To condition funding for the National Bio and Agro-defense Facility.

SA 1459. Mr. TESTER submitted an amendment intended to be proposed to
amendment SA 1373 proposed by Mr. Reid (for Mr. Byrd (for himself, Mr.
Inouye, and Mrs. Murray)) to the bill H.R. 2892, making appropriations
for the Department of Homeland Security for the fiscal year ending
September 30, 2010, and for other purposes; as follows:

On page 77, between lines 16 and 17, insert the following:
Sec. 5__.  None of the funds made available under this Act
may be obligated for the construction of the National Bio and
Agro-defense Facility on the United States mainland until 90
days after the later of--
(1) the date on which the Secretary of Homeland Security
completes a site-specific bio-safety and bio-security
mitigation assessment to determine the requirements necessary
to ensure safe operation of the National Bio and Agro-defense
Facility at the preferred site identified in the January 16,
2009, record of decision published in Federal Register Vol.
74, Number 111;
(2) the date on which the Secretary of Homeland Security,
in coordination with the Secretary of Agriculture, submits to
the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives a
report that--
(A) describes the procedure that will be used to issue the
permit to conduct foot-and-mouth disease live virus research
under section 7524 of the Food, Conservation, and Energy Act
of 2008 (21 U.S.C. 113a note; Public Law 110-246); and
(B) includes plans to establish an emergency response plan
with city, regional, and State officials in the event of an
accidental release of foot-and-mouth disease or another
hazardous pathogen.
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