[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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