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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2356 Reported in House (RH)]

                                                 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

                           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.

 

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``WMD Prevention and 
Preparedness Act of 2012''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

               TITLE I--A NATIONAL BIODEFENSE ENTERPRISE

Sec. 101. Special Assistant for Biodefense.
Sec. 102. National Biodefense Plan.
Sec. 103. National Biosurveillance Strategy.
Sec. 104. Comprehensive cross-cutting biodefense budget analysis.

                     TITLE II--INTELLIGENCE MATTERS

Sec. 201. National Intelligence Strategy for Countering the Threat from 
                            Weapons of Mass Destruction.
Sec. 202. National Intelligence Strategy for Countering Biological 
                            Threats.
Sec. 203. State, local, and tribal defined.

                  TITLE III--HOMELAND SECURITY MATTERS

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

  ``TITLE XXI--WEAPONS OF MASS DESTRUCTION PREVENTION AND PREPAREDNESS

                        ``Subtitle A--Prevention

        ``Sec. 2101. Weapons of mass destruction intelligence and 
                            information sharing.
        ``Sec. 2102. Risk assessments.
        ``Sec. 2103. National Export Enforcement Coordination.
        ``Sec. 2104. Communication of threat information.
        ``Sec. 2105. Individual and community preparedness for 
                            chemical, biological, radiological, and 
                            nuclear attacks.

                        ``Subtitle B--Protection

        ``Sec. 2121. Detection of biological attacks.
        ``Sec. 2122. Rapid biological threat detection and 
                            identification at ports of entry.
        ``Sec. 2123. Evaluating detection technology.
        ``Sec. 2124. Domestic implementation of the Global Nuclear 
                            Detection Architecture.

                         ``Subtitle C--Response

        ``Sec. 2131. First responder guidance concerning chemical, 
                            biological, radiological, and nuclear 
                            attacks.
        ``Sec. 2132. Integrated plume modeling for collective response.
        ``Sec. 2133. Establishment of the system assessment and 
                            validation for emergency responders (SAVER) 
                            program.
        ``Sec. 2134. Payment for laboratory response services.
        ``Sec. 2135. Bioforensics capabilities.
        ``Sec. 2136. Metropolitan Medical Response System Program.

                         ``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.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``appropriate congressional committees'' means 
        the Committee on Homeland Security of the House of 
        Representatives and any committee of the House of 
        Representatives or the Senate having legislative jurisdiction 
        under the rules of the House of Representatives or Senate, 
        respectively, over the matter concerned.
            (2) The term ``Intelligence Community'' has the meaning 
        given that term in section 3(4) of the National Security Act of 
        1947 (50 U.S.C. 401a(4)).
            (3) The term ``national biosecurity and biodefense 
        stakeholders'' means officials from the Federal, State, local, 
        and tribal authorities and individuals and other persons from 
        the private sector who are involved in efforts to prevent, 
        protect against, respond to, and recover from a biological 
        attack or other phenomena that may have serious health 
        consequences for the United States, including wide-scale 
        fatalities or infectious disease outbreaks.

               TITLE I--A NATIONAL BIODEFENSE ENTERPRISE

SEC. 101. SPECIAL ASSISTANT FOR BIODEFENSE.

    (a) In General.--The President shall assign a member of the 
National Security Council to serve as Special Assistant to the 
President for Biodefense, who shall--
            (1) serve as the principal advisor to the President 
        regarding coordination of Federal biodefense policy including 
        prevention, protection, response, and recovery from biological 
        attacks or other phenomena that may have serious health 
        consequences for the United States, including wide-scale 
        fatalities or infectious disease outbreaks;
            (2) identify gaps, duplication, and other inefficiencies in 
        existing biodefense activities and the actions necessary to 
        overcome these obstacles;
            (3) lead the development of a coordinated National 
        Biodefense Plan, in accordance with section 102;
            (4) lead the development of a coordinated National 
        Biosurveillance Strategy, in accordance with section 103;
            (5) lead the development of a coordinated national research 
        and development strategy and implementation plan for microbial 
        forensics, the latter to be updated not less than once every 4 
        years;
            (6) oversee, in coordination with the Director of the 
        Office of Management and Budget, the development of a 
        comprehensive cross-cutting biodefense budget analysis to 
        inform prioritization of resources and ensure that biodefense 
        challenges are adequately addressed, in accordance with section 
        104; and
            (7) conduct ongoing oversight and evaluation of 
        implementation of Federal biodefense activities by relevant 
        Government departments and agencies.
    (b) Access by Congress.--The appointment of the Special Assistant 
to the President for Biodefense shall not be construed as affecting 
access by Congress or committees of either House of Congress to 
information, documents, and studies in the possession of, or conducted 
by or at the direction of, the Special Assistant.

SEC. 102. NATIONAL BIODEFENSE PLAN.

    The Special Assistant to the President for Biodefense shall submit 
to the President a National Biodefense Plan that--
            (1) defines the scope and purpose of a national biodefense 
        capability;
            (2) identifies biological risks to the Nation to be 
        addressed by the Plan, consistent with section 2102 of the 
        Homeland Security Act of 2002, as amended by this Act;
            (3) delineates activities and tasks to be performed, 
        including prevention, protection, response, and recovery 
        activities, to address the risks identified under paragraph 
        (2);
            (4) defines research and development needs for improving 
        the capacity for threat awareness and prevention, protection, 
        response, and recovery;
            (5) identifies biodefense assets, interdependencies, 
        capability gaps, and gaps in the integration of capabilities;
            (6) provides goals, activities, milestones, and performance 
        measures;
            (7) identifies resource and investment needs;
            (8) defines organizational roles, responsibilities , and 
        coordination of Federal, State, local, and tribal authorities 
        (as those terms are defined in the Homeland Security Act of 
        2002 (6 U.S.C. 101 et seq.)) with respect to the activities and 
        tasks delineated in paragraph (3);
            (9) integrates and supports the strategies outlined in 
        Presidential Policy Directives 2 and 8 and Homeland Security 
        Presidential Directives 5, 9, 10, 18, 21, and their successors, 
        the National Biosurveillance Strategy published under section 
        103 of this Act, the National Medical Countermeasure Dispensing 
        Strategy developed under section 319F-5 of the Public Health 
        Service Act, as amended by this Act, and other strategy 
        documents as appropriate;
            (10) is consistent with the National Response Framework as 
        published by the Secretary of Homeland Security in January 
        2008, and any successors thereof;
            (11) incorporates input from Federal, State, local, and 
        tribal stakeholders;
            (12) provides planning guidance to biosecurity and 
        biodefense stakeholders, including leveraging of existing 
        guidance; and
            (13) shall be submitted to the President and the Congress 
        within 18 months after the date of the enactment of this Act, 
        and updated as necessary.

SEC. 103. NATIONAL BIOSURVEILLANCE STRATEGY.

    (a) Strategy for Biosurveillance.--The Special Assistant to the 
President for Biodefense shall publish a National Biosurveillance 
Strategy that shall--
            (1) identify the purpose and scope of a nationally 
        integrated biosurveillance capability;
            (2) establish goals, objectives, priorities, milestones, 
        and performance measures to guide the development of such 
        capability;
            (3) define and prioritize costs, benefits, and resource and 
        investment needs, with particular attention to leveraging 
        existing resources;
            (4) delineate Federal, State, local, tribal, and private 
        roles and responsibilities; and
            (5) describe how the Strategy is integrated with related 
        national strategies.
    (b) Matters for Consideration.--In developing the strategy required 
under subsection (a), the Special Assistant shall take into 
consideration--
            (1) the state of biosurveillance domestically and 
        internationally;
            (2) material threat assessments and determinations 
        developed by the Secretary of Homeland Security in accordance 
        with the Project BioShield Act of 2004 (Public Law 108-276) and 
        the amendments made by that Act;
            (3) risk assessments consistent with section 2102 of the 
        Homeland Security Act of 2002, as amended by this Act;
            (4) reports on global trends produced by the Office of the 
        Director of National Intelligence regarding the biological 
        threat;
            (5) Intelligence Community needs as articulated in relevant 
        intelligence strategies;
            (6) information available in biosurveillance systems and 
        changes to information technology including systems used 
        commercially to allow for the incorporation and integration of 
        this information; and
            (7) costs associated with establishing and maintaining the 
        necessary infrastructure to integrate biosurveillance systems.
    (c) Implementation Plan.--In addition to the strategy required 
under subsection (a), the Special Assistant shall publish an 
implementation plan for such strategy that includes benchmarks for 
measuring the success of the Strategy. The implementation plan shall--
            (1) include a plan for advancing situational awareness of 
        biological threats, by rapid detection and dissemination of 
        biosurveillance information in real time, and through other 
        means;
            (2) include a plan for fostering information sharing among 
        national biosecurity and biodefense stakeholders--
                    (A) to identify potential threats, reduce 
                vulnerabilities, and improve collective response 
                activities to, and investigations of, suspected 
                biological attacks;
                    (B) that addresses the type of information to be 
                shared and how it will be shared; and
                    (C) that identifies critical sensitivities to be 
                protected; and
            (3) include a plan for enhancing the capability of the 
        Federal Government to rapidly identify, characterize, localize, 
        and track a biological event of national concern by integrating 
        and analyzing data relating to human health, animal, plant, 
        food, and environmental monitoring systems (both national and 
        international).
    (d) Deadline; Submission; Updates.--The Special Assistant shall--
            (1) publish the strategy, and submit it to the appropriate 
        congressional committees, by not later than 1 year after the 
        date of enactment of this Act; and
            (2) publish an implementation plan for such strategy not 
        later than 2 years after the date of enactment of this Act, and 
        update the implementation plan at least once every 4 years.

SEC. 104. COMPREHENSIVE CROSS-CUTTING BIODEFENSE BUDGET ANALYSIS.

    (a) In General.--In order to enhance strategic planning, eliminate 
redundancies, identify capability gaps, and provide for greater 
transparency, the Special Assistant to the President for Biodefense, in 
coordination with the Director of the Office of Management and Budget, 
shall transmit to the appropriate congressional committees, concurrent 
with the submission of the President's annual budget to the Congress, a 
comprehensive cross-cutting biodefense budget analysis that delineates 
and integrates the biodefense expenditure requests for the departments 
and agencies headed by the officials listed in subsection (c).
    (b) Contents.--
            (1) In general.--The comprehensive cross-cutting biodefense 
        budget analysis shall provide a detailed, separate analysis, by 
        budget function, by department or agency, and by initiative 
        area (as determined by the Administration), for the prior 
        fiscal year, the current fiscal year, and the fiscal years for 
        which the budget is submitted, identifying the amounts of gross 
        and net appropriations or obligational authority and outlays 
        that contribute to biodefense, with separate displays for 
        mandatory and discretionary amounts, including--
                    (A) summaries of the total amount of such 
                appropriations or obligational authority and outlays 
                requested for biodefense;
                    (B) an estimate of the current service levels of 
                biodefense spending; and
                    (C) an indication of how the Federal activities or 
                accounts covered by the analysis support the activities 
                delineated in the National Biodefense Plan under 
                section 102(2).
            (2) Account-level amounts.--With respect to subparagraphs 
        (A) through (C) of paragraph (1), amounts shall be provided by 
        account for each program, project, and activity.
    (c) Coordination.--
            (1) Submission to special assistant.--Each official listed 
        in paragraph (2) shall, by not later than 30 days before 
        submitting the annual appropriations request for the agency 
        under section 1108 of title 31, United States Code, submit to 
        the Special Assistant--
                    (A) the proposed appropriations request; and
                    (B) a progress report on how the department or 
                agency under the official's authority agency has met 
                the responsibilities of the official under the National 
                Biodefense Plan under section 102.
            (2) Covered official.--The officials referred to in 
        paragraph (1) are--
                    (A) the Secretary of Agriculture;
                    (B) the Secretary of Commerce;
                    (C) the Secretary of Defense;
                    (D) the Secretary of Energy;
                    (E) the Secretary of Health and Human Services;
                    (F) the Secretary of Homeland Security;
                    (G) the Secretary of State;
                    (H) the Secretary of Veterans Affairs;
                    (I) the Attorney General;
                    (J) the Administrator of the Environmental 
                Protection Agency;
                    (K) the Director of the National Science 
                Foundation;
                    (L) the Postmaster General of the United States; 
                and
                    (M) heads of other Federal departments and agencies 
                as considered appropriate by the Special Assistant.
    (d) Consultation With Congress.--Periodically, but at least 
annually, the Special Assistant for Biodefense shall consult with the 
Committee on Homeland Security of the House of Representatives, the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
the Budget Committees of the House of Representatives and the Senate, 
the Appropriations Committees of the House of Representatives and the 
Senate, and the Congressional Budget Office.

                     TITLE II--INTELLIGENCE MATTERS

SEC. 201. NATIONAL INTELLIGENCE STRATEGY FOR COUNTERING THE THREAT FROM 
              WEAPONS OF MASS DESTRUCTION.

    (a) Strategy.--
            (1) Development.--The Director of National Intelligence, in 
        consultation with the Secretary of Homeland Security and the 
        heads of other appropriate Federal departments and agencies, 
        shall develop and implement--
                    (A) a strategy designed to improve the capabilities 
                of the United States to collect, analyze, and 
                disseminate intelligence related to weapons of mass 
                destruction; and
                    (B) a plan to implement such strategy.
            (2) Title.--The strategy required under paragraph (1) shall 
        be known as the ``National Intelligence Strategy for Countering 
        the Threat from Weapons of Mass Destruction''.
    (b) Contents.--The strategy required under subsection (a) shall--
            (1) identify and address core capabilities needed for 
        successful intelligence collection on weapons of mass 
        destruction;
            (2) include methods for the recruitment, training, and 
        retention of a workforce with expertise in the collection, 
        analysis, and dissemination of intelligence related to all 
        types of weapons of mass destruction and science and technology 
        related to weapons of mass destruction, as well as expertise in 
        science and technology relating to risks posed by weapons of 
        mass destruction; and
            (3) include methods for information sharing and 
        collaboration, as appropriate, with non-Federal national 
        biosecurity and biodefense stakeholders.
    (c) Implementation Plan.--The plan for implementing the strategy 
required under subsection (a) shall include--
            (1) actions necessary to increase the effectiveness and 
        efficiency of the sharing of intelligence on weapons of mass 
        destruction throughout the Intelligence Community and with 
        other Federal partners, including a description of statutory, 
        regulatory, policy, technical, security, or other barriers that 
        impede such sharing, and, as appropriate, the development of 
        uniform standards across the Intelligence Community for such 
        sharing;
            (2) methods to disseminate intelligence products to 
        national biosecurity and biodefense stakeholders in classified 
        and unclassified formats to increase the effectiveness and 
        efficiency of the sharing of information;
            (3) actions necessary to provide open-source intelligence 
        relating to weapons of mass destruction to--
                    (A) appropriate Federal departments and agencies;
                    (B) State, local, and tribal authorities; and
                    (C) private entities;
            (4) specific objectives to be accomplished, with 
        corresponding schedule, for each year of the 5-year period that 
        begins on the date on which the strategy is submitted to the 
        appropriate congressional committees under subsection (e) and 
        tasks to accomplish such objectives, including--
                    (A) a list prioritizing such objectives and such 
                tasks; and
                    (B) a schedule for meeting such objectives and 
                carrying out such tasks;
            (5) assignments of roles and responsibilities to elements 
        of the Intelligence Community to implement the strategy; and
            (6) a schedule for assessment of the effectiveness and 
        efficiency of the strategy, including metrics, and a 
        description of the components of the assessment.
    (d) Coordination.--The Director of National Intelligence shall 
coordinate with State, local, and tribal government authorities, the 
private sector, and nongovernmental organizations in the development of 
the National Intelligence Strategy for Countering the Threat from 
Weapons of Mass Destruction.
    (e) Deadline for Submission.--Not later than 6 months after the 
date of the enactment of this Act, the Director of National 
Intelligence shall submit to the appropriate congressional committees 
the strategy and plan required under subsection (a). The submission 
shall be in unclassified form but with a classified annex, as 
appropriate.
    (f) Updates.--The Director of National Intelligence shall update 
the implementation plan at least once every 4 years.

SEC. 202. NATIONAL INTELLIGENCE STRATEGY FOR COUNTERING BIOLOGICAL 
              THREATS.

    (a) Strategy.--
            (1) Development.--The Director of National Intelligence, in 
        consultation with the Secretary of Homeland Security, the 
        Secretary of Health and Human Services, the Secretary of 
        Agriculture, the Special Assistant to the President for 
        Biodefense, and the heads of other appropriate Federal 
        departments and agencies, shall develop and implement a 
        strategy and a plan for implementing the strategy that is 
        integrated into the National Intelligence Strategy for 
        Countering the Threat from Weapons of Mass Destruction, as 
        required under this title.
            (2) Title.--The strategy required under paragraph (1) shall 
        be known as the ``National Intelligence Strategy for Countering 
        Biological Threats''.
    (b) Contents.--The strategy required under subsection (a) shall--
            (1) identify and address target capabilities needed for 
        successful intelligence collection on biological threats;
            (2) include a plan for establishing in the Intelligence 
        Community a cadre of collectors and analysts in all relevant 
        agencies in the Intelligence Community that are familiar with 
        biological threats, biological science, and biotechnology, 
        including--
                    (A) biological scientists;
                    (B) biotechnologists; and
                    (C) experts with knowledge of the current state of 
                technologies that could be used to develop a weapon of 
                mass destruction;
            (3) include a plan for defining the functions, 
        capabilities, and gaps in the Intelligence Community workforce 
        with respect to assessing the biological threat;
            (4) include methods for collaboration--
                    (A) with non-Intelligence Community technical 
                experts within Federal departments and agencies; and
                    (B) as appropriate, with individuals with expertise 
                described in paragraph (2) who are not employed by the 
                Federal Government, in particular with State and local 
                biodefense stakeholders;
            (5) include a plan for defining, integrating, focusing, and 
        enhancing existing capabilities in the Intelligence Community 
        dedicated to current and strategic biological threats; and
            (6) include a plan for ensuring the prioritization and 
        sustained commitment of intelligence personnel and resources to 
        address biological threats.
    (c) Implementation Plan.--The implementation plan for the strategy 
required under subsection (a) shall--
            (1) include actions necessary to increase the effectiveness 
        and efficiency of the sharing of intelligence throughout the 
        Intelligence Community on biological weapons and organisms that 
        could be used for biological terrorism, including a description 
        of statutory, regulatory, policy, technical, security, or other 
        barriers that prevent such sharing, and, as appropriate, the 
        development of uniform standards across the Intelligence 
        Community for such sharing;
            (2) address strategic and tactical human intelligence, 
        measurement and signature intelligence, technical intelligence, 
        medical intelligence, and open-source intelligence activities 
        necessary to implement the strategy;
            (3) identify specific objectives to be accomplished during 
        each year of the 5-year period that begins on the date on which 
        the strategy is submitted to the appropriate congressional 
        committees under subsection (d) and tasks to accomplish such 
        objectives, including--
                    (A) a list prioritizing such objectives and such 
                tasks; and
                    (B) a schedule for meeting such objectives and 
                carrying out such tasks;
            (4) assign roles and responsibilities to elements of the 
        Intelligence Community to implement the strategy;
            (5) a schedule for assessment of the effectiveness and 
        efficiency of the strategy, including metrics; and
            (6) a schedule for evaluating on a regular basis the 
        efforts of the Intelligence Community and progress on 
        understanding and countering biological threats.
    (d) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Director of National Intelligence shall submit to the 
appropriate congressional committees the strategy and plan required 
under subsection (a). The report shall be in unclassified form but with 
a classified annex, as appropriate.
    (e) Updates.--The Director of National Intelligence shall update 
the implementation plan at least once every 4 years.

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

    In this title, the term ``State, local, and tribal'' has the same 
meaning that term has in the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.).

                  TITLE III--HOMELAND SECURITY MATTERS

SEC. 301. WEAPONS OF MASS DESTRUCTION PREVENTION AND PREPAREDNESS.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by adding at the end the following new title:

  ``TITLE XXI--WEAPONS OF MASS DESTRUCTION PREVENTION AND PREPAREDNESS

                        ``Subtitle A--Prevention

``SEC. 2101. WEAPONS OF MASS DESTRUCTION INTELLIGENCE AND INFORMATION 
              SHARING.

    ``(a) In General.--The Office of Intelligence and Analysis of the 
Department shall--
            ``(1) conduct intelligence and information sharing 
        activities consistent with the National Intelligence Strategy 
        for Countering the Threat from Weapons of Mass Destruction 
        under section 201 of the WMD Prevention and Preparedness Act of 
        2012 and the National Intelligence Strategy for Countering 
        Biological Threats under section 202 of that Act;
            ``(2) support homeland security-focused intelligence 
        analysis of terrorist actors, their claims, and their plans to 
        conduct attacks involving chemical, biological, radiological, 
        and nuclear materials against the Nation;
            ``(3) support homeland security-focused intelligence 
        analysis of global infectious disease, public health, food, 
        agricultural, and veterinary issues;
            ``(4) support homeland security-focused risk analysis and 
        risk assessments of the homeland security hazards described in 
        paragraphs (2) and (3), by providing relevant quantitative and 
        nonquantitative threat information;
            ``(5) leverage existing and emerging homeland security 
        capabilities and structures, including fusion centers 
        established pursuant to section 210A, to enhance prevention, 
        protection, response, and recovery efforts with respect to a 
        chemical, biological, radiological, or nuclear attack;
            ``(6) share information and provide tailored analytical 
        support on these threats to State, local, and tribal 
        authorities as well as other national biosecurity and 
        biodefense stakeholders; and
            ``(7) perform other responsibilities, as assigned by the 
        Secretary.
    ``(b) Coordination.--Where appropriate, the Office of Intelligence 
and Analysis shall coordinate with other relevant Department 
components, others in the Intelligence Community, including the 
National Counter Proliferation Center, and other Federal, State, local, 
and tribal authorities, including officials from high-threat areas, and 
enable such entities to provide recommendations on optimal information 
sharing mechanisms, including expeditious sharing of classified 
information, and on how they can provide information to the Department.
    ``(c) Report.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this section and annually thereafter, the 
        Secretary shall report to the appropriate congressional 
        committees on--
                    ``(A) the intelligence and information sharing 
                activities under subsection (a) and of all relevant 
                entities within the Department to counter the threat 
                from weapons of mass destruction; and
                    ``(B) the Department's activities in accordance 
                with relevant intelligence strategies, including the 
                National Intelligence Strategy for Countering the 
                Threat from Weapons of Mass Destruction and the 
                National Intelligence Strategy for Countering 
                Biological Threats.
            ``(2) Assessment of implementation.--The report shall 
        include--
                    ``(A) a description of methods established to 
                assess progress of the Office of Intelligence and 
                Analysis in implementing this section; and
                    ``(B) such assessment.

``SEC. 2102. RISK ASSESSMENTS.

    ``(a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall, in coordination with 
relevant Department components and other appropriate Federal 
departments and agencies--
            ``(1) produce and update periodically a terrorism risk 
        assessment of chemical, biological, radiological, and nuclear 
        threats; and
            ``(2) produce and update periodically an integrated 
        terrorism risk assessment that assesses all of those threats 
        and compares them against one another according to their 
        relative risk.
    ``(b) Methodology.--
            ``(1) In general.--The Secretary shall--
                    ``(A) convene an interagency task force of relevant 
                subject matter experts to assess the proposed 
                methodology to be used for assessments required under 
                subsection (a), and to provide recommendations to the 
                Secretary as to the adequacy of such methodology;
                    ``(B) conduct sensitivity analysis on each 
                assessment to identify and prioritize research 
                activities to close knowledge gaps; and
                    ``(C) consider the evolving threat from an 
                intelligent adversary.
            ``(2) Inclusion in assessment.--Each assessment under 
        subsection (a) shall include a description of the methodology 
        used for the assessment.
    ``(c) Usage.--The assessments required under subsection (a) shall 
be used to inform and guide risk management decisions, including--
            ``(1) the threat assessments and determinations by the 
        Secretary regarding agents and toxins pursuant to section 319F-
        2 of the Public Health Service Act;
            ``(2) allocation of resources for research and development 
        for chemical, biological, radiological, and nuclear attack 
        prevention, protection, response, and recovery;
            ``(3) prioritization of medical countermeasure research, 
        development, acquisition, and distribution activities and other 
        national strategic biodefense research;
            ``(4) tailored risk assessments and risk mitigation 
        studies, as appropriate, on topics such as radiological 
        materials security or the economic risks of a biological 
        attack; and
            ``(5) other homeland security activities as determined 
        appropriate by the Secretary and the heads of other agencies.
    ``(d) Input and Sharing.--The Secretary shall, for each assessment 
required under subsection (a)--
            ``(1) seek input from national biosecurity and biodefense 
        stakeholders, and other Federal, State, local, and tribal 
        officials involved in efforts to prevent, protect, respond to, 
        and recover from chemical, biological, radiological, and 
        nuclear threats;
            ``(2) ensure that written procedures are in place to guide 
        the interagency development of the assessments, including for 
        input, review, and implementation purposes, among relevant 
        Federal partners;
            ``(3) share the risk assessments with Federal, State, local 
        and tribal officials with appropriate security clearances and a 
        need for the information in the classified version; and
            ``(4) to the maximum extent practicable, make available an 
        unclassified version for Federal, State, local, and tribal 
        officials involved in prevention and preparedness for chemical, 
        biological, radiological, and nuclear events.
    ``(e) Written Procedures.--The Secretary shall establish written 
procedures for appropriate usage of the assessments required under 
subsection (a), including--
            ``(1) a description of the types of departmental activities 
        for which the assessments should be considered;
            ``(2) the extent to which the findings of the assessments 
        should play a role in such activities;
            ``(3) the point in planning processes at which the 
        assessments should be considered; and
            ``(4) how users can access expertise within the Department 
        to aid in interpretation of the results of the assessments.

``SEC. 2103. NATIONAL EXPORT ENFORCEMENT COORDINATION.

    ``(a) Establishment.--There shall be maintained in the Department 
the Export Enforcement Coordination Center, with capability for 
national export enforcement coordination that is managed by the 
Secretary and coordinates the export enforcement activities among the 
Department, the Department of Agriculture, the Department of Commerce, 
the Department of Defense, the Department of Energy, the Department of 
Justice, the Department of State, the Department of the Treasury, the 
Intelligence Community, and other Federal agencies as appropriate.
    ``(b) Responsibilities.--The Center shall--
            ``(1) enhance Federal coordination for law enforcement 
        counterproliferation investigations, including coordination and 
        deconfliction with intelligence counterproliferation 
        activities;
            ``(2) address licensing inquiries, reviews, requests, 
        checks, and verifications; and
            ``(3) conduct outreach and provide training to the export 
        trade community.

``SEC. 2104. COMMUNICATION OF THREAT INFORMATION.

    ``(a) Findings.--Congress finds the following:
            ``(1) The Commission on the Prevention of Weapons of Mass 
        Destruction Proliferation and Terrorism recommended that `the 
        Federal Government should practice greater openness of public 
        information so that citizens better understand the threat and 
        the risk this threat poses to them'.
            ``(2) There are unique challenges for community 
        preparedness for attacks from weapons of mass destruction.
    ``(b) Communications Plan.--
            ``(1) In general.--The Administrator of the Federal 
        Emergency Management Agency shall develop a communications plan 
        designed to provide information to the public related to 
        preventing, preparing for, responding to, and recovering from 
        chemical, biological, radiological, and nuclear attacks;
            ``(2) Consultation.--As appropriate, the Administrator of 
        the Federal Emergency Management Agency shall consult with 
        State, local, and tribal authorities and coordinate with other 
        Federal departments and agencies in developing the 
        communications plans under paragraph (1).
            ``(3) Pre-scripted messages and message templates.--
                    ``(A) In general.--The Administrator of the Federal 
                Emergency Management Agency shall develop and 
                disseminate, through an alerts and warnings system, 
                pre-scripted messages and message templates for State, 
                local, and tribal authorities so that those authorities 
                can quickly and rapidly disseminate critical 
                information to the public in anticipation of, during, 
                or in the immediate aftermath of a chemical, 
                biological, radiological, and nuclear attack, and to be 
                included in the Department of Homeland Security's 
                lessons learned information sharing system.
                    ``(B) Development and design.--The pre-scripted 
                messages or message templates shall--
                            ``(i) be developed in consultation with 
                        State, local, and tribal authorities and in 
                        coordination with other appropriate Federal 
                        departments and agencies;
                            ``(ii) be designed to provide accurate, 
                        essential, and appropriate information and 
                        instructions to the population directly 
                        affected by an incident, including information 
                        regarding an evacuation, sheltering in place, 
                        hospital surge operations, health, and safety;
                            ``(iii) be designed to provide accurate, 
                        essential, and appropriate information and 
                        instructions to children and other special 
                        needs populations within the population 
                        directly affected by an incident;
                            ``(iv) be designed to provide accurate, 
                        essential, and appropriate information and 
                        instructions to emergency response providers 
                        and medical personnel responding to an 
                        incident; and
                            ``(v) include direction for the 
                        coordination of Federal, State, local, and 
                        tribal communications teams.
                    ``(C) Communications formats.--The Administrator 
                shall develop pre-scripted messages or message 
                templates under this paragraph in multiple formats to 
                ensure delivery--
                            ``(i) in cases where the usual 
                        communications infrastructure is unusable;
                            ``(ii) to individuals with disabilities or 
                        other special needs and individuals with 
                        limited English proficiency; and
                            ``(iii) to educational and childcare 
                        facilities, including daycare centers, grade 
                        schools, universities, hospitals, and elderly 
                        care facilities.
                    ``(D) Dissemination and technical assistance.--The 
                Administrator shall ensure that all pre-scripted 
                messages and message templates developed under this 
                paragraph are made available to State, local, and 
                tribal authorities so that those authorities may 
                incorporate them, as appropriate, into their emergency 
                plans. The Administrator shall also make available 
                relevant technical assistance to those authorities to 
                support communications planning.
                    ``(E) Exercises.--To ensure that the pre-scripted 
                messages or message templates developed under this 
                paragraph can be effectively utilized in a disaster or 
                incident, the Administrator shall incorporate Federal, 
                State, local, and tribal communications teams that 
                deliver such pre-scripted messages or message templates 
                into exercises, including those conducted under the 
                National Exercise Program.
            ``(4) Report.--Not later than 1 year after the date of the 
        enactment of this subsection, the Administrator of the Federal 
        Emergency Management Agency shall submit to the appropriate 
        congressional committees the communications plans required to 
        be developed under this subsection, including pre-scripted 
        messages or message templates developed in conjunction with the 
        plans and a description of the means that will be used to 
        deliver these messages during such incidents.
    ``(c) Terrorism Threat Awareness.--
            ``(1) Terrorism threat awareness.--The Secretary, in 
        coordination with the Attorney General and heads of appropriate 
        Federal agencies, shall for purposes of preparedness and 
        collective response to terrorism and for other purposes--
                    ``(A) ensure that homeland security information 
                concerning terrorist threats is provided to State, 
                local, and tribal authorities and the public within the 
                United States, as appropriate; and
                    ``(B) establish a process to optimize opportunities 
                for qualified heads of State, local, and tribal 
                government entities to obtain appropriate security 
                clearances so that they may receive classified threat 
                information when appropriate.
            ``(2) Threat bulletins.--
                    ``(A) In general.--Consistent with the requirements 
                of paragraph (1), the Secretary shall, on a timely 
                basis, prepare unclassified threat bulletins on 
                chemical, biological, radiological, and nuclear 
                threats.
                    ``(B) Requirements.--Each assessment required under 
                subparagraph (A) shall--
                            ``(i) include guidance to the public for 
                        preventing and responding to acts of terrorism 
                        arising from such threats; and
                            ``(ii) be made available on the Internet 
                        Web site of the Department and other publicly 
                        accessible Internet Web sites, communication 
                        systems, and information networks.
            ``(3) Guidance to state, local, and tribal authorities.--
        The Secretary, using information provided by the terrorism risk 
        assessments under section 2102 and material threat assessments 
        and determinations under the Project BioShield Act of 2004 
        (Public Law 108-276) and the amendments made by that Act--
                    ``(A) shall provide to State, local, and tribal 
                authorities written guidance on communicating 
                terrorism-related threats and risks to the public 
                within their jurisdictions; and
                    ``(B) shall identify and articulate the 
                governmental rationale for identifying particular 
                communities as being at heightened risk of 
                exploitation.
            ``(4) Use of existing resources.--The Secretary shall use 
        Internet Web sites, communication systems, and information 
        networks in operation on the date of an assessment under this 
        subsection, and shall coordinate with other heads of Federal 
        departments and agencies to provide information through 
        existing channels to satisfy the requirements of paragraph 
        (2)(B)(ii). The Secretary shall provide guidance on how State, 
        local, tribal, and private entities can partner with public 
        television stations to disseminate information provided by the 
        Department and shall provide information on best practices on 
        disseminating information to residents of local communities, 
        including leveraging public television stations.

``SEC. 2105. INDIVIDUAL AND COMMUNITY PREPAREDNESS FOR CHEMICAL, 
              BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR ATTACKS.

    ``(a) In General.--The Secretary, acting through the Administrator 
for the Federal Emergency Management Agency, shall assist State, local, 
and tribal authorities in improving and promoting individual and 
community preparedness and collective response to terrorist attacks 
involving chemical, biological, radiological, and nuclear materials 
against the United States by--
            ``(1) developing guidance and checklists of recommended 
        actions for individual and community prevention and 
        preparedness efforts and disseminating such guidance and 
        checklists to communities and individuals;
            ``(2) updating new and existing guidance and checklists as 
        appropriate;
            ``(3) disseminating to communities and individuals the 
        guidance developed under section 2131, as appropriate;
            ``(4) providing information and training materials in 
        support of individual and community preparedness efforts;
            ``(5) conducting individual and community preparedness 
        outreach efforts; and
            ``(6) such other actions as the Secretary determines 
        appropriate.
    ``(b) Coordination.--The Secretary shall coordinate with Federal 
departments and agencies and with private sector and nongovernmental 
organizations to promote individual and community preparedness and 
collective response to terrorist attacks involving chemical, 
biological, radiological, and nuclear materials against the United 
States.
    ``(c) Best Practices.--In compiling guidance for individual and 
community preparedness in order to carry out subsection (a)(4), the 
Secretary shall give due regard to best practices based on the 
experience of other agencies and countries and the expertise of 
academic institutions and nongovernmental organizations.

                        ``Subtitle B--Protection

``SEC. 2121. DETECTION OF BIOLOGICAL ATTACKS.

    ``(a) Program.--The Secretary shall carry out a program to detect a 
biological attack or event that poses a high risk to homeland security. 
Through such program, the Secretary shall--
            ``(1) deploy detection capabilities to areas, based on high 
        risks identified by Department assessments, to indicate the 
        presence of biological agents;
            ``(2) consider multiple deployment strategies including 
        surge capability;
            ``(3) provide information to participating laboratories and 
        programs for their use in monitoring public health, and 
        biological material or other data from those detectors to 
        participating laboratories and programs for testing and 
        evaluation;
            ``(4) regularly communicate with, and provide information 
        about the presence of biological agents to, appropriate 
        Federal, State, and local agencies responsible for public 
        health, law enforcement, and emergency services, in a manner 
        that ensures transparency with the governments served by such 
        personnel;
            ``(5) provide advanced planning tools, concepts of 
        operations (including alarm resolution protocols and response 
        guidance), standard operating procedures, and training 
        exercises (including in collaboration with relevant national 
        level exercises) for collective response to and recovery from 
        biological attacks; and
            ``(6) provide technical assistance to jurisdictions hosting 
        the program to improve their ability to respond to a detected 
        pathogen.
    ``(b) Program Requirements.--Under the program required under 
subsection (a), the Secretary shall--
            ``(1) enter into memoranda of agreement or interagency 
        agreements under the Economy Act of 1933 (31 U.S.C. 1535 et 
        seq.) with the Director of the Centers of Disease Control and 
        Prevention and the Administrator of the Environmental 
        Protection Agency, and the heads of other Federal departments 
        and agencies, setting forth roles and responsibilities, 
        including with respect to validating performance and developing 
        testing protocols for participating laboratories and 
        coordination with appropriate State, local, and tribal 
        agencies;
            ``(2) establish criteria for determining whether plans for 
        biological detector capabilities and coverage sufficiently 
        protect the United States population, and make such 
        determinations on an annual basis;
            ``(3) acting through the Under Secretary for Science and 
        Technology, and in consultation with the Director of the 
        Centers for Disease Control and Prevention, implement a process 
        for establishing assay performance standards and evaluation for 
        equivalency for biological threat assays, that--
                    ``(A) evaluates biological threat detection assays, 
                their protocols for use, and their associated response 
                algorithms for confirmation of biological threat 
                agents, taking performance measures and concepts of 
                operation into consideration;
                    ``(B) develops interagency peer-reviewed assay 
                performance and equivalency standards based on the 
                findings of the evaluation under subparagraph (A);
                    ``(C) requires implementation of the standards 
                developed under subparagraph (B) for all Department 
                biological detection programs;
                    ``(D) promotes use of such standards among all 
                other Federal biological detection programs and makes 
                them available to the private sector and other end-
                users as appropriate; and
                    ``(E) is updated as necessary;
            ``(4) prior to obligating funds to acquire biodetection 
        systems for purposes of operational testing and evaluation, 
        require--
                    ``(A) a determination of the sensitivity and 
                specificity of the currently deployed biodetection 
                system;
                    ``(B) an assessment of the sensitivity and 
                specificity of the next generation biodetection system 
                or systems under consideration for acquisition and 
                whether it meets established operational requirements;
                    ``(C) provision of all raw data to the Science and 
                Technology Directorate to enable the Under Secretary 
                to--
                            ``(i) conduct a trade-off study comparing 
                        the results of subparagraphs (A) and (B); and
                            ``(ii) perform a technical readiness 
                        assessment in accordance with section 308(b); 
                        and
                    ``(D) that the findings under subparagraph (C) 
                inform the cost-benefit analysis under paragraph (5)(A) 
                and any Departmental acquisition review board decision 
                regarding the biodetection system or systems under 
                consideration; and
            ``(5) prior to acquiring and deploying biodetection 
        technology, require--
                    ``(A) a cost-benefit analysis, including an 
                analysis of alternatives, that shall be informed by the 
                terrorism risk assessments under section 2102;
                    ``(B) operational testing and evaluation;
                    ``(C) operational assessment by the end users of 
                the technology; and
                    ``(D) the Department, other relevant executive 
                agencies, and local jurisdictions intended to host the 
                systems to agree on concepts of operations for 
                resolving alarms.
    ``(c) Contract Authority.--The Secretary may enter into contracts 
with participating laboratories and programs for--
            ``(1) the provision of laboratory services or other 
        biosurveillance activities as appropriate for purposes of this 
        section on a fee-for-service basis or on a prepayment or other 
        similar basis; and
            ``(2) administrative and other costs related to hosting 
        program personnel and equipment in these laboratories or 
        programs.
    ``(d) Definitions.--In this section:
            ``(1) The term `participating laboratory' means a 
        laboratory that has been accepted as a member of the Laboratory 
        Response Network for Biological Terrorism that--
                    ``(A) is fully equipped to detect and respond 
                quickly to acts of biological terrorism;
                    ``(B) provides biocontainment and microbiological 
                analysis in support of the Department and relevant law 
                enforcement agencies with responsibilities for 
                investigating biological incidents; and
                    ``(C) supports assay evaluation, research and 
                development.
            ``(2) The term `assay' means any scientific test that is 
        designed to detect the presence of a biological threat agent 
        that is of a type selected under criteria established by the 
        Secretary.

``SEC. 2122. RAPID BIOLOGICAL THREAT DETECTION AND IDENTIFICATION AT 
              PORTS OF ENTRY.

    ``(a) In General.--The Secretary of Homeland Security shall require 
the Under Secretary for Science and Technology, in consultation with 
the heads of other relevant operational components of the Department of 
Homeland Security, to assess whether the development of technological 
screening capabilities for biological agents, pandemic influenza, and 
other infectious diseases should be undertaken by the Directorate of 
Science and Technology to support entry and exit screening at ports of 
entry and for other homeland security purposes.
    ``(b) Development of Methods.--If the Under Secretary determines 
that the development of such screening capabilities should be 
undertaken, the Secretary shall, to the extent possible, initiate 
development of safe and effective methods to--
            ``(1) rapidly screen incoming persons at ports of entry for 
        biological agents, pandemic influenza, and other infectious 
        diseases; and
            ``(2) obtain results of such screening near the point of 
        entry.

``SEC. 2123. EVALUATING DETECTION TECHNOLOGY.

    ``To inform the purchase of detection technology, the Secretary, in 
coordination with the Director of the National Institute of Standards 
and Technology, may carry out a program to--
            ``(1) establish near-term minimum performance metrics to 
        support public safety actionable activities, based to the 
        greatest extent practicable on voluntary consensus standards, 
        to evaluate the effectiveness of detection technology for high-
        priority biological agents and toxins and high-priority 
        chemical agents;
            ``(2) establish a process for voluntary testing and 
        evaluation of technology by an accredited laboratory to 
        demonstrate conformance to such consensus standards, or 
        performance metrics if standards do not exist, for the 
        effective detection of high-priority biological agents and 
        toxins and high-priority chemical agents, including 
        incentivization for the program through potential cost sharing 
        with technology manufacturers and for SAFETY Act certification 
        or placement on the authorized equipment list, or both; and
            ``(3) with permission from the detection technology 
        manufacturer, make available to Federal departments and 
        agencies, State, territorial, local, and tribal entities, and 
        the private sector the results of detection system testing and 
        evaluation under paragraph (2).

``SEC. 2124. DOMESTIC IMPLEMENTATION OF THE GLOBAL NUCLEAR DETECTION 
              ARCHITECTURE.

    ``(a) Securing the Cities.--The Director of the Domestic Nuclear 
Detection Office shall establish and maintain a multilayered system of 
detection technologies, programs, and guidelines designed to enhance 
the Nation's ability to detect and prevent a radiological or nuclear 
attack in high-risk United States cities, as determined by the 
Secretary.
    ``(b) Surge Capabilities.--The Director shall develop a surge 
capability for radiological and nuclear detection systems that can be 
deployed within the United States rapidly in response to actionable 
intelligence or warnings, and includes procurement of appropriate 
technology, training, and exercises.
    ``(c) Integration.--The programs under subsections (a) and (b) 
shall be integrated into the Global Nuclear Detection Architecture and 
shall inform architecture studies, technology gaps, and research 
activities of the Domestic Nuclear Detection Office.

                         ``Subtitle C--Response

``SEC. 2131. FIRST RESPONDER GUIDANCE CONCERNING CHEMICAL, BIOLOGICAL, 
              RADIOLOGICAL, AND NUCLEAR ATTACKS.

    ``(a) Establishment of Voluntary Guidance.--Not later than 1 year 
after the date of the enactment of this section, the Secretary, in 
coordination with the Secretary of Health and Human Services, the 
Secretary of Agriculture, the Administrator of the Environmental 
Protection Agency, the Attorney General, and the heads of other Federal 
departments and agencies, as appropriate, shall--
            ``(1) develop for police, fire, emergency medical services, 
        emergency management, and medical and public health personnel, 
        voluntary guidance for responding to a release of chemical, 
        biological, radiological, and nuclear material;
            ``(2) make such guidance available to State, local, and 
        tribal authorities, including primary and secondary schools and 
        other educational institutions, nongovernmental organizations, 
        the private sector, and the public; and
            ``(3) in developing the guidance under paragraph (1)--
                    ``(A) review the experiences of other countries and 
                the expertise of academic institutions and 
                nongovernmental organizations; and
                    ``(B) consider the unique needs of children and 
                other vulnerable populations.
    ``(b) Contents.--The guidance developed under subsection (a)(1) 
shall be voluntary, risk-based guidance that shall include--
            ``(1) protective action guidance for ensuring the security, 
        health, and safety of emergency response providers and their 
        families and household contacts;
            ``(2) specific information regarding the effects of the 
        chemical, biological, radiological, or nuclear material on 
        those exposed to the agent; and
            ``(3) best practices for emergency response providers to 
        effectively diagnose, handle, and otherwise manage individuals 
        affected by an incident involving chemical, biological, 
        radiological, or nuclear material.
    ``(c) Review and Revision of Guidance.--The Secretary shall--
            ``(1) review the guidance developed under subsection (a)(1) 
        at least once every 2 years;
            ``(2) make revisions to the guidance as appropriate; and
            ``(3) make any revised guidance available to State, local, 
        and tribal authorities, nongovernmental organizations, the 
        private sector, and the public.
    ``(d) Procedures for Developing and Revising Guidance.--In carrying 
out the requirements of this section, the Secretary shall establish 
procedures to--
            ``(1) enable members of the first responder and first 
        provider community to submit recommendations of areas in which 
        guidance is needed and could be developed under subsection 
        (a)(1);
            ``(2) determine which entities should be consulted in 
        developing or revising the guidance;
            ``(3) prioritize, on a regular basis, guidance that should 
        be developed or revised; and
            ``(4) develop and disseminate the guidance in accordance 
        with the prioritization under paragraph (3).

``SEC. 2132. INTEGRATED PLUME MODELING FOR COLLECTIVE RESPONSE.

    ``(a) Development.--
            ``(1) In general.--The Secretary shall acquire, use, and 
        disseminate the best available integrated plume models to 
        enable rapid response activities following a chemical, 
        biological, nuclear, or radiological attack or event.
            ``(2) Scope.--The Secretary shall--
                    ``(A) identify Federal, State, and local needs 
                regarding plume models and ensure the rapid development 
                and distribution of integrated plume models that meet 
                those needs to appropriate officials of the Federal 
                Government and State, local, and tribal authorities to 
                enable immediate response to a chemical, biological, 
                radiological, or nuclear attack or event;
                    ``(B) establish mechanisms for dissemination by 
                appropriate emergency response officials of the 
                integrated plume models described in paragraph (1) to 
                nongovernmental organizations and the public to enable 
                appropriate collective response activities;
                    ``(C) ensure that guidance and training in how to 
                appropriately use such models are provided; and
                    ``(D) ensure that lessons learned from assessing 
                the development and dissemination of integrated plume 
                models during exercises administered by the Department 
                are put into the lessons learned information sharing 
                system maintained by the Department.
    ``(b) Definitions.--For purposes of this section:
            ``(1) The term `plume model' means the assessment of the 
        location and prediction of the spread of agents following a 
        chemical, biological, radiological, or nuclear attack or event.
            ``(2) The term `integrated plume model' means a plume model 
        that integrates protective action guidance and other 
        information as the Secretary determines appropriate.

``SEC. 2133. ESTABLISHMENT OF THE SYSTEM ASSESSMENT AND VALIDATION FOR 
              EMERGENCY RESPONDERS (SAVER) PROGRAM.

    ``The Secretary shall carry out a program for system assessment and 
validation of emergency response equipment at the Department, to be 
known as the `SAVER Program'. The Secretary shall ensure that such 
program--
            ``(1) conducts objective, impartial, practitioner-relevant, 
        and operationally oriented assessments and validations of 
        commercial emergency responder equipment and systems, including 
        hand-held detectors for chemical, biological, radiological, and 
        nuclear agents;
            ``(2) prioritizes such evaluation based on the technical 
        results obtained from the program established under section 
        2123, if available;
            ``(3) is supported by a network of scientists who, in 
        coordination with subject matter experts, perform the 
        assessment and validation activities using strict scientific 
        and testing protocols;
            ``(4) provides results along with other relevant equipment 
        information to the emergency response provider community in an 
        operationally useful form;
            ``(5) provides information on equipment that falls within 
        the categories listed in the Department's authorized equipment 
        list;
            ``(6) provides information that enables decision-makers and 
        responders to better select, procure, use, and maintain 
        emergency responder equipment; and
            ``(7) shares such information nationally with the emergency 
        response provider community.

``SEC. 2134. PAYMENT FOR LABORATORY RESPONSE SERVICES.

    ``In carrying out their functions, responsibilities, authorities, 
and duties to counter biological terrorism, the Secretary, the Attorney 
General, and the heads of other participating Federal agencies are 
authorized, subject to the availability of appropriations, to enter 
into contracts with laboratories that comprise the Laboratory Response 
Network for Biological Terrorism and other federally networked 
laboratories that agree to participate in such a contract, for the 
provision of laboratory testing services on a fee-for-service basis or 
on a prepayment or other similar basis. Prior to entering into such a 
contract with any laboratory in the Laboratory Response Network for 
Biological Terrorism, the Secretary, the Attorney General, or the head 
of any other participating Federal agency shall inform the Centers for 
Disease Control and Prevention.

``SEC. 2135. BIOFORENSICS CAPABILITIES.

    ``(a) Bioforensics Analysis Center.--There is authorized in the 
Department a bioforensics analysis center to provide support for law 
enforcement and intelligence-related investigations and actions to--
            ``(1) provide definitive bioforensics analysis in support 
        of the executive agencies with primary responsibilities for 
        preventing, deterring, responding to, attributing, and 
        recovering from biological attacks; and
            ``(2) undertake other related bioforensics activities.
    ``(b) Payment for Services.--The center shall charge and retain 
fees to reimburse the cost of any service provided to an executive 
agency that requested such service.
    ``(c) Detailee Program.--Subject to the availability of 
appropriations, the Secretary may implement a program under which 
executive agencies as considered appropriate by the Secretary provide 
personnel, on a reimbursable basis, to the center for the purpose of--
            ``(1) providing training and other educational benefits for 
        such stakeholders to help them to better understand the 
        policies, procedures, and laws governing national bioforensics 
        activities; and
            ``(2) bolstering the capabilities and information sharing 
        activities of the bioforensics analysis center authorized under 
        subsection (a) with national biosecurity and biodefense 
        stakeholders.

``SEC. 2136. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.

    ``(a) In General.--The Secretary shall conduct a Metropolitan 
Medical Response System Program, that shall assist State and local 
governments in preparing for and responding to public health and mass 
casualty incidents resulting from acts of terrorism, natural disasters, 
and other man-made disasters.
    ``(b) Financial Assistance.--
            ``(1) Authorization of grants.--
                    ``(A) In general.--The Secretary, through the 
                Administrator of the Federal Emergency Management 
                Agency, may make grants under this section to State and 
                local governments to assist in preparing for and 
                responding to mass casualty incidents resulting from 
                acts of terrorism, natural disasters, and other man-
                made disasters.
                    ``(B) Consultation.--In developing guidance for 
                grants authorized under this section, the Administrator 
                shall consult with the Chief Medical Officer.
            ``(2) Use of funds.--A grant made under this section may be 
        used to support the integration of emergency management, 
        health, and medical systems into a coordinated response to mass 
        casualty incidents caused by any hazard, including--
                    ``(A) to strengthen medical surge capacity;
                    ``(B) to strengthen mass prophylaxis capabilities 
                including development and maintenance of an initial 
                pharmaceutical stockpile sufficient to protect first 
                responders, their families, and immediate victims from 
                a chemical or biological event, including the 
                procurement of home medical kits that are approved 
                pursuant to the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 301 et seq.) or the Public Health Service 
                Act (42 U.S.C. 201 et seq.), as applicable;
                    ``(C) to strengthen chemical, biological, 
                radiological, nuclear, and explosive detection, 
                response, and decontamination capabilities;
                    ``(D) to develop and maintain mass triage and pre-
                hospital treatment plans and capabilities;
                    ``(E) for planning;
                    ``(F) to support efforts to strengthen information 
                sharing and collaboration capabilities of regional, 
                State, and urban areas in support of public health and 
                medical preparedness;
                    ``(G) for medical supplies management and 
                distribution;
                    ``(H) for training and exercises;
                    ``(I) for integration and coordination of the 
                activities and capabilities of public health personnel 
                and medical care providers with those of other 
                emergency response providers as well as other Federal 
                agencies, the private sector, and nonprofit 
                organizations, for the forward movement of patients; 
                and
                    ``(J) for such other activities as the 
                Administrator provides.
            ``(3) Eligibility.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), any jurisdiction that received funds 
                through the Metropolitan Medical Response System 
                Program in fiscal year 2009 shall be eligible to 
                receive a grant under this section.
                    ``(B) Additional jurisdictions.--
                            ``(i) Unrepresented states.--
                                    ``(I) In general.--Except as 
                                provided in subparagraph (C), the 
                                Administrator may make grants under 
                                this section to the metropolitan 
                                statistical area with the largest 
                                population in any State in which no 
                                jurisdiction received funds through the 
                                Metropolitan Medical Response Program 
                                in fiscal year 2009, or in which 
                                funding was received only through 
                                another State.
                                    ``(II) Limitation.--For each of 
                                fiscal years 2012 through 2014, no 
                                jurisdiction that would otherwise be 
                                eligible to receive grants under 
                                subclause (I) shall receive a grant 
                                under this section if it would result 
                                in any jurisdiction under subparagraph 
                                (A) receiving less funding than such 
                                jurisdiction received in fiscal year 
                                2009.
                            ``(ii) Other jurisdictions.--
                                    ``(I) In general.--Subject to 
                                subparagraph (C), the Administrator may 
                                determine that additional jurisdictions 
                                are eligible to receive grants under 
                                this section.
                                    ``(II) Limitation.--For each of 
                                fiscal years 2012 through 2014, the 
                                eligibility of any additional 
                                jurisdiction to receive grants under 
                                this section is subject to the 
                                availability of appropriations beyond 
                                that necessary to--
                                            ``(aa) ensure that each 
                                        jurisdiction eligible to 
                                        receive a grant under 
                                        subparagraph (A) does not 
                                        receive less funding than such 
                                        jurisdiction received in fiscal 
                                        year 2009; and
                                            ``(bb) provide grants to 
                                        jurisdictions eligible under 
                                        clause (i).
                    ``(C) Performance requirement after fiscal year 
                2012.--A jurisdiction shall not be eligible for a grant 
                under this subsection from funds available after fiscal 
                year 2012 unless the Secretary determines that the 
                jurisdiction maintains a sufficient measured degree of 
                capability in accordance with the performance measures 
                issued under subsection (c).
            ``(4) Distribution of funds.--
                    ``(A) In general.--The Administrator shall 
                distribute grant funds under this section to the State 
                in which the jurisdiction receiving a grant under this 
                section is located.
                    ``(B) Pass through.--Subject to subparagraph (C), 
                not later than 45 days after the date on which a State 
                receives grant funds under subparagraph (A), the State 
                shall provide the jurisdiction receiving the grant 100 
                percent of the grant funds, and not later than 45 days 
                after the State releases the funds, all fiscal agents 
                shall make the grant funds available for expenditure.
                    ``(C) Exception.--The Administrator may permit a 
                State to provide to a jurisdiction receiving a grant 
                under this section 97 percent of the grant funds 
                awarded if doing so would not result in any 
                jurisdiction eligible for a grant under paragraph 
                (3)(A) receiving less funding than such jurisdiction 
                received in fiscal year 2009.
            ``(5) Regional coordination.--The Administrator shall 
        ensure that each jurisdiction that receives a grant under this 
        section, as a condition of receiving such grant, is actively 
        coordinating its preparedness efforts with surrounding 
        jurisdictions, with the official with primary responsibility 
        for homeland security (other than the Governor) of the 
        government of the State in which the jurisdiction is located, 
        and with emergency response providers from all relevant 
        disciplines, as determined by the Administrator, to effectively 
        enhance regional preparedness.
    ``(c) Performance Measures.--The Administrator of the Federal 
Emergency Management Agency, in coordination with the Chief Medical 
Officer, and the National Metropolitan Medical Response System Working 
Group, shall issue performance measures within 1 year after the date of 
enactment of this section that enable objective evaluation of the 
performance and effective use of funds provided under this section in 
any jurisdiction.
    ``(d) Metropolitan Medical Response System Working Group Defined.--
In this section, the term `National Metropolitan Medical Response 
System Working Group' means--
            ``(1) 10 Metropolitan Medical Response System Program grant 
        managers, who shall--
                    ``(A) include 1 such grant manager from each region 
                of the Agency;
                    ``(B) comprise a population-based cross section of 
                jurisdictions that are receiving grant funds under the 
                Metropolitan Medical Response System Program; and
                    ``(C) include--
                            ``(i) 3 selected by the Administrator of 
                        the Federal Emergency Management Agency; and
                            ``(ii) 3 selected by the Chief Medical 
                        Officer; and
            ``(2) 3 State officials who are responsible for 
        administration of State programs that are carried out with 
        grants under this section, who shall be selected by the 
        Administrator.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated $42,000,000 to carry out the program for each of fiscal 
years 2012 through 2016.

                         ``Subtitle D--Recovery

``SEC. 2141. IDENTIFYING AND ADDRESSING GAPS IN RECOVERY CAPABILITIES.

    ``(a) Risk Assessment.--
            ``(1) Tailored risk assessment.--The Secretary, acting 
        through the Under Secretary for Science and Technology and in 
        coordination with the Administrator of the Environmental 
        Protection Agency, shall conduct tailored risk assessments to 
        inform prioritization of national recovery activities for 
        chemical, biological, radiological, and nuclear incidents, to 
        be updated as necessary.
            ``(2) Considerations.--In conducting the risk assessments 
        under paragraph (1), the Secretary shall--
                    ``(A) consult with the Secretary of Health and 
                Human Services, the Secretary of Agriculture, the 
                Secretary of the Interior, the Chairman of the Nuclear 
                Regulatory Commission, and the heads of other relevant 
                Federal departments and agencies;
                    ``(B) consider recovery of both indoor areas and 
                outdoor environments; and
                    ``(C) consider relevant studies previously prepared 
                by other Federal agencies, or other appropriate 
                stakeholders.
            ``(3) Collaboration.--Upon completion of the risk 
        assessments required by this section, the Secretary shall 
        provide the findings to the Administrator of the Environmental 
        Protection Agency and heads of other relevant Federal agencies 
        in order to inform ongoing and future work, including research 
        and guidance development, undertaken by those agencies in 
        recovery and remediation from chemical, biological, 
        radiological, or nuclear incidents.
    ``(b) Research.--The results of the risk assessment under this 
section shall inform appropriate Federal research to address the high-
risk capability gaps uncovered by each assessment.
    ``(c) Submission to Congress.--The results of each risk assessment 
shall be submitted to the appropriate congressional committees within 
30 days after completion of the assessment.

``SEC. 2142. RECOVERY FROM A CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND 
              NUCLEAR ATTACK OR INCIDENT.

    ``(a) Establishment of Guidance.--The Secretary shall develop and 
issue guidance for clean-up and restoration of indoor and outdoor 
areas, including subways and other mass transportation facilities, that 
have been exposed to chemical, biological, radiological, or nuclear 
materials. The Secretary shall develop and issue the guidance, within 
24 months after the date of enactment of this section, in consultation 
with--
            ``(1) the Secretary of Agriculture;
            ``(2) the Secretary of Commerce;
            ``(3) the Secretary of Education;
            ``(4) the Secretary of the Interior;
            ``(5) the Attorney General;
            ``(6) the Secretary of Labor;
            ``(7) the Secretary of Transportation;
            ``(8) the Secretary of Housing and Urban Development;
            ``(9) the Secretary of Health and Human Services;
            ``(10) the Secretary of Veterans Affairs;
            ``(11) the Secretary of the Treasury;
            ``(12) the Administrator of the Environmental Protection 
        Agency; and
            ``(13) the Administrator of the Small Business 
        Administration.
    ``(b) Contents.--The guidance developed under subsection (a) shall 
clarify Federal roles and responsibilities for assisting State, local, 
and tribal authorities and include risk-based recommendations for--
            ``(1) standards for effective decontamination of affected 
        sites;
            ``(2) standards for safe post-event occupancy of affected 
        sites, including for vulnerable populations such as children 
        and individuals with health concerns;
            ``(3) requirements to ensure that the decontamination 
        procedures for responding organizations do not conflict;
            ``(4) requirements that each responding organization uses a 
        uniform system for tracking costs and performance of clean-up 
        contractors;
            ``(5) maintenance of negative air pressure in buildings;
            ``(6) standards for proper selection and use of personal 
        protective equipment;
            ``(7) air sampling procedures;
            ``(8) development of occupational health and safety plans 
        that are appropriate for the specific risk to responder health; 
        and
            ``(9) waste disposal.
    ``(c) Review and Revision of Guidance.--The Secretary shall--
            ``(1) not less frequently than once every 2 years, review 
        the guidance developed under subsection (a);
            ``(2) make revisions to the guidance as appropriate; and
            ``(3) make the revised guidance available to the Federal 
        Government, State, local, and tribal authorities, 
        nongovernmental organizations, the private sector, and the 
        public.
    ``(d) Procedures for Developing and Revising Guidance.--In carrying 
out the requirements of this section, the Secretary shall establish 
procedures to--
            ``(1) prioritize issuance of guidance based on the results 
        of the risk assessment under section 2131;
            ``(2) inventory existing relevant guidance;
            ``(3) enable the public to submit recommendations of areas 
        in which guidance is needed;
            ``(4) determine which entities should be consulted in 
        developing or revising the guidance;
            ``(5) prioritize, on a regular basis, guidance that should 
        be developed or revised; and
            ``(6) develop and disseminate the guidance in accordance 
        with the prioritization under paragraph (5).
    ``(e) Consultations.--The Secretary shall develop and revise the 
guidance developed under subsection (a), and the procedures required 
under subsection (d), in consultation with--
            ``(1) the heads of other Federal departments and agencies 
        that are not required to be consulted under subsection (a), as 
        the Secretary considers appropriate;
            ``(2) State, local, and tribal authorities; and
            ``(3) nongovernmental organizations and private industry.
    ``(f) Report.--Not later than 1 year after the date of the 
enactment of this section, and annually thereafter, the Secretary shall 
provide appropriate congressional committees with--
            ``(1) a description of the procedures established under 
        subsection (d);
            ``(2) any guidance in effect on the date of the report;
            ``(3) a list of entities to which the guidance described in 
        paragraph (2) was disseminated;
            ``(4) a plan for reviewing the guidance described in 
        paragraph (2), in accordance with subsection (e);
            ``(5) the prioritized list of the guidance required under 
        subsection (d)(4), and the methodology used by the Secretary 
        for such prioritization; and
            ``(6) a plan for developing, revising, and disseminating 
        the guidance.

``SEC. 2143. EXERCISES.

    ``(a) In General.--To facilitate recovery from a chemical, 
biological, radiological, or nuclear attack or other incident involving 
chemical, biological, radiological, or nuclear materials and to foster 
collective response to terrorism, the Secretary shall develop exercises 
in consultation with State, local, and tribal authorities and other 
appropriate Federal agencies, and, as appropriate, in collaboration 
with national level exercises, including exercises that address, to the 
best knowledge available at the time, analysis, indoor environmental 
cleanup methods, and decontamination standards, including those 
published in the guidance issued under section 2142.
    ``(b) Lessons Learned for National Level Exercises.--The Secretary 
shall provide electronically, to the maximum extent practicable, 
lessons learned reports to each designated representative of State, 
local, and tribal jurisdictions and private sector entities that 
participate in National Level Exercises of the Department. Each lessons 
learned report shall be tailored to convey information on that exercise 
that could be leveraged to enhance preparedness and response.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end the following new items:

  ``TITLE XXI--WEAPONS OF MASS DESTRUCTION PREVENTION AND PREPAREDNESS

                        ``Subtitle A--Prevention

``Sec. 2101. Weapons of mass destruction intelligence and information 
                            sharing.
``Sec. 2102. Risk assessments.
``Sec. 2103. National Export Enforcement Coordination.
``Sec. 2104. Communication of threat information.
``Sec. 2105. Individual and community preparedness for chemical, 
                            biological, radiological, and nuclear 
                            attacks.

                        ``Subtitle B--Protection

``Sec. 2121. Detection of biological attacks.
``Sec. 2122. Rapid biological threat detection and identification at 
                            ports of entry.
``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.''.
    (c) Conforming Amendment.--Section 316 of the Homeland Security Act 
of 2002 (6 U.S.C. 195b), and the item relating to such section in 
section 1(b) of such Act, are repealed.
    (d) Metropolitan Medical Response Program Review.--
            (1) In general.--The Administrator of the Federal Emergency 
        Management Agency, the Chief Medical Officer of the Department 
        of Homeland Security, and the National Metropolitan Medical 
        Response System Working Group shall conduct a review of the 
        Metropolitan Medical Response System Program authorized under 
        section 2136 of the Homeland Security Act of 2002, as added by 
        this section, including an examination of--
                    (A) the extent to which the program goals and 
                objectives are being met;
                    (B) the performance metrics that can best help 
                assess whether the Metropolitan Medical Response System 
                Program is succeeding;
                    (C) how the Metropolitan Medical Response System 
                Program can be improved;
                    (D) how the Metropolitan Medical Response System 
                Program complements and enhances other preparedness 
                programs supported by the Department of Homeland 
                Security and the Department of Health and Human 
                Services;
                    (E) the degree to which the strategic goals, 
                objectives, and capabilities of the Metropolitan 
                Medical Response System Program are incorporated in 
                State and local homeland security plans;
                    (F) how eligibility for financial assistance, and 
                the allocation of financial assistance, under the 
                Metropolitan Medical Response System Program should be 
                determined, including how allocation of assistance 
                could be based on risk;
                    (G) implications for the Metropolitan Medical 
                Response System Program if it were managed as a 
                contractual agreement; and
                    (H) the resource requirements of the Metropolitan 
                Medical Response System Program.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator and the Chief Medical 
        Officer shall submit to the Committee on Homeland Security of 
        the House of Representatives and the Committee on Homeland 
        Security and Governmental Affairs of the Senate a report on the 
        results of the review under this section.
            (3) Consultation.--The Administrator of the Federal 
        Emergency Management Agency shall consult with the Secretary of 
        Health and Human Services in the implementation of paragraph 
        (1)(E).
            (4) Definition.--In this subsection the term ``National 
        Metropolitan Medical Response System Working Group'' has the 
        meaning that term has in section 2136 of the Homeland Security 
        Act of 2002, as added by this section.

SEC. 302. ENHANCING LABORATORY BIOSECURITY.

    (a) Federal Experts Security Advisory Panel.--
            (1) Panel.--
                    (A) Establishment.--The President shall establish a 
                permanent advisory panel to be known as the Federal 
                Experts Security Advisory Panel to make technical and 
                substantive recommendations on biological agent and 
                toxin security.
                    (B) Membership.--The members of the Panel--
                            (i) shall consist of the voting members 
                        appointed under subparagraph (D) and the 
                        nonvoting members appointed under subparagraph 
                        (E); and
                            (ii) except as provided in subparagraph 
                        (E), shall each be an official or employee of 
                        the Federal Government.
                    (C) Co-chairs.--The voting members of the Panel 
                appointed under clauses (i), (v), and (vi) of 
                subparagraph (D) shall serve jointly as the Co-Chairs 
                of the Panel.
                    (D) Voting members.--The voting members of the 
                Panel shall consist of 1 voting representative of each 
                of the following Government entities, appointed (except 
                with respect to the National Security Council) by the 
                head of the respective entity:
                            (i) The Department of Agriculture.
                            (ii) The Department of Commerce.
                            (iii) The Department of Defense.
                            (iv) The Department of Energy.
                            (v) The Department of Health and Human 
                        Services.
                            (vi) The Department of Homeland Security.
                            (vii) The Department of Justice.
                            (viii) The Department of Labor.
                            (ix) The Department of State.
                            (x) The Department of Transportation.
                            (xi) The Department of Veterans Affairs.
                            (xii) The Environmental Protection Agency.
                            (xiii) The National Security Council, which 
                        shall be represented by the Special Assistant 
                        to the President for Biodefense.
                            (xiv) The Office of the Director of 
                        National Intelligence.
                            (xv) Any other department or agency 
                        designated by the Co-Chairs.
                    (E) Nonvoting members.--The nonvoting members of 
                the Panel shall consist of--
                            (i) such additional representatives of the 
                        Government entities listed in subparagraph (D) 
                        as may be appointed by the heads of the 
                        respective entities; and
                            (ii) a representative of the public health 
                        laboratory community or biological laboratory 
                        community (or both).
                    (F) Administrative support.--The Secretary of 
                Health and Human Services shall provide to the Panel 
                such facilities, staff, and support services as may be 
                necessary for the Panel to carry out its 
                responsibilities under paragraph (2).
            (2) Responsibilities.--Not later than 6 months after the 
        date of the enactment of this section, the Panel shall, with 
        respect to biological agent and toxin security, deliver to the 
        Secretaries of Agriculture, Health and Human Services, and 
        Homeland Security plurality recommendations, including any 
        statements of dissent, concerning--
                    (A) the designation as highest risk of that subset 
                of biological agents and toxins listed pursuant to 
                section 351A(a)(1) of the Public Health Service Act (42 
                U.S.C. 262a(a)(1)) that presents the greatest risk of 
                deliberate misuse with significant potential for mass 
                casualties or devastating effects to the economy, 
                informed by--
                            (i) any biological or bioterrorism risk 
                        assessments conducted by the Department of 
                        Homeland Security and relevant assessments by 
                        other agencies; and
                            (ii) determinations made by the Secretary 
                        of Homeland Security pursuant to section 319F-
                        2(c)(2)(A) of such Act (42 U.S.C. 247d-
                        6b(c)(2)(A));
                    (B) the development of a set of minimum risk-based 
                prescriptive laboratory security performance standards 
                based on the risk at the lowest level, allowing for 
                enhancements as risk increases;
                    (C) the establishment of appropriate standards and 
                practices to improve vetting and monitoring of, and 
                ensure reliability of, personnel with access to highest 
                risk biological agents and toxins at facilities 
                registered under section 351A(d) of the Public Health 
                Service Act (42 U.S.C. 262a(d));
                    (D) the establishment of appropriate practices for 
                physical security and cyber security for facilities 
                that possess highest risk biological agents or toxins;
                    (E) standards for training of laboratory personnel 
                in security measures;
                    (F) other emerging policy issues relevant to the 
                security of biological agents and toxins;
                    (G) adequacy of information sharing protocols with 
                biodefense and biosecurity stakeholders; and
                    (H) any other security standards determined 
                necessary.
    (b) Revision of Rules and Regulations.--
            (1) Proposed rules.--The Secretaries of Health and Human 
        Services and Agriculture, in coordination with the Secretary of 
        Homeland Security, no later than 1 year after the date of 
        receipt of recommendations under subsection (a)(2), shall, as 
        appropriate, propose rules under section 351A of the Public 
        Health Service Act (42 U.S.C. 262a) establishing security 
        standards and procedures that are specific to highest risk 
        biological agents and toxins.
            (2) Final rules.--The Secretaries of Health and Human 
        Services and Agriculture, in coordination with the Secretary of 
        Homeland Security, no later than 24 months after the date of 
        the enactment of this section, shall promulgate final rules 
        described in paragraph (1).
    (c) Coordination of Federal Oversight.--To ensure that the Federal 
Government provides for comprehensive and effective oversight of 
biological agents and toxins security, the heads of the Government 
entities listed in subsection (a)(1)(D) shall for facilities in which 
the entity supports biological agent or toxin laboratory activities and 
by no later than 6 months after the submission of recommendations under 
subsection (a)(2), develop and implement a plan for the coordination of 
biological agents and toxins security oversight that--
            (1) articulates a mechanism for coordinated inspections of 
        and harmonized administrative practices for facilities 
        registered under section 351A(d) of the Public Health Service 
        Act (42 U.S.C. 262a(d)), pursuant to subsection (d) of this 
        section; and
            (2) ensures consistent and timely identification and 
        resolution of biological agents and toxins security and 
        compliance issues.
    (d) Common Inspection Procedures.--The heads of the entities listed 
in subsection (a)(1)(D) shall coordinate or consolidate laboratory 
inspections and ensure that such inspections are conducted using a 
common set of inspection procedures across such entities in order to 
minimize the administrative burden on such laboratory.
    (e) Inspection Reports.--Any inspection report resulting from an 
inspection described in paragraph (1) shall be available to--
            (1) each Federal agency that supports biological agent or 
        toxin laboratory activities at the laboratory that is the 
        subject of the inspection report; and
            (2) the laboratories that are the object of inspection.
    (f) Laboratory Biosecurity Information Sharing.--
            (1) Federal sharing.--The Secretaries of Health and Human 
        Services and Agriculture shall--
                    (A) develop a process for sharing of information 
                pertaining to biological agents and toxins with 
                agencies that support biological agent or toxin 
                laboratory activities, that identifies the purpose for 
                sharing, and a mechanism for securing, such 
                information;
                    (B) share relevant information pertaining to 
                biological agents and toxins, including identification 
                of laboratories possessing highest risk biological 
                agents and toxins, and compliance issues with the 
                Secretary of Homeland Security; and
                    (C) share relevant information pertaining to 
                biological agents and toxins, including identification 
                of laboratories possessing highest risk biological 
                agents and toxins, with appropriate State, local, and 
                tribal government authorities, including law 
                enforcement authorities and emergency response 
                providers.
            (2) Classified and sensitive information.--The Secretaries 
        of Agriculture and Health and Human Services shall ensure that 
        any information disseminated under this section is handled 
        consistently with--
                    (A) the authority of the Director of National 
                Intelligence to protect intelligence sources and 
                methods under the National Security Act of 1947 (50 
                U.S.C. 401 et seq.) and related procedures or similar 
                authorities of the Attorney General concerning 
                sensitive law enforcement information;
                    (B) section 552a of title 5, United States Code 
                (commonly referred to as the ``Privacy Act of 1974''); 
                and
                    (C) other relevant laws.
    (g) Definitions.--In this section:
            (1) The terms ``biological agent'' and ``toxin'' refer to a 
        biological agent or toxin, respectively, listed pursuant to 
        section 351A(a)(1) of the Public Health Service Act (42 U.S.C. 
        262(a)(1)).
            (2) The term ``highest risk'' means, with respect to a 
        biological agent or toxin, designated as highest risk as 
        described in subsection (a)(2)(A).
            (3) The term ``Panel'' means the Federal Experts Security 
        Advisory Panel under subsection (a).
            (4) The term ``State, local, and tribal'' has the same 
        meaning that term has in the Homeland Security Act of 2002 (6 
        U.S.C. 101 et seq.).

SEC. 303. DEFINITIONS.

    Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is 
amended by adding at the end the following new paragraphs:
            ``(19) The term `Intelligence Community' has the meaning 
        given that term in section 3(4) of the National Security Act of 
        1947 (50 U.S.C. 401a(4)).
            ``(20) The term `national biosecurity and biodefense 
        stakeholders' means officials from the Federal, State, local, 
        and tribal authorities and individuals from the private sector 
        who are involved in efforts to prevent, protect against, 
        respond to, and recover from a biological attack or other 
        biological incidents that may have serious health or economic 
        consequences for the United States, including wide-scale 
        fatalities or infectious disease outbreaks.''.

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

    (a) Sense of Congress.--It is the sense of Congress that the field 
of synthetic biology has the potential to facilitate enormous gains in 
fundamental discovery, public health, and biotechnological 
applications, but that it also presents inherent dual-use homeland 
security risks that must be managed.
    (b) Assessment of Risk.--Not less frequently than once every two 
years, the Secretary of Homeland Security, acting through the Under 
Secretary for Science and Technology, shall undertake a risk assessment 
of the dual-use and other risks associated with synthetic biology.
    (c) Establishment of Guidance.--Not later than six months after the 
date of the enactment of this Act, the Secretary shall develop and 
provide to the heads of all departments and agencies that fund life 
sciences research, guidance on compliance with United States laws, arms 
control agreements to which the United States is a party or signatory, 
and individual department and agency policy, including consideration 
of--
            (1) best practices for establishing a department or agency 
        process that achieves compliance for department or agency 
        research, development, or acquisition projects in the life 
        sciences;
            (2) the types of projects that should be assessed;
            (3) at what stage or stages such projects should be 
        assessed; and
            (4) means for preventing the release of homeland or 
        national security information.
    (d) Research and Development.--Based upon the findings of the risk 
assessment undertaken in accordance with subsection (b), the Under 
Secretary may conduct research into the risks and ways to mitigate such 
risks of synthetic biology, including--
            (1) determining the current capability of synthetic nucleic 
        acid providers to effectively differentiate a legitimate 
        customer from a potential terrorist or other malicious actor;
            (2) determining the current capability of synthetic nucleic 
        acid providers to effectively screen orders for sequences of 
        homeland security concern; and
            (3) making recommendations regarding screening software, 
        protocols, and other remaining capability gaps uncovered by 
        such risk assessment.

SEC. 305. DISSEMINATION OF INFORMATION ANALYZED BY THE DEPARTMENT TO 
              STATE, LOCAL, TRIBAL, AND PRIVATE ENTITIES WITH 
              RESPONSIBILITIES RELATING TO HOMELAND SECURITY.

    Section 201(d)(8) of the Homeland Security Act of 2002 (6 U.S.C. 
121(d)(8)) is amended by striking ``and to agencies of State'' and all 
that follows and inserting ``to State, local, tribal, and private 
entities with such responsibilities, and, as appropriate, to the 
public, in order to assist in preventing, deterring, or responding to 
acts of terrorism against the United States.''.

                    TITLE IV--PUBLIC HEALTH MATTERS

SEC. 401. SENSE OF CONGRESS REGARDING FEDERAL COORDINATION ON MEDICAL 
              COUNTERMEASURES.

    It is the sense of Congress that--
            (1) 10 years after the terrorist attacks of September 11, 
        2001, and 7 years after enactment of the Project BioShield Act 
        of 2004 (Public Law 108-276), coordination among Federal 
        agencies involved in activities relating to researching, 
        developing, and acquiring medical countermeasures still needs 
        improvement; and
            (2) aggressive action should be taken by the Department of 
        Health and Human Services (in particular, the heads of the 
        National Institutes of Health, the Biomedical Advanced Research 
        and Development Authority, the Centers for Disease Control and 
        Prevention, and the Food and Drug Administration), the 
        Department of Homeland Security, and the Department of Defense 
        to foster greater coordination with respect to such activities, 
        including adoption of an interagency agreement that sets forth 
        the relative areas of responsibility with respect to 
        establishing medical countermeasure requirements and 
        researching, developing, and acquiring medical countermeasures 
        to meet those requirements.

SEC. 402. NATIONAL MEDICAL COUNTERMEASURE DISPENSING STRATEGY.

    Title III of the Public Health Service Act is amended by inserting 
after section 319F-4 (42 U.S.C. 247d-6e) the following:

``SEC. 319F-5. NATIONAL MEDICAL COUNTERMEASURE DISPENSING STRATEGY.

    ``(a) Definitions.--In this section--
            ``(1) the term `dispense' means to provide medical 
        countermeasures to an affected population in response to a 
        threat or incident; and
            ``(2) the term `medical countermeasure' means a qualified 
        countermeasure (as defined in section 319F-1(a)(2)).
    ``(b) Strategy.--
            ``(1) In general.--The Secretary, in coordination with the 
        Secretary of Homeland Security, the Secretary of Agriculture, 
        and other appropriate Federal agencies, shall develop, 
        implement, and, as appropriate, periodically update a National 
        Medical Countermeasure Dispensing Strategy to enhance 
        preparedness and collective response to a terrorist attack on 
        humans or animals with any chemical, biological, radiological, 
        or nuclear material, that delineates Federal, State, and local 
        responsibilities.
            ``(2) Considerations.--The strategy shall be sufficiently 
        flexible to meet the unique needs of different communities, 
        including first responders, and shall consider--
                    ``(A) a variety of options for dispensing medical 
                countermeasures, including to individuals, schools, 
                universities, hospitals, and elderly care facilities;
                    ``(B) post-incident requirements for emergency use 
                authorizations before countermeasures can be 
                distributed legally;
                    ``(C) the inclusion of locally held caches of 
                countermeasures in event-specific authorizations 
                covering federally held countermeasures of the same 
                type; and
                    ``(D) distribution to the public of home medical 
                kits for personal stockpiling purposes, within 30 days 
                after a domestic or international bioterrorist attack 
                resulting in human infection.
    ``(c) Coordination.--The Secretary shall coordinate with the 
Administrator of the Federal Emergency Management Agency, State, local, 
and tribal authorities, representatives from the private sector, and 
nongovernmental organizations on the National Medical Countermeasures 
Dispensing Strategy.
    ``(d) Report.--Not later than 1 year after the date of the 
enactment of this section, the Secretary shall submit the National 
Medical Countermeasures Dispensing Strategy to the appropriate 
congressional committees.''.

SEC. 403. NATIONAL PRE-EVENT VACCINATION AND ANTIMICROBIAL DISPENSING 
              POLICY REVIEW.

    (a) Requirement.--The Secretary of Health and Human Services, in 
coordination with the Secretary of Homeland Security and the Secretary 
of Agriculture, shall review the adequacy of domestic vaccination and 
antimicrobial dispensing policy, guidance, and information provided to 
the public in light of any known terrorist risk of a biological attack 
or other phenomena that may have serious health consequences for the 
United States, including wide-scale fatalities or infectious disease 
outbreaks including outbreaks associated with the avian flu. In 
carrying out the review under this section, the Secretary shall 
consider--
            (1) terrorism risk assessments under section 2102 of the 
        Homeland Security Act of 2002, as amended by this Act, and 
        material threat assessments and determinations under the 
        Project Bioshield Act of 2004 (Public Law 108-276) and the 
        amendments made by that Act;
            (2) reports on global trends and intelligence produced by 
        the Office of the Director of National Intelligence and the 
        Intelligence Community regarding biological threats;
            (3) the availability of federally provided vaccines and 
        antimicrobials to dispense to first responders and the public, 
        on a voluntary basis, in anticipation of a biological attack;
            (4) applicability of Federal shelf-life extension programs 
        to locally held stockpiles of medical countermeasures, to the 
        extent that information on local stockpiles is available;
            (5) making expiring products available to appropriate 
        international organizations or foreign partners once the 
        requests of domestic stakeholders have been fulfilled;
            (6) the implications of pre-event vaccination and 
        antimicrobial dispensing to livestock; and
            (7) mechanisms to increase coordination between the 
        Strategic National Stockpile established under section 319F-2 
        of the Public Health Service Act (42 U.S.C. 247D-6b) and the 
        National Veterinary Stockpile that would enhance vaccination 
        and dispensing capabilities.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Health and Human Services shall report to 
the appropriate congressional committees on the review required by 
subsection (a), together with any recommendations relating to the 
availability of domestic vaccine and antimicrobials for disbursing to 
the public and voluntary immunization by first responders.

SEC. 404. MANAGEMENT OF SHORT SHELF LIFE VACCINE AND ANTIMICROBIAL 
              STOCKPILES.

    The Secretary of Health and Human Services shall make available 
surplus vaccines and antimicrobials, and vaccines and antimicrobials 
with short shelf lives, from the strategic national stockpile under 
section 319F-2(a) of the Public Health Service Act (42 U.S.C. 247d-
6b(a)) to State, local, and tribal first responders, including health 
care responders, for administration to such responders who voluntarily 
consent to such administration, and shall--
            (1) establish any necessary logistical and tracking systems 
        to facilitate making such vaccines and antimicrobials so 
        available; and
            (2) distribute disclosures regarding associated risks to 
        end users.

SEC. 405. MATERIAL THREAT DETERMINATIONS REVIEWS.

    Section 319F-2(c)(2)(A) of the Public Health Service Act (42 U.S.C. 
Sec 247d-6b(c)(2)(A)) is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) by redesignating clause (ii) as clause (iii);
            (3) by inserting after clause (i) the following:
                            ``(ii) establish criteria for the issuance 
                        of a material threat determination;'';
            (4) in clause (iii), as so redesignated, by striking the 
        period at the end and inserting ``; and''; and
            (5) by adding at the end the following:
                            ``(iv) review and reassess determinations 
                        under clause (iii) to determine whether agents 
                        continue to present a material threat against 
                        the United States population sufficient to 
                        affect national security and homeland 
                        security.''.

SEC. 406. BACKGROUND CHECKS.

    Section 351A(e)(3)(A) of the Public Health Service Act (42 U.S.C. 
262a(e)(3)(A)) is amended by adding at the end the following: ``In 
identifying whether an individual is within a category specified in 
subparagraph (B)(ii)(II), the Attorney General shall consult with the 
Secretary of Homeland Security, the Secretary of Defense, and the 
Secretary of State to determine whether these officials possess any 
information relevant to the identification of such an individual by the 
Attorney General.''.

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

    In this title, the term ``State, local, and tribal'' has the same 
meaning that term has in the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.).

                   TITLE V--FOREIGN RELATIONS MATTERS

SEC. 501. INTERNATIONAL ENGAGEMENT TO ENHANCE BIODEFENSE AND LABORATORY 
              BIOSECURITY.

    The Secretary of State, in consultation with the Special Assistant 
to the President for Biodefense, and the heads of appropriate Federal 
agencies, shall, as appropriate--
            (1) support efforts of other countries to establish and 
        build capacity to effectively implement legislation 
        criminalizing the development or use of biological weapons or 
        acts of bioterrorism;
            (2) engage other countries and international 
        nongovernmental entities to develop and establish common 
        standards, guidance, and best practices for actions relevant to 
        preventing acts of bioterrorism and the illicit use of life 
        sciences;
            (3) support the efforts of other countries to enhance 
        biosecurity and safety practices at laboratories and other 
        facilities with materials that could be used in biological 
        weapons or in an act of bioterrorism;
            (4) promote the development and adoption of international 
        guidance for the safety and security of high-risk pathogens and 
        toxins; and
            (5) promote information sharing relating to threats and 
        best practices between the intelligence community, Federal law 
        enforcement, and international law enforcement and security 
        officials.

SEC. 502. INTERNATIONAL COLLABORATION AND INFORMATION SHARING RELATING 
              TO BIOSECURITY.

    The Secretary of State, in consultation with the Secretary of 
Homeland Security, the Secretary of Agriculture, the Secretary of 
Health and Human Services, and the heads of other appropriate Federal 
agencies, shall, as appropriate--
            (1) support efforts in other countries and regions to 
        develop mechanisms and capabilities for reporting to United 
        Nations organizations validated data on biological attacks or 
        other phenomena that may have serious health consequences for 
        the United States, including wide-scale fatalities or 
        infectious disease outbreaks;
            (2) engage other Federal and nongovernmental entities and 
        other countries to advance awareness and understanding of the 
        risk posed by information derived from the life sciences that 
        has the potential for misuse to cause harm, and advance 
        recommendations on how best to address such risk;
            (3) engage such entities and countries to promote greater 
        awareness and understanding of the global availability of and 
        access to life science technologies and materials; and
            (4) promote the development and use of mechanisms for 
        reporting, preserving, and sharing data on Federal programs and 
        investments in international scientific, agricultural, medical, 
        and public health collaborations in support of efforts to 
        enhance global biosecurity.

SEC. 503. INTERAGENCY TASK FORCE ON BEST PRACTICES FOR GLOBAL 
              BIOPREPAREDNESS.

    (a) Sense of Congress.--It is the sense of Congress that 
preparedness for a chemical, biological, radiological, or nuclear 
incident must be undertaken not only domestically but also 
internationally. Specifically, there is a need for a global 
preparedness architecture for such an event. Congress supports efforts 
to provide an international forum for discussion of key health security 
policies with international dimensions, and the establishment of a 
formal United States interagency task force to develop best practices 
and recommendations for implementation of a global preparedness 
architecture could enhance global preparedness.
    (b) Establishment of Task Force.--The Secretary of State shall 
convene and lead an interagency task force to examine--
            (1) the state of global biopreparedness for a major 
        biological event;
            (2) necessary components of a global biopreparedness 
        architecture that would advance international health security, 
        including considerations of--
                    (A) risk assessments;
                    (B) prevention;
                    (C) protection;
                    (D) regional stockpiling of medical 
                countermeasures, including considerations of--
                            (i) security of the stockpile;
                            (ii) preservation of the stockpile through 
                        effective detection and diagnosis, shelf life 
                        extension programs, and other means;
                            (iii) delivery planning; and
                            (iv) legal considerations for implementing 
                        such an architecture;
                    (E) response and attribution;
                    (F) other elements that should be a component of 
                such an architecture; and
                    (G) obstacles to implementing such an architecture;
            (3) best practices for preparedness based on lessons 
        learned from domestic efforts to address the above issues, and 
        that may be applicable internationally;
            (4) activities undertaken through the National Intelligence 
        Strategy for Countering Biological Threats developed under 
        section 202 and the International Health Regulations 2005, as 
        well as other activities deemed relevant by the task force; and
            (5) the utility of working through existing international 
        forums as a mechanism for distributing this information to the 
        international community.
    (c) Membership.--Members of the task force shall include 
representatives from--
            (1) the Department of Homeland Security;
            (2) the Department of Health and Human Services, including 
        the Centers for Disease Control and Prevention;
            (3) the Department of Agriculture;
            (4) the Department of Defense;
            (5) the Department of Justice;
            (6) the Department of State;
            (7) the Director of National Intelligence;
            (8) other Federal departments and agencies, as determined 
        appropriate by the Secretary; and
            (9) national biosecurity and biodefense stakeholder 
        community, including from the pharmaceutical and biotechnology 
        industries, and the diagnostic laboratory community, as 
        determined by the Secretary.
    (d) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit to the appropriate 
congressional committees a report on the findings of the task force 
established under this section.

SEC. 504. BIOLOGICAL AND TOXIN WEAPONS CONVENTION.

    The Secretary of State shall--
            (1) promote confidence in effective implementation of and 
        compliance with the Convention on the Prohibition of the 
        Development, Production and Stockpiling of Bacteriological 
        (Biological) and Toxin Weapons and on their Destruction 
        (commonly referred to as the ``Biological and Toxin Weapons 
        Convention'') by the States party to the Convention by 
        promoting transparency with respect to legitimate activities 
        and pursuing compliance diplomatically to address concerns;
            (2) promote universal membership in the Convention;
            (3) develop an action plan for increasing international 
        adherence to the Convention; and
            (4) ensure that United States participation in Convention 
        meetings is broadly inclusive of representatives of relevant 
        Federal departments and agencies.
                                                 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 to prevent, protect 
 against, respond to, and recover from an attack with a weapon of mass 
                  destruction, and for other purposes.

_______________________________________________________________________

                           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
```