[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5498 Reported in House (RH)]

                                                 Union Calendar No. 411
111th CONGRESS
  2d Session
                                H. R. 5498

                      [Report No. 111-659, Part I]

 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 
   Mississippi, Ms. Clarke, and Mr. Daniel E. Lungren of California) 
 introduced the following bill; which was referred to the Committee on 
  Homeland Security, and in addition to the Committees on Energy and 
   Commerce, Agriculture, Transportation and Infrastructure, Foreign 
Affairs, and Select Intelligence (Permanent Select), for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

                           November 18, 2010

   Reported from the Committee on Homeland Security with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           November 18, 2010

  The Committees on Agriculture, Foreign Affairs, Transportation and 
  Infrastructure, and the Permanent Select Committee on Intelligence 
                               discharged

                           November 18, 2010

Referral to the Committee on Energy and Commerce extended for a period 
                 ending not later than December 3, 2010

                            December 3, 2010

Referral to the Committee on Energy and Commerce extended for a period 
                ending not later than December 17, 2010

                           December 17, 2010

Referral to the Committee on Energy and Commerce extended for a period 
                ending not later than December 21, 2010

                           December 21, 2010

Referral to the Committee on Energy and Commerce extended for a period 
                ending not later than December 22, 2010

                           December 22, 2010

   Additional sponsors: Ms. Richardson, Mrs. Miller of Michigan, Ms. 
 Jackson Lee of Texas, Mr. Carney, Ms. Norton, Mr. Al Green of Texas, 
                              and Mr. Dent

                           December 22, 2010

   The Committee on Energy and Commerce discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
 [For text of introduced bill, see copy of bill as introduced on June 
                               10, 2010]

_______________________________________________________________________

                                 A BILL


 
 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.


 


    Be it enacted by the Senate and House of Representatives 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''.
    (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. Report on establishment of the system assessment and 
                            validation for emergency responders (SAVER) 
                            program.
Sec. 207. National Academy of Sciences study of forensic science in 
                            homeland security.
Sec. 208. Harmonization of regulations.
Sec. 209. Communications planning for weapons of mass destruction 
                            information dissemination.
Sec. 210. Environmental 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 review.
Sec. 304. Designation of tier 1 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 biosecurity.
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:
            (1) The term ``appropriate congressional committees'' means 
        the Committee on Homeland Security of the House of 
        Representatives and any committee 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) fo 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 National Security Act of 
        1947 (50 U.S.C. 401a(4)).
            (4) The term ``national biosecurity and biodefense 
        stakeholders'' means officials from the Federal, State, local, 
        and tribal authorities and individuals from the private sector 
        who are involved in efforts to prevent, deter, prepare for, 
        detect, attribute, respond, and recover from a biological 
        attack or other phenomena that may have serious health 
        consequences for the United States, including wide-scale 
        fatalities or infectious disease outbreaks.

                     TITLE I--INTELLIGENCE MATTERS

SEC. 101. NATIONAL INTELLIGENCE STRATEGY FOR COUNTERING 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 appropriate Federal departments and agencies, 
        shall develop and implement--
                    (A) a strategy designed to improve the capabilities 
                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 paragraph (1) shall 
        be known as the ``National Intelligence Strategy for Countering 
        the Threat from Weapons of Mass Destruction''.
    (b) Contents.--The strategy required under subsection (a) shall--
            (1) include methods for the recruitment, training, 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 appropriate, with 
        individuals with the expertise described in paragraph (1) who 
        are not employed by the Federal Government;
            (3) identify and address domestic needs for analysis and 
        collection including the development of innovative human and 
        technical intelligence collection capabilities and techniques; 
        and
            (4) address each type of weapon of mass destruction as 
        necessary and appropriate.
    (c) Implementation Plan.--The plan for implementing the strategy 
required under subsection (a) shall include--
            (1) actions necessary to increase the effectiveness and 
        efficiency of the sharing of intelligence on weapons of mass 
        destruction throughout the Intelligence Community, including a 
        description of statutory, regulatory, policy, technical, 
        security, or other barriers that prevent such sharing, and, as 
        appropriate, the development of uniform standards across the 
        Intelligence 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 intelligence 
        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 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;
            (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 Intelligence shall, as 
the Director considers appropriate, coordinate with State, local, and 
tribal government authorities, private sector, and nongovernmental 
organizations in the development of the National Intelligence Strategy 
for Countering 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 Intelligence, in 
consultation with the Secretary of Homeland Security, shall submit to 
the appropriate congressional committees 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 COUNTERING BIOLOGICAL 
              THREATS.

    (a) Strategy.--
            (1) Development.--The Director of National Intelligence, in 
        consultation with the Secretary of Homeland Security and the 
        heads of other appropriate Federal departments and agencies, 
        shall develop and implement a strategy and a plan for 
        implementing the strategy that is integrated into the National 
        Intelligence Strategy for Countering the Threat from Weapons of 
        Mass Destruction, as required under this title.
            (2) Title.--The strategy required under paragraph (1) shall 
        be known as the ``National Intelligence Strategy for Countering 
        Biological Threats''.
    (b) Contents.--The strategy required under subsection (a) shall--
            (1) include a for plan for establishing in the Intelligence 
        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, 
        capabilities, and gaps with respect to addressing the risk of a 
        weapon of mass destruction attack in the intelligence 
        workforce;
            (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 appropriate, 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, focusing, and 
        enhancing existing capabilities in the Intelligence 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 effectiveness 
        and efficiency of the sharing of intelligence throughout the 
        Intelligence Community on biological weapons and organisms that 
        could be used for biological terrorism, including a description 
        of statutory, regulatory, policy, technical, security, or other 
        barriers that prevent such sharing, and, as appropriate, the 
        development of uniform standards across the Intelligence 
        Community for such sharing;
            (2) address strategic and tactical human intelligence, 
        measurement and signature intelligence, technical 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 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 effectiveness and 
        efficiency of the strategy, including metrics; and
            (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 Intelligence, in 
consultation with the Secretary of Homeland Security, shall submit to 
the appropriate congressional committees 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:

  ``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.

    ``(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 information sharing activities consistent with 
the National Intelligence Strategy for Countering the Threat from 
Weapons of Mass Destruction under section 101 of the WMD Prevention 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 terrorist 
        actors, their claims, and their plans to conduct attacks 
        involving chemical, biological, radiological, and nuclear 
        materials against the Nation;
            ``(2) support homeland security-focused intelligence 
        analysis of global infectious disease, public health, food, 
        agricultural, and veterinary issues;
            ``(3) provide tailored analytical support on these threats 
        to State, local, and tribal authorities as well as members of 
        the public health, scientific, and response 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 committees on the intelligence 
and information sharing activities 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 Biological Threats.

``SEC. 2102. INFORMATION SHARING AND COLLABORATION FOR BIOSECURITY AND 
              BIODEFENSE.

    ``(a) Responsibilities of Secretary of Homeland Security.--To 
increase situational awareness, the Secretary, acting through the Under 
Secretary for Intelligence and Analysis, shall--
            ``(1) to the greatest extent practicable, integrate into 
        the homeland security, intelligence, and information sharing 
        process national biosecurity and biodefense 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 integrate 
        information from national biosecurity and biodefense 
        stakeholders;
            ``(4) leverage existing and emerging homeland security 
        capabilities and structures, including fusion centers 
        established pursuant to section 210A, to enhance prevention, 
        detection, preparedness, and collective response, attribution, 
        and recovery efforts of from a biological attack or other 
        phenomena that may have serious health consequences for the 
        United States, including wide-scale fatalities or infectious 
        disease outbreaks; and
            ``(5) advance partnerships between the Department and other 
        Federal departments and agencies in assessing potential threats 
        and the risks from the intentional 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 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 coordination with the 
heads of other appropriate Federal departments 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 biological attack or other phenomena that may have 
serious health consequences for the United States, including wide-scale 
fatalities or infectious disease outbreaks. These assessments shall--
            ``(1) identify the threat, vulnerability, and consequences 
        of a biological terrorist attack against the United States;
            ``(2) take into account intelligence and information 
        regarding terrorist intentions, capabilities, plans, and 
        actions;
            ``(3) be used to inform and guide threat assessments and 
        determinations made by the Secretary regarding 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 investments in 
        national strategic biodefense research, development, planning, 
        preparedness, and collective response 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;
            ``(2) engage with national biosecurity and biodefense 
        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 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 terrorism by conducting 
annual risk assessments regarding the threat, vulnerability, and 
consequences of theft or other procurement 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 
radiological materials in a possible terrorist attack using a 
radiological 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 Regulatory Commission;
            ``(2) consider relevant studies previously prepared by 
        other Federal agencies, or other reputable sources;
            ``(3) focus on those radiological materials that constitute 
        the greatest risk, and designate those materials as high-risk 
        radiological materials for purposes of this section;
            ``(4) consider the potential radiological dispersion 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 
        radiological 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 Laboratories, and the Nuclear Regulatory Commission, 
the Secretary of Health and Human Services, and other appropriate 
experts to integrate and analyze information needed to develop the risk 
assessment.
    ``(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 facilities containing radiological source material and 
regulated by the Nuclear Regulatory Commission.
    ``(e) Classification.--The Secretary shall, as appropriate, share 
the terrorism risk assessments with law enforcement and critical 
infrastructure operators with appropriate 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 materials 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 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 measures for persons or laboratories 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 vulnerability 
        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 Agriculture, 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.
            ``(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.
            ``(8) Academic research institutions.
            ``(9) Nonprofit research institutions
            ``(10) Other stakeholders, as the Secretary determines 
        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 proposed 
        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 enactment 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 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 Executive 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 Agriculture and the 
        Secretary of Health and Human Services, in consultation with 
        the Secretary, as appropriate, 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, shall develop training programs that comply with 
        such measures and standards.
            ``(3) Procedures.--The Secretary of Agriculture 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 appropriate procedures for appealing 
        determinations relating to the imposition of a penalty or 
        intermediate sanction.
            ``(4) Simultaneous laboratory inspections.--
                    ``(A) Inspection data sharing and enforcement 
                uniformity.--The Secretary of Agriculture and the 
                Secretary of Health and 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 laboratories.
                    ``(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 Protection Act of 2002 and 
                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, shall be conducted 
                simultaneously to the extent practicable.
                    ``(C) Common inspection procedures.--Departments 
                conducting simultaneous inspections of a laboratory 
                under this subsection 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 supports select agent 
                laboratory activities at the institution that is the 
                subject of the inspection report, 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 Material 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 Management Agency, may award 
grants based on risk to academic and nonprofit organizations and to 
State, local, and tribal authorities that possess, use, or transfer 
Tier I Material Threat Agents, to enhance security at laboratories of 
such organizations and authorities.
    ``(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.

``SEC. 2108. LABORATORY BIOSECURITY INFORMATION SHARING.

    ``(a) In General.--Consistent with the responsibilities of the 
Secretary under section 201(d), the Secretary shall establish 
procedures, with appropriate controls on access, for the sharing of 
homeland security information, including vulnerability assessments, 
security plans, best practices and other laboratory biosecurity-related 
information, as the Secretary determines appropriate, with State, 
local, and tribal government authorities, including law enforcement 
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 Bioterrorism 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--
            ``(1) the authority of the Director of National 
        Intelligence 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 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. 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 purposes 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 biodefense 
        stakeholders at unique risk of exploitation have access to 
        guidance regarding actions that can reduce the risk of misuse 
        of life sciences by terrorists 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 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-PROLIFERATION.

    ``(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, foreign 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, 
                including--
                            ``(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 manufacturers and 
        exporters of strategic commodities that may be targeted for 
        procurement by terrorist organizations 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 export laws of the 
                United States.
    ``(b) National Export Enforcement Coordination.--
            ``(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 Department, the Department of Commerce, the Department 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 unit shall carry out the 
        following responsibilities:
                    ``(A) Coordinating law enforcement counter-
                proliferation investigations and intelligence counter-
                proliferation activities.
                    ``(B) Addressing licensing inquiries, reviews, 
                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 findings:
            ``(1) The Commission on the Prevention of Weapons of Mass 
        Destruction Proliferation and Terrorism 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 destruction and 
        their agents.
    ``(b) Terrorism Threat Awareness.--
            ``(1) Terrorism threat awareness.--The Secretary, in 
        coordination with the heads of appropriate 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 public for 
                        preventing and responding to acts of terrorism; 
                        and
                            ``(ii) be made available on the Internet 
                        website of the Department and other publicly 
                        accessible Internet websites, communication 
                        systems, and information networks.
            ``(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 authorities written guidance 
                on communicating terrorism-related threats and risks to 
                the public within their jurisdictions; and
                    ``(B) shall identify and articulate the 
                governmental rationale for identifying particular 
                communities as being at heightened risk of 
                exploitation.
            ``(4) Use of existing resources.--The Secretary 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). 
        The Secretary shall provide guidance on how State, local, 
        tribal, and private entities can partner with public television 
        stations to disseminate information provided by the Department 
        and shall provide information 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 preparedness and collective response to weapons of mass 
destruction and terrorist attacks involving chemical, biological, 
radiological, and nuclear materials against the United States by--
            ``(1) developing guidance and checklists of recommended 
        actions for individual and community prevention and 
        preparedness efforts and disseminating such guidance and 
        checklists to communities and individuals;
            ``(2) disseminating the guidance developed under section 
        2151 to communities and individuals, as appropriate;
            ``(3) providing information and training materials in 
        support of individual and community preparedness efforts;
            ``(4) conducting individual and community preparedness 
        outreach efforts; and
            ``(5) such other actions as the Secretary determines 
        appropriate.
    ``(b) Coordination.--Where appropriate, the Secretary shall 
coordinate with private sector and nongovernmental organizations to 
promote individual and community 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 individual and 
community preparedness in order to carry out subsection (a)(3), the 
Secretary shall give due regard to best 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 Secretary shall submit to 
the appropriate congressional committees 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 domestically and 
                internationally;
                    ``(B) material threat assessments and 
                determinations developed by the Secretary in accordance 
                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;
                    ``(D) information available in biosurveillance 
                systems and changes to information technology to allow 
                for the incorporation and integration of this 
                information;
                    ``(E) Intelligence Community needs as articulated 
                in relevant intelligence strategies; and
                    ``(F) costs associated with establishing and 
                maintaining the necessary infrastructure to integrate 
                biosurveillance systems.
            ``(2) Additional requirements.--This strategy required 
        under subsection (b) shall--
                    ``(A) include a plan for advancing situational 
                awareness;
                    ``(B) identify key elements of information to be 
                shared, critical sensitivities to be protected, and a 
                framework for enabling information exchange;
                    ``(C) include a plan for fostering information 
                sharing between law enforcement, security, 
                intelligence, and national biosecurity and biodefense 
                stakeholders to identify potential threats, reduce 
                vulnerabilities and improve collective response 
                activities to and investigations of suspected 
                biological attacks; and
                    ``(D) include strategic and implementation plans 
                for the National Biosurveillance Integration Center 
                under section 316.

``SEC. 2132. DETECTION OF BIOLOGICAL ATTACKS.

    ``(a) Program.--The Secretary shall carry out a program 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 laboratories for 
        their use in monitoring public health, and biological material 
        from these detectors to participating 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 recovery 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 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 appropriate 
        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 detection 
                assays, their protocols for use, and their associated 
                response algorithms for confirmation of biological 
                threat agents, taking performance measures and concepts 
                of operation into consideration;
                    ``(B) may develop assay equivalency standards 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 
                biological detection programs; and
                    ``(E) shall make such standards available to 
                support all other Federal biological detection 
                programs.
    ``(c) Contract Authority.--The Secretary is authorized 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 prepayment 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 microbiological 
                analysis in support of the Department, 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 development.
            ``(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 relevant operational components of 
the Department, assess whether the development of screening 
capabilities for biological agents, pandemic influenza, and other 
infectious diseases 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 Secretary determines 
that the development of such screening capabilities should be 
undertaken, the Secretary shall, to the extent possible, initiate 
development of safe and effective 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 RESPONDERS (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 equipment 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;
            ``(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, authorities, 
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 laboratories that compose the Laboratory Response Network for 
Bioterrorism, and any other qualified laboratories, for the 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 CONSORTIUM OF LABORATORY 
              NETWORKS.

    ``(a) Establishment.--There is established in the Department an 
Integrated Consortium of Laboratory Networks 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 weapons 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 destruction, 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 attacks 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 involving weapons of mass destruction 
        or their agents; and
            ``(5) support threat agent characterization studies and 
        assay evaluation, research and development.

                       ``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 security;
            ``(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 repository 
        collection as a reference collection of biological agents and 
        toxins for bioforensics comparisons and identifications; and
            ``(7) support threat agent characterization studies and 
        bioforensics assay evaluation research and development.
    ``(b) National Bioforensics Repository Collection.--
            ``(1) In general.--The National Bioforensics Analysis 
        Center shall maintain a distributed national bioforensics 
        repository collection.
            ``(2) Activities.--The national bioforensics repository 
        collection shall--
                    ``(A) receive, store, and distribute biological 
                threat agents and toxins;
                    ``(B) serve as a distributed reference collection 
                for comparative bioforensics identifications and 
                characterizations; and
                    ``(C) support threat agent characterization studies 
                and the development of bioforensics assays, 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 Attorney 
                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 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 to the distributed national 
                bioforensics repository collection authenticated 
                replicate samples of, or information on, 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.
                    ``(B) Other biological agents and toxins.--The 
                Secretary shall require the contribution to the 
                national bioforensics repository collection of 
                authenticated replicate samples of, or information 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 
                paragraph (2).
            ``(4) Access.--The Secretary shall--
                    ``(A) provide any executive agency that submits a 
                biological agent or toxin, or information on a 
                biological agent or toxin, to the national bioforensics 
                repository collection with access to the collection; 
                and
                    ``(B) establish a mechanism to provide public 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 sensitive 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 consultation with the 
                Attorney 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 that participates in or 
                contributes agents, or toxins, or information to the 
                national bioforensics repository collection, shall 
                submit to the appropriate committees of Congress a 
                report regarding the national bioforensics repository 
                collection.
                    ``(B) Contents.--The report submitted under 
                subparagraph (A) shall--
                            ``(i) discuss the status of the 
                        establishment of the distributed national 
                        bioforensics repository collection;
                            ``(ii) identify domestic and international 
                        biological agent and toxin collections that 
                        would prove useful in carrying out the 
                        functions of the distributed national 
                        bioforensics repository collection;
                            ``(iii) examine any access or participation 
                        issues affecting the establishment of the 
                        distributed national bioforensics repository 
                        collection or the ability to support 
                        bioforensics analysis, threat agent 
                        characterization studies, or bioforensics assay 
                        evaluation, research, and development, 
                        including--
                                    ``(I) intellectual property 
                                concerns;
                                    ``(II) access to collected or 
                                created biological agent or toxin 
                                collections funded by a Federal grant 
                                or contract;
                                    ``(III) costs incurred by domestic 
                                and international biological agent and 
                                toxin collections to access or 
                                contribute biological agents or toxins 
                                to the national bioforensics repository 
                                collection; and
                                    ``(IV) access to the national 
                                bioforensics repository collection by 
                                public and private researchers to 
                                support threat agent characterization 
                                studies, bioforensics assay evaluation, 
                                research, and development, and 
                                biosecurity research and development; 
                                and
                            ``(iv) other issues determined appropriate.
    ``(c) National Bioforensics Strategy.--
            ``(1) In general.--The Secretary, in coordination with the 
        Attorney General, the Secretary of Agriculture, 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.
            ``(2) Contents.--The national bioforensics strategy shall--
                    ``(A) provide for a coordinated approach across all 
                executive agencies with responsibilities for--
                            ``(i) conducting bioforensics examination 
                        of biological threat agents and related 
                        evidence; and
                            ``(ii) generating bioforensics requirements 
                        for law enforcement, national security, 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 coordinating 
                with public health, homeland security, 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, 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 Attorney General, the 
        Secretary of Agriculture, the Secretary of Defense, the 
        Secretary of Health and Human Services, the Director of 
        National Intelligence, 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 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 information sharing and all-source analysis to support 
timely attribution of biological attacks.
    ``(e) Detailee Program.--Subject to the availability of 
appropriations, the Secretary may implement a detailee program to 
detail from governmental entities national biosecurity and biodefense 
stakeholders with appropriate clearances, 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 governing national bioforensics 
        activities; and
            ``(2) bolstering the capabilities and information sharing 
        activities of the National Bioforensics Analysis 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 implementation plan to advance the field of 
bioforensics.
    ``(g) Definition of Bioforensics.--In this section, the term 
`bioforensics' means the scientific discipline dedicated to analyzing 
evidence from an attack with a biological weapon of mass destruction, 
an act of bioterrorism, a biological agent- or toxin-based criminal 
act, or the inadvertent release of a biological agent or toxin for 
attribution purposes.

``SEC. 2142. FEDERAL LAW ENFORCEMENT TRAINING TO INVESTIGATE 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 appropriate Federal departments and agencies, 
shall make available to law enforcement, public health, and security 
personnel at the Federal Law Enforcement Training Center training on 
recognizing and responding to situations involving 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 Federal partners 
        to exercise capabilities, refine operational 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.

                         ``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 release 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-governmental organizations; and
            ``(3) make such guidance available to State, local, and 
        tribal authorities, nongovernmental organizations, 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 providers to 
        effectively deal with individuals affected by an incident 
        involving chemical, biological, radiological, or nuclear 
        material.
    ``(c) Review and Revision of Guidance.--The Secretary shall--
            ``(1) review the guidance developed under subsection (a)(1) 
        at least once every 2 years,
            ``(2) make revisions to the guidance as appropriate; and
            ``(3) make any revised guidance available to State, local, 
        and tribal authorities, nongovernmental organizations, the 
        private sector, and the public.
    ``(d) Procedures for Developing and Revising Guidance.--In carrying 
out the requirements of this section, the Secretary shall establish 
procedures to--
            ``(1) inventory existing relevant hazardous material 
        response guidance;
            ``(2) enable members of the first responder and first 
        provider 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 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 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 consultation with--
            ``(1) the heads of other Federal departments and agencies, 
        as appropriate;
            ``(2) the National Advisory Council established under 
        section 508;
            ``(3) the National Domestic Preparedness Consortium;
            ``(4) State, local, and tribal authorities; and
            ``(5) 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 described in 
        paragraph (2) was disseminated;
            ``(4) a plan for reviewing the guidance described in 
        paragraph (2), in accordance with subsection (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 disseminating 
        the guidance.

``SEC. 2152. INTEGRATED PLUME MODELING FOR COLLECTIVE RESPONSE.

    ``(a) Development.--
            ``(1) In general.--The Secretary shall acquire, use, and 
        disseminate integrated plume models to enable rapid response 
        activities following a chemical, biological, nuclear, or 
        radiological attack or event.
            ``(2) Scope.--The Secretary shall--
                    ``(A) ensure the rapid development and distribution 
                of integrated plume models to appropriate officials of 
                the Federal Government and State, local, and tribal 
                authorities to enable immediate response to a chemical, 
                biological, or radiological attack or event;
                    ``(B) establish mechanisms for dissemination by 
                appropriate emergency response officials of the 
                integrated plume models described in paragraph (1) to 
                nongovernmental organizations and the public to enable 
                appropriate collective response activities;
                    ``(C) ensure that the development and dissemination 
                of integrated plume models are assessed during 
                exercises administered by the Department; and
                    ``(D) ensure that lessons learned from assessing 
                the development and dissemination of integrated plume 
                models during exercises administered by the Department 
                are put into the Department of Homeland Security 
                Lessons Learned Information Sharing system.
    ``(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 congressional committees a report regarding--
            ``(1) the acquisition, use, and dissemination of integrated 
        plume models under this section;
            ``(2) lessons learned from assessing the development and 
        dissemination of integrated plume models during exercises 
        administered by the Department; and
            ``(3) recommendations for improving integrated plume 
        models, as appropriate.
    ``(c) Definitions.--For purposes of this section:
            ``(1) The term `plume model' means the assessment of the 
        location and prediction of the spread of agents following a 
        chemical, biological, radiological, or nuclear attack or event.
            ``(2) The term `integrated plume model' means a plume model 
        that integrates protective action guidance and other 
        information as the Secretary determines appropriate.

                         ``Subtitle F--Recovery

``SEC. 2161. RECOVERY AND RESTORATION FROM A BIOLOGICAL ATTACK OR 
              INCIDENT GUIDANCE.

    ``(a) Establishment of Guidance.--Not later than one year after the 
date of the enactment of this section, the Secretary, in coordination 
with the Administrator of the Environmental Protection Agency and in 
consultation 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, including subways and other 
mass transportation facilities, that have been affected by a biological 
attack or event.
    ``(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 decontamination 
        procedures for responding organizations do not conflict;
            ``(5) requirements that each responding organization 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) standards for proper selection and use of personal 
        protective equipment;
            ``(9) air sampling procedures; and
            ``(10) how to develop occupational health and safety plans 
        that are appropriate for the specific risk to responder health.
    ``(c) Review and Revision of Guidance.--The Secretary shall--
            ``(1) not less frequently than once every 2 years, review 
        the guidance developed under subsection (a);
            ``(2) make revisions to the guidance as appropriate; and
            ``(3) make the revised guidance available to the Federal 
        government, State, local, and tribal authorities, 
        nongovernmental organizations, the private sector, and the 
        public.
    ``(d) Procedures for Developing and Revising Guidance.--In carrying 
out the requirements of this section, the Secretary shall establish 
procedures to--
            ``(1) inventory existing relevant guidance;
            ``(2) enable the public to submit recommendations 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 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 consultation with--
            ``(1) the heads of other Federal departments and agencies, 
        as appropriate;
            ``(2) State, local, and tribal authorities; 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, the Secretary shall 
provide appropriate congressional committees 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 described in 
        paragraph (2) were disseminated;
            ``(4) a plan for reviewing the guidance described in 
        paragraph (2), in accordance with subsection (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 disseminating 
        the guidance.''.
    (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:

  ``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 biodefense.
        ``Sec. 2103. Bioterrorism risk assessments.
        ``Sec. 2104. Radiological materials security.
        ``Sec. 2105. Enhanced biosecurity measures.
        ``Sec. 2106. Tier I Material Threat Agent locations.
        ``Sec. 2107. High containment biological laboratory security 
                            grants.
        ``Sec. 2108. Laboratory biosecurity information sharing.
        ``Sec. 2109. Periodic homeland security review of criminal 
                            statutes.
        ``Sec. 2110. Export enforcement for counter-proliferation.

                       ``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 networks.

                       ``Subtitle D--Attribution

        ``Sec. 2141. Bioforensics capabilities and strategy.
        ``Sec. 2142. Federal law enforcement training to investigate 
                            biological threats.

                         ``Subtitle E--Response

        ``Sec. 2151. First responder guidance concerning weapons of 
                            mass destruction 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. 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 Destruction Act of 1996 (50 U.S.C. 
        2302).
            ``(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 biodefense 
        stakeholders' means officials from the Federal, State, local, 
        and tribal authorities and individuals from the private sector 
        who are involved in efforts to prevent, deter, prepare for, 
        detect, attribute, respond, and recover from a biological 
        attack or other phenomena that may have serious health 
        consequences 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 section 212(a)(2) of the Agricultural 
        Bioterrorism Protection Act of 2002.''.

SEC. 203. DUAL-USE TERRORIST RISKS FROM SYNTHETIC GENOMICS.

    (a) Sense of Congress.--It is the sense of Congress 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.
    (b) Requirement.--Not later than one year after the date of 
enactment of this Act, the Secretary of Homeland Security, acting 
through the Under Secretary of Homeland Security for Science and 
Technology, shall examine and report to the appropriate congressional 
committees 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 synthetic nucleic 
        acid providers to effectively differentiate a legitimate 
        customer from a potential terrorist or other malicious actor;
            (2) determining the current capability of synthetic nucleic 
        acid providers to effectively screen orders for sequences of 
        homeland security concern; and
            (3) making recommendations regarding screening software, 
        protocols, and other remaining capability gaps uncovered by the 
        study.

SEC. 204. DISSEMINATION OF INFORMATION ANALYZED BY THE DEPARTMENT TO 
              STATE, LOCAL, TRIBAL, AND PRIVATE ENTITIES WITH 
              RESPONSIBILITIES RELATING TO HOMELAND SECURITY.

    (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 of 2002 (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 following: ``the Office 
        of Intelligence and Analysis.'';
            (2) in subsection (d)(2)(B)--
                    (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 Department,'' after 
                ``information'' ;
            (3) in subsection (e)(1), by striking subparagraph (A) and 
        inserting the following new subparagraph (A):
                    ``(A) integrate biosurveillance information into 
                the NBIC, with the goal of promoting information 
                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 detail, 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 subsection (k) and 
        inserting after subsection (i) the following new subsection 
        (j):
    ``(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 
congressional committees a report on--
            ``(1) the status of operations at the National 
        Biosurveillance Integration Center of the Department under 
        section 316;
            ``(2) efforts by the Office of Intelligence and Analysis to 
        take responsibility for the National Biosurveillance 
        Integration Center; and
            ``(3) efforts to integrate the biosurveillance efforts of 
        Federal, State, local, and tribal authorities.''.

SEC. 206. REPORT ON ESTABLISHMENT OF THE SYSTEM ASSESSMENT AND 
              VALIDATION FOR EMERGENCY RESPONDERS (SAVER) PROGRAM.

    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 SAVER Program under section 
2134 of the Homeland Security Act of 2002, as added by section 201.

SEC. 207. NATIONAL ACADEMY OF SCIENCES STUDY OF FORENSIC 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 Homeland 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 studies 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 incidents, and other crimes investigated 
        by the Department.
    (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 containing 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 fiscal year 2011, $1,000,000 to 
carry out this section.

SEC. 208. HARMONIZATION OF REGULATIONS.

    (a) Regulations Under Public Health Service Act.--Not later than 
one year after the Secretary of Homeland Security promulgates 
regulations or amendments thereto to carry out section 2104 of the 
Homeland Security Act of 2002, as added by section 201, the Secretary 
of Health and Human Services shall amend regulations promulgated under 
the Select Agent Program under section 351A(b)(1) of the Public Health 
Service Act (42 U.S.C. 262a(b)(1)) to ensure that such regulations are 
not redundant or are not in conflict with the regulations promulgated 
by the Secretary under such section 2104.
    (b) Regulations Under Agriculture Bioterrorism Protection Act of 
2002.--Not later than one year after the Secretary of Homeland Security 
promulgates regulations or amendments thereto pursuant to such 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 or are not in 
conflict with the regulations promulgated by the Secretary under such 
section 2104.

SEC. 209. COMMUNICATIONS PLANNING FOR WEAPONS OF MASS DESTRUCTION 
              INFORMATION DISSEMINATION.

    (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 ``man-made 
        disasters'' the following ``, and a communications plan 
        described in subsection (f)''; and
            (2) by adding at the end the following new subsection:
    ``(f) Communications Plan.--
            ``(1) In general.--A communications plan developed under 
        subsection (a)(4) shall be designed to provide information to 
        the public related to preventing, preparing for, and responding 
        to attacks from weapons of mass destruction and acts of 
        terrorism;
            ``(2) Consultation.--As appropriate, the Administrator 
        shall consult with State, local, and tribal authorities and 
        coordinate with other Federal departments and agencies in 
        developing communications plans under paragraph (1).
            ``(3) Pre-scripted messages and message templates.--
                    ``(A) In general.--The Administrator shall develop 
                and disseminate pre-scripted messages and message 
                templates to be provided to State, local, and tribal 
                authorities so that those authorities can quickly and 
                rapidly disseminate critical information to the public 
                in anticipation of, during, or in the immediate 
                aftermath of an attack from a weapon of mass 
                destruction or terrorist incident, and to be included 
                in the Department of Homeland Security's Lessons 
                Learned Information Sharing system.
                    ``(B) Development and design.--The pre-scripted 
                messages or message templates shall--
                            ``(i) be developed in consultation with 
                        State, local, and tribal authorities and in 
                        coordination with other appropriate Federal 
                        departments and agencies;
                            ``(ii) be designed to provide accurate, 
                        essential, and appropriate information and 
                        instructions to the population directly 
                        affected by an incident, including information 
                        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 providers 
                        and medical personnel responding to an 
                        incident.
                    ``(C) Communications formats.--The Administrator 
                shall develop pre-scripted messages or message 
                templates under this paragraph in multiple formats to 
                ensure delivery--
                            ``(i) in cases where the usual 
                        communications infrastructure is unusable; and
                            ``(ii) to individuals with disabilities or 
                        other special needs and individuals with 
                        limited English proficiency.
                    ``(D) Dissemination and technical assistance.--The 
                Administrator shall ensure that all pre-scripted 
                messages and message templates developed under this 
                paragraph are made available to State, local, and 
                tribal authorities so that those authorities may 
                incorporate them, as appropriate, into their emergency 
                plans. The Administrator shall also make available 
                relevant technical assistance to those authorities to 
                support communications planning.
                    ``(E) Exercises.--To ensure that the pre-scripted 
                messages or message templates developed under this 
                paragraph can be effectively utilized in a disaster or 
                incident, the Administrator shall incorporate such pre-
                scripted messages or message templates into exercises 
                conducted 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 submit to the 
appropriate congressional committees the communications plans required 
to be developed under the amendments made by subsection (a), including 
pre-scripted messages or message templates developed in conjunction 
with the plans and a description of the means that will be used to 
deliver these messages during such incidents.

SEC. 210. ENVIRONMENTAL RECOVERY FROM CHEMICAL, BIOLOGICAL, 
              RADIOLOGICAL, AND NUCLEAR ATTACKS.

    (a) In General.--To facilitate environmental recovery from a 
chemical, biological, radiological, or nuclear attack or other incident 
involving chemical, biological, radiological, or nuclear materials and 
to foster collective response to terrorism, the Administrator of the 
Environmental Protection Agency, in coordination with the Administrator 
of the Federal Emergency Management Agency, shall assess capability 
gaps in environmental recovery preparedness and provide guidance to 
State, local, and tribal authorities.
    (b) Requirements.--In carrying out subsection (a), the 
Administrator of the Environmental Protection Agency shall--
            (1) assess capability gaps in the Nation's ability to 
        recover from chemical, biological, radiological, and nuclear 
        attacks or incidents, with specific attention to--
                    (A) decontamination standards, gaps in such 
                standards, and recommendations for research 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 Security Appropriations Act, 2007 (Public Law 109-
        295; 6 U.S.C. 771) regarding how to conduct environmental 
        remediation of contaminated areas, including--
                    (A) clarification of Federal roles and 
                responsibilities for assisting State, local, and tribal 
                authorities; and
                    (B) such other guidance as determined by the 
                Secretary; and
            (3) develop exercises in consultation with State, local, 
        and tribal authorities and other appropriate Federal agencies, 
        to enhance collective response to and recovery from chemical, 
        biological, radiological and nuclear attacks and incidents, 
        including exercises that address analysis, environmental 
        cleanup methods, and decontamination standards.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall submit to the appropriate congressional 
committees a report on the Administrator's assessment under section 
2162 of the Homeland Security Act of 2002, as added by section 201.

SEC. 211. UNIVERSITY-BASED CENTERS FOR HOMELAND SECURITY CRITERIA FOR 
              DESIGNATION.

    Section 308(b)(2)(B)(iii) of the Homeland Security Act of 2002 (6 
U.S.C. 188(b)(2)(B)(iii)) is amended by inserting before the period at 
the end the following ``, including medical readiness training and 
research, and community resiliency for public health and healthcare 
critical infrastructure''.

                    TITLE III--PUBLIC HEALTH MATTERS

SEC. 301. NATIONAL MEDICAL COUNTERMEASURE DISPENSING 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 DISPENSING STRATEGY.

    ``(a) Definitions.--In this section--
            ``(1) the term `dispense' means to provide medical 
        countermeasures to an affected population in response to a 
        threat or incident; and
            ``(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 
a terrorist attack on humans or animals with any chemical, biological, 
radiological, or nuclear material.
    ``(c) Coordination.--Where appropriate, the Secretary shall 
coordinate with State, local, and tribal authorities, private sector, 
and nongovernmental organizations on the National Medical 
Countermeasures Dispensing 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 Dispensing Strategy to the appropriate congressional 
committees.''.

SEC. 302. MATERIAL THREAT ASSESSMENTS AND DETERMINATIONS.

    Section 319F-2(c)(2)(A) of the Public Health Service 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 determinations 
                        under clause (ii) to determine whether agents 
                        continue to present a material threat against 
                        the United States population sufficient to 
                        affect national security and homeland 
                        security.''.

SEC. 303. NATIONAL PRE-EVENT VACCINATION AND ANTIMICROBIAL 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 phenomena 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--
            (1) material threat assessments and determinations 
        conducted by the Department of Homeland Security;
            (2) reports on global trends and intelligence produced by 
        the Office of the Director of National Intelligence and the 
        Intelligence Community regarding biological threats;
            (3) the availability of domestic vaccine and antimicrobials 
        to dispense to the public, on a voluntary basis, in 
        anticipation of a biological attack; and
            (4) making surplus or expiring domestic vaccine and 
        antimicrobials available to State, local, and tribal emergency 
        responders, including health care responders, 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 congressional committees a report on the 
review required by subsection (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.

SEC. 304. DESIGNATION OF TIER 1 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 paragraph (3);
            (2) by inserting after paragraph (1) the following:
            ``(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 Secretary of Homeland Security 
                and other Federal officials as appropriate, shall by 
                regulation designate as `Tier I Material Threat Agents' 
                those agents and toxins--
                            ``(i) that--
                                    ``(I) are determined by the 
                                Secretary of Homeland Security under 
                                section 319F-2(c)(2) to present a 
                                material threat against the United 
                                States population sufficient to affect 
                                national security; and
                                    ``(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 determined by 
                        the Secretary or the Secretary of Homeland 
                        Security.
                    ``(B) Criteria.--In determining whether to 
                designate an agent or toxin as a Tier I Material Threat 
                Agent under subparagraph (A)(i), the Secretary, in 
                coordination with the Secretary 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 information 
                        as 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 designated by the 
                Secretary as Tier I Material Threat Agents shall be 
                included on the list maintained by the Secretary 
                pursuant to paragraph (1).
                    ``(D) Evaluation of tier i material threat 
                agents.--The Secretary, in coordination 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 determine 
                        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 inserting 
                ``revise the lists''.
    (b) Agricultural Bioterrorism Protection Act of 2002.--Section 
212(a) of the Agricultural Bioterrorism Protection Act of 2002 (7 
U.S.C. 8401(a)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3);
            (2) by inserting after paragraph (1) the following:
            ``(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 paragraph, the Secretary, in 
                coordination with the Secretary of Homeland Security, 
                the Secretary of Health and Human Services, and other 
                Federal officials as appropriate, shall by regulation 
                designate as `Tier I Material Threat Agents' those 
                agents and toxins--
                            ``(i) that--
                                    ``(I) are determined by the 
                                Secretary of Homeland Security under 
                                section 319F-2(c)(2) of the Public 
                                Health Service Act to present a 
                                material threat against the United 
                                States population sufficient to affect 
                                national security; and
                                    ``(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 determined by 
                        the Secretary or the Secretary of Homeland 
                        Security.
                    ``(B) Criteria.--In determining whether to 
                designate an agent or toxin as a Tier I Material Threat 
                Agent under subparagraph (A)(i), the Secretary, in 
                coordination with the Secretary 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 information 
                        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 designated by the 
                Secretary as Tier 1 Material Threat Agents shall be 
                included on the list maintained by the Secretary 
                pursuant to paragraph (1).
                    ``(D) Evaluation of tier i material threat 
                agents.--The Secretary, in coordination 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 determine 
                        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 inserting 
                ``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 the end the following: ``In 
identifying whether an individual 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 officials 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 to counter the 
biological threat 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 technologies that range in development from 
        basic principles observed and reported up to model or prototype 
        demonstration in a relevant environment;
            ``(2) assign BARDA responsibility for research and 
        development of technologies that range in development from 
        model or prototype demonstration in a relevant environment up 
        to a system qualified for application through successful test 
        and demonstration;
            ``(3) assign Project BioShield responsibility for 
        procurement of technologies that--
                    ``(A) are qualified for application through 
                successful test and demonstration; and
                    ``(B) meet the minimum statutory requirements for 
                emergency use authorization in section 564 of the 
                Federal Food, Drug, and Cosmetic Act; and
            ``(4) include a formal agreement among NIH, BARDA, and 
        Project BioShield that--
                    ``(A) identifies the need for any specific 
                biological countermeasure, derived from information 
                developed under section 319F-2;
                    ``(B) identifies the current technology readiness 
                level of the countermeasure; and
                    ``(C) requires the development of the biological 
                countermeasure from the current technology readiness 
                level through the procurement of the countermeasure in 
                accordance with paragraph (3).
    ``(b) Responsibility of NIH.--For countermeasures 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 relevant environment, the Director of NIH shall conduct research 
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 environment; or
            ``(2) the Director does not believe that completion of 
        model or prototype demonstration in a relevant environment is 
        reasonably achievable.
    ``(c) Responsibility of BARDA.--For countermeasures identified 
under subsection (a)(4)(A) that have a level of development of model or 
prototype demonstration 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--
            ``(1) the countermeasure has qualified for application 
        through successful test and demonstration; or
            ``(2) the Director does not believe that qualification 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 successful test and demonstration, including but 
not limited to those countermeasures certified to have qualified for 
application 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 may procure the countermeasure if the countermeasure 
meets the requirements for emergency use authorization described in 
subsection (a)(3)(B).
    ``(e) No Requirement for Food and Drug Administration 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 research, development, 
or procurement of a countermeasure identified under subsection 
(a)(4)(A) because the Food and Drug Administration has not, or decides 
against, approving 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) Innovation.--The Secretary shall require the Directors of NIH 
and BARDA and the Assistant Secretary of Health and Human Services for 
Preparedness and Response to aggressively pursue innovative research, 
development, and procurement of each countermeasure identified under 
subsection (a)(4)(A).
    ``(g) Definitions.--In this section:
            ``(1) The term `BARDA' means the he Biomedical Advanced 
        Research and Development Authority established under section 
        319L(c).
            ``(2) The term `NIH' means the National Institutes of 
        Health.
            ``(3) The term `Project Bioshield' means the Federal 
        medical countermeasure procurement program established by 
        Public Law 108-276.''.

                  TITLE IV--FOREIGN RELATIONS MATTERS

SEC. 401. INTERNATIONAL COLLABORATION AND INFORMATION SHARING RELATING 
              TO BIOSECURITY.

    The Secretary of State, in coordination with the Secretary of 
Homeland Security, the Secretary of Agriculture, the Secretary of 
Health and Human Services, and the heads of other appropriate Federal 
agencies, shall--
            (1) support efforts in other countries and regions to 
        develop mechanisms and capabilities for reporting 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 
        recommendations on how best to address such risk;
            (3) engage such entities and countries to promote greater 
        awareness and understanding of the global availability of and 
        access to life science technologies and materials; and
            (4) promote the development and use of mechanisms 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.

SEC. 402. INTERNATIONAL ENGAGEMENT TO ENHANCE BIODEFENSE AND 
              BIOSECURITY.

    The Secretary of State, in coordination and consultation with the 
Secretary of Homeland Security, and the heads other appropriate Federal 
agencies, shall, as appropriate--
            (1) support efforts of other countries to establish and 
        build capacity to effectively implement legislation 
        criminalizing the development or use of biological 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 enhance 
        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 international law enforcement and security 
        officials.

SEC. 403. INTERAGENCY TASK FORCE ON BEST PRACTICES FOR GLOBAL 
              BIOPREPAREDNESS.

    (a) Sense of Congress.--It is the sense of Congress that 
preparedness for a chemical, biological, radiological, 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 international forum for discussion of key health security 
policies with international dimensions, and the establishment of a 
formal United States interagency task force to develop best practices 
and recommendations for implementation of a global preparedness 
architecture could enhance global preparedness.
    (b) Establishment of Task Force.--The Secretary 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 biopreparedness 
        architecture that would advance international health security, 
        including considerations of--
                    (A) risk assessments;
                    (B) prevention and deterrence;
                    (C) detection;
                    (D) regional stockpiling of medical 
                countermeasures, including considerations of--
                            (i) security of the stockpile;
                            (ii) delivery planning; and
                            (iii) legal dimensions of and obstacles to 
                        implementing such an architecture;
                    (E) attribution;
                    (F) response;
                    (G) other elements that should be a component of 
                such an architecture; and
                    (H) obstacles to implementing such an architecture;
            (3) best practices for preparedness based on lessons 
        learned from domestic efforts to address the above issues, and 
        that may be applicable internationally;
            (4) activities undertaken through the National Strategy for 
        Countering Biological Threats and the International Health 
        Regulations 2005, as well as other activities deemed relevant 
        by the task force; and
            (5) the utility of working through existing international 
        forums as a mechanism for distributing this information to the 
        international community.
    (c) Membership.--Members of the task force shall include 
representatives from--
            (1) the Department of Homeland Security;
            (2) the Department of Health and Human Services, including 
        the Centers for Disease Control and Prevention;
            (3) the Department of Agriculture;
            (4) the Department of Defense;
            (5) the Department of Justice;
            (6) the Department of State;
            (7) the United States Agency for International Development;
            (8) the Director of National Intelligence;
            (9) other Federal Departments and agencies, as determined 
        appropriate by the Secretary; and
            (10) other national biosecurity and biodefense 
        stakeholders, including private sector, including the 
        pharmaceutical industry and the biological laboratory 
        community, as determined appropriate by the Secretary.
    (d) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary shall submit to the appropriate 
congressional committees a report on the findings of the task force 
established under this section.

SEC. 404. BIOLOGICAL AND TOXIN WEAPONS CONVENTION.

    The Secretary of State shall--
            (1) promote confidence in effective implementation of and 
        compliance with the Convention on the Prohibition of the 
        Development, Production and Stockpiling of Bacteriological 
        (Biological) and Toxin Weapons and on their Destruction 
        (commonly referred to as the ``Biological and Toxin Weapons 
        Convention'') by the States party to the Convention by 
        promoting transparency with respect to legitimate activities 
        and pursuing compliance diplomatically to address concerns;
            (2) promote universal membership in the Convention;
            (3) develop an action plan for increasing international 
        adherence to the Convention; and
            (4) ensure that United States participation in Convention 
        meetings is broadly inclusive of representatives of relevant 
        Federal departments and agencies.
                                                 Union Calendar No. 411

111th CONGRESS

  2d Session

                               H. R. 5498

                      [Report No. 111-659, Part I]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                           December 22, 2010

   The Committee on Energy and Commerce discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed