IMPROVING CONTROL AND OVERSIGHT OF SELECT BIOLOGICAL AGENTS AND TOXINS.

SEC. 2311. IMPROVING CONTROL AND OVERSIGHT OF SELECT BIOLOGICAL AGENTS AND TOXINS. Section 351A of the Public Health Service Act (42 U.S.C. 262a) is amended—(1) in subsection (b)(1), by amending subparagraph (A) to read as follows:“(A) proper training, including with respect to notification requirements under this section, of—“(i) individuals who are involved in the handling and use of such agents and toxins, including appropriate skills to handle such agents and toxins; “(ii) individuals whose responsibilities routinely place them in close proximity to laboratory facilities in which such agents and toxins are being transferred, possessed, or used; and “(iii) individuals who perform administrative or oversight functions of the facility related to the transfer, possession, or use of such agents and toxins on behalf of registered persons;” ; (2) in subsection (e)(1), by striking “(including the risk of use in domestic or international terrorism)” and inserting “(including risks posed by the release, theft, or loss of such agent or toxin, or use in domestic or international terrorism)”; (3) in subsection (k)—136 STAT. 5760(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (B) by inserting before paragraph (2), as so redesignated, the following:“(1) Notification with respect to federal facilities.—In the event of the release, loss, or theft of an agent or toxin listed by the Secretary pursuant to subsection (a)(1), or by the Secretary of Agriculture pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002, from or within a laboratory facility owned or operated by the Department of Health and Human Services, or other Federal laboratory facility subject to the requirements of this section, the Secretary, in a manner that does not compromise national security, shall—“(A) not later than 72 hours after such event is reported to the Secretary, notify the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives of such event, including—“(i) the Federal laboratory facility in which such release, loss, or theft occurred; and “(ii) the circumstances of such release, loss, or theft; and “(B) not later than 14 days after such notification, update such Committees on—“(i) any actions taken or planned by the Secretary to mitigate any potential threat such release, loss, or theft may pose to public health and safety; and “(ii) any actions taken or planned by the Secretary to review the circumstances of such release, loss, or theft, and prevent similar events.” ; and (C) by amending paragraph (2), as so redesignated, to read as follows:“(2) Annual report.—The Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on an annual basis a report—“(A) summarizing the number and nature of notifications received under subsection (e)(8) (relating to theft or loss) and subsection (j) (relating to releases), during the preceding fiscal year; “(B) describing actions taken by the Secretary to address such incidents, such as any corrective action plans required and steps taken to promote adherence to, and compliance with, safety and security best practices, standards, and regulations; and “(C) describing any gaps, challenges, or limitations with respect to ensuring that such safety and security practices are consistently applied and adhered to, and actions taken to address such gaps, challenges, or limitations.” ; and (4) in subsection (m), by striking “fiscal years 2002 through 2007” and inserting “fiscal years 2023 through 2027”.136 STAT. 5761