I
107TH CONGRESS
1ST SESSION
H. R. 3153
To assist States in preparing for, and responding to, biological or chemical
terrorist attacks.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 17, 2001
Mr. BLAGOJEVICH introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To assist States in preparing for, and responding to,
biological or chemical terrorist attacks.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘State Bioterrorism
Preparedness Act’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) State governments are viewed as strong
partners in the United States’ national security ef-
forts, particularly as related to domestic terrorism.
(2) Information sharing is a critical part of ter-
rorism preparedness activities.
(3) Coordination efforts with public, private,
nonprofit, and for-profit hospitals and medical pro-
viders are essential to the success of preventing the
spread of a biological terrorist attack.
(4) The Centers for Disease Control and Pre-
vention have implemented a solid structure with
which to combat terrorism. However, additional re-
sources and direction are needed to expand upon the
program and accelerate its results.
(5) There are hundreds of infectious agents and
toxins, but only a small subgroup has the physical
and biological properties needed for a mass casualty
producing biological weapon.
(6) Most biological weapons programs con-
centrate on between 10 and 15 agents sharing the
common characteristics of ease of production, infec-
tivity or toxicity, stability during processing, storage
and in the environment, and the ability to effectively
cause illness or death to an exposed population with
anthrax and small pox common to most lists.
(7) A comprehensive strategy that involves pre-
venting an attack from occurring and preparing the
Federal, State, local and private sectors in case such
an attack were to occur is critical to reducing the in-
cidence of fatality if such an attack were to occur.
(8) The intelligence community must make far
greater use of the biomedical communities in and
out of government and the United States national
security community should include the medical, pub-
lic health and human service communities, which all
are critical to bioterrorism preparedness and re-
sponse.
(9) Enhancing domestic preparedness by devel-
oping a national bioterrorism surveillance and detec-
tion capacity, developing and distributing rapid and
more reliable diagnostic capabilities and systems, de-
veloping a comprehensive strategy for assuring surge
capacity for health care, streamlining national phar-
maceutical stockpiling efforts, and increasing re-
search and development for new pharmaceuticals,
vaccines and antidotes are essential endeavors.
(10) Developing a clear strategy for working
with the media to help manage public apprehension
and panic and to reexamine and modernize the legal
framework for epidemic control measures and civil
liberties, including working with States to achieve
greater harmony at the State and local level with
management of new threats must be done.
(11) The Administration of President Clinton
took the initiative to strengthen the public health in-
frastructure by creating a pharmaceutical stockpile
for civilian use, awarding contracts for new small
pox vaccine, researching the development of new and
improved diagnostics, drugs and vaccines, helping to
train first responders (police, fire fighters and public
health officials) and investing in new technologies to
help with detection of biological agents, but this ef-
fort must be dramatically accelerated and far more
money and energy is needed to address the today’s
threats.
SEC. 3. GRANTS TO IMPROVE STATE PREPAREDNESS.
(a) IN GENERAL.—The Secretary of Health and
Human Services (referred to in this Act as the ‘‘Sec-
retary’’), acting through the Director of the Centers for
Disease Control and Prevention, shall award grants to
States to enable such States to prepare for and respond
to bioterrorism. The grant program established under this
section shall be administered through the Bioterrorism
Preparedness and Response Initiative.
(b) ELIGIBILITY.—To be eligible to receive a grant
under subsection (a), a State shall prepare and submit to
the Secretary an application at such time, in such manner,
and containing such information as the Secretary may re-
(13) the designation of a State official to serve
as a liaison to the Office of Homeland Security; and
(14) the general goals and needs of the State
relating to bioterrorism.
(c) ANNUAL SUBMISSIONS.—A State that receives a
grant under this section shall annually submit to the Sec-
retary an updated State plan that contains the informa-
tion described in paragraphs (1) through (13) of sub-
section (b).
(d) USE OF FUNDS.—A State shall use amounts re-
ceived under a grant under this section to carry out the
State plan under subsection (b). Additionally, a State may
use such funds to—
(1) prepare for and prevent a biological or
chemical attack;
(2) carry out surveillance and detection activi-
ties relating to biological or chemical attacks;
(3) carry out activities to improve communica-
tions and coordination efforts within the State and
between the State and the Federal Government;
(4) carry out activities to improve emergency
response capabilities in the State; and
(5) make public health infrastructure improve-
ments, including—
(A) carrying out activities relating to rapid
disease detection and investigation;
(B) carrying out activities to improve State
and local laboratories, including improving bio-
logical and chemical agent identification, classi-
fication, and characterization (bacteria, viruses,
and toxins);
(C) carrying out coordinated public health
response activities;
(D) carrying out activities to improve pub-
lic health information technology;
(E) providing training for health care
workers and otherwise addressing staffing
needs;
(F) the development of comprehensive
statewide electronic public health reporting sys-
tems; and
(G) carrying out cooperative efforts with
State and local public and private hospitals;
(e) AMOUNT.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amount of a grant to a State under
this section for a fiscal year shall be an amount
equal to the sum of—
(A) $5,000,000; and
(B) an amount that bears the same ratio
to the amount appropriated under subsection
(g) for such fiscal year as the total population
of the State bears to the total population of all
States.
(2) SMALL
STATE
MINIMUM.—Subject to the
extent of amounts made available under subsection
(g), the amount determined under paragraph (1)(B)
with respect to a State shall not be less than an
amount equal to 1 percent of the amount appro-
priated for the fiscal year involved.
(3) INDIAN TRIBES.—The Secretary shall re-
serve 1 percent of the amount appropriated for each
fiscal year under subsection (g) to award grants
under this section to Indian tribes and tribal organi-
zations. The Secretary shall develop guidelines to de-
termine the eligibility of such tribes or tribal organi-
zations for a grant under this section.
(f) ANNUAL REPORTS.—Not later than January 1,
2003, and annually thereafter, the General Accounting Of-
fice shall prepare and submit to the appropriate commit-
tees of Congress, a report concerning the implementation
of this section. Such report shall include—
(1) an assessment of the progress made by
States in preparing for and being able to respond to
a biological or chemical attack; and
(2) recommendations for areas in which the
States can improve their preparation for, or ability
to respond to, a biological or chemical attack.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section—
(1) $250,000,000 for each of fiscal years 2002
through 2006, for base allocations under subsection
(e)(1)(A); and
(2) $200,000,000 for each of fiscal years 2002
through 2006, for allocations based on State popu-
lation under subsection (e)(1)(B).
(h) DEFINITION.—In this section, the term ‘‘State’’
means each of the several States, the District of Columbia,
and any commonwealth, territory, or possession of the
United States.
SEC. 4. PROVISION OF INFORMATION BY THE FEDERAL
GOVERNMENT.
(a) IN GENERAL.—Each agency of the Federal Gov-
ernment that collects or prepares information of the type
described in this subsection shall provide to each State the
following—
(1) a description of the probable agents that
may be utilized in a biological or chemical attack,
the characteristics of such agents, their impact on
people, and appropriate risk assessments;
(2) model or proposed bioterrorism plans, based
on Federal standards and guidelines, for the surveil-
lance, detection, response to, and management of a
biological or chemical attack;
(3) information relating to biological or chem-
ical attacks that is based on best practices;
(4) emergency health information;
(5) bioterrorism preparation and response
training information;
(6) bioterrorism-related emergency information;
(7) a list of available resources maintained by
public, private, nonprofit, and for-profit entities that
have compiled bioterrorism training data and other
related information; and
(8) in times of war, heightened threat, or risk
of war, critical information relating to the health
and safety of the State’s residents.
(b) COORDINATION.—The Secretary shall coordinate
the provision of information under subsection (a) to avoid
duplication of efforts.
(c) BEST PRACTICES.—There is authorized to be ap-
propriated, $50,000,000 in each fiscal year to enable the
Director of the Centers for Disease Control and Preven-
tion to continue and enhance the efforts of the Centers
in developing best practices relating to biological or chem-
ical attacks.
(d) STATE SECURITY COORDINATOR.—There shall be
established within the Office of Homeland Security, a posi-
tion to be known as the ‘‘Assistant Director for State Co-
ordination’’. The Director of the Office of Homeland Secu-
rity shall appoint an individual to serve as the Assistant
Director and act as a liaison between the Office and the
States.
SEC. 5. DEVELOPMENT OF COMMUNICATIONS SYSTEMS.
(a) IN GENERAL.—The Secretary, acting through the
Director of the Centers for Disease Control and Preven-
tion and in consultation with the heads of other Federal
departments and agencies, shall—
(1) carry out activities to implement a national
communications system, including the establishment
of a national electronic infrastructure, to improve
the exchange of emergency health information
among Federal, State, and local health agencies;
(2) develop a national emergency communica-
tion plan that ensures the rapid dissemination of