[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3242 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3242
To ensure that the United States is prepared for an attack using
biological or chemical weapons.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 7, 2001
Mr. Blagojevich introduced the following bill; which was referred to
the Committee on Energy and Commerce, and in addition to the Committees
on Agriculture, the Judiciary, and Science, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To ensure that the United States is prepared for an attack using
biological or chemical weapons.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biological and Chemical Weapons
Preparedness Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Terrorists may threaten to use, or attempt to use, a
biological or chemical weapon against the United States.
(2) With respect to bioterrorism, State and local first-
responder, public health, and medical communities stand
directly on the front lines. How well the United States
responds to such a threat or attack will depend on the
preparedness of State and local communities.
(3) State and local first-responder units (law enforcement,
fire, emergency transport, emergency management, and medical or
allied health professionals) lack the basic training and
equipment needed to effectively counter the bioterrorism
threats faced by the United States.
(4) There continues to be insufficient capital funding by
private and public sources of hospitals, laboratories, clinics,
information networks, and other necessary elements to ensure
the provision of public health services in the event of a
bioterrorism attack.
(5) The terrorism threat extends well beyond traditional
methods of attack. Common, everyday agricultural products such
as foods, fertilizers, pesticides and even certain animals can
be transformed into devastating weapons that threaten economic
well-being as well as public health. The ability of the United
States to diagnose, contain, and treat plant and animal
diseases is hampered by a lack of coordination, training, and
testing facilities.
(6) The common good of resisting bioterrorism through
immediate first response and a solid medical and public health
infrastructure depends upon a sustained, consistent Federal,
State, and local focus and resource commitment.
(b) Purpose.--The purpose of this Act is--
(1) to encourage and promote State and local community
first-responder efforts to prepare for, and respond to, a
biological or chemical attack;
(2) to strengthen State and local medical and public health
infrastructures through a skilled professional workforce,
robust medical and disease surveillance information and data
systems, and strong health departments, laboratories, and
hospital emergency medical facilities; and
(3) to develop and expand agricultural and farm community
readiness for a biological or chemical attack involving plants,
animals, or other food commodities through coordination,
training, and expanded access to disease testing.
SEC. 3. STATE AND LOCAL PUBLIC HEALTH INFRASTRUCTURE
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXVIII--PREPARING FOR AND RESPONDING TO BIOTERRORISM
``Subtitle A--National Biological or Chemical Terrorism Preparedness
Goals
``SEC. 2801. PURPOSE.
``The purpose of this subtitle is to establish National Biological
or Chemical Terrorism Preparedness Goals.
``SEC. 2802. NATIONAL BIOLOGICAL OR CHEMICAL TERRORISM PREPAREDNESS
GOALS.
``The Congress declares that the National Biological or Chemical
Terrorism Preparedness Goals (referred to in this title as the
`Preparedness Goals') are the following:
``(1) First responders.--By the year 2010, each first-
responder (including law enforcement, fire, rescue, emergency
medical services, emergency management, medical, and allied
health professionals) will have adequate capacity, including
coordination with other public and private stakeholders,
response training, resources, technology, and workforce,
necessary to effectively prepare for, and respond to, a
biological or chemical terrorist attack.
``(2) Public health departments.--By the year 2010, each
public health department will have adequate capacity, including
coordination with other public and private stakeholders,
response training, resources, technology, and workforce,
necessary to effectively prepare for, and respond to, a
biological or chemical terrorist attack.
``(3) Disease surveillance.--By the year 2010, each State
and local government will participate in, and have
uninterrupted access to, sophisticated, electronic disease
surveillance, interoperable networks and data protocols,
information exchange, and immediate access to medical data,
treatment guidelines, and health alerts.
``(4) Laboratory readiness.--By the year 2010, Federal,
State, local, and public and private stakeholders will
collectively ensure laboratory readiness for a biological or
chemical attack, including the development of a nationwide
laboratory response system, response training, capacity building, and
coordination assistance.
``(5) Emergency rooms.--By the year 2010, local emergency
rooms will have adequate capacity, including coordination with
other public and private stakeholders, response training, resources,
technology, workforce, surge capacity, biocontainment, and
decontamination capabilities necessary to effectively prepare for, and
respond to, a biological or chemical terrorist attack.
``(6) Agricultural biological or chemical attacks.--By the
year 2010, each State and local government will have adequate
capacity, including coordination with other public and private
stakeholders, response training, resources, technology, and
workforce, necessary to effectively prepare for, and respond
to, an agricultural biological or chemical terrorist attack.
``(7) Health care and public health workforce.--By the year
2010, Federal, State, and local stakeholders will collectively
ensure health care workforce readiness for a biological or
chemical attack, including efforts to expand and strengthen the
health care and public health workforce in key biopreparedness
priority workforce areas as needed in an emergency.
``SEC. 2803. DUTIES AND AUTHORITY OF THE SECRETARY.
``(a) Plan.--Not later than 1 year after the date of enactment of
this title, the Secretary, in consultation with public and private
health care and health infrastructure entities, shall develop a
coordinated plan to achieve the Preparedness Goals. Such plan shall
include the development of specific benchmarks and outcome measures
that are necessary to evaluate the national, State, and local progress
towards achieving each such Goals.
``(b) Authority.--The Secretary shall carry out the activities
described in section 2802, and any additional activities determined
appropriate by the Secretary to achieve the Preparedness Goals.
``(c) Annual Reports.--
``(1) In general.--Not later than 1 year after the date of
enactment of this title, and annually thereafter, the Secretary
shall prepare and submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Commerce
of the House of Representatives, a report concerning the
progress made, on the national, State, and local levels, toward
achieving each of the Preparedness Goals.
``(2) Additional authority.--If the Secretary determines
that additional legislative authority is needed to meet the
Preparedness Goals by the year 2010, the Secretary shall make
recommendations for such authority in the annual report
submitted under paragraph (1).
``SEC. 2804. CONSULTATION AND COORDINATION.
``The Secretary shall consult with the heads of other Federal
agencies and with State and local entities, to coordinate programs,
activities, and efforts to achieve the Preparedness Goals, including
activities under this title, under the amendments made by the Public
Health Threats and Emergencies Act (sections 319 through 319G of this
Act), and under other laws.
``Subtitle B--National Biological or Chemical Terrorism Preparedness
Block Grants
``SEC. 2811. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of making allotments under section 2812, there
are authorized to be appropriated the following amounts:
``(1) For allotments under section 2812(a)(1), $55,000,000
for fiscal year 2002, and such sums as may be necessary for
each of fiscal years 2003 through 2006.
``(2) For allotments under section 2812(a)(2), $55,000,000
for fiscal year 2002, and such sums as may be necessary for
each of fiscal years 2003 through 2006.
``(3) For allotments under section 2812(a)(3), $100,000,000
for fiscal year 2002, and such sums as may be necessary for
each of fiscal years 2003 through 2006.
``(4) For allotments under section 2812(a)(4), $50,000,000
for fiscal year 2002, and such sums as may be necessary for
each of fiscal years 2003 through 2006.
``(5) For allotments under section 2812(a)(5), $100,000,000
for fiscal year 2002, and such sums as may be necessary for
each of fiscal years 2003 through 2006.
``(6) For allotments under section 2812(a)(6), $100,000,000
for fiscal year 2002, and such sums as may be necessary for
each of fiscal years 2003 through 2006.
``(7) For allotments under section 2812(a)(7), $95,000,000
for fiscal year 2002, and such sums as may be necessary for
each of fiscal years 2003 through 2006.
``SEC. 2812. ALLOTMENTS.
``(a) Allotment Categories.--From the amount appropriated under
section 2811 for any fiscal year, the Secretary shall make an allotment
to each State in one or more of the following categories:
``(1) State and local first responders.--Allotments to
improve the planning and training activities of State and local
first responders under section 2814(a)(1).
``(2) State and local health agency planning and
training.--Allotments to carry out State and local health
agency planning and training activities under section
2814(a)(2).
``(3) State and local disease surveillance and
information.--Allotments to improve State and local efforts to
develop disease surveillance, data, and information under
section 2814(a)(3).
``(4) Laboratory readiness.--Allotments to carry out
activities to improve laboratory readiness under section
2814(a)(4).
``(5) Hospital preparedness.--Allotments to carry out
activities to improve hospital preparedness under section
2814(a)(5).
``(6) Detection and response.--Allotments to carry out
activities to improve the ability of State and local
communities to detect and respond to biological or chemical agents
under section 2814(a)(6).
``(7) Health care workforce.--Allotments to carry out
activities to strengthen the health care workforce under
section 2814(a)(7).
``(b) Formula.--From the amount appropriated under each of
paragraphs (1) through (7) of section 2811 for any fiscal year for
allotments under any of the categories described in subsection (a), the
Secretary shall make allotments to each State on the basis of the
population of the State.
``(c) Use of Available Funds.--To the extent that all the funds
appropriated under any of paragraphs (1) through (7) of section 2811
for a fiscal year and available for allotment in such fiscal year are
not otherwise allotted to States because--
``(1) one or more States have not submitted an application
or description of activities in accordance with section 2815
with respect to one or more of the categories described in
subsection (a) for the fiscal year;
``(2) one or more States have notified the Secretary that
they do not intend to use the full amount of their allotment
under any such category; or
``(3) some State allotments are offset or repaid under
section 2816(b)(3);
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 subsection.
``(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
involved 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 Secretary 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 fiscal 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 payments 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 conducting 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 furnishing the
supplies or equipment or in detailing the personnel, 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 subsections (b) and (c),
payments made to a State under section 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 ability of State and local first
responders and emergency managers to develop planning,
training, and resources in preparation for a bioterrorist
attack, and to monitor, coordinate, contain, and respond
effectively to the effects of a bioterrorist attack.
``(2) State and local health agency planning and
training.--With respect to payments relating 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 effectively to the
effects of a bioterrorist attack.
``(3) State and local disease surveillance and
information.--With respect to payments 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 guidelines, 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 nationwide laboratory system, response training,
capacity building, and coordination assistance in order to
effectively 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 preparedness, including bioterrorist
response training and coordination, specialized equipment,
efforts to increase emergency room and intensive care unit
surge capacity, and efforts to facilitate hazardous materials
decontamination and biocontainment.
``(6) Detection and response.--With respect 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
undermine confidence in the food supply.
``(7) Health care workforce.--With respect 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
biopreparedness 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, construct, or
permanently improve (other than minor remodeling) any building
or other facility, or purchase major medical equipment; or
``(4) satisfy any requirement for the expenditure of non-
Federal funds as a condition for the receipt of Federal funds.
The Secretary may waive the limitation contained in paragraph (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 carrying 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 section 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 paragraph (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 administering
such funds.
``SEC. 2815. APPLICATION FOR PAYMENTS; STATE PLAN.
``(a) In General.--The Secretary may make payments under section
2813 to a State for a fiscal year only if--
``(1) the State submits to the Secretary an application for
the payments;
``(2) the application contains a State plan in accordance
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 compliance of the State
with the requirements of this subtitle (including assurances
regarding compliance with the agreements described in
subsection (c)); and
``(5) the application is in such form and is submitted by
such date as the Secretary may require.
``(b) State Plan.--A State plan required in subsection (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 programs, 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 payments 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 strategy.
``(4) The plan specifies the amount of such payments to be
expended for each of such activities.
``(c) State Certification.--The certification referred to in
subsection (a)(3) for a fiscal year is a certification 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 Federal 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 subparagraph (A), and will submit to the
Secretary a description 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 contained 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 expenditures 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 preceding 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 entities that receive
funds from such payments and procedures 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 accordance with section 2817.
``(9) The State agrees to provide the officer of the State
government responsible for the administration 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 Committee (in this subsection referred to as the
`Committee') and the Committee meets the conditions described
in the subsequent paragraphs of this subsection.
``(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 recommendations
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 departments of political subdivisions of the
State, as may be necessary to provide adequate
representation 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 established pursuant to subsection
(c)(2) may include representatives of community-based
organizations (including minority community-based
organizations), schools of public health, and entities
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 paragraphs (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 consultation
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 formats 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 accordance with the applicable format
under subparagraph (A), collect during such year, and
include in the report under paragraph (1), the
necessary 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 uniform 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 condition 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 section 2814(c) for use under this subtitle.
``(2) Audits.--Each State shall annually audit its
expenditures from payments received under section 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
General's standards for auditing governmental organizations,
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
requirements 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 Comptroller 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 expenditures 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 thereafter, 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 legislation.
``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 Secretary 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 paragraph (1) unless the
Secretary has conducted an investigation concerning whether the
State has used its allotment in accordance with the
requirements of this subtitle or the certification provided
under section 2815. Investigations required by this paragraph
shall be conducted within the affected State by qualified
investigators.
``(3) Response to complaints.--The Secretary 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 provided 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 requirements of this subtitle or certifications
provided under section 2815.
``(b) Investigations.--
``(1) By secretary.--The Secretary shall conduct in several
States in each fiscal year investigations of the use of funds
received by the States under this subtitle in order to evaluate
compliance with the requirements of this subtitle and
certifications provided under section 2815.
``(2) By comptroller general.--The Comptroller General of
the United States may conduct investigations of the use of
funds received under this subtitle by a State in order to
insure compliance with the requirements of this subtitle and
certifications provided under section 2815.
``(c) Availability of Information for Inspection.--Each State, and
each entity which has received funds from an allotment made to a State
under this subtitle, 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 authorized representatives, for
examination, copying, or mechanical reproduction on or off the premises
of the appropriate entity upon a reasonable request therefore.
``(d) Limitation on Requests for Information.--
``(1) In general.--In conducting any investigation in a
State, the Secretary or the Comptroller General of the United
States may not make a request 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 subtitle or make
an unreasonable request for information 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 proceeding.
``SEC. 2818. NONDISCRIMINATION.
``(a) General Requirements.--
``(1) Application of provisions.--For the purpose of
applying the prohibitions against discrimination on the basis
of age under the Age Discrimination 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
activities receiving Federal financial assistance.
``(2) Sex or religion.--No person shall on the ground of
sex or religion be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under, any
program or activity 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 payment 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
applicable regulation (including one prescribed to carry out subsection
(a)(2)), the Secretary shall notify the chief executive 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 action 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
referred 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 relief.
``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 BIOLOGICAL OR CHEMICAL
TERRORISM PREPAREDNESS 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
Preparedness Goals.
``(b) Report.--Not later than 60 days after making a reservation
under subsection (a), the Secretary shall prepare and submit to the
appropriate committees of Congress a report that contains--
``(1) a description of the funds so reserved; and
``(2) a description of the activities to be carried out by
the Secretary using such funds.
``Subtitle C--Miscellaneous Grant Programs
``SEC. 2831. GRANTS TO STRENGTHEN HOSPITAL EMERGENCY, TRAUMA, AND ICU
CAPACITY.
``(a) Program Authorized.--The Secretary shall award competitive
grants to eligible entities to address core bioterrorism response
capacity needs using capacities developed in consultation with public
and private entities, with a particular focus on building emergency
surge capacity, biocontainment, and decontamination capabilities.
``(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) be a public or private hospital, or a State or
political subdivision of a State acting on behalf of a public
hospital; and
``(2) prepare and submit to the Secretary an application,
at such time, in such manner, and containing such information
as the Secretary may require.
``(c) Use of Funds.--An entity that receives a grant under
subsection (a), may use amounts received under the grant to--
``(1) train hospital personnel in responding to
bioterrorism threats;
``(2) develop, enhance, coordinate, or improve
institutional, local, regional, or Statewide emergency surge
capacity, biocontainment, or decontamination capabilities; or
``(3) develop a plan for responding to bioterrorism
threats.
``(d) Allocation.--In allocating amounts under this section, the
Secretary shall give priority to applicants that are hospitals located
within 1 mile of a metropolitan area with a population of at least
100,000.
``(e) Report.--Not later than 1 year after the date of enactment of
this title, and annually thereafter, the Secretary shall prepare and
submit to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Commerce of the House of
Representatives a report that describes the activities carried out
under this section.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $154,000,000 for fiscal year
2002, and such sums as may be necessary for each of fiscal years 2003
through 2006.''.
SEC. 4. REVITALIZING FEDERAL BIOLOGICAL AND CHEMICAL COUNTERTERRORISM
EFFORTS.
(a) Finding.--Congress finds that significant new Federal personnel
and infrastructure investments are needed to effectively counter
biological and chemical terrorism in the next century, including
threats to agriculture and the domestic food supply, increase
preparedness, and strengthen Federal response efforts.
(b) Improving Vaccine, Antibiotic, and Therapeutic Research and
Development.--For the purposes of improving Federal vaccine,
antibiotic, and therapeutic research and development, upgrading
bioterrorism capacities at the Centers for Disease Control and
Prevention, enabling the Federal Government to provide training and
assistance to local communities to improve preparedness, strengthening
the National Pharmaceutical Stockpile, and other critical capacity
building and preparedness efforts, there is authorized to be
appropriated $844,000,000 for fiscal year 2002, and such sums as may be
necessary for each of fiscal years 2003 through 2006.
(c) Protecting the Food Supply.--For the purposes of protecting
agricultural production and safeguarding the food supply of the United
States, increasing federal diagnostic and testing resources available
to the States, and expanding Federal efforts to interdict dangerous or
noxious substances which may be hazardous to public health, there is
authorized to be appropriated--
(1) to the Secretary of Agriculture $250,000,000 for fiscal
year 2002, and such sums as may be necessary for each of fiscal
years 2003 through 2006; and
(2) to the Attorney General for use by the United States
Customs Service $100,000,000 for fiscal year 2002, and such
sums as may be necessary for each of fiscal years 2003 through
2006.
(d) Additional Research and Development.--For the purposes of
promoting and expanding research on biological and chemical terrorism--
(1) there is authorized to be appropriated to the Secretary
of Energy, $10,000,000 for fiscal year 2002, and such sums as
may be necessary for each of fiscal years 2003 through 2006;
(2) there is authorized to be appropriated to the Attorney
General, $10,000,000 for fiscal year 2002, and such sums as may
be necessary for each of fiscal years 2003 through 2006;
(3) there is authorized to be appropriated to the Secretary
of Agriculture, $10,000,000 for fiscal year 2002, and such sums
as may be necessary for each of fiscal years 2003 through 2006;
and
(4) there is authorized to be appropriated to the
Administrator of the Environmental Protection Agency,
$10,000,000 for fiscal year 2002, and such sums as may be
necessary for each of fiscal years 2003 through 2006.
SEC. 5. STRENGTHENING RURAL COMMUNITY PREPAREDNESS FOR A BIOLOGICAL OR
CHEMICAL ATTACK.
(a) Finding.--Congress finds that rural communities may lack the
coordination, training, or resources necessary to fully and effectively
prepare for, and respond to, a biological or chemical terrorist attack.
(b) Strengthening Rural Community Preparedness for a Biological or
Chemical Attack.--The Secretary of Health and Human Services shall
review existing Federal counterterrorism efforts in light of specific
characteristics which may render a rural community uniquely vulnerable
to a biological or chemical terrorist attack, including distance, lack
of emergency transport, hospital or laboratory capacity, lack of
integration into State or Federal public health networks, workforce
deficits, or other relevant conditions, and carry out activities where
necessary to strengthen rural community preparedness.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services shall prepare and
submit to the appropriate committees of Congress a report containing
the results of the review conducted under subsection (b). If the
Secretary determines that additional legislative authority is necessary
to effectively strengthen rural community preparedness, the report
shall contain the recommendation of the Secretary to that effect.
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