I 
111TH CONGRESS 
2D SESSION 
H. R. 5498 
To enhance homeland security by improving efforts to prevent, deter, prepare 
for, detect, attribute, respond to, and recover from an attack with a 
weapon of mass destruction, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 10, 2010 
Mr. PASCRELL (for himself, Mr. KING of New York, Mr. THOMPSON of Mis-
sissippi, Ms. CLARKE, and Mr. DANIEL E. LUNGREN of California) intro-
duced the following bill; which was referred to the Committee on Home-
land Security, and in addition to the Committees on Energy and Com-
merce, Agriculture, Transportation and Infrastructure, Foreign Affairs, 
and Select Intelligence (Permanent Select), for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To enhance homeland security by improving efforts to pre-
vent, deter, prepare for, detect, attribute, 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 Representa-
tives 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 2010’’. 
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(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—INTELLIGENCE MATTERS 
Sec. 101. National intelligence strategy for countering the threat from weapons 
of mass destruction. 
Sec. 102. National intelligence strategy for countering biological threats. 
TITLE II—HOMELAND SECURITY MATTERS 
Sec. 201. Weapons of mass destruction prevention and preparedness. 
Sec. 202. Definitions. 
Sec. 203. Dual-use terrorist risks from synthetic genomics. 
Sec. 204. Dissemination of information analyzed by the Department to State, 
local, tribal, and private entities with responsibilities relating to 
homeland security. 
Sec. 205. National Biosurveillance Integration Center (NBIC). 
Sec. 206. Deadline for completion of methods to rapidly screen travelers at 
ports of entry. 
Sec. 207. Report on establishment of the system assessment and validation for 
emergency responders (SAVER) program. 
Sec. 208. National Academy of Sciences study of forensic science in homeland 
security. 
Sec. 209. Harmonization of regulations. 
Sec. 210. Communications planning for weapons of mass destruction informa-
tion dissemination. 
Sec. 211. Report on recovery from chemical, biological, radiological, and nuclear 
attacks. 
TITLE III—PUBLIC HEALTH MATTERS 
Sec. 301. National medical countermeasure dispensing strategy. 
Sec. 302. Material threat assessments and determinations. 
Sec. 303. National pre-event vaccination and antimicrobial dispensing policy re-
view. 
Sec. 304. Designation of tier I material threat agents. 
Sec. 305. Background checks. 
Sec. 306. Biotechnology research, development, and procurement. 
TITLE IV—FOREIGN RELATIONS MATTERS 
Sec. 401. International collaboration and information sharing relating to bio-
security. 
Sec. 402. International engagement to enhance biodefense and biosecurity. 
Sec. 403. Interagency task force on best practices for global biopreparedness. 
Sec. 404. Biological and Toxin Weapons Convention. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Homeland Secu-
rity of the House of Representatives and any com-
mittee 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 ‘‘weapon of mass destruction’’ has 
the meaning given that term in section 1403(1) of 
the Defense Against Weapons of Mass Destruction 
Act of 1996 (50 U.S.C. 2302). 
(3) The term ‘‘Intelligence Community’’ has the 
meaning given that term in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 401a(4)). 
(4) The term ‘‘national biosecurity and bio-
defense stakeholders’’ means officials from the Fed-
eral, State, local, and tribal authorities and individ-
uals from the private sector who are involved in ef-
forts to prevent, deter, prepare for, detect, attribute, 
respond, and recover from a biological attack or 
other phenomena that may have serious health con-
sequences for the United States, including wide-scale 
fatalities or infectious disease outbreaks. 
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TITLE I—INTELLIGENCE 
MATTERS 
SEC. 101. NATIONAL INTELLIGENCE STRATEGY FOR COUN-
TERING 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 appro-
priate Federal departments and agencies, shall de-
velop and implement— 
(A) a strategy designed to improve the ca-
pabilities of the United States to collect, ana-
lyze, and disseminate intelligence related to 
weapons of mass destruction; and 
(B) a plan to implement such strategy. 
(2) TITLE.—The strategy required under para-
graph (1) shall be known as the ‘‘National Intel-
ligence Strategy for Countering the Threat from 
Weapons of Mass Destruction’’. 
(b) CONTENTS.—The strategy required under sub-
section (a) shall— 
(1) include methods for the recruitment, train-
ing, and retention of a workforce with expertise in 
the collection, analysis, and dissemination of intel-
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ligence related to all types of weapons of mass de-
struction and science and technology related to 
weapons of mass destruction, as well as expertise in 
science and technology relating to threats posed by 
weapons of mass destruction; 
(2) include methods for collaboration, as appro-
priate, with individuals with the expertise described 
in paragraph (1) who are not employed by the Fed-
eral Government; 
(3) identify and address domestic needs for 
analysis and collection including the development of 
innovative human and technical intelligence collec-
tion capabilities and techniques; and 
(4) address each type of weapon of mass de-
struction as necessary and appropriate. 
(c) IMPLEMENTATION PLAN.—The plan for imple-
menting the strategy required under subsection (a) shall 
include— 
(1) actions necessary to increase the effective-
ness and efficiency of the sharing of intelligence on 
weapons of mass destruction throughout the Intel-
ligence Community, including a description of statu-
tory, regulatory, policy, technical, security, or other 
barriers that prevent such sharing, and, as appro-
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priate, the development of uniform standards across 
the Intelligence Community for such sharing; 
(2) methods to disseminate intelligence prod-
ucts to national biodefense stakeholders in unclassi-
fied formats to increase the effectiveness and effi-
ciency of the sharing of information; 
(3) actions necessary to provide open-source in-
telligence relating to weapons of mass destruction 
to— 
(A) appropriate Federal departments and 
agencies; 
(B) State, local, and tribal governments; 
and 
(C) private entities; 
(4) specific objectives to be accomplished, with 
corresponding schedule, for each year of the five- 
year period that begins on the date on which the 
strategy is submitted to the appropriate congres-
sional 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; 
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(5) assignments of roles and responsibilities to 
elements of the Intelligence Community to imple-
ment the strategy; and 
(6) a schedule for assessment of the effective-
ness and efficiency of the strategy, including 
metrics. 
(d) COORDINATION.—The Director of National Intel-
ligence shall, as the Director considers appropriate, coordi-
nate with State, local, and tribal government officials, pri-
vate sector, and nongovernmental organizations in the de-
velopment of the National Intelligence Strategy for Coun-
tering the Threat from Weapons of Mass Destruction. 
(e) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Director of National In-
telligence, in consultation with the Secretary of Homeland 
Security, shall submit to the appropriate congressional 
committees the strategy and plan required under sub-
section (a). 
SEC. 102. NATIONAL INTELLIGENCE STRATEGY FOR COUN-
TERING BIOLOGICAL THREATS. 
(a) STRATEGY.— 
(1) DEVELOPMENT.—The Director of National 
Intelligence, in consultation with the Secretary of 
Homeland Security and the heads of other appro-
priate Federal departments and agencies, shall de-
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velop and implement a strategy and a plan for im-
plementing the strategy that is integrated into the 
National Intelligence Strategy for Countering the 
Threat from Weapons of Mass Destruction, as re-
quired under this title. 
(2) TITLE.—The strategy required under para-
graph (1) shall be known as the ‘‘National Intel-
ligence Strategy for Countering Biological Threats’’. 
(b) CONTENTS.—The strategy required under sub-
section (a) shall— 
(1) include a plan for establishing in the Intel-
ligence Community a cadre of— 
(A) collectors and analysts in all agencies 
in the Intelligence Community that are familiar 
with biological threats, biological science, and 
biotechnology; 
(B) biological scientists; 
(C) biotechologists; and 
(D) experts with knowledge of the current 
state of technologies that could be used to de-
velop a weapon of mass destruction; 
(2) include a plan for defining the functions, 
capabilities, and gaps with respect to addressing the 
risk of a weapon of mass destruction attack in the 
intelligence workforce; 
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(3) identify strategies to recruit, retain, and 
protect such workforce from workplace exposures to 
biological agents in the conduct of the duties of such 
workforce; 
(4) include methods for collaboration, as appro-
priate, with individuals with expertise described in 
paragraph (1) who are not employed by the Federal 
Government; 
(5) address domestic and international needs 
for analysis and collection; 
(6) include a plan for defining, integrating, fo-
cusing, and enhancing existing capabilities in the In-
telligence Community dedicated to current tactical 
and strategic biological threats; and 
(7) 
include 
a 
plan 
for 
ensuring 
the 
prioritization and sustained commitment of intel-
ligence 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 ef-
fectiveness and efficiency of the sharing of intel-
ligence throughout the Intelligence Community on 
biological weapons and organisms that could be used 
for biological terrorism, including a description of 
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statutory, regulatory, policy, technical, security, or 
other barriers that prevent such sharing, and, as ap-
propriate, the development of uniform standards 
across the Intelligence Community for such sharing; 
(2) address strategic and tactical human intel-
ligence, measurement and signature intelligence, 
technical intelligence, medical intelligence, and open- 
source intelligence activities necessary to implement 
the strategy; 
(3) identify specific objectives to be accom-
plished during each year of the five-year period that 
begins on the date on which the strategy is sub-
mitted 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 effective-
ness and efficiency of the strategy, including 
metrics; and 
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(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 one year after the date 
of the enactment of this Act, the Director of National In-
telligence, in consultation with the Secretary of Homeland 
Security, shall submit to the appropriate congressional 
committees the strategy and plan required under sub-
section (a). 
TITLE II—HOMELAND SECURITY 
MATTERS 
SEC. 201. 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: 
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‘‘TITLE XXI—WEAPONS OF MASS 
DESTRUCTION 
PREVENTION 
AND PREPAREDNESS 
‘‘Subtitle A—Prevention and 
Deterrence 
‘‘SEC. 2101. WEAPONS OF MASS DESTRUCTION INTEL-
LIGENCE AND INFORMATION SHARING UNIT. 
‘‘(a) IN GENERAL.—There is established in the Office 
of Intelligence and Analysis of the Department a unit for 
weapons of mass destruction intelligence and information 
sharing. The unit shall conduct intelligence and informa-
tion sharing activities consistent with the National Intel-
ligence Strategy for Countering the Threat from Weapons 
of Mass Destruction under section 101 of the WMD Pre-
vention and Preparedness Act of 2010 and the National 
Intelligence Strategy for Countering Biological Threats 
under section 102 of that Act and shall— 
‘‘(1) evaluate and establish a baseline of ter-
rorist actors, their claims, and their plans to conduct 
attacks involving chemical, biological, radiological, 
and nuclear materials against the Nation; 
‘‘(2) support homeland security-focused intel-
ligence analysis of global infectious disease, public 
health, food, agricultural, and veterinary issues; 
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‘‘(3) provide tailored analytical support on these 
threats to State, local, and tribal partners as well as 
members of the public health, scientific, and re-
sponse communities; and 
‘‘(4) perform other responsibilities, as assigned 
by the Secretary. 
‘‘(b) COORDINATION.—Where appropriate, the unit 
shall coordinate with others in the Intelligence Commu-
nity. 
‘‘(c) REPORT.—Not later than one year after the date 
of the enactment of this section and annually thereafter, 
the Secretary shall report to the appropriate congressional 
committees on the intelligence and information sharing ac-
tivities of the unit for weapons of mass destruction intel-
ligence and information sharing established under sub-
section (a) and all relevant entities within the Department 
to counter the threat from weapons of mass destruction 
and how the Department acted in accordance with rel-
evant intelligence strategies, including the National Intel-
ligence Strategy for Countering the Threat from Weapons 
of Mass Destruction and the National Intelligence Strat-
egy for Countering Biological Threats. 
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‘‘SEC. 2102. INFORMATION SHARING AND COLLABORATION 
FOR BIOSECURITY AND BIODEFENSE. 
‘‘(a) RESPONSIBILITIES OF SECRETARY OF HOME-
LAND SECURITY.—To increase situational awareness, the 
Secretary, acting through the Under Secretary for Intel-
ligence and Analysis, shall— 
‘‘(1) to the greatest extent practicable, integrate 
into the homeland security and intelligence and in-
formation sharing process national biosecurity and 
biodefense stakeholders within Federal, State, local, 
tribal, and private sector communities; 
‘‘(2) develop an information sharing framework 
for homeland security intelligence and information 
sharing with national biosecurity and biodefense 
stakeholders; 
‘‘(3) enable national biosecurity and biodefense 
stakeholders to provide recommendations with re-
spect to the development of mechanisms and proto-
cols to integrate information from national biosecu-
rity and biodefense stakeholders; 
‘‘(4) leverage existing and emerging homeland 
security capabilities and structures, including fusion 
centers established pursuant to section 210A, to en-
hance prevention, detection, preparedness, and col-
lective response, attribution, and recovery efforts of 
from a biological attack or other phenomena that 
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may have serious health consequences for the United 
States, including wide-scale fatalities or infectious 
disease outbreaks; and 
‘‘(5) advance partnerships between the Depart-
ment and other Federal departments and agencies in 
assessing potential threats and the risks from the in-
tentional use of biological agents by terrorists or 
other actors. 
‘‘(b) COORDINATION WITH SECRETARY OF STATE.— 
The Secretary shall work in coordination with the Sec-
retary of State, the Secretary of Agriculture, the Secretary 
of Health and Human Services, and the heads of other 
appropriate Federal agencies. 
‘‘SEC. 2103. BIOTERRORISM RISK ASSESSMENTS. 
‘‘(a) RISK ASSESSMENT.—The Secretary, in coordi-
nation with the heads of other appropriate Federal depart-
ments and agencies, shall produce biennial integrated risk 
assessments, to be known as ‘Bioterrorism Risk Assess-
ments’ to identify and assess the evolving terrorist risk 
of a biological attack or other phenomena that may have 
serious health consequences for the United States, includ-
ing wide-scale fatalities or infectious disease outbreaks. 
These assessments shall— 
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‘‘(1) identify the threat, vulnerability, and con-
sequences of a biological terrorist attack against the 
United States; 
‘‘(2) consider terrorists as intelligent adver-
saries and take into account information regarding 
the decision-making processes of terrorists; 
‘‘(3) be used to inform and guide threat assess-
ments and determinations made by the Secretary re-
garding agents and toxins pursuant to section 
302(9), and to guide prioritization of other home-
land security activities, as appropriate; 
‘‘(4) provide the basis for risk-informed invest-
ments in national strategic biodefense research, de-
velopment, planning, preparedness, and collective re-
sponse to biological attacks; 
‘‘(5) identify key knowledge and data gaps; 
‘‘(6) define critical biodefense vulnerabilities; 
‘‘(7) provide relative risk-based prioritization of 
agents for bioterrorism; and 
‘‘(8) evaluate progress in implementing national 
biopreparedness policy. 
‘‘(b) REQUIREMENT.—The Secretary shall— 
‘‘(1) convene an interagency task force of rel-
evant subject matter experts to provide recommenda-
tions to the Under Secretary for Science and Tech-
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nology as to the adequacy of the methodology used 
in the Assessments and to establish requirements 
and standards for the Assessments; 
‘‘(2) engage with national biosecurity and bio-
defense stakeholders to obtain their input regarding 
the Assessments, as appropriate; and 
‘‘(3) ensure, to the greatest extent practicable, 
that the Assessments inform the risk management 
decisions of the Department and can be made avail-
able to national biosecurity and biodefense stake-
holders, as appropriate. 
‘‘SEC. 2104. ENHANCED BIOSECURITY MEASURES. 
‘‘(a) REGULATIONS.—The Secretary, in consultation 
with the Secretary of Agriculture, the Secretary of Health 
and Human Services, and the heads of other appropriate 
Federal agencies, shall, through a negotiated rulemaking 
committee under subchapter III of chapter 5 of title 5, 
United States Code, establish enhanced biosecurity meas-
ures for persons or laboratories that possess, use, or trans-
fer Tier I Material Threat Agents. Such measures shall 
include— 
‘‘(1) standards for personnel surety programs; 
‘‘(2) standards for biosecurity practices and 
training of responsible officials, laboratory per-
sonnel, and support personnel; 
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‘‘(3) standards for performing laboratory vul-
nerability assessments in collaboration with each fa-
cility; 
‘‘(4) risk-based laboratory security performance 
standards; 
‘‘(5) penalties (including civil money penalties 
and intermediate sanctions), in addition to any other 
penalties that may apply under provisions of law; 
and 
‘‘(6) any other security standards determined 
necessary by the Secretary, the Secretary of Agri-
culture, Secretary of Health and Human Services, 
and other agencies as appropriate. 
‘‘(b) NEGOTIATED RULEMAKING COMMITTEE.—The 
Secretary shall establish a negotiated rulemaking com-
mittee for purposes of subsection (a). Such committee 
shall include a representative from each of the following: 
‘‘(1) The Department. 
‘‘(2) The Department of Health and Human 
Services. 
‘‘(3) The Department of Agriculture. 
‘‘(4) The Department of Defense. 
‘‘(5) The Department of Energy. 
‘‘(6) The Department of Justice. 
‘‘(7) For-profit research institutions. 
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‘‘(8) Academic research institutions. 
‘‘(9) Nonprofit research institutions. 
‘‘(10) Other stakeholders, as the Secretary de-
termines appropriate. 
‘‘(c) TIME REQUIREMENT.—The procedures for the 
negotiated rulemaking referred to in subsection (a) shall 
be conducted in a timely manner to ensure that— 
‘‘(1) any recommendations with respect to pro-
posed regulations are provided to the Secretary and 
the heads of the other appropriate Federal agencies 
not later than one year after the date of the enact-
ment of this section; and 
‘‘(2) a final rule is promulgated not later than 
two years after the date of the enactment of this 
section. 
‘‘(d) FACTORS TO BE CONSIDERED.—In developing 
proposed and final standards pursuant to the negotiated 
rulemaking referred to in subsection (a), the negotiated 
rulemaking committee shall consider— 
‘‘(1) the Commission on the Prevention of 
Weapons of Mass Destruction Proliferation and Ter-
rorism (established under section 1851 of the Imple-
menting Recommendations of the 9/11 Commission 
Act of 2007 (Public Law 110–53; 121 Stat. 501)); 
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‘‘(2) 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)); 
‘‘(3) any working group established under Exec-
utive Order 13486 (74 Fed. Reg. 2289) relating to 
strengthening laboratory biosecurity; 
‘‘(4) the Chemical Facility Anti-Terrorism Act 
of 2009; and 
‘‘(5) representatives from the scientific commu-
nity for methods to minimize any disincentives to bi-
ological research arising from enhanced biosecurity 
measures. 
‘‘(e) IMPLEMENTATION OF ENHANCED BIOSECURITY 
MEASURES.— 
‘‘(1) ENFORCEMENT.—The Secretary of Agri-
culture and the Secretary of Health and Human 
Services, in consultation with the Secretary, as ap-
propriate, shall enforce the measures established 
under subsection (a) and any standards promulgated 
pursuant to such section. 
‘‘(2) TRAINING PROGRAMS.—The Secretary of 
Agriculture and the Secretary of Health and Human 
Services, in coordination with the Secretary and the 
heads of other Federal agencies, as appropriate, 
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shall develop training programs that comply with 
such measures and standards. 
‘‘(3) PROCEDURES.—The Secretary of Agri-
culture and the Secretary of Health and Human 
Services, in consultation with the Secretary and the 
heads of other Federal agencies, as appropriate, 
shall develop and implement procedures with respect 
to when and how penalties and intermediate sanc-
tions may be imposed. Such procedures shall provide 
for notice, a reasonable opportunity to respond to 
the proposed penalty or intermediate sanction, and 
appropriate procedures for appealing determinations 
relating to the imposition of a penalty or inter-
mediate sanction. 
‘‘(4) SIMULTANEOUS
LABORATORY
INSPEC-
TIONS.— 
‘‘(A) INSPECTION DATA SHARING AND EN-
FORCEMENT
UNIFORMITY.—The Secretary of 
Health and Human Services and the Secretary 
of Agriculture shall periodically provide the Sec-
retary with all data concerning inspections of 
laboratories that handle Tier I Material Threat 
Agents to ensure uniformity in enforcement of 
the regulations enacted under subsection (a) 
and to identify areas where the Secretary can 
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provide guidance to the Secretary of Health and 
Human Services or the Secretary of Agriculture 
about approaches to enhance security at specific 
laboratories. 
‘‘(B) SIMULTANEOUS
INSPECTIONS.—Any 
inspections of the same laboratory conducted by 
the Secretary of Health and Human Services 
for compliance with regulations promulgated 
under the Select Agent Program under section 
351A(a)(1) of the Public Health Service Act, 
and the Secretary of Agriculture pursuant to 
section 212(a)(1) of the Agricultural Bioter-
rorism Protection Act of 2002 shall be con-
ducted simultaneously to the extent practicable. 
‘‘(C) 
COMMON
INSPECTION
PROCE-
DURES.—Departments conducting simultaneous 
inspections of a laboratory under this sub-
section shall ensure, to the maximum extent 
practicable, that such inspections are conducted 
using a common set of inspection procedures 
across such departments in order to minimize 
the administrative burden on such laboratory. 
‘‘(D) INSPECTION
REPORTS.—Inspection 
reports generated under this paragraph shall be 
made available to each Federal agency that 
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supports select agent laboratory activities at the 
institution that is the subject of the inspection 
report, and to the institutions that are the ob-
ject of inspections. 
‘‘SEC. 2105. TIER I MATERIAL THREAT AGENT LOCATIONS. 
‘‘The Secretary of Agriculture and the Secretary of 
Health and Human Services shall provide to the Secretary 
a list of laboratories and other locations where Tier I Ma-
terial Threat Agents are present in the United States and 
its territories. 
‘‘SEC. 2106. HIGH CONTAINMENT BIOLOGICAL LABORA-
TORY SECURITY GRANTS. 
‘‘(a) GRANTS AUTHORIZED.—The Secretary, acting 
through the Administrator of the Federal Emergency 
Management Agency, may award grants based on risk to 
academic and nonprofit organizations and to State, local, 
and tribal governments that possess, use, or transfer Tier 
I Material Threat Agents, to enhance security at labora-
tories of such organizations and governments. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Department of 
Homeland 
Security 
to 
carry 
out 
this 
subsection 
$50,000,000 for each of fiscal years 2011 through 2013. 
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‘‘SEC. 2107. LABORATORY BIOSECURITY INFORMATION 
SHARING. 
‘‘(a) IN GENERAL.—Consistent with the responsibil-
ities of the Secretary under section 201(d), the Secretary 
shall establish procedures, with appropriate controls on ac-
cess, for the sharing of homeland security information, in-
cluding vulnerability assessments, security plans, best 
practices and other laboratory biosecurity-related informa-
tion, as the Secretary determines appropriate, with State, 
local, and tribal government officials, including law en-
forcement officials and emergency response providers. 
‘‘(b) ACCESS TO INFORMATION IN DATABASES.—In 
carrying out this section, the Secretary shall have access 
to and may use information from the national databases 
established under subsections (d)(2) and (f)(3) of section 
351A of the Public Health Service Act (42 U.S.C. 262a) 
and section 212(d)(2) of the Agricultural Bioterrorism 
Protection Act of 2002 (7 U.S.C. 8401(d)(2)). 
‘‘(c) CLASSIFIED AND SENSITIVE INFORMATION.— 
The Secretary shall ensure that any information dissemi-
nated under this section is handled consistent with— 
‘‘(1) the authority of the Director of National 
Intelligence to protect intelligence sources and meth-
ods under the National Security Act of 1947 (50 
U.S.C. 401 et seq.) and related procedures or simi-
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lar authorities of the Attorney General concerning 
sensitive law enforcement information; 
‘‘(2) section 552a of title 5, United States Code 
(commonly referred to as the Privacy Act of 1974); 
and 
‘‘(3) other relevant laws. 
‘‘SEC. 2108. PERIODIC HOMELAND SECURITY REVIEW OF 
CRIMINAL STATUTES. 
‘‘(a) IN GENERAL.—The Secretary, in coordination 
with the Attorney General and the heads of other Federal 
departments and agencies, as appropriate, shall, for pur-
poses of enhancing homeland security— 
‘‘(1) periodically review and recommend updates 
to criminal laws to ensure that such laws are well 
suited to the evolving risks of misuse of life sciences 
by terrorists and others; and 
‘‘(2) ensure that national biodefense and bio-
security stakeholders at unique risk of exploitation 
have access to guidance regarding actions that can 
reduce the risk of misuse of life sciences by terror-
ists and others. 
‘‘(b) REPORT.—Not later than one year after the 
date of the enactment of this section, and biannually 
thereafter, the Secretary, in coordination with the Attor-
ney General, shall submit to the appropriate congressional 
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committees the recommended updates to criminal laws, as 
described in subsection (a)(1). 
‘‘SEC. 2109. EXPORT ENFORCEMENT FOR COUNTER-PRO-
LIFERATION. 
‘‘(a) IN GENERAL.—The Secretary, in coordination 
with the Secretary of Commerce, the Secretary of Defense, 
the Attorney General, the Secretary of State, the Director 
of National Intelligence, and the heads of other appro-
priate Federal agencies shall— 
‘‘(1) conduct homeland security investigations 
and enforce criminal violations of customs and ex-
port laws of the United States related to military 
items, controlled commodities, and sanctioned or em-
bargoed countries to prevent terrorist groups, for-
eign adversaries, and hostile nations from— 
‘‘(A) illegally obtaining sensitive United 
States technology and munitions; and 
‘‘(B) obtaining weapons of mass destruc-
tion components, precursors, and delivery sys-
tems, including— 
‘‘(i) United States military technical 
data, hardware, small arms and defense 
services; 
‘‘(ii) dual-use technical data/source 
code and commodities; and 
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‘‘(iii) deemed exports; and 
‘‘(2) conduct industry outreach with manufac-
turers and exporters of strategic commodities that 
may be targeted for procurement by terrorist organi-
zations and the countries that support them as well 
as countries identified as weapons proliferators, by— 
‘‘(A) educating companies and individuals 
on the export laws of the United States; 
‘‘(B) discussing export licensing issues and 
requirements; 
‘‘(C) identifying red flag indicators used in 
illegal procurement; 
‘‘(D) identifying the government agencies 
responsible for the licensing of export-controlled 
commodities and technology; and 
‘‘(E) establishing and fostering relation-
ships whereby companies and individuals can 
report suspicious contacts or attempts to violate 
the export laws of the United States. 
‘‘(b) NATIONAL EXPORT ENFORCEMENT COORDINA-
TION NETWORK.— 
‘‘(1) ESTABLISHMENT; MEMBERSHIP.—There is 
established in the Department a National Export 
Enforcement Coordination Network that is managed 
by the Secretary. The Network shall be composed of 
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members who are representatives from the Depart-
ment, the Department of Commerce, the Depart-
ment of Defense, the Department of Energy, the 
Department of Justice, the Department of State, the 
Intelligence Community, and other Federal agencies 
as appropriate. 
‘‘(2) RESPONSIBILITIES.—The Network shall 
carry out the following responsibilities: 
‘‘(A) 
Coordinating 
law 
enforcement 
counter-proliferation investigations and intel-
ligence counter-proliferation activities. 
‘‘(B) Addressing licensing inquiries, re-
views, requests, checks, and verifications. 
‘‘(C) Conducting outreach and providing 
training to the export trade community. 
‘‘Subtitle B—Preparedness 
‘‘SEC. 2121. COMMUNICATION OF THREAT INFORMATION 
AND ALERTS. 
‘‘(a) FINDINGS.—Congress makes the following find-
ings: 
‘‘(1) The Commission on the Prevention of 
Weapons of Mass Destruction Proliferation and Ter-
rorism recommended that ‘the Federal Government 
should practice greater openness of public informa-
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tion so that citizens better understand the threat 
and the risk this threat poses to them’. 
‘‘(2) There are unique challenges for commu-
nity preparedness for attacks from weapons of mass 
destruction and their agents. 
‘‘(b) TERRORISM THREAT AWARENESS.— 
‘‘(1) TERRORISM
THREAT
AWARENESS.—The 
Secretary, in coordination with the heads of appro-
priate Federal agencies, shall 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, 
for purposes of preparedness and collective response 
to terrorism and for other purposes. 
‘‘(2) THREAT BULLETINS.— 
‘‘(A) IN
GENERAL.—Consistent with the 
requirements of paragraph (1), the Secretary 
shall, on a timely basis, prepare unclassified 
terrorism-related threat and risk assessments. 
‘‘(B) REQUIREMENTS.—Each assessment 
required under subparagraph (A) shall— 
‘‘(i) include guidance to the general 
public for preventing and responding to 
acts of terrorism; and 
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‘‘(ii) be made available on the Internet 
website of the Department and other pub-
licly accessible Internet websites, commu-
nication systems, and information net-
works. 
‘‘(3) GUIDANCE TO STATE, LOCAL, AND TRIBAL 
GOVERNMENTS.—The Secretary— 
‘‘(A) acting through the Administrator of 
the Federal Emergency Management Agency, 
shall provide to State, local, and tribal govern-
ments written guidance on communicating ter-
rorism-related threats and risks to the public 
within their jurisdictions; and 
‘‘(B) shall identify and articulate the gov-
ernmental rationale for identifying particular 
communities as being at heightened risk of ex-
ploitation. 
‘‘(4) USE OF EXISTING RESOURCES.—The Sec-
retary shall use Internet websites, communication 
systems, and information networks in operation on 
the date of an assessment under this subsection to 
satisfy the requirements of paragraph (2)(B)(ii). 
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‘‘SEC. 2122. INDIVIDUAL AND COMMUNITY PREPAREDNESS 
FOR WEAPONS OF MASS DESTRUCTION. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Administrator for the Federal Emergency Manage-
ment Agency, shall assist State, local, and tribal govern-
ments in improving and promoting individual and commu-
nity preparedness and collective response to weapons of 
mass destruction and terrorist attacks involving biological, 
chemical, radiological, and nuclear materials against the 
United States by— 
‘‘(1) developing guidance and checklists of rec-
ommended actions for individual and community 
prevention and preparedness efforts and dissemi-
nating such guidance and checklists to communities 
and individuals; 
‘‘(2) disseminating the guidance developed 
under section 2151 to communities and individuals, 
as appropriate; 
‘‘(3) compiling and disseminating information 
on best practices for individual and community pre-
paredness; 
‘‘(4) providing information and training mate-
rials in support of individual and community pre-
paredness efforts; 
‘‘(5) conducting individual and community pre-
paredness outreach efforts; and 
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‘‘(6) such other actions as the Secretary deter-
mines appropriate. 
‘‘(b) COORDINATION.—Where appropriate, the Sec-
retary shall coordinate with private sector and nongovern-
mental organizations to promote individual and commu-
nity preparedness. 
‘‘Subtitle C—Detection 
‘‘SEC. 2131. NATIONAL BIOSURVEILLANCE STRATEGY. 
‘‘(a) CURRENT STATE OF BIOSURVEILLANCE.—The 
Secretary shall examine of the state of domestic and global 
biosurveillance. 
‘‘(b) STRATEGY FOR BIOSURVEILLANCE.—The Sec-
retary shall submit to the appropriate congressional com-
mittees a national strategy for biosurveillance. 
‘‘(c) MATTERS FOR INCLUSION.— 
‘‘(1) IN GENERAL.—In developing the strategy 
required under subsection (b), the Secretary shall 
take into consideration— 
‘‘(A) the state of biosurveillance domesti-
cally and internationally; 
‘‘(B) material threat assessments and de-
terminations developed by the Secretary in ac-
cordance with the Project BioShield Act of 
2004 (Public Law 108–276) and the amend-
ments made by that Act; 
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‘‘(C) reports on global trends produced by 
the Office of the Director of National Intel-
ligence regarding the biological threat, and In-
telligence Community requirements; 
‘‘(D) information available in biosurveil-
lance systems and changes to information tech-
nology to allow for the incorporation and inte-
gration of this information; 
‘‘(E) Intelligence Community needs as ar-
ticulated in relevant intelligence strategies; and 
‘‘(F) costs associated with establishing and 
maintaining the necessary infrastructure to in-
tegrate biosurveillance systems. 
‘‘(2) ADDITIONAL REQUIREMENTS.—This strat-
egy required under subsection (b) shall— 
‘‘(A) include a plan for advancing situa-
tional awareness; 
‘‘(B) identify key elements of information 
to be shared, critical sensitivities to be pro-
tected, and a framework for enabling informa-
tion exchange; 
‘‘(C) include a plan for fostering informa-
tion sharing between public health, law enforce-
ment, security, intelligence, and the scientific 
communities to identify potential threats, re-
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duce vulnerabilities and improve collective re-
sponse activities to and investigations of sus-
pected biological attacks; and 
‘‘(D) include strategic and implementation 
plans for the National Biosurveillance Integra-
tion Center under section 316. 
‘‘SEC. 2132. DETECTION OF BIOLOGICAL ATTACKS. 
‘‘(a) PROGRAM.—The Secretary shall carry out a pro-
gram in the Department to detect a biological attack or 
event. Through such program, the Secretary shall— 
‘‘(1) deploy detectors to areas, based on risk, to 
indicate the presence of biological agents; 
‘‘(2) provide information to participating lab-
oratories for their use in monitoring public health, 
and biological material from these detectors to par-
ticipating laboratories for testing; 
‘‘(3) provide information about the presence of 
biological agents to public health and law enforce-
ment personnel at all levels of government; and 
‘‘(4) provide advanced planning tools, concepts 
of operations (including alarm resolution protocols), 
and training exercises for collective response to and 
recovery from biological attacks. 
‘‘(b) PROGRAM REQUIREMENTS.—Under the pro-
gram required under subsection (a), the Secretary shall— 
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‘‘(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 filter testing protocols for 
participating laboratories and coordination with ap-
propriate State, local, and tribal agencies; 
‘‘(2) determine, on an annual basis, whether 
plans for biological detector capabilities and coverage 
sufficiently protect the United States population; 
and 
‘‘(3) acting through the Under Secretary for 
Science and Technology, and in consultation with 
the Director for the Centers for Disease Control and 
Prevention, implement an assay equivalency program 
for biological threat assays that— 
‘‘(A) may evaluate biological threat detec-
tion assays, their protocols for use, and their 
associated response algorithms for confirmation 
of biological threat agents, taking performance 
measures and concepts of operation into consid-
eration; 
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‘‘(B) may develop assay equivalency stand-
ards based on the findings of the evaluation 
under subparagraph (A); 
‘‘(C) will be updated as necessary; 
‘‘(D) shall require implementation of the 
standards developed under subparagraph (B) 
for all Department biomonitoring programs; 
and 
‘‘(E) shall make such standards available 
to support all other Federal biomonitoring pro-
grams. 
‘‘(c) CONTRACT AUTHORITY.—The Secretary is au-
thorized to enter into contracts with participating labora-
tories for— 
‘‘(1) the provision of laboratory services to test 
detector filters on a fee-for-service basis or on a pre-
payment or other similar basis; and 
‘‘(2) administrative and other costs related to 
hosting program personnel and equipment in these 
laboratories. 
‘‘(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 Bioterrorism 
that— 
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‘‘(A) is fully equipped to detect and re-
spond quickly to acts of biological terrorism; 
‘‘(B) provides biocontainment and micro-
biological analysis in support of the Depart-
ment, the Federal Bureau of Investigation and 
other law enforcement agencies with primary 
responsibilities for investigating biological inci-
dents; and 
‘‘(C) supports threat agent characteriza-
tion studies and 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 and is of a type selected under criteria 
established by the Secretary. 
‘‘SEC. 2133. RAPID BIOLOGICAL THREAT DETECTION AND 
IDENTIFICATION. 
‘‘(a) IN GENERAL.—Notwithstanding section 302(4) 
the Secretary shall require the Under Secretary for 
Science and Technology, in consultation with the heads 
of other relevant operational components of the Depart-
ment, assess whether the development of screening capa-
bilities for biological weapons of mass destruction agents, 
pandemic influenza, and other infectious diseases should 
be undertaken by the Science and Technology Directorate 
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to support entry and exit screening at ports of entry and 
for other purposes. 
‘‘(b) DEVELOPMENT OF METHODS.—If the Under 
Secretary determines that the development of such screen-
ing capabilities should be undertaken, the Secretary shall, 
to the extent possible, initiate development of safe and ef-
fective methods to rapidly screen incoming travelers at 
ports of entry for biological weapons of mass destruction 
agents, pandemic influenza, and other infectious diseases. 
‘‘(c) COLLABORATION.—In developing methods under 
subsection (b), the Secretary may collaborate with the 
heads of other Federal agencies, as needed. 
‘‘SEC. 2134. ESTABLISHMENT OF THE SYSTEM ASSESSMENT 
AND 
VALIDATION 
FOR 
EMERGENCY 
RE-
SPONDERS (SAVER) PROGRAM. 
‘‘The Secretary, acting through the Under Secretary 
for Science and Technology, 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 
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equipment and systems, including hand-held detec-
tors for agents used in weapons of mass destruction; 
‘‘(2) is supported by a network of scientists who 
perform the assessment and validation activities; 
‘‘(3) provides results along with other relevant 
equipment information to the emergency response 
provider community in an operationally useful form; 
‘‘(4) provides information on equipment that 
falls within the categories listed in the Department’s 
authorized equipment list; 
‘‘(5) provides information that enables decision- 
makers and responders to better select, procure, use 
and maintain emergency responder equipment; and 
‘‘(6) shares such information nationally with 
the emergency response provider community. 
‘‘SEC. 2135. PAYMENT FOR BIOTERRORISM LABORATORY 
SERVICES. 
‘‘In carrying out their functions, responsibilities, au-
thorities, and duties to counter biological terrorism, the 
Secretary, the Attorney General, and the heads of other 
participating Federal agencies are authorized to enter into 
contracts with the State and local public health labora-
tories that compose the Laboratory Response Network for 
Bioterrorism, and any other qualified laboratories, for the 
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provision of laboratory testing services on a fee-for-service 
basis or on a prepayment or other similar basis. 
‘‘SEC. 2136. ESTABLISHMENT OF THE INTEGRATED CON-
SORTIUM OF LABORATORY NETWORKS. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department an Integrated Consortium of Laboratory Net-
works that is managed by the Secretary. 
‘‘(b) REQUIREMENTS.—The Integrated Consortium 
of Laboratory Networks shall— 
‘‘(1) be composed of networks of laboratories 
capable of integrated and coordinated response to 
and consequence management of attacks from weap-
ons of mass destruction, acts of terrorism, and other 
incidents requiring laboratory response capabilities; 
‘‘(2) be a coordinated and operational system of 
laboratory networks that provide timely, high quality 
results for early detection and effective consequence 
management of attacks from weapons of mass de-
struction, acts of terrorism, and other events requir-
ing an integrated laboratory response; 
‘‘(3) serve as a system of laboratory networks 
that are equipped to detect and respond quickly to 
attacks from weapons of mass destruction and acts 
of terrorism, and to support effective all-hazard lab-
oratory response; 
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‘‘(4) provide limited containment and analysis 
in support of the Department, the Federal Bureau 
of Investigation, and other law enforcement agencies 
with primary responsibilities for investigating inci-
dents involving weapons of mass destruction or their 
agents; and 
‘‘(5) support threat agent characterization stud-
ies and assay evaluation, research, and development. 
‘‘Subtitle D—Attribution 
‘‘SEC. 2141. BIOFORENSICS CAPABILITIES AND STRATEGY. 
‘‘(a) NATIONAL
BIOFORENSICS
ANALYSIS
CEN-
TER.—There is established in the Department a National 
Bioforensics Analysis Center which shall serve as the lead 
Federal facility to— 
‘‘(1) provide definitive forensic examination of 
biothreat agents and related evidence; 
‘‘(2) provide necessary biocontainment; 
‘‘(3) integrate bioforensics requirements for law 
enforcement, national security, and homeland secu-
rity; 
‘‘(4) provide bioforensics analysis in support of 
the executive agencies with primary responsibilities 
for preventing, deterring, responding to, attributing, 
and recovering from biological attacks; 
‘‘(5) develop national bioforensics standards; 
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‘‘(6) maintain the national bioforensics reposi-
tory collection as a reference collection of biological 
agents and toxins for bioforensics comparisons and 
identifications; and 
‘‘(7) support threat agent characterization stud-
ies and bioforensics assay evaluation research and 
development. 
‘‘(b) NATIONAL BIOFORENSICS REPOSITORY COL-
LECTION.— 
‘‘(1) IN GENERAL.—The National Bioforensics 
Analysis 
Center 
shall 
maintain 
a 
national 
bioforensics repository collection. 
‘‘(2) ACTIVITIES.—The national bioforensics re-
pository collection shall— 
‘‘(A) receive, store, and distribute biologi-
cal threat agents and toxins; 
‘‘(B) serve as a reference collection for 
comparative bioforensics identifications and 
characterizations; and 
‘‘(C) support threat agent characterization 
studies and the development of bioforensics as-
says, genomic analyses, organic and inorganic 
chemical analyses, electron microscopy analyses, 
and other relevant assays, analyses, and tests. 
‘‘(3) PARTICIPATION.— 
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‘‘(A) IN
GENERAL.—The Secretary, the 
Attorney General, the Secretary of Agriculture, 
the Secretary of Defense, the Secretary of En-
ergy, the Secretary of Health and Human Serv-
ices, the Director of National Intelligence, and 
the head of any other appropriate executive 
agency with a biological agent or toxin collec-
tion that is useful for the bioforensics analysis 
of biological attacks, performance of biological 
threat agent identification and characterization 
studies, or evaluation and development of 
bioforensics assays and methods shall provide 
authenticated replicate samples of all relevant 
biological strains and toxins, as determined by 
the Secretary, in consultation with the head of 
the executive agency possessing the agent or 
toxin, which shall not include any variola virus 
but shall include any virus modified to include 
any part of the variola virus, to the national 
bioforensics repository collection. 
‘‘(B) OTHER
BIOLOGICAL
AGENTS
AND 
TOXINS.—The Secretary shall require the con-
tribution of public and private biological agent 
and toxin collections to the national bioforensics 
repository collection that were collected or cre-
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ated with support from a Federal grant or con-
tract and that support the functions described 
in paragraph (2). 
‘‘(4) ACCESS.—The Secretary shall— 
‘‘(A) provide any executive agency that 
submits a biological agent or toxin to the na-
tional bioforensics repository collection with ac-
cess to the collection; and 
‘‘(B) establish a mechanism to provide 
public and private entities with access to the 
national bioforensics repository collection, as 
determined appropriate by the Secretary, with 
appropriate protection of classified or law en-
forcement sensitive information and intellectual 
property rights. 
‘‘(5) REPORT.— 
‘‘(A) IN
GENERAL.—Not later than one 
year after the date of the enactment of this sec-
tion, and annually thereafter, the Secretary, in 
consultation with the Attorney General, the 
Secretary of Agriculture, the Secretary of De-
fense, the Secretary of Energy, the Secretary of 
Health and Human Services, the Director of 
National Intelligence, and the head of any other 
appropriate executive agency that participates 
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in or contributes to the national bioforensics re-
pository collection, shall submit to the appro-
priate committees of Congress a report regard-
ing the national bioforensics repository collec-
tion. 
‘‘(B) CONTENTS.—The report submitted 
under subparagraph (A) shall— 
‘‘(i) discuss the status of the estab-
lishment of the national bioforensics repos-
itory collection; 
‘‘(ii) identify domestic and inter-
national biological agent and toxin collec-
tions that would prove useful in carrying 
out 
the 
functions 
of 
the 
national 
bioforensics repository collection; 
‘‘(iii) examine any access or participa-
tion issues affecting the establishment of 
the national bioforensics repository collec-
tion or the ability to support bioforensics 
analysis, threat agent characterization 
studies, or bioforensics assay evaluation, 
research, and development, including— 
‘‘(I) intellectual property con-
cerns; 
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‘‘(II) access to collected or cre-
ated biological agent or toxin collec-
tions funded by a Federal grant or 
contract; 
‘‘(III) costs associated with ac-
cessing, procuring, and securely trans-
porting biological materials from do-
mestic and international biological 
agent and toxin collections to the na-
tional bioforensics repository collec-
tion; 
‘‘(IV) costs incurred by domestic 
and international biological agent and 
toxin collections to access or con-
tribute biological agents or toxins to 
the national bioforensics repository 
collection; and 
‘‘(V) access to the national 
bioforensics repository collection by 
public and private researchers to sup-
port threat agent characterization 
studies, bioforensics assay evaluation, 
research, and development, and bio-
security research and development; 
and 
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‘‘(iv) other issues determined appro-
priate. 
‘‘(c) NATIONAL BIOFORENSICS STRATEGY.— 
‘‘(1) IN GENERAL.—The Secretary, in coordina-
tion with the Attorney General, the Secretary of Ag-
riculture, the Secretary of Defense, the Secretary of 
Health and Human Services, the Director of Na-
tional Intelligence, and the head of any other appro-
priate executive agency, as determined by the Sec-
retary, shall develop, coordinate, and maintain a na-
tional bioforensics strategy. 
‘‘(2) CONTENTS.—The national bioforensics 
strategy shall— 
‘‘(A) provide for a coordinated approach 
across all executive agencies with responsibil-
ities for— 
‘‘(i) conducting bioforensics examina-
tion of biological threat agents and related 
evidence; and 
‘‘(ii) generating bioforensics require-
ments for law enforcement, national secu-
rity, and homeland security; 
‘‘(B) describe the roles and responsibilities 
of all relevant executive agencies, including— 
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‘‘(i) research to characterize threat 
agents; 
‘‘(ii) assay evaluation, research, and 
development; and 
‘‘(iii) funding; 
‘‘(C) establish mechanisms, in coordination 
with State, local, and tribal governments, for 
coordinating with public health, environmental 
quality, and law enforcement agencies for the 
collection or receipt, transfer, or submission of 
bioforensics evidence for analysis and its use; 
and 
‘‘(D) include— 
‘‘(i) guidance for collecting, proc-
essing, and analyzing samples; and 
‘‘(ii) 
requirements 
for 
reporting 
bioforensics information to appropriate 
agencies. 
‘‘(3) REPORT.—Not later than one year after 
the date of the enactment of this section, and bienni-
ally thereafter, the Secretary, in consultation with 
the Attorney General, the Secretary of Agriculture, 
the Secretary of Defense, the Secretary of Health 
and Human Services, the Director of National Intel-
ligence, and the heads of other appropriate agencies, 
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as determined by the Secretary, shall submit to the 
appropriate committees of Congress the national 
bioforensics strategy. 
‘‘(d) CONCEPT OF OPERATIONS.—The Secretary, in 
coordination with the Attorney General and the heads of 
any other appropriate Federal agencies shall ensure the 
availability of a detailed concept of operations for informa-
tion sharing and all-source analysis to support timely at-
tribution of biological attacks. 
‘‘(e) RESEARCH
AND
DEVELOPMENT.—The Sec-
retary, in coordination with the Attorney General and the 
heads of any other appropriate Federal agencies shall es-
tablish a national-level research and development strategy 
and implementation plan to advance the field of 
bioforensics. 
‘‘(f) DEFINITION OF BIOFORENSICS.—In this section, 
the term ‘bioforensics’ means the scientific discipline dedi-
cated to analyzing evidence from an attack with a biologi-
cal weapon of mass destruction, an act of bioterrorism, 
a biological agent- or toxin-based criminal act, or the inad-
vertent release of a biological agent or toxin for attribution 
purposes. 
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‘‘SEC. 2142. LAW ENFORCEMENT TRAINING TO INVES-
TIGATE BIOLOGICAL THREATS. 
‘‘The Secretary, in coordination with the Attorney 
General, the Secretary of Agriculture, the Secretary of 
Health and Human Services, and the heads of other ap-
propriate Federal departments and agencies, shall— 
‘‘(1) make training available to law enforce-
ment, public health, and security personnel on recog-
nizing and responding to situations involving poten-
tial biological threats, including performing joint 
criminal and epidemiological investigations; 
‘‘(2) ensure that tailored tactics, techniques, 
and procedures are made available to law enforce-
ment and security personnel, including access to the 
tools needed to respond to biological threats; 
‘‘(3) promote the use of simulation among Fed-
eral partners to exercise capabilities, refine oper-
ational concepts, and strengthen relationships across 
the Government; and 
‘‘(4) make training available that will ensure 
that law enforcement, public health, and agricultural 
investigations of biological threats are coordinated. 
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‘‘Subtitle E—Response 
‘‘SEC. 2151. FIRST RESPONDER GUIDANCE CONCERNING 
WEAPONS OF MASS DESTRUCTION ATTACKS. 
‘‘(a) ESTABLISHMENT OF VOLUNTARY GUIDANCE.— 
Not later than one year after the date of the enactment 
of this section, the Secretary shall— 
‘‘(1) develop for police, fire, emergency medical 
services, emergency management, and public health 
personnel, voluntary guidance for responding to a re-
lease of chemical, biological, radiological, or nuclear 
material; and 
‘‘(2) make such guidance available to State, 
local, and tribal governments, nongovernmental or-
ganizations, the private sector, and the public. 
‘‘(b) CONTENTS.—The guidance developed under 
subsection (a)(1) shall include— 
‘‘(1) protective action guidance for ensuring the 
security, health, and safety of emergency response 
providers; 
‘‘(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 pro-
viders to effectively deal with individuals affected by 
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an incident involving chemical, biological, radio-
logical, or nuclear material. 
‘‘(c) REVIEW AND REVISION OF GUIDANCE.—The 
Secretary shall— 
‘‘(1) review the guidance developed under sub-
section (a)(1) at least once every 2 years; 
‘‘(2) make revisions to the guidance as appro-
priate; and 
‘‘(3) make any revised guidance available to 
State, local, and tribal governments, nongovern-
mental organizations, the private sector, and the 
public. 
‘‘(d) PROCEDURES FOR DEVELOPING AND REVISING 
GUIDANCE.—In carrying out the requirements of this sec-
tion, the Secretary shall establish procedures to— 
‘‘(1) inventory existing relevant hazardous ma-
terial response guidance; 
‘‘(2) enable members of the first responder 
community to submit recommendations of areas in 
which guidance is needed and could be developed 
under subsection (a)(1); 
‘‘(3) determine which entities should be con-
sulted in developing or revising the guidance; 
‘‘(4) prioritize, on a regular basis, guidance 
that should be developed or revised; and 
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‘‘(5) develop and disseminate the guidance in 
accordance with the prioritization under paragraph 
(4). 
‘‘(e) CONSULTATIONS.—The Secretary shall develop 
and revise the guidance developed under subsection (a)(1), 
and the procedures required under subsection (d), in con-
sultation with— 
‘‘(1) the heads of other Federal departments 
and agencies, as appropriate; 
‘‘(2) the National Advisory Council established 
under section 508; 
‘‘(3) State, local, and tribal governments; and 
‘‘(4) nongovernmental organizations and private 
industry. 
‘‘(f) REPORTING REQUIREMENTS.—Not later than 
18 months after the date of the enactment of this section 
and annually thereafter, the Secretary shall submit to the 
appropriate congressional committees— 
‘‘(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 de-
scribed in paragraph (2) was disseminated; 
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‘‘(4) a plan for reviewing the guidance de-
scribed in paragraph (2), in accordance with sub-
section (e); 
‘‘(5) guidance required under subsection (d)(4), 
and the methodology used by the Secretary for such 
prioritization; and 
‘‘(6) a plan for developing, revising, and dis-
seminating the guidance. 
‘‘SEC. 2152. INTEGRATED PLUME MODELING FOR COLLEC-
TIVE RESPONSE. 
‘‘(a) DEVELOPMENT.— 
‘‘(1) IN
GENERAL.—The Secretary shall ac-
quire, use, and disseminate timely integrated plume 
models to enable rapid response activities following 
a chemical, biological, nuclear, or radiological re-
lease. 
‘‘(2) SCOPE.—The Secretary shall— 
‘‘(A) ensure the rapid development and 
distribution of integrated plume models to ap-
propriate officials of the Federal Government 
and State, local, and tribal governments to en-
able immediate response to a chemical, biologi-
cal, or radiological incident; 
‘‘(B) establish mechanisms for dissemina-
tion by appropriate emergency response officials 
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of the integrated plume models described in 
paragraph (1) to nongovernmental organiza-
tions and the public to enable appropriate col-
lective response activities; 
‘‘(C) ensure that the development and dis-
semination of integrated plume models are as-
sessed during exercises administered by the De-
partment; and 
‘‘(D) ensure that lessons learned from as-
sessing the development and dissemination of 
integrated plume models during exercises ad-
ministered by the Department are put into the 
Department of Homeland Security Lessons 
Learned Information Sharing system. 
‘‘(3) CONSULTATION
WITH
OTHER
DEPART-
MENTS AND AGENCIES.—In identifying and devel-
oping the integrated plume models described in this 
section, the Secretary shall consult, as appropriate, 
with— 
‘‘(A) the Secretary of Defense, the Sec-
retary of Energy, the Secretary of Health and 
Human Services, and the heads of other appro-
priate Federal agencies; and 
‘‘(B) State, local, and tribal governments 
and nongovernmental organizations. 
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‘‘(b) REPORT.—Not later than one year after the 
date of enactment of this section, and annually thereafter, 
the Secretary shall submit to the appropriate congres-
sional committees a report regarding— 
‘‘(1) the development and dissemination of inte-
grated plume models under this section; 
‘‘(2) lessons learned from assessing the develop-
ment and dissemination of integrated plume models 
during exercises administered by the Department; 
and 
‘‘(3) plans for improving the development and 
dissemination of integrated plume models, as appro-
priate. 
‘‘(c) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘plume model’ means the assess-
ment of the location and prediction of the spread of 
nuclear, radioactive, or chemical fallout and biologi-
cal pathogens resulting from a release of chemical, 
biological, radiological, or nuclear materials. 
‘‘(2) The term ‘integrated plume model’ means 
a plume model that integrates protective action guid-
ance and other information as the Secretary deter-
mines appropriate. 
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‘‘Subtitle F—Recovery 
‘‘SEC. 2161. RECOVERY AND RESTORATION FROM A BIO-
LOGICAL ATTACK OR INCIDENT GUIDANCE. 
‘‘(a) ESTABLISHMENT
OF GUIDANCE.—Not later 
than one year after the date of the enactment of this sec-
tion, the Secretary, in coordination with the Administrator 
of the Environmental Protection Agency and in consulta-
tion with the Director of the Occupational Safety and 
Health Agency, and the Director of the National Institute 
for Occupational Safety and Health, shall develop and 
issue guidance for clean-up and restoration of indoor and 
outdoor areas that have been affected by the release of 
a biological agent. 
‘‘(b) CONTENTS.—The guidance developed under 
subsection (a) shall include— 
‘‘(1) acceptable levels of growth of the organism 
in post-remediation area samples from affected sites; 
‘‘(2) standards for effective clean-up of affected 
sites; 
‘‘(3) standards for safe post-event occupancy of 
affected sites; 
‘‘(4) requirements to ensure that the decon-
tamination procedures for responding organizations 
do not conflict; 
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‘‘(5) requirements that each responding organi-
zation uses a uniform system for tracking costs and 
performance of clean-up contractors; 
‘‘(6) levels of personal protection equipment; 
‘‘(7) maintenance of negative air pressure in 
buildings; 
‘‘(8) proper selection and use of personal pro-
tective equipment; 
‘‘(9) proper use of personal protective equip-
ment; 
‘‘(10) air sampling procedures; and 
‘‘(11) how to develop health and safety plans 
that are appropriate for the specific risk to re-
sponder health. 
‘‘(c) REVIEW AND REVISION OF GUIDANCE.—The 
Secretary shall— 
‘‘(1) not less frequently than once every 2 
years, review the guidance developed under sub-
section (a); 
‘‘(2) make revisions to the guidance as appro-
priate; and 
‘‘(3) make the revised guidance available to the 
Federal Government, State, local, and tribal govern-
ments, nongovernmental organizations, the private 
sector, and the public. 
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‘‘(d) PROCEDURES FOR DEVELOPING AND REVISING 
GUIDANCE.—In carrying out the requirements of this sec-
tion, the Secretary shall establish procedures to— 
‘‘(1) inventory existing relevant guidance; 
‘‘(2) enable the public to submit recommenda-
tions of areas in which guidance is needed; 
‘‘(3) determine which entities should be con-
sulted in developing or revising the guidance; 
‘‘(4) prioritize, on a regular basis, guidance 
that should be developed or revised; and 
‘‘(5) develop and disseminate the guidance in 
accordance with the prioritization under paragraph 
(4). 
‘‘(e) CONSULTATIONS.—The Secretary shall develop 
and revise the guidance developed under subsection (a), 
and the procedures required under subsection (d), in con-
sultation with— 
‘‘(1) the heads of other Federal departments 
and agencies, as appropriate; 
‘‘(2) State, local, and tribal governments; and 
‘‘(3) nongovernmental organizations and private 
industry. 
‘‘(f) REPORT.—Not later than one year after the date 
of the enactment of this section, and annually thereafter, 
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the Secretary shall provide appropriate congressional com-
mittees 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 de-
scribed in paragraph (2) were disseminated; 
‘‘(4) a plan for reviewing the guidance de-
scribed in paragraph (2), in accordance with sub-
section (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 dis-
seminating the guidance. 
‘‘SEC. 2162. ENVIRONMENTAL RECOVERY FROM CHEMICAL, 
BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR 
ATTACKS. 
‘‘(a) IN GENERAL.—To facilitate environmental re-
covery from a chemical, biological, radiological, or nuclear 
attack or other incident involving chemical, biological, ra-
diological, or nuclear materials and to foster collective re-
sponse to terrorism, the Administrator of the Environ-
mental Protection Agency, in coordination with the Ad-
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ministrator of the Federal Emergency Management Agen-
cy, shall assess capability gaps in environmental recovery 
preparedness and provide guidance to State, local, and 
tribal officials to recover from a chemical, biological, radio-
logical or nuclear attack or incident. 
‘‘(b) REQUIREMENTS.—In carrying out subsection 
(a), the Administrator of the Environmental Protection 
Agency shall— 
‘‘(1) assess capability gaps in the Nation’s abil-
ity to recover from chemical, biological, radiological, 
and nuclear attacks or incidents, with specific atten-
tion to— 
‘‘(A) decontamination standards, gaps in 
such standards, and recommendations for re-
search to minimize these gaps; 
‘‘(B) environmental remediation methods; 
and 
‘‘(C) such other components as determined 
by the Secretary; 
‘‘(2) disseminate guidance to State, local, and 
tribal authorities that conforms to the goals of the 
National Disaster Recovery Strategy as required in 
Section 682 of the Department of Homeland Secu-
rity Appropriations Act, 2007 (Public Law 109–295; 
6 U.S.C. 771) regarding how to conduct environ-
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mental remediation of contaminated areas, includ-
ing— 
‘‘(A) clarification of Federal roles and re-
sponsibilities for assisting State, local, and trib-
al governments; and 
‘‘(B) such other guidance as determined by 
the Secretary; and 
‘‘(3) develop exercises in consultation with 
State, local, and tribal authorities and other appro-
priate Federal agencies, to enhance collective re-
sponse to and recovery from chemical, biological, ra-
diological and nuclear attacks and incidents, includ-
ing exercises that address analysis, environmental 
cleanup methods, and decontamination standards.’’. 
(b) CLERICAL AMENDMENTS.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end the following new items: 
Sec. 201. Weapons of mass destruction prevention and preparedness. 
‘‘TITLE XXI—WEAPONS OF MASS DESTRUCTION PREVENTION 
AND PREPAREDNESS 
‘‘Subtitle A—Prevention and Deterrence 
‘‘Sec. 2101. Weapons of Mass Destruction Intelligence and Information 
Sharing Unit. 
‘‘Sec. 2102. Information sharing and collaboration for biosecurity and bio-
defense. 
‘‘Sec. 2103. Bioterrorism risk assessments. 
‘‘Sec. 2104. Enhanced biosecurity measures. 
‘‘Sec. 2105. Tier I Material Threat Agent locations. 
‘‘Sec. 2106. High containment biological laboratory security grants. 
‘‘Sec. 2107. Laboratory biosecurity information sharing. 
‘‘Sec. 2108. Periodic homeland security review of criminal statutes. 
‘‘Sec. 2109. Export enforcement for counter-proliferation. 
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‘‘Subtitle B—Preparedness 
‘‘Sec. 2121. Communication of threat information and alerts. 
‘‘Sec. 2122. Individual and community preparedness for weapons of mass 
destruction. 
‘‘Subtitle C—Detection 
‘‘Sec. 2131. National biosurveillance strategy. 
‘‘Sec. 2132. Detection of biological attacks. 
‘‘Sec. 2133. Rapid biological threat detection and identification. 
‘‘Sec. 2134. Establishment of the system assessment and validation for 
emergency responders (SAVER) program. 
‘‘Sec. 2135. Payment for bioterrorism laboratory services. 
‘‘Sec. 2136. Establishment of the integrated consortium of laboratory net-
works. 
‘‘Subtitle D—Attribution 
‘‘Sec. 2141. Bioforensics capabilities and strategy. 
‘‘Sec. 2142. Law enforcement training to investigate biological threats. 
‘‘Subtitle E—Response 
‘‘Sec. 2151. First responder guidance concerning weapons of mass destruc-
tion attacks. 
‘‘Sec. 2152. Integrated plume modeling for collective response. 
‘‘Subtitle F—Recovery 
‘‘Sec. 2161. Recovery and restoration from a biological attack or incident 
guidance. 
‘‘Sec. 2162. Environmental recovery from chemical, biological, radiological, 
and nuclear attacks. 
SEC. 202. 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 ‘weapon of mass destruction’ 
has the meaning given that term in section 1403(1) 
fo the Defense Against Weapons of Mass Destruc-
tion Act of 1996 (50 U.S.C. 2302). 
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‘‘(20) 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)). 
‘‘(21) The term ‘national biosecurity and bio-
defense stakeholders’ means officials from the Fed-
eral, State, local, and tribal authorities and individ-
uals from the private sector who are involved in ef-
forts to prevent, deter, prepare for, detect, attribute, 
respond, and recover from a biological attack or 
other phenomena that may have serious health con-
sequences for the United States, including wide-scale 
fatalities or infectious disease outbreaks. 
‘‘(22) The term ‘Tier I Material Threat Agent’ 
means a substance so designated under section 
351A(a)(2) of the Public Health Service Act or sec-
tion 212(a)(2) of the Agricultural Bioterrorism Pro-
tection Act of 2002.’’. 
SEC. 203. DUAL-USE TERRORIST RISKS FROM SYNTHETIC 
GENOMICS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the field of synthetic genomics has the potential 
to facilitate enormous gains in fundamental discovery and 
biotechnological applications, but it also has inherent dual- 
use homeland security risks that must be managed. 
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(b) REQUIREMENT.—The Secretary of Homeland Se-
curity, acting through the Under Secretary of Homeland 
Security for Science and Technology, shall examine and 
report to the appropriate congressional committees by not 
later than one year after the date of enactment of this 
Act on the homeland security implications of the dual-use 
nature of synthetic genomics, and if the Under Secretary 
determines that such research is appropriate, may conduct 
research in that area, including— 
(1) determining the current capability of syn-
thetic nucleic acid providers to effectively differen-
tiate a legitimate customer from a potential terrorist 
or other malicious actor; 
(2) determining the current capability of syn-
thetic nucleic acid providers to effectively screen or-
ders for sequences of homeland security concern; 
and 
(3) making recommendations regarding screen-
ing software, protocols, and other remaining capa-
bility gaps uncovered by the study. 
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SEC. 204. DISSEMINATION OF INFORMATION ANALYZED BY 
THE DEPARTMENT TO STATE, LOCAL, TRIB-
AL, AND PRIVATE ENTITIES WITH RESPON-
SIBILITIES RELATING TO HOMELAND SECU-
RITY. 
(a) RESPONSIBILITIES OF THE SECRETARY.—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’’. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall submit to the appropriate congressional 
committees a report on the implementation of this section. 
SEC. 205. NATIONAL BIOSURVEILLANCE INTEGRATION 
CENTER (NBIC). 
Section 316 of the Homeland Security Act (6 U.S.C. 
195b) is amended— 
(1) in subsection (a), by striking ‘‘an office or 
directorate of the Department’’ and all that follows 
through the period at the end and inserting the fol-
lowing: ‘‘the Office of Intelligence and Analysis.’’; 
(2) in subsection (d)(2)(B)— 
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(A) by inserting ‘‘and disseminate’’ after 
‘‘integrate’’; and 
(B) by inserting ‘‘, including information 
and intelligence generated elsewhere within the 
Office of Intelligence and Analysis and the De-
partment,’’ after ‘‘information’’; 
(3) in subsection (e)(1), by striking subpara-
graph (A) and inserting the following new subpara-
graph (A): 
‘‘(A) integrate biosurveillance information 
into the NBIC, with the goal of promoting in-
formation sharing between Federal, State, local, 
and tribal governments to detect biological at-
tacks and events of homeland concern;’’; 
(4) by amending paragraph (2) of subsection (f) 
to read as follows: 
‘‘(2) DETAIL OF PERSONNEL.—The head of a 
participating Federal department or agency shall de-
tail, on a reimbursable basis, any of the personnel 
of that department or agency to the Department to 
assist the NBIC in carrying out this section.’’; and 
(5) by redesignating subsection (j) as sub-
section (k) and inserting after subsection (i) the fol-
lowing new subsection (j): 
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‘‘(j) ANNUAL REPORT.—Not later than one year 
after the date of the enactment of the WMD Prevention 
and Preparedness Act of 2010 and annually thereafter, 
the Secretary shall submit to the appropriate congres-
sional committees a report on— 
‘‘(1) the status of operations at the National 
Biosurveillance Integration Center of the Depart-
ment under section 316; 
‘‘(2) efforts by the Office of Intelligence and 
Analysis to take responsibility for the National Bio-
surveillance Integration Center; and 
‘‘(3) efforts to integrate the biosurveillance ef-
forts of Federal, State, local, and tribal govern-
ments.’’. 
SEC. 206. DEADLINE FOR COMPLETION OF METHODS TO 
RAPIDLY SCREEN TRAVELERS AT PORTS OF 
ENTRY. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
complete the development of the methods to rapidly screen 
travelers at ports of entry, as required under subsection 
(b) of section 2133 of the Homeland Security Act of 2002, 
as added by section 201. 
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SEC. 207. REPORT ON ESTABLISHMENT OF THE SYSTEM AS-
SESSMENT 
AND 
VALIDATION 
FOR 
EMER-
GENCY RESPONDERS (SAVER) PROGRAM. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
submit to the appropriate congressional committees a re-
port on the SAVER Program under section 2134 of the 
Homeland Security Act of 2002, as added by section 201. 
SEC. 208. NATIONAL ACADEMY OF SCIENCES STUDY OF FO-
RENSIC SCIENCE IN HOMELAND SECURITY. 
(a) STUDY.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security, acting through the Under Secretary of Home-
land Security for Science and Technology, shall seek to 
enter into an agreement with the National Academy of 
Sciences to— 
(1) conduct a study, building on previous stud-
ies conducted by the National Academy of Sciences, 
on the role of forensic science in homeland security; 
and 
(2) issue recommendations to enhance this 
homeland security capability to investigate attacks 
from weapons of mass destruction, terrorist inci-
dents, and other crimes investigated by the Depart-
ment. 
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(b) REPORT.—Not later than two years after the date 
of the enactment of this Act, the Secretary shall submit 
to the appropriate congressional committees a report con-
taining the results of the National Academy of Sciences 
study required under subsection (a), together with any 
recommendations of the Secretary related thereto. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Department, for fis-
cal year 2011, $1,000,000 to carry out this section. 
SEC. 209. HARMONIZATION OF REGULATIONS. 
(a) REGULATIONS UNDER PUBLIC HEALTH SERVICE 
ACT.—Not later than one year after the Secretary of 
Homeland Security promulgates regulations or amend-
ments thereto to carry out section 2104 of the Homeland 
Security Act of 2002, as added by section 201, the Sec-
retary of Health and Human Services shall amend regula-
tions 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 regulations are not 
redundant and are not in conflict with the regulations pro-
mulgated by the Secretary under such section 2104. 
(b) REGULATIONS UNDER AGRICULTURE BIOTER-
RORISM PROTECTION ACT OF 2002.—Not later than one 
year after the Secretary of Homeland Security promul-
gates regulations or amendments thereto pursuant to such 
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section 2104, the Secretary of Agriculture shall amend 
regulations promulgated under the Select Agent Program 
under section 212(b)(1) of the Agricultural Bioterrorism 
Protection Act of 2002 (7 U.S.C. 8401(b)(1)) to ensure 
that such regulations are not redundant and are not in 
conflict with the regulations promulgated by the Secretary 
under such section 2104. 
SEC. 210. COMMUNICATIONS PLANNING FOR WEAPONS OF 
MASS DESTRUCTION INFORMATION DISSEMI-
NATION. 
(a) COMMUNICATIONS PLANS REQUIRED.—Section 
653 of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 753) is amended— 
(1) in subsection (a)(4), by inserting after ‘‘dis-
asters’’ the following ‘‘, and a communications plan 
described in subsection (f)’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(f) COMMUNICATIONS PLAN.— 
‘‘(1) IN GENERAL.—A communications plan de-
veloped under subsection (a)(4) shall be designed to 
provide information to the public related to pre-
venting, preparing for, and responding to attacks 
from weapons of mass destruction and acts of ter-
rorism; 
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‘‘(2) CONSULTATION.—As appropriate, the Ad-
ministrator shall consult with State, local, and tribal 
governments and coordinate with other Federal de-
partments and agencies in developing communica-
tions plans under paragraph (1). 
‘‘(3) PRESCRIPTED
MESSAGES
AND
MESSAGE 
TEMPLATES.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall develop and disseminate pre-scripted mes-
sages and message templates to be provided to 
State, local, and tribal officials so that those of-
ficials can quickly and rapidly disseminate crit-
ical information to the public in anticipation or 
in the immediate aftermath of an attack from 
a weapon of mass destruction or terrorist inci-
dent, and to be included in the Department of 
Homeland Security’s Lessons Learned Informa-
tion Sharing system. 
‘‘(B) DEVELOPMENT
AND
DESIGN.—The 
pre-scripted messages or message templates 
shall— 
‘‘(i) be developed in consultation with 
State, local, and tribal governments and in 
coordination with other appropriate Fed-
eral departments and agencies; 
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‘‘(ii) be designed to provide accurate, 
essential, and appropriate information and 
instructions to the population directly af-
fected by an incident, including informa-
tion regarding an evacuation, sheltering in 
place, hospital surge operations, health, 
and safety; and 
‘‘(iii) be designed to provide accurate, 
essential, and appropriate information and 
instructions to emergency response pro-
viders and medical personnel responding to 
an incident. 
‘‘(C) COMMUNICATIONS
FORMATS.—The 
Administrator shall develop pre-scripted mes-
sages or message templates under this para-
graph in multiple formats to ensure delivery— 
‘‘(i) in cases where the usual commu-
nications infrastructure is unusable; and 
‘‘(ii) to individuals with disabilities or 
other special needs and individuals with 
limited English proficiency. 
‘‘(D) DISSEMINATION AND TECHNICAL AS-
SISTANCE.—The Administrator shall ensure 
that all pre-scripted messages and message 
templates developed under this paragraph are 
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made available to State, local, and tribal gov-
ernments so that those governments may incor-
porate them, as appropriate, into their emer-
gency plans. The Administrator shall also make 
available relevant technical assistance to those 
governments to support communications plan-
ning. 
‘‘(E) EXERCISES.—To ensure that the pre- 
scripted messages or message templates devel-
oped under this paragraph can be effectively 
utilized in a disaster or incident, the Adminis-
trator shall incorporate such pre-scripted mes-
sages or message templates into exercises con-
ducted under the National Exercise Program 
described in section 648 of the Post-Katrina 
Emergency Management Reform Act of 2006 
(6 U.S.C. 748).’’. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Administrator shall sub-
mit to the appropriate congressional committees the com-
munications plans required to be developed under the 
amendments made by subsection (a), including pre- 
scripted messages or message templates developed in con-
junction with the plans and a description of the means 
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that will be used to deliver these messages during such 
incidents. 
SEC. 211. REPORT ON RECOVERY FROM CHEMICAL, BIO-
LOGICAL, RADIOLOGICAL, AND NUCLEAR AT-
TACKS. 
Not later than one year after the date of the enact-
ment of this Act, the Administrator of the Environmental 
Protection Agency shall submit to the appropriate con-
gressional committees a report on the Administrator’s as-
sessment under section 2162 of the Homeland Security 
Act of 2002, as added by section 201. 
TITLE III—PUBLIC HEALTH 
MATTERS 
SEC. 301. NATIONAL MEDICAL COUNTERMEASURE DIS-
PENSING 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 DIS-
PENSING STRATEGY. 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘dispense’ means to provide med-
ical countermeasures to an affected population in re-
sponse to a threat or incident; and 
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‘‘(2) the term ‘medical countermeasure’ means 
a qualified countermeasure (as defined in section 
319F–1(a)(2)). 
‘‘(b) STRATEGY.—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 an attack on humans or animals with any chemical, 
biological, radiological, or nuclear material. 
‘‘(c) COORDINATION.—Where appropriate, the Sec-
retary shall coordinate with State, local, and tribal govern-
ment officials, private sector, and nongovernmental orga-
nizations on the National Medical Countermeasures Dis-
pensing Strategy. 
‘‘(d) REPORT.—Not later than one year after the 
date of the enactment of this section, the Secretary, in 
coordination with the Secretary of Homeland Security, 
shall submit the National Medical Countermeasures Dis-
pensing Strategy to the appropriate congressional commit-
tees.’’. 
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SEC. 302. MATERIAL THREAT ASSESSMENTS AND DETER-
MINATIONS. 
Section 319F–2(c)(2)(A) of the Public Health Serv-
ice Act (42 U.S.C. Sec 247d–6b(c)(2)(A)) is amended— 
(1) in clause (i), by striking ‘‘and’’ at the end; 
(2) in clause (ii), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(iii) review and reassess determina-
tions under clause (ii) to determine wheth-
er agents continue to present a material 
threat against the United States popu-
lation sufficient to affect national security 
and homeland security.’’. 
SEC. 303. NATIONAL PRE-EVENT VACCINATION AND ANTI-
MICROBIAL DISPENSING POLICY REVIEW. 
(a) REQUIREMENT.—The Secretary of Health and 
Human Services, in coordination with the Secretary of 
Homeland Security, 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 phe-
nomena that may have serious health consequences for the 
United States, including wide-scale fatalities or infectious 
disease outbreaks. In carrying out the review under this 
section, the Secretary shall consider— 
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(1) material threat assessments and determina-
tions conducted by the Department of Homeland Se-
curity; 
(2) reports on global trends and intelligence 
produced by the Office of the Director of National 
Intelligence and the Intelligence Community regard-
ing biological threats; 
(3) the availability of domestic vaccine and 
antimicrobials to dispense to the public, on a vol-
untary basis, in anticipation of a biological attack; 
and 
(4) making surplus expiring domestic vaccine 
and antimicrobials available to State, local, and trib-
al emergency responders, including health care re-
sponders, on a voluntary basis. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Health and 
Human Services shall submit to the appropriate congres-
sional committees a report on the review required by sub-
section (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. 
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SEC. 304. DESIGNATION OF TIER I MATERIAL THREAT 
AGENTS. 
(a) PUBLIC HEALTH SERVICE ACT.—Section 351A 
of the Public Health Service Act (42 U.S.C. 262a) is 
amended in subsection (a)— 
(1) by redesignating paragraph (2) as para-
graph (3); 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) TIER I MATERIAL THREAT AGENTS.— 
‘‘(A) DESIGNATION OF TIER I MATERIAL 
THREAT AGENTS.—Not later than 1 year after 
the date of the enactment of this paragraph, 
the Secretary, in coordination with the Sec-
retary of Homeland Security and other Federal 
officials as appropriate, shall by regulation des-
ignate as ‘Tier I Material Threat Agents’ those 
agents and toxins— 
‘‘(i) that— 
‘‘(I) are determined by the Sec-
retary of Homeland Security under 
section 319F–2(c)(2) to present a ma-
terial threat against the United States 
population sufficient to affect national 
security; and 
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‘‘(II) are determined to warrant 
designation after applying the criteria 
in subparagraph (B); or 
‘‘(ii) that clearly present a material 
threat to the Nation as otherwise deter-
mined by the Secretary or the Secretary of 
Homeland Security. 
‘‘(B) CRITERIA.—In determining whether 
to designate an agent or toxin as a Tier I Mate-
rial Threat Agent under subparagraph (A)(i), 
the Secretary, in coordination with the Sec-
retary of Homeland Security, shall consider— 
‘‘(i) whether the agent or toxin can be 
used effectively in a biological attack; 
‘‘(ii) information available from any 
biological or bioterrorism risk assessments 
conducted by the Department of Homeland 
Security and relevant assessments by other 
agencies; and 
‘‘(iii) such other criteria and informa-
tion as the Secretary, in coordination with 
the Secretary of Homeland Security, deter-
mines appropriate and relevant. 
‘‘(C) INCLUSION OF AGENTS AND TOXINS 
NOT PREVIOUSLY LISTED.—All agents or toxins 
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designated by the Secretary as Tier I Material 
Threat Agents shall be included on the list 
maintained by the Secretary pursuant to para-
graph (1). 
‘‘(D) EVALUATION
OF
TIER
I
MATERIAL 
THREAT AGENTS.—The Secretary, in coordina-
tion with the Secretary of Homeland Security, 
shall— 
‘‘(i) on an ongoing basis, consider the 
inclusion of additional agents or toxins on 
the list of Tier I Material Threat Agents, 
as appropriate; and 
‘‘(ii) at least biennially, review the list 
of Tier I Material Threat agents to deter-
mine whether any agents or toxins should 
be removed from the list.’’; and 
(3) in paragraph (3), as so redesignated— 
(A) by striking ‘‘list under paragraph (1)’’ 
and inserting ‘‘lists under paragraphs (1) and 
(2)’’; and 
(B) by striking ‘‘revise the list’’ and insert-
ing ‘‘revise the lists’’. 
(b) AGRICULTURAL
BIOTERRORISM
PROTECTION 
ACT OF 2002.—Section 212(a) of the Agricultural Bioter-
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rorism 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 MATERIAL THREAT AGENTS.— 
‘‘(A) DESIGNATION OF TIER I MATERIAL 
THREAT
AGENTS.—Not later than one year 
after the date of the enactment of this para-
graph, the Secretary, in coordination with the 
Secretary of Homeland Security, the Secretary 
of Health and Human Services, and other Fed-
eral officials as appropriate, shall by regulation 
designate as ‘Tier I Material Threat Agents’ 
those agents and toxins— 
‘‘(i) that— 
‘‘(I) are determined by the Sec-
retary of Homeland Security under 
section 319F–2(c)(2) of the Public 
Health Service Act to present a mate-
rial threat against the United States 
population sufficient to affect national 
security; and 
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‘‘(II) are determined to warrant 
designation after applying the criteria 
in subparagraph (B); or 
‘‘(ii) that clearly present a material 
threat to the Nation as otherwise deter-
mined by the Secretary or the Secretary of 
Homeland Security. 
‘‘(B) CRITERIA.—In determining whether 
to designate an agent or toxin as a Tier I Mate-
rial Threat Agent under subparagraph (A)(i), 
the Secretary, in coordination with the Sec-
retary of Homeland Security, shall consider— 
‘‘(i) whether the agent or toxin can be 
used effectively in a biological attack; 
‘‘(ii) information available from any 
biological or bioterrorism risk assessments 
conducted by the Department of Homeland 
Security and relevant assessments by other 
agencies; and 
‘‘(iii) such other criteria and informa-
tion that the Secretary, in coordination 
with the Secretary of Homeland Security, 
determines appropriate and relevant. 
‘‘(C) INCLUSION OF AGENTS AND TOXINS 
NOT PREVIOUSLY LISTED.—All agents or toxins 
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designated by the Secretary as Tier I Material 
Threat Agents shall be included on the list 
maintained by the Secretary pursuant to para-
graph (1). 
‘‘(D) EVALUATION
OF
TIER
I
MATERIAL 
THREAT AGENTS.—The Secretary, in coordina-
tion with the Secretary of Homeland Security, 
shall— 
‘‘(i) on an ongoing basis, consider the 
inclusion of additional agents or toxins on 
the list of Tier I Material Threat Agents, 
as appropriate; and 
‘‘(ii) at least biennially, review the list 
of Tier I Material Threat agents to deter-
mine whether any agents or toxins should 
be removed from the list.’’; and 
(3) in paragraph (3), as so redesignated— 
(A) by striking ‘‘list under paragraph (1)’’ 
and inserting ‘‘lists under paragraphs (1) and 
(2)’’; and 
(B) by striking ‘‘revise the list’’ and insert-
ing ‘‘revise the lists’’. 
SEC. 305. 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 
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the end the following: ‘‘In identifying whether an indi-
vidual is within a category specified in subparagraph 
(B)(ii)(II), the Attorney General shall coordinate with the 
Secretary of Homeland Security, the Secretary of Defense, 
and the Secretary of State to determine whether these offi-
cials possess any information relevant to the identification 
of such an individual by the Attorney General.’’. 
SEC. 306. BIOTECHNOLOGY RESEARCH, DEVELOPMENT, 
AND PROCUREMENT. 
Title III of the Public Health Service Act is amended 
by inserting after section 319M (42 U.S.C. 247d–f) the 
following: 
‘‘SEC. 319N. BIOTECHNOLOGY RESEARCH, DEVELOPMENT, 
AND PROCUREMENT. 
‘‘(a) IN GENERAL.—The Secretary shall develop a 
comprehensive research, development, and acquisition 
process for counter-bioterrorism that employs the inherent 
functions, capabilities, authorities, and responsibilities of 
NIH, BARDA, and Project BioShield. The process shall— 
‘‘(1) assign NIH responsibility for research and 
development of counter-bioterrorism technologies 
that range in development from basic principles ob-
served and reported up to model or prototype dem-
onstration in a relevant environment; 
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‘‘(2) assign BARDA responsibility for research 
and development of counter-bioterrorism tech-
nologies that range in development from model or 
prototype demonstration in a relevant environment 
up to a system qualified for application through suc-
cessful test and demonstration; 
‘‘(3) assign Project BioShield responsibility for 
procurement of counter-bioterrorism technologies 
that— 
‘‘(A) are qualified for application through 
successful test and demonstration; and 
‘‘(B) meet the minimum statutory require-
ments for emergency use authorization in sec-
tion 564 of the Federal Food, Drug, and Cos-
metic Act; and 
‘‘(4) include a formal agreement among NIH, 
BARDA, and Project BioShield that— 
‘‘(A) identifies the need for any specific bi-
ological countermeasure, derived from informa-
tion developed under section 319F–2; 
‘‘(B) identifies the current technology 
readiness level of the countermeasure; and 
‘‘(C) requires the development of the bio-
logical countermeasure from the current tech-
nology readiness level through the procurement 
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of the countermeasure in accordance with para-
graph (3). 
‘‘(b) RESPONSIBILITY
OF
NIH.—For counter-
measures identified under subsection (a)(4)(A) that have 
a level of development from basic principles observed and 
reported up to model or prototype demonstration in a rel-
evant environment, the Director of NIH shall conduct re-
search and development until the Director certifies to the 
Secretary of Health and Human Services that— 
‘‘(1) the countermeasure has completed model 
or prototype demonstration in a relevant environ-
ment; or 
‘‘(2) the Director does not believe that comple-
tion of model or prototype demonstration in a rel-
evant environment is reasonably achievable. 
‘‘(c) RESPONSIBILITY
OF BARDA.—For counter-
measures identified under subsection (a)(4)(A) that have 
a level of development of model or prototype demonstra-
tion in a relevant environment, including but not limited 
to those countermeasures certified to have that level of 
development by the Director of NIH, the Director of 
BARDA shall conduct research and development until the 
Director of BARDA certifies to the Secretary of Health 
and Human Services that— 
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‘‘(1) the countermeasure has qualified for appli-
cation through successful test and demonstration; or 
‘‘(2) the Director does not believe that quali-
fication for application through successful test and 
demonstration is reasonably achievable. 
‘‘(d) RESPONSIBILITY OF PROJECT BIOSHIELD.— 
For 
countermeasures 
identified 
under 
subsection 
(a)(4)(A) that are qualified for application through suc-
cessful test and demonstration, including but not limited 
to those countermeasures certified to have qualified for ap-
plication through successful test and demonstration by the 
Director of BARDA, the Assistant Secretary of Health 
and Human Services for Preparedness and Response shall 
use the Project BioShield special reserve fund to procure 
the countermeasure if the countermeasure meets the re-
quirements for emergency use authorization described in 
subsection (a)(3)(B). 
‘‘(e) NO REQUIREMENT FOR FOOD AND DRUG AD-
MINISTRATION GENERAL USE APPROVAL.—The Secretary 
shall ensure that the Directors of NIH and BARDA and 
the Assistant Secretary of Health and Human Services for 
Preparedness and Response do not discontinue any re-
search, development, or procurement of a countermeasure 
identified under subsection (a)(4)(A) because the Food 
and Drug Administration has not, or decides against, ap-
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proving or licensing the countermeasure for general use 
under chapter V of the Federal Food, Drug, and Cosmetic 
Act or section 351 of this Act, as applicable. 
‘‘(f) ENTREPRENEURIAL RISK.—The Secretary shall 
require the Directors of NIH and BARDA and the Assist-
ant Secretary of Health and Human Services for Pre-
paredness and Response to demonstrate a reasonably ag-
gressive level of entrepreneurial risk in research, develop-
ment, and procurement of each countermeasure identified 
under subsection (a)(4)(A). 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘BARDA’ means the Biomedical 
Advanced Research and Development Authority es-
tablished under section 319L(c). 
‘‘(2) The term ‘NIH’ means the National Insti-
tutes of Health. 
‘‘(3) The term ‘Project Bioshield’ means the 
Federal medical countermeasure procurement pro-
gram established by Public Law 108–276.’’. 
TITLE IV—FOREIGN RELATIONS 
MATTERS 
SEC. 401. INTERNATIONAL COLLABORATION AND INFORMA-
TION SHARING RELATING TO BIOSECURITY. 
The Secretary of State, in coordination with the Sec-
retary of Homeland Security, the Secretary of Agriculture, 
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the Secretary of Health and Human Services, and the 
heads of other appropriate Federal agencies, shall— 
(1) support efforts in other countries and re-
gions to develop mechanisms and capabilities for re-
porting 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 recommenda-
tions on how best to address such risk; 
(3) engage such entities and countries to pro-
mote greater awareness and understanding of the 
global availability of and access to life science tech-
nologies and materials; and 
(4) promote the development and use of mecha-
nisms 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. 
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SEC. 402. INTERNATIONAL ENGAGEMENT TO ENHANCE BIO-
DEFENSE AND BIOSECURITY. 
The Secretary of State, in coordination and consulta-
tion with the Secretary of Homeland Security, and the 
heads other appropriate Federal agencies, shall— 
(1) support efforts of other countries to estab-
lish and build capacity to effectively implement legis-
lation criminalizing the development or use of bio-
logical 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 en-
hance 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 inter-
national law enforcement and security officials. 
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SEC. 403. INTERAGENCY TASK FORCE ON BEST PRACTICES 
FOR GLOBAL BIOPREPAREDNESS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that preparedness for a chemical, biological, radio-
logical, 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 inter-
national forum for discussion of key health security poli-
cies with international dimensions, and the establishment 
of a formal United States interagency task force to de-
velop best practices and recommendations for implementa-
tion of a global preparedness architecture could enhance 
global preparedness. 
(b) ESTABLISHMENT OF TASK FORCE.—The Sec-
retary 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 bio-
preparedness architecture that would advance inter-
national health security, including considerations 
of— 
(A) risk assessments; 
(B) prevention and deterrence; 
(C) detection; 
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