under subparagraph (A), the Secretary, in co-
ordination with the Secretary of Homeland Se-
curity, shall consider— 
‘‘(i) whether the agent or toxin has 
clear potential to be used effectively in a 
biological attack that causes significant 
casualties; 
‘‘(ii) information available from any 
biological or bioterrorism risk assessments 
conducted by the Department of Homeland 
Security or relevant assessments by other 
agencies; and 
‘‘(iii) such other criteria and informa-
tion that the Secretary determines appro-
priate and relevant. 
‘‘(C) INCLUSION OF AGENTS AND TOXINS 
NOT PREVIOUSLY LISTED.—All agents or toxins 
designated by the Secretary as Tier I agents 
shall be included on the list maintained by the 
Secretary pursuant to paragraph (1). 
‘‘(D) EVALUATION OF TIER I AGENTS.— 
The Secretary, in coordination with the Sec-
retary of Homeland Security, shall— 
‘‘(i) on an ongoing basis, consider the 
inclusion of additional agents or toxins on 
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the list of Tier I agents, as appropriate; 
and 
‘‘(ii) at least biennially, review the list 
of Tier I agents to determine whether any 
agents or toxins should be removed from 
the list.’’; and 
(3) in paragraph (3), as so redesignated, by 
striking ‘‘list under paragraph (1)’’ and inserting 
‘‘lists under paragraphs (1) and (2)’’. 
(b) AMENDMENTS TO THE AGRICULTURAL BIOTER-
RORISM PROTECTION ACT OF 2002.—Section 212(a) of 
the Agricultural Bioterrorism Protection Act of 2002 (7 
U.S.C. 8401(a)) is amended— 
(1) by redesignating paragraph (2) as para-
graph (3); 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) TIER I AGENTS.— 
‘‘(A) DESIGNATION OF TIER I AGENTS.— 
Not later than 180 days after the date of enact-
ment of the Weapons of Mass Destruction Pre-
vention and Preparedness Act of 2010, the Sec-
retary, in coordination with the Secretary of 
Homeland Security, shall by regulation des-
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ignate as ‘Tier I agents’ those agents and tox-
ins— 
‘‘(i) for which the Secretary of Home-
land Security has issued a Material Threat 
Determination under section 319F–2(c)(2) 
of the Public Health Service Act (42 
U.S.C. 247d–6b(c)(2)) regarding the agent 
or toxin, unless the Secretary of Agri-
culture determines, in coordination with 
the Secretary of Homeland Security, that 
such designation is unwarranted; or 
‘‘(ii) that meet the criteria under sub-
paragraph (B). 
‘‘(B) CRITERIA.—In determining whether 
to designate an agent or toxin as a Tier I agent 
under subparagraph (A), the Secretary, in co-
ordination with the Secretary of Homeland Se-
curity, shall consider— 
‘‘(i) whether the agent or toxin has 
clear potential to be used effectively in a 
biological attack that causes catastrophic 
consequences; 
‘‘(ii) information available from any 
biological or bioterrorism risk assessments 
conducted by the Department of Homeland 
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Security or relevant assessments by other 
agencies; and 
‘‘(iii) such other criteria and informa-
tion that the Secretary determines appro-
priate and relevant. 
‘‘(C) INCLUSION OF AGENTS AND TOXINS 
NOT PREVIOUSLY LISTED.—All agents or toxins 
designated by the Secretary as Tier I agents 
shall be included on the list maintained by the 
Secretary pursuant to paragraph (1). 
‘‘(D) EVALUATION OF TIER I AGENTS.— 
The Secretary, in coordination with the Sec-
retary of Homeland Security, shall— 
‘‘(i) on an ongoing basis, consider the 
inclusion of additional agents or toxins on 
the list of Tier I agents, as appropriate; 
and 
‘‘(ii) at least biennially, review the list 
of Tier I agents to determine whether any 
agents or toxins should be removed from 
the list.’’; and 
(3) by striking ‘‘list under paragraph (1)’’ and 
inserting ‘‘lists under paragraphs (1) and (2)’’. 
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SEC. 102. ENHANCED BIOSECURITY MEASURES. 
(a) IN GENERAL.—Title III of the Homeland Secu-
rity Act (6 U.S.C. 181 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 318. ENHANCED BIOSECURITY MEASURES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) LISTED AGENT.—The term ‘listed agent’ 
means an agent or toxin included on— 
‘‘(A) the list established and maintained by 
the Secretary of Health and Human Services 
under section 351A(a)(1) of the Public Health 
Service Act (42 U.S.C. 262a(a)(1)); or 
‘‘(B) the list established and maintained by 
the Secretary of Agriculture under section 
212(a)(1) of the Agricultural Bioterrorism Pro-
tection Act of 2002 (7 U.S.C. 8401(a)(1)). 
‘‘(2) PERSON.—The term ‘person’ has the 
meaning given that term in section 351A(l)(6) of the 
Public Health Service Act (42 U.S.C. 262a(l)(6)). 
‘‘(3) TIER I AGENT.—The term ‘Tier I agent’ 
means an agent or toxin designated as a Tier I 
agent under section 351A(a)(2) of the Public Health 
Service Act (42 U.S.C. 262a(a)(2)) or section 
212(a)(2) of the Agricultural Bioterrorism Protec-
tion Act of 2002 (7 U.S.C. 8401(a)(2)). 
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