§1528 Congressional Notification of Biological Select Agent and Toxin Theft, Loss, or Release Involving the Department of Defense

Summary

The Secretary of Defense must tell the congressional defense committees when a biological select agent or toxin covered by federal reporting rules is stolen, lost, or released. The notice must be sent within 45 days after a covered report is filed with the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service. The Secretary acts through the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs. The Secretary must notify Congress about a release only if the Assistant Secretary decides the release went outside secondary containment into the air or environment or is causing worker exposure that threatens public safety. A "covered report" means a report filed under one of these rules: 7 C.F.R. §331.19, 9 C.F.R. §121.19, or 42 C.F.R. §73.19 (or their successors). The notice must include: (1) the agent or toxin name and identifying info (for example, strain), (2) an estimate of how much was stolen, lost, or released, (3) the location or facility, (4) for a release, the hazards and the number of people who might have been exposed, and (5) actions taken to respond.