H. R. 3448—37
SEC. 144. PROVISION FOR EXPIRATION OF PUBLIC HEALTH EMER-
GENCIES.
(a) IN GENERAL.—Section 319(a) of the Public Health Service
Act (42 U.S.C. 247d(a)), is amended by adding at the end the
following new sentence: ‘‘Any such determination of a public health
emergency terminates upon the Secretary declaring that the emer-
gency no longer exists, or upon the expiration of the 90-day period
beginning on the date on which the determination is made by
the Secretary, whichever occurs first. Determinations that termi-
nate under the preceding sentence may be renewed by the Secretary
(on the basis of the same or additional facts), and the preceding
sentence applies to each such renewal. Not later than 48 hours
after making a determination under this subsection of a public
health emergency (including a renewal), the Secretary shall submit
to the Congress written notification of the determination.’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
applies to any public health emergency under section 319(a) of
the Public Health Service Act, including any such emergency that
was in effect as of the day before the date of the enactment of
this Act. In the case of such an emergency that was in effect
as of such day, the 90-day period described in such section with
respect to the termination of the emergency is deemed to begin
on such date of enactment.
Subtitle E—Additional Provisions
SEC. 151. DESIGNATED STATE PUBLIC EMERGENCY ANNOUNCEMENT
PLAN.
Section 613(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196b(b)) is amended—
(1) in paragraph (5), by striking ‘‘and’’ at the end;
(2) in paragraph (6), by striking the period and inserting
‘‘; and’’; and
(3) by adding at the end the following:
‘‘(7) include a plan for providing information to the public
in a coordinated manner.’’.
SEC. 152. EXPANDED RESEARCH BY SECRETARY OF ENERGY.
(a) DETECTION AND IDENTIFICATION RESEARCH.—
(1) IN GENERAL.—In conjunction with the working group
under section 319F(a) of the Public Health Service Act, the
Secretary of Energy and the Administrator of the National
Nuclear Security Administration shall expand, enhance, and
intensify research relevant to the rapid detection and identifica-
tion of pathogens likely to be used in a bioterrorism attack
or other agents that may cause a public health emergency.
(2) AUTHORIZED ACTIVITIES.—Activities carried out under
paragraph (1) may include—
(A) the improvement of methods for detecting biological
agents or toxins of potential use in a biological attack
and the testing of such methods under variable conditions;
(B) the improvement or pursuit of methods for testing,
verifying, and calibrating new detection and surveillance
tools and techniques; and
(C) carrying out other research activities in relevant
areas.
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(3) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the Administrator of the National
Nuclear Security Administration shall submit to the Committee
on Energy and Natural Resources and the Committee on Armed
Services of the Senate, and the Committee on Energy and
Commerce and the Committee on Armed Services of the House
of Representatives, a report setting forth the programs and
projects that will be funded prior to the obligation of funds
appropriated under subsection (b).
(b) AUTHORIZATION.—For the purpose of carrying out this sec-
tion, there are authorized to be appropriated such sums as may
be necessary in each of fiscal years 2002 through 2006.
SEC. 153. EXPANDED RESEARCH ON WORKER HEALTH AND SAFETY.
The Secretary of Health and Human Services (referred to in
this section as the ‘‘Secretary’’), acting through the Director of
the National Institute of Occupational Safety and Health, shall
enhance and expand research as deemed appropriate on the health
and safety of workers who are at risk for bioterrorist threats or
attacks in the workplace, including research on the health effects
of measures taken to treat or protect such workers for diseases
or disorders resulting from a bioterrorist threat or attack. Nothing
in this section may be construed as establishing new regulatory
authority for the Secretary or the Director to issue or modify any
occupational safety and health rule or regulation.
SEC. 
154. 
ENHANCEMENT 
OF 
EMERGENCY 
PREPAREDNESS 
OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) READINESS OF DEPARTMENT MEDICAL CENTER.—(1) The Sec-
retary of Veterans Affairs shall take appropriate actions to enhance
the readiness of Department of Veterans Affairs medical centers
to protect the patients and staff of such centers from chemical
or biological attack or otherwise to respond to such an attack
and so as to enable such centers to fulfil their obligations as
part of the Federal response to public health emegencies.
(2) Actions under paragraph (1) shall include—
(A) the provision of decontamination equipment and per-
sonal protection equipment at Department medical centers;
and
(B) the provision of training in the use of such equipment
to staff of such centers.
(b) SECURITY AT DEPARTMENT MEDICAL AND RESEARCH FACILI-
TIES.—(1) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall carry out an evaluation of the
security needs at Department medical centers and research facili-
ties. The evaluation shall address the following needs:
(A) Needs for the protection of patients and medical staff
during emergencies, including a chemical or biological attack
or other terrorist attack.
(B) Needs, if any, for screening personnel engaged in
research relating to biological pathogens or agents, including
work associated with such research.
(C) Needs for securing laboratories or other facilities
engaged in research relating to biological pathogens or agents.
(D) Any other needs the Secretary considers appropriate.
(2) The Secretary shall take appropriate actions to enhance
the security of Department medical centers and research facilities,
including staff and patients at such centers and facilities. In taking
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such actions, the Secretary shall take into account the results
of the evaluation required by paragraph (1).
(c) TRACKING
OF PHARMACEUTICALS
AND MEDICAL SUPPLIES
AND EQUIPMENT.—The Secretary shall develop and maintain a cen-
tralized system for tracking the current location and availability
of pharmaceuticals, medical supplies, and medical equipment
throughout the Department health care system in order to permit
the ready identification and utilization of such pharmaceuticals,
supplies, and equipment for a variety of purposes, including
response to a chemical or biological attack or other terrorist attack.
(d) TRAINING.—The Secretary shall ensure that the Department
medical centers, in consultation with the accredited medical school
affiliates of such medical centers, develop and implement curricula
to train resident physicians and health care personnel in medical
matters relating to biological, chemical, or radiological attacks.
(e) PARTICIPATION IN NATIONAL DISASTER MEDICAL SYSTEM.—
(1) The Secretary shall, in consultation with the Secretary of
Defense, the Secretary of Health and Human Services, and the
Director of the Federal Emergency Management Agency, establish
and maintain a training program to facilitate the participation
of the staff of Department medical centers, and of the community
partners of such centers, in the National Disaster Medical System.
(2) The Secretary shall establish and maintain the training
program under paragraph (1) in accordance with the recommenda-
tions of the working group under section 319F(a) of the Public
Health Service Act.
(f) MENTAL HEALTH COUNSELING.—(1) With respect to activities
conducted by personnel serving at Department medical centers,
the Secretary shall, in consultation with the Secretary of Health
and Human Services, the American Red Cross, and the working
group under section 319F(a) of the Public Health Service Act,
develop and maintain various strategies for providing mental health
counseling and assistance, including counseling and assistance for
post-traumatic stress disorder, to local and community emergency
response providers, veterans, active duty military personnel, and
individuals seeking care at Department medical centers following
a bioterrorist attack or other public health emergency.
(2) The strategies under paragraph (1) shall include the fol-
lowing:
(A) Training and certification of providers of mental health
counseling and assistance.
(B) Mechanisms for coordinating the provision of mental
health counseling and assistance to emergency response pro-
viders referred to in that paragraph.
(g) AUTHORIZATION
OF
APPROPRIATIONS.—There is hereby
authorized to be appropriated for the Department of Veterans
Affairs amounts as follows:
(1) To carry out activities required by subsection (a)—
(A) $100,000,000 for fiscal year 2002; and
(B) such sums as may be necessary for each of fiscal
years 2003 through 2006.
(2) To carry out activities required by subsections (b)
through (f)—
(A) $33,000,000 for fiscal year 2002; and
(B) such sums as may be necessary for each of fiscal
years 2003 through 2006.
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SEC. 155. REAUTHORIZATION OF EXISTING PROGRAM.
Section 582(f) of the Public Health Service Act (42 U.S.C.
290hh-1(f)) is amended by striking ‘‘2002 and 2003’’ and inserting
‘‘2003 through 2006’’.
SEC. 156. SENSE OF CONGRESS.
It is the sense of the Congress that—
(1) many excellent university-based programs are already
functioning and developing important biodefense products and
solutions throughout the United States;
(2) accelerating the crucial work done at university centers
and laboratories will contribute significantly to the United
States capacity to defend against any biological threat or attack;
(3) maximizing the effectiveness of, and extending the mis-
sion of, established university programs would be one appro-
priate use of the additional resources provided for in this Act
and the amendments made by this Act; and
(4) the Secretary of Health and Human Services should,
as appropriate, recognize the importance of existing public and
private university-based research, training, public awareness,
and safety related biological defense programs when the Sec-
retary makes awards of grants and contracts in accordance
with this Act and the amendments made by this Act.
SEC. 157. GENERAL ACCOUNTING OFFICE REPORT.
(a) IN GENERAL.—The Comptroller General shall submit to
the Committee on Health, Education, Labor, and Pensions and
the Committee on Appropriations of the Senate, and to the Com-
mittee on Energy and Commerce and the Committee on Appropria-
tions of the House of Representatives, a report that describes—
(1) Federal activities primarily related to research on,
preparedness for, and the management of the public health
and medical consequences of a bioterrorist attack against the
civilian population;
(2) the coordination of the activities described in paragraph
(1);
(3) the effectiveness of such efforts in preparing national,
State, and local authorities to address the public health and
medical consequences of a potential bioterrorist attack against
the civilian population;
(4) the activities and costs of the Civil Support Teams
of the National Guard in responding to biological threats or
attacks against the civilian population;
(5) the activities of the working group under subsection
(a) and the efforts made by such group to carry out the activities
described in such subsection; and
(6) the ability of private sector contractors to enhance
governmental responses to biological threats or attacks.
SEC. 158. CERTAIN AWARDS.
Section 319(a) of the Public Health Service Act (42 U.S.C.
247d(a)) is amended in the matter after and below paragraph (2)
by striking ‘‘grants and’’ and inserting ‘‘grants, providing awards
for expenses, and’’.