I
107TH CONGRESS
1ST SESSION
H. R. 3242
To ensure that the United States is prepared for an attack using biological
or chemical weapons.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 7, 2001
Mr. BLAGOJEVICH introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees
on Agriculture, the Judiciary, and Science, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To ensure that the United States is prepared for an attack
using biological or chemical weapons.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Biological and Chem-
ical Weapons Preparedness Act of 2001’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) Terrorists may threaten to use, or attempt
to use, a biological or chemical weapon against the
United States.
(2) With respect to bioterrorism, State and
local first-responder, public health, and medical com-
munities stand directly on the front lines. How well
the United States responds to such a threat or at-
tack will depend on the preparedness of State and
local communities.
(3) State and local first-responder units (law
enforcement, fire, emergency transport, emergency
management, and medical or allied health profes-
sionals) lack the basic training and equipment need-
ed to effectively counter the bioterrorism threats
faced by the United States.
(4) There continues to be insufficient capital
funding by private and public sources of hospitals,
laboratories, clinics, information networks, and other
necessary elements to ensure the provision of public
health services in the event of a bioterrorism attack.
(5) The terrorism threat extends well beyond
traditional methods of attack. Common, everyday
agricultural products such as foods, fertilizers, pes-
ticides and even certain animals can be transformed
into devastating weapons that threaten economic
well-being as well as public health. The ability of the
United States to diagnose, contain, and treat plant
and animal diseases is hampered by a lack of coordi-
nation, training, and testing facilities.
(6) The common good of resisting bioterrorism
through immediate first response and a solid medical
and public health infrastructure depends upon a sus-
tained, consistent Federal, State, and local focus
and resource commitment.
(b) PURPOSE.—The purpose of this Act is—
(1) to encourage and promote State and local
community first-responder efforts to prepare for,
and respond to, a biological or chemical attack;
(2) to strengthen State and local medical and
public health infrastructures through a skilled pro-
fessional workforce, robust medical and disease sur-
veillance information and data systems, and strong
health departments, laboratories, and hospital emer-
gency medical facilities; and
(3) to develop and expand agricultural and
farm community readiness for a biological or chem-
ical attack involving plants, animals, or other food
commodities through coordination, training, and ex-
panded access to disease testing.
SEC. 3. STATE AND LOCAL PUBLIC HEALTH INFRASTRUC-
TURE
The Public Health Service Act (42 U.S.C. 201 et
seq.) is amended by adding at the end the following:
‘‘TITLE XXVIII—PREPARING FOR
AND RESPONDING TO BIO-
TERRORISM
‘‘Subtitle A—National Biological or
Chemical Terrorism Prepared-
ness Goals
‘‘SEC. 2801. PURPOSE.
‘‘The purpose of this subtitle is to establish National
Biological or Chemical Terrorism Preparedness Goals.
‘‘SEC. 2802. NATIONAL BIOLOGICAL OR CHEMICAL TER-
RORISM PREPAREDNESS GOALS.
‘‘The Congress declares that the National Biological
or Chemical Terrorism Preparedness Goals (referred to in
this title as the ‘Preparedness Goals’) are the following:
‘‘(1) FIRST RESPONDERS.—By the year 2010,
each first-responder (including law enforcement, fire,
rescue, emergency medical services, emergency man-
agement, medical, and allied health professionals)
will have adequate capacity, including coordination
with other public and private stakeholders, response
training, resources, technology, and workforce, nec-
essary to effectively prepare for, and respond to, a
biological or chemical terrorist attack.
‘‘(2) PUBLIC HEALTH DEPARTMENTS.—By the
year 2010, each public health department will have
adequate capacity, including coordination with other
public and private stakeholders, response training,
resources, technology, and workforce, necessary to
effectively prepare for, and respond to, a biological
or chemical terrorist attack.
‘‘(3) DISEASE
SURVEILLANCE.—By the year
2010, each State and local government will partici-
pate in, and have uninterrupted access to, sophisti-
cated, electronic disease surveillance, interoperable
networks and data protocols, information exchange,
and immediate access to medical data, treatment
guidelines, and health alerts.
‘‘(4) LABORATORY
READINESS.—By the year
2010, Federal, State, local, and public and private
stakeholders will collectively ensure laboratory readi-
ness for a biological or chemical attack, including
the development of a nationwide laboratory response
system, response training, capacity building, and co-
ordination assistance.
‘‘(5) EMERGENCY ROOMS.—By the year 2010,
local emergency rooms will have adequate capacity,
public and private health care and health infrastructure
entities, shall develop a coordinated plan to achieve the
Preparedness Goals. Such plan shall include the develop-
ment of specific benchmarks and outcome measures that
are necessary to evaluate the national, State, and local
progress towards achieving each such Goals.
‘‘(b) AUTHORITY.—The Secretary shall carry out the
activities described in section 2802, and any additional ac-
tivities determined appropriate by the Secretary to achieve
the Preparedness Goals.
‘‘(c) ANNUAL REPORTS.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this title, and annually
thereafter, the Secretary shall prepare and submit to
the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Com-
merce of the House of Representatives, a report con-
cerning the progress made, on the national, State,
and local levels, toward achieving each of the Pre-
paredness Goals.
‘‘(2) ADDITIONAL
AUTHORITY.—If the Sec-
retary determines that additional legislative author-
ity is needed to meet the Preparedness Goals by the
year 2010, the Secretary shall make recommenda-
tions for such authority in the annual report sub-
mitted under paragraph (1).
‘‘SEC. 2804. CONSULTATION AND COORDINATION.
‘‘The Secretary shall consult with the heads of other
Federal agencies and with State and local entities, to co-
ordinate programs, activities, and efforts to achieve the
Preparedness Goals, including activities under this title,
under the amendments made by the Public Health
Threats and Emergencies Act (sections 319 through 319G
of this Act), and under other laws.
‘‘Subtitle B—National Biological or
Chemical Terrorism Prepared-
ness Block Grants
‘‘SEC. 2811. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of making allotments under section
2812, there are authorized to be appropriated the fol-
lowing amounts:
‘‘(1) For allotments under section 2812(a)(1),
$55,000,000 for fiscal year 2002, and such sums as
may be necessary for each of fiscal years 2003
through 2006.
‘‘(2) For allotments under section 2812(a)(2),
$55,000,000 for fiscal year 2002, and such sums as
may be necessary for each of fiscal years 2003
through 2006.
‘‘(3) For allotments under section 2812(a)(3),
$100,000,000 for fiscal year 2002, and such sums
as may be necessary for each of fiscal years 2003
through 2006.
‘‘(4) For allotments under section 2812(a)(4),
$50,000,000 for fiscal year 2002, and such sums as
may be necessary for each of fiscal years 2003
through 2006.
‘‘(5) For allotments under section 2812(a)(5),
$100,000,000 for fiscal year 2002, and such sums
as may be necessary for each of fiscal years 2003
through 2006.
‘‘(6) For allotments under section 2812(a)(6),
$100,000,000 for fiscal year 2002, and such sums
as may be necessary for each of fiscal years 2003
through 2006.
‘‘(7) For allotments under section 2812(a)(7),
$95,000,000 for fiscal year 2002, and such sums as
may be necessary for each of fiscal years 2003
through 2006.
‘‘SEC. 2812. ALLOTMENTS.
‘‘(a) ALLOTMENT CATEGORIES.—From the amount
appropriated under section 2811 for any fiscal year, the
Secretary shall make an allotment to each State in one
or more of the following categories:
‘‘(1) STATE AND LOCAL FIRST RESPONDERS.—
Allotments to improve the planning and training ac-
tivities of State and local first responders under sec-
tion 2814(a)(1).
‘‘(2) STATE AND LOCAL HEALTH AGENCY PLAN-
NING AND TRAINING.—Allotments to carry out State
and local health agency planning and training activi-
ties under section 2814(a)(2).
‘‘(3) STATE
AND
LOCAL
DISEASE
SURVEIL-
LANCE AND INFORMATION.—Allotments to improve
State and local efforts to develop disease surveil-
lance, 
data, 
and 
information 
under 
section
2814(a)(3).
‘‘(4) LABORATORY READINESS.—Allotments to
carry out activities to improve laboratory readiness
under section 2814(a)(4).
‘‘(5) HOSPITAL PREPAREDNESS.—Allotments to
carry out activities to improve hospital preparedness
under section 2814(a)(5).
‘‘(6) DETECTION AND RESPONSE.—Allotments
to carry out activities to improve the ability of State
and local communities to detect and respond to bio-
logical or chemical agents under section 2814(a)(6).
‘‘(7) HEALTH CARE WORKFORCE.—Allotments
to carry out activities to strengthen the health care
workforce under section 2814(a)(7).
‘‘(b) FORMULA.—From the amount appropriated
under each of paragraphs (1) through (7) of section 2811
for any fiscal year for allotments under any of the cat-
egories described in subsection (a), the Secretary shall
make allotments to each State on the basis of the popu-
lation of the State.
‘‘(c) USE OF AVAILABLE FUNDS.—To the extent that
all the funds appropriated under any of paragraphs (1)
through (7) of section 2811 for a fiscal year and available
for allotment in such fiscal year are not otherwise allotted
to States because—
‘‘(1) one or more States have not submitted an
application or description of activities in accordance
with section 2815 with respect to one or more of the
categories described in subsection (a) for the fiscal
year;
‘‘(2) one or more States have notified the Sec-
retary that they do not intend to use the full amount
of their allotment under any such category; or
‘‘(3) some State allotments are offset or repaid
under section 2816(b)(3);