I 

112TH CONGRESS 

1ST SESSION H. R. 2356 

To enhance homeland security by improving efforts to prevent, protect 

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

mass destruction, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2011 

Mr. PASCRELL (for himself, Mr. KING of New York, Mr. THOMPSON of Mississippi, Mr. DANIEL E. LUNGREN of California, Ms. CLARKE of New 

York, Mr. ROGERS of Alabama, Ms. RICHARDSON, Mr. BILIRAKIS, Mr. 

CLARKE of Michigan, Mrs. MILLER of Michigan, and Mr. MEEHAN) introduced the following bill; which was referred to the Committee on 

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

Commerce, Transportation and Infrastructure, Foreign Affairs, and Select Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

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

attack with a weapon of mass destruction, and for other 

purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘WMD Prevention and Preparedness Act of 2011’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—A NATIONAL BIODEFENSE ENTERPRISE 

Sec. 101. Special Assistant for Biodefense. 

Sec. 102. National Biodefense Plan. 

Sec. 103. National biosurveillance strategy. 

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

TITLE II—INTELLIGENCE MATTERS 

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

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

TITLE III—HOMELAND SECURITY MATTERS 

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

‘‘TITLE XXI—WEAPONS OF MASS DESTRUCTION PREVENTION 

AND PREPAREDNESS 

‘‘Subtitle A—Prevention 

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

sharing. 

‘‘Sec. 2102. Risk assessments. 

‘‘Sec. 2103. Periodic homeland security review of criminal statutes. 

‘‘Sec. 2104. Export enforcement for counterproliferation. 

‘‘Sec. 2105. Communication of threat information. 

‘‘Sec. 2106. Individual and community preparedness for chemical, biological, radiological, and nuclear attacks. 

‘‘Subtitle B—Protection 

‘‘Sec. 2121. Detection of biological attacks. 

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

entry. 

‘‘Sec. 2123. Evaluating detection technology. 

‘‘Sec. 2124. Laboratory biosecurity information sharing. 

‘‘Sec. 2125. Domestic implementation of the Global Nuclear Detection Architecture. 

‘‘Subtitle C—Response 

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


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

‘‘Sec. 2133. Establishment of the System Assessment and Validation for 

Emergency Responders (SAVER) program. 

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

‘‘Sec. 2135. Bioforensics capabilities. 

‘‘Sec. 2136. Federal law enforcement training to investigate biological 

threats. 

‘‘Sec. 2137. Metropolitan Medical Response System Program. 

‘‘Subtitle D—Recovery 

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

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

attack or incident. 

‘‘Sec. 2143. Exercises. 

Sec. 302. Enhancing laboratory biosecurity. 

Sec. 303. Definitions. 

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

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

local, tribal, and private entities with responsibilities relating to 

homeland security. 

TITLE IV—PUBLIC HEALTH MATTERS 

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

Sec. 402. National medical countermeasure dispensing strategy. 

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

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

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

Sec. 405. Material threat determinations reviews. 

Sec. 406. Background checks. 

TITLE V—FOREIGN RELATIONS MATTERS 

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

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

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

Sec. 504. Biological and Toxin Weapons Convention. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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


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1 having legislative jurisdiction under the rules of the 

2 House of Representatives or Senate, respectively, 

3 over the matter concerned. 

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

5 meaning given that term in section 3(4) of the Na6 tional Security Act of 1947 (50 U.S.C. 401a(4)). 

7 (3) The term ‘‘national biosecurity and bio8 defense stakeholders’’ means officials from the Fed9 eral, State, local, and tribal authorities and individ10 uals from the private sector who are involved in ef11 forts to prevent, protect against, respond to, and re12 cover from a biological attack or other phenomena 

13 that may have serious health consequences for the 

14 United States, including wide-scale fatalities or in15 fectious disease outbreaks. 

16 TITLE I—A NATIONAL 

17 BIODEFENSE ENTERPRISE 

18 SEC. 101. SPECIAL ASSISTANT FOR BIODEFENSE. 

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

20 member of the National Security Council to serve as Spe21 cial Assistant to the President for Biodefense, who shall— 

22 (1) serve as the principal advisor to the Presi23 dent regarding coordination of Federal biodefense 

24 policy including prevention, protection, response, and 

25 recovery from biological attacks or other phenomena 


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1 that may have serious health consequences for the 

2 United States, including wide-scale fatalities or in3 fectious disease outbreaks; 

4 (2) identify gaps, duplication, and other ineffi5 ciencies in existing biodefense activities and the ac6 tions necessary to overcome these obstacles; 

7 (3) lead the development of a coordinated Na8 tional Biodefense Plan, in accordance with section 

9 102; 

10 (4) lead the development of a coordinated Na11 tional Biosurveillance Strategy, in accordance with 

12 section 103; 

13 (5) lead the development of a coordinated na14 tional research and development strategy and imple15 mentation plan for microbial forensics, the latter to 

16 be updated not less than once every four years; 

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

18 the Office of Management and Budget, the develop19 ment of a comprehensive cross-cutting biodefense 

20 budget analysis to inform prioritization of resources 

21 and ensure that biodefense challenges are adequately 

22 addressed, in accordance with section 104; and 

23 (7) conduct ongoing oversight and evaluation of 

24 implementation of Federal biodefense activities by 

25 relevant Government departments and agencies. 


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

2 Special Assistant to the President for Biodefense shall not 

3 be construed as affecting access by Congress or commit4 tees of either House of Congress to information, docu5 ments, and studies in the possession of, or conducted by 

6 or at the direction of, the Special Assistant. 

7 SEC. 102. NATIONAL BIODEFENSE PLAN. 

8 The Special Assistant to the President for Biodefense 

9 shall submit to the President a National Biodefense Plan 

10 that— 

11 (1) identifies biological risks to the Nation to be 

12 addressed by the Plan, consistent with section 2102 

13 of the Homeland Security Act of 2002, as amended 

14 by this Act; 

15 (2) delineates activities and tasks to be per16 formed, including prevention, protection, response, 

17 and recovery activities, to address the risks identi18 fied under paragraph (1); 

19 (3) identifies biodefense assets, interdepend20 encies, and capability gaps; 

21 (4) defines organizational roles, responsibilities, 

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

23 authorities with respect to the activities and tasks 

24 delineated in (2); 


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1 (5) integrates and supports the strategies out2 lined in Presidential Policy Directives 2 and 8 and 

3 Homeland Security Presidential Directives 5, 9, 10, 

4 18, 21, and their successors, and other strategy doc5 uments as appropriate; 

6 (6) is consistent with the National Response 

7 Framework as published by the Secretary of Home8 land Security in January 2008, and any successors 

9 thereof; 

10 (7) incorporates input from Federal, State, 

11 local, and tribal stakeholders; 

12 (8) provides planning guidance to biosecurity 

13 and biodefense stakeholders; and 

14 (9) shall be delivered to the President and the 

15 Congress within 18 months after the date of the en16 actment of this Act, and updated as necessary. 

17 SEC. 103. NATIONAL BIOSURVEILLANCE STRATEGY. 

18 (a) STRATEGY FOR BIOSURVEILLANCE.—The Special 

19 Assistant to the President for Biodefense shall publish a 

20 National Strategy for Biosurveillance. 

21 (b) MATTERS FOR CONSIDERATION.—In developing 

22 the strategy required under subsection (a), the Special As23 sistant shall take into consideration— 

24 (1) the state of biosurveillance domestically and 

25 internationally; 


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1 (2) material threat assessments and determina2 tions developed by the Secretary in accordance with 

3 the Project BioShield Act of 2004 (Public Law 108– 

4 276) and the amendments made by that Act; 

5 (3) reports on global trends produced by the 

6 Office of the Director of National Intelligence re7 garding the biological threat; 

8 (4) information available in biosurveillance sys9 tems and changes to information technology includ10 ing systems used commercially to allow for the incor11 poration and integration of this information; 

12 (5) Intelligence Community needs as articulated 

13 in relevant intelligence strategies; and 

14 (6) costs associated with establishing and main15 taining the necessary infrastructure to integrate bio16 surveillance systems. 

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

18 strategy required under subsection (a), the Special Assist19 ant shall publish an implementation plan for such strategy 

20 that includes benchmarks for measuring the success of the 

21 Strategy. The implementation plan shall— 

22 (1) include a plan for advancing situational 

23 awareness of biological threats, by rapid detection 

24 and dissemination of biosurveillance information in 

25 real time, and through other means; 


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1 (2) identify key elements of information to be 

2 shared, critical sensitivities to be protected, and a 

3 framework for enabling information exchange; 

4 (3) include a plan for fostering information 

5 sharing among national biosecurity and biodefense 

6 stakeholders to identify potential threats, reduce 

7 vulnerabilities and improve collective response activi8 ties to and investigations of suspected biological at9 tacks; and 

10 (4) include a plan for enhancing the capability 

11 of the Federal Government to rapidly identify, char12 acterize, localize, and track a biological event of na13 tional concern by integrating and analyzing data re14 lating to human health, animal, plant, food, and en15 vironmental monitoring systems (both national and 

16 international). 

17 (d) DEADLINE; SUBMISSION; UPDATES.—The Spe18 cial Assistant shall— 

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

20 appropriate congressional committees, by not later 

21 than one year after the date of enactment of this 

22 Act; and 

23 (2) publish an implementation plan for such 

24 strategy not later than two years after the date of 


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1 enactment of this Act, and update the implementa2 tion plan at least once every four years. 

3 SEC. 104. COMPREHENSIVE CROSS-CUTTING BIODEFENSE 

4 BUDGET ANALYSIS. 

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

6 planning, eliminate redundancies, identify capability gaps, 

7 and provide for greater transparency, the Special Assist8 ant to the President for Biodefense, in coordination with 

9 the Director of the Office of Management and Budget, 

10 shall transmit to the appropriate congressional commit11 tees, concurrent with the submission of the President’s an12 nual budget to the Congress, a comprehensive cross-cut13 ting biodefense budget analysis that delineates and inte14 grates the biodefense expenditure requests for the depart15 ments and agencies headed by the officials listed in sub16 section (c). 

17 (b) CONTENTS.— 

18 (1) IN GENERAL.—The comprehensive cross19 cutting biodefense budget analysis shall provide a 

20 detailed, separate analysis, by budget function, by 

21 department or agency, and by initiative area (as de22 termined by the Administration), for the prior fiscal 

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

24 which the budget is submitted, identifying the 

25 amounts of gross and net appropriations or 


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1 obligational authority and outlays that contribute to 

2 biodefense, with separate displays for mandatory 

3 and discretionary amounts, including— 

4 (A) summaries of the total amount of such 

5 appropriations or obligational authority and 

6 outlays requested for biodefense; 

7 (B) an estimate of the current service lev8 els of biodefense spending; and 

9 (C) an indication of how the Federal ac10 tivities or accounts covered by the analysis sup11 port the activities delineated in the National 

12 Biodefense Plan under section 102(2). 

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

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

15 amounts shall be provided by account for each pro16 gram, project, and activity. 

17 (c) COORDINATION.—In implementing this section, 

18 including determining what Federal activities or accounts 

19 constitute biodefense for purposes of budgetary classifica20 tion, the Special Assistant, in coordination with the Direc21 tor of Office of Management and Budget, shall consult 

22 with— 

23 (1) the Secretary of Agriculture; 

24 (2) the Secretary of Commerce; 

25 (3) the Secretary of Defense; 


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1 (4) the Secretary of Energy; 

2 (5) the Secretary of Health and Human Serv3 ices; 

4 (6) the Secretary of Homeland Security; 

5 (7) the Secretary of State; 

6 (8) the Secretary of Veterans Affairs; 

7 (9) the Attorney General; 

8 (10) the Administrator of the Environmental 

9 Protection Agency; 

10 (11) the Director of the National Science Foun11 dation; and 

12 (12) the Postmaster General of the United 

13 States. 

14 (d) CONSULTATION WITH CONGRESS.—Periodically, 

15 but at least annually, the Special Assistant for Biodefense 

16 shall consult with the Committee on Homeland Security 

17 of the House of Representatives, the Committee on Home18 land Security and Governmental Affairs of the Senate, the 

19 Budget Committees of the House of Representatives and 

20 the Senate, the Appropriations Committees of the House 

21 of Representatives and the Senate, and the Congressional 

22 Budget Office. 


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1 TITLE II—INTELLIGENCE 

2 MATTERS 

3 SEC. 201. 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) identify and address target capabilities 

24 needed for successful intelligence collection on weap25 ons of mass destruction; 


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1 (2) include methods for the recruitment, train2 ing, and retention of a workforce with expertise in 

3 the collection, analysis, and dissemination of intel4 ligence related to all types of weapons of mass de5 struction and science and technology related to 

6 weapons of mass destruction, as well as expertise in 

7 science and technology relating to risks posed by 

8 weapons of mass destruction; and 

9 (3) include methods for information sharing 

10 and collaboration, as appropriate, with non-Federal 

11 national biosecurity and biodefense stakeholders. 

12 (c) IMPLEMENTATION PLAN.—The plan for imple13 menting the strategy required under subsection (a) shall 

14 include— 

15 (1) actions necessary to increase the effective16 ness and efficiency of the sharing of intelligence on 

17 weapons of mass destruction throughout the Intel18 ligence Community and with other Federal partners, 

19 including a description of statutory, regulatory, pol20 icy, technical, security, or other barriers that impede 

21 such sharing, and, as appropriate, the development 

22 of uniform standards across the Intelligence Com23 munity for such sharing; 

24 (2) methods to disseminate intelligence prod25 ucts to national biosecurity and biodefense stakeVerDate Mar 15 2010 21:03 Jul 05, 2011 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2356.IH H2356

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1 holders in classified and unclassified formats to in2 crease the effectiveness and efficiency of the sharing 

3 of information; 

4 (3) actions necessary to provide open-source in5 telligence relating to weapons of mass destruction 

6 to— 

7 (A) appropriate Federal departments and 

8 agencies; 

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

10 (C) private entities; 

11 (4) specific objectives to be accomplished, with 

12 corresponding schedule, for each year of the five13 year period that begins on the date on which the 

14 strategy is submitted to the appropriate congres15 sional committees under subsection (e) and tasks to 

16 accomplish such objectives, including— 

17 (A) a list prioritizing such objectives and 

18 such tasks; and 

19 (B) a schedule for meeting such objectives 

20 and carrying out such tasks; 

21 (5) assignments of roles and responsibilities to 

22 elements of the Intelligence Community to imple23 ment the strategy; and 

24 (6) a schedule for assessment of the effective25 ness and efficiency of the strategy, including 


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1 metrics, and a description of the components of the 

2 assessment. 

3 (d) COORDINATION.—The Director of National Intel4 ligence shall coordinate with State, local, and tribal gov5 ernment authorities, private sector, and nongovernmental 

6 organizations in the development of the National Intel7 ligence Strategy for Countering the Threat from Weapons 

8 of Mass Destruction. 

9 (e) DEADLINE FOR SUBMISSION.—Not later than six 

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

11 Director of National Intelligence shall submit to the ap12 propriate congressional committees the strategy and plan 

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

14 unclassified form but with a classified annex, as appro15 priate. 

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

17 shall update the implementation plan at least once every 

18 4 years. 

19 SEC. 202. 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, the Secretary of Health and 

25 Human Services, the Special Assistant to the PresiVerDate Mar 15 2010 21:03 Jul 05, 2011 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2356.IH H2356

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1 dent for Biodefense, and the heads of other appro2 priate Federal departments and agencies, shall de3 velop and implement a strategy and a plan for im4 plementing the strategy that is integrated into the 

5 National Intelligence Strategy for Countering the 

6 Threat from Weapons of Mass Destruction, as re7 quired under this title. 

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

11 (b) CONTENTS.—The strategy required under sub12 section (a) shall— 

13 (1) identify and address target capabilities 

14 needed for successful intelligence collection on bio15 logical threats; 

16 (2) include a plan for establishing in the Intel17 ligence Community a cadre of collectors and analysts 

18 in all relevant agencies in the Intelligence Commu19 nity that are familiar with biological threats, biologi20 cal science, and biotechnology, including— 

21 (A) biological scientists; 

22 (B) biotechnologists; and 

23 (C) experts with knowledge of the current 

24 state of technologies that could be used to de25 velop a weapon of mass destruction; 


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

2 capabilities, and gaps in the Intelligence Community 

3 workforce with respect to assessing the biological 

4 threat; 

5 (4) include methods for collaboration— 

6 (A) with non-Intelligence Community tech7 nical experts within Federal departments and 

8 agencies; and 

9 (B) as appropriate, with individuals with 

10 expertise described in paragraph (2) who are 

11 not employed by the Federal Government, in 

12 particular with State and local biodefense stake13 holders; 

14 (5) include a plan for defining, integrating, fo15 cusing, and enhancing existing capabilities in the In16 telligence Community dedicated to current and stra17 tegic biological threats; and 

18 (6) include a plan for ensuring the 

19 prioritization and sustained commitment of intel20 ligence personnel and resources to address biological 

21 threats. 

22 (c) IMPLEMENTATION PLAN.—The implementation 

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

24 (1) include actions necessary to increase the ef25 fectiveness and efficiency of the sharing of intelVerDate Mar 15 2010 21:03 Jul 05, 2011 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2356.IH H2356

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1 ligence throughout the Intelligence Community on 

2 biological weapons and organisms that could be used 

3 for biological terrorism, including a description of 

4 statutory, regulatory, policy, technical, security, or 

5 other barriers that prevent such sharing, and, as ap6 propriate, the development of uniform standards 

7 across the Intelligence Community for such sharing; 

8 (2) address strategic and tactical human intel9 ligence, measurement and signature intelligence, 

10 technical intelligence, medical intelligence, and open11 source intelligence activities necessary to implement 

12 the strategy; 

13 (3) identify specific objectives to be accom14 plished during each year of the five-year period that 

15 begins on the date on which the strategy is sub16 mitted to the appropriate congressional committees 

17 under subsection (d) and tasks to accomplish such 

18 objectives, including— 

19 (A) a list prioritizing such objectives and 

20 such tasks; and 

21 (B) a schedule for meeting such objectives 

22 and carrying out such tasks; 

23 (4) assign roles and responsibilities to elements 

24 of the Intelligence Community to implement the 

25 strategy; 


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1 (5) a schedule for assessment of the effective2 ness and efficiency of the strategy, including 

3 metrics; and 

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

5 the efforts of the Intelligence Community and 

6 progress on understanding and countering biological 

7 threats. 

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

9 of the enactment of this Act, the Director of National In10 telligence shall submit to the appropriate congressional 

11 committees the strategy and plan required under sub12 section (a). The report shall be in unclassified form but 

13 with a classified annex, as appropriate. 

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

15 shall update the implementation plan at least once every 

16 4 years. 

17 TITLE III—HOMELAND 

18 SECURITY MATTERS 

19 SEC. 301. WEAPONS OF MASS DESTRUCTION PREVENTION 

20 AND PREPAREDNESS. 

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

22 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

23 end the following new title: 


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1 ‘‘TITLE XXI—WEAPONS OF MASS 

2 DESTRUCTION PREVENTION 

3 AND PREPAREDNESS 

4 ‘‘Subtitle A—Prevention 

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

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

8 Analysis of the Department shall— 

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

12 Weapons of Mass Destruction under section 201 of 

13 the WMD Prevention and Preparedness Act of 2011 

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

16 Act; 

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

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

21 the Nation; 

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

24 health, food, agricultural, and veterinary issues; 


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1 ‘‘(4) leverage existing and emerging homeland 

2 security capabilities and structures, including fusion 

3 centers established pursuant to section 210A, to en4 hance prevention, protection, response, and recovery 

5 efforts with respect to a chemical, biological, radio6 logical, or nuclear attack; 

7 ‘‘(5) share information and provide tailored an8 alytical support on these threats to State, local, and 

9 tribal authorities as well as other national biosecu10 rity and biodefense stakeholders; and 

11 ‘‘(6) perform other responsibilities, as assigned 

12 by the Secretary. 

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

14 of Intelligence and Analysis shall coordinate with other 

15 relevant Department components, others in the Intel16 ligence Community, including the National Counter Pro17 liferation Center, and State, local, and tribal authorities, 

18 including officials from high-threat areas, and enable such 

19 entities to provide recommendations on optimal informa20 tion sharing mechanisms, including expeditious sharing of 

21 classified information, and on how they can provide infor22 mation to the Department. 

23 ‘‘(c) REPORT.— 

24 ‘‘(1) IN GENERAL.—Not later than one year 

25 after the date of the enactment of this section and 


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1 annually thereafter, the Secretary shall report to the 

2 appropriate congressional committees on— 

3 ‘‘(A) the intelligence and information shar4 ing activities under subsection (a) and of all rel5 evant entities within the Department to counter 

6 the threat from weapons of mass destruction; 

7 and 

8 ‘‘(B) the Department’s activities in accord9 ance with relevant intelligence strategies, in10 cluding the National Intelligence Strategy for 

11 Countering the Threat from Weapons of Mass 

12 Destruction and the National Intelligence Strat13 egy for Countering Biological Threats. 

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

15 report shall include— 

16 ‘‘(A) a description of methods established 

17 to assess progress of the Office of Intelligence 

18 and Analysis in implementing this section; and 

19 ‘‘(B) such assessment. 

20 ‘‘SEC. 2102. RISK ASSESSMENTS. 

21 ‘‘(a) IN GENERAL.—The Secretary shall, in coordina22 tion with relevant Department components and other ap23 propriate Federal departments and agencies— 


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1 ‘‘(1) produce and update periodically a risk as2 sessment of chemical, biological, radiological, and 

3 nuclear threats; and 

4 ‘‘(2) produce and update periodically an inte5 grated risk assessment that assesses all of those 

6 threats and ranks them against one another accord7 ing to their relative risk. 

8 ‘‘(b) METHODOLOGY.— 

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

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

11 relevant subject matter experts to assess the 

12 proposed methodology to be used for assess13 ments required under subsection (a), and to 

14 provide recommendations to the Secretary as to 

15 the adequacy of such methodology; 

16 ‘‘(B) conduct sensitivity analysis on each 

17 assessment to identify and prioritize research 

18 activities to close knowledge gaps; and 

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

20 intelligent adversary. 

21 ‘‘(2) INCLUSION IN ASSESSMENT.—Each assess22 ment under subsection (a) shall include a description 

23 of the methodology used for the assessment. 

24 ‘‘(c) USAGE.—The assessments required under sub25 section (a) shall be used to inform and guide— 


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1 ‘‘(1) the threat assessments and determinations 

2 by the Secretary regarding agents and toxins pursu3 ant to section 319F–2 of the Public Health Service 

4 Act; 

5 ‘‘(2) prioritization of medical countermeasure 

6 research, development, acquisition, and distribution 

7 activities and other national strategic biodefense re8 search; 

9 ‘‘(3) tailored risk assessments, as appropriate, 

10 on topics such as radiological materials security or 

11 the economic risks of a biological attack; and 

12 ‘‘(4) other homeland security activities as deter13 mined appropriate by the Secretary and the heads of 

14 other agencies. 

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

16 each assessment required under subsection (a)— 

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

18 biodefense stakeholders, and other State, local, and 

19 tribal officials involved in efforts to prevent, protect, 

20 respond to, and recover from chemical, biological, ra21 diological, and nuclear threats; 

22 ‘‘(2) share the risk assessments with Federal, 

23 State, local and tribal officials with appropriate se24 curity clearances and a need for the information in 

25 the classified version; and 


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1 ‘‘(3) make available an unclassified version for 

2 Federal, State, local, and tribal officials involved in 

3 prevention and preparedness for chemical, biological, 

4 radiological, and nuclear events. 

5 ‘‘SEC. 2103. PERIODIC HOMELAND SECURITY REVIEW OF 

6 CRIMINAL STATUTES. 

7 ‘‘(a) IN GENERAL.—The Attorney General, in con8 sultation with the Secretary and the heads of other Fed9 eral departments and agencies, as appropriate, shall, for 

10 purposes of enhancing homeland security— 

11 ‘‘(1) periodically review and recommend updates 

12 to criminal laws to ensure that such laws are well 

13 suited to the evolving risks of misuse of life sciences 

14 by terrorists and others; and 

15 ‘‘(2) ensure that national biosecurity and bio16 defense stakeholders at unique risk of exploitation 

17 have access to guidance regarding actions that can 

18 reduce the risk of misuse of life sciences by terror19 ists and others. 

20 ‘‘(b) REPORT.—Not later than six months after the 

21 date of the enactment of this section, and biannually 

22 thereafter, the Attorney General, in consultation with the 

23 Secretary, shall submit to the appropriate congressional 

24 committees the recommended updates to criminal laws, as 

25 described in subsection (a)(1). 


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1 ‘‘SEC. 2104. EXPORT ENFORCEMENT FOR COUNTERPRO2 LIFERATION. 

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

4 with the Secretary of Commerce, the Secretary of Defense, 

5 the Attorney General, the Secretary of State, the Sec6 retary of the Treasury, the Director of National Intel7 ligence, and the heads of other appropriate Federal agen8 cies shall— 

9 ‘‘(1) conduct homeland security investigations 

10 and enforce criminal violations of customs and ex11 port laws of the United States related to military 

12 items, controlled commodities, and sanctioned or em13 bargoed countries or persons to prevent individuals, 

14 terrorist groups, foreign adversaries, and hostile na15 tions from— 

16 ‘‘(A) illegally obtaining sensitive United 

17 States technology and munitions; and 

18 ‘‘(B) obtaining components, precursors, 

19 and delivery systems for chemical, biological, 

20 radiological, and nuclear weapons, 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 

26 ‘‘(iii) deemed exports; and 


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1 ‘‘(2) conduct industry outreach with manufac2 turers and exporters of strategic commodities that 

3 may be targeted for procurement by terrorist organi4 zations and the countries that support them as well 

5 as countries identified as weapons proliferators, in a 

6 manner that acknowledges commerce and trade, 

7 by— 

8 ‘‘(A) educating companies and individuals 

9 on the export laws of the United States; 

10 ‘‘(B) discussing export licensing issues and 

11 requirements; 

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

13 illegal procurement; 

14 ‘‘(D) identifying the government agencies 

15 responsible for the licensing of export-controlled 

16 commodities and technology; and 

17 ‘‘(E) establishing and fostering relation18 ships whereby companies and individuals can 

19 report suspicious contacts or attempts to violate 

20 the export laws of the United States. 

21 ‘‘(b) NATIONAL EXPORT ENFORCEMENT COORDINA22 TION.— 

23 ‘‘(1) ESTABLISHMENT.—There shall be main24 tained in the Department the Export Enforcement 

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1 port enforcement coordination that is managed by 

2 the Secretary and coordinates the export enforce3 ment activities among the Department, the Depart4 ment of Agriculture, the Department of Commerce, 

5 the Department of Defense, the Department of En6 ergy, the Department of Justice, the Department of 

7 State, the Department of the Treasury, the Intel8 ligence Community, and other Federal agencies as 

9 appropriate. 

10 ‘‘(2) RESPONSIBILITIES.—The Center shall— 

11 ‘‘(A) enhance Federal coordination for law 

12 enforcement counterproliferation investigations, 

13 including coordination and deconfliction with 

14 intelligence counterproliferation activities; 

15 ‘‘(B) address licensing inquiries, reviews, 

16 requests, checks, and verifications; and 

17 ‘‘(C) conduct outreach and provide train18 ing to the export trade community. 

19 ‘‘SEC. 2105. COMMUNICATION OF THREAT INFORMATION. 

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

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

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

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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. 

6 ‘‘(b) COMMUNICATIONS PLAN.— 

7 ‘‘(1) IN GENERAL.—A communications plan de8 veloped under subsection (a)(4) shall be designed to 

9 provide information to the public related to pre10 venting, preparing for, and responding to chemical, 

11 biological, radiological, and nuclear attacks. 

12 ‘‘(2) CONSULTATION.—As appropriate, the 

13 head of each Federal agency shall consult with 

14 State, local, and tribal authorities and coordinate 

15 with other Federal departments and agencies in de16 veloping a communications plans under paragraph 

17 (1). 

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

19 TEMPLATES.— 

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

21 the Federal Emergency Management Agency 

22 shall develop and disseminate, through the Fed23 eral Emergency Management Agency, inte24 grated public alerts and warnings system, pre25 scripted messages and message templates to be 


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1 provided to State, local, and tribal authorities 

2 so that those authorities can quickly and rap3 idly disseminate critical information to the pub4 lic in anticipation of, during, or in the imme5 diate aftermath of a chemical, biological, radio6 logical, and nuclear attack, and to be included 

7 in the Department of Homeland Security’s les8 sons learned information sharing system. 

9 ‘‘(B) DEVELOPMENT AND DESIGN.—The 

10 pre-scripted messages or message templates 

11 shall— 

12 ‘‘(i) be developed in consultation with 

13 State, local, and tribal authorities and in 

14 coordination with other appropriate Fed15 eral departments and agencies; 

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

17 essential, and appropriate information and 

18 instructions to the population directly af19 fected by an incident, including informa20 tion regarding an evacuation, sheltering in 

21 place, hospital surge operations, health, 

22 and safety; 

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

24 essential, and appropriate information and 

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1 viders and medical personnel responding to 

2 an incident; and 

3 ‘‘(iv) include direction for the coordi4 nation of Federal, State, local, and tribal 

5 communications teams. 

6 ‘‘(C) COMMUNICATIONS FORMATS.—The 

7 Administrator shall develop pre-scripted mes8 sages or message templates under this para9 graph in multiple formats to ensure delivery— 

10 ‘‘(i) in cases where the usual commu11 nications infrastructure is unusable; and 

12 ‘‘(ii) to individuals with disabilities or 

13 other special needs and individuals with 

14 limited English proficiency. 

15 ‘‘(D) DISSEMINATION AND TECHNICAL AS16 SISTANCE.—The Administrator shall ensure 

17 that all pre-scripted messages and message 

18 templates developed under this paragraph are 

19 made available to State, local, and tribal au20 thorities so that those authorities may incor21 porate them, as appropriate, into their emer22 gency plans. The Administrator shall also make 

23 available relevant technical assistance to those 

24 authorities to support communications plan25 ning. 


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

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

6 and tribal communications teams that deliver 

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

9 under the National Exercise Program. 

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

11 the date of the enactment of this subsection, the Ad12 ministrator of the Federal Emergency Management 

13 Agency shall submit to the appropriate congressional 

14 committees the communications plans required to be 

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

17 conjunction with the plans and a description of the 

18 means that will be used to deliver these messages 

19 during such incidents. 

20 ‘‘(c) TERRORISM THREAT AWARENESS.— 

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

22 Secretary, in coordination with the Attorney General 

23 and heads of appropriate Federal agencies, shall for 

24 purposes of preparedness and collective response to 

25 terrorism and for other purposes— 


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

3 to State, local, and tribal authorities and the 

4 public within the United States, as appropriate; 

5 and 

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

8 tribal government entities to obtain appropriate 

9 security clearances so that they may receive 

10 classified threat information when appropriate. 

11 ‘‘(2) THREAT BULLETINS.— 

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

13 requirements of paragraph (1), the Secretary 

14 shall, on a timely basis, prepare unclassified 

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

17 ‘‘(B) REQUIREMENTS.—Each assessment 

18 required under subparagraph (A) shall— 

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

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

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

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1 munication systems, and information net2 works. 

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

4 AUTHORITIES.—The Secretary— 

5 ‘‘(A) shall provide to State, local, and trib6 al authorities written guidance on commu7 nicating terrorism-related threats and risks to 

8 the public within their jurisdictions; and 

9 ‘‘(B) shall identify and articulate the gov10 ernmental rationale for identifying particular 

11 communities as being at heightened risk of ex12 ploitation. 

13 ‘‘(4) USE OF EXISTING RESOURCES.—The Sec14 retary shall use Internet Web sites, communication 

15 systems, and information networks in operation on 

16 the date of an assessment under this subsection, and 

17 shall coordinate with other heads of Federal depart18 ments and agencies to provide information through 

19 existing channels to satisfy the requirements of 

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

21 guidance on how State, local, tribal, and private en22 tities can partner with public television stations to 

23 disseminate information provided by the Department 

24 and shall provide information on best practices on 

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1 munities, including leveraging public television sta2 tions. 

3 ‘‘SEC. 2106. INDIVIDUAL AND COMMUNITY PREPAREDNESS 

4 FOR CHEMICAL, BIOLOGICAL, RADIO5 LOGICAL, AND NUCLEAR ATTACKS. 

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

7 the Administrator for the Federal Emergency Manage8 ment Agency, shall assist State, local, and tribal authori9 ties in improving and promoting individual and community 

10 preparedness and collective response to terrorist attacks 

11 involving chemical, biological, radiological, and nuclear 

12 materials against the United States by— 

13 ‘‘(1) developing guidance and checklists of rec14 ommended actions for individual and community 

15 prevention and preparedness efforts and dissemi16 nating such guidance and checklists to communities 

17 and individuals; 

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

19 checklists as appropriate; 

20 ‘‘(3) disseminating the guidance developed 

21 under section 2131 to communities and individuals, 

22 as appropriate; 

23 ‘‘(4) providing information and training mate24 rials in support of individual and community pre25 paredness efforts; 


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1 ‘‘(5) conducting individual and community pre2 paredness outreach efforts; and 

3 ‘‘(6) such other actions as the Secretary deter4 mines appropriate. 

5 ‘‘(b) COORDINATION.—Where appropriate, the Sec6 retary shall coordinate with private sector and nongovern7 mental organizations to promote individual and commu8 nity preparedness and collective response to terrorist at9 tacks involving chemical, biological, radiological, and nu10 clear materials against the United States. 

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

12 individual and community preparedness in order to carry 

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

14 to best practices based on the experience of other agencies 

15 and countries and the expertise of academic institutions 

16 and nongovernmental organizations. 

17 ‘‘Subtitle B—Protection 

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

19 ‘‘(a) PROGRAM.—The Secretary shall carry out a pro20 gram to detect a biological attack or event that poses a 

21 high risk to homeland security. Through such program, 

22 the Secretary shall— 

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

24 indicate the presence of biological agents; 


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1 ‘‘(2) consider multiple deployment strategies in2 cluding surge capability; 

3 ‘‘(3) provide information to participating lab4 oratories for their use in monitoring public health, 

5 and biological material from these detectors to par6 ticipating laboratories for testing; 

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

8 information about the presence of biological agents 

9 to appropriate public health, law enforcement, emer10 gency services, and fire personnel at all levels of gov11 ernment in a manner that ensures transparency with 

12 the governments served by such personnel; 

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

14 of operations (including alarm resolution protocols 

15 and response guidance), and training exercises (in16 cluding in collaboration with relevant national level 

17 exercises) for collective response to and recovery 

18 from biological attacks; and 

19 ‘‘(6) provide technical assistance to jurisdictions 

20 hosting the program to improve their ability to re21 spond to a detected pathogen. 

22 ‘‘(b) PROGRAM REQUIREMENTS.—Under the pro23 gram required under subsection (a), the Secretary shall— 

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

25 interagency agreements under the Economy Act of 


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1 1933 (31 U.S.C. 1535 et seq.) with the Director of 

2 the Centers of Disease Control and Prevention and 

3 the Administrator of the Environmental Protection 

4 Agency, and the heads of other Federal departments 

5 and agencies, setting forth roles and responsibilities, 

6 including with respect to validating performance and 

7 developing testing protocols for participating labora8 tories and coordination with appropriate State, local, 

9 and tribal agencies; 

10 ‘‘(2) establish criteria for determining whether 

11 plans for biological detector capabilities and coverage 

12 sufficiently protect the United States population, 

13 and make such determinations on an annual basis; 

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

15 Science and Technology, and in consultation with 

16 the Director for the Centers for Disease Control and 

17 Prevention, implement an assay equivalency program 

18 for biological threat assays that— 

19 ‘‘(A) evaluates biological threat detection 

20 assays, their protocols for use, and their associ21 ated response algorithms for confirmation of bi22 ological threat agents, taking performance 

23 measures and concepts of operation into consid24 eration; 


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1 ‘‘(B) develops assay equivalency standards 

2 based on the findings of the evaluation under 

3 subparagraph (A); 

4 ‘‘(C) requires implementation of the stand5 ards developed under subparagraph (B) for all 

6 Department biological detection programs; 

7 ‘‘(D) makes such standards available and 

8 promotes their use to support all other Federal 

9 biological detection programs; and 

10 ‘‘(E) is updated as necessary; and 

11 ‘‘(4) prior to acquiring and deploying biodetec12 tion technology, require— 

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

14 analysis of alternatives, that shall be informed 

15 by the terrorism risk assessments under section 

16 2103; 

17 ‘‘(B) operational testing and evaluation; 

18 and 

19 ‘‘(C) operational assessment by the end 

20 users of the technology. 

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

22 enter into contracts with participating laboratories for— 

23 ‘‘(1) the provision of laboratory services for 

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

25 on a prepayment or other similar basis; and 


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

2 hosting program personnel and equipment in these 

3 laboratories. 

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

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

6 a laboratory that has been accepted as a member of 

7 the Laboratory Response Network for Bioterrorism 

8 that— 

9 ‘‘(A) is fully equipped to detect and re10 spond quickly to acts of biological terrorism; 

11 ‘‘(B) provides biocontainment and micro12 biological analysis in support of the Depart13 ment, the Federal Bureau of Investigation and 

14 other law enforcement agencies with responsibil15 ities for investigating biological incidents; and 

16 ‘‘(C) supports threat agent characteriza17 tion studies and assay evaluation, research and 

18 development. 

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

20 that is designed to detect the presence of a biological 

21 threat agent that is of a type selected under criteria 

22 established by the Secretary. 


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

2 IDENTIFICATION AT PORTS OF ENTRY. 

3 ‘‘(a) IN GENERAL.—The Secretary shall require the 

4 Under Secretary for Science and Technology, in consulta5 tion with the heads of other relevant operational compo6 nents of the Department, to assess whether the develop7 ment of technological screening capabilities for biological 

8 agents, pandemic influenza, and other infectious diseases 

9 should be undertaken by the Science and Technology Di10 rectorate to support entry and exit screening at ports of 

11 entry and for other purposes. 

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

13 Secretary determines that the development of such screen14 ing capabilities should be undertaken, the Secretary shall, 

15 to the extent possible, initiate development of safe and ef16 fective methods to— 

17 ‘‘(1) rapidly screen incoming individuals at 

18 ports of entry for biological agents, pandemic influ19 enza, and other infectious diseases; and 

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

21 point of screening. 

22 ‘‘SEC. 2123. EVALUATING DETECTION TECHNOLOGY. 

23 ‘‘The Secretary, in coordination with the Director of 

24 the National Institute of Standards and Technology, may 

25 carry out a program to— 


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1 ‘‘(1) establish near-term performance metrics, 

2 based to the greatest extent practicable on voluntary 

3 consensus standards, to evaluate the effectiveness of 

4 detection technology for high-priority biological 

5 agents and toxins and high-priority chemical agents; 

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

7 and evaluation of technology by an accredited lab8 oratory for the effective detection of high-priority bi9 ological agents and toxins and high-priority chemical 

10 agents, including the collection of fees and 

11 incentivization for the program through potential for 

12 SAFETY Act certification or placement on the au13 thorized equipment list; and 

14 ‘‘(3) with permission from the detection tech15 nology manufacturer, make available to Federal de16 partments and agencies, State, territorial, local, and 

17 tribal entities, and the private sector the results of 

18 detection system testing and evaluation under para19 graph (2). 

20 ‘‘SEC. 2124. LABORATORY BIOSECURITY INFORMATION 

21 SHARING. 

22 ‘‘(a) IN GENERAL.—The Secretary shall establish 

23 procedures, with appropriate controls on access, for the 

24 sharing of homeland security information, including bio25 logical laboratory vulnerability assessments, security 


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1 plans, best practices, and other laboratory biosecurity-re2 lated information, as the Secretary determines appro3 priate, with State, local, and tribal government authori4 ties, including law enforcement authorities and emergency 

5 response providers. 

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

7 carrying out this section, the Secretary shall have access 

8 to information from the national databases established 

9 under section 212(d)(2) of the Agricultural Bioterrorism 

10 Protection Act of 2002 (7 U.S.C. 8401(d)(2)) and sub11 section (d)(2) of section 351A of the Public Health Service 

12 Act (42 U.S.C. 262a). 

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

14 The Secretary shall ensure that any information dissemi15 nated under this section is handled consistent with— 

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

17 Intelligence to protect intelligence sources and meth18 ods under the National Security Act of 1947 (50 

19 U.S.C. 401 et seq.) and related procedures or simi20 lar authorities of the Attorney General concerning 

21 sensitive law enforcement information; 

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

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

24 and 

25 ‘‘(3) other relevant laws. 


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1 ‘‘SEC. 2125. DOMESTIC IMPLEMENTATION OF THE GLOBAL 

2 NUCLEAR DETECTION ARCHITECTURE. 

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

4 Domestic Nuclear Detection Office shall establish and 

5 maintain a multilayered system of detection technologies, 

6 programs, and guidelines designed to enhance the Na7 tion’s ability to detect and prevent a radiological or nu8 clear attack in high-risk United States cities, as deter9 mined by the Secretary. 

10 ‘‘(b) SURGE CAPABILITIES.—The Director shall de11 velop a surge capability for radiological and nuclear detec12 tion systems that can be deployed within the United States 

13 rapidly in response to actionable intelligence or warnings, 

14 and includes procurement of appropriate technology, 

15 training, and exercises. 

16 ‘‘(c) INTEGRATION.—The programs under sub17 sections (a) and (b) shall be integrated into the Global 

18 Nuclear Detection Architecture and shall inform architec19 ture studies, technology gaps, and research activities of 

20 the Domestic Nuclear Detection Office. 

21 ‘‘Subtitle C—Response 

22 ‘‘SEC. 2131. FIRST RESPONDER GUIDANCE CONCERNING 

23 CHEMICAL, BIOLOGICAL, RADIOLOGICAL, 

24 AND NUCLEAR ATTACKS. 

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

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


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1 of this section, the Secretary, in coordination with the Sec2 retary of Health and Human Services, the Secretary of 

3 Agriculture, the Administrator of the Environmental Pro4 tection Agency, and the heads of other Federal depart5 ments and agencies, as appropriate, shall— 

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

7 services, emergency management, medical and public 

8 health personnel, voluntary guidance for responding 

9 to a release of chemical, biological, radiological, or 

10 nuclear material; 

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

12 local, and tribal authorities, including primary and 

13 secondary school administrators, nongovernmental 

14 organizations, the private sector, and the public; and 

15 ‘‘(3) in developing the guidance under para16 graph (1)— 

17 ‘‘(A) review the experiences of other coun18 tries and the expertise of academic institutions 

19 and nongovernmental organizations; and 

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

21 and other vulnerable populations. 

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

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

24 that shall include— 


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

2 security, health, and safety of emergency response 

3 providers and their families and household contacts; 

4 ‘‘(2) specific information regarding the effects 

5 of the chemical, biological, radiological, or nuclear 

6 material on those exposed to the agent; and 

7 ‘‘(3) best practices for emergency response pro8 viders to effectively diagnose, handle, and otherwise 

9 manage individuals affected by an incident involving 

10 chemical, biological, radiological, or nuclear material. 

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

12 Secretary shall— 

13 ‘‘(1) review the guidance developed under sub14 section (a)(1) at least once every 2 years; 

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

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

18 State, local, and tribal authorities, nongovernmental 

19 organizations, the private sector, and the public. 

20 ‘‘(d) PROCEDURES FOR DEVELOPING AND REVISING

21 GUIDANCE.—In carrying out the requirements of this sec22 tion, the Secretary shall establish procedures to— 

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

24 first provider community to submit recommendations 


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1 of areas in which guidance is needed and could be 

2 developed under subsection (a)(1); 

3 ‘‘(2) determine which entities should be con4 sulted in developing or revising the guidance; 

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

6 that should be developed or revised; and 

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

8 accordance with the prioritization under paragraph 

9 (3). 

10 ‘‘SEC. 2132. INTEGRATED PLUME MODELING FOR COLLEC11 TIVE RESPONSE. 

12 ‘‘(a) DEVELOPMENT.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall ac14 quire, use, and disseminate the best available inte15 grated plume models to enable rapid response activi16 ties following a chemical, biological, nuclear, or radi17 ological attack or event. 

18 ‘‘(2) SCOPE.—The Secretary shall— 

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

20 needs regarding plume models and ensure the 

21 rapid development and distribution of inte22 grated plume models that meet those needs to 

23 appropriate officials of the Federal Government 

24 and State, local, and tribal authorities to enable 


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1 immediate response to a chemical, biological, or 

2 radiological attack or event; 

3 ‘‘(B) establish mechanisms for dissemina4 tion by appropriate emergency response officials 

5 of the integrated plume models described in 

6 paragraph (1) to nongovernmental organiza7 tions and the public to enable appropriate col8 lective response activities; 

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

10 how to appropriately use such models are pro11 vided; and 

12 ‘‘(D) ensure that lessons learned from as13 sessing the development and dissemination of 

14 integrated plume models during exercises ad15 ministered by the Department are put into the 

16 lessons learned information sharing system 

17 maintained by the Department. 

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

19 ‘‘(1) The term ‘plume model’ means the assess20 ment of the location and prediction of the spread of 

21 agents following a chemical, biological, radiological, 

22 or nuclear attack or event. 

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

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1 ance and other information as the Secretary deter2 mines appropriate. 

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

4 AND VALIDATION FOR EMERGENCY RE5 SPONDERS (SAVER) PROGRAM. 

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

7 assessment and validation of emergency response equip8 ment at the Department, to be known as the ‘SAVER Pro9 gram’. The Secretary shall ensure that such program— 

10 ‘‘(1) conducts objective, impartial, practitioner11 relevant, and operationally oriented assessments and 

12 validations of commercial emergency responder 

13 equipment and systems, including hand-held detec14 tors for chemical, biological, radiological, and nu15 clear agents; 

16 ‘‘(2) is supported by a network of scientists 

17 who, in coordination with subject matter experts, 

18 perform the assessment and validation activities 

19 using strict scientific and testing protocols; 

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

21 equipment information to the emergency response 

22 provider community in an operationally useful form; 

23 ‘‘(4) provides information on equipment that 

24 falls within the categories listed in the Department’s 

25 authorized equipment list; 


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

3 and maintain emergency responder equipment; and 

4 ‘‘(6) shares such information nationally with 

5 the emergency response provider community. 

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

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

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

11 participating Federal agencies are authorized, subject to 

12 the availability of appropriations, to enter into contracts 

13 with the State and local public health laboratories that 

14 compose the Laboratory Response Network for Bioter15 rorism, and any other qualified laboratories, for the provi16 sion of laboratory testing services on a fee-for-service basis 

17 or on a prepayment or other similar basis. Prior to enter18 ing into such a contract with any laboratory in such net19 work, the Secretary, the Attorney General, or the head 

20 of any other participating Federal agency shall inform the 

21 Centers for Disease Control and Prevention. 

22 ‘‘SEC. 2135. BIOFORENSICS CAPABILITIES. 

23 ‘‘(a) NATIONAL BIOFORENSICS ANALYSIS CEN24 TER.—There is established in the Department a National 

25 Bioforensics Analysis Center that shall serve as the lead 


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1 Federal facility in support of law enforcement investiga2 tions and actions to— 

3 ‘‘(1) provide definitive forensic examination of 

4 biothreat agents and related evidence; 

5 ‘‘(2) provide necessary biocontainment; 

6 ‘‘(3) integrate bioforensics requirements for law 

7 enforcement, emergency response, national security, 

8 and homeland security; 

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

10 the executive agencies with primary responsibilities 

11 for preventing, deterring, responding to, attributing, 

12 and recovering from biological attacks; 

13 ‘‘(5) adhere to appropriate bioforensics stand14 ards; 

15 ‘‘(6) maintain the national bioforensics reposi16 tory collection as a distributed reference collection of 

17 biological agents and toxins for bioforensics compari18 sons and identifications; and 

19 ‘‘(7) other related bioforensic activities. 

20 ‘‘(b) NATIONAL BIOFORENSICS REPOSITORY COL21 LECTION.— 

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

23 Analysis Center shall maintain a distributed national 

24 bioforensics repository collection. 


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

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

5 ‘‘(B) serve as a distributed reference col6 lection for comparative bioforensics identifica7 tions and characterizations; and 

8 ‘‘(C) support threat agent characterization 

9 studies and the development of bioforensics as10 says, genomic analyses, organic and inorganic 

11 chemical analyses, electron microscopy analyses, 

12 and other relevant assays, analyses, and tests. 

13 ‘‘(3) PARTICIPATION.— 

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

15 Attorney General, the Secretary of Agriculture, 

16 the Secretary of Defense, the Secretary of En17 ergy, the Secretary of Health and Human Serv18 ices, the Director of National Intelligence, and 

19 the head of any other appropriate executive 

20 agency with a biological agent or toxin collec21 tion that is useful for the bioforensics analysis 

22 of biological attacks, performance of biological 

23 threat agent identification and characterization 

24 studies, or evaluation and development of 

25 bioforensics assays and methods shall provide to 


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1 the distributed national bioforensics repository 

2 collection authenticated replicate samples of, or 

3 information on, all relevant biological strains 

4 and toxins, as determined by the Secretary, in 

5 consultation with the head of the executive 

6 agency possessing the agent or toxin. 

7 ‘‘(B) OTHER BIOLOGICAL AGENTS AND

8 TOXINS.—The Secretary shall require the con9 tribution to the national bioforensics repository 

10 collection of authenticated replicate samples of, 

11 or information on, all relevant biological strains 

12 and toxins, as determined by the Secretary, 

13 from public and private biological agent and 

14 toxin collections that were collected or created 

15 with support from a Federal grant or contract 

16 and that support the functions described in 

17 paragraph (2). 

18 ‘‘(4) ACCESS.—The Secretary shall— 

19 ‘‘(A) provide any Federal department or 

20 agency that submits a biological agent or toxin, 

21 or information on a biological agent or toxin, to 

22 the national bioforensics repository collection 

23 with access to the collection; and 

24 ‘‘(B) establish a mechanism to provide 

25 public and private entities with access to agents 


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1 or toxins in, or information regarding, the na2 tional bioforensics repository collection, as de3 termined appropriate by the Secretary, with ap4 propriate protection of classified or law enforce5 ment sensitive information and intellectual 

6 property rights. 

7 ‘‘(c) DETAILEE PROGRAM.—Subject to the avail8 ability of appropriations, the Secretary may implement a 

9 detailee program to detail from governmental entities na10 tional biosecurity and biodefense stakeholders with appro11 priate clearances, on a reimbursable basis, to the National 

12 Bioforensics Analysis Center for the purpose of— 

13 ‘‘(1) providing training and other educational 

14 benefits for such stakeholders to help them to better 

15 understand the policies, procedures, and laws gov16 erning national bioforensics activities; and 

17 ‘‘(2) bolstering the capabilities and information 

18 sharing activities of the National Bioforensics Anal19 ysis Center with national biosecurity and biodefense 

20 stakeholders. 

21 ‘‘(d) DEFINITION OF BIOFORENSICS.—In this sec22 tion, the term ‘bioforensics’ means the scientific discipline 

23 dedicated to analyzing evidence from an attack with a bio24 logical weapon of mass destruction, an act of bioterrorism, 

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1 vertent release of a biological agent or toxin for attribution 

2 purposes, or pre-event investigative actions of such evi3 dence. 

4 ‘‘SEC. 2136. FEDERAL LAW ENFORCEMENT TRAINING TO IN5 VESTIGATE BIOLOGICAL THREATS. 

6 ‘‘The Secretary, in coordination with the Attorney 

7 General, the Secretary of Agriculture, the Secretary of 

8 Health and Human Services, and the heads of other ap9 propriate Federal departments and agencies, shall make 

10 available to law enforcement, public health, emergency 

11 first responders, and security personnel at the Federal 

12 Law Enforcement Training Center training on recognizing 

13 and responding to situations involving potential biological 

14 threats, including performing joint criminal and epidemio15 logical investigations, and shall— 

16 ‘‘(1) ensure that tailored tactics, techniques, 

17 and procedures are made available, including access 

18 to the tools needed to respond to biological threats; 

19 ‘‘(2) promote the use of simulation among Fed20 eral partners to exercise capabilities, refine oper21 ational concepts, and strengthen relationships across 

22 the Government; and 

23 ‘‘(3) make training available that will ensure 

24 that law enforcement, public health, emergency first 


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1 responder, and agricultural investigations of biologi2 cal threats are coordinated. 

3 ‘‘SEC. 2137. METROPOLITAN MEDICAL RESPONSE SYSTEM 

4 PROGRAM. 

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

6 Metropolitan Medical Response System Program, that 

7 shall assist State and local governments in preparing for 

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

10 and other man-made disasters. 

11 ‘‘(b) FINANCIAL ASSISTANCE.— 

12 ‘‘(1) AUTHORIZATION OF GRANTS.— 

13 ‘‘(A) IN GENERAL.—The Secretary, 

14 through the Administrator of the Federal 

15 Emergency Management Agency, may make 

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

19 from acts of terrorism, natural disasters, and 

20 other man-made disasters. 

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

23 the Administrator shall consult with the Chief 

24 Medical Officer. 


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

2 section may be used to support the integration of 

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

5 incidents caused by any hazard, including— 

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

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

9 of an initial pharmaceutical stockpile sufficient 

10 to protect first responders, their families, and 

11 immediate victims from a chemical or biological 

12 event; 

13 ‘‘(C) to strengthen chemical, biological, ra14 diological, nuclear, and explosive detection, re15 sponse, and decontamination capabilities; 

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

17 and pre-hospital treatment plans and capabili18 ties; 

19 ‘‘(E) for planning; 

20 ‘‘(F) to support efforts to strengthen infor21 mation sharing and collaboration capabilities of 

22 regional, State, and urban areas in support of 

23 public health and medical preparedness; 

24 ‘‘(G) for medical supplies management and 

25 distribution; 


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1 ‘‘(H) for training and exercises; 

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

3 activities and capabilities of public health per4 sonnel and medical care providers with those of 

5 other emergency response providers as well as 

6 other Federal agencies, the private sector, and 

7 nonprofit organizations, for the forward move8 ment of patients; and 

9 ‘‘(J) for such other activities as the Ad10 ministrator provides. 

11 ‘‘(3) ELIGIBILITY.— 

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

13 subparagraph (C), any jurisdiction that received 

14 funds through the Metropolitan Medical Re15 sponse System Program in fiscal year 2009 

16 shall be eligible to receive a grant under this 

17 section. 

18 ‘‘(B) ADDITIONAL JURISDICTIONS.— 

19 ‘‘(i) UNREPRESENTED STATES.— 

20 ‘‘(I) IN GENERAL.—Except as 

21 provided in subparagraph (C), the Ad22 ministrator may make grants under 

23 this section to the metropolitan statis24 tical area with the largest population 

25 in any State in which no jurisdiction 


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1 received funds through the Metropoli2 tan Medical Response Program in fis3 cal year 2009, or in which funding 

4 was received only through another 

5 State. 

6 ‘‘(II) LIMITATION.—For each of 

7 fiscal years 2012 through 2014, no 

8 jurisdiction that would otherwise be 

9 eligible to receive grants under sub10 clause (I) shall receive a grant under 

11 this section if it would result in any 

12 jurisdiction under subparagraph (A) 

13 receiving less funding than such juris14 diction received in fiscal year 2009. 

15 ‘‘(ii) OTHER JURISDICTIONS.— 

16 ‘‘(I) IN GENERAL.—Subject to 

17 subparagraph (C), the Administrator 

18 may determine that additional juris19 dictions are eligible to receive grants 

20 under this section. 

21 ‘‘(II) LIMITATION.—For each of 

22 fiscal years 2012 through 2014, the 

23 eligibility of any additional jurisdic24 tion to receive grants under this sec25 tion is subject to the availability of 


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1 appropriations beyond that necessary 

2 to— 

3 ‘‘(aa) ensure that each juris4 diction eligible to receive a grant 

5 under subparagraph (A) does not 

6 receive less funding than such ju7 risdiction received in fiscal year 

8 2009; and 

9 ‘‘(bb) provide grants to ju10 risdictions eligible under clause 

11 (i). 

12 ‘‘(C) PERFORMANCE REQUIREMENT AFTER

13 FISCAL YEAR 2012.—A jurisdiction shall not be 

14 eligible for a grant under this subsection from 

15 funds available after fiscal year 2012 unless the 

16 Secretary determines that the jurisdiction main17 tains a sufficient measured degree of capability 

18 in accordance with the performance measures 

19 issued under subsection (c). 

20 ‘‘(4) DISTRIBUTION OF FUNDS.— 

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

22 shall distribute grant funds under this section 

23 to the State in which the jurisdiction receiving 

24 a grant under this section is located. 


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1 ‘‘(B) PASS THROUGH.—Subject to sub2 paragraph (C), not later than 45 days after the 

3 date on which a State receives grant funds 

4 under subparagraph (A), the State shall provide 

5 the jurisdiction receiving the grant 100 percent 

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

7 after the State releases the funds, all fiscal 

8 agents shall make the grant funds available for 

9 expenditure. 

10 ‘‘(C) EXCEPTION.—The Administrator 

11 may permit a State to provide to a jurisdiction 

12 receiving a grant under this section 97 percent 

13 of the grant funds awarded if doing so would 

14 not result in any jurisdiction eligible for a grant 

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

16 than such jurisdiction received in fiscal year 

17 2009. 

18 ‘‘(5) REGIONAL COORDINATION.—The Adminis19 trator shall ensure that each jurisdiction that re20 ceives a grant under this section, as a condition of 

21 receiving such grant, is actively coordinating its pre22 paredness efforts with surrounding jurisdictions, 

23 with the official with primary responsibility for 

24 homeland security (other than the Governor) of the 

25 government of the State in which the jurisdiction is 


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1 located, and with emergency response providers from 

2 all relevant disciplines, as determined by the Admin3 istrator, to effectively enhance regional prepared4 ness. 

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

6 of the Federal Emergency Management Agency, in coordi7 nation with the Chief Medical Officer, and the National 

8 Metropolitan Medical Response System Working Group, 

9 shall issue performance measures within one year after the 

10 date of enactment of this section that enable objective 

11 evaluation of the performance and effective use of funds 

12 provided under this section in any jurisdiction. 

13 ‘‘(d) METROPOLITAN MEDICAL RESPONSE SYSTEM

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

15 ‘National Metropolitan Medical Response System Working 

16 Group’ means— 

17 ‘‘(1) 10 Metropolitan Medical Response System 

18 Program grant managers, who shall— 

19 ‘‘(A) include one such grant manager from 

20 each region of the Agency; 

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

22 section of jurisdictions that are receiving grant 

23 funds under the Metropolitan Medical Response 

24 System Program; and 

25 ‘‘(C) include— 


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

2 the Federal Emergency Management 

3 Agency; and 

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

5 Officer; and 

6 ‘‘(2) 3 State officials who are responsible for 

7 administration of State programs that are carried 

8 out with grants under this section, who shall be se9 lected by the Administrator. 

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

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

12 the program for each of fiscal years 2012 through 2016. 

13 ‘‘Subtitle D—Recovery 

14 ‘‘SEC. 2141. IDENTIFYING AND ADDRESSING GAPS IN RE15 COVERY CAPABILITIES. 

16 ‘‘(a) RISK ASSESSMENT.— 

17 ‘‘(1) TAILORED RISK ASSESSMENT.—The Sec18 retary shall conduct risk assessments to inform 

19 prioritization of national recovery activities for 

20 chemical, biological, radiological, and nuclear inci21 dents, to be updated as necessary. 

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

23 assessments under paragraph (1), the Secretary 

24 shall— 


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1 ‘‘(A) consult with the Administrator of the 

2 Environmental Protection Agency, the Sec3 retary of Health and Human Services, the 

4 Chairman of the Nuclear Regulatory Commis5 sion, and the heads of other relevant Federal 

6 departments and agencies; 

7 ‘‘(B) consider recovery of both indoor 

8 areas and outdoor environments; and 

9 ‘‘(C) consider relevant studies previously 

10 prepared by other Federal agencies, or other 

11 appropriate stakeholders. 

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

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

16 heads of other relevant Federal agencies in order to 

17 inform ongoing and future work, including research 

18 and guidance development, undertaken by those 

19 agencies in recovery and remediation from chemical, 

20 biological, radiological, or nuclear incidents. 

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

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

24 by each assessment. 


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

2 each risk assessment shall be submitted to the appropriate 

3 congressional committees within 30 days after completion 

4 of the assessment. 

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

6 RADIOLOGICAL, AND NUCLEAR ATTACK OR 

7 INCIDENT. 

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

10 restoration of indoor and outdoor areas, including subways 

11 and other mass transportation facilities, that have been 

12 exposed to chemical, biological, radiological, or nuclear 

13 materials. The Secretary shall develop and issue the guid14 ance in consultation with— 

15 ‘‘(1) the Secretary of Agriculture; 

16 ‘‘(2) the Secretary of Commerce; 

17 ‘‘(3) the Secretary of Education; 

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

19 ‘‘(5) the Attorney General; 

20 ‘‘(6) the Secretary of Labor; 

21 ‘‘(7) the Secretary of Transportation; 

22 ‘‘(8) the Secretary of Housing and Urban De23 velopment; 

24 ‘‘(9) the Secretary of Health and Human Serv25 ices; 


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

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

3 ‘‘(12) the Administrator of the Environmental 

4 Protection Agency; and 

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

6 Administration. 

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

8 subsection (a) shall clarify Federal roles and responsibil9 ities for assisting State, local, and tribal authorities and 

10 include risk-based recommendations for— 

11 ‘‘(1) standards for effective decontamination of 

12 affected sites; 

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

14 affected sites, including for vulnerable populations 

15 such as children and individuals with health con16 cerns; 

17 ‘‘(3) requirements to ensure that the decon18 tamination procedures for responding organizations 

19 do not conflict; 

20 ‘‘(4) requirements that each responding organi21 zation uses a uniform system for tracking costs and 

22 performance of clean-up contractors; 

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

24 buildings; 


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

2 personal protective equipment; 

3 ‘‘(7) air sampling procedures; 

4 ‘‘(8) development of occupational health and 

5 safety plans that are appropriate for the specific risk 

6 to responder health; and 

7 ‘‘(9) waste disposal. 

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

9 Secretary shall— 

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

11 years, review the guidance developed under sub12 section (a); 

13 ‘‘(2) make revisions to the guidance as appro14 priate; and 

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

16 Federal Government, State, local, and tribal authori17 ties, nongovernmental organizations, the private sec18 tor, and the public. 

19 ‘‘(d) PROCEDURES FOR DEVELOPING AND REVISING

20 GUIDANCE.—In carrying out the requirements of this sec21 tion, the Secretary shall establish procedures to— 

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

23 the results of the risk assessment under section 

24 2131; 

25 ‘‘(2) inventory existing relevant guidance; 


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1 ‘‘(3) enable the public to submit recommenda2 tions of areas in which guidance is needed; 

3 ‘‘(4) determine which entities should be con4 sulted in developing or revising the guidance; 

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

6 that should be developed or revised; and 

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

8 accordance with the prioritization under paragraph 

9 (5). 

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

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

12 and the procedures required under subsection (d), in con13 sultation with— 

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

15 and agencies, as appropriate; 

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

17 ‘‘(3) nongovernmental organizations and private 

18 industry. 

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

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

21 the Secretary shall provide appropriate congressional com22 mittees with— 

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

24 under subsection (d); 


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

2 report; 

3 ‘‘(3) a list of entities to which the guidance de4 scribed in paragraph (2) were disseminated; 

5 ‘‘(4) a plan for reviewing the guidance de6 scribed in paragraph (2), in accordance with sub7 section (e); 

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

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

10 by the Secretary for such prioritization; and 

11 ‘‘(6) a plan for developing, revising, and dis12 seminating the guidance. 

13 ‘‘SEC. 2143. EXERCISES. 

14 ‘‘To facilitate recovery from a chemical, biological, ra15 diological, or nuclear attack or other incident involving 

16 chemical, biological, radiological, or nuclear materials and 

17 to foster collective response to terrorism, the Secretary 

18 shall develop exercises in consultation with State, local, 

19 and tribal authorities and other appropriate Federal agen20 cies, and, as appropriate, in collaboration with national 

21 level exercises, including exercises that address, to the best 

22 knowledge available at the time, analysis, indoor environ23 mental cleanup methods, and decontamination stand24 ards.’’. 


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

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

3 end the following new items: 

‘‘TITLE XXI—WEAPONS OF MASS DESTRUCTION PREVENTION 

AND PREPAREDNESS 

‘‘Subtitle A—Prevention 

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

‘‘Sec. 2102. Risk assessments. 

‘‘Sec. 2103. Periodic homeland security review of criminal statutes. 

‘‘Sec. 2104. Export enforcement for counterproliferation. 

‘‘Sec. 2105. Communication of threat information. 

‘‘Sec. 2106. Individual and community preparedness for chemical, biological, 

radiological, and nuclear attacks. 

‘‘Subtitle B—Protection 

‘‘Sec. 2121. Detection of biological attacks. 

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

entry. 

‘‘Sec. 2123. Evaluating detection technology. 

‘‘Sec. 2124. Laboratory biosecurity information sharing. 

‘‘Sec. 2125. Domestic implementation of the Global Nuclear Detection Architecture. 

‘‘Subtitle C—Response 

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

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

‘‘Sec. 2133. Establishment of the System Assessment and Validation for Emergency Responders (SAVER) program. 

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

‘‘Sec. 2135. Bioforensics capabilities. 

‘‘Sec. 2136. Federal law enforcement training to investigate biological threats. 

‘‘Sec. 2137. Metropolitan Medical Response System Program. 

‘‘Subtitle D—Recovery 

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

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

‘‘Sec. 2143. Exercises.’’. 

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

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

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

7 are repealed. 


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1 (d) METROPOLITAN MEDICAL RESPONSE PROGRAM

2 REVIEW.— 

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

4 Federal Emergency Management Agency, the Chief 

5 Medical Officer of the Department of Homeland Se6 curity, and the National Metropolitan Medical Re7 sponse System Working Group shall conduct a re8 view of the Metropolitan Medical Response System 

9 Program authorized under section 2138 of the 

10 Homeland Security Act of 2002, as added by this 

11 section, including an examination of— 

12 (A) the extent to which the program goals 

13 and objectives are being met; 

14 (B) the performance metrics that can best 

15 help assess whether the Metropolitan Medical 

16 Response System Program is succeeding; 

17 (C) how the Metropolitan Medical Re18 sponse System Program can be improved; 

19 (D) how the Metropolitan Medical Re20 sponse System Program complements and en21 hances other preparedness programs supported 

22 by the Department of Homeland Security and 

23 the Department of Health and Human Services; 

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

25 objectives, and capabilities of the Metropolitan 


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1 Medical Response System Program are incor2 porated in State and local homeland security 

3 plans; 

4 (F) how eligibility for financial assistance, 

5 and the allocation of financial assistance, under 

6 the Metropolitan Medical Response System Pro7 gram should be determined, including how allo8 cation of assistance could be based on risk; 

9 (G) implications for the Metropolitan Med10 ical Response System Program if it were man11 aged as a contractual agreement; and 

12 (H) the resource requirements of the Met13 ropolitan Medical Response System Program. 

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

15 date of enactment of this Act, the Administrator and 

16 the Chief Medical Officer shall submit to the Com17 mittee on Homeland Security of the House of Rep18 resentatives and the Committee on Homeland Secu19 rity and Governmental Affairs of the Senate a report 

20 on the results of the review under this section. 

21 (3) CONSULTATION.—The Administrator of the 

22 Federal Emergency Management Agency shall con23 sult with the Secretary of Health and Human Serv24 ices in the implementation of paragraph (1)(E). 


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

2 ‘‘National Metropolitan Medical Response System 

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

4 section 2138 of the Homeland Security Act of 2002, 

5 as added by this section. 

6 SEC. 302. ENHANCING LABORATORY BIOSECURITY. 

7 (a) FEDERAL EXPERTS SECURITY ADVISORY

8 PANEL.— 

9 (1) PANEL.— 

10 (A) ESTABLISHMENT.—The President 

11 shall establish a permanent advisory panel to be 

12 known as the Federal Experts Security Advi13 sory Panel to make technical and substantive 

14 recommendations on biological agent and toxin 

15 security. 

16 (B) MEMBERSHIP.—The members of the 

17 Panel— 

18 (i) shall consist of the voting members 

19 appointed under subparagraph (D) and the 

20 nonvoting members appointed under sub21 paragraph (E); and 

22 (ii) shall each be an official or em23 ployee of the Federal Government. 

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

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


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

2 the Co-Chairs of the Panel. 

3 (D) VOTING MEMBERS.—The voting mem4 bers of the Panel shall consist of 1 voting rep5 resentative of each of the following Government 

6 entities, appointed (except with respect to the 

7 National Security Council) by the head of the 

8 respective entity: 

9 (i) The Department of Agriculture. 

10 (ii) The Department of Commerce. 

11 (iii) The Department of Defense. 

12 (iv) The Department of Energy. 

13 (v) The Department of Health and 

14 Human Services. 

15 (vi) The Department of Homeland Se16 curity. 

17 (vii) The Department of Justice. 

18 (viii) The Department of Labor. 

19 (ix) The Department of State. 

20 (x) The Department of Transpor21 tation. 

22 (xi) The Department of Veterans Af23 fairs. 

24 (xii) The Environmental Protection 

25 Agency. 


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1 (xiii) The National Security Council, 

2 which shall be represented by the Special 

3 Assistant to the President for Biodefense. 

4 (xiv) The Office of the Director of 

5 National Intelligence. 

6 (xv) Any other department or agency 

7 designated by the Co-Chairs. 

8 (E) NONVOTING MEMBERS.—The non9 voting members of the Panel shall consist of 

10 such additional representatives of the Govern11 ment entities listed in subparagraph (D) as 

12 may be appointed by the heads of the respective 

13 entities. 

14 (F) ADMINISTRATIVE SUPPORT.—The Sec15 retary of Health and Human Services shall pro16 vide to the Panel such facilities, staff, and sup17 port services as may be necessary for the Panel 

18 to carry out its responsibilities under paragraph 

19 (2). 

20 (2) RESPONSIBILITIES.—Not later than 6 

21 months after the date of the enactment of this sec22 tion, the Panel shall, with respect to biological agent 

23 and toxin security, deliver to the Secretaries of Agri24 culture, Health and Human Services, and Homeland 


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1 Security plurality recommendations, including any 

2 statements of dissent, concerning— 

3 (A) the designation as highest risk of that 

4 subset of biological agents and toxins listed pur5 suant to section 351A(a)(1) of the Public 

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

7 presents the greatest risk of deliberate misuse 

8 with significant potential for mass casualties or 

9 devastating effects to the economy, informed 

10 by— 

11 (i) any biological or bioterrorism risk 

12 assessments conducted by the Department 

13 of Homeland Security and relevant assess14 ments by other agencies; and 

15 (ii) determinations made by the Sec16 retary of Homeland Security pursuant to 

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

18 U.S.C. 247d–6b(c)(2)(A)); 

19 (B) the development of a set of minimum 

20 risk-based prescriptive laboratory security per21 formance standards based on the risk at the 

22 lowest level, allowing for enhancements as risk 

23 increases; 

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1 toring of, and ensure reliability of, personnel 

2 with access to highest risk biological agents and 

3 toxins at facilities registered under section 

4 351A(d) of the Public Health Service Act (42 

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

6 (D) the establishment of appropriate prac7 tices for physical security and cyber security for 

8 facilities that possess highest risk biological 

9 agents or toxins; 

10 (E) standards for training of laboratory 

11 personnel in security measures; 

12 (F) other emerging policy issues relevant 

13 to the security of biological agents and toxins; 

14 (G) adequacy of information sharing proto15 cols with biodefense and biosecurity stake16 holders; and 

17 (H) any other security standards deter18 mined necessary. 

19 (b) REVISION OF RULES AND REGULATIONS.— 

20 (1) PROPOSED RULES.—The Secretaries of 

21 Health and Human Services and Agriculture, in co22 ordination with the Secretary of Homeland Security, 

23 no later than 12 months after the date of receipt of 

24 recommendations under subsection (a)(2), shall, as 

25 appropriate, propose rules under section 351A of the 


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1 Public Health Service Act (42 U.S.C. 262a) estab2 lishing security standards and procedures that are 

3 specific to highest risk biological agents and toxins. 

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

5 and Human Services and Agriculture, in coordina6 tion with the Secretary of Homeland Security, no 

7 later than 24 months after the date of the enact8 ment of this section, shall promulgate final rules de9 scribed in paragraph (1). 

10 (c) COORDINATION OF FEDERAL OVERSIGHT.—To 

11 ensure that the Federal Government provides for com12 prehensive and effective oversight of biological agents and 

13 toxins security, the heads of the Government entities listed 

14 in subsection (a)(1)(D) shall, no later than 6 months after 

15 the submission of recommendations under subsection 

16 (a)(2), develop and implement a plan for the coordination 

17 of biological agents and toxins security oversight that— 

18 (1) articulates a mechanism for coordinated in19 spections of and harmonized administrative practices 

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

21 Public Health Service Act (42 U.S.C. 262a(d)), pur22 suant to subsection (d) of this section; and 

23 (2) ensures consistent and timely identification 

24 and resolution of biological agents and toxins secu25 rity and compliance issues. 


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1 (d) COMMON INSPECTION PROCEDURES.—The heads 

2 of the entities listed in subsection (a)(1)(D) shall coordi3 nate laboratory inspections and ensure that such inspec4 tions are conducted using a common set of inspection pro5 cedures across such entities in order to minimize the ad6 ministrative burden on such laboratory. 

7 (e) INSPECTION REPORTS.—Any inspection report 

8 resulting from an inspection described in paragraph (1) 

9 shall be available to— 

10 (1) each Federal agency that supports biological 

11 agent or toxin laboratory activities at the laboratory 

12 that is the subject of the inspection report; and 

13 (2) the laboratories that are the object of in14 spection. 

15 (f) LABORATORY BIOSECURITY INFORMATION SHAR16 ING.— 

17 (1) FEDERAL SHARING.—The Secretaries of 

18 Health and Human Services and Agriculture shall— 

19 (A) share relevant information pertaining 

20 to biological agents and toxins, including identi21 fication of laboratories possessing highest risk 

22 biological agents and toxins, and compliance 

23 issues with the Secretary of Homeland Security; 

24 and 


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1 (B) share relevant information pertaining 

2 to biological agents and toxins, including identi3 fication of laboratories possessing highest risk 

4 biological agents and toxins, with appropriate 

5 State, local, and tribal government authorities, 

6 including law enforcement authorities and 

7 emergency response providers. 

8 (2) CLASSIFIED AND SENSITIVE INFORMA9 TION.—The Secretaries of Agriculture, Health and 

10 Human Services, and Homeland Security shall en11 sure that any information disseminated under this 

12 section is handled consistently with— 

13 (A) the authority of the Director of Na14 tional Intelligence to protect intelligence sources 

15 and methods under the National Security Act 

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

17 procedures or similar authorities of the Attor18 ney General concerning sensitive law enforce19 ment information; 

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

21 Code (commonly referred to as the ‘‘Privacy 

22 Act of 1974’’); and 

23 (C) other relevant laws. 

24 (g) DEFINITIONS.—In this section: 


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

2 refer to a biological agent or toxin, respectively, list3 ed pursuant to section 351A(a)(1) of the Public 

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

5 (2) The term ‘‘highest risk’’ means, with re6 spect to a biological agent or toxin, designated as 

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

8 (3) The term ‘‘Panel’’ means the Federal Ex9 perts Security Advisory Panel under subsection (a). 

10 SEC. 303. DEFINITIONS. 

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

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

13 new paragraphs: 

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

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

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

17 ‘‘(20) The term ‘national biosecurity and bio18 defense stakeholders’ means officials from the Fed19 eral, State, local, and tribal authorities and individ20 uals from the private sector who are involved in ef21 forts to prevent, protect against, respond to, and re22 cover from a biological attack or other biological in23 cidents that may have serious health or economic 

24 consequences for the United States, including wide25 scale fatalities or infectious disease outbreaks.’’. 


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

2 BIOLOGY. 

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that the field of synthetic biology has the potential 

5 to facilitate enormous gains in fundamental discovery and 

6 biotechnological applications, but it also has inherent dual7 use homeland security risks that must be managed. 

8 (b) REQUIREMENT.—Not later than one year after 

9 the date of enactment of this Act, the Secretary of Home10 land Security, acting through the Under Secretary of 

11 Homeland Security for Science and Technology, shall ex12 amine and report to the appropriate congressional com13 mittees on the homeland security implications of the dual14 use nature of synthetic biology, and if the Under Secretary 

15 determines that such research is appropriate, may conduct 

16 research in that area, including— 

17 (1) determining the current capability of syn18 thetic nucleic acid providers to effectively differen19 tiate a legitimate customer from a potential terrorist 

20 or other malicious actor; 

21 (2) determining the current capability of syn22 thetic nucleic acid providers to effectively screen or23 ders for sequences of homeland security concern; 

24 and 


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

4 SEC. 305. DISSEMINATION OF INFORMATION ANALYZED BY 

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

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

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

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

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

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

15 of terrorism against the United States.’’. 

16 TITLE IV—PUBLIC HEALTH 

17 MATTERS 

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

21 It is the sense of Congress that— 

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

24 Project BioShield Act of 2004 (Public Law 108– 

25 276), coordination among Federal agencies involved 


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1 in activities relating to researching, developing, and 

2 acquiring medical countermeasures still needs im3 provement; and 

4 (2) aggressive action should be taken by the 

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

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

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

13 adoption of an interagency agreement that sets forth 

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

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

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

20 Title III of the Public Health Service Act is amended 

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

22 the following: 

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

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


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

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

5 a qualified countermeasure (as defined in section 

6 319F–1(a)(2)). 

7 ‘‘(b) STRATEGY.— 

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

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

13 Countermeasure Dispensing Strategy to enhance 

14 preparedness and collective response to a terrorist 

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

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

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

21 shall consider— 

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

23 medical countermeasures; 


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

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

5 countermeasures in event-specific authorizations 

6 covering federally held countermeasures of the 

7 same type; and 

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

9 medical kits for personal stockpiling purposes, 

10 within 30 days after a domestic or international 

11 bioterrorist attack resulting in human infection. 

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

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

16 organizations on the National Medical Countermeasures 

17 Dispensing Strategy. 

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

19 date of the enactment of this section, the Secretary shall 

20 submit the National Medical Countermeasures Dispensing 

21 Strategy to the appropriate congressional committees.’’. 

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

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

25 Human Services, in coordination with the Secretary of 


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1 Homeland Security and the Secretary of Agriculture, shall 

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

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

5 of a biological attack or other phenomena that may have 

6 serious health consequences for the United States, includ7 ing wide-scale fatalities or infectious disease outbreaks. In 

8 carrying out the review under this section, the Secretary 

9 shall consider— 

10 (1) material threat assessments and determina11 tions conducted by the Department of Homeland Se12 curity; 

13 (2) reports on global trends and intelligence 

14 produced by the Office of the Director of National 

15 Intelligence and the Intelligence Community regard16 ing biological threats; 

17 (3) the availability of domestic vaccine and 

18 antimicrobials to dispense to first responders and 

19 the public, on a voluntary basis, in anticipation of a 

20 biological attack; 

21 (4) applicability of Federal shelf-life extension 

22 programs to locally held stockpiles of medical coun23 termeasures; 

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1 ners once the requests of domestic stakeholders have 

2 been fulfilled; and 

3 (6) the implications of pre-event vaccination 

4 and antimicrobial dispensing to livestock. 

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

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

7 Human Services shall report to the appropriate congres8 sional committees on the review required by subsection 

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

10 availability of domestic vaccine and antimicrobials for dis11 bursing to the public and voluntary immunization by first 

12 responders. 

13 SEC. 404. MANAGEMENT OF SHORT SHELF LIFE VACCINE 

14 AND ANTIMICROBIAL STOCKPILES. 

15 The Secretary of Health and Human Services shall 

16 make available surplus vaccines and antimicrobials, and 

17 vaccines and antimicrobials with short shelf lives, from the 

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

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

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

21 care responders, for administration to such responders 

22 who voluntarily consent to such administration, and 

23 shall— 


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1 (1) establish any necessary logistical and track2 ing systems to facilitate making such vaccines and 

3 antimicrobials so available; and 

4 (2) distribute disclosures regarding associated 

5 risks to end users. 

6 SEC. 405. MATERIAL THREAT DETERMINATIONS REVIEWS. 

7 Section 319F–2(c)(2)(A) of the Public Health Serv8 ice Act (42 U.S.C. Sec 247d–6b(c)(2)(A)) is amended— 

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

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

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

12 ‘‘(ii) establish criteria for the issuance 

13 of a material threat determination;’’; 

14 (4) in clause (iii), as so redesignated, by strik15 ing the period at the end and inserting ‘‘; and’’; and 

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

17 ‘‘(iv) review and reassess determina18 tions under clause (iii) to determine wheth19 er agents continue to present a material 

20 threat against the United States popu21 lation sufficient to affect national security 

22 and homeland security.’’. 

23 SEC. 406. 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 


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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 TITLE V—FOREIGN RELATIONS 

9 MATTERS 

10 SEC. 501. INTERNATIONAL ENGAGEMENT TO ENHANCE BIO11 DEFENSE AND LABORATORY BIOSECURITY. 

12 The Secretary of State, in consultation with the Sec13 retary of Homeland Security, and the heads of other ap14 propriate Federal agencies, shall, as appropriate— 

15 (1) support efforts of other countries to estab16 lish and build capacity to effectively implement legis17 lation criminalizing the development or use of bio18 logical weapons or acts of bioterrorism; 

19 (2) engage other countries and international 

20 nongovernmental entities to develop and establish 

21 common standards, guidance, and best practices for 

22 actions relevant to preventing acts of bioterrorism 

23 and the illicit use of life sciences; 

24 (3) support the efforts of other countries to en25 hance biosecurity and safety practices at laboratories 


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1 and other facilities with materials that could be used 

2 in biological weapons or in an act of bioterrorism; 

3 (4) promote the development and adoption of 

4 international guidance for the safety and security of 

5 high-risk pathogens and toxins; and 

6 (5) promote information sharing relating to 

7 threats and best practices between the intelligence 

8 community, Federal law enforcement, and inter9 national law enforcement and security officials. 

10 SEC. 502. INTERNATIONAL COLLABORATION AND INFORMA11 TION SHARING RELATING TO BIOSECURITY. 

12 The Secretary of State, in consultation with the Sec13 retary of Homeland Security, the Secretary of Agriculture, 

14 the Secretary of Health and Human Services, and the 

15 heads of other appropriate Federal agencies, shall, as ap16 propriate— 

17 (1) support efforts in other countries and re18 gions to develop mechanisms and capabilities for re19 porting to United Nations organizations validated 

20 data on biological attacks or other phenomena that 

21 may have serious health consequences for the United 

22 States, including wide-scale fatalities or infectious 

23 disease outbreaks; 

24 (2) engage other Federal and nongovernmental 

25 entities and other countries to advance awareness 


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1 and understanding of the risk posed by information 

2 derived from the life sciences that has the potential 

3 for misuse to cause harm, and advance recommenda4 tions on how best to address such risk; 

5 (3) engage such entities and countries to pro6 mote greater awareness and understanding of the 

7 global availability of and access to life science tech8 nologies and materials; and 

9 (4) promote the development and use of mecha10 nisms for reporting, preserving, and sharing data on 

11 Federal programs and investments in international 

12 scientific, agricultural, medical, and public health 

13 collaborations in support of efforts to enhance global 

14 biosecurity. 

15 SEC. 503. INTERAGENCY TASK FORCE ON BEST PRACTICES 

16 FOR GLOBAL BIOPREPAREDNESS. 

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that preparedness for a chemical, biological, radio19 logical, or nuclear incident must be undertaken not only 

20 domestically but also internationally. Specifically, there is 

21 a need for a global preparedness architecture for such an 

22 event. Congress supports efforts to provide an inter23 national forum for discussion of key health security poli24 cies with international dimensions, and the establishment 

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1 velop best practices and recommendations for implementa2 tion of a global preparedness architecture could enhance 

3 global preparedness. 

4 (b) ESTABLISHMENT OF TASK FORCE.—The Sec5 retary of State shall convene and lead an interagency task 

6 force to examine— 

7 (1) the state of global biopreparedness for a 

8 major biological event; 

9 (2) necessary components of a global bio10 preparedness architecture that would advance inter11 national health security, including considerations 

12 of— 

13 (A) risk assessments; 

14 (B) prevention; 

15 (C) protection; 

16 (D) regional stockpiling of medical coun17 termeasures, including considerations of— 

18 (i) security of the stockpile; 

19 (ii) preservation of the stockpile 

20 through effective detection and diagnosis, 

21 shelf life extension programs, and other 

22 means; 

23 (iii) delivery planning; and 

24 (iv) legal considerations for imple25 menting such an architecture; 


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1 (E) response and attribution; 

2 (F) other elements that should be a com3 ponent of such an architecture; and 

4 (G) obstacles to implementing such an ar5 chitecture; 

6 (3) best practices for preparedness based on 

7 lessons learned from domestic efforts to address the 

8 above issues, and that may be applicable internation9 ally; 

10 (4) activities undertaken through the National 

11 Strategy for Countering Biological Threats and the 

12 International Health Regulations 2005, as well as 

13 other activities deemed relevant by the task force; 

14 and 

15 (5) the utility of working through existing inter16 national forums as a mechanism for distributing this 

17 information to the international community. 

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

19 include representatives from— 

20 (1) the Department of Homeland Security; 

21 (2) the Department of Health and Human 

22 Services, including the Centers for Disease Control 

23 and Prevention; 

24 (3) the Department of Agriculture; 

25 (4) the Department of Defense; 


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1 (5) the Department of Justice; 

2 (6) the Department of State; 

3 (7) the Director of National Intelligence; 

4 (8) other Federal departments and agencies, as 

5 determined appropriate by the Secretary; and 

6 (9) national biosecurity and biodefense stake7 holder community, including from the pharma8 ceutical and biotechnology industries, and the diag9 nostic laboratory community, as determined by the 

10 Secretary. 

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

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

13 to the appropriate congressional committees a report on 

14 the findings of the task force established under this sec15 tion. 

16 SEC. 504. BIOLOGICAL AND TOXIN WEAPONS CONVENTION. 

17 The Secretary of State shall— 

18 (1) promote confidence in effective implementa19 tion of and compliance with the Convention on the 

20 Prohibition of the Development, Production and 

21 Stockpiling of Bacteriological (Biological) and Toxin 

22 Weapons and on their Destruction (commonly re23 ferred to as the ‘‘Biological and Toxin Weapons 

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

25 by promoting transparency with respect to legitimate 


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1 activities and pursuing compliance diplomatically to 

2 address concerns; 

3 (2) promote universal membership in the Con4 vention; 

5 (3) develop an action plan for increasing inter6 national adherence to the Convention; and 

7 (4) ensure that United States participation in 

8 Convention meetings is broadly inclusive of rep9 resentatives of relevant Federal departments and 

10 agencies. 

Æ 


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