TITLE III-CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR COUNTERMEASURES SEC. 301. UNDER SECRETARY FOR CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR COUNTERMEASURES. In assisting the Secretary with the responsibilities specified in section 101(b)(2)(B), the primary responsibilities of the Under Secretary for Chemical, Biological, Radiological, and Nuclear Countermeasures shall include- (1) securing the people, infrastructures, property, resources, and systems in the United States from acts of terrorism involving chemical, biological, radiological, or nuclear weapons or other emerging threats; (2) conducting a national scientific research and development program to support the mission of the Department, including developing national policy for and coordinating the Federal government's civilian efforts to identify, devise, and implement scientific, technological, and other countermeasures to chemical, biological, radiological, nuclear, and other emerging terrorist threats, including directing, funding, and conducting research and development relating to the same; (3) establishing priorities for, directing, funding, and conducting national research, development, and procurement of technology and systems- (A) for preventing the importation of chemical, biological, radiological, nuclear, and related weapons and material; and (B) for detecting, preventing, protecting against, and responding to terrorist attacks that involve such weapons or material; and (4) establishing guidelines for State and local government efforts to develop and implement countermeasures to threats of chemical, biological, radiological, and nuclear terrorism, and other emerging terrorist threats.
[ Analysis ]SEC. 302. FUNCTIONS TRANSFERRED. In accordance with title VIII, there shall be transferred to the Secretary the functions, personnel, assets, and liabilities of the following entities- (1) the select agent registration enforcement programs and activities of the Department of Health and Human Services, including the functions of the Secretary of Health and Human Services relating thereto; (2) the following programs and activities of the Department of Energy, including the functions of the Secretary of Energy relating thereto (but not including programs and activities relating to the strategic nuclear defense posture of the United States): (A) the chemical and biological national security and supporting programs and activities of the non-proliferation and verification research and development program; (B) the nuclear smuggling programs and activities, and other programs and activities directly related to homeland security, within the proliferation detection program of the non- proliferation and verification research and development program: provided, That the programs and activities described in this subparagraph may be designated by the President either for transfer to the Department or for joint operation by the Secretary and the Secretary of Energy; (C) the nuclear assessment program and activities of the assessment, detection, and cooperation program of the international materials protection and cooperation program; (D) the energy security and assurance program and activities; (E) such life sciences activities of the biological and environmental research program related to microbial pathogens as may be designated by the President for transfer to the Department; (F) the Environmental Measurements Laboratory; and (G) the advanced scientific computing research program and activities, and the intelligence program and activities, at Lawrence Livermore National Laboratory; (3) the National Bio-Weapons Defense Analysis Center of the Department of Defense, including the functions of the Secretary of Defense related thereto; and (4) the Plum Island Animal Disease Center of the Department of Agriculture, including the functions of the Secretary of Agriculture relating thereto.
[ Analysis ]SEC. 303. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES. (a)(1) Except as the President may otherwise direct, the Secretary shall carry out his civilian human health-related biological, biomedical, and infectious disease defense research and development (including vaccine research and development) responsibilities through the Department of Health and Human Services (including the Public Health Service), under agreements with the Secretary of Health and Human Services, and may transfer funds to him in connection with such agreements. (2) With respect to any responsibilities carried out through the Department of Health and Human Services under this subsection, the Secretary, in consultation with the Secretary of Health and Human Services, shall have the authority to establish the research and development program, including the setting of priorities. (b) With respect to such other research and development responsibilities under this title, including health-related chemical, radiological, and nuclear defense research and development responsibilities, as he may elect to carry out through the Department of Health and Human Services (including the Public Health Service) (under agreements with the Secretary of Health and Human Services) or through other Federal agencies (under agreements with their respective heads), the Secretary may transfer funds to the Secretary of Health and Human Services, or to such heads, as the case may be.
[ Analysis ]SEC. 304. MILITARY ACTIVITIES. Except as specifically provided in this Act, nothing in this Act shall confer upon the Secretary any authority to engage in warfighting, the military defense of the United States, or other traditional military activities.
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