I 

111TH CONGRESS 

2D SESSION H. R. 5498 

To enhance homeland security by improving efforts to prevent, deter, prepare 

for, detect, attribute, respond to, and recover from an attack with a 

weapon of mass destruction, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 10, 2010 

Mr. PASCRELL (for himself, Mr. KING of New York, Mr. THOMPSON of Mississippi, Ms. CLARKE, and Mr. DANIEL E. LUNGREN of California) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on Energy and Commerce, Agriculture, Transportation and Infrastructure, Foreign Affairs, 

and Select Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To enhance homeland security by improving efforts to prevent, deter, prepare for, detect, attribute, respond to, 

and recover from an attack with a weapon of mass 

destruction, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘WMD Prevention and Preparedness Act of 2010’’. 


PWALKER on DSK8KYBLC1PROD with BILLS
2 

•HR 5498 IH

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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—INTELLIGENCE MATTERS 

Sec. 101. National intelligence strategy for countering the threat from weapons 

of mass destruction. 

Sec. 102. National intelligence strategy for countering biological threats. 

TITLE II—HOMELAND SECURITY MATTERS 

Sec. 201. Weapons of mass destruction prevention and preparedness. 

Sec. 202. Definitions. 

Sec. 203. Dual-use terrorist risks from synthetic genomics. 

Sec. 204. Dissemination of information analyzed by the Department to State, 

local, tribal, and private entities with responsibilities relating to 

homeland security. 

Sec. 205. National Biosurveillance Integration Center (NBIC). 

Sec. 206. Deadline for completion of methods to rapidly screen travelers at 

ports of entry. 

Sec. 207. Report on establishment of the system assessment and validation for 

emergency responders (SAVER) program. 

Sec. 208. National Academy of Sciences study of forensic science in homeland 

security. 

Sec. 209. Harmonization of regulations. 

Sec. 210. Communications planning for weapons of mass destruction information dissemination. 

Sec. 211. Report on recovery from chemical, biological, radiological, and nuclear 

attacks. 

TITLE III—PUBLIC HEALTH MATTERS 

Sec. 301. National medical countermeasure dispensing strategy. 

Sec. 302. Material threat assessments and determinations. 

Sec. 303. National pre-event vaccination and antimicrobial dispensing policy review. 

Sec. 304. Designation of tier I material threat agents. 

Sec. 305. Background checks. 

Sec. 306. Biotechnology research, development, and procurement. 

TITLE IV—FOREIGN RELATIONS MATTERS 

Sec. 401. International collaboration and information sharing relating to biosecurity. 

Sec. 402. International engagement to enhance biodefense and biosecurity. 

Sec. 403. Interagency task force on best practices for global biopreparedness. 

Sec. 404. Biological and Toxin Weapons Convention. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 


PWALKER on DSK8KYBLC1PROD with BILLS
3 

•HR 5498 IH

1 (1) The term ‘‘appropriate congressional com2 mittees’’ means the Committee on Homeland Secu3 rity of the House of Representatives and any com4 mittee of the House of Representatives or the Senate 

5 having legislative jurisdiction under the rules of the 

6 House of Representatives or Senate, respectively, 

7 over the matter concerned. 

8 (2) The term ‘‘weapon of mass destruction’’ has 

9 the meaning given that term in section 1403(1) of 

10 the Defense Against Weapons of Mass Destruction 

11 Act of 1996 (50 U.S.C. 2302). 

12 (3) The term ‘‘Intelligence Community’’ has the 

13 meaning given that term in section 3(4) of the Na14 tional Security Act of 1947 (50 U.S.C. 401a(4)). 

15 (4) The term ‘‘national biosecurity and bio16 defense stakeholders’’ means officials from the Fed17 eral, State, local, and tribal authorities and individ18 uals from the private sector who are involved in ef19 forts to prevent, deter, prepare for, detect, attribute, 

20 respond, and recover from a biological attack or 

21 other phenomena that may have serious health con22 sequences for the United States, including wide-scale 

23 fatalities or infectious disease outbreaks. 


PWALKER on DSK8KYBLC1PROD with BILLS
4 

•HR 5498 IH

1 TITLE I—INTELLIGENCE 

2 MATTERS 

3 SEC. 101. NATIONAL INTELLIGENCE STRATEGY FOR COUN4 TERING THE THREAT FROM WEAPONS OF 

5 MASS DESTRUCTION. 

6 (a) STRATEGY.— 

7 (1) DEVELOPMENT.—The Director of National 

8 Intelligence, in consultation with the Secretary of 

9 Homeland Security and the heads of other appro10 priate Federal departments and agencies, shall de11 velop and implement— 

12 (A) a strategy designed to improve the ca13 pabilities of the United States to collect, ana14 lyze, and disseminate intelligence related to 

15 weapons of mass destruction; and 

16 (B) a plan to implement such strategy. 

17 (2) TITLE.—The strategy required under para18 graph (1) shall be known as the ‘‘National Intel19 ligence Strategy for Countering the Threat from 

20 Weapons of Mass Destruction’’. 

21 (b) CONTENTS.—The strategy required under sub22 section (a) shall— 

23 (1) include methods for the recruitment, train24 ing, and retention of a workforce with expertise in 

25 the collection, analysis, and dissemination of intelVerDate Mar 15 2010 03:58 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5498.IH H5498

PWALKER on DSK8KYBLC1PROD with BILLS
5 

•HR 5498 IH

1 ligence related to all types of weapons of mass de2 struction and science and technology related to 

3 weapons of mass destruction, as well as expertise in 

4 science and technology relating to threats posed by 

5 weapons of mass destruction; 

6 (2) include methods for collaboration, as appro7 priate, with individuals with the expertise described 

8 in paragraph (1) who are not employed by the Fed9 eral Government; 

10 (3) identify and address domestic needs for 

11 analysis and collection including the development of 

12 innovative human and technical intelligence collec13 tion capabilities and techniques; and 

14 (4) address each type of weapon of mass de15 struction as necessary and appropriate. 

16 (c) IMPLEMENTATION PLAN.—The plan for imple17 menting the strategy required under subsection (a) shall 

18 include— 

19 (1) actions necessary to increase the effective20 ness and efficiency of the sharing of intelligence on 

21 weapons of mass destruction throughout the Intel22 ligence Community, including a description of statu23 tory, regulatory, policy, technical, security, or other 

24 barriers that prevent such sharing, and, as approVerDate Mar 15 2010 03:58 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5498.IH H5498

PWALKER on DSK8KYBLC1PROD with BILLS
6 

•HR 5498 IH

1 priate, the development of uniform standards across 

2 the Intelligence Community for such sharing; 

3 (2) methods to disseminate intelligence prod4 ucts to national biodefense stakeholders in unclassi5 fied formats to increase the effectiveness and effi6 ciency of the sharing of information; 

7 (3) actions necessary to provide open-source in8 telligence relating to weapons of mass destruction 

9 to— 

10 (A) appropriate Federal departments and 

11 agencies; 

12 (B) State, local, and tribal governments; 

13 and 

14 (C) private entities; 

15 (4) specific objectives to be accomplished, with 

16 corresponding schedule, for each year of the five17 year period that begins on the date on which the 

18 strategy is submitted to the appropriate congres19 sional committees under subsection (e) and tasks to 

20 accomplish such objectives, including— 

21 (A) a list prioritizing such objectives and 

22 such tasks; and 

23 (B) a schedule for meeting such objectives 

24 and carrying out such tasks; 


PWALKER on DSK8KYBLC1PROD with BILLS
7 

•HR 5498 IH

1 (5) assignments of roles and responsibilities to 

2 elements of the Intelligence Community to imple3 ment the strategy; and 

4 (6) a schedule for assessment of the effective5 ness and efficiency of the strategy, including 

6 metrics. 

7 (d) COORDINATION.—The Director of National Intel8 ligence shall, as the Director considers appropriate, coordi9 nate with State, local, and tribal government officials, pri10 vate sector, and nongovernmental organizations in the de11 velopment of the National Intelligence Strategy for Coun12 tering the Threat from Weapons of Mass Destruction. 

13 (e) REPORT.—Not later than one year after the date 

14 of the enactment of this Act, the Director of National In15 telligence, in consultation with the Secretary of Homeland 

16 Security, shall submit to the appropriate congressional 

17 committees the strategy and plan required under sub18 section (a). 

19 SEC. 102. NATIONAL INTELLIGENCE STRATEGY FOR COUN20 TERING BIOLOGICAL THREATS. 

21 (a) STRATEGY.— 

22 (1) DEVELOPMENT.—The Director of National 

23 Intelligence, in consultation with the Secretary of 

24 Homeland Security and the heads of other appro25 priate Federal departments and agencies, shall deVerDate Mar 15 2010 03:58 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5498.IH H5498

PWALKER on DSK8KYBLC1PROD with BILLS
8 

•HR 5498 IH

1 velop and implement a strategy and a plan for im2 plementing the strategy that is integrated into the 

3 National Intelligence Strategy for Countering the 

4 Threat from Weapons of Mass Destruction, as re5 quired under this title. 

6 (2) TITLE.—The strategy required under para7 graph (1) shall be known as the ‘‘National Intel8 ligence Strategy for Countering Biological Threats’’. 

9 (b) CONTENTS.—The strategy required under sub10 section (a) shall— 

11 (1) include a plan for establishing in the Intel12 ligence Community a cadre of— 

13 (A) collectors and analysts in all agencies 

14 in the Intelligence Community that are familiar 

15 with biological threats, biological science, and 

16 biotechnology; 

17 (B) biological scientists; 

18 (C) biotechologists; and 

19 (D) experts with knowledge of the current 

20 state of technologies that could be used to de21 velop a weapon of mass destruction; 

22 (2) include a plan for defining the functions, 

23 capabilities, and gaps with respect to addressing the 

24 risk of a weapon of mass destruction attack in the 

25 intelligence workforce; 


PWALKER on DSK8KYBLC1PROD with BILLS
9 

•HR 5498 IH

1 (3) identify strategies to recruit, retain, and 

2 protect such workforce from workplace exposures to 

3 biological agents in the conduct of the duties of such 

4 workforce; 

5 (4) include methods for collaboration, as appro6 priate, with individuals with expertise described in 

7 paragraph (1) who are not employed by the Federal 

8 Government; 

9 (5) address domestic and international needs 

10 for analysis and collection; 

11 (6) include a plan for defining, integrating, fo12 cusing, and enhancing existing capabilities in the In13 telligence Community dedicated to current tactical 

14 and strategic biological threats; and 

15 (7) include a plan for ensuring the 

16 prioritization and sustained commitment of intel17 ligence personnel and resources to address biological 

18 threats. 

19 (c) IMPLEMENTATION PLAN.—The implementation 

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

21 (1) include actions necessary to increase the ef22 fectiveness and efficiency of the sharing of intel23 ligence throughout the Intelligence Community on 

24 biological weapons and organisms that could be used 

25 for biological terrorism, including a description of 


PWALKER on DSK8KYBLC1PROD with BILLS
10 

•HR 5498 IH

1 statutory, regulatory, policy, technical, security, or 

2 other barriers that prevent such sharing, and, as ap3 propriate, the development of uniform standards 

4 across the Intelligence Community for such sharing; 

5 (2) address strategic and tactical human intel6 ligence, measurement and signature intelligence, 

7 technical intelligence, medical intelligence, and open8 source intelligence activities necessary to implement 

9 the strategy; 

10 (3) identify specific objectives to be accom11 plished during each year of the five-year period that 

12 begins on the date on which the strategy is sub13 mitted to the appropriate congressional committees 

14 under subsection (d) and tasks to accomplish such 

15 objectives, including— 

16 (A) a list prioritizing such objectives and 

17 such tasks; and 

18 (B) a schedule for meeting such objectives 

19 and carrying out such tasks; 

20 (4) assign roles and responsibilities to elements 

21 of the Intelligence Community to implement the 

22 strategy; 

23 (5) a schedule for assessment of the effective24 ness and efficiency of the strategy, including 

25 metrics; and 


PWALKER on DSK8KYBLC1PROD with BILLS
11 

•HR 5498 IH

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

2 the efforts of the Intelligence Community and 

3 progress on understanding and countering biological 

4 threats. 

5 (d) REPORT.—Not later than one year after the date 

6 of the enactment of this Act, the Director of National In7 telligence, in consultation with the Secretary of Homeland 

8 Security, shall submit to the appropriate congressional 

9 committees the strategy and plan required under sub10 section (a). 

11 TITLE II—HOMELAND SECURITY 

12 MATTERS 

13 SEC. 201. WEAPONS OF MASS DESTRUCTION PREVENTION 

14 AND PREPAREDNESS. 

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

16 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

17 end the following new title: 


PWALKER on DSK8KYBLC1PROD with BILLS
12 

•HR 5498 IH

1 ‘‘TITLE XXI—WEAPONS OF MASS 

2 DESTRUCTION PREVENTION 

3 AND PREPAREDNESS 

4 ‘‘Subtitle A—Prevention and 

5 Deterrence 

6 ‘‘SEC. 2101. WEAPONS OF MASS DESTRUCTION INTEL7 LIGENCE AND INFORMATION SHARING UNIT. 

8 ‘‘(a) IN GENERAL.—There is established in the Office 

9 of Intelligence and Analysis of the Department a unit for 

10 weapons of mass destruction intelligence and information 

11 sharing. The unit shall conduct intelligence and informa12 tion sharing activities consistent with the National Intel13 ligence Strategy for Countering the Threat from Weapons 

14 of Mass Destruction under section 101 of the WMD Pre15 vention and Preparedness Act of 2010 and the National 

16 Intelligence Strategy for Countering Biological Threats 

17 under section 102 of that Act and shall— 

18 ‘‘(1) evaluate and establish a baseline of ter19 rorist actors, their claims, and their plans to conduct 

20 attacks involving chemical, biological, radiological, 

21 and nuclear materials against the Nation; 

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

24 health, food, agricultural, and veterinary issues; 


PWALKER on DSK8KYBLC1PROD with BILLS
13 

•HR 5498 IH

1 ‘‘(3) provide tailored analytical support on these 

2 threats to State, local, and tribal partners as well as 

3 members of the public health, scientific, and re4 sponse communities; and 

5 ‘‘(4) perform other responsibilities, as assigned 

6 by the Secretary. 

7 ‘‘(b) COORDINATION.—Where appropriate, the unit 

8 shall coordinate with others in the Intelligence Commu9 nity. 

10 ‘‘(c) REPORT.—Not later than one year after the date 

11 of the enactment of this section and annually thereafter, 

12 the Secretary shall report to the appropriate congressional 

13 committees on the intelligence and information sharing ac14 tivities of the unit for weapons of mass destruction intel15 ligence and information sharing established under sub16 section (a) and all relevant entities within the Department 

17 to counter the threat from weapons of mass destruction 

18 and how the Department acted in accordance with rel19 evant intelligence strategies, including the National Intel20 ligence Strategy for Countering the Threat from Weapons 

21 of Mass Destruction and the National Intelligence Strat22 egy for Countering Biological Threats. 


PWALKER on DSK8KYBLC1PROD with BILLS
14 

•HR 5498 IH

1 ‘‘SEC. 2102. INFORMATION SHARING AND COLLABORATION 

2 FOR BIOSECURITY AND BIODEFENSE. 

3 ‘‘(a) RESPONSIBILITIES OF SECRETARY OF HOME4 LAND SECURITY.—To increase situational awareness, the 

5 Secretary, acting through the Under Secretary for Intel6 ligence and Analysis, shall— 

7 ‘‘(1) to the greatest extent practicable, integrate 

8 into the homeland security and intelligence and in9 formation sharing process national biosecurity and 

10 biodefense stakeholders within Federal, State, local, 

11 tribal, and private sector communities; 

12 ‘‘(2) develop an information sharing framework 

13 for homeland security intelligence and information 

14 sharing with national biosecurity and biodefense 

15 stakeholders; 

16 ‘‘(3) enable national biosecurity and biodefense 

17 stakeholders to provide recommendations with re18 spect to the development of mechanisms and proto19 cols to integrate information from national biosecu20 rity and biodefense stakeholders; 

21 ‘‘(4) leverage existing and emerging homeland 

22 security capabilities and structures, including fusion 

23 centers established pursuant to section 210A, to en24 hance prevention, detection, preparedness, and col25 lective response, attribution, and recovery efforts of 

26 from a biological attack or other phenomena that 


PWALKER on DSK8KYBLC1PROD with BILLS
15 

•HR 5498 IH

1 may have serious health consequences for the United 

2 States, including wide-scale fatalities or infectious 

3 disease outbreaks; and 

4 ‘‘(5) advance partnerships between the Depart5 ment and other Federal departments and agencies in 

6 assessing potential threats and the risks from the in7 tentional use of biological agents by terrorists or 

8 other actors. 

9 ‘‘(b) COORDINATION WITH SECRETARY OF STATE.— 

10 The Secretary shall work in coordination with the Sec11 retary of State, the Secretary of Agriculture, the Secretary 

12 of Health and Human Services, and the heads of other 

13 appropriate Federal agencies. 

14 ‘‘SEC. 2103. BIOTERRORISM RISK ASSESSMENTS. 

15 ‘‘(a) RISK ASSESSMENT.—The Secretary, in coordi16 nation with the heads of other appropriate Federal depart17 ments and agencies, shall produce biennial integrated risk 

18 assessments, to be known as ‘Bioterrorism Risk Assess19 ments’ to identify and assess the evolving terrorist risk 

20 of a biological attack or other phenomena that may have 

21 serious health consequences for the United States, includ22 ing wide-scale fatalities or infectious disease outbreaks. 

23 These assessments shall— 


PWALKER on DSK8KYBLC1PROD with BILLS
16 

•HR 5498 IH

1 ‘‘(1) identify the threat, vulnerability, and con2 sequences of a biological terrorist attack against the 

3 United States; 

4 ‘‘(2) consider terrorists as intelligent adver5 saries and take into account information regarding 

6 the decision-making processes of terrorists; 

7 ‘‘(3) be used to inform and guide threat assess8 ments and determinations made by the Secretary re9 garding agents and toxins pursuant to section 

10 302(9), and to guide prioritization of other home11 land security activities, as appropriate; 

12 ‘‘(4) provide the basis for risk-informed invest13 ments in national strategic biodefense research, de14 velopment, planning, preparedness, and collective re15 sponse to biological attacks; 

16 ‘‘(5) identify key knowledge and data gaps; 

17 ‘‘(6) define critical biodefense vulnerabilities; 

18 ‘‘(7) provide relative risk-based prioritization of 

19 agents for bioterrorism; and 

20 ‘‘(8) evaluate progress in implementing national 

21 biopreparedness policy. 

22 ‘‘(b) REQUIREMENT.—The Secretary shall— 

23 ‘‘(1) convene an interagency task force of rel24 evant subject matter experts to provide recommenda25 tions to the Under Secretary for Science and TechVerDate Mar 15 2010 03:58 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5498.IH H5498

PWALKER on DSK8KYBLC1PROD with BILLS
17 

•HR 5498 IH

1 nology as to the adequacy of the methodology used 

2 in the Assessments and to establish requirements 

3 and standards for the Assessments; 

4 ‘‘(2) engage with national biosecurity and bio5 defense stakeholders to obtain their input regarding 

6 the Assessments, as appropriate; and 

7 ‘‘(3) ensure, to the greatest extent practicable, 

8 that the Assessments inform the risk management 

9 decisions of the Department and can be made avail10 able to national biosecurity and biodefense stake11 holders, as appropriate. 

12 ‘‘SEC. 2104. ENHANCED BIOSECURITY MEASURES. 

13 ‘‘(a) REGULATIONS.—The Secretary, in consultation 

14 with the Secretary of Agriculture, the Secretary of Health 

15 and Human Services, and the heads of other appropriate 

16 Federal agencies, shall, through a negotiated rulemaking 

17 committee under subchapter III of chapter 5 of title 5, 

18 United States Code, establish enhanced biosecurity meas19 ures for persons or laboratories that possess, use, or trans20 fer Tier I Material Threat Agents. Such measures shall 

21 include— 

22 ‘‘(1) standards for personnel surety programs; 

23 ‘‘(2) standards for biosecurity practices and 

24 training of responsible officials, laboratory per25 sonnel, and support personnel; 


PWALKER on DSK8KYBLC1PROD with BILLS
18 

•HR 5498 IH

1 ‘‘(3) standards for performing laboratory vul2 nerability assessments in collaboration with each fa3 cility; 

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

5 standards; 

6 ‘‘(5) penalties (including civil money penalties 

7 and intermediate sanctions), in addition to any other 

8 penalties that may apply under provisions of law; 

9 and 

10 ‘‘(6) any other security standards determined 

11 necessary by the Secretary, the Secretary of Agri12 culture, Secretary of Health and Human Services, 

13 and other agencies as appropriate. 

14 ‘‘(b) NEGOTIATED RULEMAKING COMMITTEE.—The 

15 Secretary shall establish a negotiated rulemaking com16 mittee for purposes of subsection (a). Such committee 

17 shall include a representative from each of the following: 

18 ‘‘(1) The Department. 

19 ‘‘(2) The Department of Health and Human 

20 Services. 

21 ‘‘(3) The Department of Agriculture. 

22 ‘‘(4) The Department of Defense. 

23 ‘‘(5) The Department of Energy. 

24 ‘‘(6) The Department of Justice. 

25 ‘‘(7) For-profit research institutions. 


PWALKER on DSK8KYBLC1PROD with BILLS
19 

•HR 5498 IH

1 ‘‘(8) Academic research institutions. 

2 ‘‘(9) Nonprofit research institutions. 

3 ‘‘(10) Other stakeholders, as the Secretary de4 termines appropriate. 

5 ‘‘(c) TIME REQUIREMENT.—The procedures for the 

6 negotiated rulemaking referred to in subsection (a) shall 

7 be conducted in a timely manner to ensure that— 

8 ‘‘(1) any recommendations with respect to pro9 posed regulations are provided to the Secretary and 

10 the heads of the other appropriate Federal agencies 

11 not later than one year after the date of the enact12 ment of this section; and 

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

14 two years after the date of the enactment of this 

15 section. 

16 ‘‘(d) FACTORS TO BE CONSIDERED.—In developing 

17 proposed and final standards pursuant to the negotiated 

18 rulemaking referred to in subsection (a), the negotiated 

19 rulemaking committee shall consider— 

20 ‘‘(1) the Commission on the Prevention of 

21 Weapons of Mass Destruction Proliferation and Ter22 rorism (established under section 1851 of the Imple23 menting Recommendations of the 9/11 Commission 

24 Act of 2007 (Public Law 110–53; 121 Stat. 501)); 


PWALKER on DSK8KYBLC1PROD with BILLS
20 

•HR 5498 IH

1 ‘‘(2) the National Science Advisory Board for 

2 Biosecurity (established under section 205 of the 

3 Pandemic and All-Hazards Preparedness Act (Public 

4 Law 109–417; 120 Stat. 2851)); 

5 ‘‘(3) any working group established under Exec6 utive Order 13486 (74 Fed. Reg. 2289) relating to 

7 strengthening laboratory biosecurity; 

8 ‘‘(4) the Chemical Facility Anti-Terrorism Act 

9 of 2009; and 

10 ‘‘(5) representatives from the scientific commu11 nity for methods to minimize any disincentives to bi12 ological research arising from enhanced biosecurity 

13 measures. 

14 ‘‘(e) IMPLEMENTATION OF ENHANCED BIOSECURITY

15 MEASURES.— 

16 ‘‘(1) ENFORCEMENT.—The Secretary of Agri17 culture and the Secretary of Health and Human 

18 Services, in consultation with the Secretary, as ap19 propriate, shall enforce the measures established 

20 under subsection (a) and any standards promulgated 

21 pursuant to such section. 

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

23 Agriculture and the Secretary of Health and Human 

24 Services, in coordination with the Secretary and the 

25 heads of other Federal agencies, as appropriate, 


PWALKER on DSK8KYBLC1PROD with BILLS
21 

•HR 5498 IH

1 shall develop training programs that comply with 

2 such measures and standards. 

3 ‘‘(3) PROCEDURES.—The Secretary of Agri4 culture and the Secretary of Health and Human 

5 Services, in consultation with the Secretary and the 

6 heads of other Federal agencies, as appropriate, 

7 shall develop and implement procedures with respect 

8 to when and how penalties and intermediate sanc9 tions may be imposed. Such procedures shall provide 

10 for notice, a reasonable opportunity to respond to 

11 the proposed penalty or intermediate sanction, and 

12 appropriate procedures for appealing determinations 

13 relating to the imposition of a penalty or inter14 mediate sanction. 

15 ‘‘(4) SIMULTANEOUS LABORATORY INSPEC16 TIONS.— 

17 ‘‘(A) INSPECTION DATA SHARING AND EN18 FORCEMENT UNIFORMITY.—The Secretary of 

19 Health and Human Services and the Secretary 

20 of Agriculture shall periodically provide the Sec21 retary with all data concerning inspections of 

22 laboratories that handle Tier I Material Threat 

23 Agents to ensure uniformity in enforcement of 

24 the regulations enacted under subsection (a) 

25 and to identify areas where the Secretary can 


PWALKER on DSK8KYBLC1PROD with BILLS
22 

•HR 5498 IH

1 provide guidance to the Secretary of Health and 

2 Human Services or the Secretary of Agriculture 

3 about approaches to enhance security at specific 

4 laboratories. 

5 ‘‘(B) SIMULTANEOUS INSPECTIONS.—Any 

6 inspections of the same laboratory conducted by 

7 the Secretary of Health and Human Services 

8 for compliance with regulations promulgated 

9 under the Select Agent Program under section 

10 351A(a)(1) of the Public Health Service Act, 

11 and the Secretary of Agriculture pursuant to 

12 section 212(a)(1) of the Agricultural Bioter13 rorism Protection Act of 2002 shall be con14 ducted simultaneously to the extent practicable. 

15 ‘‘(C) COMMON INSPECTION PROCE16 DURES.—Departments conducting simultaneous 

17 inspections of a laboratory under this sub18 section shall ensure, to the maximum extent 

19 practicable, that such inspections are conducted 

20 using a common set of inspection procedures 

21 across such departments in order to minimize 

22 the administrative burden on such laboratory. 

23 ‘‘(D) INSPECTION REPORTS.—Inspection 

24 reports generated under this paragraph shall be 

25 made available to each Federal agency that 


PWALKER on DSK8KYBLC1PROD with BILLS
23 

•HR 5498 IH

1 supports select agent laboratory activities at the 

2 institution that is the subject of the inspection 

3 report, and to the institutions that are the ob4 ject of inspections. 

5 ‘‘SEC. 2105. TIER I MATERIAL THREAT AGENT LOCATIONS. 

6 ‘‘The Secretary of Agriculture and the Secretary of 

7 Health and Human Services shall provide to the Secretary 

8 a list of laboratories and other locations where Tier I Ma9 terial Threat Agents are present in the United States and 

10 its territories. 

11 ‘‘SEC. 2106. HIGH CONTAINMENT BIOLOGICAL LABORA12 TORY SECURITY GRANTS. 

13 ‘‘(a) GRANTS AUTHORIZED.—The Secretary, acting 

14 through the Administrator of the Federal Emergency 

15 Management Agency, may award grants based on risk to 

16 academic and nonprofit organizations and to State, local, 

17 and tribal governments that possess, use, or transfer Tier 

18 I Material Threat Agents, to enhance security at labora19 tories of such organizations and governments. 

20 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

21 is authorized to be appropriated to the Department of 

22 Homeland Security to carry out this subsection 

23 $50,000,000 for each of fiscal years 2011 through 2013. 


PWALKER on DSK8KYBLC1PROD with BILLS
24 

•HR 5498 IH

1 ‘‘SEC. 2107. LABORATORY BIOSECURITY INFORMATION 

2 SHARING. 

3 ‘‘(a) IN GENERAL.—Consistent with the responsibil4 ities of the Secretary under section 201(d), the Secretary 

5 shall establish procedures, with appropriate controls on ac6 cess, for the sharing of homeland security information, in7 cluding vulnerability assessments, security plans, best 

8 practices and other laboratory biosecurity-related informa9 tion, as the Secretary determines appropriate, with State, 

10 local, and tribal government officials, including law en11 forcement officials and emergency response providers. 

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

13 carrying out this section, the Secretary shall have access 

14 to and may use information from the national databases 

15 established under subsections (d)(2) and (f)(3) of section 

16 351A of the Public Health Service Act (42 U.S.C. 262a) 

17 and section 212(d)(2) of the Agricultural Bioterrorism 

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

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

20 The Secretary shall ensure that any information dissemi21 nated under this section is handled consistent with— 

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

23 Intelligence to protect intelligence sources and meth24 ods under the National Security Act of 1947 (50 

25 U.S.C. 401 et seq.) and related procedures or simiVerDate Mar 15 2010 03:58 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H5498.IH H5498

PWALKER on DSK8KYBLC1PROD with BILLS
25 

•HR 5498 IH

1 lar authorities of the Attorney General concerning 

2 sensitive law enforcement information; 

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

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

5 and 

6 ‘‘(3) other relevant laws. 

7 ‘‘SEC. 2108. PERIODIC HOMELAND SECURITY REVIEW OF 

8 CRIMINAL STATUTES. 

9 ‘‘(a) IN GENERAL.—The Secretary, in coordination 

10 with the Attorney General and the heads of other Federal 

11 departments and agencies, as appropriate, shall, for pur12 poses of enhancing homeland security— 

13 ‘‘(1) periodically review and recommend updates 

14 to criminal laws to ensure that such laws are well 

15 suited to the evolving risks of misuse of life sciences 

16 by terrorists and others; and 

17 ‘‘(2) ensure that national biodefense and bio18 security stakeholders at unique risk of exploitation 

19 have access to guidance regarding actions that can 

20 reduce the risk of misuse of life sciences by terror21 ists and others. 

22 ‘‘(b) REPORT.—Not later than one year after the 

23 date of the enactment of this section, and biannually 

24 thereafter, the Secretary, in coordination with the Attor25 ney General, shall submit to the appropriate congressional 


PWALKER on DSK8KYBLC1PROD with BILLS
26 

•HR 5498 IH

1 committees the recommended updates to criminal laws, as 

2 described in subsection (a)(1). 

3 ‘‘SEC. 2109. EXPORT ENFORCEMENT FOR COUNTER-PRO4 LIFERATION. 

5 ‘‘(a) IN GENERAL.—The Secretary, in coordination 

6 with the Secretary of Commerce, the Secretary of Defense, 

7 the Attorney General, the Secretary of State, the Director 

8 of National Intelligence, and the heads of other appro9 priate Federal agencies shall— 

10 ‘‘(1) conduct homeland security investigations 

11 and enforce criminal violations of customs and ex12 port laws of the United States related to military 

13 items, controlled commodities, and sanctioned or em14 bargoed countries to prevent terrorist groups, for15 eign adversaries, and hostile nations from— 

16 ‘‘(A) illegally obtaining sensitive United 

17 States technology and munitions; and 

18 ‘‘(B) obtaining weapons of mass destruc19 tion components, precursors, and delivery sys20 tems, including— 

21 ‘‘(i) United States military technical 

22 data, hardware, small arms and defense 

23 services; 

24 ‘‘(ii) dual-use technical data/source 

25 code and commodities; and 


PWALKER on DSK8KYBLC1PROD with BILLS
27 

•HR 5498 IH

1 ‘‘(iii) deemed exports; and 

2 ‘‘(2) conduct industry outreach with manufac3 turers and exporters of strategic commodities that 

4 may be targeted for procurement by terrorist organi5 zations and the countries that support them as well 

6 as countries identified as weapons proliferators, by— 

7 ‘‘(A) educating companies and individuals 

8 on the export laws of the United States; 

9 ‘‘(B) discussing export licensing issues and 

10 requirements; 

11 ‘‘(C) identifying red flag indicators used in 

12 illegal procurement; 

13 ‘‘(D) identifying the government agencies 

14 responsible for the licensing of export-controlled 

15 commodities and technology; and 

16 ‘‘(E) establishing and fostering relation17 ships whereby companies and individuals can 

18 report suspicious contacts or attempts to violate 

19 the export laws of the United States. 

20 ‘‘(b) NATIONAL EXPORT ENFORCEMENT COORDINA21 TION NETWORK.— 

22 ‘‘(1) ESTABLISHMENT; MEMBERSHIP.—There is 

23 established in the Department a National Export 

24 Enforcement Coordination Network that is managed 

25 by the Secretary. The Network shall be composed of 


PWALKER on DSK8KYBLC1PROD with BILLS
28 

•HR 5498 IH

1 members who are representatives from the Depart2 ment, the Department of Commerce, the Depart3 ment of Defense, the Department of Energy, the 

4 Department of Justice, the Department of State, the 

5 Intelligence Community, and other Federal agencies 

6 as appropriate. 

7 ‘‘(2) RESPONSIBILITIES.—The Network shall 

8 carry out the following responsibilities: 

9 ‘‘(A) Coordinating law enforcement 

10 counter-proliferation investigations and intel11 ligence counter-proliferation activities. 

12 ‘‘(B) Addressing licensing inquiries, re13 views, requests, checks, and verifications. 

14 ‘‘(C) Conducting outreach and providing 

15 training to the export trade community. 

16 ‘‘Subtitle B—Preparedness 

17 ‘‘SEC. 2121. COMMUNICATION OF THREAT INFORMATION 

18 AND ALERTS. 

19 ‘‘(a) FINDINGS.—Congress makes the following find20 ings: 

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

22 Weapons of Mass Destruction Proliferation and Ter23 rorism recommended that ‘the Federal Government 

24 should practice greater openness of public informaVerDate Mar 15 2010 03:58 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H5498.IH H5498

PWALKER on DSK8KYBLC1PROD with BILLS
29 

•HR 5498 IH

1 tion so that citizens better understand the threat 

2 and the risk this threat poses to them’. 

3 ‘‘(2) There are unique challenges for commu4 nity preparedness for attacks from weapons of mass 

5 destruction and their agents. 

6 ‘‘(b) TERRORISM THREAT AWARENESS.— 

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

8 Secretary, in coordination with the heads of appro9 priate Federal agencies, shall ensure that homeland 

10 security information concerning terrorist threats is 

11 provided to State, local, and tribal authorities and 

12 the public within the United States, as appropriate, 

13 for purposes of preparedness and collective response 

14 to terrorism and for other purposes. 

15 ‘‘(2) THREAT BULLETINS.— 

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

17 requirements of paragraph (1), the Secretary 

18 shall, on a timely basis, prepare unclassified 

19 terrorism-related threat and risk assessments. 

20 ‘‘(B) REQUIREMENTS.—Each assessment 

21 required under subparagraph (A) shall— 

22 ‘‘(i) include guidance to the general 

23 public for preventing and responding to 

24 acts of terrorism; and 


PWALKER on DSK8KYBLC1PROD with BILLS
30 

•HR 5498 IH

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

2 website of the Department and other pub3 licly accessible Internet websites, commu4 nication systems, and information net5 works. 

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

7 GOVERNMENTS.—The Secretary— 

8 ‘‘(A) acting through the Administrator of 

9 the Federal Emergency Management Agency, 

10 shall provide to State, local, and tribal govern11 ments written guidance on communicating ter12 rorism-related threats and risks to the public 

13 within their jurisdictions; and 

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

16 communities as being at heightened risk of ex17 ploitation. 

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

20 systems, and information networks in operation on 

21 the date of an assessment under this subsection to 

22 satisfy the requirements of paragraph (2)(B)(ii). 


PWALKER on DSK8KYBLC1PROD with BILLS
31 

•HR 5498 IH

1 ‘‘SEC. 2122. INDIVIDUAL AND COMMUNITY PREPAREDNESS 

2 FOR WEAPONS OF MASS DESTRUCTION. 

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

4 the Administrator for the Federal Emergency Manage5 ment Agency, shall assist State, local, and tribal govern6 ments in improving and promoting individual and commu7 nity preparedness and collective response to weapons of 

8 mass destruction and terrorist attacks involving biological, 

9 chemical, radiological, and nuclear materials against the 

10 United States by— 

11 ‘‘(1) developing guidance and checklists of rec12 ommended actions for individual and community 

13 prevention and preparedness efforts and dissemi14 nating such guidance and checklists to communities 

15 and individuals; 

16 ‘‘(2) disseminating the guidance developed 

17 under section 2151 to communities and individuals, 

18 as appropriate; 

19 ‘‘(3) compiling and disseminating information 

20 on best practices for individual and community pre21 paredness; 

22 ‘‘(4) providing information and training mate23 rials in support of individual and community pre24 paredness efforts; 

25 ‘‘(5) conducting individual and community pre26 paredness outreach efforts; and 


PWALKER on DSK8KYBLC1PROD with BILLS
32 

•HR 5498 IH

1 ‘‘(6) such other actions as the Secretary deter2 mines appropriate. 

3 ‘‘(b) COORDINATION.—Where appropriate, the Sec4 retary shall coordinate with private sector and nongovern5 mental organizations to promote individual and commu6 nity preparedness. 

7 ‘‘Subtitle C—Detection 

8 ‘‘SEC. 2131. NATIONAL BIOSURVEILLANCE STRATEGY. 

9 ‘‘(a) CURRENT STATE OF BIOSURVEILLANCE.—The 

10 Secretary shall examine of the state of domestic and global 

11 biosurveillance. 

12 ‘‘(b) STRATEGY FOR BIOSURVEILLANCE.—The Sec13 retary shall submit to the appropriate congressional com14 mittees a national strategy for biosurveillance. 

15 ‘‘(c) MATTERS FOR INCLUSION.— 

16 ‘‘(1) IN GENERAL.—In developing the strategy 

17 required under subsection (b), the Secretary shall 

18 take into consideration— 

19 ‘‘(A) the state of biosurveillance domesti20 cally and internationally; 

21 ‘‘(B) material threat assessments and de22 terminations developed by the Secretary in ac23 cordance with the Project BioShield Act of 

24 2004 (Public Law 108–276) and the amend25 ments made by that Act; 


PWALKER on DSK8KYBLC1PROD with BILLS
33 

•HR 5498 IH

1 ‘‘(C) reports on global trends produced by 

2 the Office of the Director of National Intel3 ligence regarding the biological threat, and In4 telligence Community requirements; 

5 ‘‘(D) information available in biosurveil6 lance systems and changes to information tech7 nology to allow for the incorporation and inte8 gration of this information; 

9 ‘‘(E) Intelligence Community needs as ar10 ticulated in relevant intelligence strategies; and 

11 ‘‘(F) costs associated with establishing and 

12 maintaining the necessary infrastructure to in13 tegrate biosurveillance systems. 

14 ‘‘(2) ADDITIONAL REQUIREMENTS.—This strat15 egy required under subsection (b) shall— 

16 ‘‘(A) include a plan for advancing situa17 tional awareness; 

18 ‘‘(B) identify key elements of information 

19 to be shared, critical sensitivities to be pro20 tected, and a framework for enabling informa21 tion exchange; 

22 ‘‘(C) include a plan for fostering informa23 tion sharing between public health, law enforce24 ment, security, intelligence, and the scientific 

25 communities to identify potential threats, reVerDate Mar 15 2010 03:58 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H5498.IH H5498

PWALKER on DSK8KYBLC1PROD with BILLS
34 

•HR 5498 IH

1 duce vulnerabilities and improve collective re2 sponse activities to and investigations of sus3 pected biological attacks; and 

4 ‘‘(D) include strategic and implementation 

5 plans for the National Biosurveillance Integra6 tion Center under section 316. 

7 ‘‘SEC. 2132. DETECTION OF BIOLOGICAL ATTACKS. 

8 ‘‘(a) PROGRAM.—The Secretary shall carry out a pro9 gram in the Department to detect a biological attack or 

10 event. Through such program, the Secretary shall— 

11 ‘‘(1) deploy detectors to areas, based on risk, to 

12 indicate the presence of biological agents; 

13 ‘‘(2) provide information to participating lab14 oratories for their use in monitoring public health, 

15 and biological material from these detectors to par16 ticipating laboratories for testing; 

17 ‘‘(3) provide information about the presence of 

18 biological agents to public health and law enforce19 ment personnel at all levels of government; and 

20 ‘‘(4) provide advanced planning tools, concepts 

21 of operations (including alarm resolution protocols), 

22 and training exercises for collective response to and 

23 recovery from biological attacks. 

24 ‘‘(b) PROGRAM REQUIREMENTS.—Under the pro25 gram required under subsection (a), the Secretary shall— 


PWALKER on DSK8KYBLC1PROD with BILLS
35 

•HR 5498 IH

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

2 interagency agreements under the Economy Act of 

3 1933 (31 U.S.C. 1535 et seq.) with the Director of 

4 the Centers of Disease Control and Prevention and 

5 the Administrator of the Environmental Protection 

6 Agency, and the heads of other Federal departments 

7 and agencies, setting forth roles and responsibilities, 

8 including with respect to filter testing protocols for 

9 participating laboratories and coordination with ap10 propriate State, local, and tribal agencies; 

11 ‘‘(2) determine, on an annual basis, whether 

12 plans for biological detector capabilities and coverage 

13 sufficiently protect the United States population; 

14 and 

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

16 Science and Technology, and in consultation with 

17 the Director for the Centers for Disease Control and 

18 Prevention, implement an assay equivalency program 

19 for biological threat assays that— 

20 ‘‘(A) may evaluate biological threat detec21 tion assays, their protocols for use, and their 

22 associated response algorithms for confirmation 

23 of biological threat agents, taking performance 

24 measures and concepts of operation into consid25 eration; 


PWALKER on DSK8KYBLC1PROD with BILLS
36 

•HR 5498 IH

1 ‘‘(B) may develop assay equivalency stand2 ards based on the findings of the evaluation 

3 under subparagraph (A); 

4 ‘‘(C) will be updated as necessary; 

5 ‘‘(D) shall require implementation of the 

6 standards developed under subparagraph (B) 

7 for all Department biomonitoring programs; 

8 and 

9 ‘‘(E) shall make such standards available 

10 to support all other Federal biomonitoring pro11 grams. 

12 ‘‘(c) CONTRACT AUTHORITY.—The Secretary is au13 thorized to enter into contracts with participating labora14 tories for— 

15 ‘‘(1) the provision of laboratory services to test 

16 detector filters on a fee-for-service basis or on a pre17 payment or other similar basis; and 

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

19 hosting program personnel and equipment in these 

20 laboratories. 

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

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

23 a laboratory that has been accepted as a member of 

24 the Laboratory Response Network for Bioterrorism 

25 that— 


PWALKER on DSK8KYBLC1PROD with BILLS
37 

•HR 5498 IH

1 ‘‘(A) is fully equipped to detect and re2 spond quickly to acts of biological terrorism; 

3 ‘‘(B) provides biocontainment and micro4 biological analysis in support of the Depart5 ment, the Federal Bureau of Investigation and 

6 other law enforcement agencies with primary 

7 responsibilities for investigating biological inci8 dents; and 

9 ‘‘(C) supports threat agent characteriza10 tion studies and assay evaluation, research and 

11 development. 

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

13 that is designed to detect the presence of a biological 

14 threat agent and is of a type selected under criteria 

15 established by the Secretary. 

16 ‘‘SEC. 2133. RAPID BIOLOGICAL THREAT DETECTION AND 

17 IDENTIFICATION. 

18 ‘‘(a) IN GENERAL.—Notwithstanding section 302(4) 

19 the Secretary shall require the Under Secretary for 

20 Science and Technology, in consultation with the heads 

21 of other relevant operational components of the Depart22 ment, assess whether the development of screening capa23 bilities for biological weapons of mass destruction agents, 

24 pandemic influenza, and other infectious diseases should 

25 be undertaken by the Science and Technology Directorate 


PWALKER on DSK8KYBLC1PROD with BILLS
38 

•HR 5498 IH

1 to support entry and exit screening at ports of entry and 

2 for other purposes. 

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

4 Secretary determines that the development of such screen5 ing capabilities should be undertaken, the Secretary shall, 

6 to the extent possible, initiate development of safe and ef7 fective methods to rapidly screen incoming travelers at 

8 ports of entry for biological weapons of mass destruction 

9 agents, pandemic influenza, and other infectious diseases. 

10 ‘‘(c) COLLABORATION.—In developing methods under 

11 subsection (b), the Secretary may collaborate with the 

12 heads of other Federal agencies, as needed. 

13 ‘‘SEC. 2134. ESTABLISHMENT OF THE SYSTEM ASSESSMENT 

14 AND VALIDATION FOR EMERGENCY RE15 SPONDERS (SAVER) PROGRAM. 

16 ‘‘The Secretary, acting through the Under Secretary 

17 for Science and Technology, shall carry out a program for 

18 system assessment and validation of emergency response 

19 equipment at the Department, to be known as the 

20 ‘SAVER Program’. The Secretary shall ensure that such 

21 program— 

22 ‘‘(1) conducts objective, impartial, practitioner23 relevant, and operationally oriented assessments and 

24 validations of commercial emergency responder 


PWALKER on DSK8KYBLC1PROD with BILLS
39 

•HR 5498 IH

1 equipment and systems, including hand-held detec2 tors for agents used in weapons of mass destruction; 

3 ‘‘(2) is supported by a network of scientists who 

4 perform the assessment and validation activities; 

5 ‘‘(3) provides results along with other relevant 

6 equipment information to the emergency response 

7 provider community in an operationally useful form; 

8 ‘‘(4) provides information on equipment that 

9 falls within the categories listed in the Department’s 

10 authorized equipment list; 

11 ‘‘(5) provides information that enables decision12 makers and responders to better select, procure, use 

13 and maintain emergency responder equipment; and 

14 ‘‘(6) shares such information nationally with 

15 the emergency response provider community. 

16 ‘‘SEC. 2135. PAYMENT FOR BIOTERRORISM LABORATORY 

17 SERVICES. 

18 ‘‘In carrying out their functions, responsibilities, au19 thorities, and duties to counter biological terrorism, the 

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

21 participating Federal agencies are authorized to enter into 

22 contracts with the State and local public health labora23 tories that compose the Laboratory Response Network for 

24 Bioterrorism, and any other qualified laboratories, for the 


PWALKER on DSK8KYBLC1PROD with BILLS
40 

•HR 5498 IH

1 provision of laboratory testing services on a fee-for-service 

2 basis or on a prepayment or other similar basis. 

3 ‘‘SEC. 2136. ESTABLISHMENT OF THE INTEGRATED CON4 SORTIUM OF LABORATORY NETWORKS. 

5 ‘‘(a) ESTABLISHMENT.—There is established in the 

6 Department an Integrated Consortium of Laboratory Net7 works that is managed by the Secretary. 

8 ‘‘(b) REQUIREMENTS.—The Integrated Consortium 

9 of Laboratory Networks shall— 

10 ‘‘(1) be composed of networks of laboratories 

11 capable of integrated and coordinated response to 

12 and consequence management of attacks from weap13 ons of mass destruction, acts of terrorism, and other 

14 incidents requiring laboratory response capabilities; 

15 ‘‘(2) be a coordinated and operational system of 

16 laboratory networks that provide timely, high quality 

17 results for early detection and effective consequence 

18 management of attacks from weapons of mass de19 struction, acts of terrorism, and other events requir20 ing an integrated laboratory response; 

21 ‘‘(3) serve as a system of laboratory networks 

22 that are equipped to detect and respond quickly to 

23 attacks from weapons of mass destruction and acts 

24 of terrorism, and to support effective all-hazard lab25 oratory response; 


PWALKER on DSK8KYBLC1PROD with BILLS
41 

•HR 5498 IH

1 ‘‘(4) provide limited containment and analysis 

2 in support of the Department, the Federal Bureau 

3 of Investigation, and other law enforcement agencies 

4 with primary responsibilities for investigating inci5 dents involving weapons of mass destruction or their 

6 agents; and 

7 ‘‘(5) support threat agent characterization stud8 ies and assay evaluation, research, and development. 

9 ‘‘Subtitle D—Attribution 

10 ‘‘SEC. 2141. BIOFORENSICS CAPABILITIES AND STRATEGY. 

11 ‘‘(a) NATIONAL BIOFORENSICS ANALYSIS CEN12 TER.—There is established in the Department a National 

13 Bioforensics Analysis Center which shall serve as the lead 

14 Federal facility to— 

15 ‘‘(1) provide definitive forensic examination of 

16 biothreat agents and related evidence; 

17 ‘‘(2) provide necessary biocontainment; 

18 ‘‘(3) integrate bioforensics requirements for law 

19 enforcement, national security, and homeland secu20 rity; 

21 ‘‘(4) provide bioforensics analysis in support of 

22 the executive agencies with primary responsibilities 

23 for preventing, deterring, responding to, attributing, 

24 and recovering from biological attacks; 

25 ‘‘(5) develop national bioforensics standards; 


PWALKER on DSK8KYBLC1PROD with BILLS
42 

•HR 5498 IH

1 ‘‘(6) maintain the national bioforensics reposi2 tory collection as a reference collection of biological 

3 agents and toxins for bioforensics comparisons and 

4 identifications; and 

5 ‘‘(7) support threat agent characterization stud6 ies and bioforensics assay evaluation research and 

7 development. 

8 ‘‘(b) NATIONAL BIOFORENSICS REPOSITORY COL9 LECTION.— 

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

11 Analysis Center shall maintain a national 

12 bioforensics repository collection. 

13 ‘‘(2) ACTIVITIES.—The national bioforensics re14 pository collection shall— 

15 ‘‘(A) receive, store, and distribute biologi16 cal threat agents and toxins; 

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

18 comparative bioforensics identifications and 

19 characterizations; and 

20 ‘‘(C) support threat agent characterization 

21 studies and the development of bioforensics as22 says, genomic analyses, organic and inorganic 

23 chemical analyses, electron microscopy analyses, 

24 and other relevant assays, analyses, and tests. 

25 ‘‘(3) PARTICIPATION.— 


PWALKER on DSK8KYBLC1PROD with BILLS
43 

•HR 5498 IH

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

2 Attorney General, the Secretary of Agriculture, 

3 the Secretary of Defense, the Secretary of En4 ergy, the Secretary of Health and Human Serv5 ices, the Director of National Intelligence, and 

6 the head of any other appropriate executive 

7 agency with a biological agent or toxin collec8 tion that is useful for the bioforensics analysis 

9 of biological attacks, performance of biological 

10 threat agent identification and characterization 

11 studies, or evaluation and development of 

12 bioforensics assays and methods shall provide 

13 authenticated replicate samples of all relevant 

14 biological strains and toxins, as determined by 

15 the Secretary, in consultation with the head of 

16 the executive agency possessing the agent or 

17 toxin, which shall not include any variola virus 

18 but shall include any virus modified to include 

19 any part of the variola virus, to the national 

20 bioforensics repository collection. 

21 ‘‘(B) OTHER BIOLOGICAL AGENTS AND

22 TOXINS.—The Secretary shall require the con23 tribution of public and private biological agent 

24 and toxin collections to the national bioforensics 

25 repository collection that were collected or creVerDate Mar 15 2010 03:58 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H5498.IH H5498

PWALKER on DSK8KYBLC1PROD with BILLS
44 

•HR 5498 IH

1 ated with support from a Federal grant or con2 tract and that support the functions described 

3 in paragraph (2). 

4 ‘‘(4) ACCESS.—The Secretary shall— 

5 ‘‘(A) provide any executive agency that 

6 submits a biological agent or toxin to the na7 tional bioforensics repository collection with ac8 cess to the collection; and 

9 ‘‘(B) establish a mechanism to provide 

10 public and private entities with access to the 

11 national bioforensics repository collection, as 

12 determined appropriate by the Secretary, with 

13 appropriate protection of classified or law en14 forcement sensitive information and intellectual 

15 property rights. 

16 ‘‘(5) REPORT.— 

17 ‘‘(A) IN GENERAL.—Not later than one 

18 year after the date of the enactment of this sec19 tion, and annually thereafter, the Secretary, in 

20 consultation with the Attorney General, the 

21 Secretary of Agriculture, the Secretary of De22 fense, the Secretary of Energy, the Secretary of 

23 Health and Human Services, the Director of 

24 National Intelligence, and the head of any other 

25 appropriate executive agency that participates 


PWALKER on DSK8KYBLC1PROD with BILLS
45 

•HR 5498 IH

1 in or contributes to the national bioforensics re2 pository collection, shall submit to the appro3 priate committees of Congress a report regard4 ing the national bioforensics repository collec5 tion. 

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

7 under subparagraph (A) shall— 

8 ‘‘(i) discuss the status of the estab9 lishment of the national bioforensics repos10 itory collection; 

11 ‘‘(ii) identify domestic and inter12 national biological agent and toxin collec13 tions that would prove useful in carrying 

14 out the functions of the national 

15 bioforensics repository collection; 

16 ‘‘(iii) examine any access or participa17 tion issues affecting the establishment of 

18 the national bioforensics repository collec19 tion or the ability to support bioforensics 

20 analysis, threat agent characterization 

21 studies, or bioforensics assay evaluation, 

22 research, and development, including— 

23 ‘‘(I) intellectual property con24 cerns; 


PWALKER on DSK8KYBLC1PROD with BILLS
46 

•HR 5498 IH

1 ‘‘(II) access to collected or cre2 ated biological agent or toxin collec3 tions funded by a Federal grant or 

4 contract; 

5 ‘‘(III) costs associated with ac6 cessing, procuring, and securely trans7 porting biological materials from do8 mestic and international biological 

9 agent and toxin collections to the na10 tional bioforensics repository collec11 tion; 

12 ‘‘(IV) costs incurred by domestic 

13 and international biological agent and 

14 toxin collections to access or con15 tribute biological agents or toxins to 

16 the national bioforensics repository 

17 collection; and 

18 ‘‘(V) access to the national 

19 bioforensics repository collection by 

20 public and private researchers to sup21 port threat agent characterization 

22 studies, bioforensics assay evaluation, 

23 research, and development, and bio24 security research and development; 

25 and 


PWALKER on DSK8KYBLC1PROD with BILLS
47 

•HR 5498 IH

1 ‘‘(iv) other issues determined appro2 priate. 

3 ‘‘(c) NATIONAL BIOFORENSICS STRATEGY.— 

4 ‘‘(1) IN GENERAL.—The Secretary, in coordina5 tion with the Attorney General, the Secretary of Ag6 riculture, the Secretary of Defense, the Secretary of 

7 Health and Human Services, the Director of Na8 tional Intelligence, and the head of any other appro9 priate executive agency, as determined by the Sec10 retary, shall develop, coordinate, and maintain a na11 tional bioforensics strategy. 

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

13 strategy shall— 

14 ‘‘(A) provide for a coordinated approach 

15 across all executive agencies with responsibil16 ities for— 

17 ‘‘(i) conducting bioforensics examina18 tion of biological threat agents and related 

19 evidence; and 

20 ‘‘(ii) generating bioforensics require21 ments for law enforcement, national secu22 rity, and homeland security; 

23 ‘‘(B) describe the roles and responsibilities 

24 of all relevant executive agencies, including— 


PWALKER on DSK8KYBLC1PROD with BILLS
48 

•HR 5498 IH

1 ‘‘(i) research to characterize threat 

2 agents; 

3 ‘‘(ii) assay evaluation, research, and 

4 development; and 

5 ‘‘(iii) funding; 

6 ‘‘(C) establish mechanisms, in coordination 

7 with State, local, and tribal governments, for 

8 coordinating with public health, environmental 

9 quality, and law enforcement agencies for the 

10 collection or receipt, transfer, or submission of 

11 bioforensics evidence for analysis and its use; 

12 and 

13 ‘‘(D) include— 

14 ‘‘(i) guidance for collecting, proc15 essing, and analyzing samples; and 

16 ‘‘(ii) requirements for reporting 

17 bioforensics information to appropriate 

18 agencies. 

19 ‘‘(3) REPORT.—Not later than one year after 

20 the date of the enactment of this section, and bienni21 ally thereafter, the Secretary, in consultation with 

22 the Attorney General, the Secretary of Agriculture, 

23 the Secretary of Defense, the Secretary of Health 

24 and Human Services, the Director of National Intel25 ligence, and the heads of other appropriate agencies, 


PWALKER on DSK8KYBLC1PROD with BILLS
49 

•HR 5498 IH

1 as determined by the Secretary, shall submit to the 

2 appropriate committees of Congress the national 

3 bioforensics strategy. 

4 ‘‘(d) CONCEPT OF OPERATIONS.—The Secretary, in 

5 coordination with the Attorney General and the heads of 

6 any other appropriate Federal agencies shall ensure the 

7 availability of a detailed concept of operations for informa8 tion sharing and all-source analysis to support timely at9 tribution of biological attacks. 

10 ‘‘(e) RESEARCH AND DEVELOPMENT.—The Sec11 retary, in coordination with the Attorney General and the 

12 heads of any other appropriate Federal agencies shall es13 tablish a national-level research and development strategy 

14 and implementation plan to advance the field of 

15 bioforensics. 

16 ‘‘(f) DEFINITION OF BIOFORENSICS.—In this section, 

17 the term ‘bioforensics’ means the scientific discipline dedi18 cated to analyzing evidence from an attack with a biologi19 cal weapon of mass destruction, an act of bioterrorism, 

20 a biological agent- or toxin-based criminal act, or the inad21 vertent release of a biological agent or toxin for attribution 

22 purposes. 


PWALKER on DSK8KYBLC1PROD with BILLS
50 

•HR 5498 IH

1 ‘‘SEC. 2142. LAW ENFORCEMENT TRAINING TO INVES2 TIGATE BIOLOGICAL THREATS. 

3 ‘‘The Secretary, in coordination with the Attorney 

4 General, the Secretary of Agriculture, the Secretary of 

5 Health and Human Services, and the heads of other ap6 propriate Federal departments and agencies, shall— 

7 ‘‘(1) make training available to law enforce8 ment, public health, and security personnel on recog9 nizing and responding to situations involving poten10 tial biological threats, including performing joint 

11 criminal and epidemiological investigations; 

12 ‘‘(2) ensure that tailored tactics, techniques, 

13 and procedures are made available to law enforce14 ment and security personnel, including access to the 

15 tools needed to respond to biological threats; 

16 ‘‘(3) promote the use of simulation among Fed17 eral partners to exercise capabilities, refine oper18 ational concepts, and strengthen relationships across 

19 the Government; and 

20 ‘‘(4) make training available that will ensure 

21 that law enforcement, public health, and agricultural 

22 investigations of biological threats are coordinated. 


PWALKER on DSK8KYBLC1PROD with BILLS
51 

•HR 5498 IH

1 ‘‘Subtitle E—Response 

2 ‘‘SEC. 2151. FIRST RESPONDER GUIDANCE CONCERNING 

3 WEAPONS OF MASS DESTRUCTION ATTACKS. 

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

5 Not later than one year after the date of the enactment 

6 of this section, the Secretary shall— 

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

8 services, emergency management, and public health 

9 personnel, voluntary guidance for responding to a re10 lease of chemical, biological, radiological, or nuclear 

11 material; and 

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

13 local, and tribal governments, nongovernmental or14 ganizations, the private sector, and the public. 

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

16 subsection (a)(1) shall include— 

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

18 security, health, and safety of emergency response 

19 providers; 

20 ‘‘(2) specific information regarding the effects 

21 of the chemical, biological, radiological, or nuclear 

22 material on those exposed to the agent; and 

23 ‘‘(3) best practices for emergency response pro24 viders to effectively deal with individuals affected by 


PWALKER on DSK8KYBLC1PROD with BILLS
52 

•HR 5498 IH

1 an incident involving chemical, biological, radio2 logical, or nuclear material. 

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

4 Secretary shall— 

5 ‘‘(1) review the guidance developed under sub6 section (a)(1) at least once every 2 years; 

7 ‘‘(2) make revisions to the guidance as appro8 priate; and 

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

10 State, local, and tribal governments, nongovern11 mental organizations, the private sector, and the 

12 public. 

13 ‘‘(d) PROCEDURES FOR DEVELOPING AND REVISING

14 GUIDANCE.—In carrying out the requirements of this sec15 tion, the Secretary shall establish procedures to— 

16 ‘‘(1) inventory existing relevant hazardous ma17 terial response guidance; 

18 ‘‘(2) enable members of the first responder 

19 community to submit recommendations of areas in 

20 which guidance is needed and could be developed 

21 under subsection (a)(1); 

22 ‘‘(3) determine which entities should be con23 sulted in developing or revising the guidance; 

24 ‘‘(4) prioritize, on a regular basis, guidance 

25 that should be developed or revised; and 


PWALKER on DSK8KYBLC1PROD with BILLS
53 

•HR 5498 IH

1 ‘‘(5) develop and disseminate the guidance in 

2 accordance with the prioritization under paragraph 

3 (4). 

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

5 and revise the guidance developed under subsection (a)(1), 

6 and the procedures required under subsection (d), in con7 sultation with— 

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

9 and agencies, as appropriate; 

10 ‘‘(2) the National Advisory Council established 

11 under section 508; 

12 ‘‘(3) State, local, and tribal governments; and 

13 ‘‘(4) nongovernmental organizations and private 

14 industry. 

15 ‘‘(f) REPORTING REQUIREMENTS.—Not later than 

16 18 months after the date of the enactment of this section 

17 and annually thereafter, the Secretary shall submit to the 

18 appropriate congressional committees— 

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

20 under subsection (d); 

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

22 report; 

23 ‘‘(3) a list of entities to which the guidance de24 scribed in paragraph (2) was disseminated; 


PWALKER on DSK8KYBLC1PROD with BILLS
54 

•HR 5498 IH

1 ‘‘(4) a plan for reviewing the guidance de2 scribed in paragraph (2), in accordance with sub3 section (e); 

4 ‘‘(5) guidance required under subsection (d)(4), 

5 and the methodology used by the Secretary for such 

6 prioritization; and 

7 ‘‘(6) a plan for developing, revising, and dis8 seminating the guidance. 

9 ‘‘SEC. 2152. INTEGRATED PLUME MODELING FOR COLLEC10 TIVE RESPONSE. 

11 ‘‘(a) DEVELOPMENT.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall ac13 quire, use, and disseminate timely integrated plume 

14 models to enable rapid response activities following 

15 a chemical, biological, nuclear, or radiological re16 lease. 

17 ‘‘(2) SCOPE.—The Secretary shall— 

18 ‘‘(A) ensure the rapid development and 

19 distribution of integrated plume models to ap20 propriate officials of the Federal Government 

21 and State, local, and tribal governments to en22 able immediate response to a chemical, biologi23 cal, or radiological incident; 

24 ‘‘(B) establish mechanisms for dissemina25 tion by appropriate emergency response officials 


PWALKER on DSK8KYBLC1PROD with BILLS
55 

•HR 5498 IH

1 of the integrated plume models described in 

2 paragraph (1) to nongovernmental organiza3 tions and the public to enable appropriate col4 lective response activities; 

5 ‘‘(C) ensure that the development and dis6 semination of integrated plume models are as7 sessed during exercises administered by the De8 partment; and 

9 ‘‘(D) ensure that lessons learned from as10 sessing the development and dissemination of 

11 integrated plume models during exercises ad12 ministered by the Department are put into the 

13 Department of Homeland Security Lessons 

14 Learned Information Sharing system. 

15 ‘‘(3) CONSULTATION WITH OTHER DEPART16 MENTS AND AGENCIES.—In identifying and devel17 oping the integrated plume models described in this 

18 section, the Secretary shall consult, as appropriate, 

19 with— 

20 ‘‘(A) the Secretary of Defense, the Sec21 retary of Energy, the Secretary of Health and 

22 Human Services, and the heads of other appro23 priate Federal agencies; and 

24 ‘‘(B) State, local, and tribal governments 

25 and nongovernmental organizations. 


PWALKER on DSK8KYBLC1PROD with BILLS
56 

•HR 5498 IH

1 ‘‘(b) REPORT.—Not later than one year after the 

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

3 the Secretary shall submit to the appropriate congres4 sional committees a report regarding— 

5 ‘‘(1) the development and dissemination of inte6 grated plume models under this section; 

7 ‘‘(2) lessons learned from assessing the develop8 ment and dissemination of integrated plume models 

9 during exercises administered by the Department; 

10 and 

11 ‘‘(3) plans for improving the development and 

12 dissemination of integrated plume models, as appro13 priate. 

14 ‘‘(c) DEFINITIONS.—For purposes of this section: 

15 ‘‘(1) The term ‘plume model’ means the assess16 ment of the location and prediction of the spread of 

17 nuclear, radioactive, or chemical fallout and biologi18 cal pathogens resulting from a release of chemical, 

19 biological, radiological, or nuclear materials. 

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

21 a plume model that integrates protective action guid22 ance and other information as the Secretary deter23 mines appropriate. 


PWALKER on DSK8KYBLC1PROD with BILLS
57 

•HR 5498 IH

1 ‘‘Subtitle F—Recovery 

2 ‘‘SEC. 2161. RECOVERY AND RESTORATION FROM A BIO3 LOGICAL ATTACK OR INCIDENT GUIDANCE. 

4 ‘‘(a) ESTABLISHMENT OF GUIDANCE.—Not later 

5 than one year after the date of the enactment of this sec6 tion, the Secretary, in coordination with the Administrator 

7 of the Environmental Protection Agency and in consulta8 tion with the Director of the Occupational Safety and 

9 Health Agency, and the Director of the National Institute 

10 for Occupational Safety and Health, shall develop and 

11 issue guidance for clean-up and restoration of indoor and 

12 outdoor areas that have been affected by the release of 

13 a biological agent. 

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

15 subsection (a) shall include— 

16 ‘‘(1) acceptable levels of growth of the organism 

17 in post-remediation area samples from affected sites; 

18 ‘‘(2) standards for effective clean-up of affected 

19 sites; 

20 ‘‘(3) standards for safe post-event occupancy of 

21 affected sites; 

22 ‘‘(4) requirements to ensure that the decon23 tamination procedures for responding organizations 

24 do not conflict; 


PWALKER on DSK8KYBLC1PROD with BILLS
58 

•HR 5498 IH

1 ‘‘(5) requirements that each responding organi2 zation uses a uniform system for tracking costs and 

3 performance of clean-up contractors; 

4 ‘‘(6) levels of personal protection equipment; 

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

6 buildings; 

7 ‘‘(8) proper selection and use of personal pro8 tective equipment; 

9 ‘‘(9) proper use of personal protective equip10 ment; 

11 ‘‘(10) air sampling procedures; and 

12 ‘‘(11) how to develop health and safety plans 

13 that are appropriate for the specific risk to re14 sponder health. 

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

16 Secretary shall— 

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

18 years, review the guidance developed under sub19 section (a); 

20 ‘‘(2) make revisions to the guidance as appro21 priate; and 

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

23 Federal Government, State, local, and tribal govern24 ments, nongovernmental organizations, the private 

25 sector, and the public. 


PWALKER on DSK8KYBLC1PROD with BILLS
59 

•HR 5498 IH

1 ‘‘(d) PROCEDURES FOR DEVELOPING AND REVISING

2 GUIDANCE.—In carrying out the requirements of this sec3 tion, the Secretary shall establish procedures to— 

4 ‘‘(1) inventory existing relevant guidance; 

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

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

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

10 that should be developed or revised; and 

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

12 accordance with the prioritization under paragraph 

13 (4). 

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

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

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

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

19 and agencies, as appropriate; 

20 ‘‘(2) State, local, and tribal governments; and 

21 ‘‘(3) nongovernmental organizations and private 

22 industry. 

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

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


PWALKER on DSK8KYBLC1PROD with BILLS
60 

•HR 5498 IH

1 the Secretary shall provide appropriate congressional com2 mittees with— 

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

4 under subsection (d); 

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

6 report; 

7 ‘‘(3) a list of entities to which the guidance de8 scribed in paragraph (2) were disseminated; 

9 ‘‘(4) a plan for reviewing the guidance de10 scribed in paragraph (2), in accordance with sub11 section (e); 

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

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

14 by the Secretary for such prioritization; and 

15 ‘‘(6) a plan for developing, revising, and dis16 seminating the guidance. 

17 ‘‘SEC. 2162. ENVIRONMENTAL RECOVERY FROM CHEMICAL, 

18 BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR 

19 ATTACKS. 

20 ‘‘(a) IN GENERAL.—To facilitate environmental re21 covery from a chemical, biological, radiological, or nuclear 

22 attack or other incident involving chemical, biological, ra23 diological, or nuclear materials and to foster collective re24 sponse to terrorism, the Administrator of the Environ25 mental Protection Agency, in coordination with the AdVerDate Mar 15 2010 03:58 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H5498.IH H5498

PWALKER on DSK8KYBLC1PROD with BILLS
61 

•HR 5498 IH

1 ministrator of the Federal Emergency Management Agen2 cy, shall assess capability gaps in environmental recovery 

3 preparedness and provide guidance to State, local, and 

4 tribal officials to recover from a chemical, biological, radio5 logical or nuclear attack or incident. 

6 ‘‘(b) REQUIREMENTS.—In carrying out subsection 

7 (a), the Administrator of the Environmental Protection 

8 Agency shall— 

9 ‘‘(1) assess capability gaps in the Nation’s abil10 ity to recover from chemical, biological, radiological, 

11 and nuclear attacks or incidents, with specific atten12 tion to— 

13 ‘‘(A) decontamination standards, gaps in 

14 such standards, and recommendations for re15 search to minimize these gaps; 

16 ‘‘(B) environmental remediation methods; 

17 and 

18 ‘‘(C) such other components as determined 

19 by the Secretary; 

20 ‘‘(2) disseminate guidance to State, local, and 

21 tribal authorities that conforms to the goals of the 

22 National Disaster Recovery Strategy as required in 

23 Section 682 of the Department of Homeland Secu24 rity Appropriations Act, 2007 (Public Law 109–295; 

25 6 U.S.C. 771) regarding how to conduct environVerDate Mar 15 2010 03:58 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H5498.IH H5498

PWALKER on DSK8KYBLC1PROD with BILLS
62 

•HR 5498 IH

1 mental remediation of contaminated areas, includ2 ing— 

3 ‘‘(A) clarification of Federal roles and re4 sponsibilities for assisting State, local, and trib5 al governments; and 

6 ‘‘(B) such other guidance as determined by 

7 the Secretary; and 

8 ‘‘(3) develop exercises in consultation with 

9 State, local, and tribal authorities and other appro10 priate Federal agencies, to enhance collective re11 sponse to and recovery from chemical, biological, ra12 diological and nuclear attacks and incidents, includ13 ing exercises that address analysis, environmental 

14 cleanup methods, and decontamination standards.’’. 

15 (b) CLERICAL AMENDMENTS.—The table of contents 

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

17 end the following new items: 

Sec. 201. Weapons of mass destruction prevention and preparedness. 

‘‘TITLE XXI—WEAPONS OF MASS DESTRUCTION PREVENTION 

AND PREPAREDNESS 

‘‘Subtitle A—Prevention and Deterrence 

‘‘Sec. 2101. Weapons of Mass Destruction Intelligence and Information 

Sharing Unit. 

‘‘Sec. 2102. Information sharing and collaboration for biosecurity and biodefense. 

‘‘Sec. 2103. Bioterrorism risk assessments. 

‘‘Sec. 2104. Enhanced biosecurity measures. 

‘‘Sec. 2105. Tier I Material Threat Agent locations. 

‘‘Sec. 2106. High containment biological laboratory security grants. 

‘‘Sec. 2107. Laboratory biosecurity information sharing. 

‘‘Sec. 2108. Periodic homeland security review of criminal statutes. 

‘‘Sec. 2109. Export enforcement for counter-proliferation. 


PWALKER on DSK8KYBLC1PROD with BILLS
63 

•HR 5498 IH

‘‘Subtitle B—Preparedness 

‘‘Sec. 2121. Communication of threat information and alerts. 

‘‘Sec. 2122. Individual and community preparedness for weapons of mass 

destruction. 

‘‘Subtitle C—Detection 

‘‘Sec. 2131. National biosurveillance strategy. 

‘‘Sec. 2132. Detection of biological attacks. 

‘‘Sec. 2133. Rapid biological threat detection and identification. 

‘‘Sec. 2134. Establishment of the system assessment and validation for 

emergency responders (SAVER) program. 

‘‘Sec. 2135. Payment for bioterrorism laboratory services. 

‘‘Sec. 2136. Establishment of the integrated consortium of laboratory networks. 

‘‘Subtitle D—Attribution 

‘‘Sec. 2141. Bioforensics capabilities and strategy. 

‘‘Sec. 2142. Law enforcement training to investigate biological threats. 

‘‘Subtitle E—Response 

‘‘Sec. 2151. First responder guidance concerning weapons of mass destruction attacks. 

‘‘Sec. 2152. Integrated plume modeling for collective response. 

‘‘Subtitle F—Recovery 

‘‘Sec. 2161. Recovery and restoration from a biological attack or incident 

guidance. 

‘‘Sec. 2162. Environmental recovery from chemical, biological, radiological, 

and nuclear attacks. 

1 SEC. 202. DEFINITIONS. 

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

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

4 new paragraphs: 

5 ‘‘(19) The term ‘weapon of mass destruction’ 

6 has the meaning given that term in section 1403(1) 

7 fo the Defense Against Weapons of Mass Destruc8 tion Act of 1996 (50 U.S.C. 2302). 


PWALKER on DSK8KYBLC1PROD with BILLS
64 

•HR 5498 IH

1 ‘‘(20) The term ‘Intelligence Community’ has 

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

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

4 ‘‘(21) The term ‘national biosecurity and bio5 defense stakeholders’ means officials from the Fed6 eral, State, local, and tribal authorities and individ7 uals from the private sector who are involved in ef8 forts to prevent, deter, prepare for, detect, attribute, 

9 respond, and recover from a biological attack or 

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

12 fatalities or infectious disease outbreaks. 

13 ‘‘(22) The term ‘Tier I Material Threat Agent’ 

14 means a substance so designated under section 

15 351A(a)(2) of the Public Health Service Act or sec16 tion 212(a)(2) of the Agricultural Bioterrorism Pro17 tection Act of 2002.’’. 

18 SEC. 203. DUAL-USE TERRORIST RISKS FROM SYNTHETIC 

19 GENOMICS. 

20 (a) SENSE OF CONGRESS.—It is the sense of Con21 gress that the field of synthetic genomics has the potential 

22 to facilitate enormous gains in fundamental discovery and 

23 biotechnological applications, but it also has inherent dual24 use homeland security risks that must be managed. 


PWALKER on DSK8KYBLC1PROD with BILLS
65 

•HR 5498 IH

1 (b) REQUIREMENT.—The Secretary of Homeland Se2 curity, acting through the Under Secretary of Homeland 

3 Security for Science and Technology, shall examine and 

4 report to the appropriate congressional committees by not 

5 later than one year after the date of enactment of this 

6 Act on the homeland security implications of the dual-use 

7 nature of synthetic genomics, and if the Under Secretary 

8 determines that such research is appropriate, may conduct 

9 research in that area, including— 

10 (1) determining the current capability of syn11 thetic nucleic acid providers to effectively differen12 tiate a legitimate customer from a potential terrorist 

13 or other malicious actor; 

14 (2) determining the current capability of syn15 thetic nucleic acid providers to effectively screen or16 ders for sequences of homeland security concern; 

17 and 

18 (3) making recommendations regarding screen19 ing software, protocols, and other remaining capa20 bility gaps uncovered by the study. 


PWALKER on DSK8KYBLC1PROD with BILLS
66 

•HR 5498 IH

1 SEC. 204. DISSEMINATION OF INFORMATION ANALYZED BY 

2 THE DEPARTMENT TO STATE, LOCAL, TRIB3 AL, AND PRIVATE ENTITIES WITH RESPON4 SIBILITIES RELATING TO HOMELAND SECU5 RITY. 

6 (a) RESPONSIBILITIES OF THE SECRETARY.—Section 

7 201(d)(8) of the Homeland Security Act of 2002 (6 

8 U.S.C. 121(d)(8)) is amended by striking ‘‘and to agencies 

9 of State’’ and all that follows and inserting ‘‘to State, 

10 local, tribal, and private entities with such responsibilities, 

11 and, as appropriate, to the public, in order to assist in 

12 preventing, deterring, or responding to acts of terrorism 

13 against the United States’’. 

14 (b) REPORT.—Not later than one year after the date 

15 of the enactment of this Act, the Secretary of Homeland 

16 Security shall submit to the appropriate congressional 

17 committees a report on the implementation of this section. 

18 SEC. 205. NATIONAL BIOSURVEILLANCE INTEGRATION 

19 CENTER (NBIC). 

20 Section 316 of the Homeland Security Act (6 U.S.C. 

21 195b) is amended— 

22 (1) in subsection (a), by striking ‘‘an office or 

23 directorate of the Department’’ and all that follows 

24 through the period at the end and inserting the fol25 lowing: ‘‘the Office of Intelligence and Analysis.’’; 

26 (2) in subsection (d)(2)(B)— 


PWALKER on DSK8KYBLC1PROD with BILLS
67 

•HR 5498 IH

1 (A) by inserting ‘‘and disseminate’’ after 

2 ‘‘integrate’’; and 

3 (B) by inserting ‘‘, including information 

4 and intelligence generated elsewhere within the 

5 Office of Intelligence and Analysis and the De6 partment,’’ after ‘‘information’’; 

7 (3) in subsection (e)(1), by striking subpara8 graph (A) and inserting the following new subpara9 graph (A): 

10 ‘‘(A) integrate biosurveillance information 

11 into the NBIC, with the goal of promoting in12 formation sharing between Federal, State, local, 

13 and tribal governments to detect biological at14 tacks and events of homeland concern;’’; 

15 (4) by amending paragraph (2) of subsection (f) 

16 to read as follows: 

17 ‘‘(2) DETAIL OF PERSONNEL.—The head of a 

18 participating Federal department or agency shall de19 tail, on a reimbursable basis, any of the personnel 

20 of that department or agency to the Department to 

21 assist the NBIC in carrying out this section.’’; and 

22 (5) by redesignating subsection (j) as sub23 section (k) and inserting after subsection (i) the fol24 lowing new subsection (j): 


PWALKER on DSK8KYBLC1PROD with BILLS
68 

•HR 5498 IH

1 ‘‘(j) ANNUAL REPORT.—Not later than one year 

2 after the date of the enactment of the WMD Prevention 

3 and Preparedness Act of 2010 and annually thereafter, 

4 the Secretary shall submit to the appropriate congres5 sional committees a report on— 

6 ‘‘(1) the status of operations at the National 

7 Biosurveillance Integration Center of the Depart8 ment under section 316; 

9 ‘‘(2) efforts by the Office of Intelligence and 

10 Analysis to take responsibility for the National Bio11 surveillance Integration Center; and 

12 ‘‘(3) efforts to integrate the biosurveillance ef13 forts of Federal, State, local, and tribal govern14 ments.’’. 

15 SEC. 206. DEADLINE FOR COMPLETION OF METHODS TO 

16 RAPIDLY SCREEN TRAVELERS AT PORTS OF 

17 ENTRY. 

18 Not later than 90 days after the date of the enact19 ment of this Act, the Secretary of Homeland Security shall 

20 complete the development of the methods to rapidly screen 

21 travelers at ports of entry, as required under subsection 

22 (b) of section 2133 of the Homeland Security Act of 2002, 

23 as added by section 201. 


PWALKER on DSK8KYBLC1PROD with BILLS
69 

•HR 5498 IH

1 SEC. 207. REPORT ON ESTABLISHMENT OF THE SYSTEM AS2 SESSMENT AND VALIDATION FOR EMER3 GENCY RESPONDERS (SAVER) PROGRAM. 

4 Not later than one year after the date of the enact5 ment of this Act, the Secretary of Homeland Security shall 

6 submit to the appropriate congressional committees a re7 port on the SAVER Program under section 2134 of the 

8 Homeland Security Act of 2002, as added by section 201. 

9 SEC. 208. NATIONAL ACADEMY OF SCIENCES STUDY OF FO10 RENSIC SCIENCE IN HOMELAND SECURITY. 

11 (a) STUDY.—Not later than 90 days after the date 

12 of the enactment of this Act, the Secretary of Homeland 

13 Security, acting through the Under Secretary of Home14 land Security for Science and Technology, shall seek to 

15 enter into an agreement with the National Academy of 

16 Sciences to— 

17 (1) conduct a study, building on previous stud18 ies conducted by the National Academy of Sciences, 

19 on the role of forensic science in homeland security; 

20 and 

21 (2) issue recommendations to enhance this 

22 homeland security capability to investigate attacks 

23 from weapons of mass destruction, terrorist inci24 dents, and other crimes investigated by the Depart25 ment. 


PWALKER on DSK8KYBLC1PROD with BILLS
70 

•HR 5498 IH

1 (b) REPORT.—Not later than two years after the date 

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

3 to the appropriate congressional committees a report con4 taining the results of the National Academy of Sciences 

5 study required under subsection (a), together with any 

6 recommendations of the Secretary related thereto. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Department, for fis9 cal year 2011, $1,000,000 to carry out this section. 

10 SEC. 209. HARMONIZATION OF REGULATIONS. 

11 (a) REGULATIONS UNDER PUBLIC HEALTH SERVICE

12 ACT.—Not later than one year after the Secretary of 

13 Homeland Security promulgates regulations or amend14 ments thereto to carry out section 2104 of the Homeland 

15 Security Act of 2002, as added by section 201, the Sec16 retary of Health and Human Services shall amend regula17 tions promulgated under the Select Agent Program under 

18 section 351A(b)(1) of the Public Health Service Act (42 

19 U.S.C. 262a(b)(1)) to ensure that such regulations are not 

20 redundant and are not in conflict with the regulations pro21 mulgated by the Secretary under such section 2104. 

22 (b) REGULATIONS UNDER AGRICULTURE BIOTER23 RORISM PROTECTION ACT OF 2002.—Not later than one 

24 year after the Secretary of Homeland Security promul25 gates regulations or amendments thereto pursuant to such 


PWALKER on DSK8KYBLC1PROD with BILLS
71 

•HR 5498 IH

1 section 2104, the Secretary of Agriculture shall amend 

2 regulations promulgated under the Select Agent Program 

3 under section 212(b)(1) of the Agricultural Bioterrorism 

4 Protection Act of 2002 (7 U.S.C. 8401(b)(1)) to ensure 

5 that such regulations are not redundant and are not in 

6 conflict with the regulations promulgated by the Secretary 

7 under such section 2104. 

8 SEC. 210. COMMUNICATIONS PLANNING FOR WEAPONS OF 

9 MASS DESTRUCTION INFORMATION DISSEMI10 NATION. 

11 (a) COMMUNICATIONS PLANS REQUIRED.—Section 

12 653 of the Post-Katrina Emergency Management Reform 

13 Act of 2006 (6 U.S.C. 753) is amended— 

14 (1) in subsection (a)(4), by inserting after ‘‘dis15 asters’’ the following ‘‘, and a communications plan 

16 described in subsection (f)’’; and 

17 (2) by adding at the end the following new sub18 section: 

19 ‘‘(f) COMMUNICATIONS PLAN.— 

20 ‘‘(1) IN GENERAL.—A communications plan de21 veloped under subsection (a)(4) shall be designed to 

22 provide information to the public related to pre23 venting, preparing for, and responding to attacks 

24 from weapons of mass destruction and acts of ter25 rorism; 


PWALKER on DSK8KYBLC1PROD with BILLS
72 

•HR 5498 IH

1 ‘‘(2) CONSULTATION.—As appropriate, the Ad2 ministrator shall consult with State, local, and tribal 

3 governments and coordinate with other Federal de4 partments and agencies in developing communica5 tions plans under paragraph (1). 

6 ‘‘(3) PRESCRIPTED MESSAGES AND MESSAGE

7 TEMPLATES.— 

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

9 shall develop and disseminate pre-scripted mes10 sages and message templates to be provided to 

11 State, local, and tribal officials so that those of12 ficials can quickly and rapidly disseminate crit13 ical information to the public in anticipation or 

14 in the immediate aftermath of an attack from 

15 a weapon of mass destruction or terrorist inci16 dent, and to be included in the Department of 

17 Homeland Security’s Lessons Learned Informa18 tion Sharing system. 

19 ‘‘(B) DEVELOPMENT AND DESIGN.—The 

20 pre-scripted messages or message templates 

21 shall— 

22 ‘‘(i) be developed in consultation with 

23 State, local, and tribal governments and in 

24 coordination with other appropriate Fed25 eral departments and agencies; 


PWALKER on DSK8KYBLC1PROD with BILLS
73 

•HR 5498 IH

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

2 essential, and appropriate information and 

3 instructions to the population directly af4 fected by an incident, including informa5 tion regarding an evacuation, sheltering in 

6 place, hospital surge operations, health, 

7 and safety; and 

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

9 essential, and appropriate information and 

10 instructions to emergency response pro11 viders and medical personnel responding to 

12 an incident. 

13 ‘‘(C) COMMUNICATIONS FORMATS.—The 

14 Administrator shall develop pre-scripted mes15 sages or message templates under this para16 graph in multiple formats to ensure delivery— 

17 ‘‘(i) in cases where the usual commu18 nications infrastructure is unusable; and 

19 ‘‘(ii) to individuals with disabilities or 

20 other special needs and individuals with 

21 limited English proficiency. 

22 ‘‘(D) DISSEMINATION AND TECHNICAL AS23 SISTANCE.—The Administrator shall ensure 

24 that all pre-scripted messages and message 

25 templates developed under this paragraph are 


PWALKER on DSK8KYBLC1PROD with BILLS
74 

•HR 5498 IH

1 made available to State, local, and tribal gov2 ernments so that those governments may incor3 porate them, as appropriate, into their emer4 gency plans. The Administrator shall also make 

5 available relevant technical assistance to those 

6 governments to support communications plan7 ning. 

8 ‘‘(E) EXERCISES.—To ensure that the pre9 scripted messages or message templates devel10 oped under this paragraph can be effectively 

11 utilized in a disaster or incident, the Adminis12 trator shall incorporate such pre-scripted mes13 sages or message templates into exercises con14 ducted under the National Exercise Program 

15 described in section 648 of the Post-Katrina 

16 Emergency Management Reform Act of 2006 

17 (6 U.S.C. 748).’’. 

18 (b) REPORT.—Not later than one year after the date 

19 of the enactment of this Act, the Administrator shall sub20 mit to the appropriate congressional committees the com21 munications plans required to be developed under the 

22 amendments made by subsection (a), including pre23 scripted messages or message templates developed in con24 junction with the plans and a description of the means 


PWALKER on DSK8KYBLC1PROD with BILLS
75 

•HR 5498 IH

1 that will be used to deliver these messages during such 

2 incidents. 

3 SEC. 211. REPORT ON RECOVERY FROM CHEMICAL, BIO4 LOGICAL, RADIOLOGICAL, AND NUCLEAR AT5 TACKS. 

6 Not later than one year after the date of the enact7 ment of this Act, the Administrator of the Environmental 

8 Protection Agency shall submit to the appropriate con9 gressional committees a report on the Administrator’s as10 sessment under section 2162 of the Homeland Security 

11 Act of 2002, as added by section 201. 

12 TITLE III—PUBLIC HEALTH 

13 MATTERS 

14 SEC. 301. NATIONAL MEDICAL COUNTERMEASURE DIS15 PENSING STRATEGY. 

16 Title III of the Public Health Service Act is amended 

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

18 the following: 

19 ‘‘SEC. 319F–5. NATIONAL MEDICAL COUNTERMEASURE DIS20 PENSING STRATEGY. 

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

22 ‘‘(1) the term ‘dispense’ means to provide med23 ical countermeasures to an affected population in re24 sponse to a threat or incident; and 


PWALKER on DSK8KYBLC1PROD with BILLS
76 

•HR 5498 IH

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

2 a qualified countermeasure (as defined in section 

3 319F–1(a)(2)). 

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

5 with the Secretary of Homeland Security, the Secretary 

6 of Agriculture, and other appropriate Federal agencies, 

7 shall develop, implement, and, as appropriate, periodically 

8 update a National Medical Countermeasure Dispensing 

9 Strategy to enhance preparedness and collective response 

10 to an attack on humans or animals with any chemical, 

11 biological, radiological, or nuclear material. 

12 ‘‘(c) COORDINATION.—Where appropriate, the Sec13 retary shall coordinate with State, local, and tribal govern14 ment officials, private sector, and nongovernmental orga15 nizations on the National Medical Countermeasures Dis16 pensing Strategy. 

17 ‘‘(d) REPORT.—Not later than one year after the 

18 date of the enactment of this section, the Secretary, in 

19 coordination with the Secretary of Homeland Security, 

20 shall submit the National Medical Countermeasures Dis21 pensing Strategy to the appropriate congressional commit22 tees.’’. 


PWALKER on DSK8KYBLC1PROD with BILLS
77 

•HR 5498 IH

1 SEC. 302. MATERIAL THREAT ASSESSMENTS AND DETER2 MINATIONS. 

3 Section 319F–2(c)(2)(A) of the Public Health Serv4 ice Act (42 U.S.C. Sec 247d–6b(c)(2)(A)) is amended— 

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

6 (2) in clause (ii), by striking the period at the 

7 end and inserting ‘‘; and’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(iii) review and reassess determina10 tions under clause (ii) to determine wheth11 er agents continue to present a material 

12 threat against the United States popu13 lation sufficient to affect national security 

14 and homeland security.’’. 

15 SEC. 303. NATIONAL PRE-EVENT VACCINATION AND ANTI16 MICROBIAL DISPENSING POLICY REVIEW. 

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

18 Human Services, in coordination with the Secretary of 

19 Homeland Security, shall review the adequacy of domestic 

20 vaccination and antimicrobial dispensing policy, guidance, 

21 and information provided to the public in light of any 

22 known terrorist risk of a biological attack or other phe23 nomena that may have serious health consequences for the 

24 United States, including wide-scale fatalities or infectious 

25 disease outbreaks. In carrying out the review under this 

26 section, the Secretary shall consider— 


PWALKER on DSK8KYBLC1PROD with BILLS
78 

•HR 5498 IH

1 (1) material threat assessments and determina2 tions conducted by the Department of Homeland Se3 curity; 

4 (2) reports on global trends and intelligence 

5 produced by the Office of the Director of National 

6 Intelligence and the Intelligence Community regard7 ing biological threats; 

8 (3) the availability of domestic vaccine and 

9 antimicrobials to dispense to the public, on a vol10 untary basis, in anticipation of a biological attack; 

11 and 

12 (4) making surplus expiring domestic vaccine 

13 and antimicrobials available to State, local, and trib14 al emergency responders, including health care re15 sponders, on a voluntary basis. 

16 (b) REPORT.—Not later than one year after the date 

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

18 Human Services shall submit to the appropriate congres19 sional committees a report on the review required by sub20 section (a), together with any recommendations relating 

21 to the availability of domestic vaccine and antimicrobials 

22 for disbursing to the public and voluntary immunization 

23 by first responders. 


PWALKER on DSK8KYBLC1PROD with BILLS
79 

•HR 5498 IH

1 SEC. 304. DESIGNATION OF TIER I MATERIAL THREAT 

2 AGENTS. 

3 (a) PUBLIC HEALTH SERVICE ACT.—Section 351A 

4 of the Public Health Service Act (42 U.S.C. 262a) is 

5 amended in subsection (a)— 

6 (1) by redesignating paragraph (2) as para7 graph (3); 

8 (2) by inserting after paragraph (1) the fol9 lowing: 

10 ‘‘(2) TIER I MATERIAL THREAT AGENTS.— 

11 ‘‘(A) DESIGNATION OF TIER I MATERIAL

12 THREAT AGENTS.—Not later than 1 year after 

13 the date of the enactment of this paragraph, 

14 the Secretary, in coordination with the Sec15 retary of Homeland Security and other Federal 

16 officials as appropriate, shall by regulation des17 ignate as ‘Tier I Material Threat Agents’ those 

18 agents and toxins— 

19 ‘‘(i) that— 

20 ‘‘(I) are determined by the Sec21 retary of Homeland Security under 

22 section 319F–2(c)(2) to present a ma23 terial threat against the United States 

24 population sufficient to affect national 

25 security; and 


PWALKER on DSK8KYBLC1PROD with BILLS
80 

•HR 5498 IH

1 ‘‘(II) are determined to warrant 

2 designation after applying the criteria 

3 in subparagraph (B); or 

4 ‘‘(ii) that clearly present a material 

5 threat to the Nation as otherwise deter6 mined by the Secretary or the Secretary of 

7 Homeland Security. 

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

9 to designate an agent or toxin as a Tier I Mate10 rial Threat Agent under subparagraph (A)(i), 

11 the Secretary, in coordination with the Sec12 retary of Homeland Security, shall consider— 

13 ‘‘(i) whether the agent or toxin can be 

14 used effectively in a biological attack; 

15 ‘‘(ii) information available from any 

16 biological or bioterrorism risk assessments 

17 conducted by the Department of Homeland 

18 Security and relevant assessments by other 

19 agencies; and 

20 ‘‘(iii) such other criteria and informa21 tion as the Secretary, in coordination with 

22 the Secretary of Homeland Security, deter23 mines appropriate and relevant. 

24 ‘‘(C) INCLUSION OF AGENTS AND TOXINS

25 NOT PREVIOUSLY LISTED.—All agents or toxins 


PWALKER on DSK8KYBLC1PROD with BILLS
81 

•HR 5498 IH

1 designated by the Secretary as Tier I Material 

2 Threat Agents shall be included on the list 

3 maintained by the Secretary pursuant to para4 graph (1). 

5 ‘‘(D) EVALUATION OF TIER I MATERIAL

6 THREAT AGENTS.—The Secretary, in coordina7 tion with the Secretary of Homeland Security, 

8 shall— 

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

10 inclusion of additional agents or toxins on 

11 the list of Tier I Material Threat Agents, 

12 as appropriate; and 

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

14 of Tier I Material Threat agents to deter15 mine whether any agents or toxins should 

16 be removed from the list.’’; and 

17 (3) in paragraph (3), as so redesignated— 

18 (A) by striking ‘‘list under paragraph (1)’’ 

19 and inserting ‘‘lists under paragraphs (1) and 

20 (2)’’; and 

21 (B) by striking ‘‘revise the list’’ and insert22 ing ‘‘revise the lists’’. 

23 (b) AGRICULTURAL BIOTERRORISM PROTECTION

24 ACT OF 2002.—Section 212(a) of the Agricultural BioterVerDate Mar 15 2010 03:58 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H5498.IH H5498

PWALKER on DSK8KYBLC1PROD with BILLS
82 

•HR 5498 IH

1 rorism Protection Act of 2002 (7 U.S.C. 8401(a)) is 

2 amended— 

3 (1) by redesignating paragraph (2) as para4 graph (3); 

5 (2) by inserting after paragraph (1) the fol6 lowing: 

7 ‘‘(2) TIER I MATERIAL THREAT AGENTS.— 

8 ‘‘(A) DESIGNATION OF TIER I MATERIAL

9 THREAT AGENTS.—Not later than one year 

10 after the date of the enactment of this para11 graph, the Secretary, in coordination with the 

12 Secretary of Homeland Security, the Secretary 

13 of Health and Human Services, and other Fed14 eral officials as appropriate, shall by regulation 

15 designate as ‘Tier I Material Threat Agents’ 

16 those agents and toxins— 

17 ‘‘(i) that— 

18 ‘‘(I) are determined by the Sec19 retary of Homeland Security under 

20 section 319F–2(c)(2) of the Public 

21 Health Service Act to present a mate22 rial threat against the United States 

23 population sufficient to affect national 

24 security; and 


PWALKER on DSK8KYBLC1PROD with BILLS
83 

•HR 5498 IH

1 ‘‘(II) are determined to warrant 

2 designation after applying the criteria 

3 in subparagraph (B); or 

4 ‘‘(ii) that clearly present a material 

5 threat to the Nation as otherwise deter6 mined by the Secretary or the Secretary of 

7 Homeland Security. 

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

9 to designate an agent or toxin as a Tier I Mate10 rial Threat Agent under subparagraph (A)(i), 

11 the Secretary, in coordination with the Sec12 retary of Homeland Security, shall consider— 

13 ‘‘(i) whether the agent or toxin can be 

14 used effectively in a biological attack; 

15 ‘‘(ii) information available from any 

16 biological or bioterrorism risk assessments 

17 conducted by the Department of Homeland 

18 Security and relevant assessments by other 

19 agencies; and 

20 ‘‘(iii) such other criteria and informa21 tion that the Secretary, in coordination 

22 with the Secretary of Homeland Security, 

23 determines appropriate and relevant. 

24 ‘‘(C) INCLUSION OF AGENTS AND TOXINS

25 NOT PREVIOUSLY LISTED.—All agents or toxins 


PWALKER on DSK8KYBLC1PROD with BILLS
84 

•HR 5498 IH

1 designated by the Secretary as Tier I Material 

2 Threat Agents shall be included on the list 

3 maintained by the Secretary pursuant to para4 graph (1). 

5 ‘‘(D) EVALUATION OF TIER I MATERIAL

6 THREAT AGENTS.—The Secretary, in coordina7 tion with the Secretary of Homeland Security, 

8 shall— 

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

10 inclusion of additional agents or toxins on 

11 the list of Tier I Material Threat Agents, 

12 as appropriate; and 

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

14 of Tier I Material Threat agents to deter15 mine whether any agents or toxins should 

16 be removed from the list.’’; and 

17 (3) in paragraph (3), as so redesignated— 

18 (A) by striking ‘‘list under paragraph (1)’’ 

19 and inserting ‘‘lists under paragraphs (1) and 

20 (2)’’; and 

21 (B) by striking ‘‘revise the list’’ and insert22 ing ‘‘revise the lists’’. 

23 SEC. 305. BACKGROUND CHECKS. 

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

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


PWALKER on DSK8KYBLC1PROD with BILLS
85 

•HR 5498 IH

1 the end the following: ‘‘In identifying whether an indi2 vidual is within a category specified in subparagraph 

3 (B)(ii)(II), the Attorney General shall coordinate with the 

4 Secretary of Homeland Security, the Secretary of Defense, 

5 and the Secretary of State to determine whether these offi6 cials possess any information relevant to the identification 

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

8 SEC. 306. BIOTECHNOLOGY RESEARCH, DEVELOPMENT, 

9 AND PROCUREMENT. 

10 Title III of the Public Health Service Act is amended 

11 by inserting after section 319M (42 U.S.C. 247d–f) the 

12 following: 

13 ‘‘SEC. 319N. BIOTECHNOLOGY RESEARCH, DEVELOPMENT, 

14 AND PROCUREMENT. 

15 ‘‘(a) IN GENERAL.—The Secretary shall develop a 

16 comprehensive research, development, and acquisition 

17 process for counter-bioterrorism that employs the inherent 

18 functions, capabilities, authorities, and responsibilities of 

19 NIH, BARDA, and Project BioShield. The process shall— 

20 ‘‘(1) assign NIH responsibility for research and 

21 development of counter-bioterrorism technologies 

22 that range in development from basic principles ob23 served and reported up to model or prototype dem24 onstration in a relevant environment; 


PWALKER on DSK8KYBLC1PROD with BILLS
86 

•HR 5498 IH

1 ‘‘(2) assign BARDA responsibility for research 

2 and development of counter-bioterrorism tech3 nologies that range in development from model or 

4 prototype demonstration in a relevant environment 

5 up to a system qualified for application through suc6 cessful test and demonstration; 

7 ‘‘(3) assign Project BioShield responsibility for 

8 procurement of counter-bioterrorism technologies 

9 that— 

10 ‘‘(A) are qualified for application through 

11 successful test and demonstration; and 

12 ‘‘(B) meet the minimum statutory require13 ments for emergency use authorization in sec14 tion 564 of the Federal Food, Drug, and Cos15 metic Act; and 

16 ‘‘(4) include a formal agreement among NIH, 

17 BARDA, and Project BioShield that— 

18 ‘‘(A) identifies the need for any specific bi19 ological countermeasure, derived from informa20 tion developed under section 319F–2; 

21 ‘‘(B) identifies the current technology 

22 readiness level of the countermeasure; and 

23 ‘‘(C) requires the development of the bio24 logical countermeasure from the current tech25 nology readiness level through the procurement 


PWALKER on DSK8KYBLC1PROD with BILLS
87 

•HR 5498 IH

1 of the countermeasure in accordance with para2 graph (3). 

3 ‘‘(b) RESPONSIBILITY OF NIH.—For counter4 measures identified under subsection (a)(4)(A) that have 

5 a level of development from basic principles observed and 

6 reported up to model or prototype demonstration in a rel7 evant environment, the Director of NIH shall conduct re8 search and development until the Director certifies to the 

9 Secretary of Health and Human Services that— 

10 ‘‘(1) the countermeasure has completed model 

11 or prototype demonstration in a relevant environ12 ment; or 

13 ‘‘(2) the Director does not believe that comple14 tion of model or prototype demonstration in a rel15 evant environment is reasonably achievable. 

16 ‘‘(c) RESPONSIBILITY OF BARDA.—For counter17 measures identified under subsection (a)(4)(A) that have 

18 a level of development of model or prototype demonstra19 tion in a relevant environment, including but not limited 

20 to those countermeasures certified to have that level of 

21 development by the Director of NIH, the Director of 

22 BARDA shall conduct research and development until the 

23 Director of BARDA certifies to the Secretary of Health 

24 and Human Services that— 


PWALKER on DSK8KYBLC1PROD with BILLS
88 

•HR 5498 IH

1 ‘‘(1) the countermeasure has qualified for appli2 cation through successful test and demonstration; or 

3 ‘‘(2) the Director does not believe that quali4 fication for application through successful test and 

5 demonstration is reasonably achievable. 

6 ‘‘(d) RESPONSIBILITY OF PROJECT BIOSHIELD.— 

7 For countermeasures identified under subsection 

8 (a)(4)(A) that are qualified for application through suc9 cessful test and demonstration, including but not limited 

10 to those countermeasures certified to have qualified for ap11 plication through successful test and demonstration by the 

12 Director of BARDA, the Assistant Secretary of Health 

13 and Human Services for Preparedness and Response shall 

14 use the Project BioShield special reserve fund to procure 

15 the countermeasure if the countermeasure meets the re16 quirements for emergency use authorization described in 

17 subsection (a)(3)(B). 

18 ‘‘(e) NO REQUIREMENT FOR FOOD AND DRUG AD19 MINISTRATION GENERAL USE APPROVAL.—The Secretary 

20 shall ensure that the Directors of NIH and BARDA and 

21 the Assistant Secretary of Health and Human Services for 

22 Preparedness and Response do not discontinue any re23 search, development, or procurement of a countermeasure 

24 identified under subsection (a)(4)(A) because the Food 

25 and Drug Administration has not, or decides against, apVerDate Mar 15 2010 22:29 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H5498.IH H5498

PWALKER on DSK8KYBLC1PROD with BILLS
89 

•HR 5498 IH

1 proving or licensing the countermeasure for general use 

2 under chapter V of the Federal Food, Drug, and Cosmetic 

3 Act or section 351 of this Act, as applicable. 

4 ‘‘(f) ENTREPRENEURIAL RISK.—The Secretary shall 

5 require the Directors of NIH and BARDA and the Assist6 ant Secretary of Health and Human Services for Pre7 paredness and Response to demonstrate a reasonably ag8 gressive level of entrepreneurial risk in research, develop9 ment, and procurement of each countermeasure identified 

10 under subsection (a)(4)(A). 

11 ‘‘(g) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘BARDA’ means the Biomedical 

13 Advanced Research and Development Authority es14 tablished under section 319L(c). 

15 ‘‘(2) The term ‘NIH’ means the National Insti16 tutes of Health. 

17 ‘‘(3) The term ‘Project Bioshield’ means the 

18 Federal medical countermeasure procurement pro19 gram established by Public Law 108–276.’’. 

20 TITLE IV—FOREIGN RELATIONS 

21 MATTERS 

22 SEC. 401. INTERNATIONAL COLLABORATION AND INFORMA23 TION SHARING RELATING TO BIOSECURITY. 

24 The Secretary of State, in coordination with the Sec25 retary of Homeland Security, the Secretary of Agriculture, 


PWALKER on DSK8KYBLC1PROD with BILLS
90 

•HR 5498 IH

1 the Secretary of Health and Human Services, and the 

2 heads of other appropriate Federal agencies, shall— 

3 (1) support efforts in other countries and re4 gions to develop mechanisms and capabilities for re5 porting to United Nations organizations validated 

6 data on biological attacks or other phenomena that 

7 may have serious health consequences for the United 

8 States, including wide-scale fatalities or infectious 

9 disease outbreaks; 

10 (2) engage other Federal and nongovernmental 

11 entities and other countries to advance awareness 

12 and understanding of the risk posed by information 

13 derived from the life sciences that has the potential 

14 for misuse to cause harm, and advance recommenda15 tions on how best to address such risk; 

16 (3) engage such entities and countries to pro17 mote greater awareness and understanding of the 

18 global availability of and access to life science tech19 nologies and materials; and 

20 (4) promote the development and use of mecha21 nisms for reporting, preserving, and sharing data on 

22 Federal programs and investments in international 

23 scientific, agricultural, medical, and public health 

24 collaborations in support of efforts to enhance global 

25 biosecurity. 


PWALKER on DSK8KYBLC1PROD with BILLS
91 

•HR 5498 IH

1 SEC. 402. INTERNATIONAL ENGAGEMENT TO ENHANCE BIO2 DEFENSE AND BIOSECURITY. 

3 The Secretary of State, in coordination and consulta4 tion with the Secretary of Homeland Security, and the 

5 heads other appropriate Federal agencies, shall— 

6 (1) support efforts of other countries to estab7 lish and build capacity to effectively implement legis8 lation criminalizing the development or use of bio9 logical weapons or acts of bioterrorism; 

10 (2) engage other countries and international 

11 nongovernmental entities to develop and establish 

12 common standards, guidance, and best practices for 

13 actions relevant to preventing acts of bioterrorism 

14 and the illicit use of life sciences; 

15 (3) support the efforts of other countries to en16 hance biosecurity and safety practices at laboratories 

17 and other facilities with materials that could be used 

18 in biological weapons or in an act of bioterrorism; 

19 (4) promote the development and adoption of 

20 international guidance for the safety and security of 

21 high-risk pathogens and toxins; and 

22 (5) promote information sharing relating to 

23 threats and best practices between the intelligence 

24 community, Federal law enforcement, and inter25 national law enforcement and security officials. 


PWALKER on DSK8KYBLC1PROD with BILLS
92 

•HR 5498 IH

1 SEC. 403. INTERAGENCY TASK FORCE ON BEST PRACTICES 

2 FOR GLOBAL BIOPREPAREDNESS. 

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that preparedness for a chemical, biological, radio5 logical, or nuclear incident must be undertaken not only 

6 domestically but also internationally. Specifically, there is 

7 a need for a global preparedness architecture for such an 

8 event. Congress supports efforts to provide an inter9 national forum for discussion of key health security poli10 cies with international dimensions, and the establishment 

11 of a formal United States interagency task force to de12 velop best practices and recommendations for implementa13 tion of a global preparedness architecture could enhance 

14 global preparedness. 

15 (b) ESTABLISHMENT OF TASK FORCE.—The Sec16 retary of State shall convene and lead an interagency task 

17 force to examine— 

18 (1) the state of global biopreparedness for a 

19 major biological event; 

20 (2) necessary components of a global bio21 preparedness architecture that would advance inter22 national health security, including considerations 

23 of— 

24 (A) risk assessments; 

25 (B) prevention and deterrence; 

26 (C) detection; 


PWALKER on DSK8KYBLC1PROD with BILLS
93 

•HR 5498 IH

1 (D) regional stockpiling of medical coun2 termeasures, including considerations of— 

3 (i) security of the stockpile; 

4 (ii) delivery planning; and 

5 (iii) legal dimensions of and obstacles 

6 to implementing such an architecture; 

7 (E) attribution; 

8 (F) response; 

9 (G) other elements that should be a com10 ponent of such an architecture; and 

11 (H) obstacles to implementing such an ar12 chitecture; 

13 (3) best practices for preparedness based on 

14 lessons learned from domestic efforts to address the 

15 above issues, and that may be applicable internation16 ally; 

17 (4) activities undertaken through the National 

18 Strategy for Countering Biological Threats and the 

19 International Health Regulations 2005, as well as 

20 other activities deemed relevant by the task force; 

21 and 

22 (5) the utility of working through existing inter23 national forums as a mechanism for distributing this 

24 information to the international community. 


PWALKER on DSK8KYBLC1PROD with BILLS
94 

•HR 5498 IH

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

2 include representatives from— 

3 (1) the Department of Homeland Security; 

4 (2) the Department of Health and Human 

5 Services, including the Centers for Disease Control 

6 and Prevention; 

7 (3) the Department of Agriculture; 

8 (4) the Department of Defense; 

9 (5) the Department of Justice; 

10 (6) the Department of State; 

11 (7) the United States Agency for International 

12 Development; 

13 (8) the Director of National Intelligence; 

14 (9) other Federal departments and agencies, as 

15 determined appropriate by the Secretary; and 

16 (10) other national biosecurity and biodefense 

17 stakeholders, including private sector, including the 

18 pharmaceutical industry and the biological labora19 tory community, as determined appropriate by the 

20 Secretary. 

21 (d) REPORT.—Not later than 18 months after the 

22 date of the enactment of this Act, the Secretary shall sub23 mit to the appropriate congressional committees a report 

24 on the findings of the task force established under this 

25 section. 


PWALKER on DSK8KYBLC1PROD with BILLS
95 

•HR 5498 IH

1 SEC. 404. BIOLOGICAL AND TOXIN WEAPONS CONVENTION. 

2 The Secretary of State shall— 

3 (1) promote confidence in effective implementa4 tion of and compliance with the Convention on the 

5 Prohibition of the Development, Production and 

6 Stockpiling of Bacteriological (Biological) and Toxin 

7 Weapons and on their Destruction (commonly re8 ferred to as the ‘‘Biological and Toxin Weapons 

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

10 by promoting transparency with respect to legitimate 

11 activities and pursuing compliance diplomatically to 

12 address concerns; 

13 (2) promote universal membership in the Con14 vention; 

15 (3) develop an action plan for increasing inter16 national adherence to the Convention; and 

17 (4) ensure that United States participation in 

18 Convention meetings is broadly inclusive of rep19 resentatives of relevant Federal departments and 

20 agencies. 

Æ 


PWALKER on DSK8KYBLC1PROD with BILLS