorism, primarily through border inspections and research. User

fees for border inspection added about $180 million in FY2002, bringing the total funding

(regular appropriations plus user fees) to about $225-240 million in FY2002. This range can be

considered the starting baseline for homeland security funding for agriculture (the regular

FY2002 agriculture appropriations bill was outlined prior to September 11, 2001, even though it

was enacted about two months later.)

Appropriations

Appropriations and user fees for agriculture-related homeland security activities in USDA and

DHS have more than tripled from the $225 million “pre-September 11” baseline to $818 million

in FY2007.

Counting the supplemental appropriations in FY2002-FY2003, and regular annual appropriations

and user fees for both USDA and DHS, homeland security funding for agriculture has grown by

48% over five years, from $552 million in FY2002 to $818 million in FY2007. As a percentage

of non-defense budget authority for homeland security, agriculture receives about 2.1% of the

total. In FY2002, the ratio was 2%, which fell to 1.4% in 2003, and has since risen to between

2.1% and 2.3% currently (Table 1).

GAO, Combating Terrorism: Determining and Reporting Federal Funding Data, GAO-06-161, Jan. 17, 2006,

p. 15-16 http://www.gao.gov/new.items/d06161.pdf.

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Table 1. Percent of Homeland Security Funding for Agriculture

(budget authority in millions of dollars)

Fiscal year

2002

actual

2003

actual

2004

actual

2005

actual

2006

actual

2007

est.

2008

request

Non-defense Homeland

Security Budget Authority

27,724

34,005

33,810

37,195

38,160

39,865

43,644

Homeland Security Funding

for Agriculture (Table 2)

552

485

639

807

861

818

1,018

2.0%

1.4%

1.9%

2.2%

2.3%

2.1%

2.3%

Percent

Source: CRS. Amounts for agriculture compiled by CRS; Non-defense total from Budget of the United States

Government: Analytical Perspectives, “3. Homeland Security Funding Analysis,” FY2005-FY2008,

http://www.whitehouse.gov/omb/budget/fy2008/pdf/apers/crosscutting.pdf, and GAO, Combating Terrorism:

Determining and Reporting Federal Funding Data, GAO-06-161, January 17, 2006, pp. 56-62, http://www.gao.gov/

new.items/d06161.pdf.

The regular appropriation devoted to preparing for agroterrorism has grown significantly since

FY2002, and supplanted the need for further supplemental funding (Figure 6). Regular annual

appropriations for homeland security in USDA increased more than three-fold from FY2002 to

FY2003, and by 60% in each of FY2004 and FY2005. In FY2006, the regular appropriation to

USDA for homeland security dropped by about 9%, and the estimate for FY2007 is another 19%

decrease. The Administration’s request for FY2008 calls for a 54% increase to make up for these

losses and to increase preparedness efforts even more.

Regular annual appropriations for agriculture in DHS are irregular and tied to particular

initiatives, such as university research grants or facility construction.

Supplemental Appropriations

Supplemental appropriations acts in 2002 and 2003, (P.L. 107-117 and P.L. 108-11) augmented

the regular appropriations acts, providing significant additional funds to rapidly increase the

response to agroterrorism vulnerabilities ($328 million and $100 million, respectively).

User fees

User fees to support agricultural border inspection have grown with passenger and cargo volume,

particularly in the immediate years following September 11, 2001, when passenger volume

dropped due to public concerns. In FY2002, user fees for agricultural border inspections totaled

$181 million. By FY2005, that amount grew by 87% to $339 million, and another 24% into

FY2006. User fees fund about half of the total amount available in FY2007 for homeland security

in agriculture.

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Figure 6. Homeland Security Funding for Agriculture, by Source

1,200

million dollars

1,000

800

600

400

200

2002 2003 2004 2005 2006 2007 2008

request

fiscal year

User fees (for border inspection)

DHS appropriations

USDA supplem ental appropriation

USDA regular appropriation

Source: CRS.

By Agency

Figure 7 presents homeland security funding for agriculture by agencies in USDA and DHS.

APHIS (USDA) and CBP (DHS) conduct most of the activities related to homeland security in

agriculture. In FY2007, APHIS is expected to account for 51% of homeland security spending on

agriculture, and CBP about 33%. Research agencies in USDA (ARS and CSREES) account for

nearly 10%.

Much of the APHIS activity (about 43%) and all of the CBP activity in the agriculture homeland

security area have been for border inspections, predominantly funded through user fees rather

than appropriations. APHIS retains about 39% of the total user fees collected each year, and

transfers the rest to DHS for its Customs and Border Patrol agency (Table 2).

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Table 2. Homeland Security Funding for Agriculture, by Agency

(budget authority in millions of dollars)

Fiscal year

Department Agency

2002

actual

2003

actual

2004

actual

2005

actual

2006

actual

2007

est.

2008

request

194.0

313.5

338.7

417.9

454.6

494.1

-69.0

-194.0

-208.0

-240.5

-272.6

-299.6

U.S. Department of Agriculture (USDA)

APHIS:

User fees for

inspection

181.2

- less transfers to DHS

= AQI user fees

retained

181.2

125.0

119.5

130.7

177.4

182.0

194.5

Appropriation

88.8

77.5

183.6

232.5

243.7

233.5

309.2

Subtotal APHIS

270.0

202.5

303.1

363.2

421.1

415.5

503.7

ARS

175.0

154.6

31.3

151.2

93.8

33.5

106.8

31.6

39.2

39.7

40.6

40.8

52.2

CSREES

FSIS

15.0

8.7

13.1

19.5

17.4

39.1

Dept. Administration

92.0

18.5

23.8

21.0

23.7

14.5

16.0

1.0

292.0

464.9

420.2

340.7

524.3

ERS

Subtotal USDA

Regular

appropriation

42.8

180.9

Supplementals

328.0

110.0

User fees

181.2

125.0

119.5

130.7

177.4

182.0

194.5

Subtotal USDA

552.0

415.9

411.5

595.6

597.6

522.7

718.8

299.6

Department of Homeland Security (DHS) - selected activities in agriculture

CBP: AQI user fees received

69.0

S&T: Research centers

194.0

208.0

240.5

272.6

3.0

23.0

33.0

S&T: New facilities

Subtotal DHS (selected items)

69.0

227.0

211.0

263.5

295.6

299.6

Total of above

User fees (AQI)

181.2

194.0

313.5

338.7

417.9

454.6

494.1

Appropriations

370.8

290.9

325.0

467.9

443.2

363.7

524.3

Total of above

552.0

484.9

638.5

806.6

861.1

818.3

1,018.4

Source: CRS. USDA figures for FY2003-FY2008 are from Budget of the United States Government: Analytical

Perspectives, “Appendix: Homeland Security Mission Funding by Agency and Budget Account,” FY2005-FY2008

http://www.whitehouse.gov/omb/budget/fy2008/pdf/ap_cd_rom/homeland.pdf; figures for FY2002 are from

GAO, Combating Terrorism: Determining and Reporting Federal Funding Data, GAO-06-161, Jan. 2006, p. 44-45

http://www.gao.gov/new.items/d06161.pdf. AQI user fees from USDA “Explanatory Notes for Committee on

Appropriations,” various years. DHS figures were identified by CRS from DHS “Congressional Budget

Justification,” FY2006-FY2008.

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Figure 7. Homeland Security Funding for Agriculture, by Agency

FY2007, $818 million

S&T (DHS)

CBP (DHS)

33%

APHIS (USDA)

51%

ERS (USDA)

0.1%

FSIS (USDA)

Dept. Admin.

(USDA)

CSREES

(USDA)

ARS (USDA)

Source: CRS. Includes USDA and selected DHS projects.

By Function for Homeland Security

For the President’s annual budget request, agencies throughout the federal government categorize

their funding based on six mission areas (functions), as defined in the National Strategy for

Homeland Security:

•

Intelligence and warning

•

Border and transportation security

•

Domestic counterterrorism

•

Protecting critical infrastructure and key assets

•

Defending against catastrophic threats

•

Emergency preparedness and response

Figure 8 and Table 3 present the funding information by homeland security function. As in every

year since 2002, border inspections are the largest homeland security activity for agriculture in

FY2007, conducted jointly by USDA-APHIS and DHS-CBP. Defending against catastrophic

threats is the next largest activity, particularly in APHIS, which includes monitoring, surveillance

and laboratory response capacity. Protecting critical infrastructure has been another large activity.

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Emergency preparedness and intelligence have received relatively less funding. Primary

intelligence gathering is viewed more appropriately as the responsibility of other federal agencies

such as the FBI and CIA. These agencies track and act upon bioterrorism information, sharing

relevant information with USDA, DHS, and other agencies.

Figure 8. Homeland Security Funding for Agriculture, by Function

FY2007, $818 million

Intelligence

Critical

infrastructure

Catastrophic

threats

28%

Border

security

58%

Emergency

preparedness

Source: CRS. Includes USDA and selected DHS projects.

Table 3. Homeland Security Funding for Agriculture, by Function

(budget authority in millions of dollars, including user fees)

Fiscal year

2003

actual

2004

actual

2005

actual

2006

actual

2007

est.

2008

request

USDA

149.2

148.4

158.8

205.6

210.2

221.7

DHS

69.0

194.0

208.0

240.5

272.6

299.6

Subtotal

218.2

342.4

366.8

446.1

482.8

521.3

Homeland Security Mission Area

Border and transportation security

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Fiscal year

Homeland Security Mission Area

2003

actual

2004

actual

2005

actual

2006

actual

2007

est.

2008

request

203.3

36.8

150.6

90.7

31.2

64.1

3.0

23.0

Protecting critical infrastructure

USDA

DHS

Subtotal

203.3

36.8

153.6

113.7

54.2

64.1

11.8

168.2

222.7

238.3

226.0

343.6

50.8

57.3

57.2

57.8

50.1

67.1

Defending against catastrophic threats

USDA

Emergency preparedness and response

USDA

DHS

33.0

Subtotal

50.8

90.3

57.2

57.8

50.1

67.1

0.8

6.3

5.2

22.3

484.9

638.5

806.6

861.1

818.3

1018.4

Intelligence and warning

USDA

Total

Source: CRS. USDA figures from Budget of the United States Government: Analytical Perspectives, “Appendix:

Homeland Security Mission Funding by Agency and Budget Account,” FY2005-FY2008

http://www.whitehouse.gov/omb/budget/fy2008/pdf/ap_cd_rom/homeland.pdf and USDA Office of Budget and

Policy Analysis spreadsheets for FY2002. Border inspection user fees from USDA “Explanatory Notes for

Committee on Appropriations,” various years. DHS figures identified by CRS from DHS “Congressional Budget

Justification,” FY2006-FY2008, and categorized by CRS to be consistent with functions as in USDA.

Note: Does not include amounts which are not exclusive to agriculture, such as such as general intelligence and

warning functions in DHS or other agencies, or appropriations for border security in DHS (other than user fees)

which are not allocated by industry.

Chronology of Appropriations

The following list outlines appropriations acts that have provided funds for homeland security

related to agriculture and food since September 11, 2001.

•

Emergency Supplemental Appropriations for FY2001 (P.L. 107-38;

September 18, 2001). Within days of September 11, Congress approved $40

billion in emergency supplemental appropriations partitioned over three time

periods. USDA received no money for domestic homeland security programs in

the first two installments, but did receive an allocation in the final installment for

FY2002 (see FY2002 Emergency Supplemental Act below).

•

FY2002 Agriculture Appropriations Act (P.L. 107-76; November 28, 2001).

This regular annual appropriations act was outlined prior to September 11, 2001,

and provides the baseline amount for homeland security functions in agriculture,

without any particular discussion of agroterrorism. The appropriation for

homeland security was not clearly defined, but was approximately $45-60

million. Together with user fees, the baseline for homeland security for

agriculture was about $225-240 million.

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•

FY2002 Emergency Supplemental Act (P.L. 107-117; January 10, 2002).

Congress made the final $20 billion installment from the FY2001 supplemental

in Division B of the FY2002 Defense Department Appropriation (“Transfers

from the Emergency Response Fund [ERF] Pursuant to P.L. 107-38”). USDA

received $328 million for homeland security programs. This supplemental

appropriation, however, preceded the creation of the Department of Homeland

Security, which resulted in some of the funds being moved to DHS when

border inspections and the Plum Island Animal Disease Center were transferred

DHS. USDA documents suggest about $220 million were for functions

transferred to DHS.

•

FY2002 Supplemental Appropriations Act for Further Recovery (P.L. 107206; August 2, 2002). In this $28 billion supplemental appropriation, Congress

included about $123 million for USDA programs related to homeland security.

These amounts, however, were designated among $5.1 billion of “contingent

emergency spending” that President Bush chose not to use, and thus the

funds were not available to USDA and other departments (see CRS Report

RL31406, Supplemental Appropriations for FY2002: Combating Terrorism and

Other Issues.

•

FY2003 Omnibus Appropriations Act (P.L. 108-7; February 20, 2003). This

regular annual appropriations act provided $181 million to USDA for homeland

security activities.

•

FY2003 Emergency Wartime Supplemental Appropriations Act (P.L. 108-11;

April 16, 2003). Congress appropriated $110 million to the Agricultural Research

Service “for continued modernization of facilities in Ames, Iowa, which will

provide a laboratory building, fixed equipment, and associated infrastructure”

(H.Rept. 108-076).

•

FY2004 Consolidated Appropriations Act (P.L. 108-199; January 23, 2004).

This regular annual appropriations act provided $292 million for homeland

security activities in USDA and $33 million in university grants for agriculture

biosecurity from DHS. Conferees made the following statement about USDA’s

homeland security activities:

“[A]s of September 30, 2003, $80,000,000 remains available to the Department from funds

provided through the Emergency Response Fund (ERF) [see discussion of P.L. 107-38 and

P.L. 107-117 above], of which nearly $9,000,000 is available to the Secretary. Since these

funds were provided, USDA has been one of the slowest Federal agencies to obligate its ERF

funds. The conferees are aware of concerns about security, [and] urge the Secretary to act

promptly to address identified security needs and to advise the Committees on

Appropriations of needs for which additional funds may be necessary” (H.Rept. 108-401).

•

FY2005 Consolidated Appropriations Act (P.L. 108-447, December 8, 2004).

This regular annual appropriations act provided $465 million for homeland

security activities in USDA.

•

FY2006 Homeland Security Appropriations Act (P.L. 109-90, October 18,

2005). This regular annual appropriations act for DHS (1) provides $23 million

within Science and Technology directorate: “to select a site for the National Bio

and Agrodefense Facility [NBAF] and perform other pre-construction

activities...to protect animal and public health from high consequence animal and

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zoonotic diseases.” (2) Conferees also encourage the DHS: “to work in

conjunction with USDA and HHS and other organizations on agroterrorism and

animal-based bioterrorism, including the development and stockpiling of

veterinary vaccines ... [and with] one or more states to develop a model

integrated agricultural response system, utilizing geographic information systems

that identify critical agricultural infrastructure.” (3) Conferees also directed that

DHS coordinate with USDA to submit a report “which details the specific actions

each agency will take, or has already taken, to address the apparent 32%

reduction in agriculture inspections and the lack of coordination between [DHS

and USDA]” (H.Rept. 109-241).

•

FY2006 Agriculture Appropriations Act (P.L. 109-97, November 10, 2005).

This regular annual appropriations act provided $420 million for homeland

security activities in USDA.

•

FY2007 Homeland Security Appropriations Act (P.L. 109-295, October 4,

2006). This regular annual appropriations act for DHS (1) provided a second

installment of $23 million for the National Bio and Agro-defense Facility, (2)

instructed DHS to prepare a report describing improvements in the targeting of

agricultural inspections and coordination for inspections with the Department of

Agriculture. (H.Rept. 109-699).

•

FY2007 Revised Continuing Appropriations Resolution (P.L. 110-5, February

15, 2007). The year-long continuing resolution for FY2007 generally funds

USDA (and other federal departments with the exception of DHS and the

Department of Defense) at FY2006 levels with minor adjustments.

FY2008 Budget Request

FY2008 USDA “Food and Agriculture Defense Initiative”

In its annual budget request, USDA highlights several programs in a “Food and Agriculture

Defense Initiative.” The initiative does not include all homeland security programs for

agriculture, but is rather a list of priority programs that USDA wishes to highlight during the

appropriations process. The initiative was first mentioned in the FY2005 budget request. For

example, border security activities have not been included in the initiative, even though they are

included in the broader measure of homeland security funding presented on previous pages. For

FY2006, appropriations for the Food and Agriculture Defense Initiative totaled $247 million, but

total USDA homeland security appropriations as reported by OMB were $420 million (excluding

user fees).

USDA’s budget for FY2008 calls for significantly increased spending on several agroterrorism

preparedness programs. The Food and Agriculture Defense Initiative requests an FY2008

appropriation of $340 million, nearly double the $177 estimated for items in the initiative for

FY2007 (Table 4). Using OMB’s more comprehensive analysis of homeland security funding for

agriculture cited on previous pages, the requested FY2008 increase in homeland security funding

for agriculture is 54%, up from $340 million estimated for FY2007 to $524 million requested for

FY2008 (Table 2).

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The largest item in the initiative for FY2007 is enhanced surveillance by APHIS of animal and

plant health. The initiative includes a new $16 million request to begin construction for a new

poultry research laboratory in Athens, Georgia.

Many of the initiative’s programs would improve the Federal government’s ability to more

quickly identify and characterize an agroterrorist attack through surveillance and monitoring. In

its justification for the initiative, USDA says these activities will promote data sharing and joint

analysis among federal, state and local levels. An example of such coordination is the Food

Emergency Response Network (FERN) of laboratories. These computer networks allow labs to

improve information sharing, rapid identification, and consistent diagnostic methods for

contaminated foods. Another preparedness effort in the initiative is the National Veterinary

Vaccine Bank and the National Plant Disease Recovery System (both of which are mentioned

in HSPD-9).

FY2008 DHS Budget Initiative

The FY2008 DHS budget request does not include any individual line items for agriculture.

Ongoing border inspection and science and technology activities are mentioned, but no specific

allocations or requests are mentioned.

Table 4. USDA Food and Agriculture Defense Initiative

(million dollars)

Agency

FY2006

actual

FY2007

est.

FY2008

request

Food Emergency Response Network

FSIS

Surveillance and monitoring

FSIS

FSIS enhanced inspections

FSIS

Lab upgrades, physical security

FSIS

Education, training, other

FSIS

Other FSIS activities

FSIS

Research

ARS

Food Defense:

Subtotal food defense

Agriculture Defense:

Research

ARS

National Plant Disease Recovery

ARS

Regional Diagnostic Network

CSREES

Higher educ. agrosecurity program

CSREES

Enhanced surveillance

APHIS

119

Bio-surveillance

APHIS

Plant safeguarding activities

APHIS

Select agents

APHIS

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Agency

FY2006

actual

FY2007

est.

FY2008

request

National Veterinary Stockpile

APHIS

Other APHIS activities

APHIS

Subtotal agriculture defense

163

151

262

Subtotal, ongoing programs

189

177

324

Ames , Iowa, BSL-3 facility

ARS

Athens, Georgia, Poultry lab

ARS

Total, Food and Agriculture Defense Initiative

247

177

340

Total USDA homeland security appropriation (Table 2)

420

341

524

Food and Agriculture Defense Initiative as % of Total USDA

homeland security appropriation

59%

52%

65%

Source: USDA, Budget Summary and Annual Performance Plan: FY2008, p. 14-16 http://www.obpa.usda.gov/

budsum/fy08budsum.pdf.

Possible Pathogens in an Agroterrorist Attack

Of the hundreds of animal and plant pathogens and pests available to an agroterrorist, perhaps

fewer than a couple of dozen represent significant economic threats. Determinants of this level

of threat are the agent’s contagiousness and potential for rapid spread, and its international status

as a “reportable” pest or disease (i.e., subject to international quarantine) under rules of the

World Organization for Animal Health (also commonly known as the OIE, the Office

International des Epizooties).74

A widely accepted view among scientists is that livestock are more susceptible to agroterrorism

than cultivated plants. Much of this has to do with the success of efforts to systematically

eliminate animals diseases from U.S. herds, which leaves current herds either unvaccinated or

relatively unmonitored for such diseases by farmers and some local veterinarians. Once infected,

livestock can often act as the vector for continuing to transmit the disease, facilitating an

outbreak’s spread, especially when live animals are transported. Certain animal diseases may be

more attractive to terrorists because they can be zoonotic, or transmissible to humans.75

The OIE is an international organization created in 1924 with 166 member countries. It is a well-respected

information clearinghouse for animal diseases and health. Member countries report diseases that occur on their

territory, and the OIE disseminates the information, allowing other countries to take preventive action. The OIE also

analyses scientific information on animal disease control, provides technical support, and develops normative

documents that are recognized by the World Trade Organization for international trade and sanitary rules; see

http://www.oie.int.

Some of the biological pathogens of concern to agriculture are discussed in CRS Report RL32391, Small-scale

Terrorist Attacks Using Chemical and Biological Agents: An Assessment Framework and Preliminary Comparisons, by

(name redacted) and (name redacted).

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In contrast, a number of plant pathogens continue to exist in small areas of the U.S. and continue

to infect limited areas of plants each year, making outbreaks and control efforts more routine.

Moreover, plant pathogens generally are more difficult to manipulate from a technical

perspective. Some plant pathogens require particular environmental conditions of humidity,

temperature, or wind to take hold or spread. Other plant diseases may take a longer time than an

animal disease to become established or achieve a level of destruction that a terrorist may desire.

Animal Pathogens

The Agricultural Bioterrorism Protection Act of 2002 (Subtitle B of P.L. 107-188, the Public

Health Security and Bioterrorism Preparedness and Response Act) created the current, official list

of animal pathogens that are of greatest concern for agroterrorism. The list is specified in the

select agent rules implemented by USDA-APHIS and the Centers for Disease Control and

Prevention (CDC) of the Department of Health and Human Services (HHS). The act requires that

these lists (Table 5) be reviewed at least every two years.

The select agent list for animal pathogens draws heavily from the enduring and highly respected

OIE lists of high-concern pathogens. The select agent list is comprised of an APHIS-only list (of

concern to animals) and an overlap list of agents selected both by APHIS and CDC (of concern to

both animals and humans). 76

OIE List

Prior to the Agricultural Bioterrorism Protection Act, the commonly accepted animal diseases of

concern were all of the OIE’s “List A” diseases and some of the “List B” diseases. In 2004, the

OIE replaced its Lists A and B with a single list77 that is more compatible with the Sanitary and

Phytosanitary Agreement (SPS) of the World Trade Organization (WTO). The new OIE list

classifies diseases equally, giving each the same degree of importance in international trade. 78

Many of these OIE-listed diseases are included in the select agent list (Table 5).

The OIE’s List A diseases were transmissible animal diseases that had the potential for very

serious and rapid spread, irrespective of national borders. List A diseases had serious

socioeconomic or public health consequences and were of major importance in international

trade. List B diseases were transmissible diseases considered to be of socioeconomic or public

health importance within countries and significant in international trade. In creating the new list,

OIE reviewed its criteria for including a disease, and the disease or epidemiological events that

require member countries to file reports. Nearly all of the former List A and List B diseases are

included in the new single OIE list.

For descriptions of the diseases listed in Table 5, see the United States Animal Health Association’s “Gray Book,” at

http://www.vet.uga.edu/vpp/gray_book/FAD/index.htm, and the OIE’s “Technical Disease Cards,” at

http://www.oie.int/eng/maladies/en_mal.htm. Overlap diseases and agents are described by the Centers for Disease

Control and Prevention (CDC) at http://www.bt.cdc.gov/agent/agentlist-category.asp.

OIE, Terrestrial Animal Health Code, 13th edition, May 2004, at http://www.oie.int/eng/normes/mcode/

en_sommaire.htm.

Bernard Vallat, “The OIE paves the way for a new animal disease notification system,” Editorials from the (OIE)

Director General, April 2004, at http://www.oie.int/eng/Edito/en_edito_apr04.htm.

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Select Agents List

The regulations establishing the select agent list for animals (9 CFR 121) set forth the

requirements for possession, use and transfer of these biological agents or toxins. They are

intended to ensure safe handling and for security to protect the agents from use in domestic or

international terrorism. APHIS and CDC determined that the biological agents and toxins on the

list have the potential to pose a severe threat to agricultural production or food products.

The 23 animal diseases listed exclusively by APHIS in 9 CFR 121.3—the left column of Table

5—include 20 of the OIE-listed diseases and three other disease agents (Akabane, Camel pox,

and Menangle) considered to be emerging animal health risks for terrorism. The much larger OIE

list includes other diseases that are not listed as “select agents.” However, the select agent list was

created to account for the additional risks perceived to be posed by terrorism.

Table 5. Livestock Diseases in the Select Agent List

Animal diseases and agents/toxins listed

exclusively by APHIS

9 CFR 121.3

Overlap diseases and agents/toxins listed

by both APHIS and CDC

9 CFR 121.4

OIE class

African horse sickness

Anthrax (Bacillus anthracis)

African swine fever

Botulinum neurotoxins

Akabane

Botulinum neurotoxin-producing species of Clostridium

Avian influenza (highly pathogenic)

Bluetongue (exotic)

Brucellosis of cattle (Brucella abortus)

Bovine spongiform encephalopathy

Brucellosis of sheep (Brucella melitensis)

Brucellosis of swine (Brucella suis)

Camel pox

Classical swine fever

Glanders (Burkholderia mallei)

Contagious caprine pleuropneumonia

Melioidosis (Burkholderia pseudomallei)

Contagious bovine pleuropneumonia

Clostridium perfringens epsilon toxin

Foot-and-mouth disease (FMD)

(Valley fever) Coccidioides immitis

Goat pox

Q fever (Coxiella burnetii)

Heartwater (Cowdria ruminantium)

Eastern equine encephalitis

Japanese encephalitis

Tularemia (Francisella tularensis)

Lumpy skin disease

Hendra virus (of horses)

Malignant catarrhal fever

Nipah virus (of pigs)

Menangle virus

Rift Valley fever

Newcastle disease (exotic)

Shigatoxin

Peste des petits ruminants

Staphylococcal enterotoxins

Rinderpest

T-2 toxin

Sheep pox

Venezuelan equine encephalitis

Swine vesicular disease

Vesicular stomatitis

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Source: 9 CFR 121.3(b) and (d), supplemented with common disease names as appropriate. OIE classes include

diseases affecting multiple species (M), cattle/bovine (B), sheep and goats/caprine (C), horses/equine (E),

pigs/swine (S), birds/avain (A), and rabbits/lagomorphs (L).

The 20 diseases and overlap agents/toxins included by both APHIS and CDC in 9 CFR 121.4—

the right column of Table 5—pose a risk to both human and animal health. The overlap list

includes ten OIE-listed diseases, including anthrax, brucellosis of cattle, brucellosis of sheep,

brucellosis of swine, glanders, Rift Valley fever, Q fever, Eastern equine encephalitis, tularemia,

and Venezuelan equine encephalitis.

Analysis

The select agent list designates and regulates pathogens, not diseases, by regulating access to and

handling of high-consequence pathogens. The overlap list is more comprehensive than a diseaseonly list, because certain pathogens may not cause a disease, per se, but may cause symptoms

such as food poisoning or central nervous systems responses.

Some of select agent pathogens receive more attention than others. For example, foot and mouth

disease (FMD) is probably the most frequently mentioned disease when agroterrorism is

discussed, due to its ease of use, ability to spread rapidly, and potential for great economic

damage. In testimony before the Senate Governmental Affairs Committee on November 19, 2003,

Dr. Thomas McGinn of the North Carolina Department of Agriculture described a simulation of

an FMD attack by a terrorist at a single location. Only after the 5th day of the attack would the

disease be detected, by which time it may have spread to 23 states. By the 8th day, 23 million

animals may need to be destroyed in 29 states.79

On the other hand, the causative agent of bovine spongiform encephalopathy (BSE, or “mad cow

disease”) is considered dangerous enough to be a select agent, even though mad cow disease is

less likely to be a terrorist’s choice than other diseases. With BSE, infection is not certain,

symptoms take years to manifest, and the disease may not be detected—all making credit for an

attack more doubtful.

Widespread animal diseases like brucellosis, influenza, or tuberculosis receive relatively less

attention than FMD, hog cholera, or Newcastle disease. However, emerging diseases such as

Nipah virus, Hendra virus, and the H5N1 strain of avian influenza (zoonotic diseases that

have infected people, mostly in Asia) can be lethal since vaccines are elusive or have not

been developed.

Plant Pathogens

The Agricultural Bioterrorism Protection Act of 2002 (Subtitle B of P.L. 107-188) also instructed

APHIS and CDC to create the current official list of potential plant pathogens. The Federal

government lists biological agents and toxins for plants in 7 CFR 331.3 (Table 6). The act

requires that these lists be reviewed at least every two years, and revised as necessary.80

S.Hrg. 108-491, Agroterrorism: The Threat to America’s Breadbasket, Senate Committee on Governmental Affairs,

Nov. 19, 2003, pp. 10 and 65 http://frwebgate.access.gpo.gov/cgi-bin/

getdoc.cgi?dbname=108_senate_hearings&docid=f:91045.wais.pdf.

The list originally included soybean rust (Phakopsora pachyrhizi) and Plum pox (Plum pox potyvirus), which were

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Prior to the act, there was not a commonly recognized list of the most dangerous plant

pathogens, although several diseases were usually mentioned and are now included in the

APHIS select agent list.

The list of seven biological agents and toxins in 7 CFR 331.3 was compiled by the Plant

Protection and Quarantine (PPQ) program in APHIS, in consultation with USDA’s Agricultural

Research Service; Forest Service; Cooperative State Research, Education, and Extension Service;

and the American Phytopathological Society. The listed agents and toxins are viruses, bacteria, or

fungi that can pose a severe threat to a number of important crops, including potatoes, rice, corn,

and citrus. Because the pathogens can cause widespread crop losses and economic damage, they

could potentially be used by terrorists.

Other plant pathogens not included in the select agent list possibly could be used against certain

crops or geographic regions. Examples include Karnal bunt, citrus canker, and soybean rust, all of

which currently exist in the U.S. in regions quarantined or under surveillance by USDA. As with

other agents, the effectiveness of an attack to spread such a disease may be dependent on

environmental conditions and difficult to achieve.

Table 6. Plant Diseases in the Select Agent List

Plant diseases caused by...

the select agents listed in 7 CFR 331.3

Citrus greening

Liberobacter africanus, L. asiaticus

Philippine downy mildew (of corn)

Peronosclerospora philippinensis

Bacterial wilt, brown rot (of potato)

Ralstonia solanacearum, race 3, biovar 2

Brown stripe downy mildew (of corn)

Sclerophthora rayssiae var. zeae

Potato wart or potato canker

Synchytrium endobioticum

Bacterial leaf streak (of rice)

Xanthomonas oryzae pv. oryzicola

Citrus variegated chlorosis

Xylella fastidiosa

Source: 7 CFR 331.3(a), supplemented with common disease names as appropriate.

Countering the Threat

The goal of the U.S. animal and plant health safeguarding system is to prevent the introduction

and establishment of exotic pests and diseases, to mitigate their effects when present, and to

eradicate them when feasible. In the past, introductions of pests and pathogens were presumed to

be unintentional and occurred through natural migration across borders or accidental movement

by international commerce (passengers, conveyance, or cargo). However, a system designed for

accidental or natural outbreaks is not sufficient for defending against intentional attack.

Consequently, the U.S. system is being upgraded to address the reality of agroterrorism.

(...continued)

later removed. For example, when soybean rust became endemic in the southern United States, access as a “select

agent” became less important.

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Different analysts and agencies have various ways to outline a response for agroterrorism.

The National Research Council outlines a three-pronged strategy for countering the threat

of agroterrorism:81

•

Deterrence and prevention

•

Detection and response

•

Recovery and management

Even though no foreign terrorist attacks on crops or livestock have occurred in the United

States, government agencies and private businesses have not taken the threat lightly. Biosecurity

is an increasingly prominent among food manufacturers, merchandisers, retailers, and

commercial farmers. Many agribusinesses have prepared response plans or added security

measures to protect their product and brand names, ranging from input sources to processing and

retail distribution networks.

Deterrence and Prevention

Primary prevention and deterrence interventions for foreign pests and diseases include

international treaties and standards (such as the International Plant Protection Convention, and

those of the OIE/World Organization for Animal Health), bilateral and multilateral cooperative

efforts, off-shore activities in host countries, port-of-entry inspections, quarantine, treatment, and

post-import tracking of plants, animals and their products.

Every link in the agricultural production chain is susceptible to attack with a biological weapon.

Traditionally the first defense against a foreign animal or plant disease has been to try to keep it

out of the country. Agricultural inspectors at foreign pre-clearance inspections and at the U.S.

borders are the first line of defense. 82 Smuggling interdiction efforts can act as deterrents before

biological agents reach their target.

DHS and USDA already conduct such inspection and quarantine practices, but continued

oversight is necessary to determine which preparedness activities and threats need more attention.

Off-shore activities include pre-clearance inspection by APHIS of U.S. imports before products

leave their port of origin. APHIS has personnel in at least 27 host countries. Although many of

these inspections programs were built to target unintentional threats, they are being augmented

with personnel and technology to look for intentional threats.

Various U.S. intelligence and law enforcement agencies collect information about

biological weapons that could be used against U.S. agriculture. Building and maintaining a

climate of information sharing between USDA, DHS, and the intelligence community is

necessary, especially so that agriculture is not overlooked compared to other infrastructure

and human targets.

National Research Council (2003), p. 41-59.

For more discussion of current border inspections practices and data on past agricultural and other inspections

programs, see CRS Report RL32399, Border Security: Inspections Practices, Policies, and Issues, by (name redac

ted) et al.

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Once inside the U.S., many parts of the food production chain may be susceptible to attack with a

biological weapon. For example, terrorists may have unmonitored access to geographically

remote crop fields and livestock feedlots. Diseases may infect herds more rapidly in modern

concentrated confinement livestock operations than in open pastures. An undetected disease may

spread rapidly because livestock are transported more frequently and over greater distances

between farms, and to processing plants. Processing plants and shipping containers need to be

secured and/or tracked to prevent tampering.

An important line of defense is biosecurity—the use of preventive security measures against

pathogens. On farms, biosecurity includes farm management practices that both protect animals

and crops from the introduction of infectious agents and contain a disease to prevent its rapid

spread within a herd or to other farms. Biosecurity practices include structural enclosures to limit

outside exposure to people and wild animals, and the cleaning and disinfection of people,

clothing, vehicles, equipment, and supplies entering the farm. USDA promotes such practices for

poultry in a program called “Biosecurity for the Birds.”83

Most farm specialists agree that livestock farmers are increasingly aware of the importance of

biosecurity measures, particularly since the FMD outbreaks in European cattle and the avian flu

and exotic Newcastle infections in U.S. poultry. More farm operators are restricting visitors or

requiring them to wear boot covers or other protective clothing to guard against bringing in

disease. Regardless of the reason for following biosecurity measures (terrorism or accidents),

these precautions help prepare farms against diseases.

Detection and Response

In the FY2004 Consolidated Appropriations Act (P.L. 108-199), the conference committee made

the following observation about agroterrorism preparedness:

“The conferees agree that emergency preparedness related to field crops, farm animals and

food processing and distribution is of critical importance, and that the agriculture and food

sectors are part of the critical infrastructure requiring heightened attention and protection.

Given the integral roles of state and local governments and the private sector in detecting,

deterring and responding to acts of agro-terrorism, the conferees expect the Department of

Agriculture and the Department of Homeland Security to coordinate efforts in assisting

states, particularly by providing financial and technical support to initiatives oriented toward

interstate cooperation in joint preparedness initiatives. The conferees are particularly

interested in those states that have developed or are currently developing coordinated

interstate initiatives” (H.Rept. 108-401for P.L. 108-199).

Because biological attacks on crops and livestock may not be immediately apparent, existing

frameworks for detecting, identifying, reporting, tracking, and managing natural and accidental

disease outbreaks need to be upgraded to combat agroterrorism. Appropriate responses are

being developed based on specific pathogens, targets, and other circumstances that may surround

an attack.

USDA-APHIS, “Biosecurity for the Birds: Biosecurity Tips: 6 Ways To Prevent Poultry Disease”

http://www.aphis.usda.gov/vs/birdbiosecurity/tips.html.

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The exact methods for control and eradication operations are difficult to predict. Past experience

and simulations have shown that day-to-day decisions would be made using “decision trees” that

include factors such as the geographical spread, rates of infestation, available personnel, public

sentiment, and industry cooperation. Response procedures are outlined in the APHIS Plant

Protection and Quarantine (PPQ) Emergency Programs Manual84 and the APHIS Veterinary

Services (VS) Federal Emergency Response Plan for an Outbreak of Foot-and-Mouth Disease or

Other Highly Contagious Diseases.85 The National Response Plan (NRP) also discusses USDA’s

role in responding to terrorist attacks or other disasters.

In an outbreak, damage is proportional to the time it takes to first detect the disease. If a foreign

disease is introduced, responsibility for recognizing initial symptoms rests with farmers,

producers, veterinarians, plant pathologists and entomologists. But farmers sometimes are

reluctant to voluntarily test crops or livestock for fear of economic loss or professional stature.

Cooperative Extension Service agents at state universities are receiving additional training on

recognizing the likely symptoms of an agroterrorism attack.

Effective detection depends on a heightened sense of awareness, and on the ability to rapidly

determine the level of threat (e.g., developing and deploying rapid disease diagnostic tools).

Lessons from disease outbreaks, including the 2001FMD outbreaks in Europe and 2003-06

spread of H5N1 avian flu globally, show that the speed of detection, diagnosis, and control spell

the difference between an isolated incident and an economic and public health disaster.

The capacity to respond, however, is not always as strong as desired. In recent years, the number

of veterinarians with experience to recognize many foreign animal diseases has declined. Success

in eradicating many animal diseases in the United States has reduced the “opportunity” for new

veterinarians to see such diseases. Also, the number of large animal veterinarians in private

practice and within APHIS has declined. The American Veterinary Medical Association predicts

that 7% of USDA positions for large animal veterinarians may go unfilled, and 4-5% of such

positions nationwide. 86 In light of this trend, APHIS has initiated efforts to increase training for

foreign animal diseases and create registries of veterinarians with appropriate experience. The

National Veterinary Medical Service Act, P.L. 108-161, provides new veterinarians with loan

repayment assistance in exchange for practicing areas with veterinary shortages and for being

tasked by the government in emergency situations.87

USDA-APHIS Plant Protection and Quarantine (2002), Emergency Programs Manual, at http://www.aphis.usda.gov/

ppq/manuals/emergency/pdf_files/EPM.pdf.

A summary of the emergency response plan for animals is available from USDA-APHIS at

http://www.aphis.usda.gov/lpa/pubs/fsheet_faq_notice/fs_ahfmdres.html.

Sterner, Keith E. “An invited perspective on the shortage of veterinarians in food supply veterinary medicine,”

Journal of the American Veterinary Medical Association, vol. 229, July 1, 2006, pp. 30-32.

The National Veterinary Medical Services Act received a $500,000 appropriation in the FY2006 agriculture

appropriations act (P.L. 109-97, H.Rept. 109-255). USDA regulations to implement the program are forthcoming.

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DHS and USDA have worked to improve the coordination of their response plans to secure

the food supply, particularly following the announcement of HSPD-9. The departments are

cooperating on research funding, detection technology, surveillance, partnerships with

private industry, and state and local response coordination.88 Examples of the public-private

partnerships for detection include the food and agriculture Information Sharing and Analysis

Center (ISAC) and the food and agriculture Sector Coordinating Council (SCC)—both discussed

earlier in this report.

Numerous simulation (“table top”) exercises have been conducted by both federal, state and local

authorities to test the response and coordination efforts of a agroterrorism attack. Examples of

such simulations include the Silent Prairie exercise in Washington (February 11, 2003), the

Silent Farmland exercise in North Carolina (August 5, 2003), and Exercise High Stakes in Kansas

(June 18, 2003).

The last line of defense, and the costliest, is the isolation, control, and eradication of an epidemic.

The more geographically widespread a disease outbreak, the costlier and more drastic the control

measures become. Officials gained valuable experience from recent agricultural disease outbreaks

such as avian influenza in the U.S., Canada, and Asia;89 FMD in the UK; and citrus canker in

Florida. Each one of these epidemics has required the depopulation and destruction of livestock

and crops in quarantine areas, indemnity payments to farmers, and immediate suspension of

international trade.

Of all lines of defense, mass eradication is the most politically sensitive and difficult. Actions

taken in each of these outbreaks have met with varying degrees of resistance from groups

opposed to mass slaughter of animals, citizens concerned about environmental impacts of

destroying carcasses, or from farmers who fear the loss of their livelihood. During the 2001

outbreak of FMD in the United Kingdom, the public was clearly opposed to the large pyres of

burning carcasses. The disposal of millions of chicken carcasses in British Columbia, Canada,

during 2004 also caused a significant public debate. Thus, scientific alternatives are needed for

mass slaughter and carcass disposal. 90

Judicial roadblocks also can interfere with eradication and control efforts. For example, sciencebased measures (tree removal within certain perimeters) to eradicate citrus canker in Florida’s

residential neighborhoods were challenged and delayed in the courts. The disease continued to

spread and, before it could be eradicated, was spread very widely by hurricanes in 2005.

Federal Authorities

When a foreign animal disease is discovered, whether accidentally or intentionally introduced,

the Secretary of Agriculture has broad authority to eradicate it or prevent it from entering the

country.91 The use of these authorities is fairly common, as shown recently by the import

DHS Fact Sheet, “Strengthening the Security of Our Nation’s Food Supply,” July 6, 2004, at http://www.dhs.gov/

dhspublic/interapp/press_release/press_release_0453.xml.

For more information on avian flu, see CRS Report RL33795, Avian Influenza in Poultry and Wild Birds, by (nam

e redacted) and (name redacted).

National Agricultural Biosecurity Center (Kansas State), Carcass Disposal: A Comprehensive Review, August 2004

http://fss.k-state.edu/research/books/carcassdispfiles/Carcass%20Disposal.html.

The Plant Protection Act (P.L. 106-224, Title IV, Sec. 402, June 20, 2000) and the Animal Health Protection Act

(continued...)

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restrictions placed on H5N1 avian flu-infected countries. Federal quarantines and restrictions on

interstate movement within the U.S. are also common for certain pest and disease outbreaks, such

as for sudden oak death in California and citrus canker in Florida.

In addition to federal authorities, most states have similar authorities, at least for quarantine and

import restrictions. In fact, the initial response to many outbreaks is at the state or local level. If

an outbreak spreads across state lines or if state and local efforts are inadequate, federal

involvement quickly follows. State and local officials usually consult with federal authorities and

often seek federal assistance.

If an animal disease outbreak is found in the United States, the Secretary of Agriculture is

authorized, among other things, to:

•

Stop imports of animals and animal products into the U.S. from suspected

countries (7 U.S.C. 8303);

•

Stop animal exports (7 U.S.C. 8304) and interstate transport of diseased or

suspected animals (7 U.S.C. 8305);

•

Seize, quarantine, and dispose of infected livestock to prevent dissemination of

the disease (7 U.S.C. 8306);

•

Compensate owners for the fair market value of animals destroyed by the

Secretary’s orders (7 U.S.C. 8306(d)); and

•

Transfer the necessary funding from USDA’s Commodity Credit Corporation

(CCC) to cover costs of eradication, quarantine, and compensation programs

(7 U.S.C. 8316).92

Similar authorities cover plant pests and diseases (7 U.S.C. 7701-7772).

However, the capacity of local law enforcement may be stretched too thin in a full-scale

agroterrorist attack. A study by the U.S. Department of Justice says that agroterrorism events are

more likely to be handled as a crime scene investigation with law enforcement having primary

responsibility, rather than a public health response.93 Quarantines of a 6-mile radius, combined

with statewide roadblocks to enforce stop-movement orders, would require many officers and

much equipment to be redeployed from other assignments and coordinated among many

jurisdictions of different levels.

(...continued)

(P.L. 107-171, Title X, Sec. 10402, May 13, 2002) provide broad regulatory and eradication authorities to the Secretary

and to APHIS. These acts replace a patchwork of similar laws dating back many decades by combining authorities into

a unified framework.

For more information on CCC transfers for plant and animal health programs, see CRS Report RL32504, Funding

Plant and Animal Health Emergencies: Transfers from the Commodity Credit Corporation, by (name redacted) and

(name redacted).

U.S. Department of Justice, National Institute of Justice, Agroterrorism—Why We’re Not Ready: A Look at the Role

of Law Enforcement. NCJ 214752, December 2006 http://www.ojp.usdoj.gov/nij/pubs-sum/214752.htm.

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National Veterinary Stockpiles (NVS)

HSPD-9 calls for a National Veterinary Stockpile (NVS) “containing sufficient amounts of animal

vaccine, antiviral, or therapeutic products to appropriately respond to the most damaging animal

diseases affecting human health and the economy and that will be capable of deployment within

24 hours of an outbreak.”

At a Senate agriculture committee hearing in 2005, Dr. James Roth, veterinary professor at Iowa

State University, highlighted Rift Valley fever, Nipah virus, and avian influenza as candidates for

the stockpile because the agents are contagious and can cause serious illness or death in humans.

“Safe and effective vaccines for these three diseases can be developed in a short time frame. This

preventive measure would effectively reduce the serious threat these diseases pose to both public

health and animal agriculture. Animal vaccines can be developed for a small fraction of the cost

of developing human vaccines. Vaccinating animals for zoonotic diseases effectively protects the

human population from infection, and reduces the need to vaccinate people.”94

The NVS received $3 million in FY2005 and $3 million in FY2006. The Administration requests

$8 million for FY2007 as part of the Food and Agriculture Defense Initiative.

Recovery and Management

Some activities, such as confinement and eradication, start in the response phase but continue

throughout the recovery and management phase. Long-term economic rec

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