I 
117TH CONGRESS 
1ST SESSION H. R. 5406 
To require the development of a plan for the establishment of an interagency 
biodefense task force on the attribution of certain biological events, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2021 
Mr. SWALWELL introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Armed Services, Homeland Security, Natural Resources, Foreign Affairs, 
Financial Services, Ways and Means, Veterans’ Affairs, the Judiciary, In-
telligence (Permanent Select), and Agriculture, 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 require the development of a plan for the establishment 
of an interagency biodefense task force on the attribution 
of certain biological events, 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. 
This Act may be cited as the ‘‘Biological Intelligence 
Organization and Attribution Act’’. 
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SEC. 2. PLAN FOR ESTABLISHMENT OF INTERAGENCY BIO-
DEFENSE TASK FORCE ON BIOLOGICAL AT-
TRIBUTION. 
(a) PLAN REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act, the officials de-
scribed in subsection (e) shall jointly develop a plan for 
the establishment of an interagency biodefense task force 
to support and inform decision making based on biological 
attribution. 
(b) ELEMENTS.—The plan developed under sub-
section (a) shall include the following: 
(1) A description of the biological attribution 
duties of the task force, including an identification 
of the following: 
(A) The extent and nature of involvement, 
if any, of the task force (or the member agen-
cies of the task force) in the collection, analysis, 
or distribution of intelligence, or other informa-
tion, relevant to the attribution of biological 
events, including any interagency coordination 
functions related to such collection, analysis, or 
distribution. 
(B) The level and type of biological events 
that may trigger an attribution determination 
by the task force (or the member agencies of 
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the task force) regarding the source, cause, or 
origin of the event. 
(C) The process of the task force for mak-
ing an attribution determination as specified in 
subparagraph (B). 
(D) In making such an attribution deter-
mination, the extent to which the task force 
shall— 
(i) ensure the accuracy, reliability, 
timeliness, credibility, and defensibility of 
such intelligence, information, and evi-
dence, including by meeting applicable evi-
dentiary standards; and 
(ii) address national security consider-
ations. 
(E) The reporting structure for the task 
force following such a determination, including 
the reporting structure if the task force has de-
termined the source, cause, or origin of a bio-
logical event to be an act of biological warfare 
or bioterrorism. 
(F) The extent and nature of involvement 
of the task force in national security decision 
making following such a determination, includ-
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ing a description of how the task force shall 
support and inform the decision making. 
(G) Any other coordination functions to be 
carried out by the task force, including— 
(i) functions relating to intelligence 
and information sharing with agencies 
other than member agencies with respon-
sibilities for biodefense; and 
(ii) the conduct of coordinated exer-
cises relating to biological attribution de-
terminations, decision making following 
such determinations, and ensuring that 
such decisions are defensible. 
(2) A description of the specific roles of each 
member agency of the task force in carrying out the 
duties under paragraph (2). 
(3) A description of any additional authorities 
or resources that may be necessary for the task 
force to carry out such duties. 
(4) A description of how the national biodefense 
strategy and implementation plan under section 
1086 of the National Defense Authorization Act for 
Fiscal Year 2017 (6 U.S.C. 104), including any up-
dates to such plan made pursuant to section 364 of 
the William M. (Mac) Thornberry National Defense 
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Authorization Act for Fiscal Year 2021 (6 U.S.C. 
106), may require revision or further update in con-
sideration of the establishment, and subsequent per-
formance of duties, of the task force. 
(5) A description of how the task force may, or 
shall, contribute to the biennial review of such strat-
egy and the further update of such implementation 
plan. 
(c) SUBMISSION TO CONGRESS.—Not later than 180 
days after the date of the enactment of this Act, the offi-
cials described in subsection (e) shall submit to the appro-
priate congressional committees the plan required under 
subsection (a). 
(d) ESTABLISHMENT.—Not later than 90 days after 
the date of the submission of the plan pursuant to sub-
section (c), the officials described in subsection (e) shall 
establish the interagency biodefense task force in accord-
ance with such plan. 
(e) COVERED OFFICIALS.—The officials described in 
this subsection are the following: 
(1) The Secretary of Agriculture. 
(2) The Secretary of Defense. 
(3) The Secretary of Energy. 
(4) The Secretary of Health and Human Serv-
ices. 
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(5) The Secretary of Homeland Security, 
(6) The Secretary of the Interior. 
(7) The Secretary of State. 
(8) The Secretary of Treasury. 
(9) The Secretary of Veterans Affairs. 
(10) The Attorney General. 
(11) The Director of National Intelligence. 
(12) The Director of the Central Intelligence 
Agency. 
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services, the 
Committee on Health, Education, Labor, and Pen-
sions, the Committee on Homeland Security and 
Governmental Services, and the Select Committee on 
Intelligence of the Senate; and 
(2) the Committee on Armed Services, the 
Committee on Energy and Commerce, the Com-
mittee on Homeland Security, and the Permanent 
Select Committee on Intelligence of the House of 
Representatives. 
Æ 
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