SEC. 517. [6 U.S.C. 321F] NUCLEAR INCIDENT RESPONSE.

(a) In General.--At the direction of the Secretary (in

connection with an actual or threatened terrorist attack, major

disaster, or other emergency in the United States), the Nuclear

Incident Response Team shall operate as an organizational unit

of the Department. While so operating, the Nuclear Incident

Response Team shall be subject to the direction, authority, and

control of the Secretary.

(b) Rule of Construction.--Nothing in this title shall be

construed to limit the ordinary responsibility of the Secretary

of Energy and the Administrator of the Environmental Protection

Agency for organizing, training, equipping, and utilizing their

respective entities in the Nuclear Incident Response Team, or

(subject to the provisions of this title) from exercising

direction, authority, and control over them when they are not

operating as a unit of the Department.

SEC. 518. [6 U.S.C. 321G] CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED

ACTIVITIES.

(a) In General.--With respect to all public health-related

activities to improve State, local, and hospital preparedness

and response to chemical, biological, radiological, and nuclear

and other emerging terrorist threats carried out by the

Department of Health and Human Services (including the Public

Health Service), the Secretary of Health and Human Services

shall set priorities and preparedness goals and further develop

a coordinated strategy for such activities in collaboration

with the Secretary.

(b) Evaluation of Progress.--In carrying out subsection

(a), the Secretary of Health and Human Services shall

collaborate with the Secretary in developing specific

benchmarks and outcome measurements for evaluating progress

toward achieving the priorities and goals described in such

subsection.

SEC. 519. [6 U.S.C. 321H] USE OF NATIONAL PRIVATE SECTOR NETWORKS IN

EMERGENCY RESPONSE.

To the maximum extent practicable, the Secretary shall use

national private sector networks and infrastructure for

emergency response to chemical, biological, radiological,

nuclear, or explosive disasters, and other major disasters.

SEC. 520. [6 U.S.C. 321I] USE OF COMMERCIALLY AVAILABLE TECHNOLOGY,

GOODS, AND SERVICES.

It is the sense of Congress that--

(1) the Secretary should, to the maximum extent

possible, use off-the-shelf commercially developed

technologies to ensure that the Department's

information technology systems allow the Department to

collect, manage, share, analyze, and disseminate

information securely over multiple channels of

communication; and

(2) in order to further the policy of the United

States to avoid competing commercially with the private

sector, the Secretary should rely on commercial sources

to supply the goods and services needed by the

Department.

SEC. 521. [6 U.S.C. 321J] PROCUREMENT OF SECURITY COUNTERMEASURES FOR

STRATEGIC NATIONAL STOCKPILE.

(a) Authorization of Appropriations.--For the procurement

of security countermeasures under section 319F-2(c) of the

Public Health Service Act (referred to in this section as the

``security countermeasures program''), there is authorized to

be appropriated up to $5,593,000,000 for the fiscal years 2004

through 2013. Of the amounts appropriated under the preceding

sentence, not to exceed $3,418,000,000 may be obligated during

the fiscal years 2004 through 2008, of which not to exceed

$890,000,000 may be obligated during fiscal year 2004. None of

the funds made available under this subsection shall be used to

procure countermeasures to diagnose, mitigate, prevent, or

treat harm resulting from any naturally occurring infectious

disease or other public health threat that are not security

countermeasures under section 319F-2(c)(1)(B). \1\

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\1\ The last sentence in section 521(a) was added to reflect the

probable intent of Congress. Section 403(c) of Public Law 109-417 (120

Stat. 2874) provides as follows:

(c) Limitation on Use of Funds.--Section 510(a) of the Homeland

Security Act of 2002 (6 U.S.C. 320(a)) is amended by adding at the end

the following: ``None of the funds made available under this subsection

shall be used to procure countermeasures to diagnose, mitigate,

prevent, or treat harm resulting from any naturally occurring

infectious disease or other public health threat that are not security

countermeasures under section 319F-2(c)(1)(B).''.

Section 510 of the Homeland Security Act of 2002 was redesignated

as section 521 by section 611(7) of Public Law 109-295 (120 Stat.

1395).

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(b) Special Reserve Fund.--For purposes of the security

countermeasures program, the term ``special reserve fund''

means the ``Biodefense Countermeasures'' appropriations account

or any other appropriation made under subsection (a).

(c) Availability.--Amounts appropriated under subsection

(a) become available for a procurement under the security

countermeasures program only upon the approval by the President

of such availability for the procurement in accordance with

paragraph (6)(B) of such program.

(d) Related Authorizations of Appropriations.--

(1) Threat assessment capabilities.--For the

purpose of carrying out the responsibilities of the

Secretary for terror threat assessment under the

security countermeasures program, there are authorized

to be appropriated such sums as may be necessary for

each of the fiscal years 2004 through 2006, for the

hiring of professional personnel within the Office of

Intelligence and Analysis, who shall be analysts

responsible for chemical, biological, radiological, and

nuclear threat assessment (including but not limited to

analysis of chemical, biological, radiological, and

nuclear agents, the means by which such agents could be

weaponized or used in a terrorist attack, and the

capabilities, plans, and intentions of terrorists and

other non-state actors who may have or acquire such

agents). All such analysts shall meet the applicable

standards and qualifications for the performance of

intelligence activities promulgated by the Director of

Central Intelligence pursuant to section 104 of the

National Security Act of 1947.

(2) Intelligence sharing infrastructure.--For the

purpose of carrying out the acquisition and deployment

of secure facilities (including information technology

and physical infrastructure, whether mobile and

temporary, or permanent) sufficient to permit the

Secretary to receive, not later than 180 days after the

date of enactment of the Project BioShield Act of 2004,

all classified information and products to which the

Under Secretary for Intelligence and Analysis is

entitled under subtitle A of title II, there are

authorized to be appropriated such sums as may be

necessary for each of the fiscal years 2004 through

2006.

SEC. 522. [6 U.S.C. 321K] MODEL STANDARDS AND GUIDELINES FOR CRITICAL

INFRASTRUCTURE WORKERS.

(a) In General.--Not later than 12 months after the date of

enactment of the Implementing Recommendations of the 9/11

Commission Act of 2007, and in coordination with appropriate

national professional organizations, Federal, State, local, and

tribal government agencies, and private-sector and

nongovernmental entities, the Administrator shall establish

model standards and guidelines for credentialing critical

infrastructure workers that may be used by a State to

credential critical infrastructure workers that may respond to

a natural disaster, act of terrorism, or other man-made

disaster.

(b) Distribution and Assistance.--The Administrator shall

provide the standards developed under subsection (a), including

detailed written guidance, to State, local, and tribal

governments, and provide expertise and technical assistance to

aid such governments with credentialing critical infrastructure

workers that may respond to a natural disaster, act of

terrorism, or other manmade disaster.

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