the United States, including wide-scale fatalities or 
infectious disease outbreaks. 
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, analyze, 
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— 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
(1) include methods for the recruitment, train-
ing, and retention of a workforce with expertise in the 
collection, analysis, and dissemination of intelligence 
related to all types of weapons of mass destruction 
and science and technology related to weapons of 
mass destruction, as well as expertise in science and 
technology relating to 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 anal-
ysis and collection including the development of inno-
vative human and technical intelligence collection ca-
pabilities and techniques; and 
(4) address each type of weapon of mass destruc-
tion as necessary and appropriate. 
(c) IMPLEMENTATION PLAN.—The plan for imple-
menting the strategy required under subsection (a) shall in-
clude— 
(1) actions necessary to increase the effectiveness 
and efficiency of the sharing of intelligence on weap-
ons of mass destruction throughout the Intelligence 
Community, including a description of statutory, reg-
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
ulatory, policy, technical, security, or other barriers 
that prevent such sharing, and, as appropriate, the 
development of uniform standards across the Intel-
ligence Community for such sharing; 
(2) methods to disseminate intelligence products 
to national biosecurity and biodefense stakeholders in 
unclassified formats to increase the effectiveness and 
efficiency 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 authorities; 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 congressional commit-
tees 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; 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
(5) assignments of roles and responsibilities to 
elements of the Intelligence Community to implement 
the strategy; and 
(6) a schedule for assessment of the effectiveness 
and efficiency of the strategy, including metrics. 
(d) COORDINATION.—The Director of National Intel-
ligence shall, as the Director considers appropriate, coordi-
nate with State, local, and tribal government authorities, 
private sector, and nongovernmental organizations in the 
development 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 Intel-
ligence, in consultation with the Secretary of Homeland Se-
curity, shall submit to the appropriate congressional com-
mittees the strategy and plan required under subsection (a). 
The report shall be in unclassified form but with a classified 
annex, as appropriate. 
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-
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
velop and implement a strategy and a plan for imple-
menting the strategy that is integrated into the Na-
tional Intelligence Strategy for Countering the Threat 
from Weapons of Mass Destruction, as required 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 for plan for establishing in the In-
telligence 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 develop 
a weapon of mass destruction; 
(2) include a plan for defining the functions, ca-
pabilities, and gaps with respect to addressing the 
risk of a weapon of mass destruction attack in the in-
telligence workforce; 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
(3) identify strategies to recruit, retain, and pro-
tect such workforce from workplace exposures to bio-
logical 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 intelligence personnel 
and resources to address biological threats. 
(c) IMPLEMENTATION
PLAN.—The implementation 
plan for the strategy required under subsection (a) shall— 
(1) include actions necessary to increase the ef-
fectiveness and efficiency of the sharing of intelligence 
throughout the Intelligence Community on biological 
weapons and organisms that could be used for biologi-
cal terrorism, including a description of statutory, 
regulatory, policy, technical, security, or other bar-
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
riers that prevent such sharing, and, as appropriate, 
the development of uniform standards across the In-
telligence Community for such sharing; 
(2) address strategic and tactical human intel-
ligence, measurement and signature intelligence, tech-
nical intelligence, medical intelligence, and open- 
source intelligence activities necessary to implement 
the strategy; 
(3) identify specific objectives to be accomplished 
during each year of the five-year period that begins 
on the date on which the strategy is submitted to the 
appropriate congressional committees under sub-
section (d) and tasks to accomplish such objectives, in-
cluding— 
(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 strat-
egy; 
(5) a schedule for assessment of the effectiveness 
and efficiency of the strategy, including metrics; and 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
(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 Intel-
ligence, in consultation with the Secretary of Homeland Se-
curity, shall submit to the appropriate congressional com-
mittees the strategy and plan required under subsection (a). 
The report shall be in unclassified form but with a classified 
annex, as appropriate. 
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: 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘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 Preven-
tion and Preparedness Act of 2010 and the National Intel-
ligence Strategy for Countering Biological Threats under 
section 102 of that Act and shall— 
‘‘(1) evaluate and establish a baseline of terrorist 
actors, their claims, and their plans to conduct at-
tacks 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; 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(3) provide tailored analytical support on these 
threats to State, local, and tribal authorities 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 Community, 
including the National Counter Proliferation Center. 
‘‘(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 com-
mittees on the intelligence and information sharing activi-
ties of the unit for weapons of mass destruction intelligence 
and information sharing established under subsection (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 relevant intelligence 
strategies, including the National Intelligence Strategy for 
Countering the Threat from Weapons of Mass Destruction 
and the National Intelligence Strategy for Countering Bio-
logical Threats. 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘SEC. 2102. INFORMATION SHARING AND COLLABORATION 
FOR BIOSECURITY AND BIODEFENSE. 
‘‘(a) RESPONSIBILITIES OF SECRETARY OF HOMELAND 
SECURITY.—To increase situational awareness, the Sec-
retary, acting through the Under Secretary for Intelligence 
and Analysis, shall— 
‘‘(1) to the greatest extent practicable, integrate 
into the homeland security, intelligence, and informa-
tion sharing process national biosecurity and bio-
defense stakeholders; 
‘‘(2) develop an information sharing framework 
for homeland security intelligence and information 
sharing withe national biosecurity and biodefense 
stakeholders; 
‘‘(3) enable national biosecurity and biodefense 
stakeholders to provide recommendations with respect 
to the development of mechanisms and protocols to in-
tegrate information from national biosecurity and 
biodefense stakeholders; 
‘‘(4) leverage existing and emerging homeland se-
curity capabilities and structures, including fusion 
centers established pursuant to section 210A, to en-
hance prevention, detection, preparedness, and collec-
tive response, attribution, and recovery efforts of from 
a biological attack or other phenomena that may have 
serious health consequences for the United States, in-
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
cluding wide-scale fatalities or infectious disease out-
breaks; 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 OTHER DEPARTMENTS AND 
AGENCIES.—The Secretary shall work in coordination with 
the Secretary of State, the Secretary of Agriculture, the Sec-
retary of Health and Human Services, and the heads of 
other appropriate Federal agencies. 
‘‘SEC. 2103. BIOTERRORISM RISK ASSESSMENTS. 
‘‘(a) RISK ASSESSMENT.—The Secretary, in coordina-
tion with the heads of other appropriate Federal depart-
ments and agencies, shall produce biennial integrated risk 
assessments, to be known as ‘Bioterrorism Risk Assessments’ 
to identify and assess the evolving terrorist risk of a biologi-
cal attack or other phenomena that may have serious health 
consequences for the United States, including wide-scale fa-
talities or infectious disease outbreaks. These assessments 
shall— 
‘‘(1) identify the threat, vulnerability, and con-
sequences of a biological terrorist attack against the 
United States; 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(2) take into account intelligence and informa-
tion regarding terrorist intentions, capabilities, plans, 
and actions; 
‘‘(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 homeland security 
activities, as appropriate; 
‘‘(4) provide the basis for risk-informed invest-
ments in national strategic biodefense research, devel-
opment, planning, preparedness, and collective re-
sponse to biological attacks; 
‘‘(5) identify key knowledge and data gaps; 
‘‘(6) define critical biodefense vulnerabilities; 
‘‘(7) provide 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 subject 
matter experts to provide recommendations to the 
Under Secretary for Science and Technology as to the 
adequacy of the methodology used in the Assessments 
and to establish requirements and standards for the 
Assessments; 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(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 de-
cisions of the Department and can be made available 
to national biosecurity and biodefense stakeholders, as 
appropriate. 
‘‘SEC. 2104. RADIOLOGICAL MATERIALS SECURITY. 
‘‘(a) RISK ASSESSMENT.—The Secretary shall enhance 
domestic preparedness for and collective response to ter-
rorism by conducting annual risk assessments regarding the 
threat, vulnerability, and consequences of theft or other pro-
curement of radiological materials that could be used by 
a terrorist in a radiological dispersion device, including 
any specific threat information pertinent to the use of radi-
ological materials in a possible terrorist attack using a ra-
diological dispersion device. 
‘‘(b) CONSIDERATIONS.—In conducting the terrorism 
risk assessments under subsection (a), the Secretary shall— 
‘‘(1) consult with Secretary of Energy, Secretary 
of Heath and Human Services, and the Nuclear Reg-
ulatory Commission; 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(2) consider relevant studies previously pre-
pared by other Federal agencies, or other reputable 
sources; 
‘‘(3) focus on those radiological materials that 
constitute the greatest risk, and designate those mate-
rials as high-risk radiological materials for purposes 
of this section; 
‘‘(4) consider the potential radiological disper-
sion device value of different radiological materials 
including availability, dispersability, and ease of 
handling of such materials; 
‘‘(5) consider the vulnerability for theft or other 
procurement that different facilities represent; and 
‘‘(6) consider the consequences of a successful ra-
diological dispersion device attack, including risk of 
death or injury and economic losses. 
‘‘(c) CONSULTATION.—In conducting the terrorism risk 
assessments under subsection (a), the Secretary shall consult 
with the Intelligence Community, the Secretary of Energy 
and the Field Intelligence Elements of the National Labora-
tories, and the Nuclear Regulatory Commission, the Sec-
retary of Health and Human Services, and other appro-
priate experts to integrate and analyze information needed 
to develop the risk assessment. 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(d) DISSEMINATION OF FINDINGS.—The Secretary 
shall disseminate the findings of the risk assessments and 
any specific risk information developed in the assessment 
to all participating agencies including those described in 
subsection (c), as well State and local agencies, and the fa-
cilities containing radiological source material and regu-
lated by the Nuclear Regulatory Commission. 
‘‘(e) CLASSIFICATION.—The Secretary shall, as appro-
priate, share the terrorism risk assessments with law en-
forcement and critical infrastructure operators with appro-
priate security clearances. The Secretary shall also make 
available an unclassified version to each agency with which 
the Secretary is required to consult under subsection (c), 
as well as State and local law enforcement and public 
health authorities, and facilities possessing radiological ma-
terials with the support of the Department of Energy. 
‘‘SEC. 2105. ENHANCED BIOSECURITY MEASURES. 
‘‘(a) REGULATIONS.—At the request of the Secretary, 
the Secretary, in consultation with the Secretary of Agri-
culture, the Secretary of Health and Human Services, and 
the heads of other appropriate Federal agencies, shall, 
through a negotiated rulemaking committee under sub-
chapter III of chapter 5 of title 5, United States Code, estab-
lish enhanced biosecurity measures for persons or labora-
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
tories that possess, use, or transfer 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 personnel, 
and support personnel; 
‘‘(3) standards for performing laboratory vulner-
ability assessments in collaboration with each facility; 
‘‘(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 committee 
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. 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(1) the Commission on the Prevention of Weap-
ons of Mass Destruction Proliferation and Terrorism 
(established under section 1851 of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 
(Public Law 110–53; 121 Stat. 501)); 
‘‘(2) the National Science Advisory Board for 
Biosecurity (established under section 217a of title 42, 
United States Code, section 222 of the Public Health 
Service Act, and section 205 of the Pandemic and All- 
Hazards Preparedness Act); 
‘‘(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) views from representatives of biosecurity 
and biodefense stakeholders for methods to minimize 
any disincentives to biological 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 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
subsection (a) and any standards promulgated pursu-
ant 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, 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 sanctions 
may be imposed. Such procedures shall provide for 
notice, a reasonable opportunity to respond to the 
proposed penalty or intermediate sanction, and ap-
propriate procedures for appealing determinations re-
lating to the imposition of a penalty or intermediate 
sanction. 
‘‘(4) 
SIMULTANEOUS
LABORATORY
INSPEC-
TIONS.— 
‘‘(A) INSPECTION DATA SHARING AND EN-
FORCEMENT UNIFORMITY.—The Secretary of Ag-
riculture and the Secretary of Health and 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
Human Services shall periodically provide the 
Secretary with all data concerning inspections of 
laboratories that handle Tier 1 Material Threat 
Agents to ensure uniformity in enforcement of 
the regulations enacted under subsection (a) and 
to identify areas where the Secretary can provide 
guidance to the Secretary of Agriculture or the 
Secretary of Health and Human Services about 
approaches to enhance security at specific lab-
oratories. 
‘‘(B) SIMULTANEOUS
INSPECTIONS.—Any 
inspections of the same laboratory conducted by 
the Secretary of Agriculture pursuant to section 
212(a)(1) of the Agricultural Bioterrorism Pro-
tection Act of 2002 and the Secretary of Health 
and Human Services for compliance with regu-
lations promulgated under the Select Agent Pro-
gram under section 351A(a)(1) of the Public 
Health Service Act, shall be conducted simulta-
neously to the extent practicable. 
‘‘(C) COMMON INSPECTION PROCEDURES.— 
Departments conducting simultaneous inspec-
tions of a laboratory under this subsection shall 
ensure, to the maximum extent practicable, that 
such inspections are conducted using a common 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
set of inspection procedures across such depart-
ments in order to minimize the administrative 
burden on such laboratory. 
‘‘(D) INSPECTION REPORTS.—Inspection re-
ports generated under this paragraph shall be 
made available to each Federal agency that sup-
ports select agent laboratory activities at the in-
stitution that is the subject of the inspection re-
port, and to the institutions that are the object 
of inspections. 
‘‘SEC. 2106. 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 Mate-
rial Threat Agents are present in the United States and 
its territories. 
‘‘SEC. 2107. HIGH CONTAINMENT BIOLOGICAL LABORATORY 
SECURITY GRANTS. 
‘‘(a) GRANTS AUTHORIZED.—The Secretary, acting 
through the Administrator of the Federal Emergency Man-
agement Agency, may award grants based on risk to aca-
demic and nonprofit organizations and to State, local, and 
tribal authorities that possess, use, or transfer Tier I Mate-
rial Threat Agents, to enhance security at laboratories of 
such organizations and authorities. 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Department of Home-
land Security to carry out this subsection $50,000,000 for 
each of fiscal years 2011 through 2013. 
‘‘SEC. 
2108. 
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 prac-
tices and other laboratory biosecurity-related information, 
as the Secretary determines appropriate, with State, local, 
and tribal government authorities, including law enforce-
ment authorities 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 section 212(d)(2) of the Agricultural Bio-
terrorism Protection Act of 2002 (7 U.S.C. 8401(d)(2)) and 
subsections (d)(2) and (f)(3) of section 351A of the Public 
Health Service Act (42 U.S.C. 262a). 
‘‘(c) CLASSIFIED AND SENSITIVE INFORMATION.—The 
Secretary shall ensure that any information disseminated 
under this section is handled consistent with— 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(1) the authority of the Director of National In-
telligence to protect intelligence sources and methods 
under the National Security Act of 1947 (50 U.S.C. 
401 et seq.) and related procedures or similar au-
thorities 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. 2109. 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 biosecurity and bio-
defense stakeholders at unique risk of exploitation 
have access to guidance regarding actions that can re-
duce the risk of misuse of life sciences by terrorists 
and others. 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(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 Attorney General, 
shall submit to the appropriate congressional committees 
the recommended updates to criminal laws, as described in 
subsection (a)(1). 
‘‘SEC. 2110. 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 appropriate 
Federal agencies shall— 
‘‘(1) conduct homeland security investigations 
and enforce criminal violations of customs and export 
laws of the United States related to military items, 
controlled commodities, and sanctioned or embargoed 
countries to prevent individuals, terrorist groups, for-
eign adversaries, and hostile nations from— 
‘‘(A) illegally obtaining sensitive United 
States technology and munitions; and 
‘‘(B) obtaining weapons of mass destruction 
components, precursors, and delivery systems, in-
cluding— 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(i) United States military technical 
data, hardware, small arms and defense 
services; 
‘‘(ii) dual-use technical data/source 
code and commodities; and 
‘‘(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, in a 
manner that acknowledges commerce and trade, 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 relationships 
whereby companies and individuals can report 
suspicious contacts or attempts to violate the ex-
port laws of the United States. 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(b) NATIONAL EXPORT ENFORCEMENT COORDINA-
TION.— 
‘‘(1) ESTABLISHMENT; MEMBERSHIP.—There is 
established in the Department a unit responsible for 
national export enforcement coordination that is 
managed by the Secretary. The unit shall be composed 
of members who are representatives from the Depart-
ment, the Department of Commerce, the Department 
of Defense, the Department of Energy, the Depart-
ment of Justice, the Department of State, the Intel-
ligence Community, and other Federal agencies as ap-
propriate. 
‘‘(2) RESPONSIBILITIES.—The unit shall carry 
out the following responsibilities: 
‘‘(A) Coordinating law enforcement counter- 
proliferation 
investigations 
and 
intelligence 
counter-proliferation activities. 
‘‘(B) Addressing licensing inquiries, re-
views, requests, checks, and verifications. 
‘‘(C) Conducting outreach and providing 
training to the export trade community. 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘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 information 
so that citizens better understand the threat and the 
risk this threat poses to them’. 
‘‘(2) There are unique challenges for community 
preparedness for attacks from weapons of mass de-
struction 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.— 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(A) IN GENERAL.—Consistent with the re-
quirements of paragraph (1), the Secretary shall, 
on a timely basis, prepare unclassified ter-
rorism-related threat and risk assessments. 
‘‘(B) REQUIREMENTS.—Each assessment re-
quired under subparagraph (A) shall— 
‘‘(i) include guidance to the public for 
preventing and responding to acts of ter-
rorism; and 
‘‘(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 
AUTHORITIES.—The Secretary— 
‘‘(A) acting through the Administrator of 
the Federal Emergency Management Agency, 
shall provide to State, local, and tribal authori-
ties 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 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
communities as being at heightened risk of ex-
ploitation. 
‘‘(4) USE OF EXISTING RESOURCES.—The Sec-
retary shall use Internet websites, communication sys-
tems, and information networks in operation on the 
date of an assessment under this subsection to satisfy 
the requirements of paragraph (2)(B)(ii). The Sec-
retary shall provide guidance on how State, local, 
tribal, and private entities can partner with public 
television stations to disseminate information pro-
vided by the Department and shall provide informa-
tion on best practices on disseminating information 
to 
residents 
of 
local 
communities, 
including 
leveraging public television stations. 
‘‘SEC. 2122. INDIVIDUAL AND COMMUNITY PREPAREDNESS 
FOR WEAPONS OF MASS DESTRUCTION. 
‘‘(a) IN GENERAL.—The Secretary, acting through the 
Administrator for the Federal Emergency Management 
Agency, shall assist State, local, and tribal authorities in 
improving and promoting individual and community pre-
paredness and collective response to weapons of mass de-
struction and terrorist attacks involving chemical, biologi-
cal, radiological, and nuclear materials against the United 
States by— 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(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 ap-
propriate; 
‘‘(3) providing information and training mate-
rials in support of individual and community pre-
paredness efforts; 
‘‘(4) conducting individual and community pre-
paredness outreach efforts; and 
‘‘(5) 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 and collective response to weapons of 
mass destruction and terrorist attacks involving chemical, 
biological, radiological, and nuclear materials against the 
United States. 
‘‘(c) BEST PRACTICES.—In compiling guidance for in-
dividual and community preparedness in order to carry out 
subsection (a)(3), the Secretary shall give due regard to best 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
practices based on the experience of other countries and 
agencies and th expertise of academic institutions and non- 
governmental organizations. 
‘‘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 deter-
minations developed by the Secretary in accord-
ance with the Project BioShield Act of 2004 
(Public Law 108–276) and the amendments 
made by that Act; 
‘‘(C) reports on global trends produced by 
the Office of the Director of National Intelligence 
regarding the biological threat; 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(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 inte-
grate 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 protected, 
and a framework for enabling information ex-
change; 
‘‘(C) include a plan for fostering informa-
tion sharing between law enforcement, security, 
intelligence, and national biosecurity and bio-
defense stakeholders to identify potential threats, 
reduce vulnerabilities and improve collective re-
sponse activities to and investigations of sus-
pected biological attacks; and 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(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 enforcement 
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 recov-
ery from biological attacks. 
‘‘(b) PROGRAM REQUIREMENTS.—Under the program 
required under subsection (a), the Secretary shall— 
‘‘(1) enter into memoranda of agreement or 
interagency agreements under the Economy Act of 
1933 (31 U.S.C. 1535 et seq.) with the Director of the 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
Centers of Disease Control and Prevention and the 
Administrator of the Environmental Protection Agen-
cy, and the heads of other Federal departments and 
agencies, setting forth roles and responsibilities, in-
cluding with respect to filter testing protocols for par-
ticipating laboratories and coordination with appro-
priate 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 Pre-
vention, implement an assay equivalency program for 
biological threat assays that— 
‘‘(A) may evaluate biological threat detec-
tion assays, their protocols for use, and their as-
sociated response algorithms for confirmation of 
biological threat agents, taking performance 
measures and concepts of operation into consid-
eration; 
‘‘(B) may develop assay equivalency stand-
ards based on the findings of the evaluation 
under subparagraph (A); 
‘‘(C) will be updated as necessary; 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(D) shall require implementation of the 
standards developed under subparagraph (B) for 
all Department biological detection programs; 
and 
‘‘(E) shall make such standards available to 
support all other Federal biological detection 
programs. 
‘‘(c) CONTRACT AUTHORITY.—The Secretary is author-
ized to enter into contracts with participating laboratories 
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— 
‘‘(A) is fully equipped to detect and respond 
quickly to acts of biological terrorism; 
‘‘(B) provides biocontainment and micro-
biological analysis in support of the Department, 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
the Federal Bureau of Investigation and other 
law enforcement agencies with responsibilities for 
investigating biological incidents; and 
‘‘(C) supports threat agent characterization 
studies and assay evaluation, research and devel-
opment. 
‘‘(2) The term ‘assay’ means any scientific test 
that is designed to detect the presence of a biological 
threat agent that is of a type selected under criteria 
established by the Secretary. 
‘‘SEC. 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 rel-
evant operational components of the Department, assess 
whether the development of screening capabilities for bio-
logical agents, pandemic influenza, and other infectious dis-
eases should be undertaken by the Science and Technology 
Directorate to support entry and exit screening at ports of 
entry and for other purposes. 
‘‘(b) DEVELOPMENT OF METHODS.—If the Under Sec-
retary determines that the development of such screening 
capabilities should be undertaken, the Secretary shall, to the 
extent possible, initiate development of safe and effective 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
methods to rapidly screen incoming travelers at ports of 
entry for biological 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 equip-
ment and systems, including hand-held detectors 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; 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(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 Sec-
retary, the Attorney General, and the heads of other partici-
pating Federal agencies are authorized to enter into con-
tracts with the State and local public health laboratories 
that compose the Laboratory Response Network for Bioter-
rorism, and any other qualified laboratories, for the provi-
sion of laboratory testing services on a fee-for-service basis 
or on a prepayment or other similar basis. 
‘‘SEC. 2136. ESTABLISHMENT OF THE INTEGRATED CONSOR-
TIUM OF LABORATORY NETWORKS. 
‘‘(a) ESTABLISHMENT.—There is established in the De-
partment an Integrated Consortium of Laboratory Net-
works that is managed by the Secretary. 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(b) REQUIREMENTS.—The Integrated Consortium of 
Laboratory Networks shall— 
‘‘(1) be composed of networks of laboratories ca-
pable of integrated and coordinated response to and 
consequence management of attacks from weapons of 
mass destruction, acts of terrorism, and other inci-
dents 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 destruc-
tion, acts of terrorism, and other events requiring an 
integrated laboratory response; 
‘‘(3) serve as a system of laboratory networks 
that are equipped to detect and respond quickly to at-
tacks from weapons of mass destruction and acts of 
terrorism; 
‘‘(4) provide limited containment and analysis 
in support of the Department, the Federal Bureau of 
Investigation, and other law enforcement agencies 
with responsibilities for investigating incidents in-
volving weapons of mass destruction or their agents; 
and 
‘‘(5) support threat agent characterization stud-
ies and assay evaluation, research and development. 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘Subtitle D—Attribution 
‘‘SEC. 2141. BIOFORENSICS CAPABILITIES AND STRATEGY. 
‘‘(a) NATIONAL BIOFORENSICS ANALYSIS CENTER.— 
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; 
‘‘(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 de-
velopment. 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(b) NATIONAL BIOFORENSICS REPOSITORY COLLEC-
TION.— 
‘‘(1) IN
GENERAL.—The National Bioforensics 
Analysis Center shall maintain a distributed national 
bioforensics repository collection. 
‘‘(2) ACTIVITIES.—The national bioforensics re-
pository collection shall— 
‘‘(A) receive, store, and distribute biological 
threat agents and toxins; 
‘‘(B) serve as a distributed reference collec-
tion 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.— 
‘‘(A) IN GENERAL.—The Secretary, the At-
torney General, the Secretary of Agriculture, the 
Secretary of Defense, 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 with a 
biological agent or toxin collection that is useful 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
for the bioforensics analysis of biological attacks, 
performance of biological threat agent identifica-
tion and characterization studies, or evaluation 
and development of bioforensics assays and meth-
ods shall provide to the distributed national 
bioforensics repository collection authenticated 
replicate samples of, or information on, all rel-
evant biological strains and toxins, as deter-
mined by the Secretary, in consultation with the 
head of the executive agency possessing the agent 
or toxin. 
‘‘(B) OTHER BIOLOGICAL AGENTS AND TOX-
INS.—The Secretary shall require the contribu-
tion to the national bioforensics repository collec-
tion of authenticated replicate samples of, or in-
formation on, all relevant biological strains and 
toxins, as determined by the Secretary, from 
public and private biological agent and toxin 
collections that were collected or created with 
support from a Federal grant or contract and 
that support the functions described in para-
graph (2). 
‘‘(4) ACCESS.—The Secretary shall— 
‘‘(A) provide any executive agency that sub-
mits a biological agent or toxin, or information 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
on a biological agent or toxin, to the national 
bioforensics repository collection with access to 
the collection; and 
‘‘(B) establish a mechanism to provide pub-
lic and private entities with access to agents or 
toxins in, or information regarding, the national 
bioforensics repository collection, as determined 
appropriate by the Secretary, with appropriate 
protection of classified or law enforcement sen-
sitive information and intellectual property 
rights. 
‘‘(5) REPORT.— 
‘‘(A) IN GENERAL.—Not later than one year 
after the date of the enactment of this section, 
and annually thereafter, the Secretary, in con-
sultation with the Attorney General, the Sec-
retary of Agriculture, the Secretary of Defense, 
the Secretary of Energy, the Secretary of Health 
and Human Services, the Director of National 
Intelligence, and the head of any other appro-
priate executive agency that participates in or 
contributes agents, or toxins, or information to 
the national bioforensics repository collection, 
shall submit to the appropriate committees of 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
Congress a report regarding the national 
bioforensics repository collection. 
‘‘(B) CONTENTS.—The report submitted 
under subparagraph (A) shall— 
‘‘(i) discuss the status of the establish-
ment of the distributed national bioforensics 
repository collection; 
‘‘(ii) identify domestic and inter-
national biological agent and toxin collec-
tions that would prove useful in carrying 
out the functions of the distributed national 
bioforensics repository collection; 
‘‘(iii) examine any access or participa-
tion issues affecting the establishment of the 
distributed national bioforensics repository 
collection 
or 
the 
ability 
to 
support 
bioforensics analysis, threat agent charac-
terization studies, or bioforensics assay eval-
uation, research, and development, includ-
ing— 
‘‘(I) intellectual property con-
cerns; 
‘‘(II) access to collected or created 
biological agent or toxin collections 
funded by a Federal grant or contract; 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(III) costs incurred by domestic 
and international biological agent and 
toxin collections to access or contribute 
biological agents or toxins to the na-
tional bioforensics repository collection; 
and 
‘‘(IV) 
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 
‘‘(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 Agri-
culture, the Secretary of Defense, the Secretary of 
Health and Human Services, the Director of National 
Intelligence, and the head of any other appropriate 
executive agency, as determined by the Secretary, 
shall develop, coordinate, and maintain a national 
bioforensics strategy. 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(2) 
CONTENTS.—The 
national 
bioforensics 
strategy shall— 
‘‘(A) provide for a coordinated approach 
across all executive agencies with responsibilities 
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— 
‘‘(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 authorities, for co-
ordinating with public health, homeland secu-
rity, and law enforcement agencies for the collec-
tion or receipt, transfer, or submission of 
bioforensics evidence for analysis and its use; 
and 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(D) include— 
‘‘(i) guidance for collecting, processing, 
and analyzing samples; 
‘‘(ii) 
requirements 
for 
reporting 
bioforensics information to appropriate 
agencies; and 
‘‘(iii) requirements for the distributed 
national bioforensics repository collection. 
‘‘(3) REPORT.—Not later than one year after the 
date of the enactment of this section, and biennially 
thereafter, the Secretary, in consultation with the At-
torney General, the Secretary of Agriculture, the Sec-
retary of Defense, the Secretary of Health and 
Human Services, the Director of National Intel-
ligence, and the heads of other appropriate agencies, 
as determined by the Secretary, shall submit to the 
appropriate committees of Congress the national 
bioforensics strategy. 
‘‘(d) CONCEPT OF OPERATIONS.—The Secretary, in co-
ordination with the Attorney General and the heads of any 
other appropriate Federal agencies shall ensure the avail-
ability of a detailed concept of operations for information 
sharing and all-source analysis to support timely attribu-
tion of biological attacks. 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(e) DETAILEE PROGRAM.—Subject to the availability 
of appropriations, the Secretary may implement a detailee 
program to detail from governmental entities national bio-
security and biodefense stakeholders with appropriate clear-
ances, on a reimbursable basis, to the National Bioforensics 
Analysis Center for the purpose of— 
‘‘(1) providing training and other educational 
benefits for such stakeholders to help them to better 
understand the policies, procedures, and laws gov-
erning national bioforensics activities; and 
‘‘(2) bolstering the capabilities and information 
sharing activities of the National Bioforensics Anal-
ysis Center with national biosecurity and biodefense 
stakeholders. 
‘‘(f) RESEARCH AND DEVELOPMENT.—The Secretary, 
in coordination with the Attorney General and the heads 
of any other appropriate Federal agencies, shall establish 
a national-level research and development strategy and im-
plementation plan to advance the field of bioforensics. 
‘‘(g) DEFINITION OF BIOFORENSICS.—In this section, 
the term ‘bioforensics’ means the scientific discipline dedi-
cated to analyzing evidence from an attack with a biological 
weapon of mass destruction, an act of bioterrorism, a bio-
logical agent- or toxin-based criminal act, or the inad-
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
vertent release of a biological agent or toxin for attribution 
purposes. 
‘‘SEC. 2142. FEDERAL LAW ENFORCEMENT TRAINING TO IN-
VESTIGATE 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 appro-
priate Federal departments and agencies, shall make avail-
able to law enforcement, public health, and security per-
sonnel at the Federal Law Enforcement Training Center 
training on recognizing and responding to situations in-
volving potential biological threats, including performing 
joint criminal and epidemiological investigations, and 
shall— 
‘‘(1) ensure that tailored tactics, techniques, and 
procedures are made available to law enforcement and 
security personnel, including access to the tools needed 
to respond to biological threats; 
‘‘(2) promote the use of simulation among Fed-
eral partners to exercise capabilities, refine oper-
ational concepts, and strengthen relationships across 
the Government; and 
‘‘(3) make training available that will ensure 
that law enforcement, public health, and agricultural 
investigations of biological threats are coordinated. 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘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; 
‘‘(2) in developing the guidance under paragraph 
(1), review the experiences of other countries and the 
expertise of academic institutions and non-govern-
mental organizations; and 
‘‘(3) make such guidance available to State, 
local, and tribal authorities, nongovernmental organi-
zations, the private sector, and the public. 
‘‘(b) CONTENTS.—The guidance developed under sub-
section (a)(1) shall include— 
‘‘(1) protective action guidance for ensuring the 
security, health, and safety of emergency response 
providers; 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
‘‘(1) not less frequently than once every 2 years, 
review the guidance developed under subsection (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 authori-
ties, nongovernmental organizations, the private sec-
tor, 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 guidance; 
‘‘(2) enable the public to submit recommenda-
tions of areas in which guidance is needed; 
‘‘(3) determine which entities should be consulted 
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 ac-
cordance 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 consulta-
tion with— 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS
(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 infor-
mation sharing between Federal, State, local, 
and tribal authorities to detect biological attacks 
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 as-
sist the NBIC in carrying out this section.’’; and 
(5) by redesignating subsection (j) as subsection 
(k) and inserting after subsection (i) the following 
new subsection (j): 
VerDate Mar 15 2010 
01:18 Dec 23, 2010
Jkt 099200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6203
E:\BILLS\H5498.RH
H5498
jbell on DSKDVH8Z91PROD with BILLS