[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1649 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1649
To prevent the proliferation of weapons of mass destruction, to prepare
for attacks using weapons of mass destruction, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 8, 2009
Mr. Lieberman (for himself and Ms. Collins) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To prevent the proliferation of weapons of mass destruction, to prepare
for attacks using weapons 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; AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Weapons of Mass
Destruction Prevention and Preparedness Act of 2009'' or the ``WMD
Prevention and Preparedness Act of 2009''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; and table of contents.
TITLE I--ENHANCED BIOSECURITY
Sec. 101. Designation of Tier I agents.
Sec. 102. Enhanced biosecurity measures.
Sec. 103. Laboratory and facility registration and database.
Sec. 104. Background checks.
Sec. 105. Biological laboratory protection.
Sec. 106. Biosecurity information sharing.
TITLE II--RESPONSE TO A WEAPON OF MASS DESTRUCTION ATTACK
Subtitle A--Ensuring Access to Medical Countermeasures During
Emergencies
Sec. 201. National Medical Countermeasure Dispensing Strategy.
Sec. 202. Tailoring of the national medical countermeasure dispensing
strategy.
Sec. 203. Expansion in the use of the U.S. Postal Service to deliver
medical countermeasures.
Sec. 204. Dispensing medical countermeasures through employers.
Sec. 205. Personal medkits for emergency response providers.
Sec. 206. General public medkit pilot program.
Subtitle B--Bioforensics Capabilities and Strategy
Sec. 211. Bioforensics capabilities and strategy.
Subtitle C--Communications Planning
Sec. 221. Communications planning.
Sec. 222. Plume modeling.
TITLE III--INTERNATIONAL MEASURES TO PREVENT BIOLOGICAL TERRORISM
Subtitle A--Prevention and Protection Against International Biological
Threats
Sec. 301. International Threat Assessment: Tier I Pathogen Facilities.
Sec. 302. Strengthening international biosecurity.
Sec. 303. Promoting secure biotechnology advancement.
Subtitle B--Global Pathogen Surveillance
Sec. 321. Short title.
Sec. 322. Findings; purpose.
Sec. 323. Definitions.
Sec. 324. Eligibility for assistance.
Sec. 325. Restriction.
Sec. 326. Fellowship program.
Sec. 327. In-country training in laboratory techniques and disease and
syndrome surveillance.
Sec. 328. Assistance for the purchase and maintenance of public health
laboratory equipment and supplies.
Sec. 329. Assistance for improved communication of public health
information.
Sec. 330. Assignment of public health personnel to United States
missions and international organizations.
Sec. 331. Expansion of certain United States Government laboratories
abroad.
Sec. 332. Assistance for international health networks and expansion of
Field Epidemiology Training Programs.
Sec. 333. Reports.
Sec. 334. Authorization of appropriations.
TITLE IV--GOVERNMENT ORGANIZATION
Sec. 401. Intelligence on weapons of mass destruction.
Sec. 402. Intelligence community language capabilities and cultural
knowledge.
Sec. 403. Counterterrorism technology assessments.
TITLE V--EMERGENCY MANAGEMENT AND CITIZEN ENGAGEMENT
Sec. 501. Communication of threat information and alerts.
Sec. 502. Guidelines concerning weapons of mass destruction.
Sec. 503. Individual and community preparedness.
TITLE I--ENHANCED BIOSECURITY
SEC. 101. DESIGNATION OF TIER I AGENTS.
(a) Amendments to the Public Health Service Act.--Section 351A of
the Public Health Service Act (42 U.S.C. 262a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph
(3);
(B) by inserting after paragraph (1) the following:
``(2) Tier i agents.--
``(A) Designation of tier i agents.--
``(i) In general.--Not later than 180 days
after the date of enactment of the Weapons of
Mass Destruction Prevention and Preparedness
Act of 2009, the Secretary, in coordination
with the Secretary of Homeland Security, shall
designate as `Tier I agents' those agents and
toxins--
``(I) for which the Secretary of
Homeland Security has issued a Material
Threat Determination under section
319F-2(c)(2) regarding the agent or
toxin, unless the Secretary of Health
and Human Services determines, in
coordination with the Secretary of
Homeland Security, that such inclusion
is unwarranted; or
``(II) that meet the criteria under
subparagraph (B).
``(ii) Inclusion in the select agent
program of agents and toxins subject to a
material threat determination.--Not later than
60 days after the Secretary designates as a
Tier I agent an agent or toxin for which the
Secretary of Homeland Security has issued a
Material Threat Determination under section
319F-2(c)(2), the Secretary shall ensure that
such agent or toxin is included in the list
maintained by the Secretary under the Select
Agent Program under paragraph (1).
``(B) Criteria.--In determining whether to
designate an agent or toxin as a Tier I agent under
subparagraph (A), the Secretary, in coordination with
the Secretary of Homeland Security, shall consider--
``(i) whether the agent or toxin has
significant potential to be used effectively in
a biological attack;
``(ii) whether the risk posed by the agent
or toxin requires additional biosecurity
measures, beyond those required under
subsection (b), to prevent misuse domestically
or abroad;
``(iii) information available from any
biological or bioterrorism risk assessments
conducted by the Department of Homeland
Security or other relevant assessments by other
departments or the intelligence community; and
``(iv) such other criteria and information
that the Secretary determines appropriate and
relevant.
``(C) Inclusion of agents and toxins not previously
listed.--If the Secretary designates as a Tier 1 agent
an agent or toxin that has not been included in the
list maintained by the Secretary under the Select Agent
Program under paragraph (1), the Secretary shall
include such agent or toxin in such list not later than
60 days after the designation of the agent or toxin as
a Tier I agent.
``(D) Evaluation of tier i 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 agents, as appropriate; and
``(ii) at least biennially, review the list
of Tier I agents to determine whether any
agents or toxins should be removed from the
list.''; and
(C) in paragraph (3), as redesignated, by striking
``list under paragraph (1)'' and inserting ``lists
under paragraphs (1) and (2)''; and
(2) in subsection (l), by adding at the end the following:
``(9) The term `Tier I overlap agent' means a biological
agent or toxin that--
``(A) is listed pursuant to subsection (a)(2); and
``(B) is listed pursuant to section 212(a)(2) of
the Agricultural Bioterrorism Protection Act of
2002.''.
(b) Amendments to the 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 agents.--
``(A) Designation of tier i agents.--
``(i) In general.--Not later than 180 days
after the date of enactment of the Weapons of
Mass Destruction Prevention and Preparedness
Act of 2009, the Secretary, in coordination
with the Secretary of Homeland Security, shall
designate as `Tier I agents' those agents and
toxins--
``(I) for which the Secretary of
Homeland Security has issued a Material
Threat Determination under section
319F-2(c)(2) of the Public Health
Service Act (42 U.S.C. 247d-6b(c)(2))
regarding the agent or toxin, unless
the Secretary of Agriculture
determines, in coordination with the
Secretary of Homeland Security, that
such inclusion is unwarranted; or
``(II) that meet the criteria under
subparagraph (B).
``(ii) Inclusion in the select agent
program of agents and toxins subject to a
material threat determination.--Not later than
60 days after the Secretary designates as a
Tier 1 agent an agent or toxin for which the
Secretary of Homeland Security has issued such
Material Threat Determination under section
319F-2(c)(2) of the Public Health Service Act
(42 U.S.C. 247d-6b(c)(2)), the Secretary shall
ensure that such agent or toxin is included in
the list maintained by the Secretary under the
Select Agent Program under paragraph (1).
``(B) Criteria.--In determining whether to
designate an agent or toxin as a Tier I agent under
subparagraph (A), the Secretary, in coordination with
the Secretary of Homeland Security, shall consider--
``(i) whether the agent or toxin has
significant potential to be used effectively in
a biological attack;
``(ii) whether the risk posed by the agent
or toxin requires additional biosecurity
measures, beyond those required under
subsection (b), to prevent misuse domestically
or abroad;
``(iii) information available from any
biological or bioterrorism risk assessments
conducted by the Department of Homeland
Security or other relevant assessments by other
agencies or departments; and
``(iv) such other criteria and information
that the Secretary determines appropriate and
relevant.
``(C) Inclusion of agents and toxins not previously
listed.--If the Secretary designates as a Tier 1 agent
an agent or toxin that has not been included in the
list maintained by the Secretary under paragraph (1),
the Secretary shall include such agent or toxin in such
list no later than 60 days after the designation of the
agent or toxin as a Tier I agent.
``(D) Evaluation of tier i 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 agents, as appropriate; and
``(ii) at least biennially, review the list
of Tier I agents to determine whether any
agents or toxins should be removed from the
list.''; and
(3) by striking ``list under paragraph (1)'' and inserting
``lists under paragraphs (1) and (2)''.
SEC. 102. ENHANCED BIOSECURITY MEASURES.
(a) In General.--Title III of the Homeland Security Act (6 U.S.C.
181 et seq.) is amended by adding at the end the following:
``SEC. 318. ENHANCED BIOSECURITY MEASURES.
``(a) Definitions.--In this section:
``(1) Agent or toxin.--The term `agent or toxin' means an
agent or toxin regulated under section 351A(a)(1) of the Public
Health Service Act or section 212(a)(1) of the Agricultural
Bioterrorism Protection Act of 2002.
``(2) Tier i agent.--The term `Tier I agent' means an agent
or toxin 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.
``(b) Regulations.--The Secretary, in consultation with the
Secretary of Health and Human Services and the Secretary of
Agriculture, shall through a negotiated rulemaking under subchapter III
of chapter 5 of title 5, United States Code, establish enhanced
biosecurity measures for entities registered under section 351A(d) of
the Public Health Service Act (42 U.S.C. 262a(d)) to use in handling
Tier I agents, which shall include--
``(1) standards for personnel reliability programs;
``(2) standards for training and requirements for
responsible officials, lab personnel, and support personnel
employed by entities registered under section 351A(d) of the
Public Health Service Act (42 U.S.C. 262a(d));
``(3) standards for performing laboratory risk assessments;
``(4) risk-based laboratory security performance standards;
``(5) any other standards determined necessary by the
Secretary; and
``(6) procedures, with appropriate restrictions on access,
for sharing information, including vulnerability assessments,
site security plans, and other security related information, as
the Secretary determines appropriate, with State, local, and
tribal government officials, including law enforcement
officials and emergency response providers.
``(c) Negotiated Rulemaking Committee.--The negotiated rulemaking
committee established by the Secretary under subsection (b) shall
include representatives from--
``(1) the Department, including the Office of Intelligence
and Analysis, Office of Infrastructure Protection, Science and
Technology Directorate, and Office of Health Affairs;
``(2) the Department of Health and Human Services,
including the Centers for Disease Control and Prevention;
``(3) the Department of Agriculture, including the Animal
and Plant Health Inspection Service;
``(4) the Department of Defense;
``(5) the Federal Bureau of Investigation;
``(6) for profit research institutions;
``(7) academic research institutions;
``(8) nonprofit research institutions; and
``(9) other interested parties, as the Secretary determines
appropriate.
``(d) Time Requirement.--The procedures for the negotiated
rulemaking conducted under subsection (b) shall be conducted in a
timely manner to ensure that--
``(1) any recommendations with respect to proposed
regulations are provided to the Secretary not later than 6
months after the date of enactment of this section; and
``(2) a final rule is promulgated not later than 12 months
after the date of enactment of this section.
``(e) Factors To Be Considered.--In developing proposed and final
standards under subsection (b), the Secretary and the negotiated
rulemaking committee shall consider factors including--
``(1) the recommendations of 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)), the National Science Advisory Board
for Biosecurity (established under section 205 of the Pandemic
and All-Hazards Preparedness Act (Public Law 109-417; 120 Stat.
2851)), the Trans-Federal Task Force on Optimizing Biosafety
and Biocontainment Oversight, and any working group established
under Executive Order 13486 (74 Fed. Reg. 2289) relating to
strengthening laboratory biosecurity; and
``(2) how any disincentives to biological research arising
from enhanced biosecurity measures can be minimized.
``(f) Implementation of Enhanced Biosecurity Measures.--
``(1) In general.--Each registered entity that works with
Tier I agents shall establish procedures that meet or exceed
the standards promulgated under subsection (b).
``(2) Training standards.--The Secretary of Health and
Human Services, in consultation with the Secretary, shall
accredit training programs that meet the standards promulgated
under subsection (b).
``(3) Personnel reliability programs.--The Secretary, in
consultation with, where appropriate, the Secretary of Health
and Human Services and the Secretary of Agriculture, shall
evaluate and ensure the implementation of, and compliance with,
personnel reliability programs at laboratories that handle Tier
I agents developed under the regulations promulgated under
subsection (b).
``(4) Risk assessments.--The Secretary, in consultation
with, where appropriate, the Secretary of Health and Human
Services and the Secretary of Agriculture, shall ensure that
facilities handling Tier I agents submit laboratory risk
assessments that comply with the standards promulgated under
subsection (b).
``(5) Security plans.--The Secretary, in consultation with,
where appropriate, the Secretary of Health and Human Services
and the Secretary of Agriculture, shall ensure that facilities
handling Tier I agents submit site security plans that comply
with the standards promulgated under subsection (b).
``(6) Harmonization of regulations.--
``(A) Regulations under public health service
act.--Not later than 120 days after the Secretary
promulgates regulations or amendments thereto pursuant
to this section, the Secretary of Health and Human
Services shall amend regulations promulgated under the
Select Agent Program under section 351A(a)(1) of the
Public Health Service Act (42 U.S.C. 262a(a)(1)) to
ensure that such regulations do not overlap or conflict
with the regulations promulgated by the Secretary under
this section.
``(B) Regulations under agriculture bioterrorism
protection act of 2002.--Not later than 120 days after
the Secretary promulgates regulations or amendments
thereto pursuant to this section, the Secretary of
Agriculture shall amend regulations promulgated under
the Select Agent Program under section 212(a)(1) of the
Agricultural Bioterrorism Protection Act of 2002 to
ensure that such regulations do not overlap or conflict
with the regulations promulgated by the Secretary under
this section.
``(7) Penalties.--
``(A) Civil money penalty.--In addition to any
other penalties that may apply under law, any person
who violates any provision of regulations promulgated
under subsection (b) shall be subject to a civil money
penalty in an amount not exceeding $250,000 in the case
of an individual and $500,000 in the case of a
laboratory handling a Tier I agent.
``(B) Intermediate sanctions.--
``(i) In general.--If the Secretary
determines that an individual or laboratory has
violated any provision of regulations under
this section, the Secretary may impose
intermediate sanctions in lieu of the actions
authorized by subsection (A).
``(ii) Types of sanctions.--The
intermediate sanctions which may be imposed
under paragraph (1) shall consist of--
``(I) directed plans of correction;
``(II) civil money penalties in an
amount not to exceed $10,000 for each
violation of, or for each day of
substantial noncompliance with, the
regulations promulgated under this
section;
``(III) payment for the costs of
onsite monitoring; or
``(IV) any combination of the
actions described in subclauses (I),
(II), and (III).
``(iii) Procedures.--The Secretary shall
develop and implement procedures with respect
to when and how each of the intermediate
sanctions is to be imposed under clause (i).
Such procedures shall provide for notice to the
individual or laboratory, a reasonable
opportunity to respond to the proposed
sanction, and appropriate procedures for
appealing determinations relating to the
imposition of intermediate sanctions.
``(8) Simultaneous laboratory inspections.--
``(A) Inspections by the department of homeland
security.--The Secretary shall inspect laboratories
that handle Tier I agents for compliance with
regulations promulgated under this section.
``(B) Inspections by the departments of homeland
security and health and human services.--Any
inspections of the same laboratory conducted by the
Secretary pursuant to this subsection 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) Inspections by the departments of homeland
security and agriculture.--Any inspections of the same
laboratory conducted by the Secretary pursuant to this
subsection and the Secretary of Agriculture for
compliance with regulations promulgated under the
Select Agent Program under section 212(a)(1) of the
Agricultural Bioterrorism Protection Act of 2002 shall
be conducted simultaneously to the extent practicable.
``(D) Participation by the department of defense.--
To the extent practicable, the Secretary of Defense
shall conduct inspections simultaneously with the
Secretary and, as appropriate, the Secretary of Health
and Human Services or the Secretary of Agriculture,
when the Secretary of Defense conducts inspections of
laboratories that receive funding from the Department
of Defense for work with Tier I agents.
``(E) Joint 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.
``(F) Inspection reports.--Inspection reports
conducted under this paragraph shall be made available
to each Federal agency that supports select agent
research at the institution that is the subject of the
inspection report.''.
(b) Report.--Not later than 60 days after the date of enactment of
this Act, the Secretary of Homeland Security, the Secretary of
Agriculture, and the Secretary of Health and Human Services shall
jointly report to the Committee on Homeland Security and Governmental
Affairs, the Committee on Health, Education, Labor, and Pensions, the
Committee on Agriculture, Nutrition, and Forestry, and the Committee on
Armed Services of the Senate and the Committee on Homeland Security,
the Committee on Energy and Commerce, the Committee on Agriculture, and
the Committee on Armed Services of the House of Representatives
regarding how the Secretary of Homeland Security, the Secretary of
Agriculture, and the Secretary of Health and Human Services intend to
comply with the requirements under section 318 of the Homeland Security
Act, as added by subsection (a), and shall detail what additional
resources, if any, will be required to so comply.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
and the amendments made by this section.
(d) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 317
the following:
``Sec. 318. Enhanced biosecurity measures.''.
SEC. 103. LABORATORY AND FACILITY REGISTRATION AND DATABASE.
(a) In General.--Section 351A of the Public Health Service Act (42
U.S.C. 262a) is amended--
(1) by redesignating subsections (f) through (m) as (g)
through (n) respectively; and
(2) by inserting after subsection (e) the following:
``(f) Laboratory and Facility Registration and Database.--
``(1) In general.--The Secretary, in coordination with the
Secretary of Homeland Security and the Secretary of
Agriculture, shall establish and maintain a database of
laboratories and facilities that have sufficient potential to
pose a threat to public health and safety, or to animal or
plant health, as to require the awareness by the Federal
Government of the location and nature of the laboratory or
facility.
``(2) Criteria.--
``(A) In general.--The Secretary, in coordination
with the Secretary of Homeland Security and the
Secretary of Agriculture, shall by regulation establish
criteria defining which laboratories and facilities are
described in paragraph (1) and subject to the
requirements of this subsection.
``(B) Exclusion of select agent laboratories.--The
criteria established under subparagraph (A) shall
exclude laboratories listed in the national database
established pursuant to subsection (d)(2) of this
section and section 212(d)(2) of the Agricultural
Bioterrorism Protection Act of 2002 (7 U.S.C.
8401(d)(2)).
``(C) Content.--The criteria established under
subparagraph (A) shall include--
``(i) whether a laboratory or facility
handles a biological agent or toxin designated
as a Registry Agent pursuant to paragraph (4);
``(ii) whether a laboratory or facility has
specified characteristics, features, or
equipment that could facilitate the misuse of
the laboratory or facility for the purposes of
developing a biological weapon, which may
include--
``(I) technology that is
particularly suitable to the
development of an effective biological
weapon, such as technology that would
enable synthesis of Tier I agents; and
``(II) features that would protect
an individual developing a biological
weapon from accidental exposure or
discovery; and
``(iii) such other characteristics as the
Secretary determines appropriate.
``(3) Regulations requiring registration.--The Secretary
shall by regulation require the registration with the Secretary
of laboratories and facilities that meet the criteria
established pursuant to paragraph (2).
``(4) Registry agents.--
``(A) In general.--The Secretary, in coordination
with the Secretary of Agriculture and the Secretary of
Homeland Security, shall establish and maintain by
regulation a list of biological agents and toxins that
have the potential to pose a serious threat to public,
animal, or plant health but for which the potential to
be used effectively in a biological attack has not been
clearly established.
``(B) Designation.--Agents listed pursuant to
subparagraph (A) shall be designated as `Registry
Agents'.
``(C) Exclusion of select agents.--In determining
whether to designate a biological agent or toxin as a
Registry Agent, the Secretary shall exclude agents or
toxins listed pursuant to subsection (a)(1) of this
section and section 212(a)(1) of the Agricultural
Bioterrorism Protection Act of 2002.
``(5) Penalties.--In addition to any other penalties that
may apply under law, any person who violates any provision of
this section shall be subject to the United States for a civil
penalty in an amount not to exceed $25,000 in the case of an
individual and $50,000 in the case of any other person.
``(6) Access to database.--The Secretary shall make the
database established under paragraph (1) available to the
Secretary of Homeland Security, the Secretary of Agriculture,
the Secretary of Defense, the Attorney General, and such
agencies as the Secretary determines appropriate.
``(7) Biosecurity and biosafety best practices.--The
Secretary, in consultation with the Secretary Homeland Security
and the Secretary of Agriculture, shall promote biosecurity and
biosafety best practices to entities registered under paragraph
(3).''.
(b) Revision of the List of Biological Agents and Toxins.--
(1) Review of listed agents.--
(A) Review by secretary of health and human
services.--Not later than 180 days after the
establishment of the list pursuant to subsection (f)(4)
of section 351A of the Public Health Service Act (as
added by subsection (a)), the Secretary of Health and
Human Services shall conduct a comprehensive review of
the list of biological agents and toxins maintained
pursuant to subsection (a)(1) of such section to
determine which listed agents and toxins more
accurately fit the criteria for Registry Agents (as
described under such subsection (f)(4)).
(B) Revision by secretary of agriculture.--Not
later than 180 days after the establishment of the list
pursuant to subsection (f)(4) of section 351A of the
Public Health Service Act (as amended by subsection
(a)), the Secretary of Agriculture shall conduct a
comprehensive review of the list of biological agents
and toxins maintained pursuant to section 212(a)(1) of
the Agricultural Bioterrorism Protection Act of 2002 (7
U.S.C. 8401(a)(1)) to determine which listed agents and
toxins more accurately fit the criteria for Registry
Agents (as described under such subsection (f)(4)).
(2) Amendments to the public health service act.--Section
351A(a)(1)(B)(i) of the Public Health Service Act (42 U.S.C.
262a(a)(1)(B)(i)) is amended--
(A) in subclause (III), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subclause (IV) as subclause
(V); and
(C) by inserting after subclause (III) the
following:
``(IV) security risks identified by
biological risk assessments conducted
by the Department of Homeland Security,
the Department of Health and Human
Services, the Department of
Agriculture, the Department of Defense,
and other relevant agencies and
entities; and''.
(3) Amendment to the agricultural bioterrorism protection
act of 2002.--Section 212(a)(1)(B)(i) of the Agricultural
Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i))
is amended--
(A) in subclause (III), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subclause (IV) as subclause
(V); and
(C) by inserting after subclause (III) the
following:
``(IV) security risks identified by
biological risk assessments conducted
by the Department of Homeland Security,
the Department of Health and Human
Services, the Department of
Agriculture, the Department of Defense,
and other relevant agencies and
entities; and''.
(c) Report.--Not later than 270 days after the date of enactment of
this Act, the Secretary of Health and Human Services, in coordination
with the Secretary Homeland Security and the Secretary of Agriculture,
shall report to the Committee on Homeland Security and Governmental
Affairs, the Committee on Health, Education, Labor, and Pensions, the
Committee on Agriculture, Nutrition, and Forestry, and the Committee on
Armed Services of the Senate, and to the Committee on Homeland
Security, the Committee on Energy and Commerce, the Committee on
Agriculture, and the Committee on Armed Services of the House of
Representatives regarding the implementation of this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
(e) Conforming Amendments.--
(1) Public health service act.--Section 351A of the Public
Health Service Act (42 U.S.C. 262a) is amended--
(A) in subsection (e)(7)(B)(ii) by striking
``subsection (h)'' and inserting ``subsection (i)'';
(B) in subsection (i)(1)(E), as so redesignated, by
striking ``subsection (f)'' and inserting ``subsection
(g)'';
(C) in subsection (k), as so redesignated, by
striking ``subsection (l)'' and inserting ``subsection
(m)''; and
(D) in subsection (l), as so redesignated, by
striking ``subsection (j)'' and inserting ``subsection
(k)''.
(2) Agricultural bioterrorism protection act of 2002.--
Section 212(g)(1)(E) of the Agricultural Bioterrorism
Protection Act of 2002 (7 U.S.C. 8401(g)(1)(E)) is amended by
striking ``351A(g)(3)'' and inserting ``351A(h)(3)''.
SEC. 104. 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 consult with the
Secretary of Homeland Security to determine if the Department of
Homeland Security possesses any information relevant to the
identification of such an individual by the Attorney General.''.
SEC. 105. BIOLOGICAL LABORATORY PROTECTION.
(a) Academic and Nonprofit High Containment Biological Laboratory
Protection Grants.--
(1) Grants authorized.--The Secretary of Homeland Security,
acting through the Administrator of the Federal Emergency
Management Agency, may award grants to academic and nonprofit
organizations to implement security improvements at
laboratories that handle Tier I agents or toxins, as 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.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Homeland Security to
carry out this subsection, $50,000,000 for each of fiscal years
2010 through 2013.
(b) Voluntary Vulnerability Assessments.--In carrying out section
201(d)(2) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)(2)),
the Secretary of Homeland Security shall encourage the voluntary
participation of laboratories working with biological agents and
toxins, as so designated under section 351A(a)(1) of the Public Health
Service Act (42 U.S.C. 262a(a)(1)) or section 212(a)(1) of the
Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)),
commensurate with the risks such agents and toxins pose.
SEC. 106. BIOSECURITY INFORMATION SHARING.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.), as amended by section 102, is amended by adding at
the end the following:
``SEC. 319. BIOSECURITY INFORMATION SHARING.
``(a) In General.--Consistent with the responsibilities under
section 201(d), the Secretary shall ensure that State, local, and
tribal governments have access to relevant safety and security
information relating to biological laboratories and facilities in or in
close proximity to the jurisdiction of the State, local, or tribal
government, as the Secretary determines appropriate.
``(b) Access to Information in Databases.--In carrying out this
section, the Secretary may disseminate to State, local, and tribal
governments relevant information from the national databases
established under subsections (d)(2) and (f)(1) of section 351A of the
Public Health Service Act (42 U.S.C. 262a) and section 212(d)(2) of the
Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(d)(2)).
``(c) Classified and Sensitive Information.--The Secretary shall
ensure that any information disseminated under this section is
disseminated 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.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 318,
as added by section 102, the following:
``Sec. 319. Biosecurity information sharing.''.
TITLE II--RESPONSE TO A WEAPON OF MASS DESTRUCTION ATTACK
Subtitle A--Ensuring Access to Medical Countermeasures During
Emergencies
SEC. 201. NATIONAL MEDICAL COUNTERMEASURE DISPENSING STRATEGY.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by inserting after section 319M the following:
``SEC. 319N. NATIONAL MEDICAL COUNTERMEASURE DISPENSING STRATEGY.
``(a) Definitions.--In this section--
``(1) the term `appropriate committees of Congress' means--
``(A) the Committee on Homeland Security and
Governmental Affairs and the Committee on Health,
Education, Labor, and Pensions of the Senate; and
``(B) the Committee on Homeland Security, the
Committee on Energy and Commerce, and the Committee on
Oversight and Government Reform of the House of
Representatives;
``(2) the term `dispense' means to provide prophylaxis and
other related medical material to an affected population in
response to a threat or incident; and
``(3) the term `medical countermeasures' means a drug or
biological product used to mitigate, prevent, or treat harm
from any biological agent (including organisms that cause an
infectious disease) or toxin or chemical, radiological, or
nuclear threat that may cause a public health emergency.
``(b) Strategy.--The Secretary, in coordination with the Secretary
of Homeland Security and the Postmaster General, shall develop,
coordinate, and maintain a National Medical Countermeasure Dispensing
Strategy (referred to in this section as the `National MCM Dispensing
Strategy').
``(c) Contents.--The National MCM Dispensing Strategy shall--
``(1) encompass all aspects of the Federal role in
dispensing medical countermeasures (referred to in this section
as `MCMs') and describe methods by which the Federal Government
may assist State, local, and tribal governments to dispense
MCMs;
``(2) address a variety of geographical areas, population
densities, and demographics;
``(3) create a multilayered approach for the dispensing of
MCMs that includes redundancies;
``(4) address--
``(A) a staffing plan for dispensing MCMs,
including--
``(i) for MCM dispensing locations; and
``(ii) for dispensing through the United
States Postal Service;
``(B) requirements for timeliness of MCM
dispensing;
``(C) appropriateness, effectiveness, and
efficiency of differing methods of MCM dispensing;
``(D) measures and evaluations of MCM dispensing
effectiveness and efficiency;
``(E) liability issues associated with MCM
dispensing, considering--
``(i) the volunteer force;
``(ii) medical personnel;
``(iii) potential adverse reactions to
medications;
``(iv) participating employees of the
United States Postal Service; and
``(v) security personnel;
``(F) security issues, including--
``(i) partnerships with law enforcement;
and
``(ii) necessary levels of security to
protect MCM dispensing locations and related
personnel, participating employees of the
United States Postal Service, and
transportation of MCMs;
``(G) communications issues, including--
``(i) communications between the Federal,
State, local, and tribal government officials
that may be involved in dispensing MCMs;
``(ii) communications between the
government and private sector; and
``(iii) the creation of prescripted public
message statements informing people how they
can acquire MCMs;
``(H) transportation of MCMs to dispensing
locations;
``(I) implementation and operations of dispensing
plans;
``(J) necessary levels of Federal technical
assistance in developing MCM dispensing capabilities;
and
``(K) any other topics that the Secretary
determines appropriate;
``(5) in coordination with the Secretary of Homeland
Security, include a plan to develop a pre-incident public
information campaign that will inform the public of--
``(A) personal preparedness for a biological attack
or naturally occurring disease outbreak;
``(B) options for obtaining MCMs;
``(C) options for receiving medical care during a
public health emergency; and
``(D) any other issues that the Secretary
determines appropriate; and
``(6) be exercised regularly in various jurisdictions.
``(d) Coordination.--Where appropriate, the Secretary, in
coordination with the Secretary of Homeland Security and the Postmaster
General, shall coordinate with State, local, and tribal government
officials, private sector, and nongovernmental organizations in
development of the National MCM Dispensing Strategy.
``(e) Reports to Congress.--
``(1) In general.--The Secretary, in coordination with the
Secretary of Homeland Security and the Postmaster General,
shall--
``(A) not later than 180 days after the date of
enactment of this section, submit the National MCM
Dispensing Strategy to the appropriate committees of
Congress; and
``(B) not later than 180 days after the submission
of the Strategy under subparagraph (A), submit an
implementation plan for such Strategy to the
appropriate committees of Congress.
``(2) Status report.--Not later than 1 year after the
submission of the implementation plan under paragraph (1)(B),
the Secretary, in coordination with the Secretary of Homeland
Security and the Postmaster General, shall submit to the
appropriate committees of Congress a report describing the
status of the activities taken pursuant to the implementation
plan.''.
SEC. 202. TAILORING OF THE NATIONAL MEDICAL COUNTERMEASURE DISPENSING
STRATEGY.
(a) In General.--
(1) Plans.--The Secretary of Health and Human Services, in
coordination with the Secretary of Homeland Security and, where
appropriate, the Postmaster General, shall tailor the National
MCM Dispensing Strategy established under section 319N of the
Public Health Service Act (as added by section 201) for--
(A) Cities Readiness Initiative jurisdictions and
other densely populated metropolitan areas deemed at
highest risk of being the target of a terrorist attack;
(B) representative localities of varying geographic
sizes, population densities, and demographics; and
(C) any other unique or specific local needs the
Secretary of Health and Human Services deems
appropriate.
(2) Consultation with state, local, and tribal
governments.--In fulfilling the requirements of paragraph (1),
the Secretary of Health and Human Services, in coordination
with the Secretary of Homeland Security and, where appropriate,
the Postmaster General, shall consult with State, local, and
tribal officials.
(3) Review.--The Secretary of Homeland Security, during and
in conjunction with the creation of tailored National MCM
Dispensing Strategy plans under paragraph (1), shall--
(A) provide a review of transportation and
logistics capabilities for moving medical
countermeasures from State, local, and tribal
receiving, staging, and storing sites to dispensing
locations;
(B) review security plans and capabilities for
protecting transportation of medical countermeasures
and dispensing locations;
(C) work in coordination with the Postmaster
General to review security for protecting United States
Postal Service employees performing dispensing;
(D) assist State, local, and tribal governments in
building partnerships with law enforcement to perform
security for medical countermeasure transportation and
dispensing;
(E) assist State, local, and tribal governments in
working with emergency response providers to create
appropriate roles for their participation in the
tailored Strategy plans; and
(F) determine other assistance that may be offered
to State, local, and tribal governments with respect to
logistics, transportation, security, or other issues
that the Secretary of Homeland Security determines
appropriate.
(b) Definition.--In this section, the term ``emergency response
provider'' has the meaning given that term in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101).
SEC. 203. EXPANSION IN THE USE OF THE U.S. POSTAL SERVICE TO DELIVER
MEDICAL COUNTERMEASURES.
(a) In General.--The Secretary of Health and Human Services, in
coordination with the Postmaster General and the Secretary of Homeland
Security, shall expand existing pilot programs to utilize the United
States Postal Service to deliver medical countermeasures in a public
health emergency.
(b) Timeline.--The Postmaster General shall increase the ability of
the United States Postal Service to deliver medical countermeasures to
homes in--
(1) 5 additional Cities Readiness Initiative jurisdictions
not later than 1 year after the date of enactment of this Act;
and
(2) 15 additional Cities Readiness Initiative jurisdictions
not later than 2 years after the date of enactment of this Act.
(c) USPS Medkits.--The Secretary of Health and Human Services, in
coordination with the Postmaster General and the Secretary of Homeland
Security, shall, on a biennial basis, reevaluate the contents of
medkits provided to enrolled United States Postal Service employees
under the U.S. Postal Service Dispensing Plan.
(d) Content Consideration.--In establishing the appropriate
contents for medkits under subsection (c), the Secretary of Health and
Human Services shall--
(1) consider information available from any biological or
bioterrorism risk assessments conducted by the Department of
Homeland Security or other relevant assessments by other
departments or the intelligence community;
(2) consider the criteria described in section
351A(a)(1)(B) of the Public Health Service Act (42 U.S.C.
262a(a)(1)(B));
(3) consult with private and public organizations, as
appropriate; and
(4) consider such other criteria and information that the
Secretary of Health and Human Services and the Secretary of
Homeland Security determine appropriate.
(e) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary of Health and Human Services, the Postmaster
General, and the Secretary of Homeland Security shall submit to the
appropriate committees of Congress a report on the implementation of
this section.
(f) Definitions.--In this section--
(1) the term ``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and
Governmental Affairs and the Committee on Health,
Education, Labor, and Pensions of the Senate; and
(B) the Committee on Homeland Security, the
Committee on Energy and Commerce, and the Committee on
Oversight and Government Reform of the House of
Representatives;
(2) the term ``medkit'' means a cache of antibiotics and
other medical countermeasures to be used during a public health
emergency; and
(3) the term ``public health emergency'' means a public
health emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act (42
U.S.C. 247d).
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 204. DISPENSING MEDICAL COUNTERMEASURES THROUGH EMPLOYERS.
(a) Definitions.--In this section--
(1) the term ``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and
Governmental Affairs and the Committee on Health,
Education, Labor, and Pensions of the Senate; and
(B) the Committee on Homeland Security and the
Committee on Energy and Commerce of the House of
Representatives;
(2) the terms ``biological agent'' and ``toxin'' have the
meanings given those terms in section 178 of title 18, United
States Code;
(3) the term ``covered Federal facility'' means a Federal
facility determined by the Secretary of Health and Human
Services, in coordination with the Secretary of Homeland
Security, to be of sufficient size, workforce level, and
geographic location to warrant developing a plan for receiving
and dispensing medical countermeasures to employees working in
the Federal facility;
(4) the term ``dispense'' means to provide prophylaxis and
other related medical material to an affected population in
response to a threat or incident; and
(5) the term ``medical countermeasures'' means a drug or
biological product used to mitigate, prevent, or treat harm
from any biological agent (including organisms that cause an
infectious disease) or toxin or chemical, radiological, or
nuclear threat that may cause a public health emergency.
(b) Federal Plan.--
(1) In general.--The head of each executive agency, in
consultation with the Secretary of Health and Human Services
and the Secretary of Homeland Security, shall develop a plan to
receive and dispense medical countermeasures to individuals
employed by the executive agency--
(A) if the individuals work in a covered Federal
facility that is likely the target, or located in an
area that is likely a target, of an act of terrorism
involving a biological agent or toxin; or
(B) in the event of a naturally occurring outbreak
of an infectious disease that may result in a national
epidemic.
(2) Contents.--The plans developed under paragraph (1)
shall identify individuals in the covered Federal facility who
will be performing receiving and dispensing of medical
countermeasures to employees.
(3) Review.--The Secretary of Health and Human Services, in
coordination with the Secretary of Homeland Security, shall
review and approve the plans developed under paragraph (1).
(4) Exercises.--On a biennial basis, the head of each
executive agency shall conduct exercises of the plan developed
by the head of the executive agency under paragraph (1).
(c) Other Employers.--The Secretary of Health and Human Services,
in coordination with Secretary of Homeland Security, shall establish a
set of best practices to guide and promote medical countermeasure
dispensing capabilities among private sector entities.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Health and Human Services, in coordination
with the Secretary of Homeland Security, shall submit to the
appropriate committees of Congress a report on the implementation of
this section.
SEC. 205. PERSONAL MEDKITS FOR EMERGENCY RESPONSE PROVIDERS.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.), as amended by section 106, is further amended by
adding at the end the following:
``SEC. 320. PERSONAL MEDKITS FOR EMERGENCY RESPONDERS.
``(a) Definitions.--In this section--
``(1) the term `appropriate committees of Congress' means--
``(A) the Committee on Homeland Security and
Governmental Affairs and the Committee on Health,
Education, Labor, and Pensions of the Senate; and
``(B) the Committee on Homeland Security and the
Committee on Energy and Commerce of the House of
Representatives;
``(2) the term `emergency responders' means an emergency
response provider or an active member of a local citizen
preparedness organization, including Community Emergency
Response Teams, the Medical Reserve Corps, the Fire Corps, and
the citizen preparedness programs of the American Red Cross;
``(3) the term `immediate family member' means an
individual who is a cohabitating family member or domestic
partner;
``(4) the term `medkit' means a cache of antibiotics and
other medical countermeasures to be used during a public health
emergency;
``(5) the term `medkit program' means the program
established under subsection (b); and
``(6) the term `public health emergency' means a public
health emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act (42
U.S.C. 247d).
``(b) Establishment.--The Secretary, in coordination with the
Secretary of Health and Human Services, shall establish a program to
distribute medkits to emergency responders and immediate family members
of emergency responders.
``(c) Medkit Program Components.--
``(1) In general.--An emergency responder or immediate
family member of an emergency responder participating in the
medkit program shall--
``(A) register with the Secretary;
``(B) before the distribution of a medkit, receive
training regarding--
``(i) the proper use and dosing of medical
countermeasures;
``(ii) reporting of the use of a medkit;
``(iii) the proper storage of a medkit; and
``(iv) any other topic determined
appropriate by the Secretary;
``(C) before the distribution of a medkit, undergo
appropriate medical screening; and
``(D) report the use of a medkit within a
reasonable time period, as established by the
Secretary.
``(2) Inventory.--The Secretary shall conduct an annual
inventory of medkits distributed under the medkit program.
``(d) Authorization and Contents.--
``(1) In general.--The Secretary shall coordinate with the
Secretary of Health and Human Services and the Commissioner of
Food and Drugs to--
``(A) seek a pre-incident emergency use
authorization under section 564 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360bbb-3) to allow
distribution and use of medkits under the medkit
program; and
``(B) establish the appropriate contents for
medkits distributed under the medkit program.
``(2) Content consideration.--In establishing the
appropriate contents for medkits under paragraph (1)(B), the
Secretary shall--
``(A) consider information available from any
biological or bioterrorism risk assessments conducted
by the Department of Homeland Security or other
relevant assessments by other departments or the
intelligence community;
``(B) consider the criteria described in section
351A(a)(1)(B) of the Public Health Service Act (42
U.S.C. 262a(a)(1)(B));
``(C) consult with relevant private and public
organizations; and
``(D) consider such other criteria and information
that the Secretary and the Secretary of Health and
Human Services determine appropriate.
``(e) Report.--Not later than 180 days after the date of enactment
of this section, the Secretary shall submit to the appropriate
committees of Congress a report on the implementation of this section.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 319,
as added by section 106 of this Act, the following:
``Sec. 320. Personal medkits for emergency responders.''.
SEC. 206. GENERAL PUBLIC MEDKIT PILOT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``medical countermeasures'' means a drug or
biological product used to mitigate, prevent, or treat harm
from any biological agent (including organisms that cause an
infectious disease) or toxin or chemical, radiological, or
nuclear agent that may cause a public health emergency; and
(2) the term ``medkit'' means a cache of antibiotics and
other medical countermeasures to be used during a public health
emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act (42
U.S.C. 247d).
(b) Pilot Program.--The Secretary of Health and Human Services, in
coordination with the Secretary of Homeland Security, shall conduct a
pilot program to study the feasibility of providing personal medkits to
the public.
(c) Requirements.--In carrying out the pilot program, the Secretary
of Health and Human Services, in coordination with the Secretary of
Homeland Security, shall ensure that--
(1) enrollment of participants in the pilot program
encompasses a diverse range of municipality sizes, various
geographic locations, and different socioeconomic statuses;
(2) the number of enrolled participants in the program
shall be expanded significantly beyond the number of those
enrolled in the 2006 St. Louis Medkit evaluation study,
conducted by the Centers for Disease Control and Prevention, to
at least 10,000 participants;
(3) the program shall evaluate the ability of households to
maintain medkits in the home as directed and reserve for
emergency use; and
(4) prior to obtaining a medkit, participants are required
to receive training regarding--
(A) proper use and dosing of medical
countermeasures;
(B) reporting of use of medkits;
(C) proper storage of medkits; and
(D) any other information that the Secretary of
Health and Human Services and the Secretary of Homeland
Security determine appropriate.
(d) Authorization and Content.--The Secretary of Health and Human
Services and the Secretary of Homeland Security shall coordinate with
the Commissioner of Food and Drugs--
(1) to obtain an emergency use authorization under section
564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb-3) to allow distribution of medkits for the purpose of
the pilot program; and
(2) to establish the appropriate contents of medkits to the
public for the pilot program.
(e) Report.--
(1) Appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Homeland Security and
Governmental Affairs and the Committee on Health,
Education, Labor, and Pensions of the Senate; and
(B) the Committee on Homeland Security and the
Committee on Energy and Commerce of the House of
Representatives.
(2) Report.--Not later than 90 days after completion of the
program under this section, the Secretary of Health and Human
Services, in coordination with the Secretary of Homeland
Security, shall submit to the appropriate committees of
Congress a report on the conclusions of such program. The
report shall include recommendations and conclusions on the
feasibility of creating a national medkit program, through
which medkits would be distributed widely to the public.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
Subtitle B--Bioforensics Capabilities and Strategy
SEC. 211. BIOFORENSICS CAPABILITIES AND STRATEGY.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.), as amended by section 205, is further amended by
adding at the end the following:
``SEC. 321. BIOFORENSICS CAPABILITIES AND STRATEGY.
``(a) Definitions.--In this section--
``(1) the term `appropriate committees of Congress' means--
``(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on the Judiciary,
the Committee on Health, Education, Labor, and
Pensions, the Committee on Agriculture, Nutrition, and
Forestry, and the Committee on Armed Services of the
Senate; and
``(B) the Committee on Homeland Security, the
Committee on the Judiciary, the Committee on Energy and
Commerce, the Committee on Agriculture, and the
Committee on Armed Services of the House of
Representatives;
``(2) the term `bioforensic' means the scientific
discipline dedicated to analyzing evidence from a bioterrorism
act, biological agent or toxin based criminal act, or
inadvertent biological agent or toxin release for attribution
purposes;
``(3) the term `National Bioforensics Analysis Center'
means the National Bioforensics Analysis Center established
under subsection (b);
``(4) the term `national bioforensics repository
collection' means the national bioforensics repository
collection established under subsection (c)(1); and
``(5) the term `national bioforensics strategy' means the
national bioforensics strategy developed under subsection
(d)(1).
``(b) National Bioforensics Analysis Center.--There is in the
Department a National Bioforensics Analysis Center which shall--
``(1) serve as the lead Federal facility to conduct and
facilitate bioforensic analysis in support of the executive
agency with primary responsibility for responding to the
biological incident;
``(2) maintain the national bioforensics repository
collection as a reference collection of biological agents and
toxins for comparative bioforensic identifications; and
``(3) support threat agent characterization studies and
bioforensic assay development.
``(c) National Bioforensic Repository Collection.--
``(1) In general.--The National Bioforensics Analysis
Center shall maintain a national bioforensics repository
collection.
``(2) Activities.--The national bioforensics repository
collection shall--
``(A) receive, store, and distribute biological
threat agents and toxins and related biological agents
and toxins;
``(B) serve as a reference collection for
comparative bioforensic identifications; and
``(C) support threat agent characterization studies
and bioforensic assay development.
``(3) Participation.--
``(A) In general.--The Secretary, the Attorney
General, the Secretary of Health and Human Services,
the Secretary of Agriculture, the Secretary of Defense,
and the head of any other appropriate executive agency
with a biological agent or toxin collection that is
useful for the bioforensic analysis of biological
incidents, performance of biological threat agent
characterization studies, or development of bioforensic
assays shall provide all relevant biological agents and
toxins, as determined by the Secretary, which shall not
include any variola virus, to the national bioforensics
repository collection.
``(B) Other biological agents and toxins.--The
Secretary shall encourage the contribution of public
and private biological agent and toxin collections to
the national bioforensics repository collection 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 an executive agency that submits a
biological agent or toxin to the national bioforensics
repository collection with access to the national
bioforensics repository collection; and
``(B) establish a mechanism to provide public and
private entities with access to the national
bioforensics repository collection, as appropriate, for
academic analysis of a biological agent or toxin in the
national bioforensics repository collection.
``(5) Report.--
``(A) In general.--Not later than 180 days after
the date of enactment of this section, the Secretary,
in consultation with the Attorney General, the
Secretary of Health and Human Services, the Secretary
of Agriculture, the Secretary of Defense, and the head
of any other appropriate executive agency that will
participate in or contribute 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 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 national bioforensics
repository collection;
``(iii) examine any access or participation
issues affecting the establishment of the
national bioforensics repository collection or
the ability to support bioforensic analysis,
threat characterization studies, or bioforensic
assay 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 for the national
bioforensics repository collection
associated with accessing domestic and
international biological agent and
toxin collections;
``(IV) costs incurred by domestic
and international biological agent and
toxin collections to allow broad access
or contribute biological agents or
toxins to the national bioforensics
repository collection; and
``(V) access to the national
bioforensics repository collection by
public and private researchers to
support threat characterization studies
and bioforensic assay development; and
``(iv) other issues determined appropriate
by the Secretary.
``(d) National Bioforensic Strategy.--
``(1) In general.--The Secretary, in coordination with the
Attorney General, the Secretary of Health and Human Services,
the Secretary of Agriculture, the Secretary of Defense, 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 analyzing
evidence from a bioterrorism act, biological agent or
toxin based criminal act, or inadvertent biological
agent or toxin release for attribution purposes;
``(B) describe the roles and responsibilities of
all relevant executive agencies;
``(C) establish mechanisms, in coordination with
State, local, and tribal governments, for coordinating
with law enforcement agencies in analyzing bioforensic
evidence;
``(D) include guidance for collecting, processing,
and analyzing samples; and
``(E) provide for a coordinated approach across all
executive agencies to support threat agent
characterization research, funding, and assay
development.
``(3) Report.--Not later than 180 days after the date of
enactment of this section, the Secretary, in consultation with
the Attorney General, the Secretary of Health and Human
Services, the Secretary of Agriculture, the Secretary of
Defense, and the head of any other appropriate executive
agency, as determined by the Secretary, shall submit to the
appropriate committees of Congress the national bioforensics
strategy.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 320,
as added by section 205 of this Act, the following:
``Sec. 321. Bioforensics capabilities and strategy.''.
Subtitle C--Communications Planning
SEC. 221. COMMUNICATIONS PLANNING.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end the following:
``SEC. 525. COMMUNICATIONS PLANNING.
``(a) Incorporation of Communications Plans.--
``(1) In general.--The Secretary, acting through the
Administrator of the Federal Emergency Management Agency, shall
incorporate into each operational plan developed under sections
653(a)(4) and 653(b) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 701 note) a communications plan
for providing information to the public related to preventing,
preparing for, protecting against, and responding to imminent
natural disasters, acts of terrorism, and other man-made
disasters, including incidents involving the use of weapons of
mass destruction and other potentially catastrophic events.
``(2) Consultation.--In developing communications plans
under paragraph (1), the Administrator shall consult with
State, local, and tribal governments and coordinate, as the
Administrator considers appropriate, with other Federal
departments and agencies that have responsibilities under the
National Response Framework and other relevant Federal
departments and agencies.
``(b) Prescripted Messages and Message Templates.--
``(1) In general.--As part of the communication plans, the
Administrator shall develop prescripted messages or message
templates, as appropriate, to be included in the plans to be
provided to State, local, and tribal officials so that those
officials can quickly and rapidly disseminate critical
information to the public in anticipation or in the immediate
aftermath of a disaster or incident.
``(2) Development and design.--The prescripted messages or
message templates shall--
``(A) be developed, as the Administrator determines
appropriate, in consultation with State, local, and
tribal governments and in coordination with other
Federal departments and agencies that have
responsibilities under the National Response Framework
and other relevant Federal departments and agencies;
``(B) be designed to provide accurate, essential,
and appropriate information and instructions to the
population directly affected by a disaster or incident,
including information related to evacuation, sheltering
in place, and issues of immediate health and safety;
and
``(C) be designed to provide accurate, essential,
and appropriate technical information and instructions
to emergency response providers and medical personnel
responding to a disaster or incident.
``(c) Communications Formats.--In developing the prescripted
messages or message templates required under subsection (b), the
Administrator shall develop each such prescripted message or message
template in multiple formats to ensure delivery--
``(1) in cases where the usual communications
infrastructure is unusable as a result of the nature of a
disaster or incident; and
``(2) to individuals with disabilities or other special
needs and individuals with limited English proficiency in
accordance with section 616 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 701 note).
``(d) Dissemination and Technical Assistance.--The Administrator
shall ensure that all prescripted messages and message templates
developed under this section are made available to State, local, and
tribal governments so that those governments may incorporate them, as
appropriate, into their emergency plans. The Administrator shall also
make available relevant technical assistance to those governments to
support communications planning.
``(e) Exercises.--To ensure that the prescripted messages or
message templates developed under this section can be effectively
utilized in a disaster or incident, the Administrator shall incorporate
such prescripted 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. 701
note).
``(f) Report.--Not later than 1 year after the date of the
enactment of this section, the Administrator shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
a copy of the communications plans required to be developed under this
section, including prescripted messages or message templates developed
in conjunction with the plans and a description of the means that will
be used to deliver such messages in a natural disaster, act of
terrorism, or other man-made disaster.''.
(b) Table of Contents.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by
inserting after the item relating to section 524 the following:
``Sec. 525. Communications planning.''.
SEC. 222. PLUME MODELING.
(a) Definitions.--In this section--
(1) the term ``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on Energy and
Natural Resources, the Committee on Armed Services, and
the Committee on Health, Education, Labor, and Pensions
of the Senate; and
(B) the Committee on Homeland Security, the
Committee on Energy and Commerce, and the Committee on
Armed Services of the House of Representatives;
(2) the term ``executive agency'' has the meaning given
that term in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101);
(3) the term ``integrated plume model'' means a plume model
that integrates protective action guidance and other
information as the Secretary of Homeland Security determines
appropriate; and
(4) the term ``plume model'' means the assessment of the
location and prediction of the spread of nuclear, radioactive,
or chemical fallout and biological pathogens resulting from an
explosion or release of nuclear, radioactive, chemical, or
biological substances.
(b) Development.--
(1) In general.--The Secretary of Homeland Security shall
develop and disseminate integrated plume models to enable rapid
response activities following a nuclear, radiological,
chemical, or biological explosion or release.
(2) Scope.--The Secretary of Homeland Security shall--
(A) ensure the rapid development and distribution
of integrated plume models to appropriate officials of
the Federal Government and State, local, and tribal
governments to enable immediate response to a nuclear,
radiological, chemical, or biological incident; and
(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 response activities by individuals.
(3) Consultation with other departments and agencies.--In
developing the integrated plume models described in this
section, the Secretary of Homeland Security shall consult, as
appropriate, with--
(A) the Secretary of Energy, the Secretary of
Defense, the Secretary of Health and Human Services,
and the heads of other executive agencies determined
appropriate by the Secretary of Homeland Security; and
(B) State, local, and tribal governments and
nongovernmental organizations.
(c) Exercises.--The Secretary of Homeland Security shall ensure
that the development and dissemination of integrated plume models are
assessed during exercises administered by the Department of Homeland
Security.
(d) Reporting.--Not later than 180 days after the date of enactment
of this Act, and every year thereafter, the Secretary of Homeland
Security shall submit to the appropriate committees of Congress a
report regarding--
(1) the development and dissemination of integrated plume
models under this section; and
(2) lessons learned from assessing the development and
dissemination of integrated plume models during exercises
administered by the Department of Homeland Security, and plans
for improving the development and dissemination of integrated
plume models, as appropriate.
TITLE III--INTERNATIONAL MEASURES TO PREVENT BIOLOGICAL TERRORISM
Subtitle A--Prevention and Protection Against International Biological
Threats
SEC. 301. INTERNATIONAL THREAT ASSESSMENT: TIER I PATHOGEN FACILITIES.
(a) Review.--Not later than 6 months after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of State, the Secretary of Homeland
Security, the Secretary of Health and Human Services, the Secretary of
Agriculture, and the heads of other appropriate Federal agencies, shall
complete a global review of international biological security threats
to the United States.
(b) Content.--The review under this section shall--
(1) assess global biological risks, including by describing
regions or countries with the greatest biological security
risk, taking into account factors such as--
(A) the presence and capabilities of a foreign
terrorist organization;
(B) the location of highest risk pathogen
collections; and
(C) the location of biological laboratories
operating with inadequate security measures; and
(2) assess any gaps in knowledge about international
biosecurity threats.
(c) Updates.--The Director shall update the review under this
section as new or revised intelligence becomes available, but not less
frequently than biennially.
(d) Submission of Review or Update.--Not later than 6 months after
the date of the enactment of this Act, and biennially thereafter, the
Director shall submit the classified review or update to--
(1) the Select Committee on Intelligence of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(4) the Committee on Armed Services of the House of
Representatives.
(e) Submission of Unclassified Summary and Classified Annex.--Not
later than 6 months after the date of the enactment of this Act, and
biennially thereafter, the Director shall submit an unclassified report
and a classified annex summarizing the review or update to--
(1) the Committee on Agriculture of the Senate;
(2) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(3) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(4) the Committee on Agriculture of the House of the
Representatives;
(5) the Committee on Energy and Commerce of the House of
Representatives; and
(6) the Committee on Homeland Security of the House of
Representatives.
(f) Sunset Date.--The requirements specified in subsections (c),
(d), and (e) of this section shall terminate four years after the date
of the enactment of this Act.
SEC. 302. STRENGTHENING INTERNATIONAL BIOSECURITY.
(a) Technical and Financial Assistance Authorized.--The Secretary
of State, in coordination with the Secretary of Health and Human
Services, the Secretary of Agriculture, the Secretary of Homeland
Security, and other appropriate agencies, shall provide technical and
financial assistance, including the activities described in subsection
(b), to countries or regions identified by the Threat Assessment
mandated in section 301.
(b) Authorized Activities.--
(1) Reducing and securing dangerous pathogen collections.--
The Secretary of State shall--
(A) provide assistance to remove or consolidate an
agent or toxin designated as a Tier I agent under
section 351A(a)(2) of the Public Health Service Act or
section 212(a)(2) of the Agricultural Bioterrorism
Protection Act of 2002 (in this subtitle referred to as
a ``Tier I agent'') and other dangerous pathogen
collections spread among multiple locations within a
country or region into facilities with appropriate
safety and security;
(B) provide assistance to replace dangerous or
obsolete pathogen isolation techniques with modern
diagnostic tools to improve safety and security and to
reduce the number and size of dangerous pathogen
collections in high risk regions and countries;
(C) encourage countries to eliminate stores of Tier
I agents and other dangerous pathogen collections in
exchange for facilitating access to state-of-the-art
civilian research at international facilities;
(D) provide assistance to identify and secure Tier
I agents and other dangerous pathogen collections in
high risk regions and countries; and
(E) carry out such other activities as the
Secretary of State considers necessary to achieve the
purposes of this subtitle.
(2) Prevention and protection.--The Secretary of State
shall--
(A) raise awareness of international biological
threats with foreign governments, academic
institutions, and industrial laboratories handling Tier
I agents and other dangerous pathogen collections
through conferences, seminars and workshops;
(B) provide physical security upgrades at high risk
laboratories;
(C) train foreign partners in high risk regions on
best laboratory biosecurity practices within facilities
handling Tier I agents and other dangerous pathogen
collections;
(D) assist foreign countries in establishing
personnel reliability measures, as part of a
comprehensive laboratory management system;
(E) partner with foreign governments, laboratories,
and scientists in activities that strengthen and
reinforce best biological safety and security practices
within facilities handling Tier I agents and other
dangerous pathogen collections;
(F) enhance information sharing through regular
meetings of relevant United States and foreign
government agencies with subject matter expertise on
pathogen security and laboratory best practices in high
risk regions;
(G) increase support for United States science and
technology agreements and initiatives in high risk
regions and countries, including collaborative projects
in the areas of bioterrorism prevention, infectious
disease control, disease surveillance, bioforensics,
laboratory biosafety, and hazardous waste management;
and
(H) develop laboratory biosafety and biosecurity
standards and guidelines, including personnel
reliability measures, for facilities handling Tier I
agents and other dangerous pathogen collections.
(3) Science and technology exchange.--The Secretary of
State shall--
(A) promote research and development collaboration
on highly infectious human, animal and plant disease
agents in facilities with appropriate safety and
security measures;
(B) provide opportunities for foreign scientists,
particularly those located in highest risk countries
identified in section 301, to receive training in the
United States on biological safety and security best
practices, standard operating procedures, and
maintenance for high containment facilities; and
(C) facilitate the secure exchange of research
samples between laboratories in the United States and
foreign national laboratories for the development of
vaccines and diagnostics for Tier I agents and other
dangerous pathogens.
SEC. 303. PROMOTING SECURE BIOTECHNOLOGY ADVANCEMENT.
(a) Plan To Promote International Adherence to International
Agreements.--The Secretary of State, in coordination with appropriate
agencies, shall produce and implement a plan for promoting
international adherence to, and implementation of, frameworks,
treaties, and other international agreements regarding weapons of mass
destruction, including the Biological Weapons Convention, World Health
Organization International Health regulations, and United Nations
Security Council Resolution 1540.
(b) Biotechnology Discussions.--
(1) In general.--The Secretary of State shall pursue
discussions with government, academic, and industry
representatives in countries that possess established or
emerging biotechnology sectors or are identified as high-risk
countries in the Threat Assessment required under section 301.
(2) Topics.--Topics to be discussed under paragraph (1)
shall include--
(A) multilateral initiatives intended to promote
safe and secure biotechnology;
(B) norms and safeguards necessary to prevent the
misuse of biotechnology;
(C) multilateral initiatives intended to counter
the threat of biological terrorism; and
(D) other topics on international biosecurity that
the Secretary of State considers to be relevant.
Subtitle B--Global Pathogen Surveillance
SEC. 321. SHORT TITLE.
This subtitle may be cited as the ``Global Pathogen Surveillance
Act of 2009''.
SEC. 322. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The frequency of the occurrence of biological events
that could threaten the national security of the United States
has increased and is likely increasing. The threat to the
United States from such events includes threats from diseases
that infect humans, animals, or plants regardless of whether
such diseases are introduced naturally, accidentally, or
intentionally.
(2) Bioterrorism poses a grave national security threat to
the United States. The insidious nature of a bioterrorist
attack, the likelihood that the recognition of such an attack
would be delayed, and the underpreparedness of the domestic
public health infrastructure to respond to such an attack could
result in catastrophic consequences following a biological
weapons attack against the United States.
(3) The ability to recognize that a country or organization
is carrying out a covert biological weapons program is
dependent on a number of indications and warnings. A critical
component of this recognition is the timely detection of
sentinel events such as community-level outbreaks that could be
the earliest indication of an emerging bioterrorist program in
a foreign country. Early detection of such events may enable
earlier counterproliferation intervention.
(4) A contagious pathogen engineered as a biological weapon
and developed, tested, produced, or released in a foreign
country could quickly spread to the United States. Considering
the realities of international travel, trade, and migration
patterns, a dangerous pathogen appearing naturally,
accidentally, or intentionally anywhere in the world can spread
to the United States in a matter of days, before any effective
quarantine or isolation measures could be implemented.
(5) To combat bioterrorism effectively and ensure that the
United States is fully prepared to prevent, recognize, and
contain a biological weapons attack or emerging infectious
disease, measures to strengthen the domestic public health
infrastructure and improve domestic event detection,
surveillance, and response, while absolutely essential, are not
sufficient.
(6) The United States should enhance cooperation with the
World Health Organization, regional international health
organizations, and individual countries, including data sharing
with appropriate agencies and departments of the United States,
to help detect and quickly contain infectious disease outbreaks
or a bioterrorism agent before such a disease or agent is
spread.
(7) The World Health Organization has done an impressive
job in monitoring infectious disease outbreaks around the
world, notably in the April 2000 establishment and subsequent
operation of the Global Outbreak Alert and Response Network.
(8) The capabilities of the World Health Organization
depend on the timeliness and quality of the data and
information the Organization receives from the countries that
are members of the Organization, pursuant to the 2005 revision
of the International Health Regulations. Developing countries,
in particular, often lack the necessary resources to build and
maintain effective public health infrastructures.
(9) Developing countries could benefit from--
(A) better trained public health professionals and
epidemiologists to recognize disease patterns;
(B) appropriate laboratory equipment for diagnosis
of pathogens;
(C) disease reporting systems that--
(i) are based on disease and syndrome
surveillance; and
(ii) could enable an effective response to
a biological event to begin at the earliest
possible opportunity;
(D) a narrowing of the existing technology gap in
disease and syndrome surveillance capabilities, based
on reported symptoms, and real-time information
dissemination to public health officials; and
(E) appropriate communications equipment and
information technology to efficiently transmit
information and data within national, international
regional, and international health networks, including
inexpensive, Internet-based geographic information
systems and relevant telephone-based systems for early
recognition and diagnosis of diseases.
(10) An effective international capability to detect,
monitor, and quickly diagnose infectious disease outbreaks will
offer dividends not only in the event of biological weapons
development, testing, production, and attack, but also in the
more likely cases of naturally occurring infectious disease
outbreaks that could threaten the United States. Furthermore, a
robust surveillance system will serve to deter or contain
terrorist use of biological weapons, mitigating the intended
effects of such malevolent uses.
(b) Purposes.--The purposes of this subtitle are as follows:
(1) To enhance the capability of the international
community, through international health organizations and
individual countries, to detect, identify, and contain
infectious disease outbreaks, whether the cause of those
outbreaks is intentional human action or natural in origin.
(2) To enhance the training of public health professionals
and epidemiologists from eligible developing countries in
advanced Internet-based disease and syndrome surveillance
systems, in addition to traditional epidemiology methods, so
that such professionals and epidemiologists may better detect,
diagnose, and contain infectious disease outbreaks, especially
such outbreaks caused by the pathogens that may be likely to be
used in a biological weapons attack.
(3) To provide assistance to eligible developing countries
to purchase appropriate communications equipment and
information technology to detect, analyze, and report
biological threats, including--
(A) relevant computer equipment, Internet
connectivity mechanisms, and telephone-based
applications to effectively gather, analyze, and
transmit public health information for infectious
disease surveillance and diagnosis; and
(B) appropriate computer equipment and Internet
connectivity mechanisms--
(i) to facilitate the exchange of
Geographic Information Systems-based disease
and syndrome surveillance information; and
(ii) to effectively gather, analyze, and
transmit public health information for
infectious disease surveillance and diagnosis.
(4) To make available greater numbers of public health
professionals who are employed by the Government of the United
States to international regional and international health
organizations, international regional and international health
networks, and United States diplomatic missions, as
appropriate.
(5) To expand the training and outreach activities of
United States laboratories located in foreign countries,
including the Centers for Disease Control and Prevention or
Department of Defense laboratories, to enhance the public
health capabilities of developing countries.
(6) To provide appropriate technical assistance to existing
international regional and international health networks and,
as appropriate, seed money for new international regional and
international networks.
SEC. 323. DEFINITIONS.
In this subtitle:
(1) Eligible developing country.--The term ``eligible
developing country'' means any developing country that--
(A) has agreed to the objective of fully complying
with requirements of the World Health Organization on
reporting public health information on outbreaks of
infectious diseases;
(B) has not been determined by the Secretary of
State, for purposes of section 40 of the Arms Export
Control Act (22 U.S.C. 2780), section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371), or
section 6(j) of the Export Administration Act of 1979
(as in effect pursuant to the International Emergency
Economic Powers Act; 50 U.S.C. 1701 et seq.), to have
repeatedly provided support for acts of international
terrorism, unless the Secretary of State exercises a
waiver certifying that it is in the national interest
of the United States to provide assistance under the
provisions of this subtitle; and
(C) is a party to the Convention on the Prohibition
of the Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin Weapons and on
Their Destruction, done at Washington, London, and
Moscow April 10, 1972 (26 UST 583).
(2) Eligible national.--The term ``eligible national''
means any citizen or national of an eligible developing country
who--
(A) does not have a criminal background;
(B) is not on any immigration or other United
States watch list; and
(C) is not affiliated with any foreign terrorist
organization.
(3) International health organization.--The term
``international health organization'' includes the World Health
Organization, regional offices of the World Health
Organization, and such similar international organizations as
the Pan American Health Organization.
(4) Laboratory.--The term ``laboratory'' means a facility
for the biological, microbiological, serological, chemical,
immunohematological, hematological, biophysical, cytological,
pathological, or other medical examination of materials derived
from the human body for the purpose of providing information
for the diagnosis, prevention, or treatment of any disease or
impairment of, or the assessment of the health of, human
beings.
(5) Disease and syndrome surveillance.--The term ``disease
and syndrome surveillance'' means the recording of clinician-
reported symptoms (patient complaints) and signs (derived from
physical examination and laboratory data) combined with simple
geographic locators to track the emergence of a disease in a
population.
SEC. 324. ELIGIBILITY FOR ASSISTANCE.
(a) In General.--Except as provided in subsection (b), assistance
may be provided to an eligible developing country under any provision
of this subtitle only if the government of the eligible developing
country--
(1) permits personnel from the World Health Organization
and the Centers for Disease Control and Prevention to
investigate outbreaks of infectious diseases within the borders
of such country; and
(2) provides pathogen surveillance data to the appropriate
agencies and departments of the United States and to
international health organizations.
(b) Waiver.--The Secretary of State may waive the prohibition set
out in subsection (a) if the Secretary of State determines that it is
in the national interest of the United States to provide such a waiver.
(c) Prior Notice of Waivers.--A waiver pursuant to subsection (b)
may not be executed until 15 days after the Secretary of State provides
to the Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives written notice of
the intent to issue such waiver and the reasons for doing so.
SEC. 325. RESTRICTION.
(a) In General.--Notwithstanding any other provision of this
subtitle, no foreign national participating in a program authorized
under this subtitle shall have access, during the course of such
participation, to a select agent or toxin described in section 73.4 of
title 42, Code of Federal Regulations (or any corresponding similar
regulation) or an overlap select agent or toxin described in section
73.5 of such title (or any corresponding similar regulation) that may
be used as, or in, a biological weapon, except in a supervised and
controlled setting.
(b) Relationship to Regulations.--The restriction set out in
subsection (a) may not be construed to limit the ability of the
Secretary of Health and Human Services to prescribe, through
regulation, standards for the handling of a select agent or toxin or an
overlap select agent or toxin described in such subsection.
SEC. 326. FELLOWSHIP PROGRAM.
(a) Establishment.--There is established a fellowship program under
which the Secretary of State, in consultation with the Secretary of
Health and Human Services and the Secretary of Homeland Security and
subject to the availability of appropriations, shall award fellowships
to eligible nationals to pursue public health education or training, as
follows:
(1) Master of public health degree.--Graduate courses of
study leading to a master of public health degree with a
concentration in epidemiology from an institution of higher
education in the United States with a Center for Public Health
Preparedness, as determined by the Director of the Centers for
Disease Control and Prevention.
(2) Advanced public health epidemiology training.--Advanced
public health training in epidemiology for public health
professionals from eligible developing countries to be carried
out at the Centers for Disease Control and Prevention, an
appropriate facility of a State, or an appropriate facility of
another agency or department of the United States (other than a
facility of the Department of Defense or a national laboratory
of the Department of Energy) for a period of not less than 6
months or more than 12 months.
(b) Specialization in Bioterrorism Response.--In addition to the
education or training specified in subsection (a), each recipient of a
fellowship under this section (in this section referred to as a
``fellow'') may take courses of study at the Centers for Disease
Control and Prevention or at an equivalent facility on diagnosis and
containment of likely bioterrorism agents.
(c) Fellowship Agreement.--
(1) In general.--A fellow shall enter into an agreement
with the Secretary of State under which the fellow agrees--
(A) to maintain satisfactory academic progress, as
determined in accordance with regulations issued by the
Secretary of State and confirmed in regularly scheduled
updates to the Secretary of State from the institution
providing the education or training on the progress of
the fellow's education or training;
(B) upon completion of such education or training,
to return to the fellow's country of nationality or
last habitual residence (so long as it is an eligible
developing country) and complete at least 4 years of
employment in a public health position in the
government or a nongovernmental, not-for-profit entity
in that country or, with the approval of the Secretary
of State, complete part or all of this requirement
through service with an international health
organization without geographic restriction; and
(C) that, if the fellow is unable to meet the
requirements described in subparagraph (A) or (B), the
fellow shall reimburse the United States for the value
of the assistance provided to the fellow under the
fellowship program, together with interest at a rate
that--
(i) is determined in accordance with
regulations issued by the Secretary of State;
and
(ii) is not higher than the rate generally
applied in connection with other Federal loans.
(2) Waivers.--The Secretary of State may waive the
application of subparagraph (B) or (C) of paragraph (1) on a
case by case basis if the Secretary of State determines that--
(A) it is in the national interest of the United
States to provide such a waiver; or
(B) humanitarian considerations require such a
waiver.
(d) Agreement.--The Secretary of State, in consultation with the
Secretary of Health and Human Services and the Secretary of Homeland
Security, is authorized to enter into an agreement with the government
of an eligible developing country under which such government agrees--
(1) to establish a procedure for the nomination of eligible
nationals for fellowships under this section;
(2) to guarantee that a fellow will be offered a
professional public health position within the developing
country upon completion of the fellow's studies; and
(3) to submit to the Secretary of State a certification
stating that a fellow has concluded the minimum period of
employment in a public health position required by the
fellowship agreement, including an explanation of how the
requirement was met.
(e) Participation of United States Citizens.--On a case-by-case
basis, the Secretary of State may provide for the participation of a
citizen of the United States in the fellowship program under the
provisions of this section if--
(1) the Secretary of State determines that it is in the
national interest of the United States to provide for such
participation; and
(2) the citizen of the United States agrees to complete, at
the conclusion of such participation, at least 5 years of
employment in a public health position in an eligible
developing country or at an international health organization.
(f) Use of Existing Programs.--The Secretary of State, with the
concurrence of the Secretary of Health and Human Services, may elect to
use existing programs of the Department of Health and Human Services to
provide the education and training described in subsection (a) if the
requirements of subsections (b), (c), and (d) will be substantially met
under such existing programs.
SEC. 327. IN-COUNTRY TRAINING IN LABORATORY TECHNIQUES AND DISEASE AND
SYNDROME SURVEILLANCE.
(a) Laboratory Techniques.--
(1) In general.--The Secretary of State, after consultation
with the Secretary of Health and Human Services, the Secretary
of Defense, and the Secretary of Homeland Security and in
conjunction with elements of those departments that engage in
activities of this type overseas, and subject to the
availability of appropriations, shall provide assistance for
short training courses for eligible nationals who are
laboratory technicians or other public health personnel in
laboratory techniques relating to the identification,
diagnosis, and tracking of pathogens responsible for possible
infectious disease outbreaks.
(2) Location.--The training described in paragraph (1)
shall be held outside the United States and may be conducted in
facilities of the Centers for Disease Control and Prevention
located in foreign countries or in Overseas Medical Research
Units of the Department of Defense, as appropriate.
(3) Coordination with existing programs.--The Secretary of
State shall coordinate the training described in paragraph (1),
where appropriate, with existing programs and activities of
international health organizations.
(b) Disease and Syndrome Surveillance.--
(1) In general.--The Secretary of State, after consultation
with the Secretary of Health and Human Services, the Secretary
of Defense, and the Secretary of Homeland Security and in
conjunction with elements of those departments that engage in
activities of this type overseas, and subject to the
availability of appropriations, shall establish and provide
assistance for short training courses for eligible nationals
who are health care providers or other public health personnel
in techniques of disease and syndrome surveillance reporting
and rapid analysis of syndrome information using geographic
information system tools.
(2) Location.--The training described in paragraph (1)
shall be conducted via the Internet or in appropriate
facilities located in a foreign country, as determined by the
Secretary of State.
(3) Coordination with existing programs.--The Secretary of
State shall coordinate the training described in paragraph (1),
where appropriate, with existing programs and activities of
international regional and international health organizations.
SEC. 328. ASSISTANCE FOR THE PURCHASE AND MAINTENANCE OF PUBLIC HEALTH
LABORATORY EQUIPMENT AND SUPPLIES.
(a) Authorization.--The President is authorized to provide, on such
terms and conditions as the President may determine, assistance to
eligible developing countries to purchase and maintain the public
health laboratory equipment and supplies described in subsection (b).
(b) Equipment and Supplies Covered.--The equipment and supplies
described in this subsection are equipment and supplies that are--
(1) appropriate, to the extent possible, for use in the
intended geographic area;
(2) necessary to collect, analyze, and identify
expeditiously a broad array of pathogen strains, which may
cause disease outbreaks or may be used in a biological weapon;
(3) compatible with general standards set forth by the
World Health Organization and, as appropriate, the Centers for
Disease Control and Prevention, to ensure interoperability with
international regional and international public health
networks; and
(4) not defense articles, defense services, or training, as
such terms are defined in the Arms Export Control Act (22
U.S.C. 2751 et seq.).
(c) Rule of Construction.--Nothing in this section shall be
construed to exempt the exporting of goods and technology from
compliance with applicable provisions of the Export Administration Act
of 1979 (as in effect pursuant to the International Emergency Economic
Powers Act; 50 U.S.C. 1701 et seq.).
(d) Limitation.--Amounts appropriated to carry out this section
shall not be made available for the purchase from a foreign country of
equipment or supplies that, if made in the United States, would be
subject to the Arms Export Control Act (22 U.S.C. 2751 et seq.) or
likely be barred or subject to special conditions under the Export
Administration Act of 1979 (as in effect pursuant to the International
Emergency Economic Powers Act; 50 U.S.C. 1701 et seq.).
(e) Procurement Preference.--In the use of grant funds authorized
under subsection (a), preference should be given to the purchase of
equipment and supplies of United States manufacture. The use of amounts
appropriated to carry out this section shall be subject to section 604
of the Foreign Assistance Act of 1961 (22 U.S.C. 2354).
(f) Country Commitments.--The assistance provided under this
section for equipment and supplies may be provided only if the eligible
developing country that receives such equipment and supplies agrees to
provide the infrastructure, technical personnel, and other resources
required to house, maintain, support, secure, and maximize use of such
equipment and supplies.
SEC. 329. ASSISTANCE FOR IMPROVED COMMUNICATION OF PUBLIC HEALTH
INFORMATION.
(a) Assistance for Purchase of Communication Equipment and
Information Technology.--The President is authorized to provide, on
such terms and conditions as the President may determine, assistance to
eligible developing countries to purchase and maintain the
communications equipment and information technology described in
subsection (b), and the supporting equipment, necessary to effectively
collect, analyze, and transmit public health information.
(b) Covered Equipment.--The communications equipment and
information technology described in this subsection are communications
equipment and information technology that--
(1) are suitable for use under the particular conditions of
the geographic area of intended use;
(2) meet the standards set forth by the World Health
Organization and, as appropriate, the Secretary of Health and
Human Services, to ensure interoperability with like equipment
of other countries and international organizations; and
(3) are not defense articles, defense services, or
training, as those terms are defined in the Arms Export Control
Act (22 U.S.C. 2751 et seq.).
(c) Rule of Construction.--Nothing in this section shall be
construed to exempt the exporting of goods and technology from
compliance with applicable provisions of the Export Administration Act
of 1979 (as in effect pursuant to the International Emergency Economic
Powers Act; 50 U.S.C. 1701 et seq.).
(d) Limitation.--Amounts appropriated to carry out this section
shall not be made available for the purchase from a foreign country of
communications equipment or information technology that, if made in the
United States, would be subject to the Arms Export Control Act (22
U.S.C. 2751 et seq.) or likely be barred or subject to special
conditions under the Export Administration Act of 1979 (as in effect
pursuant to the International Emergency Economic Powers Act; 50 U.S.C.
1701 et seq.).
(e) Procurement Preference.--In the use of grant funds under
subsection (a), preference should be given to the purchase of
communications equipment and information technology of United States
manufacture. The use of amounts appropriated to carry out this section
shall be subject to section 604 of the Foreign Assistance Act of 1961
(22 U.S.C. 2354).
(f) Assistance for Standardization of Reporting.--The President is
authorized to provide, on such terms and conditions as the President
may determine, technical assistance and grant assistance to
international health organizations to facilitate standardization in the
reporting of public health information between and among developing
countries and international health organizations.
(g) Country Commitments.--The assistance provided under this
section for communications equipment and information technology may be
provided only if the eligible developing country that receives such
equipment and technology agrees to provide the infrastructure,
technical personnel, and other resources required to house, maintain,
support, secure, and maximize use of such equipment and technology.
SEC. 330. ASSIGNMENT OF PUBLIC HEALTH PERSONNEL TO UNITED STATES
MISSIONS AND INTERNATIONAL ORGANIZATIONS.
(a) In General.--Upon the request of the chief of a diplomatic
mission of the United States or of the head of an international
regional or international health organization, and with the concurrence
of the Secretary of State and of the employee concerned, the head of an
agency or department of the United States may assign to the mission or
the organization any officer or employee of the agency or department
that occupies a public health position within the agency or department
for the purpose of enhancing disease and pathogen surveillance efforts
in developing countries.
(b) Reimbursement.--The costs incurred by an agency or department
of the United States by reason of the detail of personnel under
subsection (a) may be reimbursed to that agency or department out of
the applicable appropriations account of the Department of State if the
Secretary of State determines that the agency or department may
otherwise be unable to assign such personnel on a non-reimbursable
basis.
SEC. 331. EXPANSION OF CERTAIN UNITED STATES GOVERNMENT LABORATORIES
ABROAD.
(a) In General.--Subject to the availability of appropriations and
with the concurrence of the government of each host country, the
Director of the Centers for Disease Control and Prevention and the
Secretary of Defense shall each--
(1) increase the number of personnel assigned to
laboratories of the Centers for Disease Control and Prevention
or the Department of Defense, as appropriate, located in
eligible developing countries that conduct research and other
activities with respect to infectious diseases; and
(2) expand the operations of such laboratories, especially
with respect to the implementation of on-site training of
foreign nationals and activities affecting the region in which
the country is located.
(b) Cooperation and Coordination Between Laboratories.--Subsection
(a) shall be carried out in such a manner as to foster cooperation and
avoid duplication between and among laboratories.
SEC. 332. ASSISTANCE FOR INTERNATIONAL HEALTH NETWORKS AND EXPANSION OF
FIELD EPIDEMIOLOGY TRAINING PROGRAMS.
(a) Authority.--The President is authorized, on such terms and
conditions as the President may determine, to provide assistance for
the purposes of--
(1) enhancing the surveillance and reporting capabilities
of the World Health Organization and existing international
regional and international health networks; and
(2) developing new international regional and international
health networks.
(b) Expansion of Field Epidemiology Training Programs.--The
Secretary of Health and Human Services is authorized to establish new
country or regional international Field Epidemiology Training Programs
in eligible developing countries, with the concurrence of the
government of each host country.
SEC. 333. REPORTS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of State, in conjunction with the Secretary of Health and
Human Services, the Secretary of Defense, and the Secretary of Homeland
Security, shall submit to the Committee on Foreign Relations and the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Foreign Affairs and the Committee on Homeland
Security of the House of Representatives a report on the implementation
of programs under this subtitle, including an estimate of the level of
funding required to carry out such programs.
SEC. 334. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subject to subsection (c),
there are authorized to be appropriated for the purpose of carrying out
activities under this subtitle the following amounts:
(1) $40,000,000 for fiscal year 2010.
(2) $75,000,000 for fiscal year 2011.
(b) Availability of Funds.--The amounts appropriated pursuant to
subsection (a) are authorized to remain available until expended.
(c) Limitation on Obligation of Funds.--Not more than 10 percent of
the amount appropriated pursuant to subsection (a)(1) may be obligated
before the date on which a report is submitted, or required to be
submitted, whichever first occurs, under section 333.
TITLE IV--GOVERNMENT ORGANIZATION
SEC. 401. INTELLIGENCE ON WEAPONS OF MASS DESTRUCTION.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the
Committee on Appropriations, the Committee on Armed
Services, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Homeland Security of the
House of Representatives.
(2) Director.--The term ``Director'' means the Director of
National Intelligence.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a).
(4) Weapons of mass destruction.--The term ``weapons of
mass destruction'' means--
(A) any weapon that is designed, intended, or has
the capability to cause death, illness, or serious
bodily injury to a significant number of persons
through the release, dissemination, or impact of toxic
or poisonous chemicals or their precursors;
(B) any weapon involving a biological agent, toxin,
or vector (as such terms are defined in section 178 of
title 18, United States Code) that is designed,
intended, or has the capability to cause death,
illness, or serious bodily injury to a significant
number of persons; or
(C) any weapon that is designed, intended, or has
the capability to release radiation or radioactivity
causing death, illness, or serious bodily injury to a
significant number of persons.
(b) Strategy for Improving Intelligence Capabilities.--
(1) Requirement for strategy.--Not later than 120 days
after the date of the enactment of this Act, the Director shall
develop, implement, and submit to the appropriate committees of
Congress a strategy for improving the capabilities of the
United States for the collection, analysis, and dissemination
of intelligence related to weapons of mass destruction,
including intelligence related to the relationship between
weapons of mass destruction and terrorism.
(2) Elements.--The strategy required by paragraph (1) shall
include a description of each of the following:
(A) Methods for recruitment, training, and
retention of individuals with expertise in the
collection, analysis, and dissemination of intelligence
related to weapons of mass destruction, including
appropriate scientific and technical expertise.
(B) Methods for collaboration, as appropriate, with
individuals with expertise described in subparagraph
(A) who are employed by nongovernmental entities or who
are foreign nationals.
(C) Analytic questions and gaps in information
related to intelligence on weapons of mass destruction,
including such intelligence concerning state actors and
nonstate actors, such as smugglers, criminal
enterprises, and financiers, that will be used to guide
intelligence collection.
(D) Activities for the development of innovative
human and technical intelligence collection
capabilities and techniques.
(E) 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.
(F) Actions necessary to identify and overcome
activities by a foreign government or person to deny or
deceive the intelligence community concerning
intelligence regarding weapons of mass destruction.
(G) Specific objectives to be accomplished during
each year of the first 5-year period after the strategy
is submitted to the appropriate committees of Congress
and tasks to accomplish such objectives, including--
(i) a list prioritizing such objectives and
tasks; and
(ii) a schedule for meeting such objectives
and carrying out such tasks.
(H) Assignments of roles and responsibilities to
elements of the intelligence community to implement the
strategy.
(I) The personnel, financial, and other resources
necessary to implement the strategy and a plan for
obtaining such resources.
(J) Metrics for measuring the effectiveness and
efficiency of the strategy.
(K) A schedule for assessment, review, and, as
appropriate, revision of the strategy.
(3) Requirement to consult.--In developing the strategy
required by paragraph (1), the Director shall consult with
appropriate officials of the United States including the Under
Secretary of Defense for Acquisition, Technology, and Logistics
and the Under Secretary for Science and Technology of the
Department of Homeland Security.
(4) Form.--The strategy required by paragraph (1) may be
submitted in a classified form.
(c) Requirement for Reports.--
(1) In general.--Not less frequently than once during each
180-day period after the date of the submission of the strategy
required by subsection (b)(1) to the appropriate committees of
Congress, the Director shall submit to the appropriate
committees of Congress a report on the implementation of such
strategy.
(2) Content.--Each report required by paragraph (1) shall
include the following:
(A) An assessment of whether the objectives and
tasks referred to in subsection (b)(2)(G) have been
accomplished in accordance with the proposed schedule.
(B) Data corresponding to the metrics required by
subsection (b)(2)(J) for measuring the effectiveness
and efficiency of the strategy.
(C) An assessment of the actions of the elements of
the intelligence community to implement the strategy.
(D) An assessment of whether the personnel,
financial, and other resources available are sufficient
to implement the strategy.
(E) A description of any revisions to, or plans to
revise, any component of the strategy.
(3) Sunset date.--The requirement set forth in paragraph
(1) shall terminate three years after the date of the
submission of the strategy required by subsection (b)(1) to the
appropriate committees of Congress.
SEC. 402. INTELLIGENCE COMMUNITY LANGUAGE CAPABILITIES AND CULTURAL
KNOWLEDGE.
(a) Definitions.--In this section, the terms ``appropriate
committees of Congress'', ``Director'', ``intelligence community'', and
``weapons of mass destruction'' have the meaning given such terms in
section 401.
(b) Strategy for Improving Language Capabilities and Cultural
Knowledge.--
(1) Requirement for strategy.--Not later than 180 days
after the date of the enactment of this Act, the Director shall
develop, implement, and submit to the appropriate committees of
Congress a strategy for improving the recruiting, training, and
retention of employees of the elements of the intelligence
community who possess critical language capabilities and
cultural backgrounds relevant to countering terrorism or
collecting, analyzing, and disseminating intelligence related
to weapons of mass destruction, including individuals who are
first or second-generation United States citizens and United
States citizens with immediate relatives who are foreign
nationals.
(2) Elements.--The strategy required by paragraph (1) shall
include a description of each of the following:
(A) The current and projected needs of the
intelligence community during the ten-year periods,
beginning on the date the strategy is submitted to the
appropriate committees of Congress, for employees with
critical language capabilities and cultural backgrounds
relevant to countering terrorism or collecting,
analyzing, and disseminating intelligence related to
weapons of mass destruction.
(B) Actions necessary to recruit, train, and retain
employees with such capabilities or backgrounds.
(C) Barriers to effective recruitment, training,
and retention of employees with such capabilities or
backgrounds, including security clearance processing,
and actions necessary to overcome such barriers.
(D) Specific objectives to be accomplished during
each year of the first 5-year period beginning on the
date that the strategy is submitted to the appropriate
committees of Congress and tasks to accomplish such
objectives, including--
(i) a list prioritizing such objectives and
tasks; and
(ii) a schedule for meeting such objectives
and carrying out such tasks.
(E) Assignments of roles and responsibilities to
elements of the intelligence community to carry out the
strategy.
(F) The personnel, financial, and other resources
necessary to implement the strategy, and a plan for
obtaining such resources.
(G) Metrics for measuring the effectiveness and
efficiency of the strategy.
(H) A schedule for assessment, review, and, as
appropriate, revision of the strategy.
(c) Requirement for Reports.--
(1) In general.--Not less frequently than once during each
180-day period after the date of the submission of the strategy
required by subsection (b)(1) to the appropriate committees of
Congress, the Director shall submit to the appropriate
committees of Congress a report on the implementation of such
strategy.
(2) Content.--Each report required by paragraph (1) shall
include the following:
(A) An assessment of whether the objectives
referred to in subsection (b)(2)(D) have been
accomplished in accordance with the proposed schedule.
(B) Data corresponding to the metrics required by
subsection (b)(2)(G) for measuring the effectiveness
and efficiency of the strategy.
(C) An assessment of the actions by the elements of
the intelligence community to implement the strategy.
(D) An assessment of whether the personnel,
financial, and other resources available are sufficient
to implement the strategy.
(E) A description of any revisions to, or plans to
revise, any component of the strategy.
(3) Sunset date.--The requirement set forth in paragraph
(1) shall terminate 5 years after the date of the submission of
the strategy required by subsection (b)(1) to the appropriate
committees of Congress.
SEC. 403. COUNTERTERRORISM TECHNOLOGY ASSESSMENTS.
(a) Agency Defined.--In this section, the term ``agency'' means any
department, agency, or instrumentality of the executive branch of the
Government.
(b) Requirement for Interdisciplinary Capability of the
Congressional Research Service.--
(1) In general.--The Director of the Congressional Research
Service shall establish an interdisciplinary capability to
further the Congressional Research Service's responsibilities
to advise Congress pursuant to section 203(d) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 166(d))
concerning technology or technological applications developed
or used for countering terrorism.
(2) Authorization of appropriations.--There is authorized
to be appropriated to implement this subsection the following
amounts:
(A) For fiscal year 2011, $1,500,000.
(B) For fiscal year 2012, $3,000,000.
(C) For fiscal year 2013, $4,500,000.
(D) For fiscal year 2014, $6,000,000.
(E) For fiscal year 2015 and for each fiscal year
thereafter, $7,500,000.
(c) Assessments of Available Technology.--
(1) Requirement for assessments.--Pursuant to section 717
of title 31, United States Code, the Comptroller General of the
United States shall conduct assessments of technology or
technological applications that are--
(A) being developed or used or are available to be
used for countering terrorism by a program or activity
that is carried out by an agency; or
(B) proposed to be developed or used or are
potentially available to be used pursuant to--
(i) a legislative proposal under
consideration by a committee of the Senate or
the House of Representatives; or
(ii) a recommendation submitted to Congress
by the President or an agency.
(2) Scope of assessment.--Each assessment of a technology
or technological application carried out under paragraph (1)
shall evaluate the actual or anticipated impact, effectiveness,
or efficiency of the technology or technological application
for countering terrorism, including evaluating--
(A) any test results related to the technology or
technological application;
(B) any alternatives to the technology or
technological application;
(C) the actual or anticipated operational
requirements of the technology or technological
application, including the logistical needs, personnel
training, and procedures for utilizing the technology
or technological application;
(D) the actual or anticipated costs, as compared to
the actual or anticipated benefits of the technology or
technological application;
(E) any actual or anticipated countermeasures to
the technology or technological application by
terrorists; and
(F) technology assessments or related reports
prepared by or for an agency for the technology or
technological application.
(3) Technology assessment capability.--
(A) Requirement to establish.--The Comptroller
General of the United States shall establish an
interdisciplinary capability to perform the assessments
required by paragraph (1) that includes officers and
employees who have expertise in science, engineering,
technology, homeland security, counterterrorism, or
other fields that the Comptroller General considers
appropriate to conduct such assessments.
(B) Appointment and procurement.--The Comptroller
General shall appoint, pay, and assign officers and
employees pursuant to subsection (a) of section 731 of
title 31, United States Code, and may procure the
services or assistance of experts and consultants
pursuant to subsection (e) of such section, in order to
acquire the expertise in science, technology, or other
fields necessary to conduct the assessments required by
paragraph (1).
(4) Authorization of appropriations.--There is authorized
to be appropriated to implement this subsection the following
amounts:
(A) For fiscal year 2011, $2,000,000.
(B) For fiscal year 2012, $5,000,000.
(C) For fiscal year 2013, $8,000,000.
(D) For fiscal year 2014, $12,000,000.
(E) For fiscal year 2015 and for each fiscal year
thereafter, $15,000,000.
(d) Assessments of Future Technology.--
(1) Requirement for assessments.--The Comptroller General
of the United States shall, as appropriate, enter into
arrangements with the National Academy of Sciences to assess
technology and technological applications that are being
developed or could be developed for purposes of countering
terrorism.
(2) Scope of assessments.--Each assessment carried out
under paragraph (1) shall include--
(A) determining trends related to the development
of technology or technological applications and their
implications for countering terrorism;
(B) identifying particular technology or
technological applications that potentially may become
available or are necessary for countering terrorism;
and
(C) recommending investments to be made by an
agency in the development of particular technology or
technological applications.
(3) Authorization of appropriations.--There is authorized
to be appropriated to implement this subsection the following
amounts:
(A) For fiscal year 2011, $1,000,000.
(B) For fiscal year 2012, $2,000,000.
(C) For fiscal year 2013, $3,000,000.
(D) For fiscal year 2014, $4,000,000.
(E) For fiscal year 2015 and for each fiscal year
thereafter, $5,000,000.
TITLE V--EMERGENCY MANAGEMENT AND CITIZEN ENGAGEMENT
SEC. 501. COMMUNICATION OF THREAT INFORMATION AND ALERTS.
(a) Finding.--Congress finds that 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.''.
(b) Terrorism Threat Awareness.--Section 203 of the Homeland
Security Act of 2002 (6 U.S.C. 124) is amended by adding at the end the
following:
``(c) Terrorism Threat Awareness.--
``(1) Terrorism threat awareness.--The Secretary, in
coordination with the Director of the Federal Bureau of
Investigation, shall ensure that information concerning
terrorist threats is available to the general public within the
United States.
``(2) Threat bulletins.--
``(A) In general.--Consistent with the requirements
of subsection (b), the Secretary shall on a timely
basis prepare unclassified terrorism-related threat and
risk assessments.
``(B) Requirements.--Each assessment required under
subparagraph (A) shall--
``(i) include guidance to the general
public for preventing and responding to acts of
terrorism; and
``(ii) be made available on the website of
the Department and other publicly accessible
websites, communication systems, and
information networks.
``(3) Guidance to state, local, and tribal governments.--
The Secretary shall provide to State, local, and tribal
governments written guidance on how to disseminate information
about terrorism-related threats and risks to the general public
within their jurisdictions.
``(4) Use of existing resources.--The Secretary shall use
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).''.
(c) 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 general public, in order
to assist in deterring, preventing, or responding to acts of terrorism
against the United States.''.
(d) Reporting Requirement.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the House of
Representatives a report on the implementation of section 203 of the
Homeland Security Act of 2002, as amended by subsection (b).
SEC. 502. GUIDELINES CONCERNING WEAPONS OF MASS DESTRUCTION.
(a) Establishment of Guidelines.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Homeland Security
shall--
(1) develop guidelines, in coordination with State, local,
and tribal governments and representatives of emergency
response provider organizations, for police, fire, emergency
medical services, emergency management, and public health
personnel, for responding to an explosion or release of
nuclear, biological, radiological, or chemical material; and
(2) make the guidelines developed under paragraph (1)
available to State, local, and tribal governments,
nongovernmental organizations, and the private sector.
(b) Contents.--The guidelines developed under subsection (a)(1)
shall contain, at a minimum--
(1) protective action guidelines for ensuring the health
and safety of emergency response providers;
(2) information regarding the effects of the biological,
chemical, or radiological agent on those exposed to the agent;
and
(3) information regarding how emergency response providers
and mass care facilities may most effectively deal with
individuals affected by an incident involving a nuclear,
biological, radiological, or chemical material.
(c) Review and Revision of Guidelines.--The Secretary of Homeland
Security shall--
(1) not less frequently than every 2 years, review the
guidelines developed under subsection (a)(1);
(2) make revisions to the guidelines as appropriate; and
(3) make the revised guidelines available to State, local,
and tribal governments, nongovernmental organizations, the
private sector, and the general public.
(d) Procedures for Developing and Revising Guidelines.--In carrying
out the requirements of this section, the Secretary of Homeland
Security shall establish procedures--
(1) to inventory any existing relevant hazardous material
response guidelines;
(2) to enable the public to submit recommendations of areas
for which guidelines could be developed under subsection
(a)(1);
(3) to determine which entities should be consulted in
developing or revising the guidelines;
(4) to prioritize, on a regular basis, guidelines that
should be developed or revised; and
(5) to develop and disseminate the guidelines in accordance
with the prioritization under paragraph (4).
(e) Consultations.--The Secretary of Homeland Security shall
develop and revise the guidelines developed under subsection (a)(1),
and the procedures required under subsection (d), in consultation
with--
(1) the Secretary of Energy;
(2) the Secretary of Health and Human Services;
(3) other Federal departments and agencies, as appropriate;
(4) the National Advisory Council established under section
508 of the Homeland Security Act of 2002 (6 U.S.C. 318);
(5) State, local, and tribal governments; and
(6) nongovernmental organizations and private industry.
(f) Reporting Requirements.--Not later than 180 days after the date
of enactment of this Act, 1 year after such date of enactment, and
annually thereafter, the Secretary of Homeland Security shall provide
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives with--
(1) a description of the procedures established under
subsection (d);
(2) any guidelines in effect on the date of the report;
(3) a list of entities that to which the guidelines
described in paragraph (2) were disseminated;
(4) a plan for reviewing the guidelines described in
paragraph (2), in accordance with subsection (e);
(5) the prioritized list of the guidelines required under
subsection (d)(4), and the methodology used by the Secretary of
Homeland Security for such prioritization; and
(6) a plan for developing, revising, and disseminating the
guidelines.
(g) Definition.--In this section, the term ``emergency response
provider'' has the meaning given that term in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101).
SEC. 503. INDIVIDUAL AND COMMUNITY PREPAREDNESS.
(a) Individual and Community Preparedness.--Title V of the Homeland
Security Act of 2002 (6 U.S.C. 311 et seq.), as amended by section 221,
is amended by adding at the end the following:
``SEC. 526. INDIVIDUAL AND COMMUNITY PREPAREDNESS.
``(a) In General.--The Administrator shall assist State, local, and
tribal governments in improving and promoting individual and community
preparedness for natural disasters, acts of terrorism, and other man-
made disasters, including incidents involving the use of weapons of
mass destruction and other potentially catastrophic events, by--
``(1) developing guidelines and checklists of recommended
actions for individual and community prevention and
preparedness efforts and disseminating such guidelines and
checklists to communities and individuals;
``(2) disseminating the guidelines developed under section
502 of the Weapons of Mass Destruction Prevention and
Preparedness Act of 2009 to communities and individuals, as
appropriate;
``(3) compiling and disseminating information on best
practices in individual and community preparedness;
``(4) providing information and training materials in
support of individual and community preparedness efforts;
``(5) conducting individual and community preparedness
outreach efforts; and
``(6) such other actions as the Administrator determines
appropriate.
``(b) Coordination.--Where appropriate, the Administrator shall
coordinate with private sector and nongovernmental organizations to
promote individual and community preparedness.
``(c) Support for Voluntary Programs.--In carrying out the
responsibilities described in subsection (a), the Administrator shall,
where appropriate, work with and provide support to individual and
community preparedness programs, such as the Community Emergency
Response Team Program, Fire Corps, Medical Reserve Corps Program,
Volunteers in Police Service, USAonWatch-Neighborhood Watch, and other
voluntary programs.
``(d) Director.--The Administrator shall appoint a Director of
Community Preparedness to coordinate and oversee the individual and
community preparedness efforts of the Agency.
``(e) Grants.--
``(1) In general.--The Administrator may make grants to
States to support individual and community preparedness
efforts, including through the Citizen Corps Program.
``(2) Appropriations.--There are authorized to be
appropriated for grants under this section--
``(A) $15,000,000 for fiscal year 2010;
``(B) $20,000,000 for fiscal year 2011;
``(C) $25,000,000 for fiscal year 2012;
``(D) $30,000,000 for fiscal year 2013;
``(E) $35,000,000 for fiscal year 2014; and
``(F) $40,000,000 for fiscal year 2015.''.
(b) Enhancing Preparedness.--Section 504(a) of the Homeland
Security Act of 2002 (6 U.S.C. 314(a)) is amended--
(1) by redesignating paragraphs (20) and (21) as paragraphs
(21) and (22), respectively; and
(2) by inserting after paragraph (19) the following:
``(20) enhancing and promoting the preparedness of
individuals and communities for natural disasters, acts of
terrorism, and other man-made disasters;''.
(c) Table of Contents.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), as amended by
section 221, is amended by inserting after the item relating to section
525 the following:
``Sec. 526. Individual and community preparedness.''.
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