II

107TH CONGRESS

1ST SESSION S. 1486

To ensure that the United States is prepared for an attack using biological

or chemical weapons.

IN THE SENATE OF THE UNITED STATES

OCTOBER 3, 2001

Mr. EDWARDS (for himself and Mr. HAGEL) introduced the following bill;

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To ensure that the United States is prepared for an attack

using biological or chemical weapons.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Biological and Chem5 ical Weapons Preparedness Act of 2001’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress makes the following find8 ings:
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1 (1) Terrorists may threaten to use, or attempt

2 to use, a biological of chemical weapon against the

3 United States.

4 (2) With respect to bioterrorism, State and

5 local first-responder, public health, and medical com6 munities stand directly on the front lines. How well

7 the United States responds to such a threat or at8 tack will depend on the preparedness of State and

9 local communities.

10 (3) State and local first-responder units (law

11 enforcement, fire, emergency transport, emergency

12 management, and medical or allied health profes13 sionals) lack the basic training and equipment need14 ed to effectively counter the bioterrorism threats

15 faced by the United States.

16 (4) There continues to be insufficient capital

17 funding by private and public sources of hospitals,

18 laboratories, clinics, information networks, and other

19 necessary elements to ensure the provision of public

20 health services in the event of a bioterrorism attack.

21 (5) The terrorism threat extends well beyond

22 traditional methods of attack. Common, everyday

23 agricultural products such as foods, fertilizers, pes24 ticides and even certain animals can be transformed

25 into devastating weapons that threaten economic
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1 well-being as well as public health. The ability of the

2 United States to diagnose, contain, and treat plant

3 and animal diseases is hampered by a lack of coordi4 nation, training, and testing facilities.

5 (6) The common good of resisting bioterrorism

6 through immediate first response and a solid medical

7 and public health infrastructure depends upon a sus8 tained, consistent Federal, State, and local focus

9 and resource commitment.

10 (b) PURPOSE.—The purpose of this Act is—

11 (1) to encourage and promote State and local

12 community first-responder efforts to prepare for,

13 and respond to, a biological or chemical attack;

14 (2) to strengthen State and local medical and

15 public health infrastructures through a skilled pro16 fessional workforce, robust medical and disease sur17 veillance information and data systems, and strong

18 health departments, laboratories, and hospital emer19 gency medical facilities; and

20 (3) to develop and expand agricultural and

21 farm community readiness for a biological or chem22 ical attack involving plants, animals, or other food

23 commodities through coordination, training, and ex24 panded access to disease testing.
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1 SEC. 3. STATE AND LOCAL PUBLIC HEALTH INFRASTRUC2 TURE

3 The Public Health Service Act (42 U.S.C. 201 et

4 seq.) is amended by adding at the end the following:

5 ‘‘TITLE XXVIII—PREPARING FOR

6 AND RESPONDING TO BIO7 TERRORISM

8 ‘‘Subtitle A—National Biological or

9 Chemical Terrorism Prepared10 ness Goals

11 ‘‘SEC. 2801. PURPOSE.

12 ‘‘The purpose of this subtitle is to establish National

13 Biological or Chemical Terrorism Preparedness Goals.

14 ‘‘SEC. 2802. NATIONAL BIOLOGICAL OR CHEMICAL TER15 RORISM PREPAREDNESS GOALS.

16 ‘‘The Congress declares that the National Biological

17 or Chemical Terrorism Preparedness Goals (referred to in

18 this title as the ‘Preparedness Goals’) are the following:

19 ‘‘(1) FIRST RESPONDERS.—By the year 2010,

20 each first-responder (including law enforcement, fire,

21 rescue, emergency medical services, emergency man22 agement, medical, and allied health professionals)

23 will have adequate capacity, including coordination

24 with other public and private stakeholders, response

25 training, resources, technology, and workforce, nec-
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1 essary to effectively prepare for, and respond to, a

2 biological or chemical terrorist attack.

3 ‘‘(2) PUBLIC HEALTH DEPARTMENTS.—By the

4 year 2010, each public health department will have

5 adequate capacity, including coordination with other

6 public and private stakeholders, response training,

7 resources, technology, and workforce, necessary to

8 effectively prepare for, and respond to, a biological

9 or chemical terrorist attack.

10 ‘‘(3) DISEASE SURVEILLANCE.—By the year

11 2010, each State and local government will partici12 pate in, and have uninterrupted access to, sophisti13 cated, electronic disease surveillance, interoperable

14 networks and data protocols, information exchange,

15 and immediate access to medical data, treatment

16 guidelines, and health alerts.

17 ‘‘(4) LABORATORY READINESS.—By the year

18 2010, Federal, State, local, and public and private

19 stakeholders will collectively ensure laboratory readi20 ness for a biological or chemical attack, including

21 the development of a nationwide laboratory response

22 system, response training, capacity building, and co23 ordination assistance.

24 ‘‘(5) EMERGENCY ROOMS.—By the year 2010,

25 local emergency rooms will have adequate capacity,
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1 including coordination with other public and private

2 stakeholders, response training, resources, tech3 nology, workforce, surge capacity, biocontainment,

4 and decontamination capabilities necessary to effec5 tively prepare for, and respond to, a biological or

6 chemical terrorist attack.

7 ‘‘(6) AGRICULTURAL BIOLOGICAL OR CHEMICAL

8 ATTACKS.—By the year 2010, each State and local

9 government will have adequate capacity, including

10 coordination with other public and private stake11 holders, response training, resources, technology,

12 and workforce, necessary to effectively prepare for,

13 and respond to, an agricultural biological or chem14 ical terrorist attack.

15 ‘‘(7) HEALTH CARE AND PUBLIC HEALTH

16 WORKFORCE.—By the year 2010, Federal, State,

17 and local stakeholders will collectively ensure health

18 care workforce readiness for a biological or chemical

19 attack, including efforts to expand and strengthen

20 the health care and public health workforce in key

21 biopreparedness priority workforce areas as needed

22 in an emergency.

23 ‘‘SEC. 2803. DUTIES AND AUTHORITY OF THE SECRETARY.

24 ‘‘(a) PLAN.—Not later than 1 year after the date of

25 enactment of this title, the Secretary, in consultation with
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1 public and private health care and health infrastructure

2 entities, shall develop a coordinated plan to achieve the

3 Preparedness Goals. Such plan shall include the develop4 ment of specific benchmarks and outcome measures that

5 are necessary to evaluate the national, State, and local

6 progress towards achieving each such Goals.

7 ‘‘(b) AUTHORITY.—The Secretary shall carry out the

8 activities described in section 2802, and any additional ac9 tivities determined appropriate by the Secretary to achieve

10 the Preparedness Goals.

11 ‘‘(c) ANNUAL REPORTS.—

12 ‘‘(1) IN GENERAL.—Not later than 1 year after

13 the date of enactment of this title, and annually

14 thereafter, the Secretary shall prepare and submit to

15 the Committee on Health, Education, Labor, and

16 Pensions of the Senate and the Committee on Com17 merce of the House of Representatives, a report con18 cerning the progress made, on the national, State,

19 and local levels, toward achieving each of the Pre20 paredness Goals.

21 ‘‘(2) ADDITIONAL AUTHORITY.—If the Sec22 retary determines that additional legislative author23 ity is needed to meet the Preparedness Goals by the

24 year 2010, the Secretary shall make recommenda-
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1 tions for such authority in the annual report sub2 mitted under paragraph (1).

3 ‘‘SEC. 2804. CONSULTATION AND COORDINATION.

4 ‘‘The Secretary shall consult with the heads of other

5 Federal agencies and with State and local entities, to co6 ordinate programs, activities, and efforts to achieve the

7 Preparedness Goals, including activities under this title,

8 under the amendments made by the Public Health

9 Threats and Emergencies Act (sections 319 through 319G

10 of this Act), and under other laws.

11 ‘‘Subtitle B—National Biological or

12 Chemical Terrorism Prepared13 ness Block Grants

14 ‘‘SEC. 2811. AUTHORIZATION OF APPROPRIATIONS.

15 ‘‘For the purpose of making allotments under section

16 2812, there are authorized to be appropriated the fol17 lowing amounts:

18 ‘‘(1) For allotments under section 2812(a)(1),

19 $55,000,000 for fiscal year 2002, and such sums as

20 may be necessary for each of fiscal years 2003

21 through 2006.

22 ‘‘(2) For allotments under section 2812(a)(2),

23 $55,000,000 for fiscal year 2002, and such sums as

24 may be necessary for each of fiscal years 2003

25 through 2006.
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1 ‘‘(3) For allotments under section 2812(a)(3),

2 $100,000,000 for fiscal year 2002, and such sums

3 as may be necessary for each of fiscal years 2003

4 through 2006.

5 ‘‘(4) For allotments under section 2812(a)(4),

6 $50,000,000 for fiscal year 2002, and such sums as

7 may be necessary for each of fiscal years 2003

8 through 2006.

9 ‘‘(5) For allotments under section 2812(a)(5),

10 $100,000,000 for fiscal year 2002, and such sums

11 as may be necessary for each of fiscal years 2003

12 through 2006.

13 ‘‘(6) For allotments under section 2812(a)(6),

14 $100,000,000 for fiscal year 2002, and such sums

15 as may be necessary for each of fiscal years 2003

16 through 2006.

17 ‘‘(7) For allotments under section 2812(a)(7),

18 $95,000,000 for fiscal year 2002, and such sums as

19 may be necessary for each of fiscal years 2003

20 through 2006.

21 ‘‘SEC. 2812. ALLOTMENTS.

22 ‘‘(a) ALLOTMENT CATEGORIES.—From the amount

23 appropriated under section 2811 for any fiscal year, the

24 Secretary shall make an allotment to each State in one

25 or more of the following categories:
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1 ‘‘(1) STATE AND LOCAL FIRST RESPONDERS.—

2 Allotments to improve the planning and training ac3 tivities of State and local first responders under sec4 tion 2814(a)(1).

5 ‘‘(2) STATE AND LOCAL HEALTH AGENCY PLAN6 NING AND TRAINING.—Allotments to carry out State

7 and local health agency planning and training activi8 ties under section 2814(a)(2).

9 ‘‘(3) STATE AND LOCAL DISEASE SURVEIL10 LANCE AND INFORMATION.—Allotments to improve

11 State and local efforts to develop disease surveil12 lance, data, and information under section

13 2814(a)(3).

14 ‘‘(4) LABORATORY READINESS.—Allotments to

15 carry out activities to improve laboratory readiness

16 under section 2814(a)(4).

17 ‘‘(5) HOSPITAL PREPAREDNESS.—Allotments to

18 carry out activities to improve hospital preparedness

19 under section 2814(a)(5).

20 ‘‘(6) DETECTION AND RESPONSE.—Allotments

21 to carry out activities to improve the ability of State

22 and local communities to detect and respond to bio23 logical or chemical agents under section 2814(a)(6).
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1 ‘‘(7) HEALTH CARE WORKFORCE.—Allotments

2 to carry out activities to strengthen the health care

3 workforce under section 2814(a)(7).

4 ‘‘(b) FORMULA.—From the amount appropriated

5 under each of paragraphs (1) through (7) of section 2811

6 for any fiscal year for allotments under any of the cat7 egories described in subsection (a), the Secretary shall

8 make allotments to each State on the basis of the popu9 lation of the State.

10 ‘‘(c) USE OF AVAILABLE FUNDS.—To the extent that

11 all the funds appropriated under any of paragraphs (1)

12 through (7) of section 2811 for a fiscal year and available

13 for allotment in such fiscal year are not otherwise allotted

14 to States because—

15 ‘‘(1) one or more States have not submitted an

16 application or description of activities in accordance

17 with section 2815 with respect to one or more of the

18 categories described in subsection (a) for the fiscal

19 year;

20 ‘‘(2) one or more States have notified the Sec21 retary that they do not intend to use the full amount

22 of their allotment under any such category; or

23 ‘‘(3) some State allotments are offset or repaid

24 under section 2816(b)(3);
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1 such excess shall be allotted among each of the remaining

2 States in proportion to the amount otherwise allotted to

3 such States for the fiscal year without regard to this sub4 section.

5 ‘‘(d) INDIAN TRIBES.—

6 ‘‘(1) IN GENERAL.—If the Secretary—

7 ‘‘(A) receives a request from the governing

8 body of an Indian tribe or tribal organization

9 within any State that funds under this subtitle

10 be provided directly by the Secretary to such

11 tribe or organization; and

12 ‘‘(B) determines that the members of such

13 tribe or tribal organization would be better

14 served by means of grants made directly by the

15 Secretary under this subtitle;

16 the Secretary shall reserve from amounts which

17 would otherwise be allotted to such State under any

18 of the categories described in subsection (a) for the

19 fiscal year the amount determined under paragraph

20 (2).

21 ‘‘(2) AMOUNT.—The Secretary shall reserve for

22 the purpose of paragraph (1) from amounts that

23 would otherwise be allotted to such State under any

24 of the categories described in subsection (a) an

25 amount equal to the amount which bears the same
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1 ratio to the State’s allotment for the fiscal year in2 volved as the population of the Indian tribe or the

3 individuals represented by the tribal organization

4 bears to the total population of the State.

5 ‘‘(3) GRANT.—The amount reserved by the Sec6 retary on the basis of a determination under this

7 subsection shall be granted to the Indian tribe or

8 tribal organization serving the individuals for whom

9 such a determination has been made.

10 ‘‘(4) PLAN.—In order for an Indian tribe or

11 tribal organization to be eligible for a grant for a fis12 cal year under this subsection, it shall submit to the

13 Secretary a plan for such fiscal year which meets

14 such criteria as the Secretary may prescribe.

15 ‘‘(5) DEFINITIONS.—In this subsection, the

16 terms ‘Indian tribe’ and ‘tribal organization’ have

17 the same meaning given such terms in section 4(b)

18 and section 4(c) of the Indian Self-Determination

19 and Education Assistance Act.

20 ‘‘SEC. 2813. PAYMENTS UNDER ALLOTMENTS TO STATES.

21 ‘‘(a) PAYMENTS.—

22 ‘‘(1) IN GENERAL.—For each fiscal year, the

23 Secretary shall make payments, as provided for by

24 section 203 of the Intergovernmental Cooperation

25 Act of 1968 (42 U.S.C. 4213), to each State from
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1 its allotment under section 2812 (other than any

2 amount reserved under section 2812(d)) from

3 amounts appropriated for that fiscal year.

4 ‘‘(2) AVAILABILITY OF FUNDS.—Any amount

5 paid to a State for a fiscal year under paragraph (1)

6 and remaining unobligated at the end of such year

7 shall remain available for the next fiscal year to such

8 State for the purposes for which it was made.

9 ‘‘(b) REDUCTION IN PAYMENTS.—The Secretary, at

10 the request of a State, may reduce the amount of pay11 ments under subsection (a) by—

12 ‘‘(1) the fair market value of any supplies or

13 equipment furnished the State; and

14 ‘‘(2) the amount of the pay, allowances, and

15 travel expenses of any officer or employee of the

16 Federal Government when detailed to the State and

17 the amount of any other costs incurred in connection

18 with the detail of such officer or employee;

19 when the furnishing of supplies or equipment or the detail

20 of an officer or employee is for the convenience of and

21 at the request of the State and for the purpose of con22 ducting activities described in section 2814. The amount

23 by which any payment is so reduced shall be available for

24 payment by the Secretary of the costs incurred in fur25 nishing the supplies or equipment or in detailing the per-
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1 sonnel, on which the reduction of the payment is based,

2 and the amount shall be deemed to be part of the payment

3 and shall be deemed to have been paid to the State.

4 ‘‘SEC. 2814. USE OF ALLOTMENTS.

5 ‘‘(a) IN GENERAL.—Except as provided in sub6 sections (b) and (c), payments made to a State under sec7 tion 2813 may be used for the following:

8 ‘‘(1) STATE AND LOCAL FIRST RESPONDERS.—

9 With respect to payments relating to an allotment

10 described in section 2812(a)(1), to improve the abil11 ity of State and local first responders and emergency

12 managers to develop planning, training, and re13 sources in preparation for a bioterrorist attack, and

14 to monitor, coordinate, contain, and respond effec15 tively to the effects of a bioterrorist attack.

16 ‘‘(2) STATE AND LOCAL HEALTH AGENCY PLAN17 NING AND TRAINING.—With respect to payments re18 lating to an allotment described in section

19 2812(a)(2), to improve the ability of State and local

20 health agencies to develop planning, training, and

21 resources in preparation for a bioterrorist attack,

22 and to monitor, coordinate, contain, and respond ef23 fectively to the effects of a bioterrorist attack.

24 ‘‘(3) STATE AND LOCAL DISEASE SURVEIL25 LANCE AND INFORMATION.—With respect to pay-
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1 ments relating to an allotment described in section

2 2812(a)(3), to supporting State and local efforts to

3 develop sophisticated, electronic disease surveillance

4 systems, establish interoperable networks and data

5 protocols, promote information exchange, and ensure

6 immediate access to medical data, treatment guide7 lines, and health alerts.

8 ‘‘(4) LABORATORY READINESS.—With respect

9 to payments relating to an allotment described in

10 section 2812(a)(4), to improve laboratory readiness,

11 including the development of a collaborative nation12 wide laboratory system, response training, capacity

13 building, and coordination assistance in order to ef14 fectively respond to a bioterrorist attack.

15 ‘‘(5) HOSPITAL PREPAREDNESS.—With respect

16 to payments relating to an allotment described in

17 section 2812(a)(5), to strengthen hospital prepared18 ness, including bioterrorist response training and co19 ordination, specialized equipment, efforts to increase

20 emergency room and intensive care unit surge capac21 ity, and efforts to facilitate hazardous materials de22 contamination and biocontainment.

23 ‘‘(6) DETECTION AND RESPONSE.—With re24 spect to payments relating to an allotment described

25 in section 2812(a)(6), to improve the ability of State
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1 and local communities to rapidly detect and respond

2 to unwanted biological or chemical agents that affect

3 plants or animals that threaten public safety or un4 dermine confidence in the food supply.

5 ‘‘(7) HEALTH CARE WORKFORCE.—With re6 spect to payments relating to an allotment described

7 in section 2812(a)(7), to strengthen the health care

8 workforce involved in emergency response, including

9 efforts to expand the workforce in key bioprepared10 ness priority areas (as designated by the Secretary).

11 ‘‘(b) PROHIBITED USES.—A State may not use

12 amounts paid to it under section 2813 to—

13 ‘‘(1) provide inpatient services;

14 ‘‘(2) make cash payments to intended recipients

15 of health services;

16 ‘‘(3) purchase or improve land, purchase, con17 struct, or permanently improve (other than minor

18 remodeling) any building or other facility, or pur19 chase major medical equipment; or

20 ‘‘(4) satisfy any requirement for the expendi21 ture of non-Federal funds as a condition for the re22 ceipt of Federal funds.

23 The Secretary may waive the limitation contained in para24 graph (3) upon the request of a State if the Secretary

25 finds that there are extraordinary circumstances to justify
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1 the waiver and that granting the waiver will assist in car2 rying out this subtitle.

3 ‘‘(c) TRANSFER OF FUNDS.—

4 ‘‘(1) IN GENERAL.—A State may transfer not

5 more than 10 percent of the amount allotted to the

6 State under any of the categories described in sec7 tion 2812(a) for any fiscal year for use by the State

8 under any other of such categories in accordance

9 with paragraph (2).

10 ‘‘(2) REQUIREMENT.—At any time in the first

11 three quarters of the fiscal year a State, under para12 graph (1) may transfer not more than 3 percent of

13 the allotment of the State for the fiscal year for

14 such use, and in the last quarter of a fiscal year a

15 State may transfer for such use not more than the

16 remainder of the amount of its allotment which may

17 be transferred.

18 ‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Of

19 the amount paid to any State under section 2813, not

20 more than 5 percent may be used for administering the

21 funds made available under such section. The State will

22 pay from non-Federal sources the remaining costs of ad23 ministering such funds.
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1 ‘‘SEC. 2815. APPLICATION FOR PAYMENTS; STATE PLAN.

2 ‘‘(a) IN GENERAL.—The Secretary may make pay3 ments under section 2813 to a State for a fiscal year only

4 if—

5 ‘‘(1) the State submits to the Secretary an ap6 plication for the payments;

7 ‘‘(2) the application contains a State plan in ac8 cordance with subsection (b);

9 ‘‘(3) the application contains the certification

10 described in subsection (c);

11 ‘‘(4) the application contains such assurances

12 as the Secretary may require regarding the compli13 ance of the State with the requirements of this sub14 title (including assurances regarding compliance

15 with the agreements described in subsection (c));

16 and

17 ‘‘(5) the application is in such form and is sub18 mitted by such date as the Secretary may require.

19 ‘‘(b) STATE PLAN.—A State plan required in sub20 section (a)(2) for a fiscal year is in accordance with this

21 subsection if the plan meets the following conditions:

22 ‘‘(1) The plan is developed by the State agency

23 with principal responsibility for public health pro24 grams, in consultation with the advisory committee

25 established pursuant to subsection (c)(2).
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1 ‘‘(2) The plan specifies the activities authorized

2 in section 2814 that are to be carried out with pay3 ments made to the State under section 2813.

4 ‘‘(3) The plan contains a strategy for expending

5 such payments to carry out activities under section

6 2814 which includes—

7 ‘‘(A) a description of the programs,

8 projects, and activities to be carried out; and

9 ‘‘(B) an estimate of the number of public

10 health personnel needed to carry out the strat11 egy.

12 ‘‘(4) The plan specifies the amount of such pay13 ments to be expended for each of such activities.

14 ‘‘(c) STATE CERTIFICATION.—The certification re15 ferred to in subsection (a)(3) for a fiscal year is a certifi16 cation to the Secretary by the chief executive officer of

17 the State involved as follows:

18 ‘‘(1)(A) In the development of the State plan

19 required in subsection (a)(2)—

20 ‘‘(i) the chief health officer of the State

21 held public hearings on the plan; and

22 ‘‘(ii) proposals for the plan were made

23 public in a manner that facilitated comments

24 from public and private entities (including Fed25 eral and other public agencies).
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1 ‘‘(B) The State agrees that, if any revisions are

2 made in such plan during the fiscal year, the State

3 will, with respect to the revisions, hold hearings and

4 make proposals public in accordance with subpara5 graph (A), and will submit to the Secretary a de6 scription of the revisions.

7 ‘‘(2) The State has established an advisory

8 committee in accordance with subsection (d).

9 ‘‘(3) The State agrees to expend payments

10 under section 2813 only for the activities authorized

11 in section 2814.

12 ‘‘(4) The State agrees to expend such payments

13 in accordance with the State plan submitted under

14 subsection (a)(2) (with any revisions submitted to

15 the Secretary under paragraph (1)(B)), including

16 making expenditures to carry out the strategy con17 tained in the plan pursuant to subsection (b)(3).

18 ‘‘(5) The State agrees that the State will collect

19 and report data in accordance with section 2816(a).

20 ‘‘(6) With respect to the activities authorized in

21 section 2814, the State agrees to maintain State ex22 penditures for such activities at a level that is not

23 less than the average level of such expenditures

24 maintained by the State for the 2-year period pre-
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1 ceding the fiscal year for which the State is applying

2 to receive payments under section 2813.

3 ‘‘(7) The State agrees to establish reasonable

4 criteria to evaluate the effective performance of enti5 ties that receive funds from such payments and pro6 cedures for procedural and substantive independent

7 State review of the failure by the State to provide

8 funds for any such entity.

9 ‘‘(8) The State agrees to permit and cooperate

10 with Federal investigations undertaken in accord11 ance with section 2817.

12 ‘‘(9) The State agrees to provide the officer of

13 the State government responsible for the administra14 tion of the State highway safety program with an

15 opportunity to—

16 ‘‘(A) participate in the development of any

17 plan by the State relating to emergency medical

18 services, as such plan relates to highway safety;

19 and

20 ‘‘(B) review and comment on any proposal

21 by any State agency to use any Federal grant

22 or Federal payment received by the State for

23 the provision of emergency medical services as

24 such proposal relates to highway safety.

25 ‘‘(d) STATE ADVISORY COMMITTEE.—
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1 ‘‘(1) IN GENERAL.—For purposes of subsection

2 (c)(2), an advisory committee is in accordance with

3 this subsection if such committee is known as the

4 State Bioterrorism Preparedness Advisory Com5 mittee (in this subsection referred to as the ‘Com6 mittee’) and the Committee meets the conditions de7 scribed in the subsequent paragraphs of this sub8 section.

9 ‘‘(2) DUTIES.—A condition under paragraph

10 (1) for a State is that the duties of the Committee

11 are—

12 ‘‘(A) to hold public hearings on the State

13 plan required in subsection (a)(2); and

14 ‘‘(B) to make recommendations pursuant

15 to subsection (b)(1) regarding the development

16 and implementation of such plan, including rec17 ommendations on—

18 ‘‘(i) which of the activities authorized

19 in section 2814 should be carried out in

20 the State;

21 ‘‘(ii) the allocation of payments made

22 to the State under section 2813;

23 ‘‘(iii) the coordination of activities

24 carried out under such plan with relevant

25 programs of other entities; and
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1 ‘‘(iv) the collection and reporting of

2 data in accordance with section 2816(a).

3 ‘‘(3) COMPOSITION.—

4 ‘‘(A) IN GENERAL.—A condition under

5 paragraph (1) for a State is that the Committee

6 is composed of such members of the general

7 public, and such officials of the health depart8 ments of political subdivisions of the State, as

9 may be necessary to provide adequate represen10 tation of the general public and of such health

11 departments, laboratories, first responders, and

12 agricultural stakeholders.

13 ‘‘(B) SPECIFIC REPRESENTATION.—With

14 respect to compliance with subparagraph (A),

15 the membership of advisory committees estab16 lished pursuant to subsection (c)(2) may in17 clude representatives of community-based orga18 nizations (including minority community-based

19 organizations), schools of public health, and en20 tities to which the State involved awards grants

21 or contracts to carry out activities authorized in

22 section 2814.

23 ‘‘(4) CHAIR; MEETINGS.—A condition under

24 paragraph (1) for a State is that the State public

25 health officer serves as the chair of the Committee,
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1 and that the Committee meets not less than twice

2 each fiscal year.

3 ‘‘(e) CONSOLIDATED APPLICATION.—A State may

4 submit a single consolidated application for one or more

5 allotments under any of the categories described in para6 graphs (1) through (7) of section 2812(a).

7 ‘‘SEC. 2816. REPORTS, DATA, AND AUDITS.

8 ‘‘(a) COLLECTION AND REPORTING OF DATA.—

9 ‘‘(1) IN GENERAL.—For purposes of section

10 2815(c)(5), a State is collecting and reporting data

11 for a fiscal year in accordance with this subsection

12 if the State submits to the Secretary, not later than

13 February 1 of the succeeding fiscal year, a report

14 that—

15 ‘‘(A) describes the purposes for which the

16 State expended payments made to the State

17 under section 2813;

18 ‘‘(B) meets the conditions described in the

19 subsequent paragraphs of this subsection; and

20 ‘‘(C) contains such additional information

21 regarding activities authorized in section 2814,

22 and is submitted in such form, as the Secretary

23 may require.

24 ‘‘(2) UNIFORM DATA SETS.—
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1 ‘‘(A) IN GENERAL.—The Secretary, in con2 sultation with the States, shall develop sets of

3 data for uniformly deriving information under

4 this section. Each of such sets shall consist of

5 one or more categories of information (in this

6 subsection individually referred to as a ‘uniform

7 data item’). The Secretary shall develop for8 mats for the uniform collecting and reporting of

9 information on such items.

10 ‘‘(B) COLLECTION OF INFORMATION.—A

11 condition under paragraph (1)(B) for a fiscal

12 year is that the State involved will, in accord13 ance with the applicable format under subpara14 graph (A), collect during such year, and include

15 in the report under paragraph (1), the nec16 essary information for one uniform data item

17 from each of the uniform data sets, which items

18 are selected for the State by the Secretary.

19 ‘‘(3) CRITERIA.—The Secretary, in consultation

20 with the States, shall establish criteria for the uni21 form collection and reporting of data on activities

22 authorized in section 2814 with respect to which no

23 uniform data items exist.

24 ‘‘(4) AVAILABILITY OF INFORMATION.—A con25 dition under paragraph (1) for a fiscal year is that
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1 the State involved will make copies of the report

2 submitted under such paragraph for the fiscal year

3 available for public inspection, and will upon request

4 provide a copy of the report to any individual for a

5 charge not exceeding the cost of providing the copy.

6 ‘‘(b) FISCAL CONTROLS.—

7 ‘‘(1) IN GENERAL.—Each State shall establish

8 fiscal control and fund accounting procedures as

9 may be necessary to assure the proper disbursal of

10 and accounting for Federal funds paid to the State

11 under section 2813 and funds transferred under sec12 tion 2814(c) for use under this subtitle.

13 ‘‘(2) AUDITS.—Each State shall annually audit

14 its expenditures from payments received under sec15 tion 2813. Such State audits shall be conducted by

16 an entity independent of any agency administering a

17 program funded under this subtitle and, in so far as

18 practical, in accordance with the Comptroller Gen19 eral’s standards for auditing governmental organiza20 tions, programs, activities, and functions. Within 30

21 days following the date each audit is completed, the

22 chief executive officer of the State shall transmit a

23 copy of that audit to the Secretary.

24 ‘‘(3) REPAYMENTS.—Each State shall, after

25 being provided by the Secretary with adequate notice
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1 and opportunity for a hearing within the State,

2 repay to the United States amounts found not to

3 have been expended in accordance with the require4 ments of this subtitle or the certification provided by

5 the State under section 2815. If such repayment is

6 not made, the Secretary shall, after providing the

7 State with adequate notice and opportunity for a

8 hearing within the State, offset such amounts

9 against the amount of any allotment to which the

10 State is or may become entitled under this subtitle.

11 ‘‘(4) AVAILABILITY OF REPORTS.—The State

12 shall make copies of the reports and audits required

13 by this section available for public inspection within

14 the State.

15 ‘‘(5) EVALUATION BY SECRETARY.—The Comp16 troller General of the United States shall, from time

17 to time, evaluate the expenditures by States of

18 grants under this subtitle in order to ensure that ex19 penditures are consistent with the provisions of this

20 subtitle and the certification provided by the State

21 under section 2815.

22 ‘‘(6) REPORT.—Not later than 1 year after the

23 date of enactment of this title, and annually there24 after, the Secretary shall report to the Congress on

25 the activities of the States that have received funds
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1 under this subtitle and may include in the report

2 any recommendations for appropriate changes in leg3 islation.

4 ‘‘SEC. 2817. WITHHOLDING.

5 ‘‘(a) REQUIREMENTS.—

6 ‘‘(1) IN GENERAL.—The Secretary shall, after

7 adequate notice and an opportunity for a hearing

8 conducted within the affected State, withhold funds

9 from any State which does not use its allotment in

10 accordance with the requirements of this subtitle or

11 the certification provided under section 2815. The

12 Secretary shall withhold such funds until the Sec13 retary finds that the reason for the withholding has

14 been removed and there is reasonable assurance that

15 it will not recur.

16 ‘‘(2) INVESTIGATION.—The Secretary may not

17 institute proceedings to withhold funds under para18 graph (1) unless the Secretary has conducted an in19 vestigation concerning whether the State has used

20 its allotment in accordance with the requirements of

21 this subtitle or the certification provided under sec22 tion 2815. Investigations required by this paragraph

23 shall be conducted within the affected State by

24 qualified investigators.
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1 ‘‘(3) RESPONSE TO COMPLAINTS.—The Sec2 retary shall respond in an expeditious manner to

3 complaints of a substantial or serious nature that a

4 State has failed to use funds in accordance with the

5 requirements of this subtitle or certifications pro6 vided under section 2815.

7 ‘‘(4) MINOR FAILURES.—The Secretary may

8 not withhold funds under paragraph (1) from a

9 State for a minor failure to comply with the require10 ments of this subtitle or certifications provided

11 under section 2815.

12 ‘‘(b) INVESTIGATIONS.—

13 ‘‘(1) BY SECRETARY.—The Secretary shall con14 duct in several States in each fiscal year investiga15 tions of the use of funds received by the States

16 under this subtitle in order to evaluate compliance

17 with the requirements of this subtitle and certifi18 cations provided under section 2815.

19 ‘‘(2) BY COMPTROLLER GENERAL.—The Comp20 troller General of the United States may conduct in21 vestigations of the use of funds received under this

22 subtitle by a State in order to insure compliance

23 with the requirements of this subtitle and certifi24 cations provided under section 2815.
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1 ‘‘(c) AVAILABILITY OF INFORMATION FOR INSPEC2 TION.—Each State, and each entity which has received

3 funds from an allotment made to a State under this sub4 title, shall make appropriate books, documents, papers,

5 and records available to the Secretary or the Comptroller

6 General of the United States, or any of their duly author7 ized representatives, for examination, copying, or mechan8 ical reproduction on or off the premises of the appropriate

9 entity upon a reasonable request therefore.

10 ‘‘(d) LIMITATION ON REQUESTS FOR INFORMA11 TION.—

12 ‘‘(1) IN GENERAL.—In conducting any inves13 tigation in a State, the Secretary or the Comptroller

14 General of the United States may not make a re15 quest for any information not readily available to

16 such State or an entity which has received funds

17 from an allotment made to the State under this sub18 title or make an unreasonable request for informa19 tion to be compiled, collected, or transmitted in any

20 form not readily available.

21 ‘‘(2) JUDICIAL PROCEEDINGS.—Paragraph (1)

22 does not apply to the collection, compilation, or

23 transmittal of data in the course of a judicial pro24 ceeding.
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1 ‘‘SEC. 2818. NONDISCRIMINATION.

2 ‘‘(a) GENERAL REQUIREMENTS.—

3 ‘‘(1) APPLICATION OF PROVISIONS.—For the

4 purpose of applying the prohibitions against dis5 crimination on the basis of age under the Age Dis6 crimination Act of 1975, on the basis of handicap

7 under section 504 of the Rehabilitation Act of 1973,

8 on the basis of sex under title IX of the Education

9 Amendments of 1972, or on the basis of race, color,

10 or national origin under title VI of the Civil Rights

11 Act of 1964, programs and activities funded in

12 whole or in part with funds made available under

13 this subtitle are considered to be programs and ac14 tivities receiving Federal financial assistance.

15 ‘‘(2) SEX OR RELIGION.—No person shall on

16 the ground of sex or religion be excluded from par17 ticipation in, be denied the benefits of, or be sub18 jected to discrimination under, any program or ac19 tivity funded in whole or in part with funds made

20 available under this subtitle.

21 ‘‘(b) FAILURE TO COMPLY.—Whenever the Secretary

22 finds that a State, or an entity that has received a pay23 ment from an allotment to a State under section 2812,

24 has failed to comply with a provision of law referred to

25 in subsection (a)(1), with subsection (a)(2), or with an ap26 plicable regulation (including one prescribed to carry out
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1 subsection (a)(2)), the Secretary shall notify the chief ex2 ecutive officer of the State and shall request that such

3 officer secure compliance. If within a reasonable period of

4 time, not to exceed 60 days, the chief executive officer fails

5 or refuses to secure compliance, the Secretary may—

6 ‘‘(1) refer the matter to the Attorney General

7 with a recommendation that an appropriate civil ac8 tion be instituted;

9 ‘‘(2) exercise the powers and functions provided

10 by title VI of the Civil Rights Act of 1964, the Age

11 Discrimination Act of 1975, or section 504 of the

12 Rehabilitation Act of 1973, as may be applicable; or

13 ‘‘(3) take such other action as may be provided

14 by law.

15 ‘‘(c) REFERRAL TO ATTORNEY GENERAL.—When a

16 matter is referred to the Attorney General pursuant to

17 subsection (b)(1), or whenever the Attorney General has

18 reason to believe that a State or an entity is engaged in

19 a pattern or practice in violation of a provision of law re20 ferred to in subsection (a)(1) or in violation of subsection

21 (a)(2), the Attorney General may bring a civil action in

22 any appropriate district court of the United States for

23 such relief as may be appropriate, including injunctive re24 lief.
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1 ‘‘SEC. 2819. CRIMINAL PENALTY FOR FALSE STATEMENTS.

2 ‘‘Whoever—

3 ‘‘(1) knowingly and willfully makes or causes to

4 be made any false statement or representation of a

5 material fact in connection with the furnishing of

6 items or services for which payment may be made by

7 a State from funds allotted to the State under this

8 subtitle; or

9 ‘‘(2) having knowledge of the occurrence of any

10 event affecting his or her initial or continued right

11 to any such payment conceals or fails to disclose

12 such event with an intent fraudulently to secure

13 such payment either in a greater amount than is due

14 or when no such payment is authorized,

15 shall be fined not more than $25,000 or imprisoned for

16 not more than five years, or both.

17 ‘‘SEC. 2820. RESERVATION OF AMOUNT FOR NATIONAL BIO18 LOGICAL OR CHEMICAL TERRORISM PRE19 PAREDNESS GOALS.

20 ‘‘(a) IN GENERAL.—The Secretary may reserve not

21 to exceed 10 percent of the amount appropriated under

22 any of paragraphs (1) through (7) of section 2811(a) for

23 a fiscal year to carry out activities to address one or more

24 of the National Biological or Chemical Terrorism Pre25 paredness Goals.
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1 ‘‘(b) REPORT.—Not later than 60 days after making

2 a reservation under subsection (a), the Secretary shall pre3 pare and submit to the appropriate committees of Con4 gress a report that contains—

5 ‘‘(1) a description of the funds so reserved; and

6 ‘‘(2) a description of the activities to be carried

7 out by the Secretary using such funds.

8 ‘‘Subtitle C—Miscellaneous Grant

9 Programs

10 ‘‘SEC. 2831. GRANTS TO STRENGTHEN HOSPITAL EMER11 GENCY, TRAUMA, AND ICU CAPACITY.

12 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall

13 award competitive grants to eligible entities to address

14 core bioterrorism response capacity needs using capacities

15 developed in consultation with public and private entities,

16 with a particular focus on building emergency surge ca17 pacity, biocontainment, and decontamination capabilities.

18 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive

19 a grant under subsection (a), an entity shall—

20 ‘‘(1) be a public or private hospital, or a State

21 or political subdivision of a State acting on behalf of

22 a public hospital; and

23 ‘‘(2) prepare and submit to the Secretary an

24 application, at such time, in such manner, and con-
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1 taining such information as the Secretary may re2 quire.

3 ‘‘(c) USE OF FUNDS.—An entity that receives a grant

4 under subsection (a), may use amounts received under the

5 grant to—

6 ‘‘(1) train hospital personnel in responding to

7 bioterrorism threats;

8 ‘‘(2) develop, enhance, coordinate, or improve

9 institutional, local, regional, or Statewide emergency

10 surge capacity, biocontainment, or decontamination

11 capabilities; or

12 ‘‘(3) develop a plan for responding to bioter13 rorism threats.

14 ‘‘(d) ALLOCATION.—In allocating amounts under this

15 section, the Secretary shall give priority to applicants that

16 are hospitals located within 1 mile of a metropolitan area

17 with a population of at least 100,000.

18 ‘‘(e) REPORT.—Not later than 1 year after the date

19 of enactment of this title, and annually thereafter, the Sec20 retary shall prepare and submit to the Committee on

21 Health, Education, Labor, and Pensions of the Senate and

22 the Committee on Commerce of the House of Representa23 tives a report that describes the activities carried out

24 under this section.
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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There

2 is authorized to be appropriated to carry out this section,

3 $154,000,000 for fiscal year 2002, and such sums as may

4 be necessary for each of fiscal years 2003 through 2006.’’.

5 SEC. 4. REVITALIZING FEDERAL BIOLOGICAL AND CHEM6 ICAL COUNTERTERRORISM EFFORTS.

7 (a) FINDING.—Congress finds that significant new

8 Federal personnel and infrastructure investments are

9 needed to effectively counter biological and chemical ter10 rorism in the next century, including threats to agriculture

11 and the domestic food supply, increase preparedness, and

12 strengthen Federal response efforts.

13 (b) IMPROVING VACCINE, ANTIBIOTIC, AND THERA14 PEUTIC RESEARCH AND DEVELOPMENT.—For the pur15 poses of improving Federal vaccine, antibiotic, and thera16 peutic research and development, upgrading bioterrorism

17 capacities at the Centers for Disease Control and Preven18 tion, enabling the Federal Government to provide training

19 and assistance to local communities to improve prepared20 ness, strengthening the National Pharmaceutical Stock21 pile, and other critical capacity building and preparedness

22 efforts, there is authorized to be appropriated

23 $844,000,000 for fiscal year 2002, and such sums as may

24 be necessary for each of fiscal years 2003 through 2006.
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1 (c) PROTECTING THE FOOD SUPPLY.—For the pur2 poses of protecting agricultural production and safe3 guarding the food supply of the United States, increasing

4 federal diagnostic and testing resources available to the

5 States, and expanding Federal efforts to interdict dan6 gerous or noxious substances which may be hazardous to

7 public health, there is authorized to be appropriated—

8 (1) to the Secretary of Agriculture

9 $250,000,000 for fiscal year 2002, and such sums

10 as may be necessary for each of fiscal years 2003

11 through 2006; and

12 (2) to the Attorney General for use by the

13 United States Customs Service $100,000,000 for fis14 cal year 2002, and such sums as may be necessary

15 for each of fiscal years 2003 through 2006.

16 (d) ADDITIONAL RESEARCH AND DEVELOPMENT.—

17 For the purposes of promoting and expanding research on

18 biological and chemical terrorism—

19 (1) there is authorized to be appropriated to the

20 Secretary of Energy, $10,000,000 for fiscal year

21 2002, and such sums as may be necessary for each

22 of fiscal years 2003 through 2006;

23 (2) there is authorized to be appropriated to the

24 Attorney General, $10,000,000 for fiscal year 2002,
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1 and such sums as may be necessary for each of fis2 cal years 2003 through 2006;

3 (3) there is authorized to be appropriated to the

4 Secretary of Agriculture, $10,000,000 for fiscal year

5 2002, and such sums as may be necessary for each

6 of fiscal years 2003 through 2006; and

7 (4) there is authorized to be appropriated to the

8 Administrator of the Environmental Protection

9 Agency, $10,000,000 for fiscal year 2002, and such

10 sums as may be necessary for each of fiscal years

11 2003 through 2006.

12 SEC. 5. STRENGTHENING RURAL COMMUNITY PREPARED13 NESS FOR A BIOLOGICAL OR CHEMICAL AT14 TACK.

15 (a) FINDING.—Congress finds that rural commu16 nities may lack the coordination, training, or resources

17 necessary to fully and effectively prepare for, and respond

18 to, a biological or chemical terrorist attack.

19 (b) STRENGTHENING RURAL COMMUNITY PRE20 PAREDNESS FOR A BIOLOGICAL OR CHEMICAL ATTACK.—

21 The Secretary of Health and Human Services shall review

22 existing Federal counterterrorism efforts in light of spe23 cific characteristics which may render a rural community

24 uniquely vulnerable to a biological or chemical terrorist at25 tack, including distance, lack of emergency transport, hos-
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1 pital or laboratory capacity, lack of integration into State

2 or Federal public health networks, workforce deficits, or

3 other relevant conditions, and carry out activities where

4 necessary to strengthen rural community preparedness.

5 (c) REPORT.—Not later than 1 year after the date

6 of enactment of this Act, the Secretary of Health and

7 Human Services shall prepare and submit to the appro8 priate committees of Congress a report containing the re9 sults of the review conducted under subsection (b). If the

10 Secretary determines that additional legislative authority

11 is necessary to effectively strengthen rural community pre12 paredness, the report shall contain the recommendation of

13 the Secretary to that effect.

Æ