[Senate Hearing 108-491] [From the U.S. Government Publishing Office] S. Hrg. 108-491 AGROTERRORISM: THE THREAT TO AMERICA'S BREADBASKET ======================================================================= HEARING before the COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED EIGHTH CONGRESS FIRST SESSION __________ NOVEMBER 19, 2003 __________ Printed for the use of the Committee on Governmental Affairs U.S. GOVERNMENT PRINTING OFFICE 91-045 WASHINGTON : DC ____________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800 Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001 COMMITTEE ON GOVERNMENTAL AFFAIRS SUSAN M. COLLINS, Maine, Chairman TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii ARLEN SPECTER, Pennsylvania RICHARD J. DURBIN, Illinois ROBERT F. BENNETT, Utah THOMAS R. CARPER, Delaware PETER G. FITZGERALD, Illinois MARK DAYTON, Minnesota JOHN E. SUNUNU, New Hampshire FRANK LAUTENBERG, New Jersey RICHARD C. SHELBY, Alabama MARK PRYOR, Arkansas Michael D. Bopp, Staff Director and Chief Counsel Tim Raducha-Grace, Professional Staff Member Joyce A. Rechtschaffen, Minority Staff Director and Counsel Beth M. Grossman, Minority Counsel Amy B. Newhouse, Chief Clerk C O N T E N T S ------ Opening statements: Page Senator Collins.............................................. 1 Senator Akaka................................................ 3 Senator Lautenberg........................................... 8 Senator Durbin............................................... 25 WITNESSES Wednesday, November 19, 2003 Hon. James M. Talent, a U.S. Senator from the State of Missouri.. 5 Thomas McGinn, NCDA&CS, North Carolina Assistant State Veterinarian, Department of Agriculture........................ 9 Peter Chalk, Policy Analyst, RAND Corporation, Santa Barbara Office......................................................... 14 Colleen O'Keefe, D.V.M., M.S., Illinois Department of Agriculture 17 Hon. Penrose Albright, Assistant Secretary for Science and Technology, Department of Homeland Security.................... 32 Lester M. Crawford, D.V.M., Ph.D., Deputy Commissioner, Food and Drug Administration............................................ 37 Charles Lambert, Deputy Under Secretary for Marketing and Regulatory Programs, U.S. Department of Agriculture, accompanied by Merle Pierson, Deputy Under Secretary for Food Safety, U.S. Department of Agriculture......................... 39 Alphabetical List of Wistnesses Albright, Penrose: Testimony.................................................... 32 Prepared Statement........................................... 88 Chalk, Peter: Testimony.................................................... 14 Prepared Statement........................................... 73 Crawford, Lester M., D.V.M., Ph.D.: Testimony.................................................... 37 Prepared Statement........................................... 96 Lambert, Charles: Testimony.................................................... 39 Prepared Statement........................................... 117 McGinn, Thomas, NCDA&CS: Testimony.................................................... 9 Prepared Statement with an atachment......................... 58 O'Keefe, Colleen, D.V.M., M.S.: Testimony.................................................... 17 Prepared Statement........................................... 83 Talent, Hon. James M.: Testimony.................................................... 5 Prepared Statement........................................... 53 APPENDIX ``Executive Summary--Stripe Rust of Wheat,'' by Dr. H.F. Schwartz, Colorado State University, 11/18/03.................. 128 ``Bioterrorism--A Threat to Agriculture and the Food Supply,'' Lawrence J. Dyckman, Director, Natural Resources and Environment, prepared statement................................ 130 Questions and Responses for the Record submitted by Senator Akaka for: Dr. Peter Chalk.............................................. 147 Dr. Penrose Albright......................................... 151 Dr. Lester Crawford, from Amit K. Sachdev, Associate Commissioner for Legislation, Food and Drug Administration, Department of Health and Human Services.................... 153 Dr. Charles Lambert.......................................... 156 Chart submitted by Chairman Collins entitled ``Terrorists' Interest in Agroterrorism''.................................... 160 Chart submitted by Chairman Collins entitled ``30 Agencies Involved in Possible Foot and Mouth Disease Outbreak''......... 161 ``The Midwest Alliance for Agroterrorism Countermeasures,'' by Abner W. Womack, University of Missouri, Co-Director of the Food and Agricultural Policy Research Institute, prepared statement...................................................... 162 AGROTERRORISM: THE THREAT TO AMERICA'S BREADBASKET ---------- WEDNESDAY, NOVEMBER 19, 2003 U.S. Senate, Committee on Governmental Affairs, Washington, DC. The Committee met, pursuant to notice, at 9:30 a.m., in room SD-342, Dirksen Senate Office Building, Hon. Susan M. Collins, Chairman of the Committee, presiding. Present: Senators Collins, Akaka, Durbin, and Lautenberg. OPENING STATEMENT OF CHAIRMAN COLLINS Chairman Collins. Good morning. The Committee will come to order. Today, the Governmental Affairs Committee will examine the vulnerability of America's agriculture and food industry to terrorist attacks, what our Nation must do to defend against agroterrorism, and how prepared we are to respond to such an attack. In the war on terrorism, the fields and pastures of America's farmland might seem at first to have nothing in common with the towers of the World Trade Center or our busy seaports. In fact, however, they are merely different manifestations of the same high priority target, the American economy. Even as he celebrated the toppling of the pillars of our economic power in the videotape released shortly after September 11, 2001, Osama bin Laden urged his followers to hit hard the American economy at its heart and core. Nothing is more at the heart and core of our economy than our agriculture and food industry. It is a $1 trillion economic sector that creates one-sixth of our gross national product. One in eight Americans works in this sector. It is a sprawling industry that encompasses a half-billion acres of croplands, thousands of feedlots, countless processing plants, warehouses, research facilities, and factories for ingredients, ready-to- eat foods, and packaging, as well as the distribution network that brings food from around the Nation and around the world into the neighborhood markets and restaurants via virtually every mode of transportation. Hundreds of pages of U.S. agricultural documents recovered from the al Qaeda caves in Afghanistan early last year are a strong indication that terrorists recognize that our agriculture and food industry provides tempting targets. According to a new RAND Corporation report, which will be released at today's hearing, the industry's size, scope, and productivity, combined with our lack of preparedness, offer a great many points of attack. Among our witnesses today will be the report's author, Dr. Peter Chalk, a noted expert in biowarfare. Al Qaeda's interest in agriculture is not limited to studying documents. These killers have practical, hands-on knowledge. A CIA report released in May confirmed that the September 11 hijackers expressed interest in crop dusting aircraft, an effective and remarkably simple way to spread biological agents, including plant and animal diseases, over large areas. We have also learned from the CIA that Osama bin Laden himself has considerable knowledge of agriculture. He controlled sunflower and corn markets in the Sudan in the mid- 1990's and may have used his farms to train terrorist operatives.\1\ --------------------------------------------------------------------------- \1\ Chart entitled ``Terrorists' Interest in Agroterrorism,'' appears in the Appendix on page 160. --------------------------------------------------------------------------- This horrific page is from The Poisoner's Handbook, an underground pamphlet published here in the United States that provides detailed instructions on how to make powerful plant, animal, and human poisons from easily obtained ingredients and how to disseminate them. It was found in Afghanistan in the hands of a group known to support al Qaeda. Last spring, a Saudi cleric who supports al Qaeda and has since been arrested issued a fatwa, a religious ruling, that justified the use of chemical and biological weapons, including weapons that destroy tillage and stock. To appreciate the potential impact of agroterrorism, consider the economic and social impacts of naturally occurring events of agricultural disease outbreaks. Here are just three examples. The 1997 outbreak of foot and mouth disease in Taiwan had an immediate cost to farmers of $4 billion. The estimated cost to date of trade embargoes is $15 billion. The 2001 outbreak of foot and mouth disease in Great Britain cost $1.6 billion in compensation to farmers. The lost revenue to tourism, a manifestation of the psychological impact, is estimated at $4 billion. The 2002 outbreak of exotic Newcastle disease in California led to huge economic losses for poultry farmers and the quarantine of 46,000 square miles. Included in this area was the U.S. Army National Training Center at Fort Irwin. But to call these three cases naturally occurring ignores an important point. Each was caused by human error, by carelessness, by a lapse in security. In Taiwan, it was one infected pig imported from Hong Kong. In Britain, it was one batch of infected feed at one farm. In California, it was one infected rooster smuggled across the border from Mexico. The ease with which terrorists could replicate these events is alarming. Since September 11, we have done much to make our Nation more secure. Nevertheless, much of America remains unprotected. A vital sector remains largely unguarded and an attack could be devastating. As we will hear today, an attack upon just one segment of the food supply could cripple our economy, require geographic quarantines, cause massive social upheaval, and, of course, produce illness and death. To prevent a future attack, we must first understand the danger. The RAND report describes the threats and vulnerabilities and explores the likely outcomes of a possible agroterrorist attack. It is a call to action. Understanding current Federal efforts to prevent and respond to a terrorist attack will help us understand what we need to do to better address our vulnerabilities. Therefore, we will also hear testimony today from representatives of the Department of Agriculture, the Food and Drug Administration, and the Department of Homeland Security, who will outline existing efforts and capabilities as well as what we must do to deter, detect, and respond effectively in the event of an attack. As the chart to my left shows,\1\ should there be an attack, more than 30 agencies may be involved. This is an example of the 30 agencies that would be involved in the event of an outbreak of foot and mouth disease. We must make sure that the efforts of these 30 agencies are effectively coordinated and that the Federal Government has a plan. After all, the impact of an ineffective Federal response could be devastating. --------------------------------------------------------------------------- \1\ Chart entitled ``30 Agencies Involved in Possible Foot and Mouth Disease Outbreak,'' appears in the Appendix on page 161. --------------------------------------------------------------------------- According to the National Defense University, even a limited outbreak of foot and mouth disease on just ten farms could have a $2 billion financial impact and wide-ranging effects on society, including the impairment of military deployment and readiness. These simulations are based upon the research of Dr. Thomas McGinn, who will also testify before us today. Congress has not held a hearing devoted to agroterrorism since 1999, 2 years before the September 11 attacks on our Nation. That is not to say that no work has been done on this issue since that time. In addition to the work of the Federal departments and agencies represented today, Senator Roberts, who held the 1999 hearing, worked with me to help write the food safety provisions included in the Bioterrorism Act. Senator Durbin has worked hard to raise awareness of food safety vulnerabilities. And my distinguished colleague Senator Akaka, perhaps more than any other Senator, has worked toward legislative solutions to our Nation's vulnerabilities to possible agroterrorist attacks. Our first witness today, Senator Talent, has also been an outstanding leader in this effort as the chair of the Agriculture Committee's Subcommittee on Marketing, Inspection, and Product Promotion. I look forward to working with Senator Talent as well as with the Members of this Committee to make sure that this aspect of homeland security receives the attention and the resources it deserves. We must join together on a bipartisan basis to address this growing threat before it reaches our soil. I would now turn to Senator Akaka for his opening statement. Senator Akaka. OPENING STATEMENT OF SENATOR AKAKA Senator Akaka. Thank you very much, Madam Chairman. I also want to welcome Senator Talent and to tell him that I will be willing to work with him on this issue. Thank you very much, Madam Chairman, for scheduling this hearing today which is so important to our country. Agroterrorism is an important subject that receives too little attention. Perhaps it is easier to talk about terrorists attacking people than about terrorists attacking animals or grain production. Unfortunately, the two threats cannot be separated. To attack the Nation's food supply is to attack all of us directly. After September 11, the President placed agriculture on the list of critical infrastructures that need to be protected from a terrorist attack. Since then, USDA has moved to improve its preparedness, prevention, and response efforts in the event of an agroterrorist attack. We are being warned that America must do more to protect the U.S. agricultural resources. Despite the warnings about the vulnerability, as expressed by the Chairman, of this important sector of our country, our response has been woefully inadequate. The Partnership for Public Service recently issued a study that examined the Federal Government's ability to defend against a bioterrorist attack. The Partnership report found that Federal agencies responsible for safeguarding our agriculture would face crushing burdens if our food and water supplies were contaminated. The General Accounting Office issued three reports in the past year examining food processing security, foot and mouth disease, and mad cow disease. The GAO report and others suggest that we have a long way to go to prevent and prepare for an attack on our agriculture. An unclassified CIA report released this month warns that advances in biotechnology have the potential to create a much more dangerous biological warfare threat. We must be mindful that any techniques that can be used to develop new bioweapons can be applied to developing threats to our agriculture. The vulnerability of America's agriculture has long concerned me. When I served on the House Agriculture Appropriations Subcommittee, I supported the USDA's Animal and Plant Health Inspection Service, which plays a critical role in protecting our borders and farms from agricultural pests and diseases, a critical mission for my home State of Hawaii. As a U.S. Senator, I continue to be concerned about this problem. In the 107th Congress, I introduced legislation to enhance agricultural security in the United States. Unfortunately, that bill was not considered during the last Congress and I again introduced legislation to address the shortcomings in agricultural security preparedness. My two bills, S. 427, the Agriculture Security Assistance Act, and S. 430, the Agriculture Security Preparedness Act, focus on the need to increase coordination in confronting the threat to America's agriculture industry. The two measures provide for better funding and better coordinated response and defense to an agroterrorism attack. The first bill is primarily aimed at assisting States and communities in responding to threats to the agriculture industry. The legislation authorizes funds for communities and States to increase their ability to handle a crisis. It also encourages animal health professionals to participate in community emergency planning activities to assist farmers in strengthening their defenses against a terrorist threat. The second measure will enable better interagency coordination within the Federal Government. The legislation establishes senior-level liaisons in the Departments of Homeland Security and Health and Human Services to coordinate with the USDA on agricultural disease, emergency management, and response. Also, the bill requires DHS and USDA to work with the Department of Transportation to address the risks associated with transporting animals, plants, and people between and around farms. No one disputes the saying that an ounce of prevention is worth a pound of cure. The Nation's capability to counter agroterrorism is increasing. However, the central importance of agriculture to our country suggests greater efforts are needed. The consequences of a lack of preparedness could be quite high. My two bills will help our Nation act now so that a future agroterrorist attack can be avoided or quickly responded to before the damage to lives or livestock is too great. I look forward to our witnesses this morning and look forward to a productive discussion. Thank you, Madam Chairman. Chairman Collins. Thank you, Senator. I know that our first witness is on a very tight schedule this morning so I am going to call upon him for his statement and then come back and turn to Senator Lautenberg for his opening remarks, if that is acceptable to the Senator from New Jersey. Senator Lautenberg. Yes. Chairman Collins. Thank you. It is with great pleasure that I now introduce my esteemed colleague, Senator Jim Talent of Missouri. Senator Talent is the Chairman of the Senate Agriculture Subcommittee on Marketing, Inspection, and Product Promotion, which has jurisdiction over the Department of Agriculture's Animal and Plant Health Inspection Service. He represents a leading State in agriculture production and his commitment and leadership in protecting our Nation's food supply is a real asset not only to his State, but to our entire Nation. Senator Talent, we are glad to have you here today. TESTIMONY OF HON. JAMES M. TALENT,\1\ A U.S. SENATOR FROM THE STATE OF MISSOURI Senator Talent. I am very grateful to be here. Thank you, and the Ranking Member Senator Akaka, and thanks to Senator Lautenberg also for allowing me to go first. In return, I am going to be as brief as I can be. --------------------------------------------------------------------------- \1\ The prepared statement of Senator Talent appears in the Appendix on page 53. --------------------------------------------------------------------------- I want to start off by thanking you for holding this hearing. We really are past due, I think, in holding another hearing on this important issue. We need to raise the visibility of the question of food security. Contrary to what some of us believe, without thinking about it, food doesn't come from a grocery store. It comes from the ranches in the West. It comes from the farms in the Midwest. It comes from the potato farms in Maine, Madam Chairman, and it is vulnerable to attack at all different levels of the production chain. I want to thank you for allowing me to address the Committee. I am the Chairman of the Subcommittee on the Agriculture Committee that has jurisdiction over marketing, inspection, and product promotion, and therefore over this issue. I do think it is important at the outset of the hearing, and since I am the first witness, maybe I can do it, to provide some notes of reassurance to consumers. We do have the safest and the most abundant and the most affordable food supply in the world. That was true before September 11. I think it is still true. But what we are all recognizing here is that a system that was designed to protect against incompetence or unintentional mistakes that might allow pests or disease into the system is not necessarily designed as well as it should be to protect against an intentional attack. We have begun that transition in the last several years, but we need to make certain that we complete it and complete it as soon as possible because the stakes, as you have pointed out, Madam Chairman, are huge. Apart from the threat to safety, which is, of course, the No. 1 thing, the diseases introduced in the system can and have affected people. There is also a tremendous threat to the economy, and one gets the sense that is really what the terrorists are after. They want to spread fear and a lack of confidence in the food system. Agriculture sales account for 13 percent of the GNP. They are nearly one-sixth of all jobs in the United States. Of course, in the Midwest, where I am from, they loom as an even greater proportion of the economy in Missouri and the States around Missouri, and you have detailed, I think very well, Madam Chairman, what happens when there is an outbreak of some kind of food-related disease. Canada's beef prices have declined 50 percent since BSE was discovered there. You have talked about the effect of swine fever in the Netherlands, foot and mouth disease in Taiwan, foot and mouth disease in the European Union. We all know the impact of BSE in Britain, and not just on the beef business there, but also on the tourist business. And this is why it is so crucial to Missouri, Madam Chairman, because our two biggest parts of the economy are agriculture, agribusiness, and tourism. An outbreak of BSE or FMD or something like that in Missouri or anywhere near it would have a devastating impact, or could have a devastating impact on the economy, depending on how prepared we are and how quickly we act, and that is really what the hearing is about. The experts in this, and you are going to have them here, I am not going to try and anticipate what they are going to say, but they talk about the importance of things like geography. We all know that livestock in particular tends to be raised in close quarters. There are certain parts of the country that are responsible for most of the livestock production and so the diseases tend to spread quickly because the animals are close together. That emphasizes the importance of timing. We need to anticipate where this is most likely to occur. We need to have protocols in place so that we have confidence, we detect these diseases quickly and respond as quickly as possible. It took the Europeans 2 weeks to discover FMD in their domestic livestock and that is too much. The producers, as you know, Madam Chairman, are already cooperating. It is their job to stay in touch with their herds and their cattle and their pork. They know what is going on there and they will participate and are participating in protocols with public health agencies, with veterinarians, with law enforcement, so we can count on them, anyway, to do their part of the work. What strategy should we use? I can't emphasize enough in your deliberations, Madam Chairman, and we are going to do this in the Agriculture Committee, the importance of cooperation and partnerships and established protocols. That graph that you put up is really a pretty damning graph. There are all these agencies that are involved in it. That is probably too many. At the very least, we have to be certain that they have protocols in place, they know how they are to work together to prevent this and respond quickly if and when it happens. We don't want this to be some kind of fire drill, when the alarm goes off, where they are all running around doing the same thing, and I am certain that is what your hearing will look into. I want to, in closing, point out some of the good work that we are doing in Missouri. I have written testimony I would like to submit for the record if I could, Madam Chairman---- Chairman Collins. Without objection. Senator Talent [continuing]. By Dr. Ab Womack, who is the Co-Director of the Food and Agricultural Policy Research Institute at the University of Missouri.\1\ If there is anything, and there is a lot going on good in agriculture in Missouri, Ab Womack knows about it. I would encourage you, Madam Chairman and staff, to consider him a ready resource if you want advice about this. --------------------------------------------------------------------------- \1\ Prepared statement by Dr. Ab Womack appears in the Appendix on page 162. --------------------------------------------------------------------------- We have established an alliance at the University of Missouri and we are already partnering with producers, with life sciences--we have a lot of life science research centers in Missouri anyway--public health agencies, law enforcement, becoming a kind of center for developing protocols to deal with this and prevent it and address it quickly if and when it occurs, and hopeful of being able to work at the university with the Department of Homeland Security in the future to try and prevent this. We have a big stake in Missouri, a big stake in the Midwest, but everybody in the country does. I am glad you are holding this hearing to raise the visibility and the importance of this and I am sure a lot of good is going to come out of it. Thank you again. I thank again my friend from New Jersey for allowing me to go first. Chairman Collins. Thank you very much for your testimony. I know I speak for all the Members of this Committee when I say that we look forward to working with you on solutions. Senator Talent. I have talked with Senator Cochran and he is, of course, extremely interested in this and I expect we can move ahead together on it. Thank you. Chairman Collins. Thank you. Senator Lautenberg. Madam Chairman, before Senator Talent leaves, I received my basic training in Missouri, in the Ozark Mountains, and as I dug a foxhole there with mighty strokes of a very sharp pickaxe, I couldn't get anywhere and I am delighted to hear that Missouri has something else besides that. [Laughter.] Senator Talent. Well, Senator, you were undoubtedly in Fort Leonard Wood, and if you dig at Fort Leonard Wood, you will hit rock. It is one of the reasons the Army has established that. It sort of beefs up our recruits. [Laughter.] But you go a little further south and east and you get to the foothills, some of the best farmland in the country, and then you go north and west. We have a lot of interesting places in Missouri. I am glad you were there, Senator. Come any time. Chairman Collins. Thank you, Senator, and Senator Lautenberg, thank you for your courtesy in letting our witness proceed before your opening remarks. OPENING STATEMENT OF SENATOR LAUTENBERG Senator Lautenberg. I was pleased to do that, Madam Chairman, because I am grateful that you are examining this subject, that we have a chance to take a look at it today. In the last few years, we have worked so hard to reduce the country's vulnerability to terrorist attacks, and it is a paradox when you think about it, that we now are moving to organically-produced products because we want to rid ourselves even of the slightest taint of a chemical or materials that might interfere with the purity of the product. And here we are, recognizing how vulnerable we all are to an attack on our agriculture, on our food supply. Unfortunately, our food chain from production to processing to distribution and consumption presents an all too easy target for those who want to harm America, and few targets have the impact that one could conceive as that coming from our food supply, something unknown that takes time to discover and then the time involved in reaching a large group of people in a given area, possibly a huge group if things go as one could imagine. As one of our witnesses today, Dr. McGinn of North Carolina's Department of Agriculture has put it, our food supply provides a big bullseye to some terrorists. Though people may not realize it, we actually have agriculture in my State, despite it's being densely populated--the most densely populated State in the country--we are referred to as the ``Garden State'' and there is a reason for that. New Jersey was a place of wonderful gardens and food production, and even though we are so crowded, we still today have nearly 10,000 farms. Most of these are family farms. They cover about 800,000 acres, and 800,000 acres in New Jersey, when you don't have a lot of acreage to spare, is quite significant. We produce fruit, vegetables, some corn, milk, greenhouse and other specialty crops and we are the Nation's second leading producer of blueberries and the fourth leading producer of cranberries in the country. Agriculture contributes $800 million a year to New Jersey's economy, and yet for 2003, we have received only $146,000 for plant and animal disease response and surveillance and the Counterterrorism Food Safety and Security Program. This compares rather poorly with other States. If you compare our population sizes, this sum by no means represents a proportionate ratio. So given the size of our industry and our proximity to some of the biggest most vulnerable markets in the country, the poultry food safety funding that we receive is of concern to all of us in New Jersey. One of the things I would like to hear, Madam Chairman, this morning is how we assess threats to our food safety, how we allocated Federal resources to respond to these threats. Again, I congratulate you for holding this hearing. It is more than overdue. I will be anxious to hear what the witnesses have to say and look forward to the outcome of this hearing. Chairman Collins. Thank you, Senator. I would now like to call our second panel of witnesses forward. Our witnesses on this panel will provide an overview of agroterrorism by outlining the range of threats to our food chain, the vulnerability terrorists could exploit, and the economic, social, and public health consequences of such an attack. Dr. Tom McGinn is the North Carolina Department of Agriculture's Assistant State Veterinarian and its Director of Emergency Preparedness. Dr. McGinn has worked with the National Defense University on computer simulations that illustrate the effects of attacks on various segments of the agriculture and food industry. Dr. Peter Chalk is a policy analyst at the RAND Corporation and is the author of a new report that I mentioned in my opening statement that is entitled, ``Hitting America's Soft Underbelly.'' It offers an enlightening assessment of our exposure to agroterrorism and makes several important policy recommendations. Colleen O'Keefe joins us from the Illinois Department of Agriculture, where she is Division Manager of Food Safety and Animal Protection. Ms. O'Keefe will describe the Partnership for Security in Agriculture, an initiative among eight Midwestern States to develop a response plan. I want to thank all of our witnesses for joining us today, and Dr. McGinn, we will start with your testimony. I understand that you have a PowerPoint presentation that you are going to use. TESTIMONY OF THOMAS McGINN, NCDA&CS,\1\ NORTH CAROLINA DEPARTMENT OF AGRICULTURE Dr. McGinn. Thank you. I just also want to add that I am the President of the State Animal Response Team for North Carolina. That is 42 organizations in a public-private partnership to respond to any animal in any disaster anywhere in North Carolina using the Incident Command System. So it is a public-private partnership on our State level and also on our country level. I am also Deputy Team Leader for VMAT-3, which is part of the National Disaster Medical System. So I am deployed both for State and national animal disasters. --------------------------------------------------------------------------- \1\ The prepared statement of Dr. McGinn with an attachment appears in the Appendix on page 58. --------------------------------------------------------------------------- Chairman Collins. You have a lot of experience and that is one reason we were so eager to have you testify this morning. Dr. McGinn. Thank you. Thank you for allowing me to be with you today. I would like to start out by saying that the intentional use of a weapon of mass destruction against agriculture is agroterrorism, and what I would like to share with you today is how agriculture is both the perfect target and the perfect weapon. I am going to share with you some simulations that demonstrate the need for us to harness the resources and the energies of all aspects of government as well as public and private partnerships and the citizens of our country for the protection of our food. I mentioned that agriculture is the perfect weapon. It is easily obtained. It is easily creating fear. It has collateral destruction, will destroy our food, and the persons that would actually use a biological event against terrorists are not harmed by it. It has been around since the beginning of history. The history of biological warfare says that warring nations seek to destroy the food producing capability of their enemies. So you can see why it would be a perfect weapon. You have already mentioned that it is a perfect target. It is the largest single sector in our U.S. economy and it contributes $12 billion to the balance of trade. Also, information discovered from Afghanistan illustrates that al Qaeda is interested in using these weapons against us. My next slide will be a simulation that demonstrates the intentional introduction of foot and mouth disease into multiple locations in our country. In the lower left corner, you will see the days as they go forward and the States that are infected during each day, and then you will see the arrows that will go across the slide, indicating the spread of the disease. So you see Day One is the first day of infection. What you will see here is that by Day Five, we are already in 23 States, and that Day Five is the first day that the disease is detected. So it is subclinical. It cannot be seen until Day Five and then it is in 23 States. By Day Eight, it is in 29 States, and then we would probably be in a position where there will be a national stop movement declared. The national stop movement would result ultimately in an estimated destruction of over 23 million animals. This disease also is infectious to meat and dairy products, so not only would the stopping of the movement of animals occur, but also then there would have to be restrictions on the movement of food, as well. So imagine what would be going on at this point in time as this sort of scenario occurs and the capabilities of these 30 organizations to respond to something that is already in 20 to 30 States before we have the capability of detecting it with current technologies. Imagine if such a disease was also a zoonotic disease, a disease that could affect humans, as well, and the kinds of concerns and frustrations that we would be experiencing and the effects on our economy that would occur. With this scenario, every day that can be saved, particularly early on, is a reduction in millions of lost animals and billions of dollars saved to our economy. So the earlier we can detect this and the quicker we can respond, the more effective we would be at preventing this kind of a destruction. If you look at the model I just shared with you and calculated the number of people that would be needed to respond to such an emergency, what we have done is sat down and added up all the people for decon, for permitting, for treatment, and for disposal of animals, for feeding and all these sorts of things, and come up with a total number of over 700,000 people would be needed at the maximum number of people at the greatest level of outbreak in our country. Seven-hundred-thousand people--our Nation is not prepared to be able to respond with that kind of response. Therefore, we need statutory authority that requires the training and exercising on the county level, the State level, and the national level to be able to get the organizations that you have shared with us earlier to be in a coordinated and integrated capabilities to respond to this kind of an outbreak. First responders, not only in the agricultural area but also as it relates to law enforcement, as it relates to fire, emergency medical services, all will be pressed into service in a situation like this, as well as the National Guard and the military. I also believe that this total number of people, that this demonstrates the need for having the ability to have State and county animal response teams, much like we have volunteer fire departments that already exist in our country. That was a simulation that I showed you last on an intentional introduction into the food production area. This is an intentional introduction of two pathogens into the food processing area. What this demonstrates, and you will see the days as it moves forward over on the right of this particular slide, on December 1, an introduction of two pathogens at the processing level in multiple sites. Again, it could be several sites or they could have actual delivery into many sites at one time. Obviously, the more sites they deliver to, the quicker these sorts of pathogens will spread throughout our country. This slide demonstrates the number of sick people, the number in the ICUs and dead people that would result from the distribution of infectious material from these processing plants into single, just into single grocery stores and restaurants throughout our country. Imagine the fear that would result from such an intentional introduction. Such a biological attack would create signs, both gastric, respiratory, and neurological. Anybody who is sick with any kind of a disease, whether it is flu or an allergy or whatever, or just a simple stomach virus, would think that they were infected, as well. This would overload our public health system and the confidence in the country's ability to respond. Our government's ability to respond would be called into question and fear would be widespread. We have become a Nation concerned about receiving anthrax in our mailboxes. Imagine what it would be like to be a Nation concerned about opening our refrigerators and anthrax being in our refrigerators, as well. Another method that terrorists could use would be the introduction of a pathogen into the quality control system. Imagine they just intentionally introduced it into a food sample or into a diagnostic laboratory. Our country would not even have to be infected with the disease. They just put an infectious material into the laboratory system and then the appearance of an infectious disease in our country would then exist. And imagine the confidence that we would lose, or the people of our country would lose, in our system even with such an introduction. Our inability to validate the movement of animals and product would cause further loss of confidence in the public as we would deal with these sorts of introductions within the quality control systems. Imagine people purchasing products from other countries, not because they had a preference for taste, but because they were scared that it might be infected with some substance. The protection of our food supply, therefore, is central to our culture and central to our government's stability. As consumers, we are looking for government agencies to speak with one voice. We are looking for them to actually give us the roles and responsibilities that they will undertake, the roles and responsibilities of the private sector, and then of the citizens themselves. We were looking for funding on the State level to actually do the sorts of things that can't be done on the national level to actually determine what our vulnerabilities are and how they, in fact, reduce some of the risk associated from what these simulations detect. Our country is looking at these 30 organizations that you shared to stand on the walls of a fort to protect food security arm in arm, not to be in the bunkhouse arguing over which particular agency is going to defend which section of the wall. Here are the issues that we are addressing tangibly in North Carolina. These are things that we are currently doing to address the concerns. The first one, detection and surveillance. You can see our education programs are critical, educating consumers, building resilience within the consumers as part of what we must be about. Instead of fear, we have got to instill confidence and resilience. Having an integrated human and animal alert system--this is something that we are pioneering in North Carolina with public health, emergency management, and the State Bureau of Investigation as well as the FBI. And automated remote sensing capabilities. We have got to be able to detect earlier these sorts of pathogens. If we can see them before they are clinical, then we are going to again save millions of lives--millions of lives in terms of animals and billions of dollars. And then containment and eradication, the ability to force multiply. The 700,000 people I shared with you earlier, we have got to train right down to the local level. These are the people that are going to be responding, not some group of folks coming in quickly from a national capability. Increased technology, such as vaccines. We are going to have to expand our vaccine capabilities, our pharmaceutical capabilities. The Strategic National Stockpile is a very good place to actually expand that capability and to roll that capability out, as well. And increase our laboratory capacity. If you take the same scenarios and look at what the costs are, how much laboratory capacity is needed, then we start to see the kinds of vulnerabilities that we are currently challenged to have in place. Data management, a national multi-hazard GIS geographic information system. We have got to be able to know where these farms are and where these processing facilities are and how they move product long before we get involved in such an attack. Trying to determine where these places are located during an attack takes weeks to months and we don't have the luxury, as you can see, of any days to do these sorts of things. Advancing livestock modeling capabilities. We have got to be able to put economic numbers associated with these models and we are very diligently trying to determine what kind of intervention strategies we need to do to return to normalcy in terms of production and processing, and also what are the costs associated with these intervention strategies. And finally, vulnerability assessment and risk reduction capabilities. We have got a food security program that is looking all the way from the raw ingredients through the producers, processing, distribution, and all the way to the retail and strengthening the chain, every link in that chain, in terms of what are the vulnerabilities. We do not know like we need to know what these vulnerabilities are. We do have a food safety culture, an excellent food safety culture in this country. We have got to develop a food security culture and this is a program that we are pioneering with AFDO, NASDA, and ASTHO in North Carolina. Continuity of operation programs are critical on the national level, but also right down to the processor and the food level. And then lastly, statutory terrorism training and exercising, much like what is done in the areas for radiological events. It is required. It needs to be required, and that would actually encourage the integration of these different agencies to work together. We need Federal guidance. We need Federal leadership and Federal resources. We have got to be able to do that on a central basis and on a decentralized basis. The integration and coordination is essential. There is funding that has been put forward in our State and all the other States that I have seen for law enforcement and for public health, for hospitals, targeted funding. Agriculture, as you can see from these simulations, is part of the critical infrastructure of our country and similar funding directed, targeted at the protection of our food security coming down through Homeland Security, ODP, through specific agencies with deliverables associated with that will ensure the consumers of our country and the confidence that they have had up until now will continue forward as we face the kinds of threats we will be facing in the future. Thank you very much for the opportunity to be with you today. Chairman Collins. Thank you very much, Doctor, for an excellent presentation. When you were showing how quickly disease would spread, I was reminded of the ``Dark Winter'' exercise that tested what the spread and reaction would be to a deliberate contamination with smallpox. These simulations are very similar with the rapidity with which the disease spreads and the public reaction. So thank you for sharing your simulations. Dr. McGinn. It does also point out that within so many States, that it is a homeland security issue. It is not a State by State issue. Chairman Collins. That is a good point, as well. Dr. Chalk, thank you for being with us and please proceed with your testimony. TESTIMONY OF PETER CHALK, POLICY ANALYST,\1\ RAND CORPORATION Dr. Chalk. Thank you, Madam Chairman, for the opportunity to testify on this important subject. --------------------------------------------------------------------------- \1\ The prepared statement of Dr. Chalk appears in the Appendix on page 73. --------------------------------------------------------------------------- Over the past decade, the United States has devoted considerable resources to upgrading homeland security in the context of improving our response contingencies against attacks against critical infrastructure in the country. While many gaps remain, this emphasis on preparedness and response has led to the development of at least nascent command structures that now have begun to span the ambit of potential terrorist attacks from conventional bombings right through to more exotic chemical, biological, nuclear, and radiological incidents. Agriculture, however, is one area that has received relatively little attention in this regard, particularly with respect to accurate threat assessments and consequence management procedures. Indeed, the sect was only included as a specific component of U.S. National Counterterrorist Strategy following al Qaeda's attacks on September 11. The purpose of my testimony today is to expand the debate on homeland security by looking at some of the vulnerabilities that are inherent in agriculture and the capabilities that would be required to exploit those vulnerabilities. A few words about the importance of agriculture. It is absolutely essential to the economic well-being of the United States. Although farming directly employs less than 3 percent of Americans, one in eight Americans actually are employed in an industry that is either directly or indirectly supported by food production. Cattle and dairy farmers alone earn between $50 and $54 billion a year through meat and dairy sales, while roughly $50 billion a year is raised through agricultural exports. At the time of the 2001 attacks, agriculture constituted 9.7 percent of the gross domestic product of the United States, generating cash receipts in excess of $991 billion. Unfortunately, given this economic importance, agriculture, the inherent nature of agriculture does remain vulnerable to disruption and sabotage, both naturally occurring and deliberate. A number of factors account for this. Agriculture is both a large and intensive industry in the United States. Most dairies in the country can be expected to house at least 1,500 lactating cows at any one time, with the larger facilities housing upwards of 10,000 animals. And as we have heard, unlike human beings, these herds tend to be in very concentrated populations and are reared and bred in close proximity to one another. An outbreak of a contagious disease at any one of these facilities, particularly if it was airborne in character, would be very difficult to contain and could quite easily necessitate the wholesale eradication of all exposed animals, which is both technically and financially demanding. U.S. livestock has also reportedly become increasingly disease-prone as a result of husbandry changes that have been designed to elevate the volume, quality, and quantity of meat production or to meet the specific requirements of individual vendors. Biotechnic modifications have reportedly increased the stress levels of exposed animals, which has, in turn, lowered their natural tolerance to disease while at the same time increased the volume of bacteria that they could be expected to shed in the event of an infection. There is also insufficient farm and biosecurity surveillance. Farmers in the United States have tended not to think about a deliberate attack against their facilities, much less actively planned to prevent one. Farms have, as a result, evolved as relatively open affairs, seldom incorporating concerted means to prevent unauthorized access or intrusion. Food processing facilities also lack uniform biosecurity measures, particularly those that have proliferated at the medium to lower end of the production spectrum. Thousands of these facilities exist across the country, exhibiting uneven standards of internal quality control, questionable biosurveillance, and transient, largely unscreened workforces. Entry-exit controls are not always adequate and may not actually be practiced at all, and even basic measures, such as the padlocking of warehouses, may not be practiced. There is also an inefficient passive disease reporting system in the United States. Responsibility for the early identification of a disease necessarily rests with the agricultural producers, but this is being hampered by the lack of clear communication channels between producers and regulators and reportedly also by an unwillingness on the part of farmers to quickly report disease outbreaks for fear that this could lead to uncompensated destruction of their livestock. Finally, there is inappropriate training of veterinarians to recognize and treat foreign animal diseases. In part, this reflects the lower number of people actually entering into veterinarian science and also the preference choices of those that do, many of whom now tend to focus on domesticated animals because that is where the money is. Fewer and fewer people are actually focusing on large-scale husbandry. Now, although vulnerability does not equate to risk and there are few reported actual incidents of terrorists employing biological agents against agriculture, a realistic potential for such a contingency certainly exists. Indeed, what makes the vulnerabilities in agriculture so worrying is that the capabilities that are required to exploit those vulnerabilities are not significant and certainly far less significant than those that would be required to carry out a mass attack against humans using biological agents. At least four factors account for this. First, there are a large number of potential pathogens from which to choose, with at least 15 Class A agents being identified as having the ability to severely disrupt or affect animal populations. Most of these diseases are environmentally hardy and many are not routinely vaccinated against in the United States. Second, many foreign animal diseases cannot be transmitted to human beings. This means there is no requirement on the part of the perpetrator to have an advanced understanding of animal disease science nor is there any need for elaborate containment procedures or personal protective equipment in the preparation of the agent. Third, if the objective is human death, the farm-to-table food continuum offers a low-tech yet highly conducive mechanism for the transport and dissemination of bacteria and toxins, such as salmonella, E. coli, and botulism. Developments in the farm-to-table food continuum have greatly increased the potential number of entry points for these contaminants, which has greatly augmented the technical ease of actually carrying out an orchestrated foodborne attack. Finally, animal diseases can be quickly spread to affect large herds over wide geographic areas. That reflects both the intensive nature of farming in the United States as well as the increased disease susceptibility of animals. There is, in other words, no obstacle of weaponization. I would like to stress that, because weaponization is often cited as the most important barrier that needs to be overcome in terms of actually weaponizing biological agents and one of the major factors that has so far prevented sub-state use and escalation to that level. The ramifications of a concerted attack against the food chain would be far-reaching and they could quite easily extend beyond the immediate agricultural sector to affect other segments of society. We would have mass economic disruption, generating costs that would be expected to cross at least three levels. You would have direct costs associated with containment and eradication procedures. You would have indirect costs associated with losses that accrue to industries that are either directly or indirectly supported by agriculture, as well as compensation paid to farmers. Finally, there would be international costs in the form of protective embargoes imposed by major trading partners that were seeking to protect the viability of their own agricultural sectors. You would also get loss of political support and confidence in government. A successful bio attack against livestock would undoubtedly encourage people to lose safety in the confidence of the food supply and they could possibly lead them to question the effectiveness of existing bio preparedness measures in general. The actual mechanics of dealing with a bio attack against agriculture could also be a trigger for mass public criticism, particularly in the event of a mass euthanization of exposed animals. The United Kingdom foot and mouth disease outbreak provides a glaring example of just how far these effects can go. There, there were firebreaker operations that involved the eradication of non-disease-showing but susceptible animals in so-called firebreaker operations. That generated opposition not only amongst affected farmers, but animal rights advocates and eventually the public in general. Finally, you could quite easily get social effects, particularly if a zoonotic disease became entrenched in the United States and was passed from animals to humans and human deaths actually occurred. Terrorists could use this to their advantage to create an atmosphere of fear and collapse without actually having to carry out concerted direct attacks against humans and accept all that entails in terms of attracting mass government reprisals and potentially a loss of support. Despite the ease by which agricultural terrorism can be carried out and the potential ramifications of such a scenario, I don't think that it is likely to constitute a primary form of terrorist aggression. This is because acts, while significant, are delayed. They lack a single point of reference for the media to latch onto and to emphasize. They are probably going to be viewed as too dry in comparison to more conventional attacks, such as a bombing campaign. However, I think that attacks against agriculture could certainly emerge as a favored secondary form of terrorist aggression that is designed to further entrench and augment the general social disruption and upheaval generated by a more conventional terrorist bombing. The mere ability to employ cheap and unsophisticated means to target a State's economic base while at the same time possibly overwhelm its public management infrastructure gives agroterrorism considerable utility in terms of cost-benefit payoffs that would be of particular interest to any sub-state group that is faced with overcoming significant power of symmetry, such as al Qaeda. And I will finish off by saying that one must remember that bin Laden has specifically exhorted the use of biological agents against the United States in whatever manner possible and part of his strategy now is very definitely focusing on destroying the economic underbelly of the United States as he sees that as the principal anchor that is sustaining what he views as the demonic Western-dominated system across the globe. Thank you very much. Chairman Collins. Thank you. Dr. O'Keefe. TESTIMONY OF COLLEEN O'KEEFE, D.M.V, M.S.,\1\ ILLINOIS DEPARTMENT OF AGRICULTURE Dr. O'Keefe. Thank you, Madam Chairman and distinguished Members, for inviting me. My point will be at a State level where we are with the region. --------------------------------------------------------------------------- \1\ The prepared statement of Dr. O'Keefe appears in the Appendix on page 83. --------------------------------------------------------------------------- Illinois has $7.5 billion in farm income, and $1.4 billion of that is livestock cash receipts. So we see agroterrorism as a very valid problem. With the ease of travel and the presence of biological agents worldwide--we have O'Hare as an international stop point--foreign animal disease in Illinois would be a major problem because it would stop the movement of interstate, intrastate animals, and then as our previous people have said, would cause great economic problem. And then there is the problem with consumer confidence. What meat products would be available would become prohibitively expensive and then the consumer confidence as to whether they would even choose to eat it. Presently in Illinois, we have an Emergency Animal Disease and Animals in Disaster Annex with our Illinois State Emergency Management and this allows the Department of Agriculture access to our other State agencies. We have a plan with the Illinois Department of Nuclear Safety for animals and plants in the case of a nuclear disaster. Our most current initiatives have occurred this spring when we are trying to get down to the first responder level, which is the people who will be the ones that will initially notify us of these outbreaks. We started with general meetings, trying to notify veterinarians of their roles as first responders. In October, we had our first informational meeting for veterinarians to bring them up to date on foreign animal diseases and to find out what their willingness will be to help us as a first responder. We will also be carrying this down to the producer level in the future. The training of the producers as first responders is something that we feel is very important. We are hoping to start getting emergency animal disease and animal in disaster plans next to the county emergency response plans and we hope to have regional and county veterinary response teams available. So we have a fairly general overall State process, but that doesn't get us to the point where we need, which is down to the producer and veterinary level. In putting together our State plan, we started this actually in 1998. In 2002, it was recognized that this is not a State issue, this is a regional issue, and then a Central States Animal Emergency Coordinating Council was formed through the effort of Illinois. The Departments of Agriculture and Emergency Management in Illinois, Indiana, Iowa, Kentucky, Missouri, North Carolina, Wisconsin, and the USDA came together to look at the issues at a regional level and in that report, there were several findings that came out that I think are important to bring out. The overall goal of the regional plan was to enhance communication. Initially, it wasn't even known how one State would notify another State of a possible foreign animal disease. It is down to that basic level. So these are issues that we needed to look at. We need to work together towards a common system of tracking and monitoring animal movements. Illinois alone imports and exports 360,000 head of swine, cattle, sheep, and goats per month--that is Illinois--and the rest of these States, you can probably multiply that by each State, and some States, probably Iowa, even more. The States with appropriate mapping technology and data collection are the exception rather than the rule. We need to have the USDA implement an electronic system to track livestock movements. The post-outbreak livestock movement protocol is critical. We have talked about the stoppage of infected animals to prevent the further infection, but at some point, we have to be able to facilitate the normal marketing of animals also, animals that are healthy and unexposed, to try to minimize the economic damage that will occur. We need to know what the government's indemnity plan would be before the emergency arises, and there is a disposal issue of animals that have been infected. This has to be done ahead of time because the numbers involved are huge. There are multiple agencies involved. No one Department of Agriculture can possibly cope with an infection. So we have private organizations and associations and all the agencies involved, and so training and testing is critical that we continue that. Those were the resolutions that were made. Earlier this year, a multi-State partnership in resource sharing has been organized to continue with this criteria. The partner States at this point are Illinois, Iowa, Kansas, Kentucky, Minnesota, Missouri, Nebraska, Oklahoma, South Dakota, and Wisconsin. This partnership has the goal to determine where the State needs lie and what States can and should be doing together to strengthen our agricultural security and programs, and what they have done at this point is we have three work groups that are rapidly working. We have a State-to-Federal work group which is trying to strengthen our State and Federal bonds. We have a State-to-State work group that addresses the issue of interstate threat communication, joint planning and exercise, and livestock movement, quarantine, and crop security. The cooperative resource sharing group is trying to address services and resources that can be shared across State borders. We presently have an Emergency Management Assistance Compact, and what this does is allows for licensees from one State to work in another State in an emergency situation. So that is important, that we learn to use that to share veterinary emergency response teams and State animal health employees. We need to share our laboratory resources. We need to learn to share planning and educational materials. The State needs--while Illinois is doing really well, we have several critical shortages, our staffing, for one. Our State, and our State is not alone in this, is doing our emergency management with three people who are working half- time on this. Our State laboratories, both the animal disease laboratory and our agricultural product laboratory, are always needing equipment. I am sure you hear that all the time. But it is important that we have the most current equipment so we can have the most rapid diagnosis of disease possible because that is what makes the differences in slowing down the economic devastation. And we need to have equipment that will keep our staffs safe. The other thing is the State labs are not at this time allowed to test for foreign animal diseases and if we had an outbreak, the only place it is allowed to test is Plum Island, and that system would rapidly become overwhelmed and what would happen is that it would cause a delay in diagnosis and containment and that is a critical need that we have. We need help with the technology of just simply mapping where our livestock are, where the slaughter facilities are, warehouses are, this type of thing. We need to be able to look at the land to determine where we can set up disposal capabilities. And the other thing we need is we need to be able to continue training and exercising all of these groups that are managing together. We need to have a very good rapport with the Federal Government. We can't do this without Federal help, both on a basis of, in Illinois, we can quarantine animals but we cannot cause their euthanasia or the disposal of them without a very lengthy process, not counting the fact that we simply do not have the money. And so we need the Federal Government to step in and declare emergency so that we have the capabilities of getting animals disposed of to stop this disease. So working with the Federal Government is critical to any foreign animal disease and I truly hope that I never have to use any of what I have in plan implemented here. Thank you. Chairman Collins. Thank you, Dr. O'Keefe. Dr. McGinn, I want to pick up on a point that Dr. O'Keefe made about the tracking of livestock. From your presentation, it is evident that the speed with which a localized outbreak of foot and mouth disease could accelerate into a national catastrophe is truly alarming. It also is evident that it would be relatively easy for an agroterrorist to create such an outbreak and then just let it naturally spread on its own. It is my understanding that the phenomenon is driven in large part by the widespread industry practice of moving animals throughout the country to save on the costs throughout the production phase. I am told that in the beef industry, for example, that 80 percent of the animals pass through 2 percent of our feedlots. I was astounded to learn that. Are these movements sufficiently tracked so that livestock coming from farms that are infected could be identified and isolated? Explain a little bit more to us what the process would be if you discover an outbreak. You pointed out that it would take several days before it became evident. How difficult would it be to trace back to the farm where there may have been an intentional contamination? Dr. McGinn. The consumers want us to be able to do that instantaneously, and in order for them to have confidence in our ability to actually contain these contagious agents that move so rapidly across our country, we are going to have to improve our system. You heard Dr. O'Keefe from Illinois say that they move 300- plus thousand animals per month. We move, just out of our State, close to 200,000 head every week and millions of poultry every week, as well. Millions of poultry and close to 200,000 livestock animals move out of our State each week. It is an incredible network, not only of live animals but also of products within the food chain, not unlike the Internet. To protect this network is going to require not just protection around certain facilities, but the entire network itself. That is why the critical infrastructure of transportation is also important, as well as agriculture. In order to be able to actually protect this network, we have to know where it is, and if we are spending in some of the exercises that I have participated in weeks trying to find the farms that could have actually been exposed to a disease, the disease is continuing to move on. You never--it is like a fire that is out of control. We never actually get ahead of the fire because we don't know where the fire is and we are always behind the curve trying to contain the spread of this virus. These viruses don't sleep at night. They move in our transportation networks. Consequently, we have got to have a national multi-hazard geographic information system. We have got to do this not just for livestock, but also every aspect of the food chain, and not just on the animal side--for plants, pesticides, fertilizers, all the areas of agriculture. We have got to look at every area and have all the different hazards which could possibly be affected identified. This takes some additional work at this point in time. We have the safest food system in the world. Terrorists are causing us to make it even safer and the development of this national capability to actually track these movements is a critical component of what we need. Chairman Collins. We talked mostly about attacks on livestock, but intelligence reports tell us that terrorist groups are also targeting the various parts of the food chain as potential means of spreading disease and toxins. I would like each of you to comment on the vulnerabilities of our food chain aside from the livestock issue which we have talked about, and we will start with you, Dr. McGinn. Dr. McGinn. As I was mentioning, fertilizers are used as bombs. Pesticides, as well, we have heard about their use as a terrorist activity. The plant pathogens, as well, and the destruction that can be done from plant pathogens is enormous. We have got to look at each aspect of the food chain from the raw ingredients through the production and processing and distribution up to the retail level and carefully look at the vulnerabilities and then put in place some vulnerability reduction strategies that look at it as a network or as a chain instead of just as an individual commodity along that chain. Chairman Collins. Dr. Chalk. Dr. Chalk. Yes. I agree that one has to look at the entire food production process in assessing vulnerabilities. With respect to crops, there are definite vulnerabilities vis-a-vis a seed growing stock for the subsequent growing season. With respect to food processing facilities, I think most of my attention focuses on the smallest scale production plants that exist across the country because it is at this point that biosecurity and surveillance tends to be least uniform, and in many of these facilities, there is not an adequate system of tracking the dissemination of products that actually go from the plant itself through the distribution chain to supermarkets and so forth, so that would be very difficult to actually trace back a contaminated product once it becomes apparent, which is a problem. The one saving grace is that these smaller facilities actually have a smaller cachement area. The larger food processing facilities, if one could actually orchestrate an attack within those companies, that would be the one that would actually have major run-on effects in terms of public health. But fortunately, food buyer security surveillance at those facilities is of a far higher standard. Chairman Collins. Dr. O'Keefe. Dr. O'Keefe. When I was preparing for this speech, my expertise is in animals and so I polled other members of my Department of Agriculture on the issues of feed, seeds, and fertilizer security. Our response is we have done a risk assessment, but that is about it, and the reason being is that we feel that the animal terrorism is the main thrust of what would be economically important, and so we have chosen to put our limited resources and people into that area. However, we recognize that this is not the only one and that is our next issue to look at, is attempting to come up with some rational plan to help with this. Chairman Collins. Thank you. Senator Akaka. Senator Akaka. Thank you very much, Madam Chairman. Dr. McGinn, you stated in your written testimony that the United States, and this surprised me, lacks the capability to produce vaccines to combat foreign animal diseases, such as foot and mouth disease, and would have to rely upon Great Britain in this case for our vaccine supply in the event of an outbreak. I wonder, does it make sense to rely on another country for this vaccine? Could you describe the resources that would be required to develop it in the United States? Dr. McGinn. Senator Collins mentioned earlier Dark Winter and that scenario that really helped us see the need to get smallpox vaccine back as a way of protecting our country. If you look at these types of scenarios that we are sharing today, obviously, we have got to expand our ability to have the kinds of vaccines that we need to protect our food producing capabilities. Foot and mouth disease is a very complex vaccine that in order to be able to make it in such a way that we would have it on the shelf and ready to cover all different types of infection is a challenging thing to do. So what really needs to happen is looking at the different potential biological weapons that could be used against livestock and then determining what those costs would be for the development of those vaccines and then going ahead and targeting some dollars to accomplish the ability for us to be able to contain an outbreak quickly with the use of vaccines that could be available. Senator Akaka. Dr. Chalk, I know you work in California, as well, as here in Virginia. In your testimony, you cited the outbreak of exotic Newcastle disease in California chickens in 2002. Can you walk us through the successes and failures in the Federal, State, and local agencies and their response to this outbreak? Dr. Chalk. Well, with respect to the poultry industry, I would argue that contingency measures are higher simply because there have been more referenced disease outbreaks at these facilities. There tends to be a higher awareness of the need for biosecurity and consideration of biosurveillance in terms of people coming on and leaving the premises, all of which tends to result in more effective recognition and rapid treatment, which tends to mean that although a large number of animals and flocks would be destroyed, that the disease itself doesn't spread. The problem is that you can't extrapolate that experience to the general agricultural industry at large because the referent examples aren't there. The referent experience isn't there. And I would say that if one was to equate the relative success of containment and eradication procedures vis-a-vis poultry compared to, say, swine herds or beef stocks, that the former would be far higher. But that is simply because it is of a smaller scale. You are not dealing with large-scale animals. And also, the visual impacts are not going to attract the same sort of media attention in terms of euthanization and eradication. But certainly, the problem with the poultry industry is that diseases that affect birds do spread very quickly and these populations are incredibly concentrated in nature. So it is highly vulnerable in that extent, but at the same time, that vulnerability has bred more concerted security preparedness measures. And certainly our experience in California when we have looked at the biosecurity measures at poultry farms is of a far higher standard. So to that extent, it is a positive, if you would like. Senator Akaka. Yes. As you can tell, I am interested in the communication and response in these efforts. Dr. O'Keefe, in your testimony, you make a series of recommendations for ways in which Federal agencies can aid State and local governments to prevent and respond to an outbreak of foreign animal diseases. I think you implied that the communication is not that great. Can you comment on your experience working with Federal agencies? For example, do you feel that there is adequate communication between the Illinois Department of Agriculture and the Federal agencies and that they are responsive to State and local needs? Dr. O'Keefe. The lack of communication, I think, is more on a State-to-State basis, just learning who we have to talk to in each State, because various States have different structures. So that is it. As far as working with the Federal level, the Federal veterinarians that we deal with in the State of Illinois have been exceptional as far as working with us, training with us, helping us set up our plans. So in that respect, it has gone well. Beyond that, I really couldn't comment. But as far as working with the Federal veterinarians, of course, the major problem is the shortage of the numbers involved and that is a problem. But we do get along fairly well, at least in Illinois, with our Federal veterinarians. The communication problem is more State-to-State in trying to get the right language together and who to talk to and how to organize, because obviously these emergencies aren't going to recognize State boundaries. Senator Akaka. Thank you for your responses, Madam Chairman. Chairman Collins. Thank you. Senator Lautenberg. Senator Lautenberg. Thank you, Madam Chairman. Is there not a network, a database that veterinarians, Dr. O'Keefe, can access for epidemic-type conditions? Dr. O'Keefe. If I understand you, if we see an outbreak, is that what you are saying? Senator Lautenberg. Of a highly contagious disease. Dr. O'Keefe. Actually, there is a protocol of notifying the State veterinarian here in Illinois and then the State veterinarian notifies the Federal veterinarian in charge. Senator Lautenberg. So all veterinarians, because they are licensed professionals, know how to---- Dr. O'Keefe. Well, actually, that was one of the issues-- when we did the first responder meeting--that we had to bring up, is that we are not taught, we haven't been taught how to-- what do you do when you see a possible disease situation? Who do you call? It never has been an issue prior to this so it is not well---- Senator Lautenberg. Yes. Dr. O'Keefe. In fact, we have made up magnets that we are just spreading everywhere, to producers and to veterinarians, that exactly give the protocols of who to call. Senator Lautenberg. Without oversimplifying, I mean, this is something certainly that looks like the first level thing to do---- Dr. O'Keefe. Right. Well, that is what I said. Senator Lautenberg [continuing]. If you detect foot and mouth or swine cholera, that kind of thing, since you do have a professional population that is largely in touch with those places where you might see evidence of these diseases. You said, also, Dr. O'Keefe, something that I was curious about. Were you describing a complicated array of things that prevent you from euthanizing livestock? Dr. O'Keefe. Illinois statute says that we offer them an indemnity. If they choose to say--I say their cow is worth $50 and they say their cow is worth $75, then it has to go to an arbitrator before we can do anything and that is how our statute is set up for the destruction of animals. And so, obviously, we don't have time for that in an outbreak situation. Senator Lautenberg. So it becomes the first stage of an economic issue. Dr. O'Keefe. Correct. Senator Lautenberg. And also, do you not have repositories where these diseased carcasses can be disposed? Dr. O'Keefe. No. The number of animals that you are talking about, if you are talking about pigs and cattle, there is no place that can set up for that, and that is one of the areas that we are presently actively pursuing, is we need to have set up ahead of time a method of disposal. In England, I think everybody saw the burning carcasses. I mean, sadly, that is one possibility. There are other ways. But they can't go to renderers because of the possibility of infection, so we have to come up with--and burial is another possibility. However, EPA may not look on burial sites as being a possibility. Senator Lautenberg. If we can find a place. We really haven't identified a fully safe repository for spent nuclear waste---- Dr. O'Keefe. Well, and we don't want to transport these animals very far because of the infection. Senator Lautenberg. I remembered about a trip I took to the Soviet Union right after Chernobyl, months later, maybe a year, and I went into a supermarket, just as part of a review of what was taking place, and I saw signs advertising the fact that these items have been radiated as a result of the explosion there, and people bought it. They were cheaper, and they knew that it was cheaper in price. The same thing with meats. I was stunned, but when people are desperate, they do all kinds of things. I am not suggesting that we set up a system to accommodate that, not at all, but Dr. Chalk and also Dr. McGinn, if the mission was to scare us into activity, it sure scared us. Now, the response is the problem, because of the enormous cost that might be involved in preparing for these contingencies. You said something, Dr. Chalk, about that kind of attack not having the same visibility as a conventional bombing attack or something like that, but the amount of harm that it could do is far greater than anything except a nuclear bomb might do in one fell swoop. So I, frankly, sit here a little bit overwhelmed by the potential, that we know exists. I think there was a time, because Senator Collins, our Chairperson, referred to al Qaeda manuals that were found. Do you believe that these couple years later after September 11 that al Qaeda still might have that as a target in mind, an attack on a food supply? Dr. Chalk. I think there are a number of things here. Certainly, if one takes at face value the assertions of bin Laden about economic warfare, a certainly viable method of undermining the economic resource base of the United States is through agriculture. And one also has to take into account that even if a disease was contained, the possibilities of recurrences are always there, especially if something like foot and mouth getting out of the agricultural population into the wildlife population. If those sorts of scenarios happen, then you have got a very difficult problem. If we look at the U.K. experience, for instance, although the eradication of foot and mouth disease has been declared, residual outbreaks continue to take place, which is still having an economic impact on the country. The other aspect to bear in mind is that al Qaeda is very definitely interested in biowarfare. We know that from written statements. We know that from verbal statements. The problem with biowarfare against human beings is that it is one thing to want to do it. It is an entirely different thing to actually weaponize agents to kill large numbers of people to make a mass impact. You can have a psychological impact, but it is much more difficult to have a mass physical impact. With bioattacks against agriculture, the very nature of the fact that the animals themselves are the weapons, means you don't have to weaponize the agent. In addition, the mere fact that you can handle disease agents with little or no risk of latent or accidental infection, and the possibility that the general population may not understand that certain diseases are not transmissible to humans, all of these factors bear into the fact that attacks against agriculture are easy to do, will spread quickly, will definitely have an economic impact, and quite possibly have a very significant psychological impact--if one is looking at what terrorists aim to do, objective of disorienting society and undermining the support pillars that give any society strength. Agroterrorism in that sense is a viable option, particularly when you take into account its cost-benefit analysis. And one must remember that terrorists, like bodies of running water, always choose the course of least resistance. Senator Lautenberg. Madam Chairman, I will conclude, but I commend you for holding this hearing and for helping us to understand what the dimension of agro-terrorism could be. I will leave it to you to direct us how to solve this problem. Thank you. Chairman Collins. Thank you, Senator. Senator Durbin. OPENING STATEMENT OF SENATOR DURBIN Senator Durbin. Madam Chairman, thanks for this hearing. I might tell you that I think this is historic in that after September 11, I was asked to go to a briefing, a classified briefing, from our intelligence agencies about agroterrorism. I was the only one in the room. There weren't a lot of Senators clamoring to get in at that point. A lot of other things were on our minds. But it was frightening. I haven't spoken about it since publicly because of some of the concerns I have had, and I am glad that you are making this a public issue. We have to face it. You brought together a great panel here and another great panel to follow on. I want to quickly thank Dr. O'Keefe for being here from my home town. Her family and she have been friends for years and years and I thank her for joining us. Two things I would note here. We start off by saying to State and local agencies, get your act together here. Face the reality of food security. And yet, as you have noted at the outset of this hearing, we don't have our act together in Washington by a long shot. You have noted some 30 different agencies that might be involved in a possible foot and mouth disease outbreak. We have 13 different Federal agencies that are responsible for food inspection, 35 different laws, 70 different committees and subcommittees of jurisdiction. We don't have our act together. We are not taking this as seriously as we should. The next panel will represent three of those Federal agencies, not all of them, but the three major ones, but it is an indication that we haven't really taken this admonition to heart here in Washington and we should. Let me try to explore two scenarios in the brief time that I have here, and let me first go to, and this is troubling in a respect to talk about it, but I think we have to and I think they have been alluded to. Virtually every agricultural State in the Nation has a State fair. Ours does, a huge gathering of people from rural areas and livestock, the best to come to be shown. As a youngster and as a father raising kids, we used to like to walk our kids, come take a look at the cows and the sheep and the horses and everything that is there. It was just a wonderful feeling. It is a great part of growing up in Illinois. And yet when you think now in terms of our discussion, this is an experience that we have to reassess. Dr. Chalk, you talk about the weaponization of foot and mouth disease and I think what you say is that it is doable. A person could find a way to spread this disease. If that is the case, let me ask you this. What is the incubation period for foot and mouth disease? Dr. Chalk. Well, Dr. McGinn was---- Senator Durbin. Or Dr. McGinn, whoever. Dr. McGinn. Three to 5 days was the accepted length of time. That is why a terrorist could actually put it on a handkerchief, bring it into our country from any country that has foot and mouth disease in the world, just put it on a handkerchief, bring it in, and infect at multiple sites. We can't see the disease. The virus is actually spreading, but then in about 4 to 5 days---- Senator Durbin. If you exposed livestock before they are being shipped back to the farm at a State fair, you would have dispersed this disease across the State. Frankly and sadly, in an efficient way, it would move across the State. That is a reality and would have a terrible damaging economic impact. How do we cope with that? How do we deal with that? Now let me go to the next area, food processing, which concerns me a great deal. In fact, Madam Chairman, I asked the General Accounting Office to do a study this year on food processing security. We talk about safety, but what about security? And what they found when it came to the security aspects which we have discussed here are troubling. They went to the two major agencies, Food and Drug Administration and USDA, who are represented today, and they concluded, the GAO, that neither agency believes it has the authority to regulate all aspects of security. The U.S. Department of Agriculture believes the statutes cannot be interpreted to authorize the regulation of security measures that are not associated with the immediate food processing environment. As a result, USDA does not believe it has the authority to require food processors to adopt measures to ensure security outside the premises, such as installing fences, or to require that food processors conduct employee background checks. So now we have moved beyond the livestock to the processing part of it and we don't have the current authority to deal with security on the ground. Instead, we deal with something known as voluntary guidelines, and excuse me, but I don't think that is good enough. It might have been good enough dealing with the problems of the 19th Century. It is not good enough in dealing with the problems of the 21st Century. [The prepared statement of Senator Durbin follows:] OPENING PREPARED STATEMENT OF SENATOR DURBIN Good morning. Thank you, Madam Chairman for holding this hearing on a topic that potentially impacts the life of every American. I would also like to welcome one of our witnesses and a life-long resident of Illinois, Dr. Colleen O'Keefe from the Illinois Department of Agriculture. Agriculture's contribution to our Gross Domestic Product is over one trillion dollars per year--one sixth of our GDP. And although only 3 percent of Americans are directly involved with farming, one out of eight (1/8) Americans are employed in an occupation that is directly supported by food and fiber production. Additionally, agricultural exports are the largest positive contributor to the United States' trade balance. An act of agricultural terrorism or a naturally occurring agricultural catastrophe would have immediate effects on our economy and could threaten our national security. Public health and animal health could be compromised and public confidence in our institutions would be shaken. How long these effects would last depends on our readiness to respond. We have concentrated on many aspects of national security but have taken much more limited action to address agricultural and food security. There are many steps in the process that brings food from farm fields to grocers' shelves and each step may be susceptible to tampering. Possible targets could include field crops, farm animals, food in the processing and distribution chain, market-ready food, storage facilities, wholesale and retail outlets, transportation systems and research institutions. Because of consolidation within the agricultural sector and vertical integration of our food production and distribution systems, one well-placed and well-timed attack could disrupt a considerable portion of our food chain. We should develop an integrated strategy that includes specific, relevant and measurable goals for preparedness, surveillance, response and recovery. We cannot assume we are prepared for agricultural catastrophes if we have not established clear roles for Federal, State and local authorities and integrated those roles into the overall homeland security plan. We cannot presume to have effective surveillance unless we develop adequate laboratory capacity and the ability to quickly transfer samples and results. We cannot pretend to have an adequate response unless we can predict patterns of disease dispersion and address economic, social, trade, diplomatic, legal and even military options after an outbreak. Communication is basic to our preparedness, surveillance, response and recovery, from local farmers to international trade partners. We must communicate effectively among and between agencies, with our trade partners and especially with the agricultural community that is so critical to our own individual well-being and the well-being of our entire country. Madam Chairman, right now there are too many variables in our approach to intentional or naturally occurring agricultural disasters. In the last Congress, I introduced legislation to combine the 13 different Federal agencies that have jurisdiction over food safety into one Food Safety Administration. A single food agency would serve as an efficient and coherent system dedicated to securing our Nation's food supply and ultimately our public health and economic strength. I am making improvements to that legislation and plan to re-introduce it early in the next session. In closing, I would like to cite the 2002 report, ``Agricultural Bioterrorism: A Federal Strategy to Meet the Threat'' from the National Defense University. The paper concludes, ``An aggressive, well- coordinated effort to combat agricultural bioterrorism will strengthen partnerships and improve coordination among agencies and organizations with responsibilities, programs, and capabilities to address a significant national threat. Perhaps, because the threat is more focused and manageable than other potential threats against the Nation's infrastructures, an effective, well-coordinated program may provide a model for other counterterrorism efforts.'' Madam Chairman, I would suggest that now is the time to build that model program. Thank you, Madam Chairman. I look forward to hearing from today's witnesses about their agencies' food security efforts at the State and national levels. Senator Durbin. And so I would like to ask each of you, in the short time remaining here, if you could comment briefly. Do you feel that consolidating our efforts in Washington is also essential to making certain that we deal with food security in a responsible fashion so that you in State and local venues have someone you can work with who really looks at the depth and breadth of the challenge that faces us? Dr. McGinn. Dr. McGinn. Absolutely. I think if you look at the scenarios that we have shared today and the one you just mentioned about the State fairs, this was in Scientific American that that very scenario had been discussed, and the Scientific American said these sorts of scenarios are out there and having a Federal plan that coordinates all the agencies and requiring these Federal agencies to come up with that plan within a certain length of time, and then that sets a standard or a set of roles and responsibilities that they would undertake and then, in like fashion, requiring the States to follow that sort of plan to be able to address these intentional attacks is very much necessary at this point in time. To do that takes some resources. If you look at the scenario with smallpox and human health, what you saw is the CDC grants that came forward with a tremendous amount of resources to the States. They focus on different areas, training, exercising, pharmaceuticals, communications. They have all these different focus areas and very much feel like that in order to get this coordinated effort on the national level and on the State level, we have got to have the plans. We need deadlines to get those out there, but the dollars have to come to both levels to actually build the capabilities, targeted dollars, a large number of dollars, sustainable dollars that had not yet been put into this whole process. So a plan is great, but building capability in addition to that plan, both of those need to be on a time line and funded in order to address these sorts of things. Senator Durbin. Thank you. Dr. Chalk or Dr. O'Keefe? Dr. Chalk. I absolutely agree. One needs to have a plan to ensure against duplication of effort, cross-jurisdictional jealousies, turf wars that inevitably arise in terms of mandates. It is all very well to have plans, but those plans need to be directed and coordinated in a single fashion to prevent the proliferation of ad hoc initiatives that seek to address specific contingencies in an individual basis. And as we have seen in various other areas of counterterrorism, that is not a viable way of actually dealing with this threat. One also has to look at the agricultural and food industry in a holistic fashion. As you say, it definitely does need to include the food production part of the industry and those sorts of modalities need to be factored in in terms of setting predetermined standards that should be instituted across the board. So I would fundamentally support those sorts of efforts. Senator Durbin. Dr. O'Keefe. Dr. O'Keefe. I agree with everything they said. I can't speak on a Federal level. That is not my expertise. But on the State level, we run into this all the time, whether public health has an issue or is it Department of Agriculture, and we--what our mandate is and what their mandate is are sometimes not the same and we can see a problem but not be able to deal with it and have to turn it over to another agency and there is a lot of time gap sometimes in getting it done. So assuming that they are both the same is a critical need legislatively. Senator Durbin. Madam Chairman, I thank you. I thank the panel. I would just say to you, every time I bring this issue up, the lobbyists get nervous and their feet start shuffling and they are thinking, oh my God, he is going to take away my job. He is talking about combining some existing agency into a new agency and I represent the group that is comfortable with an existing agency. Don't change things. Don't rock the boat. And the same thing is true up here on Capitol Hill with Members of Congress who jealously guard their jurisdiction. They don't want to give it up. And then you get downtown, and frankly, the only people who favor consolidation of food safety and security are either people who are not in the government or people retired from the government. As soon as they arrive and they are on the government payroll, in political positions usually, oh, they have just resisted night and day. We can't afford this anymore. Agroterrorism, I think, ought to be the wake-up call here, that we can do a much better job, and thank you for alerting us. Chairman Collins. Thank you, Senator Durbin. We will do one final round of questions for this panel, limited to 4 minutes each. Dr. McGinn, one consequence that you have explored of an outbreak would be an impact potentially on military training and deployment. This consequence is something that I think most of us hadn't even thought of as a possible consequence of agroterrorism. Could you expand on your earlier comments and tell us a little bit about your concerns in that area and any suggestions you might have? Dr. McGinn. Gladly. In the scenario we shared earlier, you can see all the arrows going across all the different States, but within those States then what occurs is multiple quarantined areas that will be popping up simultaneously. You could have 500 to 1,000 farming facilities or processing facilities under quarantine at one time. This will create a restriction in movement that is very significant to the military, but also to anybody moving any sort of goods through, whether it is a research facility that has to move products, moving computers from one place to the next. Any sort of movements then become gummed up in the works, so to speak. So the military would be an example. They have got to be able to mobilize very quickly and deploy extremely quickly and so any sort of way that they would have to be dealing with these quarantined facilities would be a great challenge to them. They would also be restricted in where they could land and actually set up and stage in other countries. When other countries have had foot and animal diseases in their country, infectious organisms, we would not allow them to come and exercise in our country because of fear that those transports and those personnel might bring some of these infectious diseases into our country. So we have already set a precedence that says we don't want those sorts of diseases coming into our country, so we would then in like fashion if a terrorist used such an organism against us, then we would have a difficult time being able to deploy to other countries, as well. So this whole issue of the massive number of quarantines associated, as we saw in the U.K., you had people leave their homes with their children so they could go to school and they actually left where they lived for long periods in time so as to get outside of quarantine areas. So the challenge associated with any kind of biological event, whether it is directed at animals or directed at people, becomes this whole issue of restriction in movement and obviously it has a great impact on our ability of our military to do what it needs to do to protect us, as well. Chairman Collins. Thank you. I think that helps us understand that the consequences of an outbreak of animal disease are far-reaching when it actually would have an impact on military readiness and the ability to deploy troops. Dr. O'Keefe, one of our witnesses on the next panel will talk about the Federal Government's efforts to train State officials. For example, the Department of Agriculture's APHIS sponsored 2-week training seminars three times in 2001 for veterinarians in all 50 States. Could you give us your assessment of Federal efforts to assist State officials through education and training to increase the level of preparedness? Dr. O'Keefe. We have at this point four trained veterinarians for the foreign animal disease diagnosticians, which is critical to the point of diagnosing quickly whether or not this is a risk or not. As far as the other levels go, when seminars have been made available, we have sent staff. At this point, we always need more training, but the level we are at right now is adequate. Chairman Collins. Thank you. Dr. Chalk, just one final question for you. We know that some nations, including the former Soviet Union, experimented extensively with crop and livestock diseases as weapons. Should we be concerned about the dissemination of that research to terrorist groups and to nations that sponsor terrorism, and if so, do you have any suggestions for how we can address that potential threat? Dr. Chalk. Yes, you are quite correct. The former Soviet Union, Iraq, and South Africa, are all countries that have--and the United States, for that matter--are all countries that have included agricultural components in their weapons of mass destruction biological programs. There is certainly a potential for that research to be disseminated by rogue scientists, by individuals seeking to make a quick buck, particularly from the Soviet Union, in exactly the same fashion as the concern exists vis-a-vis scientists who have been involved in the human side of the biological programs. I guess the fundamental way of dealing with that is to provide incentives for the scientists in the countries concerned not to do that in terms of providing viable income and employment opportunities and redirecting their efforts towards the development of sustainable vaccines to deal with things like foot and mouth disease. And certainly the technological expertise in those countries exists whereby one could tap into that and actually use it as a positive resource as opposed to a potential negative threat. On the State side, the one thing I would like to stress is that when it is argued that we are always dealing in scenarios when it comes to agroterrorism, I have only come up with two documented cases of the sub-state use of biological weapons deliberately as a political strategy against livestock. The mere fact that nation states have recognized its utility as a viable offensive weapon, as a form of asymmetric warfare, should be of concern, not only in terms of understanding its potential utility, but in many cases sub- state actors will seek to replicate what the state actor is doing, and that is certainly true of the terrorism method. So it is important that we understand the dynamics of how States have seen agroterrorism and we understand the potential dissemination of those lessons, of those implications down to the sub-state level. Luckily, though, with respect to the former Soviet Union, with respect to Iraq, and certainly with respect to South Africa, there has been a voluntary curtailment of the bio weapons programs in general. So that has mitigated that threat. But the fact is, the knowledge is out there. It is still there and we need to be aware of that. Chairman Collins. Thank you. Senator Akaka. Senator Akaka. Thank you, Madam Chairman. I would like to ask for comments from our witnesses either now or for the record on my legislation, S. 427, which is the Agriculture Security Assistance Act, and also S. 430, which is the Agriculture Security Preparedness Act. These bills increase coordination in confronting threats in the agriculture industry. I crafted this to maximize the benefits for our country and would like for you to look at it and to make comments on it. That is my question, and because of time, I would like to have it for the record. Chairman Collins. Thank you, Senator. I want to thank this excellent panel for your testimony today. There is one final point that at least two of you raised that I want to highlight, and that is that an individual who is intent upon creating an attack of agroterrorism does not necessarily put himself at risk and that makes agroterrorism much more tempting, in many ways. For example, someone who is dealing with anthrax has to worry about contaminating himself. By contrast, someone who is seeking to create an outbreak of foot and mouth disease does not have to worry about ``catching'' the disease, and that seems to be the case with many of the pathogens that you have identified as potential vehicles for causing an agroterrorist attack. I think that makes the challenge that much more difficult and I want to thank you all for the work that you are doing in this area and for giving the panel a better understanding of the challenges our Nation faces. Thank you. I would now like to call our final panel forward. It consists of representatives of the Department of Homeland Security, the Food and Drug Administration, and the Department of Agriculture. These are the three agencies that are most responsible for agroterrorism preparedness and response. Dr. Penrose Albright is the Assistant Secretary for Science and Technology at the Department of Homeland Security. The Science and Technology Directorate heads the Department's agroterrorism prevention and response efforts and oversees the Plum Island Animal Disease Center, our first line of defense against foreign animal disease. Dr. Lester Crawford is the Deputy Commissioner for the Food and Drug Administration. Two entities within the FDA, the Center for Food Safety and Applied Nutrition and the Office of Regulatory Affairs play significant roles in FDA's efforts to prevent and respond to an attack upon our food supply. Dr. Charles Lambert is Deputy Under Secretary for Marketing and Regulatory Programs at the Department of Agriculture. Dr. Lambert's responsibilities include the management of the Animal and Plant Health Inspection Service, the principal Federal agency for preventing and responding to outbreaks of diseases and pests. APHIS also monitors foreign animal and plant health and maintains a surveillance system aimed at rapidly detecting and diagnosing outbreaks of exotic diseases in the United States. He is accompanied by Dr. Merle Pierson, Deputy Under Secretary for Food Safety. I want to thank you all for being here today and for your patience in waiting through the testimony of the other witnesses. Dr. Albright, it is a great pleasure to welcome you back to the Committee. We were very pleased to confirm you earlier this year and we look forward to hearing your testimony. TESTIMONY OF HON. PENROSE ALBRIGHT,\1\ ASSISTANT SECRETARY FOR SCIENCE AND TECHNOLOGY, DEPARTMENT OF HOMELAND SECURITY Mr. Albright. Thank you, Chairman Collins and Senator Akaka. I am pleased to appear before you today to report on the progress the Science and Technology Directorate of the Department of Homeland Security is making in the areas of prevention, protection, response, and recovery to acts of agroterrorism against the American people. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Albright appears in the Appendix on page 88. --------------------------------------------------------------------------- The Department's mission is to protect America from terrorist threats or strikes, including those directed at agriculture and food. The Science and Technology Directorate serves as the primary research and development arm of the Department of Homeland Security and its priority is to find technology solutions to meet pressing homeland security challenges. S&T is specifically tasked with marshaling the intellectual capital of the engineering and scientific communities to develop fresh and effective approaches to safeguard the American public. The Science and Technology Directorate collaborates with APHIS and with USDA's Agricultural Research Service, or ARS, on research at the Plum Island Animal Disease Center, which on June 1 of this year became part of the Department of Homeland Security as mandated by the Homeland Security Act. In its planning, the Science and Technology Directorate has been guided by the Homeland Security Act of 2002, current threat assessments, our understanding of existing capabilities or those that can be anticipated in the near term, and by the priorities outlined in the President's National Strategy for Homeland Security. In short, we are shaping the Directorate to serve as the Department's hub for research and development for countering the spectrum of threats against the United States and its people. The Department and the Directorate must consider and address a number of factors in its approach to protecting the agricultural infrastructure. You heard a lot of the issues from the prior witnesses. The U.S. agricultural and food system is a large nationwide system of production, processing, and distribution. The opportunities both geographically and within the system for intentional introduction of biological agents introduces considerable complexity in securing these critical components of the national infrastructure. The historical approach to keeping foreign animal diseases, such as foot and mouth disease, out of the continental United States has been to secure and protect our borders against the unintentional introduction of animals carrying such diseases. The bioterrorism event, on the other hand, would be the result of the intentional introduction of one or more biological agents at multiple locations within our borders simultaneously. Therefore, we have a need to clearly understand the scope and scale of this challenge and to develop a national strategy and the necessary tools to prevent, detect, respond, and recover from such potential events. Through their research and regulatory programs, the USDA and the Food and Drug Administration provide the foundation for national agricultural, animal, and plant health and for public health. The USDA has established programs on foreign animal diseases and their pathogens, diseases of domestic animals and their pathogens, vectors and reservoirs of animal and human disease pathogens, plant crop diseases and their pathogens, and food safety. The FDA also has a very strong research program to address food safety and security concerns. Thus, our strategy in the Science and Technology Directorate is designed to overlay protection from agricultural terrorism onto this very excellent foundation. Two of the four high-consequence biological scenarios that have been guiding the Science and Technology Directorate's planning for its research programs, in fact, address major concerns in agriculture and food, specifically, the deliberate introduction of foot and mouth disease into the United States and the results of a classified food security scenario that we also use in our planning purposes. We expect that the lessons learned from a thorough analysis of these initial two Department of Homeland Security biological scenarios will provide a valuable perspective and framework for our planning in collaboration with our USDA and FDA partners and will serve to guide the development of initial scenarios in agriculture and food safety. Let me now say a few words about one of our key concerns, which is foot and mouth disease. Foot and mouth disease virus infects cloven footed animals, such as cattle, swine, sheep, and deer, and is one of the most infectious biological agents known. It is not infectious to humans. The United States has been free from foot and mouth disease since 1929. As the isolation and manipulation of the foot and mouth disease virus requires fairly low to medium-range technology, this pathogen is a potentially high consequence if intentionally introduced to U.S. livestock. Research on the intact FMD virus is currently restricted to the Plum Island Animal Disease Center just off of Long Island. At Plum Island, the research program led by ARS and the diagnostic program conducted by APHIS are, in fact, unique. Therefore, Plum Island is recognized as a critical national asset that is essential for protecting the U.S. livestock that is vital to the Nation's economy and food supply. We are currently developing a collaborative strategy for the operations and research programs on Plum Island with our colleagues at APHIS and ARS and with the customers and stakeholders representing key industry groups. This strategic planning includes, first, a 60-day study of facilities and the security status and requirements of Plum Island; coordination of the Plum Island program with the National Biodefense Analysis and Countermeasures Center, or NBAC, that the Science and Technology Directorate has created at the Fort Detrick Biodefense Campus. NBAC is dedicated to protecting health and agriculture by advancing the scientific community's knowledge of bioterrorism events and vulnerabilities. We are also performing an end-to-end analysis of the R&D requirements for a comprehensive program on foot and mouth disease, including identification of research and technology gaps and milestones for deployment of diagnostics, vaccines, and antivirals over a 1-, 3-, and 5-year set of time frames, along with the associated needs for facilities, staffing, and funding required to support this research and development activity. This is just but a part of a joint DHS-USDA comprehensive national strategy for foreign animal disease with an emphasis on foot and mouth disease which must be reported to Congress in January as required by the fiscal year 2004 appropriations language. The joint USDA-DHS Comprehensive National Strategy for Foreign Animal Diseases in general includes the drafting of a technology development roadmap. The roadmap includes the identification of major technology requirements and gaps with major milestones during the short, mid, and long terms in the following areas. Development, and if cost effective, deployment of a prototype surveillance capability along with development of outbreak response plans; development at MBAC of a forensics capability for agroterrorism threats; development and characterization of a strain and sample archive for the various diseases at issue; development of rapid detection capabilities--you heard from prior witnesses the importance of that--and also the development of rapid and new assays; and the development of new adjutants, antivirals, immune stimulators, and novel vaccines. These activities are significant new investments to enhance the national capacity to respond to agroterrorism. Consistent with that roadmap, currently within the Science and Technology Directorate, our initiatives and activities in agricultural security include, as mentioned earlier, in the context of foot and mouth disease, we are conducting end-to-end systems studies to fully understand the scope and requirements for foreign animal disease and food security scenarios in general. This includes the development and exercising of model simulations and tabletop exercise to explore the epidemiological and economic consequences and tradeoffs that follow policy and crisis management decisions associated with these scenarios. We are developing key enabling technologies and tools, such as, again, rapid assays and diagnostics, to prevent, detect, respond, and recover from the intentional or unintentional introduction of biological agents into the national agriculture and food systems. I should say that this is part of the much larger effort that we are conducting that is also applying these technologies to human health issues, as well. They apply equally across the board. We are developing key enabling technologies and tools, such as a detection and surveillance system that is known as the Biowatch Program that is currently deployed in 31 cities across the Nation for human health purposes in agricultural scenarios. We are performing end-to-end systems studies with USDA and FDA on food security to specify, design, and guide development of detection surveillance systems at critical nodes in the food production systems. And we have awarded contracts through our recent solicitations with the Technical Support Working Group for new detection technologies for biological agents, for example, botulinum toxin. We are also conducting through the Homeland Security Advanced Research Projects Agency a broad agency announcement for more advanced capabilities in this specific arena, and we are also funding long-range research at our national labs specifically in those areas. We will also be establishing university-based Homeland Security Centers of Excellence dedicated to agriculture and food safety in fiscal year 2004. We have also heard from prior witnesses about the need for trained researchers in this area. We have within the Department of Homeland Security a scholars and fellows program that supports undergraduate and graduate students in areas of interest to homeland security. There were a number, in our first class of fellows and scholars, of people engaged in biological research and I was told prior to the hearing that specifically one of them is a veterinary doctor who intends to perform her research at Plum Island on foreign animal diseases, so we are adding to that capability. We have further collaborations with S&T. Between S&T and USDA include, as I mentioned earlier, a Plum Island interagency agreement that provides for the DHS operations and maintenance of the facility. Also, to make sure that we are fully coordinating our foreign animal disease programs in collaboration with ARS and APHIS and to include bioforensic analysis to support attribution of agroterrorism events. We are conducting joint R&D programs on FMD diagnostics and also assisting APHIS in its support for the foot and mouth disease vaccine bank and foreign animal disease training and diagnostics capabilities up at Plum Island. As I mentioned earlier and as required by our appropriations language, we are developing with USDA a national agricultural biosecurity research and development strategy to be delivered in January 2004, and, of course, under Section 302.2 of the Homeland Security Act, we are required to develop a broad national strategy for homeland security research and development activities. And, of course, we are working closely with USDA and with FDA on the development of the relevant sections of that strategy. So in conclusion, the Science and Technology Directorate is leveraging its programmatic and research strengths and establishing working relationships with the key Federal biodefense agencies to complement the technology base and research capabilities available at USDA and FDA laboratories and also land grant universities. The collaboration between S&T and USDA on the operations and research programs at Plum Island and MBAC will continue to be a major programmatic and operational focus in fiscal year 2004 and beyond. The systems studies in fiscal year 2004 in foreign animal disease and food security scenarios will further define the research requirements for our strategy and budget in fiscal year 2005 and beyond. While the Directorate has made significant early progress in the areas of protecting the Nation from acts of agroterrorism, challenges remain and we have a great deal of work before us. But we are confident that we are moving in the right direction with our current collaborative strategy with USDA, FDA, and other stakeholders and our plans to systematically fortify the vulnerabilities in agricultural infrastructure and protect it from threats and attacks. Chairman Collins, this concludes my prepared remarks and I will be happy to take any questions. Chairman Collins. Thank you. Dr. Crawford. TESTIMONY OF LESTER M. CRAWFORD, D.V.M., Ph.D.,\1\ DEPUTY COMMISSIONER, FOOD AND DRUG ADMINISTRATION Dr. Crawford. Thank you. Senator Collins and Members of the Committee, I am Les Crawford, Deputy Commissioner of the Food and Drug Administration. I am pleased to be here today with my colleagues from Agriculture and also from Homeland Security. --------------------------------------------------------------------------- \1\ The prepared statement of Dr. Crawford appears in the Appendix on page 96. --------------------------------------------------------------------------- FDA appreciates the opportunity to discuss our food counterterrorism activities. I will first briefly describe FDA's food safety and security responsibilities. Then I will discuss FDA's ten-point program for ensuring the safety and security of the Nation's food supply. The plan includes FDA's recent actions to implement the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. I am told, Senator Collins, that you named it that, but we call it the Bioterrorism Act. I would like to thank you for your leadership role in the enactment of this landmark legislation. FDA's food safety and security responsibilities. First, we are the Federal agency that regulates 80 percent of the Nation's food supply, everything we eat except for meat, poultry, and certain egg products, which are regulated by our partners at USDA. Our responsibility extends to live food animals and animal feed. Food safety and food security continue to be top priorities for this administration. In our food safety and security efforts, FDA has many partners, Federal and State agencies, academia, and industry. We are working closely with our Federal partners, such as USDA, Department of Homeland Security, Homeland Security Council at the White House, and the Department of State, as well as with law enforcement and intelligence gathering agencies. I also want to emphasize our close working relationships with our sister public health agency, the Centers for Disease Control and Prevention, also the Customs and Border Protection Agency within the Department of Homeland Security, and with the Food Safety and Inspection Service and the Animal and Plant Health Inspection Service in USDA. On July 23, Commissioner McClellan of FDA issued a report to HHS Secretary Thompson entitled, ``Ensuring the Safety and Security of the Nation's Food Supply.'' The report outlines a comprehensive ten-point program to protect the safety and security of our food supply. I will briefly describe some of the program areas. First, a stronger FDA. Thanks to bipartisan Congressional support, the fiscal year 2002 supplemental included counterterrorism funds for FDA. This enabled our agency to hire over 800 employees, 655 of whom were hired as additional field personnel. Six-hundred-and-thirty-five were hired to address food safety and security issues, primarily at the border. Imports--the volume of imported food shipments has been rising steadily in recent years. It has increased about five- fold since the passage of the World Trade Organization Treaty. With the additional field employees, we have expanded FDA's presence at ports of entry, increased surveillance of imported foods, increased domestic inspections, and enhanced our laboratory analysis capacity. Implementation of the Bioterrorism Act. Title 3 of the Bioterrorism Act provided the Secretary of Health and Human Services with new authorities to protect the Nation's food supply against the threat of intentional contamination and other food-related emergencies. These new authorities will improve our ability to act quickly in responding to a threatened or actual terrorist attack, as well as other food- related emergencies. The agency has been working hard to implement this law effectively and efficiently. On October 10 of this year, we published two interim final regulations to implement Section 305, Registration of Food Facilities, and Section 307, Prior Notice of Imported Food Shipments. We have also published proposed regulations to implement Section 303, the Administrative Detention section, and Section 306, Maintenance and Inspection of Records for Foods. The interim final rule on registration requires domestic and foreign facilities that manufacture or process, pack, or hold food for human or animal consumption in the United States to register with FDA. FDA will have, for the first time, a complete roster of foreign and domestic food facilities. In the event of a potential or actual terrorist incident or an outbreak of foodborne illness, the registration information will enable FDA to quickly identify and locate the facilities that may be affected. We expect up to 420,000 facilities to register under this requirement. The Bioterrorism Act requires facilities to register by December 12, 2003. FDA's electronic registration system became operational on October 16, giving facilities time to register by the statutory deadline. We wish to encourage facilities to go ahead and submit their registrations and not wait until the deadline. As of yesterday afternoon, over 55,000 facilities had registered. We encourage people to hurry up and do that. It is very easily done off our website. We have a section in the upper right-hand corner which enables you to do it electronically in about 15 minutes. The interim final regulation on prior notice requires the submission to FDA of prior notice of food, including animal feed, that is imported or offered for import into the United States. This advance information would allow FDA, working closely with CBP, to more effectively target inspections to ensure the safety of imported foods. I would like to mention a few of our other program activities, if I may. FDA has issued guidance on the security measures the food industry may take to minimize the risk that food will be subject to tampering or other malicious, criminal, or terrorist actions. We have conducted extensive scientific vulnerability assessments of different categories of food, determining the most serious risk of intentional contamination with different biological or chemical agents during various stages of food production and distribution. FDA has established an Office of Crisis Management to coordinate the preparedness and emergency response activities within FDA and with our Federal, State, and local counterparts. To increase laboratory surge capacity, FDA has worked in close collaboration with CDC and USDA FSIS to expand the laboratory response network by establishing the Food Emergency Response Network, or FERN, to include a substantial number of counterterrorism laboratories capable of analyzing foods for agents of concern. FDA has embarked on an ambitious research agenda throughout the agency to address potential terrorist threats. In conclusion, through the new authorities in the Bioterrorism Act and the measures outlined in the ten-point plan, we are making tremendous progress in our ability to ensure the safety and security of the Nation's food supply. I want to thank you for the opportunity to discuss FDA's food safety and security activities and I would be more than pleased to respond to any questions or comments. Thank you very much. Chairman Collins. Thank you. Dr. Lambert. TESTIMONY OF CHARLES LAMBERT, \1\ DEPUTY UNDER SECRETARY FOR MARKETING AND REGULATORY PROGRAMS, U.S. DEPARTMENT OF AGRICULTURE, ACCOMPANIED BY MERLE PIERSON, DEPUTY UNDER SECRETARY FOR FOOD SAFETY, U.S. DEPARTMENT OF AGRICULTURE Dr. Lambert. Thank you, Madam Chairman and Mr. Akaka. Thank you for the opportunity to speak with you on behalf of USDA about agroterrorism and our efforts to prevent and respond to a possible attack. --------------------------------------------------------------------------- \1\ The prepared statement of Dr. Lambert appears in the Appendix on page 117. --------------------------------------------------------------------------- Many agencies within USDA have been working to address this issue. Today, my comments will focus only on the work at the Animal and Plant Health Inspection Service (APHIS) and at the Food Safety Inspection Service (FSIS). APHIS is under the jurisdiction of Marketing and Regulatory Programs, and Dr. Merle Pierson will be available to answer additional questions and explore topics that I introduce in the food safety area. APHIS's mission is to protect the health and value of American agriculture and natural resources. To accomplish this mission, APHIS has a safeguarding system in place to prevent introductions of foreign agricultural pests and diseases. APHIS also has operational response mechanisms to contain and eradicate a pest or disease should an introduction occur. Since September 11, 2001, APHIS has heightened its already vigilant efforts to prevent foreign agricultural pests and diseases from entering the United States, either intentionally or unintentionally. APHIS has undertaken numerous measures to bolster its infrastructure. More than ever, APHIS is confident in its ability to detect and respond to the accidental or intentional introduction of animal and plant pests and diseases to ensure that America's food supply is protected and remains prosperous. Events over the past 2 years have led APHIS to increase its networks of partners and better share information with cooperators. In any emergency or situation, the better prepared both with information and with training everyone is the more effective the response will be. USDA realizes that there can never be enough people involved in safeguarding activities. We are actively working with stakeholder organizations, including the National Association of State Departments of Agriculture, U.S. Animal Health Association, the North American Plant Protection Organization, university systems, and county extension agents and others to maximize collective efforts to safeguard against potential introduction of foreign plant and animal pathogens. APHIS has held foreign animal disease awareness training seminars for State and Federal veterinarians from all 50 States to enhance preparedness for introduction of foreign animal diseases, to improve communications, and strengthen cooperative partnerships. APHIS also conducts yearly emergency preparedness satellite seminars to share vital information with veterinarian practitioners on how to identify and respond to an animal health emergency. More than 1,700 Federal and State veterinary officials and emergency planners, military representatives, and veterinarian college students and professors have participated. Working with our Federal counterparts is essential. In the event of an agroterror attack, the Department of Homeland Security and APHIS will work as partners to safeguard America's food and agricultural resources. DHS will lead the team of first responders to contain and manage the threat, while APHIS provides crucial scientific and diagnostic expertise. This expertise will be critical in managing a potential disease outbreak as well as assisting efforts to find those responsible for a terrorist attack. In preparation, APHIS has established a liaison at DHS responsible for ensuring that agroterrorist response information is included in first responder training. APHIS has also entered into interagency agreements with other government agencies so that we can benefit from open source intelligence gathering on potential threats to U.S. agriculture and participate in the evaluation of newly developed rapid diagnostic equipment. Pest and disease detection is a critical component of our safeguarding system. Of the 2002 homeland security supplemental funding, $20.6 million went to facility and equipment upgrades at a network of animal and plant laboratories around the country. This investment has enhanced our diagnostic and response capability. APHIS's safeguarding, intradiction, and trade compliance team is working in partnership with DHS and State and local law enforcement agencies to mitigate the risk of smuggled commodities. In addition, APHIS monitors pests and diseases overseas and has implemented the Offshore Pest Information System to monitor and document changes in distribution and outbreak status of specific pests and diseases in their countries of origin. APHIS currently has 64 Foreign Service officials stationed in 26 countries on six continents. These officials work closely with their foreign counterparts to collect information and help focus our safeguarding efforts. It is important that we remain prepared for the introduction of a foreign animal or plant disease, whether introduction is intentional or unintentional. One of the most important developments in increasing the effectiveness of our emergency response is implementation of the National Interagency Incident Management System to ensure that the entire U.S. Government has a single comprehensive approach to incident management. This unified approach facilitates coordination among various agencies and jurisdictions and has been used widely in the emergency management community, including at USDA's Forest Service when they are responding to fires. APHIS has already put this model to use with great success in combatting an outbreak of poultry exotic Newcastle disease in the Southwestern United States. APHIS also has opened a state-of-the-art emergency operations center which serves as the national command and coordination center for APHIS emergency programs. The center houses 40 or more personnel and operates around the clock in emergency. The Food Safety Inspection Service is the USDA agency responsible for ensuring that the Nation's meat, poultry, and egg products are safe, secure, wholesome, and accurately labeled. Each day, FSIS has more than 7,600 inspectors and veterinarians in more than 6,000 Federal meat, poultry, and egg product plants and at ports of entry to prevent, detect, and respond to food-related emergencies. FSIS has undertaken a number of initiatives to protect meat, poultry, and egg products from the potential of a terrorist attack. The newly created Office of Food Security and Emergency Preparedness serves as the centralized office within FSIS for food security issues. OFSEP interacts closely with USDA's Homeland Security Council and represents the agency on all food security matters throughout the Federal Government, as well as in State and local activities. FSIS collaborates and coordinates closely with its State partners, including the Association of Food and Drug Officials, the Association of State and Territorial Health Officials, and the National Association of State Departments of Agriculture to ensure an effective prevention and response program. Both APHIS and FSIS receive threat information and written reports from the intelligence community to update the Department on terrorist attacks relative to food and agriculture. This intelligence allows APHIS and FSIS to prioritize responses based upon both perceived vulnerability and what is known of the terrorist threat. The White House Homeland Security Council has recognized the need for a coordinated approach to food security matters and has assembled an interagency food working group to consider policy issues related to protecting the food supply and minimizing it as a target for terrorist activity. The working group has representatives from 12 Federal agencies, including FSIS. In addition to its partnerships with the White House and Federal agencies, in April 2003, FSIS signed a memorandum of agreement with the Surgeon General and Public Health Service that allows more commissioned Corps officers to be detailed to the agency. These officers will assist in preventing foodborne illness and help FSIS respond to foodborne outbreaks when they occur, as well as assisting in the agency's homeland security efforts. In fiscal year 2003, FSIS undertook many new initiatives as well as strengthened its existing infrastructure to enhance the ability to detect any potential intentional threat to the food supply. FSIS has also strengthened its controls to protect the public from the entry of contaminated food from abroad. As part of FSIS initiatives to better develop its workforce to respond to potential terrorist attack, employee directives were issued last March to instruct in-plant and laboratory personnel on how to respond when the Homeland Security Advisory System threat level moves to orange or red. In March 2003, as Operation Iraqi Freedom began, the Federal Government initiated Operation Liberty Shield to increase security and readiness in the United States. During this time, FSIS implemented activities to focus efforts at preventing food and agroterrorism. FSIS, as well as FDA and APHIS, was selected to participate within a multi-department international trade data system in 2004. This new initiative will establish a single automated system for sharing data on inspection and certification of products entering the United States and it will provide commercial enterprises with a single source for interaction with the various agencies that regulate imports. This new system will eliminate duplication, increase security, and reduce costs to the government. In fiscal year 2003, FSIS laboratories expanded their capability to test for non-traditional microbial, chemical, and radiological threat agents and increase their surge capacity. In addition, construction is underway on a biosecurity Level 3 laboratory that will enable FSIS to conduct analyses on a larger range of potential bioterrorism agents. Construction should be completed in December. The strong working relationships that USDA has with the other Federal agencies and with State and local governments and industry, as broadly defined from the production through processing sector to the individual food companies, is vital to our efforts to safeguard U.S. agriculture. Preserving traditional relationships and building new ones, such as with DHS, will strengthen our efforts. I assure you that USDA remains committed to our biosecurity and emergency preparedness activities, to ensuring the continued good health and value of U.S. agriculture. Thank you, and I look forward to responding to your questions. Chairman Collins. Thank you, Dr. Lambert. Dr. McGinn painted a striking picture of how fast an outbreak of foot and mouth disease could spread in our country. In fact, I wish I could superimpose his map on top of the chart that I have just asked to be displayed about the number of agencies that possibly would be involved in a foot and mouth disease outbreak. Each of your agencies is obviously involved and are among the key players, but we know that more than 30 agencies potentially would be involved were there an outbreak of foot and mouth disease. That raises concerns in my mind about whether the Federal Government has an integrated, effective plan for dealing with an outbreak such as of foot and mouth disease or other foreign animal disease. It is my understanding that before the new Department of Homeland Security was created, that USDA was taking the lead in developing a Federal emergency response plan for an outbreak of foot and mouth disease or other highly contagious disease. Mr. Lambert, I would ask you first, what is the status of that plan? Dr. Lambert. First, I would like to say that the data that Dr. McGinn presented, we have seen. They have actually been the basis for simulated exercises that have been conducted. In September 2000, seven deputy secretaries from across the government, the intelligence community, and State and local governments conducted a simulation that was shown in Dr. McGinn's data, and since that time, APHIS has also conducted a simulated exercise that showed the multiple introductions of animal pathogens. Then FDA and FSIS have simulated or conducted an exercise on the intentional pathogen release in the food supply that Dr. McGinn showed. We do have--the FEMA exercise has been transferred to the Department of Homeland Security. In the event of a terrorist attack, they would become the first responders. APHIS would provide the technical expertise that we have within the Department in a coordinated effort to arrest and contain that disease. Chairman Collins. But are you familiar with the plan that USDA had begun to develop prior to the creation of the new Department? Did the work for that plan get transferred to DHS or is the Department of Agriculture still playing the lead role? Dr. Lambert. We are both working in that area. In the event of an outbreak, USDA would respond. We would coordinate and communicate closely with the Department of Homeland Security. If terrorist or purposeful introduction was indicated, then DHS would take the lead in the investigative efforts of that investigation with APHIS supplying the---- Chairman Collins. Has the plan, though, been completed? Are you familiar with what I am referring to? Dr. Lambert. The plan is in place, and yes, we do have a response plan---- Chairman Collins. It is completed? Dr. Lambert. Yes. Chairman Collins. OK. Dr. Albright, do you view DHS as being the lead agency in the event of an outbreak? My concern, I think, is obvious. When you have this many agencies involved, it just raises questions about whether there is going to be confusion, whether everyone understands the role played by individual agencies, whether anyone is coordinating the response as a whole, and we know from Dr. McGinn's testimony that time is absolutely of the essence and we can't afford any confusion or lost time. Mr. Albright. Yes. I think, first, one point that ought to be made is that if there was an unintentional outbreak of foot and mouth disease, if this was just a standard agricultural health and safety exercise, essentially, that chart would still be in play. There have been response plans in place for a very long time that USDA has operated that provided for a coordination of all these different agencies and the marshaling of the resources necessary to respond to an unintentional outbreak. I think what has changed, of course, what you have alluded to is that with the passage of the Homeland Security Act of 2002, that we now have a new Department that is charged with the responsibility of coordinating and responding to the deliberate introduction of these kinds of pathogens or, for that matter, to almost anything affecting our critical infrastructure. So I think it is certainly the case that with the advent of the new Department, that a lot of the prior Presidential decision directives, for example, that were associated with the various coordination activities that existed prior to the establishment of the Department need to be revisited, and they have been revisited and they are being updated to reflect first the post-September 11 environment and to also reflect the statutory responsibilities of the Secretary of Homeland Security. So yes, I think it is fair to say that the Department takes these responsibilities seriously. We are, as Dr. Lambert described, we are working very closely with USDA. They are obviously the subject matter experts in a lot of this, and working closely with, for that matter, FDA and other agencies to develop these response plans. Do I believe that we necessarily--I mean, are we in a position yet to respond to the kinds of scenarios, for example, that you saw Dr. McGinn describing? I guess I can't say that that is necessarily the case yet. Clearly, there are technological issues involved. He pointed out, for example, that a lot of the issues surrounding such an outbreak just have to do with the incubation period of this and the fact that you have multiple sites being introduced all over the country. So clearly, there are tools that need to be developed and put in place before you could mount as effective a response as you would like. Chairman Collins. The RAND report includes six specific recommendations for a more aggressive and coordinated strategy to secure the agriculture and food sector against an agroterrorist attack. Specifically, the RAND report calls for, first, a comprehensive needs analysis to determine the appropriate investment requirements for the emergency management infrastructure; second, an increase in the number of State and local personnel who can identify and treat foreign animal diseases, such as foot and mouth; third, it calls for coordinated and standardized links between the U.S. agricultural and intelligence communities; fourth, enhancing the law enforcement community's ability to determine whether disease outbreaks are deliberate or whether they are naturally occurring; fifth, improving the effectiveness of disease reporting systems; and finally, the need for an improved surveillance quality control and emergency response measures at food processing and packing plants. Dr. Crawford, I would like to start with you and get the opinion of all the witnesses of those recommendations. Dr. Crawford. I think those are sound recommendations and we have taken them very seriously. Most of these were well underway before the advent of the report. However, the report strengthened our resolve and also gave us a good means of communication not only with the public, but with the Congress to close the gaps. One thing that was particularly important that I believe we have done successfully is to establish viable links with the intelligence community. That required, as you would know, all of us that are in authority in FDA to receive the proper security clearances and also to be linked up so that we could get daily briefings on the possibility of threats, etc. That has been accomplished and is working very well. We have certainly profited from this in our planning, and also, it is useful for us to have these kinds of clearances so that we can be involved in White House working groups and other trans- departmental groups that are dealing with these problems. So that was, I think, a very positive benefit of it. And the rest of it was proceeding apace. I think they were excellent suggestions and they have served as a benchmark for this ten-point program that I mentioned, actually. Chairman Collins. Thank you. Dr. Lambert, your judgment of these recomendations. Dr. Lambert. Thank you. I would concur that these are very sound recommendations and we are moving to implement them and have moved to implement them. With respect to the intelligence, as my comments indicated, we do both at APHIS and FSIS receive these intelligence reports and they serve as the basis, along with other information from our animal health and foreign officers, information officers, to help guide and focus our efforts. Chairman Collins. And Dr. Albright. Mr. Albright. I think they are probably consistent with other reports. For example, the National Academy of Sciences has done quite a bit of work in this area and has made essentially the same kinds of recommendations. We would agree with them. In terms of needs assessment, as I mentioned in my statement, we are focusing our efforts around specific scenarios that actually allow us to identify the bottlenecks and where we actually--what the gaps are and where we need to actually focus our efforts to better respond to these kinds of outbreaks. So yes. Chairman Collins. Thank you. Senator Akaka. Senator Akaka. Thank you very much, Madam Chairman. Dr. Lambert, according to a recent GAO report, the Plum Island Animal Disease Center is taking unnecessary risks with the pathogen protection and is vulnerable to security breaches. Plum Island is the only U.S. facility capable of responding to an outbreak of foot and mouth disease. In addition, the Washington Post reported last week that the Federal Government had failed to meet the November 12 deadline that requires security reviews of U.S. laboratories and scientists under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. Reading that article makes me feel extremely troubled about this. What is USDA doing to ensure these security reviews are completed more quickly? Dr. Lambert. USDA had an outside independent agency conduct a security assessment at Plum Island in November 2001 and we worked with that independent agency to develop risk management approach to improve security on Plum Island. We have invested about $860,000 in security upgrades, even before September 11. Since that time, we have invested another $1.4 million of security countermeasures. Additional security guards were hired at Plum Island at a cost of nearly $1 million in fiscal year 2002 and nearly $1.4 million in fiscal year 2004. So measures have been taken to strengthen security at Plum Island, and I would add that recently, Plum Island did pass inspection as a select agent location. So we feel that additional measures have been taken. Senator Akaka. Dr. Lambert, concern has been expressed by Members of Congress and farmers, as well, about the implications of the merger of the three border inspection agencies into what is being called the ``one face at the border'' initiative at the Department of Homeland Security. The consolidation, some feel, means that agriculture specialists are no longer present at primary border inspections. Officers with only basic agricultural training are now responsible for detecting suspicious animal and plant products. It seems questionable whether these officers have adequate training to know what to look for, especially since they are responsible for usually immigration and customs-related inspections. What is being done to ensure that qualified staff are protecting all aspects of our borders, and are they receiving specialized training? Dr. Lambert. Yes, Senator. We have heard some of the same concerns. Essentially, the 2,600 positions that were agricultural inspectors at APHIS prior to the transfer of those positions early this year to Homeland Security, essentially, those same people are there. They have agricultural training. They have the same basis of that training. We are working to continue that. APHIS has closely coordinated with Homeland Security to assure that we have people at the border that have agricultural expertise. APHIS is closely involved in the training of those people and in the policy decisions that they enact. Another way to look at that is that now we have nearly 4,000 port inspectors that all have some agricultural exposure, as well. So we have added people from INS and Customs that can participate and watch for agricultural pathogens, in addition. So it cuts both ways. Thank you. Senator Akaka. Dr. Lambert, last month, the House Agriculture Committee approved a bill to create a disaster response team within USDA. The mission of the team would facilitate financial relief for local farmers and ranchers in the event of a crisis. Can you discuss what role USDA sees for itself in local security enhancements, such as prevention and detection of agricultural attack? Dr. Lambert. We currently at APHIS have an indemnification program for producers who have livestock that need to be euthanized due to a disease outbreak. We think that is a part of our emergency declaration authority and the ability to reimburse producers for loss. We think that is important because knowing that they will not suffer these losses, or knowing that there is a potential for indemnification, that producers will be more willing to report an outbreak and to do that in a timely manner, and that is, as has been indicated, very critical to our ability to get the disease contained and eradicated. Senator Akaka. Dr. Lambert, let me go back and ask you to clarify your response to my first question. When are the security reviews going to be completed for the other affected U.S. laboratories? Dr. Lambert. We have 75 provisional approvals and three that have been denied and we will continue to accept and review additional applications as they become available. Senator Akaka. Thank you, Madam Chairman. Chairman Collins. Thank you, Senator. As I learn more about this issue, I am struck by the number of points at which an agroterrorist attack could occur. If you look at the vulnerabilities of the system, it starts at the farm to our feedlots, even State fairs, and processing plants. There are so many different points of possible attack. Before we can develop effective measures to improve the security of our farms and food supply, we need to do, it seems to me, a better job of identifying our vulnerabilities. I would like to know to what extent have your departments undertaken vulnerability assessments for the entire agricultural and food industry sector, and we will start with you, Dr. Albright. Mr. Albright. For the entire sector, I can't argue for the entire sector. We certainly have leveraged extensive efforts that I know USDA and FDA conducted in doing vulnerability assessments. We, too, as I mentioned earlier, have been working closely through the Food Security Working Group with FDA and USDA and through various activities conducted by the White House. As we look at our defense posture in general, we have been leveraging, as I said, existing vulnerability assessments and also conducting additional ones based, as I said a moment ago, on some of the scenarios that we have been focusing our attention on in order to better inform response plans, investments, and that sort of thing. So I don't think we can say we have looked at the entire sector, but we have certainly been looking at pieces of it. Chairman Collins. Dr. Crawford. Dr. Crawford. Yes. What we have done in collaboration with the two other departments represented here and also the White House Homeland Security Council, we have looked at the products that FDA regulates and we have evaluated the probabilities of them being used as a vehicle for terrorism in the United States. We have done threat and vulnerability assessments so as to identify those that are most likely, both in terms of the efficacy or effectiveness of an attack through this particular product, if you will, and second, the damage that could be done if it was used as a vehicle. As a result of that, we have identified those that are most likely. We have identified how this would be done and what we could do to interdict or contravene this from happening in terms of how FDA does its business. We have even looked forward to how this country might recover from such an attack. We have briefed these two departments on the most likely concerns, also the White House and other departments that have concerns of food safety and also terrorism, including the intelligence community and the science infrastructure of the U.S. Government. We would be pleased, and I think this should be done, so it is not just an offer, it is a plea, that we are able to give you this particular presentation, also, and whoever of your colleagues and of your staff that could receive the information because we would be very willing to--you can understand that I can't do that here, but if we may, we would like to, once you reflect on it, would like to schedule such a debriefing. Chairman Collins. Thank you. I will take you up on that. Dr. Lambert. Dr. Lambert. Yes. USDA APHIS has also conducted vulnerability assessments in both the animal and plant side. As Dr. Crawford indicated, those are classified, but we would be willing to participate in that briefing or independently to inform you in the appropriate manner. With respect to the critical infrastructure of vulnerability assessment, we are coordinating closely with DHS to identify and define those critical infrastructures and then proceed with the assessment. Chairman Collins. Dr. Lambert, let me do a follow-up with you. I understand that FSIS, as opposed to APHIS--we have a lot of acronyms flying around here today--has completed a risk analysis of the food supply from farm to table, but that the risk assessment did not include an analysis of security measures at food processing and packing plants. I am told that the reason for that is that FSIS concluded that determined terrorists could overcome those security measures. That is not very comforting, I might add. The General Accounting Office has criticized this conclusion and I must say I tend to agree with GAO. What is the justification for conducting a risk assessment but essentially downplaying or ignoring preventative measures that food processors and packers are taking. Is USDA suggesting that processors and packers shouldn't take security measures because they won't be effective? I mean, that is a pretty chilling conclusion to draw. Dr. Lambert. Madam Chairman, with your permission, I would defer the question to my counterpart at FSIS and have him respond. Chairman Collins. Dr. Pierson. Dr. Pierson. Thank you, Madam Chairman. I might mention that the FSIS has conducted vulnerability assessments in the food system and, of course, identified high-risk commodities, threat agents, sites, etc. I join with Dr. Crawford in saying we would be very happy to brief you on this classified information that we have. Specifically to your concern area, we are, in fact, now conducting that assessment and taking those factors into consideration that you mentioned. We think that it is something that must be included in an assessment. Chairman Collins. But was there a conclusion reached by FSIS that security precautions at processing and packing plants would not be effective in deterring determined terrorists? This seemed to be GAO's criticism. Dr. Pierson. I think to make that as a broad criticism would be a little difficult to make. There certainly can be cracks in the system, and we, for example, do provide security guidelines to small and very small corporations. I might also mention that our 7,600 inspectors who are there daily at the over 6,000 plants that are in existence have special training in food security issues and they can be of assistance in terms of identifying those gaps. But definitely, we are taking further consideration of how we can enhance protections in the food processing operations. Chairman Collins. I will provide you with the GAO finding that I am referring to, but just for the record, I am going to quote directly from GAO's report. It is a letter that was included by FSIS's Administrator Gary McKee, who was responding to the criticism by GAO. FSIS said, ``FSIS made the assumption that plant security measures could be overcome by a determined terrorist and that certain commodities or processes could be more at risk than others to an attack. Security measures could lessen the risk, but the risk would still exist.'' I am concerned if we are essentially writing off one point of vulnerability because we think the challenge is to great to secure these plants. I am concerned about the message that may send. Do you have a further comment on this letter? Dr. Pierson. I could comment further that what is being identified is worst case scenarios, too, and scenarios where the ``what if'' situations, what if those security measures were overcome, what would be the results, also. Chairman Collins. But, of course, worst case scenarios are exactly what we have to plan for. Dr. Pierson. That is exactly right. Chairman Collins. Senator Akaka. Senator Akaka. Thank you very much, Madam Chairman. I have a question for Dr. Crawford. As you are aware, over the past few months, there has been an outbreak of hepatitis A in Tennessee, North Carolina, Georgia, and just last week in Pennsylvania. According to the CDC, this represents the largest foodborne outbreak of hepatitis A in United States history. The initial cases were traced back to green onions originating in Mexico and it is strongly suggested that the Pennsylvania outbreak has a similar source. Next month, as you mentioned in your testimony, the FDA is scheduled to begin enforcement of two new regulations that will require domestic and foreign food processing facilities to register with the agency. The regulations will also require the prior notification of any food products being imported to the United States. The FDA is also planning to require all companies involved in the food supply system to keep detailed records of the origin of food products that they handle. How would the hepatitis A outbreak have been prevented or handled differently had FDA's new security measures been in place? Dr. Crawford. Well, as I mentioned in my oral statement, the Bioterrorism Act, as we call it, does give us new authorities that, frankly, FDA has been seeking for many years. We now have the requirement to have food establishments not only in this country but elsewhere in the world that want to trade with the United States to register with us. We can require the registration. If they are not registered, then they may not do business with the United States either internally or externally. That, frankly, is something we have never had. In the aftermath of September 11, 2001, it was useful for the government to do an inventory of food establishments and other establishments that FDA regulated as we tried to grapple with the possibility of further terrorist attacks following the anthrax outbreak. At that time, we did not have the authority nor did we have a list of who we were having to regulate. Now, you may ask, how could this be? Well, that is democracy in action. We didn't have it. But because of the leadership of Senator Collins and you and this Committee and others, as I mentioned earlier, and Secretary Thompson, we now have that authority. So registration is something that is going to definitely happen as of December 12. The other thing we can do which speaks to this problem, as you know, we previously had difficulty with cantaloupes coming from Mexico, and then during the time I was Acting Commissioner, we found it advisable, necessary, and in order to protect the public health, we banned the shipment of cantaloupes from Mexico. We still have that authority to do that. We also have the authority to debar those companies that send contaminated food to the United States. If we go through the debarment process, they may not ever ship food again to this country. We also for the first time can detain food that comes into the United States, which is something that we are doing with respect to the green onions that you mentioned. And then finally, we require that a country or an entity wanting to ship food to the United States has to give us notice that it is coming. Before the advent of the Bioterrorism Act, it was like us standing at the border like the catcher in the rye, trying to figure out where to deploy our resources and what to do with the minimal authorities we had. Now, we have the authority to police the food supply and we are very much at FDA looking forward to December 12, when we go forward and do this, we think, better. It not only makes us better in terms of bioterrorism prevention, but in essential food safety. Senator Akaka. Thank you very much for that response. This is what we are looking for and I am glad to hear that. Thank you very much, Madam Chairman. Chairman Collins. Thank you, Senator. I want to thank this panel for their testimony and also for their efforts to make our food supply safer and to guard against an agroterrorism attack. The expertise and insight of all of our witnesses today have been extremely helpful to the Committee and shed much needed light on an aspect of homeland security that I believe has not received the attention that it deserves. We are all very proud of having the safest food supply in the world, but that doesn't mean that we are somehow immune from an attack on our food supply. We know that terrorists such as Osama bin Laden have repeatedly stated their intention to cause economic harm and massive social upheaval, not to mention deaths and illness. When you look at the low-tech nature of so much of the agriculture industry, it is a tempting target, a real invitation to those who would do us harm. So I think there is an awful lot of work that needs to be done here. I look forward to following up and appreciate the offer for the classified briefings, as well. But I would also ask each of the witnesses that we have heard from today to provide the Committee with any recommendations for further changes in laws that you may think would give you the tools that you need. I think the Bioterrorism Act was a great step forward, but I suspect as you delve further into this area with your planning that you are going to find that there are some gaps in authority. We have talked, for example, today about the lack of a system for tracking livestock easily. Those kinds of recommendations may just be handled through administrative regulations, but they also may warrant some changes in laws. So I would invite your participation in that process, as well. Finally, I want to thank Senator Akaka who has been a real leader in this area with the bills that he has introduced, as well, and I look forward to working with him. I would be remiss if I didn't also acknowledge the hard work of my staff in putting together this hearing. So thank you all for being here today. The record of this hearing will be kept open for 15 days for the submission of additional statements or questions and the hearing is now adjourned. 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