[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2967 Reported in Senate (RS)]
<DOC>
Calendar No. 577
114th CONGRESS
2d Session
S. 2967
[Report No. 114-306]
To amend the Homeland Security Act of 2002 to require the Office of
Management and Budget to execute a national biodefense strategy, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23, 2016
Mr. Johnson (for himself and Mrs. Ernst) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
August 30, 2016
Reported under authority of the order of the Senate of July 14, 2016,
by Mr. Johnson, with amendments and an amendment to the title
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to require the Office of
Management and Budget to execute a national biodefense strategy, 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.
This Act may be cited as the ``National Biodefense Strategy Act of
2016''.
SEC. 2. BIODEFENSE STRATEGY.
(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. 526 527. NATIONAL BIODEFENSE STRATEGY.
``(a) Definitions.--In this section--
``(1) the term `biodefense' means any involvement in
mitigating the risks of major biological incidents and public
health emergencies to the United States, including with respect
to--
``(A) threat awareness;
``(B) prevention and protection;
``(C) surveillance and detection;
``(D) response and recovery; and
``(E) attribution of an intentional biological
incident;
<DELETED> ``(2) the term `biodefense enterprise' means the
programs, projects, activities, and resources across the
Federal Government that are involved in biodefense;</DELETED>
``(3)(2) the term `Council' means the Biodefense
Coordination Council established under subsection (b); and
``(3) the term `Federal biodefense enterprise' means the
programs, projects, activities, and resources across the
Federal Government that are involved in biodefense; and
``(4) the term `Strategy' means the National Biodefense
Strategy required to be established under subsection (b)(5).
``(b) Biodefense Coordination Council.--
``(1) Establishment.--The President shall establish a
Biodefense Coordination Council, which shall be comprised of,
at a minimum--
``(A) the Secretary of Health and Human Services;
``(B) the Secretary of Agriculture;
``(C) the Secretary of Defense;
``(D) the Secretary of Homeland Security;
``(E) the Secretary of State;
``(F) the Director of National Intelligence; and
``(G) the Administrator of the Environmental
Protection Agency.
``(2) Duties.--The Council shall--
``(A) provide the expertise necessary to develop
the Strategy; and
``(B) in coordination with the Office of Management
and Budget, review, prioritize, and align necessary
biodefense activities and spending across the Federal
Government, in a manner consistent with the Strategy.
``(3) Rotating chair.--During the 4-year period beginning
on the date on which the Council is established, and each 4-
year period thereafter, each of the 4 Secretaries described in
subparagraphs (A) through (D) of paragraph (1) shall serve as
the chairperson for the Council for 1 year. The first
chairperson of the Council shall be the Secretary of Health and
Human Services.
``(4) President's annual budget.--The recommendations of
the Council shall inform the budget submitted by the President
under section 1105 of title 31, United States Code, with
respect to biodefense activities.
``(5) Strategy.--The President shall develop a National
Biodefense Strategy to direct and align the inter-governmental
and multi-disciplinary efforts of the Federal Government
towards an effective and continuously improving biodefense
enterprise, including threat awareness, prevention and
protection, surveillance and detection, and response and
recovery to major biological incidents.
``(c) Coordination.--
``(1) Council.--In developing the Strategy, the President
shall utilize the Council.
``(2) Other agencies.--In developing the Strategy, the
President may utilize--
``(A) the Secretary of Commerce;
``(B) the Attorney General; and
``(C) any other Federal department or agency the
President determines appropriate, agency, or
interagency body the President determines appropriate,
including the Public Health Emergency Medical
Countermeasures Enterprise.
<DELETED> ``(3) Private sector entities.--The President may
receive input on elements of the Strategy from private sector
biodefense entities.</DELETED>
``(3) Other entities.--The President may receive input on
elements of the Strategy from private sector biodefense
entities and State, local, tribal, and territorial governments.
``(4) Academic institutions.--The President may receive
input on elements of the Strategy from academic institutions.
``(d) Coordination With Existing Strategies.--The Strategy shall
serve as a comprehensive guide for United States biodefense that
directs and harmonizes all other strategies or plans established or
maintained by a Federal department or agency with respect to
biodefense.
``(e) Contents.--
``(1) Requirements.--The Strategy shall include, at a
minimum--
``(A) a comprehensive description of the entities
and positions of leadership with responsibility,
authority, and accountability for implementing,
overseeing, and coordinating Federal biodefense
activities described in subsection (b)(5), including a
description of how such entities coordinate on each
aspect of biodefense;
<DELETED> ``(B) a review of current and previous
collaborative efforts between the Armed Forces and the
civilian sector of the Federal Government on biodefense
activities and coordination;</DELETED>
<DELETED> ``(C) a detailed analysis of the--
</DELETED>
<DELETED> ``(i) relevant recommendations
issued by external biodefense review panels or
commissions, and the extent to which the
recommendations have been considered and
implemented by Federal departments and
agencies;</DELETED>
<DELETED> ``(ii) lessons learned from the
response of the Federal Government to public
health emergencies occurring within the 5 years
preceding the submission of the
strategy;</DELETED>
<DELETED> ``(iii) risks associated with
major biological incidents;</DELETED>
<DELETED> ``(iv) resources and capabilities
needed to address identified risks;</DELETED>
<DELETED> ``(v) resource and capability gaps
in the biodefense enterprise, including gaps
in--</DELETED>
<DELETED> ``(I) each category of
biodefense activity described in
subsection (a)(1);</DELETED>
<DELETED> ``(II) identification and
research of emerging biological
threats;</DELETED>
<DELETED> ``(III) programs,
projects, and activities in effect
before the date of enactment of this
section;</DELETED>
<DELETED> ``(IV) strategies and
implementation plans related to
biodefense activities in effect before
the date of enactment of this
section;</DELETED>
<DELETED> ``(V) the ability to
reallocate Federal resources to address
risks posed by emerging biological
threats; and</DELETED>
<DELETED> ``(VI) meeting the needs
of vulnerable populations during the
response to and recovery from a public
health emergency; and</DELETED>
<DELETED> ``(vi) prioritization and
allocation of investment across the biodefense
enterprise;</DELETED>
``(D)(B) 5-year goals, priorities, and metrics to
improve and strengthen the ability of the Federal
Government to prevent, detect, respond to, and recover
from a major biological incident;
``(E)(C) short- and long-term research and
development projects or initiatives planned to improve
biodefense capability; and
``(F)(D) recommendations for legislative action
needed to expedite progression toward the goals
identified in the Strategy.
``(2) Considerations.--In developing the Strategy, the
President may consider--
``(A) the trade-offs made between differing goals
and requirements, due to constraints in expected assets
and resources over the time period of such goals and
requirements; and
``(B) any other analysis the President determines
appropriate.
``(3) Analysis.--The Strategy shall include an appendix,
which shall contain--
``(A) a review of current and previous
collaborative efforts between the Armed Forces and the
civilian sector of the Federal Government on biodefense
activities and coordination;
``(B) a detailed analysis of the--
``(i) relevant recommendations issued by
external biodefense review panels or
commissions, and the extent to which the
recommendations have been considered and
implemented by Federal departments and
agencies;
``(ii) lessons learned from the response of
the Federal Government to public health
emergencies occurring within the 5 years
preceding the submission of the strategy;
``(iii) risks associated with major
biological incidents;
``(iv) resources and capabilities needed to
address identified risks; and
``(v) resource and capability gaps in the
Federal biodefense enterprise, including gaps
in--
``(I) each category of biodefense
activity described in subsection
(a)(1);
``(II) identification and research
of emerging biological threats;
``(III) programs, projects, and
activities in effect before the date of
enactment of this section;
``(IV) strategies and
implementation plans related to
biodefense activities in effect before
the date of enactment of this section;
``(V) the ability to reallocate
Federal resources to address risks
posed by emerging biological threats;
and
``(VI) meeting the needs of
vulnerable populations during the
response to and recovery from a public
health emergency; and
``(C) prioritization and allocation of investment
across the Federal biodefense enterprise.
``(f) Deadline.--Not later than 24 months after the date of
enactment of this section and notwithstanding in accordance with
subsection (k), the President shall submit the Strategy to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives.
``(g) Status Updates.--Not later than 180 days after the date of
enactment of this section, and every 180 days thereafter until the date
on which the Strategy is submitted to the congressional committees
described in subsection (f), the President shall submit to such
congressional committees an update on the status of the Strategy.
``(h) Requirement.--Notwithstanding In accordance with subsection
(k), the Strategy shall be made available on a public Internet website.
``(i) Five-Year Update.--Beginning 5 years after the date on which
the Strategy is submitted to the congressional committees described in
subsection (f), and not less frequently than every 5 years thereafter,
the President shall update the Strategy.
``(j) Annual Biodefense Expenditures Report.--
``(1) In general.--Not later than 30 days after the date on
which the President submits a budget to Congress under section
1105 of title 31, United States Code, the President shall
submit to the appropriate congressional committees a report
detailing the total amount of expenditures on biodefense
activities by all Federal departments and agencies and how the
expenditures relate to the goals and priorities required under
subsection (e)(1)(B).
``(2) Requirement.--The first report submitted under
paragraph (1) shall provide historical context by detailing the
total amount of expenditures on biodefense for the 3 preceding
fiscal years, in addition to the fiscal year requirements for
the fiscal year covered by the report.
``(k) Classified Annex.--To the fullest extent possible, any
reports required to be made publicly available under this section shall
be unclassified, but may include classified annexes that shall be
submitted concurrently to the congressional homeland security
committees.''.
(b) Table of Contents.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by
inserting after the item relating to section 525 526 the following:
``Sec. 526527. National Biodefense Strategy.''.
Amend the title so as to read: ``A bill to amend the
Homeland Security Act of 2002 to require the President to
execute a national biodefense strategy, and for other
purposes.''.
Calendar No. 577
114th CONGRESS
2d Session
S. 2967
[Report No. 114-306]
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to require the Office of
Management and Budget to execute a national biodefense strategy, and
for other purposes.
_______________________________________________________________________
August 30, 2016
Reported with amendments and an amendment to the title