I 

111TH CONGRESS 

2D SESSION H. R. 5057 

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

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

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2010 

Mr. KING of New York (for himself, Mr. ROGERS of Alabama, Mr. OLSON, 

and Mr. CAO) introduced the following bill; which was referred to the 

Committee on Homeland Security, and in addition to the Committees on 

Energy and Commerce, Agriculture, Oversight and Government Reform, 

Transportation and Infrastructure, Foreign Affairs, Select Intelligence 

(Permanent Select), and Armed Services, 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 prevent the proliferation of weapons of mass destruction, 

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

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

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

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

5 ‘‘Weapons of Mass Destruction Prevention and Prepared6 ness Act of 2010’’ or the ‘‘WMD Prevention and Pre7 paredness Act of 2010’’. 


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

2 as follows: 

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

TITLE I—ENHANCED BIOSECURITY 

Sec. 101. Designation of Tier I agents. 

Sec. 102. Enhanced biosecurity measures. 

Sec. 103. Laboratory and facility registration and database. 

Sec. 104. Background checks. 

Sec. 105. Biological laboratory protection. 

Sec. 106. Biosecurity information sharing. 

Sec. 107. Research with the Variola virus genome. 

TITLE II—RESPONSE TO A WEAPON OF MASS DESTRUCTION 

ATTACK 

Subtitle A—Ensuring Access to Medical Countermeasures During 

Emergencies 

Sec. 201. National Medical Countermeasure Dispensing Strategy. 

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

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

countermeasures. 

Sec. 204. Dispensing medical countermeasures through employers. 

Sec. 205. Personal medkits for emergency response providers and members of 

preparedness organizations. 

Sec. 206. General public medkit pilot program. 

Sec. 207. Report on the use of expiring countermeasures. 

Subtitle B—Bioforensics Capabilities and Strategy 

Sec. 211. Bioforensics capabilities and strategy. 

Subtitle C—Communications Planning 

Sec. 221. Communications planning. 

Sec. 222. Plume modeling. 

TITLE III—INTERNATIONAL MEASURES TO PREVENT BIOLOGICAL 

TERRORISM 

Subtitle A—Prevention and Protection Against International Biological 

Threats 

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

Sec. 302. Strengthening international biosecurity. 

Sec. 303. Promoting secure biotechnology advancement. 

Subtitle B—Global Pathogen Surveillance 

Sec. 321. Short title. 

Sec. 322. Findings; purpose. 

Sec. 323. Definitions. 

Sec. 324. Eligibility for assistance. 

Sec. 325. Restriction. 


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Sec. 326. Fellowship program. 

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

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

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

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

international organizations. 

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

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

Epidemiology Training Programs. 

Sec. 333. Reports. 

Sec. 334. Authorization of appropriations. 

Subtitle C—Strengthening the Oversight of Nuclear Nonproliferation 

Sec. 351. Definitions. 

Sec. 352. Report on United States nuclear nonproliferation efforts. 

Sec. 353. Report on United States work with IAEA on nuclear nonproliferation. 

Sec. 354. Authorization of appropriations. 

Subtitle D—Energy Development Program Implementation 

Sec. 361. Findings. 

Sec. 362. Definitions. 

Sec. 363. Energy development program implementation. 

Sec. 364. Reports. 

TITLE IV—GOVERNMENT ORGANIZATION 

Sec. 401. Intelligence on weapons of mass destruction. 

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

Sec. 403. Counterterrorism technology assessments. 

TITLE V—EMERGENCY MANAGEMENT AND CITIZEN 

ENGAGEMENT 

Sec. 501. Communication of threat information and alerts. 

Sec. 502. Guidelines concerning weapons of mass destruction. 

Sec. 503. Individual and community preparedness. 

1 TITLE I—ENHANCED 

2 BIOSECURITY 

3 SEC. 101. DESIGNATION OF TIER I AGENTS. 

4 (a) AMENDMENTS TO THE PUBLIC HEALTH SERVICE

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

6 U.S.C. 262a) is amended in subsection (a)— 


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1 (1) by redesignating paragraph (2) as para2 graph (3); 

3 (2) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) TIER I AGENTS.— 

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

7 Not later than 180 days after the date of enact8 ment of the Weapons of Mass Destruction Pre9 vention and Preparedness Act of 2010, the Sec10 retary, in coordination with the Secretary of 

11 Homeland Security, shall by regulation des12 ignate as ‘Tier I agents’ those agents and tox13 ins— 

14 ‘‘(i) for which the Secretary of Home15 land Security has issued a Material Threat 

16 Determination under section 319F–2(c)(2) 

17 regarding the agent or toxin, unless the 

18 Secretary of Health and Human Services 

19 determines, in coordination with the Sec20 retary of Homeland Security, that such 

21 designation is unwarranted; or 

22 ‘‘(ii) that meet the criteria under sub23 paragraph (B). 

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

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


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1 under subparagraph (A), the Secretary, in co2 ordination with the Secretary of Homeland Se3 curity, shall consider— 

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

5 clear potential to be used effectively in a 

6 biological attack that causes significant 

7 casualties; 

8 ‘‘(ii) information available from any 

9 biological or bioterrorism risk assessments 

10 conducted by the Department of Homeland 

11 Security or relevant assessments by other 

12 agencies; and 

13 ‘‘(iii) such other criteria and informa14 tion that the Secretary determines appro15 priate and relevant. 

16 ‘‘(C) INCLUSION OF AGENTS AND TOXINS

17 NOT PREVIOUSLY LISTED.—All agents or toxins 

18 designated by the Secretary as Tier I agents 

19 shall be included on the list maintained by the 

20 Secretary pursuant to paragraph (1). 

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

22 The Secretary, in coordination with the Sec23 retary of Homeland Security, shall— 

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

25 inclusion of additional agents or toxins on 


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1 the list of Tier I agents, as appropriate; 

2 and 

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

4 of Tier I agents to determine whether any 

5 agents or toxins should be removed from 

6 the list.’’; and 

7 (3) in paragraph (3), as so redesignated, by 

8 striking ‘‘list under paragraph (1)’’ and inserting 

9 ‘‘lists under paragraphs (1) and (2)’’. 

10 (b) AMENDMENTS TO THE AGRICULTURAL BIOTER11 RORISM PROTECTION ACT OF 2002.—Section 212(a) of 

12 the Agricultural Bioterrorism Protection Act of 2002 (7 

13 U.S.C. 8401(a)) is amended— 

14 (1) by redesignating paragraph (2) as para15 graph (3); 

16 (2) by inserting after paragraph (1) the fol17 lowing: 

18 ‘‘(2) TIER I AGENTS.— 

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

20 Not later than 180 days after the date of enact21 ment of the Weapons of Mass Destruction Pre22 vention and Preparedness Act of 2010, the Sec23 retary, in coordination with the Secretary of 

24 Homeland Security, shall by regulation desVerDate Nov 24 2008 03:27 Apr 17, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5057.IH H5057

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1 ignate as ‘Tier I agents’ those agents and tox2 ins— 

3 ‘‘(i) for which the Secretary of Home4 land Security has issued a Material Threat 

5 Determination under section 319F–2(c)(2) 

6 of the Public Health Service Act (42 

7 U.S.C. 247d–6b(c)(2)) regarding the agent 

8 or toxin, unless the Secretary of Agri9 culture determines, in coordination with 

10 the Secretary of Homeland Security, that 

11 such designation is unwarranted; or 

12 ‘‘(ii) that meet the criteria under sub13 paragraph (B). 

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

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

16 under subparagraph (A), the Secretary, in co17 ordination with the Secretary of Homeland Se18 curity, shall consider— 

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

20 clear potential to be used effectively in a 

21 biological attack that causes catastrophic 

22 consequences; 

23 ‘‘(ii) information available from any 

24 biological or bioterrorism risk assessments 

25 conducted by the Department of Homeland 


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1 Security or relevant assessments by other 

2 agencies; and 

3 ‘‘(iii) such other criteria and informa4 tion that the Secretary determines appro5 priate and relevant. 

6 ‘‘(C) INCLUSION OF AGENTS AND TOXINS

7 NOT PREVIOUSLY LISTED.—All agents or toxins 

8 designated by the Secretary as Tier I agents 

9 shall be included on the list maintained by the 

10 Secretary pursuant to paragraph (1). 

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

12 The Secretary, in coordination with the Sec13 retary of Homeland Security, shall— 

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

15 inclusion of additional agents or toxins on 

16 the list of Tier I agents, as appropriate; 

17 and 

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

19 of Tier I agents to determine whether any 

20 agents or toxins should be removed from 

21 the list.’’; and 

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

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


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1 SEC. 102. ENHANCED BIOSECURITY MEASURES. 

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

4 the end the following: 

5 ‘‘SEC. 318. ENHANCED BIOSECURITY MEASURES. 

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

7 ‘‘(1) LISTED AGENT.—The term ‘listed agent’ 

8 means an agent or toxin included on— 

9 ‘‘(A) the list established and maintained by 

10 the Secretary of Health and Human Services 

11 under section 351A(a)(1) of the Public Health 

12 Service Act (42 U.S.C. 262a(a)(1)); or 

13 ‘‘(B) the list established and maintained by 

14 the Secretary of Agriculture under section 

15 212(a)(1) of the Agricultural Bioterrorism Pro16 tection Act of 2002 (7 U.S.C. 8401(a)(1)). 

17 ‘‘(2) PERSON.—The term ‘person’ has the 

18 meaning given that term in section 351A(l)(6) of the 

19 Public Health Service Act (42 U.S.C. 262a(l)(6)). 

20 ‘‘(3) TIER I AGENT.—The term ‘Tier I agent’ 

21 means an agent or toxin designated as a Tier I 

22 agent under section 351A(a)(2) of the Public Health 

23 Service Act (42 U.S.C. 262a(a)(2)) or section 

24 212(a)(2) of the Agricultural Bioterrorism Protec25 tion Act of 2002 (7 U.S.C. 8401(a)(2)). 


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

2 with the Secretary of Health and Human Services and the 

3 Secretary of Agriculture, shall through a negotiated rule4 making under subchapter III of chapter 5 of title 5, 

5 United States Code, establish enhanced biosecurity meas6 ures for persons that possess, use, or transfer Tier I 

7 agents, which shall include— 

8 ‘‘(1) standards for personnel reliability pro9 grams; 

10 ‘‘(2) standards for biosecurity training of re11 sponsible officials, laboratory personnel, and support 

12 personnel employed by such persons; 

13 ‘‘(3) standards for performing laboratory risk 

14 assessments; 

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

16 standards; and 

17 ‘‘(5) any other security standards jointly deter18 mined necessary by the Secretary and the Secretary 

19 of Health and Human Services. 

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

21 negotiated rulemaking committee established by the Sec22 retary under subsection (b) shall include representatives 

23 from— 

24 ‘‘(1) the Department; 


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

2 Services; 

3 ‘‘(3) the Department of Agriculture; 

4 ‘‘(4) the Department of Defense; 

5 ‘‘(5) the Department of Energy; 

6 ‘‘(6) the Department of Justice; 

7 ‘‘(7) for profit research institutions; 

8 ‘‘(8) academic research institutions; 

9 ‘‘(9) nonprofit research institutions; and 

10 ‘‘(10) other interested parties, as the Secretary 

11 determines appropriate. 

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

13 negotiated rulemaking conducted under subsection (b) 

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

15 ‘‘(1) any recommendations with respect to pro16 posed regulations are provided to the Secretary not 

17 later than 6 months after the date of enactment of 

18 this section; and 

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

20 12 months after the date of enactment of this sec21 tion. 

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

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

24 Secretary and the negotiated rulemaking committee shall 

25 consider factors including— 


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1 ‘‘(1) the recommendations of the Commission 

2 on the Prevention of Weapons of Mass Destruction 

3 Proliferation and Terrorism (established under sec4 tion 1851 of the Implementing Recommendations of 

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

6 53; 121 Stat. 501)), the National Science Advisory 

7 Board for Biosecurity (established under section 205 

8 of the Pandemic and All-Hazards Preparedness Act 

9 (Public Law 109–417; 120 Stat. 2851)), the Trans10 Federal Task Force on Optimizing Biosafety and 

11 Biocontainment Oversight, and any working group 

12 established under Executive Order 13486 (74 Fed. 

13 Reg. 2289) relating to strengthening laboratory bio14 security; and 

15 ‘‘(2) how any disincentives to biological re16 search arising from enhanced biosecurity measures 

17 can be minimized. 

18 ‘‘(f) IMPLEMENTATION OF ENHANCED BIOSECURITY

19 MEASURES.— 

20 ‘‘(1) ENFORCEMENT.—The Secretary, in con21 sultation as appropriate with the Secretary of 

22 Health and Human Services and the Secretary of 

23 Agriculture, shall enforce the standards promulgated 

24 under subsection (b). 


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1 ‘‘(2) TRAINING PROGRAMS.—The Secretary of 

2 Health and Human Services, in consultation with 

3 the Secretary, shall develop or approve training pro4 grams that meet the standards promulgated under 

5 subsection (b). 

6 ‘‘(3) HARMONIZATION OF REGULATIONS.— 

7 ‘‘(A) REGULATIONS UNDER PUBLIC

8 HEALTH SERVICE ACT.—Not later than 120 

9 days after the Secretary promulgates regula10 tions or amendments thereto pursuant to this 

11 section, the Secretary of Health and Human 

12 Services shall amend regulations promulgated 

13 under the Select Agent Program under section 

14 351A(b)(1) of the Public Health Service Act 

15 (42 U.S.C. 262a(b)(1)) to ensure that such reg16 ulations do not overlap or conflict with the reg17 ulations promulgated by the Secretary under 

18 this section. 

19 ‘‘(B) REGULATIONS UNDER AGRICULTURE

20 BIOTERRORISM PROTECTION ACT OF 2002.—Not 

21 later than 120 days after the Secretary promul22 gates regulations or amendments thereto pursu23 ant to this section, the Secretary of Agriculture 

24 shall amend regulations promulgated under the 

25 Select Agent Program under section 212(b)(1) 


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1 of the Agricultural Bioterrorism Protection Act 

2 of 2002 (7 U.S.C. 8401(b)(1)) to ensure that 

3 such regulations do not overlap or conflict with 

4 the regulations promulgated by the Secretary 

5 under this section. 

6 ‘‘(4) PENALTIES.— 

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

8 to any other penalties that may apply under 

9 law, any person who violates any provision of 

10 regulations promulgated under subsection (b) 

11 shall be subject to a civil money penalty in an 

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

13 an individual and $500,000 in the case of any 

14 other person that possesses, uses, or transfers 

15 a Tier I agent. 

16 ‘‘(B) INTERMEDIATE SANCTIONS.— 

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

18 determines that a person has violated any 

19 provision of regulations promulgated under 

20 this section, the Secretary may impose in21 termediate sanctions in lieu of the actions 

22 authorized by subsection (A). 

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1 posed under paragraph (1) shall consist 

2 of— 

3 ‘‘(I) directed plans of correction; 

4 ‘‘(II) civil money penalties in an 

5 amount not to exceed $10,000 for 

6 each violation of, or for each day of 

7 substantial noncompliance with, the 

8 regulations promulgated under this 

9 section; 

10 ‘‘(III) payment for the costs of 

11 onsite monitoring; or 

12 ‘‘(IV) any combination of the ac13 tions described in subclauses (I), (II), 

14 and (III). 

15 ‘‘(C) SUSPENSION OF RESEARCH AND

16 FUNDING.— 

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

18 determines that a person has violated any 

19 provision of the regulations promulgated 

20 under subsection (b) and that the violation 

21 has endangered security, the Secretary 

22 may suspend the authority of the person to 

23 possess, use, or transfer Tier I agents until 

24 the violation has been remedied. 


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1 ‘‘(ii) NOTICE.—If the Secretary sus2 pends the authority of a person to possess, 

3 use, or transfer Tier I agents under clause 

4 (i), the Secretary shall notify each execu5 tive agency that provides funding for re6 search on Tier I agents by the person. 

7 ‘‘(iii) SUSPENSION.—If the head of an 

8 executive agency receives notice under 

9 clause (ii), the head of the executive agen10 cy may suspend the provision of funds to 

11 the person for research on Tier I agents. 

12 ‘‘(iv) RULE OF CONSTRUCTION.— 

13 Nothing in this subparagraph shall be con14 strued to limit or modify the authority to 

15 suspend the authority of a person to pos16 sess, use, or transfer Tier I agents, or to 

17 suspend funding for research under any 

18 other provision of law. 

19 ‘‘(D) PROCEDURES.—The Secretary shall 

20 develop and implement procedures with respect 

21 to when and how penalties or intermediate 

22 sanctions are to be imposed under this para23 graph. Such procedures shall provide for notice 

24 to the person, a reasonable opportunity to re25 spond to the proposed penalty or intermediate 


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1 sanction, and appropriate procedures for ap2 pealing determinations relating to the imposi3 tion of a penalty or intermediate sanction. 

4 ‘‘(5) SIMULTANEOUS LABORATORY INSPEC5 TIONS.— 

6 ‘‘(A) INSPECTIONS BY THE DEPARTMENT

7 OF HOMELAND SECURITY.—The Secretary shall 

8 have the authority to inspect persons subject to 

9 the regulations promulgated under subsection 

10 (b) to ensure compliance with the regulations 

11 by such persons. 

12 ‘‘(B) SIMULTANEOUS INSPECTIONS.—All 

13 Federal agencies conducting inspections of a 

14 person to ensure compliance with regulations 

15 promulgated under subsection (b), regulations 

16 promulgated under section 351A(b)(1) of the 

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

18 262a(b)(1)), regulations promulgated under 

19 section 212(b)(1) of the Agricultural Bioter20 rorism Protection Act of 2002 (7 U.S.C. 

21 8401(b)(1)), or security standards applicable 

22 under a contract between a Federal agency and 

23 the person shall be conducted simultaneously to 

24 the extent practicable. 


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1 ‘‘(C) JOINT INSPECTION PROCEDURES.— 

2 Federal agencies conducting simultaneous in3 spections of a person under this paragraph 

4 shall cooperate, to the maximum extent prac5 ticable, to ensure that the inspections are con6 ducted efficiently and in a manner that mini7 mizes the administrative burden on the person. 

8 ‘‘(D) INSPECTION REPORTS.—Any report 

9 of inspection of a person conducted by a Fed10 eral agency to enforce regulations promulgated 

11 under subsection (b), regulations promulgated 

12 under section 351A(b)(1) of the Public Health 

13 Service Act (42 U.S.C. 262a(b)(1)), regulations 

14 promulgated under section 212(b)(1) of the Ag15 ricultural Bioterrorism Protection Act of 2002 

16 (7 U.S.C. 8401(b)(1)), or security standards 

17 applicable under a contract between the Federal 

18 agency and the person shall be made available 

19 to any other Federal agency that enforces any 

20 such regulations with respect to the person or 

21 that funds research of a Tier I agent or a listed 

22 agent by the person.’’. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated such sums as may be 


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1 necessary to carry out this section and the amendments 

2 made by this section. 

3 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

4 The table of contents in section 1(b) of the Homeland Se5 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

6 inserting after the item relating to section 317 the fol7 lowing: 

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

8 SEC. 103. LABORATORY AND FACILITY REGISTRATION AND 

9 DATABASE. 

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

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

12 (1) by redesignating subsections (f) through 

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

14 (2) by inserting after subsection (e) the fol15 lowing: 

16 ‘‘(f) LABORATORY AND FACILITY REGISTRATION AND

17 DATABASE.— 

18 ‘‘(1) IN GENERAL.—The Secretary, in coordina19 tion with the Secretary of Homeland Security and 

20 the Secretary of Agriculture, shall by regulation es21 tablish criteria defining characteristics, features, or 

22 equipment that could facilitate the misuse of a lab23 oratory or other facility for the purposes of devel24 oping a biological weapon, which may include— 


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1 ‘‘(A) technology that is particularly suit2 able to the development of an effective biologi3 cal weapon, such as technology that would en4 able synthesis of Tier I agents; 

5 ‘‘(B) features that would enable an indi6 vidual to develop a biological weapon while es7 caping detection; and 

8 ‘‘(C) such other characteristics as the Sec9 retary determines appropriate. 

10 ‘‘(2) REGISTRY AGENTS.— 

11 ‘‘(A) IN GENERAL.—The Secretary, in co12 ordination with the Secretary of Agriculture 

13 and the Secretary of Homeland Security, shall 

14 establish and maintain by regulation a list of 

15 biological agents and toxins that have the po16 tential to pose a severe threat to public, animal, 

17 or plant health but for which the potential to be 

18 used in a biological attack has not been estab19 lished. 

20 ‘‘(B) DESIGNATION.—Agents listed pursu21 ant to subparagraph (A) shall be designated as 

22 ‘Registry Agents’. 

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

24 determining whether to designate a biological 

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1 retary shall exclude agents or toxins listed pur2 suant to subsection (a)(1) of this section and 

3 section 212(a)(1) of the Agricultural Bioter4 rorism Protection Act of 2002. 

5 ‘‘(3) REGULATIONS GOVERNING REGISTRATION

6 AND DATABASE.— 

7 ‘‘(A) REGULATIONS REQUIRING REGISTRA8 TION.—The Secretary shall by regulation re9 quire the registration with the Secretary of lab10 oratories or other facilities that— 

11 ‘‘(i) meet the criteria established pur12 suant to paragraph (1); or 

13 ‘‘(ii) possess, use, or transfer Registry 

14 Agents designated under paragraph (2). 

15 ‘‘(B) DATABASE.—The Secretary shall 

16 maintain a national database that includes the 

17 locations of each laboratory or other facility re18 quired to be registered under this subsection, 

19 the criteria established pursuant to paragraph 

20 (1) that are applicable to the laboratory or fa21 cility, the Registry Agents that are possessed or 

22 used at or transferred by the laboratory or fa23 cility, and the name of the person that owns or 

24 controls the laboratory or facility. 


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1 ‘‘(C) ADDITIONAL REGISTRATION RE2 QUIREMENTS.—An individual who possesses, 

3 uses, or transfers Registry Agents at a location 

4 other than a laboratory or other facility shall be 

5 required to register with the Secretary pursuant 

6 to this subsection. 

7 ‘‘(4) PENALTIES.—In addition to any other 

8 penalties that may apply under law, any person who 

9 violates any provision of this subsection shall be sub10 ject to the United States for a civil penalty in an 

11 amount not to exceed $25,000 in the case of an indi12 vidual and $50,000 in the case of any other person. 

13 ‘‘(5) ACCESS TO DATABASE.—The Secretary 

14 shall make the database established under para15 graph (3) available to the Secretary of Homeland 

16 Security, the Secretary of Agriculture, the Secretary 

17 of Defense, the Attorney General, and such agencies 

18 as the Secretary determines appropriate. 

19 ‘‘(6) BIOSECURITY AND BIOSAFETY BEST PRAC20 TICES.—The Secretary, in consultation with the Sec21 retary of Homeland Security and the Secretary of 

22 Agriculture, shall promote biosecurity and biosafety 

23 best practices to entities registered under paragraph 

24 (3). 


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1 ‘‘(7) DISCLOSURE OF INFORMATION.—No Fed2 eral agency shall disclose under section 552 of title 

3 5, United States Code, any information contained in 

4 the database established pursuant to paragraph 

5 (3).’’. 

6 (b) REVISION OF THE LIST OF BIOLOGICAL AGENTS

7 AND TOXINS.— 

8 (1) REVIEW OF LISTED AGENTS.— 

9 (A) REVIEW BY THE SECRETARY OF

10 HEALTH AND HUMAN SERVICES.—Not later 

11 than 180 days after the establishment of the 

12 list pursuant to subsection (f)(2) of section 

13 351A of the Public Health Service Act (as 

14 added by subsection (a)), the Secretary of 

15 Health and Human Services shall conduct a 

16 comprehensive review of the list of biological 

17 agents and toxins maintained pursuant to sub18 section (a)(1) of such section to determine 

19 which listed agents and toxins should instead be 

20 listed as Registry Agents (as described under 

21 such subsection (f)(2)). 

22 (B) REVIEW BY THE SECRETARY OF AGRI23 CULTURE.—Not later than 180 days after the 

24 establishment of the list pursuant to subsection 

25 (f)(2) of section 351A of the Public Health 


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

2 Secretary of Agriculture shall conduct a com3 prehensive review of the list of biological agents 

4 and toxins maintained pursuant to section 

5 212(a)(1) of the Agricultural Bioterrorism Pro6 tection Act of 2002 (7 U.S.C. 8401(a)(1)) to 

7 determine which listed agents and toxins should 

8 instead be listed as Registry Agents (as de9 scribed under such subsection (f)(2)). 

10 (2) AMENDMENTS TO THE PUBLIC HEALTH

11 SERVICE ACT.— 

12 (A) CRITERIA.—Section 351A(a)(1)(B)(i) 

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

14 262a(a)(1)(B)(i)) is amended— 

15 (i) by redesignating subclauses (III) 

16 and (IV) as subclauses (IV) and (V), re17 spectively; and 

18 (ii) by inserting after subclause (II) 

19 the following: 

20 ‘‘(III) the suitability of the agent 

21 or toxin to be used in a biological at22 tack;’’. 

23 (B) EXEMPTIONS FOR CLINICAL OR DIAG24 NOSTIC LABORATORIES.—Section 351A(h)(1) of 

25 the Public Health Service Act (42 U.S.C. 


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1 262a(h)(1)), as redesignated by subsection (a), 

2 is amended by striking ‘‘subsections (b) and 

3 (c)’’ and inserting ‘‘subsections (b), (c), and 

4 (f)’’. 

5 (3) AMENDMENTS TO THE AGRICULTURAL BIO6 TERRORISM PROTECTION ACT.—Section 

7 212(a)(1)(B)(i) of the Agricultural Bioterrorism 

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

9 is amended— 

10 (A) by redesignating subclauses (III) and 

11 (IV) as subclauses (IV) and (V), respectively; 

12 and 

13 (B) by inserting after subclause (II) the 

14 following: 

15 ‘‘(III) the suitability of the agent 

16 or toxin to be used in a biological at17 tack;’’. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated such sums as may be 

20 necessary to carry out this section. 

21 (d) CONFORMING AMENDMENTS.— 

22 (1) PUBLIC HEALTH SERVICE ACT.—Section 

23 351A of the Public Health Service Act (42 U.S.C. 

24 262a) is amended— 


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

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

3 (B) in subsection (i)(1)(E), as redesig4 nated by subsection (a), by striking ‘‘subsection 

5 (f)’’ and inserting ‘‘subsection (g)’’; 

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

7 by striking ‘‘subsection (l)’’ and inserting ‘‘sub8 section (m)’’; and 

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

10 by striking ‘‘subsection (j)’’ and inserting ‘‘sub11 section (k)’’. 

12 (2) AGRICULTURAL BIOTERRORISM PROTEC13 TION ACT OF 2002.—Section 212(g)(1)(E) of the Ag14 ricultural Bioterrorism Protection Act of 2002 (7 

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

16 ‘‘351A(g)(3)’’ and inserting ‘‘351A(h)(3)’’. 

17 SEC. 104. BACKGROUND CHECKS. 

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

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

20 the end the following: ‘‘In identifying whether an indi21 vidual is within a category specified in subparagraph 

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

23 Secretary of Homeland Security to determine if the De24 partment of Homeland Security possesses any information 


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1 relevant to the identification of such an individual by the 

2 Attorney General.’’. 

3 SEC. 105. BIOLOGICAL LABORATORY PROTECTION. 

4 (a) ACADEMIC AND NONPROFIT HIGH CONTAINMENT

5 BIOLOGICAL LABORATORY PROTECTION GRANTS.— 

6 (1) GRANTS AUTHORIZED.—The Secretary of 

7 Homeland Security, acting through the Adminis8 trator of the Federal Emergency Management Agen9 cy, may award grants to academic and nonprofit or10 ganizations and to State, local, and tribal govern11 ments to implement security improvements at lab12 oratories of such organizations and governments 

13 that possess, use, or transfer Tier I agents or toxins, 

14 as so designated under section 351A(a)(2) of the 

15 Public Health Service Act or section 212(a)(2) of 

16 the Agricultural Bioterrorism Protection Act of 

17 2002, as amended by this Act. 

18 (2) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated to the De20 partment of Homeland Security to carry out this 

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

22 2011 through 2014. 

23 (b) VOLUNTARY VULNERABILITY ASSESSMENTS.—In 

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

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1 land Security shall encourage the voluntary participation 

2 of laboratories working with biological agents and toxins, 

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

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

5 212(a)(1) of the Agricultural Bioterrorism Protection Act 

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

7 risks such agents and toxins pose. 

8 SEC. 106. BIOSECURITY INFORMATION SHARING. 

9 (a) AMENDMENT TO THE PUBLIC HEALTH SERVICE

10 ACT.—Section 351A(d) of the Public Health Service Act 

11 (42 U.S.C. 262a(d)) is amended by inserting after para12 graph (2) the following: 

13 ‘‘(3) FEDERAL AGENCY ACCESS.—The Sec14 retary shall ensure access to the database estab15 lished pursuant to paragraph (2) by the Secretary of 

16 Agriculture, the Secretary of Homeland Security, the 

17 Attorney General, the Secretary of Energy, the Sec18 retary of Defense, and any other Federal agency 

19 that the Secretary determines appropriate.’’. 

20 (b) AMENDMENT TO THE AGRICULTURAL BIOTER21 RORISM PROTECTION ACT OF 2002.—Section 212(d) of 

22 the Agricultural Bioterrorism Protection Act of 2002 (7 

23 U.S.C. 8401(d)) is amended by inserting after paragraph 

24 (2) the following: 


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1 ‘‘(3) FEDERAL AGENCY ACCESS.—The Sec2 retary shall ensure access to the database estab3 lished pursuant to paragraph (2) by the Secretary of 

4 Health and Human Services, the Secretary of 

5 Homeland Security, the Attorney General, the Sec6 retary of Energy, the Secretary of Defense, and any 

7 other Federal agency that the Secretary determines 

8 appropriate.’’. 

9 (c) AMENDMENT TO THE HOMELAND SECURITY ACT

10 OF 2002.—Title III of the Homeland Security Act of 2002 

11 (6 U.S.C. 181 et seq.), as amended by section 102, is 

12 amended by adding at the end the following: 

13 ‘‘SEC. 319. BIOSECURITY INFORMATION SHARING. 

14 ‘‘(a) IN GENERAL.—Consistent with the responsibil15 ities under section 201(d), the Secretary shall ensure that 

16 State, local, and tribal governments have access to rel17 evant safety and security information relating to biological 

18 laboratories and facilities in or in close proximity to the 

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

20 the Secretary determines appropriate. 

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

22 carrying out this section, the Secretary may utilize infor23 mation from the national databases established under sub24 sections (d)(2) and (f)(3) of section 351A of the Public 

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


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1 212(d)(2) of the Agricultural Bioterrorism Protection Act 

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

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

4 The Secretary shall ensure that any information dissemi5 nated under this section is disseminated consistent with— 

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

7 Intelligence to protect intelligence sources and meth8 ods under the National Security Act of 1947 (50 

9 U.S.C. 401 et seq.) and related procedures or simi10 lar authorities of the Attorney General concerning 

11 sensitive law enforcement information; 

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

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

14 and 

15 ‘‘(3) other relevant laws.’’. 

16 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

17 The table of contents in section 1(b) of the Homeland Se18 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

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

20 by section 102, the following: 

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

21 SEC. 107. RESEARCH WITH THE VARIOLA VIRUS GENOME. 

22 (a) REGULATIONS.—For the purposes of preventing 

23 a reengineering of the live Variola virus from Variola virus 

24 DNA fragments or parts of the Variola virus genome, not 

25 later than 180 days after the date of enactment of this 


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1 Act, the Secretary of Health and Human Services, in con2 sultation with the Secretary of Homeland Security, shall 

3 promulgate regulations governing the distribution, syn4 thesis, and handling of Variola virus DNA. 

5 (b) CONSIDERATIONS.—The regulations promulgated 

6 under subsection (a) shall take into account— 

7 (1) the recommendations issued by the World 

8 Health Organization concerning the distribution, 

9 handling, and synthesis or Variola virus DNA in 

10 May 2008; and 

11 (2) the continuing importance of research by 

12 the legitimate scientific community with fragments 

13 of the Variola virus genome for the purposes of pre14 venting smallpox or developing vaccines or treat15 ments against smallpox. 

16 (c) INCLUSIONS.—The regulations promulgated 

17 under subsection (a) shall include regulations regarding— 

18 (1) which research entities are qualified to re19 ceive Variola virus DNA fragments taking into ac20 count adequate security and safety measures; 

21 (2) the rules under which distribution to quali22 fying research entities may occur; 

23 (3) the appropriate limits on the numbers of 

24 and length of base pairs of Variola virus DNA that 

25 can be handled by a qualifying laboratory; 


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1 (4) the appropriate limits on the total genome 

2 size of Variola virus DNA fragments that may be 

3 handled by a qualifying laboratory; 

4 (5) the appropriate limits on synthesizing 

5 Variola virus DNA; and 

6 (6) any other matters determined necessary by 

7 the Secretary to carry out the purposes of section 

8 351A(a) of the Public Health Service Act (as 

9 amended by this Act). 

10 TITLE II—RESPONSE TO A WEAP11 ON OF MASS DESTRUCTION 

12 ATTACK 

13 Subtitle A—Ensuring Access to 

14 Medical Countermeasures Dur15 ing Emergencies 

16 SEC. 201. NATIONAL MEDICAL COUNTERMEASURE DIS17 PENSING STRATEGY. 

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

19 241 et seq.) is amended by inserting after section 319M 

20 the following: 

21 ‘‘SEC. 319N. NATIONAL MEDICAL COUNTERMEASURE DIS22 PENSING STRATEGY. 

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

24 ‘‘(1) the term ‘appropriate committees of Con25 gress’ means— 


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1 ‘‘(A) the Committee on Homeland Security 

2 and Governmental Affairs and the Committee 

3 on Health, Education, Labor, and Pensions of 

4 the Senate; and 

5 ‘‘(B) the Committee on Homeland Secu6 rity, the Committee on Energy and Commerce, 

7 and the Committee on Oversight and Govern8 ment Reform of the House of Representatives; 

9 ‘‘(2) the term ‘dispense’ means to provide med10 ical countermeasures to an affected population in re11 sponse to a threat or incident; 

12 ‘‘(3) the term ‘medical countermeasure’ means 

13 a drug (as that term is defined in section 201(g)(1) 

14 of the Federal Food, Drug, and Cosmetic Act), a de15 vice (as that term is defined in section 201(h) of 

16 such Act), or a biological product (as that term is 

17 defined in section 351 of this Act), to— 

18 ‘‘(A) diagnose, mitigate, prevent, or treat 

19 harm from any biological agent (including orga20 nisms that cause an infectious disease) or toxin, 

21 chemical, radiological, or nuclear agent that 

22 may cause a public health emergency; or 

23 ‘‘(B) diagnose, mitigate, prevent, or treat 

24 harm from a condition that may result in ad25 verse health consequences or death and may be 


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1 caused by administering a drug, biological prod2 uct, or device; and 

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

4 a public health emergency declared by the Secretary 

5 under section 319. 

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

7 with the Secretary of Homeland Security and the Post8 master General, shall develop, coordinate, and maintain 

9 a National Medical Countermeasure Dispensing Strategy 

10 (referred to in this section as the ‘National MCM Dis11 pensing Strategy’). 

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

13 Strategy shall— 

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

15 in dispensing medical countermeasures (referred to 

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

17 which the Federal Government may assist State, 

18 local, and tribal governments to dispense MCMs; 

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

20 population densities, and demographics; 

21 ‘‘(3) create a multilayered approach for the dis22 pensing of MCMs that includes redundancies; 

23 ‘‘(4) address— 

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

25 including— 


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1 ‘‘(i) for MCM dispensing locations; 

2 and 

3 ‘‘(ii) for dispensing through the 

4 United States Postal Service; 

5 ‘‘(B) requirements for timeliness of MCM 

6 dispensing; 

7 ‘‘(C) appropriateness, effectiveness, and ef8 ficiency of differing methods of MCM dis9 pensing; 

10 ‘‘(D) measures and evaluations of MCM 

11 dispensing effectiveness and efficiency; 

12 ‘‘(E) liability issues associated with MCM 

13 dispensing, considering— 

14 ‘‘(i) the volunteer force; 

15 ‘‘(ii) medical personnel; 

16 ‘‘(iii) potential adverse reactions to 

17 medications; 

18 ‘‘(iv) participating employees of the 

19 United States Postal Service; and 

20 ‘‘(v) security personnel; 

21 ‘‘(F) security issues, including— 

22 ‘‘(i) partnerships with law enforce23 ment; and 

24 ‘‘(ii) necessary levels of security to 

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1 lated personnel, participating employees of 

2 the United States Postal Service, and 

3 transportation of MCMs; 

4 ‘‘(G) communications issues, including— 

5 ‘‘(i) communications between the Fed6 eral, State, local, and tribal government of7 ficials that may be involved in dispensing 

8 MCMs; 

9 ‘‘(ii) communications between the gov10 ernment and private sector; and 

11 ‘‘(iii) the creation of prescripted mes12 sages or message templates so that infor13 mation about how people can acquire 

14 MCMs can be disseminated quickly in an15 ticipation of or in the immediate aftermath 

16 of a biological attack or a naturally occur17 ring disease outbreak; 

18 ‘‘(H) transportation of MCMs to dis19 pensing locations; 

20 ‘‘(I) implementation and operations of dis21 pensing plans; 

22 ‘‘(J) necessary levels of Federal technical 

23 assistance in developing MCM dispensing capa24 bilities; 


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1 ‘‘(K) measures that are necessary in order 

2 so that actions taken pursuant to the National 

3 MCM Dispensing Strategy will comply with ap4 plicable requirements of the Federal Food, 

5 Drug, and Cosmetic Act and of section 351 of 

6 this Act; and 

7 ‘‘(L) any other topics that the Secretary 

8 determines appropriate; and 

9 ‘‘(5) be exercised regularly in various jurisdic10 tions. 

11 ‘‘(d) COORDINATION.—Where appropriate, the Sec12 retary, in coordination with the Secretary of Homeland 

13 Security and the Postmaster General, shall coordinate 

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

15 sector, and nongovernmental organizations in development 

16 of the National MCM Dispensing Strategy. 

17 ‘‘(e) REPORTS TO CONGRESS.— 

18 ‘‘(1) IN GENERAL.—The Secretary, in coordina19 tion with the Secretary of Homeland Security and 

20 the Postmaster General, shall— 

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

22 of enactment of this section, submit the Na23 tional MCM Dispensing Strategy to the appro24 priate committees of Congress; and 


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

2 submission of the Strategy under subparagraph 

3 (A), submit an implementation plan for such 

4 Strategy to the appropriate committees of Con5 gress. 

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

7 after the submission of the implementation plan 

8 under paragraph (1)(B), the Secretary, in coordina9 tion with the Secretary of Homeland Security and 

10 the Postmaster General, shall submit to the appro11 priate committees of Congress a report describing 

12 the status of the activities taken pursuant to the im13 plementation plan.’’. 

14 SEC. 202. TAILORING OF THE NATIONAL MEDICAL COUN15 TERMEASURE DISPENSING STRATEGY. 

16 (a) IN GENERAL.— 

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

18 Human Services, in coordination with the Secretary 

19 of Homeland Security and, where appropriate, the 

20 Postmaster General, shall tailor implementation of 

21 the National MCM Dispensing Strategy established 

22 under section 319N of the Public Health Service Act 

23 (as added by section 201) for— 

24 (A) Cities Readiness Initiative jurisdictions 

25 and other densely populated metropolitan areas 


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1 deemed at highest risk of being the target of a 

2 terrorist attack; 

3 (B) representative localities of varying geo4 graphic sizes, population densities, and demo5 graphics; and 

6 (C) any other unique or specific local needs 

7 the Secretary of Health and Human Services 

8 deems appropriate. 

9 (2) CONSULTATION WITH STATE, LOCAL, AND

10 TRIBAL GOVERNMENTS.—In fulfilling the require11 ments of paragraph (1), the Secretary of Health and 

12 Human Services, in coordination with the Secretary 

13 of Homeland Security and, where appropriate, the 

14 Postmaster General, shall consult with State, local, 

15 and tribal officials. 

16 (3) REVIEW.—The Secretary of Homeland Se17 curity, during and in conjunction with the creation 

18 of tailored National MCM Dispensing Strategy plans 

19 under paragraph (1), shall— 

20 (A) provide a review of transportation and 

21 logistics capabilities for moving medical coun22 termeasures from State, local, and tribal receiv23 ing, staging, and storing sites to dispensing lo24 cations; 


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1 (B) review security plans and capabilities 

2 for protecting transportation of medical coun3 termeasures and dispensing locations; 

4 (C) work in coordination with the Post5 master General to review security for protecting 

6 United States Postal Service employees per7 forming dispensing; 

8 (D) assist State, local, and tribal govern9 ments in building partnerships with law en10 forcement to perform security for medical coun11 termeasure transportation and dispensing; 

12 (E) assist State, local, and tribal govern13 ments in working with emergency response pro14 viders to create appropriate roles for their par15 ticipation in the tailored Strategy plans; and 

16 (F) determine other assistance that may be 

17 offered to State, local, and tribal governments 

18 with respect to logistics, transportation, secu19 rity, or other issues that the Secretary of 

20 Homeland Security determines appropriate. 

21 (b) DEFINITION.—In this section, the term ‘‘emer22 gency response provider’’ has the meaning given that term 

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

24 U.S.C. 101). 


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

2 SERVICE TO DELIVER MEDICAL COUNTER3 MEASURES. 

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

5 Human Services, in coordination with the Postmaster 

6 General and the Secretary of Homeland Security, and in 

7 a manner that complies with the applicable requirements 

8 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

9 301 et seq.) and of section 351 of the Public Health Serv10 ice Act (42 U.S.C. 262), shall expand existing pilot pro11 grams to utilize the United States Postal Service to deliver 

12 medical countermeasures in an emergency. 

13 (b) TIMELINE.—The Postmaster General shall in14 crease the ability of the United States Postal Service, con15 tingent on the voluntary participation of additional juris16 dictions, to deliver medical countermeasures to homes in— 

17 (1) 5 additional Cities Readiness Initiative ju18 risdictions not later than 1 year after the date of en19 actment of this Act; and 

20 (2) 15 additional Cities Readiness Initiative ju21 risdictions not later than 2 years after the date of 

22 enactment of this Act. 

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

24 Human Services, in coordination with the Postmaster 

25 General and the Secretary of Homeland Security, shall, 

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1 vided to enrolled United States Postal Service employees 

2 and immediate family members of those employees under 

3 the U.S. Postal Service Dispensing Plan. 

4 (d) CONTENT CONSIDERATION.—In establishing the 

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

6 Secretary of Health and Human Services shall— 

7 (1) consider information available from any bio8 logical or bioterrorism risk assessments conducted 

9 by the Department of Homeland Security or other 

10 relevant assessments by other departments or the in11 telligence community; 

12 (2) consider the criteria described in section 

13 351A(a)(1)(B) of the Public Health Service Act (42 

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

15 (3) consult with private and public organiza16 tions, as appropriate; 

17 (4) comply with applicable requirements of the 

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

19 301 et seq.) and of section 351 of the Public Health 

20 Service Act (42 U.S.C. 262); and 

21 (5) consider such other criteria and information 

22 that the Secretary of Health and Human Services 

23 determines appropriate. 

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

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


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1 Human Services, the Postmaster General, and the Sec2 retary of Homeland Security shall submit to the appro3 priate committees of Congress a report on the implemen4 tation of this section. 

5 (f) DEFINITIONS.—In this section— 

6 (1) the term ‘‘appropriate committees of Con7 gress’’ means— 

8 (A) the Committee on Homeland Security 

9 and Governmental Affairs and the Committee 

10 on Health, Education, Labor, and Pensions of 

11 the Senate; and 

12 (B) the Committee on Homeland Security, 

13 the Committee on Energy and Commerce, and 

14 the Committee on Oversight and Government 

15 Reform of the House of Representatives; 

16 (2) the term ‘‘medkit’’ means a cache of anti17 biotics and other medical countermeasures to be 

18 used during a public health emergency; and 

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

20 a public health emergency declared by the Secretary 

21 of Health and Human Services under section 319 of 

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

23 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated such sums as may be 

25 necessary to carry out this section. 


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1 SEC. 204. DISPENSING MEDICAL COUNTERMEASURES 

2 THROUGH EMPLOYERS. 

3 (a) DEFINITIONS.—In this section— 

4 (1) the term ‘‘appropriate committees of Con5 gress’’ means— 

6 (A) the Committee on Homeland Security 

7 and Governmental Affairs and the Committee 

8 on Health, Education, Labor, and Pensions of 

9 the Senate; and 

10 (B) the Committee on Homeland Security 

11 and the Committee on Energy and Commerce 

12 of the House of Representatives; 

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

14 have the meanings given those terms in section 178 

15 of title 18, United States Code; 

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

17 a Federal facility determined by the Secretary of 

18 Health and Human Services, in coordination with 

19 the Secretary of Homeland Security, to be of suffi20 cient size, workforce level, and geographic location to 

21 warrant developing a plan for receiving and dis22 pensing medical countermeasures to employees work23 ing in the Federal facility; 

24 (4) the term ‘‘dispense’’ means to provide med25 ical countermeasures to an affected population in re26 sponse to a threat or incident; 


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1 (5) the term ‘‘medical countermeasure’’ means 

2 a drug (as that term is defined in section 201(g)(1) 

3 of the Federal Food, Drug, and Cosmetic Act), a de4 vice (as that term is defined in section 201(h) of 

5 such Act), or a biological product (as that term is 

6 defined in section 351 of this Act), to— 

7 (A) diagnose, mitigate, prevent, or treat 

8 harm from any biological agent (including orga9 nisms that cause an infectious disease) or toxin, 

10 chemical, radiological, or nuclear agent that 

11 may cause a public health emergency; or 

12 (B) diagnose, mitigate, prevent, or treat 

13 harm from a condition that may result in ad14 verse health consequences or death and may be 

15 caused by administering a drug, biological prod16 uct, or device; and 

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

18 a public health emergency declared by the Secretary 

19 of Health and Human Services under section 319 of 

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

21 (b) FEDERAL PLAN.— 

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

23 agency, in consultation with the Secretary of Health 

24 and Human Services and the Secretary of Homeland 

25 Security, and in a manner that complies with the 


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1 applicable requirements of the Federal Food, Drug, 

2 and Cosmetic Act (21 U.S.C. 301 et seq.) and of 

3 section 351 of the Public Health Service Act (42 

4 U.S.C. 262), shall develop a plan to receive and dis5 pense medical countermeasures to individuals em6 ployed by the executive agency— 

7 (A) if the individuals work in a covered 

8 Federal facility that is likely the target, or lo9 cated in an area that is likely a target, of an 

10 act of terrorism involving a biological agent or 

11 toxin; or 

12 (B) in the event of a naturally occurring 

13 outbreak of an infectious disease that may re14 sult in a national epidemic. 

15 (2) CONTENTS.—The plans developed under 

16 paragraph (1) shall identify individuals in the cov17 ered Federal facility who will be performing receiv18 ing and dispensing of medical countermeasures to 

19 employees. 

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

21 Human Services, in coordination with the Secretary 

22 of Homeland Security, shall review and approve the 

23 plans developed under paragraph (1). 

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

25 of each executive agency shall conduct exercises of 


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1 the plan developed by the head of the executive 

2 agency under paragraph (1). 

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

4 and Human Services, in coordination with Secretary of 

5 Homeland Security, shall establish a set of best practices 

6 to guide and promote medical countermeasure dispensing 

7 capabilities among private sector entities. 

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

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

10 Human Services, in coordination with the Secretary of 

11 Homeland Security, shall submit to the appropriate com12 mittees of Congress a report on the implementation of this 

13 section. 

14 SEC. 205. PERSONAL MEDKITS FOR EMERGENCY RESPONSE 

15 PROVIDERS AND MEMBERS OF PREPARED16 NESS ORGANIZATIONS. 

17 (a) IN GENERAL.—Title III of the Homeland Secu18 rity Act of 2002 (6 U.S.C. 181 et seq.), as amended by 

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

20 following: 

21 ‘‘SEC. 320. PERSONAL MEDKITS FOR EMERGENCY RE22 SPONSE PROVIDERS AND MEMBERS OF PRE23 PAREDNESS ORGANIZATIONS. 

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


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

3 ‘‘(A) the Committee on Homeland Security 

4 and Governmental Affairs and the Committee 

5 on Health, Education, Labor, and Pensions of 

6 the Senate; and 

7 ‘‘(B) the Committee on Homeland Security 

8 and the Committee on Energy and Commerce 

9 of the House of Representatives; 

10 ‘‘(2) the term ‘immediate family member’ 

11 means an individual who is a cohabitating family 

12 member or domestic partner; 

13 ‘‘(3) the term ‘preparedness organization’ 

14 means an organization that contributes to State or 

15 local preparedness for an emergency or major dis16 aster (as those terms are defined in section 102 of 

17 the Robert T. Stafford Disaster Relief and Emer18 gency Assistance Act (42 U.S.C. 5122)), including 

19 Community Emergency Response Teams, the Med20 ical Reserve Corps, the Fire Corps, and the citizen 

21 preparedness programs of the American Red Cross; 

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

24 used during a public health emergency; 


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1 ‘‘(5) the term ‘medkit program’ means the pro2 gram established under subsection (b); and 

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

4 a public health emergency declared by the Secretary 

5 of Health and Human Services under section 319 of 

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

7 ‘‘(b) ESTABLISHMENT.—The Secretary, in coordina8 tion with the Secretary of Health and Human Services 

9 and in a manner that complies with applicable require10 ments of the Federal Food, Drug, and Cosmetic Act (21 

11 U.S.C. 301 et seq.) and of section 351 of the Public 

12 Health Service Act (42 U.S.C. 262), shall establish a pro13 gram to distribute medkits to emergency response pro14 viders, members of preparedness organizations, and imme15 diate family members of an emergency response provider 

16 or member of a preparedness organization. 

17 ‘‘(c) MEDKIT PROGRAM COMPONENTS.— 

18 ‘‘(1) IN GENERAL.—An emergency response 

19 provider, member of a preparedness organization, or 

20 immediate family member of an emergency response 

21 provider or member of a preparedness organization 

22 participating in the medkit program shall— 

23 ‘‘(A) register with the Secretary; 

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

25 receive training regarding— 


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1 ‘‘(i) the proper use and dosing of 

2 medical countermeasures; 

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

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

5 and 

6 ‘‘(iv) any other topic determined ap7 propriate by the Secretary; 

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

9 undergo appropriate medical screening; and 

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

11 reasonable time period, as established by the 

12 Secretary. 

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

14 an annual inventory of medkits distributed under the 

15 medkit program. 

16 ‘‘(d) AUTHORIZATION AND CONTENTS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall coordi18 nate with the Secretary of Health and Human Serv19 ices and the Commissioner of Food and Drugs to— 

20 ‘‘(A) seek an emergency use authorization 

21 under section 564 of the Federal Food, Drug, 

22 and Cosmetic Act (21 U.S.C. 360bbb–3), if 

23 needed, to allow distribution and use of medkits 

24 under the medkit program; and 


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1 ‘‘(B) establish the appropriate contents for 

2 medkits distributed under the medkit program. 

3 ‘‘(2) CONTENT CONSIDERATION.—In estab4 lishing the appropriate contents for medkits under 

5 paragraph (1)(B), the Secretary, in coordination 

6 with the Secretary of Health and Human Services, 

7 shall— 

8 ‘‘(A) consider information available from 

9 any biological or bioterrorism risk assessments 

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

12 departments or the intelligence community; 

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

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

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

20 with the Secretary of Health and Human Serv21 ices, determines appropriate. 

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

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

25 on the implementation of this section. 


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

2 is authorized to be appropriated to the Secretary to carry 

3 out this section, $20,000,000 for each of fiscal years 2011 

4 through 2013.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

6 The table of contents in section 1(b) of the Homeland Se7 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

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

9 by section 106 of this Act, the following: 

‘‘Sec. 320. Personal medkits for emergency response providers and members of 

preparedness organizations.’’. 

10 SEC. 206. GENERAL PUBLIC MEDKIT PILOT PROGRAM. 

11 (a) DEFINITIONS.—In this section— 

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

13 a drug or biological product used to mitigate, pre14 vent, or treat harm from any biological agent (in15 cluding organisms that cause an infectious disease) 

16 or toxin or chemical, radiological, or nuclear agent 

17 that may cause a public health emergency; and 

18 (2) the term ‘‘medkit’’ means a cache of anti19 biotics and other medical countermeasures to be 

20 used during a public health emergency declared by 

21 the Secretary of Health and Human Services under 

22 section 319 of the Public Health Service Act (42 

23 U.S.C. 247d). 


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

2 Human Services, in coordination with the Secretary of 

3 Homeland Security, shall conduct a pilot program to study 

4 the feasibility of providing personal medkits to the public. 

5 (c) REQUIREMENTS.—In carrying out the pilot pro6 gram, the Secretary of Health and Human Services, in 

7 coordination with the Secretary of Homeland Security and 

8 in a manner that complies with applicable requirements 

9 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

10 301 et seq.) and of section 351 of the Public Health Serv11 ice Act (42 U.S.C. 262), shall ensure that— 

12 (1) enrollment of participants in the pilot pro13 gram encompasses a diverse range of municipality 

14 sizes, various geographic locations, and different so15 cioeconomic statuses; 

16 (2) the number of enrolled participants in the 

17 program shall be expanded significantly beyond the 

18 number of those enrolled in the 2006 St. Louis 

19 Medkit evaluation study, conducted by the Centers 

20 for Disease Control and Prevention; 

21 (3) the program shall evaluate the ability of 

22 households to maintain medkits in the home as di23 rected and reserve for emergency use; and 

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

25 required to receive training regarding— 


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1 (A) proper use and dosing of medical coun2 termeasures; 

3 (B) reporting of use of medkits; 

4 (C) proper storage of medkits; and 

5 (D) any other information that the Sec6 retary of Health and Human Services and the 

7 Secretary of Homeland Security determine ap8 propriate. 

9 (d) AUTHORIZATION AND CONTENT.—The Secretary 

10 of Health and Human Services and the Secretary of 

11 Homeland Security shall coordinate with the Commis12 sioner of Food and Drugs— 

13 (1) to seek an emergency use authorization 

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

15 Cosmetic Act (21 U.S.C. 360bbb–3), if needed, to 

16 allow distribution of medkits for the purpose of the 

17 pilot program; and 

18 (2) to establish the appropriate contents of 

19 medkits to the public for the pilot program. 

20 (e) REPORT.— 

21 (1) APPROPRIATE COMMITTEES OF CON22 GRESS.—In this subsection, the term ‘‘appropriate 

23 committees of Congress’’ means— 

24 (A) the Committee on Homeland Security 

25 and Governmental Affairs and the Committee 


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1 on Health, Education, Labor, and Pensions of 

2 the Senate; and 

3 (B) the Committee on Homeland Security 

4 and the Committee on Energy and Commerce 

5 of the House of Representatives. 

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

7 completion of the program under this section, the 

8 Secretary of Health and Human Services, in coordi9 nation with the Secretary of Homeland Security, 

10 shall submit to the appropriate committees of Con11 gress a report on the conclusions of such program. 

12 The report shall include recommendations and con13 clusions on the feasibility of creating a national 

14 medkit program, through which medkits would be 

15 distributed widely to the public. 

16 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated such sums as may be 

18 necessary to carry out this section. 

19 SEC. 207. REPORT ON THE USE OF EXPIRING COUNTER20 MEASURES. 

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

22 Human Services shall contract with the Director of the 

23 Institute of Medicine to conduct a study to be completed 

24 not later than 1 year after the date of enactment of this 

25 Act that examines the feasibility and effectiveness of alterVerDate Nov 24 2008 03:27 Apr 17, 2010 Jkt 089200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H5057.IH H5057

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1 native uses of medical countermeasures (as defined in sec2 tion 319N of the Public Health Service Act, as added by 

3 section 201 of this Act), including vaccines, in the Stra4 tegic National Stockpile before the expiration of the med5 ical countermeasures. 

6 (b) AREAS.—The study under subsection (a) shall in7 clude the examination of— 

8 (1) the effectiveness of allowing States to access 

9 medical countermeasures approaching expiration in 

10 a timely way to allow emergency response providers 

11 (as defined in section 2 of the Homeland Security 

12 Act of 2002 (6 U.S.C. 101)) in those States to vol13 untarily choose pre-event or post-event vaccination 

14 or treatment; and 

15 (2) the ability of States to effectively determine 

16 which personnel should receive pre-event treatment 

17 using the medical countermeasures approaching ex18 piration from the Strategic National Stockpile. 

19 Subtitle B—Bioforensics 

20 Capabilities and Strategy 

21 SEC. 211. BIOFORENSICS CAPABILITIES AND STRATEGY. 

22 (a) IN GENERAL.—Title III of the Homeland Secu23 rity Act of 2002 (6 U.S.C. 181 et seq.), as amended by 

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

25 following: 


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

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

3 ‘‘(1) the term ‘appropriate committees of Con4 gress’ means— 

5 ‘‘(A) the Committee on Homeland Security 

6 and Governmental Affairs, the Committee on 

7 the Judiciary, the Committee on Health, Edu8 cation, Labor, and Pensions, the Committee on 

9 Agriculture, Nutrition, and Forestry, and the 

10 Committee on Armed Services of the Senate; 

11 and 

12 ‘‘(B) the Committee on Homeland Secu13 rity, the Committee on the Judiciary, the Com14 mittee on Energy and Commerce, the Com15 mittee on Agriculture, and the Committee on 

16 Armed Services of the House of Representa17 tives; 

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

19 discipline dedicated to analyzing evidence from a bio20 terrorism act, biological agent or toxin based crimi21 nal act, or inadvertent biological agent or toxin re22 lease for attribution purposes; 

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

24 Center’ means the National Bioforensics Analysis 

25 Center established under subsection (b); 


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

2 collection’ means the national bioforensics repository 

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

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

5 means the national bioforensics strategy developed 

6 under subsection (d)(1). 

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

9 Analysis Center which shall— 

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

12 the executive agency with primary responsibility for 

13 responding to the biological incident; 

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

16 agents and toxins for comparative bioforensic identi17 fications; and 

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

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

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

23 Analysis Center shall maintain a national 

24 bioforensics repository collection. 


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

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

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

7 comparative bioforensic identifications; and 

8 ‘‘(C) support threat agent characterization 

9 studies and bioforensic assay development. 

10 ‘‘(3) PARTICIPATION.— 

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

12 Attorney General, the Secretary of Health and 

13 Human Services, the Secretary of Agriculture, 

14 the Secretary of Defense, and the head of any 

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

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

19 characterization studies, or development of bio20 forensic assays shall provide samples of relevant 

21 biological agents and toxins, as determined by 

22 the Secretary, in consultation with the head of 

23 the executive agency possessing the agent or 

24 toxin, which shall not include any variola virus, 

25 to the national bioforensics repository collection. 


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1 ‘‘(B) OTHER BIOLOGICAL AGENTS AND

2 TOXINS.—The Secretary shall encourage the 

3 contribution of public and private biological 

4 agent and toxin collections to the national 

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

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

9 ‘‘(4) ACCESS.—The Secretary shall— 

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

12 bioforensics repository collection with access to 

13 the national bioforensics repository collection; 

14 and 

15 ‘‘(B) establish a mechanism to provide 

16 public and private entities with access to the 

17 national bioforensics repository collection, as 

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

20 repository collection, with appropriate protec21 tion for intellectual property rights. 

22 ‘‘(5) REPORT.— 

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

24 days after the date of enactment of this section, 

25 the Secretary, in consultation with the Attorney 


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1 General, the Secretary of Health and Human 

2 Services, the Secretary of Agriculture, the Sec3 retary of Defense, and the head of any other 

4 appropriate executive agency that will partici5 pate in or contribute to the national 

6 bioforensics repository collection, shall submit 

7 to the appropriate committees of Congress a re8 port regarding the national bioforensics reposi9 tory collection. 

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

11 under subparagraph (A) shall— 

12 ‘‘(i) discuss the status of the estab13 lishment of the national bioforensics repos14 itory collection; 

15 ‘‘(ii) identify domestic and inter16 national biological agent and toxin collec17 tions that would prove useful in carrying 

18 out the functions of the national 

19 bioforensics repository collection; 

20 ‘‘(iii) examine any access or participa21 tion issues affecting the establishment of 

22 the national bioforensics repository collec23 tion or the ability to support bioforensic 

24 analysis, threat characterization studies, or 

25 bioforensic assay development, including— 


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1 ‘‘(I) intellectual property con2 cerns; 

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

6 contract; 

7 ‘‘(III) costs for the national 

8 bioforensics repository collection asso9 ciated with accessing domestic and 

10 international biological agent and 

11 toxin collections; 

12 ‘‘(IV) costs incurred by domestic 

13 and international biological agent and 

14 toxin collections to allow broad access 

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

18 ‘‘(V) access to the national 

19 bioforensics repository collection by 

20 public and private researchers to sup21 port threat characterization studies 

22 and bioforensic assay development; 

23 and 

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


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1 ‘‘(d) NATIONAL BIOFORENSIC STRATEGY.— 

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

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

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

8 and maintain a national bioforensics strategy. 

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

10 strategy shall— 

11 ‘‘(A) provide for a coordinated approach 

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

14 act, biological agent or toxin based criminal act, 

15 or inadvertent biological agent or toxin release 

16 for attribution purposes; 

17 ‘‘(B) describe the roles and responsibilities 

18 of all relevant executive agencies; 

19 ‘‘(C) establish mechanisms, in coordination 

20 with State, local, and tribal governments, for 

21 coordinating with law enforcement agencies in 

22 analyzing bioforensic evidence; 

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


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1 ‘‘(E) provide for a coordinated approach 

2 across all executive agencies to support threat 

3 agent characterization research, funding, and 

4 assay development. 

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

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

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

9 of Agriculture, the Secretary of Defense, and the 

10 head of any other appropriate executive agency, as 

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

13 bioforensics strategy. 

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

15 are authorized to be appropriated such sums as may be 

16 necessary to carry out this section.’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

21 by section 205 of this Act, the following: 

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


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1 Subtitle C—Communications 

2 Planning 

3 SEC. 221. COMMUNICATIONS PLANNING. 

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

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

6 at the end the following: 

7 ‘‘SEC. 525. COMMUNICATIONS PLANNING. 

8 ‘‘(a) INCORPORATION OF COMMUNICATIONS

9 PLANS.— 

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

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

13 each operational plan developed under sections 

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

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

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

22 other potentially catastrophic events. 

23 ‘‘(2) CONSULTATION.—In developing commu24 nications plans under paragraph (1), the Adminis25 trator shall consult with State, local, and tribal govVerDate Nov 24 2008 03:27 Apr 17, 2010 Jkt 089200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H5057.IH H5057

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

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

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

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

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

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

16 ‘‘(2) DEVELOPMENT AND DESIGN.—The 

17 prescripted messages or message templates shall— 

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

19 determines appropriate, in consultation with 

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

22 agencies that have responsibilities under the 

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


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

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

6 issues of immediate health and safety; and 

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

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

11 disaster or incident. 

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

13 prescripted messages or message templates required under 

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

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

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

18 infrastructure is unusable as a result of the nature 

19 of a disaster or incident; and 

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

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


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

3 prescripted messages and message templates developed 

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

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

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

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

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

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

15 the National Exercise Program described in section 648 

16 of the Post-Katrina Emergency Management Reform Act 

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

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

19 of the enactment of this section, the Administrator shall 

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

22 Homeland Security of the House of Representatives a copy 

23 of the communications plans required to be developed 

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


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

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

3 other man-made disaster.’’. 

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

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

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

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

8 SEC. 222. PLUME MODELING. 

9 (a) DEFINITIONS.—In this section— 

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

12 (A) the Committee on Homeland Security 

13 and Governmental Affairs, the Committee on 

14 Energy and Natural Resources, the Committee 

15 on Armed Services, and the Committee on 

16 Health, Education, Labor, and Pensions of the 

17 Senate; and 

18 (B) the Committee on Homeland Security, 

19 the Committee on Energy and Commerce, and 

20 the Committee on Armed Services of the House 

21 of Representatives; 

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

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


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

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

4 Homeland Security determines appropriate; and 

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

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

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

11 (b) DEVELOPMENT.— 

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

13 Security shall develop and disseminate integrated 

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

16 explosion or release. 

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

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

22 State, local, and tribal governments to enable 

23 immediate response to a nuclear, radiological, 

24 chemical, or biological incident; and 


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

3 of the integrated plume models described in 

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

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

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

12 (A) the Secretary of Energy, the Secretary 

13 of Defense, the Secretary of Health and Human 

14 Services, the Secretary of Commerce, and the 

15 heads of other executive agencies determined 

16 appropriate by the Secretary of Homeland Se17 curity; and 

18 (B) State, local, and tribal governments 

19 and nongovernmental organizations. 

20 (c) EXERCISES.—The Secretary of Homeland Secu21 rity shall ensure that the development and dissemination 

22 of integrated plume models are assessed during exercises 

23 administered by the Department of Homeland Security. 

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

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


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1 for 3 years, the Secretary of Homeland Security shall sub2 mit to the appropriate committees of Congress a report 

3 regarding— 

4 (1) the development and dissemination of inte5 grated plume models under this section; and 

6 (2) lessons learned from assessing the develop7 ment and dissemination of integrated plume models 

8 during exercises administered by the Department of 

9 Homeland Security, and plans for improving the de10 velopment and dissemination of integrated plume 

11 models, as appropriate. 

12 TITLE III—INTERNATIONAL 

13 MEASURES TO PREVENT BIO14 LOGICAL TERRORISM 

15 Subtitle A—Prevention and Protec16 tion Against International Bio17 logical Threats 

18 SEC. 301. INTERNATIONAL THREAT ASSESSMENT: TIER I 

19 PATHOGEN FACILITIES. 

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

21 of the enactment of this Act, the Director of National In22 telligence, in consultation with the Secretary of State, the 

23 Secretary of Defense, the Secretary of Homeland Security, 

24 the Secretary of Health and Human Services, the Sec25 retary of Agriculture, and the heads of other appropriate 


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1 Federal agencies, shall complete a global review of inter2 national biological security threats to the United States. 

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

4 (1) assess global biological risks, including by 

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

7 as— 

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

10 (B) the location of highest risk pathogen 

11 collections; and 

12 (C) the location of biological laboratories 

13 operating with inadequate security measures; 

14 and 

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

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

18 under this section as new or revised intelligence becomes 

19 available, but not less frequently than biennially. 

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

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

22 and biennially thereafter, the Director shall submit the 

23 classified review or update to— 

24 (1) the Select Committee on Intelligence of the 

25 Senate; 


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1 (2) the Committee on Armed Services of the 

2 Senate; 

3 (3) the Committee on Foreign Relations of the 

4 Senate; 

5 (4) the Permanent Select Committee on Intel6 ligence of the House of Representatives; 

7 (5) the Committee on Armed Services of the 

8 House of Representatives; and 

9 (6) the Committee on Foreign Affairs of the 

10 House of Representatives. 

11 (e) SUBMISSION OF UNCLASSIFIED SUMMARY AND

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

13 date of the enactment of this Act, and biennially there14 after, the Director shall submit an unclassified report and 

15 a classified annex summarizing the review or update to— 

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

17 (2) the Committee on Health, Education, 

18 Labor, and Pensions of the Senate; 

19 (3) the Committee on Homeland Security and 

20 Governmental Affairs of the Senate; 

21 (4) the Committee on Agriculture of the House 

22 of the Representatives; 

23 (5) the Committee on Energy and Commerce of 

24 the House of Representatives; and 


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1 (6) the Committee on Homeland Security of the 

2 House of Representatives. 

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

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

5 five years after the date of the enactment of this Act. 

6 SEC. 302. STRENGTHENING INTERNATIONAL BIOSECURITY. 

7 (a) TECHNICAL AND FINANCIAL ASSISTANCE AU8 THORIZED.—The Secretary of State, in coordination with 

9 the Secretary of Health and Human Services, the Sec10 retary of Defense, the Secretary of Agriculture, the Sec11 retary of Homeland Security, and other appropriate agen12 cies, shall provide technical and financial assistance, in13 cluding the activities described in subsection (b), to coun14 tries or regions identified by the Threat Assessment man15 dated in section 301. 

16 (b) AUTHORIZED ACTIVITIES.— 

17 (1) REDUCING AND SECURING DANGEROUS

18 PATHOGEN COLLECTIONS.—The Secretary of State 

19 shall— 

20 (A) provide assistance to remove or con21 solidate an agent or toxin designated as a Tier 

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

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

24 Agricultural Bioterrorism Protection Act of 

25 2002 (in this subtitle referred to as a ‘‘Tier I 


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1 agent’’) and other dangerous pathogen collec2 tions spread among multiple locations within a 

3 country or region into facilities with appropriate 

4 safety and security; 

5 (B) provide assistance to replace dan6 gerous or obsolete pathogen isolation techniques 

7 with modern diagnostic tools to improve safety 

8 and security and to reduce the number and size 

9 of dangerous pathogen collections in high risk 

10 regions and countries; 

11 (C) encourage countries to eliminate stores 

12 of Tier I agents and other dangerous pathogen 

13 collections in exchange for facilitating access to 

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

15 facilities; 

16 (D) provide assistance to identify and se17 cure Tier I agents and other dangerous patho18 gen collections in high risk regions and coun19 tries; and 

20 (E) carry out such other activities as the 

21 Secretary of State considers necessary to 

22 achieve the purposes of this subtitle. 

23 (2) PREVENTION AND PROTECTION.—The Sec24 retary of State shall— 


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1 (A) raise awareness of international bio2 logical threats with foreign governments, aca3 demic institutions, and industrial laboratories 

4 that possess, use, or transfer Tier I agents and 

5 other dangerous pathogen collections through 

6 conferences, seminars and workshops; 

7 (B) provide biosecurity upgrades at high 

8 risk laboratories; 

9 (C) train foreign partners in high risk re10 gions on best laboratory biosecurity practices 

11 within facilities that possess, use, or transfer 

12 Tier I agents and other dangerous pathogen 

13 collections; 

14 (D) assist foreign countries in establishing 

15 personnel reliability measures, as part of a com16 prehensive laboratory management system; 

17 (E) partner with foreign governments, lab18 oratories, and scientists in activities that 

19 strengthen and reinforce best biological safety 

20 and security practices within facilities that pos21 sess, use, or transfer Tier I agents and other 

22 dangerous pathogen collections; 

23 (F) enhance information sharing through 

24 regular meetings of relevant United States and 

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1 ter expertise on pathogen security and labora2 tory best practices in high risk regions; 

3 (G) increase support for United States 

4 science and technology agreements and initia5 tives in high risk regions and countries, includ6 ing collaborative projects in the areas of bioter7 rorism prevention, infectious disease control, 

8 disease surveillance, bioforensics, laboratory bio9 safety, and hazardous waste management; and 

10 (H) develop laboratory biosafety and bio11 security standards and guidelines, including 

12 personnel reliability measures, for facilities that 

13 possess, use, or transfer Tier I agents and 

14 other dangerous pathogen collections. 

15 (3) SCIENCE AND TECHNOLOGY EXCHANGE.— 

16 The Secretary of State shall— 

17 (A) promote research and development col18 laboration on highly infectious human, animal 

19 and plant disease agents in facilities with ap20 propriate safety and security measures; 

21 (B) provide opportunities for foreign sci22 entists, particularly those located in highest risk 

23 countries identified in section 301, to receive 

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1 ating procedures, and maintenance for high 

2 containment facilities; and 

3 (C) facilitate the secure exchange of re4 search samples between laboratories in the 

5 United States and foreign national laboratories 

6 for the development of vaccines and diagnostics 

7 for Tier I agents and other dangerous patho8 gens. 

9 SEC. 303. PROMOTING SECURE BIOTECHNOLOGY ADVANCE10 MENT. 

11 (a) PLAN TO PROMOTE INTERNATIONAL ADHER12 ENCE TO INTERNATIONAL AGREEMENTS.—The Secretary 

13 of State, in coordination with appropriate agencies, shall 

14 produce and implement a plan for promoting international 

15 adherence to, and implementation of, frameworks, trea16 ties, and other international agreements regarding weap17 ons of mass destruction, including the Biological Weapons 

18 Convention, World Health Organization International 

19 Health Regulations, and United Nations Security Council 

20 Resolution 1540. 

21 (b) BIOTECHNOLOGY DISCUSSIONS.— 

22 (1) IN GENERAL.—The Secretary of State, in 

23 coordination with appropriate agencies, shall pursue 

24 discussions with government, academic, and industry 

25 representatives in countries that possess established 


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1 or emerging biotechnology sectors or are identified 

2 as high-risk countries in the Threat Assessment re3 quired under section 301. 

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

5 paragraph (1) shall include— 

6 (A) multilateral initiatives intended to pro7 mote safe and secure biotechnology; 

8 (B) norms and safeguards necessary to 

9 prevent the misuse of biotechnology; 

10 (C) multilateral initiatives intended to 

11 counter the threat of biological terrorism; and 

12 (D) other topics on international biosecu13 rity that the Secretary of State considers to be 

14 relevant. 

15 Subtitle B—Global Pathogen 

16 Surveillance 

17 SEC. 321. SHORT TITLE. 

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

19 Surveillance Act of 2010’’. 

20 SEC. 322. FINDINGS; PURPOSE. 

21 (a) FINDINGS.—Congress makes the following find22 ings: 

23 (1) The frequency of the occurrence of biologi24 cal events that could threaten the national security 

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1 creasing. The threat to the United States from such 

2 events includes threats from diseases that infect hu3 mans, animals, or plants regardless of whether such 

4 diseases are introduced naturally, accidentally, or in5 tentionally. 

6 (2) Bioterrorism poses a grave national security 

7 threat to the United States. The insidious nature of 

8 a bioterrorist attack, the likelihood that the recogni9 tion of such an attack would be delayed, and the 

10 underpreparedness of the domestic public health in11 frastructure to respond to such an attack could re12 sult in catastrophic consequences following a biologi13 cal weapons attack against the United States. 

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

15 organization is carrying out a covert biological weap16 ons program is dependent on a number of indica17 tions and warnings. A critical component of this rec18 ognition is the timely detection of sentinel events 

19 such as community-level outbreaks that could be the 

20 earliest indication of an emerging bioterrorist pro21 gram in a foreign country. Early detection of such 

22 events may enable earlier counterproliferation inter23 vention. 

24 (4) A contagious pathogen engineered as a bio25 logical weapon and developed, tested, produced, or 


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1 released in a foreign country could quickly spread to 

2 the United States. Considering the realities of inter3 national travel, trade, and migration patterns, a 

4 dangerous pathogen appearing naturally, acciden5 tally, or intentionally anywhere in the world can 

6 spread to the United States in a matter of days, be7 fore any effective quarantine or isolation measures 

8 could be implemented. 

9 (5) To combat bioterrorism effectively and en10 sure that the United States is fully prepared to pre11 vent, recognize, and contain a biological weapons at12 tack or emerging infectious disease, measures to 

13 strengthen the domestic public health infrastructure 

14 and improve domestic event detection, surveillance, 

15 and response, while absolutely essential, are not suf16 ficient. 

17 (6) The United States should enhance coopera18 tion with the World Health Organization, regional 

19 international health organizations, and individual 

20 countries, including data sharing with appropriate 

21 agencies and departments of the United States, to 

22 help detect and quickly contain infectious disease 

23 outbreaks or a bioterrorism agent before such a dis24 ease or agent is spread. 


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1 (7) The World Health Organization has done 

2 an impressive job in monitoring infectious disease 

3 outbreaks around the world, notably in the April 

4 2000 establishment and subsequent operation of the 

5 Global Outbreak Alert and Response Network. 

6 (8) The capabilities of the World Health Orga7 nization depend on the timeliness and quality of the 

8 data and information the Organization receives from 

9 the countries that are members of the Organization, 

10 pursuant to the 2005 revision of the International 

11 Health Regulations. Developing countries, in par12 ticular, often lack the necessary resources to build 

13 and maintain effective public health infrastructures. 

14 (9) Developing countries could benefit from— 

15 (A) better trained public health profes16 sionals and epidemiologists to recognize disease 

17 patterns; 

18 (B) appropriate laboratory equipment for 

19 diagnosis of pathogens; 

20 (C) disease reporting systems that— 

21 (i) are based on disease and syndrome 

22 surveillance; and 

23 (ii) could enable an effective response 

24 to a biological event to begin at the earliest 

25 possible opportunity; 


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1 (D) a narrowing of the existing technology 

2 gap in disease and syndrome surveillance capa3 bilities, based on reported symptoms, and real4 time information dissemination to public health 

5 officials; and 

6 (E) appropriate communications equip7 ment and information technology to efficiently 

8 transmit information and data within national, 

9 international regional, and international health 

10 networks, including inexpensive, Internet-based 

11 geographic information systems and relevant 

12 telephone-based systems for early recognition 

13 and diagnosis of diseases. 

14 (10) An effective international capability to de15 tect, monitor, and quickly diagnose infectious disease 

16 outbreaks will offer dividends not only in the event 

17 of biological weapons development, testing, produc18 tion, and attack, but also in the more likely cases of 

19 naturally occurring infectious disease outbreaks that 

20 could threaten the United States. Furthermore, a 

21 robust surveillance system will serve to deter or con22 tain terrorist use of biological weapons, mitigating 

23 the intended effects of such malevolent uses. 

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

25 follows: 


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1 (1) To enhance the capability of the inter2 national community, through international health or3 ganizations and individual countries, to detect, iden4 tify, and contain infectious disease outbreaks, wheth5 er the cause of those outbreaks is intentional human 

6 action or natural in origin. 

7 (2) To enhance the training of public health 

8 professionals and epidemiologists from eligible devel9 oping countries in advanced Internet-based disease 

10 and syndrome surveillance systems, in addition to 

11 traditional epidemiology methods, so that such pro12 fessionals and epidemiologists may better detect, di13 agnose, and contain infectious disease outbreaks, es14 pecially such outbreaks caused by the pathogens that 

15 may be likely to be used in a biological weapons at16 tack. 

17 (3) To provide assistance to eligible developing 

18 countries to purchase appropriate communications 

19 equipment and information technology to detect, 

20 analyze, and report biological threats, including— 

21 (A) relevant computer equipment, Internet 

22 connectivity mechanisms, and telephone-based 

23 applications to effectively gather, analyze, and 

24 transmit public health information for infec25 tious disease surveillance and diagnosis; and 


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1 (B) appropriate computer equipment and 

2 Internet connectivity mechanisms— 

3 (i) to facilitate the exchange of Geo4 graphic Information Systems-based disease 

5 and syndrome surveillance information; 

6 and 

7 (ii) to effectively gather, analyze, and 

8 transmit public health information for in9 fectious disease surveillance and diagnosis. 

10 (4) To make available greater numbers of pub11 lic health professionals who are employed by the 

12 Government of the United States to international re13 gional and international health organizations, inter14 national regional and international health networks, 

15 and United States diplomatic missions, as appro16 priate. 

17 (5) To expand the training and outreach activi18 ties of United States laboratories located in foreign 

19 countries, including the Centers for Disease Control 

20 and Prevention or Department of Defense labora21 tories, to enhance the public health capabilities of 

22 developing countries. 

23 (6) To provide appropriate technical assistance 

24 to existing international regional and international 

25 health networks and, as appropriate, seed money for 


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1 new international regional and international net2 works. 

3 SEC. 323. DEFINITIONS. 

4 In this subtitle: 

5 (1) ELIGIBLE DEVELOPING COUNTRY.—The 

6 term ‘‘eligible developing country’’ means any devel7 oping country that— 

8 (A) has agreed to the objective of fully 

9 complying with requirements of the World 

10 Health Organization on reporting public health 

11 information on outbreaks of infectious diseases; 

12 (B) has not been determined by the Sec13 retary of State, for purposes of section 40 of 

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

15 section 620A of the Foreign Assistance Act of 

16 1961 (22 U.S.C. 2371), or section 6(j) of the 

17 Export Administration Act of 1979 (as in effect 

18 pursuant to the International Emergency Eco19 nomic Powers Act; 50 U.S.C. 1701 et seq.), to 

20 have repeatedly provided support for acts of 

21 international terrorism, unless the Secretary of 

22 State exercises a waiver certifying that it is in 

23 the national interest of the United States to 

24 provide assistance under the provisions of this 

25 subtitle; and 


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

2 Prohibition of the Development, Production and 

3 Stockpiling of Bacteriological (Biological) and 

4 Toxin Weapons and on Their Destruction, done 

5 at Washington, London, and Moscow April 10, 

6 1972 (26 UST 583). 

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

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

9 developing country who— 

10 (A) does not have a criminal background; 

11 (B) is not on any immigration or other 

12 United States watch list; and 

13 (C) is not affiliated with any foreign ter14 rorist organization. 

15 (3) INTERNATIONAL HEALTH ORGANIZATION.— 

16 The term ‘‘international health organization’’ in17 cludes the World Health Organization, regional of18 fices of the World Health Organization, and such 

19 similar international organizations as the Pan Amer20 ican Health Organization. 

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

22 means a facility for the biological, microbiological, 

23 serological, chemical, immunohematological, 

24 hematological, biophysical, cytological, pathological, 

25 or other medical examination of materials derived 


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1 from the human body for the purpose of providing 

2 information for the diagnosis, prevention, or treat3 ment of any disease or impairment of, or the assess4 ment of the health of, human beings. 

5 (5) DISEASE AND SYNDROME SURVEILLANCE.— 

6 The term ‘‘disease and syndrome surveillance’’ 

7 means the recording of clinician-reported symptoms 

8 (patient complaints) and signs (derived from phys9 ical examination and laboratory data) combined with 

10 simple geographic locators to track the emergence of 

11 a disease in a population. 

12 SEC. 324. ELIGIBILITY FOR ASSISTANCE. 

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

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

15 country under any provision of this subtitle only if the gov16 ernment of the eligible developing country— 

17 (1) permits personnel from the World Health 

18 Organization and the Centers for Disease Control 

19 and Prevention to investigate outbreaks of infectious 

20 diseases within the borders of such country; and 

21 (2) provides pathogen surveillance data to the 

22 appropriate agencies and departments of the United 

23 States and to international health organizations. 

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

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


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

2 United States to provide such a waiver. 

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

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

5 the Secretary of State provides to the Committee on For6 eign Relations of the Senate and the Committee on For7 eign Affairs of the House of Representatives written notice 

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

9 doing so. 

10 SEC. 325. RESTRICTION. 

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of this subtitle, no foreign national participating in 

13 a program authorized under this subtitle shall have access, 

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

15 or toxin described in section 73.4 of title 42, Code of Fed16 eral Regulations (or any corresponding similar regulation) 

17 or an overlap select agent or toxin described in section 

18 73.5 of such title (or any corresponding similar regulation) 

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

20 in a supervised and controlled setting. 

21 (b) RELATIONSHIP TO REGULATIONS.—The restric22 tion set out in subsection (a) may not be construed to limit 

23 the ability of the Secretary of Health and Human Services 

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1 sion, use, or transfer of a select agent or toxin or an over2 lap select agent or toxin described in such subsection. 

3 SEC. 326. FELLOWSHIP PROGRAM. 

4 (a) ESTABLISHMENT.—There is established a fellow5 ship program under which the Secretary of State, in con6 sultation with the Secretary of Health and Human Serv7 ices and the Secretary of Homeland Security and subject 

8 to the availability of appropriations, shall award fellow9 ships to eligible nationals to pursue public health edu10 cation or training, as follows: 

11 (1) MASTER OF PUBLIC HEALTH DEGREE.— 

12 Graduate courses of study leading to a master of 

13 public health degree with a concentration in epidemi14 ology from an institution of higher education in the 

15 United States with a Center for Public Health Pre16 paredness, as determined by the Director of the Cen17 ters for Disease Control and Prevention. 

18 (2) ADVANCED PUBLIC HEALTH EPIDEMIOLOGY

19 TRAINING.—Advanced public health training in epi20 demiology for public health professionals from eligi21 ble developing countries to be carried out at the 

22 Centers for Disease Control and Prevention, an ap23 propriate facility of a State, or an appropriate facil24 ity of another agency or department of the United 

25 States (other than a facility of the Department of 


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1 Defense or a national laboratory of the Department 

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

3 or more than 12 months. 

4 (b) SPECIALIZATION IN BIOTERRORISM RE5 SPONSE.—In addition to the education or training speci6 fied in subsection (a), each recipient of a fellowship under 

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

8 take courses of study at the Centers for Disease Control 

9 and Prevention or at an equivalent facility on diagnosis 

10 and containment of likely bioterrorism agents. 

11 (c) FELLOWSHIP AGREEMENT.— 

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

13 agreement with the Secretary of State under which 

14 the fellow agrees— 

15 (A) to maintain satisfactory academic 

16 progress, as determined in accordance with reg17 ulations issued by the Secretary of State and 

18 confirmed in regularly scheduled updates to the 

19 Secretary of State from the institution pro20 viding the education or training on the progress 

21 of the fellow’s education or training; 

22 (B) upon completion of such education or 

23 training, to return to the fellow’s country of na24 tionality or last habitual residence (so long as 

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1 plete at least 4 years of employment in a public 

2 health position in the government or a non3 governmental, not-for-profit entity in that coun4 try or, with the approval of the Secretary of 

5 State, complete part or all of this requirement 

6 through service with an international health or7 ganization without geographic restriction; and 

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

9 requirements described in subparagraph (A) or 

10 (B), the fellow shall reimburse the United 

11 States for the value of the assistance provided 

12 to the fellow under the fellowship program, to13 gether with interest at a rate that— 

14 (i) is determined in accordance with 

15 regulations issued by the Secretary of 

16 State; and 

17 (ii) is not higher than the rate gen18 erally applied in connection with other 

19 Federal loans. 

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

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

22 paragraph (1) on a case by case basis if the Sec23 retary of State determines that— 

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

25 United States to provide such a waiver; or 


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1 (B) humanitarian considerations require 

2 such a waiver. 

3 (d) AGREEMENT.—The Secretary of State, in con4 sultation with the Secretary of Health and Human Serv5 ices and the Secretary of Homeland Security, is authorized 

6 to enter into an agreement with the government of an eli7 gible developing country under which such government 

8 agrees— 

9 (1) to establish a procedure for the nomination 

10 of eligible nationals for fellowships under this sec11 tion; 

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

13 professional public health position within the devel14 oping country upon completion of the fellow’s stud15 ies; and 

16 (3) to submit to the Secretary of State a certifi17 cation stating that a fellow has concluded the min18 imum period of employment in a public health posi19 tion required by the fellowship agreement, including 

20 an explanation of how the requirement was met. 

21 (e) PARTICIPATION OF UNITED STATES CITIZENS.— 

22 On a case-by-case basis, the Secretary of State may pro23 vide for the participation of a citizen of the United States 

24 in the fellowship program under the provisions of this sec25 tion if— 


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

2 in the national interest of the United States to pro3 vide for such participation; and 

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

5 complete, at the conclusion of such participation, at 

6 least 5 years of employment in a public health posi7 tion in an eligible developing country or at an inter8 national health organization. 

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

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

11 Human Services, may elect to use existing programs of 

12 the Department of Health and Human Services to provide 

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

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

15 substantially met under such existing programs. 

16 SEC. 327. IN-COUNTRY TRAINING IN LABORATORY TECH17 NIQUES AND DISEASE AND SYNDROME SUR18 VEILLANCE. 

19 (a) LABORATORY TECHNIQUES.— 

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

21 consultation with the Secretary of Health and 

22 Human Services, the Secretary of Defense, and the 

23 Secretary of Homeland Security and in conjunction 

24 with elements of those departments that engage in 

25 activities of this type overseas, and subject to the 


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1 availability of appropriations, shall provide assist2 ance for short training courses for eligible nationals 

3 who are laboratory technicians or other public health 

4 personnel in laboratory techniques relating to the 

5 identification, diagnosis, and tracking of pathogens 

6 responsible for possible infectious disease outbreaks. 

7 (2) LOCATION.—The training described in 

8 paragraph (1) shall be held outside the United 

9 States and may be conducted in facilities of the Cen10 ters for Disease Control and Prevention located in 

11 foreign countries or in Overseas Medical Research 

12 Units of the Department of Defense, as appropriate. 

13 (3) COORDINATION WITH EXISTING PRO14 GRAMS.—The Secretary of State shall coordinate the 

15 training described in paragraph (1), where appro16 priate, with existing programs and activities of inter17 national health organizations. 

18 (b) DISEASE AND SYNDROME SURVEILLANCE.— 

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

20 consultation with the Secretary of Health and 

21 Human Services, the Secretary of Defense, and the 

22 Secretary of Homeland Security and in conjunction 

23 with elements of those departments that engage in 

24 activities of this type overseas, and subject to the 

25 availability of appropriations, shall establish and 


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1 provide assistance for short training courses for eli2 gible nationals who are health care providers or 

3 other public health personnel in techniques of dis4 ease and syndrome surveillance reporting and rapid 

5 analysis of syndrome information using geographic 

6 information system tools. 

7 (2) LOCATION.—The training described in 

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

9 in appropriate facilities located in a foreign country, 

10 as determined by the Secretary of State. 

11 (3) COORDINATION WITH EXISTING PRO12 GRAMS.—The Secretary of State shall coordinate the 

13 training described in paragraph (1), where appro14 priate, with existing programs and activities of inter15 national regional and international health organiza16 tions. 

17 SEC. 328. ASSISTANCE FOR THE PURCHASE AND MAINTE18 NANCE OF PUBLIC HEALTH LABORATORY 

19 EQUIPMENT AND SUPPLIES. 

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

21 provide, on such terms and conditions as the President 

22 may determine, assistance to eligible developing countries 

23 to purchase and maintain the public health laboratory 

24 equipment and supplies described in subsection (b). 


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1 (b) EQUIPMENT AND SUPPLIES COVERED.—The 

2 equipment and supplies described in this subsection are 

3 equipment and supplies that are— 

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

5 in the intended geographic area; 

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

7 expeditiously a broad array of pathogen strains, 

8 which may cause disease outbreaks or may be used 

9 in a biological weapon; 

10 (3) compatible with general standards set forth 

11 by the World Health Organization and, as appro12 priate, the Centers for Disease Control and Preven13 tion, to ensure interoperability with international re14 gional and international public health networks; and 

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

16 training, as such terms are defined in the Arms Ex17 port Control Act (22 U.S.C. 2751 et seq.). 

18 (c) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed to exempt the exporting of goods 

20 and technology from compliance with applicable provisions 

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

22 pursuant to the International Emergency Economic Pow23 ers Act; 50 U.S.C. 1701 et seq.). 

24 (d) LIMITATION.—Amounts appropriated to carry 

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1 chase from a foreign country of equipment or supplies 

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

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

4 or likely be barred or subject to special conditions under 

5 the Export Administration Act of 1979 (as in effect pursu6 ant to the International Emergency Economic Powers Act; 

7 50 U.S.C. 1701 et seq.). 

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

9 grant funds authorized under subsection (a), preference 

10 should be given to the purchase of equipment and supplies 

11 of United States manufacture. The use of amounts appro12 priated to carry out this section shall be subject to section 

13 604 of the Foreign Assistance Act of 1961 (22 U.S.C. 

14 2354). 

15 (f) COUNTRY COMMITMENTS.—The assistance pro16 vided under this section for equipment and supplies may 

17 be provided only if the eligible developing country that re18 ceives such equipment and supplies agrees to provide the 

19 infrastructure, technical personnel, and other resources re20 quired to house, maintain, support, secure, and maximize 

21 use of such equipment and supplies. 

22 SEC. 329. ASSISTANCE FOR IMPROVED COMMUNICATION 

23 OF PUBLIC HEALTH INFORMATION. 

24 (a) ASSISTANCE FOR PURCHASE OF COMMUNICATION

25 EQUIPMENT AND INFORMATION TECHNOLOGY.—The 


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1 President is authorized to provide, on such terms and con2 ditions as the President may determine, assistance to eligi3 ble developing countries to purchase and maintain the 

4 communications equipment and information technology 

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

6 necessary to effectively collect, analyze, and transmit pub7 lic health information. 

8 (b) COVERED EQUIPMENT.—The communications 

9 equipment and information technology described in this 

10 subsection are communications equipment and informa11 tion technology that— 

12 (1) are suitable for use under the particular 

13 conditions of the geographic area of intended use; 

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

15 Health Organization and, as appropriate, the Sec16 retary of Health and Human Services, to ensure 

17 interoperability with like equipment of other coun18 tries and international organizations; and 

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

20 training, as those terms are defined in the Arms Ex21 port Control Act (22 U.S.C. 2751 et seq.). 

22 (c) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed to exempt the exporting of goods 

24 and technology from compliance with applicable provisions 

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


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1 pursuant to the International Emergency Economic Pow2 ers Act; 50 U.S.C. 1701 et seq.). 

3 (d) LIMITATION.—Amounts appropriated to carry 

4 out this section shall not be made available for the pur5 chase from a foreign country of communications equip6 ment or information technology that, if made in the 

7 United States, would be subject to the Arms Export Con8 trol Act (22 U.S.C. 2751 et seq.) or likely be barred or 

9 subject to special conditions under the Export Administra10 tion Act of 1979 (as in effect pursuant to the Inter11 national Emergency Economic Powers Act; 50 U.S.C. 

12 1701 et seq.). 

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

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

15 given to the purchase of communications equipment and 

16 information technology of United States manufacture. The 

17 use of amounts appropriated to carry out this section shall 

18 be subject to section 604 of the Foreign Assistance Act 

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

20 (f) ASSISTANCE FOR STANDARDIZATION OF REPORT21 ING.—The President is authorized to provide, on such 

22 terms and conditions as the President may determine, 

23 technical assistance and grant assistance to international 

24 health organizations to facilitate standardization in the re25 porting of public health information between and among 


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1 developing countries and international health organiza2 tions. 

3 (g) COUNTRY COMMITMENTS.—The assistance pro4 vided under this section for communications equipment 

5 and information technology may be provided only if the 

6 eligible developing country that receives such equipment 

7 and technology agrees to provide the infrastructure, tech8 nical personnel, and other resources required to house, 

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

10 equipment and technology. 

11 SEC. 330. ASSIGNMENT OF PUBLIC HEALTH PERSONNEL TO 

12 UNITED STATES MISSIONS AND INTER13 NATIONAL ORGANIZATIONS. 

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

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

16 of an international regional or international health organi17 zation, and with the concurrence of the Secretary of State 

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

19 department of the United States may assign to the mis20 sion or the organization any officer or employee of the 

21 agency or department that occupies a public health posi22 tion within the agency or department for the purpose of 

23 enhancing disease and pathogen surveillance efforts in de24 veloping countries. 


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

2 agency or department of the United States by reason of 

3 the detail of personnel under subsection (a) may be reim4 bursed to that agency or department out of the applicable 

5 appropriations account of the Department of State if the 

6 Secretary of State determines that the agency or depart7 ment may otherwise be unable to assign such personnel 

8 on a non-reimbursable basis. 

9 SEC. 331. EXPANSION OF CERTAIN UNITED STATES GOV10 ERNMENT LABORATORIES ABROAD. 

11 (a) IN GENERAL.—Subject to the availability of ap12 propriations and with the concurrence of the government 

13 of each host country, the Director of the Centers for Dis14 ease Control and Prevention and the Secretary of Defense 

15 shall each— 

16 (1) increase the number of personnel assigned 

17 to laboratories of the Centers for Disease Control 

18 and Prevention or the Department of Defense, as 

19 appropriate, located in eligible developing countries 

20 that conduct research and other activities with re21 spect to infectious diseases; and 

22 (2) expand the operations of such laboratories, 

23 especially with respect to the implementation of on24 site training of foreign nationals and activities af25 fecting the region in which the country is located. 


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1 (b) COOPERATION AND COORDINATION BETWEEN

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

3 such a manner as to foster cooperation and avoid duplica4 tion between and among laboratories. 

5 SEC. 332. ASSISTANCE FOR INTERNATIONAL HEALTH NET6 WORKS AND EXPANSION OF FIELD EPIDEMI7 OLOGY TRAINING PROGRAMS. 

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

9 such terms and conditions as the President may deter10 mine, to provide assistance for the purposes of— 

11 (1) enhancing the surveillance and reporting ca12 pabilities of the World Health Organization and ex13 isting international regional and international health 

14 networks; and 

15 (2) developing new international regional and 

16 international health networks. 

17 (b) EXPANSION OF FIELD EPIDEMIOLOGY TRAINING

18 PROGRAMS.—The Secretary of Health and Human Serv19 ices is authorized to establish new country or regional 

20 international Field Epidemiology Training Programs in el21 igible developing countries, with the concurrence of the 

22 government of each host country. 

23 SEC. 333. REPORTS. 

24 Not later than 90 days after the date of enactment 

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


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1 the Secretary of Health and Human Services, the Sec2 retary of Defense, and the Secretary of Homeland Secu3 rity, shall submit to the Committee on Foreign Relations 

4 and the Committee on Homeland Security and Govern5 mental Affairs of the Senate and the Committee on For6 eign Affairs and the Committee on Homeland Security of 

7 the House of Representatives a report on the implementa8 tion of programs under this subtitle, including an estimate 

9 of the level of funding required to carry out such pro10 grams. 

11 SEC. 334. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject 

13 to subsection (b), there are authorized to be appropriated 

14 such sums as may be necessary to carry out this section 

15 and the amendments made by this section. 

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

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

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

21 Subtitle C—Strengthening the 

22 Oversight of Nuclear Non23 proliferation 

24 SEC. 351. DEFINITIONS. 

25 In this title: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Foreign Relations, 

5 the Committee on Homeland Security and Gov6 ernmental Affairs, the Committee on Armed 

7 Services, the Select Committee on Intelligence, 

8 the Committee on Energy and Natural Re9 sources, and the Committee on Environment 

10 and Public Works of the Senate; and 

11 (B) the Committee on Foreign Affairs, the 

12 Committee on Oversight and Government Re13 form, the Committee on Armed Services, the 

14 Permanent Select Committee on Intelligence, 

15 and the Committee on Energy and Commerce 

16 of the House of Representatives. 

17 (2) COMMISSION.—The term ‘‘Commission’’ 

18 means the Commission on the Prevention of Weap19 ons of Mass Destruction Proliferation and Terrorism 

20 established by section 1851 of the Implementing 

21 Recommendation of the 9/11 Commission Act of 

22 2007 (Public Law 110–53; 121 Stat. 501). 

23 (3) COORDINATOR.—The term ‘‘Coordinator’’ 

24 means the President’s Coordinator for the Preven25 tion of Weapons of Mass Destruction Proliferation 


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1 and Terrorism established by section 1841(b)(1) of 

2 the Implementing Recommendations of the 9/11 

3 Commission Act of 2007 (50 U.S.C. 2931(b)(1)). 

4 (4) DEPUTY COORDINATOR.—The term ‘‘Dep5 uty Coordinator’’ means the Deputy United States 

6 Coordinator for the Prevention of Weapons of Mass 

7 Destruction Proliferation and Terrorism established 

8 under section 1841(b)(2) of the Implementing Rec9 ommendations of the 9/11 Commission Act of 2007 

10 (50 U.S.C. 2931(b)(2)). 

11 (5) HIGHLY ENRICHED URANIUM.—The term 

12 ‘‘highly enriched uranium’’ means uranium that con13 tains at least 20 percent of the uranium isotope 235. 

14 (6) IAEA.—The term ‘‘IAEA’’ means the 

15 International Atomic Energy Agency. 

16 (7) SPECIAL NUCLEAR MATERIAL.—The term 

17 ‘‘special nuclear material’’ has the meaning given 

18 the term in section 11(aa) of the Atomic Energy Act 

19 of 1954 (42 U.S.C. 2014(aa)). 

20 SEC. 352. REPORT ON UNITED STATES NUCLEAR NON21 PROLIFERATION EFFORTS. 

22 (a) IN GENERAL.—Not later than 1 year after the 

23 date of the enactment of this Act, and annually thereafter, 

24 the Coordinator shall submit to the appropriate congres25 sional committees an unclassified report, with classified 


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1 annexes as necessary, on the findings and recommenda2 tions of the Commission described in subsection (b). 

3 (b) CONTENT.—The report required under subsection 

4 (a) shall include the following: 

5 (1) A description of the financial incentives the 

6 United States Government used during the previous 

7 year to promote civilian nuclear energy abroad, in8 cluding the types, amounts, and recipients of such 

9 financial incentives. 

10 (2) A description of the actions the United 

11 States Government has taken for improving the se12 cure civilian storage of, and minimizing the use and 

13 export of, weapons useable highly enriched uranium 

14 during the previous year, and the amount the United 

15 States Government spends annually to fuel United 

16 States civilian reactors that use highly enriched ura17 nium. 

18 (3) A description of the actions that have been 

19 taken by the United States Government to imple20 ment title V of the Nuclear Non-Proliferation Act of 

21 1978 (22 U.S.C. 3261 et seq.) during the previous 

22 year and any obstacles pertaining to its implementa23 tion with recommended actions. 

24 (4) A description of the steps the United States 

25 Government has taken during the previous year to 


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1 upgrade the physical security of civilian nuclear re2 actors in the United States that store or handle spe3 cial nuclear material. 

4 (5) A United States Government assessment of 

5 the capabilities of the IAEA, completed in consulta6 tion with all relevant United States Government 

7 agencies, including the Office of the Director of Na8 tional Intelligence, including— 

9 (A) the ability of IAEA to meet its own 

10 timely detection inspection goals; 

11 (B) the ability of IAEA to afford timely 

12 detection of possible military diversions and 

13 whether or not the IAEA has met its own time14 ly detection inspection goals; 

15 (C) recommendations for whether and how 

16 the IAEA should update its definitions of how 

17 much special nuclear material is needed to cre18 ate a nuclear bomb and how long it takes to 

19 convert such special nuclear material into nu20 clear bombs; and 

21 (D) recommendations regarding how the 

22 United States could improve the capabilities of 

23 the IAEA. 

24 (c) ABSENCE OF THE COORDINATOR AND THE DEP25 UTY COORDINATOR.—The President shall submit the reVerDate Nov 24 2008 03:27 Apr 17, 2010 Jkt 089200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H5057.IH H5057

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1 port required under this section if neither the Coordinator 

2 nor the Deputy Coordinator have been appointed pursuant 

3 to section 1841(b)(3) of the Implementing Recommenda4 tion of the 9/11 Commission Act of 2007 (50 U.S.C. 

5 2931(b)(3)). 

6 SEC. 353. REPORT ON UNITED STATES WORK WITH IAEA ON 

7 NUCLEAR NONPROLIFERATION. 

8 (a) IN GENERAL.—Not later than 1 year after the 

9 date of the enactment of this Act, the Coordinator shall 

10 submit to the appropriate congressional committees an un11 classified report, with classified annexes as necessary, on 

12 the findings and recommendations of the Commission 

13 under subsection (b). 

14 (b) CONTENT.—The report required under subsection 

15 (a) shall include details about the progress of the work 

16 of the United States Government with the IAEA Director 

17 General to— 

18 (1) establish a safeguards user fee, whereby 

19 countries with inspected facilities would be assessed 

20 a fee to help cover the costs of IAEA inspections; 

21 (2) assess whether the IAEA can meet its own 

22 inspection goals, whether those goals afford timely 

23 detection to account for a bomb’s worth of special 

24 nuclear material, whether there are situations in 

25 which achieving those goals is not possible, and what 


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1 corrective actions, if any, might help the IAEA to 

2 achieve its inspection goals; 

3 (3) promote transparency at suspect sites and 

4 to encourage IAEA member states to maintain a 

5 registry, made available to other IAEA members 

6 upon request, of all foreign visitors at safeguarded 

7 sites; 

8 (4) provide for the acquisition and implementa9 tion of near-real-time surveillance equipment in the 

10 use of safeguards, including at sites where nuclear 

11 fuel rods are located; 

12 (5) require that the transfer of all items on the 

13 Nuclear Suppliers Group dual-use and trigger lists 

14 be reported to the IAEA in advance and develop a 

15 system to process and analyze the information; and 

16 (6) provide recommendations on how the United 

17 States could improve the capabilities of the IAEA. 

18 (c) ABSENCE OF THE COORDINATOR AND THE DEP19 UTY COORDINATOR.—The President shall submit the re20 port required under this section if neither the Coordinator 

21 nor the Deputy Coordinator have been appointed pursuant 

22 to section 1841(b)(3) of the Implementing Recommenda23 tion of the 9/11 Commission Act of 2007 (50 U.S.C. 

24 2931(b)(3)). 


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1 SEC. 354. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out the reporting require4 ments under sections 352 and 353 for fiscal year 2010 

5 and each subsequent year thereafter. 

6 Subtitle D—Energy Development 

7 Program Implementation 

8 SEC. 361. FINDINGS. 

9 Congress finds that— 

10 (1) title V of the Nuclear Non-Proliferation Act 

11 of 1978 (22 U.S.C. 3261 et seq.) requires the 

12 United States to work with developing countries in 

13 assessing and finding ways to meet their energy 

14 needs through alternatives to nuclear energy that 

15 are consistent with economic factors, material re16 sources, and environmental protection; and 

17 (2) in December 2008, the Commission on the 

18 Prevention of Weapons of Mass Destruction Pro19 liferation and Terrorism noted that the Federal Gov20 ernment had failed to implement title V of that Act 

21 and recommended that the Federal Government im22 plement title V of that Act to help reduce the risk 

23 of nuclear proliferation. 

24 SEC. 362. DEFINITIONS. 

25 In this title: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Homeland Security 

5 and Governmental Affairs, the Committee on 

6 Foreign Relations, the Committee on Energy 

7 and Natural Resources, and the Committee on 

8 Appropriations of the Senate; and 

9 (B) the Committee on Oversight and Gov10 ernment Reform, the Committee on Foreign Af11 fairs, the Committee on Energy and Commerce, 

12 and the Committee on Appropriations of the 

13 House of Representatives. 

14 (2) ENERGY DEVELOPMENT PROGRAM.—The 

15 term ‘‘energy development program’’ means the pro16 gram established under title V of the Nuclear Non17 Proliferation Act of 1978 (22 U.S.C. 3261 et seq.). 

18 (3) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Energy, in cooperation with the 

20 Secretary of State and the Administrator of the 

21 United States Agency for International Develop22 ment. 

23 SEC. 363. ENERGY DEVELOPMENT PROGRAM IMPLEMENTA24 TION. 

25 (a) STRATEGIC AND IMPLEMENTATION PLANS.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary shall develop— 

4 (A) strategic plans for the energy develop5 ment program consistent with title V of the Nu6 clear Non-Proliferation Act of 1978 (22 U.S.C. 

7 3261 et seq.); and 

8 (B) implementation plans for the energy 

9 development program consistent with title V of 

10 that Act. 

11 (2) REVIEW OF PLANS.—Not later than 180 

12 days after the date of enactment of this Act, the 

13 Secretary shall submit the strategic and implementa14 tion plans to the appropriate congressional commit15 tees for review. 

16 (b) IMPLEMENTATION.—Not later than 180 days 

17 after the date on which the plans are submitted to the 

18 appropriate congressional committees for review under 

19 subsection (a), the Secretary shall implement the plans. 

20 (c) ALLOWANCES, PRIVILEGES, AND OTHER BENE21 FITS.— 

22 (1) IN GENERAL.—A Federal employee serving 

23 in an exchange capacity in the energy development 

24 program shall be considered to be detailed. 


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1 (2) EMPLOYING AGENCY.—For the purpose of 

2 preserving allowance, privileges, rights, seniority, 

3 and other benefits with respect to the Federal em4 ployee, the employee shall be— 

5 (A) considered an employee of the original 

6 employing agency; and 

7 (B) entitled to the pay, allowances, and 

8 benefits from funds available to the original em9 ploying agency. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as are nec12 essary to carry out this section for fiscal year 2010 and 

13 each fiscal year thereafter. 

14 SEC. 364. REPORTS. 

15 (a) ANNUAL REPORT.—Not later than 1 year after 

16 the date of implementation of the plans under section 

17 363(b) and every year thereafter, the Secretary shall re18 port annually to the appropriate congressional committees 

19 on the plans consistent with section 501 of the Nuclear 

20 Non-Proliferation Act of 1978 (22 U.S.C. 3261). 

21 (b) REPORT ON THE ALTERNATIVE ENERGY

22 CORPS.— 

23 (1) COOPERATIVE ACTIVITIES.—Not later than 

24 1 year after the date of implementation of the plans 

25 under section 363(b), the Secretary shall report to 


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1 the appropriate congressional committees on the fea2 sibility of expanding the cooperative activities estab3 lished pursuant to section 502(c) of the Nuclear 

4 Non-Proliferation Act of 1978 (22 U.S.C. 3262) into 

5 an international cooperative effort. 

6 (2) REQUIREMENTS.—The report required 

7 under paragraph (1) shall include an analysis and 

8 description of— 

9 (A) an Alternative Energy Corps that is 

10 designed to encourage large numbers of tech11 nically trained volunteers to live and work in 

12 developing countries for varying periods of time 

13 for the purpose of engaging in projects to aid 

14 in meeting the energy needs of those countries 

15 through— 

16 (i) the search for and use of non-nu17 clear indigenous energy resources; and 

18 (ii) the application of suitable tech19 nology, including the widespread use of re20 newable and unconventional energy tech21 nologies; and 

22 (B) other mechanisms that are available to 

23 coordinate an international effort to develop, 

24 demonstrate, and encourage the use of suitable 

25 technologies in developing countries. 


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1 TITLE IV—GOVERNMENT 

2 ORGANIZATION 

3 SEC. 401. INTELLIGENCE ON WEAPONS OF MASS DESTRUC4 TION. 

5 (a) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE COMMITTEES OF CON7 GRESS.—The term ‘‘appropriate committees of Con8 gress’’ means— 

9 (A) the Select Committee on Intelligence, 

10 the Committee on Appropriations, the Com11 mittee on Armed Services, and the Committee 

12 on Homeland Security and Governmental Af13 fairs of the Senate; and 

14 (B) the Permanent Select Committee on 

15 Intelligence, the Committee on Appropriations, 

16 the Committee on Armed Services, and the 

17 Committee on Homeland Security of the House 

18 of Representatives. 

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

20 the Director of National Intelligence. 

21 (3) INTELLIGENCE COMMUNITY.—The term 

22 ‘‘intelligence community’’ has the meaning given 

23 that term in section 3 of the National Security Act 

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


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1 (4) WEAPON OF MASS DESTRUCTION.—The 

2 term ‘‘weapon of mass destruction’’ has the meaning 

3 given that term in section 1403 of the Defense 

4 Against Weapons of Mass Destruction Act of 1996 

5 (50 U.S.C. 2302). 

6 (b) STRATEGY FOR IMPROVING INTELLIGENCE CAPA7 BILITIES.— 

8 (1) REQUIREMENT FOR STRATEGY.—Not later 

9 than 120 days after the date of the enactment of 

10 this Act, the Director shall develop, implement, and 

11 submit to the appropriate committees of Congress a 

12 strategy for improving the capabilities of the United 

13 States for the collection, analysis, and dissemination 

14 of intelligence related to weapons of mass destruc15 tion, including intelligence related to the relationship 

16 between weapons of mass destruction and terrorism. 

17 (2) ELEMENTS.—The strategy required by 

18 paragraph (1) shall include a description of each of 

19 the following: 

20 (A) Methods for recruitment, training, and 

21 retention of individuals with expertise in the 

22 collection, analysis, and dissemination of intel23 ligence related to weapons of mass destruction, 

24 including appropriate scientific and technical 

25 expertise. 


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1 (B) Methods for collaboration, as appro2 priate, with individuals with expertise described 

3 in subparagraph (A) who are employed by non4 governmental entities or who are foreign nation5 als. 

6 (C) Analytic questions and gaps in infor7 mation related to intelligence on weapons of 

8 mass destruction, including such intelligence 

9 concerning state actors and nonstate actors, 

10 such as smugglers, criminal enterprises, and 

11 financiers, that will be used to guide intelligence 

12 collection. 

13 (D) Activities for the development of inno14 vative human and technical intelligence collec15 tion capabilities and techniques. 

16 (E) Actions necessary to increase the effec17 tiveness and efficiency of the sharing of intel18 ligence on weapons of mass destruction 

19 throughout the intelligence community, includ20 ing a description of statutory, regulatory, pol21 icy, technical, security, or other barriers that 

22 prevent such sharing, and, as appropriate, the 

23 development of uniform standards across the 

24 intelligence community for such sharing. 


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1 (F) Actions necessary to identify and over2 come activities by a foreign government or per3 son to deny or deceive the intelligence commu4 nity concerning intelligence regarding weapons 

5 of mass destruction. 

6 (G) Specific objectives to be accomplished 

7 during each year of the first 5-year period after 

8 the strategy is submitted to the appropriate 

9 committees of Congress and tasks to accomplish 

10 such objectives, including— 

11 (i) a list prioritizing such objectives 

12 and tasks; and 

13 (ii) a schedule for meeting such objec14 tives and carrying out such tasks. 

15 (H) Assignments of roles and responsibil16 ities to elements of the intelligence community 

17 to implement the strategy. 

18 (I) The personnel, financial, and other re19 sources necessary to implement the strategy 

20 and a plan for obtaining such resources. 

21 (J) Metrics for measuring the effectiveness 

22 and efficiency of the strategy. 

23 (K) A schedule for assessment, review, 

24 and, as appropriate, revision of the strategy. 


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1 (3) REQUIREMENT TO CONSULT.—In devel2 oping the strategy required by paragraph (1), the 

3 Director shall consult with the Secretary of Home4 land Security, the Secretary of Defense, and other 

5 officials as the Director determines appropriate. 

6 (4) FORM.—The strategy required by para7 graph (1) may be submitted in a classified form. 

8 (c) REQUIREMENT FOR REPORTS.— 

9 (1) IN GENERAL.—Not less frequently than 

10 once during each 180-day period after the date of 

11 the submission of the strategy required by sub12 section (b)(1) to the appropriate committees of Con13 gress, the Director shall submit to the appropriate 

14 committees of Congress a report on the implementa15 tion of such strategy. 

16 (2) CONTENT.—Each report required by para17 graph (1) shall include the following: 

18 (A) An assessment of whether the objec19 tives and tasks referred to in subsection 

20 (b)(2)(G) have been accomplished in accordance 

21 with the proposed schedule. 

22 (B) Data corresponding to the metrics re23 quired by subsection (b)(2)(J) for measuring 

24 the effectiveness and efficiency of the strategy. 


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1 (C) An assessment of the actions of the 

2 elements of the intelligence community to im3 plement the strategy. 

4 (D) An assessment of whether the per5 sonnel, financial, and other resources available 

6 are sufficient to implement the strategy. 

7 (E) A description of any revisions to, or 

8 plans to revise, any component of the strategy. 

9 (3) SUNSET DATE.—The requirement set forth 

10 in paragraph (1) shall terminate three years after 

11 the date of the submission of the strategy required 

12 by subsection (b)(1) to the appropriate committees 

13 of Congress. 

14 SEC. 402. INTELLIGENCE COMMUNITY LANGUAGE CAPA15 BILITIES AND CULTURAL KNOWLEDGE. 

16 (a) DEFINITIONS.—In this section, the terms ‘‘appro17 priate committees of Congress’’, ‘‘Director’’, ‘‘intelligence 

18 community’’, and ‘‘weapons of mass destruction’’ have the 

19 meaning given such terms in section 401. 

20 (b) STRATEGY FOR IMPROVING LANGUAGE CAPA21 BILITIES AND CULTURAL KNOWLEDGE.— 

22 (1) REQUIREMENT FOR STRATEGY.—Not later 

23 than 180 days after the date of the enactment of 

24 this Act, the Director shall develop, implement, and 

25 submit to the appropriate committees of Congress a 


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1 strategy for improving the recruiting, training, and 

2 retention of employees of the elements of the intel3 ligence community who possess critical language ca4 pabilities and cultural backgrounds relevant to coun5 tering terrorism or collecting, analyzing, and dis6 seminating intelligence related to weapons of mass 

7 destruction, including individuals who are first or 

8 second-generation United States citizens and United 

9 States citizens with immediate relatives who are for10 eign nationals. 

11 (2) ELEMENTS.—The strategy required by 

12 paragraph (1) shall include a description of each of 

13 the following: 

14 (A) The current and projected needs of the 

15 intelligence community during the ten-year pe16 riod, beginning on the date the strategy is sub17 mitted to the appropriate committees of Con18 gress, for employees with critical language ca19 pabilities and cultural backgrounds relevant to 

20 countering terrorism or collecting, analyzing, 

21 and disseminating intelligence related to weap22 ons of mass destruction. 

23 (B) Actions necessary to recruit, train, and 

24 retain employees with such capabilities or back25 grounds. 


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1 (C) Barriers to effective recruitment, train2 ing, and retention of employees with such capa3 bilities or backgrounds, including security clear4 ance processing, and actions necessary to over5 come such barriers. 

6 (D) Specific objectives to be accomplished 

7 during each year of the first 5-year period be8 ginning on the date that the strategy is sub9 mitted to the appropriate committees of Con10 gress and tasks to accomplish such objectives, 

11 including— 

12 (i) a list prioritizing such objectives 

13 and tasks; and 

14 (ii) a schedule for meeting such objec15 tives and carrying out such tasks. 

16 (E) Assignments of roles and responsibil17 ities to elements of the intelligence community 

18 to carry out the strategy. 

19 (F) The personnel, financial, and other re20 sources necessary to implement the strategy, 

21 and a plan for obtaining such resources. 

22 (G) Metrics for measuring the effectiveness 

23 and efficiency of the strategy. 

24 (H) A schedule for assessment, review, 

25 and, as appropriate, revision of the strategy. 


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1 (c) REQUIREMENT FOR REPORTS.— 

2 (1) IN GENERAL.—Not less frequently than 

3 once during each 180-day period after the date of 

4 the submission of the strategy required by sub5 section (b)(1) to the appropriate committees of Con6 gress, the Director shall submit to the appropriate 

7 committees of Congress a report on the implementa8 tion of such strategy. 

9 (2) CONTENT.—Each report required by para10 graph (1) shall include the following: 

11 (A) An assessment of whether the objec12 tives referred to in subsection (b)(2)(D) have 

13 been accomplished in accordance with the pro14 posed schedule. 

15 (B) Data corresponding to the metrics re16 quired by subsection (b)(2)(G) for measuring 

17 the effectiveness and efficiency of the strategy. 

18 (C) An assessment of the actions by the 

19 elements of the intelligence community to im20 plement the strategy. 

21 (D) An assessment of whether the per22 sonnel, financial, and other resources available 

23 are sufficient to implement the strategy. 

24 (E) A description of any revisions to, or 

25 plans to revise, any component of the strategy. 


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1 (3) SUNSET DATE.—The requirement set forth 

2 in paragraph (1) shall terminate 5 years after the 

3 date of the submission of the strategy required by 

4 subsection (b)(1) to the appropriate committees of 

5 Congress. 

6 SEC. 403. COUNTERTERRORISM TECHNOLOGY ASSESS7 MENTS. 

8 (a) AGENCY DEFINED.—In this section, the term 

9 ‘‘agency’’ means any department, agency, or instrumen10 tality of the executive branch of the Government. 

11 (b) REQUIREMENT FOR INTERDISCIPLINARY CAPA12 BILITY OF THE CONGRESSIONAL RESEARCH SERVICE.— 

13 (1) IN GENERAL.—The Director of the Con14 gressional Research Service shall establish an inter15 disciplinary capability to further the Congressional 

16 Research Service’s responsibilities to advise Con17 gress pursuant to section 203(d) of the Legislative 

18 Reorganization Act of 1946 (2 U.S.C. 166(d)) con19 cerning technology or technological applications de20 veloped or used for countering terrorism. 

21 (2) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated to implement 

23 this subsection $2,000,000 for each of fiscal years 

24 2011 through 2013. 

25 (c) ASSESSMENTS OF AVAILABLE TECHNOLOGY.— 


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1 (1) REQUIREMENT FOR ASSESSMENTS.—Pursu2 ant to section 717 of title 31, United States Code, 

3 the Comptroller General of the United States shall 

4 conduct assessments of technology or technological 

5 applications that are— 

6 (A) being developed or used or are avail7 able to be used for countering terrorism by a 

8 program or activity that is carried out by an 

9 agency; or 

10 (B) proposed to be developed or used or 

11 are potentially available to be used pursuant 

12 to— 

13 (i) a legislative proposal under consid14 eration by a committee of the Senate or 

15 the House of Representatives; or 

16 (ii) a recommendation submitted to 

17 Congress by the President or an agency. 

18 (2) SCOPE OF ASSESSMENT.—Each assessment 

19 of a technology or technological application carried 

20 out under paragraph (1) shall evaluate the actual or 

21 anticipated impact, effectiveness, or efficiency of the 

22 technology or technological application for coun23 tering terrorism, including evaluating— 

24 (A) any test results related to the tech25 nology or technological application; 


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1 (B) any alternatives to the technology or 

2 technological application; 

3 (C) the actual or anticipated operational 

4 requirements of the technology or technological 

5 application, including the logistical needs, per6 sonnel training, and procedures for utilizing the 

7 technology or technological application; 

8 (D) the actual or anticipated costs, as 

9 compared to the actual or anticipated benefits 

10 of the technology or technological application; 

11 (E) any actual or anticipated counter12 measures to the technology or technological ap13 plication by terrorists; and 

14 (F) technology assessments or related re15 ports prepared by or for an agency for the tech16 nology or technological application. 

17 (3) TECHNOLOGY ASSESSMENT CAPABILITY.— 

18 (A) REQUIREMENT TO ESTABLISH.—The 

19 Comptroller General of the United States shall 

20 establish an interdisciplinary capability to per21 form the assessments required by paragraph (1) 

22 that includes officers and employees who have 

23 expertise in science, engineering, technology, 

24 homeland security, counterterrorism, or other 


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1 fields that the Comptroller General considers 

2 appropriate to conduct such assessments. 

3 (B) APPOINTMENT AND PROCUREMENT.— 

4 The Comptroller General shall appoint, pay, 

5 and assign officers and employees pursuant to 

6 subsection (a) of section 731 of title 31, United 

7 States Code, and may procure the services or 

8 assistance of experts and consultants pursuant 

9 to subsection (e) of such section, in order to ac10 quire the expertise in science, technology, or 

11 other fields necessary to conduct the assess12 ments required by paragraph (1). 

13 (4) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to implement 

15 this subsection $2,000,000 for each of fiscal years 

16 2011 through 2013. 

17 (d) ASSESSMENTS OF FUTURE TECHNOLOGY.— 

18 (1) REQUIREMENT FOR ASSESSMENTS.—The 

19 Comptroller General of the United States shall, as 

20 appropriate, enter into arrangements with the Na21 tional Academy of Sciences to assess technology and 

22 technological applications that are being developed 

23 or could be developed for purposes of countering ter24 rorism. 


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1 (2) SCOPE OF ASSESSMENTS.—Each assess2 ment carried out under paragraph (1) shall in3 clude— 

4 (A) determining trends related to the de5 velopment of technology or technological appli6 cations and their implications for countering 

7 terrorism; 

8 (B) identifying particular technology or 

9 technological applications that potentially may 

10 become available or are necessary for coun11 tering terrorism; and 

12 (C) recommending investments to be made 

13 by an agency in the development of particular 

14 technology or technological applications. 

15 (3) AUTHORIZATION OF APPROPRIATIONS.— 

16 There is authorized to be appropriated to implement 

17 this subsection $2,000,000 for each of fiscal years 

18 2011 through 2013. 

19 TITLE V—EMERGENCY MANAGE20 MENT AND CITIZEN ENGAGE21 MENT 

22 SEC. 501. COMMUNICATION OF THREAT INFORMATION AND 

23 ALERTS. 

24 (a) FINDING.—Congress finds that the Commission 

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1 liferation and Terrorism recommended that ‘‘the Federal 

2 Government should practice greater openness of public in3 formation so that citizens better understand the threat 

4 and the risk this threat poses to them.’’. 

5 (b) TERRORISM THREAT AWARENESS.—Section 203 

6 of the Homeland Security Act of 2002 (6 U.S.C. 124) is 

7 amended by adding at the end the following: 

8 ‘‘(c) TERRORISM THREAT AWARENESS.— 

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

10 Secretary, in coordination with the Attorney Gen11 eral, shall ensure that information concerning ter12 rorist threats is available to the general public with13 in the United States. 

14 ‘‘(2) THREAT BULLETINS.— 

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

16 requirements of subsection (b), the Secretary 

17 shall on a timely basis prepare unclassified ter18 rorism-related threat and risk assessments. 

19 ‘‘(B) REQUIREMENTS.—Each assessment 

20 required under subparagraph (A) shall— 

21 ‘‘(i) include guidelines for the general 

22 public for preventing and responding to 

23 acts of terrorism; and 

24 ‘‘(ii) be made available on the website 

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1 cessible websites, communication systems, 

2 and information networks. 

3 ‘‘(3) GUIDELINES FOR STATE, LOCAL, AND

4 TRIBAL GOVERNMENTS.—The Secretary shall pro5 vide to State, local, and tribal governments written 

6 guidelines on how to disseminate information about 

7 terrorism-related threats and risks to the general 

8 public within their jurisdictions. 

9 ‘‘(4) USE OF EXISTING RESOURCES.—The Sec10 retary shall use websites, communication systems, 

11 and information networks in operation on the date 

12 of an assessment under this subsection to satisfy the 

13 requirements of paragraph (2)(B)(ii).’’. 

14 (c) RESPONSIBILITIES OF THE SECRETARY.—Section 

15 201(d)(8) of the Homeland Security Act of 2002 (6 

16 U.S.C. 121(d)(8)) is amended by striking ‘‘and to agencies 

17 of State’’ and all that follows and inserting ‘‘to State, 

18 local, tribal, and private entities with such responsibilities, 

19 and, as appropriate, to the general public, in order to as20 sist in deterring, preventing, or responding to acts of ter21 rorism against the United States.’’. 

22 (d) REPORTING REQUIREMENT.—Not later than 180 

23 days after the date of enactment of this Act, the Secretary 

24 of Homeland Security shall submit to the Committee on 

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1 ate and the Committee on Homeland Security of the 

2 House of Representatives a report on the implementation 

3 of section 203 of the Homeland Security Act of 2002, as 

4 amended by subsection (b). 

5 SEC. 502. GUIDELINES CONCERNING WEAPONS OF MASS 

6 DESTRUCTION. 

7 (a) ESTABLISHMENT OF GUIDELINES.—Not later 

8 than 1 year after the date of enactment of this Act, the 

9 Secretary of Homeland Security shall— 

10 (1) develop guidelines, in coordination with 

11 State, local, and tribal governments and representa12 tives of emergency response provider organizations, 

13 for police, fire, emergency medical services, emer14 gency management, and public health personnel, for 

15 responding to an explosion or release of nuclear, bio16 logical, radiological, or chemical material; and 

17 (2) make the guidelines developed under para18 graph (1) available to State, local, and tribal govern19 ments, nongovernmental organizations, and the pri20 vate sector. 

21 (b) CONTENTS.—The guidelines developed under sub22 section (a)(1) shall contain, at a minimum— 

23 (1) protective action guidelines for ensuring the 

24 health and safety of emergency response providers; 


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1 (2) information regarding the effects of the bio2 logical, chemical, or radiological agent on those ex3 posed to the agent; and 

4 (3) information regarding how emergency re5 sponse providers and mass care facilities may most 

6 effectively deal with individuals affected by an inci7 dent involving a nuclear, biological, radiological, or 

8 chemical material. 

9 (c) REVIEW AND REVISION OF GUIDELINES.—The 

10 Secretary of Homeland Security shall— 

11 (1) not less frequently than every 2 years, re12 view the guidelines developed under subsection 

13 (a)(1); 

14 (2) make revisions to the guidelines as appro15 priate; and 

16 (3) make the revised guidelines available to 

17 State, local, and tribal governments, nongovern18 mental organizations, the private sector, and the 

19 general public. 

20 (d) PROCEDURES FOR DEVELOPING AND REVISING

21 GUIDELINES.—In carrying out the requirements of this 

22 section, the Secretary of Homeland Security shall estab23 lish procedures— 

24 (1) to inventory any existing relevant hazardous 

25 material response guidelines; 


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1 (2) to enable the public to submit recommenda2 tions of areas for which guidelines could be devel3 oped under subsection (a)(1); 

4 (3) to determine which entities should be con5 sulted in developing or revising the guidelines; 

6 (4) to prioritize, on a regular basis, guidelines 

7 that should be developed or revised; and 

8 (5) to develop and disseminate the guidelines in 

9 accordance with the prioritization under paragraph 

10 (4). 

11 (e) CONSULTATIONS.—The Secretary of Homeland 

12 Security shall develop and revise the guidelines developed 

13 under subsection (a)(1), and the procedures required 

14 under subsection (d), in consultation with— 

15 (1) the Secretary of Energy; 

16 (2) the Secretary of Health and Human Serv17 ices; 

18 (3) the Secretary of Defense; 

19 (4) other Federal departments and agencies, as 

20 appropriate; 

21 (5) the National Advisory Council established 

22 under section 508 of the Homeland Security Act of 

23 2002 (6 U.S.C. 318); 

24 (6) State, local, and tribal governments; and 


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1 (7) nongovernmental organizations and private 

2 industry. 

3 (f) REPORTING REQUIREMENTS.—Not later than 

4 180 days after the date of enactment of this Act, 1 year 

5 after such date of enactment, and annually thereafter, the 

6 Secretary of Homeland Security shall provide the Com7 mittee on Homeland Security and Governmental Affairs 

8 of the Senate and the Committee on Homeland Security 

9 of the House of Representatives with— 

10 (1) a description of the procedures established 

11 under subsection (d); 

12 (2) any guidelines in effect on the date of the 

13 report; 

14 (3) a list of entities that to which the guidelines 

15 described in paragraph (2) were disseminated; 

16 (4) a plan for reviewing the guidelines described 

17 in paragraph (2), in accordance with subsection (e); 

18 (5) the prioritized list of the guidelines required 

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

20 by the Secretary of Homeland Security for such 

21 prioritization; and 

22 (6) a plan for developing, revising, and dissemi23 nating the guidelines. 

24 (g) DEFINITION.—In this section, the term ‘‘emer25 gency response provider’’ has the meaning given that term 


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

2 U.S.C. 101). 

3 SEC. 503. INDIVIDUAL AND COMMUNITY PREPAREDNESS. 

4 (a) INDIVIDUAL AND COMMUNITY PREPAREDNESS.— 

5 Title V of the Homeland Security Act of 2002 (6 U.S.C. 

6 311 et seq.), as amended by section 221, is amended by 

7 adding at the end the following: 

8 ‘‘SEC. 526. INDIVIDUAL AND COMMUNITY PREPAREDNESS. 

9 ‘‘(a) IN GENERAL.—The Administrator shall assist 

10 State, local, and tribal governments in improving and pro11 moting individual and community preparedness for nat12 ural disasters, acts of terrorism, and other man-made dis13 asters, including incidents involving the use of weapons 

14 of mass destruction and other potentially catastrophic 

15 events, by— 

16 ‘‘(1) developing guidelines and checklists of rec17 ommended actions for individual and community 

18 prevention and preparedness efforts and dissemi19 nating such guidelines and checklists to communities 

20 and individuals; 

21 ‘‘(2) disseminating the guidelines developed 

22 under section 502 of the Weapons of Mass Destruc23 tion Prevention and Preparedness Act of 2010 to 

24 communities and individuals, as appropriate; 


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1 ‘‘(3) compiling and disseminating information 

2 on best practices in individual and community pre3 paredness; 

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 Administrator 

10 determines appropriate. 

11 ‘‘(b) COORDINATION.—Where appropriate, the Ad12 ministrator shall coordinate with private sector and non13 governmental organizations to promote individual and 

14 community preparedness. 

15 ‘‘(c) SUPPORT FOR VOLUNTARY PROGRAMS.—In car16 rying out the responsibilities described in subsection (a), 

17 the Administrator shall, where appropriate, work with and 

18 provide support to individual and community preparedness 

19 programs, such as the Community Emergency Response 

20 Team Program, Fire Corps, Medical Reserve Corps Pro21 gram, Volunteers in Police Service, USAonWatch-Neigh22 borhood Watch, and other voluntary programs, including 

23 those sponsored by nongovernmental organizations. 

24 ‘‘(d) DIRECTOR.—The Administrator shall appoint a 

25 Director of Community Preparedness to coordinate and 


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1 oversee the individual and community preparedness efforts 

2 of the Agency. 

3 ‘‘(e) GRANTS.— 

4 ‘‘(1) IN GENERAL.—The Administrator may 

5 make grants to States to support individual and 

6 community preparedness efforts, including through 

7 the Citizen Corps Program. 

8 ‘‘(2) APPROPRIATIONS.—There are authorized 

9 to be appropriated for grants under this section— 

10 ‘‘(A) $15,000,000 for fiscal year 2011; 

11 ‘‘(B) $20,000,000 for fiscal year 2012; and 

12 ‘‘(C) $20,000,000 for fiscal year 2013.’’. 

13 (b) ENHANCING PREPAREDNESS.—Section 504(a) of 

14 the Homeland Security Act of 2002 (6 U.S.C. 314(a)) is 

15 amended— 

16 (1) by redesignating paragraphs (20) and (21) 

17 as paragraphs (21) and (22), respectively; and 

18 (2) by inserting after paragraph (19) the fol19 lowing: 

20 ‘‘(20) enhancing and promoting the prepared21 ness of individuals and communities for natural dis22 asters, acts of terrorism, and other man-made disas23 ters;’’. 

24 (c) TABLE OF CONTENTS.—The table of contents in 

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


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1 U.S.C. 101 et seq.), as amended by section 221, is amend2 ed by inserting after the item relating to section 525 the 

3 following: 

‘‘Sec. 526. Individual and community preparedness.’’. 

Æ 


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