I 

113TH CONGRESS 

2D SESSION H. R. 4034 

To enhance homeland security by improving efforts to prevent, protect 

against, respond to, and recover from an attack with a weapon of 

mass destruction, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2014 

Mr. PASCRELL (for himself and Mr. KING of New York) introduced the following bill; which was referred to the Committee on Homeland Security, 

and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, Foreign Affairs, and Select Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To enhance homeland security by improving efforts to prevent, protect against, respond to, and recover from an 

attack with a weapon of mass destruction, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘WMD Prevention and Preparedness Act of 2014’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—A NATIONAL BIODEFENSE ENTERPRISE 

Sec. 101. Special Assistant for Biodefense. 

Sec. 102. National Biodefense Plan. 

Sec. 103. National Biosurveillance Strategy. 

Sec. 104. Comprehensive cross-cutting biodefense budget analysis. 

TITLE II—INTELLIGENCE MATTERS 

Sec. 201. National Intelligence Strategy for Countering the Threat from Weapons of Mass Destruction. 

Sec. 202. National Intelligence Strategy for Countering Biological Threats. 

Sec. 203. State, local, and tribal defined. 

TITLE III—HOMELAND SECURITY MATTERS 

Sec. 301. Weapons of mass destruction prevention and preparedness. 

‘‘TITLE XXI—WEAPONS OF MASS DESTRUCTION PREVENTION 

AND PREPAREDNESS 

‘‘Subtitle A—Prevention 

‘‘Sec. 2101. Weapons of mass destruction intelligence and information 

sharing. 

‘‘Sec. 2102. Risk assessments. 

‘‘Sec. 2103. National Export Enforcement Coordination. 

‘‘Sec. 2104. Communication of threat information. 

‘‘Sec. 2105. Individual and community preparedness for chemical, biological, radiological, and nuclear attacks. 

‘‘Subtitle B—Protection 

‘‘Sec. 2121. Detection of biological attacks. 

‘‘Sec. 2122. Rapid biological threat detection and identification at ports of 

entry. 

‘‘Sec. 2123. Evaluating detection technology. 

‘‘Sec. 2124. Domestic implementation of the Global Nuclear Detection Architecture. 

‘‘Subtitle C—Response 

‘‘Sec. 2131. First responder guidance concerning chemical, biological, radiological, and nuclear attacks. 

‘‘Sec. 2132. Integrated plume modeling for collective response. 

‘‘Sec. 2133. Establishment of the system assessment and validation for 

emergency responders (SAVER) program. 

‘‘Sec. 2134. Payment for laboratory response services. 

‘‘Sec. 2135. Bioforensics capabilities. 

‘‘Sec. 2136. Metropolitan Medical Response System Program. 


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‘‘Subtitle D—Recovery 

‘‘Sec. 2141. Identifying and addressing gaps in recovery capabilities. 

‘‘Sec. 2142. Recovery from a chemical, biological, radiological, and nuclear 

attack or incident. 

‘‘Sec. 2143. Exercises. 

Sec. 302. Enhancing laboratory biosecurity. 

Sec. 303. Definitions. 

Sec. 304. Dual-use terrorist risks from synthetic biology. 

Sec. 305. Dissemination of information analyzed by the Department to State, 

local, tribal, and private entities with responsibilities relating to 

homeland security. 

TITLE IV—PUBLIC HEALTH MATTERS 

Sec. 401. Sense of Congress regarding Federal coordination on medical countermeasures. 

Sec. 402. National Medical Countermeasure Dispensing Strategy. 

‘‘Sec. 319F–5. National Medical Countermeasure Dispensing Strategy. 

Sec. 403. National pre-event vaccination and antimicrobial dispensing policy review. 

Sec. 404. Management of short shelf life vaccine and antimicrobial stockpiles. 

Sec. 405. Material threat determinations reviews. 

Sec. 406. Background checks. 

Sec. 407. State, local, and tribal defined. 

TITLE V—FOREIGN RELATIONS MATTERS 

Sec. 501. International engagement to enhance biodefense and laboratory biosecurity. 

Sec. 502. International collaboration and information sharing relating to biosecurity. 

Sec. 503. Interagency task force on best practices for global biopreparedness. 

Sec. 504. Biological and Toxin Weapons Convention. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) The term ‘‘appropriate congressional com4 mittees’’ means the Committee on Homeland Secu5 rity of the House of Representatives and any com6 mittee of the House of Representatives or the Senate 

7 having legislative jurisdiction under the rules of the 

8 House of Representatives or Senate, respectively, 

9 over the matter concerned. 


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1 (2) The term ‘‘Intelligence Community’’ has the 

2 meaning given that term in section 3(4) of the Na3 tional Security Act of 1947 (50 U.S.C. 401a(4)). 

4 (3) The term ‘‘national biosecurity and bio5 defense stakeholders’’ means officials from the Fed6 eral, State, local, and tribal authorities and individ7 uals and other persons from the private sector who 

8 are involved in efforts to prevent, protect against, re9 spond to, and recover from a biological attack or 

10 other phenomena that may have serious health con11 sequences for the United States, including wide-scale 

12 fatalities or infectious disease outbreaks. 

13 TITLE I—A NATIONAL 

14 BIODEFENSE ENTERPRISE 

15 SEC. 101. SPECIAL ASSISTANT FOR BIODEFENSE. 

16 (a) IN GENERAL.—The President shall assign a 

17 member of the National Security Council to serve as Spe18 cial Assistant to the President for Biodefense, who shall— 

19 (1) serve as the principal advisor to the Presi20 dent regarding coordination of Federal biodefense 

21 policy including prevention, protection, response, and 

22 recovery from biological attacks or other phenomena 

23 that may have serious health consequences for the 

24 United States, including wide-scale fatalities or in25 fectious disease outbreaks; 


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1 (2) identify gaps, duplication, and other ineffi2 ciencies in existing biodefense activities and the ac3 tions necessary to overcome these obstacles; 

4 (3) lead the development of a coordinated Na5 tional Biodefense Plan, in accordance with section 

6 102; 

7 (4) lead the development of a coordinated Na8 tional Biosurveillance Strategy, in accordance with 

9 section 103; 

10 (5) lead the development of a coordinated na11 tional research and development strategy and imple12 mentation plan for microbial forensics, the latter to 

13 be updated not less than once every 4 years; 

14 (6) oversee, in coordination with the Director of 

15 the Office of Management and Budget, the develop16 ment of a comprehensive cross-cutting biodefense 

17 budget analysis to inform prioritization of resources 

18 and ensure that biodefense challenges are adequately 

19 addressed, in accordance with section 104; and 

20 (7) conduct ongoing oversight and evaluation of 

21 implementation of Federal biodefense activities by 

22 relevant Government departments and agencies. 

23 (b) ACCESS BY CONGRESS.—The appointment of the 

24 Special Assistant to the President for Biodefense shall not 

25 be construed as affecting access by Congress or commitVerDate Mar 15 2010 06:00 Feb 15, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4034.IH H4034

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1 tees of either House of Congress to information, docu2 ments, and studies in the possession of, or conducted by 

3 or at the direction of, the Special Assistant. 

4 SEC. 102. NATIONAL BIODEFENSE PLAN. 

5 The Special Assistant to the President for Biodefense 

6 shall submit to the President a National Biodefense Plan 

7 that— 

8 (1) defines the scope and purpose of a national 

9 biodefense capability; 

10 (2) identifies biological risks to the Nation to be 

11 addressed by the Plan, consistent with section 2102 

12 of the Homeland Security Act of 2002, as amended 

13 by this Act; 

14 (3) delineates activities and tasks to be per15 formed, including prevention, protection, response, 

16 and recovery activities, to address the risks identi17 fied under paragraph (2); 

18 (4) defines research and development needs for 

19 improving the capacity for threat awareness and pre20 vention, protection, response, and recovery; 

21 (5) identifies biodefense assets, interdepend22 encies, capability gaps, and gaps in the integration 

23 of capabilities; 

24 (6) provides goals, activities, milestones, and 

25 performance measures; 


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1 (7) identifies resource and investment needs; 

2 (8) defines organizational roles, responsibilities, 

3 and coordination of Federal, State, local, and tribal 

4 authorities (as those terms are defined in the Home5 land Security Act of 2002 (6 U.S.C. 101 et seq.)) 

6 with respect to the activities and tasks delineated in 

7 paragraph (3); 

8 (9) integrates and supports the strategies out9 lined in Presidential Policy Directives 2 and 8 and 

10 Homeland Security Presidential Directives 5, 9, 10, 

11 18, 21, and their successors, the National Bio12 surveillance Strategy published under section 103 of 

13 this Act, the National Medical Countermeasure Dis14 pensing Strategy developed under section 319F–5 of 

15 the Public Health Service Act, as amended by this 

16 Act, and other strategy documents as appropriate; 

17 (10) is consistent with the National Response 

18 Framework as published by the Secretary of Home19 land Security in May 2013, and any successors 

20 thereof; 

21 (11) incorporates input from Federal, State, 

22 local, and tribal stakeholders; 

23 (12) provides planning guidance to biosecurity 

24 and biodefense stakeholders, including leveraging of 

25 existing guidance; and 


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1 (13) shall be submitted to the President and 

2 the Congress within 18 months after the date of the 

3 enactment of this Act, and updated as necessary. 

4 SEC. 103. NATIONAL BIOSURVEILLANCE STRATEGY. 

5 (a) STRATEGY FOR BIOSURVEILLANCE.—The Special 

6 Assistant to the President for Biodefense shall publish a 

7 National Biosurveillance Strategy that shall— 

8 (1) identify the purpose and scope of a nation9 ally integrated biosurveillance capability; 

10 (2) establish goals, objectives, priorities, mile11 stones, and performance measures to guide the de12 velopment of such capability; 

13 (3) define and prioritize costs, benefits, and re14 source and investment needs, with particular atten15 tion to leveraging existing resources; 

16 (4) delineate Federal, State, local, tribal, and 

17 private roles and responsibilities; and 

18 (5) describe how the Strategy is integrated with 

19 related national strategies. 

20 (b) MATTERS FOR CONSIDERATION.—In developing 

21 the strategy required under subsection (a), the Special As22 sistant shall take into consideration— 

23 (1) the state of biosurveillance domestically and 

24 internationally; 


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1 (2) material threat assessments and determina2 tions developed by the Secretary of Homeland Secu3 rity in accordance with the Project BioShield Act of 

4 2004 (Public Law 108–276) and the amendments 

5 made by that Act; 

6 (3) risk assessments consistent with section 

7 2102 of the Homeland Security Act of 2002, as 

8 amended by this Act; 

9 (4) reports on global trends produced by the 

10 Office of the Director of National Intelligence re11 garding the biological threat; 

12 (5) Intelligence Community needs as articulated 

13 in relevant intelligence strategies; 

14 (6) information available in biosurveillance sys15 tems and changes to information technology includ16 ing systems used commercially to allow for the incor17 poration and integration of this information; and 

18 (7) costs associated with establishing and main19 taining the necessary infrastructure to integrate bio20 surveillance systems. 

21 (c) IMPLEMENTATION PLAN.—In addition to the 

22 strategy required under subsection (a), the Special Assist23 ant shall publish an implementation plan for such strategy 

24 that includes benchmarks for measuring the success of the 

25 Strategy. The implementation plan shall— 


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1 (1) include a plan for advancing situational 

2 awareness of biological threats, by rapid detection 

3 and dissemination of biosurveillance information in 

4 real time, and through other means; 

5 (2) include a plan for fostering information 

6 sharing among national biosecurity and biodefense 

7 stakeholders— 

8 (A) to identify potential threats, reduce 

9 vulnerabilities, and improve collective response 

10 activities to, and investigations of, suspected bi11 ological attacks; 

12 (B) that addresses the type of information 

13 to be shared and how it will be shared; and 

14 (C) that identifies critical sensitivities to be 

15 protected; and 

16 (3) include a plan for enhancing the capability 

17 of the Federal Government to rapidly identify, char18 acterize, localize, and track a biological event of na19 tional concern by integrating and analyzing data re20 lating to human health, animal, plant, food, and en21 vironmental monitoring systems (both national and 

22 international). 

23 (d) DEADLINE; SUBMISSION; UPDATES.—The Spe24 cial Assistant shall— 


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1 (1) publish the strategy, and submit it to the 

2 appropriate congressional committees, by not later 

3 than 1 year after the date of enactment of this Act; 

4 and 

5 (2) publish an implementation plan for such 

6 strategy not later than 2 years after the date of en7 actment of this Act, and update the implementation 

8 plan at least once every 4 years. 

9 SEC. 104. COMPREHENSIVE CROSS-CUTTING BIODEFENSE 

10 BUDGET ANALYSIS. 

11 (a) IN GENERAL.—In order to enhance strategic 

12 planning, eliminate redundancies, identify capability gaps, 

13 and provide for greater transparency, the Special Assist14 ant to the President for Biodefense, in coordination with 

15 the Director of the Office of Management and Budget, 

16 shall transmit to the appropriate congressional commit17 tees, concurrent with the submission of the President’s an18 nual budget to the Congress, a comprehensive cross-cut19 ting biodefense budget analysis that delineates and inte20 grates the biodefense expenditure requests for the depart21 ments and agencies headed by the officials listed in sub22 section (c). 

23 (b) CONTENTS.— 

24 (1) IN GENERAL.—The comprehensive cross25 cutting biodefense budget analysis shall provide a 


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1 detailed, separate analysis, by budget function, by 

2 department or agency, and by initiative area (as de3 termined by the Administration), for the prior fiscal 

4 year, the current fiscal year, and the fiscal years for 

5 which the budget is submitted, identifying the 

6 amounts of gross and net appropriations or 

7 obligational authority and outlays that contribute to 

8 biodefense, with separate displays for mandatory 

9 and discretionary amounts, including— 

10 (A) summaries of the total amount of such 

11 appropriations or obligational authority and 

12 outlays requested for biodefense; 

13 (B) an estimate of the current service lev14 els of biodefense spending; and 

15 (C) an indication of how the Federal ac16 tivities or accounts covered by the analysis sup17 port the activities delineated in the National 

18 Biodefense Plan under section 102(2). 

19 (2) ACCOUNT-LEVEL AMOUNTS.—With respect 

20 to subparagraphs (A) through (C) of paragraph (1), 

21 amounts shall be provided by account for each pro22 gram, project, and activity. 

23 (c) COORDINATION.— 

24 (1) SUBMISSION TO SPECIAL ASSISTANT.—Each 

25 official listed in paragraph (2) shall, by not later 


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1 than 30 days before submitting the annual appro2 priations request for the agency under section 1108 

3 of title 31, United States Code, submit to the Spe4 cial Assistant— 

5 (A) the proposed appropriations request; 

6 and 

7 (B) a progress report on how the depart8 ment or agency under the official’s authority 

9 agency has met the responsibilities of the offi10 cial under the National Biodefense Plan under 

11 section 102. 

12 (2) COVERED OFFICIAL.—The officials referred 

13 to in paragraph (1) are— 

14 (A) the Secretary of Agriculture; 

15 (B) the Secretary of Commerce; 

16 (C) the Secretary of Defense; 

17 (D) the Secretary of Energy; 

18 (E) the Secretary of Health and Human 

19 Services; 

20 (F) the Secretary of Homeland Security; 

21 (G) the Secretary of State; 

22 (H) the Secretary of Veterans Affairs; 

23 (I) the Attorney General; 

24 (J) the Administrator of the Environ25 mental Protection Agency; 


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1 (K) the Director of the National Science 

2 Foundation; 

3 (L) the Postmaster General of the United 

4 States; and 

5 (M) heads of other Federal departments 

6 and agencies as considered appropriate by the 

7 Special Assistant. 

8 (d) CONSULTATION WITH CONGRESS.—Periodically, 

9 but at least annually, the Special Assistant for Biodefense 

10 shall consult with the Committee on Homeland Security 

11 of the House of Representatives, the Committee on Home12 land Security and Governmental Affairs of the Senate, the 

13 Budget Committees of the House of Representatives and 

14 the Senate, the Appropriations Committees of the House 

15 of Representatives and the Senate, and the Congressional 

16 Budget Office. 

17 TITLE II—INTELLIGENCE 

18 MATTERS 

19 SEC. 201. NATIONAL INTELLIGENCE STRATEGY FOR COUN20 TERING THE THREAT FROM WEAPONS OF 

21 MASS DESTRUCTION. 

22 (a) STRATEGY.— 

23 (1) DEVELOPMENT.—The Director of National 

24 Intelligence, in consultation with the Secretary of 

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1 priate Federal departments and agencies, shall de2 velop and implement— 

3 (A) a strategy designed to improve the ca4 pabilities of the United States to collect, ana5 lyze, and disseminate intelligence related to 

6 weapons of mass destruction; and 

7 (B) a plan to implement such strategy. 

8 (2) TITLE.—The strategy required under para9 graph (1) shall be known as the ‘‘National Intel10 ligence Strategy for Countering the Threat from 

11 Weapons of Mass Destruction’’. 

12 (b) CONTENTS.—The strategy required under sub13 section (a) shall— 

14 (1) identify and address core capabilities needed 

15 for successful intelligence collection on weapons of 

16 mass destruction; 

17 (2) include methods for the recruitment, train18 ing, and retention of a workforce with expertise in 

19 the collection, analysis, and dissemination of intel20 ligence related to all types of weapons of mass de21 struction and science and technology related to 

22 weapons of mass destruction, as well as expertise in 

23 science and technology relating to risks posed by 

24 weapons of mass destruction; and 


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1 (3) include methods for information sharing 

2 and collaboration, as appropriate, with non-Federal 

3 national biosecurity and biodefense stakeholders. 

4 (c) IMPLEMENTATION PLAN.—The plan for imple5 menting the strategy required under subsection (a) shall 

6 include— 

7 (1) actions necessary to increase the effective8 ness and efficiency of the sharing of intelligence on 

9 weapons of mass destruction throughout the Intel10 ligence Community and with other Federal partners, 

11 including a description of statutory, regulatory, pol12 icy, technical, security, or other barriers that impede 

13 such sharing, and, as appropriate, the development 

14 of uniform standards across the Intelligence Com15 munity for such sharing; 

16 (2) methods to disseminate intelligence prod17 ucts to national biosecurity and biodefense stake18 holders in classified and unclassified formats to in19 crease the effectiveness and efficiency of the sharing 

20 of information; 

21 (3) actions necessary to provide open-source in22 telligence relating to weapons of mass destruction 

23 to— 

24 (A) appropriate Federal departments and 

25 agencies; 


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1 (B) State, local, and tribal authorities; and 

2 (C) private entities; 

3 (4) specific objectives to be accomplished, with 

4 corresponding schedule, for each year of the 5-year 

5 period that begins on the date on which the strategy 

6 is submitted to the appropriate congressional com7 mittees under subsection (e) and tasks to accomplish 

8 such objectives, including— 

9 (A) a list prioritizing such objectives and 

10 such tasks; and 

11 (B) a schedule for meeting such objectives 

12 and carrying out such tasks; 

13 (5) assignments of roles and responsibilities to 

14 elements of the Intelligence Community to imple15 ment the strategy; and 

16 (6) a schedule for assessment of the effective17 ness and efficiency of the strategy, including 

18 metrics, and a description of the components of the 

19 assessment. 

20 (d) COORDINATION.—The Director of National Intel21 ligence shall coordinate with State, local, and tribal gov22 ernment authorities, the private sector, and nongovern23 mental organizations in the development of the National 

24 Intelligence Strategy for Countering the Threat from 

25 Weapons of Mass Destruction. 


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1 (e) DEADLINE FOR SUBMISSION.—Not later than 6 

2 months after the date of the enactment of this Act, the 

3 Director of National Intelligence shall submit to the ap4 propriate congressional committees the strategy and plan 

5 required under subsection (a). The submission shall be in 

6 unclassified form but with a classified annex, as appro7 priate. 

8 (f) UPDATES.—The Director of National Intelligence 

9 shall update the implementation plan at least once every 

10 4 years. 

11 SEC. 202. NATIONAL INTELLIGENCE STRATEGY FOR COUN12 TERING BIOLOGICAL THREATS. 

13 (a) STRATEGY.— 

14 (1) DEVELOPMENT.—The Director of National 

15 Intelligence, in consultation with the Secretary of 

16 Homeland Security, the Secretary of Health and 

17 Human Services, the Secretary of Agriculture, the 

18 Special Assistant to the President for Biodefense, 

19 and the heads of other appropriate Federal depart20 ments and agencies, shall develop and implement a 

21 strategy and a plan for implementing the strategy 

22 that is integrated into the National Intelligence 

23 Strategy for Countering the Threat from Weapons 

24 of Mass Destruction, as required under this title. 


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1 (2) TITLE.—The strategy required under para2 graph (1) shall be known as the ‘‘National Intel3 ligence Strategy for Countering Biological Threats’’. 

4 (b) CONTENTS.—The strategy required under sub5 section (a) shall— 

6 (1) identify and address target capabilities 

7 needed for successful intelligence collection on bio8 logical threats; 

9 (2) include a plan for establishing in the Intel10 ligence Community a cadre of collectors and analysts 

11 in all relevant agencies in the Intelligence Commu12 nity that are familiar with biological threats, biologi13 cal science, and biotechnology, including— 

14 (A) biological scientists; 

15 (B) biotechnologists; and 

16 (C) experts with knowledge of the current 

17 state of technologies that could be used to de18 velop a weapon of mass destruction; 

19 (3) include a plan for defining the functions, 

20 capabilities, and gaps in the Intelligence Community 

21 workforce with respect to assessing the biological 

22 threat; 

23 (4) include methods for collaboration— 


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1 (A) with non-Intelligence Community tech2 nical experts within Federal departments and 

3 agencies; and 

4 (B) as appropriate, with individuals with 

5 expertise described in paragraph (2) who are 

6 not employed by the Federal Government, in 

7 particular with State and local biodefense stake8 holders; 

9 (5) include a plan for defining, integrating, fo10 cusing, and enhancing existing capabilities in the In11 telligence Community dedicated to current and stra12 tegic biological threats; and 

13 (6) include a plan for ensuring the 

14 prioritization and sustained commitment of intel15 ligence personnel and resources to address biological 

16 threats. 

17 (c) IMPLEMENTATION PLAN.—The implementation 

18 plan for the strategy required under subsection (a) shall— 

19 (1) include actions necessary to increase the ef20 fectiveness and efficiency of the sharing of intel21 ligence throughout the Intelligence Community on 

22 biological weapons and organisms that could be used 

23 for biological terrorism, including a description of 

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1 propriate, the development of uniform standards 

2 across the Intelligence Community for such sharing; 

3 (2) address strategic and tactical human intel4 ligence, measurement and signature intelligence, 

5 technical intelligence, medical intelligence, and open6 source intelligence activities necessary to implement 

7 the strategy; 

8 (3) identify specific objectives to be accom9 plished during each year of the 5-year period that 

10 begins on the date on which the strategy is sub11 mitted to the appropriate congressional committees 

12 under subsection (d) and tasks to accomplish such 

13 objectives, including— 

14 (A) a list prioritizing such objectives and 

15 such tasks; and 

16 (B) a schedule for meeting such objectives 

17 and carrying out such tasks; 

18 (4) assign roles and responsibilities to elements 

19 of the Intelligence Community to implement the 

20 strategy; 

21 (5) a schedule for assessment of the effective22 ness and efficiency of the strategy, including 

23 metrics; and 

24 (6) a schedule for evaluating on a regular basis 

25 the efforts of the Intelligence Community and 


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1 progress on understanding and countering biological 

2 threats. 

3 (d) REPORT.—Not later than 1 year after the date 

4 of the enactment of this Act, the Director of National In5 telligence shall submit to the appropriate congressional 

6 committees the strategy and plan required under sub7 section (a). The report shall be in unclassified form but 

8 with a classified annex, as appropriate. 

9 (e) UPDATES.—The Director of National Intelligence 

10 shall update the implementation plan at least once every 

11 4 years. 

12 SEC. 203. STATE, LOCAL, AND TRIBAL DEFINED. 

13 In this title, the term ‘‘State, local, and tribal’’ has 

14 the same meaning that term has in the Homeland Security 

15 Act of 2002 (6 U.S.C. 101 et seq.). 

16 TITLE III—HOMELAND 

17 SECURITY MATTERS 

18 SEC. 301. WEAPONS OF MASS DESTRUCTION PREVENTION 

19 AND PREPAREDNESS. 

20 (a) IN GENERAL.—The Homeland Security Act of 

21 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

22 end the following new title: 


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1 ‘‘TITLE XXI—WEAPONS OF MASS 

2 DESTRUCTION PREVENTION 

3 AND PREPAREDNESS 

4 ‘‘Subtitle A—Prevention 

5 ‘‘SEC. 2101. WEAPONS OF MASS DESTRUCTION INTEL6 LIGENCE AND INFORMATION SHARING. 

7 ‘‘(a) IN GENERAL.—The Office of Intelligence and 

8 Analysis of the Department shall— 

9 ‘‘(1) conduct intelligence and information shar10 ing activities consistent with the National Intel11 ligence Strategy for Countering the Threat from 

12 Weapons of Mass Destruction under section 201 of 

13 the WMD Prevention and Preparedness Act of 2014 

14 and the National Intelligence Strategy for Coun15 tering Biological Threats under section 202 of that 

16 Act; 

17 ‘‘(2) support homeland security-focused intel18 ligence analysis of terrorist actors, their claims, and 

19 their plans to conduct attacks involving chemical, bi20 ological, radiological, and nuclear materials against 

21 the Nation; 

22 ‘‘(3) support homeland security-focused intel23 ligence analysis of global infectious disease, public 

24 health, food, agricultural, and veterinary issues; 


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1 ‘‘(4) support homeland security-focused risk 

2 analysis and risk assessments of the homeland secu3 rity hazards described in paragraphs (2) and (3), by 

4 providing relevant quantitative and nonquantitative 

5 threat information; 

6 ‘‘(5) leverage existing and emerging homeland 

7 security capabilities and structures, including fusion 

8 centers established pursuant to section 210A, to en9 hance prevention, protection, response, and recovery 

10 efforts with respect to a chemical, biological, radio11 logical, or nuclear attack; 

12 ‘‘(6) share information and provide tailored an13 alytical support on these threats to State, local, and 

14 tribal authorities as well as other national biosecu15 rity and biodefense stakeholders; and 

16 ‘‘(7) perform other responsibilities, as assigned 

17 by the Secretary. 

18 ‘‘(b) COORDINATION.—Where appropriate, the Office 

19 of Intelligence and Analysis shall coordinate with other 

20 relevant Department components, others in the Intel21 ligence Community, including the National Counter Pro22 liferation Center, and other Federal, State, local, and trib23 al authorities, including officials from high-threat areas, 

24 and enable such entities to provide recommendations on 

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1 ditious sharing of classified information, and on how they 

2 can provide information to the Department. 

3 ‘‘(c) REPORT.— 

4 ‘‘(1) IN GENERAL.—Not later than 1 year after 

5 the date of the enactment of this section and annu6 ally thereafter, the Secretary shall report to the ap7 propriate congressional committees on— 

8 ‘‘(A) the intelligence and information shar9 ing activities under subsection (a) and of all rel10 evant entities within the Department to counter 

11 the threat from weapons of mass destruction; 

12 and 

13 ‘‘(B) the Department’s activities in accord14 ance with relevant intelligence strategies, in15 cluding the National Intelligence Strategy for 

16 Countering the Threat from Weapons of Mass 

17 Destruction and the National Intelligence Strat18 egy for Countering Biological Threats. 

19 ‘‘(2) ASSESSMENT OF IMPLEMENTATION.—The 

20 report shall include— 

21 ‘‘(A) a description of methods established 

22 to assess progress of the Office of Intelligence 

23 and Analysis in implementing this section; and 

24 ‘‘(B) such assessment. 


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1 ‘‘SEC. 2102. RISK ASSESSMENTS. 

2 ‘‘(a) IN GENERAL.—The Secretary, acting through 

3 the Under Secretary for Science and Technology, shall, in 

4 coordination with relevant Department components and 

5 other appropriate Federal departments and agencies— 

6 ‘‘(1) produce and update periodically a ter7 rorism risk assessment of chemical, biological, radio8 logical, and nuclear threats; and 

9 ‘‘(2) produce and update periodically an inte10 grated terrorism risk assessment that assesses all of 

11 those threats and compares them against one an12 other according to their relative risk. 

13 ‘‘(b) METHODOLOGY.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall— 

15 ‘‘(A) convene an interagency task force of 

16 relevant subject matter experts to assess the 

17 proposed methodology to be used for assess18 ments required under subsection (a), and to 

19 provide recommendations to the Secretary as to 

20 the adequacy of such methodology; 

21 ‘‘(B) conduct sensitivity analysis on each 

22 assessment to identify and prioritize research 

23 activities to close knowledge gaps; and 

24 ‘‘(C) consider the evolving threat from an 

25 intelligent adversary. 


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1 ‘‘(2) INCLUSION IN ASSESSMENT.—Each assess2 ment under subsection (a) shall include a description 

3 of the methodology used for the assessment. 

4 ‘‘(c) USAGE.—The assessments required under sub5 section (a) shall be used to inform and guide risk manage6 ment decisions, including— 

7 ‘‘(1) the threat assessments and determinations 

8 by the Secretary regarding agents and toxins pursu9 ant to section 319F–2 of the Public Health Service 

10 Act; 

11 ‘‘(2) allocation of resources for research and de12 velopment for chemical, biological, radiological, and 

13 nuclear attack prevention, protection, response, and 

14 recovery; 

15 ‘‘(3) prioritization of medical countermeasure 

16 research, development, acquisition, and distribution 

17 activities and other national strategic biodefense re18 search; 

19 ‘‘(4) tailored risk assessments and risk mitiga20 tion studies, as appropriate, on topics such as radio21 logical materials security or the economic risks of a 

22 biological attack; and 

23 ‘‘(5) other homeland security activities as deter24 mined appropriate by the Secretary and the heads of 

25 other agencies. 


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1 ‘‘(d) INPUT AND SHARING.—The Secretary shall, for 

2 each assessment required under subsection (a)— 

3 ‘‘(1) seek input from national biosecurity and 

4 biodefense stakeholders, and other Federal, State, 

5 local, and tribal officials involved in efforts to pre6 vent, protect, respond to, and recover from chemical, 

7 biological, radiological, and nuclear threats; 

8 ‘‘(2) ensure that written procedures are in place 

9 to guide the interagency development of the assess10 ments, including for input, review, and implementa11 tion purposes, among relevant Federal partners; 

12 ‘‘(3) share the risk assessments with Federal, 

13 State, local and tribal officials with appropriate se14 curity clearances and a need for the information in 

15 the classified version; and 

16 ‘‘(4) to the maximum extent practicable, make 

17 available an unclassified version for Federal, State, 

18 local, and tribal officials involved in prevention and 

19 preparedness for chemical, biological, radiological, 

20 and nuclear events. 

21 ‘‘(e) WRITTEN PROCEDURES.—The Secretary shall 

22 establish written procedures for appropriate usage of the 

23 assessments required under subsection (a), including— 


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1 ‘‘(1) a description of the types of departmental 

2 activities for which the assessments should be con3 sidered; 

4 ‘‘(2) the extent to which the findings of the as5 sessments should play a role in such activities; 

6 ‘‘(3) the point in planning processes at which 

7 the assessments should be considered; and 

8 ‘‘(4) how users can access expertise within the 

9 Department to aid in interpretation of the results of 

10 the assessments. 

11 ‘‘SEC. 2103. NATIONAL EXPORT ENFORCEMENT COORDINA12 TION. 

13 ‘‘(a) ESTABLISHMENT.—There shall be maintained in 

14 the Department the Export Enforcement Coordination 

15 Center, with capability for national export enforcement co16 ordination that is managed by the Secretary and coordi17 nates the export enforcement activities among the Depart18 ment, the Department of Agriculture, the Department of 

19 Commerce, the Department of Defense, the Department 

20 of Energy, the Department of Justice, the Department of 

21 State, the Department of the Treasury, the Intelligence 

22 Community, and other Federal agencies as appropriate. 

23 ‘‘(b) RESPONSIBILITIES.—The Center shall— 

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1 ing coordination and deconfliction with intelligence 

2 counterproliferation activities; 

3 ‘‘(2) address licensing inquiries, reviews, re4 quests, checks, and verifications; and 

5 ‘‘(3) conduct outreach and provide training to 

6 the export trade community. 

7 ‘‘SEC. 2104. COMMUNICATION OF THREAT INFORMATION. 

8 ‘‘(a) FINDINGS.—Congress finds the following: 

9 ‘‘(1) The Commission on the Prevention of 

10 Weapons of Mass Destruction Proliferation and Ter11 rorism recommended that ‘the Federal Government 

12 should practice greater openness of public informa13 tion so that citizens better understand the threat 

14 and the risk this threat poses to them’. 

15 ‘‘(2) There are unique challenges for commu16 nity preparedness for attacks from weapons of mass 

17 destruction. 

18 ‘‘(b) COMMUNICATIONS PLAN.— 

19 ‘‘(1) IN GENERAL.—The Administrator of the 

20 Federal Emergency Management Agency shall de21 velop a communications plan designed to provide in22 formation to the public related to preventing, pre23 paring for, responding to, and recovering from 

24 chemical, biological, radiological, and nuclear at25 tacks. 


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1 ‘‘(2) CONSULTATION.—As appropriate, the Ad2 ministrator of the Federal Emergency Management 

3 Agency shall consult with State, local, and tribal au4 thorities and coordinate with other Federal depart5 ments and agencies in developing the communica6 tions plans under paragraph (1). 

7 ‘‘(3) PRE-SCRIPTED MESSAGES AND MESSAGE

8 TEMPLATES.— 

9 ‘‘(A) IN GENERAL.—The Administrator of 

10 the Federal Emergency Management Agency 

11 shall develop and disseminate, through an alerts 

12 and warnings system, pre-scripted messages 

13 and message templates for State, local, and 

14 tribal authorities so that those authorities can 

15 quickly and rapidly disseminate critical infor16 mation to the public in anticipation of, during, 

17 or in the immediate aftermath of a chemical, bi18 ological, radiological, and nuclear attack, and to 

19 be included in the Department of Homeland Se20 curity’s lessons learned information sharing sys21 tem. 

22 ‘‘(B) DEVELOPMENT AND DESIGN.—The 

23 pre-scripted messages or message templates 

24 shall— 


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1 ‘‘(i) be developed in consultation with 

2 State, local, and tribal authorities and in 

3 coordination with other appropriate Fed4 eral departments and agencies; 

5 ‘‘(ii) be designed to provide accurate, 

6 essential, and appropriate information and 

7 instructions to the population directly af8 fected by an incident, including informa9 tion regarding an evacuation, sheltering in 

10 place, hospital surge operations, health, 

11 and safety; 

12 ‘‘(iii) be designed to provide accurate, 

13 essential, and appropriate information and 

14 instructions to children and other special 

15 needs populations within the population di16 rectly affected by an incident; 

17 ‘‘(iv) be designed to provide accurate, 

18 essential, and appropriate information and 

19 instructions to emergency response pro20 viders and medical personnel responding to 

21 an incident; and 

22 ‘‘(v) include direction for the coordi23 nation of Federal, State, local, and tribal 

24 communications teams. 


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1 ‘‘(C) COMMUNICATIONS FORMATS.—The 

2 Administrator shall develop pre-scripted mes3 sages or message templates under this para4 graph in multiple formats to ensure delivery— 

5 ‘‘(i) in cases where the usual commu6 nications infrastructure is unusable; 

7 ‘‘(ii) to individuals with disabilities or 

8 other special needs and individuals with 

9 limited English proficiency; and 

10 ‘‘(iii) to educational and childcare fa11 cilities, including daycare centers, grade 

12 schools, universities, hospitals, and elderly 

13 care facilities. 

14 ‘‘(D) DISSEMINATION AND TECHNICAL AS15 SISTANCE.—The Administrator shall ensure 

16 that all pre-scripted messages and message 

17 templates developed under this paragraph are 

18 made available to State, local, and tribal au19 thorities so that those authorities may incor20 porate them, as appropriate, into their emer21 gency plans. The Administrator shall also make 

22 available relevant technical assistance to those 

23 authorities to support communications plan24 ning. 


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1 ‘‘(E) EXERCISES.—To ensure that the pre2 scripted messages or message templates devel3 oped under this paragraph can be effectively 

4 utilized in a disaster or incident, the Adminis5 trator shall incorporate Federal, State, local, 

6 and tribal communications teams that deliver 

7 such pre-scripted messages or message tem8 plates into exercises, including those conducted 

9 under the National Exercise Program. 

10 ‘‘(4) REPORT.—Not later than 1 year after the 

11 date of the enactment of this subsection, the Admin12 istrator of the Federal Emergency Management 

13 Agency shall submit to the appropriate congressional 

14 committees the communications plans required to be 

15 developed under this subsection, including pre16 scripted messages or message templates developed in 

17 conjunction with the plans and a description of the 

18 means that will be used to deliver these messages 

19 during such incidents. 

20 ‘‘(c) TERRORISM THREAT AWARENESS.— 

21 ‘‘(1) TERRORISM THREAT AWARENESS.—The 

22 Secretary, in coordination with the Attorney General 

23 and heads of appropriate Federal agencies, shall for 

24 purposes of preparedness and collective response to 

25 terrorism and for other purposes— 


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1 ‘‘(A) ensure that homeland security infor2 mation concerning terrorist threats is provided 

3 to State, local, and tribal authorities and the 

4 public within the United States, as appropriate; 

5 and 

6 ‘‘(B) establish a process to optimize oppor7 tunities for qualified heads of State, local, and 

8 tribal government entities to obtain appropriate 

9 security clearances so that they may receive 

10 classified threat information when appropriate. 

11 ‘‘(2) THREAT BULLETINS.— 

12 ‘‘(A) IN GENERAL.—Consistent with the 

13 requirements of paragraph (1), the Secretary 

14 shall, on a timely basis, prepare unclassified 

15 threat bulletins on chemical, biological, radio16 logical, and nuclear threats. 

17 ‘‘(B) REQUIREMENTS.—Each assessment 

18 required under subparagraph (A) shall— 

19 ‘‘(i) include guidance to the public for 

20 preventing and responding to acts of ter21 rorism arising from such threats; and 

22 ‘‘(ii) be made available on the Internet 

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1 munication systems, and information net2 works. 

3 ‘‘(3) GUIDANCE TO STATE, LOCAL, AND TRIBAL

4 AUTHORITIES.—The Secretary, using information 

5 provided by the terrorism risk assessments under 

6 section 2102 and material threat assessments and 

7 determinations under the Project BioShield Act of 

8 2004 (Public Law 108–276) and the amendments 

9 made by that Act— 

10 ‘‘(A) shall provide to State, local, and trib11 al authorities written guidance on commu12 nicating terrorism-related threats and risks to 

13 the public within their jurisdictions; and 

14 ‘‘(B) shall identify and articulate the gov15 ernmental rationale for identifying particular 

16 communities as being at heightened risk of ex17 ploitation. 

18 ‘‘(4) USE OF EXISTING RESOURCES.—The Sec19 retary shall use Internet Web sites, communication 

20 systems, and information networks in operation on 

21 the date of an assessment under this subsection, and 

22 shall coordinate with other heads of Federal depart23 ments and agencies to provide information through 

24 existing channels to satisfy the requirements of 

25 paragraph (2)(B)(ii). The Secretary shall provide 


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1 guidance on how State, local, tribal, and private en2 tities can partner with public television stations to 

3 disseminate information provided by the Department 

4 and shall provide information on best practices on 

5 disseminating information to residents of local com6 munities, including leveraging public television sta7 tions. 

8 ‘‘SEC. 2105. INDIVIDUAL AND COMMUNITY PREPAREDNESS 

9 FOR CHEMICAL, BIOLOGICAL, RADIO10 LOGICAL, AND NUCLEAR ATTACKS. 

11 ‘‘(a) IN GENERAL.—The Secretary, acting through 

12 the Administrator for the Federal Emergency Manage13 ment Agency, shall assist State, local, and tribal authori14 ties in improving and promoting individual and community 

15 preparedness and collective response to terrorist attacks 

16 involving chemical, biological, radiological, and nuclear 

17 materials against the United States by— 

18 ‘‘(1) developing guidance and checklists of rec19 ommended actions for individual and community 

20 prevention and preparedness efforts and dissemi21 nating such guidance and checklists to communities 

22 and individuals; 

23 ‘‘(2) updating new and existing guidance and 

24 checklists as appropriate; 


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1 ‘‘(3) disseminating to communities and individ2 uals the guidance developed under section 2131, as 

3 appropriate; 

4 ‘‘(4) providing information and training mate5 rials in support of individual and community pre6 paredness efforts; 

7 ‘‘(5) conducting individual and community pre8 paredness outreach efforts; and 

9 ‘‘(6) such other actions as the Secretary deter10 mines appropriate. 

11 ‘‘(b) COORDINATION.—The Secretary shall coordi12 nate with Federal departments and agencies and with pri13 vate sector and nongovernmental organizations to promote 

14 individual and community preparedness and collective re15 sponse to terrorist attacks involving chemical, biological, 

16 radiological, and nuclear materials against the United 

17 States. 

18 ‘‘(c) BEST PRACTICES.—In compiling guidance for 

19 individual and community preparedness in order to carry 

20 out subsection (a)(4), the Secretary shall give due regard 

21 to best practices based on the experience of other agencies 

22 and countries and the expertise of academic institutions 

23 and nongovernmental organizations. 


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1 ‘‘Subtitle B—Protection 

2 ‘‘SEC. 2121. DETECTION OF BIOLOGICAL ATTACKS. 

3 ‘‘(a) PROGRAM.—The Secretary shall carry out a pro4 gram to detect a biological attack or event that poses a 

5 high risk to homeland security. Through such program, 

6 the Secretary shall— 

7 ‘‘(1) deploy detection capabilities to areas, 

8 based on high risks identified by Department assess9 ments, to indicate the presence of biological agents; 

10 ‘‘(2) consider multiple deployment strategies in11 cluding surge capability; 

12 ‘‘(3) provide information to participating lab13 oratories and programs for their use in monitoring 

14 public health, and biological material or other data 

15 from those detectors to participating laboratories 

16 and programs for testing and evaluation; 

17 ‘‘(4) regularly communicate with, and provide 

18 information about the presence of biological agents 

19 to, appropriate Federal, State, and local agencies re20 sponsible for public health, law enforcement, and 

21 emergency services, in a manner that ensures trans22 parency with the governments served by such per23 sonnel; 

24 ‘‘(5) provide advanced planning tools, concepts 

25 of operations (including alarm resolution protocols 


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1 and response guidance), standard operating proce2 dures, and training exercises (including in collabora3 tion with relevant national level exercises) for collec4 tive response to and recovery from biological attacks; 

5 and 

6 ‘‘(6) provide technical assistance to jurisdictions 

7 hosting the program to improve their ability to re8 spond to a detected pathogen. 

9 ‘‘(b) PROGRAM REQUIREMENTS.—Under the pro10 gram required under subsection (a), the Secretary shall— 

11 ‘‘(1) enter into memoranda of agreement or 

12 interagency agreements under the Economy Act of 

13 1933 (31 U.S.C. 1535 et seq.) with the Director of 

14 the Centers for Disease Control and Prevention and 

15 the Administrator of the Environmental Protection 

16 Agency, and the heads of other Federal departments 

17 and agencies, setting forth roles and responsibilities, 

18 including with respect to validating performance and 

19 developing testing protocols for participating labora20 tories and coordination with appropriate State, local, 

21 and tribal agencies; 

22 ‘‘(2) establish criteria for determining whether 

23 plans for biological detector capabilities and coverage 

24 sufficiently protect the United States population, 

25 and make such determinations on an annual basis; 


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1 ‘‘(3) acting through the Under Secretary for 

2 Science and Technology, and in consultation with 

3 the Director of the Centers for Disease Control and 

4 Prevention, implement a process for establishing 

5 assay performance standards and evaluation for 

6 equivalency for biological threat assays, that— 

7 ‘‘(A) evaluates biological threat detection 

8 assays, their protocols for use, and their associ9 ated response algorithms for confirmation of bi10 ological threat agents, taking performance 

11 measures and concepts of operation into consid12 eration; 

13 ‘‘(B) develops interagency peer-reviewed 

14 assay performance and equivalency standards 

15 based on the findings of the evaluation under 

16 subparagraph (A); 

17 ‘‘(C) requires implementation of the stand18 ards developed under subparagraph (B) for all 

19 Department biological detection programs; 

20 ‘‘(D) promotes use of such standards 

21 among all other Federal biological detection 

22 programs and makes them available to the pri23 vate sector and other end-users as appropriate; 

24 and 

25 ‘‘(E) is updated as necessary; 


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1 ‘‘(4) prior to obligating funds to acquire bio2 detection systems for purposes of operational testing 

3 and evaluation, require— 

4 ‘‘(A) a determination of the sensitivity and 

5 specificity of the currently deployed biodetection 

6 system; 

7 ‘‘(B) an assessment of the sensitivity and 

8 specificity of the next generation biodetection 

9 system or systems under consideration for ac10 quisition and whether it meets established oper11 ational requirements; 

12 ‘‘(C) provision of all raw data to the 

13 Science and Technology Directorate to enable 

14 the Under Secretary to— 

15 ‘‘(i) conduct a trade-off study com16 paring the results of subparagraphs (A) 

17 and (B); and 

18 ‘‘(ii) perform a technical readiness as19 sessment in accordance with section 

20 308(b); and 

21 ‘‘(D) that the findings under subparagraph 

22 (C) inform the cost-benefit analysis under para23 graph (5)(A) and any Departmental acquisition 

24 review board decision regarding the biodetection 

25 system or systems under consideration; and 


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1 ‘‘(5) prior to acquiring and deploying biodetec2 tion technology, require— 

3 ‘‘(A) a cost-benefit analysis, including an 

4 analysis of alternatives, that shall be informed 

5 by the terrorism risk assessments under section 

6 2102; 

7 ‘‘(B) operational testing and evaluation; 

8 ‘‘(C) operational assessment by the end 

9 users of the technology; and 

10 ‘‘(D) the Department, other relevant exec11 utive agencies, and local jurisdictions intended 

12 to host the systems to agree on concepts of op13 erations for resolving alarms. 

14 ‘‘(c) CONTRACT AUTHORITY.—The Secretary may 

15 enter into contracts with participating laboratories and 

16 programs for— 

17 ‘‘(1) the provision of laboratory services or 

18 other biosurveillance activities as appropriate for 

19 purposes of this section on a fee-for-service basis or 

20 on a prepayment or other similar basis; and 

21 ‘‘(2) administrative and other costs related to 

22 hosting program personnel and equipment in these 

23 laboratories or programs. 

24 ‘‘(d) DEFINITIONS.—In this section: 


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1 ‘‘(1) The term ‘participating laboratory’ means 

2 a laboratory that has been accepted as a member of 

3 the Laboratory Response Network for Biological 

4 Terrorism that— 

5 ‘‘(A) is fully equipped to detect and re6 spond quickly to acts of biological terrorism; 

7 ‘‘(B) provides biocontainment and micro8 biological analysis in support of the Department 

9 and relevant law enforcement agencies with re10 sponsibilities for investigating biological inci11 dents; and 

12 ‘‘(C) supports assay evaluation, research 

13 and development. 

14 ‘‘(2) The term ‘assay’ means any scientific test 

15 that is designed to detect the presence of a biological 

16 threat agent that is of a type selected under criteria 

17 established by the Secretary. 

18 ‘‘SEC. 2122. RAPID BIOLOGICAL THREAT DETECTION AND 

19 IDENTIFICATION AT PORTS OF ENTRY. 

20 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se21 curity shall require the Under Secretary for Science and 

22 Technology, in consultation with the heads of other rel23 evant operational components of the Department of 

24 Homeland Security, to assess whether the development of 

25 technological screening capabilities for biological agents, 


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1 pandemic influenza, and other infectious diseases should 

2 be undertaken by the Directorate of Science and Tech3 nology to support entry and exit screening at ports of 

4 entry and for other homeland security purposes. 

5 ‘‘(b) DEVELOPMENT OF METHODS.—If the Under 

6 Secretary determines that the development of such screen7 ing capabilities should be undertaken, the Secretary shall, 

8 to the extent possible, initiate development of safe and ef9 fective methods to— 

10 ‘‘(1) rapidly screen incoming persons at ports of 

11 entry for biological agents, pandemic influenza, and 

12 other infectious diseases; and 

13 ‘‘(2) obtain results of such screening near the 

14 point of entry. 

15 ‘‘SEC. 2123. EVALUATING DETECTION TECHNOLOGY. 

16 ‘‘To inform the purchase of detection technology, the 

17 Secretary, in coordination with the Director of the Na18 tional Institute of Standards and Technology, may carry 

19 out a program to— 

20 ‘‘(1) establish near-term minimum performance 

21 metrics to support public safety actionable activities, 

22 based to the greatest extent practicable on voluntary 

23 consensus standards, to evaluate the effectiveness of 

24 detection technology for high-priority biological 

25 agents and toxins and high-priority chemical agents; 


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1 ‘‘(2) establish a process for voluntary testing 

2 and evaluation of technology by an accredited lab3 oratory to demonstrate conformance to such con4 sensus standards, or performance metrics if stand5 ards do not exist, for the effective detection of high6 priority biological agents and toxins and high-pri7 ority chemical agents, including incentivization for 

8 the program through potential cost sharing with 

9 technology manufacturers and for SAFETY Act cer10 tification or placement on the authorized equipment 

11 list, or both; and 

12 ‘‘(3) with permission from the detection tech13 nology manufacturer, make available to Federal de14 partments and agencies, State, territorial, local, and 

15 tribal entities, and the private sector the results of 

16 detection system testing and evaluation under para17 graph (2). 

18 ‘‘SEC. 2124. DOMESTIC IMPLEMENTATION OF THE GLOBAL 

19 NUCLEAR DETECTION ARCHITECTURE. 

20 ‘‘(a) SECURING THE CITIES.—The Director of the 

21 Domestic Nuclear Detection Office shall establish and 

22 maintain a multilayered system of detection technologies, 

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1 clear attack in high-risk United States cities, as deter2 mined by the Secretary. 

3 ‘‘(b) SURGE CAPABILITIES.—The Director shall de4 velop a surge capability for radiological and nuclear detec5 tion systems that can be deployed within the United States 

6 rapidly in response to actionable intelligence or warnings, 

7 and includes procurement of appropriate technology, 

8 training, and exercises. 

9 ‘‘(c) INTEGRATION.—The programs under sub10 sections (a) and (b) shall be integrated into the Global 

11 Nuclear Detection Architecture and shall inform architec12 ture studies, technology gaps, and research activities of 

13 the Domestic Nuclear Detection Office. 

14 ‘‘Subtitle C—Response 

15 ‘‘SEC. 2131. FIRST RESPONDER GUIDANCE CONCERNING 

16 CHEMICAL, BIOLOGICAL, RADIOLOGICAL, 

17 AND NUCLEAR ATTACKS. 

18 ‘‘(a) ESTABLISHMENT OF VOLUNTARY GUIDANCE.— 

19 Not later than 1 year after the date of the enactment of 

20 this section, the Secretary, in coordination with the Sec21 retary of Health and Human Services, the Secretary of 

22 Agriculture, the Administrator of the Environmental Pro23 tection Agency, the Attorney General, and the heads of 

24 other Federal departments and agencies, as appropriate, 

25 shall— 


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1 ‘‘(1) develop for police, fire, emergency medical 

2 services, emergency management, and medical and 

3 public health personnel, voluntary guidance for re4 sponding to a release of chemical, biological, radio5 logical, and nuclear material; 

6 ‘‘(2) make such guidance available to State, 

7 local, and tribal authorities, including primary and 

8 secondary schools and other educational institutions, 

9 nongovernmental organizations, the private sector, 

10 and the public; and 

11 ‘‘(3) in developing the guidance under para12 graph (1)— 

13 ‘‘(A) review the experiences of other coun14 tries and the expertise of academic institutions 

15 and nongovernmental organizations; and 

16 ‘‘(B) consider the unique needs of children 

17 and other vulnerable populations. 

18 ‘‘(b) CONTENTS.—The guidance developed under 

19 subsection (a)(1) shall be voluntary, risk-based guidance 

20 that shall include— 

21 ‘‘(1) protective action guidance for ensuring the 

22 security, health, and safety of emergency response 

23 providers and their families and household contacts; 


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1 ‘‘(2) specific information regarding the effects 

2 of the chemical, biological, radiological, or nuclear 

3 material on those exposed to the agent; and 

4 ‘‘(3) best practices for emergency response pro5 viders to effectively diagnose, handle, and otherwise 

6 manage individuals affected by an incident involving 

7 chemical, biological, radiological, or nuclear material. 

8 ‘‘(c) REVIEW AND REVISION OF GUIDANCE.—The 

9 Secretary shall— 

10 ‘‘(1) review the guidance developed under sub11 section (a)(1) at least once every 2 years; 

12 ‘‘(2) make revisions to the guidance as appro13 priate; and 

14 ‘‘(3) make any revised guidance available to 

15 State, local, and tribal authorities, nongovernmental 

16 organizations, the private sector, and the public. 

17 ‘‘(d) PROCEDURES FOR DEVELOPING AND REVISING

18 GUIDANCE.—In carrying out the requirements of this sec19 tion, the Secretary shall establish procedures to— 

20 ‘‘(1) enable members of the first responder and 

21 first provider community to submit recommendations 

22 of areas in which guidance is needed and could be 

23 developed under subsection (a)(1); 

24 ‘‘(2) determine which entities should be con25 sulted in developing or revising the guidance; 


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1 ‘‘(3) prioritize, on a regular basis, guidance 

2 that should be developed or revised; and 

3 ‘‘(4) develop and disseminate the guidance in 

4 accordance with the prioritization under paragraph 

5 (3). 

6 ‘‘SEC. 2132. INTEGRATED PLUME MODELING FOR COLLEC7 TIVE RESPONSE. 

8 ‘‘(a) DEVELOPMENT.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall ac10 quire, use, and disseminate the best available inte11 grated plume models to enable rapid response activi12 ties following a chemical, biological, nuclear, or radi13 ological attack or event. 

14 ‘‘(2) SCOPE.—The Secretary shall— 

15 ‘‘(A) identify Federal, State, and local 

16 needs regarding plume models and ensure the 

17 rapid development and distribution of inte18 grated plume models that meet those needs to 

19 appropriate officials of the Federal Government 

20 and State, local, and tribal authorities to enable 

21 immediate response to a chemical, biological, 

22 radiological, or nuclear attack or event; 

23 ‘‘(B) establish mechanisms for dissemina24 tion by appropriate emergency response officials 

25 of the integrated plume models described in 


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1 paragraph (1) to nongovernmental organiza2 tions and the public to enable appropriate col3 lective response activities; 

4 ‘‘(C) ensure that guidance and training in 

5 how to appropriately use such models are pro6 vided; and 

7 ‘‘(D) ensure that lessons learned from as8 sessing the development and dissemination of 

9 integrated plume models during exercises ad10 ministered by the Department are put into the 

11 lessons learned information sharing system 

12 maintained by the Department. 

13 ‘‘(b) DEFINITIONS.—For purposes of this section: 

14 ‘‘(1) The term ‘plume model’ means the assess15 ment of the location and prediction of the spread of 

16 agents following a chemical, biological, radiological, 

17 or nuclear attack or event. 

18 ‘‘(2) The term ‘integrated plume model’ means 

19 a plume model that integrates protective action guid20 ance and other information as the Secretary deter21 mines appropriate. 


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1 ‘‘SEC. 2133. ESTABLISHMENT OF THE SYSTEM ASSESSMENT 

2 AND VALIDATION FOR EMERGENCY RE3 SPONDERS (SAVER) PROGRAM. 

4 ‘‘The Secretary shall carry out a program for system 

5 assessment and validation of emergency response equip6 ment at the Department, to be known as the ‘SAVER Pro7 gram’. The Secretary shall ensure that such program— 

8 ‘‘(1) conducts objective, impartial, practitioner9 relevant, and operationally oriented assessments and 

10 validations of commercial emergency responder 

11 equipment and systems, including hand-held detec12 tors for chemical, biological, radiological, and nu13 clear agents; 

14 ‘‘(2) prioritizes such evaluation based on the 

15 technical results obtained from the program estab16 lished under section 2123, if available; 

17 ‘‘(3) is supported by a network of scientists 

18 who, in coordination with subject matter experts, 

19 perform the assessment and validation activities 

20 using strict scientific and testing protocols; 

21 ‘‘(4) provides results along with other relevant 

22 equipment information to the emergency response 

23 provider community in an operationally useful form; 

24 ‘‘(5) provides information on equipment that 

25 falls within the categories listed in the Department’s 

26 authorized equipment list; 


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1 ‘‘(6) provides information that enables decision2 makers and responders to better select, procure, use, 

3 and maintain emergency responder equipment; and 

4 ‘‘(7) shares such information nationally with 

5 the emergency response provider community. 

6 ‘‘SEC. 2134. PAYMENT FOR LABORATORY RESPONSE SERV7 ICES. 

8 ‘‘In carrying out their functions, responsibilities, au9 thorities, and duties to counter biological terrorism, the 

10 Secretary, the Attorney General, and the heads of other 

11 participating Federal agencies are authorized, subject to 

12 the availability of appropriations, to enter into contracts 

13 with laboratories that comprise the Laboratory Response 

14 Network for Biological Terrorism and other federally 

15 networked laboratories that agree to participate in such 

16 a contract, for the provision of laboratory testing services 

17 on a fee-for-service basis or on a prepayment or other 

18 similar basis. Prior to entering into such a contract with 

19 any laboratory in the Laboratory Response Network for 

20 Biological Terrorism, the Secretary, the Attorney General, 

21 or the head of any other participating Federal agency shall 

22 inform the Centers for Disease Control and Prevention. 

23 ‘‘SEC. 2135. BIOFORENSICS CAPABILITIES. 

24 ‘‘(a) BIOFORENSICS ANALYSIS CENTER.—There is 

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1 ter to provide support for law enforcement and intel2 ligence-related investigations and actions to— 

3 ‘‘(1) provide definitive bioforensics analysis in 

4 support of the executive agencies with primary re5 sponsibilities for preventing, deterring, responding 

6 to, attributing, and recovering from biological at7 tacks; and 

8 ‘‘(2) undertake other related bioforensics activi9 ties. 

10 ‘‘(b) PAYMENT FOR SERVICES.—The center shall 

11 charge and retain fees to reimburse the cost of any service 

12 provided to an executive agency that requested such serv13 ice. 

14 ‘‘(c) DETAILEE PROGRAM.—Subject to the avail15 ability of appropriations, the Secretary may implement a 

16 program under which executive agencies as considered ap17 propriate by the Secretary provide personnel, on a reim18 bursable basis, to the center for the purpose of— 

19 ‘‘(1) providing training and other educational 

20 benefits for such stakeholders to help them to better 

21 understand the policies, procedures, and laws gov22 erning national bioforensics activities; and 

23 ‘‘(2) bolstering the capabilities and information 

24 sharing activities of the bioforensics analysis center 


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1 authorized under subsection (a) with national bio2 security and biodefense stakeholders. 

3 ‘‘SEC. 2136. METROPOLITAN MEDICAL RESPONSE SYSTEM 

4 PROGRAM. 

5 ‘‘(a) IN GENERAL.—The Secretary shall conduct a 

6 Metropolitan Medical Response System Program, that 

7 shall assist State and local governments in preparing for 

8 and responding to public health and mass casualty inci9 dents resulting from acts of terrorism, natural disasters, 

10 and other man-made disasters. 

11 ‘‘(b) FINANCIAL ASSISTANCE.— 

12 ‘‘(1) AUTHORIZATION OF GRANTS.— 

13 ‘‘(A) IN GENERAL.—The Secretary, 

14 through the Administrator of the Federal 

15 Emergency Management Agency, may make 

16 grants under this section to State and local gov17 ernments to assist in preparing for and re18 sponding to mass casualty incidents resulting 

19 from acts of terrorism, natural disasters, and 

20 other man-made disasters. 

21 ‘‘(B) CONSULTATION.—In developing guid22 ance for grants authorized under this section, 

23 the Administrator shall consult with the Chief 

24 Medical Officer. 


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1 ‘‘(2) USE OF FUNDS.—A grant made under this 

2 section may be used to support the integration of 

3 emergency management, health, and medical sys4 tems into a coordinated response to mass casualty 

5 incidents caused by any hazard, including— 

6 ‘‘(A) to strengthen medical surge capacity; 

7 ‘‘(B) to strengthen mass prophylaxis capa8 bilities including development and maintenance 

9 of an initial pharmaceutical stockpile sufficient 

10 to protect first responders, their families, and 

11 immediate victims from a chemical or biological 

12 event, including the procurement of home med13 ical kits that are approved pursuant to the Fed14 eral Food, Drug, and Cosmetic Act (21 U.S.C. 

15 301 et seq.) or the Public Health Service Act 

16 (42 U.S.C. 201 et seq.), as applicable; 

17 ‘‘(C) to strengthen chemical, biological, ra18 diological, nuclear, and explosive detection, re19 sponse, and decontamination capabilities; 

20 ‘‘(D) to develop and maintain mass triage 

21 and pre-hospital treatment plans and capabili22 ties; 

23 ‘‘(E) for planning; 

24 ‘‘(F) to support efforts to strengthen infor25 mation sharing and collaboration capabilities of 


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1 regional, State, and urban areas in support of 

2 public health and medical preparedness; 

3 ‘‘(G) for medical supplies management and 

4 distribution; 

5 ‘‘(H) for training and exercises; 

6 ‘‘(I) for integration and coordination of the 

7 activities and capabilities of public health per8 sonnel and medical care providers with those of 

9 other emergency response providers as well as 

10 other Federal agencies, the private sector, and 

11 nonprofit organizations, for the forward move12 ment of patients; and 

13 ‘‘(J) for such other activities as the Ad14 ministrator provides. 

15 ‘‘(3) ELIGIBILITY.— 

16 ‘‘(A) IN GENERAL.—Except as provided in 

17 subparagraph (C), any jurisdiction that received 

18 funds through the Metropolitan Medical Re19 sponse System Program in fiscal year 2009 

20 shall be eligible to receive a grant under this 

21 section. 

22 ‘‘(B) ADDITIONAL JURISDICTIONS.— 

23 ‘‘(i) UNREPRESENTED STATES.— 

24 ‘‘(I) IN GENERAL.—Except as 

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1 ministrator may make grants under 

2 this section to the metropolitan statis3 tical area with the largest population 

4 in any State in which no jurisdiction 

5 received funds through the Metropoli6 tan Medical Response Program in fis7 cal year 2009, or in which funding 

8 was received only through another 

9 State. 

10 ‘‘(II) LIMITATION.—For each of 

11 fiscal years 2014 through 2016, no 

12 jurisdiction that would otherwise be 

13 eligible to receive grants under sub14 clause (I) shall receive a grant under 

15 this section if it would result in any 

16 jurisdiction under subparagraph (A) 

17 receiving less funding than such juris18 diction received in fiscal year 2009. 

19 ‘‘(ii) OTHER JURISDICTIONS.— 

20 ‘‘(I) IN GENERAL.—Subject to 

21 subparagraph (C), the Administrator 

22 may determine that additional juris23 dictions are eligible to receive grants 

24 under this section. 


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1 ‘‘(II) LIMITATION.—For each of 

2 fiscal years 2014 through 2016, the 

3 eligibility of any additional jurisdic4 tion to receive grants under this sec5 tion is subject to the availability of 

6 appropriations beyond that necessary 

7 to— 

8 ‘‘(aa) ensure that each juris9 diction eligible to receive a grant 

10 under subparagraph (A) does not 

11 receive less funding than such ju12 risdiction received in fiscal year 

13 2009; and 

14 ‘‘(bb) provide grants to ju15 risdictions eligible under clause 

16 (i). 

17 ‘‘(4) DISTRIBUTION OF FUNDS.— 

18 ‘‘(A) IN GENERAL.—The Administrator 

19 shall distribute grant funds under this section 

20 to the State in which the jurisdiction receiving 

21 a grant under this section is located. 

22 ‘‘(B) PASS THROUGH.—Subject to sub23 paragraph (C), not later than 45 days after the 

24 date on which a State receives grant funds 

25 under subparagraph (A), the State shall provide 


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1 the jurisdiction receiving the grant 100 percent 

2 of the grant funds, and not later than 45 days 

3 after the State releases the funds, all fiscal 

4 agents shall make the grant funds available for 

5 expenditure. 

6 ‘‘(C) EXCEPTION.—The Administrator 

7 may permit a State to provide to a jurisdiction 

8 receiving a grant under this section 97 percent 

9 of the grant funds awarded if doing so would 

10 not result in any jurisdiction eligible for a grant 

11 under paragraph (3)(A) receiving less funding 

12 than such jurisdiction received in fiscal year 

13 2009. 

14 ‘‘(5) REGIONAL COORDINATION.—The Adminis15 trator shall ensure that each jurisdiction that re16 ceives a grant under this section, as a condition of 

17 receiving such grant, is actively coordinating its pre18 paredness efforts with surrounding jurisdictions, 

19 with the official with primary responsibility for 

20 homeland security (other than the Governor) of the 

21 government of the State in which the jurisdiction is 

22 located, and with emergency response providers from 

23 all relevant disciplines, as determined by the Admin24 istrator, to effectively enhance regional prepared25 ness. 


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1 ‘‘(c) PERFORMANCE MEASURES.—The Administrator 

2 of the Federal Emergency Management Agency, in coordi3 nation with the Chief Medical Officer, and the National 

4 Metropolitan Medical Response System Working Group, 

5 shall issue performance measures within 1 year after the 

6 date of enactment of this section that enable objective 

7 evaluation of the performance and effective use of funds 

8 provided under this section in any jurisdiction. 

9 ‘‘(d) METROPOLITAN MEDICAL RESPONSE SYSTEM

10 WORKING GROUP DEFINED.—In this section, the term 

11 ‘National Metropolitan Medical Response System Working 

12 Group’ means— 

13 ‘‘(1) 10 Metropolitan Medical Response System 

14 Program grant managers, who shall— 

15 ‘‘(A) include 1 such grant manager from 

16 each region of the Agency; 

17 ‘‘(B) comprise a population-based cross 

18 section of jurisdictions that are receiving grant 

19 funds under the Metropolitan Medical Response 

20 System Program; and 

21 ‘‘(C) include— 

22 ‘‘(i) 3 selected by the Administrator of 

23 the Federal Emergency Management 

24 Agency; and 


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1 ‘‘(ii) 3 selected by the Chief Medical 

2 Officer; and 

3 ‘‘(2) 3 State officials who are responsible for 

4 administration of State programs that are carried 

5 out with grants under this section, who shall be se6 lected by the Administrator. 

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

8 is authorized to be appropriated $42,000,000 to carry out 

9 the program for each of fiscal years 2014 through 2018. 

10 ‘‘Subtitle D—Recovery 

11 ‘‘SEC. 2141. IDENTIFYING AND ADDRESSING GAPS IN RE12 COVERY CAPABILITIES. 

13 ‘‘(a) RISK ASSESSMENT.— 

14 ‘‘(1) TAILORED RISK ASSESSMENT.—The Sec15 retary, acting through the Under Secretary for 

16 Science and Technology and in coordination with the 

17 Administrator of the Environmental Protection 

18 Agency, shall conduct tailored risk assessments to 

19 inform prioritization of national recovery activities 

20 for chemical, biological, radiological, and nuclear in21 cidents, to be updated as necessary. 

22 ‘‘(2) CONSIDERATIONS.—In conducting the risk 

23 assessments under paragraph (1), the Secretary 

24 shall— 


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1 ‘‘(A) consult with the Secretary of Health 

2 and Human Services, the Secretary of Agri3 culture, the Secretary of the Interior, the Chair4 man of the Nuclear Regulatory Commission, 

5 and the heads of other relevant Federal depart6 ments and agencies; 

7 ‘‘(B) consider recovery of both indoor 

8 areas and outdoor environments; and 

9 ‘‘(C) consider relevant studies previously 

10 prepared by other Federal agencies, or other 

11 appropriate stakeholders. 

12 ‘‘(3) COLLABORATION.—Upon completion of the 

13 risk assessments required by this section, the Sec14 retary shall provide the findings to the Adminis15 trator of the Environmental Protection Agency and 

16 heads of other relevant Federal agencies in order to 

17 inform ongoing and future work, including research 

18 and guidance development, undertaken by those 

19 agencies in recovery and remediation from chemical, 

20 biological, radiological, or nuclear incidents. 

21 ‘‘(b) RESEARCH.—The results of the risk assessment 

22 under this section shall inform appropriate Federal re23 search to address the high-risk capability gaps uncovered 

24 by each assessment. 


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1 ‘‘(c) SUBMISSION TO CONGRESS.—The results of 

2 each risk assessment shall be submitted to the appropriate 

3 congressional committees within 30 days after completion 

4 of the assessment. 

5 ‘‘SEC. 2142. RECOVERY FROM A CHEMICAL, BIOLOGICAL, 

6 RADIOLOGICAL, AND NUCLEAR ATTACK OR 

7 INCIDENT. 

8 ‘‘(a) ESTABLISHMENT OF GUIDANCE.—The Sec9 retary shall develop and issue guidance for clean-up and 

10 restoration of indoor and outdoor areas, including subways 

11 and other mass transportation facilities, that have been 

12 exposed to chemical, biological, radiological, or nuclear 

13 materials. The Secretary shall develop and issue the guid14 ance, within 24 months after the date of enactment of this 

15 section, in consultation with— 

16 ‘‘(1) the Secretary of Agriculture; 

17 ‘‘(2) the Secretary of Commerce; 

18 ‘‘(3) the Secretary of Education; 

19 ‘‘(4) the Secretary of the Interior; 

20 ‘‘(5) the Attorney General; 

21 ‘‘(6) the Secretary of Labor; 

22 ‘‘(7) the Secretary of Transportation; 

23 ‘‘(8) the Secretary of Housing and Urban De24 velopment; 


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1 ‘‘(9) the Secretary of Health and Human Serv2 ices; 

3 ‘‘(10) the Secretary of Veterans Affairs; 

4 ‘‘(11) the Secretary of the Treasury; 

5 ‘‘(12) the Administrator of the Environmental 

6 Protection Agency; and 

7 ‘‘(13) the Administrator of the Small Business 

8 Administration. 

9 ‘‘(b) CONTENTS.—The guidance developed under 

10 subsection (a) shall clarify Federal roles and responsibil11 ities for assisting State, local, and tribal authorities and 

12 include risk-based recommendations for— 

13 ‘‘(1) standards for effective decontamination of 

14 affected sites; 

15 ‘‘(2) standards for safe post-event occupancy of 

16 affected sites, including for vulnerable populations 

17 such as children and individuals with health con18 cerns; 

19 ‘‘(3) requirements to ensure that the decon20 tamination procedures for responding organizations 

21 do not conflict; 

22 ‘‘(4) requirements that each responding organi23 zation uses a uniform system for tracking costs and 

24 performance of clean-up contractors; 


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1 ‘‘(5) maintenance of negative air pressure in 

2 buildings; 

3 ‘‘(6) standards for proper selection and use of 

4 personal protective equipment; 

5 ‘‘(7) air sampling procedures; 

6 ‘‘(8) development of occupational health and 

7 safety plans that are appropriate for the specific risk 

8 to responder health; and 

9 ‘‘(9) waste disposal. 

10 ‘‘(c) REVIEW AND REVISION OF GUIDANCE.—The 

11 Secretary shall— 

12 ‘‘(1) not less frequently than once every 2 

13 years, review the guidance developed under sub14 section (a); 

15 ‘‘(2) make revisions to the guidance as appro16 priate; and 

17 ‘‘(3) make the revised guidance available to the 

18 Federal Government, State, local, and tribal authori19 ties, nongovernmental organizations, the private sec20 tor, and the public. 

21 ‘‘(d) PROCEDURES FOR DEVELOPING AND REVISING

22 GUIDANCE.—In carrying out the requirements of this sec23 tion, the Secretary shall establish procedures to— 


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1 ‘‘(1) prioritize issuance of guidance based on 

2 the results of the risk assessment under section 

3 2131; 

4 ‘‘(2) inventory existing relevant guidance; 

5 ‘‘(3) enable the public to submit recommenda6 tions of areas in which guidance is needed; 

7 ‘‘(4) determine which entities should be con8 sulted in developing or revising the guidance; 

9 ‘‘(5) prioritize, on a regular basis, guidance 

10 that should be developed or revised; and 

11 ‘‘(6) develop and disseminate the guidance in 

12 accordance with the prioritization under paragraph 

13 (5). 

14 ‘‘(e) CONSULTATIONS.—The Secretary shall develop 

15 and revise the guidance developed under subsection (a), 

16 and the procedures required under subsection (d), in con17 sultation with— 

18 ‘‘(1) the heads of other Federal departments 

19 and agencies that are not required to be consulted 

20 under subsection (a), as the Secretary considers ap21 propriate; 

22 ‘‘(2) State, local, and tribal authorities; and 

23 ‘‘(3) nongovernmental organizations and private 

24 industry. 


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

2 of the enactment of this section, and annually thereafter, 

3 the Secretary shall provide appropriate congressional com4 mittees with— 

5 ‘‘(1) a description of the procedures established 

6 under subsection (d); 

7 ‘‘(2) any guidance in effect on the date of the 

8 report; 

9 ‘‘(3) a list of entities to which the guidance de10 scribed in paragraph (2) was disseminated; 

11 ‘‘(4) a plan for reviewing the guidance de12 scribed in paragraph (2), in accordance with sub13 section (e); 

14 ‘‘(5) the prioritized list of the guidance required 

15 under subsection (d)(4), and the methodology used 

16 by the Secretary for such prioritization; and 

17 ‘‘(6) a plan for developing, revising, and dis18 seminating the guidance. 

19 ‘‘SEC. 2143. EXERCISES. 

20 ‘‘(a) IN GENERAL.—To facilitate recovery from a 

21 chemical, biological, radiological, or nuclear attack or 

22 other incident involving chemical, biological, radiological, 

23 or nuclear materials and to foster collective response to 

24 terrorism, the Secretary shall develop exercises in con25 sultation with State, local, and tribal authorities and other 


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1 appropriate Federal agencies, and, as appropriate, in col2 laboration with national level exercises, including exercises 

3 that address, to the best knowledge available at the time, 

4 analysis, indoor environmental cleanup methods, and de5 contamination standards, including those published in the 

6 guidance issued under section 2142. 

7 ‘‘(b) LESSONS LEARNED FOR NATIONAL LEVEL EX8 ERCISES.—The Secretary shall provide electronically, to 

9 the maximum extent practicable, lessons learned reports 

10 to each designated representative of State, local, and tribal 

11 jurisdictions and private sector entities that participate in 

12 National Level Exercises of the Department. Each lessons 

13 learned report shall be tailored to convey information on 

14 that exercise that could be leveraged to enhance prepared15 ness and response.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 in section 1(b) of such Act is amended by adding at the 

18 end the following new items: 

‘‘TITLE XXI—WEAPONS OF MASS DESTRUCTION PREVENTION 

AND PREPAREDNESS 

‘‘Subtitle A—Prevention 

‘‘Sec. 2101. Weapons of mass destruction intelligence and information sharing. 

‘‘Sec. 2102. Risk assessments. 

‘‘Sec. 2103. National Export Enforcement Coordination. 

‘‘Sec. 2104. Communication of threat information. 

‘‘Sec. 2105. Individual and community preparedness for chemical, biological, 

radiological, and nuclear attacks. 

‘‘Subtitle B—Protection 

‘‘Sec. 2121. Detection of biological attacks. 

‘‘Sec. 2122. Rapid biological threat detection and identification at ports of 

entry. 


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‘‘Sec. 2123. Evaluating detection technology. 

‘‘Sec. 2124. Domestic implementation of the Global Nuclear Detection Architecture. 

‘‘Subtitle C—Response 

‘‘Sec. 2131. First responder guidance concerning chemical, biological, radiological, and nuclear attacks. 

‘‘Sec. 2132. Integrated plume modeling for collective response. 

‘‘Sec. 2133. Establishment of the system assessment and validation for emergency responders (SAVER) program. 

‘‘Sec. 2134. Payment for laboratory response services. 

‘‘Sec. 2135. Bioforensics capabilities. 

‘‘Sec. 2136. Metropolitan Medical Response System Program. 

‘‘Subtitle D—Recovery 

‘‘Sec. 2141. Identifying and addressing gaps in recovery capabilities. 

‘‘Sec. 2142. Recovery from a chemical, biological, radiological, and nuclear attack or incident. 

‘‘Sec. 2143. Exercises.’’. 

1 (c) CONFORMING AMENDMENT.—Section 316 of the 

2 Homeland Security Act of 2002 (6 U.S.C. 195b), and the 

3 item relating to such section in section 1(b) of such Act, 

4 are repealed. 

5 (d) METROPOLITAN MEDICAL RESPONSE PROGRAM

6 REVIEW.— 

7 (1) IN GENERAL.—The Administrator of the 

8 Federal Emergency Management Agency, the Chief 

9 Medical Officer of the Department of Homeland Se10 curity, and the National Metropolitan Medical Re11 sponse System Working Group shall conduct a re12 view of the Metropolitan Medical Response System 

13 Program authorized under section 2136 of the 

14 Homeland Security Act of 2002, as added by this 

15 section, including an examination of— 


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1 (A) the extent to which the program goals 

2 and objectives are being met; 

3 (B) the performance metrics that can best 

4 help assess whether the Metropolitan Medical 

5 Response System Program is succeeding; 

6 (C) how the Metropolitan Medical Re7 sponse System Program can be improved; 

8 (D) how the Metropolitan Medical Re9 sponse System Program complements and en10 hances other preparedness programs supported 

11 by the Department of Homeland Security and 

12 the Department of Health and Human Services; 

13 (E) the degree to which the strategic goals, 

14 objectives, and capabilities of the Metropolitan 

15 Medical Response System Program are incor16 porated in State and local homeland security 

17 plans; 

18 (F) how eligibility for financial assistance, 

19 and the allocation of financial assistance, under 

20 the Metropolitan Medical Response System Pro21 gram should be determined, including how allo22 cation of assistance could be based on risk; 

23 (G) implications for the Metropolitan Med24 ical Response System Program if it were man25 aged as a contractual agreement; and 


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1 (H) the resource requirements of the Met2 ropolitan Medical Response System Program. 

3 (2) REPORT.—Not later than 1 year after the 

4 date of enactment of this Act, the Administrator and 

5 the Chief Medical Officer shall submit to the Com6 mittee on Homeland Security of the House of Rep7 resentatives and the Committee on Homeland Secu8 rity and Governmental Affairs of the Senate a report 

9 on the results of the review under this section. 

10 (3) CONSULTATION.—The Administrator of the 

11 Federal Emergency Management Agency shall con12 sult with the Secretary of Health and Human Serv13 ices in the implementation of paragraph (1)(E). 

14 (4) DEFINITION.—In this subsection the term 

15 ‘‘National Metropolitan Medical Response System 

16 Working Group’’ has the meaning that term has in 

17 section 2136 of the Homeland Security Act of 2002, 

18 as added by this section. 

19 SEC. 302. ENHANCING LABORATORY BIOSECURITY. 

20 (a) FEDERAL EXPERTS SECURITY ADVISORY

21 PANEL.— 

22 (1) PANEL.— 

23 (A) ESTABLISHMENT.—The President 

24 shall establish a permanent advisory panel to be 

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1 sory Panel to make technical and substantive 

2 recommendations on biological agent and toxin 

3 security. 

4 (B) MEMBERSHIP.—The members of the 

5 Panel— 

6 (i) shall consist of the voting members 

7 appointed under subparagraph (D) and the 

8 nonvoting members appointed under sub9 paragraph (E); and 

10 (ii) except as provided in subpara11 graph (E), shall each be an official or em12 ployee of the Federal Government. 

13 (C) CO-CHAIRS.—The voting members of 

14 the Panel appointed under clauses (i), (v), and 

15 (vi) of subparagraph (D) shall serve jointly as 

16 the Co-Chairs of the Panel. 

17 (D) VOTING MEMBERS.—The voting mem18 bers of the Panel shall consist of 1 voting rep19 resentative of each of the following Government 

20 entities, appointed (except with respect to the 

21 National Security Council) by the head of the 

22 respective entity: 

23 (i) The Department of Agriculture. 

24 (ii) The Department of Commerce. 

25 (iii) The Department of Defense. 


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1 (iv) The Department of Energy. 

2 (v) The Department of Health and 

3 Human Services. 

4 (vi) The Department of Homeland Se5 curity. 

6 (vii) The Department of Justice. 

7 (viii) The Department of Labor. 

8 (ix) The Department of State. 

9 (x) The Department of Transpor10 tation. 

11 (xi) The Department of Veterans Af12 fairs. 

13 (xii) The Environmental Protection 

14 Agency. 

15 (xiii) The National Security Council, 

16 which shall be represented by the Special 

17 Assistant to the President for Biodefense. 

18 (xiv) The Office of the Director of 

19 National Intelligence. 

20 (xv) Any other department or agency 

21 designated by the Co-Chairs. 

22 (E) NONVOTING MEMBERS.—The non23 voting members of the Panel shall consist of— 

24 (i) such additional representatives of 

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1 graph (D) as may be appointed by the 

2 heads of the respective entities; and 

3 (ii) a representative of the public 

4 health laboratory community or biological 

5 laboratory community (or both). 

6 (F) ADMINISTRATIVE SUPPORT.—The Sec7 retary of Health and Human Services shall pro8 vide to the Panel such facilities, staff, and sup9 port services as may be necessary for the Panel 

10 to carry out its responsibilities under paragraph 

11 (2). 

12 (2) RESPONSIBILITIES.—Not later than 6 

13 months after the date of the enactment of this sec14 tion, the Panel shall, with respect to biological agent 

15 and toxin security, deliver to the Secretaries of Agri16 culture, Health and Human Services, and Homeland 

17 Security plurality recommendations, including any 

18 statements of dissent, concerning— 

19 (A) the designation as highest risk of that 

20 subset of biological agents and toxins listed pur21 suant to section 351A(a)(1) of the Public 

22 Health Service Act (42 U.S.C. 262a(a)(1)) that 

23 presents the greatest risk of deliberate misuse 

24 with significant potential for mass casualties or 


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1 devastating effects to the economy, informed 

2 by— 

3 (i) any biological or bioterrorism risk 

4 assessments conducted by the Department 

5 of Homeland Security and relevant assess6 ments by other agencies; and 

7 (ii) determinations made by the Sec8 retary of Homeland Security pursuant to 

9 section 319F–2(c)(2)(A) of such Act (42 

10 U.S.C. 247d–6b(c)(2)(A)); 

11 (B) the development of a set of minimum 

12 risk-based prescriptive laboratory security per13 formance standards based on the risk at the 

14 lowest level, allowing for enhancements as risk 

15 increases; 

16 (C) the establishment of appropriate stand17 ards and practices to improve vetting and moni18 toring of, and ensure reliability of, personnel 

19 with access to highest risk biological agents and 

20 toxins at facilities registered under section 

21 351A(d) of the Public Health Service Act (42 

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

23 (D) the establishment of appropriate prac24 tices for physical security and cyber security for 


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1 facilities that possess highest risk biological 

2 agents or toxins; 

3 (E) standards for training of laboratory 

4 personnel in security measures; 

5 (F) other emerging policy issues relevant 

6 to the security of biological agents and toxins; 

7 (G) adequacy of information sharing proto8 cols with biodefense and biosecurity stake9 holders; and 

10 (H) any other security standards deter11 mined necessary. 

12 (b) REVISION OF RULES AND REGULATIONS.— 

13 (1) PROPOSED RULES.—The Secretaries of 

14 Health and Human Services and Agriculture, in co15 ordination with the Secretary of Homeland Security, 

16 no later than 1 year after the date of receipt of rec17 ommendations under subsection (a)(2), shall, as ap18 propriate, propose rules under section 351A of the 

19 Public Health Service Act (42 U.S.C. 262a) estab20 lishing security standards and procedures that are 

21 specific to highest risk biological agents and toxins. 

22 (2) FINAL RULES.—The Secretaries of Health 

23 and Human Services and Agriculture, in coordina24 tion with the Secretary of Homeland Security, no 

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1 ment of this section, shall promulgate final rules de2 scribed in paragraph (1). 

3 (c) COORDINATION OF FEDERAL OVERSIGHT.—To 

4 ensure that the Federal Government provides for com5 prehensive and effective oversight of biological agents and 

6 toxins security, the heads of the Government entities listed 

7 in subsection (a)(1)(D) shall for facilities in which the en8 tity supports biological agent or toxin laboratory activities 

9 and by no later than 6 months after the submission of 

10 recommendations under subsection (a)(2), develop and im11 plement a plan for the coordination of biological agents 

12 and toxins security oversight that— 

13 (1) articulates a mechanism for coordinated in14 spections of and harmonized administrative practices 

15 for facilities registered under section 351A(d) of the 

16 Public Health Service Act (42 U.S.C. 262a(d)), pur17 suant to subsection (d) of this section; and 

18 (2) ensures consistent and timely identification 

19 and resolution of biological agents and toxins secu20 rity and compliance issues. 

21 (d) COMMON INSPECTION PROCEDURES.—The heads 

22 of the entities listed in subsection (a)(1)(D) shall coordi23 nate or consolidate laboratory inspections and ensure that 

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1 spection procedures across such entities in order to mini2 mize the administrative burden on such laboratory. 

3 (e) INSPECTION REPORTS.—Any inspection report 

4 resulting from an inspection described in paragraph (1) 

5 shall be available to— 

6 (1) each Federal agency that supports biological 

7 agent or toxin laboratory activities at the laboratory 

8 that is the subject of the inspection report; and 

9 (2) the laboratories that are the object of in10 spection. 

11 (f) LABORATORY BIOSECURITY INFORMATION SHAR12 ING.— 

13 (1) FEDERAL SHARING.—The Secretaries of 

14 Health and Human Services and Agriculture shall— 

15 (A) develop a process for sharing of infor16 mation pertaining to biological agents and tox17 ins with agencies that support biological agent 

18 or toxin laboratory activities, that identifies the 

19 purpose for sharing, and a mechanism for se20 curing, such information; 

21 (B) share relevant information pertaining 

22 to biological agents and toxins, including identi23 fication of laboratories possessing highest risk 

24 biological agents and toxins, and compliance 


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1 issues with the Secretary of Homeland Security; 

2 and 

3 (C) share relevant information pertaining 

4 to biological agents and toxins, including identi5 fication of laboratories possessing highest risk 

6 biological agents and toxins, with appropriate 

7 State, local, and tribal government authorities, 

8 including law enforcement authorities and 

9 emergency response providers. 

10 (2) CLASSIFIED AND SENSITIVE INFORMA11 TION.—The Secretaries of Agriculture and Health 

12 and Human Services shall ensure that any informa13 tion disseminated under this section is handled con14 sistently with— 

15 (A) the authority of the Director of Na16 tional Intelligence to protect intelligence sources 

17 and methods under the National Security Act 

18 of 1947 (50 U.S.C. 401 et seq.) and related 

19 procedures or similar authorities of the Attor20 ney General concerning sensitive law enforce21 ment information; 

22 (B) section 552a of title 5, United States 

23 Code (commonly referred to as the ‘‘Privacy 

24 Act of 1974’’); and 

25 (C) other relevant laws. 


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1 (g) DEFINITIONS.—In this section: 

2 (1) The terms ‘‘biological agent’’ and ‘‘toxin’’ 

3 refer to a biological agent or toxin, respectively, list4 ed pursuant to section 351A(a)(1) of the Public 

5 Health Service Act (42 U.S.C. 262(a)(1)). 

6 (2) The term ‘‘highest risk’’ means, with re7 spect to a biological agent or toxin, designated as 

8 highest risk as described in subsection (a)(2)(A). 

9 (3) The term ‘‘Panel’’ means the Federal Ex10 perts Security Advisory Panel under subsection (a). 

11 (4) The term ‘‘State, local, and tribal’’ has the 

12 same meaning that term has in the Homeland Secu13 rity Act of 2002 (6 U.S.C. 101 et seq.). 

14 SEC. 303. DEFINITIONS. 

15 Section 2 of the Homeland Security Act of 2002 (6 

16 U.S.C. 101) is amended by adding at the end the following 

17 new paragraphs: 

18 ‘‘(19) The term ‘Intelligence Community’ has 

19 the meaning given that term in section 3(4) of the 

20 National Security Act of 1947 (50 U.S.C. 401a(4)). 

21 ‘‘(20) The term ‘national biosecurity and bio22 defense stakeholders’ means officials from the Fed23 eral, State, local, and tribal authorities and individ24 uals from the private sector who are involved in ef25 forts to prevent, protect against, respond to, and reVerDate Mar 15 2010 06:00 Feb 15, 2014 Jkt 039200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H4034.IH H4034

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1 cover from a biological attack or other biological in2 cidents that may have serious health or economic 

3 consequences for the United States, including wide4 scale fatalities or infectious disease outbreaks.’’. 

5 SEC. 304. DUAL-USE TERRORIST RISKS FROM SYNTHETIC 

6 BIOLOGY. 

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that the field of synthetic biology has the potential 

9 to facilitate enormous gains in fundamental discovery, 

10 public health, and biotechnological applications, but that 

11 it also presents inherent dual-use homeland security risks 

12 that must be managed. 

13 (b) ASSESSMENT OF RISK.—Not less frequently than 

14 once every two years, the Secretary of Homeland Security, 

15 acting through the Under Secretary for Science and Tech16 nology, shall undertake a risk assessment of the dual-use 

17 and other risks associated with synthetic biology. 

18 (c) ESTABLISHMENT OF GUIDANCE.—Not later than 

19 six months after the date of the enactment of this Act, 

20 the Secretary shall develop and provide to the heads of 

21 all departments and agencies that fund life sciences re22 search, guidance on compliance with United States laws, 

23 arms control agreements to which the United States is a 

24 party or signatory, and individual department and agency 

25 policy, including consideration of— 


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1 (1) best practices for establishing a department 

2 or agency process that achieves compliance for de3 partment or agency research, development, or acqui4 sition projects in the life sciences; 

5 (2) the types of projects that should be as6 sessed; 

7 (3) at what stage or stages such projects should 

8 be assessed; and 

9 (4) means for preventing the release of home10 land or national security information. 

11 (d) RESEARCH AND DEVELOPMENT.—Based upon 

12 the findings of the risk assessment undertaken in accord13 ance with subsection (b), the Under Secretary may con14 duct research into the risks and ways to mitigate such 

15 risks of synthetic biology, including— 

16 (1) determining the current capability of syn17 thetic nucleic acid providers to effectively differen18 tiate a legitimate customer from a potential terrorist 

19 or other malicious actor; 

20 (2) determining the current capability of syn21 thetic nucleic acid providers to effectively screen or22 ders for sequences of homeland security concern; 

23 and 


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1 (3) making recommendations regarding screen2 ing software, protocols, and other remaining capa3 bility gaps uncovered by such risk assessment. 

4 SEC. 305. DISSEMINATION OF INFORMATION ANALYZED BY 

5 THE DEPARTMENT TO STATE, LOCAL, TRIB6 AL, AND PRIVATE ENTITIES WITH RESPON7 SIBILITIES RELATING TO HOMELAND SECU8 RITY. 

9 Section 201(d)(8) of the Homeland Security Act of 

10 2002 (6 U.S.C. 121(d)(8)) is amended by striking ‘‘and 

11 to agencies of State’’ and all that follows and inserting 

12 ‘‘to State, local, tribal, and private entities with such re13 sponsibilities, and, as appropriate, to the public, in order 

14 to assist in preventing, deterring, or responding to acts 

15 of terrorism against the United States.’’. 

16 TITLE IV—PUBLIC HEALTH 

17 MATTERS 

18 SEC. 401. SENSE OF CONGRESS REGARDING FEDERAL CO19 ORDINATION ON MEDICAL COUNTER20 MEASURES. 

21 It is the sense of Congress that— 

22 (1) 10 years after the terrorist attacks of Sep23 tember 11, 2001, and 7 years after enactment of the 

24 Project BioShield Act of 2004 (Public Law 108– 

25 276), coordination among Federal agencies involved 


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1 in activities relating to researching, developing, and 

2 acquiring medical countermeasures still needs im3 provement; and 

4 (2) aggressive action should be taken by the 

5 Department of Health and Human Services (in par6 ticular, the heads of the National Institutes of 

7 Health, the Biomedical Advanced Research and De8 velopment Authority, the Centers for Disease Con9 trol and Prevention, and the Food and Drug Admin10 istration), the Department of Homeland Security, 

11 and the Department of Defense to foster greater co12 ordination with respect to such activities, including 

13 adoption of an interagency agreement that sets forth 

14 the relative areas of responsibility with respect to es15 tablishing medical countermeasure requirements and 

16 researching, developing, and acquiring medical coun17 termeasures to meet those requirements. 

18 SEC. 402. NATIONAL MEDICAL COUNTERMEASURE DIS19 PENSING STRATEGY. 

20 Title III of the Public Health Service Act is amended 

21 by inserting after section 319F–4 (42 U.S.C. 247d–6e) 

22 the following: 

23 ‘‘SEC. 319F–5. NATIONAL MEDICAL COUNTERMEASURE DIS24 PENSING STRATEGY. 

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


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1 ‘‘(1) the term ‘dispense’ means to provide med2 ical countermeasures to an affected population in re3 sponse to a threat or incident; and 

4 ‘‘(2) the term ‘medical countermeasure’ means 

5 a qualified countermeasure (as defined in section 

6 319F–1(a)(2)). 

7 ‘‘(b) STRATEGY.— 

8 ‘‘(1) IN GENERAL.—The Secretary, in coordina9 tion with the Secretary of Homeland Security, the 

10 Secretary of Agriculture, and other appropriate Fed11 eral agencies, shall develop, implement, and, as ap12 propriate, periodically update a National Medical 

13 Countermeasure Dispensing Strategy to enhance 

14 preparedness and collective response to a terrorist 

15 attack on humans or animals with any chemical, bio16 logical, radiological, or nuclear material, that delin17 eates Federal, State, and local responsibilities. 

18 ‘‘(2) CONSIDERATIONS.—The strategy shall be 

19 sufficiently flexible to meet the unique needs of dif20 ferent communities, including first responders, and 

21 shall consider— 

22 ‘‘(A) a variety of options for dispensing 

23 medical countermeasures, including to individ24 uals, schools, universities, hospitals, and elderly 

25 care facilities; 


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1 ‘‘(B) post-incident requirements for emer2 gency use authorizations before counter3 measures can be distributed legally; 

4 ‘‘(C) the inclusion of locally held caches of 

5 countermeasures in event-specific authorizations 

6 covering federally held countermeasures of the 

7 same type; and 

8 ‘‘(D) distribution to the public of home 

9 medical kits for personal stockpiling purposes, 

10 within 30 days after a domestic or international 

11 bioterrorist attack resulting in human infection. 

12 ‘‘(c) COORDINATION.—The Secretary shall coordinate 

13 with the Administrator of the Federal Emergency Man14 agement Agency, State, local, and tribal authorities, rep15 resentatives from the private sector, and nongovernmental 

16 organizations on the National Medical Countermeasures 

17 Dispensing Strategy. 

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

19 of the enactment of this section, the Secretary shall sub20 mit the National Medical Countermeasures Dispensing 

21 Strategy to the appropriate congressional committees.’’. 

22 SEC. 403. NATIONAL PRE-EVENT VACCINATION AND ANTI23 MICROBIAL DISPENSING POLICY REVIEW. 

24 (a) REQUIREMENT.—The Secretary of Health and 

25 Human Services, in coordination with the Secretary of 


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1 Homeland Security and the Secretary of Agriculture, shall 

2 review the adequacy of domestic vaccination and anti3 microbial dispensing policy, guidance, and information 

4 provided to the public in light of any known terrorist risk 

5 of a biological attack or other phenomena that may have 

6 serious health consequences for the United States, includ7 ing wide-scale fatalities or infectious disease outbreaks in8 cluding outbreaks associated with the avian flu. In car9 rying out the review under this section, the Secretary shall 

10 consider— 

11 (1) terrorism risk assessments under section 

12 2102 of the Homeland Security Act of 2002, as 

13 amended by this Act, and material threat assess14 ments and determinations under the Project Bio15 shield Act of 2004 (Public Law 108–276) and the 

16 amendments made by that Act; 

17 (2) reports on global trends and intelligence 

18 produced by the Office of the Director of National 

19 Intelligence and the Intelligence Community regard20 ing biological threats; 

21 (3) the availability of federally provided vac22 cines and antimicrobials to dispense to first respond23 ers and the public, on a voluntary basis, in anticipa24 tion of a biological attack; 


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1 (4) applicability of Federal shelf-life extension 

2 programs to locally held stockpiles of medical coun3 termeasures, to the extent that information on local 

4 stockpiles is available; 

5 (5) making expiring products available to ap6 propriate international organizations or foreign part7 ners once the requests of domestic stakeholders have 

8 been fulfilled; 

9 (6) the implications of pre-event vaccination 

10 and antimicrobial dispensing to livestock; and 

11 (7) mechanisms to increase coordination be12 tween the Strategic National Stockpile established 

13 under section 319F–2 of the Public Health Service 

14 Act (42 U.S.C. 247D–6b) and the National Veteri15 nary Stockpile that would enhance vaccination and 

16 dispensing capabilities. 

17 (b) REPORT.—Not later than 1 year after the date 

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

19 Human Services shall report to the appropriate congres20 sional committees on the review required by subsection 

21 (a), together with any recommendations relating to the 

22 availability of domestic vaccine and antimicrobials for dis23 bursing to the public and voluntary immunization by first 

24 responders. 


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1 SEC. 404. MANAGEMENT OF SHORT SHELF LIFE VACCINE 

2 AND ANTIMICROBIAL STOCKPILES. 

3 The Secretary of Health and Human Services shall 

4 make available surplus vaccines and antimicrobials, and 

5 vaccines and antimicrobials with short shelf lives, from the 

6 strategic national stockpile under section 319F–2(a) of 

7 the Public Health Service Act (42 U.S.C. 247d–6b(a)) to 

8 State, local, and tribal first responders, including health 

9 care responders, for administration to such responders 

10 who voluntarily consent to such administration, and 

11 shall— 

12 (1) establish any necessary logistical and track13 ing systems to facilitate making such vaccines and 

14 antimicrobials so available; and 

15 (2) distribute disclosures regarding associated 

16 risks to end users. 

17 SEC. 405. MATERIAL THREAT DETERMINATIONS REVIEWS. 

18 Section 319F–2(c)(2)(A) of the Public Health Serv19 ice Act (42 U.S.C. 247d–6b(c)(2)(A)) is amended— 

20 (1) in clause (i), by striking ‘‘and’’ at the end; 

21 (2) by redesignating clause (ii) as clause (iii); 

22 (3) by inserting after clause (i) the following: 

23 ‘‘(ii) establish criteria for the issuance 

24 of a material threat determination;’’; 

25 (4) in clause (iii), as so redesignated, by strik26 ing the period at the end and inserting ‘‘; and’’; and 


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1 (5) by adding at the end the following: 

2 ‘‘(iv) review and reassess determina3 tions under clause (iii) to determine wheth4 er agents continue to present a material 

5 threat against the United States popu6 lation sufficient to affect national security 

7 and homeland security.’’. 

8 SEC. 406. BACKGROUND CHECKS. 

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

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

11 the end the following: ‘‘In identifying whether an indi12 vidual is within a category specified in subparagraph 

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

14 Secretary of Homeland Security, the Secretary of Defense, 

15 and the Secretary of State to determine whether these offi16 cials possess any information relevant to the identification 

17 of such an individual by the Attorney General.’’. 

18 SEC. 407. STATE, LOCAL, AND TRIBAL DEFINED. 

19 In this title, the term ‘‘State, local, and tribal’’ has 

20 the same meaning that term has in the Homeland Security 

21 Act of 2002 (6 U.S.C. 101 et seq.). 


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1 TITLE V—FOREIGN RELATIONS 

2 MATTERS 

3 SEC. 501. INTERNATIONAL ENGAGEMENT TO ENHANCE BIO4 DEFENSE AND LABORATORY BIOSECURITY. 

5 The Secretary of State, in consultation with the Spe6 cial Assistant to the President for Biodefense, and the 

7 heads of appropriate Federal agencies, shall, as appro8 priate— 

9 (1) support efforts of other countries to estab10 lish and build capacity to effectively implement legis11 lation criminalizing the development or use of bio12 logical weapons or acts of bioterrorism; 

13 (2) engage other countries and international 

14 nongovernmental entities to develop and establish 

15 common standards, guidance, and best practices for 

16 actions relevant to preventing acts of bioterrorism 

17 and the illicit use of life sciences; 

18 (3) support the efforts of other countries to en19 hance biosecurity and safety practices at laboratories 

20 and other facilities with materials that could be used 

21 in biological weapons or in an act of bioterrorism; 

22 (4) promote the development and adoption of 

23 international guidance for the safety and security of 

24 high-risk pathogens and toxins; and 


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1 (5) promote information sharing relating to 

2 threats and best practices between the intelligence 

3 community, Federal law enforcement, and inter4 national law enforcement and security officials. 

5 SEC. 502. INTERNATIONAL COLLABORATION AND INFORMA6 TION SHARING RELATING TO BIOSECURITY. 

7 The Secretary of State, in consultation with the Sec8 retary of Homeland Security, the Secretary of Agriculture, 

9 the Secretary of Health and Human Services, and the 

10 heads of other appropriate Federal agencies, shall, as ap11 propriate— 

12 (1) support efforts in other countries and re13 gions to develop mechanisms and capabilities for re14 porting to United Nations organizations validated 

15 data on biological attacks or other phenomena that 

16 may have serious health consequences for the United 

17 States, including wide-scale fatalities or infectious 

18 disease outbreaks; 

19 (2) engage other Federal and nongovernmental 

20 entities and other countries to advance awareness 

21 and understanding of the risk posed by information 

22 derived from the life sciences that has the potential 

23 for misuse to cause harm, and advance recommenda24 tions on how best to address such risk; 


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1 (3) engage such entities and countries to pro2 mote greater awareness and understanding of the 

3 global availability of and access to life science tech4 nologies and materials; and 

5 (4) promote the development and use of mecha6 nisms for reporting, preserving, and sharing data on 

7 Federal programs and investments in international 

8 scientific, agricultural, medical, and public health 

9 collaborations in support of efforts to enhance global 

10 biosecurity. 

11 SEC. 503. INTERAGENCY TASK FORCE ON BEST PRACTICES 

12 FOR GLOBAL BIOPREPAREDNESS. 

13 (a) SENSE OF CONGRESS.—It is the sense of Con14 gress that preparedness for a chemical, biological, radio15 logical, or nuclear incident must be undertaken not only 

16 domestically but also internationally. Specifically, there is 

17 a need for a global preparedness architecture for such an 

18 event. Congress supports efforts to provide an inter19 national forum for discussion of key health security poli20 cies with international dimensions, and the establishment 

21 of a formal United States interagency task force to de22 velop best practices and recommendations for implementa23 tion of a global preparedness architecture could enhance 

24 global preparedness. 


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1 (b) ESTABLISHMENT OF TASK FORCE.—The Sec2 retary of State shall convene and lead an interagency task 

3 force to examine— 

4 (1) the state of global biopreparedness for a 

5 major biological event; 

6 (2) necessary components of a global bio7 preparedness architecture that would advance inter8 national health security, including considerations 

9 of— 

10 (A) risk assessments; 

11 (B) prevention; 

12 (C) protection; 

13 (D) regional stockpiling of medical coun14 termeasures, including considerations of— 

15 (i) security of the stockpile; 

16 (ii) preservation of the stockpile 

17 through effective detection and diagnosis, 

18 shelf life extension programs, and other 

19 means; 

20 (iii) delivery planning; and 

21 (iv) legal considerations for imple22 menting such an architecture; 

23 (E) response and attribution; 

24 (F) other elements that should be a com25 ponent of such an architecture; and 


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1 (G) obstacles to implementing such an ar2 chitecture; 

3 (3) best practices for preparedness based on 

4 lessons learned from domestic efforts to address the 

5 above issues, and that may be applicable internation6 ally; 

7 (4) activities undertaken through the National 

8 Intelligence Strategy for Countering Biological 

9 Threats developed under section 202 and the Inter10 national Health Regulations 2005, as well as other 

11 activities deemed relevant by the task force; and 

12 (5) the utility of working through existing inter13 national forums as a mechanism for distributing this 

14 information to the international community. 

15 (c) MEMBERSHIP.—Members of the task force shall 

16 include representatives from— 

17 (1) the Department of Homeland Security; 

18 (2) the Department of Health and Human 

19 Services, including the Centers for Disease Control 

20 and Prevention; 

21 (3) the Department of Agriculture; 

22 (4) the Department of Defense; 

23 (5) the Department of Justice; 

24 (6) the Department of State; 

25 (7) the Director of National Intelligence; 


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1 (8) other Federal departments and agencies, as 

2 determined appropriate by the Secretary; and 

3 (9) national biosecurity and biodefense stake4 holder community, including from the pharma5 ceutical and biotechnology industries, and the diag6 nostic laboratory community, as determined by the 

7 Secretary. 

8 (d) REPORT.—Not later than 1 year after the date 

9 of the enactment of this Act, the Secretary shall submit 

10 to the appropriate congressional committees a report on 

11 the findings of the task force established under this sec12 tion. 

13 SEC. 504. BIOLOGICAL AND TOXIN WEAPONS CONVENTION. 

14 The Secretary of State shall— 

15 (1) promote confidence in effective implementa16 tion of and compliance with the Convention on the 

17 Prohibition of the Development, Production and 

18 Stockpiling of Bacteriological (Biological) and Toxin 

19 Weapons and on their Destruction (commonly re20 ferred to as the ‘‘Biological and Toxin Weapons 

21 Convention’’) by the States party to the Convention 

22 by promoting transparency with respect to legitimate 

23 activities and pursuing compliance diplomatically to 

24 address concerns; 


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1 (2) promote universal membership in the Con2 vention; 

3 (3) develop an action plan for increasing inter4 national adherence to the Convention; and 

5 (4) ensure that United States participation in 

6 Convention meetings is broadly inclusive of rep7 resentatives of relevant Federal departments and 

8 agencies. 

Æ 


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