(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.