[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4492 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4492
To establish an interagency forum for biodefense preparedness, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 16, 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, 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 establish an interagency forum for biodefense preparedness, 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 ``Biosecurity Information Optimization
for Defense Act of 2021''.
SEC. 2. NATIONAL BIODEFENSE STRATEGY.
Section 1086 of the National Defense Authorization Act for Fiscal
year 2017 (Public Law 114-328; 130 Stat. 2423; 6 U.S.C. 104), as
amended by section 1704 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1797; 6 U.S.C. 104), is
further amended to read as follows:
``SEC. 104. NATIONAL BIODEFENSE STRATEGY.
``(a) Interagency Forum for Biodefense Preparedness.--The President
shall establish a cabinet-level interagency forum to be known as the
`National Biodefense Directorate' (referred to in this section as the
`Directorate').
``(b) Duties of Directorate.--The Directorate shall develop--
``(1) a national biodefense strategy and associated
implementation plan; and
``(2) a national strategy with respect to countering the
spread of misinformation and disinformation relating to
biodefense and associated implementation plans.
``(c) Membership.--
``(1) In general.--The Directorate shall be composed from
governmental positions specified in paragraph (2).
``(2) Governmental positions.--Governmental positions
specified in this paragraph are the following:
``(A) The Secretary of Agriculture.
``(B) The Secretary of Defense.
``(C) The Secretary of Health and Human Services.
``(D) The Secretary of Homeland Security.
``(E) The Vice President.
``(F) Other officers of the United States
Government designated by the President.
``(3) Chairperson.--The Chairperson of the Directorate
shall be the Vice President, or in the absence of the Vice
President, the designee of the Vice President.
``(d) Meeting.--
``(1) Meetings.--The Directorate shall meet not less than
once every six months or at the call of the Chairperson.
``(2) Quorum.--A simple majority shall constitute a quorum.
``(e) Executive Secretary and Staff of Directorate.--
``(1) Executive secretary.--The Directorate shall have an
Executive Secretary who shall be--
``(A) appointed by the Chairperson; and
``(B) be an employee of the Office of the Vice
President.
``(2) Personnel.--
``(A) In general.--Subject to the rules prescribed
by the Directorate, the Executive Secretary may appoint
and fix the pay of personnel as the Executive Secretary
considers appropriate.
``(B) Applicability of civil service laws.--
Personnel appointed to the Directorate pursuant to
subparagraph (A) shall be subject to the provisions of
title 5, United States Code, governing appointments in
the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
``(3) Prohibition of compensation of federal employees.--
Except as provided in paragraph (4), members of the Directorate
who are full-time officers or employees of the United States
may not receive additional pay, allowances, or benefits by
reason of their service on the Directorate.
``(4) Travel expenses.--Each member of the Directorate
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
``(5) Staff of federal agencies.--The Secretary of Defense,
the Secretary of Health and Human Services, the Secretary of
Homeland Security, Secretary of Agriculture, and each officer
of the United States appointed to the Directorate pursuant to
subsection (c) shall detail, on a reimbursable basis, one staff
member of that department or agency to the Directorate to
assist it in carrying out its duties under this Act.
``(f) Administrative Support Services.--Upon the request of the
Directorate, the Administrator of General Services shall provide to the
Directorate, on a reimbursable basis, the administrative support
services necessary for the Directorate to carry out its
responsibilities under this Act.
``(g) Strategy and Implementation Plan Required.--
``(1) In general.--The Directorate shall jointly develop a
national biodefense strategy to be known as the `National
Biodefense Strategy' and associated implementation plan, which
shall--
``(A) include a review and assessment of biodefense
policies, practices, programs and initiatives;
``(B) base such review and assessment on methods
established by the Directorate for the collection and
analysis of data provided by Federal, State, and local
agencies; and
``(C) review and, as appropriate, revise the
strategy every 6 months.
``(2) Elements.--The strategy and associated implementation
plan required under subsection (a) shall include each of the
following:
``(A) An inventory and assessment of all existing
strategies, plans, policies, laws, and interagency
agreements related to biodefense, including prevention,
deterrence, preparedness, detection, response,
attribution, recovery, and mitigation.
``(B) A description of biological threats,
including biological warfare, bioterrorism, naturally
occurring infectious diseases, and accidental
exposures.
``(C) A description of the current programs,
efforts, or activities of the Federal Government with
respect to--
``(i) preventing the acquisition,
proliferation, and use of a biological weapon;
``(ii) preventing an accidental or
naturally occurring biological outbreak; and
``(iii) mitigating the effects of a
biological epidemic.
``(D) A description of the roles and
responsibilities of the Executive Agencies, including
internal and external coordination procedures, in
identifying and sharing information related to, warning
of, and protection against, acts of terrorism using
biological agents and weapons and accidental or
naturally occurring biological outbreaks.
``(E) An articulation of related or required
interagency capabilities and whole-of-Government
activities required to support the National Biodefense
Strategy.
``(F) An identification of challenges relating to
disease outbreak prediction and modeling.
``(G) An assessment relating to the need for a
National Infectious Disease Forecasting Center to--
``(i) advance the development and effective
application of Federal outbreak models,
predictions, and forecasts; and
``(ii) support the duties of the
Directorate pursuant to subsection (b).
``(H) Recommendations for--
``(i) strengthening and improving the
current biodefense capabilities, authorities,
and command structures of the Federal
Government;
``(ii) improving and formalizing
interagency coordination and support mechanisms
with respect to providing a robust national
biodefense; and
``(iii) predicting, modeling, preventing,
mitigating, and eliminating biological threats
that may impact the national security of the
United States.
``(I) Any other matters the Directorate may
determine necessary.
``(h) National Strategy Combating Biodefense Misinformation.--
``(1) In general.--The Directorate shall--
``(A) jointly develop a national strategy with
respect to combating public health misinformation and
disinformation that threatens the national security,
and associated implementation plan, including a review
and assessment of Federal government communications
policies, practices, programs and initiatives;
``(B) with respect to developing such strategy and
plan, engage stakeholders, including social media
companies, news media organizations, public health
practitioners, and members of the academic community;
and
``(C) review and, as appropriate, revise the
strategy every 6 months.
``(2) Elements.--The strategy and associated implementation
plan required under paragraph (1) shall include each of the
following:
``(A) An inventory and assessment of all existing
strategies, plans, policies, laws, and interagency
agreements with respect to Federal communications
relating to biodefense.
``(B) A description of the current programs,
efforts, or activities of the United States Government
with respect to countering the spread of misinformation
and disinformation relating to biological threats.
``(C) A description of the roles and
responsibilities of the Executive Agencies, including
internal and external coordination procedures, with
respect to--
``(i) communicating information relating to
biodefense; and
``(ii) countering the spread of
misinformation and disinformation relating to
biodefense.
``(D) An articulation of related or required
interagency capabilities and whole-of-Government
activities required to support the national strategy
for countering the spread of misinformation and
disinformation relating to biological threats.
``(E) Recommendations with respect to predicting,
preventing, mitigating, and eliminating the spread of
misinformation and disinformation relating to
biological threats that may impact the national
security of the United States.
``(F) Recommendations for improving and formalizing
interagency coordination and supporting processes with
respect to providing robust Federal communications
relating to biodefense.
``(G) Recommendations for public-private
partnerships between social media companies and Federal
agencies to counter the spread of misinformation and
disinformation relating to biological threats on social
media platforms.
``(H) Specific and practice-based strategies and
guidance with respect to Federal and State
communications relating to biological threats.
``(I) Any other matters the Directorate may
determine necessary.
``(i) Report.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section and annually thereafter, the
Directorate shall submit to the National Security Council and
appropriate congressional committees a report including the
strategy and associated implementation plans required by
subsections (f) and (g).
``(2) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
``(j) GAO Review.--
``(1) In general.--Not later than 180 days after the date
on which the report is submitted pursuant to subsection (i),
the Comptroller General of the United States shall complete a
review of such report.
``(2) Report.--Not later than 90 days after the date on
which the Comptroller General completes the report required
under paragraph (1), the Comptroller General shall submit to
the appropriate congressional committees a report that
includes--
``(A) the identification of gaps in such strategies
and plans; and
``(B) recommendations to address such gaps.
``(k) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
``(A) the congressional defense committees;
``(B) the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate;
``(C) the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
``(D) the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
``(2) Biodefense.--The term `biodefense' includes actions
to counter biological threats, reduce risks, and prepare for,
respond to, and recover from biological incidents.
``(3) Biological threat.--The term `biological threat'
includes biological warfare, bioterrorism, naturally occurring
infectious diseases, and accidental exposures.
``(4) Misinformation.--The term `misinformation' means
information that is materially incorrect in the context of
scientific information of the time.
``(5) Disinformation.--The term `disinformation' means
information that is intentionally materially incorrect in the
context of scientific information of the time.''.
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