H. R. 3448
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To improve the ability of the United States to prevent, prepare for, and respond
to bioterrorism and other public health emergencies.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Public Health
Security and Bioterrorism Preparedness and Response Act of 2002’’.
(b) TABLE
OF CONTENTS.—The table of contents of the Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—NATIONAL PREPAREDNESS FOR BIOTERRORISM AND OTHER
PUBLIC HEALTH EMERGENCIES
Subtitle A—National Preparedness and Response Planning, Coordinating, and
Reporting
Sec. 101. National preparedness and response.
Sec. 102. Assistant Secretary for Public Health Emergency Preparedness; National
Disaster Medical System.
Sec. 103. Improving ability of Centers for Disease Control and Prevention.
Sec. 104. Advisory committees and communications; study regarding communica-
tions abilities of public health agencies.
Sec. 105. Education of health care personnel; training regarding pediatric issues.
Sec. 106. Grants regarding shortages of certain health professionals.
Sec. 107. Emergency system for advance registration of health professions volun-
teers.
Sec. 108. Working group.
Sec. 109. Antimicrobial resistance.
Sec. 110. Supplies and services in lieu of award funds.
Sec. 111. Additional amendments.
Subtitle B—Strategic National Stockpile; Development of Priority Countermeasures
Sec. 121. Strategic national stockpile.
Sec. 122. Accelerated approval of priority countermeasures.
Sec. 123. Issuance of rule on animal trials.
Sec. 124. Security for countermeasure development and production.
Sec. 125. Accelerated countermeasure research and development.
Sec. 126. Evaluation of new and emerging technologies regarding bioterrorist
attack and other public health emergencies.
Sec. 127. Potassium iodide.
Subtitle C—Improving State, Local, and Hospital Preparedness for and Response to
Bioterrorism and Other Public Health Emergencies
Sec. 131. Grants to improve State, local, and hospital preparedness for and
response to bioterrorism and other public health emergencies.
Subtitle D—Emergency Authorities; Additional Provisions
Sec. 141. Reporting deadlines.
Sec. 142. Streamlining and clarifying communicable disease quarantine provisions.
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Sec. 143. Emergency waiver of Medicare, Medicaid, and SCHIP requirements.
Sec. 144. Provision for expiration of public health emergencies.
Subtitle E—Additional Provisions
Sec. 151. Designated State public emergency announcement plan.
Sec. 152. Expanded research by Secretary of Energy.
Sec. 153. Expanded research on worker health and safety.
Sec. 154. Enhancement of emergency preparedness of Department of Veterans
Affairs.
Sec. 155. Reauthorization of existing program.
Sec. 156. Sense of Congress.
Sec. 157. General Accounting Office report.
Sec. 158. Certain awards.
Sec. 159. Public access defibrillation programs and public access defibrillation
demonstration projects.
TITLE II—ENHANCING CONTROLS ON DANGEROUS BIOLOGICAL AGENTS
AND TOXINS
Subtitle A—Department of Health and Human Services
Sec. 201. Regulation of certain biological agents and toxins.
Sec. 202. Implementation by Department of Health and Human Services.
Sec. 203. Effective dates.
Sec. 204. Conforming amendment.
Subtitle B—Department of Agriculture
Sec. 211. Short title.
Sec. 212. Regulation of certain biological agents and toxins.
Sec. 213. Implementation by Department of Agriculture.
Subtitle C—Interagency Coordination Regarding Overlap Agents and Toxins
Sec. 221. Interagency coordination.
Subtitle D—Criminal Penalties Regarding Certain Biological Agents and Toxins
Sec. 231. Criminal penalties.
TITLE III—PROTECTING SAFETY AND SECURITY OF FOOD AND DRUG
SUPPLY
Subtitle A—Protection of Food Supply
Sec. 301. Food safety and security strategy.
Sec. 302. Protection against adulteration of food.
Sec. 303. Administrative detention.
Sec. 304. Debarment for repeated or serious food import violations.
Sec. 305. Registration of food facilities.
Sec. 306. Maintenance and inspection of records for foods.
Sec. 307. Prior notice of imported food shipments.
Sec. 308. Authority to mark articles refused admission into United States.
Sec. 309. Prohibition against port shopping.
Sec. 310. Notices to States regarding imported food.
Sec. 311. Grants to States for inspections.
Sec. 312. Surveillance and information grants and authorities.
Sec. 313. Surveillance of zoonotic diseases.
Sec. 314. Authority to commission other Federal officials to conduct inspections.
Sec. 315. Rule of construction.
Subtitle B—Protection of Drug Supply
Sec. 321. Annual registration of foreign manufacturers; shipping information; drug
and device listing.
Sec. 322. Requirement of additional information regarding import components
intended for use in export products.
Subtitle C—General Provisions Relating to Upgrade of Agricultural Security
Sec. 331. Expansion of Animal and Plant Health Inspection Service activities.
Sec. 332. Expansion of Food Safety Inspection Service activities.
Sec. 333. Biosecurity upgrades at the Department of Agriculture.
Sec. 334. Agricultural biosecurity.
Sec. 335. Agricultural bioterrorism research and development.
Sec. 336. Animal enterprise terrorism penalties.
TITLE IV—DRINKING WATER SECURITY AND SAFETY
Sec. 401. Terrorist and other intentional acts.
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Sec. 402. Other Safe Drinking Water Act amendments.
Sec. 403. Miscellaneous and technical amendments.
TITLE V—ADDITIONAL PROVISIONS
Subtitle A—Prescription Drug User Fees
Sec. 501. Short title.
Sec. 502. Findings.
Sec. 503. Definitions.
Sec. 504. Authority to assess and use drug fees.
Sec. 505. Accountability and reports.
Sec. 506. Reports of postmarketing studies.
Sec. 507. Savings clause.
Sec. 508. Effective date.
Sec. 509. Sunset clause.
Subtitle B—Funding Provisions Regarding Food and Drug Administration
Sec. 521. Office of Drug Safety.
Sec. 522. Division of Drug Marketing, Advertising, and Communications.
Sec. 523. Office of Generic Drugs.
Subtitle C—Additional Provisions
Sec. 531. Transition to digital television.
Sec. 532. 3-year delay in lock in procedures for Medicare+Choice plans; change in
Medicare+Choice reporting deadlines and annual, coordinated election
period for 2003, 2004, and 2005.
TITLE 
I—NATIONAL 
PREPAREDNESS
FOR 
BIOTERRORISM 
AND 
OTHER
PUBLIC HEALTH EMERGENCIES
Subtitle A—National Preparedness and Re-
sponse Planning, Coordinating, and Re-
porting
SEC. 101. NATIONAL PREPAREDNESS AND RESPONSE.
(a) IN GENERAL.—The Public Health Service Act (42 U.S.C.
201 et seq.) is amended by adding at the end the following title:
‘‘TITLE XXVIII—NATIONAL PREPARED-
NESS 
FOR 
BIOTERRORISM 
AND
OTHER 
PUBLIC 
HEALTH 
EMER-
GENCIES
‘‘Subtitle A—National Preparedness and
Response Planning, Coordinating, and
Reporting
‘‘SEC. 2801. NATIONAL PREPAREDNESS PLAN.
‘‘(a) IN GENERAL.—
‘‘(1) PREPAREDNESS
AND
RESPONSE
REGARDING
PUBLIC
HEALTH
EMERGENCIES.—The Secretary shall further develop
and implement a coordinated strategy, building upon the core
public health capabilities established pursuant to section 319A,
H. R. 3448—4
for carrying out health-related activities to prepare for and
respond effectively to bioterrorism and other public health
emergencies, including the preparation of a plan under this
section. The Secretary shall periodically thereafter review and,
as appropriate, revise the plan.
‘‘(2) NATIONAL APPROACH.—In carrying out paragraph (1),
the Secretary shall collaborate with the States toward the
goal of ensuring that the activities of the Secretary regarding
bioterrorism and other public health emergencies are coordi-
nated with activities of the States, including local governments.
‘‘(3) EVALUATION OF PROGRESS.—The plan under paragraph
(1) shall provide for specific benchmarks and outcome measures
for evaluating the progress of the Secretary and the States,
including local governments, with respect to the plan under
paragraph (1), including progress toward achieving the goals
specified in subsection (b).
‘‘(b) PREPAREDNESS GOALS.—The plan under subsection (a)
should include provisions in furtherance of the following:
‘‘(1) Providing effective assistance to State and local govern-
ments in the event of bioterrorism or other public health emer-
gency.
‘‘(2) Ensuring that State and local governments have appro-
priate capacity to detect and respond effectively to such emer-
gencies, including capacities for the following:
‘‘(A) Effective public health surveillance and reporting
mechanisms at the State and local levels.
‘‘(B) Appropriate laboratory readiness.
‘‘(C) 
Properly 
trained 
and 
equipped 
emergency
response, public health, and medical personnel.
‘‘(D) 
Health 
and 
safety 
protection 
of 
workers
responding to such an emergency.
‘‘(E) Public health agencies that are prepared to coordi-
nate health services (including mental health services)
during and after such emergencies.
‘‘(F) Participation in communications networks that can
effectively disseminate relevant information in a timely
and secure manner to appropriate public and private enti-
ties and to the public.
‘‘(3) Developing and maintaining medical countermeasures
(such as drugs, vaccines and other biological products, medical
devices, and other supplies) against biological agents and toxins
that may be involved in such emergencies.
‘‘(4) Ensuring coordination and minimizing duplication of
Federal, State, and local planning, preparedness, and response
activities, including during the investigation of a suspicious
disease outbreak or other potential public health emergency.
‘‘(5) Enhancing the readiness of hospitals and other health
care facilities to respond effectively to such emergencies.
‘‘(c) REPORTS TO CONGRESS.—
‘‘(1) IN GENERAL.—Not later than one year after the date
of the enactment of the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002, and biennially there-
after, the Secretary shall submit to the Committee on Energy
and Commerce of the House of Representatives, and the Com-
mittee on Health, Education, Labor, and Pensions of the Senate,
a report concerning progress with respect to the plan under
H. R. 3448—5
subsection (a), including progress toward achieving the goals
specified in subsection (b).
‘‘(2) ADDITIONAL
AUTHORITY.—Reports submitted under
paragraph (1) by the Secretary (other than the first report)
shall make recommendations concerning—
‘‘(A) any additional legislative authority that the Sec-
retary determines is necessary for fully implementing the
plan under subsection (a), including meeting the goals
under subsection (b); and
‘‘(B) any additional legislative authority that the Sec-
retary determines is necessary under section 319 to protect
the public health in the event of an emergency described
in section 319(a).
‘‘(d) RULE OF CONSTRUCTION.—This section may not be con-
strued as expanding or limiting any of the authorities of the Sec-
retary that, on the day before the date of the enactment of the
Public Health Security and Bioterrorism Preparedness and
Response Act of 2002, were in effect with respect to preparing
for and responding effectively to bioterrorism and other public
health emergencies.’’.
(b) OTHER REPORTS.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Secretary of Health and
Human Services (referred to in this subsection as the ‘‘Sec-
retary’’) shall submit to the Committee on Energy and Com-
merce of the House of Representatives, and the Committee
on Health, Education, Labor, and Pensions of the Senate, a
report concerning—
(A) the recommendations and findings of the National
Advisory Committee on Children and Terrorism under sec-
tion 319F(c)(2) of the Public Health Service Act;
(B) the recommendations and findings of the EPIC
Advisory Committee under section 319F(c)(3) of such Act;
(C) the characteristics that may render a rural commu-
nity uniquely vulnerable to a biological attack, including
distance, lack of emergency transport, hospital or labora-
tory capacity, lack of integration of Federal or State public
health networks, workforce deficits, or other relevant
characteristics;
(D) the characteristics that may render areas or popu-
lations designated as medically underserved populations
(as defined in section 330 of such Act) uniquely vulnerable
to a biological attack, including significant numbers of low-
income or uninsured individuals, lack of affordable and
accessible health care services, insufficient public and pri-
mary health care resources, lack of integration of Federal
or State public health networks, workforce deficits, or other
relevant characteristics;
(E) the recommendations of the Secretary with respect
to additional legislative authority that the Secretary deter-
mines is necessary to effectively strengthen rural commu-
nities, or medically underserved populations (as defined
in section 330 of such Act); and
(F) the need for and benefits of a National Disaster
Response Medical Volunteer Service that would be a pri-
vate-sector, community-based rapid response corps of med-
ical volunteers.
H. R. 3448—6
(2) 
STUDY
REGARDING
LOCAL
EMERGENCY
RESPONSE
METHODS.—The Secretary shall conduct a study of effective
methods for the provision of emergency response services
through local governments (including through private response
contractors and volunteers of such governments) in a consistent
manner in response to acts of bioterrorism or other public
health emergencies. Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
the Committee on Energy and Commerce of the House of Rep-
resentatives, and the Committee on Health, Education, Labor,
and Pensions of the Senate, a report describing the findings
of the study.
SEC. 102. ASSISTANT SECRETARY FOR PUBLIC HEALTH EMERGENCY
PREPAREDNESS; NATIONAL DISASTER MEDICAL SYSTEM.
(a) IN GENERAL.—Title XXVIII of the Public Health Service
Act, as added by section 101 of this Act, is amended by adding
at the end the following subtitle:
‘‘Subtitle B—Emergency Preparedness and
Response
‘‘SEC. 2811. COORDINATION OF PREPAREDNESS FOR AND RESPONSE
TO BIOTERRORISM AND OTHER PUBLIC HEALTH EMER-
GENCIES.
‘‘(a) ASSISTANT SECRETARY FOR PUBLIC HEALTH EMERGENCY
PREPAREDNESS.—
‘‘(1) IN GENERAL.—There is established within the Depart-
ment of Health and Human Services the position of Assistant
Secretary for Public Health Emergency Preparedness. The
President shall appoint an individual to serve in such position.
Such Assistant Secretary shall report to the Secretary.
‘‘(2) DUTIES.—Subject to the authority of the Secretary,
the Assistant Secretary for Public Health Emergency Prepared-
ness shall carry out the following duties with respect to bioter-
rorism and other public health emergencies:
‘‘(A) Coordinate on behalf of the Secretary—
‘‘(i) interagency interfaces between the Department
of Health and Human Services (referred to in this
paragraph as the ‘Department’) and other departments,
agencies, and offices of the United States; and
‘‘(ii) interfaces between the Department and State
and local entities with responsibility for emergency
preparedness.
‘‘(B) Coordinate the operations of the National Disaster
Medical System and any other emergency response activi-
ties within the Department of Health and Human Services
that are related to bioterrorism and other public health
emergencies.
‘‘(C) Coordinate the efforts of the Department to bolster
State and local emergency preparedness for a bioterrorist
attack or other public health emergency, and evaluate the
progress of such entities in meeting the benchmarks and
other outcome measures contained in the national plan
and in meeting the core public health capabilities estab-
lished pursuant to 319A.
H. R. 3448—7
‘‘(D) Any other duties determined appropriate by the
Secretary.
‘‘(b) NATIONAL DISASTER MEDICAL SYSTEM.—
‘‘(1) IN GENERAL.—The Secretary shall provide for the oper-
ation in accordance with this section of a system to be known
as the National Disaster Medical System. The Secretary shall
designate the Assistant Secretary for Public Health Emergency
Preparedness as the head of the National Disaster Medical
System, subject to the authority of the Secretary.
‘‘(2) FEDERAL AND STATE COLLABORATIVE SYSTEM.—
‘‘(A) IN
GENERAL.—The National Disaster Medical
System shall be a coordinated effort by the Federal agencies
specified in subparagraph (B), working in collaboration
with the States and other appropriate public or private
entities, to carry out the purposes described in paragraph
(3).
‘‘(B) PARTICIPATING FEDERAL AGENCIES.—The Federal
agencies referred to in subparagraph (A) are the Depart-
ment of Health and Human Services, the Federal Emer-
gency Management Agency, the Department of Defense,
and the Department of Veterans Affairs.
‘‘(3) PURPOSE OF SYSTEM.—
‘‘(A) IN
GENERAL.—The Secretary may activate the
National Disaster Medical System to—
‘‘(i) provide health services, health-related social
services, other appropriate human services, and appro-
priate auxiliary services to respond to the needs of
victims of a public health emergency (whether or not
determined to be a public health emergency under
section 319); or
‘‘(ii) be present at locations, and for limited periods
of time, specified by the Secretary on the basis that
the Secretary has determined that a location is at
risk of a public health emergency during the time
specified.
‘‘(B) ONGOING ACTIVITIES.—The National Disaster Med-
ical System shall carry out such ongoing activities as may
be necessary to prepare for the provision of services
described in subparagraph (A) in the event that the Sec-
retary activates the National Disaster Medical System for
such purposes.
‘‘(C) TEST FOR MOBILIZATION OF SYSTEM.—During the
one-year period beginning on the date of the enactment
of the Public Health Security and Bioterrorism Prepared-
ness and Response Act of 2002, the Secretary shall conduct
an exercise to test the capability and timeliness of the
National Disaster Medical System to mobilize and other-
wise respond effectively to a bioterrorist attack or other
public health emergency that affects two or more
geographic locations concurrently. Thereafter, the Secretary
may periodically conduct such exercises regarding the
National Disaster Medical System as the Secretary deter-
mines to be appropriate.
‘‘(c) CRITERIA.—
‘‘(1) IN GENERAL.—The Secretary shall establish criteria
for the operation of the National Disaster Medical System.
H. R. 3448—8
‘‘(2) PARTICIPATION AGREEMENTS FOR NON-FEDERAL ENTI-
TIES.—In carrying out paragraph (1), the Secretary shall estab-
lish criteria regarding the participation of States and private
entities in the National Disaster Medical System, including
criteria regarding agreements for such participation. The cri-
teria shall include the following:
‘‘(A) Provisions relating to the custody and use of Fed-
eral personal property by such entities, which may in the
discretion of the Secretary include authorizing the custody
and use of such property to respond to emergency situations
for which the National Disaster Medical System has not
been activated by the Secretary pursuant to subsection
(b)(3)(A). Any such custody and use of Federal personal
property shall be on a reimbursable basis.
‘‘(B) Provisions relating to circumstances in which an
individual or entity has agreements with both the National
Disaster Medical System and another entity regarding the
provision of emergency services by the individual. Such
provisions shall address the issue of priorities among the
agreements involved.
‘‘(d) INTERMITTENT DISASTER-RESPONSE PERSONNEL.—
‘‘(1) IN GENERAL.—For the purpose of assisting the National
Disaster Medical System in carrying out duties under this
section, the Secretary may appoint individuals to serve as inter-
mittent personnel of such System in accordance with applicable
civil service laws and regulations.
‘‘(2) LIABILITY.—For purposes of section 224(a) and the
remedies described in such section, an individual appointed
under paragraph (1) shall, while acting within the scope of
such appointment, be considered to be an employee of the
Public Health Service performing medical, surgical, dental, or
related functions. With respect to the participation of individ-
uals appointed under paragraph (1) in training programs
authorized by the Assistant Secretary for Public Health Emer-
gency Preparedness or a comparable official of any Federal
agency specified in subsection (b)(2)(B), acts of individuals so
appointed that are within the scope of such participation shall
be considered within the scope of the appointment under para-
graph (1) (regardless of whether the individuals receive com-
pensation for such participation).
‘‘(e) CERTAIN EMPLOYMENT ISSUES REGARDING INTERMITTENT
APPOINTMENTS.—
‘‘(1) INTERMITTENT
DISASTER-RESPONSE
APPOINTEE.—For
purposes of this subsection, the term ‘intermittent disaster-
response appointee’ means an individual appointed by the Sec-
retary under subsection (d).
‘‘(2) COMPENSATION FOR WORK INJURIES.—An intermittent
disaster-response appointee shall, while acting in the scope
of such appointment, be considered to be an employee of the
Public Health Service performing medical, surgical, dental, or
related functions, and an injury sustained by such an individual
shall be deemed ‘in the performance of duty’, for purposes
of chapter 81 of title 5, United States Code, pertaining to
compensation for work injuries. With respect to the participa-
tion of individuals appointed under subsection (d) in training
programs authorized by the Assistant Secretary for Public
Health Emergency Preparedness or a comparable official of
H. R. 3448—9
any Federal agency specified in subsection (b)(2)(B), injuries
sustained by such an individual, while acting within the scope
of such participation, also shall be deemed ‘in the performance
of duty’ for purposes of chapter 81 of title 5, United States
Code (regardless of whether the individuals receive compensa-
tion for such participation). In the event of an injury to such
an intermittent disaster-response appointee, the Secretary of
Labor shall be responsible for making determinations as to
whether the claimant is entitled to compensation or other bene-
fits in accordance with chapter 81 of title 5, United States
Code.
‘‘(3) EMPLOYMENT AND REEMPLOYMENT RIGHTS.—
‘‘(A) IN GENERAL.—Service as an intermittent disaster-
response appointee when the Secretary activates the
National Disaster Medical System or when the individual
participates in a training program authorized by the Assist-
ant Secretary for Public Health Emergency Preparedness
or a comparable official of any Federal agency specified
in subsection (b)(2)(B) shall be deemed ‘service in the uni-
formed services’ for purposes of chapter 43 of title 38,
United States Code, pertaining to employment and
reemployment rights of individuals who have performed
service in the uniformed services (regardless of whether
the individual receives compensation for such participa-
tion). All rights and obligations of such persons and proce-
dures for assistance, enforcement, and investigation shall
be as provided for in chapter 43 of title 38, United States
Code.
‘‘(B) NOTICE OF ABSENCE FROM POSITION OF EMPLOY-
MENT.—Preclusion of giving notice of service by necessity
of Service as an intermittent disaster-response appointee
when the Secretary activates the National Disaster Medical
System shall be deemed preclusion by ‘military necessity’
for purposes of section 4312(b) of title 38, United States
Code, pertaining to giving notice of absence from a position
of employment. A determination of such necessity shall
be made by the Secretary, in consultation with the Sec-
retary of Defense, and shall not be subject to judicial
review.
‘‘(4) 
LIMITATION.—An 
intermittent 
disaster-response
appointee shall not be deemed an employee of the Department
of Health and Human Services for purposes other than those
specifically set forth in this section.
‘‘(f) RULE OF CONSTRUCTION REGARDING USE OF COMMISSIONED
CORPS.—If the Secretary assigns commissioned officers of the Reg-
ular or Reserve Corps to serve with the National Disaster Medical
System, such assignments do not affect the terms and conditions
of their appointments as commissioned officers of the Regular or
Reserve Corps, respectively (including with respect to pay and
allowances, retirement, benefits, rights, privileges, and immunities).
‘‘(g) DEFINITION.—For purposes of this section, the term ‘auxil-
iary services’ includes mortuary services, veterinary services, and
other services that are determined by the Secretary to be appro-
priate with respect to the needs referred to in subsection (b)(3)(A).
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
providing for the Assistant Secretary for Public Health Emergency
Preparedness and the operations of the National Disaster Medical
H. R. 3448—10
System, other than purposes for which amounts in the Public Health
Emergency Fund under section 319 are available, there are author-
ized to be appropriated such sums as may be necessary for each
of the fiscal years 2002 through 2006.’’.
(b) SENSE OF CONGRESS REGARDING RESOURCES OF NATIONAL
DISASTER MEDICAL SYSTEM.—It is the sense of the Congress that
the Secretary of Health and Human Services should provide suffi-
cient resources to entities tasked to carry out the duties of the
National Disaster Medical System for reimbursement of expenses,
operations, purchase and maintenance of equipment, training, and
other funds expended in furtherance of the National Disaster Med-
ical System.
SEC. 103. IMPROVING ABILITY OF CENTERS FOR DISEASE CONTROL
AND PREVENTION.
Section 319D of the Public Health Service Act (42 U.S.C. 247d–
4) is amended to read as follows:
‘‘SEC. 319D. REVITALIZING THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
‘‘(a) FACILITIES; CAPACITIES.—
‘‘(1) FINDINGS.—Congress finds that the Centers for Disease
Control and Prevention has an essential role in defending
against and combatting public health threats and requires
secure and modern facilities, and expanded and improved
capabilities related to bioterrorism and other public health
emergencies, sufficient to enable such Centers to conduct this
important mission.
‘‘(2) FACILITIES.—
‘‘(A) IN GENERAL.—The Director of the Centers for Dis-
ease Control and Prevention may design, construct, and
equip new facilities, renovate existing facilities (including
laboratories, 
laboratory 
support 
buildings, 
scientific
communication facilities, transshipment complexes, secured
and isolated parking structures, office buildings, and other
facilities and infrastructure), and upgrade security of such
facilities, in order to better conduct the capacities described
in section 319A, and for supporting public health activities.
‘‘(B) MULTIYEAR
CONTRACTING
AUTHORITY.—For any
project of designing, constructing, equipping, or renovating
any facility under subparagraph (A), the Director of the
Centers for Disease Control and Prevention may enter
into a single contract or related contracts that collectively
include the full scope of the project, and the solicitation
and contract shall contain the clause ‘availability of funds’
found at section 52.232–18 of title 48, Code of Federal
Regulations.
‘‘(3) IMPROVING THE CAPACITIES OF THE CENTERS FOR DIS-
EASE CONTROL AND PREVENTION.—The Secretary, taking into
account evaluations under section 319B(a), shall expand,
enhance, and improve the capabilities of the Centers for Disease
Control and Prevention relating to preparedness for and
responding effectively to bioterrorism and other public health
emergencies. Activities that may be carried out under the pre-
ceding sentence include—
‘‘(A) expanding or enhancing the training of personnel;
‘‘(B) improving communications facilities and networks,
including delivery of necessary information to rural areas;
H. R. 3448—11
‘‘(C) improving capabilities for public health surveil-
lance and reporting activities, taking into account the
integrated system or systems of public health alert commu-
nications and surveillance networks under subsection (b);
and
‘‘(D) improving laboratory facilities related to bioter-
rorism and other public health emergencies, including
increasing the security of such facilities.
‘‘(b) NATIONAL
COMMUNICATIONS
AND
SURVEILLANCE
NET-
WORKS.—
‘‘(1) IN
GENERAL.—The Secretary, directly or through
awards of grants, contracts, or cooperative agreements, shall
provide for the establishment of an integrated system or sys-
tems of public health alert communications and surveillance
networks between and among—
‘‘(A) Federal, State, and local public health officials;
‘‘(B) public and private health-related laboratories, hos-
pitals, and other health care facilities; and
‘‘(C) any other entities determined appropriate by the
Secretary.
‘‘(2) REQUIREMENTS.—The Secretary shall ensure that net-
works under paragraph (1) allow for the timely sharing and
discussion, in a secure manner, of essential information con-
cerning bioterrorism or another public health emergency, or
recommended methods for responding to such an attack or
emergency.
‘‘(3) STANDARDS.—Not later than one year after the date
of the enactment of the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002, the Secretary, in
cooperation with health care providers and State and local
public health officials, shall establish any additional technical
and reporting standards (including standards for interoper-
ability) for networks under paragraph (1).
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) FACILITIES; CAPACITIES.—
‘‘(A) FACILITIES.—For the purpose of carrying out sub-
section (a)(2), there are authorized to be appropriated
$300,000,000 for each of the fiscal years 2002 and 2003,
and such sums as may be necessary for each of the fiscal
years 2004 through 2006.
‘‘(B) MISSION; IMPROVING
CAPACITIES.—For the pur-
poses of achieving the mission of the Centers for Disease
Control and Prevention described in subsection (a)(1), for
carrying out subsection (a)(3), for better conducting the
capacities described in section 319A, and for supporting
public health activities, there are authorized to be appro-
priated such sums as may be necessary for each of the
fiscal years 2002 through 2006.
‘‘(2) NATIONAL COMMUNICATIONS AND SURVEILLANCE NET-
WORKS.—For the purpose of carrying out subsection (b), there
are authorized to be appropriated such sums as may be nec-
essary for each of the fiscal years 2002 through 2006.’’.
H. R. 3448—12
SEC. 104. ADVISORY COMMITTEES AND COMMUNICATIONS; STUDY
REGARDING COMMUNICATIONS ABILITIES OF PUBLIC
HEALTH AGENCIES.
(a) IN GENERAL.—Section 319F of the Public Health Service
Act (42 U.S.C. 247d–6) is amended—
(1) by striking subsections (b) and (i);
(2) by redesignating subsections (c) through (h) as sub-
sections (e) through (j), respectively; and
(3) by inserting after subsection (a) the following sub-
sections:
‘‘(b) ADVICE TO THE FEDERAL GOVERNMENT.—
‘‘(1) REQUIRED
ADVISORY
COMMITTEES.—In coordination
with the working group under subsection (a), the Secretary
shall establish advisory committees in accordance with para-
graphs (2) and (3) to provide expert recommendations to assist
such working groups in carrying out their respective respon-
sibilities under subsections (a) and (b).
‘‘(2) NATIONAL ADVISORY COMMITTEE ON CHILDREN AND TER-
RORISM.—
‘‘(A) IN GENERAL.—For purposes of paragraph (1), the
Secretary shall establish an advisory committee to be
known as the National Advisory Committee on Children
and Terrorism (referred to in this paragraph as the
‘Advisory Committee’).
‘‘(B) DUTIES.—The Advisory Committee shall provide
recommendations regarding—
‘‘(i) the preparedness of the health care (including
mental health care) system to respond to bioterrorism
as it relates to children;
‘‘(ii) needed changes to the health care and emer-
gency medical service systems and emergency medical
services protocols to meet the special needs of children;
and
‘‘(iii) changes, if necessary, to the national stockpile
under section 121 of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002
to meet the emergency health security of children.
‘‘(C) COMPOSITION.—The Advisory Committee shall be
composed of such Federal officials as may be appropriate
to address the special needs of the diverse population
groups of children, and child health experts on infectious
disease, environmental health, toxicology, and other rel-
evant professional disciplines.
‘‘(D) TERMINATION.—The Advisory Committee termi-
nates one year after the date of the enactment of the
Public Health Security and Bioterrorism Preparedness and
Response Act of 2002.
‘‘(3) EMERGENCY
PUBLIC
INFORMATION
AND
COMMUNICA-
TIONS ADVISORY COMMITTEE.—
‘‘(A) IN GENERAL.—For purposes of paragraph (1), the
Secretary shall establish an advisory committee to be
known as the Emergency Public Information and Commu-
nications Advisory Committee (referred to in this para-
graph as the ‘EPIC Advisory Committee’).
‘‘(B) DUTIES.—The EPIC Advisory Committee shall
make recommendations to the Secretary and the working
group under subsection (a) and report on appropriate ways
H. R. 3448—13
to communicate public health information regarding bioter-
rorism and other public health emergencies to the public.
‘‘(C) COMPOSITION.—The EPIC Advisory Committee
shall be composed of individuals representing a diverse
group of experts in public health, medicine, communica-
tions, behavioral psychology, and other areas determined
appropriate by the Secretary.
‘‘(D) DISSEMINATION.—The Secretary shall review the
recommendations of the EPIC Advisory Committee and
ensure that appropriate information is disseminated to the
public.
‘‘(E) TERMINATION.—The EPIC Advisory Committee
terminates one year after the date of the enactment of
Public Health Security and Bioterrorism Preparedness and
Response Act of 2002.
‘‘(c) 
STRATEGY
FOR
COMMUNICATION
OF
INFORMATION
REGARDING BIOTERRORISM
AND OTHER PUBLIC HEALTH EMER-
GENCIES.—In coordination with working group under subsection
(a), the Secretary shall develop a strategy for effectively commu-
nicating information regarding bioterrorism and other public health
emergencies, and shall develop means by which to communicate
such information. The Secretary may carry out the preceding sen-
tence directly or through grants, contracts, or cooperative agree-
ments.
‘‘(d) RECOMMENDATION OF CONGRESS REGARDING OFFICIAL FED-
ERAL INTERNET SITE ON BIOTERRORISM.—It is the recommendation
of Congress that there should be established an official Federal
Internet site on bioterrorism, either directly or through provision
of a grant to an entity that has expertise in bioterrorism and
the development of websites, that should include information rel-
evant to diverse populations (including messages directed at the
general public and such relevant groups as medical personnel,
public safety workers, and agricultural workers) and links to appro-
priate State and local government sites.’’.
(b) STUDY REGARDING COMMUNICATIONS ABILITIES OF PUBLIC
HEALTH AGENCIES.—The Secretary of Health and Human Services,
in consultation with the Federal Communications Commission, the
National Telecommunications and Information Administration, and
other appropriate Federal agencies, shall conduct a study to deter-
mine whether local public health entities have the ability to main-
tain communications in the event of a bioterrorist attack or other
public health emergency. The study shall examine whether
redundancies are required in the telecommunications system,
particularly with respect to mobile communications, for public
health entities to maintain systems operability and connectivity
during such emergencies. The study shall also include recommenda-
tions to industry and public health entities about how to implement
such redundancies if necessary.
SEC. 105. EDUCATION OF HEALTH CARE PERSONNEL; TRAINING
REGARDING PEDIATRIC ISSUES.
Section 319F(g) of the Public Health Service Act, as redesig-
nated by section 104(a)(2) of this Act, is amended to read as follows:
‘‘(g) EDUCATION; TRAINING REGARDING PEDIATRIC ISSUES.—
‘‘(1) MATERIALS; CORE
CURRICULUM.—The Secretary, in
collaboration with members of the working group described
H. R. 3448—14
in subsection (b), and professional organizations and societies,
shall—
‘‘(A) develop materials for teaching the elements of
a core curriculum for the recognition and identification
of potential bioweapons and other agents that may create
a public health emergency, and for the care of victims
of such emergencies, recognizing the special needs of chil-
dren and other vulnerable populations, to public health
officials, medical professionals, emergency physicians and
other emergency department staff, laboratory personnel,
and other personnel working in health care facilities
(including poison control centers);
‘‘(B) develop a core curriculum and materials for
community-wide planning by State and local governments,
hospitals and other health care facilities, emergency
response units, and appropriate public and private sector
entities to respond to a bioterrorist attack or other public
health emergency;
‘‘(C) develop materials for proficiency testing of labora-
tory and other public health personnel for the recognition
and identification of potential bioweapons and other agents
that may create a public health emergency; and
‘‘(D) provide for dissemination and teaching of the
materials described in subparagraphs (A) through (C) by
appropriate means, which may include telemedicine, long-
distance learning, or other such means.
‘‘(2) CERTAIN ENTITIES.—The entities through which edu-
cation and training activities described in paragraph (1) may
be carried out include Public Health Preparedness Centers,
the Public Health Service’s Noble Training Center, the
Emerging Infections Program, the Epidemic Intelligence
Service, the Public Health Leadership Institute, multi-State,
multi-institutional consortia, other appropriate educational
entities, professional organizations and societies, private accred-
iting organizations, and other nonprofit institutions or entities
meeting criteria established by the Secretary.
‘‘(3) GRANTS AND CONTRACTS.—In carrying out paragraph
(1), the Secretary may carry out activities directly and through
the award of grants and contracts, and may enter into inter-
agency cooperative agreements with other Federal agencies.
‘‘(4) 
HEALTH-RELATED
ASSISTANCE
FOR
EMERGENCY
RESPONSE PERSONNEL TRAINING.—The Secretary, in consulta-
tion with the Attorney General and the Director of the Federal
Emergency Management Agency, may provide technical assist-
ance with respect to health-related aspects of emergency
response personnel training carried out by the Department
of Justice and the Federal Emergency Management Agency.’’.
SEC. 106. GRANTS REGARDING SHORTAGES OF CERTAIN HEALTH
PROFESSIONALS.
Part B of title III of the Public Health Service Act (42 U.S.C.
243 et seq.) is amended by inserting after section 319G the following
section:
‘‘SEC. 319H. GRANTS REGARDING TRAINING AND EDUCATION OF CER-
TAIN HEALTH PROFESSIONALS.
‘‘(a) IN GENERAL.—The Secretary may make awards of grants
and cooperative agreements to appropriate public and nonprofit
H. R. 3448—68
(B) in the heading for the section, by striking ‘‘Posses-
sion by restricted persons’’ and inserting ‘‘Select
agents; certain other agents’’; and
(2) in the chapter analysis, in the item relating to section
175b, by striking ‘‘Possession by restricted persons.’’ and
inserting ‘‘Select agents; certain other agents.’’.
(c) TECHNICAL CORRECTIONS.—Chapter 10 of title 18, United
States Code, as amended by section 817 of Public Law 107–56
and subsections (a) and (b) of this section, is amended—
(1) in section 175(c), by striking ‘‘protective’’ and all that
follows and inserting ‘‘protective, bona fide research, or other
peaceful purposes.’’;
(2) in section 175b—
(A) in subsection (a)(1), by striking ‘‘described in sub-
section (b)’’ and all that follows and inserting the following:
‘‘shall ship or transport in or affecting interstate or foreign
commerce, or possess in or affecting interstate or foreign
commerce, any biological agent or toxin, or receive any
biological agent or toxin that has been shipped or trans-
ported in interstate or foreign commerce, if the biological
agent or toxin is listed as a select agent in Appendix
A of part 72 of title 42, Code of Federal Regulations,
pursuant to section 351A of the Public Health Service
Act, and is not exempted under subsection (h) of section
72.6, or Appendix A of part 72, of title 42, Code of Federal
Regulations.’’; and
(B) in subsection (d)(3), by striking ‘‘section 1010(a)(3)’’
and inserting ‘‘section 101(a)(3)’’;
(3) in section 176(a)(1)(A), by striking ‘‘exists by reason
of’’ and inserting ‘‘pertains to’’; and
(4) in section 178—
(A) in paragraph (1), by striking ‘‘means any micro-
organism’’ and all that follows through ‘‘product, capable
of’’ and inserting the following: ‘‘means any microorganism
(including, but not limited to, bacteria, viruses, fungi,
rickettsiae or protozoa), or infectious substance, or any
naturally occurring, bioengineered or synthesized compo-
nent of any such microorganism or infectious substance,
capable of’’;
(B) in paragraph (2), by striking ‘‘means the toxic’’
and all that follows through ‘‘including—’’ and inserting
the following: ‘‘means the toxic material or product of
plants, animals, microorganisms (including, but not limited
to, bacteria, viruses, fungi, rickettsiae or protozoa), or infec-
tious substances, or a recombinant or synthesized molecule,
whatever their origin and method of production, and
includes—’’; and
(C) in paragraph (4), by striking ‘‘recombinant mol-
ecule,’’ and all that follows through ‘‘biotechnology,’’ and
inserting ‘‘recombinant or synthesized molecule,’’.
(d) ADDITIONAL TECHNICAL CORRECTION.—Section 2332a of title
18, United States Code, is amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘section 229F)’’ and all that follows through
‘‘section 178)—’’ and inserting ‘‘section 229F)—’’; and