IB 

Union Calendar No. 510 

112TH CONGRESS 

2D SESSION H. R. 2356 

[Report No. 112–665, Part I] 

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 

SEPTEMBER 12, 2012 

Reported from the Committee on Homeland Security with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

SEPTEMBER 12, 2012 

Referral to the Committees on Energy and Commerce, Transportation and Infrastructure, Foreign Affairs, and the Permanent Select Committee on 

Intelligence extended for a period ending not later than November 30, 

2012 

SEPTEMBER 12, 2012 

Referred to the Committee on Science, Space, and Technology for a period 

ending not later than November 30, 2012, for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that 

committee pursuant to clause 1(p), rule X 

mstockstill on DSK4VPTVN1PROD with 

2 

•HR 2356 RH

NOVEMBER 30, 2012 

The Committees on Energy and Commerce, Transportation and Infrastructure, Foreign Affairs, the Permanent Select Committee on Intelligence, 

and Science, Space, and Technology discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 

[For text of introduced bill, see copy of bill as introduced on June 24, 2011] 

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. 

mstockstill on DSK4VPTVN1PROD with 

3 

•HR 2356 RH

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘WMD Prevention and Preparedness Act of 2012’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—A NATIONAL BIODEFENSE ENTERPRISE 

Sec. 101. Special Assistant for Biodefense. 

Sec. 102. National Biodefense Plan. 

Sec. 103. National Biosurveillance Strategy. 

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

TITLE II—INTELLIGENCE MATTERS 

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

of Mass Destruction. 

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

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

TITLE III—HOMELAND SECURITY MATTERS 

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

‘‘TITLE XXI—WEAPONS OF MASS DESTRUCTION PREVENTION AND 

PREPAREDNESS 

‘‘Subtitle A—Prevention 

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

‘‘Sec. 2102. Risk assessments. 

‘‘Sec. 2103. National Export Enforcement Coordination. 

‘‘Sec. 2104. Communication of threat information. 

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

radiological, and nuclear attacks. 

‘‘Subtitle B—Protection 

‘‘Sec. 2121. Detection of biological attacks. 

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

entry. 

‘‘Sec. 2123. Evaluating detection technology. 

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

mstockstill on DSK4VPTVN1PROD with 

4 

•HR 2356 RH

‘‘Subtitle C—Response 

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

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

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

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

‘‘Sec. 2135. Bioforensics capabilities. 

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

‘‘Subtitle D—Recovery 

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

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

attack or incident. 

‘‘Sec. 2143. Exercises. 

Sec. 302. Enhancing laboratory biosecurity. 

Sec. 303. Definitions. 

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

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

local, tribal, and private entities with responsibilities relating to 

homeland security. 

TITLE IV—PUBLIC HEALTH MATTERS 

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

Sec. 402. National Medical Countermeasure Dispensing Strategy. 

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

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

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

Sec. 405. Material threat determinations reviews. 

Sec. 406. Background checks. 

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

TITLE V—FOREIGN RELATIONS MATTERS 

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

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

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

Sec. 504. Biological and Toxin Weapons Convention. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) The term ‘‘appropriate congressional com4 mittees’’ means the Committee on Homeland Security 

5 of the House of Representatives and any committee of 

mstockstill on DSK4VPTVN1PROD with 

5 

•HR 2356 RH

1 the House of Representatives or the Senate having leg2 islative jurisdiction under the rules of the House of 

3 Representatives or Senate, respectively, over the mat4 ter concerned. 

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

6 meaning given that term in section 3(4) of the Na7 tional Security Act of 1947 (50 U.S.C. 401a(4)). 

8 (3) The term ‘‘national biosecurity and bio9 defense stakeholders’’ means officials from the Federal, 

10 State, local, and tribal authorities and individuals 

11 and other persons from the private sector who are in12 volved in efforts to prevent, protect against, respond 

13 to, and recover from a biological attack or other phe14 nomena that may have serious health consequences for 

15 the United States, including wide-scale fatalities or 

16 infectious disease outbreaks. 

17 TITLE I—A NATIONAL 

18 BIODEFENSE ENTERPRISE 

19 SEC. 101. SPECIAL ASSISTANT FOR BIODEFENSE. 

20 (a) IN GENERAL.—The President shall assign a mem21 ber of the National Security Council to serve as Special As22 sistant to the President for Biodefense, who shall— 

23 (1) serve as the principal advisor to the Presi24 dent regarding coordination of Federal biodefense pol25 icy including prevention, protection, response, and remstockstill on DSK4VPTVN1PROD with 

6 

•HR 2356 RH

1 covery from biological attacks or other phenomena 

2 that may have serious health consequences for the 

3 United States, including wide-scale fatalities or infec4 tious disease outbreaks; 

5 (2) identify gaps, duplication, and other ineffi6 ciencies in existing biodefense activities and the ac7 tions necessary to overcome these obstacles; 

8 (3) lead the development of a coordinated Na9 tional Biodefense Plan, in accordance with section 

10 102; 

11 (4) lead the development of a coordinated Na12 tional Biosurveillance Strategy, in accordance with 

13 section 103; 

14 (5) lead the development of a coordinated na15 tional research and development strategy and imple16 mentation plan for microbial forensics, the latter to 

17 be updated not less than once every 4 years; 

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

19 the Office of Management and Budget, the develop20 ment of a comprehensive cross-cutting biodefense 

21 budget analysis to inform prioritization of resources 

22 and ensure that biodefense challenges are adequately 

23 addressed, in accordance with section 104; and 

mstockstill on DSK4VPTVN1PROD with 

7 

•HR 2356 RH

1 (7) conduct ongoing oversight and evaluation of 

2 implementation of Federal biodefense activities by rel3 evant Government departments and agencies. 

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

5 Special Assistant to the President for Biodefense shall not 

6 be construed as affecting access by Congress or committees 

7 of either House of Congress to information, documents, and 

8 studies in the possession of, or conducted by or at the direc9 tion of, the Special Assistant. 

10 SEC. 102. NATIONAL BIODEFENSE PLAN. 

11 The Special Assistant to the President for Biodefense 

12 shall submit to the President a National Biodefense Plan 

13 that— 

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

15 biodefense capability; 

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

17 addressed by the Plan, consistent with section 2102 of 

18 the Homeland Security Act of 2002, as amended by 

19 this Act; 

20 (3) delineates activities and tasks to be per21 formed, including prevention, protection, response, 

22 and recovery activities, to address the risks identified 

23 under paragraph (2); 

mstockstill on DSK4VPTVN1PROD with 

8 

•HR 2356 RH

1 (4) defines research and development needs for 

2 improving the capacity for threat awareness and pre3 vention, protection, response, and recovery; 

4 (5) identifies biodefense assets, interdependencies, 

5 capability gaps, and gaps in the integration of capa6 bilities; 

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

8 performance measures; 

9 (7) identifies resource and investment needs; 

10 (8) defines organizational roles, responsibilities , 

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

12 authorities (as those terms are defined in the Home13 land Security Act of 2002 (6 U.S.C. 101 et seq.)) with 

14 respect to the activities and tasks delineated in para15 graph (3); 

16 (9) integrates and supports the strategies out17 lined in Presidential Policy Directives 2 and 8 and 

18 Homeland Security Presidential Directives 5, 9, 10, 

19 18, 21, and their successors, the National Biosurveil20 lance Strategy published under section 103 of this 

21 Act, the National Medical Countermeasure Dispensing 

22 Strategy developed under section 319F–5 of the Public 

23 Health Service Act, as amended by this Act, and 

24 other strategy documents as appropriate; 

mstockstill on DSK4VPTVN1PROD with 

9 

•HR 2356 RH

1 (10) is consistent with the National Response 

2 Framework as published by the Secretary of Home3 land Security in January 2008, and any successors 

4 thereof; 

5 (11) incorporates input from Federal, State, 

6 local, and tribal stakeholders; 

7 (12) provides planning guidance to biosecurity 

8 and biodefense stakeholders, including leveraging of 

9 existing guidance; and 

10 (13) shall be submitted to the President and the 

11 Congress within 18 months after the date of the enact12 ment of this Act, and updated as necessary. 

13 SEC. 103. NATIONAL BIOSURVEILLANCE STRATEGY. 

14 (a) STRATEGY FOR BIOSURVEILLANCE.—The Special 

15 Assistant to the President for Biodefense shall publish a Na16 tional Biosurveillance Strategy that shall— 

17 (1) identify the purpose and scope of a nation18 ally integrated biosurveillance capability; 

19 (2) establish goals, objectives, priorities, mile20 stones, and performance measures to guide the devel21 opment of such capability; 

22 (3) define and prioritize costs, benefits, and re23 source and investment needs, with particular atten24 tion to leveraging existing resources; 

mstockstill on DSK4VPTVN1PROD with 

10 

•HR 2356 RH

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

2 private roles and responsibilities; and 

3 (5) describe how the Strategy is integrated with 

4 related national strategies. 

5 (b) MATTERS FOR CONSIDERATION.—In developing the 

6 strategy required under subsection (a), the Special Assistant 

7 shall take into consideration— 

8 (1) the state of biosurveillance domestically and 

9 internationally; 

10 (2) material threat assessments and determina11 tions developed by the Secretary of Homeland Secu12 rity in accordance with the Project BioShield Act of 

13 2004 (Public Law 108–276) and the amendments 

14 made by that Act; 

15 (3) risk assessments consistent with section 2102 

16 of the Homeland Security Act of 2002, as amended by 

17 this Act; 

18 (4) reports on global trends produced by the Of19 fice of the Director of National Intelligence regarding 

20 the biological threat; 

21 (5) Intelligence Community needs as articulated 

22 in relevant intelligence strategies; 

23 (6) information available in biosurveillance sys24 tems and changes to information technology including 

mstockstill on DSK4VPTVN1PROD with 

11 

•HR 2356 RH

1 systems used commercially to allow for the incorpora2 tion and integration of this information; and 

3 (7) costs associated with establishing and main4 taining the necessary infrastructure to integrate bio5 surveillance systems. 

6 (c) IMPLEMENTATION PLAN.—In addition to the strat7 egy required under subsection (a), the Special Assistant 

8 shall publish an implementation plan for such strategy that 

9 includes benchmarks for measuring the success of the Strat10 egy. The implementation plan shall— 

11 (1) include a plan for advancing situational 

12 awareness of biological threats, by rapid detection 

13 and dissemination of biosurveillance information in 

14 real time, and through other means; 

15 (2) include a plan for fostering information 

16 sharing among national biosecurity and biodefense 

17 stakeholders— 

18 (A) to identify potential threats, reduce 

19 vulnerabilities, and improve collective response 

20 activities to, and investigations of, suspected bio21 logical attacks; 

22 (B) that addresses the type of information 

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

24 (C) that identifies critical sensitivities to be 

25 protected; and 

mstockstill on DSK4VPTVN1PROD with 

12 

•HR 2356 RH

1 (3) include a plan for enhancing the capability 

2 of the Federal Government to rapidly identify, char3 acterize, localize, and track a biological event of na4 tional concern by integrating and analyzing data re5 lating to human health, animal, plant, food, and en6 vironmental monitoring systems (both national and 

7 international). 

8 (d) DEADLINE; SUBMISSION; UPDATES.—The Special 

9 Assistant shall— 

10 (1) publish the strategy, and submit it to the ap11 propriate congressional committees, by not later than 

12 1 year after the date of enactment of this Act; and 

13 (2) publish an implementation plan for such 

14 strategy not later than 2 years after the date of enact15 ment of this Act, and update the implementation plan 

16 at least once every 4 years. 

17 SEC. 104. COMPREHENSIVE CROSS-CUTTING BIODEFENSE 

18 BUDGET ANALYSIS. 

19 (a) IN GENERAL.—In order to enhance strategic plan20 ning, eliminate redundancies, identify capability gaps, and 

21 provide for greater transparency, the Special Assistant to 

22 the President for Biodefense, in coordination with the Di23 rector of the Office of Management and Budget, shall trans24 mit to the appropriate congressional committees, concurrent 

25 with the submission of the President’s annual budget to the 

mstockstill on DSK4VPTVN1PROD with 

13 

•HR 2356 RH

1 Congress, a comprehensive cross-cutting biodefense budget 

2 analysis that delineates and integrates the biodefense ex3 penditure requests for the departments and agencies headed 

4 by the officials listed in subsection (c). 

5 (b) CONTENTS.— 

6 (1) IN GENERAL.—The comprehensive cross-cut7 ting biodefense budget analysis shall provide a de8 tailed, separate analysis, by budget function, by de9 partment or agency, and by initiative area (as deter10 mined by the Administration), for the prior fiscal 

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

12 which the budget is submitted, identifying the 

13 amounts of gross and net appropriations or 

14 obligational authority and outlays that contribute to 

15 biodefense, with separate displays for mandatory and 

16 discretionary amounts, including— 

17 (A) summaries of the total amount of such 

18 appropriations or obligational authority and 

19 outlays requested for biodefense; 

20 (B) an estimate of the current service levels 

21 of biodefense spending; and 

22 (C) an indication of how the Federal activi23 ties or accounts covered by the analysis support 

24 the activities delineated in the National Bio25 defense Plan under section 102(2). 

mstockstill on DSK4VPTVN1PROD with 

14 

•HR 2356 RH

1 (2) ACCOUNT-LEVEL AMOUNTS.—With respect to 

2 subparagraphs (A) through (C) of paragraph (1), 

3 amounts shall be provided by account for each pro4 gram, project, and activity. 

5 (c) COORDINATION.— 

6 (1) SUBMISSION TO SPECIAL ASSISTANT.—Each 

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

8 than 30 days before submitting the annual appro9 priations request for the agency under section 1108 of 

10 title 31, United States Code, submit to the Special As11 sistant— 

12 (A) the proposed appropriations request; 

13 and 

14 (B) a progress report on how the depart15 ment or agency under the official’s authority 

16 agency has met the responsibilities of the official 

17 under the National Biodefense Plan under sec18 tion 102. 

19 (2) COVERED OFFICIAL.—The officials referred to 

20 in paragraph (1) are— 

21 (A) the Secretary of Agriculture; 

22 (B) the Secretary of Commerce; 

23 (C) the Secretary of Defense; 

24 (D) the Secretary of Energy; 

mstockstill on DSK4VPTVN1PROD with 

15 

•HR 2356 RH

1 (E) the Secretary of Health and Human 

2 Services; 

3 (F) the Secretary of Homeland Security; 

4 (G) the Secretary of State; 

5 (H) the Secretary of Veterans Affairs; 

6 (I) the Attorney General; 

7 (J) the Administrator of the Environmental 

8 Protection Agency; 

9 (K) the Director of the National Science 

10 Foundation; 

11 (L) the Postmaster General of the United 

12 States; and 

13 (M) heads of other Federal departments and 

14 agencies as considered appropriate by the Spe15 cial Assistant. 

16 (d) CONSULTATION WITH CONGRESS.—Periodically, 

17 but at least annually, the Special Assistant for Biodefense 

18 shall consult with the Committee on Homeland Security of 

19 the House of Representatives, the Committee on Homeland 

20 Security and Governmental Affairs of the Senate, the Budg21 et Committees of the House of Representatives and the Sen22 ate, the Appropriations Committees of the House of Rep23 resentatives and the Senate, and the Congressional Budget 

24 Office. 

mstockstill on DSK4VPTVN1PROD with 

16 

•HR 2356 RH

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, analyze, 

14 and disseminate intelligence related to weapons 

15 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 core capabilities needed 

24 for successful intelligence collection on weapons of 

25 mass destruction; 

mstockstill on DSK4VPTVN1PROD with 

17 

•HR 2356 RH

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

3 collection, analysis, and dissemination of intelligence 

4 related to all types of weapons of mass destruction 

5 and science and technology related to weapons of 

6 mass destruction, as well as expertise in science and 

7 technology relating to risks posed by weapons of mass 

8 destruction; and 

9 (3) include methods for information sharing and 

10 collaboration, as appropriate, with non-Federal na11 tional biosecurity and biodefense stakeholders. 

12 (c) IMPLEMENTATION PLAN.—The plan for imple13 menting the strategy required under subsection (a) shall in14 clude— 

15 (1) actions necessary to increase the effectiveness 

16 and efficiency of the sharing of intelligence on weap17 ons of mass destruction throughout the Intelligence 

18 Community and with other Federal partners, includ19 ing a description of statutory, regulatory, policy, 

20 technical, security, or other barriers that impede such 

21 sharing, and, as appropriate, the development of uni22 form standards across the Intelligence Community for 

23 such sharing; 

24 (2) methods to disseminate intelligence products 

25 to national biosecurity and biodefense stakeholders in 

mstockstill on DSK4VPTVN1PROD with 

18 

•HR 2356 RH

1 classified and unclassified formats to increase the ef2 fectiveness and efficiency of the sharing of informa3 tion; 

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 5-year pe13 riod that begins on the date on which the strategy is 

14 submitted to the appropriate congressional committees 

15 under subsection (e) and tasks to accomplish such ob16 jectives, 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 implement 

23 the strategy; and 

mstockstill on DSK4VPTVN1PROD with 

19 

•HR 2356 RH

1 (6) a schedule for assessment of the effectiveness 

2 and efficiency of the strategy, including metrics, and 

3 a description of the components of the assessment. 

4 (d) COORDINATION.—The Director of National Intel5 ligence shall coordinate with State, local, and tribal govern6 ment authorities, the private sector, and nongovernmental 

7 organizations in the development of the National Intel8 ligence Strategy for Countering the Threat from Weapons 

9 of Mass Destruction. 

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

11 months after the date of the enactment of this Act, the Direc12 tor of National Intelligence shall submit to the appropriate 

13 congressional committees the strategy and plan required 

14 under subsection (a). The submission shall be in unclassi15 fied form but with a classified annex, as appropriate. 

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 Secretary of Agriculture, the 

mstockstill on DSK4VPTVN1PROD with 

20 

•HR 2356 RH

1 Special Assistant to the President for Biodefense, and 

2 the heads of other appropriate Federal departments 

3 and agencies, shall develop and implement a strategy 

4 and a plan for implementing the strategy that is inte5 grated into the National Intelligence Strategy for 

6 Countering the Threat from Weapons of Mass De7 struction, as required 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 need14 ed for successful intelligence collection on biological 

15 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 develop 

25 a weapon of mass destruction; 

mstockstill on DSK4VPTVN1PROD with 

21 

•HR 2356 RH

1 (3) include a plan for defining the functions, ca2 pabilities, 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 not 

11 employed by the Federal Government, in par12 ticular 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 prioritization 

19 and sustained commitment of intelligence personnel 

20 and resources to address biological threats. 

21 (c) IMPLEMENTATION PLAN.—The implementation 

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

23 (1) include actions necessary to increase the ef24 fectiveness and efficiency of the sharing of intelligence 

25 throughout the Intelligence Community on biological 

mstockstill on DSK4VPTVN1PROD with 

22 

•HR 2356 RH

1 weapons and organisms that could be used for biologi2 cal terrorism, including a description of statutory, 

3 regulatory, policy, technical, security, or other bar4 riers that prevent such sharing, and, as appropriate, 

5 the development of uniform standards across the In6 telligence Community for such sharing; 

7 (2) address strategic and tactical human intel8 ligence, measurement and signature intelligence, tech9 nical intelligence, medical intelligence, and open10 source intelligence activities necessary to implement 

11 the strategy; 

12 (3) identify specific objectives to be accomplished 

13 during each year of the 5-year period that begins on 

14 the date on which the strategy is submitted to the ap15 propriate congressional committees under subsection 

16 (d) and tasks to accomplish such objectives, includ17 ing— 

18 (A) a list prioritizing such objectives and 

19 such tasks; and 

20 (B) a schedule for meeting such objectives 

21 and carrying out such tasks; 

22 (4) assign roles and responsibilities to elements 

23 of the Intelligence Community to implement the strat24 egy; 

mstockstill on DSK4VPTVN1PROD with 

23 

•HR 2356 RH

1 (5) a schedule for assessment of the effectiveness 

2 and efficiency of the strategy, including metrics; and 

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

4 the efforts of the Intelligence Community and progress 

5 on understanding and countering biological threats. 

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

7 the enactment of this Act, the Director of National Intel8 ligence shall submit to the appropriate congressional com9 mittees the strategy and plan required under subsection (a). 

10 The report shall be in unclassified form but with a classified 

11 annex, as appropriate. 

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

13 shall update the implementation plan at least once every 

14 4 years. 

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

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

17 the same meaning that term has in the Homeland Security 

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

19 TITLE III—HOMELAND SECURITY 

20 MATTERS 

21 SEC. 301. WEAPONS OF MASS DESTRUCTION PREVENTION 

22 AND PREPAREDNESS. 

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

24 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

25 end the following new title: 

mstockstill on DSK4VPTVN1PROD with 

24 

•HR 2356 RH

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 Intelligence 

11 Strategy for Countering the Threat from Weapons of 

12 Mass Destruction under section 201 of the WMD Pre13 vention and Preparedness Act of 2012 and the Na14 tional Intelligence Strategy for Countering Biological 

15 Threats under section 202 of that Act; 

16 ‘‘(2) support homeland security-focused intel17 ligence analysis of terrorist actors, their claims, and 

18 their plans to conduct attacks involving chemical, bio19 logical, radiological, and nuclear materials against 

20 the Nation; 

21 ‘‘(3) support homeland security-focused intel22 ligence analysis of global infectious disease, public 

23 health, food, agricultural, and veterinary issues; 

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

25 analysis and risk assessments of the homeland secumstockstill on DSK4VPTVN1PROD with 

25 

•HR 2356 RH

1 rity hazards described in paragraphs (2) and (3), by 

2 providing relevant quantitative and nonquantitative 

3 threat information; 

4 ‘‘(5) leverage existing and emerging homeland se5 curity capabilities and structures, including fusion 

6 centers established pursuant to section 210A, to en7 hance prevention, protection, response, and recovery 

8 efforts with respect to a chemical, biological, radio9 logical, or nuclear attack; 

10 ‘‘(6) share information and provide tailored ana11 lytical support on these threats to State, local, and 

12 tribal authorities as well as other national biosecurity 

13 and biodefense stakeholders; and 

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

15 by the Secretary. 

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

17 Intelligence and Analysis shall coordinate with other rel18 evant Department components, others in the Intelligence 

19 Community, including the National Counter Proliferation 

20 Center, and other Federal, State, local, and tribal authori21 ties, including officials from high-threat areas, and enable 

22 such entities to provide recommendations on optimal infor23 mation sharing mechanisms, including expeditious sharing 

24 of classified information, and on how they can provide in25 formation to the Department. 

mstockstill on DSK4VPTVN1PROD with 

26 

•HR 2356 RH

1 ‘‘(c) REPORT.— 

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

3 the date of the enactment of this section and annually 

4 thereafter, the Secretary shall report to the appro5 priate congressional committees on— 

6 ‘‘(A) the intelligence and information shar7 ing activities under subsection (a) and of all rel8 evant entities within the Department to counter 

9 the threat from weapons of mass destruction; and 

10 ‘‘(B) the Department’s activities in accord11 ance with relevant intelligence strategies, includ12 ing the National Intelligence Strategy for Coun13 tering the Threat from Weapons of Mass Destruc14 tion and the National Intelligence Strategy for 

15 Countering Biological Threats. 

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

17 report shall include— 

18 ‘‘(A) a description of methods established to 

19 assess progress of the Office of Intelligence and 

20 Analysis in implementing this section; and 

21 ‘‘(B) such assessment. 

22 ‘‘SEC. 2102. RISK ASSESSMENTS. 

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

24 Under Secretary for Science and Technology, shall, in comstockstill on DSK4VPTVN1PROD with 

27 

•HR 2356 RH

1 ordination with relevant Department components and other 

2 appropriate Federal departments and agencies— 

3 ‘‘(1) produce and update periodically a ter4 rorism risk assessment of chemical, biological, radio5 logical, and nuclear threats; and 

6 ‘‘(2) produce and update periodically an inte7 grated terrorism risk assessment that assesses all of 

8 those threats and compares them against one another 

9 according to their relative risk. 

10 ‘‘(b) METHODOLOGY.— 

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

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

13 relevant subject matter experts to assess the pro14 posed methodology to be used for assessments re15 quired under subsection (a), and to provide rec16 ommendations to the Secretary as to the ade17 quacy of such methodology; 

18 ‘‘(B) conduct sensitivity analysis on each 

19 assessment to identify and prioritize research ac20 tivities to close knowledge gaps; and 

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

22 intelligent adversary. 

23 ‘‘(2) INCLUSION IN ASSESSMENT.—Each assess24 ment under subsection (a) shall include a description 

25 of the methodology used for the assessment. 

mstockstill on DSK4VPTVN1PROD with 

28 

•HR 2356 RH

1 ‘‘(c) USAGE.—The assessments required under sub2 section (a) shall be used to inform and guide risk manage3 ment decisions, including— 

4 ‘‘(1) the threat assessments and determinations 

5 by the Secretary regarding agents and toxins pursu6 ant to section 319F–2 of the Public Health Service 

7 Act; 

8 ‘‘(2) allocation of resources for research and de9 velopment for chemical, biological, radiological, and 

10 nuclear attack prevention, protection, response, and 

11 recovery; 

12 ‘‘(3) prioritization of medical countermeasure re13 search, development, acquisition, and distribution ac14 tivities and other national strategic biodefense re15 search; 

16 ‘‘(4) tailored risk assessments and risk mitiga17 tion studies, as appropriate, on topics such as radio18 logical materials security or the economic risks of a 

19 biological attack; and 

20 ‘‘(5) other homeland security activities as deter21 mined appropriate by the Secretary and the heads of 

22 other agencies. 

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

24 each assessment required under subsection (a)— 

mstockstill on DSK4VPTVN1PROD with 

29 

•HR 2356 RH

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

2 biodefense stakeholders, and other Federal, State, 

3 local, and tribal officials involved in efforts to pre4 vent, protect, respond to, and recover from chemical, 

5 biological, radiological, and nuclear threats; 

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

7 to guide the interagency development of the assess8 ments, including for input, review, and implementa9 tion purposes, among relevant Federal partners; 

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

11 State, local and tribal officials with appropriate secu12 rity clearances and a need for the information in the 

13 classified version; and 

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

15 available an unclassified version for Federal, State, 

16 local, and tribal officials involved in prevention and 

17 preparedness for chemical, biological, radiological, 

18 and nuclear events. 

19 ‘‘(e) WRITTEN PROCEDURES.—The Secretary shall es20 tablish written procedures for appropriate usage of the as21 sessments required under subsection (a), including— 

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

23 activities for which the assessments should be consid24 ered; 

mstockstill on DSK4VPTVN1PROD with 

30 

•HR 2356 RH

1 ‘‘(2) the extent to which the findings of the as2 sessments should play a role in such activities; 

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

4 assessments should be considered; and 

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

6 Department to aid in interpretation of the results of 

7 the assessments. 

8 ‘‘SEC. 2103. NATIONAL EXPORT ENFORCEMENT COORDINA9 TION. 

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

11 the Department the Export Enforcement Coordination Cen12 ter, with capability for national export enforcement coordi13 nation that is managed by the Secretary and coordinates 

14 the export enforcement activities among the Department, 

15 the Department of Agriculture, the Department of Com16 merce, the Department of Defense, the Department of En17 ergy, the Department of Justice, the Department of State, 

18 the Department of the Treasury, the Intelligence Commu19 nity, and other Federal agencies as appropriate. 

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

21 ‘‘(1) enhance Federal coordination for law en22 forcement counterproliferation investigations, includ23 ing coordination and deconfliction with intelligence 

24 counterproliferation activities; 

mstockstill on DSK4VPTVN1PROD with 

31 

•HR 2356 RH

1 ‘‘(2) address licensing inquiries, reviews, re2 quests, checks, and verifications; and 

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

4 the export trade community. 

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

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

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

8 Weapons of Mass Destruction Proliferation and Ter9 rorism recommended that ‘the Federal Government 

10 should practice greater openness of public information 

11 so that citizens better understand the threat and the 

12 risk this threat poses to them’. 

13 ‘‘(2) There are unique challenges for community 

14 preparedness for attacks from weapons of mass de15 struction. 

16 ‘‘(b) COMMUNICATIONS PLAN.— 

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

18 Federal Emergency Management Agency shall develop 

19 a communications plan designed to provide informa20 tion to the public related to preventing, preparing for, 

21 responding to, and recovering from chemical, biologi22 cal, radiological, and nuclear attacks; 

23 ‘‘(2) CONSULTATION.—As appropriate, the Ad24 ministrator of the Federal Emergency Management 

25 Agency shall consult with State, local, and tribal aumstockstill on DSK4VPTVN1PROD with 

32 

•HR 2356 RH

1 thorities and coordinate with other Federal depart2 ments and agencies in developing the communications 

3 plans under paragraph (1). 

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

5 TEMPLATES.— 

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

7 the Federal Emergency Management Agency 

8 shall develop and disseminate, through an alerts 

9 and warnings system, pre-scripted messages and 

10 message templates for State, local, and tribal au11 thorities so that those authorities can quickly 

12 and rapidly disseminate critical information to 

13 the public in anticipation of, during, or in the 

14 immediate aftermath of a chemical, biological, 

15 radiological, and nuclear attack, and to be in16 cluded in the Department of Homeland Secu17 rity’s lessons learned information sharing sys18 tem. 

19 ‘‘(B) DEVELOPMENT AND DESIGN.—The 

20 pre-scripted messages or message templates 

21 shall— 

22 ‘‘(i) be developed in consultation with 

23 State, local, and tribal authorities and in 

24 coordination with other appropriate Federal 

25 departments and agencies; 

mstockstill on DSK4VPTVN1PROD with 

33 

•HR 2356 RH

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

2 essential, and appropriate information and 

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

6 place, hospital surge operations, health, and 

7 safety; 

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

9 essential, and appropriate information and 

10 instructions to children and other special 

11 needs populations within the population di12 rectly affected by an incident; 

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

14 essential, and appropriate information and 

15 instructions to emergency response pro16 viders and medical personnel responding to 

17 an incident; and 

18 ‘‘(v) include direction for the coordina19 tion of Federal, State, local, and tribal com20 munications teams. 

21 ‘‘(C) COMMUNICATIONS FORMATS.—The Ad22 ministrator shall develop pre-scripted messages 

23 or message templates under this paragraph in 

24 multiple formats to ensure delivery— 

mstockstill on DSK4VPTVN1PROD with 

34 

•HR 2356 RH

1 ‘‘(i) in cases where the usual commu2 nications infrastructure is unusable; 

3 ‘‘(ii) to individuals with disabilities or 

4 other special needs and individuals with 

5 limited English proficiency; and 

6 ‘‘(iii) to educational and childcare fa7 cilities, including daycare centers, grade 

8 schools, universities, hospitals, and elderly 

9 care facilities. 

10 ‘‘(D) DISSEMINATION AND TECHNICAL AS11 SISTANCE.—The Administrator shall ensure that 

12 all pre-scripted messages and message templates 

13 developed under this paragraph are made avail14 able to State, local, and tribal authorities so that 

15 those authorities may incorporate them, as ap16 propriate, into their emergency plans. The Ad17 ministrator shall also make available relevant 

18 technical assistance to those authorities to sup19 port communications planning. 

20 ‘‘(E) EXERCISES.—To ensure that the pre21 scripted messages or message templates developed 

22 under this paragraph can be effectively utilized 

23 in a disaster or incident, the Administrator shall 

24 incorporate Federal, State, local, and tribal com25 munications teams that deliver such pre-scripted 

mstockstill on DSK4VPTVN1PROD with 

35 

•HR 2356 RH

1 messages or message templates into exercises, in2 cluding those conducted under the National Ex3 ercise Program. 

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

5 date of the enactment of this subsection, the Adminis6 trator of the Federal Emergency Management Agency 

7 shall submit to the appropriate congressional commit8 tees the communications plans required to be devel9 oped under this subsection, including pre-scripted 

10 messages or message templates developed in conjunc11 tion with the plans and a description of the means 

12 that will be used to deliver these messages during such 

13 incidents. 

14 ‘‘(c) TERRORISM THREAT AWARENESS.— 

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

16 Secretary, in coordination with the Attorney General 

17 and heads of appropriate Federal agencies, shall for 

18 purposes of preparedness and collective response to 

19 terrorism and for other purposes— 

20 ‘‘(A) ensure that homeland security infor21 mation concerning terrorist threats is provided 

22 to State, local, and tribal authorities and the 

23 public within the United States, as appropriate; 

24 and 

mstockstill on DSK4VPTVN1PROD with 

36 

•HR 2356 RH

1 ‘‘(B) establish a process to optimize oppor2 tunities for qualified heads of State, local, and 

3 tribal government entities to obtain appropriate 

4 security clearances so that they may receive clas5 sified threat information when appropriate. 

6 ‘‘(2) THREAT BULLETINS.— 

7 ‘‘(A) IN GENERAL.—Consistent with the re8 quirements of paragraph (1), the Secretary shall, 

9 on a timely basis, prepare unclassified threat 

10 bulletins on chemical, biological, radiological, 

11 and nuclear threats. 

12 ‘‘(B) REQUIREMENTS.—Each assessment re13 quired under subparagraph (A) shall— 

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

15 preventing and responding to acts of ter16 rorism arising from such threats; and 

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

18 Web site of the Department and other pub19 licly accessible Internet Web sites, commu20 nication systems, and information net21 works. 

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

23 AUTHORITIES.—The Secretary, using information 

24 provided by the terrorism risk assessments under sec25 tion 2102 and material threat assessments and determstockstill on DSK4VPTVN1PROD with 

37 

•HR 2356 RH

1 minations under the Project BioShield Act of 2004 

2 (Public Law 108–276) and the amendments made by 

3 that Act— 

4 ‘‘(A) shall provide to State, local, and tribal 

5 authorities written guidance on communicating 

6 terrorism-related threats and risks to the public 

7 within their jurisdictions; and 

8 ‘‘(B) shall identify and articulate the gov9 ernmental rationale for identifying particular 

10 communities as being at heightened risk of ex11 ploitation. 

12 ‘‘(4) USE OF EXISTING RESOURCES.—The Sec13 retary shall use Internet Web sites, communication 

14 systems, and information networks in operation on 

15 the date of an assessment under this subsection, and 

16 shall coordinate with other heads of Federal depart17 ments and agencies to provide information through 

18 existing channels to satisfy the requirements of para19 graph (2)(B)(ii). The Secretary shall provide guid20 ance on how State, local, tribal, and private entities 

21 can partner with public television stations to dissemi22 nate information provided by the Department and 

23 shall provide information on best practices on dis24 seminating information to residents of local commu25 nities, including leveraging public television stations. 

mstockstill on DSK4VPTVN1PROD with 

38 

•HR 2356 RH

1 ‘‘SEC. 2105. INDIVIDUAL AND COMMUNITY PREPAREDNESS 

2 FOR CHEMICAL, BIOLOGICAL, RADIOLOGICAL, 

3 AND NUCLEAR ATTACKS. 

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

5 Administrator for the Federal Emergency Management 

6 Agency, shall assist State, local, and tribal authorities in 

7 improving and promoting individual and community pre8 paredness and collective response to terrorist attacks involv9 ing chemical, biological, radiological, and nuclear materials 

10 against the United States by— 

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

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

15 and individuals; 

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

17 checklists as appropriate; 

18 ‘‘(3) disseminating to communities and individ19 uals the guidance developed under section 2131, as 

20 appropriate; 

21 ‘‘(4) providing information and training mate22 rials in support of individual and community pre23 paredness efforts; 

24 ‘‘(5) conducting individual and community pre25 paredness outreach efforts; and 

mstockstill on DSK4VPTVN1PROD with 

39 

•HR 2356 RH

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

3 ‘‘(b) COORDINATION.—The Secretary shall coordinate 

4 with Federal departments and agencies and with private 

5 sector and nongovernmental organizations to promote indi6 vidual and community preparedness and collective response 

7 to terrorist attacks involving chemical, biological, radio8 logical, and nuclear materials against the United States. 

9 ‘‘(c) BEST PRACTICES.—In compiling guidance for in10 dividual and community preparedness in order to carry out 

11 subsection (a)(4), the Secretary shall give due regard to best 

12 practices based on the experience of other agencies and 

13 countries and the expertise of academic institutions and 

14 nongovernmental organizations. 

15 ‘‘Subtitle B—Protection 

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

17 ‘‘(a) PROGRAM.—The Secretary shall carry out a pro18 gram to detect a biological attack or event that poses a high 

19 risk to homeland security. Through such program, the Sec20 retary shall— 

21 ‘‘(1) deploy detection capabilities to areas, based 

22 on high risks identified by Department assessments, 

23 to indicate the presence of biological agents; 

24 ‘‘(2) consider multiple deployment strategies in25 cluding surge capability; 

mstockstill on DSK4VPTVN1PROD with 

40 

•HR 2356 RH

1 ‘‘(3) provide information to participating lab2 oratories and programs for their use in monitoring 

3 public health, and biological material or other data 

4 from those detectors to participating laboratories and 

5 programs for testing and evaluation; 

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

7 information about the presence of biological agents to, 

8 appropriate Federal, State, and local agencies respon9 sible for public health, law enforcement, and emer10 gency services, in a manner that ensures trans11 parency with the governments served by such per12 sonnel; 

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

14 operations (including alarm resolution protocols and 

15 response guidance), standard operating procedures, 

16 and training exercises (including in collaboration 

17 with relevant national level exercises) for collective re18 sponse to and recovery 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 program 

23 required under subsection (a), the Secretary shall— 

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

25 interagency agreements under the Economy Act of 

mstockstill on DSK4VPTVN1PROD with 

41 

•HR 2356 RH

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

2 Centers of Disease Control and Prevention and the 

3 Administrator of the Environmental Protection Agen4 cy, and the heads of other Federal departments and 

5 agencies, setting forth roles and responsibilities, in6 cluding 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, and 

13 make such determinations on an annual basis; 

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

15 Science and Technology, and in consultation with the 

16 Director of the Centers for Disease Control and Pre17 vention, implement a process for establishing assay 

18 performance standards and evaluation for equiva19 lency for biological threat assays, that— 

20 ‘‘(A) evaluates biological threat detection as21 says, their protocols for use, and their associated 

22 response algorithms for confirmation of biologi23 cal threat agents, taking performance measures 

24 and concepts of operation into consideration; 

mstockstill on DSK4VPTVN1PROD with 

42 

•HR 2356 RH

1 ‘‘(B) develops interagency peer-reviewed 

2 assay performance and equivalency standards 

3 based on the findings of the evaluation under 

4 subparagraph (A); 

5 ‘‘(C) requires implementation of the stand6 ards developed under subparagraph (B) for all 

7 Department biological detection programs; 

8 ‘‘(D) promotes use of such standards among 

9 all other Federal biological detection programs 

10 and makes them available to the private sector 

11 and other end-users as appropriate; and 

12 ‘‘(E) is updated as necessary; 

13 ‘‘(4) prior to obligating funds to acquire bio14 detection systems for purposes of operational testing 

15 and evaluation, require— 

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

17 specificity of the currently deployed biodetection 

18 system; 

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

20 specificity of the next generation biodetection 

21 system or systems under consideration for acqui22 sition and whether it meets established oper23 ational requirements; 

mstockstill on DSK4VPTVN1PROD with 

43 

•HR 2356 RH

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

2 Science and Technology Directorate to enable the 

3 Under Secretary to— 

4 ‘‘(i) conduct a trade-off study com5 paring the results of subparagraphs (A) and 

6 (B); and 

7 ‘‘(ii) perform a technical readiness as8 sessment in accordance with section 308(b); 

9 and 

10 ‘‘(D) that the findings under subparagraph 

11 (C) inform the cost-benefit analysis under para12 graph (5)(A) and any Departmental acquisition 

13 review board decision regarding the biodetection 

14 system or systems under consideration; and 

15 ‘‘(5) prior to acquiring and deploying biodetec16 tion technology, require— 

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

18 analysis of alternatives, that shall be informed 

19 by the terrorism risk assessments under section 

20 2102; 

21 ‘‘(B) operational testing and evaluation; 

22 ‘‘(C) operational assessment by the end 

23 users of the technology; and 

24 ‘‘(D) the Department, other relevant execu25 tive agencies, and local jurisdictions intended to 

mstockstill on DSK4VPTVN1PROD with 

44 

•HR 2356 RH

1 host the systems to agree on concepts of oper2 ations for resolving alarms. 

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

4 enter into contracts with participating laboratories and 

5 programs for— 

6 ‘‘(1) the provision of laboratory services or other 

7 biosurveillance activities as appropriate for purposes 

8 of this section on a fee-for-service basis or on a pre9 payment or other similar basis; and 

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

11 hosting program personnel and equipment in these 

12 laboratories or programs. 

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

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

15 a laboratory that has been accepted as a member of 

16 the Laboratory Response Network for Biological Ter17 rorism that— 

18 ‘‘(A) is fully equipped to detect and respond 

19 quickly to acts of biological terrorism; 

20 ‘‘(B) provides biocontainment and micro21 biological analysis in support of the Department 

22 and relevant law enforcement agencies with re23 sponsibilities for investigating biological inci24 dents; and 

mstockstill on DSK4VPTVN1PROD with 

45 

•HR 2356 RH

1 ‘‘(C) supports assay evaluation, research 

2 and development. 

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

4 that is designed to detect the presence of a biological 

5 threat agent that is of a type selected under criteria 

6 established by the Secretary. 

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

8 IDENTIFICATION AT PORTS OF ENTRY. 

9 ‘‘(a) IN GENERAL.—The Secretary of Homeland Secu10 rity shall require the Under Secretary for Science and Tech11 nology, in consultation with the heads of other relevant 

12 operational components of the Department of Homeland Se13 curity, to assess whether the development of technological 

14 screening capabilities for biological agents, pandemic influ15 enza, and other infectious diseases should be undertaken by 

16 the Directorate of Science and Technology to support entry 

17 and exit screening at ports of entry and for other homeland 

18 security purposes. 

19 ‘‘(b) DEVELOPMENT OF METHODS.—If the Under Sec20 retary determines that the development of such screening 

21 capabilities should be undertaken, the Secretary shall, to the 

22 extent possible, initiate development of safe and effective 

23 methods to— 

mstockstill on DSK4VPTVN1PROD with 

46 

•HR 2356 RH

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

2 entry for biological agents, pandemic influenza, and 

3 other infectious diseases; and 

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

5 point of entry. 

6 ‘‘SEC. 2123. EVALUATING DETECTION TECHNOLOGY. 

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

8 Secretary, in coordination with the Director of the National 

9 Institute of Standards and Technology, may carry out a 

10 program to— 

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

12 metrics to support public safety actionable activities, 

13 based to the greatest extent practicable on voluntary 

14 consensus standards, to evaluate the effectiveness of 

15 detection technology for high-priority biological agents 

16 and toxins and high-priority chemical agents; 

17 ‘‘(2) establish a process for voluntary testing and 

18 evaluation of technology by an accredited laboratory 

19 to demonstrate conformance to such consensus stand20 ards, or performance metrics if standards do not 

21 exist, for the effective detection of high-priority bio22 logical agents and toxins and high-priority chemical 

23 agents, including incentivization for the program 

24 through potential cost sharing with technology manumstockstill on DSK4VPTVN1PROD with 

47 

•HR 2356 RH

1 facturers and for SAFETY Act certification or place2 ment on the authorized equipment list, or both; and 

3 ‘‘(3) with permission from the detection tech4 nology manufacturer, make available to Federal de5 partments and agencies, State, territorial, local, and 

6 tribal entities, and the private sector the results of de7 tection system testing and evaluation under para8 graph (2). 

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

10 NUCLEAR DETECTION ARCHITECTURE. 

11 ‘‘(a) SECURING THE CITIES.—The Director of the Do12 mestic Nuclear Detection Office shall establish and main13 tain a multilayered system of detection technologies, pro14 grams, and guidelines designed to enhance the Nation’s 

15 ability to detect and prevent a radiological or nuclear at16 tack in high-risk United States cities, as determined by the 

17 Secretary. 

18 ‘‘(b) SURGE CAPABILITIES.—The Director shall de19 velop a surge capability for radiological and nuclear detec20 tion systems that can be deployed within the United States 

21 rapidly in response to actionable intelligence or warnings, 

22 and includes procurement of appropriate technology, train23 ing, and exercises. 

24 ‘‘(c) INTEGRATION.—The programs under subsections 

25 (a) and (b) shall be integrated into the Global Nuclear Demstockstill on DSK4VPTVN1PROD with 

48 

•HR 2356 RH

1 tection Architecture and shall inform architecture studies, 

2 technology gaps, and research activities of the Domestic Nu3 clear Detection Office. 

4 ‘‘Subtitle C—Response 

5 ‘‘SEC. 2131. FIRST RESPONDER GUIDANCE CONCERNING 

6 CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND 

7 NUCLEAR ATTACKS. 

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

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

10 this section, the Secretary, in coordination with the Sec11 retary of Health and Human Services, the Secretary of Ag12 riculture, the Administrator of the Environmental Protec13 tion Agency, the Attorney General, and the heads of other 

14 Federal departments and agencies, as appropriate, shall— 

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

16 services, emergency management, and medical and 

17 public health personnel, voluntary guidance for re18 sponding to a release of chemical, biological, radio19 logical, and nuclear material; 

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

21 local, and tribal authorities, including primary and 

22 secondary schools and other educational institutions, 

23 nongovernmental organizations, the private sector, 

24 and the public; and 

mstockstill on DSK4VPTVN1PROD with 

49 

•HR 2356 RH

1 ‘‘(3) in developing the guidance under paragraph 

2 (1)— 

3 ‘‘(A) review the experiences of other coun4 tries and the expertise of academic institutions 

5 and nongovernmental organizations; and 

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

7 and other vulnerable populations. 

8 ‘‘(b) CONTENTS.—The guidance developed under sub9 section (a)(1) shall be voluntary, risk-based guidance that 

10 shall include— 

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

12 security, health, and safety of emergency response 

13 providers and their families and household contacts; 

14 ‘‘(2) specific information regarding the effects of 

15 the chemical, biological, radiological, or nuclear mate16 rial on those exposed to the agent; and 

17 ‘‘(3) best practices for emergency response pro18 viders to effectively diagnose, handle, and otherwise 

19 manage individuals affected by an incident involving 

20 chemical, biological, radiological, or nuclear material. 

21 ‘‘(c) REVIEW AND REVISION OF GUIDANCE.—The Sec22 retary shall— 

23 ‘‘(1) review the guidance developed under sub24 section (a)(1) at least once every 2 years; 

mstockstill on DSK4VPTVN1PROD with 

50 

•HR 2356 RH

1 ‘‘(2) make revisions to the guidance as appro2 priate; and 

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

4 State, local, and tribal authorities, nongovernmental 

5 organizations, the private sector, and the public. 

6 ‘‘(d) PROCEDURES FOR DEVELOPING AND REVISING

7 GUIDANCE.—In carrying out the requirements of this sec8 tion, the Secretary shall establish procedures to— 

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

10 first provider community to submit recommendations 

11 of areas in which guidance is needed and could be de12 veloped under subsection (a)(1); 

13 ‘‘(2) determine which entities should be consulted 

14 in developing or revising the guidance; 

15 ‘‘(3) prioritize, on a regular basis, guidance that 

16 should be developed or revised; and 

17 ‘‘(4) develop and disseminate the guidance in ac18 cordance with the prioritization under paragraph (3). 

19 ‘‘SEC. 2132. INTEGRATED PLUME MODELING FOR COLLEC20 TIVE RESPONSE. 

21 ‘‘(a) DEVELOPMENT.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall acquire, 

23 use, and disseminate the best available integrated 

24 plume models to enable rapid response activities folmstockstill on DSK4VPTVN1PROD with 

51 

•HR 2356 RH

1 lowing a chemical, biological, nuclear, or radiological 

2 attack or event. 

3 ‘‘(2) SCOPE.—The Secretary shall— 

4 ‘‘(A) identify Federal, State, and local needs 

5 regarding plume models and ensure the rapid de6 velopment and distribution of integrated plume 

7 models that meet those needs to appropriate offi8 cials of the Federal Government and State, local, 

9 and tribal authorities to enable immediate re10 sponse to a chemical, biological, radiological, or 

11 nuclear attack or event; 

12 ‘‘(B) establish mechanisms for dissemina13 tion by appropriate emergency response officials 

14 of the integrated plume models described in 

15 paragraph (1) to nongovernmental organizations 

16 and the public to enable appropriate collective 

17 response activities; 

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

19 how to appropriately use such models are pro20 vided; and 

21 ‘‘(D) ensure that lessons learned from as22 sessing the development and dissemination of in23 tegrated plume models during exercises adminis24 tered by the Department are put into the lessons 

mstockstill on DSK4VPTVN1PROD with 

52 

•HR 2356 RH

1 learned information sharing system maintained 

2 by the Department. 

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

4 ‘‘(1) The term ‘plume model’ means the assess5 ment of the location and prediction of the spread of 

6 agents following a chemical, biological, radiological, 

7 or nuclear attack or event. 

8 ‘‘(2) The term ‘integrated plume model’ means a 

9 plume model that integrates protective action guid10 ance and other information as the Secretary deter11 mines appropriate. 

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

13 AND VALIDATION FOR EMERGENCY RE14 SPONDERS (SAVER) PROGRAM. 

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

16 assessment and validation of emergency response equipment 

17 at the Department, to be known as the ‘SAVER Program’. 

18 The Secretary shall ensure that such program— 

19 ‘‘(1) conducts objective, impartial, practitioner20 relevant, and operationally oriented assessments and 

21 validations of commercial emergency responder equip22 ment and systems, including hand-held detectors for 

23 chemical, biological, radiological, and nuclear agents; 

mstockstill on DSK4VPTVN1PROD with 

53 

•HR 2356 RH

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

2 technical results obtained from the program estab3 lished under section 2123, if available; 

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

5 in coordination with subject matter experts, perform 

6 the assessment and validation activities using strict 

7 scientific and testing protocols; 

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

9 equipment information to the emergency response 

10 provider community in an operationally useful form; 

11 ‘‘(5) provides information on equipment that 

12 falls within the categories listed in the Department’s 

13 authorized equipment list; 

14 ‘‘(6) provides information that enables decision15 makers and responders to better select, procure, use, 

16 and maintain emergency responder equipment; and 

17 ‘‘(7) shares such information nationally with the 

18 emergency response provider community. 

19 ‘‘SEC. 2134. PAYMENT FOR LABORATORY RESPONSE SERV20 ICES. 

21 ‘‘In carrying out their functions, responsibilities, au22 thorities, and duties to counter biological terrorism, the Sec23 retary, the Attorney General, and the heads of other partici24 pating Federal agencies are authorized, subject to the avail25 ability of appropriations, to enter into contracts with labmstockstill on DSK4VPTVN1PROD with 

54 

•HR 2356 RH

1 oratories that comprise the Laboratory Response Network 

2 for Biological Terrorism and other federally networked lab3 oratories that agree to participate in such a contract, for 

4 the provision of laboratory testing services on a fee-for-serv5 ice basis or on a prepayment or other similar basis. Prior 

6 to entering into such a contract with any laboratory in the 

7 Laboratory Response Network for Biological Terrorism, the 

8 Secretary, the Attorney General, or the head of any other 

9 participating Federal agency shall inform the Centers for 

10 Disease Control and Prevention. 

11 ‘‘SEC. 2135. BIOFORENSICS CAPABILITIES. 

12 ‘‘(a) BIOFORENSICS ANALYSIS CENTER.—There is au13 thorized in the Department a bioforensics analysis center 

14 to provide support for law enforcement and intelligence-re15 lated investigations and actions to— 

16 ‘‘(1) provide definitive bioforensics analysis in 

17 support of the executive agencies with primary re18 sponsibilities for preventing, deterring, responding to, 

19 attributing, and recovering from biological attacks; 

20 and 

21 ‘‘(2) undertake other related bioforensics activi22 ties. 

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

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

25 provided to an executive agency that requested such service. 

mstockstill on DSK4VPTVN1PROD with 

55 

•HR 2356 RH

1 ‘‘(c) DETAILEE PROGRAM.—Subject to the availability 

2 of appropriations, the Secretary may implement a program 

3 under which executive agencies as considered appropriate 

4 by the Secretary provide personnel, on a reimbursable basis, 

5 to the center for the purpose of— 

6 ‘‘(1) providing training and other educational 

7 benefits for such stakeholders to help them to better 

8 understand the policies, procedures, and laws gov9 erning national bioforensics activities; and 

10 ‘‘(2) bolstering the capabilities and information 

11 sharing activities of the bioforensics analysis center 

12 authorized under subsection (a) with national bio13 security and biodefense stakeholders. 

14 ‘‘SEC. 2136. METROPOLITAN MEDICAL RESPONSE SYSTEM 

15 PROGRAM. 

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

17 Metropolitan Medical Response System Program, that shall 

18 assist State and local governments in preparing for and 

19 responding to public health and mass casualty incidents re20 sulting from acts of terrorism, natural disasters, and other 

21 man-made disasters. 

22 ‘‘(b) FINANCIAL ASSISTANCE.— 

23 ‘‘(1) AUTHORIZATION OF GRANTS.— 

24 ‘‘(A) IN GENERAL.—The Secretary, through 

25 the Administrator of the Federal Emergency 

mstockstill on DSK4VPTVN1PROD with 

56 

•HR 2356 RH

1 Management Agency, may make grants under 

2 this section to State and local governments to as3 sist in preparing for and responding to mass 

4 casualty incidents resulting from acts of ter5 rorism, natural disasters, and other man-made 

6 disasters. 

7 ‘‘(B) CONSULTATION.—In developing guid8 ance for grants authorized under this section, the 

9 Administrator shall consult with the Chief Med10 ical Officer. 

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

12 section may be used to support the integration of 

13 emergency management, health, and medical systems 

14 into a coordinated response to mass casualty inci15 dents caused by any hazard, including— 

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

17 ‘‘(B) to strengthen mass prophylaxis capa18 bilities including development and maintenance 

19 of an initial pharmaceutical stockpile sufficient 

20 to protect first responders, their families, and 

21 immediate victims from a chemical or biological 

22 event, including the procurement of home med23 ical kits that are approved pursuant to the Fed24 eral Food, Drug, and Cosmetic Act (21 U.S.C. 

mstockstill on DSK4VPTVN1PROD with 

57 

•HR 2356 RH

1 301 et seq.) or the Public Health Service Act (42 

2 U.S.C. 201 et seq.), as applicable; 

3 ‘‘(C) to strengthen chemical, biological, ra4 diological, nuclear, and explosive detection, re5 sponse, and decontamination capabilities; 

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

7 and pre-hospital treatment plans and capabili8 ties; 

9 ‘‘(E) for planning; 

10 ‘‘(F) to support efforts to strengthen infor11 mation sharing and collaboration capabilities of 

12 regional, State, and urban areas in support of 

13 public health and medical preparedness; 

14 ‘‘(G) for medical supplies management and 

15 distribution; 

16 ‘‘(H) for training and exercises; 

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

18 activities and capabilities of public health per19 sonnel and medical care providers with those of 

20 other emergency response providers as well as 

21 other Federal agencies, the private sector, and 

22 nonprofit organizations, for the forward move23 ment of patients; and 

24 ‘‘(J) for such other activities as the Admin25 istrator provides. 

mstockstill on DSK4VPTVN1PROD with 

58 

•HR 2356 RH

1 ‘‘(3) ELIGIBILITY.— 

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

3 subparagraph (C), any jurisdiction that received 

4 funds through the Metropolitan Medical Response 

5 System Program in fiscal year 2009 shall be eli6 gible to receive a grant under this section. 

7 ‘‘(B) ADDITIONAL JURISDICTIONS.— 

8 ‘‘(i) UNREPRESENTED STATES.— 

9 ‘‘(I) IN GENERAL.—Except as pro10 vided in subparagraph (C), the Admin11 istrator may make grants under this 

12 section to the metropolitan statistical 

13 area with the largest population in 

14 any State in which no jurisdiction re15 ceived funds through the Metropolitan 

16 Medical Response Program in fiscal 

17 year 2009, or in which funding was re18 ceived only through another State. 

19 ‘‘(II) LIMITATION.—For each of 

20 fiscal years 2012 through 2014, no ju21 risdiction that would otherwise be eli22 gible to receive grants under subclause 

23 (I) shall receive a grant under this sec24 tion if it would result in any jurisdic25 tion under subparagraph (A) receiving 

mstockstill on DSK4VPTVN1PROD with 

59 

•HR 2356 RH

1 less funding than such jurisdiction re2 ceived in fiscal year 2009. 

3 ‘‘(ii) OTHER JURISDICTIONS.— 

4 ‘‘(I) IN GENERAL.—Subject to 

5 subparagraph (C), the Administrator 

6 may determine that additional juris7 dictions are eligible to receive grants 

8 under this section. 

9 ‘‘(II) LIMITATION.—For each of 

10 fiscal years 2012 through 2014, the eli11 gibility of any additional jurisdiction 

12 to receive grants under this section is 

13 subject to the availability of appro14 priations beyond that necessary to— 

15 ‘‘(aa) ensure that each juris16 diction eligible to receive a grant 

17 under subparagraph (A) does not 

18 receive less funding than such ju19 risdiction received in fiscal year 

20 2009; and 

21 ‘‘(bb) provide grants to juris22 dictions eligible under clause (i). 

23 ‘‘(C) PERFORMANCE REQUIREMENT AFTER

24 FISCAL YEAR 2012.—A jurisdiction shall not be 

25 eligible for a grant under this subsection from 

mstockstill on DSK4VPTVN1PROD with 

60 

•HR 2356 RH

1 funds available after fiscal year 2012 unless the 

2 Secretary determines that the jurisdiction main3 tains a sufficient measured degree of capability 

4 in accordance with the performance measures 

5 issued under subsection (c). 

6 ‘‘(4) DISTRIBUTION OF FUNDS.— 

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

8 shall distribute grant funds under this section to 

9 the State in which the jurisdiction receiving a 

10 grant under this section is located. 

11 ‘‘(B) PASS THROUGH.—Subject to subpara12 graph (C), not later than 45 days after the date 

13 on which a State receives grant funds under sub14 paragraph (A), the State shall provide the juris15 diction receiving the grant 100 percent of the 

16 grant funds, and not later than 45 days after the 

17 State releases the funds, all fiscal agents shall 

18 make the grant funds available for expenditure. 

19 ‘‘(C) EXCEPTION.—The Administrator may 

20 permit a State to provide to a jurisdiction re21 ceiving a grant under this section 97 percent of 

22 the grant funds awarded if doing so would not 

23 result in any jurisdiction eligible for a grant 

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

mstockstill on DSK4VPTVN1PROD with 

61 

•HR 2356 RH

1 than such jurisdiction received in fiscal year 

2 2009. 

3 ‘‘(5) REGIONAL COORDINATION.—The Adminis4 trator shall ensure that each jurisdiction that receives 

5 a grant under this section, as a condition of receiving 

6 such grant, is actively coordinating its preparedness 

7 efforts with surrounding jurisdictions, with the offi8 cial with primary responsibility for homeland secu9 rity (other than the Governor) of the government of 

10 the State in which the jurisdiction is located, and 

11 with emergency response providers from all relevant 

12 disciplines, as determined by the Administrator, to ef13 fectively enhance regional preparedness. 

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

15 of the Federal Emergency Management Agency, in coordi16 nation with the Chief Medical Officer, and the National 

17 Metropolitan Medical Response System Working Group, 

18 shall issue performance measures within 1 year after the 

19 date of enactment of this section that enable objective eval20 uation of the performance and effective use of funds pro21 vided under this section in any jurisdiction. 

22 ‘‘(d) METROPOLITAN MEDICAL RESPONSE SYSTEM

23 WORKING GROUP DEFINED.—In this section, the term ‘Na24 tional Metropolitan Medical Response System Working 

25 Group’ means— 

mstockstill on DSK4VPTVN1PROD with 

62 

•HR 2356 RH

1 ‘‘(1) 10 Metropolitan Medical Response System 

2 Program grant managers, who shall— 

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

4 each region of the Agency; 

5 ‘‘(B) comprise a population-based cross sec6 tion of jurisdictions that are receiving grant 

7 funds under the Metropolitan Medical Response 

8 System Program; and 

9 ‘‘(C) include— 

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

11 the Federal Emergency Management Agen12 cy; and 

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

14 Officer; and 

15 ‘‘(2) 3 State officials who are responsible for ad16 ministration of State programs that are carried out 

17 with grants under this section, who shall be selected 

18 by the Administrator. 

19 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated $42,000,000 to carry out the 

21 program for each of fiscal years 2012 through 2016. 

22 ‘‘Subtitle D—Recovery 

23 ‘‘SEC. 2141. IDENTIFYING AND ADDRESSING GAPS IN RE24 COVERY CAPABILITIES. 

25 ‘‘(a) RISK ASSESSMENT.— 

mstockstill on DSK4VPTVN1PROD with 

63 

•HR 2356 RH

1 ‘‘(1) TAILORED RISK ASSESSMENT.—The Sec2 retary, acting through the Under Secretary for 

3 Science and Technology and in coordination with the 

4 Administrator of the Environmental Protection Agen5 cy, shall conduct tailored risk assessments to inform 

6 prioritization of national recovery activities for chem7 ical, biological, radiological, and nuclear incidents, to 

8 be updated as necessary. 

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

10 assessments under paragraph (1), the Secretary 

11 shall— 

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

13 and Human Services, the Secretary of Agri14 culture, the Secretary of the Interior, the Chair15 man of the Nuclear Regulatory Commission, and 

16 the heads of other relevant Federal departments 

17 and agencies; 

18 ‘‘(B) consider recovery of both indoor areas 

19 and outdoor environments; and 

20 ‘‘(C) consider relevant studies previously 

21 prepared by other Federal agencies, or other ap22 propriate stakeholders. 

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

24 risk assessments required by this section, the Sec25 retary shall provide the findings to the Administrator 

mstockstill on DSK4VPTVN1PROD with 

64 

•HR 2356 RH

1 of the Environmental Protection Agency and heads of 

2 other relevant Federal agencies in order to inform on3 going and future work, including research and guid4 ance development, undertaken by those agencies in re5 covery and remediation from chemical, biological, ra6 diological, or nuclear incidents. 

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

8 under this section shall inform appropriate Federal re9 search to address the high-risk capability gaps uncovered 

10 by each assessment. 

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

12 risk assessment shall be submitted to the appropriate con13 gressional committees within 30 days after completion of 

14 the assessment. 

15 ‘‘SEC. 2142. RECOVERY FROM A CHEMICAL, BIOLOGICAL, RA16 DIOLOGICAL, AND NUCLEAR ATTACK OR INCI17 DENT. 

18 ‘‘(a) ESTABLISHMENT OF GUIDANCE.—The Secretary 

19 shall develop and issue guidance for clean-up and restora20 tion of indoor and outdoor areas, including subways and 

21 other mass transportation facilities, that have been exposed 

22 to chemical, biological, radiological, or nuclear materials. 

23 The Secretary shall develop and issue the guidance, within 

24 24 months after the date of enactment of this section, in 

25 consultation with— 

mstockstill on DSK4VPTVN1PROD with 

65 

•HR 2356 RH

1 ‘‘(1) the Secretary of Agriculture; 

2 ‘‘(2) the Secretary of Commerce; 

3 ‘‘(3) the Secretary of Education; 

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

5 ‘‘(5) the Attorney General; 

6 ‘‘(6) the Secretary of Labor; 

7 ‘‘(7) the Secretary of Transportation; 

8 ‘‘(8) the Secretary of Housing and Urban Devel9 opment; 

10 ‘‘(9) the Secretary of Health and Human Serv11 ices; 

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

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

14 ‘‘(12) the Administrator of the Environmental 

15 Protection Agency; and 

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

17 Administration. 

18 ‘‘(b) CONTENTS.—The guidance developed under sub19 section (a) shall clarify Federal roles and responsibilities 

20 for assisting State, local, and tribal authorities and include 

21 risk-based recommendations for— 

22 ‘‘(1) standards for effective decontamination of 

23 affected sites; 

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

25 affected sites, including for vulnerable populations 

mstockstill on DSK4VPTVN1PROD with 

66 

•HR 2356 RH

1 such as children and individuals with health con2 cerns; 

3 ‘‘(3) requirements to ensure that the decon4 tamination procedures for responding organizations 

5 do not conflict; 

6 ‘‘(4) requirements that each responding organi7 zation uses a uniform system for tracking costs and 

8 performance of clean-up contractors; 

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

10 buildings; 

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

12 personal protective equipment; 

13 ‘‘(7) air sampling procedures; 

14 ‘‘(8) development of occupational health and 

15 safety plans that are appropriate for the specific risk 

16 to responder health; and 

17 ‘‘(9) waste disposal. 

18 ‘‘(c) REVIEW AND REVISION OF GUIDANCE.—The Sec19 retary shall— 

20 ‘‘(1) not less frequently than once every 2 years, 

21 review the guidance developed under subsection (a); 

22 ‘‘(2) make revisions to the guidance as appro23 priate; and 

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

25 Federal Government, State, local, and tribal authorimstockstill on DSK4VPTVN1PROD with 

67 

•HR 2356 RH

1 ties, nongovernmental organizations, the private sec2 tor, and the public. 

3 ‘‘(d) PROCEDURES FOR DEVELOPING AND REVISING

4 GUIDANCE.—In carrying out the requirements of this sec5 tion, the Secretary shall establish procedures to— 

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

7 results of the risk assessment under section 2131; 

8 ‘‘(2) inventory existing relevant guidance; 

9 ‘‘(3) enable the public to submit recommenda10 tions of areas in which guidance is needed; 

11 ‘‘(4) determine which entities should be consulted 

12 in developing or revising the guidance; 

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

14 should be developed or revised; and 

15 ‘‘(6) develop and disseminate the guidance in ac16 cordance with the prioritization under paragraph (5). 

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

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

19 the procedures required under subsection (d), in consulta20 tion with— 

21 ‘‘(1) the heads of other Federal departments and 

22 agencies that are not required to be consulted under 

23 subsection (a), as the Secretary considers appropriate; 

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

mstockstill on DSK4VPTVN1PROD with 

68 

•HR 2356 RH

1 ‘‘(3) nongovernmental organizations and private 

2 industry. 

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

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

5 Secretary shall provide appropriate congressional commit6 tees with— 

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

8 under subsection (d); 

9 ‘‘(2) any guidance in effect on the date of the re10 port; 

11 ‘‘(3) a list of entities to which the guidance de12 scribed in paragraph (2) was disseminated; 

13 ‘‘(4) a plan for reviewing the guidance described 

14 in paragraph (2), in accordance with subsection (e); 

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

16 under subsection (d)(4), and the methodology used by 

17 the Secretary for such prioritization; and 

18 ‘‘(6) a plan for developing, revising, and dis19 seminating the guidance. 

20 ‘‘SEC. 2143. EXERCISES. 

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

22 chemical, biological, radiological, or nuclear attack or other 

23 incident involving chemical, biological, radiological, or nu24 clear materials and to foster collective response to terrorism, 

25 the Secretary shall develop exercises in consultation with 

mstockstill on DSK4VPTVN1PROD with 

69 

•HR 2356 RH

1 State, local, and tribal authorities and other appropriate 

2 Federal agencies, and, as appropriate, in collaboration with 

3 national level exercises, including exercises that address, to 

4 the best knowledge available at the time, analysis, indoor 

5 environmental cleanup methods, and decontamination 

6 standards, including those published in the guidance issued 

7 under section 2142. 

8 ‘‘(b) LESSONS LEARNED FOR NATIONAL LEVEL EXER9 CISES.—The Secretary shall provide electronically, to the 

10 maximum extent practicable, lessons learned reports to each 

11 designated representative of State, local, and tribal jurisdic12 tions and private sector entities that participate in Na13 tional Level Exercises of the Department. Each lessons 

14 learned report shall be tailored to convey information on 

15 that exercise that could be leveraged to enhance prepared16 ness and response.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents in 

18 section 1(b) of such Act is amended by adding at the end 

19 the following new items: 

‘‘TITLE XXI—WEAPONS OF MASS DESTRUCTION PREVENTION AND 

PREPAREDNESS 

‘‘Subtitle A—Prevention 

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

‘‘Sec. 2102. Risk assessments. 

‘‘Sec. 2103. National Export Enforcement Coordination. 

‘‘Sec. 2104. Communication of threat information. 

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

‘‘Subtitle B—Protection 

‘‘Sec. 2121. Detection of biological attacks. 

mstockstill on DSK4VPTVN1PROD with 

70 

•HR 2356 RH

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

‘‘Sec. 2123. Evaluating detection technology. 

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

‘‘Subtitle C—Response 

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

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

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

responders (SAVER) program. 

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

‘‘Sec. 2135. Bioforensics capabilities. 

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

‘‘Subtitle D—Recovery 

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

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

or incident. 

‘‘Sec. 2143. Exercises.’’. 

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

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

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

4 are repealed. 

5 (d) METROPOLITAN MEDICAL RESPONSE PROGRAM

6 REVIEW.— 

7 (1) IN GENERAL.—The Administrator of the Fed8 eral Emergency Management Agency, the Chief Med9 ical Officer of the Department of Homeland Security, 

10 and the National Metropolitan Medical Response Sys11 tem Working Group shall conduct a review of the 

12 Metropolitan Medical Response System Program au13 thorized under section 2136 of the Homeland Security 

14 Act of 2002, as added by this section, including an 

15 examination of— 

mstockstill on DSK4VPTVN1PROD with 

71 

•HR 2356 RH

1 (A) the extent to which the program goals 

2 and objectives are being met; 

3 (B) the performance metrics that can best 

4 help assess whether the Metropolitan Medical Re5 sponse System Program is succeeding; 

6 (C) how the Metropolitan Medical Response 

7 System Program can be improved; 

8 (D) how the Metropolitan Medical Response 

9 System Program complements and enhances 

10 other preparedness programs supported by the 

11 Department of Homeland Security and the De12 partment of Health and Human Services; 

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

14 objectives, and capabilities of the Metropolitan 

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

17 plans; 

18 (F) how eligibility for financial assistance, 

19 and the allocation of financial assistance, under 

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

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

mstockstill on DSK4VPTVN1PROD with 

72 

•HR 2356 RH

1 (H) the resource requirements of the Metro2 politan Medical Response System Program. 

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

4 date of enactment of this Act, the Administrator and 

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

9 on the results of the review under this section. 

10 (3) CONSULTATION.—The Administrator of the 

11 Federal Emergency Management Agency shall consult 

12 with the Secretary of Health and Human Services in 

13 the implementation of paragraph (1)(E). 

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

15 ‘‘National Metropolitan Medical Response System 

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

17 section 2136 of the Homeland Security Act of 2002, 

18 as added by this section. 

19 SEC. 302. ENHANCING LABORATORY BIOSECURITY. 

20 (a) FEDERAL EXPERTS SECURITY ADVISORY

21 PANEL.— 

22 (1) PANEL.— 

23 (A) ESTABLISHMENT.—The President shall 

24 establish a permanent advisory panel to be 

25 known as the Federal Experts Security Advisory 

mstockstill on DSK4VPTVN1PROD with 

73 

•HR 2356 RH

1 Panel to make technical and substantive rec2 ommendations on biological agent and toxin se3 curity. 

4 (B) MEMBERSHIP.—The members of the 

5 Panel— 

6 (i) shall consist of the voting members 

7 appointed under subparagraph (D) and the 

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

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

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

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

15 of subparagraph (D) shall serve jointly as the 

16 Co-Chairs of the Panel. 

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

20 entities, appointed (except with respect to the 

21 National Security Council) by the head of the re22 spective entity: 

23 (i) The Department of Agriculture. 

24 (ii) The Department of Commerce. 

25 (iii) The Department of Defense. 

mstockstill on DSK4VPTVN1PROD with 

74 

•HR 2356 RH

1 (iv) The Department of Energy. 

2 (v) The Department of Health and 

3 Human Services. 

4 (vi) The Department of Homeland Se5 curity. 

6 (vii) The Department of Justice. 

7 (viii) The Department of Labor. 

8 (ix) The Department of State. 

9 (x) The Department of Transportation. 

10 (xi) The Department of Veterans Af11 fairs. 

12 (xii) The Environmental Protection 

13 Agency. 

14 (xiii) The National Security Council, 

15 which shall be represented by the Special 

16 Assistant to the President for Biodefense. 

17 (xiv) The Office of the Director of Na18 tional Intelligence. 

19 (xv) Any other department or agency 

20 designated by the Co-Chairs. 

21 (E) NONVOTING MEMBERS.—The nonvoting 

22 members of the Panel shall consist of— 

23 (i) such additional representatives of 

24 the Government entities listed in subparamstockstill on DSK4VPTVN1PROD with 

75 

•HR 2356 RH

1 graph (D) as may be appointed by the 

2 heads of the respective entities; and 

3 (ii) a representative of the public 

4 health laboratory community or biological 

5 laboratory community (or both). 

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

10 to carry out its responsibilities under paragraph 

11 (2). 

12 (2) RESPONSIBILITIES.—Not later than 6 

13 months after the date of the enactment of this section, 

14 the Panel shall, with respect to biological agent and 

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

17 Security plurality recommendations, including any 

18 statements of dissent, concerning— 

19 (A) the designation as highest risk of that 

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

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

23 the greatest risk of deliberate misuse with signifi24 cant potential for mass casualties or devastating 

25 effects to the economy, informed by— 

mstockstill on DSK4VPTVN1PROD with 

76 

•HR 2356 RH

1 (i) any biological or bioterrorism risk 

2 assessments conducted by the Department of 

3 Homeland Security and relevant assess4 ments by other agencies; and 

5 (ii) determinations made by the Sec6 retary of Homeland Security pursuant to 

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

8 U.S.C. 247d–6b(c)(2)(A)); 

9 (B) the development of a set of minimum 

10 risk-based prescriptive laboratory security per11 formance standards based on the risk at the low12 est level, allowing for enhancements as risk in13 creases; 

14 (C) the establishment of appropriate stand15 ards and practices to improve vetting and moni16 toring of, and ensure reliability of, personnel 

17 with access to highest risk biological agents and 

18 toxins at facilities registered under section 

19 351A(d) of the Public Health Service Act (42 

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

21 (D) the establishment of appropriate prac22 tices for physical security and cyber security for 

23 facilities that possess highest risk biological 

24 agents or toxins; 

mstockstill on DSK4VPTVN1PROD with 

77 

•HR 2356 RH

1 (E) standards for training of laboratory 

2 personnel in security measures; 

3 (F) other emerging policy issues relevant to 

4 the security of biological agents and toxins; 

5 (G) adequacy of information sharing proto6 cols with biodefense and biosecurity stakeholders; 

7 and 

8 (H) any other security standards deter9 mined necessary. 

10 (b) REVISION OF RULES AND REGULATIONS.— 

11 (1) PROPOSED RULES.—The Secretaries of 

12 Health and Human Services and Agriculture, in co13 ordination with the Secretary of Homeland Security, 

14 no later than 1 year after the date of receipt of rec15 ommendations under subsection (a)(2), shall, as ap16 propriate, propose rules under section 351A of the 

17 Public Health Service Act (42 U.S.C. 262a) estab18 lishing security standards and procedures that are 

19 specific to highest risk biological agents and toxins. 

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

21 and Human Services and Agriculture, in coordina22 tion with the Secretary of Homeland Security, no 

23 later than 24 months after the date of the enactment 

24 of this section, shall promulgate final rules described 

25 in paragraph (1). 

mstockstill on DSK4VPTVN1PROD with 

78 

•HR 2356 RH

1 (c) COORDINATION OF FEDERAL OVERSIGHT.—To en2 sure that the Federal Government provides for comprehen3 sive and effective oversight of biological agents and toxins 

4 security, the heads of the Government entities listed in sub5 section (a)(1)(D) shall for facilities in which the entity sup6 ports biological agent or toxin laboratory activities and by 

7 no later than 6 months after the submission of recommenda8 tions under subsection (a)(2), develop and implement a 

9 plan for the coordination of biological agents and toxins 

10 security oversight that— 

11 (1) articulates a mechanism for coordinated in12 spections of and harmonized administrative practices 

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

14 Public Health Service Act (42 U.S.C. 262a(d)), pur15 suant to subsection (d) of this section; and 

16 (2) ensures consistent and timely identification 

17 and resolution of biological agents and toxins security 

18 and compliance issues. 

19 (d) COMMON INSPECTION PROCEDURES.—The heads of 

20 the entities listed in subsection (a)(1)(D) shall coordinate 

21 or consolidate laboratory inspections and ensure that such 

22 inspections are conducted using a common set of inspection 

23 procedures across such entities in order to minimize the ad24 ministrative burden on such laboratory. 

mstockstill on DSK4VPTVN1PROD with 

79 

•HR 2356 RH

1 (e) INSPECTION REPORTS.—Any inspection report re2 sulting from an inspection described in paragraph (1) shall 

3 be available to— 

4 (1) each Federal agency that supports biological 

5 agent or toxin laboratory activities at the laboratory 

6 that is the subject of the inspection report; and 

7 (2) the laboratories that are the object of inspec8 tion. 

9 (f) LABORATORY BIOSECURITY INFORMATION SHAR10 ING.— 

11 (1) FEDERAL SHARING.—The Secretaries of 

12 Health and Human Services and Agriculture shall— 

13 (A) develop a process for sharing of infor14 mation pertaining to biological agents and tox15 ins with agencies that support biological agent 

16 or toxin laboratory activities, that identifies the 

17 purpose for sharing, and a mechanism for secur18 ing, such information; 

19 (B) share relevant information pertaining 

20 to biological agents and toxins, including identi21 fication of laboratories possessing highest risk bi22 ological agents and toxins, and compliance issues 

23 with the Secretary of Homeland Security; and 

24 (C) share relevant information pertaining 

25 to biological agents and toxins, including identimstockstill on DSK4VPTVN1PROD with 

80 

•HR 2356 RH

1 fication of laboratories possessing highest risk bi2 ological agents and toxins, with appropriate 

3 State, local, and tribal government authorities, 

4 including law enforcement authorities and emer5 gency response providers. 

6 (2) CLASSIFIED AND SENSITIVE INFORMATION.— 

7 The Secretaries of Agriculture and Health and 

8 Human Services shall ensure that any information 

9 disseminated under this section is handled consist10 ently with— 

11 (A) the authority of the Director of National 

12 Intelligence to protect intelligence sources and 

13 methods under the National Security Act of 1947 

14 (50 U.S.C. 401 et seq.) and related procedures or 

15 similar authorities of the Attorney General con16 cerning sensitive law enforcement information; 

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

18 Code (commonly referred to as the ‘‘Privacy Act 

19 of 1974’’); and 

20 (C) other relevant laws. 

21 (g) DEFINITIONS.—In this section: 

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

23 refer to a biological agent or toxin, respectively, listed 

24 pursuant to section 351A(a)(1) of the Public Health 

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

mstockstill on DSK4VPTVN1PROD with 

81 

•HR 2356 RH

1 (2) The term ‘‘highest risk’’ means, with respect 

2 to a biological agent or toxin, designated as highest 

3 risk as described in subsection (a)(2)(A). 

4 (3) The term ‘‘Panel’’ means the Federal Experts 

5 Security Advisory Panel under subsection (a). 

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

7 same meaning that term has in the Homeland Secu8 rity Act of 2002 (6 U.S.C. 101 et seq.). 

9 SEC. 303. DEFINITIONS. 

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

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

12 new paragraphs: 

13 ‘‘(19) The term ‘Intelligence Community’ has the 

14 meaning given that term in section 3(4) of the Na15 tional Security Act of 1947 (50 U.S.C. 401a(4)). 

16 ‘‘(20) The term ‘national biosecurity and bio17 defense stakeholders’ means officials from the Federal, 

18 State, local, and tribal authorities and individuals 

19 from the private sector who are involved in efforts to 

20 prevent, protect against, respond to, and recover from 

21 a biological attack or other biological incidents that 

22 may have serious health or economic consequences for 

23 the United States, including wide-scale fatalities or 

24 infectious disease outbreaks.’’. 

mstockstill on DSK4VPTVN1PROD with 

82 

•HR 2356 RH

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

2 BIOLOGY. 

3 (a) SENSE OF CONGRESS.—It is the sense of Congress 

4 that the field of synthetic biology has the potential to facili5 tate enormous gains in fundamental discovery, public 

6 health, and biotechnological applications, but that it also 

7 presents inherent dual-use homeland security risks that 

8 must be managed. 

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

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

11 acting through the Under Secretary for Science and Tech12 nology, shall undertake a risk assessment of the dual-use 

13 and other risks associated with synthetic biology. 

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

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

16 Secretary shall develop and provide to the heads of all de17 partments and agencies that fund life sciences research, 

18 guidance on compliance with United States laws, arms con19 trol agreements to which the United States is a party or 

20 signatory, and individual department and agency policy, 

21 including consideration of— 

22 (1) best practices for establishing a department 

23 or agency process that achieves compliance for depart24 ment or agency research, development, or acquisition 

25 projects in the life sciences; 

26 (2) the types of projects that should be assessed; 

mstockstill on DSK4VPTVN1PROD with 

83 

•HR 2356 RH

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

2 be assessed; and 

3 (4) means for preventing the release of homeland 

4 or national security information. 

5 (d) RESEARCH AND DEVELOPMENT.—Based upon the 

6 findings of the risk assessment undertaken in accordance 

7 with subsection (b), the Under Secretary may conduct re8 search into the risks and ways to mitigate such risks of syn9 thetic biology, including— 

10 (1) determining the current capability of syn11 thetic nucleic acid providers to effectively differentiate 

12 a legitimate customer from a potential terrorist or 

13 other malicious actor; 

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

17 (3) making recommendations regarding screen18 ing software, protocols, and other remaining capa19 bility gaps uncovered by such risk assessment. 

20 SEC. 305. DISSEMINATION OF INFORMATION ANALYZED BY 

21 THE DEPARTMENT TO STATE, LOCAL, TRIBAL, 

22 AND PRIVATE ENTITIES WITH RESPONSIBIL23 ITIES RELATING TO HOMELAND SECURITY. 

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

25 2002 (6 U.S.C. 121(d)(8)) is amended by striking ‘‘and to 

mstockstill on DSK4VPTVN1PROD with 

84 

•HR 2356 RH

1 agencies of State’’ and all that follows and inserting ‘‘to 

2 State, local, tribal, and private entities with such respon3 sibilities, and, as appropriate, to the public, in order to 

4 assist in preventing, deterring, or responding to acts of ter5 rorism against the United States.’’. 

6 TITLE IV—PUBLIC HEALTH 

7 MATTERS 

8 SEC. 401. SENSE OF CONGRESS REGARDING FEDERAL CO9 ORDINATION ON MEDICAL COUNTER10 MEASURES. 

11 It is the sense of Congress that— 

12 (1) 10 years after the terrorist attacks of Sep13 tember 11, 2001, and 7 years after enactment of the 

14 Project BioShield Act of 2004 (Public Law 108–276), 

15 coordination among Federal agencies involved in ac16 tivities relating to researching, developing, and ac17 quiring medical countermeasures still needs improve18 ment; and 

19 (2) aggressive action should be taken by the De20 partment of Health and Human Services (in par21 ticular, the heads of the National Institutes of Health, 

22 the Biomedical Advanced Research and Development 

23 Authority, the Centers for Disease Control and Pre24 vention, and the Food and Drug Administration), the 

25 Department of Homeland Security, and the Departmstockstill on DSK4VPTVN1PROD with 

85 

•HR 2356 RH

1 ment of Defense to foster greater coordination with re2 spect to such activities, including adoption of an 

3 interagency agreement that sets forth the relative 

4 areas of responsibility with respect to establishing 

5 medical countermeasure requirements and research6 ing, developing, and acquiring medical counter7 measures to meet those requirements. 

8 SEC. 402. NATIONAL MEDICAL COUNTERMEASURE DIS9 PENSING STRATEGY. 

10 Title III of the Public Health Service Act is amended 

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

12 following: 

13 ‘‘SEC. 319F–5. NATIONAL MEDICAL COUNTERMEASURE DIS14 PENSING STRATEGY. 

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

16 ‘‘(1) the term ‘dispense’ means to provide med17 ical countermeasures to an affected population in re18 sponse to a threat or incident; and 

19 ‘‘(2) the term ‘medical countermeasure’ means a 

20 qualified countermeasure (as defined in section 319F– 

21 1(a)(2)). 

22 ‘‘(b) STRATEGY.— 

23 ‘‘(1) IN GENERAL.—The Secretary, in coordina24 tion with the Secretary of Homeland Security, the 

25 Secretary of Agriculture, and other appropriate Fedmstockstill on DSK4VPTVN1PROD with 

86 

•HR 2356 RH

1 eral agencies, shall develop, implement, and, as ap2 propriate, periodically update a National Medical 

3 Countermeasure Dispensing Strategy to enhance pre4 paredness and collective response to a terrorist attack 

5 on humans or animals with any chemical, biological, 

6 radiological, or nuclear material, that delineates Fed7 eral, State, and local responsibilities. 

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

9 sufficiently flexible to meet the unique needs of dif10 ferent communities, including first responders, and 

11 shall consider— 

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

13 medical countermeasures, including to individ14 uals, schools, universities, hospitals, and elderly 

15 care facilities; 

16 ‘‘(B) post-incident requirements for emer17 gency use authorizations before countermeasures 

18 can be distributed legally; 

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

20 countermeasures in event-specific authorizations 

21 covering federally held countermeasures of the 

22 same type; and 

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

24 medical kits for personal stockpiling purposes, 

mstockstill on DSK4VPTVN1PROD with 

87 

•HR 2356 RH

1 within 30 days after a domestic or international 

2 bioterrorist attack resulting in human infection. 

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

4 with the Administrator of the Federal Emergency Manage5 ment Agency, State, local, and tribal authorities, represent6 atives from the private sector, and nongovernmental organi7 zations on the National Medical Countermeasures Dis8 pensing Strategy. 

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

10 of the enactment of this section, the Secretary shall submit 

11 the National Medical Countermeasures Dispensing Strategy 

12 to the appropriate congressional committees.’’. 

13 SEC. 403. NATIONAL PRE-EVENT VACCINATION AND ANTI14 MICROBIAL DISPENSING POLICY REVIEW. 

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

16 Human Services, in coordination with the Secretary of 

17 Homeland Security and the Secretary of Agriculture, shall 

18 review the adequacy of domestic vaccination and anti19 microbial dispensing policy, guidance, and information 

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

21 of a biological attack or other phenomena that may have 

22 serious health consequences for the United States, including 

23 wide-scale fatalities or infectious disease outbreaks includ24 ing outbreaks associated with the avian flu. In carrying out 

25 the review under this section, the Secretary shall consider— 

mstockstill on DSK4VPTVN1PROD with 

88 

•HR 2356 RH

1 (1) terrorism risk assessments under section 2102 

2 of the Homeland Security Act of 2002, as amended by 

3 this Act, and material threat assessments and deter4 minations under the Project Bioshield Act of 2004 

5 (Public Law 108–276) and the amendments made by 

6 that Act; 

7 (2) reports on global trends and intelligence pro8 duced by the Office of the Director of National Intel9 ligence and the Intelligence Community regarding bi10 ological threats; 

11 (3) the availability of federally provided vaccines 

12 and antimicrobials to dispense to first responders and 

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

14 biological attack; 

15 (4) applicability of Federal shelf-life extension 

16 programs to locally held stockpiles of medical counter17 measures, to the extent that information on local 

18 stockpiles is available; 

19 (5) making expiring products available to appro20 priate international organizations or foreign partners 

21 once the requests of domestic stakeholders have been 

22 fulfilled; 

23 (6) the implications of pre-event vaccination and 

24 antimicrobial dispensing to livestock; and 

mstockstill on DSK4VPTVN1PROD with 

89 

•HR 2356 RH

1 (7) mechanisms to increase coordination between 

2 the Strategic National Stockpile established under sec3 tion 319F–2 of the Public Health Service Act (42 

4 U.S.C. 247D–6b) and the National Veterinary Stock5 pile that would enhance vaccination and dispensing 

6 capabilities. 

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

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

9 Human Services shall report to the appropriate congres10 sional committees on the review required by subsection (a), 

11 together with any recommendations relating to the avail12 ability of domestic vaccine and antimicrobials for dis13 bursing to the public and voluntary immunization by first 

14 responders. 

15 SEC. 404. MANAGEMENT OF SHORT SHELF LIFE VACCINE 

16 AND ANTIMICROBIAL STOCKPILES. 

17 The Secretary of Health and Human Services shall 

18 make available surplus vaccines and antimicrobials, and 

19 vaccines and antimicrobials with short shelf lives, from the 

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

21 Public Health Service Act (42 U.S.C. 247d–6b(a)) to State, 

22 local, and tribal first responders, including health care re23 sponders, for administration to such responders who volun24 tarily consent to such administration, and shall— 

mstockstill on DSK4VPTVN1PROD with 

90 

•HR 2356 RH

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 Service 

8 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 striking 

15 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 population 

21 sufficient to affect national security and 

22 homeland security.’’. 

23 SEC. 406. BACKGROUND CHECKS. 

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

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

mstockstill on DSK4VPTVN1PROD with 

91 

•HR 2356 RH

1 the following: ‘‘In identifying whether an individual is 

2 within a category specified in subparagraph (B)(ii)(II), the 

3 Attorney General shall consult with the Secretary of Home4 land Security, the Secretary of Defense, and the Secretary 

5 of State to determine whether these officials possess any in6 formation relevant to the identification of such an indi7 vidual by the Attorney General.’’. 

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

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

10 the same meaning that term has in the Homeland Security 

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

12 TITLE V—FOREIGN RELATIONS 

13 MATTERS 

14 SEC. 501. INTERNATIONAL ENGAGEMENT TO ENHANCE BIO15 DEFENSE AND LABORATORY BIOSECURITY. 

16 The Secretary of State, in consultation with the Spe17 cial Assistant to the President for Biodefense, and the heads 

18 of appropriate Federal agencies, shall, as appropriate— 

19 (1) support efforts of other countries to establish 

20 and build capacity to effectively implement legislation 

21 criminalizing the development or use of biological 

22 weapons or acts of bioterrorism; 

23 (2) engage other countries and international 

24 nongovernmental entities to develop and establish 

25 common standards, guidance, and best practices for 

mstockstill on DSK4VPTVN1PROD with 

92 

•HR 2356 RH

1 actions relevant to preventing acts of bioterrorism 

2 and the illicit use of life sciences; 

3 (3) support the efforts of other countries to en4 hance biosecurity and safety practices at laboratories 

5 and other facilities with materials that could be used 

6 in biological weapons or in an act of bioterrorism; 

7 (4) promote the development and adoption of 

8 international guidance for the safety and security of 

9 high-risk pathogens and toxins; and 

10 (5) promote information sharing relating to 

11 threats and best practices between the intelligence 

12 community, Federal law enforcement, and inter13 national law enforcement and security officials. 

14 SEC. 502. INTERNATIONAL COLLABORATION AND INFORMA15 TION SHARING RELATING TO BIOSECURITY. 

16 The Secretary of State, in consultation with the Sec17 retary of Homeland Security, the Secretary of Agriculture, 

18 the Secretary of Health and Human Services, and the heads 

19 of other appropriate Federal agencies, shall, as appro20 priate— 

21 (1) support efforts in other countries and regions 

22 to develop mechanisms and capabilities for reporting 

23 to United Nations organizations validated data on bi24 ological attacks or other phenomena that may have se25 rious health consequences for the United States, inmstockstill on DSK4VPTVN1PROD with 

93 

•HR 2356 RH

1 cluding wide-scale fatalities or infectious disease out2 breaks; 

3 (2) engage other Federal and nongovernmental 

4 entities and other countries to advance awareness and 

5 understanding of the risk posed by information de6 rived from the life sciences that has the potential for 

7 misuse to cause harm, and advance recommendations 

8 on how best to address such risk; 

9 (3) engage such entities and countries to promote 

10 greater awareness and understanding of the global 

11 availability of and access to life science technologies 

12 and materials; and 

13 (4) promote the development and use of mecha14 nisms for reporting, preserving, and sharing data on 

15 Federal programs and investments in international 

16 scientific, agricultural, medical, and public health 

17 collaborations in support of efforts to enhance global 

18 biosecurity. 

19 SEC. 503. INTERAGENCY TASK FORCE ON BEST PRACTICES 

20 FOR GLOBAL BIOPREPAREDNESS. 

21 (a) SENSE OF CONGRESS.—It is the sense of Congress 

22 that preparedness for a chemical, biological, radiological, 

23 or nuclear incident must be undertaken not only domesti24 cally but also internationally. Specifically, there is a need 

25 for a global preparedness architecture for such an event. 

mstockstill on DSK4VPTVN1PROD with 

94 

•HR 2356 RH

1 Congress supports efforts to provide an international forum 

2 for discussion of key health security policies with inter3 national dimensions, and the establishment of a formal 

4 United States interagency task force to develop best prac5 tices and recommendations for implementation of a global 

6 preparedness architecture could enhance global prepared7 ness. 

8 (b) ESTABLISHMENT OF TASK FORCE.—The Secretary 

9 of State shall convene and lead an interagency task force 

10 to examine— 

11 (1) the state of global biopreparedness for a 

12 major biological event; 

13 (2) necessary components of a global bio14 preparedness architecture that would advance inter15 national health security, including considerations 

16 of— 

17 (A) risk assessments; 

18 (B) prevention; 

19 (C) protection; 

20 (D) regional stockpiling of medical counter21 measures, including considerations of— 

22 (i) security of the stockpile; 

23 (ii) preservation of the stockpile 

24 through effective detection and diagnosis, 

mstockstill on DSK4VPTVN1PROD with 

95 

•HR 2356 RH

1 shelf life extension programs, and other 

2 means; 

3 (iii) delivery planning; and 

4 (iv) legal considerations for imple5 menting such an architecture; 

6 (E) response and attribution; 

7 (F) other elements that should be a compo8 nent of such an architecture; and 

9 (G) obstacles to implementing such an ar10 chitecture; 

11 (3) best practices for preparedness based on les12 sons learned from domestic efforts to address the above 

13 issues, and that may be applicable internationally; 

14 (4) activities undertaken through the National 

15 Intelligence Strategy for Countering Biological 

16 Threats developed under section 202 and the Inter17 national Health Regulations 2005, as well as other 

18 activities deemed relevant by the task force; and 

19 (5) the utility of working through existing inter20 national forums as a mechanism for distributing this 

21 information to the international community. 

22 (c) MEMBERSHIP.—Members of the task force shall in23 clude representatives from— 

24 (1) the Department of Homeland Security; 

mstockstill on DSK4VPTVN1PROD with 

96 

•HR 2356 RH

1 (2) the Department of Health and Human Serv2 ices, including the Centers for Disease Control and 

3 Prevention; 

4 (3) the Department of Agriculture; 

5 (4) the Department of Defense; 

6 (5) the Department of Justice; 

7 (6) the Department of State; 

8 (7) the Director of National Intelligence; 

9 (8) other Federal departments and agencies, as 

10 determined appropriate by the Secretary; and 

11 (9) national biosecurity and biodefense stake12 holder community, including from the pharmaceutical 

13 and biotechnology industries, and the diagnostic lab14 oratory community, as determined by the Secretary. 

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

16 the enactment of this Act, the Secretary shall submit to the 

17 appropriate congressional committees a report on the find18 ings of the task force established under this section. 

19 SEC. 504. BIOLOGICAL AND TOXIN WEAPONS CONVENTION. 

20 The Secretary of State shall— 

21 (1) promote confidence in effective implementa22 tion of and compliance with the Convention on the 

23 Prohibition of the Development, Production and 

24 Stockpiling of Bacteriological (Biological) and Toxin 

25 Weapons and on their Destruction (commonly remstockstill on DSK4VPTVN1PROD with 

97 

•HR 2356 RH

1 ferred to as the ‘‘Biological and Toxin Weapons Con2 vention’’) by the States party to the Convention by 

3 promoting transparency with respect to legitimate ac4 tivities and pursuing compliance diplomatically to 

5 address concerns; 

6 (2) promote universal membership in the Con7 vention; 

8 (3) develop an action plan for increasing inter9 national adherence to the Convention; and 

10 (4) ensure that United States participation in 

11 Convention meetings is broadly inclusive of represent12 atives of relevant Federal departments and agencies. 

mstockstill on DSK4VPTVN1PROD with 

Union Calendar No. 510 

112TH CONGRESS 

2D SESSION H. R. 2356 

[Report No. 112–665, Part I] 

A BILL 

To enhance homeland security by improving efforts 

struction, and for other purposes. cover from an attack with a weapon of mass deto prevent, protect against, respond to, and reNOVEMBER 30, 2012 

The Committees on Energy and Commerce, TransporUnion and ordered to be printed Committee of the Whole House on the State of the Space, and Technology discharged; committed to the nent Select Committee on Intelligence and Science, tation and Infrastructure, Foreign Affairs, the Permamstockstill on DSK4VPTVN1PROD with