‘‘(1) the recommendations of the Commission 
on the Prevention of Weapons of Mass Destruction 
Proliferation and Terrorism (established under sec-
tion 1851 of the Implementing Recommendations of 
the 9/11 Commission Act of 2007 (Public Law 110– 
53; 121 Stat. 501)), the National Science Advisory 
Board for Biosecurity (established under section 205 
of the Pandemic and All-Hazards Preparedness Act 
(Public Law 109–417; 120 Stat. 2851)), the Trans- 
Federal Task Force on Optimizing Biosafety and 
Biocontainment Oversight, and any working group 
established under Executive Order 13486 (74 Fed. 
Reg. 2289) relating to strengthening laboratory bio-
security; and 
‘‘(2) how any disincentives to biological re-
search arising from enhanced biosecurity measures 
can be minimized. 
‘‘(f) IMPLEMENTATION OF ENHANCED BIOSECURITY 
MEASURES.— 
‘‘(1) ENFORCEMENT.—The Secretary, in con-
sultation as appropriate with the Secretary of 
Health and Human Services and the Secretary of 
Agriculture, shall enforce the standards promulgated 
under subsection (b). 
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‘‘(2) TRAINING PROGRAMS.—The Secretary of 
Health and Human Services, in consultation with 
the Secretary, shall develop or approve training pro-
grams that meet the standards promulgated under 
subsection (b). 
‘‘(3) HARMONIZATION OF REGULATIONS.— 
‘‘(A) 
REGULATIONS
UNDER
PUBLIC 
HEALTH
SERVICE
ACT.—Not later than 120 
days after the Secretary promulgates regula-
tions or amendments thereto pursuant to this 
section, the Secretary of Health and Human 
Services shall amend regulations promulgated 
under the Select Agent Program under section 
351A(b)(1) of the Public Health Service Act 
(42 U.S.C. 262a(b)(1)) to ensure that such reg-
ulations do not overlap or conflict with the reg-
ulations promulgated by the Secretary under 
this section. 
‘‘(B) REGULATIONS UNDER AGRICULTURE 
BIOTERRORISM PROTECTION ACT OF 2002.—Not 
later than 120 days after the Secretary promul-
gates regulations or amendments thereto pursu-
ant to this section, the Secretary of Agriculture 
shall amend regulations promulgated under the 
Select Agent Program under section 212(b)(1) 
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of the Agricultural Bioterrorism Protection Act 
of 2002 (7 U.S.C. 8401(b)(1)) to ensure that 
such regulations do not overlap or conflict with 
the regulations promulgated by the Secretary 
under this section. 
‘‘(4) PENALTIES.— 
‘‘(A) CIVIL MONEY PENALTY.—In addition 
to any other penalties that may apply under 
law, any person who violates any provision of 
regulations promulgated under subsection (b) 
shall be subject to a civil money penalty in an 
amount not exceeding $250,000 in the case of 
an individual and $500,000 in the case of any 
other person that possesses, uses, or transfers 
a Tier I agent. 
‘‘(B) INTERMEDIATE SANCTIONS.— 
‘‘(i) IN
GENERAL.—If the Secretary 
determines that a person has violated any 
provision of regulations promulgated under 
this section, the Secretary may impose in-
termediate sanctions in lieu of the actions 
authorized by subsection (A). 
‘‘(ii) TYPES OF SANCTIONS.—The in-
termediate sanctions which may be im-
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posed under paragraph (1) shall consist 
of— 
‘‘(I) directed plans of correction; 
‘‘(II) civil money penalties in an 
amount not to exceed $10,000 for 
each violation of, or for each day of 
substantial noncompliance with, the 
regulations promulgated under this 
section; 
‘‘(III) payment for the costs of 
onsite monitoring; or 
‘‘(IV) any combination of the ac-
tions described in subclauses (I), (II), 
and (III). 
‘‘(C) SUSPENSION
OF
RESEARCH
AND 
FUNDING.— 
‘‘(i) IN
GENERAL.—If the Secretary 
determines that a person has violated any 
provision of the regulations promulgated 
under subsection (b) and that the violation 
has endangered security, the Secretary 
may suspend the authority of the person to 
possess, use, or transfer Tier I agents until 
the violation has been remedied. 
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‘‘(ii) NOTICE.—If the Secretary sus-
pends the authority of a person to possess, 
use, or transfer Tier I agents under clause 
(i), the Secretary shall notify each execu-
tive agency that provides funding for re-
search on Tier I agents by the person. 
‘‘(iii) SUSPENSION.—If the head of an 
executive agency receives notice under 
clause (ii), the head of the executive agen-
cy may suspend the provision of funds to 
the person for research on Tier I agents. 
‘‘(iv) RULE
OF
CONSTRUCTION.— 
Nothing in this subparagraph shall be con-
strued to limit or modify the authority to 
suspend the authority of a person to pos-
sess, use, or transfer Tier I agents, or to 
suspend funding for research under any 
other provision of law. 
‘‘(D) PROCEDURES.—The Secretary shall 
develop and implement procedures with respect 
to when and how penalties or intermediate 
sanctions are to be imposed under this para-
graph. Such procedures shall provide for notice 
to the person, a reasonable opportunity to re-
spond to the proposed penalty or intermediate 
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