§8914 — Title 7 Agriculture | U.S. Code

Summary

The Secretary of Agriculture must make and keep a list of plant and animal diseases or pests that could seriously hurt U.S. food and farming. The Secretary must ask experts for input, review all evidence (including classified information), and update the list regularly. The Secretary must work with federal, State, local, tribal, and industry partners to write and share strategic response plans. Those plans must explain who does what, include decision tools for using medicines and plant-management methods, set performance goals, require drills and improvements after exercises, and help states build their own plans. The Secretary must also help coordinate exercises with other officials. The Department must set up a National Plant Diagnostic Network to watch for and diagnose plant threats. The Director of the National Institute of Food and Agriculture will lead the network. The network must improve surveillance, lab standards, regional hubs, a national record repository, and information sharing with land-grant colleges, APHIS, and other agencies. The Department must also create a National Plant Disease Recovery System to plan long-term recovery, guide research, pick disease-resistant varieties, and keep a watch list for high-risk plant diseases. The law authorizes $15,000,000 for each of fiscal years 2019 through 2023 to help carry out the plant diagnostic work. Defined terms (one line each): animal — defined elsewhere in law; plant — defined elsewhere; pest — defined elsewhere; disease or pest of concern — a cross-border or already present disease/pest that poses a big risk; established disease — a disease that is present or would be an immediate threat and needs management; high-consequence plant transboundary disease — a cross-border plant disease judged high risk; plant health management strategy — steps to quickly control and stop plant disease spread; transboundary disease — a disease or pest found in one or more countries outside the United States (including if it appears or is introduced here); veterinary countermeasure — defined elsewhere in law.

Title 7, §8914

Agriculture — Source: USLM XML via OLRC

(a)In this section:

(1)The term “animal” has the meaning given the term in section 8302 of this title.

(2)The term “disease or pest of concern” means a plant or animal disease or pest that—

(A)is—

(i)a transboundary disease; or

(ii)an established disease; and

(B)is likely to pose a significant risk to the food and agriculture critical infrastructure sector that warrants efforts at prevention, protection, mitigation, response, and recovery.

(3)The term “established disease” means a plant or animal disease or pest that—

(A)(i)if it becomes established, poses an imminent threat to agriculture in the United States; or

(ii)has become established, as defined by the Secretary, within the United States; and

(B)requires management.

(4)The term “high-consequence plant transboundary disease” means a transboundary disease that is—

(A)(i)a plant disease; or

(ii)a plant pest; and

(B)of high consequence, as determined by the Secretary.

(5)The term “pest”—

(A)with respect to a plant, has the meaning given the term “plant pest” in section 7702 of this title; and

(B)with respect to an animal, has the meaning given the term in section 8302 of this title.

(6)The term “plant” has the meaning given the term in section 7702 of this title.

(7)The term “plant health management strategy” means a strategy to timely control and eradicate a plant disease or plant pest outbreak, including through mitigation (such as chemical control), surveillance, the use of diagnostic products and procedures, and the use of existing resistant seed stock.

(8)(A)The term “transboundary disease” means a plant or animal disease or pest that is within 1 or more countries outside of the United States.

(B)The term “transboundary disease” includes a plant or animal disease or pest described in subparagraph (A) that—

(i)has emerged within the United States; or

(ii)has been introduced within the United States.

(9)The term “veterinary countermeasure” has the meaning given such term in section 8302 of this title.

(b)(1)The Secretary shall—

(A)establish a list of diseases or pests of concern by—

(i)developing a process to solicit and receive expert opinion and evidence relating to the diseases or pests of concern entered on the list; and

(ii)reviewing all available evidence relating to the diseases or pests of concern entered on the list, including classified information; and

(B)periodically update the list established under subparagraph (A).

(2)(A)The Secretary shall develop, in collaboration with appropriate Federal, State, regional, and local officials, a comprehensive strategic response plan or plans, as appropriate, for the diseases or pests of concern that are entered on the list established under paragraph (1).

(B)The Secretary shall provide information to a State or region to assist in producing a response plan or plans that shall include a concept of operations for a disease or pest of concern or a platform concept of operations for responses to similar diseases or pests of concern that are determined to be a priority to the State or region that shall, as appropriate—

(i)describe the appropriate interactions among, and roles of—

(I)Federal, State, Tribal, and units of local government; and

(II)plant or animal industry partners;

(ii)include a decision matrix or dynamic decision modeling tools that, as appropriate, include—

(I)information and timing requirements necessary for the use of veterinary countermeasures;

(II)plant health management strategies;

(III)deployment of other key materials and resources; and

(IV)parameters for transitioning from outbreak response to disease management;

(iii)identify key response performance metrics to establish—

(I)benchmarking to provide assessments of capabilities, capacity, and readiness to achieve response goals and objectives;

(II)progressive exercise evaluation; and

(III)continuing improvement of a response plan, including by providing for—

(aa)ongoing exercises;

(bb)improvement planning and the implementation of corrective actions to enhance a response plan over time; and

(cc)strategic information to guide investment in any appropriate research to mitigate the risk of a disease or pest of concern; and

(iv)be updated periodically, including in response to—

(I)an exercise evaluation; or

(II)new risk information becoming available regarding a disease or pest of concern.

(3)Pursuant to section 6922(d)(6) of this title, as added by section 12202, the Secretary shall, as appropriate, assist in coordinating with other appropriate Federal, State, regional, or local officials in the exercising of the plans developed under paragraph (2).

(c)(1)The Secretary shall establish in the Department of Agriculture a National Plant Diagnostic Network to monitor and surveil through diagnostics threats to plant health from diseases or pests of concern in the United States.

(2)The National Plant Diagnostic Network established under paragraph (1) shall—

(A)provide for increased awareness, surveillance, early identification, rapid communication, warning, and diagnosis of a threat to plant health from a disease or pest of concern to protect natural and agricultural plant resources;

(B)coordinate and collaborate with agencies of the Department of Agriculture and State agencies and authorities involved in plant health;

(C)establish diagnostic laboratory standards;

(D)establish regional hubs throughout the United States that provide expertise, leadership, and support to diagnostic labs relating to the agricultural crops and plants in the covered regions of those hubs; and

(E)establish a national repository for records of endemic or emergent diseases and pests of concern.

(3)(A)The Director of the National Institute of Food and Agriculture shall serve as the head of the National Plant Diagnostic Network.

(B)The head of the National Plant Diagnostic Network shall—

(i)coordinate and collaborate with land-grant colleges and universities (as defined in section 3103 of this title) in carrying out the requirements under paragraph (2), including through cooperative agreements described in paragraph (4);

(ii)partner with the Administrator of the Animal and Plant Health Inspection Service for assistance with plant health regulation and inspection; and

(iii)coordinate with other Federal agencies, as appropriate, in carrying out activities relating to the National Plant Diagnostic Network, including the sharing of biosurveillance information.

(4)The Secretary shall seek to establish cooperative agreements with land-grant colleges and universities (as defined in section 3103 of this title) that have the appropriate level of skill, experience, and competence with plant diseases or pests of concern.

(5)In addition to the amount authorized to carry out this subtitle under section 12205,11 See References in Text note below. there is authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2019 through 2023.

(d)(1)The Secretary shall establish in the Department of Agriculture a National Plant Disease Recovery System to engage in strategic long-range planning to recover from high-consequence plant transboundary diseases.

(2)The National Plant Disease Recovery System established under paragraph (1) shall—

(A)coordinate with disease or pest of concern concept of operations response plans;

(B)make long-range plans for the initiation of future research projects relating to high-consequence plant transboundary diseases;

(C)establish research plans for long-term recovery;

(D)plan for the identification and use of specific genotypes, cultivars, breeding lines, and other disease-resistant materials necessary for crop stabilization or improvement; and

(E)establish a watch list of high-consequence plant transboundary diseases for the purpose of making long-range plans under subparagraph (B).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 12202, referred to in subsec. (b)(3), means section 12202 of Pub. L. 115–334, title XII, Dec. 20, 2018, 132 Stat. 4944, which enacted section 6922 of this title. The amount authorized to carry out this subtitle under section 12205, referred to in subsec. (c)(5), means the amount authorized to carry out subtitle B (§§ 12201–12205) of title XII of Pub. L. 115–334, Dec. 20, 2018, 132 Stat. 4944, which enacted section 6922 and 8914 of this title, amended section 8401 of this title, and repealed section 8911 of this title, under section 12205 of such Act, which was not classified to the Code. Codification Section was enacted as part of the Agriculture Improvement Act of 2018, and not as part of the Department of Agriculture Reorganization Act of 1994 which in part comprises this chapter.

Statutory Notes and Related Subsidiaries

Definition of “Secretary” “Secretary” means the Secretary of Agriculture, see section 2 of Pub. L. 115–334, set out as a note under section 9001 of this title.

§8914 Agriculture and food defense