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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.

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.

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.

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.