such excess shall be allotted among each of the remaining
States in proportion to the amount otherwise allotted to
such States for the fiscal year without regard to this sub-
section.
‘‘(d) INDIAN TRIBES.—
‘‘(1) IN GENERAL.—If the Secretary—
‘‘(A) receives a request from the governing
body of an Indian tribe or tribal organization
within any State that funds under this subtitle
be provided directly by the Secretary to such
tribe or organization; and
‘‘(B) determines that the members of such
tribe or tribal organization would be better
served by means of grants made directly by the
Secretary under this subtitle;
the Secretary shall reserve from amounts which
would otherwise be allotted to such State under any
of the categories described in subsection (a) for the
fiscal year the amount determined under paragraph
(2).
‘‘(2) AMOUNT.—The Secretary shall reserve for
the purpose of paragraph (1) from amounts that
would otherwise be allotted to such State under any
of the categories described in subsection (a) an
amount equal to the amount which bears the same
ratio to the State’s allotment for the fiscal year in-
volved as the population of the Indian tribe or the
individuals represented by the tribal organization
bears to the total population of the State.
‘‘(3) GRANT.—The amount reserved by the Sec-
retary on the basis of a determination under this
subsection shall be granted to the Indian tribe or
tribal organization serving the individuals for whom
such a determination has been made.
‘‘(4) PLAN.—In order for an Indian tribe or
tribal organization to be eligible for a grant for a fis-
cal year under this subsection, it shall submit to the
Secretary a plan for such fiscal year which meets
such criteria as the Secretary may prescribe.
‘‘(5) DEFINITIONS.—In this subsection, the
terms ‘Indian tribe’ and ‘tribal organization’ have
the same meaning given such terms in section 4(b)
and section 4(c) of the Indian Self-Determination
and Education Assistance Act.
‘‘SEC. 2813. PAYMENTS UNDER ALLOTMENTS TO STATES.
‘‘(a) PAYMENTS.—
‘‘(1) IN GENERAL.—For each fiscal year, the
Secretary shall make payments, as provided for by
section 203 of the Intergovernmental Cooperation
Act of 1968 (42 U.S.C. 4213), to each State from
its allotment under section 2812 (other than any
amount reserved under section 2812(d)) from
amounts appropriated for that fiscal year.
‘‘(2) AVAILABILITY
OF
FUNDS.—Any amount
paid to a State for a fiscal year under paragraph (1)
and remaining unobligated at the end of such year
shall remain available for the next fiscal year to such
State for the purposes for which it was made.
‘‘(b) REDUCTION IN PAYMENTS.—The Secretary, at
the request of a State, may reduce the amount of pay-
ments under subsection (a) by—
‘‘(1) the fair market value of any supplies or
equipment furnished the State; and
‘‘(2) the amount of the pay, allowances, and
travel expenses of any officer or employee of the
Federal Government when detailed to the State and
the amount of any other costs incurred in connection
with the detail of such officer or employee;
when the furnishing of supplies or equipment or the detail
of an officer or employee is for the convenience of and
at the request of the State and for the purpose of con-
ducting activities described in section 2814. The amount
by which any payment is so reduced shall be available for
payment by the Secretary of the costs incurred in fur-
nishing the supplies or equipment or in detailing the per-
sonnel, on which the reduction of the payment is based,
and the amount shall be deemed to be part of the payment
and shall be deemed to have been paid to the State.
‘‘SEC. 2814. USE OF ALLOTMENTS.
‘‘(a) IN GENERAL.—Except as provided in sub-
sections (b) and (c), payments made to a State under sec-
tion 2813 may be used for the following:
‘‘(1) STATE AND LOCAL FIRST RESPONDERS.—
With respect to payments relating to an allotment
described in section 2812(a)(1), to improve the abil-
ity of State and local first responders and emergency
managers to develop planning, training, and re-
sources in preparation for a bioterrorist attack, and
to monitor, coordinate, contain, and respond effec-
tively to the effects of a bioterrorist attack.
‘‘(2) STATE AND LOCAL HEALTH AGENCY PLAN-
NING AND TRAINING.—With respect to payments re-
lating 
to 
an 
allotment 
described 
in 
section
2812(a)(2), to improve the ability of State and local
health agencies to develop planning, training, and
resources in preparation for a bioterrorist attack,
and to monitor, coordinate, contain, and respond ef-
fectively to the effects of a bioterrorist attack.
‘‘(3) STATE
AND
LOCAL
DISEASE
SURVEIL-
LANCE
AND
INFORMATION.—With respect to pay-
ments relating to an allotment described in section
2812(a)(3), to supporting State and local efforts to
develop sophisticated, electronic disease surveillance
systems, establish interoperable networks and data
protocols, promote information exchange, and ensure
immediate access to medical data, treatment guide-
lines, and health alerts.
‘‘(4) LABORATORY
READINESS.—With respect
to payments relating to an allotment described in
section 2812(a)(4), to improve laboratory readiness,
including the development of a collaborative nation-
wide laboratory system, response training, capacity
building, and coordination assistance in order to ef-
fectively respond to a bioterrorist attack.
‘‘(5) HOSPITAL PREPAREDNESS.—With respect
to payments relating to an allotment described in
section 2812(a)(5), to strengthen hospital prepared-
ness, including bioterrorist response training and co-
ordination, specialized equipment, efforts to increase
emergency room and intensive care unit surge capac-
ity, and efforts to facilitate hazardous materials de-
contamination and biocontainment.
‘‘(6) DETECTION
AND
RESPONSE.—With re-
spect to payments relating to an allotment described
in section 2812(a)(6), to improve the ability of State
and local communities to rapidly detect and respond
to unwanted biological or chemical agents that affect
plants or animals that threaten public safety or un-
dermine confidence in the food supply.
‘‘(7) HEALTH
CARE
WORKFORCE.—With re-
spect to payments relating to an allotment described
in section 2812(a)(7), to strengthen the health care
workforce involved in emergency response, including
efforts to expand the workforce in key bioprepared-
ness priority areas (as designated by the Secretary).
‘‘(b) PROHIBITED USES.—A State may not use
amounts paid to it under section 2813 to—
‘‘(1) provide inpatient services;
‘‘(2) make cash payments to intended recipients
of health services;
‘‘(3) purchase or improve land, purchase, con-
struct, or permanently improve (other than minor
remodeling) any building or other facility, or pur-
chase major medical equipment; or
‘‘(4) satisfy any requirement for the expendi-
ture of non-Federal funds as a condition for the re-
ceipt of Federal funds.
The Secretary may waive the limitation contained in para-
graph (3) upon the request of a State if the Secretary
finds that there are extraordinary circumstances to justify
the waiver and that granting the waiver will assist in car-
rying out this subtitle.
‘‘(c) TRANSFER OF FUNDS.—
‘‘(1) IN GENERAL.—A State may transfer not
more than 10 percent of the amount allotted to the
State under any of the categories described in sec-
tion 2812(a) for any fiscal year for use by the State
under any other of such categories in accordance
with paragraph (2).
‘‘(2) REQUIREMENT.—At any time in the first
three quarters of the fiscal year a State, under para-
graph (1) may transfer not more than 3 percent of
the allotment of the State for the fiscal year for
such use, and in the last quarter of a fiscal year a
State may transfer for such use not more than the
remainder of the amount of its allotment which may
be transferred.
‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Of
the amount paid to any State under section 2813, not
more than 5 percent may be used for administering the
funds made available under such section. The State will
pay from non-Federal sources the remaining costs of ad-
ministering such funds.
‘‘SEC. 2815. APPLICATION FOR PAYMENTS; STATE PLAN.
‘‘(a) IN GENERAL.—The Secretary may make pay-
ments under section 2813 to a State for a fiscal year only
if—
‘‘(1) the State submits to the Secretary an ap-
plication for the payments;
‘‘(2) the application contains a State plan in ac-
cordance with subsection (b);
‘‘(3) the application contains the certification
described in subsection (c);
‘‘(4) the application contains such assurances
as the Secretary may require regarding the compli-
ance of the State with the requirements of this sub-
title (including assurances regarding compliance
with the agreements described in subsection (c));
and
‘‘(5) the application is in such form and is sub-
mitted by such date as the Secretary may require.
‘‘(b) STATE PLAN.—A State plan required in sub-
section (a)(2) for a fiscal year is in accordance with this
subsection if the plan meets the following conditions:
‘‘(1) The plan is developed by the State agency
with principal responsibility for public health pro-
grams, in consultation with the advisory committee
established pursuant to subsection (c)(2).
‘‘(2) The plan specifies the activities authorized
in section 2814 that are to be carried out with pay-
ments made to the State under section 2813.
‘‘(3) The plan contains a strategy for expending
such payments to carry out activities under section
2814 which includes—
‘‘(A) a description of the programs,
projects, and activities to be carried out; and
‘‘(B) an estimate of the number of public
health personnel needed to carry out the strat-
egy.
‘‘(4) The plan specifies the amount of such pay-
ments to be expended for each of such activities.
‘‘(c) STATE CERTIFICATION.—The certification re-
ferred to in subsection (a)(3) for a fiscal year is a certifi-
cation to the Secretary by the chief executive officer of
the State involved as follows:
‘‘(1)(A) In the development of the State plan
required in subsection (a)(2)—
‘‘(i) the chief health officer of the State
held public hearings on the plan; and
‘‘(ii) proposals for the plan were made
public in a manner that facilitated comments
from public and private entities (including Fed-
eral and other public agencies).
‘‘(B) The State agrees that, if any revisions are
made in such plan during the fiscal year, the State
will, with respect to the revisions, hold hearings and
make proposals public in accordance with subpara-
graph (A), and will submit to the Secretary a de-
scription of the revisions.
‘‘(2) The State has established an advisory
committee in accordance with subsection (d).
‘‘(3) The State agrees to expend payments
under section 2813 only for the activities authorized
in section 2814.
‘‘(4) The State agrees to expend such payments
in accordance with the State plan submitted under
subsection (a)(2) (with any revisions submitted to
the Secretary under paragraph (1)(B)), including
making expenditures to carry out the strategy con-
tained in the plan pursuant to subsection (b)(3).
‘‘(5) The State agrees that the State will collect
and report data in accordance with section 2816(a).
‘‘(6) With respect to the activities authorized in
section 2814, the State agrees to maintain State ex-
penditures for such activities at a level that is not
less than the average level of such expenditures
maintained by the State for the 2-year period pre-
ceding the fiscal year for which the State is applying
to receive payments under section 2813.
‘‘(7) The State agrees to establish reasonable
criteria to evaluate the effective performance of enti-
ties that receive funds from such payments and pro-
cedures for procedural and substantive independent
State review of the failure by the State to provide
funds for any such entity.
‘‘(8) The State agrees to permit and cooperate
with Federal investigations undertaken in accord-
ance with section 2817.
‘‘(9) The State agrees to provide the officer of
the State government responsible for the administra-
tion of the State highway safety program with an
opportunity to—
‘‘(A) participate in the development of any
plan by the State relating to emergency medical
services, as such plan relates to highway safety;
and
‘‘(B) review and comment on any proposal
by any State agency to use any Federal grant
or Federal payment received by the State for
the provision of emergency medical services as
such proposal relates to highway safety.
‘‘(d) STATE ADVISORY COMMITTEE.—
‘‘(1) IN GENERAL.—For purposes of subsection
(c)(2), an advisory committee is in accordance with
this subsection if such committee is known as the
State Bioterrorism Preparedness Advisory Com-
mittee (in this subsection referred to as the ‘Com-
mittee’) and the Committee meets the conditions de-
scribed in the subsequent paragraphs of this sub-
section.
‘‘(2) DUTIES.—A condition under paragraph
(1) for a State is that the duties of the Committee
are—
‘‘(A) to hold public hearings on the State
plan required in subsection (a)(2); and
‘‘(B) to make recommendations pursuant
to subsection (b)(1) regarding the development
and implementation of such plan, including rec-
ommendations on—
‘‘(i) which of the activities authorized
in section 2814 should be carried out in
the State;
‘‘(ii) the allocation of payments made
to the State under section 2813;
‘‘(iii) the coordination of activities
carried out under such plan with relevant
programs of other entities; and
‘‘(iv) the collection and reporting of
data in accordance with section 2816(a).
‘‘(3) COMPOSITION.—
‘‘(A) IN
GENERAL.—A condition under
paragraph (1) for a State is that the Committee
is composed of such members of the general
public, and such officials of the health depart-
ments of political subdivisions of the State, as
may be necessary to provide adequate represen-
tation of the general public and of such health
departments, laboratories, first responders, and
agricultural stakeholders.
‘‘(B) SPECIFIC
REPRESENTATION.—With
respect to compliance with subparagraph (A),
the membership of advisory committees estab-
lished pursuant to subsection (c)(2) may in-
clude representatives of community-based orga-
nizations (including minority community-based
organizations), schools of public health, and en-
tities to which the State involved awards grants
or contracts to carry out activities authorized in
section 2814.
‘‘(4) CHAIR; MEETINGS.—A condition under
paragraph (1) for a State is that the State public
health officer serves as the chair of the Committee,
and that the Committee meets not less than twice
each fiscal year.
‘‘(e) CONSOLIDATED APPLICATION.—A State may
submit a single consolidated application for one or more
allotments under any of the categories described in para-
graphs (1) through (7) of section 2812(a).
‘‘SEC. 2816. REPORTS, DATA, AND AUDITS.
‘‘(a) COLLECTION AND REPORTING OF DATA.—
‘‘(1) IN
GENERAL.—For purposes of section
2815(c)(5), a State is collecting and reporting data
for a fiscal year in accordance with this subsection
if the State submits to the Secretary, not later than
February 1 of the succeeding fiscal year, a report
that—
‘‘(A) describes the purposes for which the
State expended payments made to the State
under section 2813;
‘‘(B) meets the conditions described in the
subsequent paragraphs of this subsection; and
‘‘(C) contains such additional information
regarding activities authorized in section 2814,
and is submitted in such form, as the Secretary
may require.
‘‘(2) UNIFORM DATA SETS.—
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the States, shall develop sets of
data for uniformly deriving information under
this section. Each of such sets shall consist of
one or more categories of information (in this
subsection individually referred to as a ‘uniform
data item’). The Secretary shall develop for-
mats for the uniform collecting and reporting of
information on such items.
‘‘(B) COLLECTION
OF
INFORMATION.—A
condition under paragraph (1)(B) for a fiscal
year is that the State involved will, in accord-
ance with the applicable format under subpara-
graph (A), collect during such year, and include
in the report under paragraph (1), the nec-
essary information for one uniform data item
from each of the uniform data sets, which items
are selected for the State by the Secretary.
‘‘(3) CRITERIA.—The Secretary, in consultation
with the States, shall establish criteria for the uni-
form collection and reporting of data on activities
authorized in section 2814 with respect to which no
uniform data items exist.
‘‘(4) AVAILABILITY OF INFORMATION.—A con-
dition under paragraph (1) for a fiscal year is that
the State involved will make copies of the report
submitted under such paragraph for the fiscal year
available for public inspection, and will upon request
provide a copy of the report to any individual for a
charge not exceeding the cost of providing the copy.
‘‘(b) FISCAL CONTROLS.—
‘‘(1) IN GENERAL.—Each State shall establish
fiscal control and fund accounting procedures as
may be necessary to assure the proper disbursal of
and accounting for Federal funds paid to the State
under section 2813 and funds transferred under sec-
tion 2814(c) for use under this subtitle.
‘‘(2) AUDITS.—Each State shall annually audit
its expenditures from payments received under sec-
tion 2813. Such State audits shall be conducted by
an entity independent of any agency administering a
program funded under this subtitle and, in so far as
practical, in accordance with the Comptroller Gen-
eral’s standards for auditing governmental organiza-
tions, programs, activities, and functions. Within 30
days following the date each audit is completed, the
chief executive officer of the State shall transmit a
copy of that audit to the Secretary.
‘‘(3) REPAYMENTS.—Each State shall, after
being provided by the Secretary with adequate notice
and opportunity for a hearing within the State,
repay to the United States amounts found not to
have been expended in accordance with the require-
ments of this subtitle or the certification provided by
the State under section 2815. If such repayment is
not made, the Secretary shall, after providing the
State with adequate notice and opportunity for a
hearing within the State, offset such amounts
against the amount of any allotment to which the
State is or may become entitled under this subtitle.
‘‘(4) AVAILABILITY
OF
REPORTS.—The State
shall make copies of the reports and audits required
by this section available for public inspection within
the State.
‘‘(5) EVALUATION BY SECRETARY.—The Comp-
troller General of the United States shall, from time
to time, evaluate the expenditures by States of
grants under this subtitle in order to ensure that ex-
penditures are consistent with the provisions of this
subtitle and the certification provided by the State
under section 2815.
‘‘(6) REPORT.—Not later than 1 year after the
date of enactment of this title, and annually there-
after, the Secretary shall report to the Congress on
the activities of the States that have received funds
under this subtitle and may include in the report
any recommendations for appropriate changes in leg-
islation.
‘‘SEC. 2817. WITHHOLDING.
‘‘(a) REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall, after
adequate notice and an opportunity for a hearing
conducted within the affected State, withhold funds
from any State which does not use its allotment in
accordance with the requirements of this subtitle or
the certification provided under section 2815. The
Secretary shall withhold such funds until the Sec-
retary finds that the reason for the withholding has
been removed and there is reasonable assurance that
it will not recur.
‘‘(2) INVESTIGATION.—The Secretary may not
institute proceedings to withhold funds under para-
graph (1) unless the Secretary has conducted an in-
vestigation concerning whether the State has used
its allotment in accordance with the requirements of
this subtitle or the certification provided under sec-
tion 2815. Investigations required by this paragraph
shall be conducted within the affected State by
qualified investigators.
‘‘(3) RESPONSE
TO
COMPLAINTS.—The Sec-
retary shall respond in an expeditious manner to
complaints of a substantial or serious nature that a
State has failed to use funds in accordance with the
requirements of this subtitle or certifications pro-
vided under section 2815.
‘‘(4) MINOR
FAILURES.—The Secretary may
not withhold funds under paragraph (1) from a
State for a minor failure to comply with the require-
ments of this subtitle or certifications provided
under section 2815.
‘‘(b) INVESTIGATIONS.—
‘‘(1) BY SECRETARY.—The Secretary shall con-
duct in several States in each fiscal year investiga-
tions of the use of funds received by the States
under this subtitle in order to evaluate compliance
with the requirements of this subtitle and certifi-
cations provided under section 2815.
‘‘(2) BY COMPTROLLER GENERAL.—The Comp-
troller General of the United States may conduct in-
vestigations of the use of funds received under this
subtitle by a State in order to insure compliance
with the requirements of this subtitle and certifi-
cations provided under section 2815.
‘‘(c) AVAILABILITY OF INFORMATION FOR INSPEC-
TION.—Each State, and each entity which has received
funds from an allotment made to a State under this sub-
title, shall make appropriate books, documents, papers,
and records available to the Secretary or the Comptroller
General of the United States, or any of their duly author-
ized representatives, for examination, copying, or mechan-
ical reproduction on or off the premises of the appropriate
entity upon a reasonable request therefore.
‘‘(d) LIMITATION
ON REQUESTS
FOR INFORMA-
TION.—
‘‘(1) IN GENERAL.—In conducting any inves-
tigation in a State, the Secretary or the Comptroller
General of the United States may not make a re-
quest for any information not readily available to
such State or an entity which has received funds
from an allotment made to the State under this sub-
title or make an unreasonable request for informa-
tion to be compiled, collected, or transmitted in any
form not readily available.
‘‘(2) JUDICIAL PROCEEDINGS.—Paragraph (1)
does not apply to the collection, compilation, or
transmittal of data in the course of a judicial pro-
ceeding.
‘‘SEC. 2818. NONDISCRIMINATION.
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) APPLICATION
OF
PROVISIONS.—For the
purpose of applying the prohibitions against dis-
crimination on the basis of age under the Age Dis-
crimination Act of 1975, on the basis of handicap
under section 504 of the Rehabilitation Act of 1973,
on the basis of sex under title IX of the Education
Amendments of 1972, or on the basis of race, color,
or national origin under title VI of the Civil Rights
Act of 1964, programs and activities funded in
whole or in part with funds made available under
this subtitle are considered to be programs and ac-
tivities receiving Federal financial assistance.
‘‘(2) SEX OR RELIGION.—No person shall on
the ground of sex or religion be excluded from par-
ticipation in, be denied the benefits of, or be sub-
jected to discrimination under, any program or ac-
tivity funded in whole or in part with funds made
available under this subtitle.
‘‘(b) FAILURE TO COMPLY.—Whenever the Secretary
finds that a State, or an entity that has received a pay-
ment from an allotment to a State under section 2812,
has failed to comply with a provision of law referred to
in subsection (a)(1), with subsection (a)(2), or with an ap-
plicable regulation (including one prescribed to carry out
subsection (a)(2)), the Secretary shall notify the chief ex-
ecutive officer of the State and shall request that such
officer secure compliance. If within a reasonable period of
time, not to exceed 60 days, the chief executive officer fails
or refuses to secure compliance, the Secretary may—
‘‘(1) refer the matter to the Attorney General
with a recommendation that an appropriate civil ac-
tion be instituted;
‘‘(2) exercise the powers and functions provided
by title VI of the Civil Rights Act of 1964, the Age
Discrimination Act of 1975, or section 504 of the
Rehabilitation Act of 1973, as may be applicable; or
‘‘(3) take such other action as may be provided
by law.
‘‘(c) REFERRAL TO ATTORNEY GENERAL.—When a
matter is referred to the Attorney General pursuant to
subsection (b)(1), or whenever the Attorney General has
reason to believe that a State or an entity is engaged in
a pattern or practice in violation of a provision of law re-
ferred to in subsection (a)(1) or in violation of subsection
(a)(2), the Attorney General may bring a civil action in
any appropriate district court of the United States for
such relief as may be appropriate, including injunctive re-
lief.
‘‘SEC. 2819. CRIMINAL PENALTY FOR FALSE STATEMENTS.
‘‘Whoever—
‘‘(1) knowingly and willfully makes or causes to
be made any false statement or representation of a
material fact in connection with the furnishing of
items or services for which payment may be made by
a State from funds allotted to the State under this
subtitle; or
‘‘(2) having knowledge of the occurrence of any
event affecting his or her initial or continued right
to any such payment conceals or fails to disclose
such event with an intent fraudulently to secure
such payment either in a greater amount than is due
or when no such payment is authorized,
shall be fined not more than $25,000 or imprisoned for
not more than five years, or both.
‘‘SEC. 2820. RESERVATION OF AMOUNT FOR NATIONAL BIO-
LOGICAL OR CHEMICAL TERRORISM PRE-
PAREDNESS GOALS.
‘‘(a) IN GENERAL.—The Secretary may reserve not
to exceed 10 percent of the amount appropriated under
any of paragraphs (1) through (7) of section 2811(a) for
a fiscal year to carry out activities to address one or more
of the National Biological or Chemical Terrorism Pre-
paredness Goals.