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.
[ Analysis ]