II 

111TH CONGRESS 

1ST SESSION S. 1649 

To prevent the proliferation of weapons of mass destruction, to prepare 

for attacks using weapons of mass destruction, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 8, 2009 

Mr. LIEBERMAN (for himself and Ms. COLLINS) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To prevent the proliferation of weapons of mass destruction, 

to prepare for attacks using weapons of mass destruction, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Weapons of Mass Destruction Prevention and Prepared6 ness Act of 2009’’ or the ‘‘WMD Prevention and Pre7 paredness Act of 2009’’. 

8 (b) TABLE OF CONTENTS.—The table of contents is 

9 as follows: 


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Sec. 1. Short title; and table of contents. 

TITLE I—ENHANCED BIOSECURITY 

Sec. 101. Designation of Tier I agents. 

Sec. 102. Enhanced biosecurity measures. 

Sec. 103. Laboratory and facility registration and database. 

Sec. 104. Background checks. 

Sec. 105. Biological laboratory protection. 

Sec. 106. Biosecurity information sharing. 

TITLE II—RESPONSE TO A WEAPON OF MASS DESTRUCTION 

ATTACK 

Subtitle A—Ensuring Access to Medical Countermeasures During 

Emergencies 

Sec. 201. National Medical Countermeasure Dispensing Strategy. 

Sec. 202. Tailoring of the national medical countermeasure dispensing strategy. 

Sec. 203. Expansion in the use of the U.S. Postal Service to deliver medical 

countermeasures. 

Sec. 204. Dispensing medical countermeasures through employers. 

Sec. 205. Personal medkits for emergency response providers. 

Sec. 206. General public medkit pilot program. 

Subtitle B—Bioforensics Capabilities and Strategy 

Sec. 211. Bioforensics capabilities and strategy. 

Subtitle C—Communications Planning 

Sec. 221. Communications planning. 

Sec. 222. Plume modeling. 

TITLE III—INTERNATIONAL MEASURES TO PREVENT BIOLOGICAL 

TERRORISM 

Subtitle A—Prevention and Protection Against International Biological 

Threats 

Sec. 301. International Threat Assessment: Tier I Pathogen Facilities. 

Sec. 302. Strengthening international biosecurity. 

Sec. 303. Promoting secure biotechnology advancement. 

Subtitle B—Global Pathogen Surveillance 

Sec. 321. Short title. 

Sec. 322. Findings; purpose. 

Sec. 323. Definitions. 

Sec. 324. Eligibility for assistance. 

Sec. 325. Restriction. 

Sec. 326. Fellowship program. 

Sec. 327. In-country training in laboratory techniques and disease and syndrome surveillance. 

Sec. 328. Assistance for the purchase and maintenance of public health laboratory equipment and supplies. 

Sec. 329. Assistance for improved communication of public health information. 


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Sec. 330. Assignment of public health personnel to United States missions and 

international organizations. 

Sec. 331. Expansion of certain United States Government laboratories abroad. 

Sec. 332. Assistance for international health networks and expansion of Field 

Epidemiology Training Programs. 

Sec. 333. Reports. 

Sec. 334. Authorization of appropriations. 

TITLE IV—GOVERNMENT ORGANIZATION 

Sec. 401. Intelligence on weapons of mass destruction. 

Sec. 402. Intelligence community language capabilities and cultural knowledge. 

Sec. 403. Counterterrorism technology assessments. 

TITLE V—EMERGENCY MANAGEMENT AND CITIZEN 

ENGAGEMENT 

Sec. 501. Communication of threat information and alerts. 

Sec. 502. Guidelines concerning weapons of mass destruction. 

Sec. 503. Individual and community preparedness. 

1 TITLE I—ENHANCED 

2 BIOSECURITY 

3 SEC. 101. DESIGNATION OF TIER I AGENTS. 

4 (a) AMENDMENTS TO THE PUBLIC HEALTH SERVICE

5 ACT.—Section 351A of the Public Health Service Act (42 

6 U.S.C. 262a) is amended— 

7 (1) in subsection (a)— 

8 (A) by redesignating paragraph (2) as 

9 paragraph (3); 

10 (B) by inserting after paragraph (1) the 

11 following: 

12 ‘‘(2) TIER I AGENTS.— 

13 ‘‘(A) DESIGNATION OF TIER I AGENTS.— 

14 ‘‘(i) IN GENERAL.—Not later than 

15 180 days after the date of enactment of 

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1 tion and Preparedness Act of 2009, the 

2 Secretary, in coordination with the Sec3 retary of Homeland Security, shall des4 ignate as ‘Tier I agents’ those agents and 

5 toxins— 

6 ‘‘(I) for which the Secretary of 

7 Homeland Security has issued a Ma8 terial Threat Determination under 

9 section 319F–2(c)(2) regarding the 

10 agent or toxin, unless the Secretary of 

11 Health and Human Services deter12 mines, in coordination with the Sec13 retary of Homeland Security, that 

14 such inclusion is unwarranted; or 

15 ‘‘(II) that meet the criteria under 

16 subparagraph (B). 

17 ‘‘(ii) INCLUSION IN THE SELECT

18 AGENT PROGRAM OF AGENTS AND TOXINS

19 SUBJECT TO A MATERIAL THREAT DETER20 MINATION.—Not later than 60 days after 

21 the Secretary designates as a Tier I agent 

22 an agent or toxin for which the Secretary 

23 of Homeland Security has issued a Mate24 rial Threat Determination under section 

25 319F–2(c)(2), the Secretary shall ensure 


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1 that such agent or toxin is included in the 

2 list maintained by the Secretary under the 

3 Select Agent Program under paragraph 

4 (1). 

5 ‘‘(B) CRITERIA.—In determining whether 

6 to designate an agent or toxin as a Tier I agent 

7 under subparagraph (A), the Secretary, in co8 ordination with the Secretary of Homeland Se9 curity, shall consider— 

10 ‘‘(i) whether the agent or toxin has 

11 significant potential to be used effectively 

12 in a biological attack; 

13 ‘‘(ii) whether the risk posed by the 

14 agent or toxin requires additional biosecu15 rity measures, beyond those required under 

16 subsection (b), to prevent misuse domesti17 cally or abroad; 

18 ‘‘(iii) information available from any 

19 biological or bioterrorism risk assessments 

20 conducted by the Department of Homeland 

21 Security or other relevant assessments by 

22 other departments or the intelligence com23 munity; and 


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1 ‘‘(iv) such other criteria and informa2 tion that the Secretary determines appro3 priate and relevant. 

4 ‘‘(C) INCLUSION OF AGENTS AND TOXINS

5 NOT PREVIOUSLY LISTED.—If the Secretary 

6 designates as a Tier 1 agent an agent or toxin 

7 that has not been included in the list main8 tained by the Secretary under the Select Agent 

9 Program under paragraph (1), the Secretary 

10 shall include such agent or toxin in such list not 

11 later than 60 days after the designation of the 

12 agent or toxin as a Tier I agent. 

13 ‘‘(D) EVALUATION OF TIER I AGENTS.— 

14 The Secretary, in coordination with the Sec15 retary of Homeland Security, shall— 

16 ‘‘(i) on an ongoing basis, consider the 

17 inclusion of additional agents or toxins on 

18 the list of Tier I agents, as appropriate; 

19 and 

20 ‘‘(ii) at least biennially, review the list 

21 of Tier I agents to determine whether any 

22 agents or toxins should be removed from 

23 the list.’’; and 


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1 (C) in paragraph (3), as redesignated, by 

2 striking ‘‘list under paragraph (1)’’ and insert3 ing ‘‘lists under paragraphs (1) and (2)’’; and 

4 (2) in subsection (l), by adding at the end the 

5 following: 

6 ‘‘(9) The term ‘Tier I overlap agent’ means a 

7 biological agent or toxin that— 

8 ‘‘(A) is listed pursuant to subsection 

9 (a)(2); and 

10 ‘‘(B) is listed pursuant to section 

11 212(a)(2) of the Agricultural Bioterrorism Pro12 tection Act of 2002.’’. 

13 (b) AMENDMENTS TO THE AGRICULTURAL BIOTER14 RORISM PROTECTION ACT OF 2002.—Section 212(a) of 

15 the Agricultural Bioterrorism Protection Act of 2002 (7 

16 U.S.C. 8401(a)) is amended— 

17 (1) by redesignating paragraph (2) as para18 graph (3); 

19 (2) by inserting after paragraph (1) the fol20 lowing: 

21 ‘‘(2) TIER I AGENTS.— 

22 ‘‘(A) DESIGNATION OF TIER I AGENTS.— 

23 ‘‘(i) IN GENERAL.—Not later than 

24 180 days after the date of enactment of 

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1 tion and Preparedness Act of 2009, the 

2 Secretary, in coordination with the Sec3 retary of Homeland Security, shall des4 ignate as ‘Tier I agents’ those agents and 

5 toxins— 

6 ‘‘(I) for which the Secretary of 

7 Homeland Security has issued a Ma8 terial Threat Determination under 

9 section 319F–2(c)(2) of the Public 

10 Health Service Act (42 U.S.C. 247d– 

11 6b(c)(2)) regarding the agent or 

12 toxin, unless the Secretary of Agri13 culture determines, in coordination 

14 with the Secretary of Homeland Secu15 rity, that such inclusion is unwar16 ranted; or 

17 ‘‘(II) that meet the criteria under 

18 subparagraph (B). 

19 ‘‘(ii) INCLUSION IN THE SELECT

20 AGENT PROGRAM OF AGENTS AND TOXINS

21 SUBJECT TO A MATERIAL THREAT DETER22 MINATION.—Not later than 60 days after 

23 the Secretary designates as a Tier 1 agent 

24 an agent or toxin for which the Secretary 

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1 terial Threat Determination under section 

2 319F–2(c)(2) of the Public Health Service 

3 Act (42 U.S.C. 247d–6b(c)(2)), the Sec4 retary shall ensure that such agent or 

5 toxin is included in the list maintained by 

6 the Secretary under the Select Agent Pro7 gram under paragraph (1). 

8 ‘‘(B) CRITERIA.—In determining whether 

9 to designate an agent or toxin as a Tier I agent 

10 under subparagraph (A), the Secretary, in co11 ordination with the Secretary of Homeland Se12 curity, shall consider— 

13 ‘‘(i) whether the agent or toxin has 

14 significant potential to be used effectively 

15 in a biological attack; 

16 ‘‘(ii) whether the risk posed by the 

17 agent or toxin requires additional biosecu18 rity measures, beyond those required under 

19 subsection (b), to prevent misuse domesti20 cally or abroad; 

21 ‘‘(iii) information available from any 

22 biological or bioterrorism risk assessments 

23 conducted by the Department of Homeland 

24 Security or other relevant assessments by 

25 other agencies or departments; and 


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1 ‘‘(iv) such other criteria and informa2 tion that the Secretary determines appro3 priate and relevant. 

4 ‘‘(C) INCLUSION OF AGENTS AND TOXINS

5 NOT PREVIOUSLY LISTED.—If the Secretary 

6 designates as a Tier 1 agent an agent or toxin 

7 that has not been included in the list main8 tained by the Secretary under paragraph (1), 

9 the Secretary shall include such agent or toxin 

10 in such list no later than 60 days after the des11 ignation of the agent or toxin as a Tier I agent. 

12 ‘‘(D) EVALUATION OF TIER I AGENTS.— 

13 The Secretary, in coordination with the Sec14 retary of Homeland Security, shall— 

15 ‘‘(i) on an ongoing basis, consider the 

16 inclusion of additional agents or toxins on 

17 the list of Tier I agents, as appropriate; 

18 and 

19 ‘‘(ii) at least biennially, review the list 

20 of Tier I agents to determine whether any 

21 agents or toxins should be removed from 

22 the list.’’; and 

23 (3) by striking ‘‘list under paragraph (1)’’ and 

24 inserting ‘‘lists under paragraphs (1) and (2)’’. 


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1 SEC. 102. ENHANCED BIOSECURITY MEASURES. 

2 (a) IN GENERAL.—Title III of the Homeland Secu3 rity Act (6 U.S.C. 181 et seq.) is amended by adding at 

4 the end the following: 

5 ‘‘SEC. 318. ENHANCED BIOSECURITY MEASURES. 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) AGENT OR TOXIN.—The term ‘agent or 

8 toxin’ means an agent or toxin regulated under sec9 tion 351A(a)(1) of the Public Health Service Act or 

10 section 212(a)(1) of the Agricultural Bioterrorism 

11 Protection Act of 2002. 

12 ‘‘(2) TIER I AGENT.—The term ‘Tier I agent’ 

13 means an agent or toxin so designated under section 

14 351A(a)(2) of the Public Health Service Act or sec15 tion 212(a)(2) of the Agricultural Bioterrorism Pro16 tection Act of 2002. 

17 ‘‘(b) REGULATIONS.—The Secretary, in consultation 

18 with the Secretary of Health and Human Services and the 

19 Secretary of Agriculture, shall through a negotiated rule20 making under subchapter III of chapter 5 of title 5, 

21 United States Code, establish enhanced biosecurity meas22 ures for entities registered under section 351A(d) of the 

23 Public Health Service Act (42 U.S.C. 262a(d)) to use in 

24 handling Tier I agents, which shall include— 

25 ‘‘(1) standards for personnel reliability pro26 grams; 


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1 ‘‘(2) standards for training and requirements 

2 for responsible officials, lab personnel, and support 

3 personnel employed by entities registered under sec4 tion 351A(d) of the Public Health Service Act (42 

5 U.S.C. 262a(d)); 

6 ‘‘(3) standards for performing laboratory risk 

7 assessments; 

8 ‘‘(4) risk-based laboratory security performance 

9 standards; 

10 ‘‘(5) any other standards determined necessary 

11 by the Secretary; and 

12 ‘‘(6) procedures, with appropriate restrictions 

13 on access, for sharing information, including vulner14 ability assessments, site security plans, and other se15 curity related information, as the Secretary deter16 mines appropriate, with State, local, and tribal gov17 ernment officials, including law enforcement officials 

18 and emergency response providers. 

19 ‘‘(c) NEGOTIATED RULEMAKING COMMITTEE.—The 

20 negotiated rulemaking committee established by the Sec21 retary under subsection (b) shall include representatives 

22 from— 

23 ‘‘(1) the Department, including the Office of 

24 Intelligence and Analysis, Office of Infrastructure 


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1 Protection, Science and Technology Directorate, and 

2 Office of Health Affairs; 

3 ‘‘(2) the Department of Health and Human 

4 Services, including the Centers for Disease Control 

5 and Prevention; 

6 ‘‘(3) the Department of Agriculture, including 

7 the Animal and Plant Health Inspection Service; 

8 ‘‘(4) the Department of Defense; 

9 ‘‘(5) the Federal Bureau of Investigation; 

10 ‘‘(6) for profit research institutions; 

11 ‘‘(7) academic research institutions; 

12 ‘‘(8) nonprofit research institutions; and 

13 ‘‘(9) other interested parties, as the Secretary 

14 determines appropriate. 

15 ‘‘(d) TIME REQUIREMENT.—The procedures for the 

16 negotiated rulemaking conducted under subsection (b) 

17 shall be conducted in a timely manner to ensure that— 

18 ‘‘(1) any recommendations with respect to pro19 posed regulations are provided to the Secretary not 

20 later than 6 months after the date of enactment of 

21 this section; and 

22 ‘‘(2) a final rule is promulgated not later than 

23 12 months after the date of enactment of this sec24 tion. 


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1 ‘‘(e) FACTORS TO BE CONSIDERED.—In developing 

2 proposed and final standards under subsection (b), the 

3 Secretary and the negotiated rulemaking committee shall 

4 consider factors including— 

5 ‘‘(1) the recommendations of the Commission 

6 on the Prevention of Weapons of Mass Destruction 

7 Proliferation and Terrorism (established under sec8 tion 1851 of the Implementing Recommendations of 

9 the 9/11 Commission Act of 2007 (Public Law 110– 

10 53; 121 Stat. 501)), the National Science Advisory 

11 Board for Biosecurity (established under section 205 

12 of the Pandemic and All-Hazards Preparedness Act 

13 (Public Law 109–417; 120 Stat. 2851)), the Trans14 Federal Task Force on Optimizing Biosafety and 

15 Biocontainment Oversight, and any working group 

16 established under Executive Order 13486 (74 Fed. 

17 Reg. 2289) relating to strengthening laboratory bio18 security; and 

19 ‘‘(2) how any disincentives to biological re20 search arising from enhanced biosecurity measures 

21 can be minimized. 

22 ‘‘(f) IMPLEMENTATION OF ENHANCED BIOSECURITY

23 MEASURES.— 

24 ‘‘(1) IN GENERAL.—Each registered entity that 

25 works with Tier I agents shall establish procedures 


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1 that meet or exceed the standards promulgated 

2 under subsection (b). 

3 ‘‘(2) TRAINING STANDARDS.—The Secretary of 

4 Health and Human Services, in consultation with 

5 the Secretary, shall accredit training programs that 

6 meet the standards promulgated under subsection 

7 (b). 

8 ‘‘(3) PERSONNEL RELIABILITY PROGRAMS.— 

9 The Secretary, in consultation with, where appro10 priate, the Secretary of Health and Human Services 

11 and the Secretary of Agriculture, shall evaluate and 

12 ensure the implementation of, and compliance with, 

13 personnel reliability programs at laboratories that 

14 handle Tier I agents developed under the regulations 

15 promulgated under subsection (b). 

16 ‘‘(4) RISK ASSESSMENTS.—The Secretary, in 

17 consultation with, where appropriate, the Secretary 

18 of Health and Human Services and the Secretary of 

19 Agriculture, shall ensure that facilities handling Tier 

20 I agents submit laboratory risk assessments that 

21 comply with the standards promulgated under sub22 section (b). 

23 ‘‘(5) SECURITY PLANS.—The Secretary, in con24 sultation with, where appropriate, the Secretary of 

25 Health and Human Services and the Secretary of 


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1 Agriculture, shall ensure that facilities handling Tier 

2 I agents submit site security plans that comply with 

3 the standards promulgated under subsection (b). 

4 ‘‘(6) HARMONIZATION OF REGULATIONS.— 

5 ‘‘(A) REGULATIONS UNDER PUBLIC

6 HEALTH SERVICE ACT.—Not later than 120 

7 days after the Secretary promulgates regula8 tions or amendments thereto pursuant to this 

9 section, the Secretary of Health and Human 

10 Services shall amend regulations promulgated 

11 under the Select Agent Program under section 

12 351A(a)(1) of the Public Health Service Act 

13 (42 U.S.C. 262a(a)(1)) to ensure that such reg14 ulations do not overlap or conflict with the reg15 ulations promulgated by the Secretary under 

16 this section. 

17 ‘‘(B) REGULATIONS UNDER AGRICULTURE

18 BIOTERRORISM PROTECTION ACT OF 2002.—Not 

19 later than 120 days after the Secretary promul20 gates regulations or amendments thereto pursu21 ant to this section, the Secretary of Agriculture 

22 shall amend regulations promulgated under the 

23 Select Agent Program under section 212(a)(1) 

24 of the Agricultural Bioterrorism Protection Act 

25 of 2002 to ensure that such regulations do not 


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1 overlap or conflict with the regulations promul2 gated by the Secretary under this section. 

3 ‘‘(7) PENALTIES.— 

4 ‘‘(A) CIVIL MONEY PENALTY.—In addition 

5 to any other penalties that may apply under 

6 law, any person who violates any provision of 

7 regulations promulgated under subsection (b) 

8 shall be subject to a civil money penalty in an 

9 amount not exceeding $250,000 in the case of 

10 an individual and $500,000 in the case of a lab11 oratory handling a Tier I agent. 

12 ‘‘(B) INTERMEDIATE SANCTIONS.— 

13 ‘‘(i) IN GENERAL.—If the Secretary 

14 determines that an individual or laboratory 

15 has violated any provision of regulations 

16 under this section, the Secretary may im17 pose intermediate sanctions in lieu of the 

18 actions authorized by subsection (A). 

19 ‘‘(ii) TYPES OF SANCTIONS.—The in20 termediate sanctions which may be im21 posed under paragraph (1) shall consist 

22 of— 

23 ‘‘(I) directed plans of correction; 

24 ‘‘(II) civil money penalties in an 

25 amount not to exceed $10,000 for 


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1 each violation of, or for each day of 

2 substantial noncompliance with, the 

3 regulations promulgated under this 

4 section; 

5 ‘‘(III) payment for the costs of 

6 onsite monitoring; or 

7 ‘‘(IV) any combination of the ac8 tions described in subclauses (I), (II), 

9 and (III). 

10 ‘‘(iii) PROCEDURES.—The Secretary 

11 shall develop and implement procedures 

12 with respect to when and how each of the 

13 intermediate sanctions is to be imposed 

14 under clause (i). Such procedures shall 

15 provide for notice to the individual or lab16 oratory, a reasonable opportunity to re17 spond to the proposed sanction, and appro18 priate procedures for appealing determina19 tions relating to the imposition of inter20 mediate sanctions. 

21 ‘‘(8) SIMULTANEOUS LABORATORY INSPEC22 TIONS.— 

23 ‘‘(A) INSPECTIONS BY THE DEPARTMENT

24 OF HOMELAND SECURITY.—The Secretary shall 

25 inspect laboratories that handle Tier I agents 


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1 for compliance with regulations promulgated 

2 under this section. 

3 ‘‘(B) INSPECTIONS BY THE DEPARTMENTS

4 OF HOMELAND SECURITY AND HEALTH AND

5 HUMAN SERVICES.—Any inspections of the 

6 same laboratory conducted by the Secretary 

7 pursuant to this subsection and the Secretary 

8 of Health and Human Services for compliance 

9 with regulations promulgated under the Select 

10 Agent Program under section 351A(a)(1) of the 

11 Public Health Service Act shall be conducted si12 multaneously to the extent practicable. 

13 ‘‘(C) INSPECTIONS BY THE DEPARTMENTS

14 OF HOMELAND SECURITY AND AGRICULTURE.— 

15 Any inspections of the same laboratory con16 ducted by the Secretary pursuant to this sub17 section and the Secretary of Agriculture for 

18 compliance with regulations promulgated under 

19 the Select Agent Program under section 

20 212(a)(1) of the Agricultural Bioterrorism Pro21 tection Act of 2002 shall be conducted simulta22 neously to the extent practicable. 

23 ‘‘(D) PARTICIPATION BY THE DEPART24 MENT OF DEFENSE.—To the extent practicable, 

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1 tions simultaneously with the Secretary and, as 

2 appropriate, the Secretary of Health and 

3 Human Services or the Secretary of Agri4 culture, when the Secretary of Defense conducts 

5 inspections of laboratories that receive funding 

6 from the Department of Defense for work with 

7 Tier I agents. 

8 ‘‘(E) JOINT INSPECTION PROCEDURES.— 

9 Departments conducting simultaneous inspec10 tions of a laboratory under this subsection shall 

11 ensure, to the maximum extent practicable, that 

12 such inspections are conducted using a common 

13 set of inspection procedures across such depart14 ments in order to minimize the administrative 

15 burden on such laboratory. 

16 ‘‘(F) INSPECTION REPORTS.—Inspection 

17 reports conducted under this paragraph shall be 

18 made available to each Federal agency that 

19 supports select agent research at the institution 

20 that is the subject of the inspection report.’’. 

21 (b) REPORT.—Not later than 60 days after the date 

22 of enactment of this Act, the Secretary of Homeland Secu23 rity, the Secretary of Agriculture, and the Secretary of 

24 Health and Human Services shall jointly report to the 

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1 fairs, the Committee on Health, Education, Labor, and 

2 Pensions, the Committee on Agriculture, Nutrition, and 

3 Forestry, and the Committee on Armed Services of the 

4 Senate and the Committee on Homeland Security, the 

5 Committee on Energy and Commerce, the Committee on 

6 Agriculture, and the Committee on Armed Services of the 

7 House of Representatives regarding how the Secretary of 

8 Homeland Security, the Secretary of Agriculture, and the 

9 Secretary of Health and Human Services intend to comply 

10 with the requirements under section 318 of the Homeland 

11 Security Act, as added by subsection (a), and shall detail 

12 what additional resources, if any, will be required to so 

13 comply. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as may be 

16 necessary to carry out this section and the amendments 

17 made by this section. 

18 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

19 The table of contents in section 1(b) of the Homeland Se20 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

21 inserting after the item relating to section 317 the fol22 lowing: 

‘‘Sec. 318. Enhanced biosecurity measures.’’. 


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1 SEC. 103. LABORATORY AND FACILITY REGISTRATION AND 

2 DATABASE. 

3 (a) IN GENERAL.—Section 351A of the Public 

4 Health Service Act (42 U.S.C. 262a) is amended— 

5 (1) by redesignating subsections (f) through 

6 (m) as (g) through (n) respectively; and 

7 (2) by inserting after subsection (e) the fol8 lowing: 

9 ‘‘(f) LABORATORY AND FACILITY REGISTRATION AND

10 DATABASE.— 

11 ‘‘(1) IN GENERAL.—The Secretary, in coordina12 tion with the Secretary of Homeland Security and 

13 the Secretary of Agriculture, shall establish and 

14 maintain a database of laboratories and facilities 

15 that have sufficient potential to pose a threat to 

16 public health and safety, or to animal or plant 

17 health, as to require the awareness by the Federal 

18 Government of the location and nature of the labora19 tory or facility. 

20 ‘‘(2) CRITERIA.— 

21 ‘‘(A) IN GENERAL.—The Secretary, in co22 ordination with the Secretary of Homeland Se23 curity and the Secretary of Agriculture, shall by 

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1 graph (1) and subject to the requirements of 

2 this subsection. 

3 ‘‘(B) EXCLUSION OF SELECT AGENT LAB4 ORATORIES.—The criteria established under 

5 subparagraph (A) shall exclude laboratories list6 ed in the national database established pursu7 ant to subsection (d)(2) of this section and sec8 tion 212(d)(2) of the Agricultural Bioterrorism 

9 Protection Act of 2002 (7 U.S.C. 8401(d)(2)). 

10 ‘‘(C) CONTENT.—The criteria established 

11 under subparagraph (A) shall include— 

12 ‘‘(i) whether a laboratory or facility 

13 handles a biological agent or toxin des14 ignated as a Registry Agent pursuant to 

15 paragraph (4); 

16 ‘‘(ii) whether a laboratory or facility 

17 has specified characteristics, features, or 

18 equipment that could facilitate the misuse 

19 of the laboratory or facility for the pur20 poses of developing a biological weapon, 

21 which may include— 

22 ‘‘(I) technology that is particu23 larly suitable to the development of an 

24 effective biological weapon, such as 


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1 technology that would enable syn2 thesis of Tier I agents; and 

3 ‘‘(II) features that would protect 

4 an individual developing a biological 

5 weapon from accidental exposure or 

6 discovery; and 

7 ‘‘(iii) such other characteristics as the 

8 Secretary determines appropriate. 

9 ‘‘(3) REGULATIONS REQUIRING REGISTRA10 TION.—The Secretary shall by regulation require the 

11 registration with the Secretary of laboratories and 

12 facilities that meet the criteria established pursuant 

13 to paragraph (2). 

14 ‘‘(4) REGISTRY AGENTS.— 

15 ‘‘(A) IN GENERAL.—The Secretary, in co16 ordination with the Secretary of Agriculture 

17 and the Secretary of Homeland Security, shall 

18 establish and maintain by regulation a list of 

19 biological agents and toxins that have the po20 tential to pose a serious threat to public, ani21 mal, or plant health but for which the potential 

22 to be used effectively in a biological attack has 

23 not been clearly established. 


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1 ‘‘(B) DESIGNATION.—Agents listed pursu2 ant to subparagraph (A) shall be designated as 

3 ‘Registry Agents’. 

4 ‘‘(C) EXCLUSION OF SELECT AGENTS.—In 

5 determining whether to designate a biological 

6 agent or toxin as a Registry Agent, the Sec7 retary shall exclude agents or toxins listed pur8 suant to subsection (a)(1) of this section and 

9 section 212(a)(1) of the Agricultural Bioter10 rorism Protection Act of 2002. 

11 ‘‘(5) PENALTIES.—In addition to any other 

12 penalties that may apply under law, any person who 

13 violates any provision of this section shall be subject 

14 to the United States for a civil penalty in an amount 

15 not to exceed $25,000 in the case of an individual 

16 and $50,000 in the case of any other person. 

17 ‘‘(6) ACCESS TO DATABASE.—The Secretary 

18 shall make the database established under para19 graph (1) available to the Secretary of Homeland 

20 Security, the Secretary of Agriculture, the Secretary 

21 of Defense, the Attorney General, and such agencies 

22 as the Secretary determines appropriate. 

23 ‘‘(7) BIOSECURITY AND BIOSAFETY BEST PRAC24 TICES.—The Secretary, in consultation with the Sec25 retary Homeland Security and the Secretary of AgriVerDate Nov 24 2008 01:04 Sep 09, 2009 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1649.IS S1649

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1 culture, shall promote biosecurity and biosafety best 

2 practices to entities registered under paragraph 

3 (3).’’. 

4 (b) REVISION OF THE LIST OF BIOLOGICAL AGENTS

5 AND TOXINS.— 

6 (1) REVIEW OF LISTED AGENTS.— 

7 (A) REVIEW BY SECRETARY OF HEALTH

8 AND HUMAN SERVICES.—Not later than 180 

9 days after the establishment of the list pursu10 ant to subsection (f)(4) of section 351A of the 

11 Public Health Service Act (as added by sub12 section (a)), the Secretary of Health and 

13 Human Services shall conduct a comprehensive 

14 review of the list of biological agents and toxins 

15 maintained pursuant to subsection (a)(1) of 

16 such section to determine which listed agents 

17 and toxins more accurately fit the criteria for 

18 Registry Agents (as described under such sub19 section (f)(4)). 

20 (B) REVISION BY SECRETARY OF AGRI21 CULTURE.—Not later than 180 days after the 

22 establishment of the list pursuant to subsection 

23 (f)(4) of section 351A of the Public Health 

24 Service Act (as amended by subsection (a)), the 

25 Secretary of Agriculture shall conduct a comVerDate Nov 24 2008 01:04 Sep 09, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1649.IS S1649

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1 prehensive review of the list of biological agents 

2 and toxins maintained pursuant to section 

3 212(a)(1) of the Agricultural Bioterrorism Pro4 tection Act of 2002 (7 U.S.C. 8401(a)(1)) to 

5 determine which listed agents and toxins more 

6 accurately fit the criteria for Registry Agents 

7 (as described under such subsection (f)(4)). 

8 (2) AMENDMENTS TO THE PUBLIC HEALTH

9 SERVICE ACT.—Section 351A(a)(1)(B)(i) of the 

10 Public Health Service Act (42 U.S.C. 

11 262a(a)(1)(B)(i)) is amended— 

12 (A) in subclause (III), by striking ‘‘; and’’ 

13 and inserting a semicolon; 

14 (B) by redesignating subclause (IV) as 

15 subclause (V); and 

16 (C) by inserting after subclause (III) the 

17 following: 

18 ‘‘(IV) security risks identified by 

19 biological risk assessments conducted 

20 by the Department of Homeland Se21 curity, the Department of Health and 

22 Human Services, the Department of 

23 Agriculture, the Department of De24 fense, and other relevant agencies and 

25 entities; and’’. 


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1 (3) AMENDMENT TO THE AGRICULTURAL BIO2 TERRORISM PROTECTION ACT OF 2002.—Section 

3 212(a)(1)(B)(i) of the Agricultural Bioterrorism 

4 Protection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) 

5 is amended— 

6 (A) in subclause (III), by striking ‘‘; and’’ 

7 and inserting a semicolon; 

8 (B) by redesignating subclause (IV) as 

9 subclause (V); and 

10 (C) by inserting after subclause (III) the 

11 following: 

12 ‘‘(IV) security risks identified by 

13 biological risk assessments conducted 

14 by the Department of Homeland Se15 curity, the Department of Health and 

16 Human Services, the Department of 

17 Agriculture, the Department of De18 fense, and other relevant agencies and 

19 entities; and’’. 

20 (c) REPORT.—Not later than 270 days after the date 

21 of enactment of this Act, the Secretary of Health and 

22 Human Services, in coordination with the Secretary 

23 Homeland Security and the Secretary of Agriculture, shall 

24 report to the Committee on Homeland Security and Gov25 ernmental Affairs, the Committee on Health, Education, 


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1 Labor, and Pensions, the Committee on Agriculture, Nu2 trition, and Forestry, and the Committee on Armed Serv3 ices of the Senate, and to the Committee on Homeland 

4 Security, the Committee on Energy and Commerce, the 

5 Committee on Agriculture, and the Committee on Armed 

6 Services of the House of Representatives regarding the im7 plementation of this section. 

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as may be 

10 necessary to carry out this section. 

11 (e) CONFORMING AMENDMENTS.— 

12 (1) PUBLIC HEALTH SERVICE ACT.—Section 

13 351A of the Public Health Service Act (42 U.S.C. 

14 262a) is amended— 

15 (A) in subsection (e)(7)(B)(ii) by striking 

16 ‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’; 

17 (B) in subsection (i)(1)(E), as so redesig18 nated, by striking ‘‘subsection (f)’’ and insert19 ing ‘‘subsection (g)’’; 

20 (C) in subsection (k), as so redesignated, 

21 by striking ‘‘subsection (l)’’ and inserting ‘‘sub22 section (m)’’; and 

23 (D) in subsection (l), as so redesignated, 

24 by striking ‘‘subsection (j)’’ and inserting ‘‘sub25 section (k)’’. 


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1 (2) AGRICULTURAL BIOTERRORISM PROTEC2 TION ACT OF 2002.—Section 212(g)(1)(E) of the Ag3 ricultural Bioterrorism Protection Act of 2002 (7 

4 U.S.C. 8401(g)(1)(E)) is amended by striking 

5 ‘‘351A(g)(3)’’ and inserting ‘‘351A(h)(3)’’. 

6 SEC. 104. BACKGROUND CHECKS. 

7 Section 351A(e)(3)(A) of the Public Health Service 

8 Act (42 U.S.C. 262a(e)(3)(A)) is amended by adding at 

9 the end the following: ‘‘In identifying whether an indi10 vidual is within a category specified in subparagraph 

11 (B)(ii)(II), the Attorney General shall consult with the 

12 Secretary of Homeland Security to determine if the De13 partment of Homeland Security possesses any information 

14 relevant to the identification of such an individual by the 

15 Attorney General.’’. 

16 SEC. 105. BIOLOGICAL LABORATORY PROTECTION. 

17 (a) ACADEMIC AND NONPROFIT HIGH CONTAINMENT

18 BIOLOGICAL LABORATORY PROTECTION GRANTS.— 

19 (1) GRANTS AUTHORIZED.—The Secretary of 

20 Homeland Security, acting through the Adminis21 trator of the Federal Emergency Management Agen22 cy, may award grants to academic and nonprofit or23 ganizations to implement security improvements at 

24 laboratories that handle Tier I agents or toxins, as 

25 so designated under section 351A(a)(2) of the Public 


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1 Health Service Act or section 212(a)(2) of the Agri2 cultural Bioterrorism Protection Act of 2002. 

3 (2) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated to the De5 partment of Homeland Security to carry out this 

6 subsection, $50,000,000 for each of fiscal years 

7 2010 through 2013. 

8 (b) VOLUNTARY VULNERABILITY ASSESSMENTS.—In 

9 carrying out section 201(d)(2) of the Homeland Security 

10 Act of 2002 (6 U.S.C. 121(d)(2)), the Secretary of Home11 land Security shall encourage the voluntary participation 

12 of laboratories working with biological agents and toxins, 

13 as so designated under section 351A(a)(1) of the Public 

14 Health Service Act (42 U.S.C. 262a(a)(1)) or section 

15 212(a)(1) of the Agricultural Bioterrorism Protection Act 

16 of 2002 (7 U.S.C. 8401(a)(1)), commensurate with the 

17 risks such agents and toxins pose. 

18 SEC. 106. BIOSECURITY INFORMATION SHARING. 

19 (a) IN GENERAL.—Title III of the Homeland Secu20 rity Act of 2002 (6 U.S.C. 181 et seq.), as amended by 

21 section 102, is amended by adding at the end the fol22 lowing: 

23 ‘‘SEC. 319. BIOSECURITY INFORMATION SHARING. 

24 ‘‘(a) IN GENERAL.—Consistent with the responsibil25 ities under section 201(d), the Secretary shall ensure that 


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1 State, local, and tribal governments have access to rel2 evant safety and security information relating to biological 

3 laboratories and facilities in or in close proximity to the 

4 jurisdiction of the State, local, or tribal government, as 

5 the Secretary determines appropriate. 

6 ‘‘(b) ACCESS TO INFORMATION IN DATABASES.—In 

7 carrying out this section, the Secretary may disseminate 

8 to State, local, and tribal governments relevant informa9 tion from the national databases established under sub10 sections (d)(2) and (f)(1) of section 351A of the Public 

11 Health Service Act (42 U.S.C. 262a) and section 

12 212(d)(2) of the Agricultural Bioterrorism Protection Act 

13 of 2002 (7 U.S.C. 8401(d)(2)). 

14 ‘‘(c) CLASSIFIED AND SENSITIVE INFORMATION.— 

15 The Secretary shall ensure that any information dissemi16 nated under this section is disseminated consistent with— 

17 ‘‘(1) the authority of the Director of National 

18 Intelligence to protect intelligence sources and meth19 ods under the National Security Act of 1947 (50 

20 U.S.C. 401 et seq.) and related procedures or simi21 lar authorities of the Attorney General concerning 

22 sensitive law enforcement information; 

23 ‘‘(2) section 552a of title 5, United States Code 

24 (commonly referred to as the Privacy Act of 1974); 

25 and 


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1 ‘‘(3) other relevant laws.’’. 

2 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

3 The table of contents in section 1(b) of the Homeland Se4 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

5 inserting after the item relating to section 318, as added 

6 by section 102, the following: 

‘‘Sec. 319. Biosecurity information sharing.’’. 

7 TITLE II—RESPONSE TO A WEAP8 ON OF MASS DESTRUCTION 

9 ATTACK 

10 Subtitle A—Ensuring Access to 

11 Medical Countermeasures Dur12 ing Emergencies 

13 SEC. 201. NATIONAL MEDICAL COUNTERMEASURE DIS14 PENSING STRATEGY. 

15 Title III of the Public Health Service Act (42 U.S.C. 

16 241 et seq.) is amended by inserting after section 319M 

17 the following: 

18 ‘‘SEC. 319N. NATIONAL MEDICAL COUNTERMEASURE DIS19 PENSING STRATEGY. 

20 ‘‘(a) DEFINITIONS.—In this section— 

21 ‘‘(1) the term ‘appropriate committees of Con22 gress’ means— 

23 ‘‘(A) the Committee on Homeland Security 

24 and Governmental Affairs and the Committee 


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1 on Health, Education, Labor, and Pensions of 

2 the Senate; and 

3 ‘‘(B) the Committee on Homeland Secu4 rity, the Committee on Energy and Commerce, 

5 and the Committee on Oversight and Govern6 ment Reform of the House of Representatives; 

7 ‘‘(2) the term ‘dispense’ means to provide pro8 phylaxis and other related medical material to an af9 fected population in response to a threat or incident; 

10 and 

11 ‘‘(3) the term ‘medical countermeasures’ means 

12 a drug or biological product used to mitigate, pre13 vent, or treat harm from any biological agent (in14 cluding organisms that cause an infectious disease) 

15 or toxin or chemical, radiological, or nuclear threat 

16 that may cause a public health emergency. 

17 ‘‘(b) STRATEGY.—The Secretary, in coordination 

18 with the Secretary of Homeland Security and the Post19 master General, shall develop, coordinate, and maintain 

20 a National Medical Countermeasure Dispensing Strategy 

21 (referred to in this section as the ‘National MCM Dis22 pensing Strategy’). 

23 ‘‘(c) CONTENTS.—The National MCM Dispensing 

24 Strategy shall— 


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1 ‘‘(1) encompass all aspects of the Federal role 

2 in dispensing medical countermeasures (referred to 

3 in this section as ‘MCMs’) and describe methods by 

4 which the Federal Government may assist State, 

5 local, and tribal governments to dispense MCMs; 

6 ‘‘(2) address a variety of geographical areas, 

7 population densities, and demographics; 

8 ‘‘(3) create a multilayered approach for the dis9 pensing of MCMs that includes redundancies; 

10 ‘‘(4) address— 

11 ‘‘(A) a staffing plan for dispensing MCMs, 

12 including— 

13 ‘‘(i) for MCM dispensing locations; 

14 and 

15 ‘‘(ii) for dispensing through the 

16 United States Postal Service; 

17 ‘‘(B) requirements for timeliness of MCM 

18 dispensing; 

19 ‘‘(C) appropriateness, effectiveness, and ef20 ficiency of differing methods of MCM dis21 pensing; 

22 ‘‘(D) measures and evaluations of MCM 

23 dispensing effectiveness and efficiency; 

24 ‘‘(E) liability issues associated with MCM 

25 dispensing, considering— 


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1 ‘‘(i) the volunteer force; 

2 ‘‘(ii) medical personnel; 

3 ‘‘(iii) potential adverse reactions to 

4 medications; 

5 ‘‘(iv) participating employees of the 

6 United States Postal Service; and 

7 ‘‘(v) security personnel; 

8 ‘‘(F) security issues, including— 

9 ‘‘(i) partnerships with law enforce10 ment; and 

11 ‘‘(ii) necessary levels of security to 

12 protect MCM dispensing locations and re13 lated personnel, participating employees of 

14 the United States Postal Service, and 

15 transportation of MCMs; 

16 ‘‘(G) communications issues, including— 

17 ‘‘(i) communications between the Fed18 eral, State, local, and tribal government of19 ficials that may be involved in dispensing 

20 MCMs; 

21 ‘‘(ii) communications between the gov22 ernment and private sector; and 

23 ‘‘(iii) the creation of prescripted pub24 lic message statements informing people 

25 how they can acquire MCMs; 


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1 ‘‘(H) transportation of MCMs to dis2 pensing locations; 

3 ‘‘(I) implementation and operations of dis4 pensing plans; 

5 ‘‘(J) necessary levels of Federal technical 

6 assistance in developing MCM dispensing capa7 bilities; and 

8 ‘‘(K) any other topics that the Secretary 

9 determines appropriate; 

10 ‘‘(5) in coordination with the Secretary of 

11 Homeland Security, include a plan to develop a pre12 incident public information campaign that will in13 form the public of— 

14 ‘‘(A) personal preparedness for a biological 

15 attack or naturally occurring disease outbreak; 

16 ‘‘(B) options for obtaining MCMs; 

17 ‘‘(C) options for receiving medical care 

18 during a public health emergency; and 

19 ‘‘(D) any other issues that the Secretary 

20 determines appropriate; and 

21 ‘‘(6) be exercised regularly in various jurisdic22 tions. 

23 ‘‘(d) COORDINATION.—Where appropriate, the Sec24 retary, in coordination with the Secretary of Homeland 

25 Security and the Postmaster General, shall coordinate 


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1 with State, local, and tribal government officials, private 

2 sector, and nongovernmental organizations in development 

3 of the National MCM Dispensing Strategy. 

4 ‘‘(e) REPORTS TO CONGRESS.— 

5 ‘‘(1) IN GENERAL.—The Secretary, in coordina6 tion with the Secretary of Homeland Security and 

7 the Postmaster General, shall— 

8 ‘‘(A) not later than 180 days after the date 

9 of enactment of this section, submit the Na10 tional MCM Dispensing Strategy to the appro11 priate committees of Congress; and 

12 ‘‘(B) not later than 180 days after the 

13 submission of the Strategy under subparagraph 

14 (A), submit an implementation plan for such 

15 Strategy to the appropriate committees of Con16 gress. 

17 ‘‘(2) STATUS REPORT.—Not later than 1 year 

18 after the submission of the implementation plan 

19 under paragraph (1)(B), the Secretary, in coordina20 tion with the Secretary of Homeland Security and 

21 the Postmaster General, shall submit to the appro22 priate committees of Congress a report describing 

23 the status of the activities taken pursuant to the im24 plementation plan.’’. 


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1 SEC. 202. TAILORING OF THE NATIONAL MEDICAL COUN2 TERMEASURE DISPENSING STRATEGY. 

3 (a) IN GENERAL.— 

4 (1) PLANS.—The Secretary of Health and 

5 Human Services, in coordination with the Secretary 

6 of Homeland Security and, where appropriate, the 

7 Postmaster General, shall tailor the National MCM 

8 Dispensing Strategy established under section 319N 

9 of the Public Health Service Act (as added by sec10 tion 201) for— 

11 (A) Cities Readiness Initiative jurisdictions 

12 and other densely populated metropolitan areas 

13 deemed at highest risk of being the target of a 

14 terrorist attack; 

15 (B) representative localities of varying geo16 graphic sizes, population densities, and demo17 graphics; and 

18 (C) any other unique or specific local needs 

19 the Secretary of Health and Human Services 

20 deems appropriate. 

21 (2) CONSULTATION WITH STATE, LOCAL, AND

22 TRIBAL GOVERNMENTS.—In fulfilling the require23 ments of paragraph (1), the Secretary of Health and 

24 Human Services, in coordination with the Secretary 

25 of Homeland Security and, where appropriate, the 


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1 Postmaster General, shall consult with State, local, 

2 and tribal officials. 

3 (3) REVIEW.—The Secretary of Homeland Se4 curity, during and in conjunction with the creation 

5 of tailored National MCM Dispensing Strategy plans 

6 under paragraph (1), shall— 

7 (A) provide a review of transportation and 

8 logistics capabilities for moving medical coun9 termeasures from State, local, and tribal receiv10 ing, staging, and storing sites to dispensing lo11 cations; 

12 (B) review security plans and capabilities 

13 for protecting transportation of medical coun14 termeasures and dispensing locations; 

15 (C) work in coordination with the Post16 master General to review security for protecting 

17 United States Postal Service employees per18 forming dispensing; 

19 (D) assist State, local, and tribal govern20 ments in building partnerships with law en21 forcement to perform security for medical coun22 termeasure transportation and dispensing; 

23 (E) assist State, local, and tribal govern24 ments in working with emergency response proVerDate Nov 24 2008 01:04 Sep 09, 2009 Jkt 079200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S1649.IS S1649

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1 viders to create appropriate roles for their par2 ticipation in the tailored Strategy plans; and 

3 (F) determine other assistance that may be 

4 offered to State, local, and tribal governments 

5 with respect to logistics, transportation, secu6 rity, or other issues that the Secretary of 

7 Homeland Security determines appropriate. 

8 (b) DEFINITION.—In this section, the term ‘‘emer9 gency response provider’’ has the meaning given that term 

10 in section 2 of the Homeland Security Act of 2002 (6 

11 U.S.C. 101). 

12 SEC. 203. EXPANSION IN THE USE OF THE U.S. POSTAL 

13 SERVICE TO DELIVER MEDICAL COUNTER14 MEASURES. 

15 (a) IN GENERAL.—The Secretary of Health and 

16 Human Services, in coordination with the Postmaster 

17 General and the Secretary of Homeland Security, shall ex18 pand existing pilot programs to utilize the United States 

19 Postal Service to deliver medical countermeasures in a 

20 public health emergency. 

21 (b) TIMELINE.—The Postmaster General shall in22 crease the ability of the United States Postal Service to 

23 deliver medical countermeasures to homes in— 


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1 (1) 5 additional Cities Readiness Initiative ju2 risdictions not later than 1 year after the date of en3 actment of this Act; and 

4 (2) 15 additional Cities Readiness Initiative ju5 risdictions not later than 2 years after the date of 

6 enactment of this Act. 

7 (c) USPS MEDKITS.—The Secretary of Health and 

8 Human Services, in coordination with the Postmaster 

9 General and the Secretary of Homeland Security, shall, 

10 on a biennial basis, reevaluate the contents of medkits pro11 vided to enrolled United States Postal Service employees 

12 under the U.S. Postal Service Dispensing Plan. 

13 (d) CONTENT CONSIDERATION.—In establishing the 

14 appropriate contents for medkits under subsection (c), the 

15 Secretary of Health and Human Services shall— 

16 (1) consider information available from any bio17 logical or bioterrorism risk assessments conducted 

18 by the Department of Homeland Security or other 

19 relevant assessments by other departments or the in20 telligence community; 

21 (2) consider the criteria described in section 

22 351A(a)(1)(B) of the Public Health Service Act (42 

23 U.S.C. 262a(a)(1)(B)); 

24 (3) consult with private and public organiza25 tions, as appropriate; and 


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1 (4) consider such other criteria and information 

2 that the Secretary of Health and Human Services 

3 and the Secretary of Homeland Security determine 

4 appropriate. 

5 (e) REPORT.—Not later than 18 months after the 

6 date of enactment of this Act, the Secretary of Health and 

7 Human Services, the Postmaster General, and the Sec8 retary of Homeland Security shall submit to the appro9 priate committees of Congress a report on the implemen10 tation of this section. 

11 (f) DEFINITIONS.—In this section— 

12 (1) the term ‘‘appropriate committees of Con13 gress’’ means— 

14 (A) the Committee on Homeland Security 

15 and Governmental Affairs and the Committee 

16 on Health, Education, Labor, and Pensions of 

17 the Senate; and 

18 (B) the Committee on Homeland Security, 

19 the Committee on Energy and Commerce, and 

20 the Committee on Oversight and Government 

21 Reform of the House of Representatives; 

22 (2) the term ‘‘medkit’’ means a cache of anti23 biotics and other medical countermeasures to be 

24 used during a public health emergency; and 


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1 (3) the term ‘‘public health emergency’’ means 

2 a public health emergency declared by the Secretary 

3 of Health and Human Services under section 319 of 

4 the Public Health Service Act (42 U.S.C. 247d). 

5 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as may be 

7 necessary to carry out this section. 

8 SEC. 204. DISPENSING MEDICAL COUNTERMEASURES 

9 THROUGH EMPLOYERS. 

10 (a) DEFINITIONS.—In this section— 

11 (1) the term ‘‘appropriate committees of Con12 gress’’ means— 

13 (A) the Committee on Homeland Security 

14 and Governmental Affairs and the Committee 

15 on Health, Education, Labor, and Pensions of 

16 the Senate; and 

17 (B) the Committee on Homeland Security 

18 and the Committee on Energy and Commerce 

19 of the House of Representatives; 

20 (2) the terms ‘‘biological agent’’ and ‘‘toxin’’ 

21 have the meanings given those terms in section 178 

22 of title 18, United States Code; 

23 (3) the term ‘‘covered Federal facility’’ means 

24 a Federal facility determined by the Secretary of 

25 Health and Human Services, in coordination with 


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1 the Secretary of Homeland Security, to be of suffi2 cient size, workforce level, and geographic location to 

3 warrant developing a plan for receiving and dis4 pensing medical countermeasures to employees work5 ing in the Federal facility; 

6 (4) the term ‘‘dispense’’ means to provide pro7 phylaxis and other related medical material to an af8 fected population in response to a threat or incident; 

9 and 

10 (5) the term ‘‘medical countermeasures’’ means 

11 a drug or biological product used to mitigate, pre12 vent, or treat harm from any biological agent (in13 cluding organisms that cause an infectious disease) 

14 or toxin or chemical, radiological, or nuclear threat 

15 that may cause a public health emergency. 

16 (b) FEDERAL PLAN.— 

17 (1) IN GENERAL.—The head of each executive 

18 agency, in consultation with the Secretary of Health 

19 and Human Services and the Secretary of Homeland 

20 Security, shall develop a plan to receive and dispense 

21 medical countermeasures to individuals employed by 

22 the executive agency— 

23 (A) if the individuals work in a covered 

24 Federal facility that is likely the target, or lo25 cated in an area that is likely a target, of an 


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1 act of terrorism involving a biological agent or 

2 toxin; or 

3 (B) in the event of a naturally occurring 

4 outbreak of an infectious disease that may re5 sult in a national epidemic. 

6 (2) CONTENTS.—The plans developed under 

7 paragraph (1) shall identify individuals in the cov8 ered Federal facility who will be performing receiv9 ing and dispensing of medical countermeasures to 

10 employees. 

11 (3) REVIEW.—The Secretary of Health and 

12 Human Services, in coordination with the Secretary 

13 of Homeland Security, shall review and approve the 

14 plans developed under paragraph (1). 

15 (4) EXERCISES.—On a biennial basis, the head 

16 of each executive agency shall conduct exercises of 

17 the plan developed by the head of the executive 

18 agency under paragraph (1). 

19 (c) OTHER EMPLOYERS.—The Secretary of Health 

20 and Human Services, in coordination with Secretary of 

21 Homeland Security, shall establish a set of best practices 

22 to guide and promote medical countermeasure dispensing 

23 capabilities among private sector entities. 

24 (d) REPORT.—Not later than 180 days after the date 

25 of enactment of this Act, the Secretary of Health and 


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1 Human Services, in coordination with the Secretary of 

2 Homeland Security, shall submit to the appropriate com3 mittees of Congress a report on the implementation of this 

4 section. 

5 SEC. 205. PERSONAL MEDKITS FOR EMERGENCY RESPONSE 

6 PROVIDERS. 

7 (a) IN GENERAL.—Title III of the Homeland Secu8 rity Act of 2002 (6 U.S.C. 181 et seq.), as amended by 

9 section 106, is further amended by adding at the end the 

10 following: 

11 ‘‘SEC. 320. PERSONAL MEDKITS FOR EMERGENCY RE12 SPONDERS. 

13 ‘‘(a) DEFINITIONS.—In this section— 

14 ‘‘(1) the term ‘appropriate committees of Con15 gress’ means— 

16 ‘‘(A) the Committee on Homeland Security 

17 and Governmental Affairs and the Committee 

18 on Health, Education, Labor, and Pensions of 

19 the Senate; and 

20 ‘‘(B) the Committee on Homeland Security 

21 and the Committee on Energy and Commerce 

22 of the House of Representatives; 

23 ‘‘(2) the term ‘emergency responders’ means an 

24 emergency response provider or an active member of 

25 a local citizen preparedness organization, including 


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1 Community Emergency Response Teams, the Med2 ical Reserve Corps, the Fire Corps, and the citizen 

3 preparedness programs of the American Red Cross; 

4 ‘‘(3) the term ‘immediate family member’ 

5 means an individual who is a cohabitating family 

6 member or domestic partner; 

7 ‘‘(4) the term ‘medkit’ means a cache of anti8 biotics and other medical countermeasures to be 

9 used during a public health emergency; 

10 ‘‘(5) the term ‘medkit program’ means the pro11 gram established under subsection (b); and 

12 ‘‘(6) the term ‘public health emergency’ means 

13 a public health emergency declared by the Secretary 

14 of Health and Human Services under section 319 of 

15 the Public Health Service Act (42 U.S.C. 247d). 

16 ‘‘(b) ESTABLISHMENT.—The Secretary, in coordina17 tion with the Secretary of Health and Human Services, 

18 shall establish a program to distribute medkits to emer19 gency responders and immediate family members of emer20 gency responders. 

21 ‘‘(c) MEDKIT PROGRAM COMPONENTS.— 

22 ‘‘(1) IN GENERAL.—An emergency responder or 

23 immediate family member of an emergency re24 sponder participating in the medkit program shall— 

25 ‘‘(A) register with the Secretary; 


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1 ‘‘(B) before the distribution of a medkit, 

2 receive training regarding— 

3 ‘‘(i) the proper use and dosing of 

4 medical countermeasures; 

5 ‘‘(ii) reporting of the use of a medkit; 

6 ‘‘(iii) the proper storage of a medkit; 

7 and 

8 ‘‘(iv) any other topic determined ap9 propriate by the Secretary; 

10 ‘‘(C) before the distribution of a medkit, 

11 undergo appropriate medical screening; and 

12 ‘‘(D) report the use of a medkit within a 

13 reasonable time period, as established by the 

14 Secretary. 

15 ‘‘(2) INVENTORY.—The Secretary shall conduct 

16 an annual inventory of medkits distributed under the 

17 medkit program. 

18 ‘‘(d) AUTHORIZATION AND CONTENTS.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall coordi20 nate with the Secretary of Health and Human Serv21 ices and the Commissioner of Food and Drugs to— 

22 ‘‘(A) seek a pre-incident emergency use au23 thorization under section 564 of the Federal 

24 Food, Drug, and Cosmetic Act (21 U.S.C. 


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1 360bbb–3) to allow distribution and use of 

2 medkits under the medkit program; and 

3 ‘‘(B) establish the appropriate contents for 

4 medkits distributed under the medkit program. 

5 ‘‘(2) CONTENT CONSIDERATION.—In estab6 lishing the appropriate contents for medkits under 

7 paragraph (1)(B), the Secretary shall— 

8 ‘‘(A) consider information available from 

9 any biological or bioterrorism risk assessments 

10 conducted by the Department of Homeland Se11 curity or other relevant assessments by other 

12 departments or the intelligence community; 

13 ‘‘(B) consider the criteria described in sec14 tion 351A(a)(1)(B) of the Public Health Serv15 ice Act (42 U.S.C. 262a(a)(1)(B)); 

16 ‘‘(C) consult with relevant private and pub17 lic organizations; and 

18 ‘‘(D) consider such other criteria and in19 formation that the Secretary and the Secretary 

20 of Health and Human Services determine ap21 propriate. 

22 ‘‘(e) REPORT.—Not later than 180 days after the 

23 date of enactment of this section, the Secretary shall sub24 mit to the appropriate committees of Congress a report 

25 on the implementation of this section. 


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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to carry out this section.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

5 The table of contents in section 1(b) of the Homeland Se6 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

7 inserting after the item relating to section 319, as added 

8 by section 106 of this Act, the following: 

‘‘Sec. 320. Personal medkits for emergency responders.’’. 

9 SEC. 206. GENERAL PUBLIC MEDKIT PILOT PROGRAM. 

10 (a) DEFINITIONS.—In this section— 

11 (1) the term ‘‘medical countermeasures’’ means 

12 a drug or biological product used to mitigate, pre13 vent, or treat harm from any biological agent (in14 cluding organisms that cause an infectious disease) 

15 or toxin or chemical, radiological, or nuclear agent 

16 that may cause a public health emergency; and 

17 (2) the term ‘‘medkit’’ means a cache of anti18 biotics and other medical countermeasures to be 

19 used during a public health emergency declared by 

20 the Secretary of Health and Human Services under 

21 section 319 of the Public Health Service Act (42 

22 U.S.C. 247d). 

23 (b) PILOT PROGRAM.—The Secretary of Health and 

24 Human Services, in coordination with the Secretary of 


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1 Homeland Security, shall conduct a pilot program to study 

2 the feasibility of providing personal medkits to the public. 

3 (c) REQUIREMENTS.—In carrying out the pilot pro4 gram, the Secretary of Health and Human Services, in 

5 coordination with the Secretary of Homeland Security, 

6 shall ensure that— 

7 (1) enrollment of participants in the pilot pro8 gram encompasses a diverse range of municipality 

9 sizes, various geographic locations, and different so10 cioeconomic statuses; 

11 (2) the number of enrolled participants in the 

12 program shall be expanded significantly beyond the 

13 number of those enrolled in the 2006 St. Louis 

14 Medkit evaluation study, conducted by the Centers 

15 for Disease Control and Prevention, to at least 

16 10,000 participants; 

17 (3) the program shall evaluate the ability of 

18 households to maintain medkits in the home as di19 rected and reserve for emergency use; and 

20 (4) prior to obtaining a medkit, participants are 

21 required to receive training regarding— 

22 (A) proper use and dosing of medical coun23 termeasures; 

24 (B) reporting of use of medkits; 

25 (C) proper storage of medkits; and 


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1 (D) any other information that the Sec2 retary of Health and Human Services and the 

3 Secretary of Homeland Security determine ap4 propriate. 

5 (d) AUTHORIZATION AND CONTENT.—The Secretary 

6 of Health and Human Services and the Secretary of 

7 Homeland Security shall coordinate with the Commis8 sioner of Food and Drugs— 

9 (1) to obtain an emergency use authorization 

10 under section 564 of the Federal Food, Drug, and 

11 Cosmetic Act (21 U.S.C. 360bbb–3) to allow dis12 tribution of medkits for the purpose of the pilot pro13 gram; and 

14 (2) to establish the appropriate contents of 

15 medkits to the public for the pilot program. 

16 (e) REPORT.— 

17 (1) APPROPRIATE COMMITTEES OF CON18 GRESS.—In this subsection, the term ‘‘appropriate 

19 committees of Congress’’ means— 

20 (A) the Committee on Homeland Security 

21 and Governmental Affairs and the Committee 

22 on Health, Education, Labor, and Pensions of 

23 the Senate; and 


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1 (B) the Committee on Homeland Security 

2 and the Committee on Energy and Commerce 

3 of the House of Representatives. 

4 (2) REPORT.—Not later than 90 days after 

5 completion of the program under this section, the 

6 Secretary of Health and Human Services, in coordi7 nation with the Secretary of Homeland Security, 

8 shall submit to the appropriate committees of Con9 gress a report on the conclusions of such program. 

10 The report shall include recommendations and con11 clusions on the feasibility of creating a national 

12 medkit program, through which medkits would be 

13 distributed widely to the public. 

14 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as may be 

16 necessary to carry out this section. 

17 Subtitle B—Bioforensics 

18 Capabilities and Strategy 

19 SEC. 211. BIOFORENSICS CAPABILITIES AND STRATEGY. 

20 (a) IN GENERAL.—Title III of the Homeland Secu21 rity Act of 2002 (6 U.S.C. 181 et seq.), as amended by 

22 section 205, is further amended by adding at the end the 

23 following: 

24 ‘‘SEC. 321. BIOFORENSICS CAPABILITIES AND STRATEGY. 

25 ‘‘(a) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘appropriate committees of Con2 gress’ means— 

3 ‘‘(A) the Committee on Homeland Security 

4 and Governmental Affairs, the Committee on 

5 the Judiciary, the Committee on Health, Edu6 cation, Labor, and Pensions, the Committee on 

7 Agriculture, Nutrition, and Forestry, and the 

8 Committee on Armed Services of the Senate; 

9 and 

10 ‘‘(B) the Committee on Homeland Secu11 rity, the Committee on the Judiciary, the Com12 mittee on Energy and Commerce, the Com13 mittee on Agriculture, and the Committee on 

14 Armed Services of the House of Representa15 tives; 

16 ‘‘(2) the term ‘bioforensic’ means the scientific 

17 discipline dedicated to analyzing evidence from a bio18 terrorism act, biological agent or toxin based crimi19 nal act, or inadvertent biological agent or toxin re20 lease for attribution purposes; 

21 ‘‘(3) the term ‘National Bioforensics Analysis 

22 Center’ means the National Bioforensics Analysis 

23 Center established under subsection (b); 


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1 ‘‘(4) the term ‘national bioforensics repository 

2 collection’ means the national bioforensics repository 

3 collection established under subsection (c)(1); and 

4 ‘‘(5) the term ‘national bioforensics strategy’ 

5 means the national bioforensics strategy developed 

6 under subsection (d)(1). 

7 ‘‘(b) NATIONAL BIOFORENSICS ANALYSIS CEN8 TER.—There is in the Department a National Bioforensics 

9 Analysis Center which shall— 

10 ‘‘(1) serve as the lead Federal facility to con11 duct and facilitate bioforensic analysis in support of 

12 the executive agency with primary responsibility for 

13 responding to the biological incident; 

14 ‘‘(2) maintain the national bioforensics reposi15 tory collection as a reference collection of biological 

16 agents and toxins for comparative bioforensic identi17 fications; and 

18 ‘‘(3) support threat agent characterization stud19 ies and bioforensic assay development. 

20 ‘‘(c) NATIONAL BIOFORENSIC REPOSITORY COLLEC21 TION.— 

22 ‘‘(1) IN GENERAL.—The National Bioforensics 

23 Analysis Center shall maintain a national 

24 bioforensics repository collection. 


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1 ‘‘(2) ACTIVITIES.—The national bioforensics re2 pository collection shall— 

3 ‘‘(A) receive, store, and distribute biologi4 cal threat agents and toxins and related biologi5 cal agents and toxins; 

6 ‘‘(B) serve as a reference collection for 

7 comparative bioforensic identifications; and 

8 ‘‘(C) support threat agent characterization 

9 studies and bioforensic assay development. 

10 ‘‘(3) PARTICIPATION.— 

11 ‘‘(A) IN GENERAL.—The Secretary, the 

12 Attorney General, the Secretary of Health and 

13 Human Services, the Secretary of Agriculture, 

14 the Secretary of Defense, and the head of any 

15 other appropriate executive agency with a bio16 logical agent or toxin collection that is useful 

17 for the bioforensic analysis of biological inci18 dents, performance of biological threat agent 

19 characterization studies, or development of bio20 forensic assays shall provide all relevant biologi21 cal agents and toxins, as determined by the 

22 Secretary, which shall not include any variola 

23 virus, to the national bioforensics repository col24 lection. 


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1 ‘‘(B) OTHER BIOLOGICAL AGENTS AND

2 TOXINS.—The Secretary shall encourage the 

3 contribution of public and private biological 

4 agent and toxin collections to the national 

5 bioforensics repository collection that were col6 lected or created with support from a Federal 

7 grant or contract and that support the func8 tions described in paragraph (2). 

9 ‘‘(4) ACCESS.—The Secretary shall— 

10 ‘‘(A) provide an executive agency that sub11 mits a biological agent or toxin to the national 

12 bioforensics repository collection with access to 

13 the national bioforensics repository collection; 

14 and 

15 ‘‘(B) establish a mechanism to provide 

16 public and private entities with access to the 

17 national bioforensics repository collection, as 

18 appropriate, for academic analysis of a biologi19 cal agent or toxin in the national bioforensics 

20 repository collection. 

21 ‘‘(5) REPORT.— 

22 ‘‘(A) IN GENERAL.—Not later than 180 

23 days after the date of enactment of this section, 

24 the Secretary, in consultation with the Attorney 

25 General, the Secretary of Health and Human 


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1 Services, the Secretary of Agriculture, the Sec2 retary of Defense, and the head of any other 

3 appropriate executive agency that will partici4 pate in or contribute to the national 

5 bioforensics repository collection, shall submit 

6 to the appropriate committees of Congress a re7 port regarding the national bioforensics reposi8 tory collection. 

9 ‘‘(B) CONTENTS.—The report submitted 

10 under subparagraph (A) shall— 

11 ‘‘(i) discuss the status of the estab12 lishment of the national bioforensics repos13 itory collection; 

14 ‘‘(ii) identify domestic and inter15 national biological agent and toxin collec16 tions that would prove useful in carrying 

17 out the functions of the national 

18 bioforensics repository collection; 

19 ‘‘(iii) examine any access or participa20 tion issues affecting the establishment of 

21 the national bioforensics repository collec22 tion or the ability to support bioforensic 

23 analysis, threat characterization studies, or 

24 bioforensic assay development, including— 


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1 ‘‘(I) intellectual property con2 cerns; 

3 ‘‘(II) access to collected or cre4 ated biological agent or toxin collec5 tions funded by a Federal grant or 

6 contract; 

7 ‘‘(III) costs for the national 

8 bioforensics repository collection asso9 ciated with accessing domestic and 

10 international biological agent and 

11 toxin collections; 

12 ‘‘(IV) costs incurred by domestic 

13 and international biological agent and 

14 toxin collections to allow broad access 

15 or contribute biological agents or tox16 ins to the national bioforensics reposi17 tory collection; and 

18 ‘‘(V) access to the national 

19 bioforensics repository collection by 

20 public and private researchers to sup21 port threat characterization studies 

22 and bioforensic assay development; 

23 and 

24 ‘‘(iv) other issues determined appro25 priate by the Secretary. 


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1 ‘‘(d) NATIONAL BIOFORENSIC STRATEGY.— 

2 ‘‘(1) IN GENERAL.—The Secretary, in coordina3 tion with the Attorney General, the Secretary of 

4 Health and Human Services, the Secretary of Agri5 culture, the Secretary of Defense, and the head of 

6 any other appropriate executive agency, as deter7 mined by the Secretary, shall develop, coordinate, 

8 and maintain a national bioforensics strategy. 

9 ‘‘(2) CONTENTS.—The national bioforensics 

10 strategy shall— 

11 ‘‘(A) provide for a coordinated approach 

12 across all executive agencies with responsibil13 ities for analyzing evidence from a bioterrorism 

14 act, biological agent or toxin based criminal act, 

15 or inadvertent biological agent or toxin release 

16 for attribution purposes; 

17 ‘‘(B) describe the roles and responsibilities 

18 of all relevant executive agencies; 

19 ‘‘(C) establish mechanisms, in coordination 

20 with State, local, and tribal governments, for 

21 coordinating with law enforcement agencies in 

22 analyzing bioforensic evidence; 

23 ‘‘(D) include guidance for collecting, proc24 essing, and analyzing samples; and 


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1 ‘‘(E) provide for a coordinated approach 

2 across all executive agencies to support threat 

3 agent characterization research, funding, and 

4 assay development. 

5 ‘‘(3) REPORT.—Not later than 180 days after 

6 the date of enactment of this section, the Secretary, 

7 in consultation with the Attorney General, the Sec8 retary of Health and Human Services, the Secretary 

9 of Agriculture, the Secretary of Defense, and the 

10 head of any other appropriate executive agency, as 

11 determined by the Secretary, shall submit to the ap12 propriate committees of Congress the national 

13 bioforensics strategy. 

14 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as may be 

16 necessary to carry out this section.’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

18 The table of contents in section 1(b) of the Homeland Se19 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

20 inserting after the item relating to section 320, as added 

21 by section 205 of this Act, the following: 

‘‘Sec. 321. Bioforensics capabilities and strategy.’’. 


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1 Subtitle C—Communications 

2 Planning 

3 SEC. 221. COMMUNICATIONS PLANNING. 

4 (a) IN GENERAL.—Title V of the Homeland Security 

5 Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 

6 at the end the following: 

7 ‘‘SEC. 525. COMMUNICATIONS PLANNING. 

8 ‘‘(a) INCORPORATION OF COMMUNICATIONS

9 PLANS.— 

10 ‘‘(1) IN GENERAL.—The Secretary, acting 

11 through the Administrator of the Federal Emer12 gency Management Agency, shall incorporate into 

13 each operational plan developed under sections 

14 653(a)(4) and 653(b) of the Post-Katrina Emer15 gency Management Reform Act of 2006 (6 U.S.C. 

16 701 note) a communications plan for providing in17 formation to the public related to preventing, pre18 paring for, protecting against, and responding to im19 minent natural disasters, acts of terrorism, and 

20 other man-made disasters, including incidents involv21 ing the use of weapons of mass destruction and 

22 other potentially catastrophic events. 

23 ‘‘(2) CONSULTATION.—In developing commu24 nications plans under paragraph (1), the Adminis25 trator shall consult with State, local, and tribal govVerDate Nov 24 2008 01:04 Sep 09, 2009 Jkt 079200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S1649.IS S1649

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1 ernments and coordinate, as the Administrator con2 siders appropriate, with other Federal departments 

3 and agencies that have responsibilities under the Na4 tional Response Framework and other relevant Fed5 eral departments and agencies. 

6 ‘‘(b) PRESCRIPTED MESSAGES AND MESSAGE TEM7 PLATES.— 

8 ‘‘(1) IN GENERAL.—As part of the communica9 tion plans, the Administrator shall develop 

10 prescripted messages or message templates, as ap11 propriate, to be included in the plans to be provided 

12 to State, local, and tribal officials so that those offi13 cials can quickly and rapidly disseminate critical in14 formation to the public in anticipation or in the im15 mediate aftermath of a disaster or incident. 

16 ‘‘(2) DEVELOPMENT AND DESIGN.—The 

17 prescripted messages or message templates shall— 

18 ‘‘(A) be developed, as the Administrator 

19 determines appropriate, in consultation with 

20 State, local, and tribal governments and in co21 ordination with other Federal departments and 

22 agencies that have responsibilities under the 

23 National Response Framework and other rel24 evant Federal departments and agencies; 


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1 ‘‘(B) be designed to provide accurate, es2 sential, and appropriate information and in3 structions to the population directly affected by 

4 a disaster or incident, including information re5 lated to evacuation, sheltering in place, and 

6 issues of immediate health and safety; and 

7 ‘‘(C) be designed to provide accurate, es8 sential, and appropriate technical information 

9 and instructions to emergency response pro10 viders and medical personnel responding to a 

11 disaster or incident. 

12 ‘‘(c) COMMUNICATIONS FORMATS.—In developing the 

13 prescripted messages or message templates required under 

14 subsection (b), the Administrator shall develop each such 

15 prescripted message or message template in multiple for16 mats to ensure delivery— 

17 ‘‘(1) in cases where the usual communications 

18 infrastructure is unusable as a result of the nature 

19 of a disaster or incident; and 

20 ‘‘(2) to individuals with disabilities or other spe21 cial needs and individuals with limited English pro22 ficiency in accordance with section 616 of the Post23 Katrina Emergency Management Reform Act of 

24 2006 (6 U.S.C. 701 note). 


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1 ‘‘(d) DISSEMINATION AND TECHNICAL ASSIST2 ANCE.—The Administrator shall ensure that all 

3 prescripted messages and message templates developed 

4 under this section are made available to State, local, and 

5 tribal governments so that those governments may incor6 porate them, as appropriate, into their emergency plans. 

7 The Administrator shall also make available relevant tech8 nical assistance to those governments to support commu9 nications planning. 

10 ‘‘(e) EXERCISES.—To ensure that the prescripted 

11 messages or message templates developed under this sec12 tion can be effectively utilized in a disaster or incident, 

13 the Administrator shall incorporate such prescripted mes14 sages or message templates into exercises conducted under 

15 the National Exercise Program described in section 648 

16 of the Post-Katrina Emergency Management Reform Act 

17 of 2006 (6 U.S.C. 701 note). 

18 ‘‘(f) REPORT.—Not later than 1 year after the date 

19 of the enactment of this section, the Administrator shall 

20 submit to the Committee on Homeland Security and Gov21 ernmental Affairs of the Senate and the Committee on 

22 Homeland Security of the House of Representatives a copy 

23 of the communications plans required to be developed 

24 under this section, including prescripted messages or mes25 sage templates developed in conjunction with the plans 


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1 and a description of the means that will be used to deliver 

2 such messages in a natural disaster, act of terrorism, or 

3 other man-made disaster.’’. 

4 (b) TABLE OF CONTENTS.—The table of contents in 

5 section 1(b) of the Homeland Security Act of 2002 (6 

6 U.S.C. 101) is amended by inserting after the item relat7 ing to section 524 the following: 

‘‘Sec. 525. Communications planning.’’. 

8 SEC. 222. PLUME MODELING. 

9 (a) DEFINITIONS.—In this section— 

10 (1) the term ‘‘appropriate committees of Con11 gress’’ means— 

12 (A) the Committee on Homeland Security 

13 and Governmental Affairs, the Committee on 

14 Energy and Natural Resources, the Committee 

15 on Armed Services, and the Committee on 

16 Health, Education, Labor, and Pensions of the 

17 Senate; and 

18 (B) the Committee on Homeland Security, 

19 the Committee on Energy and Commerce, and 

20 the Committee on Armed Services of the House 

21 of Representatives; 

22 (2) the term ‘‘executive agency’’ has the mean23 ing given that term in section 2 of the Homeland 

24 Security Act of 2002 (6 U.S.C. 101); 


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1 (3) the term ‘‘integrated plume model’’ means 

2 a plume model that integrates protective action guid3 ance and other information as the Secretary of 

4 Homeland Security determines appropriate; and 

5 (4) the term ‘‘plume model’’ means the assess6 ment of the location and prediction of the spread of 

7 nuclear, radioactive, or chemical fallout and biologi8 cal pathogens resulting from an explosion or release 

9 of nuclear, radioactive, chemical, or biological sub10 stances. 

11 (b) DEVELOPMENT.— 

12 (1) IN GENERAL.—The Secretary of Homeland 

13 Security shall develop and disseminate integrated 

14 plume models to enable rapid response activities fol15 lowing a nuclear, radiological, chemical, or biological 

16 explosion or release. 

17 (2) SCOPE.—The Secretary of Homeland Secu18 rity shall— 

19 (A) ensure the rapid development and dis20 tribution of integrated plume models to appro21 priate officials of the Federal Government and 

22 State, local, and tribal governments to enable 

23 immediate response to a nuclear, radiological, 

24 chemical, or biological incident; and 


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1 (B) establish mechanisms for dissemina2 tion by appropriate emergency response officials 

3 of the integrated plume models described in 

4 paragraph (1) to nongovernmental organiza5 tions and the public to enable appropriate re6 sponse activities by individuals. 

7 (3) CONSULTATION WITH OTHER DEPART8 MENTS AND AGENCIES.—In developing the inte9 grated plume models described in this section, the 

10 Secretary of Homeland Security shall consult, as ap11 propriate, with— 

12 (A) the Secretary of Energy, the Secretary 

13 of Defense, the Secretary of Health and Human 

14 Services, and the heads of other executive agen15 cies determined appropriate by the Secretary of 

16 Homeland Security; and 

17 (B) State, local, and tribal governments 

18 and nongovernmental organizations. 

19 (c) EXERCISES.—The Secretary of Homeland Secu20 rity shall ensure that the development and dissemination 

21 of integrated plume models are assessed during exercises 

22 administered by the Department of Homeland Security. 

23 (d) REPORTING.—Not later than 180 days after the 

24 date of enactment of this Act, and every year thereafter, 


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1 the Secretary of Homeland Security shall submit to the 

2 appropriate committees of Congress a report regarding— 

3 (1) the development and dissemination of inte4 grated plume models under this section; and 

5 (2) lessons learned from assessing the develop6 ment and dissemination of integrated plume models 

7 during exercises administered by the Department of 

8 Homeland Security, and plans for improving the de9 velopment and dissemination of integrated plume 

10 models, as appropriate. 

11 TITLE III—INTERNATIONAL 

12 MEASURES TO PREVENT BIO13 LOGICAL TERRORISM 

14 Subtitle A—Prevention and Protec15 tion Against International Bio16 logical Threats 

17 SEC. 301. INTERNATIONAL THREAT ASSESSMENT: TIER I 

18 PATHOGEN FACILITIES. 

19 (a) REVIEW.—Not later than 6 months after the date 

20 of the enactment of this Act, the Director of National In21 telligence, in coordination with the Secretary of State, the 

22 Secretary of Homeland Security, the Secretary of Health 

23 and Human Services, the Secretary of Agriculture, and 

24 the heads of other appropriate Federal agencies, shall 


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1 complete a global review of international biological secu2 rity threats to the United States. 

3 (b) CONTENT.—The review under this section shall— 

4 (1) assess global biological risks, including by 

5 describing regions or countries with the greatest bio6 logical security risk, taking into account factors such 

7 as— 

8 (A) the presence and capabilities of a for9 eign terrorist organization; 

10 (B) the location of highest risk pathogen 

11 collections; and 

12 (C) the location of biological laboratories 

13 operating with inadequate security measures; 

14 and 

15 (2) assess any gaps in knowledge about inter16 national biosecurity threats. 

17 (c) UPDATES.—The Director shall update the review 

18 under this section as new or revised intelligence becomes 

19 available, but not less frequently than biennially. 

20 (d) SUBMISSION OF REVIEW OR UPDATE.—Not later 

21 than 6 months after the date of the enactment of this Act, 

22 and biennially thereafter, the Director shall submit the 

23 classified review or update to— 

24 (1) the Select Committee on Intelligence of the 

25 Senate; 


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1 (2) the Committee on Armed Services of the 

2 Senate; 

3 (3) the Permanent Select Committee on Intel4 ligence of the House of Representatives; and 

5 (4) the Committee on Armed Services of the 

6 House of Representatives. 

7 (e) SUBMISSION OF UNCLASSIFIED SUMMARY AND

8 CLASSIFIED ANNEX.—Not later than 6 months after the 

9 date of the enactment of this Act, and biennially there10 after, the Director shall submit an unclassified report and 

11 a classified annex summarizing the review or update to— 

12 (1) the Committee on Agriculture of the Senate; 

13 (2) the Committee on Health, Education, 

14 Labor, and Pensions of the Senate; 

15 (3) the Committee on Homeland Security and 

16 Governmental Affairs of the Senate; 

17 (4) the Committee on Agriculture of the House 

18 of the Representatives; 

19 (5) the Committee on Energy and Commerce of 

20 the House of Representatives; and 

21 (6) the Committee on Homeland Security of the 

22 House of Representatives. 

23 (f) SUNSET DATE.—The requirements specified in 

24 subsections (c), (d), and (e) of this section shall terminate 

25 four years after the date of the enactment of this Act. 


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1 SEC. 302. STRENGTHENING INTERNATIONAL BIOSECURITY. 

2 (a) TECHNICAL AND FINANCIAL ASSISTANCE AU3 THORIZED.—The Secretary of State, in coordination with 

4 the Secretary of Health and Human Services, the Sec5 retary of Agriculture, the Secretary of Homeland Security, 

6 and other appropriate agencies, shall provide technical and 

7 financial assistance, including the activities described in 

8 subsection (b), to countries or regions identified by the 

9 Threat Assessment mandated in section 301. 

10 (b) AUTHORIZED ACTIVITIES.— 

11 (1) REDUCING AND SECURING DANGEROUS

12 PATHOGEN COLLECTIONS.—The Secretary of State 

13 shall— 

14 (A) provide assistance to remove or con15 solidate an agent or toxin designated as a Tier 

16 I agent under section 351A(a)(2) of the Public 

17 Health Service Act or section 212(a)(2) of the 

18 Agricultural Bioterrorism Protection Act of 

19 2002 (in this subtitle referred to as a ‘‘Tier I 

20 agent’’) and other dangerous pathogen collec21 tions spread among multiple locations within a 

22 country or region into facilities with appropriate 

23 safety and security; 

24 (B) provide assistance to replace dan25 gerous or obsolete pathogen isolation techniques 

26 with modern diagnostic tools to improve safety 


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1 and security and to reduce the number and size 

2 of dangerous pathogen collections in high risk 

3 regions and countries; 

4 (C) encourage countries to eliminate stores 

5 of Tier I agents and other dangerous pathogen 

6 collections in exchange for facilitating access to 

7 state-of-the-art civilian research at international 

8 facilities; 

9 (D) provide assistance to identify and se10 cure Tier I agents and other dangerous patho11 gen collections in high risk regions and coun12 tries; and 

13 (E) carry out such other activities as the 

14 Secretary of State considers necessary to 

15 achieve the purposes of this subtitle. 

16 (2) PREVENTION AND PROTECTION.—The Sec17 retary of State shall— 

18 (A) raise awareness of international bio19 logical threats with foreign governments, aca20 demic institutions, and industrial laboratories 

21 handling Tier I agents and other dangerous 

22 pathogen collections through conferences, semi23 nars and workshops; 

24 (B) provide physical security upgrades at 

25 high risk laboratories; 


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1 (C) train foreign partners in high risk re2 gions on best laboratory biosecurity practices 

3 within facilities handling Tier I agents and 

4 other dangerous pathogen collections; 

5 (D) assist foreign countries in establishing 

6 personnel reliability measures, as part of a com7 prehensive laboratory management system; 

8 (E) partner with foreign governments, lab9 oratories, and scientists in activities that 

10 strengthen and reinforce best biological safety 

11 and security practices within facilities handling 

12 Tier I agents and other dangerous pathogen 

13 collections; 

14 (F) enhance information sharing through 

15 regular meetings of relevant United States and 

16 foreign government agencies with subject mat17 ter expertise on pathogen security and labora18 tory best practices in high risk regions; 

19 (G) increase support for United States 

20 science and technology agreements and initia21 tives in high risk regions and countries, includ22 ing collaborative projects in the areas of bioter23 rorism prevention, infectious disease control, 

24 disease surveillance, bioforensics, laboratory bio25 safety, and hazardous waste management; and 


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1 (H) develop laboratory biosafety and bio2 security standards and guidelines, including 

3 personnel reliability measures, for facilities han4 dling Tier I agents and other dangerous patho5 gen collections. 

6 (3) SCIENCE AND TECHNOLOGY EXCHANGE.— 

7 The Secretary of State shall— 

8 (A) promote research and development col9 laboration on highly infectious human, animal 

10 and plant disease agents in facilities with ap11 propriate safety and security measures; 

12 (B) provide opportunities for foreign sci13 entists, particularly those located in highest risk 

14 countries identified in section 301, to receive 

15 training in the United States on biological safe16 ty and security best practices, standard oper17 ating procedures, and maintenance for high 

18 containment facilities; and 

19 (C) facilitate the secure exchange of re20 search samples between laboratories in the 

21 United States and foreign national laboratories 

22 for the development of vaccines and diagnostics 

23 for Tier I agents and other dangerous patho24 gens. 


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1 SEC. 303. PROMOTING SECURE BIOTECHNOLOGY ADVANCE2 MENT. 

3 (a) PLAN TO PROMOTE INTERNATIONAL ADHER4 ENCE TO INTERNATIONAL AGREEMENTS.—The Secretary 

5 of State, in coordination with appropriate agencies, shall 

6 produce and implement a plan for promoting international 

7 adherence to, and implementation of, frameworks, trea8 ties, and other international agreements regarding weap9 ons of mass destruction, including the Biological Weapons 

10 Convention, World Health Organization International 

11 Health regulations, and United Nations Security Council 

12 Resolution 1540. 

13 (b) BIOTECHNOLOGY DISCUSSIONS.— 

14 (1) IN GENERAL.—The Secretary of State shall 

15 pursue discussions with government, academic, and 

16 industry representatives in countries that possess es17 tablished or emerging biotechnology sectors or are 

18 identified as high-risk countries in the Threat As19 sessment required under section 301. 

20 (2) TOPICS.—Topics to be discussed under 

21 paragraph (1) shall include— 

22 (A) multilateral initiatives intended to pro23 mote safe and secure biotechnology; 

24 (B) norms and safeguards necessary to 

25 prevent the misuse of biotechnology; 


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1 (C) multilateral initiatives intended to 

2 counter the threat of biological terrorism; and 

3 (D) other topics on international biosecu4 rity that the Secretary of State considers to be 

5 relevant. 

6 Subtitle B—Global Pathogen 

7 Surveillance 

8 SEC. 321. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Global Pathogen 

10 Surveillance Act of 2009’’. 

11 SEC. 322. FINDINGS; PURPOSE. 

12 (a) FINDINGS.—Congress makes the following find13 ings: 

14 (1) The frequency of the occurrence of biologi15 cal events that could threaten the national security 

16 of the United States has increased and is likely in17 creasing. The threat to the United States from such 

18 events includes threats from diseases that infect hu19 mans, animals, or plants regardless of whether such 

20 diseases are introduced naturally, accidentally, or in21 tentionally. 

22 (2) Bioterrorism poses a grave national security 

23 threat to the United States. The insidious nature of 

24 a bioterrorist attack, the likelihood that the recogni25 tion of such an attack would be delayed, and the 


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1 underpreparedness of the domestic public health in2 frastructure to respond to such an attack could re3 sult in catastrophic consequences following a biologi4 cal weapons attack against the United States. 

5 (3) The ability to recognize that a country or 

6 organization is carrying out a covert biological weap7 ons program is dependent on a number of indica8 tions and warnings. A critical component of this rec9 ognition is the timely detection of sentinel events 

10 such as community-level outbreaks that could be the 

11 earliest indication of an emerging bioterrorist pro12 gram in a foreign country. Early detection of such 

13 events may enable earlier counterproliferation inter14 vention. 

15 (4) A contagious pathogen engineered as a bio16 logical weapon and developed, tested, produced, or 

17 released in a foreign country could quickly spread to 

18 the United States. Considering the realities of inter19 national travel, trade, and migration patterns, a 

20 dangerous pathogen appearing naturally, acciden21 tally, or intentionally anywhere in the world can 

22 spread to the United States in a matter of days, be23 fore any effective quarantine or isolation measures 

24 could be implemented. 


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1 (5) To combat bioterrorism effectively and en2 sure that the United States is fully prepared to pre3 vent, recognize, and contain a biological weapons at4 tack or emerging infectious disease, measures to 

5 strengthen the domestic public health infrastructure 

6 and improve domestic event detection, surveillance, 

7 and response, while absolutely essential, are not suf8 ficient. 

9 (6) The United States should enhance coopera10 tion with the World Health Organization, regional 

11 international health organizations, and individual 

12 countries, including data sharing with appropriate 

13 agencies and departments of the United States, to 

14 help detect and quickly contain infectious disease 

15 outbreaks or a bioterrorism agent before such a dis16 ease or agent is spread. 

17 (7) The World Health Organization has done 

18 an impressive job in monitoring infectious disease 

19 outbreaks around the world, notably in the April 

20 2000 establishment and subsequent operation of the 

21 Global Outbreak Alert and Response Network. 

22 (8) The capabilities of the World Health Orga23 nization depend on the timeliness and quality of the 

24 data and information the Organization receives from 

25 the countries that are members of the Organization, 


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1 pursuant to the 2005 revision of the International 

2 Health Regulations. Developing countries, in par3 ticular, often lack the necessary resources to build 

4 and maintain effective public health infrastructures. 

5 (9) Developing countries could benefit from— 

6 (A) better trained public health profes7 sionals and epidemiologists to recognize disease 

8 patterns; 

9 (B) appropriate laboratory equipment for 

10 diagnosis of pathogens; 

11 (C) disease reporting systems that— 

12 (i) are based on disease and syndrome 

13 surveillance; and 

14 (ii) could enable an effective response 

15 to a biological event to begin at the earliest 

16 possible opportunity; 

17 (D) a narrowing of the existing technology 

18 gap in disease and syndrome surveillance capa19 bilities, based on reported symptoms, and real20 time information dissemination to public health 

21 officials; and 

22 (E) appropriate communications equip23 ment and information technology to efficiently 

24 transmit information and data within national, 

25 international regional, and international health 


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1 networks, including inexpensive, Internet-based 

2 geographic information systems and relevant 

3 telephone-based systems for early recognition 

4 and diagnosis of diseases. 

5 (10) An effective international capability to de6 tect, monitor, and quickly diagnose infectious disease 

7 outbreaks will offer dividends not only in the event 

8 of biological weapons development, testing, produc9 tion, and attack, but also in the more likely cases of 

10 naturally occurring infectious disease outbreaks that 

11 could threaten the United States. Furthermore, a 

12 robust surveillance system will serve to deter or con13 tain terrorist use of biological weapons, mitigating 

14 the intended effects of such malevolent uses. 

15 (b) PURPOSES.—The purposes of this subtitle are as 

16 follows: 

17 (1) To enhance the capability of the inter18 national community, through international health or19 ganizations and individual countries, to detect, iden20 tify, and contain infectious disease outbreaks, wheth21 er the cause of those outbreaks is intentional human 

22 action or natural in origin. 

23 (2) To enhance the training of public health 

24 professionals and epidemiologists from eligible devel25 oping countries in advanced Internet-based disease 


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1 and syndrome surveillance systems, in addition to 

2 traditional epidemiology methods, so that such pro3 fessionals and epidemiologists may better detect, di4 agnose, and contain infectious disease outbreaks, es5 pecially such outbreaks caused by the pathogens that 

6 may be likely to be used in a biological weapons at7 tack. 

8 (3) To provide assistance to eligible developing 

9 countries to purchase appropriate communications 

10 equipment and information technology to detect, 

11 analyze, and report biological threats, including— 

12 (A) relevant computer equipment, Internet 

13 connectivity mechanisms, and telephone-based 

14 applications to effectively gather, analyze, and 

15 transmit public health information for infec16 tious disease surveillance and diagnosis; and 

17 (B) appropriate computer equipment and 

18 Internet connectivity mechanisms— 

19 (i) to facilitate the exchange of Geo20 graphic Information Systems-based disease 

21 and syndrome surveillance information; 

22 and 

23 (ii) to effectively gather, analyze, and 

24 transmit public health information for in25 fectious disease surveillance and diagnosis. 


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1 (4) To make available greater numbers of pub2 lic health professionals who are employed by the 

3 Government of the United States to international re4 gional and international health organizations, inter5 national regional and international health networks, 

6 and United States diplomatic missions, as appro7 priate. 

8 (5) To expand the training and outreach activi9 ties of United States laboratories located in foreign 

10 countries, including the Centers for Disease Control 

11 and Prevention or Department of Defense labora12 tories, to enhance the public health capabilities of 

13 developing countries. 

14 (6) To provide appropriate technical assistance 

15 to existing international regional and international 

16 health networks and, as appropriate, seed money for 

17 new international regional and international net18 works. 

19 SEC. 323. DEFINITIONS. 

20 In this subtitle: 

21 (1) ELIGIBLE DEVELOPING COUNTRY.—The 

22 term ‘‘eligible developing country’’ means any devel23 oping country that— 

24 (A) has agreed to the objective of fully 

25 complying with requirements of the World 


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1 Health Organization on reporting public health 

2 information on outbreaks of infectious diseases; 

3 (B) has not been determined by the Sec4 retary of State, for purposes of section 40 of 

5 the Arms Export Control Act (22 U.S.C. 2780), 

6 section 620A of the Foreign Assistance Act of 

7 1961 (22 U.S.C. 2371), or section 6(j) of the 

8 Export Administration Act of 1979 (as in effect 

9 pursuant to the International Emergency Eco10 nomic Powers Act; 50 U.S.C. 1701 et seq.), to 

11 have repeatedly provided support for acts of 

12 international terrorism, unless the Secretary of 

13 State exercises a waiver certifying that it is in 

14 the national interest of the United States to 

15 provide assistance under the provisions of this 

16 subtitle; and 

17 (C) is a party to the Convention on the 

18 Prohibition of the Development, Production and 

19 Stockpiling of Bacteriological (Biological) and 

20 Toxin Weapons and on Their Destruction, done 

21 at Washington, London, and Moscow April 10, 

22 1972 (26 UST 583). 

23 (2) ELIGIBLE NATIONAL.—The term ‘‘eligible 

24 national’’ means any citizen or national of an eligible 

25 developing country who— 


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1 (A) does not have a criminal background; 

2 (B) is not on any immigration or other 

3 United States watch list; and 

4 (C) is not affiliated with any foreign ter5 rorist organization. 

6 (3) INTERNATIONAL HEALTH ORGANIZATION.— 

7 The term ‘‘international health organization’’ in8 cludes the World Health Organization, regional of9 fices of the World Health Organization, and such 

10 similar international organizations as the Pan Amer11 ican Health Organization. 

12 (4) LABORATORY.—The term ‘‘laboratory’’ 

13 means a facility for the biological, microbiological, 

14 serological, chemical, immunohematological, 

15 hematological, biophysical, cytological, pathological, 

16 or other medical examination of materials derived 

17 from the human body for the purpose of providing 

18 information for the diagnosis, prevention, or treat19 ment of any disease or impairment of, or the assess20 ment of the health of, human beings. 

21 (5) DISEASE AND SYNDROME SURVEILLANCE.— 

22 The term ‘‘disease and syndrome surveillance’’ 

23 means the recording of clinician-reported symptoms 

24 (patient complaints) and signs (derived from phys25 ical examination and laboratory data) combined with 


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1 simple geographic locators to track the emergence of 

2 a disease in a population. 

3 SEC. 324. ELIGIBILITY FOR ASSISTANCE. 

4 (a) IN GENERAL.—Except as provided in subsection 

5 (b), assistance may be provided to an eligible developing 

6 country under any provision of this subtitle only if the gov7 ernment of the eligible developing country— 

8 (1) permits personnel from the World Health 

9 Organization and the Centers for Disease Control 

10 and Prevention to investigate outbreaks of infectious 

11 diseases within the borders of such country; and 

12 (2) provides pathogen surveillance data to the 

13 appropriate agencies and departments of the United 

14 States and to international health organizations. 

15 (b) WAIVER.—The Secretary of State may waive the 

16 prohibition set out in subsection (a) if the Secretary of 

17 State determines that it is in the national interest of the 

18 United States to provide such a waiver. 

19 (c) PRIOR NOTICE OF WAIVERS.—A waiver pursuant 

20 to subsection (b) may not be executed until 15 days after 

21 the Secretary of State provides to the Committee on For22 eign Relations of the Senate and the Committee on For23 eign Affairs of the House of Representatives written notice 

24 of the intent to issue such waiver and the reasons for 

25 doing so. 


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1 SEC. 325. RESTRICTION. 

2 (a) IN GENERAL.—Notwithstanding any other provi3 sion of this subtitle, no foreign national participating in 

4 a program authorized under this subtitle shall have access, 

5 during the course of such participation, to a select agent 

6 or toxin described in section 73.4 of title 42, Code of Fed7 eral Regulations (or any corresponding similar regulation) 

8 or an overlap select agent or toxin described in section 

9 73.5 of such title (or any corresponding similar regulation) 

10 that may be used as, or in, a biological weapon, except 

11 in a supervised and controlled setting. 

12 (b) RELATIONSHIP TO REGULATIONS.—The restric13 tion set out in subsection (a) may not be construed to limit 

14 the ability of the Secretary of Health and Human Services 

15 to prescribe, through regulation, standards for the han16 dling of a select agent or toxin or an overlap select agent 

17 or toxin described in such subsection. 

18 SEC. 326. FELLOWSHIP PROGRAM. 

19 (a) ESTABLISHMENT.—There is established a fellow20 ship program under which the Secretary of State, in con21 sultation with the Secretary of Health and Human Serv22 ices and the Secretary of Homeland Security and subject 

23 to the availability of appropriations, shall award fellow24 ships to eligible nationals to pursue public health edu25 cation or training, as follows: 


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1 (1) MASTER OF PUBLIC HEALTH DEGREE.— 

2 Graduate courses of study leading to a master of 

3 public health degree with a concentration in epidemi4 ology from an institution of higher education in the 

5 United States with a Center for Public Health Pre6 paredness, as determined by the Director of the Cen7 ters for Disease Control and Prevention. 

8 (2) ADVANCED PUBLIC HEALTH EPIDEMIOLOGY

9 TRAINING.—Advanced public health training in epi10 demiology for public health professionals from eligi11 ble developing countries to be carried out at the 

12 Centers for Disease Control and Prevention, an ap13 propriate facility of a State, or an appropriate facil14 ity of another agency or department of the United 

15 States (other than a facility of the Department of 

16 Defense or a national laboratory of the Department 

17 of Energy) for a period of not less than 6 months 

18 or more than 12 months. 

19 (b) SPECIALIZATION IN BIOTERRORISM RE20 SPONSE.—In addition to the education or training speci21 fied in subsection (a), each recipient of a fellowship under 

22 this section (in this section referred to as a ‘‘fellow’’) may 

23 take courses of study at the Centers for Disease Control 

24 and Prevention or at an equivalent facility on diagnosis 

25 and containment of likely bioterrorism agents. 


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1 (c) FELLOWSHIP AGREEMENT.— 

2 (1) IN GENERAL.—A fellow shall enter into an 

3 agreement with the Secretary of State under which 

4 the fellow agrees— 

5 (A) to maintain satisfactory academic 

6 progress, as determined in accordance with reg7 ulations issued by the Secretary of State and 

8 confirmed in regularly scheduled updates to the 

9 Secretary of State from the institution pro10 viding the education or training on the progress 

11 of the fellow’s education or training; 

12 (B) upon completion of such education or 

13 training, to return to the fellow’s country of na14 tionality or last habitual residence (so long as 

15 it is an eligible developing country) and com16 plete at least 4 years of employment in a public 

17 health position in the government or a non18 governmental, not-for-profit entity in that coun19 try or, with the approval of the Secretary of 

20 State, complete part or all of this requirement 

21 through service with an international health or22 ganization without geographic restriction; and 

23 (C) that, if the fellow is unable to meet the 

24 requirements described in subparagraph (A) or 

25 (B), the fellow shall reimburse the United 


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1 States for the value of the assistance provided 

2 to the fellow under the fellowship program, to3 gether with interest at a rate that— 

4 (i) is determined in accordance with 

5 regulations issued by the Secretary of 

6 State; and 

7 (ii) is not higher than the rate gen8 erally applied in connection with other 

9 Federal loans. 

10 (2) WAIVERS.—The Secretary of State may 

11 waive the application of subparagraph (B) or (C) of 

12 paragraph (1) on a case by case basis if the Sec13 retary of State determines that— 

14 (A) it is in the national interest of the 

15 United States to provide such a waiver; or 

16 (B) humanitarian considerations require 

17 such a waiver. 

18 (d) AGREEMENT.—The Secretary of State, in con19 sultation with the Secretary of Health and Human Serv20 ices and the Secretary of Homeland Security, is authorized 

21 to enter into an agreement with the government of an eli22 gible developing country under which such government 

23 agrees— 


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1 (1) to establish a procedure for the nomination 

2 of eligible nationals for fellowships under this sec3 tion; 

4 (2) to guarantee that a fellow will be offered a 

5 professional public health position within the devel6 oping country upon completion of the fellow’s stud7 ies; and 

8 (3) to submit to the Secretary of State a certifi9 cation stating that a fellow has concluded the min10 imum period of employment in a public health posi11 tion required by the fellowship agreement, including 

12 an explanation of how the requirement was met. 

13 (e) PARTICIPATION OF UNITED STATES CITIZENS.— 

14 On a case-by-case basis, the Secretary of State may pro15 vide for the participation of a citizen of the United States 

16 in the fellowship program under the provisions of this sec17 tion if— 

18 (1) the Secretary of State determines that it is 

19 in the national interest of the United States to pro20 vide for such participation; and 

21 (2) the citizen of the United States agrees to 

22 complete, at the conclusion of such participation, at 

23 least 5 years of employment in a public health posi24 tion in an eligible developing country or at an inter25 national health organization. 


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1 (f) USE OF EXISTING PROGRAMS.—The Secretary of 

2 State, with the concurrence of the Secretary of Health and 

3 Human Services, may elect to use existing programs of 

4 the Department of Health and Human Services to provide 

5 the education and training described in subsection (a) if 

6 the requirements of subsections (b), (c), and (d) will be 

7 substantially met under such existing programs. 

8 SEC. 327. IN-COUNTRY TRAINING IN LABORATORY TECH9 NIQUES AND DISEASE AND SYNDROME SUR10 VEILLANCE. 

11 (a) LABORATORY TECHNIQUES.— 

12 (1) IN GENERAL.—The Secretary of State, after 

13 consultation with the Secretary of Health and 

14 Human Services, the Secretary of Defense, and the 

15 Secretary of Homeland Security and in conjunction 

16 with elements of those departments that engage in 

17 activities of this type overseas, and subject to the 

18 availability of appropriations, shall provide assist19 ance for short training courses for eligible nationals 

20 who are laboratory technicians or other public health 

21 personnel in laboratory techniques relating to the 

22 identification, diagnosis, and tracking of pathogens 

23 responsible for possible infectious disease outbreaks. 

24 (2) LOCATION.—The training described in 

25 paragraph (1) shall be held outside the United 


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1 States and may be conducted in facilities of the Cen2 ters for Disease Control and Prevention located in 

3 foreign countries or in Overseas Medical Research 

4 Units of the Department of Defense, as appropriate. 

5 (3) COORDINATION WITH EXISTING PRO6 GRAMS.—The Secretary of State shall coordinate the 

7 training described in paragraph (1), where appro8 priate, with existing programs and activities of inter9 national health organizations. 

10 (b) DISEASE AND SYNDROME SURVEILLANCE.— 

11 (1) IN GENERAL.—The Secretary of State, after 

12 consultation with the Secretary of Health and 

13 Human Services, the Secretary of Defense, and the 

14 Secretary of Homeland Security and in conjunction 

15 with elements of those departments that engage in 

16 activities of this type overseas, and subject to the 

17 availability of appropriations, shall establish and 

18 provide assistance for short training courses for eli19 gible nationals who are health care providers or 

20 other public health personnel in techniques of dis21 ease and syndrome surveillance reporting and rapid 

22 analysis of syndrome information using geographic 

23 information system tools. 

24 (2) LOCATION.—The training described in 

25 paragraph (1) shall be conducted via the Internet or 


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1 in appropriate facilities located in a foreign country, 

2 as determined by the Secretary of State. 

3 (3) COORDINATION WITH EXISTING PRO4 GRAMS.—The Secretary of State shall coordinate the 

5 training described in paragraph (1), where appro6 priate, with existing programs and activities of inter7 national regional and international health organiza8 tions. 

9 SEC. 328. ASSISTANCE FOR THE PURCHASE AND MAINTE10 NANCE OF PUBLIC HEALTH LABORATORY 

11 EQUIPMENT AND SUPPLIES. 

12 (a) AUTHORIZATION.—The President is authorized to 

13 provide, on such terms and conditions as the President 

14 may determine, assistance to eligible developing countries 

15 to purchase and maintain the public health laboratory 

16 equipment and supplies described in subsection (b). 

17 (b) EQUIPMENT AND SUPPLIES COVERED.—The 

18 equipment and supplies described in this subsection are 

19 equipment and supplies that are— 

20 (1) appropriate, to the extent possible, for use 

21 in the intended geographic area; 

22 (2) necessary to collect, analyze, and identify 

23 expeditiously a broad array of pathogen strains, 

24 which may cause disease outbreaks or may be used 

25 in a biological weapon; 


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1 (3) compatible with general standards set forth 

2 by the World Health Organization and, as appro3 priate, the Centers for Disease Control and Preven4 tion, to ensure interoperability with international re5 gional and international public health networks; and 

6 (4) not defense articles, defense services, or 

7 training, as such terms are defined in the Arms Ex8 port Control Act (22 U.S.C. 2751 et seq.). 

9 (c) RULE OF CONSTRUCTION.—Nothing in this sec10 tion shall be construed to exempt the exporting of goods 

11 and technology from compliance with applicable provisions 

12 of the Export Administration Act of 1979 (as in effect 

13 pursuant to the International Emergency Economic Pow14 ers Act; 50 U.S.C. 1701 et seq.). 

15 (d) LIMITATION.—Amounts appropriated to carry 

16 out this section shall not be made available for the pur17 chase from a foreign country of equipment or supplies 

18 that, if made in the United States, would be subject to 

19 the Arms Export Control Act (22 U.S.C. 2751 et seq.) 

20 or likely be barred or subject to special conditions under 

21 the Export Administration Act of 1979 (as in effect pursu22 ant to the International Emergency Economic Powers Act; 

23 50 U.S.C. 1701 et seq.). 

24 (e) PROCUREMENT PREFERENCE.—In the use of 

25 grant funds authorized under subsection (a), preference 


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1 should be given to the purchase of equipment and supplies 

2 of United States manufacture. The use of amounts appro3 priated to carry out this section shall be subject to section 

4 604 of the Foreign Assistance Act of 1961 (22 U.S.C. 

5 2354). 

6 (f) COUNTRY COMMITMENTS.—The assistance pro7 vided under this section for equipment and supplies may 

8 be provided only if the eligible developing country that re9 ceives such equipment and supplies agrees to provide the 

10 infrastructure, technical personnel, and other resources re11 quired to house, maintain, support, secure, and maximize 

12 use of such equipment and supplies. 

13 SEC. 329. ASSISTANCE FOR IMPROVED COMMUNICATION 

14 OF PUBLIC HEALTH INFORMATION. 

15 (a) ASSISTANCE FOR PURCHASE OF COMMUNICATION

16 EQUIPMENT AND INFORMATION TECHNOLOGY.—The 

17 President is authorized to provide, on such terms and con18 ditions as the President may determine, assistance to eligi19 ble developing countries to purchase and maintain the 

20 communications equipment and information technology 

21 described in subsection (b), and the supporting equipment, 

22 necessary to effectively collect, analyze, and transmit pub23 lic health information. 

24 (b) COVERED EQUIPMENT.—The communications 

25 equipment and information technology described in this 


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1 subsection are communications equipment and informa2 tion technology that— 

3 (1) are suitable for use under the particular 

4 conditions of the geographic area of intended use; 

5 (2) meet the standards set forth by the World 

6 Health Organization and, as appropriate, the Sec7 retary of Health and Human Services, to ensure 

8 interoperability with like equipment of other coun9 tries and international organizations; and 

10 (3) are not defense articles, defense services, or 

11 training, as those terms are defined in the Arms Ex12 port Control Act (22 U.S.C. 2751 et seq.). 

13 (c) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed to exempt the exporting of goods 

15 and technology from compliance with applicable provisions 

16 of the Export Administration Act of 1979 (as in effect 

17 pursuant to the International Emergency Economic Pow18 ers Act; 50 U.S.C. 1701 et seq.). 

19 (d) LIMITATION.—Amounts appropriated to carry 

20 out this section shall not be made available for the pur21 chase from a foreign country of communications equip22 ment or information technology that, if made in the 

23 United States, would be subject to the Arms Export Con24 trol Act (22 U.S.C. 2751 et seq.) or likely be barred or 

25 subject to special conditions under the Export AdministraVerDate Nov 24 2008 01:04 Sep 09, 2009 Jkt 079200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S1649.IS S1649

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1 tion Act of 1979 (as in effect pursuant to the Inter2 national Emergency Economic Powers Act; 50 U.S.C. 

3 1701 et seq.). 

4 (e) PROCUREMENT PREFERENCE.—In the use of 

5 grant funds under subsection (a), preference should be 

6 given to the purchase of communications equipment and 

7 information technology of United States manufacture. The 

8 use of amounts appropriated to carry out this section shall 

9 be subject to section 604 of the Foreign Assistance Act 

10 of 1961 (22 U.S.C. 2354). 

11 (f) ASSISTANCE FOR STANDARDIZATION OF REPORT12 ING.—The President is authorized to provide, on such 

13 terms and conditions as the President may determine, 

14 technical assistance and grant assistance to international 

15 health organizations to facilitate standardization in the re16 porting of public health information between and among 

17 developing countries and international health organiza18 tions. 

19 (g) COUNTRY COMMITMENTS.—The assistance pro20 vided under this section for communications equipment 

21 and information technology may be provided only if the 

22 eligible developing country that receives such equipment 

23 and technology agrees to provide the infrastructure, tech24 nical personnel, and other resources required to house, 


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1 maintain, support, secure, and maximize use of such 

2 equipment and technology. 

3 SEC. 330. ASSIGNMENT OF PUBLIC HEALTH PERSONNEL TO 

4 UNITED STATES MISSIONS AND INTER5 NATIONAL ORGANIZATIONS. 

6 (a) IN GENERAL.—Upon the request of the chief of 

7 a diplomatic mission of the United States or of the head 

8 of an international regional or international health organi9 zation, and with the concurrence of the Secretary of State 

10 and of the employee concerned, the head of an agency or 

11 department of the United States may assign to the mis12 sion or the organization any officer or employee of the 

13 agency or department that occupies a public health posi14 tion within the agency or department for the purpose of 

15 enhancing disease and pathogen surveillance efforts in de16 veloping countries. 

17 (b) REIMBURSEMENT.—The costs incurred by an 

18 agency or department of the United States by reason of 

19 the detail of personnel under subsection (a) may be reim20 bursed to that agency or department out of the applicable 

21 appropriations account of the Department of State if the 

22 Secretary of State determines that the agency or depart23 ment may otherwise be unable to assign such personnel 

24 on a non-reimbursable basis. 


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1 SEC. 331. EXPANSION OF CERTAIN UNITED STATES GOV2 ERNMENT LABORATORIES ABROAD. 

3 (a) IN GENERAL.—Subject to the availability of ap4 propriations and with the concurrence of the government 

5 of each host country, the Director of the Centers for Dis6 ease Control and Prevention and the Secretary of Defense 

7 shall each— 

8 (1) increase the number of personnel assigned 

9 to laboratories of the Centers for Disease Control 

10 and Prevention or the Department of Defense, as 

11 appropriate, located in eligible developing countries 

12 that conduct research and other activities with re13 spect to infectious diseases; and 

14 (2) expand the operations of such laboratories, 

15 especially with respect to the implementation of on16 site training of foreign nationals and activities af17 fecting the region in which the country is located. 

18 (b) COOPERATION AND COORDINATION BETWEEN

19 LABORATORIES.—Subsection (a) shall be carried out in 

20 such a manner as to foster cooperation and avoid duplica21 tion between and among laboratories. 


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1 SEC. 332. ASSISTANCE FOR INTERNATIONAL HEALTH NET2 WORKS AND EXPANSION OF FIELD EPIDEMI3 OLOGY TRAINING PROGRAMS. 

4 (a) AUTHORITY.—The President is authorized, on 

5 such terms and conditions as the President may deter6 mine, to provide assistance for the purposes of— 

7 (1) enhancing the surveillance and reporting ca8 pabilities of the World Health Organization and ex9 isting international regional and international health 

10 networks; and 

11 (2) developing new international regional and 

12 international health networks. 

13 (b) EXPANSION OF FIELD EPIDEMIOLOGY TRAINING

14 PROGRAMS.—The Secretary of Health and Human Serv15 ices is authorized to establish new country or regional 

16 international Field Epidemiology Training Programs in el17 igible developing countries, with the concurrence of the 

18 government of each host country. 

19 SEC. 333. REPORTS. 

20 Not later than 90 days after the date of enactment 

21 of this Act, the Secretary of State, in conjunction with 

22 the Secretary of Health and Human Services, the Sec23 retary of Defense, and the Secretary of Homeland Secu24 rity, shall submit to the Committee on Foreign Relations 

25 and the Committee on Homeland Security and Govern26 mental Affairs of the Senate and the Committee on ForVerDate Nov 24 2008 01:04 Sep 09, 2009 Jkt 079200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S1649.IS S1649

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1 eign Affairs and the Committee on Homeland Security of 

2 the House of Representatives a report on the implementa3 tion of programs under this subtitle, including an estimate 

4 of the level of funding required to carry out such pro5 grams. 

6 SEC. 334. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject 

8 to subsection (c), there are authorized to be appropriated 

9 for the purpose of carrying out activities under this sub10 title the following amounts: 

11 (1) $40,000,000 for fiscal year 2010. 

12 (2) $75,000,000 for fiscal year 2011. 

13 (b) AVAILABILITY OF FUNDS.—The amounts appro14 priated pursuant to subsection (a) are authorized to re15 main available until expended. 

16 (c) LIMITATION ON OBLIGATION OF FUNDS.—Not 

17 more than 10 percent of the amount appropriated pursu18 ant to subsection (a)(1) may be obligated before the date 

19 on which a report is submitted, or required to be sub20 mitted, whichever first occurs, under section 333. 

21 TITLE IV—GOVERNMENT 

22 ORGANIZATION 

23 SEC. 401. INTELLIGENCE ON WEAPONS OF MASS DESTRUC24 TION. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) APPROPRIATE COMMITTEES OF CON2 GRESS.—The term ‘‘appropriate committees of Con3 gress’’ means— 

4 (A) the Select Committee on Intelligence, 

5 the Committee on Appropriations, the Com6 mittee on Armed Services, and the Committee 

7 on Homeland Security and Governmental Af8 fairs of the Senate; and 

9 (B) the Permanent Select Committee on 

10 Intelligence, the Committee on Appropriations, 

11 the Committee on Armed Services, and the 

12 Committee on Homeland Security of the House 

13 of Representatives. 

14 (2) DIRECTOR.—The term ‘‘Director’’ means 

15 the Director of National Intelligence. 

16 (3) INTELLIGENCE COMMUNITY.—The term 

17 ‘‘intelligence community’’ has the meaning given 

18 that term in section 3 of the National Security Act 

19 of 1947 (50 U.S.C. 401a). 

20 (4) WEAPONS OF MASS DESTRUCTION.—The 

21 term ‘‘weapons of mass destruction’’ means— 

22 (A) any weapon that is designed, intended, 

23 or has the capability to cause death, illness, or 

24 serious bodily injury to a significant number of 

25 persons through the release, dissemination, or 


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1 impact of toxic or poisonous chemicals or their 

2 precursors; 

3 (B) any weapon involving a biological 

4 agent, toxin, or vector (as such terms are de5 fined in section 178 of title 18, United States 

6 Code) that is designed, intended, or has the ca7 pability to cause death, illness, or serious bodily 

8 injury to a significant number of persons; or 

9 (C) any weapon that is designed, intended, 

10 or has the capability to release radiation or ra11 dioactivity causing death, illness, or serious 

12 bodily injury to a significant number of persons. 

13 (b) STRATEGY FOR IMPROVING INTELLIGENCE CAPA14 BILITIES.— 

15 (1) REQUIREMENT FOR STRATEGY.—Not later 

16 than 120 days after the date of the enactment of 

17 this Act, the Director shall develop, implement, and 

18 submit to the appropriate committees of Congress a 

19 strategy for improving the capabilities of the United 

20 States for the collection, analysis, and dissemination 

21 of intelligence related to weapons of mass destruc22 tion, including intelligence related to the relationship 

23 between weapons of mass destruction and terrorism. 


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1 (2) ELEMENTS.—The strategy required by 

2 paragraph (1) shall include a description of each of 

3 the following: 

4 (A) Methods for recruitment, training, and 

5 retention of individuals with expertise in the 

6 collection, analysis, and dissemination of intel7 ligence related to weapons of mass destruction, 

8 including appropriate scientific and technical 

9 expertise. 

10 (B) Methods for collaboration, as appro11 priate, with individuals with expertise described 

12 in subparagraph (A) who are employed by non13 governmental entities or who are foreign nation14 als. 

15 (C) Analytic questions and gaps in infor16 mation related to intelligence on weapons of 

17 mass destruction, including such intelligence 

18 concerning state actors and nonstate actors, 

19 such as smugglers, criminal enterprises, and 

20 financiers, that will be used to guide intelligence 

21 collection. 

22 (D) Activities for the development of inno23 vative human and technical intelligence collec24 tion capabilities and techniques. 


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1 (E) Actions necessary to increase the effec2 tiveness and efficiency of the sharing of intel3 ligence on weapons of mass destruction 

4 throughout the intelligence community, includ5 ing a description of statutory, regulatory, pol6 icy, technical, security, or other barriers that 

7 prevent such sharing, and, as appropriate, the 

8 development of uniform standards across the 

9 intelligence community for such sharing. 

10 (F) Actions necessary to identify and over11 come activities by a foreign government or per12 son to deny or deceive the intelligence commu13 nity concerning intelligence regarding weapons 

14 of mass destruction. 

15 (G) Specific objectives to be accomplished 

16 during each year of the first 5-year period after 

17 the strategy is submitted to the appropriate 

18 committees of Congress and tasks to accomplish 

19 such objectives, including— 

20 (i) a list prioritizing such objectives 

21 and tasks; and 

22 (ii) a schedule for meeting such objec23 tives and carrying out such tasks. 


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1 (H) Assignments of roles and responsibil2 ities to elements of the intelligence community 

3 to implement the strategy. 

4 (I) The personnel, financial, and other re5 sources necessary to implement the strategy 

6 and a plan for obtaining such resources. 

7 (J) Metrics for measuring the effectiveness 

8 and efficiency of the strategy. 

9 (K) A schedule for assessment, review, 

10 and, as appropriate, revision of the strategy. 

11 (3) REQUIREMENT TO CONSULT.—In devel12 oping the strategy required by paragraph (1), the 

13 Director shall consult with appropriate officials of 

14 the United States including the Under Secretary of 

15 Defense for Acquisition, Technology, and Logistics 

16 and the Under Secretary for Science and Technology 

17 of the Department of Homeland Security. 

18 (4) FORM.—The strategy required by para19 graph (1) may be submitted in a classified form. 

20 (c) REQUIREMENT FOR REPORTS.— 

21 (1) IN GENERAL.—Not less frequently than 

22 once during each 180-day period after the date of 

23 the submission of the strategy required by sub24 section (b)(1) to the appropriate committees of Con25 gress, the Director shall submit to the appropriate 


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1 committees of Congress a report on the implementa2 tion of such strategy. 

3 (2) CONTENT.—Each report required by para4 graph (1) shall include the following: 

5 (A) An assessment of whether the objec6 tives and tasks referred to in subsection 

7 (b)(2)(G) have been accomplished in accordance 

8 with the proposed schedule. 

9 (B) Data corresponding to the metrics re10 quired by subsection (b)(2)(J) for measuring 

11 the effectiveness and efficiency of the strategy. 

12 (C) An assessment of the actions of the 

13 elements of the intelligence community to im14 plement the strategy. 

15 (D) An assessment of whether the per16 sonnel, financial, and other resources available 

17 are sufficient to implement the strategy. 

18 (E) A description of any revisions to, or 

19 plans to revise, any component of the strategy. 

20 (3) SUNSET DATE.—The requirement set forth 

21 in paragraph (1) shall terminate three years after 

22 the date of the submission of the strategy required 

23 by subsection (b)(1) to the appropriate committees 

24 of Congress. 


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1 SEC. 402. INTELLIGENCE COMMUNITY LANGUAGE CAPA2 BILITIES AND CULTURAL KNOWLEDGE. 

3 (a) DEFINITIONS.—In this section, the terms ‘‘appro4 priate committees of Congress’’, ‘‘Director’’, ‘‘intelligence 

5 community’’, and ‘‘weapons of mass destruction’’ have the 

6 meaning given such terms in section 401. 

7 (b) STRATEGY FOR IMPROVING LANGUAGE CAPA8 BILITIES AND CULTURAL KNOWLEDGE.— 

9 (1) REQUIREMENT FOR STRATEGY.—Not later 

10 than 180 days after the date of the enactment of 

11 this Act, the Director shall develop, implement, and 

12 submit to the appropriate committees of Congress a 

13 strategy for improving the recruiting, training, and 

14 retention of employees of the elements of the intel15 ligence community who possess critical language ca16 pabilities and cultural backgrounds relevant to coun17 tering terrorism or collecting, analyzing, and dis18 seminating intelligence related to weapons of mass 

19 destruction, including individuals who are first or 

20 second-generation United States citizens and United 

21 States citizens with immediate relatives who are for22 eign nationals. 

23 (2) ELEMENTS.—The strategy required by 

24 paragraph (1) shall include a description of each of 

25 the following: 


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1 (A) The current and projected needs of the 

2 intelligence community during the ten-year peri3 ods, beginning on the date the strategy is sub4 mitted to the appropriate committees of Con5 gress, for employees with critical language ca6 pabilities and cultural backgrounds relevant to 

7 countering terrorism or collecting, analyzing, 

8 and disseminating intelligence related to weap9 ons of mass destruction. 

10 (B) Actions necessary to recruit, train, and 

11 retain employees with such capabilities or back12 grounds. 

13 (C) Barriers to effective recruitment, train14 ing, and retention of employees with such capa15 bilities or backgrounds, including security clear16 ance processing, and actions necessary to over17 come such barriers. 

18 (D) Specific objectives to be accomplished 

19 during each year of the first 5-year period be20 ginning on the date that the strategy is sub21 mitted to the appropriate committees of Con22 gress and tasks to accomplish such objectives, 

23 including— 

24 (i) a list prioritizing such objectives 

25 and tasks; and 


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1 (ii) a schedule for meeting such objec2 tives and carrying out such tasks. 

3 (E) Assignments of roles and responsibil4 ities to elements of the intelligence community 

5 to carry out the strategy. 

6 (F) The personnel, financial, and other re7 sources necessary to implement the strategy, 

8 and a plan for obtaining such resources. 

9 (G) Metrics for measuring the effectiveness 

10 and efficiency of the strategy. 

11 (H) A schedule for assessment, review, 

12 and, as appropriate, revision of the strategy. 

13 (c) REQUIREMENT FOR REPORTS.— 

14 (1) IN GENERAL.—Not less frequently than 

15 once during each 180-day period after the date of 

16 the submission of the strategy required by sub17 section (b)(1) to the appropriate committees of Con18 gress, the Director shall submit to the appropriate 

19 committees of Congress a report on the implementa20 tion of such strategy. 

21 (2) CONTENT.—Each report required by para22 graph (1) shall include the following: 

23 (A) An assessment of whether the objec24 tives referred to in subsection (b)(2)(D) have 


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1 been accomplished in accordance with the pro2 posed schedule. 

3 (B) Data corresponding to the metrics re4 quired by subsection (b)(2)(G) for measuring 

5 the effectiveness and efficiency of the strategy. 

6 (C) An assessment of the actions by the 

7 elements of the intelligence community to im8 plement the strategy. 

9 (D) An assessment of whether the per10 sonnel, financial, and other resources available 

11 are sufficient to implement the strategy. 

12 (E) A description of any revisions to, or 

13 plans to revise, any component of the strategy. 

14 (3) SUNSET DATE.—The requirement set forth 

15 in paragraph (1) shall terminate 5 years after the 

16 date of the submission of the strategy required by 

17 subsection (b)(1) to the appropriate committees of 

18 Congress. 

19 SEC. 403. COUNTERTERRORISM TECHNOLOGY ASSESS20 MENTS. 

21 (a) AGENCY DEFINED.—In this section, the term 

22 ‘‘agency’’ means any department, agency, or instrumen23 tality of the executive branch of the Government. 

24 (b) REQUIREMENT FOR INTERDISCIPLINARY CAPA25 BILITY OF THE CONGRESSIONAL RESEARCH SERVICE.— 


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1 (1) IN GENERAL.—The Director of the Con2 gressional Research Service shall establish an inter3 disciplinary capability to further the Congressional 

4 Research Service’s responsibilities to advise Con5 gress pursuant to section 203(d) of the Legislative 

6 Reorganization Act of 1946 (2 U.S.C. 166(d)) con7 cerning technology or technological applications de8 veloped or used for countering terrorism. 

9 (2) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to implement 

11 this subsection the following amounts: 

12 (A) For fiscal year 2011, $1,500,000. 

13 (B) For fiscal year 2012, $3,000,000. 

14 (C) For fiscal year 2013, $4,500,000. 

15 (D) For fiscal year 2014, $6,000,000. 

16 (E) For fiscal year 2015 and for each fis17 cal year thereafter, $7,500,000. 

18 (c) ASSESSMENTS OF AVAILABLE TECHNOLOGY.— 

19 (1) REQUIREMENT FOR ASSESSMENTS.—Pursu20 ant to section 717 of title 31, United States Code, 

21 the Comptroller General of the United States shall 

22 conduct assessments of technology or technological 

23 applications that are— 

24 (A) being developed or used or are avail25 able to be used for countering terrorism by a 


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1 program or activity that is carried out by an 

2 agency; or 

3 (B) proposed to be developed or used or 

4 are potentially available to be used pursuant 

5 to— 

6 (i) a legislative proposal under consid7 eration by a committee of the Senate or 

8 the House of Representatives; or 

9 (ii) a recommendation submitted to 

10 Congress by the President or an agency. 

11 (2) SCOPE OF ASSESSMENT.—Each assessment 

12 of a technology or technological application carried 

13 out under paragraph (1) shall evaluate the actual or 

14 anticipated impact, effectiveness, or efficiency of the 

15 technology or technological application for coun16 tering terrorism, including evaluating— 

17 (A) any test results related to the tech18 nology or technological application; 

19 (B) any alternatives to the technology or 

20 technological application; 

21 (C) the actual or anticipated operational 

22 requirements of the technology or technological 

23 application, including the logistical needs, per24 sonnel training, and procedures for utilizing the 

25 technology or technological application; 


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1 (D) the actual or anticipated costs, as 

2 compared to the actual or anticipated benefits 

3 of the technology or technological application; 

4 (E) any actual or anticipated counter5 measures to the technology or technological ap6 plication by terrorists; and 

7 (F) technology assessments or related re8 ports prepared by or for an agency for the tech9 nology or technological application. 

10 (3) TECHNOLOGY ASSESSMENT CAPABILITY.— 

11 (A) REQUIREMENT TO ESTABLISH.—The 

12 Comptroller General of the United States shall 

13 establish an interdisciplinary capability to per14 form the assessments required by paragraph (1) 

15 that includes officers and employees who have 

16 expertise in science, engineering, technology, 

17 homeland security, counterterrorism, or other 

18 fields that the Comptroller General considers 

19 appropriate to conduct such assessments. 

20 (B) APPOINTMENT AND PROCUREMENT.— 

21 The Comptroller General shall appoint, pay, 

22 and assign officers and employees pursuant to 

23 subsection (a) of section 731 of title 31, United 

24 States Code, and may procure the services or 

25 assistance of experts and consultants pursuant 


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1 to subsection (e) of such section, in order to ac2 quire the expertise in science, technology, or 

3 other fields necessary to conduct the assess4 ments required by paragraph (1). 

5 (4) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated to implement 

7 this subsection the following amounts: 

8 (A) For fiscal year 2011, $2,000,000. 

9 (B) For fiscal year 2012, $5,000,000. 

10 (C) For fiscal year 2013, $8,000,000. 

11 (D) For fiscal year 2014, $12,000,000. 

12 (E) For fiscal year 2015 and for each fis13 cal year thereafter, $15,000,000. 

14 (d) ASSESSMENTS OF FUTURE TECHNOLOGY.— 

15 (1) REQUIREMENT FOR ASSESSMENTS.—The 

16 Comptroller General of the United States shall, as 

17 appropriate, enter into arrangements with the Na18 tional Academy of Sciences to assess technology and 

19 technological applications that are being developed 

20 or could be developed for purposes of countering ter21 rorism. 

22 (2) SCOPE OF ASSESSMENTS.—Each assess23 ment carried out under paragraph (1) shall in24 clude— 


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1 (A) determining trends related to the de2 velopment of technology or technological appli3 cations and their implications for countering 

4 terrorism; 

5 (B) identifying particular technology or 

6 technological applications that potentially may 

7 become available or are necessary for coun8 tering terrorism; and 

9 (C) recommending investments to be made 

10 by an agency in the development of particular 

11 technology or technological applications. 

12 (3) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated to implement 

14 this subsection the following amounts: 

15 (A) For fiscal year 2011, $1,000,000. 

16 (B) For fiscal year 2012, $2,000,000. 

17 (C) For fiscal year 2013, $3,000,000. 

18 (D) For fiscal year 2014, $4,000,000. 

19 (E) For fiscal year 2015 and for each fis20 cal year thereafter, $5,000,000. 


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1 TITLE V—EMERGENCY MANAGE2 MENT AND CITIZEN ENGAGE3 MENT 

4 SEC. 501. COMMUNICATION OF THREAT INFORMATION AND 

5 ALERTS. 

6 (a) FINDING.—Congress finds that the Commission 

7 on the Prevention of Weapons of Mass Destruction Pro8 liferation and Terrorism recommended that ‘‘the Federal 

9 Government should practice greater openness of public in10 formation so that citizens better understand the threat 

11 and the risk this threat poses to them.’’. 

12 (b) TERRORISM THREAT AWARENESS.—Section 203 

13 of the Homeland Security Act of 2002 (6 U.S.C. 124) is 

14 amended by adding at the end the following: 

15 ‘‘(c) TERRORISM THREAT AWARENESS.— 

16 ‘‘(1) TERRORISM THREAT AWARENESS.—The 

17 Secretary, in coordination with the Director of the 

18 Federal Bureau of Investigation, shall ensure that 

19 information concerning terrorist threats is available 

20 to the general public within the United States. 

21 ‘‘(2) THREAT BULLETINS.— 

22 ‘‘(A) IN GENERAL.—Consistent with the 

23 requirements of subsection (b), the Secretary 

24 shall on a timely basis prepare unclassified ter25 rorism-related threat and risk assessments. 


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1 ‘‘(B) REQUIREMENTS.—Each assessment 

2 required under subparagraph (A) shall— 

3 ‘‘(i) include guidance to the general 

4 public for preventing and responding to 

5 acts of terrorism; and 

6 ‘‘(ii) be made available on the website 

7 of the Department and other publicly ac8 cessible websites, communication systems, 

9 and information networks. 

10 ‘‘(3) GUIDANCE TO STATE, LOCAL, AND TRIBAL

11 GOVERNMENTS.—The Secretary shall provide to 

12 State, local, and tribal governments written guidance 

13 on how to disseminate information about terrorism14 related threats and risks to the general public within 

15 their jurisdictions. 

16 ‘‘(4) USE OF EXISTING RESOURCES.—The Sec17 retary shall use websites, communication systems, 

18 and information networks in operation on the date 

19 of an assessment under this subsection to satisfy the 

20 requirements of paragraph (2)(B)(ii).’’. 

21 (c) RESPONSIBILITIES OF THE SECRETARY.—Section 

22 201(d)(8) of the Homeland Security Act of 2002 (6 

23 U.S.C. 121(d)(8)) is amended by striking ‘‘and to agencies 

24 of State’’ and all that follows and inserting ‘‘to State, 

25 local, tribal, and private entities with such responsibilities, 


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1 and, as appropriate, to the general public, in order to as2 sist in deterring, preventing, or responding to acts of ter3 rorism against the United States.’’. 

4 (d) REPORTING REQUIREMENT.—Not later than 180 

5 days after the date of enactment of this Act, the Secretary 

6 of Homeland Security shall submit to the Committee on 

7 Homeland Security and Governmental Affairs of the Sen8 ate and the Committee on Homeland Security of the 

9 House of Representatives a report on the implementation 

10 of section 203 of the Homeland Security Act of 2002, as 

11 amended by subsection (b). 

12 SEC. 502. GUIDELINES CONCERNING WEAPONS OF MASS 

13 DESTRUCTION. 

14 (a) ESTABLISHMENT OF GUIDELINES.—Not later 

15 than 1 year after the date of enactment of this Act, the 

16 Secretary of Homeland Security shall— 

17 (1) develop guidelines, in coordination with 

18 State, local, and tribal governments and representa19 tives of emergency response provider organizations, 

20 for police, fire, emergency medical services, emer21 gency management, and public health personnel, for 

22 responding to an explosion or release of nuclear, bio23 logical, radiological, or chemical material; and 

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1 ments, nongovernmental organizations, and the pri2 vate sector. 

3 (b) CONTENTS.—The guidelines developed under sub4 section (a)(1) shall contain, at a minimum— 

5 (1) protective action guidelines for ensuring the 

6 health and safety of emergency response providers; 

7 (2) information regarding the effects of the bio8 logical, chemical, or radiological agent on those ex9 posed to the agent; and 

10 (3) information regarding how emergency re11 sponse providers and mass care facilities may most 

12 effectively deal with individuals affected by an inci13 dent involving a nuclear, biological, radiological, or 

14 chemical material. 

15 (c) REVIEW AND REVISION OF GUIDELINES.—The 

16 Secretary of Homeland Security shall— 

17 (1) not less frequently than every 2 years, re18 view the guidelines developed under subsection 

19 (a)(1); 

20 (2) make revisions to the guidelines as appro21 priate; and 

22 (3) make the revised guidelines available to 

23 State, local, and tribal governments, nongovern24 mental organizations, the private sector, and the 

25 general public. 


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1 (d) PROCEDURES FOR DEVELOPING AND REVISING

2 GUIDELINES.—In carrying out the requirements of this 

3 section, the Secretary of Homeland Security shall estab4 lish procedures— 

5 (1) to inventory any existing relevant hazardous 

6 material response guidelines; 

7 (2) to enable the public to submit recommenda8 tions of areas for which guidelines could be devel9 oped under subsection (a)(1); 

10 (3) to determine which entities should be con11 sulted in developing or revising the guidelines; 

12 (4) to prioritize, on a regular basis, guidelines 

13 that should be developed or revised; and 

14 (5) to develop and disseminate the guidelines in 

15 accordance with the prioritization under paragraph 

16 (4). 

17 (e) CONSULTATIONS.—The Secretary of Homeland 

18 Security shall develop and revise the guidelines developed 

19 under subsection (a)(1), and the procedures required 

20 under subsection (d), in consultation with— 

21 (1) the Secretary of Energy; 

22 (2) the Secretary of Health and Human Serv23 ices; 

24 (3) other Federal departments and agencies, as 

25 appropriate; 


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1 (4) the National Advisory Council established 

2 under section 508 of the Homeland Security Act of 

3 2002 (6 U.S.C. 318); 

4 (5) State, local, and tribal governments; and 

5 (6) nongovernmental organizations and private 

6 industry. 

7 (f) REPORTING REQUIREMENTS.—Not later than 

8 180 days after the date of enactment of this Act, 1 year 

9 after such date of enactment, and annually thereafter, the 

10 Secretary of Homeland Security shall provide the Com11 mittee on Homeland Security and Governmental Affairs 

12 of the Senate and the Committee on Homeland Security 

13 of the House of Representatives with— 

14 (1) a description of the procedures established 

15 under subsection (d); 

16 (2) any guidelines in effect on the date of the 

17 report; 

18 (3) a list of entities that to which the guidelines 

19 described in paragraph (2) were disseminated; 

20 (4) a plan for reviewing the guidelines described 

21 in paragraph (2), in accordance with subsection (e); 

22 (5) the prioritized list of the guidelines required 

23 under subsection (d)(4), and the methodology used 

24 by the Secretary of Homeland Security for such 

25 prioritization; and 


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1 (6) a plan for developing, revising, and dissemi2 nating the guidelines. 

3 (g) DEFINITION.—In this section, the term ‘‘emer4 gency response provider’’ has the meaning given that term 

5 in section 2 of the Homeland Security Act of 2002 (6 

6 U.S.C. 101). 

7 SEC. 503. INDIVIDUAL AND COMMUNITY PREPAREDNESS. 

8 (a) INDIVIDUAL AND COMMUNITY PREPAREDNESS.— 

9 Title V of the Homeland Security Act of 2002 (6 U.S.C. 

10 311 et seq.), as amended by section 221, is amended by 

11 adding at the end the following: 

12 ‘‘SEC. 526. INDIVIDUAL AND COMMUNITY PREPAREDNESS. 

13 ‘‘(a) IN GENERAL.—The Administrator shall assist 

14 State, local, and tribal governments in improving and pro15 moting individual and community preparedness for nat16 ural disasters, acts of terrorism, and other man-made dis17 asters, including incidents involving the use of weapons 

18 of mass destruction and other potentially catastrophic 

19 events, by— 

20 ‘‘(1) developing guidelines and checklists of rec21 ommended actions for individual and community 

22 prevention and preparedness efforts and dissemi23 nating such guidelines and checklists to communities 

24 and individuals; 


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1 ‘‘(2) disseminating the guidelines developed 

2 under section 502 of the Weapons of Mass Destruc3 tion Prevention and Preparedness Act of 2009 to 

4 communities and individuals, as appropriate; 

5 ‘‘(3) compiling and disseminating information 

6 on best practices in individual and community pre7 paredness; 

8 ‘‘(4) providing information and training mate9 rials in support of individual and community pre10 paredness efforts; 

11 ‘‘(5) conducting individual and community pre12 paredness outreach efforts; and 

13 ‘‘(6) such other actions as the Administrator 

14 determines appropriate. 

15 ‘‘(b) COORDINATION.—Where appropriate, the Ad16 ministrator shall coordinate with private sector and non17 governmental organizations to promote individual and 

18 community preparedness. 

19 ‘‘(c) SUPPORT FOR VOLUNTARY PROGRAMS.—In car20 rying out the responsibilities described in subsection (a), 

21 the Administrator shall, where appropriate, work with and 

22 provide support to individual and community preparedness 

23 programs, such as the Community Emergency Response 

24 Team Program, Fire Corps, Medical Reserve Corps ProVerDate Nov 24 2008 01:04 Sep 09, 2009 Jkt 079200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\S1649.IS S1649

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1 gram, Volunteers in Police Service, USAonWatch-Neigh2 borhood Watch, and other voluntary programs. 

3 ‘‘(d) DIRECTOR.—The Administrator shall appoint a 

4 Director of Community Preparedness to coordinate and 

5 oversee the individual and community preparedness efforts 

6 of the Agency. 

7 ‘‘(e) GRANTS.— 

8 ‘‘(1) IN GENERAL.—The Administrator may 

9 make grants to States to support individual and 

10 community preparedness efforts, including through 

11 the Citizen Corps Program. 

12 ‘‘(2) APPROPRIATIONS.—There are authorized 

13 to be appropriated for grants under this section— 

14 ‘‘(A) $15,000,000 for fiscal year 2010; 

15 ‘‘(B) $20,000,000 for fiscal year 2011; 

16 ‘‘(C) $25,000,000 for fiscal year 2012; 

17 ‘‘(D) $30,000,000 for fiscal year 2013; 

18 ‘‘(E) $35,000,000 for fiscal year 2014; and 

19 ‘‘(F) $40,000,000 for fiscal year 2015.’’. 

20 (b) ENHANCING PREPAREDNESS.—Section 504(a) of 

21 the Homeland Security Act of 2002 (6 U.S.C. 314(a)) is 

22 amended— 

23 (1) by redesignating paragraphs (20) and (21) 

24 as paragraphs (21) and (22), respectively; and 


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1 (2) by inserting after paragraph (19) the fol2 lowing: 

3 ‘‘(20) enhancing and promoting the prepared4 ness of individuals and communities for natural dis5 asters, acts of terrorism, and other man-made disas6 ters;’’. 

7 (c) TABLE OF CONTENTS.—The table of contents in 

8 section 1(b) of the Homeland Security Act of 2002 (6 

9 U.S.C. 101 et seq.), as amended by section 221, is amend10 ed by inserting after the item relating to section 525 the 

11 following: 

‘‘Sec. 526. Individual and community preparedness.’’. 

Æ 


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