[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5406 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5406

   To require the development of a plan for the establishment of an 
    interagency biodefense task force on the attribution of certain 
               biological events, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2021

 Mr. Swalwell introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
Armed Services, Homeland Security, Natural Resources, Foreign Affairs, 
 Financial Services, Ways and Means, Veterans' Affairs, the Judiciary, 
 Intelligence (Permanent Select), and Agriculture, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To require the development of a plan for the establishment of an 
    interagency biodefense task force on the attribution of certain 
               biological events, 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 ``Biological Intelligence Organization 
and Attribution Act''.

SEC. 2. PLAN FOR ESTABLISHMENT OF INTERAGENCY BIODEFENSE TASK FORCE ON 
              BIOLOGICAL ATTRIBUTION.

    (a) Plan Required.--Not later than 180 days after the date of the 
enactment of this Act, the officials described in subsection (e) shall 
jointly develop a plan for the establishment of an interagency 
biodefense task force to support and inform decision making based on 
biological attribution.
    (b) Elements.--The plan developed under subsection (a) shall 
include the following:
            (1) A description of the biological attribution duties of 
        the task force, including an identification of the following:
                    (A) The extent and nature of involvement, if any, 
                of the task force (or the member agencies of the task 
                force) in the collection, analysis, or distribution of 
                intelligence, or other information, relevant to the 
                attribution of biological events, including any 
                interagency coordination functions related to such 
                collection, analysis, or distribution.
                    (B) The level and type of biological events that 
                may trigger an attribution determination by the task 
                force (or the member agencies of the task force) 
                regarding the source, cause, or origin of the event.
                    (C) The process of the task force for making an 
                attribution determination as specified in subparagraph 
                (B).
                    (D) In making such an attribution determination, 
                the extent to which the task force shall--
                            (i) ensure the accuracy, reliability, 
                        timeliness, credibility, and defensibility of 
                        such intelligence, information, and evidence, 
                        including by meeting applicable evidentiary 
                        standards; and
                            (ii) address national security 
                        considerations.
                    (E) The reporting structure for the task force 
                following such a determination, including the reporting 
                structure if the task force has determined the source, 
                cause, or origin of a biological event to be an act of 
                biological warfare or bioterrorism.
                    (F) The extent and nature of involvement of the 
                task force in national security decision making 
                following such a determination, including a description 
                of how the task force shall support and inform the 
                decision making.
                    (G) Any other coordination functions to be carried 
                out by the task force, including--
                            (i) functions relating to intelligence and 
                        information sharing with agencies other than 
                        member agencies with responsibilities for 
                        biodefense; and
                            (ii) the conduct of coordinated exercises 
                        relating to biological attribution 
                        determinations, decision making following such 
                        determinations, and ensuring that such 
                        decisions are defensible.
            (2) A description of the specific roles of each member 
        agency of the task force in carrying out the duties under 
        paragraph (2).
            (3) A description of any additional authorities or 
        resources that may be necessary for the task force to carry out 
        such duties.
            (4) A description of how the national biodefense strategy 
        and implementation plan under section 1086 of the National 
        Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 104), 
        including any updates to such plan made pursuant to section 364 
        of the William M. (Mac) Thornberry National Defense 
        Authorization Act for Fiscal Year 2021 (6 U.S.C. 106), may 
        require revision or further update in consideration of the 
        establishment, and subsequent performance of duties, of the 
        task force.
            (5) A description of how the task force may, or shall, 
        contribute to the biennial review of such strategy and the 
        further update of such implementation plan.
    (c) Submission to Congress.--Not later than 180 days after the date 
of the enactment of this Act, the officials described in subsection (e) 
shall submit to the appropriate congressional committees the plan 
required under subsection (a).
    (d) Establishment.--Not later than 90 days after the date of the 
submission of the plan pursuant to subsection (c), the officials 
described in subsection (e) shall establish the interagency biodefense 
task force in accordance with such plan.
    (e) Covered Officials.--The officials described in this subsection 
are the following:
            (1) The Secretary of Agriculture.
            (2) The Secretary of Defense.
            (3) The Secretary of Energy.
            (4) The Secretary of Health and Human Services.
            (5) The Secretary of Homeland Security,
            (6) The Secretary of the Interior.
            (7) The Secretary of State.
            (8) The Secretary of Treasury.
            (9) The Secretary of Veterans Affairs.
            (10) The Attorney General.
            (11) The Director of National Intelligence.
            (12) The Director of the Central Intelligence Agency.
    (f) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Health, Education, Labor, and Pensions, the Committee on 
        Homeland Security and Governmental Services, and the Select 
        Committee on Intelligence of the Senate; and
            (2) the Committee on Armed Services, the Committee on 
        Energy and Commerce, the Committee on Homeland Security, and 
        the Permanent Select Committee on Intelligence of the House of 
        Representatives.
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