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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1649 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE; AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Weapons of Mass 
Destruction Prevention and Preparedness Act of 2009'' or the ``WMD 
Prevention and Preparedness Act of 2009''.
    (b) Table of Contents.--The table of contents is as follows:

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.
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.

                     TITLE I--ENHANCED BIOSECURITY

SEC. 101. DESIGNATION OF TIER I AGENTS.

    (a) Amendments to the Public Health Service Act.--Section 351A of 
the Public Health Service Act (42 U.S.C. 262a) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraph (2) as paragraph 
                (3);
                    (B) by inserting after paragraph (1) the following:
            ``(2) Tier i agents.--
                    ``(A) Designation of tier i agents.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of the Weapons of 
                        Mass Destruction Prevention and Preparedness 
                        Act of 2009, the Secretary, in coordination 
                        with the Secretary of Homeland Security, shall 
                        designate as `Tier I agents' those agents and 
                        toxins--
                                    ``(I) for which the Secretary of 
                                Homeland Security has issued a Material 
                                Threat Determination under section 
                                319F-2(c)(2) regarding the agent or 
                                toxin, unless the Secretary of Health 
                                and Human Services determines, in 
                                coordination with the Secretary of 
                                Homeland Security, that such inclusion 
                                is unwarranted; or
                                    ``(II) that meet the criteria under 
                                subparagraph (B).
                            ``(ii) Inclusion in the select agent 
                        program of agents and toxins subject to a 
                        material threat determination.--Not later than 
                        60 days after the Secretary designates as a 
                        Tier I agent an agent or toxin for which the 
                        Secretary of Homeland Security has issued a 
                        Material Threat Determination under section 
                        319F-2(c)(2), the Secretary shall ensure that 
                        such agent or toxin is included in the list 
                        maintained by the Secretary under the Select 
                        Agent Program under paragraph (1).
                    ``(B) Criteria.--In determining whether to 
                designate an agent or toxin as a Tier I agent under 
                subparagraph (A), the Secretary, in coordination with 
                the Secretary of Homeland Security, shall consider--
                            ``(i) whether the agent or toxin has 
                        significant potential to be used effectively in 
                        a biological attack;
                            ``(ii) whether the risk posed by the agent 
                        or toxin requires additional biosecurity 
                        measures, beyond those required under 
                        subsection (b), to prevent misuse domestically 
                        or abroad;
                            ``(iii) information available from any 
                        biological or bioterrorism risk assessments 
                        conducted by the Department of Homeland 
                        Security or other relevant assessments by other 
                        departments or the intelligence community; and
                            ``(iv) such other criteria and information 
                        that the Secretary determines appropriate and 
                        relevant.
                    ``(C) Inclusion of agents and toxins not previously 
                listed.--If the Secretary designates as a Tier 1 agent 
                an agent or toxin that has not been included in the 
                list maintained by the Secretary under the Select Agent 
                Program under paragraph (1), the Secretary shall 
                include such agent or toxin in such list not later than 
                60 days after the designation of the agent or toxin as 
                a Tier I agent.
                    ``(D) Evaluation of tier i agents.--The Secretary, 
                in coordination with the Secretary of Homeland 
                Security, shall--
                            ``(i) on an ongoing basis, consider the 
                        inclusion of additional agents or toxins on the 
                        list of Tier I agents, as appropriate; and
                            ``(ii) at least biennially, review the list 
                        of Tier I agents to determine whether any 
                        agents or toxins should be removed from the 
                        list.''; and
                    (C) in paragraph (3), as redesignated, by striking 
                ``list under paragraph (1)'' and inserting ``lists 
                under paragraphs (1) and (2)''; and
            (2) in subsection (l), by adding at the end the following:
            ``(9) The term `Tier I overlap agent' means a biological 
        agent or toxin that--
                    ``(A) is listed pursuant to subsection (a)(2); and
                    ``(B) is listed pursuant to section 212(a)(2) of 
                the Agricultural Bioterrorism Protection Act of 
                2002.''.
    (b) Amendments to the Agricultural Bioterrorism Protection Act of 
2002.--Section 212(a) of the Agricultural Bioterrorism Protection Act 
of 2002 (7 U.S.C. 8401(a)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3);
            (2) by inserting after paragraph (1) the following:
            ``(2) Tier i agents.--
                    ``(A) Designation of tier i agents.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of the Weapons of 
                        Mass Destruction Prevention and Preparedness 
                        Act of 2009, the Secretary, in coordination 
                        with the Secretary of Homeland Security, shall 
                        designate as `Tier I agents' those agents and 
                        toxins--
                                    ``(I) for which the Secretary of 
                                Homeland Security has issued a Material 
                                Threat Determination under section 
                                319F-2(c)(2) of the Public Health 
                                Service Act (42 U.S.C. 247d-6b(c)(2)) 
                                regarding the agent or toxin, unless 
                                the Secretary of Agriculture 
                                determines, in coordination with the 
                                Secretary of Homeland Security, that 
                                such inclusion is unwarranted; or
                                    ``(II) that meet the criteria under 
                                subparagraph (B).
                            ``(ii) Inclusion in the select agent 
                        program of agents and toxins subject to a 
                        material threat determination.--Not later than 
                        60 days after the Secretary designates as a 
                        Tier 1 agent an agent or toxin for which the 
                        Secretary of Homeland Security has issued such 
                        Material Threat Determination under section 
                        319F-2(c)(2) of the Public Health Service Act 
                        (42 U.S.C. 247d-6b(c)(2)), the Secretary shall 
                        ensure that such agent or toxin is included in 
                        the list maintained by the Secretary under the 
                        Select Agent Program under paragraph (1).
                    ``(B) Criteria.--In determining whether to 
                designate an agent or toxin as a Tier I agent under 
                subparagraph (A), the Secretary, in coordination with 
                the Secretary of Homeland Security, shall consider--
                            ``(i) whether the agent or toxin has 
                        significant potential to be used effectively in 
                        a biological attack;
                            ``(ii) whether the risk posed by the agent 
                        or toxin requires additional biosecurity 
                        measures, beyond those required under 
                        subsection (b), to prevent misuse domestically 
                        or abroad;
                            ``(iii) information available from any 
                        biological or bioterrorism risk assessments 
                        conducted by the Department of Homeland 
                        Security or other relevant assessments by other 
                        agencies or departments; and
                            ``(iv) such other criteria and information 
                        that the Secretary determines appropriate and 
                        relevant.
                    ``(C) Inclusion of agents and toxins not previously 
                listed.--If the Secretary designates as a Tier 1 agent 
                an agent or toxin that has not been included in the 
                list maintained by the Secretary under paragraph (1), 
                the Secretary shall include such agent or toxin in such 
                list no later than 60 days after the designation of the 
                agent or toxin as a Tier I agent.
                    ``(D) Evaluation of tier i agents.--The Secretary, 
                in coordination with the Secretary of Homeland 
                Security, shall--
                            ``(i) on an ongoing basis, consider the 
                        inclusion of additional agents or toxins on the 
                        list of Tier I agents, as appropriate; and
                            ``(ii) at least biennially, review the list 
                        of Tier I agents to determine whether any 
                        agents or toxins should be removed from the 
                        list.''; and
            (3) by striking ``list under paragraph (1)'' and inserting 
        ``lists under paragraphs (1) and (2)''.

SEC. 102. ENHANCED BIOSECURITY MEASURES.

    (a) In General.--Title III of the Homeland Security Act (6 U.S.C. 
181 et seq.) is amended by adding at the end the following:

``SEC. 318. ENHANCED BIOSECURITY MEASURES.

    ``(a) Definitions.--In this section:
            ``(1) Agent or toxin.--The term `agent or toxin' means an 
        agent or toxin regulated under section 351A(a)(1) of the Public 
        Health Service Act or section 212(a)(1) of the Agricultural 
        Bioterrorism Protection Act of 2002.
            ``(2) Tier i agent.--The term `Tier I agent' means an agent 
        or toxin so designated under section 351A(a)(2) of the Public 
        Health Service Act or section 212(a)(2) of the Agricultural 
        Bioterrorism Protection Act of 2002.
    ``(b) Regulations.--The Secretary, in consultation with the 
Secretary of Health and Human Services and the Secretary of 
Agriculture, shall through a negotiated rulemaking under subchapter III 
of chapter 5 of title 5, United States Code, establish enhanced 
biosecurity measures for entities registered under section 351A(d) of 
the Public Health Service Act (42 U.S.C. 262a(d)) to use in handling 
Tier I agents, which shall include--
            ``(1) standards for personnel reliability programs;
            ``(2) standards for training and requirements for 
        responsible officials, lab personnel, and support personnel 
        employed by entities registered under section 351A(d) of the 
        Public Health Service Act (42 U.S.C. 262a(d));
            ``(3) standards for performing laboratory risk assessments;
            ``(4) risk-based laboratory security performance standards;
            ``(5) any other standards determined necessary by the 
        Secretary; and
            ``(6) procedures, with appropriate restrictions on access, 
        for sharing information, including vulnerability assessments, 
        site security plans, and other security related information, as 
        the Secretary determines appropriate, with State, local, and 
        tribal government officials, including law enforcement 
        officials and emergency response providers.
    ``(c) Negotiated Rulemaking Committee.--The negotiated rulemaking 
committee established by the Secretary under subsection (b) shall 
include representatives from--
            ``(1) the Department, including the Office of Intelligence 
        and Analysis, Office of Infrastructure Protection, Science and 
        Technology Directorate, and Office of Health Affairs;
            ``(2) the Department of Health and Human Services, 
        including the Centers for Disease Control and Prevention;
            ``(3) the Department of Agriculture, including the Animal 
        and Plant Health Inspection Service;
            ``(4) the Department of Defense;
            ``(5) the Federal Bureau of Investigation;
            ``(6) for profit research institutions;
            ``(7) academic research institutions;
            ``(8) nonprofit research institutions; and
            ``(9) other interested parties, as the Secretary determines 
        appropriate.
    ``(d) Time Requirement.--The procedures for the negotiated 
rulemaking conducted under subsection (b) shall be conducted in a 
timely manner to ensure that--
            ``(1) any recommendations with respect to proposed 
        regulations are provided to the Secretary not later than 6 
        months after the date of enactment of this section; and
            ``(2) a final rule is promulgated not later than 12 months 
        after the date of enactment of this section.
    ``(e) Factors To Be Considered.--In developing proposed and final 
standards under subsection (b), the Secretary and the negotiated 
rulemaking committee shall consider factors including--
            ``(1) the recommendations of the Commission on the 
        Prevention of Weapons of Mass Destruction Proliferation and 
        Terrorism (established under section 1851 of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 (Public Law 
        110-53; 121 Stat. 501)), the National Science Advisory Board 
        for Biosecurity (established under section 205 of the Pandemic 
        and All-Hazards Preparedness Act (Public Law 109-417; 120 Stat. 
        2851)), the Trans-Federal Task Force on Optimizing Biosafety 
        and Biocontainment Oversight, and any working group established 
        under Executive Order 13486 (74 Fed. Reg. 2289) relating to 
        strengthening laboratory biosecurity; and
            ``(2) how any disincentives to biological research arising 
        from enhanced biosecurity measures can be minimized.
    ``(f) Implementation of Enhanced Biosecurity Measures.--
            ``(1) In general.--Each registered entity that works with 
        Tier I agents shall establish procedures that meet or exceed 
        the standards promulgated under subsection (b).
            ``(2) Training standards.--The Secretary of Health and 
        Human Services, in consultation with the Secretary, shall 
        accredit training programs that meet the standards promulgated 
        under subsection (b).
            ``(3) Personnel reliability programs.--The Secretary, in 
        consultation with, where appropriate, the Secretary of Health 
        and Human Services and the Secretary of Agriculture, shall 
        evaluate and ensure the implementation of, and compliance with, 
        personnel reliability programs at laboratories that handle Tier 
        I agents developed under the regulations promulgated under 
        subsection (b).
            ``(4) Risk assessments.--The Secretary, in consultation 
        with, where appropriate, the Secretary of Health and Human 
        Services and the Secretary of Agriculture, shall ensure that 
        facilities handling Tier I agents submit laboratory risk 
        assessments that comply with the standards promulgated under 
        subsection (b).
            ``(5) Security plans.--The Secretary, in consultation with, 
        where appropriate, the Secretary of Health and Human Services 
        and the Secretary of Agriculture, shall ensure that facilities 
        handling Tier I agents submit site security plans that comply 
        with the standards promulgated under subsection (b).
            ``(6) Harmonization of regulations.--
                    ``(A) Regulations under public health service 
                act.--Not later than 120 days after the Secretary 
                promulgates regulations or amendments thereto pursuant 
                to this section, the Secretary of Health and Human 
                Services shall amend regulations promulgated under the 
                Select Agent Program under section 351A(a)(1) of the 
                Public Health Service Act (42 U.S.C. 262a(a)(1)) to 
                ensure that such regulations do not overlap or conflict 
                with the regulations promulgated by the Secretary under 
                this section.
                    ``(B) Regulations under agriculture bioterrorism 
                protection act of 2002.--Not later than 120 days after 
                the Secretary promulgates regulations or amendments 
                thereto pursuant to this section, the Secretary of 
                Agriculture shall amend regulations promulgated under 
                the Select Agent Program under section 212(a)(1) of the 
                Agricultural Bioterrorism Protection Act of 2002 to 
                ensure that such regulations do not overlap or conflict 
                with the regulations promulgated by the Secretary under 
                this section.
            ``(7) Penalties.--
                    ``(A) Civil money penalty.--In addition to any 
                other penalties that may apply under law, any person 
                who violates any provision of regulations promulgated 
                under subsection (b) shall be subject to a civil money 
                penalty in an amount not exceeding $250,000 in the case 
                of an individual and $500,000 in the case of a 
                laboratory handling a Tier I agent.
                    ``(B) Intermediate sanctions.--
                            ``(i) In general.--If the Secretary 
                        determines that an individual or laboratory has 
                        violated any provision of regulations under 
                        this section, the Secretary may impose 
                        intermediate sanctions in lieu of the actions 
                        authorized by subsection (A).
                            ``(ii) Types of sanctions.--The 
                        intermediate sanctions which may be imposed 
                        under paragraph (1) shall consist of--
                                    ``(I) directed plans of correction;
                                    ``(II) civil money penalties in an 
                                amount not to exceed $10,000 for each 
                                violation of, or for each day of 
                                substantial noncompliance with, the 
                                regulations promulgated under this 
                                section;
                                    ``(III) payment for the costs of 
                                onsite monitoring; or
                                    ``(IV) any combination of the 
                                actions described in subclauses (I), 
                                (II), and (III).
                            ``(iii) Procedures.--The Secretary shall 
                        develop and implement procedures with respect 
                        to when and how each of the intermediate 
                        sanctions is to be imposed under clause (i). 
                        Such procedures shall provide for notice to the 
                        individual or laboratory, a reasonable 
                        opportunity to respond to the proposed 
                        sanction, and appropriate procedures for 
                        appealing determinations relating to the 
                        imposition of intermediate sanctions.
            ``(8) Simultaneous laboratory inspections.--
                    ``(A) Inspections by the department of homeland 
                security.--The Secretary shall inspect laboratories 
                that handle Tier I agents for compliance with 
                regulations promulgated under this section.
                    ``(B) Inspections by the departments of homeland 
                security and health and human services.--Any 
                inspections of the same laboratory conducted by the 
                Secretary pursuant to this subsection and the Secretary 
                of Health and Human Services for compliance with 
                regulations promulgated under the Select Agent Program 
                under section 351A(a)(1) of the Public Health Service 
                Act shall be conducted simultaneously to the extent 
                practicable.
                    ``(C) Inspections by the departments of homeland 
                security and agriculture.--Any inspections of the same 
                laboratory conducted by the Secretary pursuant to this 
                subsection and the Secretary of Agriculture for 
                compliance with regulations promulgated under the 
                Select Agent Program under section 212(a)(1) of the 
                Agricultural Bioterrorism Protection Act of 2002 shall 
                be conducted simultaneously to the extent practicable.
                    ``(D) Participation by the department of defense.--
                To the extent practicable, the Secretary of Defense 
                shall conduct inspections simultaneously with the 
                Secretary and, as appropriate, the Secretary of Health 
                and Human Services or the Secretary of Agriculture, 
                when the Secretary of Defense conducts inspections of 
                laboratories that receive funding from the Department 
                of Defense for work with Tier I agents.
                    ``(E) Joint inspection procedures.--Departments 
                conducting simultaneous inspections of a laboratory 
                under this subsection shall ensure, to the maximum 
                extent practicable, that such inspections are conducted 
                using a common set of inspection procedures across such 
                departments in order to minimize the administrative 
                burden on such laboratory.
                    ``(F) Inspection reports.--Inspection reports 
                conducted under this paragraph shall be made available 
                to each Federal agency that supports select agent 
                research at the institution that is the subject of the 
                inspection report.''.
    (b) Report.--Not later than 60 days after the date of enactment of 
this Act, the Secretary of Homeland Security, the Secretary of 
Agriculture, and the Secretary of Health and Human Services shall 
jointly report to the Committee on Homeland Security and Governmental 
Affairs, the Committee on Health, Education, Labor, and Pensions, the 
Committee on Agriculture, Nutrition, and Forestry, and the Committee on 
Armed Services of the Senate and the Committee on Homeland Security, 
the Committee on Energy and Commerce, the Committee on Agriculture, and 
the Committee on Armed Services of the House of Representatives 
regarding how the Secretary of Homeland Security, the Secretary of 
Agriculture, and the Secretary of Health and Human Services intend to 
comply with the requirements under section 318 of the Homeland Security 
Act, as added by subsection (a), and shall detail what additional 
resources, if any, will be required to so comply.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section 
and the amendments made by this section.
    (d) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 317 
the following:

``Sec. 318. Enhanced biosecurity measures.''.

SEC. 103. LABORATORY AND FACILITY REGISTRATION AND DATABASE.

    (a) In General.--Section 351A of the Public Health Service Act (42 
U.S.C. 262a) is amended--
            (1) by redesignating subsections (f) through (m) as (g) 
        through (n) respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f) Laboratory and Facility Registration and Database.--
            ``(1) In general.--The Secretary, in coordination with the 
        Secretary of Homeland Security and the Secretary of 
        Agriculture, shall establish and maintain a database of 
        laboratories and facilities that have sufficient potential to 
        pose a threat to public health and safety, or to animal or 
        plant health, as to require the awareness by the Federal 
        Government of the location and nature of the laboratory or 
        facility.
            ``(2) Criteria.--
                    ``(A) In general.--The Secretary, in coordination 
                with the Secretary of Homeland Security and the 
                Secretary of Agriculture, shall by regulation establish 
                criteria defining which laboratories and facilities are 
                described in paragraph (1) and subject to the 
                requirements of this subsection.
                    ``(B) Exclusion of select agent laboratories.--The 
                criteria established under subparagraph (A) shall 
                exclude laboratories listed in the national database 
                established pursuant to subsection (d)(2) of this 
                section and section 212(d)(2) of the Agricultural 
                Bioterrorism Protection Act of 2002 (7 U.S.C. 
                8401(d)(2)).
                    ``(C) Content.--The criteria established under 
                subparagraph (A) shall include--
                            ``(i) whether a laboratory or facility 
                        handles a biological agent or toxin designated 
                        as a Registry Agent pursuant to paragraph (4);
                            ``(ii) whether a laboratory or facility has 
                        specified characteristics, features, or 
                        equipment that could facilitate the misuse of 
                        the laboratory or facility for the purposes of 
                        developing a biological weapon, which may 
                        include--
                                    ``(I) technology that is 
                                particularly suitable to the 
                                development of an effective biological 
                                weapon, such as technology that would 
                                enable synthesis of Tier I agents; and
                                    ``(II) features that would protect 
                                an individual developing a biological 
                                weapon from accidental exposure or 
                                discovery; and
                            ``(iii) such other characteristics as the 
                        Secretary determines appropriate.
            ``(3) Regulations requiring registration.--The Secretary 
        shall by regulation require the registration with the Secretary 
        of laboratories and facilities that meet the criteria 
        established pursuant to paragraph (2).
            ``(4) Registry agents.--
                    ``(A) In general.--The Secretary, in coordination 
                with the Secretary of Agriculture and the Secretary of 
                Homeland Security, shall establish and maintain by 
                regulation a list of biological agents and toxins that 
                have the potential to pose a serious threat to public, 
                animal, or plant health but for which the potential to 
                be used effectively in a biological attack has not been 
                clearly established.
                    ``(B) Designation.--Agents listed pursuant to 
                subparagraph (A) shall be designated as `Registry 
                Agents'.
                    ``(C) Exclusion of select agents.--In determining 
                whether to designate a biological agent or toxin as a 
                Registry Agent, the Secretary shall exclude agents or 
                toxins listed pursuant to subsection (a)(1) of this 
                section and section 212(a)(1) of the Agricultural 
                Bioterrorism Protection Act of 2002.
            ``(5) Penalties.--In addition to any other penalties that 
        may apply under law, any person who violates any provision of 
        this section shall be subject to the United States for a civil 
        penalty in an amount not to exceed $25,000 in the case of an 
        individual and $50,000 in the case of any other person.
            ``(6) Access to database.--The Secretary shall make the 
        database established under paragraph (1) available to the 
        Secretary of Homeland Security, the Secretary of Agriculture, 
        the Secretary of Defense, the Attorney General, and such 
        agencies as the Secretary determines appropriate.
            ``(7) Biosecurity and biosafety best practices.--The 
        Secretary, in consultation with the Secretary Homeland Security 
        and the Secretary of Agriculture, shall promote biosecurity and 
        biosafety best practices to entities registered under paragraph 
        (3).''.
    (b) Revision of the List of Biological Agents and Toxins.--
            (1) Review of listed agents.--
                    (A) Review by secretary of health and human 
                services.--Not later than 180 days after the 
                establishment of the list pursuant to subsection (f)(4) 
                of section 351A of the Public Health Service Act (as 
                added by subsection (a)), the Secretary of Health and 
                Human Services shall conduct a comprehensive review of 
                the list of biological agents and toxins maintained 
                pursuant to subsection (a)(1) of such section to 
                determine which listed agents and toxins more 
                accurately fit the criteria for Registry Agents (as 
                described under such subsection (f)(4)).
                    (B) Revision by secretary of agriculture.--Not 
                later than 180 days after the establishment of the list 
                pursuant to subsection (f)(4) of section 351A of the 
                Public Health Service Act (as amended by subsection 
                (a)), the Secretary of Agriculture shall conduct a 
                comprehensive review of the list of biological agents 
                and toxins maintained pursuant to section 212(a)(1) of 
                the Agricultural Bioterrorism Protection Act of 2002 (7 
                U.S.C. 8401(a)(1)) to determine which listed agents and 
                toxins more accurately fit the criteria for Registry 
                Agents (as described under such subsection (f)(4)).
            (2) Amendments to the public health service act.--Section 
        351A(a)(1)(B)(i) of the Public Health Service Act (42 U.S.C. 
        262a(a)(1)(B)(i)) is amended--
                    (A) in subclause (III), by striking ``; and'' and 
                inserting a semicolon;
                    (B) by redesignating subclause (IV) as subclause 
                (V); and
                    (C) by inserting after subclause (III) the 
                following:
                                    ``(IV) security risks identified by 
                                biological risk assessments conducted 
                                by the Department of Homeland Security, 
                                the Department of Health and Human 
                                Services, the Department of 
                                Agriculture, the Department of Defense, 
                                and other relevant agencies and 
                                entities; and''.
            (3) Amendment to the agricultural bioterrorism protection 
        act of 2002.--Section 212(a)(1)(B)(i) of the Agricultural 
        Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) 
        is amended--
                    (A) in subclause (III), by striking ``; and'' and 
                inserting a semicolon;
                    (B) by redesignating subclause (IV) as subclause 
                (V); and
                    (C) by inserting after subclause (III) the 
                following:
                                    ``(IV) security risks identified by 
                                biological risk assessments conducted 
                                by the Department of Homeland Security, 
                                the Department of Health and Human 
                                Services, the Department of 
                                Agriculture, the Department of Defense, 
                                and other relevant agencies and 
                                entities; and''.
    (c) Report.--Not later than 270 days after the date of enactment of 
this Act, the Secretary of Health and Human Services, in coordination 
with the Secretary Homeland Security and the Secretary of Agriculture, 
shall report to the Committee on Homeland Security and Governmental 
Affairs, the Committee on Health, Education, Labor, and Pensions, the 
Committee on Agriculture, Nutrition, and Forestry, and the Committee on 
Armed Services of the Senate, and to the Committee on Homeland 
Security, the Committee on Energy and Commerce, the Committee on 
Agriculture, and the Committee on Armed Services of the House of 
Representatives regarding the implementation of this section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
    (e) Conforming Amendments.--
            (1) Public health service act.--Section 351A of the Public 
        Health Service Act (42 U.S.C. 262a) is amended--
                    (A) in subsection (e)(7)(B)(ii) by striking 
                ``subsection (h)'' and inserting ``subsection (i)'';
                    (B) in subsection (i)(1)(E), as so redesignated, by 
                striking ``subsection (f)'' and inserting ``subsection 
                (g)'';
                    (C) in subsection (k), as so redesignated, by 
                striking ``subsection (l)'' and inserting ``subsection 
                (m)''; and
                    (D) in subsection (l), as so redesignated, by 
                striking ``subsection (j)'' and inserting ``subsection 
                (k)''.
            (2) Agricultural bioterrorism protection act of 2002.--
        Section 212(g)(1)(E) of the Agricultural Bioterrorism 
        Protection Act of 2002 (7 U.S.C. 8401(g)(1)(E)) is amended by 
        striking ``351A(g)(3)'' and inserting ``351A(h)(3)''.

SEC. 104. BACKGROUND CHECKS.

    Section 351A(e)(3)(A) of the Public Health Service Act (42 U.S.C. 
262a(e)(3)(A)) is amended by adding at the end the following: ``In 
identifying whether an individual is within a category specified in 
subparagraph (B)(ii)(II), the Attorney General shall consult with the 
Secretary of Homeland Security to determine if the Department of 
Homeland Security possesses any information relevant to the 
identification of such an individual by the Attorney General.''.

SEC. 105. BIOLOGICAL LABORATORY PROTECTION.

    (a) Academic and Nonprofit High Containment Biological Laboratory 
Protection Grants.--
            (1) Grants authorized.--The Secretary of Homeland Security, 
        acting through the Administrator of the Federal Emergency 
        Management Agency, may award grants to academic and nonprofit 
        organizations to implement security improvements at 
        laboratories that handle Tier I agents or toxins, as so 
        designated under section 351A(a)(2) of the Public Health 
        Service Act or section 212(a)(2) of the Agricultural 
        Bioterrorism Protection Act of 2002.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of Homeland Security to 
        carry out this subsection, $50,000,000 for each of fiscal years 
        2010 through 2013.
    (b) Voluntary Vulnerability Assessments.--In carrying out section 
201(d)(2) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)(2)), 
the Secretary of Homeland Security shall encourage the voluntary 
participation of laboratories working with biological agents and 
toxins, as so designated under section 351A(a)(1) of the Public Health 
Service Act (42 U.S.C. 262a(a)(1)) or section 212(a)(1) of the 
Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)), 
commensurate with the risks such agents and toxins pose.

SEC. 106. BIOSECURITY INFORMATION SHARING.

    (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.), as amended by section 102, is amended by adding at 
the end the following:

``SEC. 319. BIOSECURITY INFORMATION SHARING.

    ``(a) In General.--Consistent with the responsibilities under 
section 201(d), the Secretary shall ensure that State, local, and 
tribal governments have access to relevant safety and security 
information relating to biological laboratories and facilities in or in 
close proximity to the jurisdiction of the State, local, or tribal 
government, as the Secretary determines appropriate.
    ``(b) Access to Information in Databases.--In carrying out this 
section, the Secretary may disseminate to State, local, and tribal 
governments relevant information from the national databases 
established under subsections (d)(2) and (f)(1) of section 351A of the 
Public Health Service Act (42 U.S.C. 262a) and section 212(d)(2) of the 
Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(d)(2)).
    ``(c) Classified and Sensitive Information.--The Secretary shall 
ensure that any information disseminated under this section is 
disseminated consistent with--
            ``(1) the authority of the Director of National 
        Intelligence to protect intelligence sources and methods under 
        the National Security Act of 1947 (50 U.S.C. 401 et seq.) and 
        related procedures or similar authorities of the Attorney 
        General concerning sensitive law enforcement information;
            ``(2) section 552a of title 5, United States Code (commonly 
        referred to as the Privacy Act of 1974); and
            ``(3) other relevant laws.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 318, 
as added by section 102, the following:

``Sec. 319. 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.

    Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) 
is amended by inserting after section 319M the following:

``SEC. 319N. NATIONAL MEDICAL COUNTERMEASURE DISPENSING STRATEGY.

    ``(a) Definitions.--In this section--
            ``(1) the term `appropriate committees of Congress' means--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on Health, 
                Education, Labor, and Pensions of the Senate; and
                    ``(B) the Committee on Homeland Security, the 
                Committee on Energy and Commerce, and the Committee on 
                Oversight and Government Reform of the House of 
                Representatives;
            ``(2) the term `dispense' means to provide prophylaxis and 
        other related medical material to an affected population in 
        response to a threat or incident; and
            ``(3) the term `medical countermeasures' means a drug or 
        biological product used to mitigate, prevent, or treat harm 
        from any biological agent (including organisms that cause an 
        infectious disease) or toxin or chemical, radiological, or 
        nuclear threat that may cause a public health emergency.
    ``(b) Strategy.--The Secretary, in coordination with the Secretary 
of Homeland Security and the Postmaster General, shall develop, 
coordinate, and maintain a National Medical Countermeasure Dispensing 
Strategy (referred to in this section as the `National MCM Dispensing 
Strategy').
    ``(c) Contents.--The National MCM Dispensing Strategy shall--
            ``(1) encompass all aspects of the Federal role in 
        dispensing medical countermeasures (referred to in this section 
        as `MCMs') and describe methods by which the Federal Government 
        may assist State, local, and tribal governments to dispense 
        MCMs;
            ``(2) address a variety of geographical areas, population 
        densities, and demographics;
            ``(3) create a multilayered approach for the dispensing of 
        MCMs that includes redundancies;
            ``(4) address--
                    ``(A) a staffing plan for dispensing MCMs, 
                including--
                            ``(i) for MCM dispensing locations; and
                            ``(ii) for dispensing through the United 
                        States Postal Service;
                    ``(B) requirements for timeliness of MCM 
                dispensing;
                    ``(C) appropriateness, effectiveness, and 
                efficiency of differing methods of MCM dispensing;
                    ``(D) measures and evaluations of MCM dispensing 
                effectiveness and efficiency;
                    ``(E) liability issues associated with MCM 
                dispensing, considering--
                            ``(i) the volunteer force;
                            ``(ii) medical personnel;
                            ``(iii) potential adverse reactions to 
                        medications;
                            ``(iv) participating employees of the 
                        United States Postal Service; and
                            ``(v) security personnel;
                    ``(F) security issues, including--
                            ``(i) partnerships with law enforcement; 
                        and
                            ``(ii) necessary levels of security to 
                        protect MCM dispensing locations and related 
                        personnel, participating employees of the 
                        United States Postal Service, and 
                        transportation of MCMs;
                    ``(G) communications issues, including--
                            ``(i) communications between the Federal, 
                        State, local, and tribal government officials 
                        that may be involved in dispensing MCMs;
                            ``(ii) communications between the 
                        government and private sector; and
                            ``(iii) the creation of prescripted public 
                        message statements informing people how they 
                        can acquire MCMs;
                    ``(H) transportation of MCMs to dispensing 
                locations;
                    ``(I) implementation and operations of dispensing 
                plans;
                    ``(J) necessary levels of Federal technical 
                assistance in developing MCM dispensing capabilities; 
                and
                    ``(K) any other topics that the Secretary 
                determines appropriate;
            ``(5) in coordination with the Secretary of Homeland 
        Security, include a plan to develop a pre-incident public 
        information campaign that will inform the public of--
                    ``(A) personal preparedness for a biological attack 
                or naturally occurring disease outbreak;
                    ``(B) options for obtaining MCMs;
                    ``(C) options for receiving medical care during a 
                public health emergency; and
                    ``(D) any other issues that the Secretary 
                determines appropriate; and
            ``(6) be exercised regularly in various jurisdictions.
    ``(d) Coordination.--Where appropriate, the Secretary, in 
coordination with the Secretary of Homeland Security and the Postmaster 
General, shall coordinate with State, local, and tribal government 
officials, private sector, and nongovernmental organizations in 
development of the National MCM Dispensing Strategy.
    ``(e) Reports to Congress.--
            ``(1) In general.--The Secretary, in coordination with the 
        Secretary of Homeland Security and the Postmaster General, 
        shall--
                    ``(A) not later than 180 days after the date of 
                enactment of this section, submit the National MCM 
                Dispensing Strategy to the appropriate committees of 
                Congress; and
                    ``(B) not later than 180 days after the submission 
                of the Strategy under subparagraph (A), submit an 
                implementation plan for such Strategy to the 
                appropriate committees of Congress.
            ``(2) Status report.--Not later than 1 year after the 
        submission of the implementation plan under paragraph (1)(B), 
        the Secretary, in coordination with the Secretary of Homeland 
        Security and the Postmaster General, shall submit to the 
        appropriate committees of Congress a report describing the 
        status of the activities taken pursuant to the implementation 
        plan.''.

SEC. 202. TAILORING OF THE NATIONAL MEDICAL COUNTERMEASURE DISPENSING 
              STRATEGY.

    (a) In General.--
            (1) Plans.--The Secretary of Health and Human Services, in 
        coordination with the Secretary of Homeland Security and, where 
        appropriate, the Postmaster General, shall tailor the National 
        MCM Dispensing Strategy established under section 319N of the 
        Public Health Service Act (as added by section 201) for--
                    (A) Cities Readiness Initiative jurisdictions and 
                other densely populated metropolitan areas deemed at 
                highest risk of being the target of a terrorist attack;
                    (B) representative localities of varying geographic 
                sizes, population densities, and demographics; and
                    (C) any other unique or specific local needs the 
                Secretary of Health and Human Services deems 
                appropriate.
            (2) Consultation with state, local, and tribal 
        governments.--In fulfilling the requirements of paragraph (1), 
        the Secretary of Health and Human Services, in coordination 
        with the Secretary of Homeland Security and, where appropriate, 
        the Postmaster General, shall consult with State, local, and 
        tribal officials.
            (3) Review.--The Secretary of Homeland Security, during and 
        in conjunction with the creation of tailored National MCM 
        Dispensing Strategy plans under paragraph (1), shall--
                    (A) provide a review of transportation and 
                logistics capabilities for moving medical 
                countermeasures from State, local, and tribal 
                receiving, staging, and storing sites to dispensing 
                locations;
                    (B) review security plans and capabilities for 
                protecting transportation of medical countermeasures 
                and dispensing locations;
                    (C) work in coordination with the Postmaster 
                General to review security for protecting United States 
                Postal Service employees performing dispensing;
                    (D) assist State, local, and tribal governments in 
                building partnerships with law enforcement to perform 
                security for medical countermeasure transportation and 
                dispensing;
                    (E) assist State, local, and tribal governments in 
                working with emergency response providers to create 
                appropriate roles for their participation in the 
                tailored Strategy plans; and
                    (F) determine other assistance that may be offered 
                to State, local, and tribal governments with respect to 
                logistics, transportation, security, or other issues 
                that the Secretary of Homeland Security determines 
                appropriate.
    (b) Definition.--In this section, the term ``emergency response 
provider'' has the meaning given that term in section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101).

SEC. 203. EXPANSION IN THE USE OF THE U.S. POSTAL SERVICE TO DELIVER 
              MEDICAL COUNTERMEASURES.

    (a) In General.--The Secretary of Health and Human Services, in 
coordination with the Postmaster General and the Secretary of Homeland 
Security, shall expand existing pilot programs to utilize the United 
States Postal Service to deliver medical countermeasures in a public 
health emergency.
    (b) Timeline.--The Postmaster General shall increase the ability of 
the United States Postal Service to deliver medical countermeasures to 
homes in--
            (1) 5 additional Cities Readiness Initiative jurisdictions 
        not later than 1 year after the date of enactment of this Act; 
        and
            (2) 15 additional Cities Readiness Initiative jurisdictions 
        not later than 2 years after the date of enactment of this Act.
    (c) USPS Medkits.--The Secretary of Health and Human Services, in 
coordination with the Postmaster General and the Secretary of Homeland 
Security, shall, on a biennial basis, reevaluate the contents of 
medkits provided to enrolled United States Postal Service employees 
under the U.S. Postal Service Dispensing Plan.
    (d) Content Consideration.--In establishing the appropriate 
contents for medkits under subsection (c), the Secretary of Health and 
Human Services shall--
            (1) consider information available from any biological or 
        bioterrorism risk assessments conducted by the Department of 
        Homeland Security or other relevant assessments by other 
        departments or the intelligence community;
            (2) consider the criteria described in section 
        351A(a)(1)(B) of the Public Health Service Act (42 U.S.C. 
        262a(a)(1)(B));
            (3) consult with private and public organizations, as 
        appropriate; and
            (4) consider such other criteria and information that the 
        Secretary of Health and Human Services and the Secretary of 
        Homeland Security determine appropriate.
    (e) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary of Health and Human Services, the Postmaster 
General, and the Secretary of Homeland Security shall submit to the 
appropriate committees of Congress a report on the implementation of 
this section.
    (f) Definitions.--In this section--
            (1) the term ``appropriate committees of Congress'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on Health, 
                Education, Labor, and Pensions of the Senate; and
                    (B) the Committee on Homeland Security, the 
                Committee on Energy and Commerce, and the Committee on 
                Oversight and Government Reform of the House of 
                Representatives;
            (2) the term ``medkit'' means a cache of antibiotics and 
        other medical countermeasures to be used during a public health 
        emergency; and
            (3) the term ``public health emergency'' means a public 
        health emergency declared by the Secretary of Health and Human 
        Services under section 319 of the Public Health Service Act (42 
        U.S.C. 247d).
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 204. DISPENSING MEDICAL COUNTERMEASURES THROUGH EMPLOYERS.

    (a) Definitions.--In this section--
            (1) the term ``appropriate committees of Congress'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on Health, 
                Education, Labor, and Pensions of the Senate; and
                    (B) the Committee on Homeland Security and the 
                Committee on Energy and Commerce of the House of 
                Representatives;
            (2) the terms ``biological agent'' and ``toxin'' have the 
        meanings given those terms in section 178 of title 18, United 
        States Code;
            (3) the term ``covered Federal facility'' means a Federal 
        facility determined by the Secretary of Health and Human 
        Services, in coordination with the Secretary of Homeland 
        Security, to be of sufficient size, workforce level, and 
        geographic location to warrant developing a plan for receiving 
        and dispensing medical countermeasures to employees working in 
        the Federal facility;
            (4) the term ``dispense'' means to provide prophylaxis and 
        other related medical material to an affected population in 
        response to a threat or incident; and
            (5) the term ``medical countermeasures'' means a drug or 
        biological product used to mitigate, prevent, or treat harm 
        from any biological agent (including organisms that cause an 
        infectious disease) or toxin or chemical, radiological, or 
        nuclear threat that may cause a public health emergency.
    (b) Federal Plan.--
            (1) In general.--The head of each executive agency, in 
        consultation with the Secretary of Health and Human Services 
        and the Secretary of Homeland Security, shall develop a plan to 
        receive and dispense medical countermeasures to individuals 
        employed by the executive agency--
                    (A) if the individuals work in a covered Federal 
                facility that is likely the target, or located in an 
                area that is likely a target, of an act of terrorism 
                involving a biological agent or toxin; or
                    (B) in the event of a naturally occurring outbreak 
                of an infectious disease that may result in a national 
                epidemic.
            (2) Contents.--The plans developed under paragraph (1) 
        shall identify individuals in the covered Federal facility who 
        will be performing receiving and dispensing of medical 
        countermeasures to employees.
            (3) Review.--The Secretary of Health and Human Services, in 
        coordination with the Secretary of Homeland Security, shall 
        review and approve the plans developed under paragraph (1).
            (4) Exercises.--On a biennial basis, the head of each 
        executive agency shall conduct exercises of the plan developed 
        by the head of the executive agency under paragraph (1).
    (c) Other Employers.--The Secretary of Health and Human Services, 
in coordination with Secretary of Homeland Security, shall establish a 
set of best practices to guide and promote medical countermeasure 
dispensing capabilities among private sector entities.
    (d) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Health and Human Services, in coordination 
with the Secretary of Homeland Security, shall submit to the 
appropriate committees of Congress a report on the implementation of 
this section.

SEC. 205. PERSONAL MEDKITS FOR EMERGENCY RESPONSE PROVIDERS.

    (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.), as amended by section 106, is further amended by 
adding at the end the following:

``SEC. 320. PERSONAL MEDKITS FOR EMERGENCY RESPONDERS.

    ``(a) Definitions.--In this section--
            ``(1) the term `appropriate committees of Congress' means--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on Health, 
                Education, Labor, and Pensions of the Senate; and
                    ``(B) the Committee on Homeland Security and the 
                Committee on Energy and Commerce of the House of 
                Representatives;
            ``(2) the term `emergency responders' means an emergency 
        response provider or an active member of a local citizen 
        preparedness organization, including Community Emergency 
        Response Teams, the Medical Reserve Corps, the Fire Corps, and 
        the citizen preparedness programs of the American Red Cross;
            ``(3) the term `immediate family member' means an 
        individual who is a cohabitating family member or domestic 
        partner;
            ``(4) the term `medkit' means a cache of antibiotics and 
        other medical countermeasures to be used during a public health 
        emergency;
            ``(5) the term `medkit program' means the program 
        established under subsection (b); and
            ``(6) the term `public health emergency' means a public 
        health emergency declared by the Secretary of Health and Human 
        Services under section 319 of the Public Health Service Act (42 
        U.S.C. 247d).
    ``(b) Establishment.--The Secretary, in coordination with the 
Secretary of Health and Human Services, shall establish a program to 
distribute medkits to emergency responders and immediate family members 
of emergency responders.
    ``(c) Medkit Program Components.--
            ``(1) In general.--An emergency responder or immediate 
        family member of an emergency responder participating in the 
        medkit program shall--
                    ``(A) register with the Secretary;
                    ``(B) before the distribution of a medkit, receive 
                training regarding--
                            ``(i) the proper use and dosing of medical 
                        countermeasures;
                            ``(ii) reporting of the use of a medkit;
                            ``(iii) the proper storage of a medkit; and
                            ``(iv) any other topic determined 
                        appropriate by the Secretary;
                    ``(C) before the distribution of a medkit, undergo 
                appropriate medical screening; and
                    ``(D) report the use of a medkit within a 
                reasonable time period, as established by the 
                Secretary.
            ``(2) Inventory.--The Secretary shall conduct an annual 
        inventory of medkits distributed under the medkit program.
    ``(d) Authorization and Contents.--
            ``(1) In general.--The Secretary shall coordinate with the 
        Secretary of Health and Human Services and the Commissioner of 
        Food and Drugs to--
                    ``(A) seek a pre-incident emergency use 
                authorization under section 564 of the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 360bbb-3) to allow 
                distribution and use of medkits under the medkit 
                program; and
                    ``(B) establish the appropriate contents for 
                medkits distributed under the medkit program.
            ``(2) Content consideration.--In establishing the 
        appropriate contents for medkits under paragraph (1)(B), the 
        Secretary shall--
                    ``(A) consider information available from any 
                biological or bioterrorism risk assessments conducted 
                by the Department of Homeland Security or other 
                relevant assessments by other departments or the 
                intelligence community;
                    ``(B) consider the criteria described in section 
                351A(a)(1)(B) of the Public Health Service Act (42 
                U.S.C. 262a(a)(1)(B));
                    ``(C) consult with relevant private and public 
                organizations; and
                    ``(D) consider such other criteria and information 
                that the Secretary and the Secretary of Health and 
                Human Services determine appropriate.
    ``(e) Report.--Not later than 180 days after the date of enactment 
of this section, the Secretary shall submit to the appropriate 
committees of Congress a report on the implementation of this section.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 319, 
as added by section 106 of this Act, the following:

``Sec. 320. Personal medkits for emergency responders.''.

SEC. 206. GENERAL PUBLIC MEDKIT PILOT PROGRAM.

    (a) Definitions.--In this section--
            (1) the term ``medical countermeasures'' means a drug or 
        biological product used to mitigate, prevent, or treat harm 
        from any biological agent (including organisms that cause an 
        infectious disease) or toxin or chemical, radiological, or 
        nuclear agent that may cause a public health emergency; and
            (2) the term ``medkit'' means a cache of antibiotics and 
        other medical countermeasures to be used during a public health 
        emergency declared by the Secretary of Health and Human 
        Services under section 319 of the Public Health Service Act (42 
        U.S.C. 247d).
    (b) Pilot Program.--The Secretary of Health and Human Services, in 
coordination with the Secretary of Homeland Security, shall conduct a 
pilot program to study the feasibility of providing personal medkits to 
the public.
    (c) Requirements.--In carrying out the pilot program, the Secretary 
of Health and Human Services, in coordination with the Secretary of 
Homeland Security, shall ensure that--
            (1) enrollment of participants in the pilot program 
        encompasses a diverse range of municipality sizes, various 
        geographic locations, and different socioeconomic statuses;
            (2) the number of enrolled participants in the program 
        shall be expanded significantly beyond the number of those 
        enrolled in the 2006 St. Louis Medkit evaluation study, 
        conducted by the Centers for Disease Control and Prevention, to 
        at least 10,000 participants;
            (3) the program shall evaluate the ability of households to 
        maintain medkits in the home as directed and reserve for 
        emergency use; and
            (4) prior to obtaining a medkit, participants are required 
        to receive training regarding--
                    (A) proper use and dosing of medical 
                countermeasures;
                    (B) reporting of use of medkits;
                    (C) proper storage of medkits; and
                    (D) any other information that the Secretary of 
                Health and Human Services and the Secretary of Homeland 
                Security determine appropriate.
    (d) Authorization and Content.--The Secretary of Health and Human 
Services and the Secretary of Homeland Security shall coordinate with 
the Commissioner of Food and Drugs--
            (1) to obtain an emergency use authorization under section 
        564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        360bbb-3) to allow distribution of medkits for the purpose of 
        the pilot program; and
            (2) to establish the appropriate contents of medkits to the 
        public for the pilot program.
    (e) Report.--
            (1) Appropriate committees of congress.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on Health, 
                Education, Labor, and Pensions of the Senate; and
                    (B) the Committee on Homeland Security and the 
                Committee on Energy and Commerce of the House of 
                Representatives.
            (2) Report.--Not later than 90 days after completion of the 
        program under this section, the Secretary of Health and Human 
        Services, in coordination with the Secretary of Homeland 
        Security, shall submit to the appropriate committees of 
        Congress a report on the conclusions of such program. The 
        report shall include recommendations and conclusions on the 
        feasibility of creating a national medkit program, through 
        which medkits would be distributed widely to the public.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

           Subtitle B--Bioforensics Capabilities and Strategy

SEC. 211. BIOFORENSICS CAPABILITIES AND STRATEGY.

    (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.), as amended by section 205, is further amended by 
adding at the end the following:

``SEC. 321. BIOFORENSICS CAPABILITIES AND STRATEGY.

    ``(a) Definitions.--In this section--
            ``(1) the term `appropriate committees of Congress' means--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on the Judiciary, 
                the Committee on Health, Education, Labor, and 
                Pensions, the Committee on Agriculture, Nutrition, and 
                Forestry, and the Committee on Armed Services of the 
                Senate; and
                    ``(B) the Committee on Homeland Security, the 
                Committee on the Judiciary, the Committee on Energy and 
                Commerce, the Committee on Agriculture, and the 
                Committee on Armed Services of the House of 
                Representatives;
            ``(2) the term `bioforensic' means the scientific 
        discipline dedicated to analyzing evidence from a bioterrorism 
        act, biological agent or toxin based criminal act, or 
        inadvertent biological agent or toxin release for attribution 
        purposes;
            ``(3) the term `National Bioforensics Analysis Center' 
        means the National Bioforensics Analysis Center established 
        under subsection (b);
            ``(4) the term `national bioforensics repository 
        collection' means the national bioforensics repository 
        collection established under subsection (c)(1); and
            ``(5) the term `national bioforensics strategy' means the 
        national bioforensics strategy developed under subsection 
        (d)(1).
    ``(b) National Bioforensics Analysis Center.--There is in the 
Department a National Bioforensics Analysis Center which shall--
            ``(1) serve as the lead Federal facility to conduct and 
        facilitate bioforensic analysis in support of the executive 
        agency with primary responsibility for responding to the 
        biological incident;
            ``(2) maintain the national bioforensics repository 
        collection as a reference collection of biological agents and 
        toxins for comparative bioforensic identifications; and
            ``(3) support threat agent characterization studies and 
        bioforensic assay development.
    ``(c) National Bioforensic Repository Collection.--
            ``(1) In general.--The National Bioforensics Analysis 
        Center shall maintain a national bioforensics repository 
        collection.
            ``(2) Activities.--The national bioforensics repository 
        collection shall--
                    ``(A) receive, store, and distribute biological 
                threat agents and toxins and related biological agents 
                and toxins;
                    ``(B) serve as a reference collection for 
                comparative bioforensic identifications; and
                    ``(C) support threat agent characterization studies 
                and bioforensic assay development.
            ``(3) Participation.--
                    ``(A) In general.--The Secretary, the Attorney 
                General, the Secretary of Health and Human Services, 
                the Secretary of Agriculture, the Secretary of Defense, 
                and the head of any other appropriate executive agency 
                with a biological agent or toxin collection that is 
                useful for the bioforensic analysis of biological 
                incidents, performance of biological threat agent 
                characterization studies, or development of bioforensic 
                assays shall provide all relevant biological agents and 
                toxins, as determined by the Secretary, which shall not 
                include any variola virus, to the national bioforensics 
                repository collection.
                    ``(B) Other biological agents and toxins.--The 
                Secretary shall encourage the contribution of public 
                and private biological agent and toxin collections to 
                the national bioforensics repository collection that 
                were collected or created with support from a Federal 
                grant or contract and that support the functions 
                described in paragraph (2).
            ``(4) Access.--The Secretary shall--
                    ``(A) provide an executive agency that submits a 
                biological agent or toxin to the national bioforensics 
                repository collection with access to the national 
                bioforensics repository collection; and
                    ``(B) establish a mechanism to provide public and 
                private entities with access to the national 
                bioforensics repository collection, as appropriate, for 
                academic analysis of a biological agent or toxin in the 
                national bioforensics repository collection.
            ``(5) Report.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this section, the Secretary, 
                in consultation with the Attorney General, the 
                Secretary of Health and Human Services, the Secretary 
                of Agriculture, the Secretary of Defense, and the head 
                of any other appropriate executive agency that will 
                participate in or contribute to the national 
                bioforensics repository collection, shall submit to the 
                appropriate committees of Congress a report regarding 
                the national bioforensics repository collection.
                    ``(B) Contents.--The report submitted under 
                subparagraph (A) shall--
                            ``(i) discuss the status of the 
                        establishment of the national bioforensics 
                        repository collection;
                            ``(ii) identify domestic and international 
                        biological agent and toxin collections that 
                        would prove useful in carrying out the 
                        functions of the national bioforensics 
                        repository collection;
                            ``(iii) examine any access or participation 
                        issues affecting the establishment of the 
                        national bioforensics repository collection or 
                        the ability to support bioforensic analysis, 
                        threat characterization studies, or bioforensic 
                        assay development, including--
                                    ``(I) intellectual property 
                                concerns;
                                    ``(II) access to collected or 
                                created biological agent or toxin 
                                collections funded by a Federal grant 
                                or contract;
                                    ``(III) costs for the national 
                                bioforensics repository collection 
                                associated with accessing domestic and 
                                international biological agent and 
                                toxin collections;
                                    ``(IV) costs incurred by domestic 
                                and international biological agent and 
                                toxin collections to allow broad access 
                                or contribute biological agents or 
                                toxins to the national bioforensics 
                                repository collection; and
                                    ``(V) access to the national 
                                bioforensics repository collection by 
                                public and private researchers to 
                                support threat characterization studies 
                                and bioforensic assay development; and
                            ``(iv) other issues determined appropriate 
                        by the Secretary.
    ``(d) National Bioforensic Strategy.--
            ``(1) In general.--The Secretary, in coordination with the 
        Attorney General, the Secretary of Health and Human Services, 
        the Secretary of Agriculture, the Secretary of Defense, and the 
        head of any other appropriate executive agency, as determined 
        by the Secretary, shall develop, coordinate, and maintain a 
        national bioforensics strategy.
            ``(2) Contents.--The national bioforensics strategy shall--
                    ``(A) provide for a coordinated approach across all 
                executive agencies with responsibilities for analyzing 
                evidence from a bioterrorism act, biological agent or 
                toxin based criminal act, or inadvertent biological 
                agent or toxin release for attribution purposes;
                    ``(B) describe the roles and responsibilities of 
                all relevant executive agencies;
                    ``(C) establish mechanisms, in coordination with 
                State, local, and tribal governments, for coordinating 
                with law enforcement agencies in analyzing bioforensic 
                evidence;
                    ``(D) include guidance for collecting, processing, 
                and analyzing samples; and
                    ``(E) provide for a coordinated approach across all 
                executive agencies to support threat agent 
                characterization research, funding, and assay 
                development.
            ``(3) Report.--Not later than 180 days after the date of 
        enactment of this section, the Secretary, in consultation with 
        the Attorney General, the Secretary of Health and Human 
        Services, the Secretary of Agriculture, the Secretary of 
        Defense, and the head of any other appropriate executive 
        agency, as determined by the Secretary, shall submit to the 
        appropriate committees of Congress the national bioforensics 
        strategy.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 320, 
as added by section 205 of this Act, the following:

``Sec. 321. Bioforensics capabilities and strategy.''.

                  Subtitle C--Communications Planning

SEC. 221. COMMUNICATIONS PLANNING.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended by adding at the end the following:

``SEC. 525. COMMUNICATIONS PLANNING.

    ``(a) Incorporation of Communications Plans.--
            ``(1) In general.--The Secretary, acting through the 
        Administrator of the Federal Emergency Management Agency, shall 
        incorporate into each operational plan developed under sections 
        653(a)(4) and 653(b) of the Post-Katrina Emergency Management 
        Reform Act of 2006 (6 U.S.C. 701 note) a communications plan 
        for providing information to the public related to preventing, 
        preparing for, protecting against, and responding to imminent 
        natural disasters, acts of terrorism, and other man-made 
        disasters, including incidents involving the use of weapons of 
        mass destruction and other potentially catastrophic events.
            ``(2) Consultation.--In developing communications plans 
        under paragraph (1), the Administrator shall consult with 
        State, local, and tribal governments and coordinate, as the 
        Administrator considers appropriate, with other Federal 
        departments and agencies that have responsibilities under the 
        National Response Framework and other relevant Federal 
        departments and agencies.
    ``(b) Prescripted Messages and Message Templates.--
            ``(1) In general.--As part of the communication plans, the 
        Administrator shall develop prescripted messages or message 
        templates, as appropriate, to be included in the plans to be 
        provided to State, local, and tribal officials so that those 
        officials can quickly and rapidly disseminate critical 
        information to the public in anticipation or in the immediate 
        aftermath of a disaster or incident.
            ``(2) Development and design.--The prescripted messages or 
        message templates shall--
                    ``(A) be developed, as the Administrator determines 
                appropriate, in consultation with State, local, and 
                tribal governments and in coordination with other 
                Federal departments and agencies that have 
                responsibilities under the National Response Framework 
                and other relevant Federal departments and agencies;
                    ``(B) be designed to provide accurate, essential, 
                and appropriate information and instructions to the 
                population directly affected by a disaster or incident, 
                including information related to evacuation, sheltering 
                in place, and issues of immediate health and safety; 
                and
                    ``(C) be designed to provide accurate, essential, 
                and appropriate technical information and instructions 
                to emergency response providers and medical personnel 
                responding to a disaster or incident.
    ``(c) Communications Formats.--In developing the prescripted 
messages or message templates required under subsection (b), the 
Administrator shall develop each such prescripted message or message 
template in multiple formats to ensure delivery--
            ``(1) in cases where the usual communications 
        infrastructure is unusable as a result of the nature of a 
        disaster or incident; and
            ``(2) to individuals with disabilities or other special 
        needs and individuals with limited English proficiency in 
        accordance with section 616 of the Post-Katrina Emergency 
        Management Reform Act of 2006 (6 U.S.C. 701 note).
    ``(d) Dissemination and Technical Assistance.--The Administrator 
shall ensure that all prescripted messages and message templates 
developed under this section are made available to State, local, and 
tribal governments so that those governments may incorporate them, as 
appropriate, into their emergency plans. The Administrator shall also 
make available relevant technical assistance to those governments to 
support communications planning.
    ``(e) Exercises.--To ensure that the prescripted messages or 
message templates developed under this section can be effectively 
utilized in a disaster or incident, the Administrator shall incorporate 
such prescripted messages or message templates into exercises conducted 
under the National Exercise Program described in section 648 of the 
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 701 
note).
    ``(f) Report.--Not later than 1 year after the date of the 
enactment of this section, the Administrator shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of Representatives 
a copy of the communications plans required to be developed under this 
section, including prescripted messages or message templates developed 
in conjunction with the plans and a description of the means that will 
be used to deliver such messages in a natural disaster, act of 
terrorism, or other man-made disaster.''.
    (b) Table of Contents.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by 
inserting after the item relating to section 524 the following:

``Sec. 525. Communications planning.''.

SEC. 222. PLUME MODELING.

    (a) Definitions.--In this section--
            (1) the term ``appropriate committees of Congress'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on Energy and 
                Natural Resources, the Committee on Armed Services, and 
                the Committee on Health, Education, Labor, and Pensions 
                of the Senate; and
                    (B) the Committee on Homeland Security, the 
                Committee on Energy and Commerce, and the Committee on 
                Armed Services of the House of Representatives;
            (2) the term ``executive agency'' has the meaning given 
        that term in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101);
            (3) the term ``integrated plume model'' means a plume model 
        that integrates protective action guidance and other 
        information as the Secretary of Homeland Security determines 
        appropriate; and
            (4) the term ``plume model'' means the assessment of the 
        location and prediction of the spread of nuclear, radioactive, 
        or chemical fallout and biological pathogens resulting from an 
        explosion or release of nuclear, radioactive, chemical, or 
        biological substances.
    (b) Development.--
            (1) In general.--The Secretary of Homeland Security shall 
        develop and disseminate integrated plume models to enable rapid 
        response activities following a nuclear, radiological, 
        chemical, or biological explosion or release.
            (2) Scope.--The Secretary of Homeland Security shall--
                    (A) ensure the rapid development and distribution 
                of integrated plume models to appropriate officials of 
                the Federal Government and State, local, and tribal 
                governments to enable immediate response to a nuclear, 
                radiological, chemical, or biological incident; and
                    (B) establish mechanisms for dissemination by 
                appropriate emergency response officials of the 
                integrated plume models described in paragraph (1) to 
                nongovernmental organizations and the public to enable 
                appropriate response activities by individuals.
            (3) Consultation with other departments and agencies.--In 
        developing the integrated plume models described in this 
        section, the Secretary of Homeland Security shall consult, as 
        appropriate, with--
                    (A) the Secretary of Energy, the Secretary of 
                Defense, the Secretary of Health and Human Services, 
                and the heads of other executive agencies determined 
                appropriate by the Secretary of Homeland Security; and
                    (B) State, local, and tribal governments and 
                nongovernmental organizations.
    (c) Exercises.--The Secretary of Homeland Security shall ensure 
that the development and dissemination of integrated plume models are 
assessed during exercises administered by the Department of Homeland 
Security.
    (d) Reporting.--Not later than 180 days after the date of enactment 
of this Act, and every year thereafter, the Secretary of Homeland 
Security shall submit to the appropriate committees of Congress a 
report regarding--
            (1) the development and dissemination of integrated plume 
        models under this section; and
            (2) lessons learned from assessing the development and 
        dissemination of integrated plume models during exercises 
        administered by the Department of Homeland Security, and plans 
        for improving the development and dissemination of integrated 
        plume models, as appropriate.

   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.

    (a) Review.--Not later than 6 months after the date of the 
enactment of this Act, the Director of National Intelligence, in 
coordination with the Secretary of State, the Secretary of Homeland 
Security, the Secretary of Health and Human Services, the Secretary of 
Agriculture, and the heads of other appropriate Federal agencies, shall 
complete a global review of international biological security threats 
to the United States.
    (b) Content.--The review under this section shall--
            (1) assess global biological risks, including by describing 
        regions or countries with the greatest biological security 
        risk, taking into account factors such as--
                    (A) the presence and capabilities of a foreign 
                terrorist organization;
                    (B) the location of highest risk pathogen 
                collections; and
                    (C) the location of biological laboratories 
                operating with inadequate security measures; and
            (2) assess any gaps in knowledge about international 
        biosecurity threats.
    (c) Updates.--The Director shall update the review under this 
section as new or revised intelligence becomes available, but not less 
frequently than biennially.
    (d) Submission of Review or Update.--Not later than 6 months after 
the date of the enactment of this Act, and biennially thereafter, the 
Director shall submit the classified review or update to--
            (1) the Select Committee on Intelligence of the Senate;
            (2) the Committee on Armed Services of the Senate;
            (3) the Permanent Select Committee on Intelligence of the 
        House of Representatives; and
            (4) the Committee on Armed Services of the House of 
        Representatives.
    (e) Submission of Unclassified Summary and Classified Annex.--Not 
later than 6 months after the date of the enactment of this Act, and 
biennially thereafter, the Director shall submit an unclassified report 
and a classified annex summarizing the review or update to--
            (1) the Committee on Agriculture of the Senate;
            (2) the Committee on Health, Education, Labor, and Pensions 
        of the Senate;
            (3) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (4) the Committee on Agriculture of the House of the 
        Representatives;
            (5) the Committee on Energy and Commerce of the House of 
        Representatives; and
            (6) the Committee on Homeland Security of the House of 
        Representatives.
    (f) Sunset Date.--The requirements specified in subsections (c), 
(d), and (e) of this section shall terminate four years after the date 
of the enactment of this Act.

SEC. 302. STRENGTHENING INTERNATIONAL BIOSECURITY.

    (a) Technical and Financial Assistance Authorized.--The Secretary 
of State, in coordination with the Secretary of Health and Human 
Services, the Secretary of Agriculture, the Secretary of Homeland 
Security, and other appropriate agencies, shall provide technical and 
financial assistance, including the activities described in subsection 
(b), to countries or regions identified by the Threat Assessment 
mandated in section 301.
    (b) Authorized Activities.--
            (1) Reducing and securing dangerous pathogen collections.--
        The Secretary of State shall--
                    (A) provide assistance to remove or consolidate an 
                agent or toxin designated as a Tier I agent under 
                section 351A(a)(2) of the Public Health Service Act or 
                section 212(a)(2) of the Agricultural Bioterrorism 
                Protection Act of 2002 (in this subtitle referred to as 
                a ``Tier I agent'') and other dangerous pathogen 
                collections spread among multiple locations within a 
                country or region into facilities with appropriate 
                safety and security;
                    (B) provide assistance to replace dangerous or 
                obsolete pathogen isolation techniques with modern 
                diagnostic tools to improve safety and security and to 
                reduce the number and size of dangerous pathogen 
                collections in high risk regions and countries;
                    (C) encourage countries to eliminate stores of Tier 
                I agents and other dangerous pathogen collections in 
                exchange for facilitating access to state-of-the-art 
                civilian research at international facilities;
                    (D) provide assistance to identify and secure Tier 
                I agents and other dangerous pathogen collections in 
                high risk regions and countries; and
                    (E) carry out such other activities as the 
                Secretary of State considers necessary to achieve the 
                purposes of this subtitle.
            (2) Prevention and protection.--The Secretary of State 
        shall--
                    (A) raise awareness of international biological 
                threats with foreign governments, academic 
                institutions, and industrial laboratories handling Tier 
                I agents and other dangerous pathogen collections 
                through conferences, seminars and workshops;
                    (B) provide physical security upgrades at high risk 
                laboratories;
                    (C) train foreign partners in high risk regions on 
                best laboratory biosecurity practices within facilities 
                handling Tier I agents and other dangerous pathogen 
                collections;
                    (D) assist foreign countries in establishing 
                personnel reliability measures, as part of a 
                comprehensive laboratory management system;
                    (E) partner with foreign governments, laboratories, 
                and scientists in activities that strengthen and 
                reinforce best biological safety and security practices 
                within facilities handling Tier I agents and other 
                dangerous pathogen collections;
                    (F) enhance information sharing through regular 
                meetings of relevant United States and foreign 
                government agencies with subject matter expertise on 
                pathogen security and laboratory best practices in high 
                risk regions;
                    (G) increase support for United States science and 
                technology agreements and initiatives in high risk 
                regions and countries, including collaborative projects 
                in the areas of bioterrorism prevention, infectious 
                disease control, disease surveillance, bioforensics, 
                laboratory biosafety, and hazardous waste management; 
                and
                    (H) develop laboratory biosafety and biosecurity 
                standards and guidelines, including personnel 
                reliability measures, for facilities handling Tier I 
                agents and other dangerous pathogen collections.
            (3) Science and technology exchange.--The Secretary of 
        State shall--
                    (A) promote research and development collaboration 
                on highly infectious human, animal and plant disease 
                agents in facilities with appropriate safety and 
                security measures;
                    (B) provide opportunities for foreign scientists, 
                particularly those located in highest risk countries 
                identified in section 301, to receive training in the 
                United States on biological safety and security best 
                practices, standard operating procedures, and 
                maintenance for high containment facilities; and
                    (C) facilitate the secure exchange of research 
                samples between laboratories in the United States and 
                foreign national laboratories for the development of 
                vaccines and diagnostics for Tier I agents and other 
                dangerous pathogens.

SEC. 303. PROMOTING SECURE BIOTECHNOLOGY ADVANCEMENT.

    (a) Plan To Promote International Adherence to International 
Agreements.--The Secretary of State, in coordination with appropriate 
agencies, shall produce and implement a plan for promoting 
international adherence to, and implementation of, frameworks, 
treaties, and other international agreements regarding weapons of mass 
destruction, including the Biological Weapons Convention, World Health 
Organization International Health regulations, and United Nations 
Security Council Resolution 1540.
    (b) Biotechnology Discussions.--
            (1) In general.--The Secretary of State shall pursue 
        discussions with government, academic, and industry 
        representatives in countries that possess established or 
        emerging biotechnology sectors or are identified as high-risk 
        countries in the Threat Assessment required under section 301.
            (2) Topics.--Topics to be discussed under paragraph (1) 
        shall include--
                    (A) multilateral initiatives intended to promote 
                safe and secure biotechnology;
                    (B) norms and safeguards necessary to prevent the 
                misuse of biotechnology;
                    (C) multilateral initiatives intended to counter 
                the threat of biological terrorism; and
                    (D) other topics on international biosecurity that 
                the Secretary of State considers to be relevant.

                Subtitle B--Global Pathogen Surveillance

SEC. 321. SHORT TITLE.

    This subtitle may be cited as the ``Global Pathogen Surveillance 
Act of 2009''.

SEC. 322. FINDINGS; PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) The frequency of the occurrence of biological events 
        that could threaten the national security of the United States 
        has increased and is likely increasing. The threat to the 
        United States from such events includes threats from diseases 
        that infect humans, animals, or plants regardless of whether 
        such diseases are introduced naturally, accidentally, or 
        intentionally.
            (2) Bioterrorism poses a grave national security threat to 
        the United States. The insidious nature of a bioterrorist 
        attack, the likelihood that the recognition of such an attack 
        would be delayed, and the underpreparedness of the domestic 
        public health infrastructure to respond to such an attack could 
        result in catastrophic consequences following a biological 
        weapons attack against the United States.
            (3) The ability to recognize that a country or organization 
        is carrying out a covert biological weapons program is 
        dependent on a number of indications and warnings. A critical 
        component of this recognition is the timely detection of 
        sentinel events such as community-level outbreaks that could be 
        the earliest indication of an emerging bioterrorist program in 
        a foreign country. Early detection of such events may enable 
        earlier counterproliferation intervention.
            (4) A contagious pathogen engineered as a biological weapon 
        and developed, tested, produced, or released in a foreign 
        country could quickly spread to the United States. Considering 
        the realities of international travel, trade, and migration 
        patterns, a dangerous pathogen appearing naturally, 
        accidentally, or intentionally anywhere in the world can spread 
        to the United States in a matter of days, before any effective 
        quarantine or isolation measures could be implemented.
            (5) To combat bioterrorism effectively and ensure that the 
        United States is fully prepared to prevent, recognize, and 
        contain a biological weapons attack or emerging infectious 
        disease, measures to strengthen the domestic public health 
        infrastructure and improve domestic event detection, 
        surveillance, and response, while absolutely essential, are not 
        sufficient.
            (6) The United States should enhance cooperation with the 
        World Health Organization, regional international health 
        organizations, and individual countries, including data sharing 
        with appropriate agencies and departments of the United States, 
        to help detect and quickly contain infectious disease outbreaks 
        or a bioterrorism agent before such a disease or agent is 
        spread.
            (7) The World Health Organization has done an impressive 
        job in monitoring infectious disease outbreaks around the 
        world, notably in the April 2000 establishment and subsequent 
        operation of the Global Outbreak Alert and Response Network.
            (8) The capabilities of the World Health Organization 
        depend on the timeliness and quality of the data and 
        information the Organization receives from the countries that 
        are members of the Organization, pursuant to the 2005 revision 
        of the International Health Regulations. Developing countries, 
        in particular, often lack the necessary resources to build and 
        maintain effective public health infrastructures.
            (9) Developing countries could benefit from--
                    (A) better trained public health professionals and 
                epidemiologists to recognize disease patterns;
                    (B) appropriate laboratory equipment for diagnosis 
                of pathogens;
                    (C) disease reporting systems that--
                            (i) are based on disease and syndrome 
                        surveillance; and
                            (ii) could enable an effective response to 
                        a biological event to begin at the earliest 
                        possible opportunity;
                    (D) a narrowing of the existing technology gap in 
                disease and syndrome surveillance capabilities, based 
                on reported symptoms, and real-time information 
                dissemination to public health officials; and
                    (E) appropriate communications equipment and 
                information technology to efficiently transmit 
                information and data within national, international 
                regional, and international health networks, including 
                inexpensive, Internet-based geographic information 
                systems and relevant telephone-based systems for early 
                recognition and diagnosis of diseases.
            (10) An effective international capability to detect, 
        monitor, and quickly diagnose infectious disease outbreaks will 
        offer dividends not only in the event of biological weapons 
        development, testing, production, and attack, but also in the 
        more likely cases of naturally occurring infectious disease 
        outbreaks that could threaten the United States. Furthermore, a 
        robust surveillance system will serve to deter or contain 
        terrorist use of biological weapons, mitigating the intended 
        effects of such malevolent uses.
    (b) Purposes.--The purposes of this subtitle are as follows:
            (1) To enhance the capability of the international 
        community, through international health organizations and 
        individual countries, to detect, identify, and contain 
        infectious disease outbreaks, whether the cause of those 
        outbreaks is intentional human action or natural in origin.
            (2) To enhance the training of public health professionals 
        and epidemiologists from eligible developing countries in 
        advanced Internet-based disease and syndrome surveillance 
        systems, in addition to traditional epidemiology methods, so 
        that such professionals and epidemiologists may better detect, 
        diagnose, and contain infectious disease outbreaks, especially 
        such outbreaks caused by the pathogens that may be likely to be 
        used in a biological weapons attack.
            (3) To provide assistance to eligible developing countries 
        to purchase appropriate communications equipment and 
        information technology to detect, analyze, and report 
        biological threats, including--
                    (A) relevant computer equipment, Internet 
                connectivity mechanisms, and telephone-based 
                applications to effectively gather, analyze, and 
                transmit public health information for infectious 
                disease surveillance and diagnosis; and
                    (B) appropriate computer equipment and Internet 
                connectivity mechanisms--
                            (i) to facilitate the exchange of 
                        Geographic Information Systems-based disease 
                        and syndrome surveillance information; and
                            (ii) to effectively gather, analyze, and 
                        transmit public health information for 
                        infectious disease surveillance and diagnosis.
            (4) To make available greater numbers of public health 
        professionals who are employed by the Government of the United 
        States to international regional and international health 
        organizations, international regional and international health 
        networks, and United States diplomatic missions, as 
        appropriate.
            (5) To expand the training and outreach activities of 
        United States laboratories located in foreign countries, 
        including the Centers for Disease Control and Prevention or 
        Department of Defense laboratories, to enhance the public 
        health capabilities of developing countries.
            (6) To provide appropriate technical assistance to existing 
        international regional and international health networks and, 
        as appropriate, seed money for new international regional and 
        international networks.

SEC. 323. DEFINITIONS.

    In this subtitle:
            (1) Eligible developing country.--The term ``eligible 
        developing country'' means any developing country that--
                    (A) has agreed to the objective of fully complying 
                with requirements of the World Health Organization on 
                reporting public health information on outbreaks of 
                infectious diseases;
                    (B) has not been determined by the Secretary of 
                State, for purposes of section 40 of the Arms Export 
                Control Act (22 U.S.C. 2780), section 620A of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2371), or 
                section 6(j) of the Export Administration Act of 1979 
                (as in effect pursuant to the International Emergency 
                Economic Powers Act; 50 U.S.C. 1701 et seq.), to have 
                repeatedly provided support for acts of international 
                terrorism, unless the Secretary of State exercises a 
                waiver certifying that it is in the national interest 
                of the United States to provide assistance under the 
                provisions of this subtitle; and
                    (C) is a party to the Convention on the Prohibition 
                of the Development, Production and Stockpiling of 
                Bacteriological (Biological) and Toxin Weapons and on 
                Their Destruction, done at Washington, London, and 
                Moscow April 10, 1972 (26 UST 583).
            (2) Eligible national.--The term ``eligible national'' 
        means any citizen or national of an eligible developing country 
        who--
                    (A) does not have a criminal background;
                    (B) is not on any immigration or other United 
                States watch list; and
                    (C) is not affiliated with any foreign terrorist 
                organization.
            (3) International health organization.--The term 
        ``international health organization'' includes the World Health 
        Organization, regional offices of the World Health 
        Organization, and such similar international organizations as 
        the Pan American Health Organization.
            (4) Laboratory.--The term ``laboratory'' means a facility 
        for the biological, microbiological, serological, chemical, 
        immunohematological, hematological, biophysical, cytological, 
        pathological, or other medical examination of materials derived 
        from the human body for the purpose of providing information 
        for the diagnosis, prevention, or treatment of any disease or 
        impairment of, or the assessment of the health of, human 
        beings.
            (5) Disease and syndrome surveillance.--The term ``disease 
        and syndrome surveillance'' means the recording of clinician-
        reported symptoms (patient complaints) and signs (derived from 
        physical examination and laboratory data) combined with simple 
        geographic locators to track the emergence of a disease in a 
        population.

SEC. 324. ELIGIBILITY FOR ASSISTANCE.

    (a) In General.--Except as provided in subsection (b), assistance 
may be provided to an eligible developing country under any provision 
of this subtitle only if the government of the eligible developing 
country--
            (1) permits personnel from the World Health Organization 
        and the Centers for Disease Control and Prevention to 
        investigate outbreaks of infectious diseases within the borders 
        of such country; and
            (2) provides pathogen surveillance data to the appropriate 
        agencies and departments of the United States and to 
        international health organizations.
    (b) Waiver.--The Secretary of State may waive the prohibition set 
out in subsection (a) if the Secretary of State determines that it is 
in the national interest of the United States to provide such a waiver.
    (c) Prior Notice of Waivers.--A waiver pursuant to subsection (b) 
may not be executed until 15 days after the Secretary of State provides 
to the Committee on Foreign Relations of the Senate and the Committee 
on Foreign Affairs of the House of Representatives written notice of 
the intent to issue such waiver and the reasons for doing so.

SEC. 325. RESTRICTION.

    (a)  In General.--Notwithstanding any other provision of this 
subtitle, no foreign national participating in a program authorized 
under this subtitle shall have access, during the course of such 
participation, to a select agent or toxin described in section 73.4 of 
title 42, Code of Federal Regulations (or any corresponding similar 
regulation) or an overlap select agent or toxin described in section 
73.5 of such title (or any corresponding similar regulation) that may 
be used as, or in, a biological weapon, except in a supervised and 
controlled setting.
    (b) Relationship to Regulations.--The restriction set out in 
subsection (a) may not be construed to limit the ability of the 
Secretary of Health and Human Services to prescribe, through 
regulation, standards for the handling of a select agent or toxin or an 
overlap select agent or toxin described in such subsection.

SEC. 326. FELLOWSHIP PROGRAM.

    (a) Establishment.--There is established a fellowship program under 
which the Secretary of State, in consultation with the Secretary of 
Health and Human Services and the Secretary of Homeland Security and 
subject to the availability of appropriations, shall award fellowships 
to eligible nationals to pursue public health education or training, as 
follows:
            (1) Master of public health degree.--Graduate courses of 
        study leading to a master of public health degree with a 
        concentration in epidemiology from an institution of higher 
        education in the United States with a Center for Public Health 
        Preparedness, as determined by the Director of the Centers for 
        Disease Control and Prevention.
            (2) Advanced public health epidemiology training.--Advanced 
        public health training in epidemiology for public health 
        professionals from eligible developing countries to be carried 
        out at the Centers for Disease Control and Prevention, an 
        appropriate facility of a State, or an appropriate facility of 
        another agency or department of the United States (other than a 
        facility of the Department of Defense or a national laboratory 
        of the Department of Energy) for a period of not less than 6 
        months or more than 12 months.
    (b) Specialization in Bioterrorism Response.--In addition to the 
education or training specified in subsection (a), each recipient of a 
fellowship under this section (in this section referred to as a 
``fellow'') may take courses of study at the Centers for Disease 
Control and Prevention or at an equivalent facility on diagnosis and 
containment of likely bioterrorism agents.
    (c) Fellowship Agreement.--
            (1) In general.--A fellow shall enter into an agreement 
        with the Secretary of State under which the fellow agrees--
                    (A) to maintain satisfactory academic progress, as 
                determined in accordance with regulations issued by the 
                Secretary of State and confirmed in regularly scheduled 
                updates to the Secretary of State from the institution 
                providing the education or training on the progress of 
                the fellow's education or training;
                    (B) upon completion of such education or training, 
                to return to the fellow's country of nationality or 
                last habitual residence (so long as it is an eligible 
                developing country) and complete at least 4 years of 
                employment in a public health position in the 
                government or a nongovernmental, not-for-profit entity 
                in that country or, with the approval of the Secretary 
                of State, complete part or all of this requirement 
                through service with an international health 
                organization without geographic restriction; and
                    (C) that, if the fellow is unable to meet the 
                requirements described in subparagraph (A) or (B), the 
                fellow shall reimburse the United States for the value 
                of the assistance provided to the fellow under the 
                fellowship program, together with interest at a rate 
                that--
                            (i) is determined in accordance with 
                        regulations issued by the Secretary of State; 
                        and
                            (ii) is not higher than the rate generally 
                        applied in connection with other Federal loans.
            (2) Waivers.--The Secretary of State may waive the 
        application of subparagraph (B) or (C) of paragraph (1) on a 
        case by case basis if the Secretary of State determines that--
                    (A) it is in the national interest of the United 
                States to provide such a waiver; or
                    (B) humanitarian considerations require such a 
                waiver.
    (d) Agreement.--The Secretary of State, in consultation with the 
Secretary of Health and Human Services and the Secretary of Homeland 
Security, is authorized to enter into an agreement with the government 
of an eligible developing country under which such government agrees--
            (1) to establish a procedure for the nomination of eligible 
        nationals for fellowships under this section;
            (2) to guarantee that a fellow will be offered a 
        professional public health position within the developing 
        country upon completion of the fellow's studies; and
            (3) to submit to the Secretary of State a certification 
        stating that a fellow has concluded the minimum period of 
        employment in a public health position required by the 
        fellowship agreement, including an explanation of how the 
        requirement was met.
    (e) Participation of United States Citizens.--On a case-by-case 
basis, the Secretary of State may provide for the participation of a 
citizen of the United States in the fellowship program under the 
provisions of this section if--
            (1) the Secretary of State determines that it is in the 
        national interest of the United States to provide for such 
        participation; and
            (2) the citizen of the United States agrees to complete, at 
        the conclusion of such participation, at least 5 years of 
        employment in a public health position in an eligible 
        developing country or at an international health organization.
    (f) Use of Existing Programs.--The Secretary of State, with the 
concurrence of the Secretary of Health and Human Services, may elect to 
use existing programs of the Department of Health and Human Services to 
provide the education and training described in subsection (a) if the 
requirements of subsections (b), (c), and (d) will be substantially met 
under such existing programs.

SEC. 327. IN-COUNTRY TRAINING IN LABORATORY TECHNIQUES AND DISEASE AND 
              SYNDROME SURVEILLANCE.

    (a) Laboratory Techniques.--
            (1) In general.--The Secretary of State, after consultation 
        with the Secretary of Health and Human Services, the Secretary 
        of Defense, and the Secretary of Homeland Security and in 
        conjunction with elements of those departments that engage in 
        activities of this type overseas, and subject to the 
        availability of appropriations, shall provide assistance for 
        short training courses for eligible nationals who are 
        laboratory technicians or other public health personnel in 
        laboratory techniques relating to the identification, 
        diagnosis, and tracking of pathogens responsible for possible 
        infectious disease outbreaks.
            (2) Location.--The training described in paragraph (1) 
        shall be held outside the United States and may be conducted in 
        facilities of the Centers for Disease Control and Prevention 
        located in foreign countries or in Overseas Medical Research 
        Units of the Department of Defense, as appropriate.
            (3) Coordination with existing programs.--The Secretary of 
        State shall coordinate the training described in paragraph (1), 
        where appropriate, with existing programs and activities of 
        international health organizations.
    (b) Disease and Syndrome Surveillance.--
            (1) In general.--The Secretary of State, after consultation 
        with the Secretary of Health and Human Services, the Secretary 
        of Defense, and the Secretary of Homeland Security and in 
        conjunction with elements of those departments that engage in 
        activities of this type overseas, and subject to the 
        availability of appropriations, shall establish and provide 
        assistance for short training courses for eligible nationals 
        who are health care providers or other public health personnel 
        in techniques of disease and syndrome surveillance reporting 
        and rapid analysis of syndrome information using geographic 
        information system tools.
            (2) Location.--The training described in paragraph (1) 
        shall be conducted via the Internet or in appropriate 
        facilities located in a foreign country, as determined by the 
        Secretary of State.
            (3) Coordination with existing programs.--The Secretary of 
        State shall coordinate the training described in paragraph (1), 
        where appropriate, with existing programs and activities of 
        international regional and international health organizations.

SEC. 328. ASSISTANCE FOR THE PURCHASE AND MAINTENANCE OF PUBLIC HEALTH 
              LABORATORY EQUIPMENT AND SUPPLIES.

    (a) Authorization.--The President is authorized to provide, on such 
terms and conditions as the President may determine, assistance to 
eligible developing countries to purchase and maintain the public 
health laboratory equipment and supplies described in subsection (b).
    (b) Equipment and Supplies Covered.--The equipment and supplies 
described in this subsection are equipment and supplies that are--
            (1) appropriate, to the extent possible, for use in the 
        intended geographic area;
            (2) necessary to collect, analyze, and identify 
        expeditiously a broad array of pathogen strains, which may 
        cause disease outbreaks or may be used in a biological weapon;
            (3) compatible with general standards set forth by the 
        World Health Organization and, as appropriate, the Centers for 
        Disease Control and Prevention, to ensure interoperability with 
        international regional and international public health 
        networks; and
            (4) not defense articles, defense services, or training, as 
        such terms are defined in the Arms Export Control Act (22 
        U.S.C. 2751 et seq.).
    (c) Rule of Construction.--Nothing in this section shall be 
construed to exempt the exporting of goods and technology from 
compliance with applicable provisions of the Export Administration Act 
of 1979 (as in effect pursuant to the International Emergency Economic 
Powers Act; 50 U.S.C. 1701 et seq.).
    (d) Limitation.--Amounts appropriated to carry out this section 
shall not be made available for the purchase from a foreign country of 
equipment or supplies that, if made in the United States, would be 
subject to the Arms Export Control Act (22 U.S.C. 2751 et seq.) or 
likely be barred or subject to special conditions under the Export 
Administration Act of 1979 (as in effect pursuant to the International 
Emergency Economic Powers Act; 50 U.S.C. 1701 et seq.).
    (e) Procurement Preference.--In the use of grant funds authorized 
under subsection (a), preference should be given to the purchase of 
equipment and supplies of United States manufacture. The use of amounts 
appropriated to carry out this section shall be subject to section 604 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2354).
    (f) Country Commitments.--The assistance provided under this 
section for equipment and supplies may be provided only if the eligible 
developing country that receives such equipment and supplies agrees to 
provide the infrastructure, technical personnel, and other resources 
required to house, maintain, support, secure, and maximize use of such 
equipment and supplies.

SEC. 329. ASSISTANCE FOR IMPROVED COMMUNICATION OF PUBLIC HEALTH 
              INFORMATION.

    (a) Assistance for Purchase of Communication Equipment and 
Information Technology.--The President is authorized to provide, on 
such terms and conditions as the President may determine, assistance to 
eligible developing countries to purchase and maintain the 
communications equipment and information technology described in 
subsection (b), and the supporting equipment, necessary to effectively 
collect, analyze, and transmit public health information.
    (b) Covered Equipment.--The communications equipment and 
information technology described in this subsection are communications 
equipment and information technology that--
            (1) are suitable for use under the particular conditions of 
        the geographic area of intended use;
            (2) meet the standards set forth by the World Health 
        Organization and, as appropriate, the Secretary of Health and 
        Human Services, to ensure interoperability with like equipment 
        of other countries and international organizations; and
            (3) are not defense articles, defense services, or 
        training, as those terms are defined in the Arms Export Control 
        Act (22 U.S.C. 2751 et seq.).
    (c) Rule of Construction.--Nothing in this section shall be 
construed to exempt the exporting of goods and technology from 
compliance with applicable provisions of the Export Administration Act 
of 1979 (as in effect pursuant to the International Emergency Economic 
Powers Act; 50 U.S.C. 1701 et seq.).
    (d) Limitation.--Amounts appropriated to carry out this section 
shall not be made available for the purchase from a foreign country of 
communications equipment or information technology that, if made in the 
United States, would be subject to the Arms Export Control Act (22 
U.S.C. 2751 et seq.) or likely be barred or subject to special 
conditions under the Export Administration Act of 1979 (as in effect 
pursuant to the International Emergency Economic Powers Act; 50 U.S.C. 
1701 et seq.).
    (e) Procurement Preference.--In the use of grant funds under 
subsection (a), preference should be given to the purchase of 
communications equipment and information technology of United States 
manufacture. The use of amounts appropriated to carry out this section 
shall be subject to section 604 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2354).
    (f) Assistance for Standardization of Reporting.--The President is 
authorized to provide, on such terms and conditions as the President 
may determine, technical assistance and grant assistance to 
international health organizations to facilitate standardization in the 
reporting of public health information between and among developing 
countries and international health organizations.
    (g) Country Commitments.--The assistance provided under this 
section for communications equipment and information technology may be 
provided only if the eligible developing country that receives such 
equipment and technology agrees to provide the infrastructure, 
technical personnel, and other resources required to house, maintain, 
support, secure, and maximize use of such equipment and technology.

SEC. 330. ASSIGNMENT OF PUBLIC HEALTH PERSONNEL TO UNITED STATES 
              MISSIONS AND INTERNATIONAL ORGANIZATIONS.

    (a) In General.--Upon the request of the chief of a diplomatic 
mission of the United States or of the head of an international 
regional or international health organization, and with the concurrence 
of the Secretary of State and of the employee concerned, the head of an 
agency or department of the United States may assign to the mission or 
the organization any officer or employee of the agency or department 
that occupies a public health position within the agency or department 
for the purpose of enhancing disease and pathogen surveillance efforts 
in developing countries.
    (b) Reimbursement.--The costs incurred by an agency or department 
of the United States by reason of the detail of personnel under 
subsection (a) may be reimbursed to that agency or department out of 
the applicable appropriations account of the Department of State if the 
Secretary of State determines that the agency or department may 
otherwise be unable to assign such personnel on a non-reimbursable 
basis.

SEC. 331. EXPANSION OF CERTAIN UNITED STATES GOVERNMENT LABORATORIES 
              ABROAD.

    (a) In General.--Subject to the availability of appropriations and 
with the concurrence of the government of each host country, the 
Director of the Centers for Disease Control and Prevention and the 
Secretary of Defense shall each--
            (1) increase the number of personnel assigned to 
        laboratories of the Centers for Disease Control and Prevention 
        or the Department of Defense, as appropriate, located in 
        eligible developing countries that conduct research and other 
        activities with respect to infectious diseases; and
            (2) expand the operations of such laboratories, especially 
        with respect to the implementation of on-site training of 
        foreign nationals and activities affecting the region in which 
        the country is located.
    (b) Cooperation and Coordination Between Laboratories.--Subsection 
(a) shall be carried out in such a manner as to foster cooperation and 
avoid duplication between and among laboratories.

SEC. 332. ASSISTANCE FOR INTERNATIONAL HEALTH NETWORKS AND EXPANSION OF 
              FIELD EPIDEMIOLOGY TRAINING PROGRAMS.

    (a) Authority.--The President is authorized, on such terms and 
conditions as the President may determine, to provide assistance for 
the purposes of--
            (1) enhancing the surveillance and reporting capabilities 
        of the World Health Organization and existing international 
        regional and international health networks; and
            (2) developing new international regional and international 
        health networks.
    (b) Expansion of Field Epidemiology Training Programs.--The 
Secretary of Health and Human Services is authorized to establish new 
country or regional international Field Epidemiology Training Programs 
in eligible developing countries, with the concurrence of the 
government of each host country.

SEC. 333. REPORTS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of State, in conjunction with the Secretary of Health and 
Human Services, the Secretary of Defense, and the Secretary of Homeland 
Security, shall submit to the Committee on Foreign Relations and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Foreign Affairs and the Committee on Homeland 
Security of the House of Representatives a report on the implementation 
of programs under this subtitle, including an estimate of the level of 
funding required to carry out such programs.

SEC. 334. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--Subject to subsection (c), 
there are authorized to be appropriated for the purpose of carrying out 
activities under this subtitle the following amounts:
            (1) $40,000,000 for fiscal year 2010.
            (2) $75,000,000 for fiscal year 2011.
    (b) Availability of Funds.--The amounts appropriated pursuant to 
subsection (a) are authorized to remain available until expended.
    (c) Limitation on Obligation of Funds.--Not more than 10 percent of 
the amount appropriated pursuant to subsection (a)(1) may be obligated 
before the date on which a report is submitted, or required to be 
submitted, whichever first occurs, under section 333.

                   TITLE IV--GOVERNMENT ORGANIZATION

SEC. 401. INTELLIGENCE ON WEAPONS OF MASS DESTRUCTION.

    (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Select Committee on Intelligence, the 
                Committee on Appropriations, the Committee on Armed 
                Services, and the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Permanent Select Committee on Intelligence, 
                the Committee on Appropriations, the Committee on Armed 
                Services, and the Committee on Homeland Security of the 
                House of Representatives.
            (2) Director.--The term ``Director'' means the Director of 
        National Intelligence.
            (3) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 401a).
            (4) Weapons of mass destruction.--The term ``weapons of 
        mass destruction'' means--
                    (A) any weapon that is designed, intended, or has 
                the capability to cause death, illness, or serious 
                bodily injury to a significant number of persons 
                through the release, dissemination, or impact of toxic 
                or poisonous chemicals or their precursors;
                    (B) any weapon involving a biological agent, toxin, 
                or vector (as such terms are defined in section 178 of 
                title 18, United States Code) that is designed, 
                intended, or has the capability to cause death, 
                illness, or serious bodily injury to a significant 
                number of persons; or
                    (C) any weapon that is designed, intended, or has 
                the capability to release radiation or radioactivity 
                causing death, illness, or serious bodily injury to a 
                significant number of persons.
    (b) Strategy for Improving Intelligence Capabilities.--
            (1) Requirement for strategy.--Not later than 120 days 
        after the date of the enactment of this Act, the Director shall 
        develop, implement, and submit to the appropriate committees of 
        Congress a strategy for improving the capabilities of the 
        United States for the collection, analysis, and dissemination 
        of intelligence related to weapons of mass destruction, 
        including intelligence related to the relationship between 
        weapons of mass destruction and terrorism.
            (2) Elements.--The strategy required by paragraph (1) shall 
        include a description of each of the following:
                    (A) Methods for recruitment, training, and 
                retention of individuals with expertise in the 
                collection, analysis, and dissemination of intelligence 
                related to weapons of mass destruction, including 
                appropriate scientific and technical expertise.
                    (B) Methods for collaboration, as appropriate, with 
                individuals with expertise described in subparagraph 
                (A) who are employed by nongovernmental entities or who 
                are foreign nationals.
                    (C) Analytic questions and gaps in information 
                related to intelligence on weapons of mass destruction, 
                including such intelligence concerning state actors and 
                nonstate actors, such as smugglers, criminal 
                enterprises, and financiers, that will be used to guide 
                intelligence collection.
                    (D) Activities for the development of innovative 
                human and technical intelligence collection 
                capabilities and techniques.
                    (E) Actions necessary to increase the effectiveness 
                and efficiency of the sharing of intelligence on 
                weapons of mass destruction throughout the intelligence 
                community, including a description of statutory, 
                regulatory, policy, technical, security, or other 
                barriers that prevent such sharing, and, as 
                appropriate, the development of uniform standards 
                across the intelligence community for such sharing.
                    (F) Actions necessary to identify and overcome 
                activities by a foreign government or person to deny or 
                deceive the intelligence community concerning 
                intelligence regarding weapons of mass destruction.
                    (G) Specific objectives to be accomplished during 
                each year of the first 5-year period after the strategy 
                is submitted to the appropriate committees of Congress 
                and tasks to accomplish such objectives, including--
                            (i) a list prioritizing such objectives and 
                        tasks; and
                            (ii) a schedule for meeting such objectives 
                        and carrying out such tasks.
                    (H) Assignments of roles and responsibilities to 
                elements of the intelligence community to implement the 
                strategy.
                    (I) The personnel, financial, and other resources 
                necessary to implement the strategy and a plan for 
                obtaining such resources.
                    (J) Metrics for measuring the effectiveness and 
                efficiency of the strategy.
                    (K) A schedule for assessment, review, and, as 
                appropriate, revision of the strategy.
            (3) Requirement to consult.--In developing the strategy 
        required by paragraph (1), the Director shall consult with 
        appropriate officials of the United States including the Under 
        Secretary of Defense for Acquisition, Technology, and Logistics 
        and the Under Secretary for Science and Technology of the 
        Department of Homeland Security.
            (4) Form.--The strategy required by paragraph (1) may be 
        submitted in a classified form.
    (c) Requirement for Reports.--
            (1) In general.--Not less frequently than once during each 
        180-day period after the date of the submission of the strategy 
        required by subsection (b)(1) to the appropriate committees of 
        Congress, the Director shall submit to the appropriate 
        committees of Congress a report on the implementation of such 
        strategy.
            (2) Content.--Each report required by paragraph (1) shall 
        include the following:
                    (A) An assessment of whether the objectives and 
                tasks referred to in subsection (b)(2)(G) have been 
                accomplished in accordance with the proposed schedule.
                    (B) Data corresponding to the metrics required by 
                subsection (b)(2)(J) for measuring the effectiveness 
                and efficiency of the strategy.
                    (C) An assessment of the actions of the elements of 
                the intelligence community to implement the strategy.
                    (D) An assessment of whether the personnel, 
                financial, and other resources available are sufficient 
                to implement the strategy.
                    (E) A description of any revisions to, or plans to 
                revise, any component of the strategy.
            (3) Sunset date.--The requirement set forth in paragraph 
        (1) shall terminate three years after the date of the 
        submission of the strategy required by subsection (b)(1) to the 
        appropriate committees of Congress.

SEC. 402. INTELLIGENCE COMMUNITY LANGUAGE CAPABILITIES AND CULTURAL 
              KNOWLEDGE.

    (a) Definitions.--In this section, the terms ``appropriate 
committees of Congress'', ``Director'', ``intelligence community'', and 
``weapons of mass destruction'' have the meaning given such terms in 
section 401.
    (b) Strategy for Improving Language Capabilities and Cultural 
Knowledge.--
            (1) Requirement for strategy.--Not later than 180 days 
        after the date of the enactment of this Act, the Director shall 
        develop, implement, and submit to the appropriate committees of 
        Congress a strategy for improving the recruiting, training, and 
        retention of employees of the elements of the intelligence 
        community who possess critical language capabilities and 
        cultural backgrounds relevant to countering terrorism or 
        collecting, analyzing, and disseminating intelligence related 
        to weapons of mass destruction, including individuals who are 
        first or second-generation United States citizens and United 
        States citizens with immediate relatives who are foreign 
        nationals.
            (2) Elements.--The strategy required by paragraph (1) shall 
        include a description of each of the following:
                    (A) The current and projected needs of the 
                intelligence community during the ten-year periods, 
                beginning on the date the strategy is submitted to the 
                appropriate committees of Congress, for employees with 
                critical language capabilities and cultural backgrounds 
                relevant to countering terrorism or collecting, 
                analyzing, and disseminating intelligence related to 
                weapons of mass destruction.
                    (B) Actions necessary to recruit, train, and retain 
                employees with such capabilities or backgrounds.
                    (C) Barriers to effective recruitment, training, 
                and retention of employees with such capabilities or 
                backgrounds, including security clearance processing, 
                and actions necessary to overcome such barriers.
                    (D) Specific objectives to be accomplished during 
                each year of the first 5-year period beginning on the 
                date that the strategy is submitted to the appropriate 
                committees of Congress and tasks to accomplish such 
                objectives, including--
                            (i) a list prioritizing such objectives and 
                        tasks; and
                            (ii) a schedule for meeting such objectives 
                        and carrying out such tasks.
                    (E) Assignments of roles and responsibilities to 
                elements of the intelligence community to carry out the 
                strategy.
                    (F) The personnel, financial, and other resources 
                necessary to implement the strategy, and a plan for 
                obtaining such resources.
                    (G) Metrics for measuring the effectiveness and 
                efficiency of the strategy.
                    (H) A schedule for assessment, review, and, as 
                appropriate, revision of the strategy.
    (c) Requirement for Reports.--
            (1) In general.--Not less frequently than once during each 
        180-day period after the date of the submission of the strategy 
        required by subsection (b)(1) to the appropriate committees of 
        Congress, the Director shall submit to the appropriate 
        committees of Congress a report on the implementation of such 
        strategy.
            (2) Content.--Each report required by paragraph (1) shall 
        include the following:
                    (A) An assessment of whether the objectives 
                referred to in subsection (b)(2)(D) have been 
                accomplished in accordance with the proposed schedule.
                    (B) Data corresponding to the metrics required by 
                subsection (b)(2)(G) for measuring the effectiveness 
                and efficiency of the strategy.
                    (C) An assessment of the actions by the elements of 
                the intelligence community to implement the strategy.
                    (D) An assessment of whether the personnel, 
                financial, and other resources available are sufficient 
                to implement the strategy.
                    (E) A description of any revisions to, or plans to 
                revise, any component of the strategy.
            (3) Sunset date.--The requirement set forth in paragraph 
        (1) shall terminate 5 years after the date of the submission of 
        the strategy required by subsection (b)(1) to the appropriate 
        committees of Congress.

SEC. 403. COUNTERTERRORISM TECHNOLOGY ASSESSMENTS.

    (a) Agency Defined.--In this section, the term ``agency'' means any 
department, agency, or instrumentality of the executive branch of the 
Government.
    (b) Requirement for Interdisciplinary Capability of the 
Congressional Research Service.--
            (1) In general.--The Director of the Congressional Research 
        Service shall establish an interdisciplinary capability to 
        further the Congressional Research Service's responsibilities 
        to advise Congress pursuant to section 203(d) of the 
        Legislative Reorganization Act of 1946 (2 U.S.C. 166(d)) 
        concerning technology or technological applications developed 
        or used for countering terrorism.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to implement this subsection the following 
        amounts:
                    (A) For fiscal year 2011, $1,500,000.
                    (B) For fiscal year 2012, $3,000,000.
                    (C) For fiscal year 2013, $4,500,000.
                    (D) For fiscal year 2014, $6,000,000.
                    (E) For fiscal year 2015 and for each fiscal year 
                thereafter, $7,500,000.
    (c) Assessments of Available Technology.--
            (1) Requirement for assessments.--Pursuant to section 717 
        of title 31, United States Code, the Comptroller General of the 
        United States shall conduct assessments of technology or 
        technological applications that are--
                    (A) being developed or used or are available to be 
                used for countering terrorism by a program or activity 
                that is carried out by an agency; or
                    (B) proposed to be developed or used or are 
                potentially available to be used pursuant to--
                            (i) a legislative proposal under 
                        consideration by a committee of the Senate or 
                        the House of Representatives; or
                            (ii) a recommendation submitted to Congress 
                        by the President or an agency.
            (2) Scope of assessment.--Each assessment of a technology 
        or technological application carried out under paragraph (1) 
        shall evaluate the actual or anticipated impact, effectiveness, 
        or efficiency of the technology or technological application 
        for countering terrorism, including evaluating--
                    (A) any test results related to the technology or 
                technological application;
                    (B) any alternatives to the technology or 
                technological application;
                    (C) the actual or anticipated operational 
                requirements of the technology or technological 
                application, including the logistical needs, personnel 
                training, and procedures for utilizing the technology 
                or technological application;
                    (D) the actual or anticipated costs, as compared to 
                the actual or anticipated benefits of the technology or 
                technological application;
                    (E) any actual or anticipated countermeasures to 
                the technology or technological application by 
                terrorists; and
                    (F) technology assessments or related reports 
                prepared by or for an agency for the technology or 
                technological application.
            (3) Technology assessment capability.--
                    (A) Requirement to establish.--The Comptroller 
                General of the United States shall establish an 
                interdisciplinary capability to perform the assessments 
                required by paragraph (1) that includes officers and 
                employees who have expertise in science, engineering, 
                technology, homeland security, counterterrorism, or 
                other fields that the Comptroller General considers 
                appropriate to conduct such assessments.
                    (B) Appointment and procurement.--The Comptroller 
                General shall appoint, pay, and assign officers and 
                employees pursuant to subsection (a) of section 731 of 
                title 31, United States Code, and may procure the 
                services or assistance of experts and consultants 
                pursuant to subsection (e) of such section, in order to 
                acquire the expertise in science, technology, or other 
                fields necessary to conduct the assessments required by 
                paragraph (1).
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to implement this subsection the following 
        amounts:
                    (A) For fiscal year 2011, $2,000,000.
                    (B) For fiscal year 2012, $5,000,000.
                    (C) For fiscal year 2013, $8,000,000.
                    (D) For fiscal year 2014, $12,000,000.
                    (E) For fiscal year 2015 and for each fiscal year 
                thereafter, $15,000,000.
    (d) Assessments of Future Technology.--
            (1) Requirement for assessments.--The Comptroller General 
        of the United States shall, as appropriate, enter into 
        arrangements with the National Academy of Sciences to assess 
        technology and technological applications that are being 
        developed or could be developed for purposes of countering 
        terrorism.
            (2) Scope of assessments.--Each assessment carried out 
        under paragraph (1) shall include--
                    (A) determining trends related to the development 
                of technology or technological applications and their 
                implications for countering terrorism;
                    (B) identifying particular technology or 
                technological applications that potentially may become 
                available or are necessary for countering terrorism; 
                and
                    (C) recommending investments to be made by an 
                agency in the development of particular technology or 
                technological applications.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to implement this subsection the following 
        amounts:
                    (A) For fiscal year 2011, $1,000,000.
                    (B) For fiscal year 2012, $2,000,000.
                    (C) For fiscal year 2013, $3,000,000.
                    (D) For fiscal year 2014, $4,000,000.
                    (E) For fiscal year 2015 and for each fiscal year 
                thereafter, $5,000,000.

          TITLE V--EMERGENCY MANAGEMENT AND CITIZEN ENGAGEMENT

SEC. 501. COMMUNICATION OF THREAT INFORMATION AND ALERTS.

    (a) Finding.--Congress finds that the Commission on the Prevention 
of Weapons of Mass Destruction Proliferation and Terrorism recommended 
that ``the Federal Government should practice greater openness of 
public information so that citizens better understand the threat and 
the risk this threat poses to them.''.
    (b) Terrorism Threat Awareness.--Section 203 of the Homeland 
Security Act of 2002 (6 U.S.C. 124) is amended by adding at the end the 
following:
    ``(c) Terrorism Threat Awareness.--
            ``(1) Terrorism threat awareness.--The Secretary, in 
        coordination with the Director of the Federal Bureau of 
        Investigation, shall ensure that information concerning 
        terrorist threats is available to the general public within the 
        United States.
            ``(2) Threat bulletins.--
                    ``(A) In general.--Consistent with the requirements 
                of subsection (b), the Secretary shall on a timely 
                basis prepare unclassified terrorism-related threat and 
                risk assessments.
                    ``(B) Requirements.--Each assessment required under 
                subparagraph (A) shall--
                            ``(i) include guidance to the general 
                        public for preventing and responding to acts of 
                        terrorism; and
                            ``(ii) be made available on the website of 
                        the Department and other publicly accessible 
                        websites, communication systems, and 
                        information networks.
            ``(3) Guidance to state, local, and tribal governments.--
        The Secretary shall provide to State, local, and tribal 
        governments written guidance on how to disseminate information 
        about terrorism-related threats and risks to the general public 
        within their jurisdictions.
            ``(4) Use of existing resources.--The Secretary shall use 
        websites, communication systems, and information networks in 
        operation on the date of an assessment under this subsection to 
        satisfy the requirements of paragraph (2)(B)(ii).''.
    (c) Responsibilities of the Secretary.--Section 201(d)(8) of the 
Homeland Security Act of 2002 (6 U.S.C. 121(d)(8)) is amended by 
striking ``and to agencies of State'' and all that follows and 
inserting ``to State, local, tribal, and private entities with such 
responsibilities, and, as appropriate, to the general public, in order 
to assist in deterring, preventing, or responding to acts of terrorism 
against the United States.''.
    (d) Reporting Requirement.--Not later than 180 days after the date 
of enactment of this Act, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland Security of the House of 
Representatives a report on the implementation of section 203 of the 
Homeland Security Act of 2002, as amended by subsection (b).

SEC. 502. GUIDELINES CONCERNING WEAPONS OF MASS DESTRUCTION.

    (a) Establishment of Guidelines.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of Homeland Security 
shall--
            (1) develop guidelines, in coordination with State, local, 
        and tribal governments and representatives of emergency 
        response provider organizations, for police, fire, emergency 
        medical services, emergency management, and public health 
        personnel, for responding to an explosion or release of 
        nuclear, biological, radiological, or chemical material; and
            (2) make the guidelines developed under paragraph (1) 
        available to State, local, and tribal governments, 
        nongovernmental organizations, and the private sector.
    (b) Contents.--The guidelines developed under subsection (a)(1) 
shall contain, at a minimum--
            (1) protective action guidelines for ensuring the health 
        and safety of emergency response providers;
            (2) information regarding the effects of the biological, 
        chemical, or radiological agent on those exposed to the agent; 
        and
            (3) information regarding how emergency response providers 
        and mass care facilities may most effectively deal with 
        individuals affected by an incident involving a nuclear, 
        biological, radiological, or chemical material.
    (c) Review and Revision of Guidelines.--The Secretary of Homeland 
Security shall--
            (1) not less frequently than every 2 years, review the 
        guidelines developed under subsection (a)(1);
            (2) make revisions to the guidelines as appropriate; and
            (3) make the revised guidelines available to State, local, 
        and tribal governments, nongovernmental organizations, the 
        private sector, and the general public.
    (d) Procedures for Developing and Revising Guidelines.--In carrying 
out the requirements of this section, the Secretary of Homeland 
Security shall establish procedures--
            (1) to inventory any existing relevant hazardous material 
        response guidelines;
            (2) to enable the public to submit recommendations of areas 
        for which guidelines could be developed under subsection 
        (a)(1);
            (3) to determine which entities should be consulted in 
        developing or revising the guidelines;
            (4) to prioritize, on a regular basis, guidelines that 
        should be developed or revised; and
            (5) to develop and disseminate the guidelines in accordance 
        with the prioritization under paragraph (4).
    (e) Consultations.--The Secretary of Homeland Security shall 
develop and revise the guidelines developed under subsection (a)(1), 
and the procedures required under subsection (d), in consultation 
with--
            (1) the Secretary of Energy;
            (2) the Secretary of Health and Human Services;
            (3) other Federal departments and agencies, as appropriate;
            (4) the National Advisory Council established under section 
        508 of the Homeland Security Act of 2002 (6 U.S.C. 318);
            (5) State, local, and tribal governments; and
            (6) nongovernmental organizations and private industry.
    (f) Reporting Requirements.--Not later than 180 days after the date 
of enactment of this Act, 1 year after such date of enactment, and 
annually thereafter, the Secretary of Homeland Security shall provide 
the Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security of the House of 
Representatives with--
            (1) a description of the procedures established under 
        subsection (d);
            (2) any guidelines in effect on the date of the report;
            (3) a list of entities that to which the guidelines 
        described in paragraph (2) were disseminated;
            (4) a plan for reviewing the guidelines described in 
        paragraph (2), in accordance with subsection (e);
            (5) the prioritized list of the guidelines required under 
        subsection (d)(4), and the methodology used by the Secretary of 
        Homeland Security for such prioritization; and
            (6) a plan for developing, revising, and disseminating the 
        guidelines.
    (g) Definition.--In this section, the term ``emergency response 
provider'' has the meaning given that term in section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101).

SEC. 503. INDIVIDUAL AND COMMUNITY PREPAREDNESS.

    (a) Individual and Community Preparedness.--Title V of the Homeland 
Security Act of 2002 (6 U.S.C. 311 et seq.), as amended by section 221, 
is amended by adding at the end the following:

``SEC. 526. INDIVIDUAL AND COMMUNITY PREPAREDNESS.

    ``(a) In General.--The Administrator shall assist State, local, and 
tribal governments in improving and promoting individual and community 
preparedness for natural disasters, acts of terrorism, and other man-
made disasters, including incidents involving the use of weapons of 
mass destruction and other potentially catastrophic events, by--
            ``(1) developing guidelines and checklists of recommended 
        actions for individual and community prevention and 
        preparedness efforts and disseminating such guidelines and 
        checklists to communities and individuals;
            ``(2) disseminating the guidelines developed under section 
        502 of the Weapons of Mass Destruction Prevention and 
        Preparedness Act of 2009 to communities and individuals, as 
        appropriate;
            ``(3) compiling and disseminating information on best 
        practices in individual and community preparedness;
            ``(4) providing information and training materials in 
        support of individual and community preparedness efforts;
            ``(5) conducting individual and community preparedness 
        outreach efforts; and
            ``(6) such other actions as the Administrator determines 
        appropriate.
    ``(b) Coordination.--Where appropriate, the Administrator shall 
coordinate with private sector and nongovernmental organizations to 
promote individual and community preparedness.
    ``(c) Support for Voluntary Programs.--In carrying out the 
responsibilities described in subsection (a), the Administrator shall, 
where appropriate, work with and provide support to individual and 
community preparedness programs, such as the Community Emergency 
Response Team Program, Fire Corps, Medical Reserve Corps Program, 
Volunteers in Police Service, USAonWatch-Neighborhood Watch, and other 
voluntary programs.
    ``(d) Director.--The Administrator shall appoint a Director of 
Community Preparedness to coordinate and oversee the individual and 
community preparedness efforts of the Agency.
    ``(e) Grants.--
            ``(1) In general.--The Administrator may make grants to 
        States to support individual and community preparedness 
        efforts, including through the Citizen Corps Program.
            ``(2) Appropriations.--There are authorized to be 
        appropriated for grants under this section--
                    ``(A) $15,000,000 for fiscal year 2010;
                    ``(B) $20,000,000 for fiscal year 2011;
                    ``(C) $25,000,000 for fiscal year 2012;
                    ``(D) $30,000,000 for fiscal year 2013;
                    ``(E) $35,000,000 for fiscal year 2014; and
                    ``(F) $40,000,000 for fiscal year 2015.''.
    (b) Enhancing Preparedness.--Section 504(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 314(a)) is amended--
            (1) by redesignating paragraphs (20) and (21) as paragraphs 
        (21) and (22), respectively; and
            (2) by inserting after paragraph (19) the following:
            ``(20) enhancing and promoting the preparedness of 
        individuals and communities for natural disasters, acts of 
        terrorism, and other man-made disasters;''.
    (c) Table of Contents.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), as amended by 
section 221, is amended by inserting after the item relating to section 
525 the following:

``Sec. 526. Individual and community preparedness.''.
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