‘‘SEC. 853. GRANTS FOR HEALTH CAREER ACADEMIES.
‘‘(a) IN
GENERAL.—The Secretary shall award
grants to designated eligible entities for the purpose of as-
sisting such entities in collaborating to carry out programs
that form education pipelines to facilitate the entry of stu-
dents of secondary educational institutions into careers in
the field of nursing.
‘‘(b) DESIGNATED ELIGIBLE ENTITIES.—For pur-
poses of subsection (a), the term ‘designated eligible enti-
ties’ means eligible entities that are schools of nursing,
health care providers, or secondary educational institu-
tions, including minority serving institutions.
‘‘SEC. 854. FAST-TRACK NURSING FACULTY SCHOLARSHIP
AND LOAN REPAYMENT PROGRAMS.
‘‘(a) IN GENERAL.—The Secretary shall establish a
program of entering into contracts with individuals de-
scribed in subsection (b) under which the individuals agree
to serve as members of the faculties of schools of nursing
in consideration of the Federal Government agreeing—
‘‘(1) to provide scholarships for full-time at-
tendance at doctoral programs in the field of nurs-
ing; or
‘‘(2) to pay, for each year of service as such a
faculty member, not more than $20,000 of the prin-
cipal and interest of the educational loans of such
individuals.
‘‘(b) ELIGIBLE INDIVIDUALS.—The individuals re-
ferred to in subsection (a) are—
‘‘(1) in the case of the scholarship program
under such subsection, individuals who are enrolled
or accepted for enrollment in a doctoral program in
the field of nursing; and
‘‘(2) in the case of the loan repayment program
under such subsection—
‘‘(A) individuals who have a doctoral de-
gree in the field of nursing; or
‘‘(B) are enrolled in a doctoral program in
such field and are in the final academic year of
the program.
‘‘(c) REQUIREMENTS REGARDING FACULTY POSI-
TIONS.—
‘‘(1) IN GENERAL.—The Secretary may enter
into a contract under subsection (a) only if the indi-
vidual involved has entered into a contract with a
school of nursing to serve as a member of the fac-
ulty of the school for two years, or for such longer
period as may be specified in the contract.
‘‘(2) LOAN REPAYMENT PROGRAM.—
‘‘(A) IN
GENERAL.—The Secretary may
enter into a contract under subsection (a)(2)
only if the contract referred to in paragraph (1)
of this subsection provides that—
‘‘(i) the school of nursing involved
will, for each year for which the individual
involved serves as a member of the faculty
under the contract with the school, make
payments of the principal and interest due
on the educational loans of the individual
for such year in an amount equal to the
amount of such payments made by the
Secretary for the year;
‘‘(ii) the payments made by the school
pursuant to clause (i) on behalf of the indi-
vidual will be in addition to the pay that
the individual would otherwise receive for
serving as a member of such faculty; and
‘‘(iii) the school, in making a deter-
mination of the amount of compensation to
be provided by the school to the individual
for serving as a member of the faculty, will
make the determination without regard to
the amount of payments made (or to be
made) to the individual by the Federal
Government under subsection (a)(2).
‘‘(B) WAIVER
REGARDING
SCHOOL
CON-
TRIBUTIONS.—The Secretary may waive the re-
quirement established in subparagraph (A) if
the Secretary determines that the requirement
will impose an undue financial hardship on the
school of nursing involved.
‘‘(d) USE OF SCHOLARSHIP.—A scholarship under
subsection (a)(1) may be expended only for tuition ex-
penses, other reasonable educational expenses, and reason-
able living expenses incurred in attending the doctoral pro-
gram involved.
‘‘(e) APPLICABILITY
OF CERTAIN PROVISIONS.—
With respect to the National Health Service Corps Schol-
arship and Loan Repayment Programs established in sub-
part III of part D of title III, the provisions of such sub-
part shall, except as inconsistent with this section, apply
to the programs established in subsections (a)(1) and
(a)(2) of this section, respectively, in the same manner
and to the same extent as such provisions apply to such
Health Service Corps Scholarship and Loan Repayment
Programs.
‘‘SEC. 855. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there is
authorized to be appropriated $46,000,000 for fiscal year
2002. Amounts appropriated under the preceding sentence
shall remain available until expended.’’.
(b) NATIONAL NURSING SERVICE CORPS SCHOLAR-
SHIP PROGRAM.—Title VIII of the Public Health Service
Act, as amended by subsection (a) of this section, is
amended by adding at the end the following:
‘‘PART I—NATIONAL NURSING SERVICE CORPS
SCHOLARSHIP PROGRAM
‘‘SEC. 871. NATIONAL NURSING SERVICE CORPS SCHOLAR-
SHIP PROGRAM.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall
establish a National Nurse Service Corps Scholarship pro-
gram (referred to in this section as the ‘program’) that
provides scholarships to individuals seeking nursing edu-
cation in exchange for service by such individuals in areas
with nursing shortages.
‘‘(b) PREFERENCE.—In awarding scholarships under
this section, the Secretary shall give preference to appli-
cants with the greatest financial need, and applicants who
agree to serve in health facilities located in areas with
nursing shortages.
‘‘(c) REQUIREMENTS.—To be eligible to participate
in the program, an individual must—
‘‘(1) be accepted for enrollment, or be enrolled,
in a school of nursing, to take courses leading to a
baccalaureate or associate degree in nursing (or an
equivalent degree), or a diploma in nursing;
‘‘(2) submit an application to participate in the
program; and
‘‘(3) enter into an agreement with the Sec-
retary, at the time of submittal of such application,
to—
‘‘(A) accept payment of a scholarship and
remain enrolled in a nursing school;
‘‘(B) maintain an acceptable level of aca-
demic standing; and
‘‘(C) serve as a nurse for a period of not
less than 2 years in an Indian Health Service
health center, a Native Hawaiian health center,
tribal health center, urban Indian health center,
a public or nonprofit private hospital, a health
center under section 330, a rural health clinic,
a public or nonprofit private nursing home,
home health agency, or hospice facility (includ-
ing a home setting), or a public or nonprofit
private health facility determined by the Sec-
retary to have a critical shortage of nurses.
‘‘(d) APPLICATIONS.—
‘‘(1) IN GENERAL.—The application forms for
the programs shall include—
‘‘(A) a fair summary of the rights and li-
abilities of an individual whose application is
approved by the Secretary; and
‘‘(B) information respecting meeting a
service obligation and such other information as
may be necessary for the individual to under-
stand the program.
‘‘(2) ACCESSIBILITY.—The application form
and all other information furnished by the Secretary
shall be written so that it may be understood by the
average individual applying to participate in the pro-
gram. The Secretary shall make such application
forms, and other information available to individuals
desiring to participate in the program, on a date
sufficiently early to ensure that such individuals
have adequate time to carefully review and evaluate
such forms and information.
‘‘(3) DISTRIBUTION.—The Secretary shall dis-
tribute to nursing schools materials providing infor-
mation on the program and shall encourage the
schools to disseminate the materials to students of
the schools.
‘‘(e) SCHOLARSHIP.—
‘‘(1) IN GENERAL.—A scholarship provided to a
student for a school year under a written contract
under the program shall consist of—
‘‘(A) payment to, or (in accordance with
paragraph (2)) on behalf of the student of—
‘‘(i) the tuition of the student in such
school year; and
‘‘(ii) all other reasonable educational
expenses, including fees, books, laboratory
expenses, and living expenses incurred by
the student in such school year; and
‘‘(B) payment to the student of a stipend
of $400 per month for each 12 consecutive
months beginning with the first month of the
school year.
‘‘(2) CONTRACT.—The Secretary may contract
with a nursing school, in which a participant in the
program is enrolled, for the payment to the nursing
school of the amounts of tuition and other reason-
able educational expenses described in paragraph
(1)(A).
‘‘(f) BREACH OF AGREEMENT.—
‘‘(1) IN GENERAL.—In the case of an individual
who enters into an agreement under this section to
provide service as a nurse in consideration for re-
ceiving a scholarship, such individual is liable to the
Federal Government for the amount of such scholar-
ship, and for interest on such scholarship at the
maximum legal prevailing rate, if the individual—
‘‘(A) fails to maintain an acceptable level
of academic standing in the nursing program;
‘‘(B) is dismissed from the nursing pro-
gram for disciplinary reasons;
‘‘(C) voluntarily terminates the nursing
program; or
‘‘(D) fails to provide services in accordance
with the program under this section for the pe-
riod of time applicable under the program.
‘‘(2) WAIVER OR SUSPENSION OF LIABILITY.—
The Secretary shall provide for the waiver or sus-
pension of liability under this section if compliance
by the individual with the agreement is impossible,
or would involve extreme hardship to the individual,
or if enforcement of the agreement with respect to
the individual would be unconscionable.
‘‘(3) DATE CERTAIN FOR RECOVERY.—Subject
to paragraph (2), any amount that the Federal Gov-
ernment is entitled to recover under paragraph (1)
shall be paid to the United States not later than the
expiration of the 3-year period beginning on the date
the United States becomes so entitled.
‘‘(4) AVAILABILITY.—Amounts recovered under
paragraph (1) with respect to a program under this
section shall be available for the purposes of such
program, and shall remain available for such pur-
poses until expended.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) COMMUNITY HEALTH CENTER.—The term
‘community health center’ has the meaning given
such term in section 330(a).
‘‘(2) RURAL HEALTH CLINIC.—The term ‘rural
health clinic’ has the meaning given such term in
section 1861(aa)(2) of the Social Security Act.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of payments under agreements entered into under
subsection (a), there is authorized to be appropriated
$50,000,000 for fiscal year 2002. Amounts appropriated
under the preceding sentence shall remain available until
expended.’’.
(c) RESPONSE TO SHORTAGE OF MEDICAL LABORA-
TORY PERSONNEL.—
(1) 
SCHOLARSHIP
PROGRAM.—Section
338A(a)(1) of the Public Health Service Act (42
U.S.C. 254l(a)(1)) is amended—
(A) by striking ‘‘and’’ after ‘‘practi-
tioners,’’; and
(B) by inserting before the semicolon the
following: ‘‘, and (within the meaning of section
799B(12)) medical technologists and medical
laboratory technicians’’.
(2) 
LOAN
REPAYMENT
PROGRAM.—Section
338B(a)(1) of the Public Health Service Act (42
U.S.C. 254l–1(a)(1)) is amended—
(A) by striking ‘‘and’’ after ‘‘practi-
tioners,’’; and
(B) by inserting before the semicolon the
following: ‘‘, and (within the meaning of section
799B(12)) medical technologists and medical
laboratory technicians’’.
(3) PROGRAMS UNDER TITLE VII.—
(A) ALLIED
HEALTH
AND
OTHER
DIS-
CIPLINES; PREFERENCE IN MAKING AWARDS.—
Section 755 of the Public Health Service Act
(42 U.S.C. 294e)) is amended by adding at the
end the following subsection:
‘‘(c) PREFERENCE IN MAKING AWARDS.—In making
awards of grants and contracts under subsection (a), the
Secretary shall give preference to making awards to assist
entities in meeting the costs associated with expanding or
establishing programs that will increase the number of in-
dividuals trained as medical laboratory personnel.’’.
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—Section 757 of the Public Health Serv-
ice Act (42 U.S.C. 294g(a)) is amended by add-
ing at the end the following subsection:
‘‘(d) ALLIED HEALTH AND OTHER DISCIPLINES.—
For the purpose of carrying out section 755, there is au-
thorized to be appropriated $100,000,000 for fiscal year
2002. Amounts appropriated under the preceding sentence
shall remain available until expended. Such authorization
is in addition to the authorizations of appropriations
under subsection (a) that are available for such purpose.’’.
(4) OTHER TITLE VII PROGRAMS.—Section 740
of the Public Health Service Act (42 U.S.C. 293d)
is amended—
(A) by redesignating subsection (d) as sub-
section (e); and
(B) by inserting after subsection (c) the
following subsection:
‘‘(d) MEDICAL LABORATORY PERSONNEL.—For the
purpose of increasing the number of individuals trained
as medical laboratory personnel through making awards
of grants or contracts under sections 737 through 739 for
appropriate schools of allied health, there are authorized
to be appropriated, in addition to authorizations of appro-
priations under subsections (a) through (c) that are avail-
able for such purpose, the following:
‘‘(1) For awards under section 737 to such
schools, $11,193,000 for fiscal year 2002. Amounts
appropriated under this paragraph shall remain
available until expended.
‘‘(2) For awards under section 738 to serve as
members of the faculty of such schools, $332,500 for
fiscal year 2002. Amounts appropriated under this
paragraph shall remain available until expended.
Amounts appropriated under this paragraph shall
remain available until expended.
‘‘(3) For awards under section 739 to such
schools, $8,200,000 for fiscal year 2002. Amounts
appropriated under this paragraph shall remain
available until expended.’’.
(5) PUBLIC HEALTH EMERGENCIES.—
(A) COMBATING
ANTIMICROBIAL
RESIST-
ANCE.—Section 319E of the Public Health
Service Act (42 U.S.C. 247d–5), as added by
section 102 of Public Law 106–505 (114 Stat.
2315), is amended—
(i) in subsection (c)(3), by inserting
before the period the following: ‘‘, and sup-
port programs that train medical labora-
tory personnel (as defined in section 799B)
in disciplines that recognize or identify the
resistance of pathogens’’; and
(ii) in subsection (e)(2), by inserting
after ‘‘societies,’’ the following: ‘‘schools or
programs that train medical laboratory
personnel (as defined in section 799B),’’.
(B) PUBLIC HEALTH COUNTERMEASURES
TO BIOTERRORIST ATTACK.—Section 319F of
the Public Health Service Act (42 U.S.C.
247d–6), as added by section 102 of Public
Law 106–505 (114 Stat. 2315), is amended—
(A) in subsection (c)(2)—
(i) by striking ‘‘or’’ after ‘‘clinic,’’;
and
(ii) by inserting before the period the
following: ‘‘, or a school or program that
trains medical laboratory personnel (as de-
fined in section 799B)’’; and
(B) in subsection (e)(2), by inserting be-
fore the period the following: ‘‘, and support
programs that train medical laboratory per-
sonnel (as defined in section 799B) in dis-
ciplines that recognize or identify a potential bi-
ological agent’’.
(6) DEFINITION
OF
MEDICAL
LABORATORY
PERSONNEL.—Section 799B of the Public Health
Service Act (42 U.S.C. 295p) is amended by adding
at the end the following:
‘‘(12) The term ‘medical laboratory personnel’
means allied health professionals (as defined in
paragraph (5)) who are medical technologists,
cytotechnologists, histotechnologists, phlebotomists,
or medical laboratory technicians, or who are in
other fields that, within the meaning of section
353(a) (relating to the certification of clinical lab-
oratories), examine materials derived from the
human body for the purpose of providing informa-
tion for the diagnosis, prevention, or treatment of
any disease or impairment of, or the assessment of
the health of, human beings.’’.
(d) EPIDEMIOLOGISTS AND BIOSTATISTICIANS.—For
the purpose of increasing the number of individuals
trained as epidemiologists and biostatisticians through
making awards of grants and contracts to accredited grad-
uate programs in the appropriate schools of public health
and medical schools with special emphasis on schools in
the CDC-designated areas of health disparity, there are
authorized to be appropriated, in addition to other author-
izations of appropriations available for such purpose, the
following:
(1) For awards to enhance existing programs to
meet the needs of bioterrorism in such schools,
$50,000,000 for fiscal year 2002, to remain avail-
able until expended.
(2) For awards to increase the number of fac-
ulty in such schools (with special emphasis on fac-
ulty from CDC-designated areas of health disparity),
$12,000,000 for fiscal year 2002, to remain avail-
able until expended.
(3) For scholarships to students in such schools
(with special emphasis on students from CDC-des-
ignated areas of health disparity), $90,896,000 for
fiscal year 2002, to remain available until expended.
SEC. 102. HOSPITAL CAPACITY AND RESOURCES.
(a) IN GENERAL.—The Secretary of Health and
Human Services (in this title referred to as the ‘‘Sec-
retary’’) shall carry out a program to make awards of
grants or contracts to hospitals and other emergency pro-
viders to enhance their ability and increase their capacity
to treat victims of bioterrorism, including their ability to
detect and contain contagious diseases, expand bed capac-
ity in case of an emergency, and stockpile supplies to use
in an attack.
(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out subsection (a), there is authorized
to be appropriated $295,000,000 for fiscal year 2002.
Amounts appropriated under the preceding sentence shall
remain available until expended.
SEC. 103. PROVIDER TRAINING.
(a) RECOGNIZING BIOTERRORISM VICTIMS; ASSUR-
ING ADEQUATE PERSONNEL.—
(1) IN GENERAL.—The Secretary, in consulta-
tion with State and local departments of public
health, shall carry out a program—
(A) to train health professionals to recog-
nize and treat victims of bioterrorism; and
(B) to assure adequate personnel to effec-
tively treat the increase in patients that would
result from a biological attack.
(2) AUTHORIZATION OF APPROPRIATIONS.—For
the purpose of carrying out paragraph (1), there is
authorized to be appropriated $200,000,000 for fis-
cal year 2002. Amounts appropriated under the pre-
ceding sentence shall remain available until ex-
pended.
(b) MANDATED TRAINING IN RESPONSE TO CHEM-
ICAL AND BIOLOGICAL TERRORISM.—
(1) IN
GENERAL.—The Secretary shall carry
out a program to mandate training in chemical and
biological terrorism response for all medical per-
sonnel, including emergency personnel as well as
community primary care providers.
(2) RELATION TO REGISTRATION WITH DRUG
ENFORCEMENT
ADMINISTRATION.—The 
Attorney
General may not register a health professional under
section 303(f) of the Controlled Substances Act un-
less the health professional has received the training
described in paragraph (1).
Subtitle B—Ensuring an Adequate
Supply of Vaccines and Treat-
ments for All Americans
SEC. 111. SUPPLIES OF VACCINES AND ANTIBIOTICS.
(a) TRAINING AND EQUIPPING PERSONNEL.—
(1) IN
GENERAL.—The Secretary shall carry
out a program—
(A) to improve the ability of public health
agencies, hospitals, and other appropriate com-
munity providers to train and equip personnel
to provide antibiotics and vaccines to attack vic-
tims; and
(B) to improve communication networks so
health professionals can limit the spread of dis-
ease.
(2) AUTHORIZATION OF APPROPRIATIONS.—For
the purpose of carrying out paragraph (1), there is
authorized to be appropriated $200,000,000 for fis-
cal year 2002. Amounts appropriated under the pre-
ceding sentence shall remain available until ex-
pended.
(b) DEVELOPMENT AND PRODUCTION OF NEW AND
IMPROVED VACCINES; ANTIBIOTICS, VACCINES, THERA-
PIES, AND MEDICAL SUPPLIES.—
(1) IN
GENERAL.—The Secretary shall carry
out a program—
(A) to invest in research to develop and
produce new and improved vaccines, thera-
peutics, and antibiotics to respond to chemical
and biological agents that may be used in ter-
rorist activities;
(B) to increase the stockpile of antibiotics,
vaccines, therapies, and medical supplies needed
to respond to potential biological attacks; and
(C) to develop an appropriate rotation sys-
tem for drugs in the stockpile.
(2) AUTHORIZATION OF APPROPRIATIONS.—For
the purpose of carrying out paragraph (1), there is
authorized to be appropriated $1,152,000,000 for
fiscal year 2002. Amounts appropriated under the
preceding sentence shall remain available until ex-
pended.
(c) FOOD AND DRUG ADMINISTRATION.—
(1) FAST TRACK APPROVAL; EXPEDITED EMER-
GENCY
APPROVALS.—In carrying out the Federal
Food, Drug, and Cosmetic Act, the Secretary may—
(A) provide for fast track approval of bio-
terrorism vaccines and antibiotics; and
(B) in emergency situations, approve bio-
terrorism products based on the results of ani-
mal testing.
(2) AUTHORIZATION OF APPROPRIATIONS.—For
the purpose of carrying out paragraph (1), there is
authorized to be appropriated $50,000,000 for fiscal
year 2002. Amounts appropriated under the pre-
ceding sentence shall remain available until ex-
pended.
(d) DIALOGUE WITH ALLIED COUNTRIES.—The Sec-
retary, in collaboration with the Secretary of State, shall
open a dialogue with foreign countries that are allies of
the United States in order to secure their cooperation in
the event that additional stockpiles of bioterrorism vac-
cines and antibiotics or other resources are needed.
(e) SENSE OF CONGRESS REGARDING FIRST RE-
SPONDERS AND SMALLPOX.—It is the sense of the Con-
gress that the Secretary should evaluate the need to im-
munize first responders against smallpox.
Subtitle C—Enhancing Community
Planning 
and 
Intergovern-
mental Coordination
SEC. 121. LOCAL PLANNING GRANTS FOR HEALTH CARE
PROVIDERS.
(a) IN GENERAL.—The Secretary shall carry out a
program to make planning grants directly to community
health care providers to coordinate bioterrorism emer-
gency response procedures within community planning
and response activities. A condition for receiving such
grants is that community health care providers develop a
bioterrorism plan and incorporate that into the local com-
munity-wide bioterrorism response plan.
(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out subsection (a), there is authorized
to be appropriated $100,000,000 for fiscal year 2002.
Amounts appropriated under the preceding sentence shall
remain available until expended.
SEC. 122. PLANNING, TRAINING AND EQUIPMENT FOR
LOCAL GOVERNMENT AND FIRST RESPOND-
ERS.
(a) EXPANSION OF METROPOLITAN MEDICAL RE-
SPONSE SYSTEM.—
(1) IN
GENERAL.—The Secretary shall carry
out a program to expand the number of political
subdivisions participating in the Metropolitan Med-
ical Response System that is coordinated by the Of-
fice of Emergency Preparedness.
(2) AUTHORIZATION OF APPROPRIATIONS.—For
the purpose of carrying out paragraph (1), there is
authorized to be appropriated $50,000,000 for fiscal
year 2002. Amounts appropriated under the pre-
ceding sentence shall remain available until ex-
pended.
(b) FEDERAL EMERGENCY MANAGEMENT AGEN-
CY.—
(1) GRANT PROGRAM.—
(A) IN
GENERAL.—The Director of the
Federal Emergency Management Agency shall
make grants on a competitive basis to units of
local government and emergency response units.
(B) USE OF GRANTS.—Grants made under
this paragraph shall be used to—
(i) develop strategic response plans
that—
(I) provide for a clearly defined
and unified response to a terrorist at-
tack or other catastrophe;
(II) coordinate the activities and
procedures of various emergency re-
sponse units;
(III) 
define 
the 
relationship,
roles, 
responsibilities, 
jurisdictions,
command structures, and communica-
tion protocols of emergency response
units;
(IV) coordinate response proce-
dures with similar emergency response
units in neighboring units of local
government as well as with State and
Federal agencies;
(V) identify potential local tar-
gets of terrorism and include specific
response procedures for each potential
target;
(VI) assess and address threats
and outline coordinated response pro-
cedures; and
(VII) identify areas where addi-
tional training, equipment, or other
assistance is needed to implement
such procedures;
(ii) prepare and issue reports to units
of local government, State legislatures, and
Congress that include recommendations for
specific legislative action; and
(iii) conduct public forums or other
appropriate activities to educate the public
about—
(I) potential threats and steps
the public can take to prepare for
them;
(II) the contents of the strategic
response plans;
(III) how to communicate with
authorities in the event of an emer-
gency;
(IV) the location of safe public
assembly areas or other emergency
shelters; and
(V) other appropriate informa-
tion, including how to access medical
care in response to a biological attack
despite one’s insurance status or cov-
erage.
(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—For the purpose of making grants
under subparagraph (A), there is authorized to
be appropriated $500,000,000 for fiscal year
2002. Amounts appropriated under the pre-
ceding sentence shall remain available until ex-
pended.
(2) STATE EMERGENCY MANAGEMENT COORDI-
NATORS.—The Director of the Federal Emergency
Management Agency shall designate for each State
a representative of the Federal Emergency Manage-
ment Agency to—
(A) advise and assist units of local govern-
ment of the State with the development of stra-
tegic response plans;
(B) act as a liaison between units of local
government of the State and the Federal Gov-
ernment; and
(C) coordinate the sharing of information
about Federal Government initiatives and pro-
tocol.
SEC. 123. STATE MEDICAL DISASTER RESPONSE PLANS RE-
GARDING TERRORIST ATTACKS.
(a) IN GENERAL.—
(1) STATE
PLANS.—The Secretary, acting
through the Director of the Centers for Disease
Control and Prevention, shall cooperate with the
States toward the goal of ensuring that each State
develops a medical disaster response plan regarding
terrorist attacks that use biological or chemical
weapons.
(2) COLLABORATION.—The Secretary shall
carry out this section in collaboration with the As-
sistant to the President for Homeland Security, the
Director of the Federal Emergency Management
Agency, and the Attorney General.
(b) FEDERAL CRITERIA.—The Secretary shall estab-
lish criteria that provide recommendations to the States
for response plans under subsection (a). Such criteria shall
provide that a response plan of a State should, with re-
spect to terrorist attacks described in such subsection,
include—
(1) provisions for a comprehensive assessment
of the response capabilities of the State, including
the capabilities of local governments;
(2) provisions for the storage and distribution
of pharmaceuticals in coordination with the Office of
Emergency Preparedness and the Centers for Dis-
ease Control and Prevention, which provisions
should be designed to meet a standard of providing
supplies for every diagnosed victim within 24 hours
of diagnosis;
(3) provisions for training medical personnel;
and
(4) provisions for hospitals and medical per-
sonnel to conduct emergency drills.
(c) FEDERAL EVALUATION OF PLANS; COORDINA-
TION THROUGH OFFICE OF HOMELAND SECURITY.—The
Secretary shall request that the States submit proposed
response plans under subsection (a) to the Assistant to
the President for Homeland Security. Such Assistant to
the President shall coordinate—
(1) the evaluation of the response plans by the
Secretary, the Director of the Federal Emergency
Management Agency, and the Attorney General; and
(2) the provision to the States of recommenda-
tions regarding modifications to the response plans.
(d) 
REPORT
TO
CONGRESS; 
COORDINATION
THROUGH OFFICE OF HOMELAND SECURITY.—
(1) IN GENERAL.—A report shall be submitted
to the Congress that, on the basis of evaluations
under subsection (c) and of State actions in response
to the evaluations, describes the extent to which the
States are prepared to respond to terrorist attacks
that use biological or chemical weapons.
(2) PREPARATION
OF
REPORT.—The report
under paragraph (1) shall be prepared by the Sec-
retary, the Director of the Federal Emergency Man-
agement Agency, and the Attorney General, and the
Assistant to the President for Homeland Security
shall coordinate the preparation of the report.
SEC. 124. STATE TRAUMA CARE SYSTEMS.
(a) IN GENERAL.—Through trauma-care programs
under title XII of the Public Health Service Act, the Sec-
retary shall carry out activities to assist States and terri-
tories in coordinating their trauma care systems and even-
tually ensuring that such systems can respond to large-
scale bioterrorist attacks.
(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out subsection (a), there is authorized
to be appropriated $60,000,000 for fiscal year 2002.
Amounts appropriated under the preceding sentence shall
remain available until expended.
SEC. 125. INTERGOVERNMENTAL COORDINATION.
The President shall direct the appropriate Federal of-
ficials to carry out a program to strengthen intergovern-
mental coordination through formal arrangements be-
tween jurisdictions, including mutual aid plans. The pro-
gram shall include provisions for additional personnel in
order to authorize the timely purchase of necessary sup-
plies, arrange for authorization of travel, and other gen-
eral coordination of the teams of local firefighters and
other emergency personnel.
SEC. 126. COMMUNICATION BETWEEN FAA AND FEMA.
With respect to airspace that is restricted or closed
in response to a bioterrorist attack, the Administrator of
the Federal Aviation Administration and the Director of
the Federal Emergency Management Agency shall collabo-
rate to develop a plan that provides immediate authority
for personnel of such Agency to travel by aircraft to the
geographic areas affected by the attack, notwithstanding
such restriction or closure of the airspace.
SEC. 127. PUBLIC HEALTH REPRESENTATION ON NSC.
It is the sense of the Congress that the Surgeon Gen-
eral of the Public Health Service should serve as a member
of the National Security Council.
SEC. 128. USE OF COUNTERTERRORISM TECHNOLOGY OF
THE LABORATORIES OF THE NATIONAL NU-
CLEAR SECURITY ADMINISTRATION.
Section 3264 of the National Nuclear Security Ad-
ministration Act (50 U.S.C. 2464) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘The Secretary’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) COUNTERTERRORISM COORDINATOR.—
‘‘(1) IN GENERAL.—There is within the Admin-
istration 
a 
counterterrorism 
coordinator. 
The
counterterrorism coordinator shall, in accordance
with this section—
‘‘(A) coordinate the counterterrorism tech-
nology and expertise of the national security
laboratories;
‘‘(B) make such technology and expertise
available to the Director of the Office of Home-
land Security in a timely and efficient manner;
and
‘‘(C) act as a liaison between such labora-
tories and the Office of Homeland Security.
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.—
For the purpose of providing for the salary of the
counterterrorism coordinator under paragraph (1),
there is authorized to be appropriated $100,000 for
fiscal year 2002. Amounts appropriated under the
preceding sentence shall remain available until ex-
pended.’’.
Subtitle 
D—Enhancing 
Surveil-
lance, Improving Communica-
tions, and Strengthening
SEC. 131. SURVEILLANCE AND TECHNOLOGY INFRASTRUC-
TURE.
(a) ENHANCED
STATE
AND
LOCAL
SURVEIL-
LANCE.—
(1) IN
GENERAL.—The Secretary shall carry
out a program to improve detection through en-
hanced State and local surveillance, train health care
personnel in the detection of illnesses associated with
a biological attack, and upgrade laboratories for im-
proved identification of biological attacks. In car-
rying out the program, the Secretary shall ensure a
seamless public health system by providing for in-
creased staff resources to expand hours that public
health contacts are accessible to local providers.
(2) AUTHORIZATION OF APPROPRIATIONS.—For
the purpose of carrying out paragraph (1), there is
authorized to be appropriated $235,000,000 for fis-
cal year 2002. Amounts appropriated under the pre-
ceding sentence shall remain available until ex-
pended.
(b) ENHANCED CDC SURVEILLANCE.—For the pur-
pose of improving and expanding surveillance capabilities
of the Centers for Disease Control and Prevention, there
is authorized to be appropriated $140,000,000 for fiscal
year 2002. Amounts appropriated under the preceding
sentence shall remain available until expended.
(c) CDC LAB
FOR EMERGING INFECTIOUS DIS-
EASES.—For the purpose of completing the laboratory of
the Centers for Disease Control and Prevention that is
concerned with emerging infectious diseases, there is au-
thorized to be appropriated $12,200,000 for fiscal year
2002. Amounts appropriated under the preceding sentence
shall remain available until expended.
SEC. 
132. 
COMMUNICATIONS 
AND 
TECHNOLOGY 
RE-
SOURCES AND COORDINATION.
(a) IN GENERAL.—The Secretary shall carry out a
program to invest in building technology and communica-
tion capacities of local health care providers, other health
care professionals, and public health agencies, such as the
Health Alert Network and linkages through the Internet,
to detect unique illness patterns. Such systems shall be
built at the local level, utilizing all available resources
(such as health care facilities, private physicians, infec-
tious disease specialists, and other health professionals, in-
cluding veterinarians) and in coordination with State and
Federal health and emergency response agencies.
(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out subsection (a), there is authorized
to be appropriated $100,000,000 for fiscal year 2002.
Amounts appropriated under the preceding sentence shall
remain available until expended.
SEC. 133. INFORMATION FOR FIRST RESPONDERS.
The Secretary shall require State, territory, and Fed-
eral agencies to coordinate with and provide information
to local firefighters and emergency responders to ensure
that they are aware of chemical stockpiles, gas pipelines,
and other dangers in the vicinity of an emergency site.
TITLE 
II—PROTECTING 
AGRI-
CULTURAL PRODUCTION AC-
TIVITIES 
AND 
FOOD 
AND
WATER SUPPLIES
Subtitle A—Keeping Food Sources
and Supplies Safe
SEC. 201. DEPARTMENT OF AGRICULTURE ACTIVITIES TO
REDUCE 
THREATS 
FROM 
AGRICULTURAL
PATHOGENS AND INSECT PESTS AND IN-
CREASE SECURITY OF DEPARTMENT INFOR-
MATION SYSTEMS.
(a) THREAT-REDUCTION ACTIVITIES.—There is au-
thorized to be appropriated $220,000,000 to the Secretary
of Agriculture—
(1) to enhance the ability of the Animal and
Plant Health Inspection Service to prevent and re-
spond to the introduction of viral, bacterial, and
fungal pathogens and insect pests that can harm
crops or livestock and endanger human health;
(2) to improve contacts between the Animal and
Plant Health Inspection Service and local resources,
such as veterinarians and university personnel, to le-
verage Animal and Plant Health Inspection Service
funds and activities;
(3) to increase vaccine research and the produc-
tion of vaccines as a defense against high-threat
plant and animal pathogens; and
(4) to enhance protections against accessible
and internal Department of Agriculture information
systems.
(b) AUTOMATED RECORDKEEPING SYSTEM.—The
Administrator of the Animal and Plant Health Inspection
Service shall implement a central automated record-
keeping system to provide for the reliable tracking of the
status of animal and plant shipments, including those
shipments on hold at ports of entry and customs. The Sec-
retary of Agriculture shall ensure that such a system shall
be fully accessible to or fully integrated with the Food
Safety Inspection Service.
SEC. 202. COORDINATION BETWEEN DEPARTMENT OF AG-
RICULTURE AND FOOD AND DRUG ADMINIS-
TRATION.
(a) IN GENERAL.—The Secretary of Agriculture and
the Secretary of Health and Human Services shall expand
consultation and cooperation between the Department of
Agriculture and the Food and Drug Administration to
provide a coordinated response to deliberate food contami-
nation with a biological agent.
(b) EVALUATION OF RESPONSE PLANS.—As part of
the requirement imposed by subsection (a), the Food and
Drug Administration and the Department of Agriculture
shall test, within six months, their emergency response
plans and procedures using simulated exercises to evaluate
the effectiveness of responses from Federal, State, and
local governments and private industry.
SEC. 203. SUPPORT FOR STATE EFFORTS TO TRACK
FOODBORNE PATHOGENS.
(a) GRANT AUTHORITY.—The Director of the Cen-
ters for Disease Control and Prevention shall increase
grants to States to track foodborne pathogens.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $100,000,000 for State
grants for the purpose specified in subsection (a).
SEC. 204. EXPANSION OF FOOD AND DRUG ADMINISTRA-
TION ACTIVITIES.
(a) IN GENERAL.—The Secretary of Health and
Human Services shall expand the capacity of the Food and
Drug Administration through the conduct of activities
to—
(1) enhance the ability of the Administration to
inspect and ensure the safety and wholesomeness of,
and to ensure the safety of, the food supply;
(2) expand the capacity of the Administration
to inspect and ensure the safety of products of inter-
national origin;
(3) improve linkages between the Administra-
tion and other regulatory agencies of the Federal
Government, the States, the territories, and Indian
tribes with shared responsibilities;
(4) establish a network of agencies to plan, pre-
vent, and mitigate outbreaks of disease related to
terrorist activities; and
(5) otherwise expand the capacity of the Ad-
ministration to protect against the threat of bioter-
rorism.
(b) STATE DEFINED.—In this section, the term
‘‘State’’ has the meaning given such term in section
201(a) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(a)).
SEC. 205. EXPANSION IN NUMBER OF FDA INSPECTORS FOR
DOMESTIC FOOD SHIPMENTS AND DOMESTIC
PRODUCTION FACILITIES.
There is authorized to be appropriated $135,000,000
to the Secretary of Health and Human Services to in-
crease the number of inspectors with the Food and Drug
Administration responsible for the inspection of domestic
food shipments and domestic production facilities.
SEC. 206. ADDITIONAL AUTHORITIES OF FOOD AND DRUG
ADMINISTRATION 
REGARDING 
IMPORTED
FOOD SAFETY.
(a) FDA INSPECTIONS.—Section 801 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 381) is amend-
ed by adding at the end the following subsection:
‘‘(h) No food offered for import into the United
States may enter domestic commerce unless an inspector
of the Food and Drug Administration is present and au-
thorizes such entry.’’.
(b) AUTHORITY TO LIMIT PORTS OF ENTRY AND IM-
PORTS FROM COUNTRIES THAT SUPPORT TERRORISM.—
Section 801 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 381) is amended—
(1) by striking ‘‘(b) Pending decision’’ and in-
serting ‘‘(b)(1) Pending decision’’, and by redesig-
nating subsection (c) as paragraph (2) of subsection
(b); and
(2) by inserting after subsection (b) the fol-
lowing subsection:
‘‘(c)(1) The Secretary may limit the ports of entry
into the United States through which food, or particular
foods or food products, or food from particular points of
origin or with particular chains of distribution, is author-
ized to be imported or offered for import if the Secretary
determines that such action is necessary for the Secretary
to carry out this subsection effectively.
‘‘(2) If the Secretary of State determines that the
government of a foreign country has supported or other-
wise aided or abetted one or more acts of international
terrorism, the Secretary of Health and Human Services
shall deny approval for the entry into the United States
for all food prepared, packed, held, manufactured, or proc-
essed in the foreign country.’’.
(c) PRIOR
NOTICE
OF
IMPORTED
FOOD
SHIP-
MENTS.—Section 801 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381) is amended by adding at
the end the following subsection:
‘‘(j) PRIOR NOTICE
OF IMPORTED FOOD SHIP-
MENTS.—
‘‘(1) IN GENERAL.—At least 4 hours before a
food is imported or offered for importation into the
United States, the producer, manufacturer, or ship-
per of the food shall provide documentation to the
Secretary of the Treasury and the Secretary of
Health and Human Services that—
‘‘(A) identifies—
‘‘(i) the food;
‘‘(ii) the countries of origin of the
food; and
‘‘(iii) the quantity to be imported; and
‘‘(B) includes such other information as
the Secretary may require by regulation.
‘‘(2) REFUSAL OF ADMISSION.—If documenta-
tion is not provided as required by paragraph (1) at
least 4 hours before the food is imported or offered
for importation, the food may be refused admission.
‘‘(3) LIMITATION.—Nothing in this subsection
shall be construed to authorize the Secretary to im-
pose any requirements with respect to a food to the
extent that it is within the exclusive jurisdiction of
the Secretary of Agriculture pursuant to the Federal
Meat Inspection Act (21 U.S.C. 601 et seq.), the
Poultry Products Inspection Act (21 U.S.C. 451 et
seq.), or the Egg Products Inspection Act (21
U.S.C. 1031 et seq.).’’.
(d) RECALL
AUTHORITY
REGARDING
IMPORTED
FOOD.—Chapter VIII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381 et seq.) is amended by in-
serting after section 801 the following section:
‘‘RECALL AUTHORITY REGARDING IMPORTED FOOD
‘‘SEC. 801A. (a) IN GENERAL.—If the Secretary de-
termines that there is a reasonable basis for believing that
food imported into the United States has been inten-
tionally adulterated, the following applies:
‘‘(1) The Secretary shall issue an order requir-
ing the appropriate persons (including importers,
distributors, or retailers) to immediately cease dis-
tribution of the food.
‘‘(2) In the case of a food to which an order
under subparagraph (A) applies, the provisions of
paragraphs (1) and (2)(A) of section 518(e) regard-
ing an informal hearing, and amending an order of
the Secretary to require a recall, apply with respect
to the food to the same extent and in the same man-
ner as such provisions apply with respect to devices.
‘‘(b) INFANT FORMULA.—With respect to the recall
of infant formula, section 412(e) applies in lieu of sub-
section (a) of this section.’’.
(e) DEVELOPMENT OF RAPID TEST TECHNOLOGY.—
Section 801 of the Federal Food, Drug, and Cosmetic Act,
as amended by subsection (c), is amended by adding at
the end the following subsection:
‘‘(k) 
DEVELOPMENT
OF
RAPID
TEST
TECH-
NOLOGY.—(1) The Secretary shall (directly or through
grants or contracts) provide for research on the develop-
ment of tests and sampling methodologies, for use in in-
spections of food under this section—
‘‘(A) whose purpose is to determine whether
food is adulterated by reason of being contaminated
with microorganisms or pesticide chemicals or re-
lated residues; and
‘‘(B) whose results are available not later than
approximately 60 minutes after the administration
of the tests.
‘‘(2) In providing for research under paragraph (1),
the Secretary shall give priority to conducting research on
the development of tests that are suitable for inspections
of food at ports of entry into the United States, with the
greatest priority given to the development of such tests
that the Secretary determines would be useful in detecting
the intentional adulteration of food.
‘‘(3) In providing for research under paragraph (1),
the Secretary shall give priority to conducting research on
the development of tests for detecting the presence in food
of the pathogens E. coli, salmonella, cyclospora,
cryptosporidium, hepatitis A, or listeria, the presence in
or on food of pesticide chemicals and related residues, and
the presence in or on food of such other pathogens or sub-
stances as the Secretary determines to be appropriate, in-
cluding any pathogen or substance that the Secretary de-
termines is a candidate for use to intentionally adulterate
food. The Secretary shall establish the goal of developing,
by the expiration of the three-year period beginning on
the date of the enactment of this subsection, tests under
paragraph (1) for each of the pathogens and substances
receiving priority under the preceding sentence.’’.
(f) EXPANDED DETENTION AUTHORITY.—Section
304 of the Federal Food, Drug and Cosmetic Act (21
U.S.C. 334) is amended by adding at the end the following
subsection:
‘‘(h) ADMINISTRATIVE DETENTION OF FOODS.—
‘‘(1) AUTHORITY.—Any officer or employee of
the Food and Drug Administration may order the
detention, in accordance with this subsection, of any
article of food that is found during an inspection, ex-
amination, or investigation under this Act conducted
by such officer or employee, if the officer or em-
ployee has credible epidemiologic evidence or infor-
mation indicating that the article is in violation of
this Act and poses a risk to human or animal health.
‘‘(2) PERIOD
OF
DETENTION; APPROVAL
BY
SECRETARY OR SECRETARY’S DESIGNEE.—
‘‘(A) DURATION.—An article of food may
be detained under this subsection for a reason-
able period, not to exceed 20 days, sufficient to
enable the Secretary to institute an action
under subsection (a) or section 302.
‘‘(B) SECRETARY’S APPROVAL.—Before an
article of food may be ordered detained under
this subsection, the Secretary or an officer or
employee designated by the Secretary must ap-
prove such order, after determining that the
distribution of the food would threaten human
or animal health.
‘‘(3) SECURITY OF DETAINED ARTICLE.—A de-
tention order under this subsection with respect to
an article of food may require that the article be la-
beled or marked as detained, and may require that
the article be removed to a secure facility. An article
subject to a detention order under this subsection
shall not be moved by any person from the place at
which it is ordered detained until release by the Sec-
retary, or the expiration of the detention period ap-
plicable to such order, whichever occurs first.
‘‘(4) APPEAL OF DETENTION ORDER.—Any per-
son who would be entitled to claim a detained article
if it were seized under subsection (a) may appeal to
the Secretary the detention order under this sub-
section. Within 15 days after such an appeal is filed,
the Secretary, after affording opportunity for an in-
formal hearing, shall by order confirm the detention
order or revoke it.
‘‘(5) PERISHABLE FOODS.—The Secretary may
provide in regulation or in guidance for procedures
for instituting and appealing on an expedited basis
administrative detention of perishable foods.’’.
(g) DEBARMENT FOR REPEATED OR SERIOUS FOOD
IMPORT VIOLATIONS.—
(1) 
PERMISSIVE
DEBARMENT.—Section
306(b)(1) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 335a(b)(1)) is amended—
(A) by striking the period at the end of
subparagraph (B) and inserting ‘‘; or’’; and
(B) by adding at the end the following:
‘‘(C) a person from importing a food or of-
fering a food for import into the United States
if—
‘‘(i) the person has been convicted of
a felony for conduct relating to the impor-
tation into the United States of any food;
or
‘‘(ii) the person has repeatedly or de-
liberately imported or offered for import
adulterated or misbranded food.’’.
(2) 
CONFORMING
AMENDMENT.—Section
306(b)(2) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 335a(b)(2)) is amended—
(A) in the paragraph heading, by inserting
‘‘RELATING
TO
DRUG
APPLICATIONS’’ after
‘‘DEBARMENT’’; and
(B) in the matter preceding subparagraph
(A), by striking ‘‘paragraph (1)’’ and inserting
‘‘subparagraphs (A) and (B) of paragraph (1)’’.
(3) 
DEBARMENT
PERIOD.—Section
306(c)(2)(A)(iii) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 335a(c)(2)(A)(iii)) is
amended by striking ‘‘subsection (b)(2)’’ and insert-
ing ‘‘subsection (b)(1)(C) or (b)(2)’’.
(4) TERMINATION
OF
DEBARMENT.—Section
306(d)(3) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 335a(d)(3)) is amended—
(A) in subparagraph (A)(i), by striking ‘‘or
(b)(2)(A)’’ and inserting ‘‘, or (b)(2)(A), or
(b)(1)(C)’’;
(B) in subparagraph (A)(ii)(II), by insert-
ing ‘‘in applicable cases,’’ before ‘‘sufficient au-
dits’’; and
(C) in subparagraph (B), in each of
clauses (i) and (ii), by inserting ‘‘or (b)(1)(C)’’
after ‘‘(b)(2)(B)’’.
(5) EFFECTIVE
DATES.—Section 306(l)(2) of
the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 335a(l)(2)) is amended—
(A) in the first sentence, by inserting ‘‘and
subsection 
(b)(1)(C)’’ 
after 
‘‘subsection
(b)(2)(B)’’; and
(B) in the second sentence, by striking
‘‘and subsections (f) and (g) of this section’’
and inserting ‘‘subsections (f) and (g), and sub-
section (b)(1)(C)’’.
(h) FAILURE TO PROVIDE COUNTRY-OF-ORIGIN LA-
BELING FOR CERTAIN FOODS.—Section 403 of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 343) is
amended by adding at the end the following:
‘‘(t) If it is a food intended for human consumption,
it is grown, prepared, packed, manufactured, or processed
in a foreign country, and it fails, at the time the food is
offered for retail sale, to bear or be accompanied by label-
ing that identifies the country or countries in which the
food was grown, prepared, packed, manufactured, or proc-
essed, except that this paragraph does not apply to food
offered for retail sale by restaurants or other eating estab-
lishments.’’.
(i) PROHIBITED ACTS.—Section 301 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amend-
ed by inserting after subsection (aa) the following:
‘‘(bb) Knowingly making a false statement in docu-
mentation required under section 801(j).
‘‘(cc) The movement of an article of food in violation
of an order under section 304(h), or the removal or alter-
ation of any mark or label required by the order in order
to identify the article as detained.’’.
(j) CONFORMING AMENDMENTS.—(1) Section 801 of
the Federal Food, Drug, and Cosmetic Act, as amended
by subsection (b), is amended in subsection (b)(2) by
striking ‘‘subsection (b)’’ and inserting ‘‘paragraph (1)’’.
(2) Section 402 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 342) is amended by adding at the
end the following:
‘‘(h) If it is an article of food imported or offered
for import into the United States by, with the assistance
of, or at the direction of, a person debarred under section
306(b)(1)(C).’’.
(k) INCREASE
IN NUMBER
OF INSPECTORS
AT
UNITED STATES PORTS OF ENTRY.—Using funds appro-
priated pursuant to the authorization of appropriations in
subsection (l), the Secretary of Health and Human Serv-
ices shall increase the number of inspectors with the Food
and Drug Administration responsible for the inspection at
ports of entry into the United States.
(l) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $270,000,000 to carry out
subsection (k) and the amendments made by this section.
SEC. 207. MAINTENANCE AND INSPECTION OF RECORDS
FOR FOODS.
(a) IN GENERAL.—Chapter IV of the Federal Food,
Drug and Cosmetic Act (21 U.S.C. 341 et seq.) is amend-
ed by adding at the end the following:
‘‘SEC. 414. MAINTENANCE AND INSPECTION OF RECORDS.
‘‘(a) IN GENERAL.—If the Secretary has reason to
believe that an article of food is in violation of this Act,
each person that manufactures, processes, packs, distrib-
utes, receives, holds, or imports such food shall, at the
request of an officer or employee duly designated by the
Secretary, permit such officer or employee, upon presen-
tation of appropriate credentials and a written notice to
such person, at reasonable times and within reasonable
limits and in a reasonable manner, to have access to and
to copy all records that may assist the Secretary to deter-
mine the cause and scope of the violation. This require-
ment applies to all records relating to such manufacture,
processing, packing, distribution, receipt, holding, or im-
portation maintained by or on behalf of such person in
any format (including paper and electronic formats) and
at any location. However, this authority does not extend
to the recipe of any food.
‘‘(b) 
REGULATIONS
CONCERNING
RECORD-
KEEPING.—The Secretary may promulgate regulations re-
garding the maintenance of records by persons such as
those that manufacture, process, pack, transport, dis-
tribute, receive, hold, or import food, as may be needed
to allow the Secretary—
‘‘(1) to promptly trace the source and chain of
distribution of food, its components and ingredients,
and its packaging to address threats of serious ad-
verse health consequences to humans and animals;
or
‘‘(2) to determine whether food manufactured,
processed, packed, or held by the person may be
adulterated, or misbranded, to the extent that it
poses a risk to public health, under this Act.
The Secretary may impose reduced requirements under
such regulations for small businesses with 50 or fewer em-
ployees. The regulations shall not extend to the recipe of
any food.
‘‘(c) LIMITATIONS.—Nothing in this section shall be
construed—
‘‘(1) to limit the authority of the Secretary to
inspect records or to require maintenance of records
under any other provision of or regulations issued
under this Act;
‘‘(2) to authorize the Secretary to impose any
requirements with respect to a food to the extent
that it is within the exclusive jurisdiction of the Sec-
retary of Agriculture pursuant to the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.), the Poultry
Products Inspection Act (21 U.S.C. 451 et seq.), or
the Egg Products Inspection Act (21 U.S.C. 1031 et
seq.), or
‘‘(3) to alter or amend in any way section 552
of title 5 or section 1995 of title 18, United States
Code.
‘‘(d) INTERIM FINAL REGULATION.—A proposed reg-
ulation establishing record requirements under subsection
(b)(1) shall be effective upon publication pending consider-
ation of public comment and publication of a final regula-
tion, and it shall be considered final agency action for pur-
poses of judicial review.’’.
(b) FACTORY INSPECTION.—Section 704(a) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(a))
is amended—
(1) in paragraph (1), by adding after the first
sentence the following: ‘‘In the case of any person
that manufactures, processes, packs, transports, dis-
tributes, receives, holds, or imports foods, the in-
spection shall extend to all records and other infor-
mation described in section 414(a), or required to be
maintained pursuant to section 414(b).’’; and
(2) in paragraph (2), in the matter preceding
subparagraph (A), by striking ‘‘second sentence’’
and inserting ‘‘third sentence’’.
(c) PROHIBITED ACT.—Section 301 of the Federal
Food, Drug and Cosmetic Act (21 U.S.C. 331) is
amended—
(1) in subsection (e)—
(A) by striking ‘‘by section 412, 504, or
703’’ and inserting ‘‘by section 412, 414, 504,
703, or 704(a)’’; and
(B) by striking ‘‘under section 412’’ and
inserting ‘‘under section 412, 414(b)’’; and
(2) in section (j), by inserting ‘‘414,’’ after
‘‘412,’’.
SEC. 208. REGISTRATION OF FOOD MANUFACTURING,
PROCESSING, AND HANDLING FACILITIES.
(a) IN GENERAL.—Chapter IV of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 341 et seq.), as
amended by section 207, is further amended by adding
at the end the following:
‘‘SEC. 415. REGISTRATION OF FOOD MANUFACTURING,
PROCESSING, AND HANDLING FACILITIES.
‘‘(a) REGISTRATION.—
‘‘(1) IN
GENERAL.—Any facility engaged in
manufacturing, processing, or handling food for con-
sumption in the United States, including any facility
of an importer, shall be registered with the Sec-
retary.
‘‘(2) SUBMISSION OF REGISTRATION.—In order
to be registered—
‘‘(A) for a domestic facility not described
in subparagraph (B), the owner, operator, or
agent in charge of the facility shall submit a
registration to the Secretary; and
‘‘(B) for a facility of an importer, or for a
foreign facility, the importer seeking to import
the food product manufactured, processed, or
handled in the facility shall submit the registra-
tion.
‘‘(3) REGISTRATION.—
‘‘(A) IN GENERAL.—An entity (referred to
in this section as the ‘registrant’) shall submit
the registration under this subsection to the
Secretary in such manner and containing such
information as the Secretary shall prescribe.
The person described in paragraph (2) shall
submit the application as provided for by the
Secretary.
‘‘(B) CONTENTS.—In the case of a reg-
istration submitted for a foreign facility, the
registration shall contain, at a minimum, such
information as the Secretary may require dem-
onstrating that the facility, and the foreign na-
tion involved, will permit inspections by duly
commissioned officers or employees of the Sec-
retary.
‘‘(4) PROCEDURE.—Upon receipt and review of
a completed registration described in paragraph (1),
the Secretary shall issue to the registrant a certifi-
cate of registration.
‘‘(b) LIST OF REGISTERED FACILITIES.—The Sec-
retary shall compile and maintain an up-to-date list of fa-
cilities that are registered under this section. Such list
shall not be subject to the disclosure requirements of sec-
tion 552 of title 5, United States Code.
‘‘(c) EXEMPTION AUTHORITY.—The Secretary may
by regulation exempt types of retail establishments or
farms from the requirements of subsection (a) if the Sec-
retary determines that the registration of such facilities
is not needed for effective enforcement of chapter IV and
any regulations issued under such chapter.
‘‘(d) FACILITY.—In this section, the term ‘facility’ in-
cludes any factory, warehouse, or establishment (including
a factory, warehouse, or establishment of an importer),
that manufactures, handles, or processes food. The term
does not include a restaurant or other food service facility
that serves food to consumers.’’.
(b) ADULTERATED FOODS.—Section 402 of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 342) is
amended by adding at the end the following:
‘‘(h) If it is a food from a facility for which a registra-
tion has not been submitted to the Secretary under section
415(a).’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (b) shall take effect 60 days after the date of
enactment of this Act.
SEC. 209. RELATIONSHIP TO TREATY OBLIGATIONS.
The Secretary of Agriculture and the Secretary of
Health and Human Services shall carry out this subtitle
and the amendments made by this subtitle consistent with
international trade agreements.
Subtitle B—Safe Water Supply
SEC. 211. VULNERABILITY ASSESSMENTS AND EMERGENCY
RESPONSE PLANS.
(a) VULNERABILITY ASSESSMENTS.—The Adminis-
trator of the Environmental Protection Agency shall, by
contract or otherwise, undertake vulnerability assessments
for public water systems to take into account possible
chemical, biological or radiological attacks water and
wastewater infrastructure facilities, including but not lim-
ited to storage, collection, treatment, and distribution sys-
tems. There is authorized to be appropriated $66,000,000
for fiscal year 2002 to carry out this subsection; such
amount shall remain available until expended.
(b) EMERGENCY RESPONSE PLANS.—The Adminis-
trator of the Environmental Protection Agency shall re-
view emergency response plans and operations of public
water systems to ensure that such plans take into account
possible chemical, biological or radiological attacks on
drinking water storage, treatment and distribution sys-
tems and other drinking water system infrastructure fa-
cilities. The Administrator shall provide financial and
technical assistance to public water systems which do not
have emergency response plans adequate to address such
threats. 
There 
is 
authorized 
to 
be 
appropriated
$55,000,000 for fiscal year 2002 to carry out this sub-
section; such amount shall remain available until ex-
pended.
SEC. 212. RESEARCH AND DEVELOPMENT.
The Administrator of the Environmental Protection
Agency, acting through the Assistant Administrator for
Water, in consultation with the Secretary of Energy, shall
conduct research and development of technology to mon-
itor and detect chemical, biological and radiological con-
tamination of public water systems providing drinking
water. There is authorized to be appropriated $3,000,000
for fiscal year 2002 to carry out this subsection; such
amount shall remain available until expended.
SEC. 213. BASIC SECURITY ENHANCEMENTS.
The Administrator of the Environmental Protection
Agency, in coordination with the Assistant to the Presi-
dent for Homeland Security shall provide assistance to
public water systems providing drinking water to make
basic security enhancements of critical importance at pub-
lic water system facilities (including security personnel,
management systems, operating procedures re-keying
locks, cameras, fencing, and intrusion alert systems).
There is authorized to be appropriated $60,000,000 for
fiscal year 2002 to carry out this subsection; such amount
shall remain available until expended.
SEC. 214. ELECTRONIC SECURITY.
The Administrator of the Environmental Protection
Agency shall assist public water systems that provide
drinking water to prevent and defeat electronic attacks on
the information systems of such systems at water infra-
structure facilities and to provide additional funding for
the agency’s Supervisory Control and Data Acquisition
Program. There is authorized to be appropriated
$80,000,000 for fiscal year 2002 to carry out this sub-
section; such amount shall remain available until ex-
pended.
SEC. 215. DEFINITION.
As used in this subtitle, the term ‘‘water and waste-
water infrastructure facility’’ means either of the fol-
lowing:
(1) A public water system, as defined in section
1401(4) of the Safe Drinking Water Act (42 U.S.C.
300f(4).
(2) A treatment works, as defined in section
212 of the Clean Water Act (33 U.S.C. 1292), that
is publicly owned or principally treating municipal
waste water of domestic sewage.
TITLE III—ENHANCING LAW EN-
FORCEMENT’S 
ABILITY 
TO
PROTECT THE NATION
Subtitle A—Providing the Right
Tools to Law Enforcement Agen-
cies
SEC. 301. EXPANSION OF BIOLOGICAL WEAPONS STATUTE.
(a) SELECT AGENTS.—
(1) IN
GENERAL.—Section 175 of title 18,
United States Code, as amended by section 817 of
Public Law 107–56, is amended by adding at the
end the following subsection:
‘‘(d) ADDITIONAL PROVISIONS REGARDING SELECT
AGENTS.—
‘‘(1) UNSAFE HANDLING.—
‘‘(A) IN
GENERAL.—Whoever possesses,
uses, or exercises control over a select agent in
a manner constituting reckless disregard for the
public health and safety, knowing the select
agent to be a biological agent or toxin, shall be
fined under this title, imprisoned for not more
than one year, or both.
‘‘(B) AGGRAVATED
OFFENSE.—Whoever,
in the course of a violation of subparagraph
(A), causes bodily injury to another shall be
fined under this title, or imprisoned for not
more than 10 years, or both; except that if
death results from such violation, the person
committing the violation shall be fined under
this title, or imprisoned for any term of years
or for life, or both.
‘‘(2) UNREGISTERED FOR POSSESSION.—Who-
ever knowingly possesses a biological agent or toxin
where such agent or toxin is a select agent for which
such person has not obtained a registration under
section 511(f) of the Antiterrorism and Effective
Death Penalty Act of 1996 shall be fined under this
title, or imprisoned for not more than 5 years, or
both.
‘‘(3) TRANSFER TO UNREGISTERED PERSON.—
Whoever knowingly transfers a select agent to a per-
son who has not obtained a registration under sec-
tion 511(e) of the Antiterrorism and Effective Death
Penalty Act of 1996 shall be fined under this title,
or imprisoned for not more than 5 years, or both.
‘‘(4) DEFINITIONS.—As used in this section:
‘‘(A) The term ‘bodily injury’ has the
meaning given such term in section 1365.
‘‘(B) The term ‘select agent’ has the mean-
ing applicable under section 175b.’’.
(2) RESTRICTED
PERSONS.—Section 175b of
title 18, United States Code, as added by section
817 of Public Law 107–56, is amended in subsection
(b)(2)—
(A) by striking subparagraphs (E) and
(G);
(B) by redesignating subparagraphs (A)
through (D), and subparagraphs (F) and (H),
as clauses (i) through (vi), respectively;
(C) in clause (vi) (as so redesignated), by
striking the period and inserting a semicolon;
(D) by adding at the end the following
clauses:
‘‘(vii) is an alien illegally or unlawfully in
the United States; or
‘‘(viii) is any other alien, other than an
alien lawfully admitted for permanent residence
or an alien who under subparagraph (B) is con-
sidered not to be a restricted person.’’;
(E) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(F) by adding at the end the following sub-
paragraph:
‘‘(B) For purposes of subparagraph (A)(viii):
‘‘(i) An alien is considered not to be a re-
stricted person if the alien is within a category
designated under clause (ii) of this subpara-
graph.
‘‘(ii) The Secretary of Health and Human
Services, in consultation with the Attorney Gen-
eral, may designate categories of individuals
who have—
‘‘(I) nonimmigrant visas as defined in
section 101(a)(26) of the Immigration and
Nationality Act; and
‘‘(II) expertise valuable to the United
States regarding select agents.
‘‘(iii) In designating categories under
clause (ii), the Secretary, in consultation with
the Attorney General, shall take into account
whether aliens are nationals of a country as to
which the Secretary of State, pursuant to sec-
tion 6(j) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)), section 620A of
chapter 1 of part M of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371), or section 40(d)
of chapter 3 of the Arms Export Control Act
(22 U.S.C. 2780(d)), has made a determination
(that remains in effect) that such country has
repeatedly provided support for acts of inter-
national terrorism.’’.
(3) 
CONFORMING
AMENDMENT.—Section
175(a) of title 18, United States Code, is amended
in the second sentence by striking ‘‘under this sec-
tion’’ and inserting ‘‘under this subsection’’.
(b) AMENDMENTS TO ANTITERRORISM AND EFFEC-
TIVE DEATH PENALTY ACT OF 1996.—
(1) POSSESSION AND USE.—
(A) IN
GENERAL.—Section 511 of the
Antiterrorism and Effective Death Penalty Act
of 1996 (Public Law 104–132) is amended—
(i) by striking subsection (f);
(ii) by redesignating subsection (g) as
subsection (i); and
(iii) by inserting after subsection (e)
the following subsection:
‘‘(f) POSSESSION AND USE OF LISTED BIOLOGICAL
AGENTS AND TOXINS.—
‘‘(1) IN GENERAL.—The Secretary shall by reg-
ulation provide for the establishment and enforce-
ment of standards and procedures governing the
possession and use of biological agents and toxins
listed pursuant to subsection (d)(1) in order to pro-
tect the public health and safety, including safe-
guards to prevent access to such agents and toxins
for use in domestic or international terrorism or for
any other criminal purpose.
‘‘(2) REGISTRATION.—Regulations under para-
graph (1) shall provide for registration requirements
regarding the possession and use of biological agents
and toxins listed pursuant to subsection (d)(1).’’.
(B) REGULATIONS.—
(i) DATE
CERTAIN
FOR
PROMULGA-
TION; EFFECTIVE DATE REGARDING CRIMI-
NAL
AND
CIVIL
PENALTIES.—Not later
than 30 days after the date of the enact-
ment of this Act, the Secretary of Health
and Human Services shall promulgate an
interim final rule for carrying out section
511(f) of the Antiterrorism and Effective
Death Penalty Act of 1996, as added by
subparagraph (A) of this paragraph. Such
interim final rule takes effect 60 days after
the date on which such rule is promul-
gated, including for purposes of—
(I) section 175(b)(2) of title 18,
United States Code (relating to crimi-
nal penalties), as added by subsection
(a)(1)(B) of this section; and
(II) 
section 
511(h) 
of 
the
Antiterrorism and Effective Death
Penalty Act of 1996 (relating to civil
penalties), as added by paragraph (3)
of this subsection.
(ii) SUBMISSION
OF
REGISTRATION
APPLICATIONS.—In the case of a person
who, as of the date of the enactment of
this Act, is in possession of a biological
agent or toxin that is listed pursuant to
section 511(d)(1) of the Antiterrorism and
Effective Death Penalty Act of 1996, such
person shall, in accordance with the in-
terim final rule promulgated under clause
(i), submit an application for a registration
to possess such agent or toxin not later
than 30 days after the date on which such
rule is promulgated.
(2) DISCLOSURES OF INFORMATION.—
(A) IN
GENERAL.—Section 511 of the
Antiterrorism and Effective Death Penalty Act
of 1996, as amended by paragraph (1) of this
subsection, is amended by inserting after sub-
section (f) the following subsection:
‘‘(g) DISCLOSURE OF INFORMATION.—
‘‘(1) IN
GENERAL.—Any information in the
possession of any Federal agency that identifies a
person, or the geographic location of a person, who
is registered pursuant to regulations under this sec-
tion (including regulations promulgated before the
effective date of this subsection), and any site-spe-
cific information relating to the type, quantity, or
identity of a biological agent or toxin listed pursuant
to subsection (d)(1) or the site-specific security
mechanisms in place to protect such agents and tox-
ins, shall not be disclosed under section 552(a) of
title 5, United States Code.
‘‘(2) DISCLOSURES FOR PUBLIC HEALTH AND
SAFETY; CONGRESS.—Nothing in this section may be
construed as preventing the head of any Federal
agency—
‘‘(A) from making disclosures of informa-
tion described in paragraph (1) for purposes of
protecting the public health and safety; or
‘‘(B) from making disclosures of such in-
formation to any committee or subcommittee of
the Congress with appropriate jurisdiction,
upon request.’’.
(B) EFFECTIVE DATE.—The effective date
for the amendment made by subparagraph (A)
shall be the same as the effective date for the
final rule issued pursuant to section 511(d)(1)
of the Antiterrorism and Effective Death Pen-
alty Act of 1996 (Public Law 104–132).
(3) CIVIL
PENALTIES.—Section 511 of the
Antiterrorism and Effective Death Penalty Act of
1996, as amended by paragraphs (1) and (2) of this
subsection, is amended by inserting after subsection
(g) the following subsection:
‘‘(h) CIVIL PENALTY.—Any person who violates a
regulation under subsection (e) or (f) shall be subject to
the United States for a civil penalty in an amount not
exceeding $250,000 in the case of an individual and
$500,000 in the case of any other person.’’.
(4) CLARIFICATION
OF
SCOPE
OF
SELECT
AGENT
RULE; TERRORISM; RESPONSIBILITIES
OF
SECRETARY OF HEALTH AND HUMAN SERVICES.—
(A) IN
GENERAL.—Section 511 of the
Antiterrorism and Effective Death Penalty Act
of 1996 (Public Law 104–132) is amended—
(i) in each of subsections (d) and
(e)—
(I) by inserting ‘‘and toxins’’
after ‘‘agents’’ each place such term
appears; and
(II) by inserting ‘‘or toxin’’ after
‘‘agent’’ each place such term ap-
pears; and
(ii) in subsection (i) (as redesignated
by paragraph (1) of this subsection), in
paragraph (1), by striking ‘‘the term ‘bio-
logical agent’ has’’ and inserting ‘‘the
terms ‘biological agent’ and ‘toxin’ have’’.
(B) EFFECTIVE DATE.—The effective date
for the amendments made by subparagraph (A)
shall be as if the amendments had been in-
cluded in the enactment of section 511 of the
Antiterrorism and Effective Death Penalty Act
of 1996 (Public Law 104–132).
(5) CONFORMING AMENDMENTS.—Section 511
of the Antiterrorism and Effective Death Penalty
Act of 1996 (Public Law 104–132) is amended—
(A) in subsection (d)(1)(A), by striking
‘‘shall, through regulations promulgated under
subsection (f),’’ and inserting ‘‘shall by regula-
tion’’;
(B) in subsection (e), in the matter pre-
ceding paragraph (1), by striking ‘‘shall,
through regulations promulgated under sub-
section (f),’’ and inserting ‘‘shall by regula-
tion’’;
(C) in subsection (d)—
(i) in the heading for the subsection,
by 
striking 
‘‘AGENTS’’ 
and 
inserting
‘‘AGENTS AND TOXINS’’; and
(ii) in the heading for paragraph (1),
by 
striking 
‘‘AGENTS’’ 
and 
inserting
‘‘AGENTS AND TOXINS’’; and
(D) in the heading for subsection (e), by
striking ‘‘AGENTS’’ and inserting ‘‘AGENTS AND
TOXINS’’.
(c) REPORT TO CONGRESS.—Not later than one year
after the date of the enactment of this Act, the Secretary
of Health and Human Services, after consultation with
other appropriate Federal agencies, shall submit to the
Congress a report that—
(1) describes the extent to which there has been
compliance by governmental and private entities
with applicable regulations under section 511 of the
Antiterrorism and Effective Death Penalty Act of
1996 (Public Law 104–132), including the extent of
compliance before the date of the enactment of this
Act, and including the extent of compliance with
regulations promulgated after such date of enact-
ment;
(2) describes the future plans of the Secretary
for determining compliance with regulations under
such section 511 and for taking appropriate enforce-
ment actions; and
(3) provides any recommendations of the Sec-
retary for administrative or legislative initiatives re-
garding such section 511.
SEC. 302. IDENTIFYING LOCATION OF TRANSPORT VEHI-
CLES.
(a) GPS AND
WIRELESS
IDENTIFICATION
SYS-
TEMS.—To assist in preventing or responding to bioter-
rorist attacks, the Attorney General shall carry out a pro-
gram to use global positioning satellites and wireless iden-
tification systems to monitor commercial traffic in high-
risk areas and border areas.
(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out subsection (a), there is authorized
to be appropriated $10,000,000 for fiscal year 2002.
Amounts appropriated under the preceding sentence shall
remain available until expended.
SEC. 303. TRAINING FOR FIRST RESPONDERS.
(a) FIREFIGHTER COUNTERTERRORISM GRANTS.—